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Resolution 2000-247 RESOLUTION 2000 - .2.4..l. 16010 RESOLUTION AUTIIORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND TASK FORCE FOR THE HOMELESS FOR USE OF COUNTY-OWNED PROPERTY. WHEREAS, the Task Force for the Home]ess, a tax exempt charitable Trust, ("Task Force") desires to license twenty (20) parking spaces located in the North parking lot at the Collier County Government Center ("Licensed Premises") for visitors at St. Matthew's House located at 2501 South Airport Road, Naples, F]orida 34] 12; WHEREAS, the Board of County Commissioners is satisfied that the Licensed Premises is required for community use by visitors at St. Matthew's House and the Licensed Premises is not needed at this time for County purposes, and; WHEREAS, the Board of County Commissioners is desirous of licensing the Licensed Premises to the Task Force. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Licensed Premises is required by use of the visitors to St. Matthew's House and is not needed at this time for County purposes. 2. The term of the License is five (5) years at an annual license payment of Ten Dollars ($10.00), all of which shall be paid in full in advance. 3. The Board of County Commissioners does hereby approve the attached License Agreement between Collier County, a political subdivision of the State of Florida, and the Task Force for the Home]ess, a tax exempt charitable Trust. 4. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached License Agreement. This Resolution adopted this L day of ~l..ct- --- second and majority vote. , 2000, after motion, BY:~IO~~~ ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form andlegalsuffici1n1Y: d\~Q~ Tho as C. Palmer Assistant County Attomey 16010 License #731 LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this ----L- day of ~I kit! AJ.-- , 2000, between Task Force for the Homeless, a tax exempt charitable Trust, by its unde . ed ecutlve DIrector who has been duly authorized by the Trust to execute this License Agreement, whose mailing address is 2501 South Airport Road, Naples, Florida 34112, hereinafter referred to as "LICENSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LICENSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Licensed Premises LICENSOR hereby Licenses to LICENSEE and LICENSEE hereby accepts the License from LICENSOR twenty (20) parking spaces in the Collier County Government Center parking lot, hereinafter referred to as "Licensed premises" in accordance with the terms of this License. Said parking spaces shall be designated for the following uses: one (1) handicapped, one (1) loading zone and eighteen (18) regular. ARTICLE 2. Term of License LICENSEE shall have and hold the Licensed Premises for a term of five (5) years, commencing on September 28, 2000, and ending September 27,2005. LICENSOR and LICENSEE shall have the right to terminate this bare License with or without cause by providing the other party with thirty (30) days written notice. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. E.s11 LICENSEE hereby covenants and agrees to pay as rent for the Licensed Premises the sum of Ten Dollars ($10.00) per annum which shall be paid in full for the entire License term and payable Fifteen (15) days from the date of execution of this License by LICENSOR. ARTICLE 4. Modifications to Licensed Premises LICENSEE shall not be permitted to make any changes, alterations, additions or improvements to the Licensed Premises. LICENSEE covenants and agrees not to use, occupy, suffer or permit said Licensed Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 5. Assi~ent and Sublicensine LICENSEE covenants and agrees not to assign this License or to sublicense the whole or any part of the Licensed Premises, or to permit any other persons to occupy same without the written consent of LICENSOR. Any such assignment or sublicensing, even with the consent of LICENSOR, shall not relieve LICENSEE from liability for payment of License fee or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants ofthis License. ARTICLE 6. Indemnity 16010 LICENSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LICENSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LICENSEE'S use of the Licensed Premises, (B) any work or thing whatsoever done, or any condition created (other than by LICENSOR, its employees, agents or contractors) by or on behalf of LICENSEE in or about the Licensed Premises, (C) any condition of the Licensed Premises due to or resulting from any default by LICENSEE in the performance of LICENSEE'S obligations under this License, or (D) any act, omission or negligence of LICENSEE or its agents, contractors, employees, sublicensees or invitees. In case any action or proceeding is brought against LICENSOR by reason of anyone or more thereof, LICENSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LICENSOR shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to LICENSOR. The LICENSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LICENSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Licensed Premises or any part thereof, and the LICENSEE agrees to hold the LICENSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct ofthe LICENSOR or its employees. The LICENSEE hereby acknowledges that the License fee called for in Article 3 of this License has been reduced by Ten Dollars ($10.00) and is hereby considered by LICENSOR as payment of the obligation by LICENSEE. ARTICLE 7. Insurance LICENSEE shall provide and maintain comprehensive general liability, including contractual liability, bodily injury and property damage in am amount not less than One Hundred Thousand Dollars and No/Cents ($100,000.00). Collier County shall be listed as an additional insured on said policy. LICENSEE shall carry and maintain Worker's Compensation Insurance to the extent required by the State of Florida. All insurance policies required above shall be issued and written with a company or companies authorized to engaged in the business of insurance in the State of Florida and authorized to do business under the laws of the State of Florida. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this License Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LICENSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LICENSEE, whereupon receipt of such notice LICENSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 8. Administration This License shall be administered on behalf of the LICENSOR by the Public Services Administrator or hislher designee and on behalf of the LICENSEE by the Executive Director of St. Matthew's House. ARTICLE 9. R~ortin~ During the term of this License, the LICENSEE shall submit to the Public Services Administrator on or before the tenth (10tb) day of each month an operations report including the statistical data regarding clients served and enclosing a report on changes in operations of St. Matthew's House, in order to afford the Public Services Administrator the data necessary for the preparation of a report to the Board of County Commissioners when deemed necessary by the Public Services Administrator. The Public Services Administrator shall notify the LICENSEE in writing within thirty (30) days of a receipt of a report of any objections thereto. 2 16010 ARTICLE 10. Control and Maintenance In an attempt to act as a good neighbor to adjacent property owners of St. Matthew's House, the LICENSEE hereby agrees to monitor and control its clients and to make every good faith effort to reduce any negative impacts to LICENSEE'S neighbors resulting from the operation of St. Matthew's House on the Licensed Premises. Such good faith efforts shall include, without limitation, trash collection and clean up of the Licensed Premises, as well as reporting all incidents of trespassing or loitering to the appropriate authorities, and meeting with adjacent property owners on a regular basis to discuss the LICENSEE'S operations and its impact on the neighborhood. LICENSOR shall not be obligated or required to improve, repair, or maintain the Licensed Premises in any manner whatsoever. ARTICLE 11 ~ Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LICENSOR Board of County Commissioners c/o Real Property Management Department W. Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 LICENSEE Chairman of Task Force for Homeless c/o Executive Director 2501 South Airport Road Naples, Florida 34112 cc: Executive Director cc: Public Services Administrator ARTICLE 12. Non-Discrimination The LICENSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of race, color or natural origin discriminate or permit discrimination against any person or group of persons in any manner. The LICENSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non-discrimination covenant. ARTICLE 13. General Provisions LICENSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Licensed Premises is limited to that provided to any other business or agency situated in Collier County, and LICENSOR acknowledges that any special security measures deemed necessary for additional protection of the Licensed Premises shall be the sole responsibility and cost of LICENSOR and shall involve no cost or expense to LICENSEE. ARTICLE 14. Effective Date This License shall become effective upon execution by both LICENSOR and LICENSEE. ARTICLE 15. Govemin~ Law This License shall be governed and construed in accordance with the laws ofthe State of Florida. IN WITNESS WHEREOF. the parties hereto have hereunder set forth their hands and seals. AS TO LICENSEE: DATED: '7" / d. cJ (\ a u 1::,T'ES~' i~71~- TASK FORCE FOR THE HOMELESS, a tax exempt charitable Trust BY:~~ ~j)L FRANK MEEHAN, Executive Director ;n K.:- J.//,} C c (pri9ame) ~,(PJ. Fr-t\\'(..... tN. rl. ~o ~,:-IU> r< 1~>YS f:-N 3 16D10 AS TO THE LICj:~SOR: DATED: 'b\l t~ ATTEST: DwtGHT E. BROCK, Clerk ~\.~r-- ~koJ- BY: - v , Deputy Clerk T Attest .. to Cha 1 r'IIIft' s st9flatlft on)J. Approved as to fonn and I~UffiCiencu ~ UI^A~ ,t(v--- Thomas C."P mer Assistant County Attorney 4