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Agenda 07/28/2009 Item #16D17Agenda Item No. 16D17 July 28, 2009 Page 1 of 15 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a proposed land lease with the Collier County Senior Resource Center, Inc. to use the old (existing) Golden Gate Branch library site for a Senior Resource Center. OBJECTIVE: Receive Board approval for a land lease agreement with the Collier County Senior Resource Center, Inc., for use of the old Golden Gate Branch library site to construct a joint Senior Resource Center and library facilities for seniors. CONSIDERATIONS: At the May 26, 2009 meeting of the BCC, the Board directed staff to propose a facility joint use agreement and land lease partnership with the Collier County Senior Resource Center, Inc., using the old Golden Gate Branch library site. The Collier County Senior Resource Center, Inc. will replace the old library building with about an 11,000 square foot building attached to the new Golden Gate Branch Library. Programs planned for the facility include: 1. A large, multi - purpose room and classrooms, including public -use computers for seniors; 2. An equipment library for those with visual problems; 3. A Volunteer coordinator to assist with Senior programs and Library volunteers, including the Library Literacy Program; 4. Offices and work areas for a county -wide 211 service; 5. A library of books, periodicals and other resources of interest to seniors; This area will include reading chairs and tables, as well as materials. 6. Library book sale center; 7. A medical facility staffed by volunteer physicians and nurses, providing services to seniors, starting at age 50. An advisory committee will be established for the facility, with at least two (2) members from the Library Department. This committee will establish a facility use agreement and working relationships among the entities using the resource center. This facility use agreement and any future changes will be presented to the Board of County Commissioners for approval. After the facility is functioning, the committee will meet at least annually to make any revisions needed. The Collier County Senior Resource Center, Inc. will assume financial responsibility for all construction and /or improvements. FISCAL IMPACT: County funds will not be used for the project construction. Additional costs for cleaning and maintaining the new library space will be requested when appropriate. GROWTH MANAGEMENT IMPACT: The only potential Growth Management Impact would be any adjustment, positive or negative, to the total square footage of library space. LEGAL IMPACT: The proposed lease has been reviewed by the County Attorney's Office. This item requires majority vote and is legally sufficient for Board action. — CMG RECOMMENDATION: Request that the Board of County Commissioners approve and authorize the Chairman to sign the attached land lease agreement. Prepared by: Marilyn Matthes, Library Director Page 1 of 1 Agenda Item No. 16D17 July 28, 2009 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D17 Item Summary: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a proposed land lease agreement with the Collier County Senior Resource Center, Inc. to use the old (existing) Golden Gate Branch Library site for a Senior Resource Center, Meeting Date: 7/28/2009 9:00:00 AM Approved By Raymond Carter Operations Manager Date Administrative Services Risk Management 7/16/2009 7:55 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/17/2009 10:52 AM .Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 7/17/2009 4:43 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 7/17/2009 4:49 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 7 /18/2009 8:43 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 712012009 11:04 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/20/2009 12:45 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 7120/2009 2:15 PM file: / /C: \AgendaTest\ Export\ 13 3 - July %2028, %202009\ 16. %2000NSENT %20AGENDA\ 1... 7/22/2009 0) un C) CN CL) 0 F'o SADUO!ss! 340 P, wwo eog A�uno:) JoHl 00 li NOI.LIOGV AHVH811 BIVS N3a109 �: CD Ln x CD LLJ — ----------- 1p 4c LLj -- -------- 01 Lo Q= j U) 0 < w LU 11Z LWLI Lf) 0 UJ CY ,W,9', (f) (i) co O"(D& z L4 co LL, z — ----------- 1p 4c LLj -- -------- 01 Lo Q= j U) 0 < w LU 11Z LWLI Lf) 0 UJ CY ,W,9', (f) (i) co O"(D& z L4 co Agenda Item No. 16D17 July 28, 20109 Page 4 of 15 COLLIER COUNTY SENIOR RESOURCE CENTER GROUND LEASE THIS LEASE is made and entered into this _ day of , 2009, by and between COLLIER COUNTY, a political subdivision, herein referred to as "Lessor ", and COLLIER COUNTY SENIOR RESOURCE CENTER, INC., a not- for -profit Florida corporation, herein referred to as "Lessee ". In consideration of the mutual covenants provided herein and other good and valuable consideration, the parties agree as follows: ARTICLE I. DEMISE OF LEASED LAND 1.1 Lessor for and in consideration of the rents, covenants and conditions herein contained to be kept, performed and observed by Lessee, does lease and demise to Lessee, and Lessee does rent and accept from Lessor, the real property, referred to as "Leased Land" described in Exhibit "A ", attached hereto and incorporated herein by reference. Said Leased Landis located in Lessor's government complex located at the intersection of Golden Gate Parkway and Coronado Blvd, Collier County, Florida and is immediately adjacent to the Golden Gate Public Library. Upon the commencement of the Lease Term as provided below, Lessee may commence demolition of the existing structure on the Leased Land upon receipt of applicable demolition permits. 1.2 Lessee, Lessee's employees, agents, clients, customers, invitees and the general public patronizing the Senior Resource Center of Lessee, shall be entitled to park in the public parking spaces located in the Golden Gate Government Complex and shall have ingress and egress in common with the general public throughout the public driveways, walkways and parking areas of the Golden Gate Government Complex. 1.3 Lessor hereby represents and warrants that Lessor is the owner in fee simple absolute of the Leased Land subject to covenants, conditions, restrictions, easements and other matters of record. 1.4 Lessor covenants and agrees that Lessee, on keeping the covenants, conditions and terms of this Lease on Lessee's part to be kept or performed, shall lawfully and quietly hold, occupy and enjoy the Leased Land during the term of this Lease without hinderance or molestation by Lessor or any person claiming under Lessor. ARTICLE 2. LEASE TERM 2.1 This Lease shall be for a term of thirty (30) years, hereinafter referred to as "Lease Term." Said Lease shall commence on the day that a building permit is pulled for the construction of the improvements by Lessee as provided for herein. Additionally, the Lessor agrees to offer the Lessee the right to renew this Lease for four (4) additional fifteen (15) year periods at the end of the above - referenced 30 year Lease Term. The Lessee agrees to pay the Lessor the sum of One Hundred Dollars ($100.00) per year during the term hereof, payable annually on the anniversary date of this Lease which amount shall be rendered to the Lessor at Board of County Commissioners, c/o Real Property Mgt. Dept., 3301 Tamiami Trail East, Building W, Naples, FL Agenda Item No. 16017 July 28, 2009 Page 5 of 15 33962. All of the covenants and conditions contained within this Lease will apply to any renewal period. 2.2 If Lessee shall hold over after the expiration of the Lease Term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Leased Land as a holdover. ARTICLE 3. LESSOR OBLIGATIONS 3.1 Lessor shall make available existing sewer and potable water lines to the said Leased Land. Lessee shall pay and discharge as they become due, promptly and before delinquency, all impact fees, if any, monthly utility fees, license fees, permits, levies, excises whether general or special, ordinary or extraordinary, of every name, nature or kind whatsoever on or against Lessee. 3.2 All persons to whom these presents may come are put upon notice of the fact that the interest of the Lessor in the Leased Land shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Leased Land or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 4. USE OF PREMISES 4.1 Lessee shall have the right to use the Leased Land only for the purposes specifically referenced herein. It is understood and agreed that the primary purpose of Lessee for the use of the Leased Land is to construct, operate and maintain an approximate 11,000 square foot building as a Senior Resource Center (the "Facility ") for uses commonly and normally associated with a Senior Resource Center (a non - profit organization that works in partnership with older persons and the community to provide centralized and coordinated service, information, education and leadership helping to assist seniors in maximizing their independence and personal dignity) and other library uses as determined by Lessee and agreed upon between Lessee and the Collier County Public Library (including, but not limited to: meeting /multi purpose room(s) for various programs; adult literacy program; classrooms including computers for seniors; equipment and library for the blind; volunteer coordinator; 211 services program offices; senior resource area with periodicals, reading tables, chairs, Book Sale room and reception area; medical - dental clinic). 4.2 Subject to provisions contained in the operations plan described in Paragraph 8.2 below, Lessee shall have the exclusive right to use the Leased Land and any improvements constructed thereon by Lessee during the term of this Lease. During the term hereof, Lessee may, in its sole discretion, improve, alter, maintain, or renovate the improvements constructed by Lessee on the Premises. Any such work may be undertaken by Lessee at any time or times during the term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co- operate with Lessee in connection with such construction and agrees to execute any documents required by governmental authorities evidencing Lessee's rights hereunder and consenting to such work. During the term of this Lease, Lessee may erect signage on the Leased Land and the improvements constructed by Lessee thereon, designating same as a Senior Resource Center. Such signage may include the name or names of donor sponsors of Lessee. Any such Agenda Item No. 16D17 July 28, 2009 Page 6 of 15 signage shall be in compliance with all applicable codes and ordinances. 4.3 In the event Lessee shall cease to use the Leased Land for the purposes described in Section 4.1 above, and such cessation of use shall continue for a period of sixty (60) days, this Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the premises to the Lessor within Thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as Acts of God or if such cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Leased Lands. Additionally, if this Lease is terminated by Lessor pursuant to this provision and the Friendship Health Center (f/k /a Senior Friendship Center of Collier County) (or it's designee) continues to operate a medical /dental clinic in the building constructed by Lessee on the Leased Land as described in Paragraph 8.1 below, this Lease will not terminate as to Friendship Health Center (or it's designee) and Lessor agrees to enter into a lease with Friendship Health Center (or it's designee) for the space it occupies in the building under the same terms and conditions as provided for herein as modified to reflect the use of Friendship Health Center (or it's designee) of only a portion of the building. ARTICLE 5. ENCUMBRANCE OF LEASEHOLD ESTATE 5.1 Lessee shall not encumber, by mortgage or other security instrument, or by way of assignment, or otherwise, Lessor's or Lessee's interest under this Lease and the leasehold estate hereby created for any purpose without the consent of Lessor, which consent may be withheld in the absolute discretion of the Lessor. ARTICLE 6. CONSTRUCTION, REPAIRS AND RESTORATION; MAINTENANCE; UTILITIES AND INSURANCE 6.1 The plans, specifications and building design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for a building permit for improvements to the Leased Land, Lessee shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. Lessor shall have twenty one (2 1) days after receipt of any submittal by Lessee to review Lessee's submitals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans then Lessee may terminate this Lease. Lessee may make non- material changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall be in conformity with Collier County vertical standards. 6.2 Lessee agrees to commence construction of the approved improvements to the Leased Land five (5) years from the last execution date of this Lease. In the event Lessee does not commence construction within such period, then the Lessor shall have the right to terminate this Lease and neither party shall have any further obligations to the other party. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said Agenda Item No. 16D17 July 28, 2009 Page 7 of 15 construction on or before twenty (24) four months from commencement, subject to delays beyond the control of the Lessee. 6.3 All improvements to the Leased Land shall be constructed in compliance with all governmental regulations pursuant to valid permits. In addition, Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. 6.4 Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land, including any buildings and improvements thereon, in good, sanitary and neat order, condition and repair. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Lessee. Lessee agrees to pay water, electricity and all other utilities used by Lessee in the Leased Land, including sewer service according to the charges made therefore by the proper local authority. Lessee shall also comply and abide by all Federal, State, Municipal and other Governmental Statutes, ordinances, buildings and improvements thereon, or any other activities or conditions on or in the Leased Land. Lessor, upon request of Lessee shall perform said maintenance, and/or pay for said water, electricity and other utilities used by the Lessee in the Leased Land, the cost of which shall be reimbursed to Lessor by Lessee under terms and conditions agreed to by Lessor and Lessee. 6.5 If the Leased Land is partially damaged by any casualty insurable under the Lessee's insurance policy, Lessee may at its option upon receipt of the insurance proceeds, repair the same in the manner it deems necessary and appropriate. Provided, however, if the Leased Land, including buildings and improvements thereon: (a) are rendered wholly untenantable by reason of such occurrence or, (b) damaged, in whole or in part, to the extent fifty percent (50 %) or more of the replacement cost on date of loss thereof, in the sole judgment of Lessee, then in either such event, Lessee, may repair the damage. If Lessee chooses not to repair the damage, Lessor may cancel this Lease. Notice of cancellation shall be provided within Sixty (60) days after either of the above described events occur, and thereupon this Lease shall terminate, and Lessee shall vacate and surrender the Leased Land to Lessor. 6.6 Lessee shall maintain with the Division of Risk Management, Department of Insurance, an insurance policy with limits for all claims as is reasonably acceptable to Lessor. Lessee agrees to procure fire and extended risk/cornmercial general insurance coverage which will afford minimum protection of not less than one million dollars ($1,000,000.00) for personal injury or death in any one occurrence and of not less than one million dollars ($1,000,000.00) for property damage in any one occurrence by preparing and delivering to the Division of Risk Management, Department of Insurance, a completed Florida Fire Insurance Trust Fund Coverage Request Form immediately upon completion of any improvements or structures as evidenced by the issuance of a Certificate of Occupancy by the State Fire Marshall. Lessee will provide the Division of Risk Management, Department of hnsurance a certificate of such insurance each year upon renewal of same. All policies required to be carried by Lessee hereunder all evidence of insurance provided to Lessor will contain an endorsement showing that Lessor is included as an additional insured, and an endorsement whereby the insurer agrees not to cancel or alter the policy without providing at least thirty (30) days prior written notice to lessor and all other named insureds. 6.7 Lessor shall, upon request of Lessee, join with Lessee in executing and delivering such documents, from time to time, and throughout the term of this Lease, as may be Agenda Item No. 16D17 July 28, 2009 Page 8 of 15 appropriate, necessary or required by any governmental agencies, public utilities, and companies. 6.8 Lessee will take all necessary efforts to obtain any zoning, subdivision site plan environmental audits, or building approvals on the site, or any part thereof with which Lessee may be required to comply. Lessor agrees, from time to time, to assist the Lessee in the creation and execution of such documents petitions, applications and authorizations as may be appropriate or required to submit the site, or any part thereof, for the purpose of obtaining such approvals. If for any reason zoning, easements, land development regulations or environmental issues cause the proposed use of this site unusable for the purpose intended and expressly stated herein, this Lease shall be null and void. 6.9 All work, whether interior or exterior, ordinary, extraordinary, or structural, must be performed in good and workmanlike manner, in full compliance with the plans and specifications approved by Lessor, and in compliance with all applicable governmental codes and ordinances and free and clear of all claims for lien on account of unpaid labor, services, or materials. ARTICLE 7. MECHANIC'S LIENS 7.1 Lessor's interest in the premises will not be subject to lien for improvements to the premises made on the order of Lessee. All persons performing labor or service and furnishing materials to the premises on the order of Lessee must look solely to Lessee and Lessee's interest in the premises for payment. 7.2 If any lien or claim of lien is asserted against Lessor's interest in the premises, Lessee must obtain a release of Lessor's interest from the lien or claim of lien within 30 days from the date on which the lien or claim of lien was filed. ARTICLE 8. ASSIGNMENT AND SUBLEASE; AGREEMENT WITH COLLIER COUNTY PUBLIC LIBRARY SYSTEM 8.1 Lessee shall not assign this Lease or sublet the entire building constructed on the Leased Land by Lessee without the written consent of the Lessor, which consent shall not unreasonably be withheld. Provided, however, Lessor understands and acknowledges that although Lessee is the tenant under this Lease, Lessee intends to sub -let portions of the Senior Resource Center Building constructed by Lessee on the Leased Land to other not - for - profit entities to carry out the uses described in Article I above, including, but not limited to the Friendship Health Center (or it's designee) to operate a medical/dental clinic in not less than 4,500 sq. ft. of the Facility. 8.2 Lessee agrees to cooperate with the Collier County Public Library to co- ordinate the programs and services described in Article 1.1 above and for the maintenance of the improvements constructed by Lessee on the Leased Land as described in Article 6.4 above and as agreed upon by Lessee and the Collier County Public Library. A mutual "operations plan" shall be created between the Lessee and the Collier County Public Library which shall be reviewed annually and updated if deemed necessary by the Lessee and the Collier County Public Library. ARTICLE 9. DEFAULT AND REMEDIES 9.1 No failure to perform any condition or covenant of this Lease shall entitle Lessor Agenda Item No. 16D17 July 28, 2009 Page 9 of 15 to terminate this Lease unless (1) such failure shall have continued for thirty (30) days after notice in writing requiring the performance of such condition or covenant shall have been given to Lessee: and (2) if such default is of such a nature that it cannot be remedied within this time, then, unless Lessee shall fail to cure such default within said period, an additional timeframe shall be reasonably granted to the Lessee in order to cure the default, provided that Lessee shall commence to cure the default within this period and thereafter shall diligently continue the curing of the default. However, the occurrence of any of the following events shall constitute a default by Lessee and this Lease may be immediately terminated by Lessor except to the extent then prohibited by law: (i) Falsification by Lessee or an agent of Lessee of any report required to be furnished to Lessor pursuant to the terms of this Lease. (ii) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. ARTICLE 10. TERMINATION AND SURRENDER 10.1 Unless otherwise mutually agreed by the parties, within thirty (30) days after termination of the Lease Term, Lessee agrees to redeliver possession of the Leased Land to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Leased Land to remove any equipment, buildings, suns and fixtures owned in, on or under the Leased Land occupied by the Lessee, provided, however, at the termination of this Lease Agreement, Lessor shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to require Lessee to retain said improvements on the Leased Land which improvements will become the property of the Lessor upon Lessee's vacation of the Leased Land. ARTICLE 11. GENERAL PROVISIONS 11.1 All of the provisions of the Lease shall be deemed as running with the Land and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 11.2 No failure by either Lessor or Lessee to insist upon the strict performance by the other of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Lease, but each and every covenant, condition, agreement and term of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach. 11.3 To the extent the proceeds and benefit of an insurance policy are not available to Lessor, Lessee shall indemnify and defend Lessor from, and hold Lessor harmless against, any claim, suit, liability, loss, damage, cost, and expense (including reasonable attorneys' fees) Lessor suffers or incurs in connection with loss of life, personal injury, or damage to property arising from the use or occupancy of the Premises by Lessee and its employees, agents, contractors, licensees, or invitees, but not to the extent caused by the negligence or willful misconduct of Lessor, its agents or employees. This indemnity shall survive the termination of this Lease. Lessor's liability is subject to the limits of sovereign immunity set forth in Section 768.28 of the Florida Statutes. 11.4 If Lessee shall engage in fund raising activities, Lessee will strictly comply with any and all laws and regulations applicable to fund raising activities and Lessor will not be responsible in any way for any fundraising activities or reimbursements. Agenda Item No. 16D17 July 28, 2009 Page 10 of 15 11.5 Time is declared to be of the essence of this Lease and of each provision. 11.6 This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease 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 Lease shall be binding or valid. 11.7 Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between Lessor and Lessee, and no provisions contained in this Lease, nor any acts of the parties shall be deemed to create any relationship between Lessor and Lessee, other than the relationship of Lessor and Lessee. Person or persons employed or volunteers of Lessee shall have no claim against Lessor as to pensions, worker's compensation, unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by the operation of law or by Lessor to its officers and employees. 11.8 This Lease shall be governed by and interpreted according to the laws of the State of Florida. 11.9 Articles, subsections and other captions contained in this Lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Lease or any portion thereof. 11.10 This Lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of both the Lessor and the Lessee. Notice to the Lessor shall be addressed to: Board of County Commissioners c/o Real Property Management 3301 Tamiami Trail East Building W Naples, Florida 33962 Notice to the Lessee shall be addressed to: Collier County Senior Resource Center, Inc. c/o The Community Foundation of Collier County 2400 North Tamiami Trail Suite 300 Naples, Florida 34103 or such other place as Lessee shall notify Lessor in writing during the term of this Lease. ARTICLE 12: RADON GAS 12.1 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 Agenda Item No. 16D17 July 28, 2009 Page 11 of 15 County Public Health unit. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year above first written. LESSOR: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Attest: By: Dwight E. Brock Donna Fiala, Chairman Clerk of Courts Date: Approved as to Form and Legal Sufficiency: County Attorney Date: Agenda Item No. 16D17 July 28, 2009 Page 12 of 15 LESSEE: Collier County Senior Resource Center, Inc. Witnesses: Date: Printed Name Printed Name STATE OF FLORIDA COUNTY OF Subscribed and sworn to before me by , as of Collier County Senior Resource Center, Inc. who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal this day of , 2009. Notary Public (affix notarial seal) Print Name: My Commission Expires: THIS INSTRUMENT PREPARED BY: KATHLEEN C. PASSIDOMO, ESQUIRE Kelly, Passidomo & Alba, LLP 2390 North Tamiami Trail, Suite 204 Naples, Florida 34103 (239) 261 -3453 EXHIBIT "A" A portion of Golden Gate Unit 4, Block 115 Section 21, Township 49, Range 26 12.54 acres Folio /Parcel Number; 36110040005 Property Address: 4715 Golden Gate Parkway as depicted on the attached drawing. 10 Agenda Item No. 16D17 July 28, 2009 Page 13 of 15 �MLo �=)7 " ° o .6 :�: I C N (9 n c� c Q � O 23RD AVE. SW I1I -------- ---- - - - - -- i 1 v v COLLIER COLT'TY GOLD) CATE LIBRARY GOLDEN GA Scale: 1" = 150' -0" i (iOYERN.MFNT (� Sr R VICE CFRTFR • �k . HR SL ST -1 i>!!O W EXISTIP'G FIRES FMS U I III I 11 I I III I Q I ,� II ,r I I III I W I ,1 I I III I = , II 1, I I III Ir I I I I LJ I Yr+EELS I III I � Q) I II II I 1 III II I I r r I III I I 11 i --------- - - - --1 I1I -------- ---- - - - - -- i 1 v v COLLIER COLT'TY GOLD) CATE LIBRARY GOLDEN GA Scale: 1" = 150' -0" i \#I rITE 17Y Ll wo, r Gt >1 J m W z 2 U) Z U U) 5 Ii- HATCH IN ICATES GROU LEASE AREA FO THE COLLIER COUNTY SENIOR RESOURCE CENTER COMMUNITY CENTER SITE PLAN (iOYERN.MFNT (� Sr R VICE CFRTFR • �k . HR SL ST -1 i>!!O EXISTIP'G FIRES FMS \#I rITE 17Y Ll wo, r Gt >1 J m W z 2 U) Z U U) 5 Ii- HATCH IN ICATES GROU LEASE AREA FO THE COLLIER COUNTY SENIOR RESOURCE CENTER COMMUNITY CENTER SITE PLAN Agenda Item No, 16D17 July 28, 2009 Page 15 of 15 County Public Health unit. IN WITNESS WHEREOF, the parties hereto have set their hands and seats on the day and year above first written. Attest: Dwight E. Brock Clerk of Courts Approved as to Form and Legal efficiency: County Attorney Date: LESSOR: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Date: (0 Iq Patricia L. Morgan From: bodinejudi [JudiBodine@colliergov.net] Sent: Monday, July 27, 2009 4:13 PM To: Henning, Tom, Coyle, Fred Cc: Patricia L. Morgan; Filson, Sue Subject: FW: Resolution: Ground Lease w/ CC Senior Resource... Attachments: cpAttachment.TIF Resolution attached for your information and reference. From: GreeneColleen Sent: Monday, July 27, 2009 3:40 PM To: bodinejudi Cc: brook m Subject: FW: Resolution: Ground [-ease w/ CC Senior Resource Hi Judy and Mary Jo, Agenda Item 16D17, regarding the Ground Lease with the Senior Resource Center, needs a resolution as part of the approval. Will you please add the attached resolution to the add/change for tomorrow's agenda? Or please advise the best way to get this resolution approved in conjunction with item 16D17. Thank you! Colleen M. Greene Assistant County Attorney (239) 252-8400 Fax (239) 252-6300 From: MartinsonKathy Sent: Monday, July 27, 2009 3:32 PM To: GreeneColleen Subject: Resolution: Ground Lease w/ CC Senior Resource... t f kathymartinson@colliergov.net *0 1 q � (Z8 (c) s -*I0`7 -((LEO RESOLUTION NO. 2009- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A REQUEST FOR A GROUND LEASE WITH COLLIER COUNTY SENIOR RESOURCE CENTER, INC., TO ALLOW THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A SENIOR RESOURCE CENTER BUILDING LOCATED AT 4715 GOLDEN GATE PARKWAY, COLLIER COUNTY, FLORIDA. WHEREAS, the Collier County Senior Resource Center, Inc., a not - for - profit Florida corporation ( "CCSRC ") petitioned the Collier County Board of Commissioners (the `Board') to enter into ground lease for that property located at 4715 Golden Gate Parkway, Collier County, Florida, to construct, maintain, and operate a building to be used in the public interest as a senior resource center; and WHEREAS, the Board, at its July 28, 2009, Regular Meeting determined that the property that is the subject of the ground lease is not otherwise needed for County purposes and that the intended use of the property by CCSRC would promote the welfare of the public and advance the interests of the community; and WHEREAS, the Board has determined that the term of the ground lease shall be for a period of thirty (30) years with the opportunity for CCSRC to renew for four (4) additional fifteen (15) year periods, all at the annual rate of $100; and WHEREAS, section 125.38, Florida Statutes, requires the Board to memorialize its decision to lease County property to applicants such as CCSRC through a resolution passed by the Board. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: L The property located at 4715 Golden Gate Parkway, Collier County, Florida, comprises a parcel appropriate for use as a community senior resource center, as more fully described in the Ground Lease Agreement, incorporated herein by reference and that the property is not otherwise needed for a County purpose. 2. The term of the Ground Lease for the agreement shall be for a period of thirty (30) years with the opportunity for CCSRC to renew the lease for four (4) additional fifteen (15) year periods, a]1 at the annual rate of $100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 28th day of July, 2009, ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERIC Approved as to form and legal sufficiency: olleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 DONNA FIALA, CHAIRMAN -110 (q r7I2slo9