Agenda 01/27/2009 Item #16D 1
Agenda Item No. 16D1
January 27, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve a Parking
License Agreement with Vanderbilt Real Estate Holdings, LP, for temporary
parking for beach maintenance equipment at an annual cost of $6,000.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to approve
and execute a Parking License Agreement with Vanderbilt Real Estate Holdings, LP, for
temporary parking for beach maintenance equipment.
CONSIDERATIONS: For the past two years, Coastal Zone Management has utilized a parking
area located at the intersection of Gulfshore Court and Center Street North, adjacent to
Vanderbilt Beach Drive, in order to park beach maintenance vehicles.
The landlord, Vanderbilt Real Estate Holdings, LP, has allowed use of this property to the
County without requiring a lease agreement or compensation. Recently, however, the landlord
has requested that the County enter into a formal agreement and provide compensation for use
of the property. At some point in the future, the County anticipates relocating the equipment
that will be stored at this property to a County-owned property within the area
The attached Parking License Agreement, which has been prepared by the landlord, provides
approximately 6,000 square feet of vacant space for a parking area. The license term is for
three (3) years beginning November 1, 2008 and expires on October 31, 2011. Either party is
provided the option to terminate the lease after the first year of occupancy by providing thirty
day written notice to the other party. The monthly rent will be Five Hundred Dollars ($500.00).
The rent equates to one dollar per square foot.
FISCAL IMPACT: The monthly rent payments of $500 shall be withdrawn from account
number 195-116361-90533.1
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. This item is not quasi-judicial, and as such ex parte disclosure is not
required. This item requires majority vote only - JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached Parking License Agreement with Vanderbilt Real Estate
Holdings, LP.
PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
Page I of 1
Agenda Item No. 16D1
January 27, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMtSSIONERS
Item Number:
Item Summary:
16D1
Recommendation for the Board of County Commissioners to approve a Parking License
Agreement with Vanderbilt Real Estate Holdings. LP, for temporary parking for beach
maintenance equipment at an annual cost of $6,000.
Meeting Date: 1/27/20099:0000 AM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 12/31/20083:46 PM
Approved By
Gary McAlpin Costal Project Manager Date
Public Services Coastal Zone Management 12/31/20084:30 PM
Approved By
Jennifer A. Belpedio Assistant County Attorney Date
County Attorney County Attorney Office 1/2/20093:51 PM
Approved By
OMB Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 1/9/20099:42 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 1/13/2009 5:46 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 1/16/200912:05 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 1/20/20094:29 PM
Commissioners
file://C:\AgendaT est\Export\ 1 22-January%2027 ,%202009\ 16. %20CON SENT%20AG END...
1/21/2009
Agenda Item No. 16D1
January 27, 2009
Page 3 of 6
PARKING LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), made and entered into this _ day of ,
2009, by and between Vanderbilt Real Estate Holdinas, L TD whose address or principal place
of business is 15 South 5th Street #900, Minneapolis, Minnesota 55402 hereinafter referred to as
"Licensor", and Collier Countv a political subdivision of the state of Florida whose address or
principal place of business is 3301 Tamiami Trial East Naples, FL 34112 hereinafter referred to
as "Licensee".
In consideration of the mutual promises hereunder, the parties agree as follows:
1. Licensor hereby grants Licensee a non-exclusive license to park its vehicle(s) in the
parking area delineated on the site plan attached hereto and made a part hereof as
Exhibit "A" ("Licensed Premises"). Only a license to park is granted hereby. No bailment
is created.
2. For the first year of Licensee's use of the Licensed Premises, Licensee agrees to pay
Licensor a monthly license fee in the amount of $500.00. The monthly license fee will
increase to $525.00 per month in the second year of this agreement and $550.00 in the
third year of this agreement. Monthly license fees are to be mailed to Welsh Companies
FL, Inc. 2400 9th Street North #101, Naples, FL 34103. Monthly license fees are due the
first of each month. Failure to pay license fee by the 5th day of each month shall result in
a penalty charge of $15.00 per day.
3. This Agreement shall commence on the ~ day of November, 2008 and terminate on the
31st day of October, 2011. Either party may terminate this Agreement after the first 12
months of the initial term with thirty (30) days prior written notice. If the term herein
commences on a day other than the first day of a calendar month, Licensee shall pay to
Licensor the prorated fee for the number of days that exist prior to the first day of the
succeeding month with a similar adjustment being made at the termination of this
Agreement. Should Licensee utilize the Licensed Premises after the termination date
without the benefit of a fully-executed and current Agreement it shall be deemed to be a
license from month to month at the monthly license fee specified in section 2, subject to
all of the other terms of this Agreement.
4. Notices shall be sent by U.S. registered or certified mail, return receipt requested, and
shall be deemed effective upon posting in the U.S. mail depository with sufficient postage
attached thereto. Notices shall be sent to the follOWing addresses:
Licensor: c/o Welsh Companies FL. Inc.
2400 9th Street North #101
Naples, FL 34103
Licensee: Board of Countv
Commissioners c/o Real Estate Services
3301 Tamiami Trial East
Admin. Buildinq
Naples. FL 34112
Page t of 4
Agenda Item No. 1601
January 27, 2009
Page 4 of 6
5. Licensee shall, unless specified herein to the contrary, maintain the Licensed Premises in
good repair during the term of this Agreement. Licensee shall keep the Licensed
Premises free from obstructions and shall not impede access to the Licensed Premises.
6. Licensor warrants and represents to be the owner of, or the authorized representative or
agent of the owner of, the Licensed Premises with full power and authority to execute this
Agreement.
7. The laws of the State of Florida and rules and regulations issued pursuant thereto shall
be applied in the interpretation, execution and enforcement of this Agreement. Any
provision of this Agreement, whether or not incorporated herein by reference, which
provides for arbitration by any extra-judicial body or person or which is otherwise in
conflict with said laws, rules and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to
negate this or any other provision in whole or in part shall be valid or enforceable
or available in any action at law whether by way of complaint, defense or
otherwise. Any provision rendered null and void by the operation of this provision will
not invalidate the remainder of this Agreement to the extent that this Agreement is
capable of execution.
8. If the Licensed Premises shall be taken by right of eminent domain, in whole or in part,
then this Agreement, at the option of either party, shall forthwith cease and terminate and
the license fee shall be properly apportioned to the date of such taking.
9. In the event the Licensed Premises are rendered unfit for Licensee's purposes by fire or
other casualty, this Agreement will immediately terminate and no license fee shall accrue
to Licensor from the date of such fire or casualty. In the event the Licensed Premises are
damaged by fire or other casualty so that there is partial destruction of the Licensed
Premises or such damage as to render the Licensed Premises partially unfit for
Licensee's purposes, either party may, within five (5) days of such occurrence, terminate
this Agreement by giving written notice to the other party. Such termination shall be
effective not less than fifteen (15) days from the date of mailing of the notice. License
fees shall be apportioned to the effective date of termination.
10. This Agreement, including all exhibits, supersedes any and all prior writlen or oral
agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever unless embodied herein in
writing. No subsequent novation, renewal, addition, deletion or other amendment hereto
shall have any force or effect unless embodied in a written executed contract.
11. Licensee understands and agrees that Licensor cannot guarantee the safety of vehicles
on the premises and also agrees that he or she will hold Licensor blameless in the event
of damage to, theft from or theft of any vehicles.
Page 2 of 4
,
..
Agel,da Iten, ~J". 1GD1
January 27, 2009
Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
LICENSOR
Vanderbilt Real Estate Holdings, LP
By:
Print:
Title:
Date:
Dated:
LICENSEE:
Attest
Board of County Commissioners,
Collier County Florida
DWIGHT E BROCK, Clerk
BY:
Deputy Clerk
By
DONNA FIALA, CHAIRMAN
Approved a to form and legal sufficiency:
...
Page 3 of 4
j
Agenda Item No. 16D1
January 27, 2009
Page 6 of 6
Exhibit "A"
"Licensed Premises"
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PARCEL # ~9121600006
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