Agenda 07/13/2021 Item #16C 2 (Donation of Playground Equipment)07/13/2021
EXECUTIVE SUMMARY
Recommendation to accept the donation of 2 Spinner Bowls and 1 Tip Carousel with Brace from
the Northside Kiwanis Foundation Inc. and approve the Temporary Right of Entry Agreement
with Precision Contracting Services, Inc. to install donated playground equipment at the
Immokalee Community Park.
OBJECTIVE: To approve the Temporary Right of Entry Agreement with Precision Contracting
Services Inc. to install donated playground equipment at the Immokalee Community Park.
CONSIDERATIONS: The Public Services Department maintains the Immokalee Community Park
(Park) located at 321 North 1st Street in Immokalee.
The Northside Kiwanis Foundation, Inc., a not for profit corporation (Foundation), has offered the Parks
and Recreation Division a donation of playground equipment to be installed at the Park. The equipment
to be donated is 2 Spinner Bowls and 1 Tip Carousel with Brace. The Foundation will pay Kompan, Inc.
for the playground equipment and Kompan, Inc. will utilize Precision Contracting Service, Inc., which is
one of their certified installers for the installation of the playground equipment.
A location map is attached for reference.
The Temporary Right of Entry Agreement has been reviewed by the Parks and Recreation Division and
the County Attorney’s Office.
FISCAL IMPACT: Recording charges for the Temporary Right of Entry will not exceed $40 and is
available in Fund 111.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote
for approval. - JAB
RECOMMENDATION: That the Board of County Commissioners: 1) Accept donation and ownership
of 2 Spinner Bowls and 1 Tip Carousel with Brace from Northside Kiwanis Foundation, Inc.; 2) Approve
the Temporary Right of Entry Agreement and authorize the Chair to execute; and 3) Authorize staff to
record the Temporary Right of Entry Agreement in the Public Records of Collier County, Florida.
Prepared by: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. Temporary Right of Entry Agreement_001 (PDF)
2. Location Map (PDF)
16.C.2
Packet Pg. 1201
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 16134
Item Summary: Recommendation to accept the donation of 2 Spinner Bowls and 1 Tip Carousel
with Brace from the Northside Kiwanis Foundation Inc. and approve the Temporary Right of Entry
Agreement with Precision Contracting Services, Inc. to install donated playground equipment at the
Immokalee Community Park.
Meeting Date: 07/13/2021
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
06/03/2021 11:10 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
06/03/2021 11:10 AM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 06/03/2021 2:45 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/03/2021 3:34 PM
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 06/09/2021 4:36 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 06/15/2021 1:39 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/15/2021 4:56 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/16/2021 6:25 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/17/2021 11:12 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/17/2021 1:21 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/22/2021 2:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:24 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/28/2021 5:19 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.C.2
Packet Pg. 1202
Prolect immokalee Communily Pa“
Fo「o Numbers ∞127440006
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 TamiamiTrail East, Suite
10'l , Naples, FL 34112 (hereinafter "Grantor"), and NORTHSIDE NAPLES KIWANIS
FOUNDATION, lNC., a Florida corporation, whose mailing address is P.O. Box 770060,
Naples, FL 34107 (hereinafter "Donor") and PRECISION CONTRACTING SERVICES,
:i3;,l"illlii" corporation, whose mairins address is 1 5834 Jupite,, FL
ffi;\Ereinafter
WHEREAS, the Grantor is the owner of real property located in Collier County,
Florida, identilied by the Folio number listed above where the lmmokalee Community Park
(Park) is located at 321 North 13r Street, lmmokalee, FL 34142 (the "County Property"); and
WHEREAS, the County Property is the location of the lmmokalee Community Park;
and
WHEREAS. the Donor has offered to donate 2 Spinner Bowls and 1 Tip Carousel
with Brace and pay the Contractor to install the equipment at the Park; and
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. forthe sole purpose
of installing the playground eguipment.
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
16.C.2.a
Packet Pg. 1203 Attachment: Temporary Right of Entry Agreement_001 (16134 : Immokalee Community Park Donation)
567Contractor shall install the playground equipment to the satisfaction of the Collier
County Parks and Recreation Director or designee.
Contractor is aware that Agreement is subject to acceptance and approval by the
Board of County Commissioners of Collier County. Florida.
The rights granted herein are condilioned upon the reasonable exercise thereof by
Contractor, and Contractor agrees not to interfere with Grantor's use of the County
Property.
Contractor hereby undertakes to indemnify and save harmless Grantor, rts respective
parent and affiliated companies, and agenls, officers, directors. employees,
members, partners, successors and/or assigns (the "lndemnitees"), from any liability
ordamages lndemnitees may suffer as a result of claims, suits. demands. damages.
losses, fines, penalties, inlerest. expenses, costs, or.iudgments 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, suils, 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 iudgment, whether attorney fees or otherwise, and all costs incurred
by lndemnitees in the enforcement of this Agreement, and willextend from the date of
this Agreement until terminalion of this Agreement in writing by either party and as
provided herein. Written terminatron of this Agreement shall in no way limit
Contractor's obligations hereunder for claims, suits, demands, damages, losses,
fines, penalties, interest, expenses, costs, or.iudgments of any nature, lhat arise oui
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.
Contractor, prior to entering upon the County Property and at all times thereafter.
shall obtain and mainlain 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 includrng
a loss payable clause in favor of Grantor, and Worker's Comprehensive insurance rn
accordance with State requirements, naming Grantor as Additional lnsured under the
policies, 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 lo Granlor.
This Agreement is governed and construed in accordance with the laws of the State
of Florida.
lN WTNESS WHEREOF, the parties hereto have set their hand on this the _ day of
.2021.8910"16.C.2.a
Packet Pg. 1204 Attachment: Temporary Right of Entry Agreement_001 (16134 : Immokalee Community Park Donation)
Grantor:
ATTEST:
CRYSTAL K KINZEL,Clerk
BOARD OF COUNTY COMM:SSiONERS
COLLIER COUNW,FLORIDA
BY:
Penny Taylor,Chair,Deputy Clerk
Approved as lo form and legal(y
Jennfer A Eelpedlo. Assislanl County Altorney
鳴 臓 J中
lSronalure)
(plnt N8me)
S■1∝″
COuMY OF″
ph"Cd Oい ence oこ o前 ne nd“2dbn tts/doy d″202 by
Oma′Z∥u on behol d NmmdO Nooぃ ●wOns bundぃ 。nhc o
FloridO nol for proftt corpOro価 on
蒸臓翼1思 1肌 renl drv“にense∝
0い OS′hOVe produced ________‐―°S den,面 coi on
Print Nome
Com雨 価″z傘 多 _臥 p″ク ク
″｀
NORTHSiDE NAPLES KIWANIS FOUNDAT10N
lNC., a Florida not for profjJ,cQrporation6Юn“マ´とく
炒
華鼎儡1∬
r Mollo, President
16.C.2.a
Packet Pg. 1205 Attachment: Temporary Right of Entry Agreement_001 (16134 : Immokalee Community Park Donation)
Precision Playgrounds, lnc
45 Alabama Ave, Jacksonville, FL 32218
s,rT or flsj/-L- -- ,
Cour.rrv * D*uo) I
The foregoing Temporory Rignt of Enlry Agreement wos ocknowledged before me
霊高Zhholefβ 慢ジ繁記llお
corporOtiOn′whO:
1 doy or ,lufi(
beholf of Precision Playgrounds,
Jrtoru personoliy known lo me;
o hos/hove produced his/her cunenl ddvers license; or
chos/hove produced os idenlificotion.
Notory Signoture
Print Nome
Commission #Exp:
“Not ryPubfic
岬 HH054872
DOltt10r19m24
by meonsげy
2021′ by
lnc, o Floldo
①
16.C.2.a
Packet Pg. 1206 Attachment: Temporary Right of Entry Agreement_001 (16134 : Immokalee Community Park Donation)
Location Map
16.C.2.b
Packet Pg. 1207 Attachment: Location Map (16134 : Immokalee Community Park Donation)