North Collier Regional Park/CMON Museum Easement (Folio #00196800004) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
Attn. Sally A. Ashkar \01
RLS Item No. 25-RPR-03948 3.1()r
A/
2. BCC Office Board of County Commissioners
135�. � 1'6l d/Zs
3. Minutes and Records* Clerk of Court's Office �f /o:llettk,_
1k49-41s
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of the document(s) to grant.cox@colliereetrttyThgov
(01' / PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Vivian Rodriguez/Real Property— Phone Number 239-252-8402
Contact/ Department Operations & Performance Management
Agenda Date Item was 10/28/2025 Agenda Item Number 16.B./
Approved by the BCC
Type of Document Grant of Access and Utility Easement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be VR
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VR
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date,and all changes made during VR N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
MEMORANDUM
Date: October 30, 2023
To: Vivian Rodriquez,
Transportation Eng. - ROW
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Access & Utility Easement w/Summit Broadband, Inc.
North Collier Regional Park/CMON Museum Easement
(Folio #00196800004)
Attached is a copy of the document referenced above, (Agenda Item #16B2) approved
by the Board of County Commissioners on Tuesday, October 28, 2025.
The original is being kept by the Board's Minutes and Records Department as part of the
Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
Prepared by Vivian Rodriguez
Collier County Real Property Management
2685 Horseshoe Dr.S.,Suite 103
Naples,Florida 34104
Project: North Collier Regional Park/CMON Museum Easement [space above for recording data]
Folio:00196800004
GRANT OF ACCESS and UTILITY EASEMENT
3S
This indenture made and executed this e.,a day of Oc to b e./ , 2025 (the
"Effective Date"), by and between COLLIER COUNTY, a political subdivision of the State of
Florida, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112
("Grantor"), and SUMMIT BROADBAND INC., a Florida corporation, whose post office address
is 4558 35th Street, Orlando, Florida 32811 ("Grantee").
WITNESSETH
That for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive easement
over, under, through, and across that portion of the property owned by Grantor and more
particularly described in Exhibit "A" attached hereto and made a part hereof (the "Easement
Property"), for the purposes of installing, operating, maintaining, repairing, and replacing
communications infrastructure, including cables, equipment, and related facilities (the
"Distribution System") necessary to provide broadband, television, Internet, telephone, and
other telecommunications and data services (the "Services") to the Benefited Property.
Grantor leases a portion of the Property to the Golisano Children's Museum of Naples, Inc., a
Florida not-for-profit corporation (the "Lessee"), pursuant to a Lease Agreement dated
December 16, 2003, as amended, a copy of which is attached hereto as Exhibit "B". Grantee
desires to provide Services to the Lessee via installation of the Distribution System in the
Easement Property.
TO HAVE AND TO HOLD the Easement hereby granted unto said Grantee, its
successors and assigns, for the Term described below and subject to the conditions and
obligations set forth herein.
1. Rights Included. Grantee shall have the following rights within the Easement Property:
a. Ingress and egress for the purpose of accessing the Distribution System;
b. The right to inspect, repair, maintain, alter, improve, rebuild, relocate or remove its
facilities, with prior written notice to Grantor, such consent not to be unreasonably
withheld;
c. The right to modify the type and quantity of facilities installed as technology or service
requirements evolve, provided capabilities as described herein are maintained, and
Grantor is notified in advance.
2. Maintenance and Restoration. Grantee agrees that it will at all times: •
a. Maintain the Easement Area in good condition;
b. Use extreme care to restore all grounds and improvements disturbed by its activities
to as good or better condition than prior to such work;
c. Ensure that its use of the Easement does not unreasonably interfere with Grantor's
operations or rights of other authorized users.
3. Indemnification. Grantee shall indemnify, defend, and hold harmless Grantor, its officers,
agents, and contractors from any claims, losses, or expenses arising from Grantee's use or
activities within the Easement, except those resulting from the negligence or willful misconduct
of Grantor.
Grantor shall similarly indemnify Grantee against claims arising from its own breach or
misconduct, subject to the limitations set forth in Florida Statutes, Section 768.28. Nothing
herein shall be construed as a waiver by Grantor of its sovereign immunity protections provided
for in Florida Statutes, Section 768.28.
This Section shall survive expiration or termination of this Easement.
4. Insurance. Grantee shall maintain:
a. Commercial General Liability Insurance in the amount of at least $2,000,000 per
occurrence;
b. Workers' Compensation as required by Florida law;
c. Ensure all subcontractors are similarly insured.
Grantee may not modify or reduce coverage without 30 days' prior written notice to Grantor.
5. Term and Termination. This Easement shall commence on the Effective Date and shall
continue in effect until such time Grantee ceases to use the Distribution System to provide
Services to the Benefited Property. Upon cessation, or failure to use the Easement for its
intended purpose, this Easement shall automatically terminate.
In the event of default by either Party, the non-defaulting Party shall provide written notice and a
30-day opportunity to cure. Failure to cure allows the non-defaulting Party to terminate the
Easement by written notice.
6. Removal of Equipment. Upon termination or vacation, Grantor, with thirty days written
notice, may require Grantee to remove its facilities and restore the Easement Property to a
condition satisfactory to Grantor.
7. Force Majeure. Neither Party shall be liable for failure to perform due to causes beyond their
reasonable control, including acts of God, war, labor shortages, weather events, and
government actions.
8. Limitation of Liability. Neither Party shall be liable to the other for special, incidental,
punitive, exemplary or consequential damages, including loss of profits or downtime, except in
cases of willful misconduct or gross negligence..
9. Successors and Assigns. All terms herein shall bind and inure to the benefit of the Parties
and their respective successors, lessees, and assigns.
10. Notices.All notices must be in writing and shall be deemed delivered upon actual receipt, or
three (3) business days after mailing by certified mail, return receipt requested, to the addresses
listed above, attention to an officer of the receiving Party.
11. Entire Agreement. This Easement, including Exhibits A and B and Right-of-Way Permit No.
PRROW2025041488801, constitutes the entire agreement between the Parties regarding the
subject matter herein.
IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its
name by its Board of County Commissioners acting by the Chairman of said Board, the day and
year first above written.
AS TO GRANTOR:
ATTEST: ',..ar3,.9 . ' BOARD OF COUNTY COMMISSIONERS
CRYSTAL K._KINZEL .C1 rk of the
,, COLLIER COUNTY, FLORIDA
Circuit Court and Cdoptrolter
w -•
Attest as to Chairman' :;�/D.puty Clerk URT L. SAUND •RS, Chairman
signat, nnly
AS TO GRANTEE:
e s's:
SUMMIT BROADBAND INC.
Si tur (Witness a Florida cor oration
1
�Oi BY: i
Prin ed Name
Printed Name: - ,f).:.a& s ( ,;.r-rk
Post Office Acj ess:
'"S. J S ,�k- Title: SUP i<sA,J.
M• V't_ ilk
i / " /
C ` .
Signatu • (Witness 2) ,
1 -0 t r � G 'J�-`� / ,6 ‘ 2—
PrintedJame J
1.1
Post Office Addr ss: •� _
zt'=) : `i` Srk
_ 2t
Approved as . orm and legality THIS CONVEYANCE ACCEPTED BY THE
WA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
_ � PURSUANT TO AGENDA
i� Assistant County Attorney DATED: IDI2'� ITEM No. (�62
CV'
' Y
STATE OF FLORIDA
COUNTY OF,GG LIER- Dyne-
The foregoing instrument was acknowledged. before me by means of Et physical
presence or ❑ online notarization this II M. day of Se.pembe -, 2025, by
Wfrkt►-drill C ovco,-d as 5vr' t_ccl 1.8PZcpte i .t,.-tw,Sof SUMMIT i8ROADBAND INC., a
Florida corporation, who:
l' is/are personally known to me;
OR
produced ❑ a driver's license, OR ❑ as identification.
0 ASHLEY TORRES (+ rlifd 1
zc'4 '' Notary Public Signature of tary Public
a '1' ti, _ State of Florida .�
. a Comm#HH62464 A.`4 \�CI .
4pE ieb Expires 12/29/202S Printed Name
Serial /Commission # (if any): N N )4(r'4-7
(affix notarial seal above) My Commission Expires: 12/2 c /202t
_f~'oti,.. : ASHLEY TORRES
Notary Public
. ,., ; State of Florida
7
c'ti -1 Expires 12/29/20 8
GAO)
EXHIE IT A
, a.EI 'I ,2.
SKETCH and LEGAL DESCRIPTION
UTILITY EASEMENT"
SECTION 30 , TOWNSHIP 48 S, RANGE 27 E
DESCRIPTION:
A strip of land 6-foot-wide lying within a portion section 30, township 48 s, range 26 e, collier
county, particularly described as follows:
Commence at the Southwest corner of NW 1/4 of section 30, Township 485, Range 27E, Collier
county, thence run NO2°33'08"W, along of the West line of NW 1/4 of said section, a distance of
125.68 feet to a point "A'; thence run 587°26'52"W, a distance of 16.17' to a point of beginning, of
the following described 6 foot easement lying 3 feet on each side and contiguous with the following
described centerline: thence on a curve concave to the Northeast with a radius of 28.82 feet, a
chord bearing of the 531°41'24"E, a distance of 33.21, and internal angle of 70°20'45" to intersection
base line of Livingston Road (west line of NW of said section), point "B", thence on a curve
concave to Northeast with radius 28.82 feet, a chord bearing of the 572°41'59"E, a distance of 5.86,
and internal angle 11°40'24" to a point "C", thence run 589°48'13"E, a distance of 66,75 feet to a
point "0", thence on a curve concave to the southwest with a radius of 418.81 feet, a chord bearing
of 566°10'42"E, a distance of 299.20 feet, and internal angle 41°51'29" to a point "E", thence run
N27°17'09"E, a distance of 9.41 feet to a point of termination.
Containing 0.058 acres, or 2540.35 square feet, more or less
Digitally signed by Guillermo
Guillermo Guerrero Guerrero
Date: 2025.08.15 13:52:12 -04'00'
NOTES:
1) This is not a field survey.
2) Bearings are based on the west line of NW 1/4 of said section 30, Bearing NO2°33'08"W.
3) The sidelines of the above-described easement are to be lengthened or shortened as necessary
in order to maintain a continuous strip of land 10 feet in width and to intersect existing easements,
rights-of-way, property lines of record and building wall lines as may be applicable.
4) Valid copies of this sketch and legal description will bear the embossed seal of the attesting
professional land surveyor.
(iuE!
DATE: 08-14-2025 F 1CT6� PREPARE°FOR
THIS SKETCH & LEGAL DESCRIPTION WAS • No 6453
PREPARED UNDER MY SUPERVISION. / DRAFTEE HOLDINGS
PREP.AEO BE:
75`e.? STATE OF 41
1 4a
SURVFYrY � `1`SURVO°'-
L TOPOOIIAPN.
9555 SW 17Nb Terrace,
Suite 236
Palmetto flay SHEET:1
FL 33157
TEL 786.936-45-40
LB 8594 or 2 SHEETS
P0.6a 2 oF2
SKETCH and LEGAL DESCRIPTION
UTILITY EASEMENT"
SECTION 30, TOWNSHIP 48 S, RANGE 27 E
LINE TABLE CURVE TABLE
i LINE BEARING DISTANCE CURVE RADIUS DELTA ARC LENGHT CHORD GEARING DISTANCE
L1 H02.33-08'Vf 125.68 Cl 28.82 70'20'45" 35.39 531'41'24'E 3321
L2 587'26'52W 16.17 C2 28.82 11'4024• 5.87 572'41'59•E 5.86
m�>E L3 S89'48'13'E 66.75 C3 418.81 41.51'29' 30596 566'10'42'E 299.2
t' L4 II27'17'09'E 9.41
olo
.r�
x 'i
mr�
0
T SA
ti w
w?
1Im Point•A'
L2
lew
P.0.6
- ' C2 Borth Collier Regional Parl
L3 Pbo Subdivided
C]_� Point D"
r.> •
Point"B' Point "C"
I 6.
5 South li-a of NW 3 Of 25-48-2. 25 30 _ —South line of IAV jOf 30-4B-26_ — _ _ _
North lire of SV!j OF 25-48-26 25 3r
north lisle of 5w;Of 30-48-26 ` —P.OT
r Vest Hall Sec. 30-48-26 �7.
I O P.O.0 '
Found Iron Pipe Point "F •'
p north Collier Park -
No Subdivided
rlded
i re
i I l T
O i 1
I R
(i) `
_
Q u, ,
II z r, ii
r J
I
SCALE:
PRE PARLD f OR 1" =30'
DRAFT EL HOLDINGS
PREPARED oe LEGEND:
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
P.O.T. POINT OF TERMINATION
S U R V Y 7 F.P.L. FLORIDA POWER & LIGHT
AeA1 •OPOOIIAPH0 P.B. PLAT BOOK
9555 5VI 175th Terrace• Q CENTER LINE
.suite 236 OLIW OVERHANG WIRE
Palmetto Bay SHEET:2
f l 3315/ P/L PROPERTY LINE
lL 286-5 45-40 CPP CONCRETE POWER POLE
LB 899 OF 2 SHEETS
EXHIBIT B
LEASE AGREEMENT ����"" ""���'
(IIS LEASE AUKIJEMEN'1' ("lent") entered Into this I� tiny obel-e r1 2OU3 between the
t:IHL.I)121IN'S MUSEUM OP NA.PLE,S, INC. ("LESSEE") whose mailing ndtIi ss Is Pt) box 24:13, Naples,
i tondo.41Ilo and COL,LiER CAUN'CY,u political subdivision of the Stine of Flutida,whose twilling address is
titbit"animal Trull,Nuples,Florida 3411).hem miner['aunt'In our
VW' I'I NESSETII
'►UUl;PAR.111:S AGREE AS Ff)I J OWS:
ARTICLE]. Demised Prerniken.
(A)LESSOR »glows to Lease approximately.tw•o(2)stool tar deoorihed In Exhibit "A"which Bxhihit ire
attached hereto and maths o purl heocol, herein called tltc "Demised Premises," silvulutl in Chiller Cuuuty,
Florid'', for the purpose of LIi.iSSi?R to fully fund.construct.opertstc and maintain u'minty thousand(20.(U0)
sow.font building only us n Chtldrens' Museum(tire"I,aclllty") for uses commonly and normally aseociaaxl
with u C.hti/then& MUAJum. Nu"zoo"or other'sousing cot unitnals in being eulhrnlzed. LESSEE,may expand
the rope of the Facility subject to LESSOR'S prior expressed written upprovtil, uud to Include relined parking
and Landscaping, As the unJ rlying land is totted "park," LESSEE may servo rdculaUe beaerngea during
infrequent fundraising events, LESSEE shall also be permitted In contract lot (tu cosiduetl doe (I)
Joitccssionfgill.chop and the proceeds shall be revenue to LESSEE.
tB) I.ESSOR agrees to allow IJ:SSIIH'S overflow pxrking to tililice tlw Brew Indicated as 'NNRRP Tins
Forking'on Exhibit"A"as'Shied Perking'.
ARTI('Lb 2. 'farm of Wise.
(A)LESSEE hereby (rinses for a tutor of Thirty(30)yours commencing on January 1.2(04 and ending
December 31,2034(the"Initiel lurm"),
t13)L,1 SSIEll is grunted four(4)additional(scpurnte)fifteen(15)year lemma,lcnnst Iislluwh►g the Inithd
tidily (30)yew term. This Lease shell uutonmUcally renew for each yuceessIvo renewal fifleon 05)year torn
under the sante leans end conditions,Lac provided herein,including its to the rontal amount,as provided herein,
unless LI SS1iP,notifies LESSOR,hi writing,of its intention not to renew ibis Lowe,which notice must actually
he delivered its LESSOR nut less thtut one hundred eighty(180)days prior to the expindiun of the then current
lease term. Nutwilltstwiding,if LJiSSEE is in default under(xi the terms end conditions of this Leoeo prior to
the uxp1naion leasehold Mute hereby prattled or ronowel temr then in effect,LESSOR shall have the tight not to
renew this Leese by providing L F.SSI1E with Nahat of such Intent not to renew now.less than one hundred eighty
1180)days prior to the expinition of the inithil tern,or the renewal tonn, then In affect. Saki nutiec shall he
effective upon mtuel ieccelpt by IJiSSEE.
IC) 1,FiSSEE agrees to complete the proposed Facility on or before the fifth year of the commencement
date of this base, LESSEE shall be responsible for providing LESS()(( with n copy of the Certificate of
Occupancy Issued by Collier County for the Facility.
(I))if after the AIM year of 1hi9 Lease,L17SSE1 has not mouthy thy fully completed the proposed Facility at
the Demigod Premises;,this Leese stiull be null and void end LESSOR, If it ao elects, may nice utiatc a raw
1.11AS13 AGREEMENT with LESSEE for the Intended purpose of this Agreement, or In the alternative,
LESSOR can elect to lake itoilserslon of the improvements the on the Demised Promises without crrntponsathtg
1.13SS13E in tiny way. Upon Isuumned of a Certificate of Occupancy, the County shall have no further right to
declare this Loom c null and void for rtnn-petfornmneu of the required construction.
(13)'The Hared of County Commissioners,as a last resort, reserves its right to terminate This).caw,fat
owe, allot provklntt to LESSEE tit least one hundred tumid eighty (It3U) duys prior wrinen notice aetuully
delivered to LESSEE at the mulling addicts set forth in ARTICLE B(or then sob iituted"notice address").Said
notice shell he affective upon actual receipt by LESSEEE'.'l"ermtnutlon fur cause shall be a lust rosust and shall
out be exercised unless LESSOR lain provided IJ3SSf?B with odvaucc written notice of Web slosh siotntion(s)
and bus afforded LI3SSf11 reasonable time to cure Lilt such noticed curable violations,or its the event 1..ESSEIt
violates tihis Lease by committing one or rnuro material, non,eurebie viulution(e). Any unuuthorlrr0 use by
LESSEE shad(he a"material violation"turd,shut'be Independent Emends l'or termination by LESSOR for cause.
ff turminaur►rs for cause le csoreised by LESSOR,1_E9SER shell surrender the Facility and all I ixture and rain-
isxtunt improvements to LESSOR without cost in. expense to LESSOR, and the Facility and all such
introit totems ahnit become thct absolute property of 1.FSSt)It.
(Ix)The Facility and ell other Used improvements to the Demised Premises shall autotnntivally,and HI no
cost to I.H ISOR,become solo properly of LESSOR upon termination of lids Lebec.
A R't 1C1.1.33. jam,
LESSEE hereby tvvenunts taxi agrees to pay as rent for the Demised Premium llsr:aunt tat Me 1 teatime
1)ntlurs ($11111,I)0)pot mown). The rent lot ilia Pint tan t10) lease yours (SiPOO)tdtull bu paid to LESSOR
within ton IYOlktlnye of LESSOR'S enecttllon of title)uane.'lltcreaftcr,the annual rent athnlI be pule in 4111 not
later then lhitty(3t11 days lulhrwiug the anal verrury dale of the execution of this Lease by LESSOR,end shall be
puld to I.P SOk not haler flan the anniversary dote of the uoiilnssaacement dale of this peace I'nr ouch your
Ihcnuller.
AR'i It.'LE'l. 1.FAS iliS'Other Everitt*sod tit,tLlra.
tA1 I.1iS5ME ahttll pay to the LESSOR one half ii12)of LESSOR'S total cxpcnaca to develop Binged
"Inlrustnh.iurd"u.t Indicated on Exhibit 11,including LESSOR'S costs of engineering,:wet IS?SS()R'i costs of
aonslnic•ticru of Ingress/civets, parking t'uciiitcs, site development, wenor and wastewater futilities, ckcirlc
service I'acilittes and hook-ups, surfper; water nnanuO{etnent and lundscuping.It le unlielpatod that these casts by
LESSOR should nut exceed$BOb,(IOD arid,therefore,LESSEE'S ens%for this Itttr'astructure la not anticipated to
exceeds$400,000. Tbts,e ousts shalt he pail by 1.13Sa13$to I.F,$SOlt promptly alter LESSOR deli►ent invoicee
for same to LIiSSI;I"i from unseen-trine.
tli) LESS i shall be responsible for its pro-nua shun of any at•guhtg trraiutennnae or haute
nwliit n tncc t:usir ter expense related to the Shored Puriting Area dart LESSOR rimy elect to eompleta, ibis
may include,but nut be limited to itdruving,coinplying with any future;aide issues or water ntunugcmenl hams.
(C) 1,1iSS131B atoll also be responsible for the sole coat and expense of monthly costs related to
electricity, talc txrndltltntieg, water, ,,ewer, petit control, telephone and other communications, halt removal,
janitunul services urtd Iundscupina used, rendetud or supplied to the Demised Premises throughout the life of
Oils Leese
ARTICLE E S. S.: tnmi taut,
1.1iSSlil3 agars tier;
I.Title tensility will be epee to the general public Intl reusunohie admittance t'ccs ntuy be required.
2, LESSEE shalt pmvicle the Public Sorvicea Administrator and the Perks and Rocrnatlon Department
I)irector with cononlit:n in plans fix the proposed Facility.LESSOR.shall reViuw the plans and provide written
approval or disapproval within thirty days to I.K.SSEL prior la any construction by LESSEE to ensure that the
exterior of the peptised Fncility, and titut tall related improvements such os landscaping.lighting and parking
seas,are empathic with LESSOR'S improvements and snails lend style ul and near the Demigod Prtuuisos.
Upon review of LESSEE'S plans by LESSOR, LESSOR shall provide L 3SS>3t3 whit written mince of any
construction scheduling conflicts that in LESSOR'S opinion may be caused by LESSEE'S construmioh in the
Demised Ptendaes that may hinter nruinletuanco and/or operations at or near the Demised Promisee,
3.LESSEE shall totally complete the proposed Facility.whereby In the nomaul course of events a normal
Certificate of Occupancy can be [eared to LESSEE by LESSOR not loser then the ft1>Ih (5th) year from the
commencement date of this Lease,or this Leese may be declared by the Board of County Commissioners In
have houome null and void for tech nun•Conrptloncc by LtiSS13E,
4, Any cud all Improvements must be in accordance with all titan rapplicebto loon), Side and Wend
Lucas.rules and regulullons,
1 5.11'I.iSSI:E Audi engage in fund tailing activities,LESSEE will strictly etwq►ly with rend any nit laws
anti reyutution,t applicable to food raising activities and County will not be responsible in may way for any
I'uaxlniIsing ncxlvitles or reimhtn'sements,
{
2 •
A R'I'ICIE 6. Indemnity,
(A;LESSI?1±lit consideration of Ten Dollars($10,00), Ilse Fermipt unit antficlenay of which is hereby
acknowledged,shell IndernuQy,defend and hold harmless Ll-sS5OR,its Agent's rule onrptny�es from mid pg in t
any atxi ell liability(taotutory or otlierwisc), dumagra.chritttd,Sults, denuutdx,judgments, coats, interest and
expenses (including, bin no limited to, uttorncya' fees and disbursentutltd both at trial and uppcllrie lavas)
wising, directly or itidiroctly, from Any injury to, or death of, city person tie• persona a1 clnion& to property
•
(including loss of use thereof) Mogul to ()1 t.liSfii#f;'S use of ilto l)i:rnited Premises, (ii) nity work or thing
wlwlorxvct dins:,or any condition'erected(other Ono by LESSOR, Its employees,u);onti or Conitcei!luis)by or
on lx'hull oil LESSEE in or about the DumiMed Preiuis:ea,(Jolt any condition of the Demised 1>reutises duo to or
resulting from any default by I,C+,SSl!i In the perfomtanoe of LESSEE'S obllgelhnta curia'dila reuse,or(iv)
nay net, ornissiuu or negligence of LESSEE or Its agents, conintelnis,employees, aubterimus, or LESSEE'S
invitees. in cute airy action or proceeding is brought Against LESSOR by'erica of:try one or tome thereof,
I l?SS1 It r+hrdl pay all coats,attonmya' fees estimator and Uuhlhnee resuhing therefrom unit shall defend such
autism ut proceeding If LI3SSOR shall so request. um LESSEE'S expense,by'relent rauscnrably t;ulisllieiory to
1.I:SSOR.
(II) The LESSOR shell not he liable for any injury or damage In parson or piupsrty unused by the
elensunla or by other Ixaarneb in are I)atnssctl Premises, or from the 'next or suit-scribes, Of run airy other
place,or tor any interference cased by uporattuns+ by ca for a govcnunculul uuthniity is consuuctiun of tiny
public or quasi-public wcu ks.
(t.')The LESSOR slwil not be!bible for any damages to or loss or.Including loss due so petty theft,any
•struperty,ocelirhing on the l)etmacd Presn)sei or Any part thereof,And the LESSEE aurae iu h41d lime LESSOR
mirthless from any claims for damages.uxee(tt whore such damage or Injury Is the result of the gross negligence
or willful misconduct of the IJiSSOR or its employees.
ARTICL.1i 7. insurance,
(A) LESSEE shall provide end mtdine t general liability and properly liability Inaututtue ltoiley((ee),
Approved by the Collier Qiuiily Riak Munriietnent Dcparintersr, for not lees thou 'Three Hundred Tlwusa&
Dollars oral ,,101C.:ents (S3(10,0tX1,0O)combined single Ratite during the tomi of this Agrcamcat. In ndtglic>rt,
• LESSEE shall provide and muintulu Workcr'a Cumpensatlori lntsnrunce coveting all enipJo>yoe meeting then
•
minimum requited Statutory Limits Iri complion a with the then applicable Florida and, If applicable, federal
Iowa. 'the covcni$e shall Include Employer's Liability with u minimum limit of One Hurtdied`r housund 17trllaru
and Nor ltH)C.rnts($11KI,U00.00)each occident,
Ili)such insurance ienllcyoes) chino list Collier(lousily na tin addditionol Insured therm. Evidence of
such lnsurnnae shall be delivered by 1.11SSBB to die Collier County Risk Mnnugwnent Department,3301 East
Tniniumi Trail, Administration Building, Maples, Ploridu, 34112, for approval within thirty days from use
execution of this Lease by both parities:and ahnl)include a provision requiring ten(10)days prior wrilton iwtiue
to Collier County do County Risk Management I)opurtincni In the event of cancellation or changes iu
pol)ey(ius►rovcn►ge.1.1:SSOR reserves the tight to reasonably emend the insurance tequiratnents by issuance of
'rodeo in writing to LESSEE.whereupon reeaipl of such notice LESSEE ahull hove thirty(30)days in which to
obtain ouch additional Insurance,
ARTICLE S, fl2ult by it +
(A)FuJlure of LESSEE to remedy any noel-compliance of this Agreement within sixty(Kt)days from icecipt
of LBSSAR'S writtcrt notice slating limo noa,complluuce shell constitute a default,whereby LESSOR may,tit His
absolute discretion, terminate this Lase by giving LBSS131)tidily(30)days written notice unholy the default Is
fully gored within that sixty(tS0)day notice period(tit'ouch addliionui time as Is rensuttably required to correct
smelt default).however,the occurrence of luny of die following evesua shalt constitute a dofatdl by LESS1?t7,and
Oda Lease may be Immediately rcrrninated by LESSOiZ es►cept io the extuut them prohibited by Iuw:
(I) Pale)(lcutiuts by LESSEE of an agent of LESSEE of any report required to be lUniislied Io
LESSOR purattens to the tarots of this Lease.
(II) Filing of Insotveoey,reorgunixuliun,plan or nnungernent of bankruptcy.
(13)hi the event atlas occurrence of esy oldie foregoing default/1 In thin ARTiCLt3 6,izesoIt,In addition
It,soy other righta rind remedies Is may have,shell hove the Immediate right to stormier and remove nil signs
from the Denoted Poirot oa.Such pro)ttity may be removed and sowed in a public warehouse orclsmwhcrc tit
3
tlx:coat of and Ica.the amount of LIiSSB1.3,all without service of notice or resort to legal process and Without
being deemed guilty of trespass,or being liobtu for any loss or damp which may be occasioned thereby.
ARTICLE 9, ghltt3ltlttiv8 J y LESSIF„
L SSOR shall have no obligations whatsoever except to the extent expressly specified herein.
AR'I ICI.E 10.Nut Ic454
Any untie~Which l.FiSSOR ar LUSSELL bitty be required to give In the other patty shuil be it►writing If,
Ilse caller puny of the tidlowIng addresses:
LESSOR: t.PSSEti:
Board of County Ccmtmissionera C:Irildren's Museum of Naplcu,Inc.
c/o Rohl Property Murxrgernuut Dept, do President
Administration Building 1'.O,Box 2423
3301 Tandem{Trail knat Naples,Florida 3d10O
Nuplce.Piwids 34112
cc: Office of thu County Allomey
Administrator, Public Servluea
t)lrecwr,Purks and itccrcutron Department
•
ARTICLE I I,AgnmulersfylentslifffiggitattufkQmpluasnnitikimarik,
I.PSSP.R shall remove all signs Installed by or on behalf of LESSEE immediately upon exph'nilon of this
i.cuxt and eltull deliver up and surrender to LESSOR possession of the Dcmisvd Ps+ernisus in Ruud pbyeicul
condition,only ordinary wear and tour excepted, and shall he free from llemr,rre$nrliy ittlerests,rind all shot
encumbrance.'except Ihoeu, if any,authorized in wtillog by the Hoard of County Cumrniseinners, The Hoard
shall Irnve no obligation In ugtee to nay welt encumbrance and such authorizations shall he tar the unbridled
dtsctetkan of the lkwnt ul'r:tu my Cornrnlaaturrei .
•
• ARTICLE 12, (lanerul Provisions-
� I,llS31i13 expressly agrees for inter, <m euctVaeor und assigns, to refrain from any and all use of the
Demised Premises which would interim with or ndverseiy effect the olrers►tion nr maintenance of LESSOR'S
ujterutlone where any setup cytetndons share common focillties or otherwise, Rights not speclftcuily granted the
LESSEE by this Lause eta hereby reserved to thu 1.E.SOIt.
ARTICLE 13, Ii ;fl,yQ ggil.
This Leese stall become effective upon exocutlon by,buth LESSOR and Lf{SS131L
ARTIC.I.6 14.Qoverningl aw,
'Chia;I.enso shall be governed by.nod construed in ucc:or lance with,the lawn of rho Sadc of tibrida,
IN WITNESS WH .i REOP,the parties hereto have hereunder set forth their bands()Moonlit.
AS TO LESSEE:
'CF)IECIIIl. RI N'S MIJSII IM OFNAPLES,INC.
DATED: j'L'. ../.C� : ,
PlitST 1 ITNESS feign'
sig l'ue») ROE KOESTER,President
1-.I11x.Iti (11,1tlr;!
(printitytrc nnme)
1 rj ., 7 f ''tlj •'�� 1 1.t1/, `1'
S1.rOND Wrf>`I;Sq(signature)
tom/
Li 1Y1c/i16. 11Rji.r-lit N
(ptintitypo numu)
4
AS TO LESSOR;
DATCO: I a"'R0'
A'I"1'135T, , BOARD ON COI,ATY(X) MISSIoNCRS
I)WWI lTh, IROCK.Clcrk COLUBk+ � ►i1?tY,1. IDA
•
DY; :.
Deputy ark TOM IIENNINO, iudrm
Attis e urn 0 CUIlrii es
Approved rss to onn on g. sufficiency:
CwnasC,FRitnee
Assislam Cuuiily Allurney
'SEt'. !h. 2UU4 IU:31AM' . 11/0 ' • — NO. Diva—r. t t
i
i•,
RESOLUTION 2003 - 459
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLI.1F.R COUNTY,
FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND .
THE CH]LDREN'S MUSEUM' OP NAPLES, INC. FOR USE OF COUNTY-OWNED
PROPERTY AT THE NORTH NAPLES REGIONAL PARK
•
WHEREAS, the Children's Museum of Naples, Inc. ('Museum'), desires to lease
approximately .2 plc square feet of Collier County-owned unimproved land located at the .
North Naples Regional Park, for construction and operation of a Children's Museum; and
WHEREAS, the lease shall have an initial term lease of thirty (30) years and includes
four(4) additional (separate) renewal terms of fifteen (15) years each, The annual rental shall be
and shall remain to be$100; and
WHEREAS, the Board of County Commissioners believes and finds that this land "
("Demised Premises") is required for the Museum's use and is not presently needed exclusively
for County only purposes. '
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ,•
COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that;
1. The Board of County Commissioners hereby approves the attached Louse Agreement
between Collier County and the Children's Museum of Naples, Inc. i.
ioners of
er County,
lorida,
2. The Chairman of the Board cut the attached d Leases Agreement onitbehalf of theBoard..ts .
hereby authorized to ��� ,
1,_ dayot1 � 2003 after motion, second and
This Resolution adopted this �.
majority vote in favor of adoption.
ATTEST:. °o,,On BOARD OF CO TY C MMISSIONERS
DWIGHT .• . OC1C,. . ", COLLIER C TY, RUDA
BY' • TOIa'JNIyING, Chairman
-� eputy, erk••
.anti ' •
Attesir's••tg Chaitsust,'•i
s l gnaturgfplO /i::,.i •
Approved as to form
and legal sufficiency:
Th mas C.Palmer,
1sslstant County Attorney
• • it ill
16fl23
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 Tamiarni Trail,Naples,
Florida 34112,and the CHILDREN'S MUSEUM OF NAPLES,INC.("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 of the 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 of 2
- . . • • o •
16 D23
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 OFNAPLES,INC.
a Florida non-pro rporation
FIRST WITNESS (signature)
By: '
Jt ie o ,Pres] ent
(print/type name)
SECOND WITNESS (signature)
(print/type name)
AS TO LESSOR:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
ti. •
'• DWIGHT�I . E..BRpt~K,Clerk
ay: rt q it)-G . By: tut--
• • ai..b f uty Clerk Tom Henning,Chairman
f,: Siegi t e OA 'r
Approve as to form and legal sufficiency:
771
o-Thotas C.Pa er
b Assistant County Attorney
Lease Modification Agreement
Page 2 of 2
•
-. ... “V. V 17V
► (1 PI 1 �F5• LEASE AGREEMENT •
- "HIS LEASE AGREEMENT �E'�‘ ►�^
HIS 'S MUSEUM ("Lease") entered into this ��_ day oIUcCGlYl ,v
OF NAPLES, 'INC. ("LESSEE") wng between the
i•norida:i4106 and COLLIER COUNTY, a political subdivision of the State of Florida,addrss whose Eimiiling udi ress is
PQs. Naples,
.3301 East Tumiami Trail, Naples, Florida 34112, hereinafter referred to us "LESSOR."
•
• WITNESSETH
•
•
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. Demised Premises,
•
(A) LESSOR agrees to Lease approximately two (2) acres as described iu Exhibit "A" Which Exhibit is
attached hereto and made a part hereof,. herein called the "Demised Premises," situated in Collier County,
Florida, for the purpose of LESSEE to fully fund, construct, operate and maintain u twenty thousand (20,000)
square foot building only as•a Childrens' Museum (the "Facility") for uses commonly and normally associated
with a Childrens' ,Museum. No "zoo" or other housing of animals is being authorized. LESSEE may expand
the size of the Facility subject to LESSOR'S prior expressed written approval, and to include relined parking
and landscaping. As the underlying land is zoned "Park," LESSEE may serve alcoholic beverages,during
infrequent fundraising events. LESSEE shall also be permitted to contract 'for (or conduct) one (I)
•:oncession/gift shop and the proceeds shall be revenue to LESSEE.
•
(8) LESSOR agrees to allow LESSEE'S overflow parking to utilize the area indicated us 'NNRP Bus
Parking' on Exhibit "A",as 'Shared Parking',
ARTICLE 2. Term of Lease.
•
(A) LESSEE hereby Leases for a term of Thirty (30) years commencing on January 1, 2004 and ending
December 3f, 2034(the "Initial Term").
•
(B) LESSEE is granted four (4) additional (separate) fifteen (15) year renewal terms following the initial
thirty (30) year term. This Lease shall automatically renew for each successive renewal fifteen (15) year term
under the same terms and conditions, as provided herein, including as to the re.etal amount, as provided herein,
unless LESSEE notifies LESSOR, in writing,of its intention not to renew this Lease, which notice must actually
be delivered to LESSOR not less than one hundred eighty (180) days prior to the expiration of the then.current•
lease term. Notwithstanding, if LESSEE is in default under on the terms and conditions of this Lease.prior to
the expiration leasehold estate hereby created or renewal term then in effect, LESSOR shall have the right not to
renew this Lease by providing LESSEE with Notice of such intent not to renew not less than one hundred eighty
(180) days prior to the expiration of the initial term, or the renewal term, then in effect. Said notice shall be
effective upon actual receipt by LESSEE.
(C.) LESSEE agrees to complete the proposed Facility on or before the fifth year of the commencement
date of this Lease. LESSEE shall be responsible for providing LESSOR with a copy of the Certificate of
Occupancy issued by Collier County for th'e Facility.
(D) If after the fifth year of this Lease, LESSEE has not actually fully completed the proposed Facility at
the Demised Premises, this Lease shall be null and void and LESSOR, if it so elects, may renegotiate a new
LEASE AGREEMENT with LESSEE for the intended purpose of this Agreement, or in the alternative,
LESSOR can elect to take possession of the improvements the on the Demised Premises without compensating
LESSEE in any way. Upon issuance of a Certificate of Occupancy, the County shall have no further right to
declare this Lease null and void for non-performance of the required construction.
(E) The Board of County Commissioners, as a last resort, reserves its right to terminate this Lease,far
cause, upon providing to LESSEE at least one hundred and eighty (180) guys prior written notice actually
delivered to LESSEE at the mailing address set forth in ARTICLE 8 (or then substituted "notice uddresst'). Said
notice shall be effective upon actual receipt by LESSEE. Termination for cause shall be a last resort and shall
not be exercised unless LESSOR has provided LESSEE with advance written notice of each such violution(s)
• and has afforded LESSEE reasonable time to cure all such noticed curable violations, or in the event LESSEE
violates this Lease by committing one or more material, non-curable violution(s). Any unauthorized use by
LESSEE shall be a "material violation"and shall be Independent grounds for termination by LESSOR foi'cause.
If termination for cause is exercised by LESSOR, LESSEE shall surrender the Facility and all fixture and non-
U - r/. L V V'T !V.J Ina!
v r. y
• •
fixture improvements to LESSOR without cost• or expense to LESSOR, and the Facility and rill such
impro%ements shall become the absolute property or LESSOR.
(F)The Facility and all other fixed improvements to the Demised Premises shall automatically, and at no
cost to LESSOR. become sole property of LESSOR upon termination of this Lease,
ARTICLE 3. Rent.
•
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One hundred
Dollars ($100.00) per annum. The rent for the first ten (10) lease years ($1,000) shall be paid to LESSOR
within ten workdays of LESSOR'S execution of this Lease. Thereafter, the annual rent shall be paid in full not
later then thirty(30) days following the anniversary date,of the execution of this Lease by LESSOR, and shall be
. paid to LESSOR not later then the anniversary date of the commencement date of this Lease for each year
thereafter.
ARTICLE 4. LESSEES' Other Excenses and Costs,
(A) LESSEE shall pay to the LESSOR one half (1/2) of LESSOR'S total expenses to develop shared
"infrastructure" as indicated on Exhibit 13, including LESSOR'S costs of engineering, and LESSOR'S costs of
construction of ingress/egress, parking facilities, site development, water and wastewater facilities, electric
service facilities and hook-ups, surface water management and landscaping. It is anticipated that these costs by
LESSOR should not exceed$800,000 and, therefore, LESSEE'S costs for this infrastructure is not anticipated to
exceed $400,000. These costs shall be paid by LESSEE to LESSOR promptly after LESSOR delivers invoices
for same to LESSEE from'time-to-time.
•
(B) LESSEE, shall be responsible for its pro-rata share of any on-going maintenance or' future
maintenance costs or expenses related to the Shared Parking Arca that LESSOR may elect to complete. This
may include, but not be limited to repaving, complying with any future code issues or water management issues.
(C) LESSEE shall also be responsible for the sole cost and expense of monthly costs related to
electricity. air conditioning, water, sewer, pest control, telephone and other communications, trash removal,
janitorial services and landscaping used, rendered or supplied to the Demised Premises throughout the life or
this Lease.
•
ARTICLE 5. Commitment. •
LESSEE agrees that:
•
1.This Facility will be open to the general public but reasonable admittance fees may be required.
2. LESSEE shall provide the Public Services Administrator and the Parks and Recreation Department
Director with construction plans for the,proposed Facility, LESSOR shall review the plans and provide written
• approval or disapproval within thirty days to LESSEE prior to any construction by LESSEE to ensure that the
•
exterior of the proposed Facility, and that all related improvements such us landscaping, lighting and parking
areas, are compatible, with LESSOR'S improvements and architectural style at and near the Demised Premises.
Upon review of LESSEE'S plans by LESSOR, LESSOR shall provide LESSEE with written notice of any
construction scheduling conflicts that in LESSOR'S opinion may be caused by LESSEE'S construction at the
Demised Promises that may hinder maintenance and/or operations at or near the Demised Premises.
3. LESSEE shall totally complete the proposed Facility, whereby in the normal course of events a normal
Certificate of Occupancy can be issued to LESSEE by LESSOR not later then the fifth (5th) year from the
commencement date 'of this' Lease, or this Lease may be declared by the Hoard of County Commissioners to
have become null and void for such non-compliance by LESSEE.
4. Any and all improvements must be in accordance with all then applicable, local, State and Federal
Laws, rules and regulations,
5. Ir LESSEE shall engage in Fund raising activities, LESSEE will strictly comply with and any all laws
and regulations applicable.to fund raising activities and County will not be responsible in any way for any
fundraising activities or reimbursements.
2
5tr. 15. Ma 1U:]LNM NO. 1190 P. 6
• •
ARTICLE G. [ode ma
_ lty
•
(A) LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold.harmless I.FSSOR, its agents and employees from and against
any and all liability (statutory•or otherwise), damages, claims, suits, demands, judgments, costs, Interest and •
expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property
(including loss of use thereof) related to (I) LESSEE'S use of the Demised Premises, (ii) any work or thing
whatsoever done, or any condition created (other than by LESSOR, its employees, agents or cuntt'uctot•s) by or
on behalf of LESSEE in or about the Demised Premises, (iii) any condition or the Demised Premises due to or
resulting from any defuult by LESSEE in the performance of LESSEE'S obligations tinder this Lease,'or (iv)
any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, or LESSEE'S
invitees. In cuse any action or proceeding is brought against LESSOR by reason of any one or more thereof,
LESSEE shall pay elf costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such
action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfuctory to
LESSOR.
(B) The LESSOR shall not be liable for any injury or damage to person or property caused by the
elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other
place, or for any interference caused by operations by or for a governmental authority in construction of any .
public or quasi-public works.
(C)The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property, occurring on the Demised Premise's or any putt thereof, and the LESSEE agrees to hold the LESSOR
formless from any claims for damages, except where such damage or injury is the result of the-gross negligence
or willful misconduct of the LESSOR or its employees.
ARTICLE 7. Insurance.
(A) LESSEE shalt provide and maintain general liability and property liability insurance policy(ies),
approved by the Collier County Risk Management Department, for not less than Three Hundred Thousand
Dollars and No/Cents ($300,000.00) combincd.single limits during the term of this Agreement. In addition,
LESSEE shalt provide and maintain Worker's Compensation Insurance covering all employees meeting -then •
minimum required Statutory Limits in compliance with the then applicable Florida and, if applicable, federal
luws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars
and No/100 Cents ($100,000.do)ouch accident.
•
(B) Such insurance policy(ies) shall list Collier County as an additional insured thereon, Evidence of
such insurance shall be delivered by LESSEE to the Collier County Risk Management Department, 3301 East
Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval within thirty days from the
execution of this Lease by both parities; and shall include a provision requiring ten (10)days prior written notice
to Collier County c/o County .Risk Management Department in the event of cancellation or changes in
policy(ies) r`over•age. LESSOR reserves the right to reasonably amend the insurance requirements by issuiance of
notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to
---nbtain such additional insurance,
•
ARTICLE 8. Default by LESSEE,
(A)Failure of LESSEE to remedy any non-compliance of this Agreement within sixty (60) days from receipt
of LESSOR'S written notice stating the non-compliance shall constitute a default, whereby LESSOR may, at its
absolute discretion;.ter•minate this Lease by giving LESSEE thirty (30) days written notice unless the default is
fully cured within that sixty (60) day notice period (or such additional time as is reasonably required to correct .
such default), However, the occurrence of any of the following events shall constitute a default by LESSEE, and
this Lease maybe immediately terminated by LESSOR except to the extent then prohibited by low:
(i) Falsification by I.F.SSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the'terms of this Lease,
(ii) Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
(B)in the event of the occurrence of any of the foregoing defaults in this ARTICLE 6, LESSOR, in addition
to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all signs
from the Demised Premises. Such property may be removed and stored in u public warehouse or elsewhere at
3
1
act-, 1 . LUv iv;)thrn NU. OINOv.,. 4
S
the cost of and for the account of LESSEE, all Without service of notice or resort to legal process and without
being deemed guilty of trespass, or being liable for any loss or damage which muy be occasioned thereby.
ARTICLE 9. Obliga ons by LE OR '
•
LESSOR shall have no obligations whatsoever except to the extent expressly specified herein.
ARTICLE 10. No es.
Any notice which LESSOR or LESSEE inay be required to give to the other party shall be in writing to
the other party at the following addresses:
LESSOR: LESSEE: -
Board of County Commissioner•$ Children's Museum of Naples, Inc,
c/o Real Property Management Dept, • e/o President
Administration Building P.O. Box 2423
3301 Tarniami Trail East •
N '
Naples, Florida 34106
Naples, Florida 34112 '
cc: Office•of the County Attorney
Administrator, Public Services
Director, Parks and Recreation Department
•
•
ARTICLE 11. Surrender of Premises: Future Lease of the Demised Premises to LESSEE,
LFSSEE shall remove all signs installed by or on behalf of LESSEE immediately upon expiration of this
Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises in good physical
condition, only ordinary wear and tear excepted, and shall be free from liens, security interests, and all other
encumbrances except those, if any, authorized in writing by the Board of County Commissioners. The Board
shall have no obligation to agree to any such encumbrance and such authorizations shall be us the unbridled
discretion of the Board of County Commissioners,
• ARTICLE 12. General Provisions.
•
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the
Demised Premises which would Interfere with or adversely affect the operation or maintenance of LESSOR'S
operations where any such operations share common facilities or otherwise. Rights not specifically granted the
LESSEE by this Lease are hereby reserved to the LESSOR.
ARTICLE 13. Effective Date,
v
This Lease shall become effective upon execution by both LESSOR and LESSEE.
A
•ARTICLE 14. Governing Law,
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This Lease shall be governed by, and construed in accordance with, the laws of the State of Florida.
•
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE; •
THE CHILDREN'S MUSEUM OF NAPLES, INC.
DATED: 12_ in '
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BY )/t (L.S.)
FI
RST WITNESS (signature) JUL.. KOESTER, President
'(print/type name)
401
SECOND WIT (rv'rgnature •
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.AS TO LESSON: •
DATED: e _r to- 2C O3
ATTEST: BOARD OF COt,JNTY COMM!SSTONERS
DWIOH'f•E; BROOK, Clerk COLLIER CO I�iTY, F nA2IDA
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Deputy _ork TOM HENNING, hairmun d�
• At tip t 4.02 ChaInman
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Thomas C. Pa mer
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Assistant County Attorney
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1601 .
Lease 11914
SECOND LEASE MODIFICATION AGREEMENT
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THIS SECOND LEASE MODIFICATION AMENDMENT entered into this day of 1724 ,
2010, between COLLIER COUNTY,a political subdivision of the State of Florida, whose mailing a ress is •
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR," and the
•
CHILDREN'S MUSEUM OF NAPLES, INC., whose mailing address is P.O. Box 2423, Naples, Florida
34106,hereinafter referred as "LESSEE."
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
WHEREAS, LESSOR and LESSEE have previously entered into Lease Agreement dated December 16,
2003,and
WHEREAS, LESSOR and LESSEE have entered into a Lease Modification Agreement dated February 12,
2008,and
WHEREAS,the LESSOR and LESSEE are desirous of amending the Lease Agreement,and
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease
Agreement, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby
amended 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, 2013. LESSEE shall be
responsible for providing LESSOR with a copy of the Certificate of Occupancy issued by Collier
County for the completion of 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, 2013,
then LESSOR shall have the option, upon sixty (60) days written notice to LESSEE, to terminate the
Lease at any time after December 31, 2013, but before a Certificate of Occupancy forth Facility is
issued. If LESSOR exercises its right to terminate under this paragraph, the LESSOR can take
possession of the Facility and all 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 Agreement for nonperformance of the required construction.
3. Except as expressly provided herein, the Lease Agreement between COLLIER COUNTY and the
CHILDREN'S MUSEUM OF NAPLES, INC., dated December 16, 2003 and the Lease Modification
Agreement dated February 12, 2008, remain in full force and effect according to the terms and conditions
contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second Lease
Modification Agreement the day and year first above written.
AS TO THE LESSEE: CHILDREN'S MUSEUM TILES, INC.
� I , �; A Florida it-profit corhor ion ��
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AS TO THE LESSOR:
DATED: ••2
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER Ot NTY, FLORIDA
DWI T.E.,BROCK,Clerk
z
B lti .C�l 4BY:
FRED W.COYLE,Chairman
AtteitsetS:.141 fftiri.It
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Approved as to form and legal sufficiency:
Jennifer B. bite,Assistant County Attorney