Agenda 01/12/2016 Item #16E 2 1/12/2016 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve a Termination of Facility Lease Agreement with the District School
Board of Collier County for leased property in Immokalee on behalf of Transportation/GMD.
OBJECTIVE: A Termination of Facility Lease Agreement is required in order to terminate a Facility
Lease Agreement for property which has been utilized by the District School Board of Collier County at
the Immokalee Road and Bridge facility on Stockade Road,Immokalee.
CONSIDERATION: Since 1989, the District School Board of Collier County (School Board) has
leased 31,250 square feet of vacant land from Collier County for the purpose of operating a school bus
parking and maintenance area facility. The subject property was within the Immokalee Road Maintenance
facility on Stockade Road. The School Board's rent,which was $1,584 for the current year, has been paid
in full.
At this time,the School Board no longer requires use of the leased property and the property will be used
by the Transportation Department. The termination shall be effective as of January 12,2016.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT: There is no Growth Management Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approves the attached Termination
of Facility Lease Agreement and authorizes its Chairman to execute same.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments: Lease Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to approve a Termination of Facility Lease Agreement
with the District School Board of Collier County for leased property in Immokalee on behalf of
Transportation/GMD.
Meeting Date: 1/12/2016
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
12/7/2015 9:49:01 AM
Submitted by
Title:Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
12/7/2015 9:49:02 AM
Approved By
Name: pochopinpat
Title: Operations Coordinator,Administrative Services Department
Date: 12/7/2015 10:01:18 AM
Name: Mott Toni
Title:Manager-Property Acquisition&Const M,Facilities Management
Date: 12/8/2015 11:12:22 AM
Name: LinguidiDennis
Title:Division Director-Facilities Mgmt,Facilities Management
Date: 12/9/2015 9:39:24 AM
Name: GossardTravis
Title: Division Director-Road Maintenance,Road Maintenance
Date: 12/10/2015 11:20:16 AM
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Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 12/15/2015 1:50:39 PM
Name: PriceLen
Title: Department Head-Administrative Svc, Administrative Services Department
Date: 12/18/2015 4:55:39 PM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 12/21/2015 8:48:01 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/21/2015 2:22:16 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/27/2015 11:44:44 AM
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TERMINATION OF FACILITY LEASE AGREEMENT
School Bus Maintenance Facility—Stockade Road in Immokalee,Florida
This Termination of Facility Lease Agreement ("Termination-) dated this day of
, 204/is by and between the District School Board of Collier County,
Florida (the "District") and Collier County, a political subdivision of the State of Florida
(the "County").
Recitals
WHEREAS. the District and the County entered into that certain Facility Lease
Agreement, dated February 2"d, 1989, and attached hereto as Exhibit "A" (the
"Agreement-) for the purpose of allowing the District to construct and operate a public
school bus parking and maintenance facility on County property;
WHEREAS, in accordance with the terms and conditions of Article 5 of the Agreement,
the District has constructed a school bus maintenance building (the `Building") and shall
deliver up and surrender the Building to the County in accordance with Article 15 of the
Agreement upon the expiration or termination of the Agreement;
WHEREAS, the District has acquired and is operating another school bus maintenance
facility in the Tradeport Technology Park, located in Immokalee, Florida and now desires
to terminate the Agreement and deliver up, surrender and turnover the Building to the
County; and
WHEREAS, the County accepts the District's early termination of the Agreement and
the surrender and turnover of the Building.
NOW THEREFORE. in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged,the parties herby terminate the Agreement as follows:
1. Termination of Agreement. The parties agree that the Agreement shall be
terminated on January 12, 2016 (the "Termination Date") and that the Agreement
shall be null and void and of no further effect as of that date.
2. Surrender of Building To County. On the Termination Date, the District shall
deliver up, surrender and turnover to the County the Building, broom cleaned and
in "as is" condition, and the County shall accept the Building from the District.
The District shall also provide and deliver to the County all the keys to the
Building on or before the Termination Date.
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IN WITNESS WHEREOF, the parties hereto have caused this Termination to be
executed by the appropriate officials, as of the date first written above.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk By:
TIM NANCE, Chair
Approved as to form and legality:
Jennifer A. Belpedio c>.
Assistant County Attorney t�
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY,FLORIDA
By:
KATHLEEN CURATOLO, Chair
ATTEST:
KAMELA PATTON, Superintendent
District General Counsel Approval:
By:
Jon Fishbane
1
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FACILITY LEASE
THIS FACILITY LEASE AGREEMENT is entered into this 2nd day of EXHIBIT
FEB. , 1989, between the SCHOOL BOARD OF COLLIER CX3[NTY, hereinafter
! 40110
referred to as "LESSEE'", and the BOARD OF CXXJNIY Ct**ISSICNERS OF COLLIER
CCUNrY, FLORIDA hereinafter referred to as "LESSOR", and sets forth the li•�\
terms and conditions for utilization of property located at the County
Learn Facility, Innokalee, Collier County, Florida.
W I T N E S S E T H
WHEREAS, The LESSEE needs to utilize a parcel of land located at the
County Barn Facility, lemokalee, Florida for use as a site in which to
locate a public school bus and maintenance area facility; and
WHEREAS, The LESSOR has a parcel of land that may be leased by the IESSE3r
for a public school bus and maintenance area facility;
NOW T1iFREFORE, the LESSOR and the IFSSEE agree as follows:
ARTICLE 1. 12cel____Ennieees.
In consideration of the payment of rents and the performance of the
covenants hereinafter set forth, LESSOR hereby leases to LESSEE and 'ESSEF
hereby leases from LESSOR the county-awned property described as part of
the NE 1/4 of the NW 1/4 of Section 15, Township 47 South, Range 29 East,
Collier County, Florida as recorded in Official Record Book 99, Page 199
better described and shown in Exhibit "A", attached hereto and made a part
hereof, and known as part of the County Barn Facility, Immekalee, Collier
County, Florida, hereinafter referred to as the "Devised Premises", for
the sole purpose of operating a public school bus parking and maintenance
area facility.
ARTICLE 2. Perm of Lease
1i3SCE leases the above-described property to have and to hold for a
term of forty (40) years, commencing on ape 1. 1989 and ending May 30.
2029.
ARTICLE 3. Mini mum_Eeryt
LESSEE hereby covenants and agrees to pay as minimnn rent for the
Demised premises the sum of Seven Hundred Eighty and No/100 Dollars
(5780.00) for the first year of operations. On the first day of the
second year of this Facility Lease Agreexht and each year thereafter, the
basic yearly rental set forth in Article 3 hereof shall be increased for
the ensuing one year period in the same proportion that the Consumer Price
Index for Urban Wage Earners and Clerical Workers-United States City
Average, all Item-Series A (1967=100), United States Department of Labor
had increased for the preceding year. However, in no event shall the
annual minimmi rent be less than Seven Hundred Eighty and No/100 Dollars
($780.00) nor shall any yearly increase be greater than 10%. In the event
that the Consumer Price Index ceases to incorporate a significant number
of items, or if a substantial change is made in the method of establishing
such Consumer Price Index, then the Consumer Price Index shall be adjusted
to the figure that would have resulted had no change occurred in the
manner of computing such Consumer Price Index. In the event that such
Consumer Price Index (or a successor or substitute index) is not
available, a reliable governmental or other nonpartisan publication,
evaluating the information thereto for use in determining the Consumer
Price Index, shall be used in lieu of such Consumer Price Index.
Each year's rental will be used to cover the expenses of water,
sewer, electric and garbage services and any other expenses incurred by
the LESSOR.
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ARTICLE 4. LESSEE'S t)e u1t in Faye
In the event LESSEE fails to pay the rental, fees or charges as
required to be paid under the provisions of this Facility ;ease Agreement,
failure to pay shall constitute a default and LESSOR may, at its option,
terminate this Agreement after ten (10) days written notice to LESSEE,
unless the default is cured within the notice period.
ARTICLE 5. Modifications to Demised Premises
IFSSEE shall construct a maintenance a building, no 1 than one see
thousand (1,000) square feet in size, within twelve (12) Exam the
date of execution of this Facility Iaaee Agreement. The I on of the
maintenance building shall be within the south half of D anised
Premises, as shown in Exhibit "A", attached hereto and made a parte hereof.
Prior to making any changes, alterations, additions or isprovements
to the Demised Premises, LESSEE will provide to LESSOR all prceosais and
plans for alterations, improvements, changes or additions to the Demised
premier; for LESSOR'S written approval, specifying in writing the nature
and extent of the desired alteration, improvement, change, or addition,
along with the contemplated starting and completion time for such project.
LESSOR or its designee shall thereafter have thirty (30) days within which
to approve or deny in writing said request for changes, impxovenen s,
alterations or additions. LESSOR shall not unreasonably withhold its
consent to required or appropriate alterations, inprovenents, changes or
additions proposed by IF:S.SEE. If after thirty (30) days there has been no
reonse from LESSOR or its designee to said proposals or plans, then such
silence shall be deemed as denial to such request of LESSEE. If upon
obtaining written cent LESSEE fails to complete its work within the
completion time as approved by LESSOR, LESSOR may at its election cteplete
said changes, inprovanents, alterations, or additions. If any costs are
incurred by LESSOR as the result of LESSEE'S failure to cxecplete the
propesed project and by LESSCWS completion of the proposed project, then
upon demand and within thirty (30) days of the demand, LESSEE shall pay to
LESSOR the amount of costs incurred by LESSOR. No election to perform by
LESSOR shall constitute waiver of any covenant or obligation of IFIsSEE or
any future default.
LESSEE covenants and agrees in connection with any maintenannoe,
repair work, erection, construction, improvement, addition or alteration
of any authorized modifications, additions or improvements to the Demised
Premises to observe and comply with all present and future laws,
ordinances, rules, regulations, and requirements of the United States of
America, State of Florida, County of collier, and any and all governmental
agencies.
All alterations, inprevencnts, and additions to said Demised Premises
stxill be made in accordance with all applicable laws and shall at once, '`
when made or installed, be deemed as attached to the freehold and to have
become property of LESSOR and shall remain for the benefit of LESSOR at
the end of the terms or other expiration or termination of this J"r+ in
as good order and condition as they were when installed, reasonable wear
and tear excepted; provided, however, if prior to the termination of this
Lease, or within thirty (30) days thereafter LESSOR so directs, LESSEE
shall prcxrp+tly remove the additions, improvements, alterations, fixtures
and installations which were placed in, on or upon the Demised Premises by
LESSEE and which are designated in said notice, and repair any damage
occasioned to the Demised Premises by such removal and in default thereof,
LESSOR may effect said removals and repairs at LESSEE'S expense (or as
otherwise provided for).
LESSEE covenants and agrees not to use, occupy, suffer or permit said
Demised Premises or any part thereof to be used or ocxupied for any
purpose other than described above.
AVI'ICLE 6. Aopess�t Demised eeemigge
LESSOR, its duly authorized agents, representatives and employees,
shall have the right after reasonable notice to LESSEE, to enter into and
upon the Demised Premises or any part thereof at all reasonable hours for
the purpose of making such repairs provided herein, and for the purposes
of inspection for compliance with the provisions of this Facility Lease
Agreement.
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ARTICLE 7. Assignment and SublettiDe
LESSEE covenants and agrees not to assign this Lease or to sublet the
whole or any part of the Demised Premises, or to permit any other persons
to occupy same without the written consent of LESSOR. Any such assignment
or subletting, even with the consent of LESSOR, shall not relieve LESSEE
• from liability for payment of rent or other sums herein provided or from
the obligation to keep and be bound by the terns, conditions and covenants
of this lease. The acceptance of rent from any other person shall not be
deemed to be a waiver of any of the provisions of this Lease or to be a
consent to the assignment of this I eeee or subletting of the Demised
Premises.
ARTICLE 8. Maw
LESSEE shall, at its sole cost and expense, keep the Demised Premises
clean at all tines. If said Demised Premises are not kept clean in the
opinion of LESSOR, LESSEE'S manager will be so advised in writing. If
corrective action is not taken within five (5) days of the receipt of such •
notice, LESSOR will cause the same to be cleaned and corrected and LESSEE
shall assume and pay all necessary cleaning costs and such costs shall
constitute additional rent which shall be paid by trscrs within ten (1o)
days of receipt of written notice of such costs incurred by LESSOR.
Upon completion of the maintenance building proposed under Article 5.
Modifications to Demised Premises, the LESSOR and 1esgEE hereby owenanteee./Jlik,
and agree that the shall be fully responsible for any and al
improvements, repairs, Alegations, modifications and any other associate -v-ve
c
•
osts with the maintenance of the building.
ARTICLE 9. ocmdemnation Clause
If the whole property of the Demised Premises shall be taken or
condemned by any =patent authority for any public or quasi-public use or
purpose, then in that event, this Lease and the term of this lease shall
cease and terminate as of the date the Lessor detezmires its need of said
Demised Premises or upon the date that the title shall vest in such
authority. The rent hereunder shall be apportioned and paid up to said
date upon which this Lease terminates hereunder or the date at which
LESSEE'S business is materially impaired, whichever is earlier.
If only a }art of the Cersised Premises shall be needed by Lessor or
be so taken or onndemr-d, this Lease and the term of this Teaee hereof
shall not (-sage or terminate, but the rent payable hereunder after the
date on which LESSEE shall be required to surrender possession of the part
of the Demised Premises so taken or condemned shall be reduced
proportionately as of the date of such cardenuhation or date at which
LESSEE'S business is materially impaired, whichever is earlier. If the
remaining portion of the Demised Premises is not sufficient for the
operation of the IFSStt'S business, LESSEE may cancel this Lease by
notifying LESSOR within ninety (90) days of the taking of all or a portion
of the Demised Premises. •
In the event of any such taking or condemnation in whole or in part
the entire award shall belong to LESSOR without any deduction therefrom
for the value of the unexpired term of this Lease, or for any other estate
or interest in the Demised Premises now or hereinafter vested in LESSEE.
Furthermore LESSEE hereby assigns to the LESSOR all its rights, title
and interest in and to any and all such award or awards without
reservation of any rights, estate, or any part thereof. Nothing herein
contained shall be construed to permit LESSOR to make application to
receive an award for moving expenses or an allowance with respect to trade
fixtures and equipment belonging to IESSEE.
Any re-construction required as a result of such taking as
contemplated herein shall be at the sole cost and expense of the LESSOR if
compensated by the taking authority for said re-construction.
ARTICLE 10. Indemvu y and Insurance
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and
sufficiency of which is accepted through the signing of this Facility
lease Agreement covenants and agrees that it will defend, protect, save,
hold harmless and keep LESSOR indemnified against and from any penalty,
damage, injury costs, or charges imposed for any violation of any law or
ordinance, whether occasioned by the neglect of LESSEE or those holding
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under LESSEE, and that LESSEE will at all times defend, protect,
indemnify, save and hold harmless LESSOR against and £stun all claims,
loss, injury, costs, damage or expense arising out of or from any accident
or other occurrence, on or about the Demised Premises causing injury to
any person or personal prt ,erty whoneoeuer and whatsoever, during the term
• of this lease or any extension hereof. TERSEE hereby acktowledges that
the Minimum Rent called for in Article 3 of this Facility Tt+aco Agreement
has been reduced by Ten Dellars ($10.00) and is hereby considered by
LESSEE as payment of this obligation by =SOR. The LESSEE agrees to
provide and maintain with a reputable insurance company, at its sole cost
and expense, public liability insurance against property damage or
personal injury arising out of or growing out of the use of or occurring
on or about the Demised Premises. If after 5 years from the date of
execution of this Lease, it is the opinion of the Collier County Risk
Manager that the insurance provided is insufficient, LESSEE agrees to
increase coverage as required.
The execution of this Agreement shall in no way constitute a waiver
of the sovereign immunity rights of the parties under Chapter 768 of the
Florida Statutes.
ARTICLE 11. Utilities and Services
All utilities and service hookups shall be the responsibility of the
LESSEE. Should additional capacity be required, all costs of providing
the additional capacity shall be borne solely by the LESSEE.
ARTICLE 12. Defaults by Lessee
Failure of LESSEE to °amply with any provision or covenant of this
Agreement shall constitute a default and LESSOR may, at its option,
terminate this Agreement after thirty (30) days written notice to LESSEE,
unless the default is cured within the notice period (or such additional
time as is reasonably required to correct such default and is granted by
LESSOR). However, the occurrence of any of the following events shall
constitute a default by LESSEE, and this Agreement shall automatically
terminate ipso factor, notwithstanding the above provisions herein:
a. Failure to construct the proposed maintenance building within
twelve (12) mouths after the execution of this Lease unless
otherwise agreed in writing by the parties.
b. Abandonment of Demised Premises or discontinuation of TrS.SEE'S
operation.
c. falsification by TFS.SEE or an agent of LESSEE of any report
required to be furnished to LESSOR pursuant to the terms of this
mace.
In the event of the occurrence of any of the foregoing non-cured
defaults in this Article 12, LESSOR, besides other rights and remedies it
nay have, shall have the immediate right to cancel this Lease and re-enter
and remove all persons and property lien the Demised Premises. ( Any and
all improvements placed on the Demised Premises shall thereafter became
the sole property of the LESSOR at no cost to LESSOR whatsoever,
notwithstanding and without to the length of the use of the premises by
LESSEE).
ARTICLE 13. Default
by Lessor
LESSOR shall in no event be charged with default in the performance
of any of its obligations hereunder unless and until LESSOR shall have
failed to perform such obligations within thirty (30) days (or such
additional time as is reasonably required to correct such default) after
written notice to LESSOR by LESSEE properly specifying wherein LESSOR has
failed to perform any such obligations.
ARTICLE 14. Notices
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:
Board of County Caxmissioner's Collier COunty School Board
Real Property Management Department 3710 Esrey Avenue
3301 Tamiami Trail East Bldg. 'D' Naples, Florida 33942
Naples, Florida 33962 ATTN: Dr. Themes Richey
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ARTICLE 15. der of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR
possession of the Demised Premises and any improvements to the Demised
Premises upon expiration of this Tnaaa, (any earlier tenminatien shall be
provided for as stated in or Article 12), broom clean and in as good
condition and repair as the same was at the correAncenent of the term of
this lease or may have been put by LESSOR or LESSEE during the continuance
thereof, ordinary wear and tear and damage by fire or the elements beyond
TEsSEE'S control excepted. In the event that the LESSEE shall refuse to
give up possession of the Demised Premises or any improvements placed
thereupon by LESSEE at the end of this Facility Jose. Agreement or any
extension thereto, the TESSEE shall be liable for double rental as
provided for in 83.06, Florida Statutes.
ARTICLE 16. Joint 7 Of_r`qMirn
LESSOR agleee to allow LESSEE, at no cost and expense, to use the
premises, described as "Joint Use Area" shown in L3dnibit "A", subject to
aceees requirements of the LESSOR. LESSOR also agrees to allow TEsSEE, at
no cost and expense, to use the premises described as "Employee Parking"
also shown in Exhibit "A", for private vehicle parking by 7 'S
personnel, in accordance with parking space designation by LESSOR.
ARTICLE 17. rjral Provisions
LESSOR shall not be Legpircd to make any alterations, rebuildings,
replacements, changes, additions, improvements or repairs during the term
of this Lease.
TF_SSEE fully understands that the police and law enforcement security
protection provided by law enforcement agencies for the above, referenced
Devised Premises is limited to that provided to any other business or
agency situated in Collier County, and acknowledges that any special
security measures deemed necessary for additional protection of the
Demised Premises shall be the sole responsibility and cost of LESSEE and
shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its suooe sor and assigns, to
refrain from any use of the Demised Premises which would interfere with or
adversely affect the operation or maintenance of LESSOR'S standard
operations where other operations share common facilities.
ARTICLE 19. Effective Date
This written Facility Lease Agreement shall become effective upon
execution by both LESSOR and IEsSEE.
ARTICLE 19. Controlling law
This Facility Lease Agreement 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
hauls and seals.
AS TO THE LESSOR:
DATED: March 21, 1989
ATTEST:
'JAMES C. GIIF:S,:Clerk BOARD OF COUNTY COMMISSIONERS
WILIER , FLORIDA
L. SAUNt, chairman
AS TO LESSEE:
DATED: l�z
ATTEST:
DR. THCNSAS RICHEY, Superintendent SCHOOL BOARD OF WILIER COUNTY
CO , FLORIDA
By:
ALBERT R. DRUGGEMEY'R,, CHAIRMAN
Approved as to form and
legal suffi.ci-
David a. Co
Assistant County '�rney
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