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Agenda 05/13/2013 Item #16E 35/14/2013 16.E.3. EXECUTIVE SUMMARY Recommendation to approve a License Agreement with Naples Seventh -Day Adventist Church for use of parking spaces for the public to access the Rich King Greenway. OBJECTIVE: A License Agreement is required to secure parking spaces for members of the public to use when accessing the Rich King Greenway. CONSIDERATIONS: The Naples Seventh -Day Adventist Church ( "Church ") located at 5050 Davis Boulevard has agreed to allow the County use of four parking spaces in order for the public to access the Rich King Greenway from the Davis Boulevard location. The Rich King Greenway is a three mile path along the FPL corridor easement in East Naples that was designed for walkers, joggers, cyclists and in -line skaters. The path extends from Radio Road to Rattlesnake Hammock Road and is managed and maintained by the Parks and Recreation Department. The attached License Agreement (`Agreement') provides for a ten year term with one, ten year automatic renewal. The Agreement contains a provision for either party to terminate the lease, at any time, by providing the other party with thirty -day advanced written notice. The Church has offered the four unreserved parking space to the County without charging annual rent. The attached Agreement has been reviewed by the Parks and Recreation Department and by the Office of the County Attorney for legal sufficiency. FISCAL IMPACT: There is no fiscal impact related to this Agreement. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The attached License Agreement has been reviewed and approved by the Office of the County Attorney for legal sufficiency. — JAK RECOMMENDATION: That the Board of County Commissioners approves the attached License Agreement with Naples Seventh -Day Adventist Church, and authorizes its Chairwoman to execute same. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department Packet Page -3356- 5/14/2013 16.E.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.3. Item Summary: Recommendation to approve a License Agreement with Naples Seventh - Day Adventist Church for use of parking spaces for the public to access the Rich King Greenway. Meeting Date: 5/14/2013 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities 4/11/2013 12:35:55 PM Submitted by Title: Property Management Specialist, Senior,Facilities Name: DowlingMichael 4/11/2013 12:35:57 PM Approved By Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 4/15/2013 10:59:09 AM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 4/15/2013 2:00:11 PM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 4/16/2013 8:46:58 AM Name: BetancurNatali Title: Operations Analys, Parks & Rec -NCRP Admin Date: 4/16/2013 4:06:42 PM Name: KlatzkowJeff Packet Page -3357- Title: County Attorney Date: 4/24/2013 3:10:25 PM Name: PriceLen Title: Administrator, Administrative Services Date: 5/2/2013 11:09:28 AM Name: KlatzkowJeff Title: County Attorney Date: 5/2/2013 2:06:15 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 5/2/2013 2:58:18 PM Name: KlatzkowJeff Title: County Attorney Date: 5/2/2013 3:18:29 PM Name: OchsLeo Title: County Manager Date: 5/2/2013 5:07:32 PM Packet Page -3358- 5/14/2013 16.E.3. 5/14/2013 16.E.3. License PS - LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "License "), entered into this day of , 2013, between NAPLES SEVENTH -DAY ADVENTIST CHURCH, a Florida Not - For -Profit Corporation, whose mailine address is 5050 Davis Boulevard, Naples, Florida 34104 ('LICENSOR'), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is in care of Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 (`LICENSEE'). WITNES SETH In consideration of the mutual covenants contained herein the parties agree as follows: ARTICLE 1. Demised Premises LICENSOR hereby Licenses to LICENSEE and LICENSEE hereby Licenses from LICENSOR four unreserved parking spaces located at 5050 Davis Boulevard, Naples, Florida, shown on Exhibit "A" which is attached and made a part of this License, hereinafter referred to as the "Demised Premises," for the sole purpose of vehicle parking spaces for public parking for LICENSEE'S invitees to access the Rich King Greenway. LICENSEE shall not be allowed to park any vehicles overnight. LICENSEE covenants and agrees not to use, occupy, suffer or permit said'Demised Premises or any part thereof to be used or occupied for any purpose other than the lawful parking of motor vehicles. LICENSEE shall always refrain from any use of the Demised Premises that interferes with or adversely affects the operation of LICENSOR'S activities at LICENSOR'S facilities. ARTICLE 2. Term LICENSEE shall have and hold the Demised Premises for a term of ten (10) years (`Initial Term') to commence upon a date in which LICENSEE provides written notice to LICENSOR of LICENSEE'S anticipated utilization of the Demised Premises. This License shall automatically renew for an additional ten (10) years following the Initial Term, provided LICENSEE is not in material default of any of the terms of this License, under the terms and conditions as provided herein. LICENSOR and LICENSEE can terminate this LICENSE at any time by giving the other parry at least thirty (30) days advance written notice of the intent to terminate. ARTICLE 3. Rent and Obligations of PARTIES In the spirit of the community, LICENSOR will not require LICENSEE to provide rent for use of the Demised Premises. Packet Page -3359- `�.f 5/14/2013 16.E.3. ARTICLE 4. Modifications to Demised Premises LICENSEE shall not be permitted to make any changes, alterations, additions or improvements to the Demised Premises, nor shall LICENSEE be permitted to install any signage on the Demised Premises unless so approved by LICENSOR. ARTICLE 5. Access to Demised Premises LICENSOR, its duly authorized agents, representatives and employees, shall have the right without any notice to LICENSEE. to enter into and upon the Demised Premises or any part thereof at all hours for the purpose of examining same and making repairs or improvements therein, and for the purposes of inspection for compliance with provisions of this License. ARTICLE 6. Assignmentand Subletting LICENSEE shall not assign this License nor sublet the whole or any part thereof, nor permit any other persons, other than another County agency, to use same for parking of motor vehicles or any other use without the prior expressed written consent of LICENSOR to do so. Any such assignment or subletting, even with the consent of LICENSOR, shall not relieve LICENSEE from its obligations under this License. ARTICLE 7. Indemnity and Insurance The LICENSEE will, at all times, carry comprehensive general liability insurance in an amount not less than the sum of One Hundred Thousand Dollars and 00/100 Cents ($100,000) single occurrence, Two Hundred Thousand Dollars and 00/100 Cents ($200,000) aggregate. The cost of all such premiums on all such policies shall be paid and bome by the LICENSEE. ARTICLE 8. Maintenance LICENSOR shall provide general maintenance to the Demised Premises. ARTICLE 9. Default by LICENSEE Failure of LICENSEE to comply with any provision or covenant of this License shall constitute a default and LICENSOR may, at LICENSOR'S option, terminate this License after thirty (30) days written notice to LICENSEE, unless the default can be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 10. Default by LICENSOR LICENSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LICENSOR shall have failed to perform such obligations within sixty (60) days (or such additional time as is reasonably required to correct such default) after written notice from LICENSEE to LICENSOR properly specifying wherein LICENSOR has failed to perform any such obligation(s). Packet Page -3360- 5/14/2013 16.E.3. The failure of either parry to insist upon strict adherence to any single term of this License on one or more occasions shall not be considered a waiver or deprive that parry of the right thereafter to insist upon strict adherence to that term or any other term of this License. ARTICLE 11. Notices Any notice which LICENSOR or LICENSEE may be required to give to the other parry shall be in writing to the other parry at the following addresses: LICENSEE: Collier County c/o Real Property Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 cc: Parks and Recreation Director ARTICLE 12. Left blank intentionally. ARTICLE 13. General Provisions LICENSOR: Naples Seventh -Day Adventist Church 5050 Davis Boulevard Naples, Florida 34104 LICENSEE understands that the police and la", enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LICENSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LICENSEE and shall involve no cost or expense to LICENSOR. ARTICLE 14. Left Blank intentionally. ARTICLE 15. Effective Date This License Agreement shall become effective upon execution by both LICENSOR and LICENSEE. ARTICLE 16. Governing Lawn This License Agreement shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 17. No Third Party Beneficiaries This License does not create and shall not be construed as creating any rights enforceable by any person not a party to this License. Packet Page -3361- 5/14/2013 16.E.3. ARTICLE 18. Severabilily If any provision of this License is determined invalid, unenforceable or illegal for any reason, the remainder of this License shall remain in full force and effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other person and circumstances. - IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LICENSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk AS TO THE LICENSOR: DATED: ATTEST: Corporate Secretary form and legal sufficiency: Jeffrey A 4" County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: GEORGIA A. HILLER, ESQ., Chairwoman FLORIDA CONFERENCE ASSSOCIATION OF SEVENTH -DAY ADVENTISTS, a Florida Not -For- Profit Corporation BY: Director President (print name) 4 Packet Page -3362- 5/14/2013 16.E.3. x t 'A' Packet Page -3363- {_`