Agenda 09/22/2015 Item #16E 7 9/22/2015 16.E.7.
EXECUTIVE SUMMARY
Recommendation to approve a Third Amendment to License Agreement with St.
Matthew's House, Inc., for the continued use of parking spaces at the Government Center.
OBJECTIVE: An Amendment is required in order to extend the lease term to continue to allow
St. Matthew's House, Inc. (Licensee)the use of parking spaces at the Government Center.
CONSIDERATION: Since 1989, the Licensee, a tax exempt charitable trust, has utilized
twenty (20) parking spaces located in the north parking lot at the Government Complex after
normal business hours. The utilization of these parking spaces is essential in order for the
Licensee's food program to operate without violating County Code for required parking. Though
the spaces are licensed to the Licensee, only a few are actually used during the food program's
hours of operation. The program begins at five o'clock each evening and ends approximately
seven o'clock p.m. and has no impact to the County's operations.
The attached Third Amendment provides for an extended five (5) year term operating under the
terms of the License Agreement (License) dated August 2, 2000. Following the five (5) year
extension, the License shall automatically renew for additional five year terms. However, as
provided for in Article 2 of the original License, either party may terminate, with or without
cause, by providing thirty day written notice to the other party.
No other terms contained within the existing License Agreement or in the previous Amendments
have been altered by the attached Third Amendment.
FISCAL IMPACT: The total revenue for the five year term is Fifty Dollars and will be
deposited into General Fund (001).
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The proposed Third Amendment to License Agreement is
approved for form and legality and requires majority vote for Board action. —JAK
RECOMMENDATION: That the Board of County Commissioners approves the attached
Third Amendment to License Agreement and authorizes its Chairman to execute same.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments: Third Amendment to License Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.7.
Item Summary: Recommendation to approve a Third Amendment to License Agreement
with St. Matthew's House, Inc. for the continued use of parking spaces at the Government
Center.
Meeting Date: 9/22/2015
Prepared By
Name: DowlingMichael
Title:Property Management Specialist, Senior, Administrative Services Department
8/28/2015 10:54:26 AM
Submitted by
Title: Property Management Specialist, Senior, Administrative Services Department
Name: DowlingMichael
8/28/2015 10:54:27 AM
Approved By
Name: pochopinpat
Title: Operations Coordinator, Administrative Services Department
Date: 9/1/2015 10:14:43 AM
Name: MottToni
Title: Manager-Property Acquisition &Const M, Administrative Services Department
Date: 9/1/2015 12:25:15 PM
Name: LinguidiDennis
Title: Division Director-Facilities Mg mot, Administrative Services Department
Date: 9/1/2015 3:16:50 PM
Name: PriceLen
Title: Department Head-Administrative Svc, Administrative Services Department
Date: 9/1/2015 5:23:24 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 9/9/2015 10:19:04 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/9/2015 10:26:10 AM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 9/9/2015 12:14:58 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/9/2015 5:13:39 PM
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License#731
THIRD AMENDMENT TO LICENSE AGREEMENT
THIS THIRD AMENDMENT TO LICENSE AGREEMENT entered into this,y? day
of , 2015, at Naples, Collier County, Florida, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3335 East Tamiarni Trail,Naples, Florida 34112,hereinafter referred to as"LICENSOR,"and St.
Matthew's House, Inc., a Florida not-for-profit corporation, formerly known as Task Force for
the Homeless, a tax exempt charitable Trust,whose mailing address is 2001 Airport Road South,
Naples, Florida 34112,hereinafter referred to as "LICENSEE."
WITNESSETH
WHEREAS, on August 1, 2000, LICENSOR and LICENSEE entered into a License
Agreement regarding the use of twenty (20) parking spaces in the Collier County Government
Center parking lot, This License Agreement was subsequently amended on September 27,2005,
and September 14, 2010, in order to extend the term of the License Agreement. Copies of the
License Agreement and all amendments are attached hereto and made a part of this Third
Amendment;and
WHEREAS, the LICENSOR and LICENSEE desire to further extend the term of the
License Ageement.
NOW THEREFORE, in consideration of the covenants and agreements provided within
said License Agreement dated August 1, 2000, as amended, and Ten Dollars($10.00) and other
valuable consideration, said License Agreement is hereby amended as follows:
I. The following provision shall be added to Article 2 of the License Agreement:
This License is hereby extended until September 28, 2020, hereinafter referred to as
"Extended License Term,"and, unless either party gives the other notice to the contrary no later
than June 26, 2020, the term shall be automatically renewed for an additional five-year term
following the Extended License Term.
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2. Except as expressly provided herein,the License Agreement between LICENSOR
and LICENSEE for the utilization of the Licensed Premises described in said License Agreement
dated August 1, 2000, remains in full force and effect according to the terms and conditions
contained therein, and said terms and conditions are applicable hereto except as expressly
provided otherwise herein.
IN WITNESS WHEREOF, the LICENSOR and LICENSEE have hereto executed this
Third Amendment to License Agreement the day and year first above written.
AS TO THE LICENSEE:
ST. MATTHEW'S HOUSE,INC.
A Florida not-for-profit corporation
71,:::,,,, " "" By: �,, • 4 01
Witness(Signature) /•EVEN BRO*
oi.7/i e ! Vice President o • • :dons( t Name) I� ,
dpi , .
1,4
r /
. ess(Signature) ll
(Print Name)
AS TO THE LICENSOR:
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COUNTY,FLORIDA
DWIGHT E. BROCK.Clerk
By: By:
,Deputy Clerk TIM NANCE,CHAIRMAN
1
Approv., r*%?a - . legality:■Ill
1111..A.a
Jeffrey A I-'j- ow.
County o ,,f,
6 k5-RPR-02741V1204208J3 i
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License#731
LI NSE AGREE -NT
•
THIS LICENSE AGREEMENT entered into this I day of � t 1 - , 2000,between
Task Force for the Homeless,a tax exempt charitable Trust,by its and ed)$atecutive Director who has been
duly authorized by the Trust to execute this License Agreement, whose mailing address is 2501 South Airport
Road, Naples, Florida 34112, hereinafter referred to as "LICENSEE", and COLLIER COUNTY, a political
subdivision of the State of Florida,whose mailing address is 3301 East Tamiarni Trail,Naples,Florida 34112,
hereinafter referred to as"LICENSOR",
WITNESSETH
In consideration of the mutual covenants contained herein,and other valuable consideration, the parties
agree as follows:
ARTICLE I. Licensed Premises
LICENSOR hereby Licenses to LICENSEE and LICENSEE hereby accepts the License from
LICENSOR twenty (20) parking spaces in the Collier County Government Center parking lot, hereinafter
referred to as "Licensed Premises" in accordance with the terms of this License. Said parking spaces shall be
designated for the following uses: one(1)handicapped,one(1)loading zone and eighteen(1 8)regular.
ARTICLE 2. Term of License
LICENSEE shall have and hold the Licensed Premises for a term of five (5) years, commencing on
September 28,2000,and ending September 27,2005.
LICENSOR and LICENSEE shall have the right to terminate this bare License with or without cause by
providing the other party with thirty(30)days written notice, Said notice shall be effective upon placement of
the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage
Prepaid.
ARTICLE 3. Rent
LICENSEE hereby covenants and agrees to pay as rent for the Licensed Premises the sum of Ten Dollars
($10.00) per annum which shall be paid in full for the entire License term and payable Fifteen (15)days from
the date of execution of this License by LICENSOR.
ARTICLE 4. Modifications to Licensed Premises
LICENSEE shall not be permitted to make any changes, alterations, additions or improvements to the
Licensed Premises_
LICENSEE covenants and agrees not to Use,occupy, suffer or permit said Licensed Premises or any part
thereof to be used or occupied for any purpose contrary to lax-or the rules or regulations of any public authority.
ARTICLE 5. Assignment and Sublicensing
LICENSEE covenants and acrees not to assign this License or to sublicense the whole or any part of the
Licensed Premises, or to permit any other persons to occupy same without the written consent of LICENSOR.
Any such assignment or sublhcenstng,even with the consent of LICENSOR, shall not relieve LICENSEE from
liability for payment of License fee or other sums herein provided or from the obligation to keep and be bound
by the terms,conditions and covenants of this License.
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ARTICLE 6. indemnity
LICENSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LICENSOR, its agents and employees from and
against any and all Iiability(statutory or otherwise),damages,claims,suits,demands,judgments,costs,interest .
• and expenses(including,but no limited to,attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property
(including loss of use thereof)related to(A)LICENSEE'S use of the Licensed Premises,(B)any work or thing
whatsoever done, or any condition created(other than by LICENSOR, its employees, agents or contractors)by
or on behalf of LICENSEE in or about the Licensed Premises,(C)any condition of the Licensed Premises due
to or resulting from any default by LICENSEE in the performance of LICENSEE'S obligations under this
License, or (D) any act, omission or negligence of LICENSEE or its agents, contractors, employees,
subiicensees or invitees.hi case any action or proceeding is brought against LICENSOR by reason of any one or
more thereof, LICENSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and
shall defend such action or proceeding if LICENSOR shall so request, at LICENSEE'S expense, by counsel
reasonably satisfactory to LICENSOR.
The LICENSOR shall not be liable for any injury or damage to person or property caused by the elements
or by other persons in the Licensed Premises,or from the street or sub-surface,or from any other place,or for
any interference caused by operations by or for a governmental authority in construction of any public or
quasi-public works.
The LICENSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property, occurring on the Licensed Premises or any part thereof, and the LICENSEE agrees to hold the
LICENSOR harmless from any claims for damages, except where such damage or injury is the result of the
gross negligence or willful misconduct of the LICENSOR or its employees.
The LICENSEE hereby acknowledges that the License fee called for in Article 3 of this License has been
reduced by Ten Dollars ($10.00) and is hereby considered by LICENSOR as payment of the obligation by
LICENSEE.
ARTICLE 7.lnaurancr
LICENSEE shall provide and maintain comprehensive general liability, including contractual liability,
bodily injury and property damage in am amount not less than One Hundred Thousand Dollars and No/Cents
($100,000.00). Collier County shall he listed as an additional insured on said policy. LICENSEE shall carry
and maintain Worker's Compensation insurance to the extent required by the State of Florida. All insurance
policies required above shall be issued and written with a company or companies authorized to engaged in the
business of insurance in the State of Florida and authorized to do business under the laws of the State of Florida.
Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East
Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of
this License Agreement; and shall include a provision requiring ten (ID) days prior written notice to Collier
County cio County Risk Management Department in the event of cancellation or changes in policy(ies)
coverage. LICENSOR reserves the right to reasonably amend the insurance requirements by issuance of notice
in writing to LICENSEE, whereupon receipt of such notice LICENSEE shall have thirty (30)days in which to
o bta,n such additiurnc insurance
ARTICLE E. Administratior,
This License shat; be administered on behalf of the LICENSOR by the Public Services Administrator or
his/her designee and on behalf of the LICENSEE by the Executive Director of St.Matthew's House.
ARTICLE 9. ke ortin
During the term of this License, the LICENSEE shah submit to the Public Services Administrator on or
before the tenth (10th) day of each month an operations report including the statistical data regarding clients
served and enclosing a report on changes to operations of St Matthew's House, in order to afford Inc Public
Services Administrator the data necessary for the preparation of a report to the Board of County Commissioners
when deemed necessary by the Public Services Administrator, The Public Services Administrator shall notify
the LICENSEE in writing within thirty(30)days of a receipt of a report of any objections thereto.
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ARTICLE 10. Control and Maintenance
In an attempt to act as a good neighbor to adjacent property owners of St. Matthew's House, the
LICENSEE hereby agrees to monitor and control its clients and to make every good faith effort to reduce any
negative impacts to LICENSEE'S neighbors resulting from the operation of St.. Matthew's House on the
Licensed Premises. Such good faith efforts shall include,without limitation,trash collection and clean up of the
Licensed Premises, as well as reporting all incidents of trespassing or loitering to the appropriate authorities,
and meeting with adjacent property owners on a regular basis to discuss the LICENSEE'S operations and its
impact on the neighborhood. LICENSOR shall not be obligated or required to improve,repair,or maintain the
Licensed Premises in any manner whatsoever.
ARTICLE 11 / tztis
Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LICENSOR LICENSEE
Board of County Commissioners Chairman of Task Force for Homeless
do Real Property Management Department do Executive Director
W.Harmon Turner Building 2501 South Airport Road
3301 East Tamiami Trail Naples,Florida 34112
Naples,Florida 34112
cc:Executive Director
cc:Public Services Administrator
ARTICLE 12. Non-Discrimination
The LICENSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of
race,color or natural origin discriminate or permit discrimination against any person or group of persons in any
manner. The LICENSOR is hereby granted the right to take such action, anything to the contrary herein
notwithstanding.as the United States may direct to enforce this non-discrimination covenant.
ARTICLE 13.creneral Provision
LICENSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Licensed Premises is limited to that provided to any other business or agency
situated in Collier County,and LICENSOR acknowledges that any special security measures deemed necessary
for additional protection of the Licensed Premises shall be the sole responsibility and cost of LICENSOR and
shall involve no cost or expense to LICENSEE.
ARTICLE 14. L+f eetive Date
This License shall b .ome eff=tive upon execution by both LICENSOR and LICENSEE.
ARTICLE ?' Clovemnt Law
This License-shall be governed and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO LICENSEE. TASK FORCE FOR THE HOMELESS.
DATED: -• "` ` _ a tax exempt charitable Trust
WITNESSES: i
FRANK MEEHAN, Executive Director
{Print 2yame;
A. if' -`
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AS TO THE L1�C SOR:
DATED: 2SZ WO
ATTEST: BO' ' •F COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLI' ' C. ,F RID
BY:
,Deputy Clerk T • J. CON ANTINE,Chairman
Attest as to Chairaan's
signature only.
Approved as to form and
legal sufficiency:
ovtA
Thomas C. met.
Assistant County Attorney
• ‘40'
I �I
•
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License#731
FIRST AMENDMU T'10 LICENSE AGREEMENT
'' lls IktS I AMENDMENT TO LICENSE AGREEMENT entered into this day of
• l , 2005 at Naples, Collier County, Florida by and between COLLIER COUNTY,a
political subdivision of the State of Florida,whose maihng address is 3301 East Tarmami Trail,Naples,Florida
341 12,hereinafter referred to as"LESSOR,"and St Matthew's}louse,Inc.,a Florida not-k ir-profit corporation,
formerly known as Task Force for the I lomeless, a tax exempt charitable Tmst, hereinafter referred to as and
"LESSEE."
WITNESSETH
WHEREAS, Collier County and St. Matthew's !Iouse, Inc. have previously entered into u License Agreement
dated August 1.2000;
WHEREAS,the LESSOR and LESSEE arc desirous of amending the License Agreement;
NOW TIIFREFiORL. in consideration nl the covenants and agreements provided within said [."accuse
Agreement dated August I, 201)0, and "Len Dollars 1$10.00) and other valuable consideration, said License
Agreement is hereby amended as follows:
I The (ollowiug rtrnvisinn shall he added to Article 2 srl the license Agreement:
'lilts License is limb) extended wail September 2:. 2010, hereinafter referred to as "I'.xtendcd License
'Fern)"
2 Except as cxhrecsb Irtnvideil herein, the License Agreement between Collier Courtly, it political
suhdiviston nl the Suite of 1 ioi uta and Stunt Rialthew's I louse, Inc lot rite utilization of the Demised Premises
described in saki License Acts'emciil dated August I )UUtl renr,tins in lull force and effect according to the
terms rind conditions contained therein, and said terms and conditions arc applicable hereto except as expressly
provided iidi tisisc herein
IN WTI NESS \1'111:1{l O , Ilie I.IHSOR and LLSSlii_ t as, Anicndnucn!
to-.) ir._c .t the dat. .:-;,' ■.,';is Efts altm.e notice
Ili C I V I 1`;i 1N(' 1'I iiida ant-In,-pnrfit
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1, i ntdnl c± l'ANN It i I 1 ISi)N Executive Lill kit
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iincs, t-`elentit l•et
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Attest ai+7tq:
slimeturt only
I,tllit tini I Tai'i lli:-ic"n:
I'::'' ,1Lt An(1111r,
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SECOND AMENDMENT TO LICENSE AGREEMENT License#731
THIS SECOND AMENDMENT TO LICENSE AGREEMENT entered into this /7/ of
f,--- ,2010 at Naples,Collier County,Florida by and between COLLIER COUNTY,a
politica subdivision of the State of Florida,whose mailing address is 3301 East Tamiami Trail,Naples,Florida
A
34112, hereinafter referred to as "LICENSOR," and St. Matthew's House, Inc., a Florida not-for-profit
corporation,a tax exempt charitable Trust,whose mailing address is 2001 Airport Road South,Naples,Florida
34112,hereinafter referred to as "LICENSEE."
WITNESSETH
WHEREAS, Collier County and St. Matthew's House, Inc. have previously entered into a License Agreement
dated August 1,2000 and a First Amendment to License Agreement dated September 27,2005;and
WHEREAS,the LICENSOR and LICENSEE are desirous of amending the License Agreement;and
NOW THEREFORE, in consideration of the covenants and agreements provided within said License
Agreement dated August 1,2000,and said First Amendment to License Agreement dated September 27,2005,
and Ten Dollars (510.00) and other valuable consideration, said License Agreement is hereby amended as
follows:
1. The following provision shall be added to Article 2 of the License Agreement:
This License is hereby extended until September 28,2015,hereinafter referred to as"Extended License
Term."
2 Except as expressly provided herein, the License Agreement between Collier County, a political
subdivision of the State of Florida,and Saint Matthew's House,Inc.for the utilization of the Demised Premises
• described in said License Agreement dated August 1, 2000, 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.
IN WI:'NESS WHEREOF, the LICENSOR and LICENSEE have hereto executed this Second
Amendment to License Agreement the day and year first above written,
AS TO THE LICENSEE ST. MATTHEW'S HOUSE, INC., Florida not-for-profit
corporation
DATE,J; >7./A"?/;0 ` �-
�-_ ! BYl�
Witnes• ignature) LOU HOEGSTEAD,Chief Financial Officer
f 7
(Rrtrx,Name)
Wi ss gnature)
-� t
...i j':1
i._'-',Q(,4_ 1'YLYi'
(Print acne)
AS TO THE LICENSOR:
DATED: . 1 =- -
:�
BOARD OF COUNTY COMMISSIONERS,
ATTEST COLLIER COUNTY,FLORIDA
DWIGHT E.BROCK,Clerk J/
0 *snot ii-tip i1 i!miteAt: FRED W.CCYLL',Chairnran'_!
Approved as to form and legal sufficiency:
Jennifer B'`hite
Assistant County Attorney
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