Backup Documents 10/28/2025 Item #16B 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 2
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 0l I
RLS Item No. 25-RPR-03948 ` 1
2. BCC Office Board of County Commissioners
(S5ti/ 16fofzs
3. Minutes and Records* Clerk of Court's Office 7,� Y
to:�?a�►�
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of the document(s) to grant.cox@colliereenntyfl:gov
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
16B 2
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
16B 2
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
0111
This indenture made and executed this e.o day of October , 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.
,---
6B 2
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.
1 6 B 2
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: BOARD OF COUNTY COMMISSIONERS
CRYSTAL.K. ,KINZEC;.CIgrk of the COLLIER COUNTY, FLORIDA
Circuit Court and ColNp 'tler
,. BY: -.?:
/hest as to Chairm4D')`' s .putt' Clerk /. ( AL
T L. AUIID •RS, Chairman
siv nnly ,1`,,
AS TO GRANTEE_ rj
eAifili -s4s:
Ort.11111 SUMMIT BROADBAND INC.
Si•t'.-tur- (Witness 1) a Florida cor oration
. .... ).et _ , .! Ck BY: ----,.......-9-).
Prin ed Name _.-
Printed Name: Ka ,E. ;. ,S C ;,.s-rk
Post Office Ac ress: yy
S. , S S ,'Q.r Title: .UP I, sy
/
C.,,, '.-Cia&61°. /16(.0 ,6 /
Signature(Witness 2)
4C2/1/4-. l'-/fik-itb ')* 1
L2_
Printed ame J
Post Office A,ddr ss:S
kei
Approved as IF orm and legality THIS CONVEYANCE ACCEPTED BY THE
WA BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
— . PURSUANT TO AGENDA
i� Assistant County Attorney DATED: tc f i'g ITEM No. 14132-
1 6B 2
STATE OF FLORIDA
COUNTY OF 3LL}CR oa n e
The foregoing instrument was acknowledged before me by means of v physical
presence or Ill online notarization this 11 4, day of `,>t A-emin v-, 2025, by
kur\80.11 Co(trd as Svr' Leta( lst'ccoe .n;.-t;msof SUMMIT BROADBAND INC., a
Florida corporation, who:
• is/are personally known to me;
OR
produced ❑ a driver's license, OR ❑ as identification.
.c. ASHLEY TORRES 0 L) t I
F'
r': '' Notary Public Signature of tary Public
1 o State of Florida _
,✓'
s.
,,,. a Comm#HH62464 + e 17
(,�r mot'
4vcE i9io Expires 12/29/202' Printed Nam
Serial /Commission # (if any): H N (:)-ii 4 7
(affix notarial seal above) My Commission Expires: 12 f 29 /202
ASHLEY TORRES
ra Notary Public
f��'r,_: ` State of Florida
r.,,, .ar Comm#HH624647
E 191 Expires 12/29/2028
(...;/1()
.
EXt-tiCitr A 6B 2
P\e= I ot ,2.
SKETCH and LEGAL DESCRIPTION
UTILITY EASEMENT"
SECTION 30 , TOWNSHIP 48 5, 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 S87°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 1 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 "D", 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.
GUE/2kE O
DATE: 08-14-2025 coo'1 F I ct T<•' PREPARED FOR
THiS SKETCH & LEGAL DESCRIPTION WAS ' r, 6453
PREPARED UNDER MY SUPERVISION. / DRAFTEE HOLDINGS
PREPARED Br:
rSTATE:,OF ¢
SURV' SUR YrY �`i) 'Iiy"��`
95c'5l 5 SW 17 e TO5thTO PORAPN.
rrace.
Suite 236
Palmetto Bay SHEET:1
FL 33157
TEL 786-936-45-40
LB 8594 or 2 SHEETS
1
ExHn ,T & B 2
e
c>,0,6E z o4'2
SKETCH and LEGAL DESCRIPTION
UTILITY EASEMENT"
SECTION 30, TOWNSHIP 48 S, RANGE 27 E
LINE TABLE CURVE TABLE
II
I LINE BEARING DISTANCE CURVE RADIUS DELTA ARC LENGHT CHORD BEARING DISTANCE
L1 _1102•33•081V 125.68 CI 28.82 70'20'45' 35.39 531'41'24'E 3321_-
02 587'26'52AV 16.17 C2 28.82 11'40'24' 5.87 572'41'59'E 5.86
L3 589'48'13'E 66.75 C3 41881 41'51'29' 305.96 566'10'42'E 299.2
Z11 L4 1127'17'09'E 9.41
olo
z1x
i
r'V'
1a Point'A"
LZ 04,
P.O.B
C2
'• Borth Collier Regional Part
L3 Ilo Subdivided
C] Point'D"
Paint"ir Point C - -
C0U�
I
1 S, h_F of M'!4 OF 25-48-2. 25 30 _ _ _South line of lAY#OF 30-48-26_ _ _ —
1Jartn lire of Nil OF I5-48-16 25 3.
Hor lip line of SIV j OF 30-48-26 — ' ./ P.O.T
1 CI West Hall Sec. 30-48-26
I P.O.C '
O Found Iron Pipe Point "F'
I Borth Collier Regional Part
Pio subdivided
I O �
1— a- i
a
I ..
v i O
c I
I v ^ �•
z
\\\
1
I
PREPARED I OR SCALE: 1" =30'
DRAFTEL HOLDINGS
PREPNWD or LEGEND:
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
PAT. POINT OF TERMINATION
S U RV Y F.P.L. FLORIDA POWER & LIGHT
GCAI •oroaeerllr P.B. PLAT BOOK
9555 SW 17st11 Terrace. CENTER LINE
Suite 011W OVERHANG WIRE
Palmettoto Bay SHEET:2
Ft 3315/ P/L PROPERTY LINE
ICI. I86-936 45-40 CPP CONCRETE POWER POLE
LB 8594 OF 2 SHEETS
16B 2
EXHIBIT B
LEASE A(.IREEMENT
'MIS EASE A(3KBI MENT ("Icon") entered Into this (�1111�tiny ob rrKJrt 20u3 between the
►HIL.l)RiN'S MUSEUM OP NA.PI,E,S, INC. ("LESSER") whose mailing address is Pt) box 2423, dNnples,
Honda.34l Ob and COLLIER COUNTY,u pobue tl subdivision of the Site of l9 uitia,whose mailing riddruss Is
1301 Emu Tunrltunl foil,Narks.I`lrrridn 34111.herd nnl'trrreicrnd in tut"LESSOR."
W i'l NESS ETU
11111 PART tI:S r1URFIL:AS FU1,I.01VS:
ARTICLE). Ucuntsel Praniiggh,
(A)ti SSCEI agrees to l.cuse t►ppioximutolytwo(2)acres iia thaterihed In Exhibit "A"which Exhibit is
atiaelicd lu:rciu and made o purl humid, herein called the "Demised ('remises," shuttled in rolller craftily,
Florida, for the purpose of Limn in fully fund.construCr.rep rnie and mainluin u twenty thousand(20,000)
sl(uae font building only us n[Entrees' Museum(the"Ninthly") for used coutnumty and normally eseoctotexl
with u t'Itikhcnrl° Museum, No"auto"or Daher iwutiiug cat unitnals is being autismIzed. LESSEE may expand
the size of the Facility subJeui to LESSOR'S prior exposed written upprovul, mid to Include ahead narking
and lunrlecuping. As the underlying lend is totued "Park" LESSEE: may curve alcoholic beverages during
infrequent I'undatieing events, LESSEE shall alas be purtniltetl In contruel lot (or conduct due I i)
:o wession/gill.shop and the proceeds shell be revenue to LESSFAL
Iti) LESSOR ugrees to allow LESSEE'S overflow parking to utilize the bran Indlcuted na 'NNRRP Bus
Parking'on Exhibit"A"as'Shaved Parking'.
ARTICLE 2. Term or Lewin.
(A)LESSEE hereby Leases for u taros ni 'Thirty(30)year,;commencing on January I,2(1)4 end ending
I)tticmher 31,21)34(the"Initial'term").
1E)LESSEN is grunted Iinur(4)additional(separate)fiileon(l5)year ronowul tented lilt lowing the Initial
tidily (30)year term. This Lease shell uutoniutically renew for each successive r ncwa) fifteen(15)year term
under the same terms and conditions,ru;pmvldtd herein,including as to the rental amount,as provide(herein,
unless LESSEE.notifica LESSOR,In writing,of ha intention not to renew this Lout:,which notice must actually
he delivered to 1,H_ySOR nut less than one hundred eighty(la))days prior to the expintiluu of the then current
Jesse term. Nottvitlenutding,if LESSEE is in default under on the terms and conditions of This Leese prior to
the aspiration leasehold Mute hereby created or renewal tam'then in cffed,LESSOR shall have the tight not to
renew this Lease by prnvldlhg LESSEE with Native or such Intent not to renew not less than one handrail eighty
1180)days prior to the expiration of the initial term,or the renewal torn, then In effect. Said notice shall he
effective upon actual iecelpt by LJ3SSIM3,
ICf LESSEE agrees to complete the proposed Facility on or before the fifth year of the couunencoment
date of this Leese, LESSEE ,hull be responsible far providing LESSOR with n coley of the Certificate oh'
Occupancy Issued by Collier County for the Facility.
CO)If after the filth year or this Lease,LP,SSEE has not ucttatlly fully completed the proposed Fnoility ut
the t)enihted PrerniseEs this Lease shall be null and void end LESSOR, If it so elects, may renegotiate a new
s.flASII AOREP.MENT with LESSH13 for the intended purpose of this Agrocmcni, et' in the alternative,
L135SOR can elect to hike possession of the improvements the on the Demised Promisee without crnnponenthtg
I,i3SSHE in tiny way. Upon issuance of a Certificate of Occupancy, lire County shell have no further right to
declare this Loam null and void for non•perfom►nnuu of the required construction.
(13)The Hourd of County Commisslonurs,as a Iasi resort, reserves its right to terminate this Leader fat
ague, upon pi'ovklitin to LESSER ui least one hundred and eighty (180) duys prior written notice is tudly
delivered lu LESSEE at the mulling witless rind forth 1n ARTICI.L B(or then substituted"notice address").Snld
notice shrill he effective upon actual receipt hy LESSEE','1"erminutlon fur cause shall Ire a)oat resort and shall
out be exercised unless LESSOR has provided LESSEE with odvance wrhtum notice or coot) stwlt riolntinn(s)
end has afforded LESSEE(reasonable time to cure till each rtolicwd curable violations,or in cite avenl LESSEE
violates this Leese by tromorliting one or more ututorhel, non.eurnble viuluulon(e). Any unauthorized use by
LESSEE shall he a"niacin'violation"tuud Shull be Independent gmuods for termination by LI'SSOR for cause.
if termination for couto Is examined hy Ll1SSOR,LESSEE shell rrtirrunder the Facility cal nil lixture anti nun-
2
fixture improvements to LESSOR without cast or expanse In l.BSSt)R, mid the Peellity mid nil such
im{rimunienis shall become diet ehmlutc property of LP'St)lt.
(N)The Facility and all other fixed mu ivurnente to the Demisted Premises shell automatically,and ill ai
usi to I.HSSOR,heroine solo properly of LESSOR upon terminntion of I b Lcww.
A ICI LCLE 3, RCM, •
L1 SSI3f3 hereby t:uvenunts oral agreed 10 puy al rent for Zhu Demised Premises the mint tit rhos I Lundred •
llotlurs l$100.1Xi)per uuuom, The rani rot ilia Ent ten 110) louse years (SI,00())Hlrull be paid to LESSOR •
within ten wookdnyrr of 1.t:SSOR'S execaillrui of thie Leehe.'lhtereafter,the annual rent Shall be puitl in Cull not
later then tidily(30l days Iultuwiag the aarnivcrenry dale nl'the execution of this Lease by LESSOR,end,:ball too
puid to I.1:S OR not later there the anniocrstay date of the utrrnaa:rrcentent dale of this gate for ouch your
thrnutler.
A:it'I It.'L.f3 1.1,S5131:5'Other Jinlr ,a
IA) LESSEES shall pay to the LESSOR one half t1/2)of LESSOR'S total expenses to develop bilked
"Inlrtistrrmiurd'ua Indicated on Exhibit p,including LESSOR'S costs of engineering,not!l.11SSOR'S costs of
utrastnfclrru of Inpresr/rgreas, parking i'ucilillcs, site develofrmcnr, weior and wntuuwater Noddies, electric
service Facilities and hook-ups, Surface water management end landscaping.It is anticipated that those custe by
LESSOR should nut exceed$BOD,(K►)mid,thcrefoio,LESSEE'S CMIS for title Infrastructure is iw1 anticipated to
exceed$400,O0O, 7'l►as,ai oasis shall he paid by 1.i:Slal3U to LESSOR promptly alter LESSOR delimit invoices
for flume to LI3SS1If3 from those-to-time. •
113) LESSEE shod be responsible for its pro-nun shuru of any ongoing muiutennnee or fnuuw
nutintenence costs or expenses related to the Shared Parking Area dint IJ3SSOR only elect In complete. 11r1s
may include,but not be li►nited to'eprtvbtg,complying with any future coda issues or watermunugumeitl Isaacs.
(C) 1.IiSSBE shall also be responsible for the sole corn and expense of monthly costs related to
electricity, air rxrnditlanring, water, sewer, pest control, telephone and other communications. truth removal,
janitorial services and Iuudecuping used, rendered or supplied to tiro Demised Promisee throughout the life of
this Buse
AR'IYCLI35. �.' fnrni frr,�t,
1.1iSSIIE maws that:
I,'Hite Facility will be open in the general public hut reasonable admittance lees may he required.
2, LESSEE shall pruvlde the Public Services Administrator and the Perks and Recreation Department
i)ircctor with construction plans fax the proposed Facility.LESSOR Shall reViow the plans and provide written
upprovirl or tbsapprovui within thirty days to I.!SSEU prior to any construction by LESSEE to ensure that the
exterior of the proposed Irncility, and that till related improvements such on lntldacapfng,lighting and parking
onus,are utunpallblu with Lf3SSOR'S improvements and srebiicchtti'ul style at and near qre Demised Prturrialos.
Upon review of LESSi31i'S eland by LESSOR, LESSOR shall provide L13551313 with written rootlet of any
uunttruction scheduling conflicts that in LESSOR'S opinion may be caused by LESS)3R'S constructioh at aim
i)emiscd Premises that may hinder tauinlenance and/or operations at or neer the Demised Premises,
3.L.ESSCl3 trliell totally complete the proposed Fuellit.y.whereby In the normal course of events a normal
Certificate of Occupancy can be Issued to LESSEE) by LESSOR not later then the rim (5t11) year from the
commencemcni date of ihls Lease, or this Lease may be declared by the Board of County Commissioners to
have heaome null and void for such non-ornpilancc by LESSEE.
4. Any and all improvements must be In accordance with all thou npplicutrlo loon), Siete and Pedortal
Lows.rules and regulations.
5.11'LFSSI:E.stall engage in fund inkling tuWivitles,LESSEE will strictly comply with and any tilt laws
and regulations appiicuble to fund avlshrg activities and County will not be responsible in tiny way for any
i'undniteing activities or minrbmserirents,
.
2
1 6B 2
ARTICLE 6. indemnity.
("\!LESSEN In consideration of Ten Donors($10,0D), iha reveipt unit sirffb leney of which is hereby
aelaiewludgesi,shell Indemnify,defend and hold Ninnies'LESSOR,its agents and employees from unil opwinst
any sod n11 liability(tantutory or otherwise), dninagcs.chorus,ALMS, denrluir ,judgments,coats, itueroS( and
expenses (including, but no limited lo. uttorncys' fees and disbnrsunaurnts both 01 hint And appellate !eyelet
twisting, dimetiy or indirectly. fraur Any injury to, or detail of, any portun tir pennon' of [Imlugae to property
(including Inca ui use thereof) related to (i1 'ISSUE'S use of the l)oinisad Premises, (ill n+ly work or Ihing
whurssn:vei duce or any condition omitted(other then by LESSOR, its employees,u1;4111i or conitrx:lorx)by or
on liebull ul LESSEE in or about the Demised Premises,(lilt uny condition of the Demised Premises due to of
resulting from any defuuit by LESSUi In the porromtanoe of LUSSEE'S obilgul ems under ibis 1..ente,or(iv)
irny act, omission or negligence of LESSEE or Its agcids, coninu;Inrt,, employees, aubtenwis, or LESSEE'S
Invitees. In cute any adios or proceeding is brought Against LESSOR by reason of:toy one or more thereof,
l.HSSIIIt Abell tray ail coats,attorneys' fees,expo oae5 and!luhllities resulting therefrom ttnd shall defend such
uution ur proceeding if LESSOR shell so cuquest.ut LE,SSi3E'S expense, by cnautnel ieosnitably sutist)aa iory to
L.I SSt ill.
(13) The LESSOR shall not be liable for any Injury or delouse to person or property unused by rho •
Cienrunln or by (+thcr pciatntt, In Lira I)arntyccl Pra:rniia , of from Lk :tics:►or sub-Surfuwe, rn inun any other •
•
place,ix'Jot'any interference unused by opuratiuns by of for a govcnuncidul uutis miry in consttuctton of tiny
public or quid-public wits ks. •
4C)The LESSOR shell not be(bible for any damages to or loss of, Including lobs doe to petty theft,any
•nruperty,occurring un the 1)et'niacd Prertrissee or ony part thereof,and the LESSEE Agrees to hold the LESSOR
nunrtleas from say claims for(Limoges.except whore such damage or Injury Is the result of the gross negligence
or willful misconduct of the iJ.SSOR or its employees.
AR'i'1CL.ii 7. )asuranee,
[A) LESSEE Abell provide and irmintuia general liubiliry and property Nobility Inaurutee polky(fes),
approved by die collier County Riak MunaLetttent Department, for not less thus Three Ilund►cd Thousand
Dollars Lunt ;tuft.:enis (S30O,000,00)combined single (limits during the temt of tills Agctaamenl. In addition,
• LESSEE shall provide and maintula %Yorke:ea Compensation Inatinince eavaring all employees meeting then
inininurm requiter) Statutory Limits in cowplhtis a with the they uppiicable Ploritht and, if applicable, federal
luws. 'I he coverage shell Include Employer's Liability with u minimum limit of One noodled S houaund Dollen
and i Irt/Itlt)Cents($100.000,00)each acotdcnr,
IR).'3uuh Maumee pollcy(tes) shall list Collier County as un additional Insured thereon. Evidence of
such !Murans:0 shall be delivered by LESSEE to the Collier County Risk Management Department,3301 East
Tandem' 'Tall, Administration Building. Naples, Plt)ridu, 34112, for approval within thirty days from the
axmtion of this Lease by both parities:end shut)include a provision noquiring ten(10)days prior written nett('
to Colllet County do County Risk Management Dopunrncnt In tine avant of cancetlulon or changce in
poiluytiusi euveni e.),IiSSOR reserves the flub;le rouannubly amend the Insurance iv:gob/inert'by lssttauoe of
brotiuc in writing to LI?S.SEE.whereupon receipt of such notice I 4SHE shull have thirty(30)days in which to
Abtura roach tulditIutinl insururrec,
ARTICLE 6, peJ ult by LESS'J
(A)Failure of LESSEE to remedy any non-compliance of this Agreement ent within sixty(CO)days from receipt
or LESSOR'S written notice eluting the non,00mpliuuce shall constitute a default,whereby LESSOR may,wits
absolute diecrelion,terminate drls Loreto by giving Lb3SSI313 tidily(30)days written notice toilets the default la
&illy cured within than minty(60)day notice period(ur each additionarl tlntc as is reasonably required to cermet
such default),ltowever,the occurrence of duty of die following eveitra shall constitute a dofautt by LESSEn,end
rule Leahy maybe immediately torrninated by LESSO)Z esscept to the carom then prohibited by haw:
(1) Pnlsl(lcution by LESSEE oi' in agent of I.t3SSSB of any report required to !o lUrni>,liod to
LESSOR potation to the terms of ibis Lease.
(II) Filling of lnsolverwy,reorgaanlxalion,plan or nnungunreni of bankruptcy.
(l3)In the event of the occurrence of any of the foregoing defaults in this ARTICLE 6,LESSOR,In addition
lu soy other r)ghla end remedies It may have,shell have the immediate right to re-enter and turnovc tail signs
horn the Demised Menthes.Such property may be removed and sauced in a public wurch ouse or elsewhere at
.3
16B 2
tax:coot of and for the account of LESSBE,all without service of nonce or resort to legal prncess and wlhuul
being deemed guilty of trespass,or being liable for tuty loss or damage vtiticlt may be ot:castoned thereby.
ARTICLE 9. 9.1211gtging k s.
LESSOR slush hove no obligations whatsoever except to the extent expressly specified herein.
AR'I 1C.'I.E It).Notices,
Any notice wiiieli LESSOR or I,kiSSRLi luny be required to give to the other pat ty shall be itt writing to
Ilse<xher'tiny as the following addresses:
LESSOR: 1.ESSN K:
Hoard of County C<mimissiunorb Children's Museum of Naples,Inc.
c/u Real Properly Munugarnutit Dept. c/n President
Administration Building P.O,Box 2423
3301 Indent{Trail I iti Kepley,FIoridis 34!(1G
Nuplcb,Plolids 34112
cc: Ofilce of the County Ailorney
Administrator, Public Services
131reemr,Parks and Itccreation Depursln nt
ARTIC:LIi 11.Atlnnlider ,of Pfgigjgr,kfntur>~I gttr,_affix jlemiggamujittigudirik,
I,PSSPE shall remove all signs Unrolled by or on behalf of LESSEE immediately upon expiration of this
Louse and alndi tlalfvei'Up and summer to LHSSOk possession of the Dcmiavd Pnernfeua in Ruud p'hyaicul
condition,only osdlitary weer and tour excepted, aid shall he free from liens, aecurisy intervals,and all oihos
asiCunlht'enccs except Ihubt:, if any, uuthoriztal nil wtitin$by the Hoard of County Cunnnis lciiers, The Board
shall linve no ubliuuliun 1u sigma to nay snub uncumhiunce and such authotizationa blt<tli he IIN thu unbridled
discretion of thu Bawd of County CMnrn{aahuimA.
•
ARTICLE 12. Oeuennl ProYiaittns.
Id153H1 expressly agrees for itself, Its successor tmd assigns, to tefreln from any and all use of tltr
Demised Premises which would interfere with re adversely effect the operation nr maintenance of LESSOR'S
operations where any such operations share ecisninen facilities or otltorwisc. Rights t►o1 specifically granted the
LESSEE by this[ease eta hereby reserved to lhu 1.,E,.SSOlt.
ARTICLE 13. lif' ;Uryg J,mg
This lease shell become effective upon esocutlon by•buth LESSOR read LItSSE .
AR'1'1t:1.6 14.! overning 42W,
This Lease shall be governed by,and construed in acentt tinee with,the laws of the Shoo of Pknida,
IN WITNESS WH.HR1 OF,the ponies hereto hove hereunder set forth choir bonds and sods.
AS TO LESSP.E:
hE CHILDREN'S MUSI3IIM OF NAPLES,INC.
DATED: 11 ..Let ,-•,
( )
1111tS 1WITNESS(signature) JULIE KOESTI3IR,President
11 i'rt,i ll:I I
(print/type name) /
• Tit. 1: •1! ''6.• i ,t;� fir
sr1Ct,Nn Wrri,les (signature).
y+;tiltLil� tiYtr1i'IE'/7 .i'r.tt.,J1. 1`
(prlitt/type nomu)
0
1 6B 2
AS TO LESSOR:
DATED: I -no-
A'I"l'f357': BOARD OP COI,ATY t;(} MISSIONl Rs
OW101i7'1s,BROOK.Clerk COLUBK(L' )yy TY,l ' 1DA
Deputy ark TOM E#'NNING, futlrmun
Attl#t 06 to Mimes
*Ipneturs only.
Approved us to form un g sufficiency:
tomps C.Painr r
Assistant County Alluniey
•
166 2
'At'. 15. 2004 10:3/AM — NV. OIHU 'r. I I
• . • . 0 • 0
r:
RESOLUTION 2003 - 459 '
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLI.IFR COUNTY,
FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
THE CHILDREN'S MUSEUM' OF NAPLES, INC. FOR USE OF COUNTY-OWNED
PROPERTY AT THE NORTH NAPLES REGIONAL PARK
•
WHEREAS, the Children's Museum of Naples, lnc. ('Museum'), desires to lease
approximately „?jlc 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$100; and •
WHEREAS, the Board of County Commissioners believes and finds that this land
("Demised Premises") is required for the Museum's use and is not presently needed exclusively
for County only purposes. •
NOW THEREFORE,. BE IT RESOLVED BY THE BOARD OP COUNTY F
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
!. The Board of County Commissioners hereby
M approvesm of Naples,attacheda In Lease Agreement
between Collier County and the Children's
2. The Chairmanthof the Board
ecut the attached Lease Commissioners
Agreemeitt on Collier
behalf of the Board..ts
•
hereby authorized to
This Resolution adopted this lue . day
o�'[�`(lb'Y2003 after motion, second and
majority vote in favor of adoption. .
ATTEST:. cloi,01) • BOARD OF CO T IC C MMISSIONERS
DWIGEIT i�;'�$Y20C1C;.Gm�k(` COLLIER C TY, R1DA
• � ���-� ` D,G AY: tri--
BY' • r- , It• • TOIo'I HENNING, Chairman
:, •: • epufy,S' erlc•
AttesE,ti'•to Cha1`yrisalt,'i
s ignaturg'�> 1�/;, ,_\•."'
Approved as to form
and legal sufficiency:
Th mas C.Palmer,
1sslstant County Attorney
1 6 B 2
• • 410 •
6 23
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 Tamiami 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
16B 2
• • •
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 ,Presi ent
(print/type name)
SECOND WITNESS (signature)
(print/type name)
AS TO LESSOR:
BOARD OF COUNTY COMMISSIONERS
ATTEST: ;.: COLLIER COUNTY, FLORIDA
'• DWIGHT E.BRpXK,Clerk
O/� , � By:
.. A. ,(�-G . an-
. Attest d•:� t uty Clerk Tom Henning,Chairman
' •
;: Ovate* oil'.
Approve as to form and legal sufficiency:
rTho as C.Pa or
Assistant County Attorney
F.1.0x1kRtlW ttllGiid'rSh MmourAleaa.Medi6u11a Unstrung.dm
Lease Modification Agreement
Page 2 of 2
1 6B 2
S , 1`(
LEASE AGREEMENT •
�
"HIS LEASE AGREEMENT �'�
CHILDREN'S MUSEUM ("Lease") entered into this if�� day ol�LCtY►It.-
OF NAPLES, 'INC. ("LESSEE" wng Box 423, Na the
i turida:i4l06 and COLLIER COUNTY, a political subdivision oot'th State of Florida,addr mailingwhoss is• se B udiIress is
.3301 East Tamitmti Trail, Naples, Florida 34 1 12, hereinaher referred to us "LESSOR." 3, Naples,
•
• WITNESSETH
•
THE PARTIES AGREE AS FOLLOWS: •
ARTICLE I. Demised Premises.
•
(A) LESSOR agrees to Lease approximately two (2) acres as described in Exhibit "A" which Exhibit is
attached hereto and made a part hereof,. herein culled the "Demised Premises," situated in Collier County,
Florida, for the purpose of LESSEE to fully fund, construct, operate and maintain a twenty thousand (20,000)
square foot building only as it 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 related 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.
•
(B) LESSOR agrees to allow LESSEE'S overflow parking to utilize the area indicated us 'NNRP Bus
Parking' on Exhibit "A",us '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 31, 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) ycur term
under the same terms and conditions, as provided herein, including as to the reptal amount, as provided herein,
unless LESSEE notlfies 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, nay renegotiate a new
LEASE AGREEMENT with LESSEE for the intended purpose of this Agreement, or in the alternative.
LESSOR cart 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 Inst resort, reserves its right to terminate this Lease,for
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 addressl'). Said
notice shall be effective upon actual receipt by LESSEE. Termination for cause shall be a lust 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 cut-able violations, or in the event LESSEE
violates this Louse by committing one or more material, non-curable violation(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 causo is exercised by LESSOR, LESSEE shall surrender the Facility and all fixture and non-
16B 2
, v.-•• I,. <VV'T JV.JI!WI
••
fixture improvements to LESSOR without cost'or expense to LESSOR, and the Facility and all such
impro%ements shall become the absolute property of 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 ns rent for the Demised Premises the sum of One Hundred
Dollars ($100.00) per annum. The rent For the first ten (10) lease years ($1,000) shall be paid to LESSOR
within ten workdays of LESSOR'S execution of this Lease. Thereafter, the annual rent shall be paid in full not
later then thirty(30) days following the anniversary date,al'the execution of this Lease by LESSOR, and shall be
. paid to LESSOR not later then the anniversary date of the commencement dolt of' this Lease for each year
thereafter.
ARTICLE 4. LESSEE$' Other Expenses 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 rind 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 infr•asti•ucturc 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 Area that LESSOR muy elect to complete. This
may include, but not be limited to repaving, complying with any future code issues or water munrrgernent 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 of
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,proposcd 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 ar•chitectur'ul 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 Board of County Commissioner's to
.huve 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 end Federal
Laws, rules and regulations.
5. Il'LESSEE shall engage in Fund raising activities, LESSEE will strictly comply with and any hit lows
and regulations eppiicuble.to fund raising activities and County will not be responsible in any way for any
fundraising activities or reimbursements.
•
•
16B 2
• Skr. 15. Luu4 tu:]LMM W. 6190
•
ARTICLE 6. �t ernnity
(.A) LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold.harmless LESSOR, its agents and employees From and
against
any and all liability (stututory'or otherwise), damages, claims, suits, demands, judgments, costs, interst 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 contructut's) by or
on behalf of LESSEE in or about the Demised Premises, (iii) any condition of the Demised Premises due to or
resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease,'or (iv)
any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, or LESSEE'S
invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof,
LESSEE shall pay all'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 satisfactory to
LESSOR.
•
(E) 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
'roperty, occurring on the Demised Premise's or any part thereof', and:the LESSEE agrees to hold the LESSOR
narmless 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 shall 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) combing-single limits during the term of this Agreement. In addition,
LESSEE shall 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
laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars
and No/l00 Cents ($100,000.do)each accident.
(13) 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 front 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) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of
,notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to
'btain such additional insurance, •
•
ARTICLE 8. Pefault 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 diseretion;'tet'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 law:
(i) Falsification by 1-PSSEE 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
16B 2
arr. IJ• [VV4 IV:Willi NU. OIHU N. /
•
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 may be occasioned thereby.
ARTICLE 9. ObligalJons by LESSO •
•
R. •
LESSOR shall have no obligations whatsoever except to the extent expressly specified herein.
•
ARTICLE 10, a es. •
Any notice which LESSOR or LESSEE May 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 Commissioners Children's Museum of Naples, Inc.
c/o Real Property Management Dept. t/o President
Administration Building P.O. Box 2423
3301 Tarniami Trail East •
Naples, Florida 34112 Naples, Florida 34106
cc: Office'of the County Attorney
Administrator, Public Services
Director, Parks and Recreation Department
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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,
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• 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,
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This Lease shall become effective upon execution by both LESSOR and LESSEE.
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'ARTICLE 14. Governing Law,
This Lease shall be governed by, and construed in accordance with, the laws of the Slate of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE: •
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THE CHIL.DREN'S MUSEUM OF NAPLES, INC.
DATED: I f C ' , • —-�
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(L.S.)
FIRST WITNESS (signature) J14. KOESTER, President
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:•,..AS TO LESSOR.:
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DATED: D003 •
ATTEST: . .• . BOARD OF COS,iNTY COMMISSIONERS
DwraEn.t! Bkit:SCIC, Clerk COLLIER F'" ()AIDA
BLUUL' ' P•C • BY:
Deputy CJQrk • TOM HENNING, hairmun j•-"
• kttistimia Chairman's
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Approved as to form un ga sufficiency:
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Thomas C. Pa mer • • •
Assistant County Attorney
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Lease 11914
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SECOND LEASE MODIFICATION AGREEMENT
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THIS SECOND LEASE MODIFICATION AMENDMENT entered into this day of r'Y�4 , •
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 3 I,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.
r A Florida IN-profit corpor ion
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AS TO THE LESSOR:
DATED: 0."--- Q J--• /J
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER 7ITIY, FLORIDA
DWI T E.,'BRO'CK;Clerk k w (_„- jts,
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B (,ti�C�1�V %� --t BY:
,u lei_ ,::2,;:_:' t' FRED W.COYLE,Chairman
Approved as to formor and legal sufficiency:
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Jennifer B. hite,Assistant County Attorney