Backup Documents 07/26/2011 Item #16G5
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL~6 G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
I h kl' d t d s P'I ]' 5)
exception of the Chairman's signature, draw a line throU2:h routing lines #1 through #4, comolete the c ec 1st, an orwar to ue 1 son ( me # .
Route to Addressee(s) Office Initials Date
(List in routin2: order)
1.
2,
3,
4. Jeff Klatzkow County Attorney
-
5, Ian Mitchell, BCC Office Board of County Commissioners V 1> I-l. / t<
Supervisor .....
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff Debbie Brueggeman Phone Number (239) 642-7878 Ext. 34
Contact
Agenda Date Item was July 26, 2011 Agenda Item Number 16G5
Approved by the BCC
Type of Document Serenity Construction Corp Palmetto Berry Number of Original 3
Attached Agreement - IMM Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
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!
The document was approved by the BCC on 7/26/11 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
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N/A
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I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16G
MEMORANDUM
Date:
August 3, 2011
To:
Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
License Agreement - Palmetto Berry Agreement (Immokalee)
Contractor: Serenity Construction Corp.
Attached are two (2) original's as referenced above, (Agenda Item #16G5)
approved by the Board of County Commissioners on Tuesday, July 26, 2011.
An original was kept by the Minutes & Records Department and
will be kept as part of the Board's Official Records.
Our office will e-mail a copy of the recorded easement, if you would prefer a
hard copy let me know and I will make sure to forward a copy to you.
If you have any questions, you may contact me at 252-7240.
Thank you
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made this ()(A-v", day of -} c' \ ~ ,2011,
between the Board of County Commissioners of Collier County, Florida, servmg as the Collier
County Airport Authority, 2005 Mainsail Drive Suite # 1, Naples, FL 34114, (239) 642-7878
(hereinafter referred to as the "Licensor") and Serenity Construction Services, Corp" 1256 Edna
Street E., Lehigh Acres, Florida 33874 (239) 850-0006, (hereinafter referred to as "Licensee").
LICENSEE:
1. PREMISES: The Authority (Licensor) hereby licenses the Licensee the privilege to conduct
palmetto berry harvesting operations within the area depicted in Exhibit A attached and made a
part hereof for the sole purpose of saw palmetto berry harvesting at the Immokalee Regional
Airport, 165 Airpark Boulevard, Immokalee, FL.
2. TERM: This bare license with no interest attached begins on September 1. 2011 and terminates
on November 1. 2011.
3. FEE: Licensee shall pay a license fee of $,10 (ten cents) per pound for each pound of saw
palmetto berries harvested on the premises, Licensee shall provide Licensor with a weekly
report of quantities harvested, License fees are due on Friday of each week without demand.
Any failure to pay the fee in full shall require payment of a late fee equal to thirty dollars
($30.00) and any failure to pay in full and on time shall be cause for termination of the license,
4. MAINTENANCE: Licensee accepts the premises "as is." Licensee is responsible for all other
damage to the premises caused by Licensee's use of or presence at/in the premises.
5. LIABILITIES: Licensee hereby waives all future claims against Licensor, its employees, agents
and/or representatives for any and all liability for damage to property in or around the licensed
premises. Any act or use of the premises by Licensee not expressly authorized by this license,
including storage of hazardous materials are strictly prohibited.
6. USE OF PREMISES: The premises shall be used only for the purpose of harvesting saw
palmetto berries. All other use of or storage within the premises is strictly prohibited. Any
attempt to sublicense, assign or otherwise transfer this license is void ab initio unless the
Executive Director authorizes same through his/her execution of a written agreement for same,
and never to exceed 6 month's duration.
Customer shall check in at the General Aviation Terminal Building prior to each day's harvest
and check out at the General Aviation Building and sign a log with the approximate amount of
berries (bags/weight) harvested throughout the day. Payment shall be remitted weekly to the
Airport Authority Office, 2005 Mainsail Drive, Naples, FL 34114 with a total harvest report and
copies of the weigh slips.
Palmetto berries shall be harvested between 8:00 AM and 5:00 PM unless otherwise approved
by the Airport Manager in writing.
7. TERMINATION: This is an at-will license, Either party has the right to terminate this license
with or without cause by giving the other party 3 days written notice. Following termination, if
Licensee does not remove all property brought onto the premises by or on behalf of Licensee,
Licensee agrees that Licensor may summarily remove all such property without any liability.
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8, SECURITY AND KEYS: Licensee agrees to always cooperate with Licensor in every respect,
including security regulations, Security of the licensed premises and all property therein is the
sole responsibility of the Licensee. Licensee shall provide Licensor with a duplicate key to any
lock or locking device that secures the licensed premises, Licensor will use the key to gain
access only in the event that an emergency appears to necessitate immediate access by Licensor.
Licensor shall not be responsible for theft, vandalism, pilferage, or other damage or loss to any
property except that which may result because a lock or other locking device opened by
Licensor is not re-Iocked through negligence of Licensor.
9, INDEMNIFICATION AND INSURANCE:
A. Licensee agrees to indemnify fully and save and hold harmless Collier County, Authority,
and their officers, agents, and employees from and against all losses, damages, claims,
liabilities, and causes of action of every kind or character and nature as well as costs and
fees, including reasonable attorney's fees connected therewith including any and all appeals,
and the expense of the investigation thereof, based upon or arising out of damages or
injuries to any and all third persons or their property. Authority shall give Licensee prompt
and reasonable notice of any such claim or action, Licensee shall have the right to
investigate, compromise, and defend the same to the extent of its own interest.
B. During the entire term of this agreement, Licensee shall provide, pay for, and maintain the
types of insurance required by the Collier County Risk Management Department as listed in
Exhibit B attached and made a part hereof. All insurance shall be from responsible
companies duly authorized to conduct the respective insurance in the State of Florida and/or
responsible risk retention group insurance companies registered with the State of Florida,
All liability policies shall provide that the Authority and the County of Collier as additional
insureds as to the uses of the licensed premises under this agreement and shall also provide
the Separation of Insured's Provision. Prior to the execution of this agreement by Licensee,
the specified insurance coverages and limits required must be evidenced by properly
executed Certificates of Insurance on the forms which are deemed acceptable by Authority.
IN WITNESS WHEREOF, the Licensee and Licensor have hereto executed this License
Agreement the day and year first above written.
AS TO LICENSEE:
\r-t"<2- V.~.
rint Name and Title
ASTOTI;l~~tI~~SOR:
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER ~NT: A:ORT AU~HORITY
By: ~ .~
FRED W, COYLE, CHAIRM
ow, County Attorney
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"A"
Exhibit
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EXHIBIT "B"
Collier County Florida
Risk Management Insurance Requirements
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EXPIRATION
DATE INSURANCE TYPE
REQURED LIMITS
Insurance Agency:
1. Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all
Federal Government Statutory Limits and Requirements
2. Commercial General Liability (Occurrence
Form) patterned after the current I.S.0.
form with no limiting endorsements
Bodilv Iniury & Property Damaqe
$1.000,000 Single Limit Per Occurrence
3. IDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/ Vendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/
Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph,
This section does not pertain to any incident arising from the sole negligence of Collier County,
4. Automobile Liability Owned/Non-owned/
Hired Automobile Included
$500.000 Each Occurrence
5. Collier County must be names as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required,
6. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format
will be acceptable.
7. Thirty (30) Days Cancellation Notice required
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