Agenda 10/25/2016 Item #16D 9 16.D.9
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve a lease agreement with the Friends of Marco Island Flotilla 9-5, Inc.,
to recognize the Friends donation in the amount of $51,000, and approve the necessary budget
amendment for the donation to purchase and install a new modular unit at Caxambas Community
Park for the use of the Friends to provide boater safety education to Collier County residents and
visitors.
OBJECTIVE: To provide a public service related to boater safety and education in Collier County.
CONSIDERATIONS: The Board of County Commissioners, through the Parks and Recreation
Division, has a long-standing lease agreement with the Friends in providing a location at 905 Collier
Court on Marco Island (Caxambas Park) to provide a variety of public service activities. Included in
these activities and the primary purpose of the Friends is to provide boater education and safety
instruction to visitors and residents. The current facility that houses the group is in need of replacement
and the Board of County Commissioners has approved a total of $234,500 for the purchase and
installation of a new modular. Through private fund raising efforts the Friends have secured a
commitment of$51,000 for this purpose.
A new lease agreement is needed to recognize these commitments prior to the purchase and installation
of the new modular unit. The terms of the lease agreement are consistent with the current arrangements
and facilitate the receipt of the Friends donation in order to proceed with the project.
FISCAL IMPACT: A budget amendment will appropriate the $51,000 donation and increase the total
budget for the Caxambas Park USCG Auxiliary Facility(Project No. 80271)to$285,500.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.-CMG
RECOMMENDATION:That the Board of County Commissioners:
1. Approves a long-term lease agreement with the Friends of Marco Island Flotilla 9-5,Inc.
2. Recognizes the donation of $51,000 from the Friends for the purchase and installation of the
modular.
3. Approves the budget amendment accepting the donation and associating it with the appropriate
project related to the purchase and installation.
Prepared by: Barry Williams,Director,Parks and Recreation
ATTACHMENT(S)
1. Long-term Lease Agreement (PDF)
2.Resolution -Marco Coast Guard itemRev (PDF)
3.Marco Island Flotilla Sketch Exhibit (DOCX)
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16.D.9
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9
Item Summary: Recommendation to approve a lease agreement with the Friends of Marco Island
Flotilla 9-5, Inc., to recognize the Friends donation in the amount of$51,000, and approve the necessary
budget amendment for the donation to purchase and install a new modular unit at Caxambas Community
Park for the use of the Friends to provide boater safety education to Collier County residents and visitors.
Meeting Date: 10/25/2016
Prepared by:
Title: Operations Analyst—Parks &Recreation
Name: Natali Betancur
09/30/2016 4:15 PM
Submitted by:
Title: Division Director-Parks&Recreation—Parks &Recreation
Name: Barry Williams
09/30/2016 4:15 PM
Approved By:
Review:
Public Services Department Amanda O.Townsend Additional Reviewer Completed 10/03/2016 10:18 AM
Parks&Recreation Barry Williams Additional Reviewer Completed 10/04/2016 11:15 AM
Parks&Recreation Ilonka Washburn Additional Reviewer Completed 10/04/2016 11:36 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/10/2016 2:46 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/14/2016 8:35 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/14/2016 12:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/14/2016 1:06 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2016 4:19 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/14/2016 4:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2016 12:35 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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I6.D.9.a
COLLIER COUNTY STANDARD FORM
LONG-TERM LEASE
NOT-FOR-PROFIT ENTITY
This Long-Term Lease (hereinafter referred to as "Lease") is entered into this day
of , 2016, by and between FRIENDS OF MARCO ISLAND FLOTILLA 9-5, INC.,
a not for profit corporation duly organized under the laws of Florida, whose mailing address is
P.O. Box 904, Marco Island, Florida 34146, hereinafter referred to as "Lessee", and Collier
County, a political subdivision of the State of Florida, in care of Real Property Management
whose mailing address is 3355 East Tamiami Trail, Suite 101,Naples, Florida 34112,hereinafter
referred to as "Lessor," collectively stated as the "Parties." c
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RECITALS: c
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WHEREAS, Florida Statutes Section 125.38 provides that if a corporation or other o
organization not for profit which may be organized for the purposes of promoting community
interest and welfare, should desire any real or personal property that may be owned by any
county of this state or by its board of county commissioners, for public or community interest
and welfare, then such corporation or organization may apply to the board of county
commissioners for a conveyance or lease of such property, and that such board, if satisfied that
such property is required for such use and is not needed for county purposes, may thereupon
convey or lease the same at private sale to the applicant for such price, whether nominal or
otherwise, as such board may fix, regardless of the actual value of such property; and N
a)
WHEREAS, Lessee, a duly organized not-for-profit corporation, has applied to the Board
of County Commissioners for a Lease of certain property which the Board has determined is not
presently needed for County purposes; and
a)
WHEREAS, the Friends of Marco Island Flotilla 9-5, Inc., primary purpose is to teach
boater safety to Collier County residents and visitors; and
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WHEREAS, the Friends of Marco Island Flotilla 9-5, Inc. have committed to $51,000
funding toward the purchase of a modular unit and additional funds to furnish the interior of the
unit; and
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WHEREAS, the County has committed $225,000 toward the purchase of the modular
unit and other improvements including a separate utility meter for the interior of the building to
benefit the Friends of Marco Island Flotilla 9-5, Inc.; and
WHEREAS, the Board finds that this County expenditure services a valid public purpose.
WHEREAS, it is the Board's finding that it is in the public interest to lease this property
to Lessee on the terms and conditions set forth below.
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WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Lease on the following terms and conditions:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the
present possessory interest in the Leased Premises described below.
2. Description of Leased Premises. The Leased Premises which is the subject of this
Lease is a parcel improved with a building located Caxambas Park, Marco Island, FL 34145, E
Collier County, Florida, with a legal description set forth in Exhibit "A," hereinafter referred to
as the "Premises" including access to shared public parking areas in Caxambas Park. o
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3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all
of the following: o
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a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Premises; u
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and N
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. The purpose of this Lease is for the operation of a Coast Guard
Auxiliary Facility identified as United States Coast Guard Auxiliary Flotilla 9-5, which has a Q
primary purpose to teach boater safety to Collier County residents and visitors, which use the
Board of County Commissioners has found to be in the public's interest. Accordingly, Lessee a
shall utilize the Leased Premises in strict accordance with Exhibit "B." Lessor shall have the -J
right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with a)
the approved use. In the event Lessee shall cease to use the Premises for the purposes described
in Exhibit "B," and such cessation of use shall continue for a period of sixty (60) days, this o
Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be -'
terminated and Lessee shall surrender and vacate the Premises to the Lessor within thirty (30)
days after notice of such termination. Provided, however, said sixty (60) day period shall be
tolled if such cessation is caused by events beyond the control of the Lessee such as acts of God
or if such cessation is due to closing for reconstruction or repairs to the building constructed by a
Lessee on the Leased Premises.
5. Permissible Alterations and Additions to Premises. Lessee may not make any
alterations or additions to the Leased Premises without obtaining Lessor's prior written consent,
which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans
and specifications for all alterations and additions at the time Lessor's consent is sought.
6. Term of Lease. The term of this Lease shall commence on the date first above
written, and unless terminated earlier by the Parties, shall terminate on the 30`h year anniversary
date of this Lease. There is no option to renew. If Lessee holds over after the expiration of the
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16.D.9.a
lease term, such tenancy shall be from month to month under all of the terms, covenants and
conditions of this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee
from the Premises as a holdover.
7. Rent. The Lessee agrees to pay the Lessor the sum of $1.00 per annum, in
advance, for each year of the term.
8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees and
charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to
any delinquency all costs, fees, taxes,trash removal services, assessments, utility charges, impact
fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold
Lessor harmless from any and all claims, costs and obligations arising from Lessee's use of the
Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use
of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting o
therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's -0
expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that
Lessor may at its own cost and expense participate in the legal defense of such claim, with legal 2
counsel of its choosing.
9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the
Premises, and shall promptly remove any and all liens placed against the Premises. All persons
to whom these presents may come are put upon notice of the fact that the interest of the Lessor in
the Premises shall not be subject to liens for improvements made by the Lessee and liens for N
improvements made by the Lessee are specifically prohibited from attaching to or becoming a
lien on the interest of the Lessor in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any
expense to the Lessor, shall keep and maintain the Premises in good, sanitary and neat order,
condition and repair, and shall abide with all lawful requirements. Such maintenance and repair
shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting,
heating, plumbing, and air conditioning). Such repair may also include structural repair, if o
deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable -'
opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within
thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is
completed, Lessor may cause the same to be corrected and Lessee shall promptly reimburse
Lessor for the expenses incurred by Lessor,together with a 5% administrative fee.
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee
has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive
right to use the Premises during the term of this Lease. During the term of this Lease, Lessee
may erect appropriate signage on the Leased Premises and the improvements constructed by
Lessee thereon. Any such signage shall be in compliance with all applicable codes and
ordinances.
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16.D.9.a
12. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially uninhabitable,
or damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or
other casualty, and Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds,"
to rebuild or restore the Premises to substantially its condition prior to such casualty event unless
the Lessor provides the Lessee with a written determination that rebuilding or restoring the
Premises to such a condition with the Proceeds within a reasonable period of time is
impracticable or would not be in the best interests of the Lessor, in which event, Proceeds shall
be promptly remitted to Lessor. If the Lessor elects not to repair or replace the improvements,
then Lessee or Lessor may terminate this Lease by providing notice to the other party within
ninety (90) days after the occurrence of such casualty. The termination will be effective on the =
ninetieth (90th) day after such fire or other casualty, unless extended by mutual written
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agreement of the Parties. During the period between the date of such casualty and the date of c
termination, Lessee will cease its operations as may be necessary or appropriate. If this Lease is a
not terminated as set forth herein, or if the Premises is damaged to a less than material extent, as 2
reasonably determined by Lessee and Lessor, Lessee will proceed with reasonable diligence, at
no cost or expense to Lessor, to rebuild and repair the Premises to substantially the condition as o
existed prior to the casualty.
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a)
b. Condemnation. Lessor may terminate this Lease as part of a condemnation
project. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result of LO
such termination; however, in no event will Lessor be liable to Lessee for any compensation as a N
result of such termination.
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13. Access to Premises. Lessor, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter
into and upon the Premises during normal business hours, or such other times with the consent of
Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any
required repairs not being timely completed by Lessee.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of o
the Premises to Lessor in good condition and repair. Lessee shall have the right at any time
during Lessee's occupancy of the Premises to remove any of its personal property, equipment,
and signs provided, however, at the termination of this Lease, Lessor shall have the option of
either requiring Lessee to demolish and remove all improvements made by Lessee to the
Premises upon Lessee's vacation thereof, or to require Lessee to retain said improvements with
fixtures on the Premises which improvements and fixtures will become the property of the
Lessor upon Lessee's vacation of the Premises.
15. Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not
assign this Lease or sublet any portion of the building constructed on the Premises by Lessee
without the express prior written consent of the Lessor, which consent may be withheld in
Lessor's sole discretion. Any purported assignment or sublet without the express written consent
of Lessor shall be considered void from its inception, and shall be grounds for the immediate
termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee.
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16.D.9.a
16. Insurance.
a. Lessee shall provide and maintain a Commercial General Liability insurance
policy, approved in writing by Lessor and the Collier County Risk Management
Department, for not less than One Million and 00/100 Dollars ($1,000,000.00) combined
single limits during the term of this Lease. If such amounts are less than good insurance
industry practice would require, Lessor reserves the right to increase these insurance
limits by providing Lessee with at least sixty(60) days' advance notice to do so.
b. In addition, if applicable and required by law, Lessee shall provide and
maintain Worker's Compensation Insurance covering all employees meeting the then
existing Statutory Limits in compliance with the applicable state and federal laws. The
coverage shall include Employer's Liability with a minimum limit of One Hundred
Thousand and 00/100 Dollars ($100,000.00) per each accident. If such amounts are less o
than good insurance industry practice would require, Lessor reserves the right to increase -0
these insurance limits by providing Lessee with at least sixty (60) days' advance notice to
do so. 2
c. Lessee shall also maintain standard fire and extended coverage insurance on
the additions and improvements located on the Premises and all of Lessee's property
located on or in the Premises including, without limitation, furniture, equipment, fittings, LL
installations, fixtures (including removable trade fixtures), personal property and
supplies, in an amount not less than the then-existing full replacement value.
d. If applicable and required by law, Business Automobile Liability Insurance,
and Business Boat Liability Insurance, for automobiles and boats used by Lessee in the
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course of its performance under this Lease, including Employer's Non-Ownership and
Hired Auto Coverage, each said policy in amounts of One Million and 00/100 Dollars co
($1,000,000.00) combined single limit per occurrence. If such amounts are less than co
good insurance practice would require, Lessor reserves the right to increase these -J
insurance limits by providing Lessee with at least sixty (60) days' advance notice to do
so. 6,
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e. If applicable and required by law, Pollution Liability insurance covering the J
accidental discharge and clean up of pollutants shall be maintained by the Lessee in an
amount of not less than Five Million and 00/100 dollars ($5,000,000) per occurrence.
Such coverage shall cover third party liability and clean up coverage. a
f. Lessor shall be named as an additional insured on the Commercial General
Liability insurance policy. Lessor shall also be added as an additional insured on the
Property Insurance policy as their interest may appear. The above-described insurance
policies shall list and continuously maintain Lessor as an additional insured thereon.
Evidence of such insurance shall be provided to Lessor in care of Real Property
Management, 3335 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the
commencement of this Lease; and shall include a provision requiring not less than ten
(10) days prior written notice to Lessor in the event of cancellation or changes in
policy(ies) coverage. If such amounts are less than good insurance practice would
require, Lessor reserves the right to reasonably amend their insurance requirements by
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16.D.9.a
issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall
have thirty (30) days in which to obtain such additional insurance. The issuer of any
policy must have a Certificate of Authority to transact insurance business in the State of
Florida and must be rated "A" or better in the most current edition of Best's Insurance
Reports. Each insurer must be responsible and reputable and must have financial
capacity consistent with the risks covered. Each policy must contain an endorsement to
the effect that the issuer waives any claim or right of subrogation to recover against
Lessor, its employees, representatives and agents.
g. Failure to continuously abide with all of these insurance provisions, if
applicable and required by law, shall be deemed to be a material breach of this Lease and
Lessor shall have the remedies set forth below.
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17. Defaults and Remedies. _
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a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or 2
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Premises or discontinuation of Lessee's operation. a
ii. Lessee's material misrepresentation of any matter related to this Lease.
iii. Filing of insolvency, reorganization,plan or arrangement of bankruptcy. �n
iv. Adjudication as bankrupt.
v. Making of a general assignment for the benefit of creditors.
vi. If Lessee suffers this Lease to be taken under any writ of execution and/or
other process of law or equity. a
vii. Lessee's loss of its federal IRS tax exempt status. ,
viii. Lessee's failure to utilize the Premises as set forth in Exhibit B.
ix. Any lien is filed against the Premises or Lessee's interest therein or any
part thereof in violation of this Lease, or otherwise, and the same remains
unreleased for a period of sixty (60) days from the date of filing unless
within such period Lessee is contesting in good faith the validity of such
lien and such lien is appropriately bonded.
x. Failure of Lessee to perform or comply with any material covenant or
condition made under this Lease, which failure is not cured within ninety
(90) days from receipt of Lessor's written notice stating the non-
compliance shall constitute a default(other than those covenants for which
a different cure period is provided), whereby Lessor may, at its option,
terminate this Lease by giving Lessee thirty (30) days written notice
unless the default is fully cured within that thirty (30) day notice period
(or such additional time as is agreed to in writing by Lessor as being
reasonably required to correct such default). However, the occurrence of
any of the events set forth above shall constitute a material breach and
default by Lessee, and this Lease may be immediately terminated by
Lessor except to the extent then prohibited by law.
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16.D.9.a
b. Remedies of Lessor.
i. In the event of the occurrence of any of the foregoing defaults, Lessor, in
addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities and/or
property from the Premises. Such property may be removed and stored in
a public warehouse or elsewhere at 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. If Lessee does not cure the defaults in
the time frames as set forth above, and Lessor has removed and stored
property, Lessor shall not be required to store for more than thirty (30)
days. After such time, such property shall be deemed abandoned and
Lessor shall dispose of such property in any manner it so chooses and o
shall not be liable to Lessee for such disposal. -0
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ii. If Lessee fails to promptly pay, when due, any full installment of rent or
any other sum payable to Lessor under this Lease, and if said sum remains
unpaid for more than five (5) days past the due date, the Lessee shall pay
Lessor a late payment charge equal to five percent (5%) of each such a)
payment not paid promptly and in full when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2%)
percent per month or the highest interest rate then allowed by Florida law,
whichever is higher ("Default Rate"), which interest shall be promptly
paid by Lessee to Lessor.
iii. Lessor may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement as
or covenant of Lessee under this Lease, or otherwise. Lessor shall be J
entitled to reasonable attorneys fees and costs incurred arising out of L
Lessee's default under this Lease.
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c. 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 and in meaningful detail specifying wherein, in Lessee's judgment or opinion,
Lessor has failed to perform any such obligation(s).
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary
damages it incurs as a result of Lessor's breach of this Lease, and also waives any claim
it might have to attorneys' fees and costs arising out of Lessor's breach of this Lease.
Lessee's remedies for Lessor's default under this Lease shall be limited to the following:
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16.D.9.a
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Lessor under this Lease.
ii. Lessee may cure any default of Lessor and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Lessor. Lessor will pay Lessee on demand all reasonable
costs incurred and any amounts so paid by Lessee on behalf of Lessor,
with no interest.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy will be cumulative and in addition to every other remedy given under
this Lease or hereafter existing under law or in equity. No delay or omission to exercise
any right or power accruing upon any event of default will impair any such right or power
nor be construed to be waived, but any such right and power maybe exercised from time -°a
to time and as often as may be deemed expedient.
f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Lease by Lessee and
Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will a
be deemed for any purpose to be a waiver of any breach of any other provision hereof or
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of any continuing or subsequent breach of the same provision, irrespective of the length
of time that the respective breach may have continued.
Miscellaneous Legal Matters
18. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then- a)
current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
19. This Lease contains the entire agreement of the Parties with respect to the matters o
covered by this Lease and no other agreement, statement or promise made to any party, or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
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covenant and condition of this Lease by the Parties.
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20. In the event state or federal laws are enacted after the execution of this Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms
of this Lease, then in such event this Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Lease.
21. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be
given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been
given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit.
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16.D.9.a
For the purpose of calculating time limits which run from the giving of a particular notice the
time shall be calculated from actual receipt of the notice. Time shall run only on business days
which, for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public
holiday. Notices shall be addressed as follows:
If to Lessor: Real Property Management
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
cc: Director, Parks and Recreation Department
15000 Livingston Road
Naples FL 34109 a
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If to Lessee: Friends of Marco Island Flotilla 9-5, Inc. o
P.O. BOX 904
Marco Island, Florida 34146
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
22. Lessee is an independent contractor, and is not any agent or representative or of
employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf u,
of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. N
Neither party will have the right or authority to bind the other party without express written
authorization of such other party to any obligation to any third party. No third party is intended E
by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against
either party hereto or otherwise. Nothing contained in this Lease will constitute the Parties as
partners or joint ventures for any purpose, it being the express intention of the Parties that no
such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not
providing any vacation time, sick pay, or other welfare or retirement benefits normally
associated with an employee-employer relationship and that Lessor excludes Lessee and its
employees from participation in all health and welfare benefit plans including vacation, sick
leave, severance, life, accident, health and disability insurance, deferred compensation, o
retirement and grievance rights or privileges.
23. Neither party to this Lease will be liable for any delay in the performance of any
obligation under this Lease or of any inability to perform an obligation under this Lease if and toca
the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the party
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action,
economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion,
fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
binding order of any governmental authority.
24. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose, release or discharge any Hazardous Materials upon or about the Leased Premises, nor
[04-PKR-01113/1271820/1] Page 9 of 12
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16.D.9.a
permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors,
material men and/or suppliers to engage in such activities upon or about the Leased Premises.
25. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your County Public Health Department.
26. Lessee shall execute this Lease prior to it being submitted for approval by the
Board of County Commissioners. This Lease may be recorded by the County in the Official
Records of Collier County, Florida, within fourteen (14) days after the County enters into this
Lease, at Lessee's sole cost and expense. c
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IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the P.
day and year first above written. 2
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AS TO THE LESSEE:
FRIENDS OF MARCO ISLAND FLOTILLA 9-5, INC. a
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By:
Witness (signature) DOUGLAS P. JOHNSON, President N
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AS TO THE LESSOR: 6
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ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA d
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By: By: d
, Deputy Clerk DONNA FIALA, CHAIRMAN
CApproved as to form and legality:
olleen M. Greene
Assistant County Attorney
[04-PKR-01113/1271820/1] Page 10 of 12
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Packet Pg. 1552
16.D.9.a
EXHIBIT 'A'
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Packet Pg. 1553
16.D.9.a
EXHIBIT"B" - ADDENDUM
1. The existing Marco Island Flotilla, Inc. Lease Agreement dated June 23, 1998, shall terminate upon
execution of this Lease by the Lessor.
2. Item 8 is amended to state that Lessor shall maintain the interior of the building and be responsible for the
cost of any repairs to the exterior of the building and to the entrance ramp, and that Lessor shall maintain
the landscaping at the Premises at its sole cost. Such maintenance and repair shall include, but not be
limited to, painting, janitorial, fixtures, and appurtenances (lighting, heating, plumbing, and air
conditioning). Such repair may also include structural repair if deemed necessary.
3. Notwithstanding the language in Section 8.Net Lease, Collier County Parks and Recreation Department at
its own expense, shall have a separate utility meter installed which will require the Lessee to establish and
maintain its own utility account with the utility provider Florida Power& Light (FPL) or LEC at its own =
expense. o
4. Notwithstanding the language in Section 8. Net Lease, Collier County Parks and Recreation Department
will provide and pay for trash removal services at its own expense. o
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5. Paragraph 10,Lessee's Obligation,is amended as follows:
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful Requirements. Lessee,
throughout the term of this Lease,at its own cost,and without any expense to the Lessor, shall keep and
maintain the Premises in good,sanitary and neat order,condition and repair,and shall abide with all lawful a)
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requirements. —. ••. . •..•__ . -.. _ ..:, :. ._ •-• :, :. -_, '. . . , •..
6. Lessee shall allow the Training Room at the Premises to be used by local non-profit or governmental
groups subject to the planned and scheduled use by the Lessee and USCG Auxiliary Flotilla 9-5, when
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scheduled in advance, during daylight hours and not to extend beyond 6:00 pm. Reservations to be
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approved in writing by the Parks and Recreation Department Division Director or his or her designee. 1=
7. The Lessee is required to maintain the VHF antenna currently located behind the building. If the relocation
of the antenna is required, the Lessee agrees to pay for the cost of relocation and any additional
maintenance at its sole expense.
8. Lessee shall surrender possession of and ownership of its portion of the Premises to the Lessor at the a'
termination of this Lease.
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9. Lessee shall have the right to use the Premises, including the unlimited right to access the Leased Premises
and Caxambas Park in which it is located,at all times.
[04-PKR-01113/1271820/1] Page 12 of 12
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16.D.9.c
RESOLUTION No. 2016 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A LONG-TERM LEASE BETWEEN
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, AND FRIENDS OF MARCO ISLAND FLOTILLA 9-5, INC., FOR THE
PURPOSE OF OPERATING A UNITED STATES COAST GUARD AUXILIARY
FOR TEACHING BOATER SAFETY TO RESIDENTS AND VISITORS OF
COLLIER COUNTY AT CAXAMBAS PARK.
WHEREAS, Friends of Marco Island Flotilla 9-5, Inc. ('Flotilla'), desires to lease vacant land "c'o
located at Caxambas Park, 909 Collier Court, Marco island, Florida (Park'), owned by Collier County, a tc,.
political subdivision of the State of Florida ('Collier County'), in order to operate a United States Coast 2
Guard Auxiliary for educating residents and visitors on boater safety.
WHEREAS, the Long-Term Lease provides for a thirty year term with annual rent of Ten Dollars.
WHEREAS, the Flotilla shall contribute Fifty-one Thousand Dollars towards the cost of the new 'c-
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mobile unit that the County will be installing at the Park.
WHEREAS. the Board of County Commissioners is satisfied that this property is required for the .(7)
Flotilla's use and is not needed for County purposes.
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WHEREAS. Section 125.38, Florida Statutes, provides that the Board of County Commissioners it
may lease property if the Board is satisfied that such property is required for such use and is not needed
for County purposes. Advertising of said leased property shall not be required.
NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that: +cis
1. The Board of County Commissioners approves the attached Lease between Collier County and
- Friends of Marco Island Flotilla 9-5, Inc.; and
2
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby c
authorized to execute the attached Lease.
This Resolution adopted this day of ,, 2016 after rtcl)
motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS (.2
COLLIER COUNTY, FLORIDA.
BY: BY:
Deputy Clerk DONNA FIALA, Chairman
_Approved as to form and legality:
(CA(;)
Collen M. Greene, Assistant County Attorney Packet Pg. 1555
16.D.9.d
Exhibit 'A'
Caxambas Park, Marco Island, FL 34145
Collier County, Florida,
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