Agenda 04/12/2022 Item #16C 6 (Amendment #1 to Agreement w/David Lawrence Mental Health Center, Inc.)04/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to Vacant Land Contract that: 1) terminates and
releases the recorded Collier County Standard Form Long-Term Lease and Operating Agreement
between Collier County and David Lawrence Mental Health Center, Inc., and provides that the
Standard Form Lease be executed after closing on the real property, and 2) extends the deadline to
acquire entitlements and site development plan approvals and shifts such responsibility to the
County.
OBJECTIVE: To approve a First Amendment to Vacant Land Contract and a Termination and Release of
Collier County Standard Form Long-Term Lease and Operating Agreement dated June 22, 2021,
pertaining to David Lawrence Mental Health Center, Inc.
CONSIDERATIONS: On February 23, 2021 (Agenda Item 11.C.), the Board directed staff to negotiate
with the David Lawrence Mental Health Center, Inc. (“DLC”) a purchase and sale agreement for the
County to acquire a vacant five-acre parcel of land upon which it would construct a Collier County
Mental Health Facility (the “Facility”), along with a long-term lease and operating agreement under
which DLC would operate the Facility. On May 25, 2021 (Agenda Item 11. J), the Board approved an
agreement with the DLC to operate and lease the Facility to be constructed and approved a Collier County
Standard Form Long-Term Lease and Operating Agreement (the “Lease”) for the land where the Facility
will be constructed.
On June 2, 2021, the Parties recorded the Lease, in Collier County, Florida’s Official Records at Book
5957, Page 2110. Because the Parties did not intend the Lease to become effective until after the closing
on the real property, staff is attaching for the Board’s approval a proposed Termination and Release of
Collier County Standard Form Long-Term Lease and Operating Agreement, which terminates the Lease
as a matter of the public record, and releases and forever discharges the real property from the Lease. The
Parties agree that the Lease was recorded in error and that they will execute and record the agreed upon
form Lease reflecting the correct effective date contemporaneously with the Closing and conveyance of
the Property. The proposed replacement Collier County Standard Form Long-Term Lease and Operating
Agreement is substantially identical to the Lease the Board approved on May 25, 2021.
The attached proposed First Amendment to Vacant Land Contract has been revised to state that the Buyer
(and not the Seller) shall obtain non-appealable entitlement and site development plan approval necessary
to permit use and development of the Property and extends the time allowable to obtain the non-
appealable entitlement and site development plan approval necessary to permit the use and development
of the property from twelve months to twenty-four months.
FISCAL IMPACT: $25,000,000 is available in the Infrastructure Sales Surtax Capital Fund (318) for
design and construction of the mental health facility. The cost of establishing land entitlements is
estimated to be $90,000 and will be borne by the County through the surtax funded Mental Health
Facility Project budget. DLC will pay the County the sum of $1 annually for use of the facility during the
initial lease term. The value of the five-acre parcel being donated was appraised at $340,000 in 2019, and
$430,000 in 2018, according to documents supplied by DLC. The recording cost of the Termination and
Release of Collier County Standard Form Long-Term Lease and Operating Agreement will not exceed
$50.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
adoption of the strategic plan.
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LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: That the Board approves a First Amendment to Vacant Land Contract that: 1)
terminates and releases the recorded Collier County Standard Form Long-Term Lease and Operating
Agreement between Collier County and David Lawrence Mental Health Center, Inc., and provides that
the Standard Form Lease be executed after closing on the real property, and 2) extends the deadline to
acquire entitlements and site development plan approvals and shifts such responsibility to the County,
and authorize the Chairman to sign the attached documents.
Prepared by: Sonja Stephenson, Senior Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. First Amendment to Vacant Land Contract (PDF)
2. Termination and Release of Collier County Standard Form Long-Term Lease and Operating
Agreement (PDF)
3. Vacant Land Contract (PDF)
4. Recorded Collier County Standard Form Long-Term Lease and Operating Agreement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 21759
Item Summary: Recommendation to approve a First Amendment to Vacant Land Contract that:
1) terminates and releases the recorded Collier County Standard Form Long-Term Lease and Operating
Agreement between Collier County and David Lawrence Mental Health Center, Inc., and provides that
the Standard Form Lease be executed after closing on the real property, and 2) extends the deadline to
acquire entitlements and site development plan approvals and shifts such responsibility to the County.
Meeting Date: 04/12/2022
Prepared by:
Title: Property Acquisition Specialist – Facilities Management
Name: Sonja Stephenson
03/24/2022 11:32 AM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
03/24/2022 11:32 AM
Approved By:
Review:
Facilities Management Claudia Roncoroni Additional Reviewer Completed 03/24/2022 1:25 PM
Facilities Management Ayoub Al-bahou Additional Reviewer Completed 03/24/2022 1:37 PM
Facilities Management Ed Finn Director - Facilities Completed 03/24/2022 7:37 PM
Facilities Management Jennifer Belpedio Additional Reviewer Completed 03/28/2022 10:01 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/28/2022 3:08 PM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/28/2022 3:14 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/29/2022 4:05 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/30/2022 8:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2022 8:56 AM
Facilities Management Ed Finn Additional Reviewer Completed 03/30/2022 7:07 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/03/2022 11:21 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/06/2022 12:39 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
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Packet Pg. 1191 Attachment: First Amendment to Vacant Land Contract (21759 : David Lawrence Center)
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Packet Pg. 1212 Attachment: Termination and Release of Collier County Standard Form Long-Term Lease and Operating Agreement (21759 : David Lawrence
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