Agenda 01/29/2008 Item #16D21
Agenda Item No. 16021
January 29, 2008
Page 1 of 15
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EXECUTIVE SUMMARY
Recommendation to approve an lnterlocal Agreement with the District School
Board of Collier County for leasing approximately three (3) acres of land adjacent
to Elementary School K and approve a budget amendment for $400,000 from Parks
and Recreation Fee Fund (346) for Project #8009II
Obiective: To maximize the service of public facilities through joint use partnerships
and to provide recreational facilities for both general public and public school use.
Considerations: The Board of County Commissioners through the Parks and
Recreation Department works collaboratively with the Collier COW1ty School Board to
provide recreational opportunities for both public school students and the general public
in order to maintain efficiency and save costs.
Elementary School K is being designed and built to accommodate both public school
children and general public for their recreation needs and is located on Westclox Street in
lmmokalee (see Attachment). Public use is primarily for after school hours, weekends
and holidays. The funds requested will be used to erect sports lighting in order to
maximize utilization of the green space identified.
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The Collier COW1ty School Board agrees to lease to the County and the COW1ty agrees to
lease from the School Board leased premises for a term often (10) years. This lease may
be extended or renegotiated at the expiration of the lease provided the School Board does
not need the leased premises for educational uses and/or programs.
The School District shall not charge any fees to the County for the use of the leased
premises. The COW1ty shall reimburse the School District for the electricity costs. The
COW1ty shall be responsible for the repairs and maintenance of the facility.
Leaal Consideration: The proposed lnterlocal Agreement was reviewed by the Office
of the CoW1ty Attorney and approved for legal sufficiency--RZ
Fiscal Impact: A budget amendment is needed to move $400,000 out of Park5 and
Recreation Impact Fee Fund (346) reserves and into the Elementary School K Project
#800911.
Growth Manaaement Impact: Joint use of governmental facilities and lands for
recreational and open space is a goal outlined in the Growth Management Plan which was
an approved project in the FY 2007 AU1R.
Recommendation: That the Board of County Commissioners approve and authorize
Chairman to sign an interlocal agreement with The School District of Collier County and
approve the necessary budget amendment.
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Submitted by: Barry Williams, Director, Parks and Recreation
Page 1 of 1
Agenda Item No. 16021
January 29, 2008
Page 2 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16021
Meeting Date:
Recommendation to approve an Interlocal Agreement with the District School Board of Collier
County for leasing approximately three (3) acres of land adjacent to Elementary School K
and approve a budget amendment for $400,000 from Parks and Recreation Fee Fund (346)
for Project #800911
1/29/2008900:00 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/16/20083:40 PM
Approved By
Barry Williams
Director
Date
Public Services
Parks and Recreation
1/16/20085;15 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
1/21/20089:13 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1122/2008 9;44 AM
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Agenda Item No. 16021
January 29, 2008
Page 4 of 15
LEASE AGREEMENT
(Elementary School K)
This Lease Agreement ("Agreement"), entered into this _ day of
, 2008, by
and between Collier County, a political subdivision of the State of Florida, ("County") and the
School District of Collier County, Florida (the "District"), together the "Parties". For good and
valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree and
contract as follows:
SECTION I - LEASED PREMISES.
1.01 The District shall lease to the County certain real property owned by the District and located
adjacent to Elementary School K in hnmokalee, Florida, consisting of approximately 5.5
acres and more particularly described on Exhibit "A" ("Leased Premises").
SECTION IT - TERM
2.01 The Distri~t agree5 to lease to the County and the County agrees to lease from District the
Leased Premises for a tenu of ten (10) years from the date of execution of this Agreement
by the District. The Parties recognize that they are providing needed publi~ park facilities
under the tenus of this Agreement and that they may desire to extend or renegotiate this
lease at its expiration, provided that the District does not need the Leased Premises for
educational uses and! or programs.
SECTION III - CONSIDERATION.
3.01 The District shall not charge any fees to County for the use of the Leased Premises except
for the cost of electricity arising from the County's use.
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Agenda Item No. 16021
January 29, 2008
Page 5 of 15
SECTION ]V - REPAIRS AND MAINTENANCE
4.01 The County shall be responsible for repairs and maintenance of all improvements and
facilities located on the Leased Premises with the exception of bathrooms, sidewalks and
basketball/tennis COluis. Maintenance of the Leased Premises shall include, but not be
limited to, mowing, fertilizing, irrigating and turf repair and such maintenance shall be
scheduled in coordination with the Principal or designee. The District shall maintain and
repair the bathrooms, but the COIll1ty shall clean-up the bathrooms after its uses. The
District and the County shall jointly maintain and repair (which shall include, but not be
limited to, the replacement of nets) the basketball/tennis courts and the irrigation well and
pump. All repair and maintenance shall be in accordance with County Park standards andlor
District, County, State ilnd Federal legally required standards as appropriate and applicable.
4.02 The County shall have the right to replace or remove improvements and facilities on the
Leased Premises, provided that the District approves the replacement or removal in writing
and receives at least three (3) months notice of such a change. The County agrees to restore
the Leased Premises in the event of any such removal. The District's approval shall not be
unreasonably withheld with respect to any requests made by the County to replace or
remove the improvements or facilities located on the Leased Premises,
SECTION V - USE.
5.01 The District shall have priority use of all fields and facilities on Leased Premises during
regular school hours including, but not limited to, District after school programs, for special
school-related events or programs at times other than regular school hours, provided that
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Agenda Item No. 16021
January 29, 2008
Page 6 of 15
such special events are scheduled in writing at least thirty (30) days in advance with the
Collier County Parks and Recreation Director or designee. The County shall have the right
to use the fields and facilities on the Leased Premises after regular school hours, and other
school programs and events, Monday through Friday until 10:00 p.m. and on weekends,
Saturday and Sunday and also days when school is not in session (e.g. holidays and summer
vacation) from the hours of 6:00 a.m. until 10:00 p.m. Use is restricted to recreationll]
activities as scheduled by the County which may include youth sports activities. The
County is responsible for providing any and all sports equipment and other equipment
required by after-hour users. The County is responsible for locking/unlocking gates,
bathrooms and other facilities at times when school staff is not scheduled for duty.
SECTION VI- SUPERVISION.
6.01 The County and the District shall each provide adequate personnel to supervise (and clean-
up after) the use of the facilities, including bathrooms, during their respective times of use of
the Leased Premises in a manner that promotes community health, public safety and proper
care and preservation of the public facilities.
SECTION VII - CAPITAL IMPROVEMENTS.
7.01 The County may construct capital improvements and install additional equipment to
improve the existing fields and facilities on the Leased Premises provided that such
improvements or additions are not in conflict with school use and are approved by the
District in writing and in accordance with the terms ofthis Agreement. The County shall be
solely responsible for any and all costs associated with such improvements or additions.
3
Agenda Item No. 16021
January 29, 2008
Page 7 of 15
The District shall have the right to review and approve, prior to construction, the planS,
specifications and location for the placement of all equipment, facilities, and capital
improvements upon the Leased Premises and such approval shall not unreasonably be
withheld.
7.02 Specifically, the County shall have the option of improving the Leased Premises with
lighting including, but not limited to, a transformer and separate meter to measure electricity
use (the "Project"). The County shall be responsible for designing, managing and funding
the construction of the Project. In accordance with the terms of this Agreement, the District
grants unto the County a temporary construction easement, including the right of entry, upon
the Leased Premises (and other District owned lands, as necessary) for the purpose of
performing the required activities to construct the Project. In exercising the temporary
constIUction easement, the County shall: minimize any and all disruptions of public school
operations to the extent reasonably possible; coordinate construction times with the District
project manager and/or the Principal; comply with all applicable laws and regulations; and
use diligent efforts to complete the Project in a timely manner. The temporary construction
easement shall automatically terminate upon the completion of the Project In the event that
the District agrees to implement the Project (or any component part thereof), the District (1)
shall obtain approval for such work from the County and (2) shall be fully reimbursed by the
County for any and all costs associated with same.
4
Agenda Item No. 16021
January 29, 2008
Page 8 of 15
SECTION VIIl- FENCING AND GATES.
8.0 I The District shall have sole discretion over the control, operation and location of all fences
and gates located on the Leased Premises. The County shall be given access through all
gates necessary to use the Leased Premises in accordance with the terms of the Agreement.
SECTION IX - SCHOOL ADDITIONS & PORT ABLE CLASSROOMS.
9.01 The County acknowledges and agrees that the District shall have the right to build additions
and/or install portable classrooms or make other improvements and modifications on the
Leased Premises for school-related purposes. In the event that the District elects to make
such improvements, installations andJor modifications, the District shall notify the County
with at least ninety (90) days written notice and shall make reasonable efforts not to
adversely impact ( ot terminate) the County's use of the Leased Premises.
SECTION X - INDEMNIFICATION.
10.oJ To the extent provided by law, each Party agrees to hold harmless, indemnify and defend the
other Party including its agents, officers, directors and employees for any and aU claims,
losses, penalties, demands, judgments, costs of suits, including attorney's fees, for any
expense, damage or liability incurred, whether for personal injury, property damage, direct
or consequential damages, or economic loss arising directly or indirectly arising from or in
connection with the use of the Leased Premises under the terms of this Agreement, except
for such damage or liability which is caused solely by the negligence of the other Party. This
5
Agenda Item No. 16021
January 29, 2008
Page 9 of 15
indemnification shall not be deemed a waiver of any limitation of liability to which either
Party may be entitled under Florida StaMes.
10.02 The County and the District shall maintain insurance coverage in the minimum amounts and
types as required under State law. The County and the District agree that either party may
be self-insured on the condition that all self-insurance(s) must comply with all State laws
and regulations.
SECTION XI - TERMINATION.
11.01 The District or the County may, at any time, and for any reason, terminate this Agreement
upon ninety (90) days written notice to the other Party.
11.02 In the event the Agreement is terminated, the County shall have the right to remove any and
all structures, improvements and equipment that it has constructed or installed upon the
Leased Premises upon forty-five (45) days of written notice to the District. The County
agrees to restore the Leased Premises to its prior condition in the event of any such removal.
With respect to those capital improvements upon the Leased Premises that were paid for
solely by the County and are permanent and not removable, the District shall reimburse the
County for such improvements in accordance with their remaining depreciated value. The
reimbursement shall be made during the next budget year and shall be in the form of actual
cost of said capital improvements depreciated by ten percent (10%) per year from the date of
construction; however, no reimbursement payments shall be required of the District after the
improvements have been in use for twenty (20) years or more.
6
Agenda Item No. 16021
January 29, 2008
Page 10 of 15
SECTION XII - ARBITRATION.
12.01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, a9 applicable. Should the problem not be resolved to
the mutual satisfaction of any Party, it shall be submitted at the request of either Party to
non-bJndingarbitration in front of a. three person panel according to the rules of the
American Arbitration Association.
SECTION XIII - ASSIGNABILITY.
13.01 The Parties shall not assign any interest in this Agreement without the prior written consent
of the other.
SECTION XIV - AMENDMENT.
14.01 1bis Agreement embodies the entire Agreement between the Parties and may not be
modified unless in writing, executed by both Parties.
SECTION XV - CHOICE OF LAW.
15.01 This Agreement shall be interpreted in accordance with the laws of the State of Florida. It is
recognized that all Parties hereto have contributed substantially and materially io the
negotiations and preparation of this Agreement, and that the Agreement shall not be
interpreted more harshly against one party by virtue of its preparation.
SECTION XVI - SEVERABILITY.
16.01 In the event that any provision of this Agreement is held to be illegal, invalid or
7
Agenda Item No. 16021
January 29, 2008
Page 11 of 15
unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had
never compromised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
SECTION XVII - EFFECTIVE DATE.
17.01 The Effective Date of this Agreement shall be the date that the last signature as set forth
below. However, the term for the Leased Premises shall begin to run from the date that the
District signs tlili> Agreement
SECTION XVIII - PAYMENT
18.01 Payments will be made upon receipt of a proper invoice and in compliance with Section
218.70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act."
SECTION XIX- MISCELANEOUS
19.01 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the District and the County.
19.02 The prevailing party in any action, or in any ancillary proceeding or an appeal, to enforce or
interpret any of the terms or provisions of this Agreement shall be entitled, in addition to
damages, injunctive relief or other relief, to recover from the other party all costs including,
without limitation, costs and expenses of litigation and reasonable attorneys' fees.
19.03 The captions and section numbers used in this Agreement are for purposes of convenience
and for reference only and shall not be used to define, limit or extend the scope or meaning
of any part of this Agreement.
8
Agenda Item No. 16021
January 29, 2008
Page 12 of 15
19.04 Whenever in this Agreement a party is or may be called upon to give its consent or approval
to any action, said consent shall not be unreasonably withheld or delayed.
19.05 The Parties hereto agree to promptly sign all documents reasonably required to give effect to
the provisions ofthis Agreement.
19.06 This Agreement shall be construed and enforced in accordance with the laws of the State of
Florida
19.07 Any alteration, change or modification of or to tllis Agreement, in order to become effective,
shall be made in writing and in each instance signed on behalf of each Party.
19.08 Nothing contained in this Agreement shall be deemed or construed, either by the Parties
hereto or by any third party, to create the relationship of principal and agent, or create any
partnership, joint venture or other association between the Parties.
19.09 In the event of default by a party hereto in its respective obligations hereunder, the non-
defaulting party shall have all remedies available to it at law or in equity.
19.10 In the event any provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws, such provision shall be fully severable; this Agreement shall be
construed and enforced as if such illegal or unenforceable provision had never comprised a
part of this Agreement, and the remaining provisions of this Agreement shall remain in full
force and effect.
19.11 Each party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
9
Agenda Item No. 16021
January 29, 2008
Page 13 of 15
SECTION XX-NOTICE.
20.01 Any notice required to be made under this Agreement shall be made in writing and either
hand delivered or delivered by overnight courier or facsimile transmission, or sent by
registered or certified mail, return receipt requested, and addressed to the following: School
District of Collier County, c/o Chief Operational Officer, 5775 Osceola Trail, Naples,
Florida 34109; Collier County, c/o County Manager, 3301 East Tamiami Trail,
Administrative Bnilding, Naples, Florida, 34112.
SECTION XXI . BINDING ON THE P ARTlES.
2).01 Each Party hereby represents and warrants to the other that the execution of this Agre<lIIlent
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
10
Agenda Item No. 16021
January 29, 2008
Page 14 of 15
IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written.
ATIEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
nn an~ciency:
Attest:
DENNIS L. THOMPSON, Superintendent
School Board Attorney Approval:
By:
Richard W. Withers
Date:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
llH g:JL.r::rrl.,_c;",~
Tom Henning, Chairman
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA
By:
LINDA ABBOTT, Chair
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