Backup Documents 09/24/2013 Item #16D20 ORIGINAL DOCUMENTS CHECKLIST & ROUTING 91,1c, D 2 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOLV
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 JA H 1/30/14
4. BCC Office Board of County 2-VA\��Commissioners Trtz›...t'/
5. Minutes and Records Clerk of Court's Office
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 Jeffrey A.Klatzkow,County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 9/24/13 ✓ Agenda Item Number 16-D-20
Approved by the BCC .
Type of Document Shared Access Agreement with YMCA Number of Original One
Attached Documents Attached
PO number or account
number if document is N/a
to be recorded
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
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 final 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 9/24/13 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 JA3(4
BCC,all changes directed by the BCC have been made,and the document is ready or the
Chairman's signature.
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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
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16 020
MEMORANDUM
Date: February 17, 2014
To: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Shared Access Agreement between Collier County and the
YMCA for temporary use of County-owned park facilities
Attached for your records is a copy of the agreement referenced above, (Item #16D20)
approved by the Board of County Commissioners on September 24, 2013.
The original will be held in the Minutes and Record's Department for the Board's
Official Record.
If you have any questions please contact me at 252-8406.
Thank you.
Attachment
16D
COLLIER COUNTY SHARED ACCESS AGREEMENT
YMCA
This Shared Access Agreement (hereinafter referred to as "Agreement") is entered into
this 24th day of September, 2013, by and between the YOUNG MEN'S CHRISTIAN
ASSOCIATION (YMCA) OF THE PALMS, INC. (hereinafter referred to as the "YMCA"), a
Florida not for profit corporation, whose mailing address is 5450 YMCA Road, Naples. FL
34109, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "County,"
collectively stated as the "Parties."
RECITALS:
WHEREAS, Florida Statutes Section 125.38 provides that if a corporation or other
organization not for profit which may be organized for the purposes of promoting community
interest and welfare, should desire any real or personal property that may be owned by any
county of this state or by its board of county commissioners, for public or community interest
and welfare, then such corporation or organization may apply to the board of county
commissioners for a conveyance or lease of such property, and that such board, if satisfied that
such property is required for such use and is not needed for county purposes, may thereupon
convey or lease the same at private sale to the applicant for such price, whether nominal or
otherwise, as such board may fix, regardless of the actual value of such property; and
WHEREAS, the local YMCA has suffered the destruction of their facilities by a
devastating fire, which has substantially impacted the important services that it provides to so
many Collier County residents; and
WHEREAS, the YMCA has requested the Board of County Commissioners to allow it to
share a number of County-owned park facilities for use in their operations, until their own
facilities can be rebuilt; and
WHEREAS, it is the Board's finding that it is in the public interest to enter into this
shared access agreement on the terms and conditions set forth below.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Agreement on the following terms and
conditions:
1. The County hereby agrees to share space with the YMCA, including, but not
strictly limited to, the following facilities/sites available for the following uses:
a. North Naples Government Center(office space)
b. North Collier Regional Park Fitness Center(for YMCA member usage)
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c. North Collier Regional Park Sun N Fun Aquatic facility (swimming lessons)
d. Golden Gate Community Park Aquatic facility (water aerobics)
e. Golden Gate Community Park Fitness Center(for YMCA member usage)
f. Other County locations as the need may arise and with the mutual consent of the parties.
2. Use of shared Premises. The YMCA shall utilize the Shared Premises with the
County consistent with its normal business practices. The YMCA understands that they are
taking this shared space subject to the County's needs at the Shared Premises, and that in case of
conflict the County's use of these Shared Premises shall prevail.
3. Permissible Alternations and Additions to Premises. The YMCA may not make
any alterations or additions to the Shared Premises without obtaining County's prior written
consent, which consent may be withheld in the County's sole discretion.
4. Term of Agreement The term of this Agreement shall commence on the date first
above written, and unless terminated earlier by the Parties, shall be on at at-will, month-to-month
basis, with either party having the right to terminate any or all of the Shared Premises on 30
day's written notice.
5. Rent. The YMCA agrees to pay the County the sum of $1.00 per annum, in
advance, for each month of the term of this Agreement.
6. Net Agreement. The YMCA agrees to pay the County all actual costs, fees and
charges arising out of its use of the Shared Premises. The YMCA will indemnify and hold the
County harmless from any and all claims, costs and obligations arising from the YMCA's use of
the Shared Premises. In case any action or proceeding is brought against the County by reason
of the YMCA's use of the Shared Premises, the YMCA shall pay all costs, attorneys' fees,
expenses and liabilities resulting therefrom, and shall defend such action or proceeding if the
County shall so request, at the YMCA's expense, by counsel reasonably satisfactory to the
County. It is specifically agreed however, that the County may at its own cost and expense
participate in the legal defense of such claim, with legal counsel of its choosing. Any damage
cause to the Shared Premises directly relating to the use by the YMCA of the Shared Premises
shall be repaired by the YMCA, failing which the County may cause the same to be corrected
and the YMCA shall promptly reimburse the County for the expenses incurred by the YMCA,
together with a 5%administrative fee.
7. Liens and Mortgages. The YMCA shall not in any way encumber the Shared
Premises, and shall promptly remove any and all liens placed against the Shared Premises as a
result of its use.
8. Administration of the Agreement: The Executive Director of the YMCA and the
County Manager or his designee shall designate staff to work together to coordinate the
scheduling of YMCA events and activities so as to enable both the YMCA and the County to
deliver their respective programs effectively and efficiently.
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9. Access to Shared Premises. The County, its duly authorized agents, contractors,
representatives and employees, shall have the unencumbered right to enter into and upon the
YMCA's portion of the Shared Premises.
10. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
concurrent with the termination of the use of any of the Shared Premises, the YMCA shall
redeliver possession of the County in good condition and repair, and shall remove any of its
personal property,equipment, and signs.
11. Assignment. This Agreement is personal to the YMCA, and may not be assigned
by the YMCA in any manner without the express prior written consent of the County, which
consent may be withheld in the County's sole discretion. Any purported assignment or sublet
without the express written consent of the County shall be considered void from its inception,
and shall be grounds for the immediate termination of this Agreement.
12. Insurance.
a. The YMCA shall provide and maintain a Commercial General Liability
insurance policy, approved in writing by the County and the Collier County Risk Management
Department, for not less than One Million Dollars ($1,000,000.00) combined single limits during
the term of this Agreement. If such amounts are less than good insurance industry practice
would require, the County reserves the right to increase these insurance limits by providing the
YMCA with at least sixty(60)days'advance notice to do so.
b. In addition, the YMCA shall provide and maintain Worker's
Compensation Insurance covering all employees meeting the then existing Statutory Limits in
compliance with the applicable state and federal laws. The coverage shall include Employer's
Liability with a minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per
each accident. If such amounts are less than good insurance industry practice would require, the
County reserves the right to increase these insurance limits by providing Lessee with at least
sixty(60)days'advance notice to do so.
c. The County shall be named as an additional insured on the Commercial
General Liability insurance policy. Evidence of such insurance shall be provided to the County
the Collier County Risk Management Department, 3311 East Tamiami Trail, Administration
Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement;
and shall include a provision requiring not less than ten (10) days prior written notice to the
County in the event of cancellation or changes in policy(ies) coverage. If such amounts are less
than good insurance practice would require, the County reserves the right to reasonably amend
their insurance requirements by issuance of notice in writing to the YMCA, whereupon receipt of
such notice the YMCA shall have thirty (30) days in which to obtain such additional insurance.
The issuer of any policy must have a Certificate of Authority to transact insurance business in the
State of Florida and must be rated "A" or better in the most current edition of Best's Insurance
Reports. Each insurer must be responsible and reputable and must have financial capacity
consistent with the risks covered. Each policy must contain an endorsement to the effect that the
issuer waives any claim or right of subrogation to recover against the County, its employees,
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representatives and agents. Failure to continuously abide with all of these insurance provisions
shall be deemed to be a material breach of this Agreement.
13. Defaults and Remedies. Should notice of termination of any of the Shared
Premises be given, and the YMCA thereafter holds over, the County, in addition to any other
rights and remedies it may have, shall have the immediate right to re-enter and remove all
individuals, entities and/or YMCA property from the Shared Premises. Such property may be
removed and stored in a public warehouse or elsewhere at the cost of and for the account of the
YMCA, all without service of notice or resort to legal process and without being deemed guilty
of trespass, or being liable for any loss or damage which may be occasioned thereby. In partial
consideration for the nominal rent charged to the YMCA, the YMCA hereby waives any claim it
may have to direct or indirect monetary damages it incurs as a result of the County's breach of
this Agreement, and also waives any claim it might have to attorneys' fees and costs arising out
of the County's breach of this Agreement.
Miscellaneous Legal Matters
14. This Agreement shall be construed by and controlled under the laws of the State
of Florida.
15. This Agreement contains the entire agreement of the Parties with respect to the
matters covered by this Agreement and no other agreement, statement or promise made any
party, or to any employee, officer or agent of any party, which is not contained in this Agreement
shall be binding or valid.
16. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the Parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
17. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be made by hand delivery, facsimile,
overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to
have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the
time limit. For the purpose of calculating time limits which run from the giving of a particular
notice the time shall be calculated from actual receipt of the notice. Time shall run only on
business days which, for purposes of this Agreement shall be any day other than a Saturday,
Sunday or legal public holiday. Notices shall be addressed as follows:
If to County: County Manager
Collier County Manager's Office
3299 East Tamiami Trail, Suite 202
Naples, Florida 34112
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CC: Real Property Management
3335 Tamiami Trail, Suite 101
Building W
Naples, Florida 34112
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Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
18. The YMCA is an independent contractor, and is not any agent or representative or
employee of the County. During the term of this Agreement, neither the YMCA, nor anyone
acting on behalf of the YMCA, shall hold itself out as an employee, servant, representative or
agent of the County. Neither party will have the right or authority to bind the other party without
express written authorization of such other party to any obligation to any third party. No third
party is intended by the Parties to be a beneficiary of this Agreement or to have any rights to
enforce this Agreement against either party hereto or otherwise. Nothing contained in this
Agreement will constitute the Parties as partners or joint ventures for any purpose, it being the
express intention of the Parties that no such partnership or joint venture exists or will exist. The
YMCA acknowledges that the County is not providing any vacation time, sick pay, or other
welfare or retirement benefits normally associated with an employee-employer relationship and
that the County excludes the YMCA and its employees from participation in all health and
welfare benefit plans including vacation, sick leave, severance, life, accident, health and
disability insurance, deferred compensation,retirement and grievance rights or privileges.
19. Neither party to this Agreement will be liable for any delay in the performance of
any obligation under this Agreement or of any inability to perform an obligation under this
Agreement if and to the extent that such delay in performance or inability to perform is caused
by an event or circumstance beyond the reasonable control of and without the fault or negligence
of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war(declared
or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla
action, economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out,
explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind,
drought, and the binding order of any governmental authority.
20. The YMCA will not transport, use, store, maintain, generate, manufacture.
handle, dispose, release or discharge any Hazardous Materials upon or about the Shared
Premises, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-
contractors, material men and/or suppliers to engage in such activities upon or about the Shared
Premises.
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21. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your County Public Health Department.
22. The YMCA shall execute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement may be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the County enters
into this Agreement, at the YMCA's sole cost and expense.
IN WITNESS WHEREOF, the Parties have hereto executed this Agreement the day and
year first above written.
AS TO THE YMCA:
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AS TO THE COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER CO NTY, F •yy DA
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