Backup Documents 05/09/2017 Item #16E1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP w-
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �"
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU E 1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Coo tv torney 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 throueh#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routine order) Office Initials Date
I. .
2.
3. County Attorney Office County Attorney Office 400-)2)
n )2) S '?•`C1
4. BCC Office Board of County `k'\
Commissioners \A!` " 5\22\7\
5.
\?2\`-\5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact/ Department m i e, 446= (---- () W ;14�o 7 7Y 3
Agenda Date Item was / Agenda Item Number ‘-/�
Approved by the BCC Q. /7 /
Type of Document / j — Number of Original
Attached L L--/a NY 6 4-G'4t/ Documents Attached
PO number or account ^
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Appli bled
1. Does the document require the chairman's original signature? r Owl r\ /A
2. Does the document need to be sent to another agency for additional signatures? If yes, / /l
provide the Contact Infouuation(Name;Agency; Address;Phone) on an attached sheet. ! Y
3. Original document has been signed/initialedfor legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed ' 4pby the Office of the County Attorney. #
4. All handwritten strike-through and revisions have been initialed by the County Attorney's , f
Office and all other parties except the BCC Chairman and the Clerk to the Board 123,- `
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
signature and initials are required.
7. In most cases (some contracts are an exception),the original document and this routing slip /
should be provided to the County Attorney Office at the time the item is input into SIRE. ti / A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of your deadlines!
8. The document was approved by the BCC on � .(enter date) and all changes made "-tftt°1-11‘71.41011--51
during the meeting have been incorporated in the attached document. The County v
Attorney's Office has reviewed the changes, if applicable. sto.A '-a
9. • Initials of attorney verifying that the attached document is the version approved by the :,:=l�,E c,
BCC,all changes directed by the BCC have been made, and the document is ready for the 1.--.01'.1;31-4--6,,t,441
� ;d 4� .
Chairman's signature. i:'fly* ':
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/1")
16E1
�c�L.Llh�t'
• Memorandum
•
l I F O R 1 0 P
'(: (TNA
To: Minutes and Records
Clerk to the Board
From: Michael Dowling`
Senior Property Management Specialist
Real Property Management
Date: May 9, 2017
Subject: Lease Agreement—Avalon Elementary
BCC: May 9, 2017, Item 16 E 1
Please attest and provide me with an electronic copy AND one original.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
Ann P. Jennejohn 16 E 1
From: Ann P.Jennejohn
Sent: Tuesday, May 23, 2017 2:57 PM
To: 'MichaelDowling@colliergov.net'
Subject: Agenda Item #16E1 (5-9-17 BCC Meeting)
Attachments: Backup Documents 05_09_2017 Item #16E1.pdf
From:Ann P.Jennejohn
Sent:Tuesday, May 23, 2017 2:56 PM
To: 'Dowling, Michael' <MichealDowling@colliergov.net>
Subject:Agenda Item #16E1 (5-9-17 BCC Meeting)
Hi Michael,
An electronic copy of Item #1.6E1, from the May 9, 2017 BCC Meeting
is attached for you. The other original will be returned to you.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
2.3(4-252-8406 Fax 239-252-8408
1 6 E1 -
MEMORANDUM
Date: May 23, 2017
To: Michael Dowling, Sr. Property Management Specialist
Real Property Management
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Avalon Elementary School Lease Agreement
Attached, for your records is an original agreement, referenced above, (Item #16E1)
approved by the Board of County Commissioners on May 9, 2017.
The second original agreement will be held by this department for the Board's
Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
1 6 E1
LEASE AGREEMENT
(Avalon Elementary School)
This Lease Agreement ("Agreement") entered into this !day of /r1 4-y , 2017, by
and between Collier County, a political subdivision of the State of Florida, ("County") and the
District School Board of Collier County,Florida(the"District"), together the "Parties". For good
and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby
agree and contract as follows:
SECTION I - LEASED PREMISES.
1.01 The District shall lease to the County certain property owned by the District and located
adjacent to Avalon Elementary School in Naples, Florida, consisting of approximately 6.4 acres
and more particularly described on Exhibit"A" ("Leased Premises").
SECTION II -TERM.
2.01 The District agrees to lease to the County and the County agrees to lease from District the
Leased Premises for a term of ten (10) years, commencing on May 22, 2017 and terminating on
May 21, 2027. The Parties recognize that they are providing needed public park facilities under
the terms of this Agreement and that they may desire to extend or renegotiate this lease at its
expiration, provided that the District does not need the Leased Premises for educational facilities.
SECTION III - CONSIDERATION.
3.01 The County has constructed and maintains certain recreational facilities on the Leased
Premises. The District shall not charge any fees to County for the use of any of these facilities,
except for the cost of utilities arising from the County's use of such facilities.
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SECTION IV—REPAIRS AND MAINTENANCE
4.01 The County shall be responsible for repairs and maintenance of all improvements and
facilities located on the Leased Premises which shall include but not be limited to the following
items: lighting, irrigation, mowing, and clay work. Repair and maintenance shall be in
accordance with County Park standards and/or District, County, State and Federal legally
required standards as appropriate.
4.02 The County shall have the right to replace or remove improvements and facilities on the
Leased Premises, provided that the District approves the replacement or removal in writing and
receives at least three (3) months notice of such a change. The County agrees to repair and
restore the Leased Premises in the event of any such removal. The District's approval shall not
be unreasonably withheld with respect to any requests made by the County to replace or remove
the improvements or facilities located on the Leased Premises.
SECTION V -USE.
5.01 The District shall have priority use of all facilities on Leased Premises during regular
school hours and for special school-related events or programs at times other than regular school
hours, provided that such special events are scheduled in writing at least thirty (30) days in
advance with the Collier County Parks and Recreation Director or designee. The County shall
have the right to use the facilities on the Leased Premises after regular school hours, Monday
through Friday until 10:00 p.m. and on weekends, Saturday and Sunday and also days when
school is not in session (e.g. holidays and summer vacation) from the hours of 6:00 a.m. until
10:00 p.m.
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SECTION VI—SUPERVISION & CLEAN-UP.
6.01 The County and the District shall each provide adequate personnel to supervise (and
clean-up) the use of the facilities during their respective times of use of the Leased Premises in a
manner that promotes community health, public safety and proper preservation of the public
facilities. The District reserves the right to temporary or permanently restrict or prohibit use of
the Leased Premises or any portion thereof, if the County (or its guests, users or invitees) fails to
adequately supervise or clean-up the Leased Premises.
SECTION VII - CAPITAL IMPROVEMENTS.
7.01 The County may construct capital improvements and install additional equipment to
improve the existing facilities on the Leased Premises provided that such improvements or
additions are not in conflict with school use and are approved by the District in writing and in
accordance with the terms of this Agreement. The County shall be solely responsible for any
and all costs associated with such improvements or additions. The District shall have the right to
review and approve, prior to construction, the plans, specifications and location for the
placement of all equipment, facilities, and capital improvements upon the Leased Premises and
such approval shall not unreasonably be withheld.
SECTION VIII - FENCING AND GATES.
8.01 The District shall have sole discretion over the control, operation and location of all
fences and gates located on the Leased Premises. The County shall be given access through all
gates necessary to use the Leased Premises in accordance with the terms of the Agreement.
SECTION IX—SCHOOL ADDITIONS & PORTABLE CLASSROOMS.
9.01 The County acknowledges and agrees that the District shall have the right to build
additions and/or install portable classrooms or make other improvements and modifications on
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1 6 E
the Leased Premises for school-related purposes. In the event that the District elects to makes
such improvements, installations and/or modifications, the District shall notify the County with
at least ninety (90) days written notice and shall make reasonable efforts not to adversely impact
(or terminate)the County's use of the Leased Premises.
SECTION X - INDEMNIFICATION.
10.01 To the extent provided by law, each Party agrees to hold harmless, indemnify and defend
the other Party including its agents, officers, directors and employees for any and all claims,
losses, penalties, demands,judgments, costs of suits, including attorney's fees, for any expense,
damage or liability incurred, whether for personal injury, property damage, direct or
consequential damages, or economic loss arising directly or indirectly arising from or in
connection with the use of the Leased Premises under the terms of this Agreement, except for
such damage or liability which is caused solely by the negligence of the other Party. This
indemnification shall not be deemed a waiver of any limitation of liability to which either Party
may be entitled under Florida Statutes.
10.02 The County and the District shall maintain insurance coverage in the minimum amounts
and types as required under State law. The County and the District agree that either party may
be self-insured on the condition that all self-insurance(s) must comply with all State laws and
regulations.
SECTION XI -TERMINATION.
11.01 The District and the County may, at any time, and for any reason, terminate this
Agreement upon ninety (90) days written notice to the other Party.
11.02 In the event the Agreement is terminated, the County shall have the right to remove any
and all structures, improvements and equipment that it has constructed or installed upon the
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16E1
Leased Premises upon forty-five (45) days of written notice to the District. The County agrees to
restore the Leased Premises in the event of any such removal. With respect to those capital
improvements upon the Leased Premises that were paid for solely by the County and are
permanent and not removable, the District shall reimburse the County for such improvements in
accordance with their remaining depreciated value. The reimbursement shall be made during the
next budget year and shall be in the form of actual cost of said capital improvements depreciated
by ten percent (10%) per year from the date of construction, however, no reimbursement
payments shall be required of the District after the improvements have been in use for ten (10)
years.
SECTION XII - EFFECT ON OTHER AGREEMENTS.
12.01 This Agreement is not intended to replace or otherwise amend or modify any agreements
executed by the Parties other than that certain Lease Agreement for property located at Avalon
Elementary and dated May 22, 2007.
SECTION XIII -ARBITRATION.
13.01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, as applicable. Should the problem not be resolved to the
mutual satisfaction of any Party, it shall be submitted at the request of either Party to binding
arbitration in front of a three person panel according to the rules of the American Arbitration
Association.
SECTION XIV - ASSIGNABILITY.
14.01 The Parties shall not assign any interest in this Agreement without the prior written
consent of the other.
5
SECTION XV - AMENDMENT.
15.01 This Agreement embodies the entire Agreement between the Parties and may not be
modified unless in writing, executed by both Parties.
SECTION XVI - CHOICE OF LAW.
16.01 This Agreement shall be interpreted in accordance with the laws of the State of Florida. It
is recognized that all Parties hereto have contributed substantially and materially to the
negotiations and preparation of this Agreement, and that the Agreement shall not be interpreted
more harshly against one party by virtue of its preparation.
SECTION XVII—SEVERABILITY.
17.01 In the event that any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had never
compromised a part of this Agreement, and the remaining provisions of this Agreement shall
remain in full force and effect.
SECTION XVIII -EFFECTIVE DATE.
18.01 The Effective Date of this Agreement shall be the date that the last signature as set forth
below.
SECTION XIX -NOTICE.
19.01 Any notice required to be made under this Agreement shall be made in writing and either
hand delivered or delivered by overnight courier or facsimile transmission, or sent by registered
or certified mail, return receipt requested, and addressed to the following: District School Board
of Collier County, Florida, c/o Superintendent, 5775 Osceola Trail, Naples, Florida 34109;
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Collier County, c/o County Manager, 3301 East Tamiami Trail, Administrative Building,Naples,
Florida, 34112.
SECTION XX - BINDING ON THE PARTIES.
20.01 Each Party hereby represents and warrants to the other that the execution of this
Agreement and any other documents required or necessary to be executed pursuant to the
provisions hereof are valid, binding obligations and are enforceable in accordance with their
terms.
IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written.
ATTEST: '; :_,
DWIGHT E. BROOK, Clerk BOARD OF !LINTY COMMISSIONERS,
COLLIE; 0 TY, FLORID
BY •'
D u o4'' .t v' aifman'S BY: /&iLafAdes ..�..
Penny Tayl so' ommissi sae air
signature Onix.
Approved as to form and legality:
JennifrA. Belpedio
Assistant County Attorne
THE DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
ATTEST: By:
Roy M. e y, School Bo hair
Ai I L._ darliar
Dr. Ka ela P , .erintendent
item# L�—
Approved a o form and legal sufficiency:
Agenda
Date
By: ‘vl) `'� ',
� '
J
Fishbane, District General Counsel Date LJ.
Recd
Deputy C�,
16E1
Exhibit A
(Diagram/Depiction of Leased Premises)
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16E1
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