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Resolution 2010-167A RESOLUTION NO. 2010 - ....1.6JA A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACCEPTING THE IMPROVEMENTS BUILT BY THE MARCO ISLAND HISTORICAL SOCIETY WHICH NOW COMPRISE THE MARCO ISLAND MUSEUM COMPLEX, INCLUDING THE ROSE HISTORY AUDITORIUM, AND LEASING THE ROSE HISTORY AUDITORIUM BACK TO THE MARCO ISLAND HISTORICAL SOCIETY. WHEREAS, the parties entered into a License Agreement dated the 13th day of May, 2003, as amended on July 25, 2006, which authorized the MIHS to raise funds for the purpose of constructing an historical museum (hereinafter "the Museum") for public use on County property described as Tract D, Marco Beach Unit 7 alkla 180 South Heathwood Drive, Marco Island, Florida 34145, at the expense of the MIHS to be owned and operated by the County as part of the Collier County Museum system; and WHEREAS, MIHS has completed that construction and fulfilled all of its obligations under said License Agreement to the satisfaction of the County; and WHEREAS, one of the improvements which MIHS funded and constructed is the Rose History Auditorium. In raising private and public funds from local organizations, individuals, etc., and as part of said fundraising, it was understood that this building would be used in part as a community center, used by MIHS for its own functions and also leased for private events; and WHEREAS, Florida Statutes Section 125.38 provides that if a corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare, should desire any real or personal property that may be owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then such corporation or organization may apply to the board of county commissioners for a conveyance or lease of such property, and that such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon conveyor lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of sueh property; and WHEREAS, MIHS, a duly organizcd not-for-profit corporation, has applied to the Board of County Commissioners for a Lease of the Rose History Auditorium, which the Board has determined is not presently needed for County purposes; and WHEREAS, it is the Board's finding that it is in the public interest to lease the Rose History Auditorium to MIHS on the terms and conditions set forth in the attached Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The County hereby accepts all of the aforesaid improvements made by MIHS to Traet D, Marco Beaeh Unit 7 alkla 180 South Heathwood Drive, Marco Island, Florida 34145, including all structures and the grounds, and the Marco Island Historieal Museum is accepted as part of the Collier County Museum System, 2. The Board hereby leases the Rose History Auditorium to MIHS in aecordance with the terms and conditions of the attached Lease Agreement. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 14th day of September, 2010, By:_Q.t4i,,~Q( . A'" ", " ~erk ,t..;...~",," ' '....--~. "',,' . . . ,'._.~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'ft.JL C,,) ("..<..~9~ FRED W, COYLE, CHAIRMAN ATTEST: , ,-(. DWIGHT, E. BROCK, Clerk Approved as to form and leg s le'en y: - .~---- latzkow ney Jeff A. Cou'ty At 2