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Agenda 05/23/2017 Item #16D 705/23/2017 EXECUTIVE SUMMARY Recommendation to forgive the final lease payment for parking lot improvements from the Naples Zoo to the County, totaling $278,100, to support the construction of a new Zoo animal hospital. OBJECTIVE: To support the construction of a new Naples Zoo animal hospital, a requirement for the Zoo to maintain accreditation with the Association of Zoos and Aquariums (AZA). CONSIDERATIONS: On December 11, 2007, the Board of County Commissioners approved the development of the Gordon River Greenway project, which included providing the public with access to recreational activities on and along the Gordon River. On November 13, 2012, the Naples Zoo entered an agreement to pay for 50% of $2,636,111.61 cost incurred by the County to make parking improvements for the Goodlette Frank Road entrance and the Zoo parking lot, which were necessary to support completion of the Gordon River Greenway. Presently, the Zoo has made all required reimbursement payments to date totaling $1,040,000 (four payments of $260,000 in 2013, 2014, 2015, and 2016). One final payment remains in the amount of $278,100. On April 10, 2017, the Zoo’s President/CEO wrote to the County requesting costs from the Zoo for work completed on the parking areas be forgiven and reallocated toward the costs of a new Zoo animal hospital, a requirement to maintain accreditation with the AZA. To date, the Zoo has raised $2,228,650 of the estimated $2,600,000 costs for the hospital. Forgiveness of the final payment of $278,100 will essentially provide the funds necessary for completion of the Zoo’s fundraising goals. Forgiveness of the final parking payment should allow the Zoo to commence groundbreaking for the new hospital on September 1, 2017. In exchange for forgiving the final payment, the Zoo has offered to host all the County’s summer camp participants free of charge on their summer visit to the Zoo in perpetuity, which historically have approximately 1,000 children in attendance, and costs the Division between $6,000 - $8,000 each year. Since the purchase of the Zoo property in 2004, the County has enjoyed a robust relationship with the Zoo resulting in benefits to the residents of Collier County, such as “Free Saturdays,” which granted free Zoo attendance to approximately 45,000 residents of Collier County last year. FISCAL IMPACT: The FY17 budget includes the receipt of payment from the Zoo in the amount of $278,100. If the Board decides to forgive this payment, a budget gap will exist. This budget gap will not create a project cash flow issue in the Park and Recreation Capital Fund 306 during FY17. However, Fund 306 will be made whole in the amount of $278,100 as part of the FY18 budget process. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To authorize forgiveness of the final payment for parking improvement from the Naples Zoo to the County, totaling $278,100, to support the construction of a new Zoo animal hospital. Prepared by: Sean Callahan, Director, Operations and Veterans Services Division. 16.D.7 Packet Pg. 737 05/23/2017 ATTACHMENT(S) 1. Letter from Zoo President & CEO (PDF) 2. Naples Zoo Improvements to Parking Area Agreement (PDF) 3. Second Amendment to Zoo Lease (PDF) 4. Third Amendment to Zoo Lease (PDF) 5. Parks Revenue Invoices (XLS) 16.D.7 Packet Pg. 738 05/23/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 3080 Item Summary: Recommendation to forgive the final lease payment for parking lot improvements from the Naples Zoo to the County, totaling $278,100, to support the construction of a new Zoo animal hospital. Meeting Date: 05/23/2017 Prepared by: Title: – Public Services Department Name: Sean Callahan 04/19/2017 10:57 AM Submitted by: Title: Department Head - Public Services – Public Services Department Name: Steve Carnell 04/19/2017 10:57 AM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 04/25/2017 2:21 PM Public Services Department Joshua Hammond Additional Reviewer Completed 04/27/2017 11:50 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 05/03/2017 2:53 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/04/2017 7:46 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/04/2017 4:44 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2017 11:35 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/15/2017 9:33 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/15/2017 8:16 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/16/2017 4:43 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM 16.D.7 Packet Pg. 739 16.D.7.a Packet Pg. 740 Attachment: Letter from Zoo President & CEO (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.b Packet Pg. 741 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.b Packet Pg. 742 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.b Packet Pg. 743 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.b Packet Pg. 744 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.b Packet Pg. 745 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.b Packet Pg. 746 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.c Packet Pg. 747 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.c Packet Pg. 748 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.c Packet Pg. 749 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.c Packet Pg. 750 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) Lease#PS— 106 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. 1 16.D.7.d Packet Pg. 751 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 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 Lam- L BY: t 6 Witness(signature) Cha 4 a dll s 1%-' A pri name) Print name PRKsgm ICEC AAI4 I A nesss(sig iliWit 1 OA' air' S print name) AS TO THE LESSOR: BOARD OF COUNTY COMMISSIONERS, ATTEST:COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: / eg, a4fee... Bn' teL. itt t as t r aps rk TIM NANCE, CHAIRMAN R, Approved' s , s F and le ali 1f / liPi Jeffrey A. a Tow, County Attorney i 1 2 16.D.7.d Packet Pg. 752 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) r Exhibit Naples Zoo August 27, 2014 v K kl ' it i 4 II r 11:,... ..;... A a M4M Ie 4 k it rte.. t"-2. ' r ' Clw i I d1.111. 4 ir Ilk . irirrir , . . r s • t ni.r W Loneo Caunt AY FF r ow+Y* wa ,s Fi ':.... . t.4N 0..•3kift 16.D.7.d Packet Pg. 753 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 11J IMPROVEMENTS TO PARKING AREA AGREEMENT Naples Zoo THIS AGREEMENT is made and entered into this 13th day of November, 2012, by andbetweenNaplesZoo, 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. t 16.D.7.d Packet Pg. 754 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) i 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$5,000.00 shall be discussed by both parties prior to the contracting of any project,and which costs will be shared equally. Signatures appear on next page) 2 16.D.7.d Packet Pg. 755 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 11'J IN WITNESS WHEREOF, the County and the Zoo have hereto executed this Agreement the day and year first above written. AS TO THE ZOO: Date: fl^G •20/2-- WITNESSES: Naples Zoo,Inc., 2 ` V a Florida not-for-profit corporation Corporate Seal) Signature X/i/By: 1/ print name) oard Chairman I) /vn print name) tuj- r-9- VA 1,S e 1 'Tck't a print name) AS TO THE COUNTY: 3- i ATTEST: '." BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRQCK-i CLERK COLLIER COUNTY,FLORIDA ltiabelLr)BY: D- • er FRED W.COYLE,CHA ' S N Attest a's t ;Ci a r t- J i$n9 s1t€"a Appro a , i • • . and legal sufficiency: Jeffrey ' . latzkow, County Attorney 3 16.D.7.d Packet Pg. 756 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 1 1 J r..1 li I I ccnro 1 Z.. 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AZ e2.„ la :nil : C 5. 4 ( ( ..• 9 AS z4, ti I 16.D.7.d Packet Pg. 757 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 11J LEGAL DESCRIPTION OF CROSS SHARE AG' EMENT 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 1/, 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'I 1"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 00025'19"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 16.D.7.d Packet Pg. 758 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) 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 i' RS,PLANNERS&SURVEYORS AND MAPPERS BY WAYNE D. AG •OLI ,R.S.M. NO.5335 DATE A 'IA Jt 2 16.D.7.d Packet Pg. 759 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment) Date: Invoice #: Bill to: 1590 Goodlette Frank Road Naples, Fl. 34102 Total Due Invoice Collier County Department of Public Service Parks and Recreation Division 15000 Livingston Road - Naples, FL 34109 Phone (239) 252-4000 - Fax (239) 514-8657 Website: colliergov.net John J, Mulvena, President and CEO Naples Zoo, Inc. Job Payment Terms Final -Payment 5 of 5 Upon Receipt 306-116360-366900-80065 Description Total $ Payment is due no later than June xx, 2017 $ Make all checks payable to Collier County Parks & Recreation Div. (CCPRD) Thank you for your business! 16.D.7.e Packet Pg. 760 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.e Packet Pg. 761 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment) Invoice 278,055.80$ 278,055.80$ 16.D.7.e Packet Pg. 762 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment) 16.D.7.e Packet Pg. 763 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment)