Agenda 10/25/2011 Item #16E51025!2011 Item 16.E.5.
EXECUTIVE SUMMARY
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Recomm ndRU n to approve a Flat Amarninrerk to Parking License Agreement
with Vanderbilt Rai Esbte Holdings, LP, for temporary parking for Meath
mairNenanee equipment at a Mat year annual cost of $6,600.
n
OBJECTIVE: To obtain Br avi of County Commisslonere (goad) approval a a Fret
Amentlmed b Perking license Agreement with Vanderbilt Real Estate Holdings, LP, for
temporary perking for beach maldamnce equipment.
CONSIDERATIONS: For Me peal four yarn, Coastal Zone Wrogeimnt has WIIired a pending
area loosed at Me InMreeclia of GuNsMie Court and Ceder Mass Nonh, ad)eced W
Vanderbilt Bach diva (Property), In order to atr beach Mantanence vehicles.
For the Met twit yeas, the landldd, Vanderbilt Real Estate Holdings, LP (tandionf), slowed use
Of to Property W the County without cwnpensatice. Ahw Me second year, the t.Mltllod
requested that the County edw into a Moral agreement and pnnnde cndpaeation for use of
the Property. It Is Me County's intention to rebcate` his equiprad to a County ovmed she in
the Mum.
The ahached Find AmemJment to Parking Iicence Agreamena (Amendnotg pro%rdes tar Me
coMMUed use of approximately 6,000 square feet of vacant spare for a parking area. The
AmMdmeM includes a cnayear edansia wiM a oneyear renewal. Either party is provided the
option W anninare dim L.mse by po`nding Miry dry wooden nogce W the other party. The
monthly red w9I be Five Hundred pollens ($575). The rent equates to one dollar and Now
cede ($1.15) par square fool This is a Sheen ant increase from 2009, and neranns a fair
manna red for JIM property and like use. -
FIWAL IMPACT: The monthly rent prymads of $5l5 shall be whhdrawn fiom tourist
tlevebpment (antl accqum number 195118361- 90533.1.
There is rm impact to Me Growth Management Plan.
LEGALCONSIDERATRM; This lshplysWhdedandrequiresmajorlywb rBoad
action. —JM
RECOMMENDATION: That Me Boad ot County C nnlssionere approves and auMortm No
Chakman to sorows the aparlretl Fast Amerdment or PaMilg License Agreement with
Vanderbilt Reel Estate Holdings, LP.
PREPARED BY: IwIkm Dowding, Senior Property Mamgemed Specia va, Real Property
Management, Fenster Management Departnwa
Packet Pao -2430-
^ COLLIER COUNTY
Board of county Commissioners
10/25/2011 Item 16.E.5.
Rem Number: 16.E.5.
Item Summary: Recommendation to approve a First Amendment to Parking License
Agreement with Vanderbilt Real Estate Holdings, LP, for temporary parking for beach
maintenance equipment at a first year annual cost of $6,900.
Meeting Date: 10/25/2011
Prepared Be
Name: Dowlingefichael
True: Property Management Specialist. Samor,Fa titles
10/]2011 10:3621 AM
Submitted by
Title: Progeny Management Specialist Senior livilities
Name: DowlingMicbael
10/7/2011 10:3623 AM
Approved By
Name CampSkip
Title : Director - Facilities Managemen4Faolli ties Manage
Dare: I Oil 02011 10:25:52 AM
Name: Smitiunsten
Title'. Administrative Secretary,Rlak Management
Dam 191102011 10:50:53 AM
Name: MottTOni
Title: Manager - Property Acquisition & Count M,FaollOe
Date. 10 /11/20115:35:48 PM
Name'. McAlpinGary
Title Dlreemt- Coastal Management Progams,COaztal Zen
Dam: 10/12/2011916.19 AM
Packet Page -2431-
10125/2011 Item 16.E.5.
Name. Pernernim Moron ^
Title Pmjed Managrr.COestel Zone Maugemml
Date: 10/12801140910 PM
Name: PriALen
Title: Admi snMot- Admimslmtive$envices,
Dai 1 0/13 8011 9 31A AM
Name Whitelennifrs
Tide: Assistant County AttomegCoume Attorney
Date 10/13/2011 193:51 PM
Name: KlateEOUIeR
Title County Attorney,
Date: 10/14/201111:58:43 AM
Name: FinnU
Date 10 /I8 /2o11 92034 AM
Name: CClssLeo
Title: County Manager
Date 10/18/20119.54:33 AM
Packet Page -2432-
10/25/2011 Item 16.E.5.
Lrac Ai 100
FIRST TO PARKING LICENSE AGREEMENT
THIS FIRST AMENDMENT TO PARKING LICENSE AGREEMENT entered into this day of
2011 at Fri Collier County. Florida. bF mid between VANDERBILT REAL
ESTATE HOLDINGS, LP, whose mailing address is 15 Somh 5° Strati, Suite 900, Minnmpolis, Minnesow
5502, resurface tefesM E, as 'LICENSOR ", and lie BOARD OF COUNT' COMMISSIONERS OF
COLLIER COUNTY, whose Meiling address is 3335 Rest Tamurni Traf Suite IT, Naples, Honda 34112,
hereinafter refemA to as "LICENSEE ".
WITNESSETH
WHEREAS, LICENSOR and LICENSEE have previously en¢rttl now sparking License Apartment dadd January
2], 2009, which is attached hereto mtl made& part anuffis First Amendment b Parking License Agreement
WHEREAS, the LICENSOR and LICENSEEare desirous ofammding the Parking License Agreement and
NOW THEREFORE, in consideration of the corrosion, and agrtements awned within said Parking License
Agreement danced &nary 27, 2009, hereinafter tefemd to as `AgrammC, and Ten Dollms HIP 00) and other
valuabm consideration is hmby amasses as Minnow
^ 1. The following provision shall be added to ton 3 of the Argument
This Agreement is hereby e#eMed until CotaM 31, 2012. LICENSEE shall have the option to euend the
Appointment for an additional oat (1) yam following the Lowther 31, 2012 expansion dam by providing
LICENSOR with thiM (30) days prior woman notice of LICENSEE'S intemian to screw at the address me
forth in item3 below,
The LICENSSE and LESSOR shall Iuve the tight w turniwe this Agmemnm at any time by providing thirty
CO) days prior written notice of such termination to the other parry at the address or forth in item 3 below.
Sul notice gained shall h effective upon placerl of the wntlen notice in an official depesimry of the
United Styes Pon ORCq Regimental or Certified Mull, Postage Refund of by may mxmight mail r wire
2, The followingprovisian shall bee added to them 2 ofthe Agreement
The monthly rent Featuring November 1, 2011 shell be E575,00 for the first Full year of the rescwal teem.
Mainly rent shall be mallel in Vanderbilt Rol Lease Holding, LP, 15 Staff 5a Snent, Suite 910,
Murapolim MN 55402 Monthly tent is dm L the aforementioned address by the first day of each month .
Failure m may aid rent by the 0 day of coda. month shall result in u peralry chance of $20 per day, sWnng
retrow the final day of Me Mal
3. Ndbes to the ryrdm
To LICENSOR: To LICENSEE:
Vanderbilt Real Ec to Holdings, LP Board afCoumy Commini0mrs
15 SoNh 5'" Sveq Suite 910 a0 Real Rupem MarugemenVLeesing Agent
Miumormll; MN 55402 3335 Fiat Tamiaml Tn11, Suite 101
Nones, Flonda 34112
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10/25/2011 Item 16.E.5.
4. Except ax eepresah provided herein, the Padiog Lkeme Aletemrm between Vanderbilt Real Estate
Holdmgn, LP, and Collier County, a hatinicall subdrvisien of the Staid of Florida, dated January 27, 2009
remains in full forte and effect according to the trams and conditions contained tberdun, and said «rids and
conditions are applicable hereto except as espmrsly provided otherwise herein.
IN WITNESS WHEREOF, the LICENSOR and LICENSEE have hereto executed this First
.A nendmeot to Parking License Agreement the tax and year fast above wri¢en.
ASTOTHELICENSEE
BOARDOF COUNTY COMMISSIONERS,
ATTEST- COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Cierk
BY : BY ".
Depury Clark BY
W. COYLE, CFaitmen
AS TO THE LICENSOR: VANDERBILT REAL STATE HOLDINGS, LP
DATED'. 10-9 -1/ BY:
GARY h IDNE, n
aVanderbilt E¢ryri Inc Manager fm
VenderbiltRUl Estate Holding, LP
W s(Signature)
'SE yeJ��..
(P////ri ///n����N///���/ ///V nc)
W AE(SI
Rsv<a a bu.n xazsw
(PnntNmo)
Approved as to form and legal sufficiency:
n—C�Y��.7 L
Jennifer B. �, Assistant Covet} Attorney
Packet Page 2434
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10/25/2011 Item 16.E.5.
e z / °"
PARKING LICENSE AGREEMENT
4�,
THIS LICENSE AGREEMENT ( "Agreamenl'li Made and entered Into this a day of JA-
2009, by and beMaen y nderbiu Real estate Nation os Lr0 wMSe address or principal place
of business is 15 South SN Street vapor Minneapolis, Minnesota °5402 hereinafter inferred tc as
"Licensor', and Collier Coon ry a political subdivision of the state of Florida whose address or
principal place of business is 3301 Tarr Trial East Naples FL 34112 nomination referred W
as "Lkansee ".
In consideration 01 the mutual promises hereunder, the pales agree as fol'owa.
1. Licensor hereby grants Licensee a non license to park its vairmleg) in the
parking area delineated on the site plan aVachea hereto and made a part hereof as
Exhibit 'A ( "Licensed Premises'). Only a arenas t0 park Is granted hereby. No bailment
is created.
2. For the first year of Licensee's use of the Licensed Premises, Licensee agrees to pay
Licensor a monthly license tee In the amount o! $500.00. The hominy license fee will
Increase to $525.00 per meal In the second year of this agreement end $550,00 in the
third year of this agreement. Monthly license fees are to be mailed to Walsh Companies
FL, Inc. 240) S h Street North 9101, Naples, FL 34103. Monthly license lees are due the
first of each month. Failure to pay license lee by the 51" day of each month shall result in
a penalty charge of $15.00 per day.
3. Tnis Agreement shot commence on Me t day of November, 2008 and terminate on the
21b1 f day of c)� 2011. Either party may rentrom a this Agreement after the final 12
months of Me initial farm with tf (30) days prior vrtinen notice. It he term herein
commences on a day Other Man the first day of a calendar month Licensee shall pay to
Licensor Me deemed fee for the number of days that exist prior to the first day of the
sumeeding month with a similar adjustment being made at the termination of this
Agreement Should Licensee Wrom the Licensed Premises after the foraminifer data
without the benefit of a fully-sxecuted and current Agreement It shall be deematl to be a
license from month t0 month at the monthly license fee specRted in section 2, miject to
all of the other terms of this Agreement.
4. Notices shalt be sent by 0.S. tagatered or cedifitl mail, return monarch requested, and
shad be deemed efhective upon posting in the U.S. mail depository with SuMblant postage
entered thereto. Notices shall be semi to the following addresses:
Licensor: Me Argon Connections FL Ing. Licensee'. Board of County
2400 gin Street Ni #101 Commissioners Go Real Estate Services
Nadel. FL 34103 3301 Tarr Trial East
Arnold, BUI l
Naoles FL 34112
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10/25/2011 Item 16.E.5.
S. Licensee shalt, 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 authority to execute this
Agreement.
]. The laws of the Slate of Florida and rules and regulations'rasued pursuant thereto shall
be applied In the inteNretation, execution and enforcement of this Agreement. Any
provision of Mil Agreement, whether or not incorporated herein by reference , which
provides for arbitration by any perm -rymdal body or person or which is otherwise in
conflict with said laws, rules and regulations shall be considered null and void. Nothing
contxlned In any provLalon inwrporafed herein by reference which puryorte to
negate this or any other prevision in whole or In part shall be valid or eMOrceabk
or avanable In any action ef law whether by way or complahn[, defense or
otherwise. Any provision rendered full and void by the operation of this provision will
not invalidate the remairear of this Agreement to the extent that this Agreement is
capable of execution.
a. If the Licensed Premises shall be taken by right of eminent domain, in whme or in pan,
then 1Na Agreement, at the option of eltfer pars, shall hormwim cause and terminate aril
the license fee shall b Moody apportioned tome date of such taking.
9. In the event the Licensed Premises are rendered unfit far Licensee's Purposes by lire or
other casualty, this Agreement will Immediately terminate and no Name lee Si accrue
toLehi from the dale of such fire or casualty. In the event me Licensed Premises are
damaged by fire or other casualty so that mere is partial destruction of the Licensed
Premises or such damage as re cancer the Licensed Premises panialty unfit for
IJCensae's purposes, either party may, within five (5) days of such occurrence, terminate
this Agreement by giving walllen notloe to me other party. Such termination shall be
attractive net less than frill (15) days from the dale of mailing of the notice. License
fees shall be Oppenioretl re the effective date of termination.
10. This Agreement, mitifl ing all exhibits, substanes any and all prior written or oral
agreements and there are no covenards, scandal or agreements beMeen the parses
except as set form herein. No prior or ontemporaneous motion, deletion, or other
amendment before shall have any force or ogect whamoever unless embddied herein in
wring. No subsequent novell renewal, scrol , deletion or amser amendment hereto
shall have any force or effect unless amended In a whom executed cdntram.
11. Licensee understands and agrees that luceneor cannot quarenlee the safety of vehides
on the premises and also agrees that he or she will hold Licensor blameless In the event
of damage to, that from armed of any vehicles.
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10/25/2011 Item 16.E.5.
IN WITNESS WHEREOF, the Names hNNO have executed Nls Agreement on the day and year
twat above wrinar.
LICENSOR.
Vanderbilt I}cal Esrin Hdtlinga, LP
Print 3�*2
ey I
Date .1 'a'01
Dated / 3 ! O S LICENSEE.
Anent Brand Of county Commissioners,
9 ���������/ collier County Honda
DWI TE RpCK CI_ eM1 R
EPYNClerk3 y 1
ALI as: "migia \ DONNA FSALA, CHAIRMAN
llpiatre narb
Approved a to form and "O sufficiency.
JenMa'A, Balpe Assistant County Attorney
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