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Agenda 06/23/2009 Item #16D10 Agenda Item No. 16D10 June 23, 2009 Page 1 of 15 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accepts Staffs report on activities related to the relocation of the modular home from Sudgen Regional Park Objective: That the Board of County Commissioners accepts Staff s report on activities related to relocating the Deputy Sheriff's modular home at Sudgen Park. Considerations: On June 9, 2009, the Board of County Commissioners approved a contract to BCBE Construction Co., Inc., for the construction contract for Sugden Park Water Ski & Sailing Centers Project #80007.1 in the amount of$612,539.00 item 16DIO. Construction of the sailing center will require the relocation of the Sheriffs Deputy who resides in a modular home on County-owned land which is located within Sudgen Park. The modular is owned by the Deputy, and the property that the modular rests on is county owned within the park pursuant to a lease agreement with the County. The sailing center was designed to be constructed on the site of the modular in order to stay within the existing site development plan of the park. On May 13, 2009 Real Estates Services provided notice to the Deputy Sheriff of the county's desire to terminate the lease agreement and to request that the Deputy move his modular no later than June 29, 2009. The Deputy had indicated that he had sought to purchase a home and to move by May 30, 2009; however, he indicated that if he could not sell his modular, he would not be able to move. Staff has sent the Deputy notice to extend the deadline to August 15,2009. On June 9, 2009, during Commissioner Communications, staff was directed to explore potential options for the Deputy in order to assist him in coming up with a reasonable solution. The following are options that staff is reviewing with the Sheriff's Deputy: Option 1: Staff contacted the Collier County School Board to detennine if there was a site that his modular could be relocated in order to accommodate the Deputy. The School Board has indicated a willingness to relocate the Deputy and is working with him on potential locations. Costs associated with relocating and hook up of utilities with this option are estimated at approximately $10,000. Option 2: Satisfy the existing note held by the Deputy for his mortgage of modular. It is estimated that the amount owed by the Deputy is $28,000. Option 3: Relocate Deputy to another County park location. Estimates associated with this option include permitting and site development costs at approximately $21,000 plus the relocating expenses of $l 0,000. ..-", Finally, while the Collier County School Board District houses Collier County Sheriff Deputies on school sites, the Collier County Parks and Recreation Department only has Agenda Item No. 16D10 June 23, 2009 Page 2 of 15 this arrangement at Sugden Park. The School Board has planned and developed their sites to provide for a mobile home with utility hook ups that accommodate their policy. The Collier County Parks have not planned for housing at its parks in a similar fashion. Costs associated with retrofitting current parks to accommodate this policy can be explored with Board direction; however, it is generally understood that there would be significant costs in both permitting and establishing utilities for this retrofit. Parks and Recreation staff is working diligently with the Sheriffs Deputy to relocate him according to the options above. The Deputy has agreed to the three options. Staff will report the resolution of this issue to the Board of County Commissioners. Le2al Considerations: This item has been reviewed by the County Attorney's Office, and it is legally sufficient for Board action. - CMG Fiscal Impact: It is estimated to cost between $10,000 and $31,000 to assist the Deputy in relocating his modular home. There is funding associated with the Sugden Lake Building Project to pay for this costs. Growth Mana2ement Impact: There is no impact to the growth management plan with this action. Recommendation: That the Board of County Commissioners accepts the Staff report regarding relocating the Deputy Sheriffs modular home from Sugden Park. ,,.,..,- Prepared bv: Barry Williams, Director, Parks and Recreation Department .- Page 1 of 1 Agenda Item No. 16D10 June 23, 2009 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D10 Recommendation that the Board of County Commissioners accepts Staffs report on activities related to the relocation of the modular home from Sudgen Regional Park. Meeting Date: 6/23/200990000 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 6/16/2009 10:43 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 6/16/200910:50 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 6116/200910:51 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 6116/20Q9 11 :02 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 6116/200911:17 AM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 6116/200912:01 PM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 6/16/20094:33 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 6117/2009 8:40 AM Commissioners file://C:\AgendaTest\Export\I 32-June%2023,%202009\I 6.%20 CONSENT%20AGENDA \ I... 6/17/2009 RESIDENTIAL LICENSE AGREEMENT Aaenda Item No. 16010 ~ June 23, 2009 Page 4 of 15 .- ."1'-- \, Residential License Agreement made this ~ 0 day of 10.'"5 !'_.J..i. /-..t~I"-- , 2007, between the BOARD of County Commissioners of Collier County, Florida. whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "BOARD") and --..-. whose address will be Sugden Regional Park, Naples, Florida 34112 ~ as the "LICENSEE"). WITNESSETH WHEREAS, BOARD is responsible for operation and maintenance of Sugden Regional Park, owned by and located in the Collier County, State of Florida ("Demised Premises"), and WHEREAS, BOARD deems it advantageous to itself to hereby provide security to the Demised Premises to enter into this Agreement to license use of the Demised Premises and improvements thereon to a Law Enforcement Officer with powers to arrest, as hereinafter set out, and WHEREAS, the word "LICENSEE" as used herein refers to the law enforcement officer and any members ofhislher family who reside at the Demised Premises, and WHEREAS, "Demised Premises" as used herein refers to the mobile home pad, its lot, its vehicle parking area, and its means of ingress/egress more particularly described and set forth in Exhibit lA' attached hereto and made a part hereof, and WHEREAS, BOARD shall not provide a mobile home nor will BOARD be responsible for any moving and/or set-up costs relating thereto, and LICENSEE shall provide and own the mobile home, and WHEREAS, the parties hereto hereby enter into the License for certain specified lands to license certain uses upon such lands at the said Demised Premises, and WHEREAS, as used herein, the words Collier County and the County of Collier are interchangeable and no distinction is intended or should be inferred, and WHEREAS, as used herein any power or authority then delegated to the Chairman of the BOARD or hislher designee, may be performed on behalf of the BOARD or by the Chainnan and/or hislher designee without the inclusion in the respective provision herein of any phrase such as the BOARD'S agent or designee," etc. NOW TIIEREFORE, in consideration of the Demised Premises and the mutual covenants and promises hereinafter contained, the parties nereto hereby agree as follows: Article I. Term of License. Cancellation The tenn of this License shall be for one year. Said term shall be effective commencing on February 15, 2007 and terminate one year later. This License shall renew from year-ta-year unless terminated according to the further terms hereof. lbis License shall terminate immediately upon LICENSEE leaving the employ of the Collier County Sheriff's Office. This License is subject to part n of Chapter 83, Florida Statutes. Article 2. Rent As bargained for consideration for this License, the LICENSEE understands that he shall use his best efforts to secure the Demised Premises from vandalism during the term of his residency. This snould include a daily round of the entire Park property including checking major points of access and any exterior facility doors and/or windows on any buildings on the property. Any suspicious findings should be reported immediately to the Demised Premises and the Parks and Recreation Director or hislber designee and any other indicated law enforcement action may be executed according to the normal discretion of the law enforcement officer. Any acts of vandalism, or the presence of suspected vandals or trespassers on the Demised Premises or Park property shall be handled according to nonnallaw enforcement discretion and authority. It is the intent of this License that the LICENSEE shall be held only to the standard of normal law enforcement procedW'e and no higher standard is intended to be accepted or imposed by this License. Agenda Item No. 16D1 0 June 23, 2009 At the commencement of this License, the LICENSEE shall meet with the Parks and Page 5 of 15 Recreation Director or hislbcr designee of the Demised Premises at the Park property for the purpose of developing a report plan for Park's security and working with the Parks and Recreation Director or hislher desigoee in connection therewith. Written reports of suspicious or unusual activities and action taken shall be forwarded to LICENSEE to the parkJ and Reaeation Director. 1ItENSEE'S failure to use his best efforts to monitor the Demised Premises and report his fmdings to the Parks and R.caeation Director or hislher designee shall subject LICENSEE to possible termination of this License. In the event of termination, the LICENSEE win vacate the Demised Premises thirty (30) days after the BOARD has provided a thirty (30) day notice to the LICENSEE stating that the License is terminated and the LICENSEE has thirty (30) days to vacate. However, both parties agree that the provision hereof shall be subordinate to LICENSEE'S primary duties as & certified law enforcemeot officer appointee of the Collier County Shcrifl"s Office. Article 13 hereof shall apply to any notice given under this Article. Article 3. C>cawancy ofPremiJes BOARD hereby liceases unto the LICENSEE upon the provisions hereinafter set forth, all of which the LICENSEE KCepts, the Demised Premises which shall be OCClJpied only by the LICENSEE and his immediate fiunily as a private, single family residence and for no other use or purpose whatsoever. Article 4. A8Si.gnment and Sublettini LICENSEE sbaU make Of attempt to assign or otherwise transfer any rights to this License nor sublease the Demised Premises or any part thereof without the consent of the BOARD. Any attempt to assign or tranSfer any rights to this License to others shaJJ be void 8b initio. Article 5. Entr:y for Im.pection. R~ and Aherations LICENSEE accepts the Demised Premises 'as is' in its present condition and shall make no alterations, changes or improvements to the Demised Premises without the prior written consent of the BOARD. In the event that repeirs associated with the Demised PremiIleS are deemed necessary, the BOARD will duly notify LICENSEE accordingly. LICENSEE shall allow BOARD free access to the Demised Premises at all reasonable times for the purpose of examining same to investigate whether all provisions of this Liceoae are being done and performed by LICENSEE. BOARD sball have the right to enter any building or structure, excluding the mobile home residence, on the Demised Premises. at any time, in the event of an emergency- The determination of an emergency shall be at the sole discretion of the BOARD. Article 6. Utilities LICENSEE agrees to pay the cable television and telephone services consumed by him during the term of this Liceosc. BOARD sball pay electricity, water and sewer charges. BOARD will permit LICENSEE to use the Demised Premises's dumpstec for purposes of garbage and trash collection. Article 7. Obliptions ofUCENSEE The LICENSEE will be responsible for any conditions that may be caused by his or her negligent or wrongful acts or omissions, those of a member of his family, or other person while on the Demised Premises with LICENSEE'S consent. The LICENSEE 111 all times during occupancy shaD: A On a weekly basis, park an easily identifiable Sheriff's Office vehicle on the Demised Premises. LICENSEE must always be a law enforcement officer with powers of arrest. B. LICENSEE shall maintain the improvements and appurtenances thereto in a safe and habitable condition. FOT safety reasons, LICENSEE shan absolutely prohibit minor members of the family, or guests who are minors., from going off of the Demised Premises and going OtIto any other part of the Demised Premises except when each minor is in the actual presence of a responsible adult. C. LICENSEE shall maintain the Demised Premises and keep said Demised Premises clean and sanitary, and maintain and care for the lawn and shrubs, and shall not allow the accumulation of materials, parts, etc., on such Demised Premises. 2 D. Remove all garbage in a clean and sanitary manner. E. Keep all plumbing fixtures clean and sanitary 8I1d in repair. F. Not destroy, deface, damage, repair or remove any part of the Demised Premises or prOperty therein belonging to the BOARD, or pennit any person to do so. G. Conduct himseLt: 8I1d require other persoDS on the Demised Premises with his consent, to conduct themselves in a manner that does not unreasonably disturb his neighbors or constitute a breach of peace. H. Use and operate in a reasonable manner all electrical, plumbing, sanitary, hearing, ventilating, air conditioning and atbet' facilities and appliances. I. Refrain from consuming alcoholic bever-ages while in the public area of the Demised Premises; however, nothing herein shall prevent LICENSEE, his family or others from consuming the same within a mobile home placed on the Demised Premises. J. Animals are not allowed on Demised Premises property, except for guidance animals. K. We will not suffer any signs on the Demised Premises without the prior approval of the BOARD. L. Shall not keep, or permit to be kept on the Demised Premises, any junk vehicle on which current registration plates are not displayed, nor shall there be any repair or extraordinary maintenance of automobiles or other vehicles on the Demised Premises. Agenda Item No. 1. O~1 0 June 23. 009 Page 6 f 15 I i I I Article 8. ObliBMions of BOARD BOARD covenants and agrees to onJy those obligations that are required by Part n of Chapter 83, Florida Statutes, and which cannot be eliminated by agreement. This License shall be at no cost to the BOARD. Article 9. Wll~e and Nuisance LICENSEE agrees that he will not commit waste on the Demised Premises, maintain Of permit to be maintained a nuisance thereot: or use or permit the Demised Premises to be used in an unlawful manner. Article 10. Reauirement of Law LICENSEE shall observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, rules., regulations, and standards applicable to LICENSEE, including, but not limited to, rules and regulations promulgated from time- <<Kime or at the direction of the BOARD. LICENSEE shall be responsible for all expenses incurred as a result of LICENSEE, or LICENSEE'S family. employee, agents, licenses or visitors violating the covenants of this Agreement. Article 1 L Waivers A waiver by the BOARD of a breach of any covenant or duty of LICENSEE under this Agreement is not a waiver of a breach of any other covenant or duty of LICENSEE, or any subsequent breach of tile same covenant or duty. Article 12. Eml2f I.!mn At the termination of this License by lapse of time Of otherwise, LICENSEE shall yield up and surrender immediate possession of the Demised Premises to BOARD, and upon failure to do so LICENSEE shall thereafter be considered a trespasser. This License shall not be construed as a waiver to BOARD of any right of re-entry as has been hereinbefore provided, nor shall the receipt of consideration in apparent affirmance of the license operate as a waiver of BOARD'S rights to declare ltbis Agreement terminated. The term hereby granted shall be at an end for the period remaining still unexpired by reason of any subsequent breach of any provision herein unclaimed. Article 13. ~ Notwithstanding any provisions to the contrary contained in this License, if defauh be made by LICENSEE in fultiJliog any of the covenants of this License, and SUGh default shall continue for a period of seven (7) days after written notice thereof from the BOARD to LICENSEE, provided that if the defiwlt complained of shall be of a nature that the same cannot be completely cured or remedied within a ten (10) day period, and if UCENSEE shall not have diligently commenced during such defirult within such ten (10) day period, and shall not thereafter with reasonable diligence and in good faitb proceed to remedy such defauh. .l I Agenda Item No. 16P1 0 June 23, 2009 Page 7 of 15 Article 14. Fees and ~ses If LICENSEE shall default in the observation or performance of any term under, or by virtue of. any of the terms or provisions in any Article of this License, the BOARD may immediately, or at any time thermfter, and without notice, perform any such obligation of LICENSEE hereunder. If the BOARD, in connection therewith or in coRnection with any default by LICENSEE makes any expenditures or incurs any obligation for the payment of money, including but limited to attorneys' fees, in instituting. prosecutiog or defending any action or proceeding, then such sums so paid or obligations incurred. along with interest and costs. shall be deemed an expense hereunder and shall be paid by LICENSEE to BOARD within three (3) days of rendition of any biD or statement to LICENSEE thereof If LICENSEE'S License term shall have expired at tbe time of making of such eKpenditures or incurring of such obligations, then such sums shall be recoverable by BOARD as damages. Article 1 S. Landlord Liens BOARD shall have a specific lien on all personal property of LICENSEE brought upon the Demised Premises, at any time. excluding the JDObile home and its contents. The lien sball be security for the payment of damages and the performance of any obligation of LICENSEE, which specific lien shall be in addition to any other "landlord's" lien as is now or may hereafter be provided for under the laws of the Stale of Florida. Any sucb lien may be foreclosed In equity in the same manner as a mongage lien. Anicle 16. Interruption of Service Interruption or failure of any utility service to the Demised Premises. if due to causes beyond BOARD'S control sball DOt constitute eviction unless BOARD shall fail to take such measures as may be reasonable in the circumstances to restore the service without undue delay. Article 17. Abandon~ If at any time during the term of this License, LICENSEE abandons the Demised Premises, BOARD may, at its option, reenter the Demised Premises, by any means, without being liable for any prosecution therefore, and without becoming liable to LICENSEE for damages or for any payment of any kind whatever. If the BOARD'S right to reentry il exercised following abandoornent of the Demised Premises by LICENSEE, then the BOARD may consider any personal property belonging to LICENSEE and left on the Demised Premises to also have been abandoned. in which case the BOARD may dispose of all such personal property in any manner BOARD shall deem proper and is hereby relieved for all liability for so doing. . Aniele 18. Ouiet El\ioyment BOARD covenants and agrees with LICENSEE that upon LICENSEE petforming all the terms, covenants and conditions, on LICENSEE'S part to be observed and performed, LICENSEE may peaceably and quietly enjoy the Demised Premises subject to the tenDS and conditions of this Agreement Article 19. Non-Employment Acknowledsement and Waiver It is hereby aclmowledged by the LICENSEE that he is not an employee of the Collier County Puks and Recreation Department and any duties imposed upon the LICENSEE by the terms of this License are solely in considaation for the Ucense. Any acts performed by the LICENSEE that are outside the terms of this License sba.II be considered voluntary in nature. The LICENSEE hereby waives any eligibility for Worbn' Compensation benefits from the BOARD and holds the BOARD harmless from any damages to LICENSEE for any acts that are outside of the provisions and terms of this License. Article 20. LICENSEE'S ImJJrovements LICENSEE shall have the right, subject to approval of BOARD, and County pennitting procedures and process. to install Of erect additional stn.K:tura1 and other improvements on the Demised Premises, or to alter, change or make other improvements on the Demised Premises; provided however, that improvements do not conflict with the current uae and future development of the Demised Premises and that aU such alterations or improvements sball be commenced only after 4 proper plans and specifications thereof have been submitted to and approved in writing by tbe BOARD and Collier County through the permitting process, and LICENSEE bas obtained in writing authorization to commence wort:. Agenda Item No. 16D10 June 23, 2009 Page 8 :f 15 Article 21. Waiver and Insurance LICENSEE agrees to hold bannless the BOARD and its officers, agents and employees from losses, damages, claims and causes of action arising solely as a resuh ofoegligence of LICENSEE. During the eRtire tenn of this License, LICENSEE shall obtain and pay for a Homeowner's Liability Insurance Policy with personal liability limits of at least $100,000. BOARD will be named, if possible, as an additional insured on this insurance policy. LICENSEE will provide proof to BOARD of this insurance within thirty (30) days of the execution of this License. Failure to comply with the provision win constitute breach of tbis License and will be grounds for termination of the License. In this event, the LICENSEE will vacate the Demised. Premises immediately after the BOARD has provided a seven (7) day notice to the LICENSEE stating that the License is terminated. Article 22. Government Inclusion It is further covenanted and agreed that BOARD reserves the rights to further develop and/or improve the existing Demised Premises and any additions thereto, as the BOARD may deem fit, without heeding the desires. views or objections of LICENSEE and without interference or hindrance. This License is and shall be subordinate to the provisions of any existing or future agreement between BOARD, Collier County and/or the United States of America, or any board, agency, or commission or any of them relative to the operations of maintenance of the Demised Premises, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds on the development of the Demised Premises or otherwise, and this License is and will probably always be subordinate to the license or permit of entry which may be gnuned by the Secretary of Defense of the United States. Article 23. Rules and Regulations LICENSEE shaJl observe and obey all rules and reguJations not conflicting with any provision and purpose of this License as may now exist or may be promulgated from time-to-time by BOARD. Article 24 Title to Improvements Title to all fixtures constructed or installed on the Demised Premises by, or on behalf of the LICENSEE, shall at all times during the term of this License remain the LICENSEE'S. Upon termination of this License, or early termination by any means, all improvements may become the property of the BOARD. lfthe BOARD does not want the improvements to become the property of the BOARD, the LICENSEE shaJl remove all such improvements within thirty (30) days upon receipt of notification from the BOARD and restore the ground to its original condition as of the commencement date of this License. The mobile home may be offered for sale to the BOARD at LiCENSEE'S option. The mobile home is not to be considered a fixture. Article 25. Surrender of Possession LICENSEE agrees to yield and deliver to BOARD full possession of the Demised Premises herein at the termination of this License, by expiration or otherwise, or of any renewal or extension hereof, in good conditioo in accordance with its express or implied obligations hereunder, except for ordinary wear and tear. LICENSEE shall have the right. within thirty (30) days after the termination hereof: to remove aU of the personal property OIl or about the Demised Premises, subject, however, to any lien which the BOARD may have thereon. Article 26. Inspection of Premises The BOARD or its duly authorized representatives, agents, and other persons for it, may enter upon said Demised Premises, excluding the mobile home, at any reasonable time to investigate whether or not LICENSEE is complying with all provisions of this License. or for any other purpose incidental to rights or interests of the BOARD or CoIIiCf' County. 5 Agenda Item No. 16 10 June 23, 009 Page 9 f 15 Article 27. Holding Over Should LICENSEE hold over after lawful tennination hereof. be shall be liable to the BOARD for all expenses of the eviction process including attorneys' fees. Article 28. No Liens LICENSEE shall pay for all labor done or materials and/or supplies furnished in the repair, replacement, development, or improvement of the Demised Premises by LICENSEE ~ on LICENSEE'S behalf, and shaJJ keep said Demised Premises, and all of LICENSEE'S interests therein, free and clear ofany lien or encumbrance of any kind whatsoever created by LICENSEE'S act(s) or omission(s). Article 29. HllZamous Substances No tangible property shall be kept within or on the Demised Premises or otherwise on the Demised Premises whicb are explosive or hazardous, and no trade, business or occupation shall be camed on therein or thereon. Article 30. Construction and Savin8s This License shall be construed in accordance with the laws of the State of Florida. If any provision contained in this License is held to be invalid by any court of competent jurisdiction or otherwise appears fO LICENSEE and BOARD to be invalid, such invalidity sball not affect the validity of any other covenant, condition, or provision herein contained; provided, however, that the invalidity of any such provision docs not materially prejudice either BOARD or UCENSEE in its respective rights and obligations contained in the remaining valid provisions of this License such shall not be unreasonably witbheld. Article 3 1. Land Radiation Emission Standards in accordance with Section 404.056(7), Florida Statutes, the following notification as it pertains to radon gas and the leasing ofbuiJding is hereby stated: RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and/or state guidelines have been found in some buildings in Florida. AdditionAl information regarding radon and radon testing may be obtained from the Collier County Public Health Department. Article 32. ~ All notices provided for this License shall be in writing. Any notice required to be served upon LICENSEE othertban by publication may be served upon it at: c/o Building J 3301 Tamiami Trail East Naples, FL 34112 Provided, however, that if LICENSEE lIhall give notice in writing to BOARD of any change in either or both of said addresses, then and in such event such notice, if written. shall be given to UCENSEE at one of the substituted addresses. Any notice permitted or required to be served upon BOARD may be served upon at: Collier County 3301 TamWuniTnrilEast Naples, FL 34112 Attention: Paries & Recreation Director 6 Agenda Item No. 16010 June 23, 2009 Page10of15 With copy to: Real Estate Services 3301 Tamiami Trail East Administration Building - 4th Floor Naples, FL 34112 Provided, however, that is BOARD shall give notice in writing to LICENSEE of any change in said address. then in such event such notice shall be given to BOARD at such substituted address. Any notice served by mail may be by registered mail, certified mail, or regu1ar mail. The LICENSEE has read the terms of this License, and bas had the opportunity to have the terms of this License defmed or Clq)lained, and has had the opportunity to retain legal counsel of his/her own choice ~ at his expcDlIC to review the terms of this License. ~ "- \ IN WITNESS THEREOF. the parties hereto have signed tbis lease this .;l -:::, day of I.. J La..' \.:--...l -_,2001. 1/ ATTEST: ". DWIoHr E BROCK. CLERK ~~)cJcfp~~>( b~ Deputy Clerk 4tttS1 1(' to ':1\"M1M t "; \:"1: r.~. '" " -&- r'\'--;:" BOARD OF COUNTY COMMISSIONERS, COLLIER COUNrY, FLORIDA By -4U ~ JAMES COLETTA . CHAIRMAN AS TO LICENSEE: .'" A~ c Z ~L_>_ '- -->-,._ c' ,-~:: ~ ' _..~ --~~ .~~-~'~'J ~. ~ "." ..~ Witness (Signature) /':"f)' ,~;lr.L->.t (__ .,,';. r i '-<=- (Print Name) /'" --------- L,i . -~~ ~ ,I - y:~~l(ii~~r~\ I!"~' <- /JJ' ',! l;/(L U (v' I flnm Name) Approved as to lann and legal suffiCiency: ~"'" ~,J~_ Thorn C. Palmer Assistant County Attorney 7 Agenda Item No.1 D10 June 23, 009 Page 11 f 15 Sugden Park - Exhibit 'A' Page 2 of2 ., Sugden Park - Exhibit 'A' Page 1 of2 Agenda Item No. 16010 June 23, 2009 Page12of15 Agenda Item No. 16D10 June 23, 2009 Page 13 of 15 COLLIER COUNTY GOVERNMENT DMSION OF SUPPORT SERVICES REAL ESTATE SERVICES 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 PHONE (239) 252-8743 FAX (239) 252-8876 May 13, 2009 Corporal J7 . c/o Collier County Sheriff's Office Building' J' 3301 East Tamami Trail Naples, Florida 34112 Sent via Certified Mail, Retwn Receipt Requested #7004 11600001 60986285 Re: Lease for Residence at Sugden Park Pursuant to your discussions with the Parks and Recreation Department, it is the County's understanding that you will be vacating the subject leased property by May 30, 2009. Pursuant to Article 12 and 25 of the Lease Agreement dated September 25,2007, you are required to remove all of your personal property, including the mobile home and any related improvements thereto, within thirty days from the date of termination, which shall be Jooe 29, 2009. Please keep in mind that the concrete mobile home pad is the property of the County and should remain. CoIiier County would like to take this opportunity to thank you for service to the County and in assisting in the success of Sugden Park. Please Teel free to contact me at 252-8743 with any questions concerning this matter. Sincerely, ~ ~ L~LA- X ~c.I~ Michael H. Dowling \J Senior Property Management Specialist Copy to: Barry Williams, Director, Parks and Recreation Department Scott Teach, Deputy Comty Attorney Toni Matt. Manger, Real Property Management Jeff Walker, Director, Risk Management IDepartment Personal Property Supervisor, Property Appraiser's Office WilliamsBarry Agenda Item No. 16010 June 23, 2009 Page 14 of 15 From: Sent: To: Cc: Subject: WilliamsBany Monday, June 08,200912:53 PM ColettaJim; CoyIeFred; fiala_d; HalasFrank; henning_t mudd~; ochs_l; ramsey-m Gene Meeks' location at Sudgen Park COIIIIIIissioners, Just to update you on recent correspondence you may have received from Gene Meeks, I wished to provide the following: · Mr. Meeks is a deputy sheriff with Collier County Sheriff's Office. He purchased a modular from another deputy, who was living at Sudgen Regional Park. Gene purchased the modular without the BOCC's consent about 3.5 years ago from this other deputy. We would have discouraged the sale as plans were being made at that time to build a structure to accommodate our popular sailing program. The building that we envisioned is nothing elaborate, just a place to get children out of the elements and to provide a space for teaching. Due to permitting issues, we needed to place the new construction on the foot print of where the modular sits. · The modular is owned by Mr. Meeks, but the land that the modular sits is county owned land within Sugden Park. Sugden is the only park in our inventory where we have this type of arrangement. The School Board has this arrangement with other deputy sheriff's, who use this as a temporary housing solution until they become acclimated to the area. · Parks entered into a lease agreement after Mr. Meeks made the purchase on a year to year basis and the agreement was approved by the BOCC. · I spoke to Gene last summer about our intent to build/locate a sailing structure on the site of his modular and also talked to him about possibly wanting to purchase if funding were not available for us to build. I told him we would not be doing anything for approximately a year. · It was discovered this past winter that adequate funding was available to build the sailing center due to favorable construction pricing. Real Estates Services gave him due notice per the lease and a letter was sent May 13, 2099 that he should vacate by June 29, 2999. · He had originally purchased this modular without an agreement from us or any discussion. Gene somehow secured financing for this arrangement, and wishes us to purchase in the context of us ending the lease agreement. · Gene indicated that he had a house lined up to purchase and recently indicated to me that his not being able to sell the modular has kept him from the purchase. His attorney notified us last week that the deal fell through because of an unpermitted pool that kept his mortgage company from securing the note. So it is unclear of what the reasons are for his not being able to purchase a home. · We have tried to assist him in relocating the modular with the school board and have spoken to Sheriff Rambosk about his predicament, but haven't been able to find a solution as of this date. 1 Agenda Item No. 16D1 0 June 23, 2009 . We can extend till August 15th to buy some more time for a solution a~~11of15 actively seek to help him find something that makes sense. We are not trying to put him on the street, but would like to begin construction in September. Let me know if you require further information. Barry 2