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Agenda 01/27/2009 Item #16D 1 Agenda Item No. 16D1 January 27, 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a Parking License Agreement with Vanderbilt Real Estate Holdings, LP, for temporary parking for beach maintenance equipment at an annual cost of $6,000. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to approve and execute a Parking License Agreement with Vanderbilt Real Estate Holdings, LP, for temporary parking for beach maintenance equipment. CONSIDERATIONS: For the past two years, Coastal Zone Management has utilized a parking area located at the intersection of Gulfshore Court and Center Street North, adjacent to Vanderbilt Beach Drive, in order to park beach maintenance vehicles. The landlord, Vanderbilt Real Estate Holdings, LP, has allowed use of this property to the County without requiring a lease agreement or compensation. Recently, however, the landlord has requested that the County enter into a formal agreement and provide compensation for use of the property. At some point in the future, the County anticipates relocating the equipment that will be stored at this property to a County-owned property within the area The attached Parking License Agreement, which has been prepared by the landlord, provides approximately 6,000 square feet of vacant space for a parking area. The license term is for three (3) years beginning November 1, 2008 and expires on October 31, 2011. Either party is provided the option to terminate the lease after the first year of occupancy by providing thirty day written notice to the other party. The monthly rent will be Five Hundred Dollars ($500.00). The rent equates to one dollar per square foot. FISCAL IMPACT: The monthly rent payments of $500 shall be withdrawn from account number 195-116361-90533.1 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Resolution and Lease Agreement are legally sufficient for Board action. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only - JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to execute the attached Parking License Agreement with Vanderbilt Real Estate Holdings, LP. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property Management, Facilities Management Department Page I of 1 Agenda Item No. 16D1 January 27, 2009 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMtSSIONERS Item Number: Item Summary: 16D1 Recommendation for the Board of County Commissioners to approve a Parking License Agreement with Vanderbilt Real Estate Holdings. LP, for temporary parking for beach maintenance equipment at an annual cost of $6,000. Meeting Date: 1/27/20099:0000 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 12/31/20083:46 PM Approved By Gary McAlpin Costal Project Manager Date Public Services Coastal Zone Management 12/31/20084:30 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 1/2/20093:51 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1/9/20099:42 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/13/2009 5:46 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/16/200912:05 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/20/20094:29 PM Commissioners file://C:\AgendaT est\Export\ 1 22-January%2027 ,%202009\ 16. %20CON SENT%20AG END... 1/21/2009 Agenda Item No. 16D1 January 27, 2009 Page 3 of 6 PARKING LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement"), made and entered into this _ day of , 2009, by and between Vanderbilt Real Estate Holdinas, L TD whose address or principal place of business is 15 South 5th Street #900, Minneapolis, Minnesota 55402 hereinafter referred to as "Licensor", and Collier Countv a political subdivision of the state of Florida whose address or principal place of business is 3301 Tamiami Trial East Naples, FL 34112 hereinafter referred to as "Licensee". In consideration of the mutual promises hereunder, the parties agree as follows: 1. Licensor hereby grants Licensee a non-exclusive license to park its vehicle(s) in the parking area delineated on the site plan attached hereto and made a part hereof as Exhibit "A" ("Licensed Premises"). Only a license to 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 fee in the amount of $500.00. The monthly license fee will increase to $525.00 per month in the second year of this agreement and $550.00 in the third year of this agreement. Monthly license fees are to be mailed to Welsh Companies FL, Inc. 2400 9th Street North #101, Naples, FL 34103. Monthly license fees are due the first of each month. Failure to pay license fee by the 5th day of each month shall result in a penalty charge of $15.00 per day. 3. This Agreement shall commence on the ~ day of November, 2008 and terminate on the 31st day of October, 2011. Either party may terminate this Agreement after the first 12 months of the initial term with thirty (30) days prior written notice. If the term herein commences on a day other than the first day of a calendar month, Licensee shall pay to Licensor the prorated fee for the number of days that exist prior to the first day of the succeeding month with a similar adjustment being made at the termination of this Agreement. Should Licensee utilize the Licensed Premises after the termination date without the benefit of a fully-executed and current Agreement it shall be deemed to be a license from month to month at the monthly license fee specified in section 2, subject to all of the other terms of this Agreement. 4. Notices shall be sent by U.S. registered or certified mail, return receipt requested, and shall be deemed effective upon posting in the U.S. mail depository with sufficient postage attached thereto. Notices shall be sent to the follOWing addresses: Licensor: c/o Welsh Companies FL. Inc. 2400 9th Street North #101 Naples, FL 34103 Licensee: Board of Countv Commissioners c/o Real Estate Services 3301 Tamiami Trial East Admin. Buildinq Naples. FL 34112 Page t of 4 Agenda Item No. 1601 January 27, 2009 Page 4 of 6 5. Licensee shall, 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. 7. The laws of the State of Florida and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement. Any provision of this Agreement, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that this Agreement is capable of execution. 8. If the Licensed Premises shall be taken by right of eminent domain, in whole or in part, then this Agreement, at the option of either party, shall forthwith cease and terminate and the license fee shall be properly apportioned to the date of such taking. 9. In the event the Licensed Premises are rendered unfit for Licensee's purposes by fire or other casualty, this Agreement will immediately terminate and no license fee shall accrue to Licensor from the date of such fire or casualty. In the event the Licensed Premises are damaged by fire or other casualty so that there is partial destruction of the Licensed Premises or such damage as to render the Licensed Premises partially unfit for Licensee's purposes, either party may, within five (5) days of such occurrence, terminate this Agreement by giving written notice to the other party. Such termination shall be effective not less than fifteen (15) days from the date of mailing of the notice. License fees shall be apportioned to the effective date of termination. 10. This Agreement, including all exhibits, supersedes any and all prior writlen or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written executed contract. 11. Licensee understands and agrees that Licensor cannot guarantee the safety of vehicles on the premises and also agrees that he or she will hold Licensor blameless in the event of damage to, theft from or theft of any vehicles. Page 2 of 4 , .. Agel,da Iten, ~J". 1GD1 January 27, 2009 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. LICENSOR Vanderbilt Real Estate Holdings, LP By: Print: Title: Date: Dated: LICENSEE: Attest Board of County Commissioners, Collier County Florida DWIGHT E BROCK, Clerk BY: Deputy Clerk By DONNA FIALA, CHAIRMAN Approved a to form and legal sufficiency: ... Page 3 of 4 j Agenda Item No. 16D1 January 27, 2009 Page 6 of 6 Exhibit "A" "Licensed Premises" .-1'--"T~r~"u'; . _. ... . . ~--t71~ ,. ,. . :i:"'~'-~"l; :."_..,.~::~; ,~":: ;~~:['~~ ";21t:;~":~-f:~:~::_::&~,;'"F:':1' VANDERBll.T BCR CENTER BLK CLOT 1 PARCEL # ~9121600006 0.11 ACRES 139 ValUl~lbilt B~ach Roa,l 221l. c e.ri~~cl '7 Q... e... \'V\. i ~ e. 'S Page 4 of 4