Resolution 2021-130 RESOLUTION No. 2021 - 1 3 0
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING A LICENSE AGREEMENT FOR USE OF PROPERTY
OWNED BY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
TO BE USED TEMPORARILY FOR CONSTRUCTION STORAGE.
WHEREAS, Douglas N. Higgins, Inc. (Higgins), contractor for the Naples Park Public Utilities
Renewal Project for 108'1' Avenue North and 10911' Avenue North, desires to lease vacant property owned
by the Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier
County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (County),
located at 792 110'1' Avenue North, Naples, Florida, for construction storage.
WHEREAS, the License Agreement for Construction Storage (License) provides for a twenty-four
month term commencing on the date that the Board of County Commissioners approves the License, with
a provision for the County to terminate, at any time for a valid reason, by providing advance written
notice to the other party. The monthly rent will be Five Hundred Dollars($500.00).
WIIEREAS, the Board of County Commissioners is satisfied that this property may be used by
Higgins and is not needed for County purposes.
NOW TI-IEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the attached License Agreement for
Construction Storage with Douglas N. Higgins, Inc.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the License Agreement for Construction Storage with Douglas N.
Higgins, Inc.
This Resolution adopted this D�t day of Ju(\e , 2021,. after
motion, second and majority vote.
ATTEST:
Crystal K. Kinzel, Clerk BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,: AS THE
" � GOVERNING BODY OF COLLIER COUNTY AND
AS EX-0 FICIO THE GOVERNING BOARD OF TIIE
. ` E! tic
• COLLI ' TY WATE W • DISTRICT
BY:
:.d " Clerk Penny Taylor,
,, , airperson
t3'oitattire only.
Ap roved as to form and legality:
2\
Je . Be pedio, Ass nt County Attorney C4 � o�
LICENSE AGREEMENT FOR CONSTRUCTION STORAGE
LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE
OF A CONSTRUCTION STORAGE AREA.
This License Agreement ("Agreement") entered into this 25th day of May 2021, by and between the
Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier County
and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, whose mailing
address is, in care of, Real Property Management, 3335 Tamiami Trail East, Naples, Florida 34112,
hereinafter referred to as "BOARD," and Douglas N. Higgins, Inc., a Foreign Profit Corporation, whose
mailing address is 3390 Travis Pointe Road, Suite A, Ann Arbor, Michigan 48108, hereinafter referred to
as LICENSEE.
1. LICENSEE requests the use of County-owned land for the purpose of a construction storage area
for the Naples Park PUR project. The Board hereby approves the use of County-owned property identified
as 792 110th Avenue North, Naples, Florida, as shown in Exhibit"A,"which is attached and made a part
hereof, hereinafter referred to as "Property." LICENSEE shall be limited to only utilize the area depicted
in Exhibit"A".
2. LICENSEE shall access the Property only by way of 8t Street.
3. The approval of the use of the Property by the LICENSEE is expected to extend for twenty-four
months. The Board can cancel this Agreement at any time without incurring any liability or expense
whatsoever. However, the Board will cancel this Agreement only for a valid reason and the Board will
endeavor to give the LICENSEE as much advance notice as is then possible in the event of any
cancellation of this Agreement. LICENSEE shall remove its equipment and materials not later than thirty
(30) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. The
LICENSEE is permitted to terminate this Agreement at any time by providing the Board with a minimum
of ten days' written notice.
4. LICENSEE shall provide and maintain general liability insurance policy(ies), approved by the
Collier County Risk Manager, for not less than One Million Dollars ($1,000,000.00) 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 the Real Property
Management Department, 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, for approval and
shall include a provision requiring ten (10) days prior written notice to Collier County in the event of
cancellation. LICENSOR shall be granted the right to revise said insurance policies throughout the term
of this Agreement when deemed necessary.
5. LICENSEE shall hold harmless and defend the Board of County Commissioners of Collier
County,Florida, and Board Of County Commissioners of Collier County, Florida, as the Governing Body
of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
and its agents and employees, from any claims, assertions or causes of action for any loss, injury or
damage to persons or property arising from or associated with the LICENSEE'S activities and/or use of
the Property. I.IC'ENSEE further agrees to indentnif+ Hoard for ant costs, expenses or fees. including
attorneys' tees(including all appeals), arising from any and all claims and'or causes of action 'shaisoe%cr
arising from or associated with the I.I(1-NSF'S actin sties and/or use of the Property.
b. This Agreement is not assignable Any attempt to assign this Agreement is soid ab initio
7. LI('E.NSI i' shall proside monthly rent in the amount of Five Hundred Dollars (S500.00) h} or on
the first of each month. made payable to Collier County Board of County Commissioners. remit to Real
Property Management Leasing Specialist. 3335 Tantianti 1 rail East. Suite 101. Naples, Florida 341 1 2.
R. LICENSEE agrees to clean the site prior to its use at no cost the LICENSOR.
9. LICENSEE shall return the Pruperty to Board at the termination of this Agreement, or earlier.
clean and free of any equipment. materials.debris.
AS TO THE LICENSEE: Douglas N. Higgins. Inc.. a Foreign Profit Corporation
DATED:j.,t0.c, Z3 2021
B):
c . Regional Manager
ATTEST:: BOARD OF OUNTY COMMISSIONERS
Crystal K. Kinzel.Clerk COLLIER OU . FLORIDA
_ t7L BY:
Deputy Clerk PI?. NY f AYL Chairman
Attest as to,Chairi�lcan'S
• ,!<noture'only.
Approved as to form and legality:
—
Je A. Belpedio P ,-,,�
Assistant County Attorney
6.
2
Exhibit A — 792 110th Avenue North
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