Backup Documents 01/27/2009 Item #16D 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160 1
. TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO .
. TEE BOARD OF COUNTY COMl\1JSSIONERS OFFICE FOR SIGNATURE
Prim CD pinl:: paper. AttIdI to original d~~r Original d~m~'1 sluluJd be baad doJivered '" <lie B08l11 Ollie=.. Th>compJetcdroulillg slip and original
d~~.. are to be fucwamcd to <lie Board Otli.a: only!!!E tbo Boom has Olb:u.aclioa.OI1 <lie i-.) .
'. '. ROUTING SLIP . .. -
...O>mplco: Rl1IliDg lines 'llllrcugh 114 as ~ tbr addiliaW.ligna=, dal=, and/or iDfozmatiOll needed.. If <lie ~~;.is m:.dy complco: wilh <lie
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-5. Sue FIlson, Executive Manager Board of County Commissioners . .
6. Minutes and Records Clerk of Court:' S Office -
PRIMARY CONTACT INFORMA nON
(The primary -- is tII. bolder of <lie origillal dc<:umcl, p.....,g Bee approval NonimJIy <lie primary COlll:ICt is <b. p....o. wllo ~ tbo """"'avo
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Name of Primary Stsff
Contact
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark '"N/A" in the Not Applicable column. whichever is
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Coon Attorn's Oflice has reviewed the "'" if a Iiahle..
Yes N1A(Not
(Initial) licable)
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I: FonmI County _ Bce _ Original Docu=ls Rowmg Slip WWS Origia>l9.03.04. Revised 1.26.05. R.vi=l 2..24.Q5
MEMORANDUM
Date:
January 28, 2009
To:
Michael Dowling, Property Management Specialist
Real Estate Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Parking License Agreement
Attached for your records is one (1) original document, referenced above
(Agenda Item #16Dl) approved by the Board of County Commissioners
on Tuesday, January 27, 2009.
Please forward for additional signatures and return a fully executed
original back to the Minutes & Records Department.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments
16Dl
16111
PARKING LICENSE AGREEMENT
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THIS LICENSE AGREEMENT ("Agreement"), made and entered into this _ day of ~d '
2009, by and between Vanderbilt Real Estate Holdinqs. L TO whose address or principal place
of business is 15 South 5th Street #900, Minneapolis, Minnesota 55402 hereinafter referred to as
"Licensor", and Collier County 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 1 of 4
16D 1
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 written 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
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16Dl
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: I. ..2 7 0 '7
LICENSEE:
Allest
DWI . . rEn~~OCK, Clerk
B : f<{k
:' epqty 'ClerK:) : . ~
~est: .",~'ta.1"'" ,
'lon.t.... o.lit. .
"(.} ~
<' l
Board of County Commissioners,
Collier County Florida
tp ,,~
d~
By:
DONNA FIALA, CHAIRMAN
Approved a to form and legal sufficiency:
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Page 3 of 4
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l6Dl
Exhibit" A"
"Licensed Premises"
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VANDERBILT BCH C'ENTERBLK CLOT 1
PARCEL", "9121600006
Oll.-V'RFS
Page 4 of 4
139 Vmulplbilt Bpadl Road
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