Backup Documents 01/27/2026 Item #16B 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney 1/27/26
Attn. Sally A. Ashkar
2. BCC Office Board of County Commissioners
Jk Ott
3. Minutes and Records* Clerk of Court's Office
fpgfro
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of agreement to Sonja.Stephenson@colliercountyfl.gov
112n1?b PRIMARY CONTACT INFORMATION
�1' Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson/Rea roperty Phone Number 239-252-8073
Contact/ Depai talent Management
Agenda Date Item was 1/27/26 Agenda Item Number 16.B.5
Approved by the BCC
Type of Document Interlocal Agreement and Agreement Number of Original 2
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK SS
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed SS
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1-27-26,and all changes made during SS N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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EXHIBIT "
[TO BE EXECUTED AT CLOSINgl
INTERLOCAL AGREEMENT
FOR LEASE OF SPORTS FIELDS
(IMMOKALEEFJ
This lnterlocal Agreement For I.case of Sports Fields ("Lease"), is made by and between
COLLIER COUNTY,a political subdivision of the State of Honda("County..).and the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY. Florida, a public corporate body("School Board"),
pursuant to F.S. 1001.32. F.S. 1002.33, and Article IX. Section 4 of the Florida Constitution, the
County and the School Board shall be referred to herein collectively as"the Parties."
WHEREAS, the County currently retains title to 22.6 Acres of real property located in
Inunokalee, Florida(the "Property")and is adjacent to the School Board's Immokalee High School.
The Property is currently used by both the County and the School Board and includes two(2)softball
fields; one(1) baseball field; and a scorekeeper building with a concession stand(the"Facilities")as
more fully described in the attached Collier County Property Appraiser's aerial as Exhibit"A" and
incorporated herein("Immokalee Baseball Fields");and
WHEREAS, on January 25, 2022, the Collier County Board of County Commissioners
dedicated the referenced baseball field to the memory of Steven J.Dodson.a Collier County Sheriffs
Sergeant who was killed in the line of duty. Sergeant Dodson umpired for over 22 years in Little
League. high school, collegiate, semi-professional, baseball games visiting over 20 Major League
Baseball stadiums; and
Inierlar�l Tor I tic oI Sports'Acids 1
Colhcrt.'il ms II erCount) Schuol Mulct
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WHEREAS, the governing bodies of the School Board and the County arc mutually
interested in community recreation programs: and
WHEREAS, to provide greater access to community programs for the County and the
lmmokalee High School students, the Parties desire to provide for the continued joint use of the
Property and Facilities; and
WHEREAS, both parties can benefit through the_joint use of these Facilities for recreational
and athletic purposes: and
WHEREAS,Section 163.01.Florida Statutes,the Florida Interlocal Cooperation Act of 1960,
authorizes any political subdivision of the State of Honda to exercise jointly with any other political
subdivision of the State of Florida.any power.privilege,or authority which said political subdivision
share in common and may exercise separately:and
WHEREAS,the acquisition,ownership,custody,operation.maintenance,lease or sale of real
property are all permitted purposes of an interlocal Agreement under the Florida Interlocal
Cooperation Act of 1969; and
WHEREAS, political subdivisions may provide for the manner of allocating any liabilities
that may be incurred through the performance of an Interlocal Agreement; and
WHEREAS,Sections 1013.10 and 1013.101. Florida Statutes,provides greater public access
to school property with local government entities and provides residents of the community with more
easily accessible opportunities for physical :trait ity; and
WHEREAS,a cooperative effort between the School Board and the County will be utilized
without duplication of efforts and expenditures; and
WHEREAS, the School Board and the County wish to enter into this Lease, to set forth the
terms and conditions rcg,ardint2 the joint use and maintenance of the Property and Facilities: and
fnterfuctal fin I Se t>VSporlti fltltf,
Cufftcr t ounr t •:'trr t..,unt} .Seb oI District
WHEREAS,the School Board and the County desire that this Lease shall supersede any and
all previous agreements that were entered into regarding joint use. maintenance, and improvements,
WHEREAS, this Lease sets lbrth the terms and conditions of joint use, maintenance and
improvements,
WHEREAS,on May 22, 2018, the School Board and the County entered into an Interlocal
Lease Agreement. In accordance with such the Parties agree to replace and supersede the May 22,
2018 Interlocal Lease Agreement in its entirety and replace it upon execution of this Lease.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements set
forth in this Lease,and for other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged by the Parties, the Parties agree as follows:
SECTION 1. RECITALS
The above "Whereas" clauses shall be incorporated into this Lease and are evidence of the intent of
the Parties entering into this Lease.
SECTION 2. DEFINITIONS
2.1 After School Programs-Programs on School Board property that occur during School flours
or after School I lours ending no later than 5:30 p.m.
2.2 After School Program Hours - Programs on School Board property that end no later than
5:30 p.m.
2.3 Business Day - Any day that the School Board and the County are open for business with the
public.
2.4 County Regulations - Adopted rules, regulations, resolutions, and ordinances governing the
use of County Facilities.
2.5 Facilities -- Those structures and items as more fully identified in the attached Exhibit "tc'
specified in the equipment. with exception of the parking lot on Roberts Avenue and second
floor of the concession stand \\hich is to be used solely by County for storage. The parking
lot on Roberts Avenue shall he divided to comply with I.IX' requirements.
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Co leer(omit!, Collier(kUfit\ Srltool htslri�l
2. Noo-School Days - Any days that schools are not in session as indicated on the adopted
Instructional Calendar for the current academic period for Collier County.
2.7 Nou-School Hours - On School Days, Non-School Hours shall he thirty minutes after the
conclusion of all After School Programs as noted in Section 2.1 and 2.2 above respectively
until 11:00 p.m. and on Non-School Days. the hours shall be 8:00 a.m. through I I:00 p.m.
2.8 School Board Policies - Adopted School Board policies, rules and regulations governing the
use of School Board l :i;_i 1 ities.
2.9 School Days - Any days that schools are in session as indicated on the adopted Instructional
Calendar for the current academic period for Collier County.
2.10 School Hours - Thirty (30) minutes prior to and after the adopted bell times on School Days
are set forth in the adopted Instructional Calendar. Facilities usage, however, will occur in
conformity with 2.7 above.
2.11 Use Schedule- The schedule of use for lmmokalee Baseball Fields.
SECTION 3. TRANSFER OF PROPERTY TO SCHOOL AND CONVEYANCE OF LEASE
INTEREST BACK TO COUNTY
3.1 The County shall transfer ownership of the Property to the School Board in accordance with
the Agreement. subject to the terms and conditions of this Lease. Prior to the transfer, the
Parties shall cooperate in conducting a joint inspection of the Property. Such inspection may
include surveying, environmental or as may be mutually agreed by the Parties. The County
agrees to provide and document any encumbrances or environmental conditions associated
with the Property within 30 days of the Effective Date of this Agreement. The School Board's
acceptance of the transfer of ownership of the Property shall be subject to verification that
there are no unacceptable encumbrances or environmental conditions in accordance with
paragraph 3 of the Agreement.
3.2 On the terms and conditions set forth in this Lease,the School Board hereby conveys to
the County the present possessory lease rights in the Property and Facilities. The demised
property is described in Exhibit "B"
SECTION 4. TERM
4.1 The Parties agree to share use of the Property and Facilities for an initial term of ninety-nine
(99) calendar years(the "'term"), effective with and commencing upon the execution of this
Lease by both parties("Effective Date").
Interim&for i tse of Spurts hells 4
Collier t.'ouul} t'oiher Count.School District
I 6s,,µ
4.2 The Parties recognize that they are providing the necessary Facilities under the terms of this
Lease arid that they may desire to extend or renegotiate this Lease upon its expiration. Upon
expiration of the initial ninety-nine (99)year term, this Lease may be renewed for up to four
(4) additional five (5) year terms. for a total of twenty (20) additional years, upon mutual
written agreement of the parties at the end of each five-year term. Each renewal shall be
subject to the same approvals required for the original term.
4.3 Every five (5)years during the Term. the Superintendent of the Collier County Public School
District. or designee, and the Collier County Manager, or designee, shall meet to review the
terms of this Lease and determine whether any modifications are necessary to reflect current
conditions or operational needs.
4.4 To initiate this process.the Superintendent's office or County Nlanagcr office shall notify the
other party in writing no later than ninety (90)days prior to each five-year anniversary of the
Effective Date to schedule the review meeting. Any proposed modifications shall be made
only by written amendment approved and executed by both parties. If the Parties agree to
proposed changes or amendments, it shall be executed with the same formality as this
document. Except as otherwise provided herein, this Lease shall only be amended by formal
action of both the School Board and the County.
SECTION 5. USE OF FACILITIES AND NAMING OF BASEBALL FIELD
5.1 Facility Use
5.1.1 During School Hours, After School Program Hours, the Property and Facilities shall
only be used by the School Board, in accordance with School Board Policies. During this
period, perimeter fence gates to Facilities will be locked. Locks and keys shall be installed
only on the perimeter gates. Panic hardware shall be installed on all applicable egress gates.
All keys issued shall be special 6-pin keys. In the event a key is lost,the Collier County Public
Schools Immokalee Maintenance crew shall be responsible for issuing replacements and
rekeying if necessary.
5.1.2 During Non-School Hours, the Facilities will be open for use by the County, in
accordance with the terms of this Lease and any additional rules and regulations promulgated
by the County. The School Board may use the Facilities during Non-School Hours,as required
for the school, for previously scheduled school events as provided for in the Use Schedule or
when the Facilities are not in use by the County, subject to 5.2.1 below. During this period.
the Facilities perimeter fence gates will be locked.
5.1.3 The Parties agree that this baseball field at the Immokalee Baseball Fields will always
be known as the "Steven J. Dodson Memorial Baseball Field".
5.2. Use Schedule
I ictlowal for I r.e of Sport,Fields 5
t tIIier l omit) i Allier C=punt} School U55lnct
5.2.1 Prior to the start of the school year. the Parties shall establish and maintain a Use
Schedule for the sports fields. The I`se Schedule for baseball fields shall be completed and
maintained using the School Board', existing scheduling procedures In the event of a rainout
or other weather-related cancellation either party may request to reschedule a game by
providing notice to the other party of the anticipated make-up date and time. All scheduling
is subject to field availability and mutual consent. The School Superintendent and the County
Manager and/or designees shall further refine the procedures for scheduling the use as deemed
necessary. The Use Schedule shall maintain that the School Board shall have priority use of
Immokalee Baseball Fields during regular School flours including, but not limited to. After
School Programs, school athletic practice and competitions, special school-related events or
programs at times other than regular school hours, provided that such special events are
scheduled in writing to the County at least 10-15 Days in advance. The County shall have the
right to use the Facilities after regular School Hours, and other scheduled school programs
and events. Monday through Priday until 11:00 p.m. and on weekends. Saturday and Sunday
and also days when school is not in session including holidays school breaks. and summer
recess periods between the hours of 6:00 a.m. until 11:00 p.m. Use is restricted to recreational
activities as scheduled by the County. The County is responsible for providing any and all
sports equipment and other equipment required by after-hour users. Dates and times that
Facilities is needed during after school hours will be provided at the beginning of the academic
year.
5,2.2 The School Board will be responsible for coordinating a schedule for routine
maintenance of the Facilities in conjunction with the County and in accordance with section
6 of this Lease.
5.2.3 Evening Scheduling and Right of First Refusal:The County shall manage all scheduling
for activities occurring after 5:30 p.m. on School Days and Non-School Days ("Evening
Hours"). The School Board may submit requests for use of the fields during Evening Hours,
including requests from coaches affiliated with the Collier County Public Schools,provided
that such requests are submitted at least seventy-two (72) hours in advance of the proposed
use. The County will make reasonable efforts to accommodate such requests when scheduling
permits,
5,3 Alcohol,Nicotine and Drugs
No alcoholic beverages, nicotine containing products and drugs may be possessed. sold or
consumed at any time on the Property.
5.4 Rules and Regulations
Except as otherwise provided in this Lease the School Board and County agree that the School
Board's Policies applicable to use and maintenance of School Board property shall apply to
the County's use. The party using the Property and Facilities shall be responsible for
adherence and enforcement of the respective policies,rules and regulations.
InIAtnal}iir(4e of Sports Fields 6
(ollur i tnmts (.'her t ount) School Ih,tncl
16B5
5.5 Restrictions of Use
The Parties agree that there ,n; he times when the use of the Property and Facilities will be
restricted due to security concerns, manmade and natural disasters,or force majeure.
5.6. Little League Use
The current agreement with the Immokalee Little League. Inc. is scheduled to expire in August
2026. During any construction period that impacts access to or use of the Facilities,the Little
League shall operate from an alternative facility. The County shall coordinate with the Little
League and negotiate the terms of such alternative use when the current agreement expires.
Upon expiration of the current agreement, the School Board agrees to cooperate with the
County in accommodating the Little League's continued use of the Facilities.
5.7. Right of Reversion
In the event that the District fails to use the Property as sports fields, or otherwise fails to use
the Property in accordance with the terms of the Lease, or attempts to sell, transfer, assign, or
otherwise dispose of the Property in any manner, the title to the Property shall automatically
revert to the County.and all rights, titles.and interests of the District shall terminate. ilpon the
reversion of the Property to the County, this Agreement and the Lease between the parties
related to the Property shall become null and void, and of no further force and effect. Such
reversion clause shall also he reflected in the Special Warranty Deed.
SECTION 6. MAINTENANCE
6.1 Maintenance Standards
6.1.1 That portion of the Property that contains the one baseball field,two softball fields, will
he maintained by the School Board.The School Board shall maintain the area inside the fence,
the fence itself, and gates that form the perimeter of the area, as illustrated in Exhibit "B."'
This includes but is not limited to mowing,edging,treatment for weeds and insects,fertilizing
and aerating, maintaining irrigation euuipment, maintaining and replacing fence poles, fence
fabric, bleachers, floodlights, ball field lights. and gates. The County shall maintain the
remaining Facilities that are located outside the perimeter fence as illustrated in Exhibit "B.".
The School Board will replace the synthetic turf when it is necessary. Each party is responsible
to clean up after their own events. The School Board shall he responsible for any event they
host. County will be responsible to clean up after their events. The School Board and County
shall have access to the Facilities at all times.
6.1.2 The parking lot on Roberts Avenue shall remain ungated to the School Board's portion.
Each Party shall he responsible for maintaining its respective designated portion of the parking
lot and adjacent site areas. This includes but is not limited to cleaning. debris removal.
lighting, landscaping. and pavement upkeep. All striping, resurfacing. and major repairs that
Interlocai Ii+r('se of`I ou,Melds 7
('ollter Count) Collier(bunt}School District
167,5
could impact joint access or require coordination with the other Party must be discussed in
advance. The Parties shall coordinate in good faith on the timing and scope of any such work
to avoid disruption of scheduled programs or activities.
6.1.3 HVAC County Storage Area:The County shall be solely responsible for the operation,
maintenance. and repair of the HVAC system that services the Coon! 's designated storage
area located on the second floor of the concession stand. The County shall ensure that the
HVAC system remains in good working order and shall he responsible for any associated
costs. including replacement, if necessary.
6.2 Improvements
6.2.1 The County may make improvements to the existing Facilities provided that such
improvements or additions are not in conflict with school use and are approved by the School
Board in writing and in accordance with the terms of this Lease. The County shall be solely
responsible for all costs associated with such improvements or additions. The School Board
shall have the right to review and approve, prior to construction.the plans.specifications,and
location of all equipment and improvements and such approval shall not be unreasonably
withheld.
6.2.2 The School Board may make improvements and install al.lilitional equipment to improve
the existing Facilities without the Countyfs approval provided the School Board provides the
County with ninety(90)calendar days' notice of the School Board's proposed improvement.
6.2.3 Prior to commencing any construction or physical improvements on the Facilities, the
School Board shall provide the County with no less than one(1)year's advance written notice.
This notice shall describe the nature, scope. and anticipated timeline of the proposed
construction activity.
6.2.4 The School Board shall make the following improvements to the baseball and softball
fields by the time frames outlined below. For purposes of this paragraph. the term "Fiscal
Year"shall mean the School Board's Fiscal Year:
Fiscal Year 2026:
• Baseball field Replace existing light fixtures with I,ED light fixtures.
• Softball field adjacent to baseball field - Replace existing lights with LED
lights.
Fiscal Year 2027:
• Baseball field - Convert to synthetic turf.
• Softball field adjacent to baseball field - Convert to synthetic turf.
• Softball field to the west of the softball field adjacent to baseball field-convert
to multi-purpose synthetic turf field. Replace existing lights with LED lights.
lmerloeal tor Ifs,:of Spurts 8
comer((own!, l uilter C'inuM School District
16B5
The Parties acknowledge and agree that the availability of funding is a condition precedent to
the completion of the foregoing improvements. Accordingly, the deadlines for completion
nay be extended lr. mutual written agreement of the Parties. however, the Count). in its sole
discretion,may decline to grant any requested extension, in which case the County shall notify
the School Board, and the Premises and Facilities shall revert to the County in accordance
with the provisions of this paragraph..
In the event that the School Board fails to complete the specified improvements within the
agreed timefran'tes, as may be extended by mutual agreement of the Parties,the Premises and
Facilities shall automatically revert to the County without further action required.
In the event that the School Board fails to use the Property as sports fields, or otherwise fails
to use the Property in accordance with the terms of the Lease, or attempts to sell, transfer,
assign, or otherwise dispose of the Property in any manlier. the title to the Property shall
automatically revert to the Count),and all rights. titles,and interests of the School Board shall
teuninate. Upon the reversion of the Propert to the County. this Agreement and the Lease
between the parties related to the Property shall become null and void.and of no further lbree
and effect. Such reversion clause shall also be reflected in the Special Warranty Deed.
In the evens of any reversion pursuant to this paragraph, the School Board shall promptly
execute and deliver any and all instruments, deeds, or other cons eyance documents required
to evidence or confirm the County's ownership of the Premises and Facilities. The School
Board shall return the Premises and Facilities in good condition, ordinary wear and tear
excepted, free and clear of any liens, encumbrances, or third-party claims. Any and all
improvements made by the School Board to the Premises and Facilities shall automatically
become the property of the County; however, the County shall pay to the School Board the
depreciated value of any such improvements, as determined by an independent, qualified
appraiser jointly selected by both parties. If the parties are unable to agree on a single
appraiser, each party shall select its own qualified appraiser and the depreciated value shall
be the average of the two appraisals.
SECTION 7. SUPERVISION
The County and the School Board shall provide adequate personnel to supervise activities on
Immokalee Baseball Fields during their respective times of use. The Parties are responsible during
their respective times of use for the protection and preservation of the Property and the Facilities.
SECTION 8. INSURANCE, LIABILITY, INDEMNIFICATION
8.1 Property Insurance
8.1.1 The School Board shall maintain property insurance for Immokalee Baseball Fields
acceptable to the County's Risk Management Department and shall provide evidence of such
insurance to the County.
fntcriacat tier t ce t,t Sport,1 t�idc 9
t uiltrr(aunt} (t,ihcr(ttuntt School District
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8.1.2 The County shall maintain property insurance for the remaining Park l•acilities
acceptable to the School Board and shall provide evidence of such insurance to the School
Board.
8.2 Indemnification
To the extent provided by law. each Party agrees to hold harmless. indemnify and defend the other
Party including its agents, officers. directors and employees for any and all claims, losses. penalties.
demands,judgments. costs of suits, including attorney's fees, for any expense, damage or liability
incurred,whether for personal injury,property damage.direct or consequential damages.or economic
loss arising directly or indirectly arising from or in connection with the use of the Property and
Facilities under the terms of this Lease.except for such damage or liability which is caused solely 1•�,
the negligence of the other Party. This indemnification shall not be deemed a waiver of any limitation
of liability to which either Party may be entitled under Florida Statutes.
SECTION 9. CONSIDERATION
The School Board shall not charge any fees to the County for the use of the Property and Facilities
and the['malty shall not charge any fees to the School Board for the use of the Property and Facilities.
The School Board shall be responsible for the cost of all related County development approvals
including but not limited to the Site Development Plan, related amendments, and permits.
SECTION 10. DEFAULT
10.1 Default
10.L1 Notice
If a party to this Lease(the Defaulting Party")fails to perform under this Lease or fails
to comply with the teems and conditions of this Lease (a "Default"). the other part)
hereto (the "Non-Defaulting Party") shall send written notice (the "Default Notice")
to the Defaulting Party. according to the notice requirements set forth in this Lease.
10.1.2 Opportunity to Cure
The Defaulting Party shall have a period of thirty (30) calendar days after receipt of
the Default Notice to either cure its Default or to provide a written response to the
Non-I)el;iulting Party indicating the status of the Defaulting Party's resolution of the
Default and a schedule to cure the Default.
10.1.3 Remedies
If,within thirty (30)calendar days after receipt of Default Notice,the Defaulting Party
fails to either cure its Default or to provide a written response to the Non-Defaulting
Interiucal tier Ilse of Sport.I-iddk 10
Collie!.(Hunt,'('alit r t'mint> School District
1 6 B5
Party indicating the status of the Defaulting Party's resolution of the Default and a
schedule for the curing of the Default. the Non-Defaulting Party may pursue any and
all remedies available under Florida law.
SECTION 11.ALTERNATIVE DISPUTE RESOLUTION
The Parties acknowledge that maintaining a cooperative working relationship serves the public
interest.The Parties should attempt to resolve any dispute arising under this I.ease through good faith
discussions between the Superintendent and the County Manager.or their respective designees. If the
dispute is not resolved within thirty(30) calendar days, the Parties may extend discussions by mutual
agreement or proceed to non-binding mediation. If mediation proves unsuccessful, then a party may
seek relief in court.
SECTION 12.NOTICES
All notices and communications shall he in writing and must either he hand delivered.sent by Federal
Express or a comparable overnight mail service. or mailed by I'.S. registered or certified mail return
receipt requested, postage prepaid. Notices should be sent to the following:
The School Board oft oilier County,c o the Office of the Superintendent.5775 Osceola Trail.Naples.
Florida 34109:
Collier County, c.o Board of County Commissioners for Collier County. County Manager. 3299
Tamiami Trail East,Naples, Florida. 34112.
Notice is effective upon delivery or refusal of delivery of notice. Any notice delivered after 5:00 p.m.
will be deemed to be delivered on the following Business Day. `I he addresses and addresses for
notice may be changed by giving notice. Until written notice of a change in address is delivered,the
last addressee and address stated in this Lease is in eife.ct for all purposes.
SECTION 13. MISCELLANEOUS
13.1 Assignability.
The Parties shall not assign any interest in this Lease without the prior written consent of the other
Party.
13.2 Amendment
This lease embodies the entire agreement between the Parties and may not be modified unley: in
writing.executed by both Parties.
13.3 Waiver
Interioc;d For t to:ut Sports Field, 1 1
Cullen(mint) (oilier Count School lli,lrtct
The failure of either party to this Lease to object to or to take affirmative action with respect to any
conduct of the other which is in violation of the terms of this Lease shall not he construed as a waiver
of the violation or breach, or of any future violation. breach. or wrongful conduct.
13.4 Assignment and No Third-Party Beneficiary
Any party to this Lease may not assign this Lease without the prior written approval of the other party.
This Lease is for the sole;benefit of the School Board and the County.and no right or cause of action
shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Lease.
13.5 Construction of the Lease
All parties to this Lease have substantially contributed to the drafting arid negotiation of this Lease,
and this Lease shall not.sole!) as a matter of judicial construction,be construed more severely against
one of the parties than any other. The parties hereto acknowledge that they have thoroughly read this
Lease, including all exhibits and attachments hereto, and have sought and received whatever
competent legal advice and counsel was necessary for them to form a full and complete understanding
of all rights and obligations herein.
13.6 Counterparts
This Lease may be signed in any number of counterparts,each of which constitutes the agreement of
the parties and each of which will be treated as an original.
13.7 Severability
If any provision of this Lease is held to be illegal, invalid, or unenforceable under present or future
laws, such provision shall he fully severable. This Lease shall be construed and enforced as if such
illegal or enforceable provision had never compromised a part of this Lease, and the remaining
provisions of this Lease shall remain in full force and effect.
13.8 Choice of Law
This Lease shall be interpreted in accordance with the laws of the State of Florida. It is recognized
that all Parties hereto have contributed substantially and materially to the negotiations and preparation
of this Lease, and that the Lease shall not be interpreted more harshly against one party by virtue of
its preparation.
13.9 Entire Agreement/Modification/Amendment
This writing contains the entire agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party, other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Lease, unless executed with the same formality as
this document.
InIcriocai far tIse c+FSporn I acids I7
Ct+Ilia I'ow!. t'c+llicr County unty tichuol District
16
13.10 Successors and Assigns
This Lease will inure to the benefit of and be binding upon the School Board and County and their
respective legal representatives, successors, and permitted assigns,
13.11 Personnel Badges
All County personnel shall be required to always wear a photograph identification badge while on the
Property during School Hours.
13.12 Background Screening
In accordance with the requirements of Sections 1012.465, 1012.467,and 1012.468 Florida Statutes,
and School Board Policy,as amended from time to time. the County agrees that all of its employees.
agents. contracts, and subcontractors who provide or may provide services under this Lease will
complete criminal history checks, and all background screening requirements, including level 2
screening requirements as outlined in the above-referenced Statutes and School Board Policies related
to screening prior to entering or providing services relating to the Property and Facilities.
13,13 Governing Law, Compliance with Laws,and Venue
'phis Lease will be interpreted and enforced in accordance with Florida law. The Parties agree that
they shall comply with all applicable federal, state, and local laws. ordinances and codes, including
but not limited to the Florida Building Code and the Americans with Disabilities Act. The venue for
any action brought hereunder shall be located exclusively in Collier County, Florida.
13.14 Legal Fees and Court Costs
In the event of any litigation between the parties under this Lease.each party shall be responsible for
its own attorney's fees and court costs through trials and appellate levels. The provisions of this
paragraph shall survive the expiration or early termination or cancellation of this Lease.
13.15 Personal Liability of Parties
The parties acknowledge that this Lease is entered into by two governmental entities. The parties
agree that no individual elected official, employee, or representative of any party to this Lease shall
have any personal liability under this Lease.
13.16 Section and Paragraph Headings
The captions and section numbers used in this Lease are for purposes of convenience and for reference
onlr and shall not be used to define, limit or extend the scope or meaning of any part of this Lease.
13.17 Force Majeure
Ailcrlucal ii+r I i,e of Spun.]told, 13
(Dieter(outtiti {c+II t r(uunh School r)tstrict
16B5
Non-performance by the School Board or Count) shall be excused to the extent that periormanee is
rendered impossible or delayed by strike, fire, hurricane. flood. terrorism, pandemics. governmental
acts or orders or restrictions,or other similar reason where failure to perform is beyond the control of
and not caused by the negligence of the non-performing Party ("Force Majeure"), provided that the
non-conforming Party gives prompt notice of such conditions to the other Party and makes all
reasonable efforts to perform.
13.18 Designees
The Superintendent shall be the party designated i». the School Board to grant or deny all approvals
required by this Lease. The County Manager shall be the party designated by the County to grant or
deny all approvals required by this Lease.
13.19 Public Records
The School Board and Count) are subject to I lorida's Public Records Act, Chapter 119, Florida
Statutes. Each party shall keep and maintain public records in connection with this Lease and shall
ensure that public records that are exempt or confidential shall not be disclosed except as authorized
by law. Upon request from the respective parties custodian of records. the other part) shall provide
the requested records or allow for inspection within a reasonable time as provided by law.
13.20 Effective Date
The Effective Date of this Lease shall be the date that the last signature as set forth below.
IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed by their
appropriate officials, as of the date first above written.
(Signatures appear on the following page.)
Intertocnl tur ttseor`ports hells 14
copier tatter e Hunt\ School f)isinct
1 6 B5
DATED:_ 1147i 26
ATTEST:
CRYSTA,1,,--k,lKIN*EI„ Clerk of BOARD OF COUNTY COMMISSIONERS,
..,.. . „
The Circuit"Court and Comptroller COLLIER COUNTY, FLORIDA
. ,.,
Attesi,ae# ..hAirma.h9Outy Clerk DAN KOWAL
Chairman
Approv rs to form and legality:
.... ,"
S,.11y ./ k.r c 1.'\ /
A_-.Stant County Attorney rctil k V174
'c\(2/
DATED:
AT ST: THE DISTRICT SCHOOL 130ARD OF COLLIER
s COUNTY FLOR ')A
C3?...e
. .
c Dr. Leslie Riccia delli, Superintendent BY: iltdj
S EPH 1E1:06A1ZELII
School Board Chair
Approved as to form and legal sufficiency:
By:
Robert
Rob---eri Meyers, School Board Attorney
Atto7ney
Intel-local for Use of Sports Fields 15
Collier County/Collier County School District
EXHIBIT A
Commencing at the northeast corner of Section 4,Township 47 South,Range 29 East,Collier
County, Florida; thence along the east tine of said Section 4, South 0° 58' 00" East. 679.60
feet;thence South 89°17'55"West,40.00 feet to the POINT OF BEGINNING of the parcel of
land hereinafter described; thence South 0° 58'00' East, and parallel with the east line of
said Section 4, a distance of 648.01 feet to the intersection of the north right-of-way line of
Roberts Avenue and the west right-of-way line of First Street; thence along the north right-
of-way line of said Roberts Avenue,South 89°26 35"West, 1773.00 feet;thence North 1°41'
33"West, 492.68 feet; thence North 88° 19' 17" East, 1158.40 feet;thence North 0°54'56"
West, 131.05 feet; thence North 89° 17' 00" East, 620.77 feet to the POINT OF BEGINNING
of the parcel herein described; Subject to easement and restrictions of record, Containing
22.589 acres.
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16B5
EXHIBIT B
Current Facilities
Battfietd Facilities-Located in shaded area.
1. Two softball fields
2. One baseball field
3. Irrigation system
4. Scoreboards
5. Sidewalks
6. Part of the Parking lot on Roberts Avenue
7. Lights
8. Baseball dugout-480 square-feet
9, Softball dugout-320 square feet
10.Concession stand and restroorns--5,084 square-feet with the exception of the
second floor used for County storage
11. Bleachers
12.Batters boxes
13.Pitching cages
•
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PROJECT: Immokalee Community Park
FOLIO No(s): 00127440006
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this De t day of —S-feee,pcti ( , 20 u_, by and between COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335
East Tamiami Trail, Suite 102, Naples, Florida 34112 (hereinafter referred to as
"County"), and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA,
whose mailing address is 5775 Osceola Trail, Naples, FL 34109 (hereinafter referred to
as "District").
WITNESSETH:
WHEREAS, District has requested that County convey to the District a Fee Simple
Estate over, under, upon and across the lands described in Exhibit "A" (hereinafter
referred to as the"Property"), which is attached hereto and made a part of this Agreement;
and
WHEREAS, County recognizes the benefit to County and desires to convey the
Property to the District for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Property requested by District.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. RECITALS - All of the above RECITALS are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. CLOSING AND CLEAR TITLE - County shall convey the Property to District, in a
form acceptable to District and at no cost to the District, unless otherwise stated
herein. Said conveyance (County's delivery to District of a properly executed
Special Warranty Deed) is hereinafter referred to as the "Closing.,,
County shall transfer ownership of the Property to the District in accordance with
this Agreement. Prior to Closing, the Parties shall cooperate in conducting a joint
inspection of the Property. Such inspection may include surveying, environmental
or as may be mutually agreed by the Parties. The County agrees to provide and
document any encumbrances, and any environmental conditions associated with
the Property within 30 days of the Effective Date. The School Board's acceptance
of the transfer of ownership of the Property shall be subject to verification that there
are no unacceptable encumbrances or environmental conditions.
County shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Property, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Prior to Closing and as soon after
the execution of this Agreement as is possible, County shall provide District with a
copy of any existing title insurance policy and the Closing Documents, properly
executed, witnessed, and notarized where required, in a form acceptable to District.
3. TIME IS OF THE ESSENCE - Both County and District agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of District's receipt of all
Closing Documents, whichever is the later. This Agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause. District shall be entitled to full possession of the Property at Closing.
4. LOT SPLIT APPLICATION AND LEGAL CONSIDERATION — County shall be
responsible for initiating and completing, prior to Closing, any lot split application
process required to facilitate the conveyance and lease contemplated by this
Agreement. County shall bear all costs and fees associated with such application,
including any required surveys, filings, or administrative expenses. The legal
description resulting from the approved application shall be used in both the Special
Warranty Deed conveying the Property to the District and the Lease executed in
accordance with this Agreement.
b. LEASE BACK TO THE COUNTY BY THE DISTRICT--As additional consideration
for conveyance of the Property contemplated hereby, the Parties agree and
acknowledge that County shall lease the Property to be located thereon from
District. At Closing, County as a tenant, shall enter into the Lease with the District
as landlord, with respect to the Property, in form and substance attached hereto
and incorporated herein by reference as Exhibit "B" (the "Lease") for sports fields
as further described in the Interlace!Agreement for Lease of Sports Fields(Lease").
6. CURATIVE INSTRUMENTS AND PROCESSING FEES - District shall pay all fees
to record any curative instruments required to clear title, and all Special Warranty
Deed recording fees. In addition, District may elect to pay reasonable processing
fees required by mortgagees, if any, in connection with the execution and delivery
of a Release or Subordination of any mortgage, lien or other encumbrance recorded
against the property underlying the Property. District shall have sole discretion as
to what constitutes "reasonable processing fees."
7. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be
effective as of the date this Agreement is executed by both parties and shall inure
to the benefit of and be binding upon the parties hereto and their respective heirs,
1 685
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
8. ENTIRE AGREEMENT- Conveyance of the Property by County is contingent upon
no other provisions, conditions, or premises other than those so stated above; and
this written Agreement, including all exhibits attached hereto, shall constitute the
entire Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
9. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:_.._ 1/27/Zr -
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL.K.I.lk NZ [. Clerk of the COLLIER COUNTY, FLORIDA
Circuit: o Co'mptraller
BY: « BY: (-)
De''P; ) lr�' '' DAN KOWAL`
Atte r stoChair;- s Chairman
g“(Nr-canr+
Approve to form and legality:
1'
S II kar
Assistant County Attorney\/,‘
1665
AS TO DISTRICT:
DATED: I./at/•
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By: , ,( '/l
STE HANIE LUCARELLI
�, School Board Chair
Attest: ^.�4 .�- etAli ' .
Leslie Ricciardelli, Superintendent
Approved as to form and legal sufficiency:
B t�y:
Robert Meyers, School Board Attorney
1665
EXHIBIT A
Commencing at the northeast corner of Section 4,Township 47 South,Range 29 East,Collier
County, Florida; thence along the east line of said Section 4, South 0° 58' 00" East. 679.60
feet;thence South 89° 17'55"West,40.00 feet to the POINT OF BEGINNING of the parcel of
land hereinafter described; thence South 0°58' 00" East, and parallel with the east tine of
said Section 4, a distance of 648.01 feet to the intersection of the north right-of-way line of
Roberts Avenue and the west right-of-way line of First Street; thence along the north right-
of-way line of said Roberts Avenue,South 89°26 35"West, 1773.00 feet;thence North 1°41'
33"West, 492.68 feet; thence North 88° 19' 17" East, 1158.40 feet;thence North 0°54'56"
West, 131.05 feet; thence North 89° 17'OD" East, 620.77 feet to the POINT OF BEGINNING
of the parcel herein described; Subject to easement and restrictions of record. Containing
22.589 acres.
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1665
EXHIBIT B
Current Facilities
Ballfield Facilities-Located in shaded area.
1. Two softball fields
2. One baseball field
3. Irrigation system
4. Scoreboards
5. Sidewalks
6. Part of the Parking lot on Roberts Avenue
7. Lights
8. Baseball dugout-480 square-feet
9. Softball dugout- 320 square-feet
10.Concession stand and restrooms-5,084 square-feet with the exception of the
second floor used for County storage
11.Bleachers
12. Batters boxes
13.Pitching cages
__•
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