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Agenda 01/29/2008 Item #16D22 Agenda Item No. 16022 January 29, 2008 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement with the District School Board of Collier County for leasing approximately three acres (3) of land adjacent to Elementary School J and approve necessary bndget amendment of $400,000 from Parks and Rccreation Impact Fee Fund (346) for Project #800901 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 County 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 J is being designed and built to accommodate both public school children and general public for their recreation needs and is located on Everglades Boulevard (see Attachment). Public use is primarily for after school hours, weekends and holidays. The funds requested will be used to erect spOltS lighting in order to maximize utilization of the green space identificd. ~- The Collier County School Board agrees to lease to the County and the County agrees to lease from the School Board the 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 County shall reimburse the School District for the electricity costs. The County shall be responsible for the repairs and maintenance of the facility. Leaal Consideration: The proposed lnterlocal Agreement was reviewed by the Office of the County Attorney and approved for legal sufficiency--RZ Fiscal Impact: A budget amendment is needed to move $400,000 out of Parks Capital Impact Fee Fund (346) Reserves and into the Elementary School J Project #800901. 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 whereby the County will make improvements to this facility. .~ Submitted by: Barry Williams, Director, Parks and Recreation Agenda Item No. 16022 January 29, 2008 Page 2 of 16 Page I of I Agenda Item No. 16022 January 29, 2008 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16022 Meeting Date: Recommendation to approve an Interlocal Agreement with the District School Board of Collier County for leasing approximately three acres (3) of land adjacent to Elementary School J and approve necessary budget amendment of $400.000 from Parks and Recreation Impact Fee Fund (346) for Project #800901 1/29/200890000 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/16/20082;48 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 1/16/20085;11 PM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 1/21/20089;10 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/22/20089;38 AM file'//r,\A oenn"Te,t\Fxnort\99-I"nmrv%?0?9%?O?OOR\ 1 Ii %?Ol'ONSFNT%?OAGFNf)A \.. 10,OOOR FUTURE SCHOOLS LOCATION MA~~ COLLIER COUNTY PUBLIC SCHOOLS ~ i'l /~:::~~~I------ lV mE:t IS . i~ CORK.5'c..ww~ :ii1 ."i~~-~~MOKALE ,:' --R~. V" ________1 ~TYRD_ !{/,IUJ:~,~ij\Ti:r'l-""" -I' , :'i"~ j ~ .....___________:J'..... .. ,"'" f' ---I IMMOKIlUEROAD (------_.~'~~----_. ? \ 1\ I B \. .S '.. ~ .i~r- --> ~- :I"EME';"~Y I~ .~"."l. ~I"':V. 8' ~ I - . : SCH~k "R" "::=i~- .._..m._ 'r~- \ lj'-~ ",r ,', 1::\1 NORTH :~~~J;::-~\\l' " -i-_.QfL~~q4li-;_:1 ~ f q~!'!''''''T'~~ 1__..-..l--_RA^T""''''j . '1 ~ ii 'r'i--" ~.,!I '''''....NE I' I'" g I', ELE..,EN1AR.Y . ~ .......-. 1 \\ . SUlIXll",' ....._ \ S' '0' : ~ __"N~:(~"<"..r2"--1 =- - EAST;NORTH ~! ~ '<i \ , ~ I (;OWENtJAfEeOOav..vm --,- - - -- - ---'~r J-~-,---~P<N,JlOOE=l'mi"'B_"RD __,I ~! ;:1 )1' I~~CE;T~~I L gfV:1 ~ E~2i1~gr1:~' ; I. . :. 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J i; ~;:;~ l~E!i?r~ ! ~~EM.E~~TAE..,(__:'S" ___j~Jf.~Fp;~tt-_l,,~(7J___ W.RCO,\ ELEMENTARY''T'' ,URBAN.ESTATES (121. }~~"';"'ir~/ " -~t~~~~~;-~~-;.~~~r~~~t~~*~~~lZL-- ;~t,>" ~,t _~~gM.!=t>JJARY_':J~: --'cq~~c-:REI!'J_i~i______ i;{ ELEMENTARY"l" 'URBAN ESTATES 12 "';";' -ELE~Et-.JT~_R_'(_"f'." ,.___--JBQ'(?-_L F,6,~~_~_l_M__(7t ~JQg~_ "_GG" __ _~~LlRIl.L _~S.I_,o,.IES (8) ,____ HI~H "HHf-f' , ICORKSCREW L9) "'THD - TO BE DETERMINED INDICATES SCHOOL SITE IS NOT IN mE CAPITAI~ IMPROVEMF:N-TPLAN:-2007-=2027 - r- L,,"""uNO' i' -..--.-, -cou..Ii-o.cou;m:'~ . - ~ Ii l,l r-Tffim I SCHOOL "GGG" L. :1111 ;.m;s';A';,~';;;{~WGAroR~--'-'."~"'" - T' ~--;:-) . \~--';J:,-- - Ii 22 08 16 N.U AVA MARIA ELEMENTARY SCHOOL ~Q" 2012 MIDDLE SCHOOL "II" 2(]24 PLANNING CO"'MUNI"fI~S COlllERCOUNrv HORIDA ........._..'-1 .- .~.."~ --~-~ I, t I - I ----~ APPROXIMATE YEAR -~--"--"--2012---"-"- 20?~ ~022 -- "'2024-- '--2oi~-- 2023 -20~--=-=-- ---- 2q~1_ 2q,1~___ ~ _20!,9_ April 2001 Agenda Item No. 16022 January 29, 2008 Page 5 of 16 LEASE AGREEMENT (Elementary School J) Thi8 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. 1.0 I TIle District shall lease to the County certain real property owned by the District and located adjacent to Elementary School J in Naples, Florida, consisting of approximately 3 acres and more particularly described on Exhibit "A" ("Leased Premises"). SECTION II - TERM 2.01 The District agrees to lease to the County and the County agrees to lease from District the Leased Premises for a term of ten (10) years from the date of execution of this Agreement by the District. The Parties recognize that they are providing needed public park facilities under the terms 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 IIl- 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. Agenda Item No. 16022 January 29, 2008 Page 6 of 16 SECTION IV - REPAIRS AND MAINTENANCE 4.01 The County shall be responsible for repairs and maintenance of all improvements and fucilities located on the Leased Premises with the exception of bathrooms, sidewalks and basketball/tennis courts. 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 willi the Principal or designee. The District shall maintain and repair the bathrooms, but the County shall c1ean"up the bathrooms after its uses. The District and the COUIlty shall jointly maintain and repair (which shall include, but not be limi,ted 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 and/or District, County, State and Fed.erallegally required standards as appropriate and applicable. 4,02 The County sha1l have the right to replace or remove improvements and facilities on the Leased Pr(:mises,' 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 2 Agenda Item No. 16022 January 29.2008 Page 7 of 16 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 recreational 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 of this Agreement. The County shall be solely responsible for any and all costs associated with such improvements or additions. 3 Agenda Item No. 16022 January 29, 2008 Page 8 of 16 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 slich 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 pUTpose of performing the required activities to construct the Project. In exercising the temporary construction 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 (I) shall obtain approval for such work from the County and (2) Shall be fully reimbUISed by the County for any and all costs associated with same. 4 Agenda Item No. 16022 January 29. 2008 Page 9 of 16 SECTION VITI - FENCING AND GATES. 8.01 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 snchimprovements, installations and/or modifications, the District shall notifY the County with at least ninety (90) days written notice and shall make reasonable efforts not to adversely impact (or terminate) the County's use of the Leased Premises. SECTION X - INDEMNIFICATION. 10.01 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 all 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. 16022 January 29, 2008 Page 10 of 16 indemnification shall not be deemed a waiver of any limitation of liability to which either party may be entitled under Florida Statutes. 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-irumrance(s) must comply with all State laws and regulations. SECTION XI - TERMINATION. 11.01 The District or the Co\mty may, at any time, and for any reason, terminate this Agreement upon ninety (90) days written notice to the other Party. I I .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 (1 O"~) 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. 16022 January 29, 2008 Page 11 of 16 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, as 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-binding arbitration in front of a three person panel according to the rules of the American Arbitration Association. SECTION XIII - ASSIGNABILITY. 13.0! The Parties shall not assign any interest in this Agreement without the prior written consent of the other. SECTION XlV . AMENDMENT. 14.01 This 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 to 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 XVl- SEVERABILITY. 16.01 In the event that any provision of this Agreement is held to be illegal, invalid or 7 Agenda Item No. 16022 January 29, 2008 Page 12 of 16 unenforceable \ll1der 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 tetm for the Leased Premises shall begin to run from the date that the District signs this Agreement SECTION XVIII - PAYMENT 18.01 Payments will be made upon receipt of a proper invoice and in compliance with Section 218.70, F1a. Stat., otherwise known as the "Florida Prompt Payment Act." SECTION XIX- M1SCELANEOUS 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, orin any ancillary proceeding or an appeal, to enforce or interpret any of the tetms 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. 16022 January 29,2008 Page 13 of 16 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 of this Agreement. 19.06 This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 19.07 Arty alteration, change or modification of or to this 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 Greate any partnership, joint venture or other assoGiation 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 unenfotceable 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 dOGuments required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in aCGordanGe with their tenns. 9 Agenda Item No. 16022 January 29, 2008 Page 14 of 16 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, r~turn 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 Building, Naples, Florida, 34112. SECTION XXI - BINDING ON THE PARTIES. 21.01 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. 10 Agenda Item No. 16022 January 29, 2008 Page 15 of 16 IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk form and legal sufficiency: ~ Attest: DENNIS L. THOMPSON, Superintendent School Board Attorney Approval: By: Richard W. Withers Date: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: [Hit COUTL",--" ChtHflHaB t om Henning-;-Chairman- THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA By: LINDA ABBOTT, Chair 11 Agenda Item No. 16022 January 29, 2008 Page 16 of 16 ~ e . CHAlNLlNK FENcE & FUTIJRl! 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