Loading...
Agenda 09/14/2010 Item #16E 1 Agenda Item No. 16E1 September 14, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to License Agreement with St. Matthew's House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of $50. OBJECTIVE: Approval of a Second Amendment to License Agreement between Collier County (County) and St. Matthew's House, Inc. (Licensee), for the continued use of parking spaces so that their food program may continue to operate without being in violation of County Code concerning required parking. CONSIDERATION: Since 1989, the Licensee, a tax exempt charitable trust, has utilized twenty (20) parking spaces located in the north parking lot at the Government Complex after normal business hours. The utilization of these parking spaces is essential in order for the Licensee's food program to operate without violating County Code for required parking. Though the spaces are licensed to the Licensee, only a few are actually used during the food program's hours of operation. The program begins at five o'clock each evening and ends approximately seven o'clock p.m. and has no impact to the County's operations. The attached Amendment provides for an extended five (5) year term operating under the terms of the License Agreement dated August 2, 2000, and the First Amendment to Lease Agreement dated September 27, 2005. No other terms contained within the existing License Agreement nor in the Amendment have been altered by the attached Amendment. FISCAL IMPACT: The total revenue for the five year term is Fifty Dollars and will be deposited into General Fund (001). GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. LEGAL CONSIDERATIONS: The proposed Second Amendment to License Agreement is legally sufficient for Board action. - JBW RECOMMENDATION: That the Board of County Commissioners approves the attached Second Amendment to License Agreement and authorizes its Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services, Department of Facilities Management Item Number: Item Summary: Meeting Date: Agenda Item No. 16E1 September 14, 2010 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E1 Recommendation to approve a Second Amendment to License Agreement with St. Matthews House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of $50. 9/14/20109:00:00 AM Prepared By Michael H. Dowling Administrative Services Division Property Management Specialist, Senior Date Facilities Management 8/26/201012:31 :23 PM Approved By Skip Camp, C.F.M. Administrative Services Division Director - Facilities Management Date Facilities Management 8/26/20102:48 PM Approved By Toni A. Mott Administrative Services Division Manager - Property Acquisition & Const M Date Facilities Management 8/27/2010 3:14 PM Approved By Len Golden Price Administrative Services Division Administrator - Administrative Services Date Administrative Services Division 8/30/201011:53 AM Approved By Jennifer White County Attorney Assistant County Attorney Date County Attorney 8/31/20109:38 AM Approved By Jeff Klatzkow County Attorney Date Approved By 8/31/2010 10:53 AM OMS Coordinator County Manager's Office Date Office of Management & Budget 8/31/2010 12:58 PM Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 9/3/20101:06 PM Approved By Leo E. Ochs, Jr. County Managers Office County Manager Date County Managers Office 9/5/20107:43 PM SECOND AMENDMENT TO LICENSE AGREEMENT Agenda Item No.1 E1 ~mVJ.w 14, 2 10 Page 3 f 8 TIllS SECOND AMENDMENT TO LICENSE AGREEMENT entered into this _ day of ,2010 at Naples, Collier County, Florida by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LICENSOR," and St. Matthew's House. Inc., a Florida not-for-profit corporation, a tax exempt charitable Trust, whose mailing address is 2001 Airport Road South, Naples, Florida 34112, hereinafter referred to as "LICENSEE." WITNESSETH WHEREAS, Collier County and St. Matthew's House, Inc. have previously entered into a License Agreement dated August 1,2000 and a First Amendment to License Agreement dated September 27,2005; and ,'- " _;C-:'-"-'" '>"', 'i-.~':"" -_^"'''_''__~<: _, '", " _ - ", _-_,-:,":"b-:"">:,_>: WHEREAS, the LICENS"OR and LICENSEE are desirous of amending the License Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said License Agreement dated August 1, 2000, and said First Amendment to License Agreement dated September 27,2005, and Ten Dollars ($10.00) and other valuable consideration, said License Agreement is hereby amended as follows; 1. The following provision shall be added to Article 2 of the License Agreement: This License is hereby extended until September 28,2015, hereinafter referred to as "Extended License Term." 2. Except as expressly provided herein, the License Agreement between Collier County, a political subdivision of the State of Florida, and Saint Matthew's House, Inc. for the utilization of the Demised Premises described in said License Agreement dated August i, 2000, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otheI'\ovise herein. IN WITNESS WHEREOF, the LICENSOR and LICENSEE have hereto executed this Second Amendment to License Agreement the day and year first above written. AS TO THE LICENSEE: DA TE...OJ ? P<< //0 ~/~ Witnes ignature) (1/1"'(,:# 0 ?vrr1#! '" p-r- . ~ Wi gnature) Cff.$J./fu It fH ST. MATIHEW'S HOUSE, INC., Florida not-for-profit ,o<pamt;on -~ B~~~ LOU HOEGSTEAD, Chief Financial Officer AS TO THE LICENSOR: DATED: A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY; , Deputy Clerk BY: FRED W. COYLE, Chainnan - Approved as to fonn and legal sufficiency: ~~~ Jennifer B. ite Assistant County Attorney ::: .~' ~ . '''i' : . <;"':.!:;;r" .~:..f:~~;t.~:i .,-' "Agenda Item No. 16E'{' September 14, 201Q p~ee&sefB3I .>"';' .. .....,. ~ "i:' :...... '.':.;.'" .- ....: '~: .. ,! .. J At FIRST AMENDMENT TO LICENSE AGREEMENT .~ THIS FiRST AMENDMENT TO LICENSE AGREEMENT entered into this ~ 1 day of St1Jt"'~ 11 '" r ,2005 at Naples, Collier County, Florida by and between COLLIER COUNTY. a political subdivision of the Stale of Florida, whose mailing address is 3301 Enst Tamiami Tmil, Naples, Florida 34112, hereinafter refen'ed to as "LESSOR," and St. Matthew's House, Inc., a Florida not-for-profit corporation. formerly known as Task Force for the Homeless, a tax exempt charitable Trust, hereinafter referred to as and "LESSEE," WITNESSETH WHEREAS, Collier County and SI. Mlllthew's House, Inc. have previously entered into a License Agreement dated August I, 2000: WHEREAS, the LESSOR and LESSEE are desirous of amending the License Agreement; N'OW THEREPORE, in consideration of the covenants and agreements provided within said License Agreement dated August 1, 2000, and Ten Donars ($10.00) and other valunble consideration, said License Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the License Agreement: TIlls License is hereby extended until September 28, 2010, hereinafter referred to as "Extended License Term." . 2. Except as expressly provided herein, the License Agreement between Collier County, a p'oliticnl subdivision of the State of Florida, nnd Saint Matlhew's 11ouse, Inc. for the utilization of the Demised Premises described in said License Agreement dated August I, 2000, remains in full force and effect according to the terms nnd conditions contained therein, and said terms and conditions are npplicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, lhe LESSOR and LESSEE have hereto executed this Firsl Amendment to License Agrcemenlthe day and year first above written. AS TO 1'112 LE~SSE: ST. ~1.\ TTIJEW'S !IOUSE, INC., Florida not-ror-profit corporation BY~( ~. VANN R. ELLISON, Executive Direclor DATEJ)'I~'(tt~- ;(// Q.C~_... Wii~less (Signlllure) . - f)l!..e.".,... jc;,,,......I...s (Print Name) IA/(~ ~ Wilness (Signature) f-..{ <t-,r" ~ A-~ d,r~ >-"5 (Print Nnme) AS TO THE LE~~OR: ji . DA'~~q;\.., (j i \ ,) /, A ITEST: . _ DWIGH.T E.J3~0CK, Clerk BY:~~~~I 11QMture onlJ .".l <" .. ..,.,l BOARD OF COUNTY COMl'vllSSIONERS, COLLIER COUNTY, FLORIDA BY: /",-~JLW. ~ FRED W. COYLE. Chainn' AP.proved as to form and lerosur lciency: -.. /----- ~ . at/___/tJ ... 6..- .17 ~ O\^^ T IOlnaS C. Pnlm r, Assistant County Allorney ~ .~. Agenda Item No. 16E1 September 14,2010 Page 5 of 8 License #731 LICENSE AGREEMENT . TInS LICENSE AGREEMENT entered into this --L- day Of~J kit .A J- . 2000. between Task: Force for the Homeless, a tax exempt charitable TIUSt, by its und . ed ecutive Director who has been duly authorized by the Trust to execute this License Agreement, whose mailing address is 2501 South Airport Road, Naples, Florida 34112. hereinafter referred to as "LICENSEE", and_COLLIER COUNTY. a political subdivision or the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. hereinafter referred to as "LICENSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Licensed Premises LICENSOR hereby LiCenses to LICENSEE and LICENSEE hereby accepts the License from LICENSOR twenty (20) parlcing spaces in the Collier County Government Center parking lot, hereinafter referred to u"Licens'ed Premises" in accordance with the terms of this License. Said parlcing spaces shall be designated for the following uses: one (1) handicapped, one (1) loading zone and eighteen (18) regular. ARTICLE 2. Term of License LICENSEE shaD have and hold the Licensed Premises for a term of five (5) years, commencing on September 28.2000. and ending September 27, 2005. . LICENSOR and LICENSEE shall have the right to terminate this bare License with or without cauap.Jo.v providing the other party with thirty (30) days written notice. Said notice shall be effective upon placem( the notice in an official depository of the United States Post Office. Registered or Certified Mail. PO~5d Prepaid. ARTICLE 3. B..cn1 LICENSEE hereby covenants and agrees to pay as rent for the Licensed Premises the sum ofTen Dollars ($10.00) per annum which shall be paid in full for the entire License term and payable Fifteen (15) days from the date of execution of this License by LICENSOR. ARTICLE 4. Modifications to Licensed Premises LICENSEE .shall not be permitted to make any changes, alterations., additions or improvements to the Licensed Premises. LICENSEE covenants and agrees not to use, occupy, suffer or permit said Licensed Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 5. Assi~ment and Sublicensini LICENSEE covenants and agrees not to assign this License or to sublicense the whole or any part of the Licensed Premises, or to permit any other persons to occupy same without the written consent of LICENSOR. Any such assignment or sublicensing, even with the consent of LICENSOR, shall not relieve LICENSEE from liability for payment of License fee or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this License. - r - .., Agenda Item No. 16E1 ARTICLE 6. Indemtiity September 14,2010 Page 6 of 8 LICENSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LICENSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LICENSEE'S use of the Licensed Premises, (B) any work or thing whatsoever done, or any condition created (other than by LICENSOR, its employees, agents or contractors) by or on beba1f of LICENSEE in or about the Licensed Premises, (C) any condition of the Licensed Premises due to or resulting from any default by LICENSEE in the performance of LICENSEE'S obligations under this License, or (0) any act, omission or negligence of LICENSEE or its agents, contractors, employees, sublicensees or invitces. In case any action or proceeding is brought against LICENSOR by reason of anyone or more thereat LICENSEE shaD pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LICENSOR shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to LICENSOR. The LICENSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public wow. The LICENSOR shall not be liable for any damages to or loss at;. including loss due to petty theft, any property, occurring on the Licensed Premises or any part thereof, and the LICENSEE agrees to hold the LICENSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LICENSOR or its employees. The LICENSEE hereby acknowledges that the License fee called for in Article 3 of this License has been reduced by Ten Dollars ($10.00) and is hereby considered by LICENSOR as payment of the obligation by LICENSEE. ARTICLE 7. Insurance . 1 -~ LICENSEE shall provide and maintain comprehensive general liability, including contractual liability, bodily injwy and property damage in am amount not less than One Hundred Thousand Dollars and No/Cents ($100,000.00). Collier County shall be listed as an additional insured on said policy. LICENSEE shall carry and maintain Worker's Compensation Insurance to the extent required by the State of Florida. All insurance policies required above shall be issued and written with a company or companies authorized to engaged in the business of insurance in the State of Florida and authorized to do business under the laws of the State of Florida. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this License Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County clo County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LICENSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LICENSEE, whereupon receipt of such notice LICENSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 8. Administration This License shall be administered on behalf of the LICENSOR by the Public Services Administrator or hislher designee and on behalf of the LICENSEE by the Executive Director of St. Matthew's House. ARTICLE 9. Rc;portini /~ During the tenn of this License, the LICENSEE shall submit to the Public Services Administrator on or before the tenth (10~ day of each month an operations report including the statistical data regarding clients served and enclosing a report on changes in operations of St. Matthew's House, in order to afford the Public Services Administrator the data necessary for the preparation of a report to the Board of County Commissioners when deemed necessary by the Public Services Administrator. Tbe Public Services Administrator shall notify the LICENSEE in writing within thirty (30) days of a receipt of a report of any objections thereto. 2 ARTICLE 10. Control and Maintenance Agenda Item No. 16E1 September 14, 2010 Page 7 of 8 , -- In an attcmpt to act as a good neighbor to adjacent property owners of St.. Matthew's House, the UCENSEEhereby agrees to. monitor and control its clients and to make every good faith effort to leduc - negative impacts to liCENSEE'S neighbors resultillg from the operation of St Matthew's House o~, Licensed Premises. Such good faith efforts shall include, without limitation, trash collection and clean up of the Licensed Premises, as well as reporting all incidents of trespassing or loitering to the appropriate authorities, and meeting witbadjacent property owners on a regular basis to discuss the UCENSEE'S operations and its impact on the neighborhood. UCENSOR shall not be obligated or required to improve, repair, or maintain the Licensed Premises in any manner whatsoever. ARTICLE 11 ~ Any notice which UCENSOR or UCENSEE may be required to give to the other party shall be in writing to the other party at the following addresses: UCENSOR Board of County Commissioners c/o Real Property Management Department W. Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 341 12 UCENSEE Chainnan of Task Force for Homeless c/o Executive Director 2501 South Airport Road Naples, Florida 34112 cc: Executive DireCtor cc: Public Services Administrator ARTICLE 12. Non-Discrimination - The UCENSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of race, color or natural origin discriminate or permit discrimination against any person or group of persons in any manner. The UCENSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non-discrimination covenant. ARTICLE 13. General Provisions UCENSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Licensed Premises is limited to that provided to any other business or agency situated in Collier County, and LICENSOR acknowledges that any special security measures deemed necessary for additional protection of the Licensed Premises shall be the sole responsibility and cost of LICENSOR and shall involve no cost or expense to LICENSEE. ARTICLE 14. Effective Datf( This License shall become effective upon execution by both LICENSOR and LICENSEE. ARTICLE 15. Govemin~ Law This License shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO UCENSEE: DATED: ~( /'..3. ,.) c (i ij ~~Si I~ 7t" ~~- TASK FORCE FOR THE HOMELESS, a tax exempt charitable Trust - BY:~~ ~L FRANK MEEHAN, Executive Director ;n c4.JeC rl. '-~ 0 eJi... :-Iv (PrinJPame) ~ ~.l~,,~ f r-I\'~ W. 14."--$ (t;~ ~ 3 ~ ~ ,.. AS TO THE LI~SOR: DATED: ~lltJD AmsT:' , DwI(iHTE.BRoCK, Clerk . . _.~ . . \ '. ~.~"-- .~ ho1J- ; . . .' Deputy Clerk ~'Att8st . ," . .. .' -as.to CIaItf'lllll S S.~ture onl,. Approved as 10 fonn and l~uffici1J -l ~'),~ ,Jw- Thomas C. mer Assistant County Attorney -- Agenda Item No. 16E1 September 14,2010 Page 8 of 8 BY: 4