Backup Documents 11/18/2014 Item #16E7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E7
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 41 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 41 through#2,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 Officetf)_
W/3/ 1z\2-'\\S_
4. BCC Office . Board of County
Commissioners kz.k\S
5. Minutes and Records Clerk of Court's Office —it la`'dl hc 01:q9A
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 in ormation.
Name of Primary Staff ,/ _ hone Number p
Contact/ Department �/Com/ 04=4 O - 3
Agenda Date Item was Agenda Item Number
Approved by the BCC // — / 7 ` ta 6 /
6.e 11/
Type of Document Number_ of Original
Attached l / ,C nt `7iJ-^'t , Documents Attached
PO number or account
number if document is /G.}___
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? 5 . .7 QA‹ g/Sk
2. Does the document need to be sent to another agency for additional signatures If yes, 4/&
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
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 J 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 `
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
iikS—
signature and initials are required. a.
t IN
7. In most cases(some contracts are an exception),the original document and this routing slip �1
should be provided to the County Attorney Office at the time the item is input into SIRE. '�f)
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awar of your deadlines!
8. The document was approved by the BCC on is enter date)and all changes made tZC= . .a
during the meeting have been incorporated in the attached document. The County eq %.6. r r
Attorney's Office has reviewed the changes, if applicable. intaaial''
9. Initials of attorney verifying that the attached document is the version approved by th- 'y Brno
BCC, all changes directed by the BCC have been made, and the document is ready far the Cs ,� a' -°-.
Chairman's signature. V �1
=i" '•70
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
6 E7 MEMORANDUM
Date: December 21, 2015
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Deputy Clerk
Boards Minutes & Records Department
Re: Third Amendment to Lease Agreement
Lease #PS-106 w/Naples Zoo, Inc.
Attached is a copy of the document referenced above (Item #16E7), approved by
the Board of County Commissioners on Tuesday, November 18, 2014.
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
16E7
• • Memorandum
f
-01 f(O a O P
-(i)
To: Minutes and Records
From: Michael Dowli `
Senior Property M. • ;gement Specialist
Real Property Management
Date: September 17, 2015
Subject: Third Amendment to Lease Agreement
BCC Date: November 18, 2014
Item: 16 E 7
Once the referenced Agreement has been executed by the Chairman and attested by
your office, kindly provide me with an electronic copy of the Agreement for my
records.
Please contact me at extension 8743 with any questions.
Thank you. O
Attachment as stated
Lease#PS— 106 1
E7
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this 28th day
of October, 2014, at Naples, Collier County, Florida by and between NAPLES ZOO, INC., a
Florida non-profit corporation, exempt from taxation under Section 501(c) (3)of the Internal
Revenue Code, whose mailing address is 1590 Goodlette-Frank Road, Naples, Florida
34102, hereinafter referred to as "LESSEE", and 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"LESSOR".
WITNESSETH
WHEREAS, the LESSEE and LESSOR have previously entered into a Lease
Agreement, hereinafter referred to as "Lease Agreement,"dated December 12, 2005, by way
of a Novation Assignment of Lease Agreement dated December 19, 2005, from the Trust for
Public Land, a California not-for-profit corporation. The Lease Agreement was
subsequently amended through an Addendum to Lease Agreement dated November 10,
2009, and a Second Amendment to Lease Agreement dated June 8, 2010.
WHEREAS, the LESSEE and LESSOR are desirous of amending that Lease
Agreement; and
NOW, THEREFORE, in consideration of the covenants and agreements provided
within the said Lease Agreement and Ten Dollars ($10.00) and other valuable consideration,
the Lease Agreement is hereby amended as follows:
1. Under Article 1, Demised Premises and Permitted Uses, Exhibit "A-1" shall be
replaced with the attached "Exhibit Naples Zoo" dated August 27, 2014, which
outlines an area comprised of approximately 52.6 acres, hereinafter referred to as
"Total Acreage."
2. Both parties agree that the Lessee will be solely responsible for the cost and expense
of operating, maintaining, improving and insuring the Total Acreage, subject to the
terms contained in Paragraph 4 of the Improvements to Parking Area Agreement
dated November 13, 2012, a copy of which is attached hereto, which provides for
discussion and cost-sharing of any maintenance projects in excess of$5,000.00.
3. Except as expressly provided herein, the Lease Agreement 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.
16 E7
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this
Third Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE: NAPLES ZOO, INC.
a Florid.. non ofit corporation
./s64:—.,,ra,,,CL- BY: t 6
Witness (signature) Cha 1y al
• 7', 1- A
(pri name) Print name PRcsIN. 'LEO
4 1-141444
0itness(sig 117(
TJ a (,uS
(print name)
AS TO THE LESSOR:
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk `�
/i0/7 . 7
/ . 0/ / ti='/, �l�ir.�
BY:
B .A `L.
-. t Clerk TIM NANCE, CHAIRMANest as:tnman s
'lv
'ice
Approved' s / • , and legality:
-..is atilf
Jeffrey A. a Tow, County Attorney .i , ,,, ende
9 ,�
r''Pte1n Au 'IS—
• r . .A_
E my Clerk
2 a ,.
16E7
Exhibit
Naples Zoo
August 27, 2014
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16E7
1 1 J
IMPROVEMENTS TO PARKING AREA AGREEMENT
Naples Zoo
THIS AGREEMENT is made and entered into this 13th day of November, 2012, by and
between Naples Zoo, Inc., a Florida non-profit corporation whose mailing address is 1590
Goodlette-Frank Road, Naples, Florida 34102 (hereinafter referred to as "Zoo"), and the Board
of County Commissioners of Collier County, Florida, as the governing body of Collier County, a
political subdivision of the State of Florida(hereinafter referred to as "County"), whose mailing
address is 3335 East Tamiami Trail,Naples, Florida 34112.
RECITALS:
WHEREAS, the parties entered into the Lease Agreement dated December 12, 2005, by
way of a Novation Assignment of Lease Agreement dated December 19, 2005, from the Trust
for Public Land, a California not-for-profit corporation, and then subsequently amended on
November 10,2009, and again on June 8,2010; and
WHEREAS, the County, the Zoo and the Conservancy of Southwest Florida, Inc.
("Conservancy"), entered into a Shared Parking and Access Agreement on June 26, 2012,
whereby allowing the Zoo and Conservancy to utilize the County-owned property adjacent to the
Zoo for overflow parking ("Parking Area"). In exchange for the Conservancy's use of the
Parking Area, the Conservancy will allow the Zoo and the County to access its entrance off
Goodlette Road and utilize its parking area for overflow parking; and
WHEREAS, the Board of County Commissioners approved the development of the
Gordon River Greenway project on December 11, 2007, which included providing the public
with access to recreational activities on and along the Gordon River, whereby the County will be
required to provide guest vehicular parking; and WHEREAS, the purpose of this Agreement is
to set forth the parties' understanding and agreement to the future development and financial
responsibility by each party as to certain improvements to the Parking Area as set forth below.
1
1 E 7
1 1 j
WITNESSETH:
NOW, THEREFORE, in consideration of $10.00 and other good and valuable
consideration exchanged between the parties, the parties agree as follows:
1. All of the above recitals and exhibits referenced therein are true and correct and
are hereby expressly incorporated herein by reference as if set forth fully below.
2. The County shall pay all costs for the improvements of the Parking Area and
those improvements required by the alteration of the property. The improvements shall consist
of an entrance drive off Goodlette Road, access road leading to the Parking Area, the overflow
Parking Area, as well as any associated water management requirements. The attached exhibit
shows the area of the improvements. Based on preliminary estimates by the County, the
estimated cost of these improvements is approximately $2.6 million. Zoo agrees to fully
cooperate with the County during the permitting and construction of this project.
3. Following the completion of the project, and irrespective of the final cost of the
project,the Zoo shall pay County 50%of the certified final construction costs. Initial payment of
$260,000 is due within 30 days of issuance of the Notice of Commencement from the County to
the contractor. The next payment will also be in the amount of$260,000 and is due one year
later on the anniversary date of the initial payment. Subsequent payments shall be provided to
the County in three (3) equal annual installments determined by final certified construction costs
less the payments previously made by the Zoo. Payments shall be due and payable on each
anniversary of the initial payment.
4. Following the completion of the project, and notwithstanding anything to the
contrary,Zoo will provide at its sole cost and expense,all day-to-day maintenance of the Parking
Area, including mowing grass, tree trimming, emptying trash receptacles, and minor equipment
and pavement repairs. Any maintenance project in excess of$5,000.00 shall be discussed by
both parties prior to the contracting of any project, and which costs will be shared equally.
(Signatures appear on next page)
2
6 E
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IN WITNESS WHEREOF, the County and the Zoo have hereto executed this Agreement
the day and year first above written.
AS TO THE ZOO:
Date: //^c ',20/2—
WITNESSES:
20/2-
WITNESSES:
Naples Zoo,Inc.,
9f4t: 4<1
a Florida not-for-profit corporation
(Corporate Seal)
Signature /
Ke
e/ By:
,
(print name) :oard Chairman
(print name)
Sign tune
Ke \1 'Tc'tt�a
(print name
AS TO THE COUNTY:
//_ /3- /•
ATTEST: ..• .... ; < BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRQCLI CLERK COLLIER COUNTY, FLORIDA
BY: �l� / By:' vy
, De. . er FRED W. COYLE, CHAI N
A ,test $'s,t4.pperS44.
Appro,e . a and legal sufficiency:
111111
Jeffrey 0 . latzkow, County Attorney
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LEGAL DESCRIPTION OF
CROSS SHARE AGREEMENT EXHIBIT A-2
ALL THAT PART OF LOTS 3,4,AND 5 OF NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2,PAGE 2
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTH '/. CORNER OF SECTION 27,TOWNSHIP 49 SOUTH,RANGE 25
EAST,COLLIER COUNTY,FLORIDA;THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
NORTH 89°45'51"EAST 74.17 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-
WAY OF GOODLETTE ROAD PER O.R.BOOK 246,PAGE 59,PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA,AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 04°40'14"WEST 148.37 FEET
TO THE NORTH LINE OF LOT 3;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 04°40'14"WEST A
DISTANCE OF 234.12 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 00°16'35"WEST A
DISTANCE OF 360.83 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY NORTH 89°43'25"EAST A DISTANCE OF
75.00 FEET;
THENCE SOUTH 00°16'35"EAST A DISTANCE OF 14.05 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89°43'25"EAST 47.00 FEET;THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°52'11"AN ARC DISTANCE OF 47.47 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS SOUTH 31°51'13"WEST 114.00 FEET;THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°43'27"AN ARC
DISTANCE OF 114.85 FEET;
THENCE SOUTH 00°25'19"EAST A DISTANCE OF 96.80 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89°34'41"EAST 50.00 FEET;THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°15'51"
AN ARC DISTANCE OF 28.16 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT WHOSE
RADIUS POINT BEARS SOUTH 57°27'55"WEST 104.96 FEET;THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°57'40"AN ARC DISTANCE OF
58.55 FEET;
THENCE SOUTH 00°25'19"EAST A DISTANCE OF 67.54 FEET;
THENCE SOUTH 05°28'47"WEST A DISTANCE OF 53.92 FEET;
THENCE SOUTH 05°59'04"EAST A DISTANCE OF 144.57 FEET TO AN INTERSECTION WITH
THE NORTH LINE OF SAID LOT 3;
THENCE NORTH 89°39'50'EAST ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF
525.15 FEET;
THENCE LEAVING THE NORTH LINE OF SAID LOT 3 SOUTH 00°20'12"EAST A DISTANCE OF
494.24 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 3;
1
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. • . . 11 ,E
THENCE SOUTH 89°40'11"WEST ALONG THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF
653.61 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF GOODLETTE
ROAD;
THENCE NORTH 04°39'04"WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF
312.14 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 04°40'14"WEST A DISTANCE OF
35.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 9.69 ACRES OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM,EAST ZONE,
NAD 83/90 DATUM AND REFERENCED TO THE NORTH LINE OF LOT 6,NAPLES
IMPROVEMENT COMPANY'S LITTLE FARMS PLAT OF SECTION 27,TOWNSHIP 49 SOUTH,
RANGE 25 EAST,COLLIER COUNTY,FLORIDA, AS BEING NORTH 89°53'18"EAST.
AGNOLI,BARBER&BRU = GE, INC.
PROFESSIONAL ENG r RS,PLANNERS&SURVEYORS AND MAPPERS
BY •
WAYNE D. AG .0L1 ,R.S.M. NO.5335 DATE ' AEI -IA
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