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Agenda 01/13/2009 Item #16D 1Agenda Item No. 16D1 January 13, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a Third Amendment to Lease Agreement with Collier Model Aeronautic Club, Inc., for the continued use of vacant County-owned land at an annual income of $10. OBJECTIVE: To allow Collier Model Aeronautic Club, Inc., to continue leasing vacant property adjacent to the Manatee Elementary and Middle School property for use of operating a model airplane flying club. CONSIDERATIONS: Since 1997, Collier Model Aeronautic Club, Inc., hereinafter referred to as 'Club,' has leased approximately thirty (30) acres of vacant land located in Section 11, Township 51, Range 26 East, which is adjacent to the Manatee Elementary and Middle School property. The current lease term expires on January 30, 2009, and the Club is requesting that the County extend the Lease term at this time. The Parks and Recreation Department is planning to develop this property at some time in the near future. However, there is no definite date for construction. With this uncertainty, the Parks and Recreation Department is agreeable to a month -to -month renewal term until such time that the property is developed. The County will provide the Club with as much advance notice as possible, but no less than thirty days as required by law. The annual rent has been Ten Dollars ($10) since the commencement of the Lease. The Club has installed many improvements at the subject property and continues to be an exemplarily tenant. FISCAL IMPACT: The annual rent of $10 shall be deposited into the MSTD General Fund (111), Parks and Recreation Administration cost center (156310), Land Lease object code (362110). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Resolution and Lease Agreement are legally sufficient for Board action. — JAB RECOMMENDATION: That the Board of County Commissioners approves the attached Third Amendment to Lease Agreement with Collier Model Aeronautic Club, Inc., and authorizes the Chairman to execute the Amendment on behalf of the Board. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Estate Services / Department of Facilities Management Page 1 of 1 Agenda Item No. 16D1 January 13, 2009 Page 2 of 4 file: / /C:AAgendaTest \Export\ 121- January %2013% 202009 \16. %2000NSENT %20AGENDA \... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D1 Item Summary: Recommendation to approve a Third Amendment to Lease Agreement with Collier Model Aeronautic Club, Inc., for the continued use of vacant County -owned land at an annual income of $10. Meeting Date: 1/13/2009 9:00.00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 12/8/2008 5:02:32 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 1219/2008 1:06 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1219/2008 1:33 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 12/1612008 10:31 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 12/17/2008 10:05 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 1211812008 1:32 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12123/2008 4:12 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12124/2008 8:18 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 12124/2008 10:44 AM Approved By James V. Mudd County Manager Date Board County Commissioners County Manager's Office 12/29/2008 9:22 AM file: / /C:AAgendaTest \Export\ 121- January %2013% 202009 \16. %2000NSENT %20AGENDA \... 1/7/2009 Agenda Item No. 1 E D1 Lease 4V4nuary 13, 2@09 Page 3 W 4 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AUREEMENT entered into this _ day of 2009 at Naples, Collier County, Florida, by and between COLLIER MODEL AERONAUTIC CLUB, INC., a Florida not- for -profit corporation, whose mailing address is 6541 Chestnut Circle, Naples, Florida 34109, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamfami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, LESSOR and LESSEE have previously entered into a Lease Agreement dated June 17, 1997 and a First Amendment to Lease Agreement dated January 25, 2000, and the Second Amendment to Lease Agreement dated January 9, 2007, collectively referred to as "Lease Agreement," and WHEREAS. the LESSOR and LESSEE are desirous of amending the Lease Agreement, and NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: The following provision shall be added to Article 2 of the Lease Agreement: Fallowing the Renewal Lease rem of January 30, 2009, LESSEE shall he allowed to remain at the Demised Premises on a month -to -month basis until such time that LESSOR provides LESSEE, with thirty (30) day termination notice. 2. Except as expressly provided herein, the Lease Agreement between Collier Model Aeronautic Club, Inc., a Florida not- for -profit corporation, and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated June 17, 1997, the First Amendment to Lease Agreement dated January 25, 2000, and the Second Amendment to Lease Agreement dated January 9, 2007, remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE. have hereto executed this Third Amendment to Lease Agreement the day and year first above written. AS TO TI <E LESSEE: COLLIER MODEL AERONAUTIC CLUB, INC., a Florida not- for -profit corporation DATED: 7E witness (Signature) (Print Name) Witness (Signature) (Print Name) Title Agenda Item No. 16D1 January 13, 2009 Page 4 of 4 AS TO THE LESSOR: DA ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA BY: TOM HENNING, Chairman Jennifer A. Belpedio, Assistant County Attorney C)