Agenda 06/09/2020 Item #16D 4 (Parking License Agreement w/District School Board)06/09/2020
EXECUTIVE SUMMARY
Recommendation to approve a Parking License Agreement with The District School Board of
Collier County, Florida, for shared parking at Vineyards Elementary School.
OBJECTIVE: To approve a Parking License Agreement with The District School Board of Collier
County, Florida (District) to allow the County to continue the shared use of a parking lot adjacent to the
playing fields at Vineyards Community Park.
CONSIDERATIONS: The County entered into an agreement in 2000 with The District, for the
development and shared cost of a parking lot that is adjacent to the playing fields at Vineyards
Community Park. The current agreement expires on June 12, 2020.
At this time, both the District and the County wish to continue the shared use of the parking area. The
Parking License Agreement (License) being submitted to the Board of County Commissioners (Board)
provides for a ten (10) year term with a provision for either party to terminate at any time by providing
thirty-days written notice to the other party. There shall be no rent consideration, but both parties shall
equally share the cost for any improvements or maintenance of the parking area. Both parties shall
maintain insurance limits as set by Florida law.
To avoid any potential conflicts with use, the County will be required to provide advanced written notice
to the District of any special activities, events, or programs that may require extraordinary parking
requirements.
FISCAL IMPACT: If any shared costs should arise, those costs shall be withdrawn from the
Unincorporated General Fund (111) Vineyards Community Park (156390).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: To approve the Parking License Agreement with The District School Board of
Collier County, Florida, and authorizes the Chairman to execute the document.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Real Estate Services, Facilities
Management Department
ATTACHMENT(S)
1. Vineyards Elementary Parking 2020 (PDF)
2. Former Agreement (PDF)
16.D.4
Packet Pg. 1094
06/09/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Doc ID: 12408
Item Summary: Recommendation to approve a Parking License Agreement with The District
School Board of Collier County, Florida, for shared parking at Vineyards Elementary School.
Meeting Date: 06/09/2020
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
05/18/2020 12:39 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
05/18/2020 12:39 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/18/2020 12:47 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 05/18/2020 1:13 PM
Facilities Management Toni Mott Additional Reviewer Completed 05/18/2020 3:51 PM
Facilities Management Damon Grant Director - Facilities Completed 05/18/2020 4:23 PM
Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 05/18/2020 5:54 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 05/19/2020 11:49 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 05/19/2020 3:01 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/19/2020 4:17 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/23/2020 10:46 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/26/2020 8:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/27/2020 2:32 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/01/2020 9:57 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/01/2020 12:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/09/2020 9:00 AM
16.D.4
Packet Pg. 1095
PARKING LICENSE AGR.Ef,Mf, NT
(Vineyards Elementary School)
THIS PARKING LICf,NSE AGREEMENT ("Agreement") made this _ day of
Jrne, 2020, between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COLINTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COLTNTY (the
"County"), and THE DISTRICT SCHOOL BOARD OF COLLIER COLJNTY,
FLORIDA (the "District").
RECITALS
WHf,REAS, the County and the District previously entered into that certain Agreement,
dated June 13, 2000, allowing the County to complete construction of a parking lot for joint use
on a portion of property owned by the District, as Parcel No. 807081 85001, located at 6225 Arbor
Boulevard, Naples, Florida 34119, and commonly known as the Vineyards Elementary School
site (the "Agreement");
WHER-EAS, the Agreement allowing for joint use of the parking lot, as more
particularly described in Exhibit "A" attached hereto and made a part hereof (the "Parking Lot")
is set to expire on June 12, 2020:
WHEREAS, the parties desire to continue the joint use of the Parking Lot, for the sole
purpose of providing public access and parking to the adjacent Vineyards Community Park, in
accordance with this Parking License Agreement.
NOW, THEREFORE, in the consideration of the grant and agreement herein made and
in consideration of Ten and 00/ I 00 Dollars ( 10.00), each to the other paid, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
l. Grant of License, The District hereby grants permission to the County to access and use
the Parking Lot when school is not in session and at such times, that the parking areas are not in
16.D.4.a
Packet Pg. 1096 Attachment: Vineyards Elementary Parking 2020 (12408 : Parking License Agreement Vineyards Elementary School)
use (for school operations, events, prograrns, services or other purposes) by the District. Under
all circumstances, the District shall have first priority over the Parking Lot.
2. Use of Parkins Lot. 'l'he Coun ty shall use the Parking Lot for the sole purpose of
providing public access and parking to the adjacent Vineyards Community Park. To avoid any
potential conflicts of use, the County shall provide written notice to the District two weeks
prior to any special activities, programs or events that may require extraordinary parking needs.
3. Reoair & Maintenance. The District, after coordination with the County, shall repair
and maintain the Parking Lot on its property in good order for its intended use. Repair and
maintenance shall include, but not be limited to, such items as irrigation, landscaping,
drainage, Parking Lot and driveway pavement, patching, sealing, striping and lighting. The
cost of all repair and maintenance of the Parking Lot and driveway areas shall be shared
equally between the District and the County.
4. Countv Resoonsibilities, The County shall repair and remedy any damage which the
County, its agents, employeesj guests, or invitees may cause to the Parking Lot by negligence
or misuse. The County shall also clean the Parking Lot area if its use results in any excessive
debris or trash.
5. Indemnilication. To the extent permitted by Florida Law, the County shall defend,
indemnifu and hold the District harmless from any and all claims, damage, costs, actions,
liabilities, losses and attomeys' fees arising out of any injuries or damages sustained by the
agents, employees, guests or invitees of the County arising from the County's use of the
Parking Lot, except where such damages are occasioned by the negligent, willful or intentional
acts or omissions ofthe District, its agents, employees, guests or invitees. With respect to the
County, the foregoing indemnification shall not constitute a waiver of sovereign immunity
beyond the limits set forth in the Florida Statutes, Section 768.28. Neither party shall be
responsible for any incident arising from the sole negligence ofthe other.
16.D.4.a
Packet Pg. 1097 Attachment: Vineyards Elementary Parking 2020 (12408 : Parking License Agreement Vineyards Elementary School)
6. Insurance. The District and the County shall maintain insurance coverage in the
minimum amounts and types as required by Florida law. The District and the County agree
that either party may be self-insured on the condition that all self-insurance(s) musl comply
with all Florida laws and regulations.
7. Assignment. The ri ghts granted to the County in accordance with this Parking License
Agreement shall not be transferred, conveyed, assigned or subleased to any other party.
8. Term. The term of this Parking License Agreement shall be for a period of ten ( I 0)
years, commencing on June 13,2020 and terminating on June 12, 2030. Either party may
terminate this Parking License Agreement for any reason, upon providing thirty (30) days
written notice to the other party.
9. Adiustment. Modifications & Reconfisurations. The District shall have the right, in
its sole and complete discretion, to adjust, modifu and re-configure the Parking Lot and
driveways located on its property.
10. Miscellaneous, This Parking License Agreement shall be governed by the laws ofthe
State of Florida. This Parking License Agreement replaces the previous Agreement in its
entirety and contains the entire understanding between the parties, and any modifications shall
be mutually agreed to in writing by the District and the County.
IRemainder of Page Intentionally Left Blank]
16.D.4.a
Packet Pg. 1098 Attachment: Vineyards Elementary Parking 2020 (12408 : Parking License Agreement Vineyards Elementary School)
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above
written. Signed and acknowledged in the presence ot
ATTEST:
Crystal K. Kinzel, Clerk
By:By,
. Deputy Clerk
Approved as to lbrm and legalitl
Jennif'er B. Belpedio, Assistant County Attorney
By:
Attest:
Dr. Kamela Patton. Superintendent
Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
Burt L. Saunders, Chairman
7,J
'"for"
.I'IIE SCHOOL DISTRICT OF COLLIER
COT.]NTY. FLORIDA
Stephanie Lucarelli, Chair
.lon Fishbane, District General Counsel
16.D.4.a
Packet Pg. 1099 Attachment: Vineyards Elementary Parking 2020 (12408 : Parking License Agreement Vineyards Elementary School)
Vineyards Elementary School
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16.D.4.a
Packet Pg. 1100 Attachment: Vineyards Elementary Parking 2020 (12408 : Parking License Agreement Vineyards Elementary School)
16.D.4.bPacket Pg. 1101Attachment: Former Agreement (12408 : Parking License Agreement Vineyards Elementary School)
16.D.4.bPacket Pg. 1102Attachment: Former Agreement (12408 : Parking License Agreement Vineyards Elementary School)
16.D.4.bPacket Pg. 1103Attachment: Former Agreement (12408 : Parking License Agreement Vineyards Elementary School)
16.D.4.bPacket Pg. 1104Attachment: Former Agreement (12408 : Parking License Agreement Vineyards Elementary School)
16.D.4.bPacket Pg. 1105Attachment: Former Agreement (12408 : Parking License Agreement Vineyards Elementary School)
16.D.4.bPacket Pg. 1106Attachment: Former Agreement (12408 : Parking License Agreement Vineyards Elementary School)