Agenda 06/12/2012 Item #16E46/12/2012 Item 16.E.4.
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to License Agreement between the Board of
County Commissioners of Collier County, as the Governing Body of Collier County and as
Ex- Officio the Governing Board of the Collier County Water and Sewer District and Gulf
Coast Citrus Caretaking, Inc.
OBJECTIVE: For the Board to approve a First Amendment to License Agreement to reduce the
acreage being leased by Gulf Coast Citrus Caretaking, Inc.
CONSIDERATIONS: Gulf Coast Citrus Caretaking, Inc. (`Tenant'), entered into a License
Agreement with Collier County on May 27, 2008 for approximately 216 acres of land located
adjacent to the Fairgrounds. This property was purchased by the Collier County Water Sewer
District (`County') for a water treatment plaht and water reclamation facility. The development of
the site would also include a regional park, a recycling center, and several utility transmission
easements.
The previous owner of the property operated an orange grove at this location for many years. Since
the subject property was cited for future development by the County, it was agreed to allow the
former owner to continue operating the orange grove until such time that the County would develop
the property. This use has been beneficial to the County in that the Tenant acts as an on -site
caretaker, as well as generating revenue.
Rather than a fixed rent, the Agreement contains a provision for compensation for use of the
property that requires the Tenant to provide the County with fifty percent net income from the
grove's harvest. The Agreement also allows the County to amend the Agreement, whenever
necessary, for the development of this location.
At this time, the County is preparing to commence construction and requires that the existing
Agreement be amended to designate 4 acres for use by the Parks and Recreation Department and 14
acres to be used for the Solid Waste Department. The County anticipates that it will begin
construction at these sites beginning August 1, 2012 for the Big Corkscrew Island Regional Park,
which is a portion of the overall improvements, and August 1, 2013 for the Northeast Recycling
Center. These dates were coordinated with the Tenant's growing and harvest season. In addition,
when the Collier County Water Sewer District Northeast program is implemented in 2024 per the
AUIR, the License will be terminated per the provisions contained in the License Agreement.
The 4 acre parcel cited for the Parks and Recreation Department is located in the southwest corner
of the property, which is owned by the Collier County Water and Sewer District. The Parks and
Recreation Department's current plan for that parcel will be to construct access to the lake at the
future Big Corkscrew Island Regional Park. In addition to the access road, the subject parcel will
be used to also construct a boat launch and ramp for constituents to access the lake.
FISCAL IMPACT: The annual rent will be decreased due to the reduction in the acreage being
harvested.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
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6/12/2012 Item 16.E.4.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action and only requires a majority vote for
approval —JBW.
RECOMMENDATION: That the Board approves the First Amendment to License Agreement
and authorizes the Chairman to execute the attached First Amendment to License Agreement
between Collier County and Gulf Coast Citrus Caretaking, Inc.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16. EA.
6/12/2012 Item 16.E.4.
Item Summary: Recommendation to approve a First Amendment to License Agreement
between the Board of County Commissioners of Collier County, as the Governing Body of Collier
County and as Ex- Officio the Governing Board of the Collier County Water and Sewer District
and Gulf Coast Citrus Caretaking, Inc.
Meeting Date: 6/12/2012
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Semor,Facilities
5/23/2012 11:23:10 AM
Approved By
Name: MottToni
Title: Manager - Property Acquisition & Coast M,Facilitie
Date: 5/29/2012 12:30:34 PM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 5/29/2012 12:32:02 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 5/29/2012 12:56:09 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 5/31/2012 8:27:22 AM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 5/31/2012 9:24:13 AM
Name: PriceLen
Title: Administrator, Administrative Services
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Date: 5/31/2012 10:30:22 AM
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 5/31/2012 5:00:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 1:23:24 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 2:12:40 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/1/2012 6:05:57 PM
Name: OchsLeo
Title: County Manager
Date: 6/5/2012 3:02:40 PM
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6/12/2012 Item 16.E.4.
6/12/2012 Item 16.E.4.
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT entered into this day of
2012, at Naples, Collier County, Florida by and between GULF COAST CITRUS CARETAKING, INC., a Florida
corporation, whose mailing address is 5701 Fort Denaud Road, LaBelle, Florida 33975, hereinafter referred to as
"Licensee," and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO T14E GOVERNING BOARD OF the COLLIER
COUNTY WATER -SEWER DISTRICT, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida
34112, hereinafter referred to as "Licensor."
WITNESSETH
WHEREAS, the LICENSEE and LICENSOR have previously entered into a License Agreement ( "License ") dated May
27, 2008;
WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the said License dated May 27,
2008 and Ten Dollars ($10.00) and other valuable consideration, the License is hereby amended as follows:
The following provision shall be added to Article 1 of the License:
By August 1, 2012, Licensee shall vacate the area shown on Exhibit `A' which is attached hereto and made part
hereof this License, comprising of 4.0 acres in order for Licensor to begin making improvements on Licensor's property.
By August 1, 2013, Licensee shall vacate the area shown on Exhibit 'B' which is attached hereto and made part
hereof this License, comprising of 14.0 acres in order for Licensor to begin making improvements on Licensor's property.
2, Except as expressly herein, the License dated May 27 _2008 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 LICENSEE and LICENSOR have hereto executed this First Amendment to
License Agreement the day and year first above written.
AS TO LICENSEE:
DATED:
f
WITNESS (signature)
d
(print
WITN ES '(signature)
LAr'IrA -111 Y_
(print name)
AS TO THE LICENSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
form and legal sufficiency:
County Attorney
GULF COAST CITRUS CAR TAKING, INC.,
a Florida coCoration
BY: ��..
BRYAN PA President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
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