Agenda 12/10/2024 Item #11B (Approve a Naming Rights Agreement with the David Lawrence Mental Health Center, Inc., (Companion to Item 11A))12/10/2024
Item # 11.B
ID# 2024-1071
Executive Summary
*** This item is to be heard no sooner than 1 PM. *** Recommendation to approve a Naming Rights Agreement with
the David Lawrence Mental Health Center, Inc., relative to the Collier County Behavioral Health Center to generate
donations to be restricted specifically for use within the Behavioral Health Center. (Companion to item 11A)
OBJECTIVE: To approve a revised Naming Rights Agreement with the David Lawrence Mental Health Center, Inc.
(“David Lawrence”) for the Collier County Behavioral Health Center (“Behavioral Health Center”).
CONSIDERATIONS: On February 26, 2021, the Collier County Board of County Commissioners (“Board”) directed
staff to pursue acquisition of a vacant five-acre parcel of land held by the David Lawrence Center (DLC) in order to
construct a Behavioral Health Center. Staff subsequently entered into negotiations with DLC for the purchase of the land
and for a lease and operating agreement of the Behavioral Health Center.
On May 25, 2021, the Board approved a Vacant Land Contract with DLC for the County to acquire the vacant five-acre
parcel of land upon which it would construct the Collier County Behavioral Health Center (the “Facility”), along with a
Long-Term Lease and Operating Agreement (“Lease”), under which DLC would lease back the land from the County
and operate the Facility. Closing for the property, which shall include the transfer of land to the County and leaseback to
DLC, is expected to take place within the next 6-12 months to allow for final site related permitting to be completed.
Currently, David Lawrence holds ownership of the Property.
On April 23, 2024, Agenda Item 11.B., the Board considered the Naming Rights Agreement for the Behavioral Health
Center. It was discussed that the naming terms would be incorporated into the lease between the parties. However, since
the lease will not be effective until after closing takes place in 6-12 months, David Lawrence informed us that placing
naming rights in the lease is problematic as they intend to solicit donations for the Behavioral Center as soon as
possible, prior to closing. Staff met with David Lawrence to discuss how to proceed and David Lawrence requested
proceeding with a revised Naming Rights Agreement.
Accordingly, the Board-directed modifications have been integrated into the revised Naming Rights Agreement instead
of being addressed through a lease modification. The County's obligation to approve the Charitable Pledge Agreement
has been eliminated, and the Agreement has been revised to indicate that naming rights shall last as long as DLC
operates the CCBHC, and that the Agreement shall automatically terminate if the Lease is terminated by either Party.
The Agreement further clarifies that any funds donated in consideration for naming rights, and any furniture, fixtures or
other assets acquired in consideration for naming rights, shall be transferred to the successor operator of the CCBHC.
The following information was previously presented to the Board on April 23, 2024, and is being included again for
background purposes. On June 27, 2023, and again on March 12, 2024, staff provided a project update on the Collier
County Behavioral Health Center project. In addition to updating construction cost estimates, the project update also
advised that the surtax cannot fund the estimated $4.4 to $5 million requirement for furniture, fixtures, and equipment,
nor estimated net incremental annual operating costs estimated to be $4 million by DLC.
Recognizing this, David Lawrence Center leadership has met with key community stakeholders to address these
unfunded aspects of the program and developed the “Hope for Collier: Building Stronger Minds Together” campaign.
Through this campaign, David Lawrence Center (DLC) intends to raise critical funding for furniture, fixtures, and
equipment, as well as funding for operations/maintenance of the new Collier County Behavioral Health Center
(CCBHC) and earmarked raised funds for such.
In order to assist with some level of gap funding for the annual operations of the CCBHC, DLC has developed the
concept of allowing donors to name various spaces within the CCBHC in order to generate funds. Donations acquired in
consideration for naming a space within the Behavioral Health Center will be restricted specifically for use within the
Behavioral Health Center. Naming rights donations will be deposited into a segregated account owned by DLC; the
Collier County Clerk of Courts and Comptroller is authorized to inspect, review, or audit the accounts, books, records,
and activities of DLC as it relates to these donations. Naming rights shall be valid for as long as David Lawrence
operates the CCBHC.
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12/10/2024
Item # 11.B
ID# 2024-1071
Donors will be required to execute a Charitable Pledge Agreement, identifying the payment amount, the space being
named, and the proposed name of the space.
Staff, therefore, recommends that the Board approve the attached Naming Rights Agreement.
FISCAL IMPACT: The estimate for required furniture, fixtures, and equipment is between $4.4 and $5 million.
Additionally, net incremental annual operating costs are estimated to be $4 million per year. DLC estimates the naming
campaign will generate substantial funds to be used to support costs of the CCBHC.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
-SAA
RECOMMENDATIONS: To approve a Naming Rights Agreement with the David Lawrence Mental Health Center,
Inc., relative to the Collier County Behavioral Health Center to generate donations to be restricted specifically for use
within the Behavioral Health Center.
PREPARED BY: Ed Finn, Deputy County Manager
ATTACHMENTS:
1. {Linked} CCBHC Naming Rights Agreement DLC and County Nov 2024
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