TE - Folio #36111520003 Project: Naples BMX Sports Pak
Folio Numbers: 36111520003
TEMPORARY RIGHT OF ENTRY AGREEMENT
THIS TEMPORARY RIGHT OF ENTRY AGREEMENT (hereinafter referred to as
the "Agreement") is made and entered into by and between COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112 (hereinafter "Grantor"), and NAPLES VELO CYCLING
ALLIANCE INC., a Florida Not For Profit Corporation, whose mailing address is 2390
Tamiami Trail North, Naples, FL 34103 (hereinafter "Donor") and BONNESS, INC., a
Florida corporation, whose mailing address is 1900 Seward Ave., Naples, FL 34109
(hereinafter "Contractor").
WHEREAS, the Grantor is the owner of real property located in Collier County,
Florida, identified by the Folio number listed above where the Wheels BMX Skate Park
(Wheels) is located on the annex of the Golden Gate Community Center (the "County
Property"); and
WHEREAS, the County Property is home to a National Bicycle Lease (USA)
sanctioned BMX track and holds several local and regional tournaments throughout the
year; and
WHEREAS, the current staring gate at Wheels is over twenty (20) years old and is
no longer considered to be the safest style gate used in tournaments and a new start gate
is needed; and
WHEREAS, the Donor has offered to pay the Contractor for the excavation/site work
on the hill that will allow the new start gate structure to be installed
WHEREAS, the Grantor desires to allow Contractor access to the County Property
for the stated purposes, on the terms and conditions set forth herein; and
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
are hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Grantor hereby grants to Contractor the temporary license and right to enter over,
upon, and across the County Property, at no cost to the Grantor, for the sole purpose
of performing excavation/site work on the hill to allow the new start gate structure to
be installed.
2. Contractor intends to work 6 days a week, Monday through Friday, from 7 AM to 7
PM, and on Saturday, 7AM to 5 PM. These are the standard operating work hours
per Collier County.
3. The Grantor shall pay for all costs of recording the Agreement upon approval of said
Agreement.
4. This Agreement shall be in full force and effect for ninety(90) days from the date said
Agreement is accepted by the Collier County Board of County Commissioners,
unless extended by mutual written agreement of the parties hereto. The Manager of
Parks and Recreation or designee is authorized to enter into such mutual written
agreements on behalf of the County for extensions of up to an additional 60 days
without further approval by the Board of County Commissioners.
5. Contractor shall perform excavation/site work on the hill to facilitate the installation of
the new start gate structure to be installed to the satisfaction of the Collier County
Parks and Recreation Director or designee.
6. Contractor is aware that Agreement is subject to acceptance and approval by the
Board of County Commissioners of Collier County, Florida.
7. The rights granted herein are conditioned upon the reasonable exercise thereof by
Grantee, and Grantee agrees not to interfere with Grantor's use of the County
Property.
8. Contractor hereby undertakes to indemnify and save harmless Grantor, its respective
parent and affiliated companies, and agents, officers, directors, employees,
members, partners, successors and/or assigns (the "Indemnitees"), from any liability
or damages Indemnitees may suffer as a result of claims, suits, demands, damages,
losses, fines, penalties, interest, expenses, costs, or judgments against them arising
out of Contractor's exercise of its right to enter the County Property for the purposes
set forth herein. This indemnification includes claims, suits, demands, damages,
losses, fines, penalties, interest, expenses, costs, or judgments arising out of
personal injury, property damage, environmental contamination, and any other event
in any way related to Contractor's use of the County Property for these purposes, no
matter how remote, and shall include damages of any nature, whether
compensatory, consequential, punitive or otherwise, all costs incurred in the defense
of every claim, demand, cost or judgment, whether attorney fees or otherwise, and all
costs incurred by Indemnitees in the enforcement of this Agreement, and will extend
from the date of this Agreement until termination of this Agreement in writing by
either party and as provided herein. Written termination of this Agreement shall in no
way limit Contractor's obligations hereunder for claims, suits, demands, damages,
losses, fines, penalties, interest, expenses, costs, or judgments of any nature, that
arise out of Contractor's use of County Property prior to the date of the termination.
This provision shall not apply to any damages suffered by Grantor as a result of the
execution, recording and existence of this Agreement.
9. Contractor is currently a Board of County Commissioner approved contractor under
Roadway Contract 16-6663 and has a W-9 and insurance certificate on file.
Contractor, prior to entering upon the County Property and at all times thereafter,
obtain and maintain comprehensive bodily injury and property damage liability
insurance on a per-occurrence basis with minimum limits of liability in an amount of
Three Hundred Thousand Dollars ($300,000.00)combined single limit, and including
a loss payable clause in favor of Grantor, naming Grantor as Additional Insured
under the policy, and shall provide evidence of such insurance prior to use of the
County Property, Grantor which shall include a provision that the insurance may be
cancelled only upon thirty (30) days prior written notice to Grantor.
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10. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have set their hand on this the L9` day
of 0 0 u e..N\I (}.), , 2019.
Grantor:
ATTEST: BOARD 0, ti/iUN . *MMISSIONERS
CRYSTAL K. KINZEL, Clerk I L • re 4 ,s Y, FLO' IDAir .
t.f ,`
' OO
Attest as toChairuri;tputy Clerk 'LLIAM L. MCDANIEL, J'., Chairman
'ignatureanty.
Approved as to form and legality:
Jennifer. :elpedio,Assi*ounty Attorney
Donor: ' ,�1
-4 v ------ NA LES VELO CYCLING ALLIANCE, INC,
(Signature) a F'orida not for pr fit corporation
46/,/A4-/th L- Ln. - -' 1
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qt Name)
Ytx��r it.1 r, .c ( 11214, \ 74
ature Sundi Faith, Vice-President
\LAI vrt;a ` ,' -t r,,A\,
(Print Name)
STATE OF FLORIDA _
COUNTY OF Co 11 Lam...
The foregoing instrument was acknowledged before me this $TN day of
iJwc,...l.2- , 2019, by Sundi Faith, as Vice-President on behalf of Naples Velo Cycling
Alliance, Inc., a Florida not for profit corporation.SHe (4s personally known to me or (_t
has produced as identification.
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Signature �n�A-tll1 L/ lAa7,-er,
Print Name
NOTARY PUBLIC
s� Notary Pudic State d Florida
ffrf EdwardLLarsen Commission Number:
It
My Commission FF 958755
%q�.d Expns 0311812020
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Contractor:
u- \ • ,� ' BONNESS, INC, a Florida corporation
(Si.na re) '
(Priv )
Alreloppo
(Signature) 41110"... Kathleen M. Bailie, President
(Print Name)
STATE OF FLORIDA
COUNTY OF CvMer
The foregoing instrument was acknowledged before me this 5 day of
k3ov• , 2019, by Kathleen M. Bailie, as President on behalf of Bonness, Inc., a
Florida corporation. She ( X ) is personally known to me or ( ) has produced
as identification.
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yEIY 119% ���i Signatu e
:�CP .4, • Print Name
�•a �O'•'°' NOTARY PUBLIC
*: ren soe : Commission Number: c7c \. Zr3, aO-
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