East Naples Middle School License Agreement PROJECT: Lightning Prediction and Warning System Located on
County Utility Building at East Naples Middle School
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 1#‘‘ day of , 2015, by and between
BOARD OF COUNTY COMMISSIONERS, OF COLLIER OUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO, THE GOVERNING
BOARD OF COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as
"Licensor") and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose
mailing address is 5775 Osceola Trail, Naples, Florida 34109 (hereinafter referred to
as "Licensee").
WITNESSETH:
WHEREAS, Licensee has requested that Licensor grant and convey to Licensee
a revocable license to install, maintain and repair a lightning prediction and warning
system unit (the "Unit") upon the roof of Licensor's Pump Station 309 building located
inside the utility compound on the campus of East Naples Middle School (the
"Building"); and
WHEREAS, Licensor recognizes the benefit to Licensee and the community in
providing a lightning prediction and warning system to better protect both students and
citizens and desires to convey the license to the Licensee for this stated purpose.
NOW, THEREFORE, in consideration of the aforesaid premises, it is agreed by
and between the parties as follows:
1. All of the above RECITALS are true and correct and, are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Licensor hereby grants a revocable license to Licensee, sufficient to allow for the
installation, maintenance and repair of the Unit on the roof of the Building for the
purpose of providing a lightning prediction and warning system. No drilling shall
take place on the roof or the building at any time.
3. Both Licensor and Licensee agree that the rights and interest granted hereunder
are conditioned upon the reasonable exercise thereof by Licensee. Licensee shall
not unreasonably interfere with, adversely impact or obstruct Licensor's utility
operations. Licensee shall, at its sole cost and expense, restore and repair any
and all damage to Licensor's Building, equipment, facilities, infrastructure and other
improvements arising as a result of its use of this license. To the extent authorized
by Section 768.28, Florida Statutes, Licensee will indemnify and hold Licensor
.
harmless from any and all claims, costs and obligations arising from Licensee's use
of this license.
4. This license shall terminate immediately upon written notice from the Licensor to
the Licensee.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on
the date first above written.
AS TO LICENSOR:
DATED: 3 L) iE! I
ATTEST: BOARD OF COUNTY COtil-MISSIONERS,
DWIGHT E. BROOK, Clerk OF COLLIER COUNTY,',-. FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX;OFFCIO THE
GOVERNING BOARD "9F COLLIER
COUN ER-SEWERDISTRICT
iL o- QOM . BY:
'e•ut
y Clerk Tim Nance, Chairman
Approved as to form and
legality:
Je Ifer A. Belp
Assistant County orney 0- V
\
�
[Signature Page for Licensee to Follow]
License Agreement—Lightning Warning System on County Utility Building
a`�
AS TO LICENSEE: DISTRICT re OOL BOARD OF
DATED:
COLL ` R *1.1 I' LORIDA
fitness (Signatu ) Kathleen Curatolo, Chair
/6_,.l+c V-e/-c--<_
Name (Print or Type)
r-- ATT ST:
Witness (Signs re)
Dr. Kamela Patton, Superintendent
'c,✓ \\!\_.sk
Name (Print or Type)
pproved as to form and
gal s 1,ci n y:
1� l 1/46. "ilk
n Fishbane, District General Counsel
1
License Agreement—Lightning Warning System on County Utility Building
0
Memorandum
TO: Minutes & Records Management
FROM oni Mott, Real Property Management
DAT August 11, 2015
RE: License Agreement
Lightning Prediction and Warning System — East Naples Middle School
On July 7, 2015, Agenda Item 16C5, the BCC approved the aforementioned item.
As promised, please find attached the fully executed original License Agreement for your
files.
Thank you again for all of your assistance with this matter. Very much appreciated.
Please contact me at x8780 with any questions.
Thank you!