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Backup Documents 05/14/2013 Item #16E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 E3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office J,AK 8/1/13 4. BCC Office Board of County GW>7 Y14 Commissioners ZS/ 1\cl\\-5 5. Minutes and Records Clerk of Court's Office �j (�r� �C3 �.em PRIMARY CONTACT INFORMATION `C' , \ V Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michael Dowling,Real Property Phone Number 252-8743 Contact/ Department Manageme Agenda Date Item was 5/14/13 V Agenda Item Number 16-E-3 j Approved by the BCC Type of Document License Agreement with Naples Seventh Number of Original '£we VI Attached Day Adventist Church Documents Attached ©V1,U PO number or account n/a number if document is to be recorded ✓'m'0.>�C 'l•\` \ .: A _a,..,Aa,,,,,s-_\W \.�'y �R"—� l; .-). .\\,. Cam,'° k ' INSTRUCTIONS4i CHECKLLST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes I, N/A(Not appropriate. (Initial)/ Applicable) 1. Does the document require the chairman's original signature? JAK . 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK 1/ provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK1 signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK c/ Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK/ document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAKV signature and initials are required. / 7. In most cases(some contracts are an exception),the original document and this routing slip JAK\ should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/14/13 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the JAK BCC,all changes directed by the BCC have been made,and the document is ready(for the Chairman's signature.,' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E3 MEMORANDUM Date: August 12, 2013 To: Michael Dowling, Property Management Specialist Facilities Management Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: License Agreement w/Naples Seventh Day Adventist Church Attached for your records is a copy of the agreement referenced above, (Item #16E3) approved by the Board of County Commissioners on May 14, 2013. If you have any questions, please contact me at 252-8411. Thank you. Attachments 16E3 License PS - 1 Z LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License"), entered into this J ii day of , 2013, between NAPLES SEVENTH-DAY ADVENTIST CHURCH, a Florida Not-For-Profit Co oration, whose mailing 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'). WITNESSETH 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 rby giving the other party 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. C 3 ii Co ioE3 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. Assignment and 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 borne 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). 2 16E3 The failure of either party 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 party 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 party shall be in writing to the other party at the following addresses: LICENSEE: LICENSOR: Collier County Naples Seventh-Day Adventist Church do Real Property Management 5050 Davis Boulevard 3335 East Tamiami Trail, Suite 101 Naples, Florida 34104 Naples, Florida 34112 cc: Parks and Recreation Director ARTICLE 12. Left blank intentionally. ARTICLE 13. General Provisions LICENSEE understands that the police and law 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 Law 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. 3 ARTICLE 18. Severability 16E3 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: / ° //-3 BOARD OF COUNTY COMMISSIONERS,_IA COLLIER COUNTY, LORIDA ATTEST: , DWIGHT E, BLOCK; Clerk Ilk , ,:l,,I.ii' -_-_,- '.''''' a cc2____ b ei ty Clerk GE V' 'WA A. HILLER, ESQ., Chairwoman Attest a to Chairman's signaturtonl y. 'v, AS TO THE LICENSOR: DATED: cIAIA d ai a61 3 FLORIDA CONFERENCE ASSSOCIATION OF SEVENTH-DAY ADVENTISTS, a Florida Not-For- Profit Corporation '- T: / di ' /_ .1A _A BY: / i ; orporate Secret. ' / Director 'resident Pk ( VG.sse (print name) Approve a•:,t• form and legal sufficiency: lifil IA Jeffrey A.' z7: , County Attorney 4 � nod ) 7 Exhibit 'A ' 16E3 • . ' _ a A 3` j.)0117"111"61".."1.1"''-i, t" Otis i_. .�4 .i I t�� ,,,,,,.:.'. w 1 c t�, r 1. s E 1I ED PRE[SE -.' i �' ,� ''1'.¢,,` 7 4.- 9pac s ;'� 1...._ =:::--", ,, t i e d" #< 16 E_ --, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinLlnes#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office J 8/1/13 4. BCC Office Board of CountyC N y Y ( Commissioners /sj 1\c1\\3 5. Minutes and Records Clerk of Court's Office f(n bro/(3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michael Dowling,Real Property Phone Number 252-8743 Contact/ Department Management Agenda Date Item was 5/14/13 J Agenda Item Number 16-E-3 Approved by the BCC Type of Document License Agreement with Naples Seventh Number of Original Tyre Attached Day Adventist Church Documents Attached pv,r., PO number or account n/a number if document is to be recorded i eS�se,Cer� sac Rk o-42-50 w ks.r. C,� Q�gly ,rne��C INSTRUCTIONS CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK V provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK/ document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK( signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/14/13 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by e JAK BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1:Forms/County Fonns/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E3 MEMORANDUM Date: August 27, 2013 To: Michael Dowling, Property Management Specialist Facilities Management Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: License Agreement w/Naples Seventh Day Adventist Church Attached for your records is a copy of the agreement referenced above, (Item #16E3) approved by the Board of County Commissioners on May 14, 2013. If you have any questions, please contact me at 252-8411. Thank you. Attachments 16E3 . _.., sE-/ Z License PS - LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License"), entered into this /9 day of , 2013, between NAPLES SEVENTH-DAY ADVENTIST CHURCH, a Florida Not-For-Profit C oration, whose mailing 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 party 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. , SD 16E3ARTICLE 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. Assignment and 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 borne 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). 2 /J 16E . The failure of either party 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 party 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 party shall be in writing to the other party at the following addresses: LICENSEE: LICENSOR: Collier County Naples Seventh-Day Adventist Church c/o Real Property Management 5050 Davis Boulevard 3335 East Tamiami Trail, Suite 101 Naples, Florida 34104 Naples, Florida 34112 cc: Parks and Recreation Director ARTICLE 12. Left blank intentionally. ARTICLE 13. General Provisions LICENSEE understands that the police and law 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 Law 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. 3 �� ARTICLE 18. Severability 16E3 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:,A4-e/-9, /( /j BOARD OF COUNTY COM SSIONERS, COLLIER CO TY, FLORI A ATTEST: DWI T E. BROCI ,_Clerk Y: ice— BY A L Deputo Chairman's GEORGI• LLER, ESQ., Chairwoman innature only. AS TO THE LICENSOR: DATED: ji), , a�� FLORIDA CONFERENCE ASSSOCIATION OF � as SEVENTH-DAY ADVENTISTS, a Florida Not-For- Profit Corporation r ST: I .■L. BY: Corporate Secret. Director President . �JJek (print name) Approved as to r.rm and legal sufficiency: Jeffrey A. ',4I agk = , County Attorney 4 16E3 Exhibit 'A I k iF I±�� � ;, fa 1 e _' E L. 4 a it •It=s tim t _ �r (. 1t . ,ire 1 3 ''' +, _! ' 4_.*{„ .itEMISED_L - � 4 p '�;ti 3 S J.- • 4. ," :x,., 1 ma _. x ,-sit , r. v r.:. — ti.114 2 fv a- is x` .a Q a