Agenda 01/28/2014 Item #16E11/28/2014 16. E.1.
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to Parking License
Agreement with Vanderbilt Real Estate Holdings, LP, for parking of beach
maintenance vehicles and storage of related equipment
OBJECTIVE: The continued use of a vacant parcel of land on Vanderbilt Beach Road for
parking and storage of the County's beach maintenance equipment.
CONSIDERATIONS: For the past six years, Coastal Zone Management has utilized
approximately 6,000 square feet of vacant space for a parking area located at the intersection of
Vanderbilt Beach Road and Gulf Shore Court (Property), in order to park beach maintenance
vehicles and storage of related equipment.
For the first two years, the landlord, Vanderbilt Real Estate Holdings, LP (Landlord), allowed use
of this Property to the County without compensation. After the second year, the Landlord
requested that the County enter into a Parking License Agreement and provide compensation
for use of the Property. The Parking License Agreement is dated January 24, 2009 and the
First Amendment to -the Parking License Agreement is dated October 7, 2011. Both are back -up
to this item.
The attached Second Amendment to Parking License Agreement (Amendment) provides for the
continued use of the Property. The Amendment includes a two -year extension which extends to
October 31, 2015. Either party is provided the option to terminate the Lease by providing thirty
days written notice to the other party. The monthly rent shall remain the same as for the past
several years at Five Hundred and Seventy -five Dollars ($575). ' The rent equates to one dollar
and fifteen cents ($1.15) per square foot, and remains considerably below fair market rent for
dike property and like uses in the area.
County staff forwarded the Amendment to the landlord in August. However, the corporation
president was ill and passed away. The corporation selected a new president recently, thus
causing the delay in submitting this document to the Board. The County maintained its liability
insurance during the holdover period of the lease.
FISCAL IMPACT: The monthly rent payments of $575 shall be withdrawn from The TDC
Beach Renourishment Fund (195), Beach Cleaning project number (90533.1).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for Board action. — JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes it's
Chairman to execute the attached Second Amendment to Parking License Agreement with
Vanderbilt Real Estate Holdings, LP.
PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item. Number: 16.16.E.16.E.1.
Item Summary:
Recommendation to approve a Second Amendment to Parking License Agreement with
Vanderbilt Real Estate Holdings, LP, for temporary parking for beach maintenance equipment.
Meeting Date: 1/28/2014
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
12/17/2013 2:51:41 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 12/30/2013 7:49:48 AM
Name: pochopinpat
Title: Administrative Assistant.Facilities Management
Date: 12/30/2013 9:27:55 AM
Name: MottToni
Title: Manager - Property Acquisition R Const M.Facilitie
Date: 1/6/2014 2:09:02 PM
Name: PerrymanClinton
Title: Project Manager,Coastal Zone Management
Date: 1/8/2014 8:22:12 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 1/13/2014 10:42:00 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
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Date: 1/13/2014 5:23:52 PM 101-%,
Name: KlatzkowJeff
Title: County Attorney
Date: 1/16/2014 9:05:43 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 1/18/2014 1:31:49 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/21/2014 8:36:33 AM
Name: DurhamTim
Date: 1/21/2014 10:22:17 AM
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Leas,. 10(;
SECOND A\14ENDMENT TO PARKING LICENSE AGRFEMENT
THIS SECOND AMENDMENT TO PARKING LICENSE AGREEMENT entered into this
daN, of 201 at Naples. Collier County. Florida. by and between
VANDERBILT REAL ESTATE HOLDINGS, LP. whose mailing address is 15 South 5th Street. Suite 900.
Minneapolis. Minnesota 55402. hereinafter referred to as "LICENSOR", and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3335 East Tamiami Trail. Suite 101.
Naples. Florida 34112, hereinafter referred to as "LICENSEE".
AN'l T N E S S E T 11
i-jave,_previousjy entered -into a Parking,Liarmse Agreemew,dated
January 211, 2009, and a First Amendment to Parkin- License Aareement dated October 7. 201 L. which are
attached hereto and made a part hereof this Second Amendment to Parking License Agreement,
WHEREAS. the LICENSOR and LICENSEE are desirous of amending the Parking License Agreement to
extend the term and provide for rent during the extended term: and
NOW THEREFORE. in order to continue Licensee's use of the Licensed Premises.. the parties agree as
follows:
1. If this I-ease is not terminated or expired by October 31. 2013, this Lease shall automatically renew for
two (2) additional terms of one (1) year each.
The LICENSSE and LESSOR shall have the right to terminate this Agreement at any time by providing
thirty (30) days prior written notice of such termination to the other party, at the address set forth in item 3 below. Said notice period shall be effective upon placement of the written notice in an official
depository of the United States Post Office. Registered or Certified Mail. Postage Prepaid or by an-,
overnight mail service.
2. The following provision shall be added to itein 2 of the Agreement:
The monthly ren! beginning -November L 2013 through Octobe. 31. 20145. shall be S-575- The monthi�
rent shall be made payable and mailed to Vanderbilt Real Estate Holdings. LP., I" South Street. Suite
9J 0. Minneapolis, MN _55402. Monthly rent is due at the aforementioned address by the First day of each
month.
Notices to fhe parties:
To LICENSOR:
Vanderbilt. Real Estate Holdim_,s. LP
15 South 5"' Street, Suite 44-0,
Minneapolis. MN 55402
'Yo LICENSEE:
Board of County- Commissioners
c/o Real Property Manaaernent/Leasina Agent
3335 East Tamiami Trail, Suite 101
Naples. Florida 34112
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4. Except as expressly provided herein. the Agreement and the First Amendment between Vanderbilt Rea:
Estate Holdings. I.P. and Collier Count,. a political subdivision of the State of Florida. remain in full
force and effect according; to the tens and conditions contained therein. and said terms and conditions
are applicable hereto except as expressiy provided otherwise herein.
IN WITNESS WHEREOF. the LICENSOR and LICENSEE have hereto executed this Second
Amendment to Parking License Agreement the day and year first above written.
AS TO THE LICENSEE:
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COUNTY. FLORIDA
DWIGHT E. BROCK. Clerk
BY: BY
AS TO THE LICENSOR: VANDERBIL,T REAL ESTATE HOLDINGS_ LP
(Print Name)
Witness (Signature i
(Print Name)
Approved as to form and Iegalin,:
Jennifer A. Belpedio. Assistant County Attorney
BY P -; : __
1
President or Vice President of Vanderbilt Enterprises.
Inc.. General Manager- for Vanderbilt Real Estate
Holdings. LP
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Lease #CZM 100
FIRST AMENDMENT TO PARKING LICENSE AGREEMENT
THIS FIRST AMENDMENT TO PARKING LICENSE AGREEMENT entered into this -7,1-41 day of
yz i w�
2011 at Naples, Collier County, Florida.. by and between VANDERSILT REAL
ESTATE HOLDINGS. LP, whose mailing address is 15 South 5 " Street_ Suite 900, Minneapolis. Minnesota
55402, hereinafter referred to as "LICENSOR ", and the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, whose mailing address is 3335 East Tamiami Trail. Suite 101, Naples, Florida 34112.
hereinafter referred to as "LICENSEE".
W ITNESSETH
WHEREAS. LICENSOR and LICENSEE have previously entered into a Parking License Agreement dated January
27. 2009. which is attached hereto and made a part hereof this First Amendment to Parking License Agreement;
WHEREAS, the LICENSOR and LICENSEE are desirous of amending the Parking License Agreement: and
NOW THEREFORE, in consideration of the covenants and agreements provided within said Parking License
Agreement dated January 27, 2009, hereinafter referred to as "Agreement and Ten Dollars ($10.00) and other
valuable consideration, is hereby amended as follows:
1. The following provision shall be added to item 3 of the Agreement:
This Agreement is hereby extended until October 31,
Agreement for an additional one (1:) -ear following;
LICENSOR with thirty (30) days prior written notice
forth in item3 below.
201.2. LICENSEE shall have the option to extend the
the October 31. 2012 expiration date by providing.
of LICENSEE'S intention to renew at the address set
The LICENSEE and LESSOR shall have the rig *ht to terminate this Agreement at any time by providing thirty
(30) days prior written notice of such termination to the other party at the address set forth in item 3 below.
Said notice period shall be effective upon placement of the written notice in an official depository of the
United States Post Office, Registered or Certified Mail, Postage Prepaid or by any overnight mail service.
?. The following provision shall be added to item 2 of the Agreement:
The monthly rent beginning November 1, 2011 shall be 5575.00 for the first full year of the renewal term.
Monthly rent shall be mailed to Vanderbilt Real Estate Holding. LP. 15 South 5 "' Street. Suite 910.
Minneapolis, MN 55402. Monthly rent is due at the aforementioned address by the first day of each month.
Failure to pay said rent by the 4 '�, day of each month shall result in a penalty charge of $20 per day.. staring
retro to the fired day of the month.
3. Notices to the parties:
To LICENSOR: To LICENSEE:
Vanderbilt Real Estate Holdings, LP Board of County Commissioners
15 South 5h Street. Suite 910 c/o Real Property Management/Leasing Agent
Minneapolis, MN 55402 3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
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4. Except as expressly provided herein. the Parking License Agreement between Vanderbilt Real Estate
Holdings, LP, and Collier Count}-, a political subdivision of the State of Florida, dated January 2 , 2009
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 First
Amendment to Parking License Agreement the day and year first above written.
AS TO THE LICENSEE:
4 z • �r BOARD OF COUNTY COMMISSIONERS,
ATTEST6o, COLLIER COUNTY, FLORIDA
J*-IGH7� $CK, Glerk,
BY:
FRED W. COYLE, Chairman >-
{T>
AS TO THE LICENSOR: VANDERBILT REAL ESTATE HOLDINGS. LP
r ,l
DATED: /p - -7- /( BY: t
GARY M.'.JONE -reasurer
Vanderbilt Enterprises, Inc... General Manager for
tom, Vanderbilt Real Estate Holdings. LP
W' ess (Signature)
A01 gk,4
(Prinf Name)
Witne "ss (Signature)
(Print Name)
Approved as to form and legal sufficiency:
Jennifer B. VThite. Assistant County Attorney n
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PARKING LICENSE AGREEMENT
THIS LICENSE AGREEMENT ('i4greemer' ), made and entered into this day of
2009, by and between Vanderbilt Real Estate Holdings, LTD whose address or principal place
of business is 15 South 5�` Street #900, Minneapolis, Minnesota 55402 hereinafter referred to as
"Licensor", and Collier County a political subdivision of the state of Florida whose address or-
principal place of business is 3301 Tamiarni Trial East Naples, FL 34112 hereinafter referred to
as "Licensee ".
in consideration of the mutual promises hereunder, the parties agree as foliows:
PA
4
Licensor hereby grants Licensee a non - exclusive license to park its vehicle(s) in the
parking area delineated on the site plan attached hereto and mace a part hereof as
Exhibit "A" ("Licensed Premises'). Only a license to park is granted hereby. No bailment
is created.
For the first wear 'of Licensee's use of,4he Ljcenseik Premises, Licensee agrees to pay
Licensor a monthIyficem;efieeAn the amount of $500,00. The monthly license fee will
increase to $5215.00 per I mo-rnfi In the second year of this agreement and $55D.00 in the
third year-,of this agreement. - Monthly , license fees are to be mailed to WeAsh Companies
FL, ln6_2400_9'" Street North #101, Naples, FL 34103. Monthly license fees are due the
first of,each month. Failure to pay license fee by the 5'1" day of each month shall result in
a penafty charge of $15.00 per day.
This Agreement shall commence on the 1_" day of November, 2006 and terminate on the
31st clay of October, 2011. Either party May terminate this Agreement after the first 12
months of the initial term with thirty (30) days prior writter, notice, If the term, herein
commences on a day other than the first day of a calendar month, Licensee shall pay to
Licensor the prorated tee for the number of days trial exist prior to the first day of triE
succeeding month with a similar adjustment being made at the termination of this
Agreement. ;Should - Licensee utitac ine Licensed Premises after the termination date
without the benefit of a fulty-executed ana current Agreement It shall be deemed to be a
license from Month to month at the monthly ficense fee specified in section 2, sobiec' to
all of the other terms of this Agreement.
Notices snall be,senl, by U.S. registered or --ertified mail, retum receipt reouested, and
shat! be deemed effective upon posting in the U.S. mail deposhory with sufficient postage
attached therelo. Notices shall be sent to the foliowing addresses:
Licensor: c/o Welsh Companies FL, Inc Licensee: 'Board of Count•
2400 R"� Street Norl h # 1 () 1 Commissioners clo Real Estate Services
Naples, FL34103 3301 Tamiami Tria! East
Admtri. Building
Naples, FL 34112
Paoe I of 4
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5. Licensee shall, unless specified herein to the contrary, maintain the Licensed Premises in
good repair during the term of this Agreement. Licensee shall keep the Licensed
Premises free from obstructions and shall not impede access to the Licensed Premises,
6. Licensor warrants and represents to be the owner of; or the authorized representative or
agent of the owner of, the Licensed Premises with full power and autharity to execute this
Agreement.
7. The laws of the State of Florida and rules and regulations issued pursuant thereto shall
be applied in the interpretation, execution and enforcement of this Agreement. Any
provision of this Agreement, whether or not incorporated herein by reference, which
provides for arbitration by any extra - judicial body or person or which is otherwise in
conflict with said laws, rules and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to
negate this or any other provision in whole or in part shall be valid or enforceable
or available in any action at Taw whether by way . of complaint, defense or
otherwise. Any provision rendered null and void by the operation of this provision will
not invalidate the remainder of this Agreement to the extent that this 'Agreement is
capable of execution.
8. If the Licensed Premises shall be taken by right of eminent domain, in whole or in part,,
then this Agreement, at the option of either party, shall forthwith cease and terminate and
the license fee shall be properly appo.ioned to the date of such taking.
9, in the event the Licensed Premises are rendered unfit for Licensee's purposes by fire or
other casualty, this Agreement will immediately terminate and no license fee shall. accrue
to Licensor from the date of such fire or casualty, in the event the Licensed Premises are
damaged by fire or other casualty so that there is partial destruction of the Licensed
Premises or such damage as to render the Licensed Premises partially un €it for
Licensee's purposes, either party may, within five (5) days of such occurrence, terminate
this Agreement by giving written notice tc the other party. Such termination shall be
effective no' less than fifteen (15} days from :the date of mailing of the notice. License
fees shall be apportioned to the effective date of termination.
10, This Agreement, inciuding all exhibits, supersedes any and all prior written or era!
agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other
amendment hereto shat; have any force or effect whatsoever unless embodied herein in
writing. No subsequent novabon, renewal, addition; de �etion or other amendment hereto
shall have any force or effect unless embodied in :a written executed contract,
t rt . Licensee understands and agrees that .Licensor cannot guarantee the safety of vehicles
on the premises and also agrees that he or she will hold Licensor blameless it the event
of damage to, theft from or theft of any vehicles.
Page 2 of 4
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IN WrrNE,SS WHEREOF, the parties hereto have executed this Agreement cin the day anc year
first above written.
LICENSOR:
Vanderbilt, eal Estate Holdings, LP
By:
Print -
Tffie: lj'�
Date: j
q
Darted: 0 i P N SE E'
Attest Board of County Commissioners.,
Collier County Florida
'I ROCK, Clerk
r
by:
Y
flaw S DONNA FIALA, CHAIRMAN
Approved a to fam and legal sLffmctency:
J
Jenn#--r A, Beipeot Assistant County Attom5y'
Page of
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Exhibit "A"
"Licensed Premises"
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CTNTER B= CLOT I
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Rage 4 Of 4
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I'Audel-llilt:Bencli Road
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