Agenda 11/18/2014 Item # 16E 711 /18/2014 16. E.7.
EXECUTIVE SUMMARY
Recommendation to execute a Third Amendment to Lease Agreement with Naples Zoo,
Inc. redefining the leased area to include the expanded 8.5 acre primary parking area.
OBJECTIVE: To include approximately 8.5 acres to the leased area for Naples Zoo, Inc.
CONSIDERATIONS: Under the current Lease Agreement, as amended, the Naples Zoo leases
approximately 44.1 acres. The most recent amendment to the Lease Agreement specifically
excluded approximately 8.5 acres, formerly referred to as the 'grassy parking area,' in the event
the land was needed for the Gordon River Greenway Project. Now that the Zoo's parking area
is finished, and the Gordon River Greenway Project is nearing completion, County staff and Zoo
representatives have agreed that the Zoo's leased area can now include the 8.5 acres.
The proposed Third Amendment to Lease Agreement incorporates the entire parking area into
the Zoo's leased area and clarifies the responsibility for costs such as maintenance, utilities and
insurance coverage for the additional acreage.
Attached is a reference map showing the portion of the parking area to be included in the leased
area (referred to as 8.5 Acres) and a map of the entire area to be included in the Zoo's Lease
(referred to as New Boundary).
The Amendment has been reviewed and approved by the County Attorney's Office, the Parks
and Recreation Department and the Parks and Recreation Advisory Board.
FISCAL IMPACT: There is no fiscal impact associated with this matter.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
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: That the Board of County Commissioners approves the attached Third
Amendment to Lease Agreement with Naples Zoo, Inc.
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
14 -RPR- 02630/1123064/1 ]
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11/18/2014 16.E.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.7.
Item Summary: Recommendation to execute a Third Amendment to Lease Agreement
with Naples Zoo, Inc. redefining the leased area.
Meeting Date: 11/18/2014
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
10/27/2014 9:52:29 AM
Submitted by
Title: Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
10/27/2014 9:52:30 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 10/27/2014 10 :50:22 AM
Name: LinguidiDennis
Title: Manager - Facilities, Facilities Management
Date: 10/27/2014 3:40:32 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 1 0/29/2014 10:20:19 AM
Name: WilliamsBarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 1 0/30/2014 9:19:51 AM
Name: PriceLen
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11/18/2014 16.E.7.
Title: Administrator - Administrative Services, Administrative Services Division
Date: 10/30/2014 12:02:29 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/30/2014 3:05:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/30/2014 3:25:14 PM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: l l /4/2014 10:36:49 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: l 1 /6/2014 3:32:55 PM
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8.5 Acres
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11/18/2014 16.E.7.
Lease #PS — 106
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this 28`" 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 1.2, 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 .Tune 8, 2010.
WHEREAS, the LESSEE and LESSOR are desirous of amending that Lease
Agreement: and
NOI', 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 55,000.00.
3. Except as expressly provided herein, the Lease Agreement remains in hill force and
effect according to the terms and conditions contained therein, and said terns and
conditions are applicable hereto except as expressly provided otherwise herein.
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11/18/2014 16.E.7.
IN WITNESS )VHEREOF, the LESSEE and LESSOR have hereto executed this
Third Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE:
Witness (signature)
(print name)
Witness (signature)
(print name)
AS TO THE LESSOR:
ATTEST:
DWIGHT E. BROCK, Clerk
M
Approved as t/
Jeffrey A. Klat'z
Deputy Clerk
m and le
, County Attorney
NAPLES ZOO, INC.
a Florida non-profit corporation
BY:
Chairman
Print name
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, CHAIRMAN
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Exhibit
Naples Zoo
August 27, 2014
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IMPROVEMENTS TO PARKING AREA AGREEMENT
Naples Zoo
THIS AGREEMENT is made and entered into this 1P day of November, 2012, by and
between Naples Zoo, 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 fixture development and financial
responsibility by each party as to certain improvements to the Parking Area as set forth below.
1
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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
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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: 11-6 - 2012-
WITNESSES:
Signature
(print name)
Key \�,, ck210.�
(print name j
AS TO THE COUNTY:
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ATTEST: '
DWIGHT E. BRQC�,, CLERK
By:
De er
and legal sufficiency:
Jeffrey . tlatzkow, County Attorney
Naples Zoo, Inc.,
a Florida not - for - profit corporation
(Corporate Seal)
By:
oard Chairman
I►lot4 ke w D 41�A
(print name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: �Y2 -R ���
FRED W. COYLE, CHAII N
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LEGAL DESCRIPTION OF
CROSS SHARE AGREEMENT 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 '/, CORNER OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
NORTH 89 045'51" 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 04040'14" WEST 148.37 FEET
TO THE NORTH LINE OF LOT 3;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY NORTH 04 040'14" 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 89 043'25" EAST A DISTANCE OF
75.00 FEET;
THENCE SOUTH 00 016'35" EAST A DISTANCE OF 14.05 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89 043'25" EAST 47.00 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °52'11" AN ARC DISTANCE OF 47.47 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS SOUTH 3105 I' 13" WEST 114.00 FEET; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57 043'27" 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 32 015'51"
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 31057'40" AN ARC DISTANCE OF
58.55 FEET;
THENCE SOUTH 00 025'19" EAST A DISTANCE OF 67.54 FEET;
THENCE SOUTH 0502847" 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 00020'12" EAST A DISTANCE OF
494.24 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 3;
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THENCE SOUTH 89040'11 " 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 04 040'14" 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 RS, PLANNERS & SURVEYORS AND MAPPERS
BY
WAYNE D. AGN'OLI , R.S.M. NO. 5335
DATE
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