Backup Documents 06/26/2012 Item #16E 4ORIGINAL DOCUMENTS CHECKLIST & ROU.TING SLI
P16E 4�
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 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 # I through 44, complete the checklist, and forward to Sue Filson (line 45).
Route to Addressee(s)
(I ist in routing order)
Office
Initials
Date
1.
I
(Initial)
/
2.
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Agenda Item Number
I to L
3.
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4.
—� P (iL�< -� }'` Sy
Number of Original
Documents Attached
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
(� r
12f�
6. Minutes and Records
Clerk of Court's Office ,
104 fa_
f2
PRIMARY CONTACT INFORMATION
5fm
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
,
�� l
Phone Number
�/ 3
Contact
I
(Initial)
/
Agenda Date Item was
��-� �— Z 2'
Agenda Item Number
I to L
Approved by the BCC
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Type of Document
Attached
—� P (iL�< -� }'` Sy
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of they
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's,
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
/
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Bea are 9f your deadlines!
6.
The document was approved by the BCC on Z (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16E 40
MEMORANDUM
Date: June 27, 2012
To: Michael Dowling, Property Management Specialist
Real Estate Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Shared Parking Agreement
Between The Naples Zoo & The Conservancy
Attached find the (1) one copy of the document referenced above (Agenda
Item #16E4) approved by the Board of County Commissioners on
Tuesday, June 26, 2012.
The original has been kept by the Minutes & Records
Department as part of the Board's Official Records.
If you should have any questions, please contact me at 252 -8411.
Thank you
16E 41
SHARED PARKING AND ACCESS AGREEMENT
This Shared Parking and Access Agreement (hereinafter the `Agreement') is entered into this
lo--"'day of YA C , 2012, by and between Naples Zoo, Inc., a Florida not for profit
corporation, (hereinafter the "Zoo ") with an address of 1590 Goodlette -Frank Road, Naples, FL 34102,
Collier County, a political subdivision of the State of Florida (hereinafter the "County ") with an
address of 15000 Livingston Road, Naples, FL 34108, and Conservancy of Southwest Florida, Inc., a
Florida not for profit corporation, (hereinafter the "Conservancy ") with an address of 1450 Merrihue
Drive, Naples, Florida 34102.
RECITALS
WHEREAS, the Zoo has a thirty (30) year leasehold interest as Lessee ( "Leasehold Interest ")
on approximately 44 acres, as amended, of real property owned by the County described in Exhibit
"B" attached hereto (hereinafter referred to as `the County Property') and operates the Naples Zoo on
the County Property; and
WHEREAS, the Conservancy owns real property (herein the "Conservancy Property "), which
abuts the County Property along the east and south boundaries of the County Property; and
WHEREAS, the Conservancy desires, as a secondary access, for its visitors and the right
to access and use the parking area to the South of the Zoo on County Property (herein the "County
Parking Area "); and
WHEREAS, the County and Zoo desire to allow the Conservancy to use the County Parking
Area during Conservancy special events if space is available; and
WHEREAS, in connection with the County's Gordon River Greenway Park project (the
"Greenway "), the County is improving the County Property with an access drive (herein the "County
Access Drive ") starting at the signalized access on Goodlette Frank Road, which provides an entrance
to the County Parking Area, and is willing to allow the Conservancy to connect its entry road on the
Conservancy Property (herein the "Conservancy Entry Road ") to the drive lanes in the County Parking
Area; and
WHEREAS, the Zoo desires to use, in addition to parking areas on the County Property,
and during its peak days, the grassed overflow parking area located on the Conservancy Property
(herein the "Conservancy Overflow Parking Area ") for Zoo patrons and for Zoo overflow parking
needs; and
WHEREAS, the Conservancy is willing to allow the Zoo to use the Conservancy Overflow
Parking Area during the Zoo's peak days of business if space is available.
WHEREAS, the Zoo currently provides for free admission to Collier County residents the first
Saturday of every month and parking is limited, shared parking would not be available to the
Conservancy by the Zoo during this period.
16E 41
NOW, THEREFORE, the parties do hereby come to the following understanding:
1. COUNTY AND ZOO PERMISSION. The County intends to construct and maintain
the County Access Drive to the County Parking Area. The Conservancy may connect to the County
Parking Area as a secondary access by the Conservancy Entry Road which will connect to the drive
lanes in the County Parking Area. The Conservancy's visitors may then exit the Conservancy as a
secondary access as follows: from the Conservancy Property to the Conservancy Entry Road, to the
drive lanes of the County Parking Area and out through the County Access Road. The County intends
to construct a pedestrian pathway to provide pedestrian access from the Conservancy Overflow
Parking Area to the County Property. (For reasons of public safety and ease of access, this pedestrian
pathway must be installed between the Conservancy Overflow Parking Area and the County Property
prior to the implementation of this Agreement.) The County and Zoo hereby grant and agree to allow
the Conservancy to utilize the County Parking Area drive lanes as set forth above for the limited
purpose of serving as a secondary access to the Conservancy Property. The County will maintain the
County Parking Area drive lanes. The County and the Zoo also hereby grant and agree to allow the
Conservancy permission to utilize the Parking Area if space is available to use the County Parking
Area for overflow parking for Conservancy events. The Conservancy will provide the County and Zoo
a minimum of 48 hours prior written notice of its intent to use the County Parking Area. The 48 hours
prior written notice may be transmitted via electronic mail.
2. CONSERVANCY PERMISSION. The Conservancy hereby gives permission, if
space is available, to the County and Zoo for the use of approximately eighty (80) parking spaces on
the Conservancy Overflow Parking Area during the Zoo's peak days and to access said parking area
utilizing the Conservancy Entry Road constructed by the Conservancy. The Zoo or the County will
provide the Conservancy a minimum of 48 hours prior written notice of its intent to use the
Conservancy Overflow Parking Area. The Conservancy will maintain the Conservancy Entry Road
and Conservancy Overflow Parking Area. The 48 hours prior written notice may be transmitted via
electronic mail.
3. REASONABLE USE. The permissions hereinabove granted shall be used and enjoyed
in such a manner so as not to unreasonably interfere with, obstruct or delay the conduct and operations
of the business of any other owner or its permittees at any time conducted on its property.
4. IMPROVEMENTS. No permanent building, structures, fences, walls, trees or other
improvements inconsistent with the use and enjoyment of such permissions shall be placed over or
permitted to encroach upon or interfere with such shared parking or access.
5. MAINTENANCE. Each underlying owner of the property subject to the shared
parking area shall be wholly responsible for the costs and expenses involved in performance of
reasonable and necessary maintenance, management, repair, or replacement of the shared parking area
that it owns. Each underlying owner will give ten (10) days prior written notice of any scheduled
maintenance, management, repair or replacement of the respective area.
6. INDEMNIFICATION BY ZOO. The Zoo shall indemnify, defend and hold the
Conservancy and the County harmless from and against any and all claims, demands, suits, actions,
and causes of action, costs and expenses (including without limitation attorneys' fees and costs)
connected with the Zoo's use of the Conservancy Overflow Parking Area or Conservancy Entry Road,
2
16E 4
the conduct of Zoo's business with respect to its use of the Conservancy Overflow Parking Area or
Conservancy Entry Road, or any activity, work or things done, permitted or suffered by the Zoo in or
about the Conservancy Overflow Parking Area or Conservancy Entry Road, and shall further
indemnify, defend and hold harmless the Conservancy and the County from and against any and all
claims arising from any "Default" (as defined herein), or arising from any act of commission, or
omission of the Zoo, or its agents, servants or employees, subtenants or assignees or anyone else
connected with the Zoo's use coming on the Conservancy Overflow Parking Area or Conservancy
Entry Road. The Conservancy shall not be liable to the Zoo for any loss, injury or damage to the Zoo
or any other person in, upon or about the Conservancy Overflow Parking Area or Conservancy Entry
Road, or to its or their property (including, without limitation, any consequential damages arising out
of any loss of use of the Conservancy Overflow Parking Area or Conservancy Entry Road, or any
equipment or facilities thereon by the County or the Zoo, or any other person claiming through or
under the Zoo), from any cause, and the Zoo, as a material part of the consideration to the
Conservancy, hereby assume all risk of such loss, injury or damage and hereby waive all claims in
respect thereof against the Conservancy. The County and the Zoo shall not be expected or required to
pay any charge, assessment, or imposition, of any kind charged, assessed, or imposed on or against the
Conservancy Overflow Parking Area or Conservancy Entry Road, or be under any obligation or
liability hereunder except as herein expressly set forth. This paragraph is specifically enforceable. If
the Zoo fails to indemnify, defend and hold the Conservancy or the County harmless as set forth herein
( "default "), then the parties hereto shall submit the claim or dispute to binding arbitration before one
certified arbitrator in Collier County, Florida. Each party shall pay its own costs and attorney's fees,
including appellate costs and attorney's fees.
7. INDEMNIFICATION BY CONSERVANCY. The Conservancy shall indemnify,
defend and hold the Zoo and the County harmless from and against any and all claims, demands, suits,
actions, and causes of action, costs and expenses (including without limitation attorneys' fees and
costs) connected with the Conservancy's use of the County Access Drive or County Parking Area, the
conduct of the Conservancy's business, or any activity, work or things done, permitted or suffered by
the Conservancy in or about the County Access Drive or County Parking Area, and shall further
indemnify, defend and hold harmless the Zoo and the County from and against any and all claims
arising from any "Default" (as defined herein) or arising from any act of commission or omission of
the Conservancy, or its agents, servants or employees, subtenants or assignees or anyone else
connected with the Conservancy's use coming on the County Access Drive or County Parking Area.
The Zoo and County shall not be liable to the Conservancy for any loss, injury or damage to the
Conservancy or any other person in, upon or about the County Access Drive, County Parking Area or
the County Property (including, without limitation, any consequential damages arising out of any loss
of use of the County Access Drive or County Parking Area or any equipment or facilities thereon by
the Conservancy or any other person claiming through or under Conservancy), from any cause, and the
Conservancy, as a material part of the consideration to the Zoo and County, hereby assumes all risk of
such loss, injury or damage and hereby waives all claims in respect thereof against the County and the
Zoo. The Conservancy shall not be expected or required to pay any charge, assessment, or imposition,
of any kind charged, assessed, or imposed on or against the County Access Drive or County Parking
Area, or be under any obligation or liability hereunder except as herein expressly set forth. This
paragraph is specifically enforceable. If the Conservancy fails to indemnify, defend and hold the
County or the Zoo harmless as set forth herein ( "default'), then the parties hereto shall submit the
claim or dispute to binding arbitration before one certified arbitrator in Collier County, Florida. Each
party shall pay its own costs and attorney's fees, including appellate costs and attorney's fees.
3
16E 40
8. NOTICES. Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of
receipt, or by registered or certified mail, return receipt requested, postage prepaid, transmitted or
addressed as follows:
If to ZOO: Naples Zoo, Inc.
1590 Goodlette -Frank Road
Naples, FL 34102
Attn: Executive Director Naples Zoo, Inc.
Telephone: (239) 262 -5409
Fax No.: (239) 262 -6866
If to CONSERVANCY: Conservancy of Southwest Florida, Inc.
1450 Merrihue Drive
Naples, Florida 34102
Attn: President & CEO
Telephone: (239) 262 -0304
Fax No. (239) 262 -0672
If to COUNTY: Collier County Parks and Recreation
15000 Livingston Road
Naples, FL 34108
ATTN: Parks and Recreation Director
Telephone: (239) 252 -4000
Fax No. (239) 252 -5360
Copy to: County Attorney
9. LIABILITY INSURANCE BY ZOO. The Zoo shall obtain and keep in force at all
times during the term of this Agreement, at the Zoo's expense, insurance in the same amounts and
subject to the same policy requirements set forth in that certain Lease Agreement by and between the
County and the Zoo, dated December 12, 2005, which is attached hereto as Exhibit `B' and made a
part hereof, and as may be amended, for:
A. Commercial General Liability, including Contractual Liability and Products and Completed
Operations Liability insuring the Zoo and, as Additional Insured, the County and the
Conservancy against any liability for injury to or death of persons, loss or damage to property
or personal injury occurring in and on the County Access Drive and County Parking Area
arising out of the ownership, use, occupancy or maintenance of the County Access Drive,
County Parking Area, and all areas appurtenant thereto.
B. Automobile Liability including coverage for owned, non -owned and hired automobiles.
C. Statutory Workers' Compensation and Employers' Liability.
D. The policy limits of such insurance shall not, however, limit the liability of the Zoo hereunder.
4
16E 44
10. LIABILITY INSURANCE BY CONSERVANCY. The Conservancy shall obtain
and keep in force at all times during the term of this Agreement, at the Conservancy's expense,
insurance as follows:
A. Commercial General Liability, including Contractual Liability and Products and Completed
Operations Liability in an amount of not less than $1,000,000 Each Occurrence, $2,000,000
General Aggregate, $2,000,000 Products and Completed Operations Aggregate and $1,000,000
Personal Injury insuring the Conservancy and, as Additional Insured, the Zoo and the County
against any liability for injury to or death of persons, loss or damage to property or personal
injury occurring in and on the County Access Drive and County Parking Area arising out of the
ownership, use, occupancy or maintenance of the County Access Drive, County Parking Area,
and all areas appurtenant thereto.
B. Automobile Liability including coverage for owned, non -owned and hired automobiles in an
amount of not less than $1,000,000.
C. 1) Statutory Workers' Compensation and 2) Employers' Liability in an amount of not less than
$1,000,000 Each Accident, $1,000,000 Policy Limit — Disease and $1,000,000 Each Employee
— Disease.
D. The policy limits of such insurance shall not, however, limit the liability of the Conservancy
hereunder.
11. WAIVER AND INVALIDITY. Any failure to enforce any provision contained herein,
or subsequently recorded as provided hereunder, shall in no way be deemed a waiver of the right to do
so thereafter. The invalidity, violation, abandonment or waiver of any one or more of any of the
provisions hereunder shall not affect or impair the remaining portions of this Agreement.
11. EXPENSES RELATED TO AGREEMENT. This Agreement shall be recorded as
shared cost by all parties' expense.
13. ENFORCEMENT AND ATTORNEY'S FEES. Except as provided in this article, this
Agreement shall not be specifically enforced, nor can any party hereto seek damages hereunder except
as provided herein. It is specifically understood that this Agreement is not a binding agreement except
as provided herein, and any party hereto may suspend or terminate this Agreement at any time in
writing. No consideration is being given by any party to this Agreement, except as to the
indemnification and holding harmless provisions, or as otherwise provided herein. In the event of a
dispute over the terms of this Agreement, each party shall pay its own attorney's fees and costs
including those which may be incurred by a non - defaulting party.
14. INTENT AND REVOCATION. The parties hereto intend for this Agreement, and the
use rights created herein, to constitute a license in land between one another. The provisions granted
hereby are personal to the parties and not assignable, and this license may be revoked by any party
hereto at any time by providing 30 days prior written notice to the other parties notwithstanding any
reliance, improvements or expenses made or incurred by any other party with respect to its interest
5
16E 41
herein. This Agreement constitutes the entire agreement of the parties hereto with respect to the
matters set forth herein and shall not be modified except by a writing signed by each party hereto.
Locations of the County Access Drive, County /Zoo Shared Parking Area, Conservancy Entry
Road /Shared Public Access, and Conservancy Overflow Shared Parking Area, are depicted, for
reference, on the attached Exhibit `A'.
TO HAVE AND TO HOLD the same unto the GRANTOR and GRANTEE, its assigns,
together with the rights as set forth above.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
Witnesses:
STgnature�
Qrn� Kra z
(print name)
Signature
(print name)
STATE OF FLORIDA
COUNTY OF COLLIER
Naples Zoo, Inc.,
a Florida not - for - profit corporation
(Corporate Seal)
By: Off) , Chairman
Title: Fl+c 1Z
Date: q f i Z 1
The4ioregoing instrument was acknowledged before me this __�_ day of .j -7 ,
2012, by , ,t )a L),'(( 'le f.-1 a of Naples Zoo, Inc., a Florida not - for - profit corpor tion, on behalf
of the corporation, who is () personally known to me or ( ) has produced
as identification.
(SEAL)
�`�=
�pRY q CAMILLE PICKENS
NOTARY PUBLIC
STATE OF FLORIDA
i Comm# EE145095
Expires 1/3/2016
Notary Public
Print Name:
My Commission Expires:.
0
16E
Conservancy of Southwest Florida, Inc., and
Collier County signatures appear on following pages.
Witnesses:
Signature
(print name)
Signature OARU—Y/yPbTme
(print name)
STATE OF FLORIDA
COUNTY OF COLLIER
Conservancy of Southwest Florida, Inc.,
a Florida not - for - profit corporation
(Corporate Sea
��
Name: // d'f e JAI (7 1_. /b') cc i k) e-
eo Seyj Title: / re s r 4—
The foregoing instrument was acknowledged before me this 164� day of Or-A � ,
2012, by , arJrua.J H -E1 wa.�h L of Conservancy of Southwest Florida, Inc., a Florida not - for - profit
corporation, on behalf of the corporation, who is () personally known to me or () has produced
as identification.
(SEAL)
Dated: �c�,►r' r2�•► , 2012
,n "•wp
DWICC '�"gF: AROE�I', Cio rk
-fit
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By: i�
Approved as to form and legal sufficiency:
H cn
Notary Pub is
Print Name: 14 c-Le t et �nn rzli�'
My Commission Expires:
���� P`�,,' MARGARET ANN DARDIS
:° �; Notary Public State of Florida
_ My Comm. Expires Nov 12, 2013
=;�' Commission # DD 939945
����°� �•`, Bonded Through National Notary Asso
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ILI-k W
Fred W.Coyle, Chairman
Jennifer B. Wh e, Assistant County At
7
Caul
(OWNED BY CONSEWV"
�HAREDP ENTRY ROAD
EXHIBIT `A'
Location Map
LOCATION VAP
EXHIBIT `B'
SECOND AMENDMENT TO LEASE AGREEMENT
--r*-
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this — day of
%-�.( G , 2010, at Naples, Collier County, Florida by and between NAPLES
ZOO, INC., a Florida non -profit corporation, exempt from taxation under Section 501(c) (3) of the
Internal Revenue Code, whose mailing address is 1590 Goodlette -Frank Road, Naples, Florida
34102, hereinafter referred to as LESSEE and 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 "LESSEE."
WITNESSETH
WHEREAS, Naples Zoo, Inc., and Collier County, entered into the Lease Agreement dated
December 12, 2005, by way of a Novation Assignment of Lease Agreement dated December 19,
2005, from the Trust for Public Land, a California not - for - profit corporation, and:
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement;
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease
Agreement dated December 12, 2005, and Ten Dollars ($10.00) and other valuable consideration,
said Lease Agreement is hereby amended as follows:
1.) Under Article 1, Demised Premises and Permitted Uses, Exhibit "A -1" shall be replaced
with the attached Exhibit dated : y- io . The reference to 43.52 acres plus /minus shall be
replaced with �/'/. / acres plus /minus.
2.) Except as expressly provided herein, the Lease Agreement between Naples Zoo, Inc., and
Collier County, dated December 12, 2005, 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 LESSOR and LESSEE have hereto executed this Second
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE:
U�
Witness (signature)
Witness (print name)
liess (signatur .
Witness (print name)
NAPLES ZOO, INC.,
a Florida non - profit corporation
BY:
Ray Carroll, hairman
16E 4'4
DATED �- � , ,z a / d
ATTEST:
DWIGHT E. BROCK, Clerk
BY.
Deputy Clerk.
Att*1 tt 6o pw.t
i patw -c"i a ,
Approved as to form and legal sufficiency:
Jennifer B. White, Assistant County Attorney
16E 4',
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY: w,
FRED W. COYLE, Chairm
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