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Backup Documents 09/22/2015 Item #16E 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 E TRE 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\londay preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through 42 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 41 through 42,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routine order) Office Initials Date. 1. 2. 3. County Attorney Office County Attorney Office _ C / u.\i 4. BCC Office . Board of County lN� Commissioners \j- / IZ,\,3`6 5. Minutes and Records Clerk of Court's Office E.-- 1 -0311C--- a,tsq1111 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 ,/ // Phone Number 0 Contact/ Department /G,/roc,-- ,G1 i' `'�Y -7 -7 V 3 Agenda Date Item was Agenda Item Number / C -7 '{{{ / Approved by the BCC 9, a-2_ - ` /// Type of Document _--Ain �,`�n � _�- Number of Original / /tT/ Attached / h._e v'I Documents Attached PO number or account 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? • N/A 2. . Does the document need to be sent to another agency for additional signatures? If yes, �, / provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. 11 3. Original document has been signed/initialed•for legal sufficiency. (All documents to be 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 /VA 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 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 r- 5 signature and initials are required. 7. In most cases (some contracts are an exception),the original document and this routing slip r/� should be provided to the County Attorney Office at the time the item is input into SIRE. N` Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. B a ale of your deadlines! 8. The document was approved bythe BCC onj, r•(enter date) and all changes made � :4:PP . .during the meeting have been incorporated in the attached document. The County . &rAttorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the '1,431',014-1 F. BCC, all changes directed by the BCC have been made, and the document is ready for t e 6 a 9�_: Chairman's signature. ` -�n.� 1-Forms/County Forms;BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 126.05,Revised 2.24.05;Revised 11/30/12 MEMORANDUM E7 Date: December 23, 2015 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Deputy Clerk Boards Minutes & Records Department Re: Third Amendment to License Agreement Lease #731 w/St. Matthew's House, Inc. Attached is a copy of the document referenced above (Item #16E7), approved by the Board of County Commissioners on Tuesday, September 22, 2015. The original is being held in the Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1 E 7 • •" "• Memorandum r, (OR OP To: Minutes and Records From: Michael Dowling Senior Property Management Specialist Real Property Management Date: September 23, 2015 Subject: BCC Date: Septembe 22, 2015 Item: 16 E 7 Once the referenced Amendment has been executed by the Chairman and attested by your office, kindly provide me with an electronic copy of the document. Please contact me at extension 8743 with any questions. Thank you. © Attachment as stated • E7 License#731 THIRD AMENDMENT TO LICENSE AGREEMENT THIS THIRD AMENDMENT TO LICENSE AGREEMENT entered into this ZZ day of JA-14e., /J &__ , 2015, at Naples, Collier County, Florida, by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail,Naples,Florida 34112,hereinafter referred to as"LICENSOR,"and St. Matthew's House, Inc., a Florida not-for-profit corporation, formerly known as Task Force for the Homeless, a tax exempt charitable Trust, whose mailing address is 2001 Airport Road South, Naples, Florida 34112,hereinafter referred to as "LICENSEE." WITNES SETH WHEREAS, on August 1, 2000, LICENSOR and LICENSEE entered into a License Agreement regarding the use of twenty (20) parking spaces in the Collier County Government Center parking lot. This License Agreement was subsequently amended on September 27, 2005, and September 14, 2010, in order to extend the term of the License Agreement. Copies of the License Agreement and all amendments are attached hereto and made a part of this Third Amendment; and WHEREAS, the LICENSOR and LICENSEE desire to further extend the term of the License Agreement. NOW THEREFORE, in consideration of the covenants and agreements provided within said License Agreement dated August 1, 2000, as amended, and Ten Dollars ($10.00) and other valuable consideration, said License Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the License Agreement: This License is hereby extended until September 28, 2020, hereinafter referred to as "Extended License Term," and, unless either party gives the other notice to the contrary no later than June 26, 2020, the term shall be automatically renewed for an additional five-year term following the Extended License Term. 1 r.. 1 if . ' 2. Except as expressly provided herein, the License Agreement between LICENSOR and LICENSEE for the utilization of the Licensed Premises described in said License Agreement dated August 1, 2000, remains 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 LICENSOR and LICENSEE have hereto executed this Third Amendment to License Agreement the day and year first above written. AS TO THE LICENSEE: ST. MATTHEW'S HOUSE, INC. A Florida not-for-profit corporation - L AIS+ By: ..► " a► ' Witness (/gnature) "TE EN BROOD F ' ice President of t .- ations (Print N ) 4, __________..._. Witness (Signature) /Win e—YAS-C>,1 (Print Name) AS TO THE LICENSOR: 7_ ...2. .2– 2_o i.) - BOARD OF COUNTY COMMISSIONERS, ATTEST: ''' ''''f' v° COLLIER COUNTY,FLORIDA DWIGHT.E.BROCK, clerk r B By. 1 ev��/ati, est $to Thairma eputy Clerk TIM NANCE, CHAIRMAN signet :.e . Approv. ••,4 7) SA legality: Jeffrey A' 1.41, o` County A t o ' y [15-RPR-02748/1200208/1] License#731 LICENSE AGREEMENT • THIS LICENSE AGREEMENT entered into this I day of or...t — , 2000,between Task Force for the Homeless,a tax exempt charitable Trust,by its and ' ed ltatecutive Director who has been duly authorized by the Trust to execute this License Agreement, whose mailing address is 2501 South Airport Road, Naples, Florida 34112, hereinafter referred to as "LICENSEE", and COLLIER COUNTY, a political subdivision of the State of Florida,whose mailing address is 3301 East Tamiami Trail,Naples, Florida 34112, hereinafter referred to as"LICENSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Licensed Premises LICENSOR hereby Licenses to LICENSEE and LICENSEE hereby accepts the License from LICENSOR twenty (20) parking spaces in the Collier County Government Center parking lot, hereinafter referred to as "Licensed Premises" in accordance with the terms of this License. Said parking spaces shall be designated for the following uses: one(1)handicapped,one(1)loading zone and eighteen(18)regular. ARTICLE 2. Term of License LICENSEE shall have and hold the Licensed Premises for a term of five (5) years, commencing on September 28,2000,and ending September 27,2005. LICENSOR and LICENSEE shall have the right to terminate this bare License with or without cause by • providing the other party with thirty(30)days written notice. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LICENSEE hereby covenants and agrees to pay as rent for the Licensed Premises the sum of Ten Dollars ($10.00)per annum which shall be paid in full for the entire License term and payable Fifteen (15)days from the date of execution of this License by LICENSOR. ARTICLE 4. Modifications to Licensed Premises LICENSEE shall not be permitted to make any changes, alterations, additions or improvements to the Licensed Premises. LICENSEE covenants and agrees not to use,occupy,suffer or permit said Licensed Premises or any part thereof to be used or occupied for any purpose contrary to law or the nils or regulations of any public authority. ARTICLE 5. Assignment and Sublicensing LICENSEE covenants and agrees not to assign this License or to sublicense the whole or any part of the Licensed Premises,or to permit any other persons to occupy same without the written consent of LICENSOR. Any such assignment or sublicensing,even with the consent of LICENSOR,shall not relieve LICENSEE from liability for payment of License fee or other sums herein provided or from the obligation to keep and be bound by the terms,conditions and covenants of this License. all J t-� - IÔE ? ARTICLE 6. Indemnity LICENSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LICENSOR, its agents and employees from and against any and all liability(statutory or otherwise),damages,claims,suits,demands,judgments,costs,interest S 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 properly (including loss of use thereof)related to(A)LICENSEE'S use of the Licensed Premises,(B)any work or thing whatsoever done,or any condition created(other than by LICENSOR, its employees, agents or contractors)by or on behalf of LICENSEE in or about the Licensed Premises,(C)any condition of the licensed Premises due to or resulting from any default by LICENSEE in the performance of LICENSEE'S obligations under this License, or (D) any act, omission or negligence of LICENSEE or its agents, contractors, employees, sublicensees or invitees.In case any action or proceeding is brought against LICENSOR by reason of any one or more thereof, LICENSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LICENSOR shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to LICENSOR. The LICENSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Licensed 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. The LICENSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Licensed Premises or any part thereof, and the LICENSEE agrees to hold the LICENSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LICENSOR or its employees. The LICENSEE hereby acknowledges that the License fee called for in Article 3 of this License has been reduced by Ten Dollars ($10.00) and is hereby considered by LICENSOR as payment of the obligation by LICENSEE. ARTICLE 7.Insurance 11) LICENSEE shall provide and maintain comprehensive general liability, including contractual liability, bodily injury and property damage in am amount not less than One Hundred Thousand Dollars and No/Cents ($100,000.00). Collier County shall be listed as an additional insured on said policy. LICENSEE shall carry and maintain Worker's Compensation Insurance to the extent required by the State of Florida. All insurance policies required above shall be issued and written with a company or companies authorized to engaged in the business of insurance in the State of Florida and authorized to do business under the laws of the State of Florida. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this License Agreement; 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. LICENSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LICENSEE,whereupon receipt of such notice LICENSEE shall have thirty(30)days in which to obtain such additional insurance. ARTICLE 8. Administration This License shall be administered on behalf of the LICENSOR by the Public Services Administrator or his/her designee and on behalf of the LICENSEE by the Executive Director of St.Matthew's House. ARTICLE 9. Reporting During the term of this License,the LICENSEE shall submit to the Public Services Administrator on or before the tenth (10th) day of each month an operations report including the statistical data regarding clients served and enclosing a report on changes in operations of St. Matthew's House, in order to afford the Public Services Administrator the data necessary for the preparation of a report to the Board of County Commissioners when deemed necessary by the Public Services Administrator. The Public Services Administrator shall notify the LICENSEE in writing within thirty(30)days of a receipt of a report of any objections thereto. 4 , �.,� i4,,„e ARTICLE 10. s ontrol and Maintenance In an attempt to act as a good neighbor to adjacent property owners of St. Matthew's House, the LICENSEE hereby agrees to monitor and control its clients and to make every good faith effort to reduce any negative impacts to LICENSEE'S neighbors resulting from the operation of St. Matthew's House on the Licensed Premises. Such good faith efforts shall include,without limitation,trash collection and clean up of the Licensed Premises, as well as reporting all incidents of trespassing or loitering to the appropriate authorities, and meeting with adjacent property owners on a regular basis to discuss the LICENSEE'S operations and its impact on the neighborhood. LICENSOR shall not be obligated or required to improve,repair,or maintain the Licensed Premises in any manner whatsoever. ARTICLE 11 Notices Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LICENSOR LICENSEE Board of County Commissioners Chairman of Task Force for Homeless do Real Property Management Department c/o Executive Director W.Harmon Turner Building 2501 South Airport Road 3301 East Tamiami Trail Naples,Florida 34112 Naples,Florida 34112 cc: Executive Director cc:Public Services Administrator ARTICLE 12. Non-Discrimination The LICENSEE in exercising any of the rights or ptivikges herein granted, shall not on the grounds of race,color or natural origin discriminate or permit discrimination against any person or group of persons in any manner. The LICENSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding,as the United States may direct to enforce this non-discrimination covenant. • ARTICLE 13.General Provisions LICENSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Licensed Premises is limited to that provided to any other business or agency situated in Collier County,and LICENSOR acknowledges that any special security measures deemed necessary for additional protection of the Licensed Premises shall be the sole responsibility and cost of LICENSOR and shall involve no cost or expense to LICENSEE. ARTICLE 14. Effective Date This License shall become effective upon execution by both LICENSOR and LICENSEE. ARTICLE 15.Governing Law This License shall be governed 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 LICENSEE: IASK FORCE FOR THE HOMELESS, DATED: 1 / 3 d e C' ' a tax exempt charitable Trust WITNESSES !! FRANK MEEHAN,Executive Director 11 1 c t-- f r \ G t-x• -‘<-; (Print_Vame) E . 3 j 1 E7 AS TO THE LlC SOR: DATED: X51 t,bD • ATTEST: BO• ' 1 S F COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLI' ' C. ,F RID / BY: ,'Deputy C k T •' J.CON ANTINE,Chairman Attest as to Chairuen's Moultre only. Approved as to form and legal sufficiency: I Thomas C.-P er Assistant County Attorney • 4 t MIL. ;- USE? .. ..: License#731 • FIRST AMENDMENT 1'O LICENSE AGREEMENT THIS FIRST AMENDMENT TO LICENSE AGREEMENT entered into this 7 day of • Stilt's...,ti r r ,2005 at Naples,Collier County, Florida by and between COLLIER COUNTY,a political subdivision of the State of Florida,whose mailing address is 3301 East Tumiami Trail,Naples,Florida 34112,hereinafter referred to as"LESSOR,"and St.Matthew's I louse,Inc.,a Florida not-for-profit corporation, formerly known as Task Force for the llomeless,a tax exempt charitable Trust, hereinafter referred to as and "LESSEE." WITNESSETH • WHEREAS,Collier County and St. Matthew's House, Inc. have previously entered into a License Agreement dated August I,20(X): W I IEREAS,the LESSOR and LESSEE arc desirous of amending the License Agreement; NOW THEREFORE. in consideration of the covenants and agreements provided within said I.iccnse ' Agreement dated August I, 20tX), and Ten Dollars (S10.(X)) and other valuable consideration, said License • Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the License Agreement: This License is hereby extended until September 28,2010,hereinafter refened to as"Extended License Term." 2. Except as expressly provided herein, the License Agreement between Collier County, a political subdivision of the State of Florida,and Saint Matthew's!louse,Inc for the utilization of the Demised Premises described in said License Agreement dated August 1, 20(X). remains 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 WI'T'NESS WHEREOF,the LESSOR and LESSEE have hereto executed this First Antendnrcnt to License Agreement the day and year first above written. AS TO Tb II'LESSEE: ST. MA'!'r'llFW'' 1101 ISE. INC'.. Florida not-for-profit corporation iDA'1'GI)-re' 4,7-1?-6,03 •.— ��f — L . c ,---C.L., –._ ��" - £ — Witness (Signature) VANN R. EI.I.ISON,Executive Director (Print Name) ' ____IAL /-6-2t044,41-4 . Witness(Signature) _ /1/4-44,-..e., 4-n JccS�_._ (Print Name) AS TO'HIE LESSOR: DATED:V�L •.: r, s . . f BOARD OF COUNTY COMMISSIONERS, ATTEST: - COLLIER COUNTY,FLORIDA DWIGItl'E.t3ROCK,Clerk p 13Y�C.tJ IiY:. __` 4L..� w. sigeft lipt , 1161110.1 FRA)W.('OYI.ti,Chairma sigt+ttx� only Approved as to borer and Ie sul icieney: {�v'� r.- I f °Inas C' Pah" r,Assistant('0inty Attorney 4 x0 ') SECOND AMENDMENT TO LICENSE AGREEMENT License#731 THIS SECOND AMENDMENT TO LICENSE AGREEMENT entered into this J 7 day of 2010 at Naples,Collier County,Florida by and between COLLIER COUNTY,a 'lpoliti subdivision of the State of Florida,whose mailing address is 3301 East Tamiami Trail,Naples,Florida 34112, hereinafter referred to as "LICENSOR," and St. Matthew's House, Inc., a Florida not-for-profit corporation,a tax exempt charitable Trust,whose mailing address is 2001 Airport Road South,Naples,Florida 34112,hereinafter referred to as "LICENSEE." WITNESSETH WHEREAS,Collier County and St. Matthew's House,Inc.have previously entered into a License Agreement dated August 1,2000 and a First Amendment to License Agreement dated September 27,2005;and WHEREAS,the LICENSOR and LICENSEE are desirous of amending the License Agreement;and NOW THEREFORE, in consideration of the covenants and agreements provided within said License Agreement dated August 1,2000,and said First Amendment to License Agreement dated September 27,2005, and Ten Dollars ($10.00) and other valuable consideration, said License Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the License Agreement: This License is hereby extended until September 28,2015,hereinafter referred to as"Extended License Term." 2. Except as expressly provided herein, the License Agreement between Collier County, a political subdivision of the State of Florida,and Saint Matthew's House,Inc.for the utilization of the Demised Premises • described in said License Agreement dated August 1,2000,remains 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 LICENSOR and LICENSEE have hereto executed this Second Amendment to License Agreement the day and year first above written. AS TO THE LICENSEE.: ST. MATTHEW'S HOUSE, INC., Florida not-for-profit corporation DATE P• BY:�" Witnes ignature) LOU HOEGSTEAD,Chief Financial Officer In/f,cc--A. 6 6,,,4-?,1 t%t— 400/ WiIreS . /1..1/' (Prin rC� e) AS TO THE LICENSOR: DATED: ./' /./. ,7 / BOARD BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY,FLORIDA DWIGHT EE.BROCK,Ctptk BY/^1�"w BY: W. Mat M M tk FRED W.COYLE,ChairmanU -- Approved as to form and legal sufficiency: Jennifer BIkilite • Assistant County Attorney