Agenda 02/12/2008 Item #16D23
Agenda Item No. 16023
February 12, 2008
Page 1 of4
EXECUTIVE SUMMARY
Recommendation to approve a proposed lease modification between the Board of
County Commissioners and the Children's Museum of Naples, Inc.
Obiective: To provide additional educational and recreational experience opportunities
at North Collier Regional Park through a public/private partnership.
Considerations: The Children's Museum of Naples, Inc. is a private, non-profit
institution founded May 2002 with the mission of providing an environment in which
children and their families play and learn together. The Children's Museum of Naples,
Inc. has established a partnership with the Collier County Board of County
Commissioners in which the museum leases two acres, located at North Collier Regional
Park for $10 annually and will construct a 20,000-square-foot building. The Children's
Museum of Naples, Inc has agreed to maintain the building once constructed and provide
funding for infrastructure costs associated with the two-acre site.
The Children's Museum of Naples, Inc. has requested an extension for the completion of
construction from December 2008 to December 31, 20 I 0 to allow for additional fund
raising to occur for the construction costs.
The Parks and Recreation Advisory Board unanimously approved this partnership in
concept on September 17,2003,
Lel!31 Consideration: The proposed lease modification agreement was reviewed by
the Office of the County Attorney and approved for legal sufficiency.
Fiscal Impact: No fiscal impact is associated with this action.
Growth Manaaement Impact: No growth management impact is associated with this
action.
Recommendation: That the Board of County Commissioners approve the proposed
lease modification for the Children's Museum of Naples Inc,
Submitted bY: I10nka E. Washburn, Operations Manager, Parks and Recreation
Department.
Agenda Item No. 16023
February 12, 2008
Page 2 of4
LEASE MODIFICATION AGREEMENT
THIS LEASE MODIFICATION AGREEMENT ("Lease Modification") is made as of
February _, 2008 ("Effective Date"), by and between COLLIER COUNTY, a political
subdivision of the State of Florida ("Lessor"), whose address is 3301 East Tamiami Trail, Naples,
Florida 34112, and the CHILDREN'S MUSEUM OF NAPLES, INe. ("Lessee"), whose mailing
address is P.O. Box 2423, Naples, Florida 34106, to modify that certain Lease Agreement dated
December 16, 2003 ("Lease") between Lessor and Lessee, for the premises described therein
("Demised Premises").
NOW THEREFORE, in consideration ofthe mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which are acknowledged by the
Lessor and Lessee, Lessor and Lessee agree to modify the Lease as follows:
1. Article 2, Paragraph (C) is deleted in its entirety and replaced with the following:
Lessee agrees to complete the proposed Facility on or before
December 31, 2010. Lessee shall be responsible for providing Lessor with a
copy of the Certificate of Occupancy issued by Collier County for the
Facility.
2. Article 2, Paragraph (D) is deleted in its entirety and replaced with the following:
If a Certificate of Occupancy for the Facility has not been
issued on or before December 31, 2010, then Lessor shall have the
option, upon sixty (60) days' written notice to Lessee, to terminate the
Lease at any time after December 31, 2010, but before a Certificate of
Occupancy for the Facility is issued. If Lessor exercises its right to
terminate under this paragraph, then Lessor can take possession of the
improvements on the Demised Premises without compensating
Lessee in any way. Upon issuance of a Certificate of Occupancy,
Lessor shall have no further right to terminate the Lease for
nonperformance of the required construction.
3. Lessor acknowledges payment in full of the amount due under Article 4(A).
4. Lessor acknowledges receipt and approval of the construction plans and related
improvements for the Facility as required by Article 5, Paragraph (2).
5. Article 5, Paragraph 3, is deleted in its entirety.
The terms of this Lease Modification Agreement form a part of the Lease and shall control
and take precedence over any and all terms, provisions and conditions of the Lease which might
vary, contradict or otherwise be inconsistent with the terms and conditions hereof. All of the other
Lease Modification Agreement
Page 1 00
Agenda Item No. 16023
February 12. 2008
Page 3 of 4
terms, provisions and conditions of the Lease, except as expressly amended and modified by this
Lease Modification, shall remain unchanged and are hereby ratified and confirmed and shall remain
in full force and effect.
This Lease Modification may be executed simultaneously in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures by facsimile transmission of this Lease Modification shall be acceptable and
binding upon both parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as
of the Effective Date.
AS TO LESSEE:
WITNESSES:
CHILDREN'S MUSEUM OF NAPLES, INC.
a Florida non-pro !'POration
<
FIRST WITNESS
(signature)
By:
(print/type name)
SECOND WITNESS
(signature)
(print/type name)
AS TO LESSOR:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRIDA
DWIGHT E. BROCK, Clerk
By:
By:
Deputy Clerk
Jim ~6Ie~,J:;IlfI,!~'fflfIIL
Tom Henning, Chairman
Approved as to form and legal sufficiency:
~r~
("'Tho C. P er
Assistant County Attorney
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Laue ModiflCBtion Agreement
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Page I of I
Agenda Item No. 16023
February 12,2008
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D23
Meeting Date:
Recommendation to approve a proposed lease modification between the Board of County
Commissioners and the Childrens Museum of Naples, Inc.
2/12/2008 9:00:00 AM
Prepared By
Ilonka Washburn Parks Operations Manager Date
Public Services Parks and Recreation 112512008 8:48:07 AM
Approved By
Barry Williams Director Date
Public Services Parks and Recreation 11291200812:01 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 1129120082:23 PM
Approved By
OMB Coordinator Applications Analyst Date
Administrative Services Information Technology 1130120089:19 AM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 214120083:26 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 2/512008 8:08 PM
Commissioners
file://C:\AgendaTest\Export\1 00-February%20 12,%202008\ 16.%20CONSENT%20AGEND... 2/6/2008