Agenda 01/28/2020 Item #16C 1 (Resolution approving the installation of Armed Services/Veterans Memorial w/Capri Community, Inc.)01/28/2020
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and to approve a Bare License Agreement with Capri
Community, Inc., for the installation of an Armed Services/Veterans Memorial.
OBJECTIVE: To obtain approval from the Board to adopt a Resolution and to approve a Bare License
Agreement with Capri Community, Inc., to utilize a portion of County-owned property on Capri
Boulevard in order to install an Armed Services/Veterans Memorial.
CONSIDERATIONS: The County Water-Sewer District, under the Board of County Commissioners,
owns a triangular parcel of land located at 920 Capri Boulevard (“Property”).
On March 26, 2019, Board item 16 C 3, Capri Community, Inc. (Petitioner), entered into a Bare License
Agreement with the County in order to install a welcome sign on the road to the Isles of Capri.
At this time, the Petitioner has requested an additional area at the Property to construct an Armed Services
and Veterans Memorial (“Memorial”). Attached is a Bare License Agreement (“Agreement”) which
allows the Petitioner to utilize an approximate thirty-foot by thirty-foot portion of the triangular-shaped
Property, along with ingress and egress across County property with a parking area off Capri Boulevard
as shown on the Exhibit that is attached to the Agreement.
The initial term shall be for five-years with five separate five-year automatic renewals, with the
stipulation that the Petitioner is not in violation of any of the terms of the Agreement. There shall be no
rent charged as this is a community benefit. The Petitioner shall pay for all costs related to the Memorial
including, but not limited to, the design, permitting, construction, installation, electrical fixtures and
service, landscaping, irrigation, and maintenance related to all aspects of the Memorial. The Petitioner
will be required to provide the County with a Certificate of Insurance in which the limits have been
reviewed by the Risk Management Department. No aspect of the Memorial’s cost, permitting,
construction, replacement, or maintenance shall be the responsibility of the County. The Memorial, nor
the surrounding area of the sign, shall never be used for any commercial or political advertising.
FISCAL IMPACT: Beyond staff time there is no fiscal impact related to this item.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: That the Board adopts the Resolution and approves the Bare License
Agreement with Capri Community, Inc., and authorizes its Chairman to execute the attached Agreement
and Resolution.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Capri Community Veterans Memorial executed 2019 (PDF)
2. Capri Communities Inc. Veterans Memorial Resolution 12-10-19 (PDF)
16.C.1
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01/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 10663
Item Summary: Recommendation to adopt a Resolution and to approve a Bare License
Agreement with Capri Community, Inc., for the installation of an Armed Services/Veterans Memorial.
Meeting Date: 01/28/2020
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
10/24/2019 4:19 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
10/24/2019 4:19 PM
Approved By:
Review:
Water Pamela Libby Additional Reviewer Completed 10/24/2019 4:24 PM
Facilities Management Toni Mott Additional Reviewer Completed 10/24/2019 4:46 PM
Facilities Management Damon Grant Director - Facilities Completed 10/24/2019 5:00 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/28/2019 2:55 PM
Wastewater Beth Johnssen Additional Reviewer Completed 11/05/2019 3:22 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/15/2019 9:17 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/15/2019 3:07 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/19/2019 4:33 PM
Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/19/2019 4:46 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/19/2019 6:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2019 2:04 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/20/2020 1:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
16.C.1
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BARE LICENSE A(;REEMENT
This Limited Use Bare License Agreement ("Agreement") entered inlo th.is l0s da1' of September.
2019, by and between Board ofCounty Commissioners of Collier County Florid4 as rhe Goveming Board
of Collier County. and as Ex-officio as the Goveming Board of rhe Collier County Water-Sewer Districl.
whose mailing address is. in care oi Real Properq Management, 3335 Tamiami Trail Easr. Suire l0l.
Naples, Flori& 34112, hereinafter referred to as "county." and capri community, Inc., a nol-for-profit
Florida corporation, whose mailing address is 338 Capri Drive, Naples, Florida 341 13, hereinafter referrcd
to as "LICENSEE".
l. LICENSEE requests the use of a portion of County-owned land, and the Board hereby approves
the use of that ponion of County-owned property identified as 920 Capri Boulevard, Naples. Florida
hereinafter referred lo as "Property." for the placement of an Armed Services/Veterans Memorial. in
addition to an off-road parking area rhat shall serve as the point of entry to the Propertv for the
LICENSEE, its patrons and contractors lo access the Memorial. as shown on Exhibit "A." which is
atlached and made a part hereofthis Agreement.
2. The approval for use of the Property b1'the LICENSEE will extend for five (5) years (lnitial Lease
Term), commencing upon the date in ruhich the Coung'executes this Agreement. If LICENSEE is nor in
violation of any of the terms and condirions of this Agreement, LICENSEE shall be granted five separate
five-year automatic renewals following the Initial Lease Term. This Agreement is a bare license. The
County can cancel this Agreement, al any time. without incurring any liability or expense whatsoever.
However, the Coun$'will cancel this Ageement only for a valid reason and the County will endeavor to
give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this
Agreement. I-ICENSEE shall rcmove the sign not later than thirty (30) days after receipr of notice of
cancellation and retum the Property to irs original condition as to the condition prior to the
commencement of this Agreement rerm. LTCENSEE shall acquire all required permits.
3. LICENSEE shall provide and maintain general liabilir.v insurance policflies), approved by. rhe
Collio Countv Risk Management Division. for not less than One Million Dollars (5l,000.000.00)
combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier
County as an additional insured thereon. Evidence of such insurance shall be provided to Real Property
Management. 3335 Tamiami Trail Ea$. Suite l0l, Naples. Florida. 34112. for approval and shall include
a provision requiring ten (10) days prior written notice to Rea.l Property Management in the event of
cancellation. The Counry* shall be granted the right lo revise said insurance policies throughour the term
ofthis Agreement when deemed necessar).
4 LICENSEE shall hold harmless and defend the County and its agents and employees, from any
claims. assertions or causes of action for any loss. injury or damage to persorr or propeny.- arising from or
associated *ith the LICENSEE'S activities and/_or use of the Property. LICENSEE further agrees to
indemnili the County for any costs, expenses or fees, including attomeys' fees (including all appeals).
arising from any claims or causes of action for loss, injury andfor damage to persons or property arising
from or associated with the LICENSEE'S activities and/or use ofthe Property.
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16.C.1.a
Packet Pg. 1496 Attachment: Capri Community Veterans Memorial executed 2019 (10663 : Bare License Agreement with Capri Community, Inc., for the
5. LICENSEE shall procure and pay all exp€nses related to the Property and the Memorial to include.
but not limited to. installation. maintenance. electrical fixturcs, electrical service. irrigation, irrigation
maintenance. water use, landscaping. and landscape maintenance. No aspect of the use of the Propert-v
shall be a cost lo the County. LICENSEE shatl provide, maintain, and replace. at its sole cost and
expense. the American FIag at the Memorial, and the etiquene for displaying the American Flag shall tr
governed by the 1942 Congressional Resolution. as amended, U.S. Flag Code.
6. The Memorial, nor the area surrounding the Memorial, shall not contain any commercial or
political advertising at any time.
7. This Agreement is not assignable. Any anempt to assign this Agreement is void ab inirio.
8. This Agreement shall supersede and replace all prior agreements and rmderstanding, oral or *rinen
between the partiers hereto.
AS TO THE LICENSEE:Capri Communitv. Inc..
DATED:J/a not for profir Fl C o
First Witness (pri e)
S Witness
Second Wi lness (prinl name)
AS TO COUNTY:
ATTEST:
Crystal K. Kinzel. Clerk
B),
. Deputl Clerk
B)',
C KTT
(Print and corporate title)
BOARD OF COL,]NTY COMMISSIONERS OF
COLLIER COI.JNTY, FLORIDA. AS THE
GOVERNING BOARD OF COLLIER COIJNTY, AND
AS EX.OFFICIO AS THE GOVERNMENT BOARD OF
THE COLLIER COUNTY WATER.SEWER DISTRICT
RY
William L. McDaniel. Jr.. Chairman
Witness (signature)
{
Jennifer A. Belpedio
Assistant County Anomey ;\q
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Approved as to tbrm and legaliq;
16.C.1.a
Packet Pg. 1497 Attachment: Capri Community Veterans Memorial executed 2019 (10663 : Bare License Agreement with Capri Community, Inc., for the
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Exhibit "A"
Veterans Memorial
920 Capri Boulevard
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16.C.1.a
Packet Pg. 1498 Attachment: Capri Community Veterans Memorial executed 2019 (10663 : Bare License Agreement with Capri Community, Inc., for the
RESOLUTION No.2019 -
RNSOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY FLORIDA, AS THE GOVERNING BOARD OT'COLLIER COUNTY,
AND AS EX.OF'FICIO AS THtr GOVERNING BOARD OF THE COLLIER
COIJNTY WATER-SEWER DISTRICT, APPROVING A BARE LICENSE
AGREEMDNT BETWEEN COLLIER COUNTY AND CAPRI COMMUNITY, INC.
WHEREAS, Capti Comrnunity, Inc., (the "Organization") desires to utilize a poltion of vacant
ploperty owned by Colliet County, a political subdivision of the State of Florida ("Collier County"),
located on Capri Boulevard to install an Armed Services / Veterans Memorial.
WHEREAS, the Bare License Agreement provides for an initial five-year term commencing on
December 10,2019, and includes five automatic five-year t'enewals, with no annual rent.
WHEREAS, the Board of County Commissioners is satisfied that this property may be used for
the Organization and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD O! COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, thAt:
The Board of County Comrnissioners does approve the attached Bare License Agrcement
between Colliel County and Capri Community, Inc.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
autholized to execute the attached Bare License Agrcement,
This Resolution adopted this 10th day ofDecember 2019, after motion, second and majority vote.
ATTEST:
Clystal Kinzsl, Clerk
By:
Deputy Clelk
Approved as to form and legality:
BOAR.D OF COUNTY COMMISSIONERS OF COLLIER
COUNTY FLORIDA, AS THE GOVERNING BOAR-D OF
COLLIER COLTNTY, AND AS EX.OFFICIO AS TT{E
GOVERNING BOARD OF THE COLLIER COT'NTY
WATER.SEWER DISTRICT
BY:
William L. McDanie[, Jr., Chairman
Jennifer A. Belpedio, Assistant County on"r".;ar-.U
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16.C.1.b
Packet Pg. 1499 Attachment: Capri Communities Inc. Veterans Memorial Resolution 12-10-19 (10663 : Bare License Agreement with Capri Community, Inc., for