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Agenda 02/12/2008 Item #16D23 Agenda Item No. 16023 February 12, 2008 Page 1 of4 EXECUTIVE SUMMARY Recommendation to approve a proposed lease modification between the Board of County Commissioners and the Children's Museum of Naples, Inc. Obiective: To provide additional educational and recreational experience opportunities at North Collier Regional Park through a public/private partnership. Considerations: The Children's Museum of Naples, Inc. is a private, non-profit institution founded May 2002 with the mission of providing an environment in which children and their families play and learn together. The Children's Museum of Naples, Inc. has established a partnership with the Collier County Board of County Commissioners in which the museum leases two acres, located at North Collier Regional Park for $10 annually and will construct a 20,000-square-foot building. The Children's Museum of Naples, Inc has agreed to maintain the building once constructed and provide funding for infrastructure costs associated with the two-acre site. The Children's Museum of Naples, Inc. has requested an extension for the completion of construction from December 2008 to December 31, 20 I 0 to allow for additional fund raising to occur for the construction costs. The Parks and Recreation Advisory Board unanimously approved this partnership in concept on September 17,2003, Lel!31 Consideration: The proposed lease modification agreement was reviewed by the Office of the County Attorney and approved for legal sufficiency. Fiscal Impact: No fiscal impact is associated with this action. Growth Manaaement Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners approve the proposed lease modification for the Children's Museum of Naples Inc, Submitted bY: I10nka E. Washburn, Operations Manager, Parks and Recreation Department. Agenda Item No. 16023 February 12, 2008 Page 2 of4 LEASE MODIFICATION AGREEMENT THIS LEASE MODIFICATION AGREEMENT ("Lease Modification") is made as of February _, 2008 ("Effective Date"), by and between COLLIER COUNTY, a political subdivision of the State of Florida ("Lessor"), whose address is 3301 East Tamiami Trail, Naples, Florida 34112, and the CHILDREN'S MUSEUM OF NAPLES, INe. ("Lessee"), whose mailing address is P.O. Box 2423, Naples, Florida 34106, to modify that certain Lease Agreement dated December 16, 2003 ("Lease") between Lessor and Lessee, for the premises described therein ("Demised Premises"). NOW THEREFORE, in consideration ofthe mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Lessor and Lessee, Lessor and Lessee agree to modify the Lease as follows: 1. Article 2, Paragraph (C) is deleted in its entirety and replaced with the following: Lessee agrees to complete the proposed Facility on or before December 31, 2010. Lessee shall be responsible for providing Lessor with a copy of the Certificate of Occupancy issued by Collier County for the Facility. 2. Article 2, Paragraph (D) is deleted in its entirety and replaced with the following: If a Certificate of Occupancy for the Facility has not been issued on or before December 31, 2010, then Lessor shall have the option, upon sixty (60) days' written notice to Lessee, to terminate the Lease at any time after December 31, 2010, but before a Certificate of Occupancy for the Facility is issued. If Lessor exercises its right to terminate under this paragraph, then Lessor can take possession of the improvements on the Demised Premises without compensating Lessee in any way. Upon issuance of a Certificate of Occupancy, Lessor shall have no further right to terminate the Lease for nonperformance of the required construction. 3. Lessor acknowledges payment in full of the amount due under Article 4(A). 4. Lessor acknowledges receipt and approval of the construction plans and related improvements for the Facility as required by Article 5, Paragraph (2). 5. Article 5, Paragraph 3, is deleted in its entirety. The terms of this Lease Modification Agreement form a part of the Lease and shall control and take precedence over any and all terms, provisions and conditions of the Lease which might vary, contradict or otherwise be inconsistent with the terms and conditions hereof. All of the other Lease Modification Agreement Page 1 00 Agenda Item No. 16023 February 12. 2008 Page 3 of 4 terms, provisions and conditions of the Lease, except as expressly amended and modified by this Lease Modification, shall remain unchanged and are hereby ratified and confirmed and shall remain in full force and effect. This Lease Modification may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures by facsimile transmission of this Lease Modification shall be acceptable and binding upon both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of the Effective Date. AS TO LESSEE: WITNESSES: CHILDREN'S MUSEUM OF NAPLES, INC. a Florida non-pro !'POration < FIRST WITNESS (signature) By: (print/type name) SECOND WITNESS (signature) (print/type name) AS TO LESSOR: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FWRIDA DWIGHT E. BROCK, Clerk By: By: Deputy Clerk Jim ~6Ie~,J:;IlfI,!~'fflfIIL Tom Henning, Chairman Approved as to form and legal sufficiency: ~r~ ("'Tho C. P er Assistant County Attorney f:\wpdocs\JlEIUIII~MIlIluIDIl.-ModifieaiopAsr-,doc Laue ModiflCBtion Agreement Page 2 of2 Page I of I Agenda Item No. 16023 February 12,2008 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D23 Meeting Date: Recommendation to approve a proposed lease modification between the Board of County Commissioners and the Childrens Museum of Naples, Inc. 2/12/2008 9:00:00 AM Prepared By Ilonka Washburn Parks Operations Manager Date Public Services Parks and Recreation 112512008 8:48:07 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 11291200812:01 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1129120082:23 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1130120089:19 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 214120083:26 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/512008 8:08 PM Commissioners file://C:\AgendaTest\Export\1 00-February%20 12,%202008\ 16.%20CONSENT%20AGEND... 2/6/2008