Agenda 12/14/2021 Item #16A29 (Naples Municipal Dock Recrealtional Boat Slip Rental License Agreement)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a City of Naples - Naples
Municipal Dock Recreational Boat Slip Rental License Agreement ("Agreement") at the
Naples City Dock for Coastal Zone's Vessel extending for five years in the amount of
$7,824.00 per year with sufficient budget appropriated within the Unincorporated Area
General Fund.
OBJECTIVE: To approve and authorize the Chairman to sign the attached City of Naples - Naples
Municipal Dock Recreational Boat Slip Rental License Agreement.
CONSIDERATIONS: Collier County's Coastal Zone Management is responsible for ensuring the
safety and health of Collier County waterways as far north as Barefoot Beach and as far south as
Everglades City. The most efficient and effective storage location for Coastal Zone's 28' work vessel is at
the Naples City Dock, considering its centralized location. Other centralized locations around the county
tend to cater to the yachting lifestyle rather than simple storage, which entails much higher monthly rates
and additional membership fees.
The City of Naples - Naples Municipal Dock has presented Collier County with a five-year agreement
containing an annual base license fee of $7,824.00 per year, which would be paid monthly at $652.00 per
month for 60 months. On October 1 of each succeeding year, the City may increase the base license fee.
The City may also make cost of living adjustments to the current base license fee (upon 10 days notice) as
follows: The annual base license fee may increase by the greater of. (a) two and 1/2 percent (2.5%); or
(b) the percentage , if any, by which the then most recently published CPI figure shall have increased over
the CPI figure for the month occurring one (1) year prior.
FISCAL IMPACT: Funding for the proposed Recreational License Agreement is available within the
Department's Unincorporated Area General Fund (111) approved FY 2022 budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: To sign a City of Naples - Naples Municipal Dock Recreational Boat Slip
Rental License Agreement between Collier County and the City of Naples for use by Coastal Zone
Management's 28' Work Vessel in the amount of $7,824.00 per year for a five-year.
Prepared By: Andrew Miller, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and
Program Management Division
ATTACHMENT(S)
1. 11.05.21 - CON Dock Agreement (PDF)
Packet Pg. 1278
16.A.29
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.29
Doe ID: 20590
Item Summary: Recommendation to approve and authorize the Chairman to sign a City of Naples
- Naples Municipal Dock Recreational Boat Slip Rental License Agreement ("Agreement") at the Naples
City Dock for Coastal Zone's Vessel extending for five years in the amount of $7,824.00 per year with
sufficient budget appropriated within the Unincorporated Area General Fund.
Meeting Date: 12/14/2021
Prepared by:
Title: — Capital Project Planning, Impact Fees, and Program Management
Name: Farron Bevard
11/08/2021 8:14 AM
Submitted by:
Title: Director — Capital Project Planning, Impact Fees, and Program Management
Name: Matthew McLean
11/08/2021 8:14 AM
Approved By:
Review:
Growth Management Operations Support Raquel Ovares
Procurement Services
Farron Bevard Level 1 Purchasing Gatekeeper
Growth Management Department
Lissett DeLaRosa Growth Management Department
Capital Project Planning, Impact Fees, and Program Management Jessica Arencibia
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell
Capital Project Planning, Impact Fees, and Program Management Matthew McLean
Growth Management Department
Trinity Scott Transportation
County Attorney's Office
Colleen Greene Level 2 Attorney Review
Office of Management and Budget
Debra Windsor Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher Additional Reviewer
County Manager's Office
Mark Isackson Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig Meeting Pending
Additional Reviewer Completed
Skipped 11/08/2021 1:56 PM
Completed 11/09/2021 11:21 AM
Additional Reviewer Completed
Additional Reviewer Completed
Additional Reviewer Completed
Completed 11/15/2021 12:12 PM
Completed 11/16/2021 8:30 AM
Completed 11/16/2021 8:43 AM
Completed 11/16/2021 9:10 AM
Completed 12/01/2021 10:25 AM
Completed 12/06/2021 11:32 AM
12/14/2021 9:00 AM
Packet Pg. 1279
16.A.29.a
NAPLES MUNICIPAL DOCK
RECREATIONAL LICENSE AGREEMENT
THIS RECREATIONAL LICENSE AGREEMENT (the "License Agreement") is made this
day of , 20 , by and between the CITY OF NAPLES, a Florida
municipal corporation " ity"), the adAress of which is 735 Eighth Street South, Naples,
Florida, 34102, and -'\! ly ("Licensee"), whose
address is 3zwFi_ 341 r2
For valuable consideration, the receipt and sufficiency of which is mutually
acknowledged, the parties hereby agree as follows:
1. PREMISES/LICENSEE'S VESSEL
1.1 City agrees to permit the Licensee to use Slip # (the "Slip"'), located at the City
of Naples Municipal Dock, 880 Twelfth Avenue South, Naples, Florida, 34102 (the
"Municipal Dock"), which includes the right to use the Slip and the non-exclusive right to
use, in common with other users at the Municipal Dock, and the public, its piers, wharves
and loading platforms and the improvements constructed on them. The Slip and Municipal
dock are located within the lands leased to the City pursuant to the Sovereign Lease (as
defined in Section 6.5 below), said lands legally described on Exhibit "A" attached hereto
and incorporated herein by reference. The Municipal Dock and location of the Slip are
generally set forth on Exhibit "A -I" attached hereto and incorporated herein by reference.
Licensee agrees that the City shall at all times have the right to determine the nature and
extent of the Municipal Dock and Slip (including, without limitation, the right to modify
or revise the descriptions of the Slip and Municipal Dock attached hereto as Exhibit "A"),
and of making such changes, rearrangements, additions or reductions to the Municipal
Dock and Slip that the City shall deem proper, or which are made as a result of any federal,
state or local law, rule, regulation, guideline or order.
1.2 Nothing contained herein shall be deemed to grant an ownership right, leasehold interest,
tenancy right, or any property interest of any kind to Licensee in the Slip or in the Municipal
Dock. There is no agreement to create a bailment of any vessel. This agreement is merely
a license for use of a slip at the Licensee's sole risk. The City shall not be liable for care or
protection of the Vessel at any time, including but not limited to any related gear or
equipment.
1.3 LicerWe Information
NAME: 2L Tax/ID:
ADDRESS- 3z99 � 'IZR 1L IRL, '57-E 7(X CITY: s STATE: L, ZIP: 34 112.
HOME PHONE: (__)
FAX:
EMERGENCY CONTACT:
BUS. PHONE: ()
EMAIL:
PHONE:
The term "Slip" includes the open water, submerged land, and abutting dock.
c
m
E
m
as
L
Q
0
0
z
O
U
N
LO
0
r
c
m
E
U
0
r
r
Q
Packet Pg. 1280
16.A.29.a
2.
3.
1.4
Licensee's Vessel. The following vessel shall be hereinafter
"Licensee's Vessel":
VesselcU•60AI Slip#
VESSEL NAME: �� `�/ FL. REG. DOC. # F 0Z �'
MANUFACTURER: ►1 1 U-A5— �lYEAR: Zo 1
LENGTH: Z% 0) BEAM: � � 11 DRAFT: / I `l I
INSURANCE CARRIER: %ari
HULL SERIAL # tt ► V� -1 S kL S 1(D
CIRCLE TYPE OF OWNERSHIP: Individual Partnership Corporatio
CIRCLE TYPE OF VESSEL: Fishing boat Sailboat
referred to herein as
EXP. DATE: to l I 1 v
n
LLC ther _ ( I
they '
Licensee must own a controlling interest (greater than 50%) in the Licensee's Vessel.
Licensee must provide proof of ownership interest in the Licensee's Vessel prior to entering
into a License Agreement, upon any change of ownership of the Licensee's Vessel, and any
time requested by the City.
OTHER OWNERS:
%).
1.5 The City reserves the right to reassign Licensee to another slip within the Municipal Dock
that is of at least equal size to the Slip, upon ten (10) days' notice.
AUTHORITY
2.1 The City Manager or designee shall be authorized to execute, administer and provide for
notification of termination of this License Agreement.
2.2 The term of this License Agreement shall be an annual license with an automatic annual
renewal by the City unless terminated by the City (upon 10 days notice) and shall not
exceed five 5 year(s). The term shall begin on the day of ,
20 (the "Commencement Date") and shall end on the day of
, 20 (the "Expiration Date"), unless sooner terminated. This
License Agreement may be terminated by either party upon 15 days' notice.
2.3 Licensee acknowledges that Licensee has no renewal option or renewal right under this
License Agreement and that upon the expiration or sooner termination of this License
Agreement, Licensee shall immediately discontinue use of the Slip.
LICENSE FEE/SECURITY DEPOSIT
3.1 Upon signing this License Agreement, Licensee must pay the first and last month's License
fee, and a security deposit equal to one (1) month's License fee ("Security Deposit").
3.2 Use fees shall be paid in advance and shall be considered delinquent if not paid in full on
or before the tenth day of each month. In the event any use fee shall remain unpaid for 30
days after the same becomes due and payable, the City may terminate this License
Agreement.
r
Q
Packet Pg. 1281
`�0 t t-, 16.A.29.a
3.3
Subject to adjustment as set forth in subparagraph 3.4 below, the "License Fee" for the
right to use the Slip includes the following:
Annual License Fee:
— sZLA
Annual base license fee:
-9� plus
$
P5Z • &--) k 1Z fMQ714%
4Q
1
Total yearly License fee due
$�
fee shall be payable monthly as follows:
M installments base license fee
$ plus
nthly of
lip• 36 X qb'
onthly electric charges may include a
$ TBD ,
base charge plus a metered usage charge
NO 7-ftK
�.
Total monthly fee due (does not include charge for electric)
$�DSz
3.4 As of October 1 of each succeeding year, the City the City may increase the base license
fee. The City may also make cost of living adjustments to the current base license fee gkell•
(upon 10 days notice) aadnfiw as follows: The annual base license fee may increase by the
greater of: (a) two and 1/2 percent (2.5%); or (b) the percentage, if any, by which the then
most recently published CPI figure shall have increased over the CPI figure for the month
occurring one (1) year prior.
3.5 All payments shall be made without demand at the City of Naples Department of Finance,
735 Eighth Street South, Naples, Florida 34102, or at such other place and to such other
person as the City may from time to time designate in writing and shalt be received by City
no later than the 101' day of each month.
3.6 When the License Agreement begins on a date other than the first day of the month, the N
first month's License Fee shall be prorated. However, any termination shall not be prorated,
for any partial month.
m
3.7 A charge of five percent (5%) of any fee amount that is not paid when due shall be assessed
each month such fee remains outstanding. Payments received are applied to the oldest past a
due amount.
>
0
o
z
0
U
3.8 The Security Deposit will not be kept separate from its general funds. The City does pay
N
o
any interest on the Security Deposit. If Licensee defaults with respect to any fee in this
License Agreement, the City may apply any part of the Security Deposit for the payment
;
of the fee owed, or to compensate the City for any other loss, cost or damage that the City
E
may suffer caused Licensee. Application of a portion of the Security Deposit does not cure
M
U
a
r
r
Q
Packet Pg. 1282
16.A.29.a
4.
5.
any default unless Licensee pays an amount sufficient to restore the Security Deposit to its
full amount.
USE RIGHTS/NO POSSESSORY INTEREST
4.1 In return for Licensee's proper performance of all obligations, City shall provide to
Licensee use of the Slip in reasonably good condition, and without unreasonable
disturbance.
ASSIGNMENT
5.1 Licensee shall not assign, sub -license, transfer, mortgage, or otherwise dispose or
encumber the license or any rights granted herein.
6. USE
6.1 The Slip is to be used for docking or mooring space for recreational vessel purposes only,
and only for Licensee's Vessel.
6.2 The Slip is to be used at the sole risk of Licensee, and the City shall not be liable for the
care, protection or security of Licensees Vessel, Licensee's Vessel's appurtenances or
contents, or for any loss or damage of any kind or nature to the Licensee's Vessel,
Licensee's Vessel's appurtenances or contents, due to fire, theft, vandalism, collision,
equipment failure, windstorm, hurricane, rains, other weather, casualties, or for any other
reason. There is no warranty as to the condition of the piers, walks, gangways, ramps,
mooring gear, seating, or electrical and water services, and the City shall not be responsible
for any injuries to persons, businesses, or property occurring upon the Municipal Dock for
any reason.
6.3 This License Agreement is subject to a Sovereignty Submerged Land Lease Modification
(as may be further modified) with an effective date of December 15, 2016, between the
City and the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (collectively "Sovereign Lease"). Licensee agrees to abide by all the provisions of
the Sovereign Lease, and any amendments, renewals and modifications to the same.
6.4 Further, Licensee agrees that:
(a) Licensee's vessel shall be registered and titled according to the laws governing
vessels at its Hailing Portz;
(b) Discharge to surface waters of Licensee's Vessel's sewage is prohibited;
(c) Liveaboards at the marina are prohibited and the Licensee's Vessel shall not be
used as a liveaboard. "Liveaboard" is defined as a vessel docked at the marina that is
inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days
within a thirty (30) day period; and
(d) Licensee shall comply with all laws, ordinances, rules, orders, regulations, and
See, 46 CFR 67.119.
c
m
E
m
as
Q
0
0
z
0
U
N
0
r
c
m
E
U
0
r
r
Q
Packet Pg. 1283
16.A.29.a
requirements of any governmental agency, including, without limitation, the Naples City
Dock Marina Operations and Management Plan with Rules and Regulations, Exhibit `B"
(collectively "Government Regulations").
(e) A violation or failure to comply with any provision of this Section shall, in addition
to and not as a limitation of any other remedy of the City hereunder, entitle the City to
immediately terminate this License and remove the Vessel from the Slip.
6.5 Licensee shall not do or permit any act that conflicts with provisions of any insurance
policies covering the Municipal Dock.
7. UTILITIES
7.1 Utility fees may be charged, including without limitation, electricity, water, cable,
telephone, internet, and wifi (as determined in the City's sole discretion). Such charges
(including any and all taxes) shall be considered part of Licensee's monthly License Fee.
8. REPAIRS AND MAINTENANCE
8.1 The City shall be responsible for the repair, maintenance and reconstruction of the Slip and
the Municipal Dock in a good, tenantable, and structurally sound condition, unless needed
repairs and reconstruction are caused by the negligence, wrongful acts or other acts of
Licensee, Licensee's Vessel, Licensee's employees, guests, agents, visitors or invitees.
8.2 In the event the dock, or any portion thereof, shall be destroyed or damaged by fire, wind,
water, weather, war, or other casualty so as to prevent the use of the Slip for the purposes
and during the periods specified herein, or the dock and slip cannot be used because of
strikes, Acts of God, or other causes beyond the control of the City, then the License shall
terminate and the Licensee waives any claim against the City for damages by reason of
such termination. The City shall not be obligated to repair or rebuild the premises, but may
elect in its sole discretion to do so.
9. CITY RETAINS POSSESSORY RIGHTS
9.1 The City has the right, at all reasonable times, to enter upon the Slip to inspect, maintain,
repair, or to make reasonable alterations to the Slip. The City may not unreasonably
interfere with Licensee's use of the Slip. The City retains the rights to exclude vessels that
are not on file as having a current License Agreement.
10. ACCIDENTS & EMERGENCIES
10.1 The City may move any vessel from one location to another during emergencies such as
fire, sinking, storms, or an operation where room is required to discharge management over
the City Dock. All collisions, accidents and casualties, including sinking, are to be reported
to a law enforcement agency having jurisdiction within twenty-four hours of the incident,
per section 327.30, Florida Statutes. Any sunken vessel must be refloated or removed
within three (3) working days after appropriate notice to the owner is given for removal,
major storm damage is an exception. If the vessel is not removed within that time, it may
be removed by the City at the owner's expense.
r
a
Packet Pg. 1284
16.A.29.a
11.
12.
13.
14.
15.
INSURANCE
11.1 Licensee shall maintain Public Liability and Property Damage insurance coverage for the
Vessel that includes fuel and oil spill liability with limits of not less than one million and
no/100 dollars ($1,000,000.00), subject to future increases by the City, per occurrence,
naming the City of Naples as an additional insured. Licensee shall maintain ongoing
compliance with all requirements of the City's General Insurance Requirements as may be
amended from time to time, and provide the City with a copy of the insurance policy
evidencing satisfactory coverage and naming the City as an additional insured upon
execution of this License Agreement.
11.2 Any contractors employed by Licensee shall register at the Municipal Dock office, provide
a valid business license and proof of insurance in compliance with the City's General
Insurance Requirements attached hereto as Exhibit C. prior to beginning work.
LIMITATION OF LIABILITY/ NO CONSEQUENTIAL DAMAGES
12.1 The Licensee and the City shall respectively be responsible for liability attributable to or
resulting from the acts or omissions of such party; however, notwithstanding anything in
this License Agreement to the contrary the City does not waive its sovereign immunity.
12.2 Under no circumstances will the City be responsible for any consequential damages,
including but not limited to those arising from termination of this License Agreement,
inability to use the Slip, lack of utilities, injuries to Licensee by other licensees or invitees,
injuries from storms, or any other casualty or event, no matter how foreseeable such
injuries.
TERMINATION UPON SALE, LEASE, RENOVATION OR REPLACEMENT
13.1 In the event of. (i) any sale of the Slip or the Municipal Dock by the City; (ii) the assignment
of this License Agreement by the City; and/or (iii) any renovation, In the event of (i) any
sale, or sales of the Slip or the Municipal Dock by the City; (ii) the assignment of this
License Agreement by the City; or (iii) any renovation, replacement or removal of the Slip
or Municipal Dock by the City, the City shall have the right to terminate this License
Agreement.The City will endeavor to provide one hundred and eighty (180) days' notice
to Licensee.
RULES AND REGULATIONS
14.1 The City reserves the right to adopt and to amend ordinances, rules and regulations
regarding the Slip and the Municipal Dock.
14.2 Licensee has received a copy of the current ordinances, rules, regulations and policies and
agrees to abide by them and by any amendments to them.
14.3 Licensee shall not use, nor cause to be used, the Slip for commercial chartering purposes
of any kind. All restricted vessel activity at the Municipal Dock shall be scheduled in
advance with City. The City may charge additional fees for such uses.
DEFAULT BY LICENSEE
c
m
E
m
as
a
0
0
z
0
U
N
LO
0
r
c
m
E
U
0
r
r
a
Packet Pg. 1285
16.A.29.a
15.1 Licensee shall maintain at all times a civil relationship with the City, with other Licensees,
and with all persons on the Municipal Dock.
15.2 In addition to any other default as so defined by this License or by law, the following events
shall be deemed to be a default:
(a) Failure to timely pay any installment of the License Fee or other fees.
(i) If, any fee or any other expense is outstanding more than ten (10) days
after the due date, the City will issue a Three Day Notice to Pay. Failure to pay
within three (3) days of sending the notice constitutes an immediate termination of
the License;
(b) failure to comply with any insurance requirements, or any other term, provision or
covenant of this License Agreement;
(c) desertion or vacation. Absence of Licensee's Vessel for more than thirty (30)
consecutive days, together with the failure to pay the license fee as required herein,
constitutes desertion or vacation. Vessels absent from their Slip for emergency or
major vessel repairs will not be considered desertion as described herein, provided
the City is notified of such repairs.
15.3 In the event of any default by Licensee under the License Agreement, the City may, at its
option and without limiting any other right or remedy:
(a) Terminate use of the slip and enter into a License Agreement for the Slip with
another party. Licensee shall remain liable for and shall pay to the City all the all
fees accrued to date of default, plus any accrued interest, costs and damages.
Further, Licensee shall be liable for any License fee and other monies due and
owing under this License Agreement accruing after the event of default (including
the difference between the use fee and other charges stipulated to be paid
hereunder and what the City is able to recover from reusing the Slip). In the event
the City enters into a new License Agreement for the Slip with another party,
Licensee shall not be relieved of its obligations under this License Agreement,
including, without limitation, the payment of the use Fee hereunder to the extent
the City is not made whole by the new licensee;
(b) Terminate the License Agreement and reassign the use of the Slip along with an
legal action; and
(c) Pursue any other remedy provided under law or equity including, without
limitation, those in this Lease Agreement.
15.4 Failure to provide written notice of default shall not constitute a waiver of any rights.
15.5 Unless otherwise prohibited by law, if Licensee becomes insolvent or if bankruptcy
proceedings are instituted by or against Licensee before the end of the term of the License
Agreement, the City is hereby irrevocably authorized, at its option, to cancel the License
Agreement, as for a default.
r
Q
Packet Pg. 1286
16.A.29.a
16.
17.
15.6 Licensee agrees that the mooring or dockage provided by the City is a "necessary" within
the meaning of the Federal Maritime Lien Act, and that the City, in addition to relying upon
the credit of the Licensee, shall retain a maritime lien against the vessel, its appurtenances
and contents, for all unpaid dockage, fuel, electricity, water, hauling, and other maritime
"necessaries," including but not limited to delinquency charges, and for any damage caused
to any dock, piling, or any other property of the City. The City may use non judicial sales,
pursuant Section 328.17, Florida Statutes, for recovery of any City fee or lien.
15.7 If Licensee fails to vacate the dock or mooring space within ten (10) days after Notice of
Termination by the City, Licensee hereby grants the City permission to board the
Licensee's Vessel and move it to a location to be chosen by the City, at Licensee's expense,
and to discontinue Licensee's use of the docking space. If it becomes necessary to move
Licensee's Vessel, for safety purposes or otherwise, and Licensee's Vessel is unattended,
the City is authorized to effect the necessary move at Licensee's expense, which costs shall
become a part of the use Fee for docking and mooring of Licensee's Vessel. This is in
addition to any remedies available to the City provided by law or other provisions of this
License Agreement. Licensee shall hold harmless the City from any damage, liability,
claims, causes of action and suits imposed by the City pursuing the remedy set forth in this
Section 15.
15.8 For violations of rules and regulations other than non-payment of the use Fee or other
monies due and owing under this License Agreement, the City will provide notice and
opportunity to cure or to challenge action taken, as set forth in the rules and regulations set
by City, as they may be amended from time to time.
15.9 Upon conviction of Licensee of any felony, Licensee shall be in default, this License
terminates automatically, and Licensee immediately must vacate the Slip.
DISHONORED CHECKS
16.1 All checks returned for insufficient funds shall be subject to a service charge equal to the
greatest amount the City may charge pursuant to Section 166.251, Florida Statutes (as may
be amended from time to time).
MISCELLANEOUS / NOTICE
17.1 Time is of the essence as to all the terms of the License Agreement.
17.2 Written notice, mailed or delivered to the address for the Licensee listed in Section 1 shall
constitute sufficient notice to Licensee, and written notice mailed or delivered to the office
of the City Manager shall constitute sufficient notice to the City, as to all instances herein
contemplating notice.
17.3 The rights of the parties shall be cumulative. The failure of either party to insist on a strict
performance of any provision herein is not a waiver of such provision in any other instance.
17.4 Licensee shall be responsible for and shall promptly, upon demand, reimburse the City for
any and all costs necessary to repair any damage caused to the Slip and/or Municipal Dock
by Licensee, Licensee's Vessel or Licensee's employees, guests, agents, visitors or
invitees.
r
a
Packet Pg. 1287
16.A.29.a
17.5 Licensee shall in and around the Municipal Dock comply with all directions and orders of
the City's Harbormaster and designees.
17.6 Licensee shall comply with the provisions of the Florida Clean Marina Program, comply
with all laws, rules and regulations concerning the protection of the environment. Licensee
shall reimburse the City for any damage, expense or liability incurred by the City due to
Licensee, Licensee's Vessel or Licensee's agents failure to comply with such laws and
regulations or due to any pollution created, or contributed to, by the Licensee. Licensee
shall not release or permit to be released any hazardous waste or environmentally
objectionable substances, including, without limitation, oil, gasoline or treated or untreated
sewage ("Hazardous Substances") into the waters or land of the City, State of Florida or
the Municipal Dock. Licensee shall immediately notify the City of any such spill or release.
The City may take any action it deems appropriate to clean up any such spill or release at
Licensee's sole expense. The costs for which Licensee and Licensee's Vessel shall be
responsible include, but are not limited to, the costs of any booms, absorbent pads, disposal
of the Hazardous Substance, cleanup by oversight of governmental agencies and City
personnel and/or use of outside contractors.
17.7 Venue for all claims brought pursuant to this License Agreement shall lie exclusive in
Collier County, Florida.
17.8 If any clause or provision of this License Agreement is or becomes unenforceable for any
reason the remaining parts of the License Agreement shall not be affected.
18. ENTIRE AGREEMENT
18.1 The License Agreement constitutes the entire agreement between the parties. No
representations, warranties or promises pertaining to the License Agreement or any
property affected by the License Agreement have been made by, or shall be binding on,
either of the parties, except as expressly stated in the License Agreement. The License
Agreement cannot be changed orally, but only by an agreement in writing signed by the
party against whom enforcement of any such change is sought.
a+
Q
Packet Pg. 1288
Nrs,f
CRYSTAL K. KINZEL, CLERK
BY:
In Witness whereof, the parties to this License Agreement have hereunto set their hands at Naples, Collier
County, Florida effective the date first above written:
WITNESSES "LICENSEE":
(Print Name:
(Print Name: )
By:
Name:
Penny Taylor, Chairperson
Title:
Approved as to form and legality
STATE OF FLORIDA )
) ss:
COUNTY OF COLLIER ) Scott R. Teach, Deputy County Attorney
The foregoing instrument was acknowledged before me this
by , as of
a , on behalf of the
to me or ( ) has produced
(SEAL)
(Print name
(Print name
Attest:
City Clerk
Approved as to form by:
City Attorney
_ day of , 20_,
_, who. ( ) is personally known
as identification.
NOTARY PUBLIC
Notary Name:
My Commission Expires:
"CITY":
City of Naples
By:
Name:
Title: City Manager
16.A.29.a
c
m
E
m
a�
a�
a
0
0
z
0
U
r
N
LO
O
r
r
c
m
E
Packet Pg. 1289
16.A.29.a
pav 1 _ ul ! 1144c.
%slI tit) II,W0I1c6t
EXHIBIT A — PAGE 1
Lf CA �: Ag 5CR1J•IU�'
tff.la_LAM
I'M -IMp+.%'i U 'lli e� 1 '^f `fTie•,+l iG'ar•Oa Yi !l•C lY -It :'.•t .t C�apa 1(,KaiM �l taw6)eft
.�ia.�1t��[li�sWf h'wn 7t -0 ► I.OJ, 7 Y �:.a. tr MM.ii u IILC]Y,a A .•.r' alit . r•.Cr e � Gf
& 4t ro.Mq �• II,O .'.q� � W � ft_iM tC, `t;M.'9•M 10 ux �e .XXQ " r.ST .lC 4M: Y�1f
RNrtr. s z wf o, ttt" r&P ► r.i I }, r avur e.c -JN• uo K-4 M .rsnvc11. ar •,t
;. K .0 urea` L, 7 a.• �+(7 ti ar, a0-la sea -A%
l.or tlofw 7 >N ula y a.e 1a• a tltot • .rfr rt wlea,,�or , . alnMroc v opaw*�*o c
-am WWII etr ..O,p .W. OF fA4 Doo4[t t..,Caf�W-M 7.w Pr" v oc POW Cr ove -a
79400 'a'.
a 4Ela :' N O OO.eMd" %ou K M i ML a�7lDG !AMt MG '7 uW agar rp y . fALT.Ka O
•For� vo- M' w tvu. .r nLn.. onwuor n t w rar
• li V" 7 L14 % r 1 t: - Mft OFasirms
A a atrOaQ ar 1aLi r¢; *oR tOtlTM Oa7[tO' WSt . f mm W "I
ray r u . om user ter• . x,. r a. as -00 etotta aan tNrtl [ar . tir.fet Y MM •W lL a M,
arfi,r tAa• . enr x r In a. roI ; 90-a fa<l rrl.er [.W natws 7 uM rQ1• 9pq am,_w aasr r aw .
SMACK Or •ntt • r. MO.�Y VM- 0.7taf VW a MrPwZ of ai.M OW-41M2 wbM My'DO• VW . OrawQ 7 I+7.r
•QT, ftt\at .-tOa1 w1.•tr tat' • ret-a.0a 7 mot nm, etpnCa .ras of-ou- ter . srWA v fx.r. 'a', '"aW1,
fraO77' aQ' a or�.Er. at M., .7T b IQ aa►, > ta.rrq
_t .a' : -*24= u..v P WIL xp ,"d , ttt7ala ■0 W. pal OP S at 'tin NO.0 OA . m
ti aL ML r721ET
y.M" 9clAafE w R[ IO.I-G d WL-I' it 7 ne; e+"SA..../r':7.tb+t« r n
Jc rs M C.R O r•L.p. tttr rrw r.1/(1 .a a+
`'�fK •• M ,if*.rp� trilaP ?W a SZOK 7 7 140 ' " 7 .IALY Lwl PC%T ta. a>Orla '%a .rft/ tp of PC t.i aA1r or 1077ItJt W !l1h a sp^ AM 7i a.a/1�T fit' v till u Gr rR
vtaT '7D'�� K ut�Ta �oYa sas /win w+aa• PIMA . a- aI be •o' 1, ACUL,•
* alma l�Datp foar laar ►aat'aw r ate a{ic RozoM v a R.Mo
,ore. ac aw �? 1►arta f�1�1�a 0aa�
aa'Taa7 m a/ 01ita ar 1K ��rST00or MO *f br• o► = II�,a�•aQ Y r y IQT ! tl! 4ia'a�7'taa t/�. nta
" . � WWT �"SAD L.a[ h11:1M �00,. stn.V ta1C se�RJ "Of a D"MCa OFmoc rh` `C 1 njPQ-vQ, Mn
Mkom M Iat a' 5tbi D MA CM-aN ODOI *R IQ_, Wo lee ,'71
. WN 8.7n.: UJ' . DC.FCa R LLlt ta-
fOOe, W 1.7a'7{lT a pftarl 7 •1 M IQ+'t . M,- Or TI(-tDifMM.' COOT 7 •.a > �s 'Oft" WOK
./OC
fOttY .00F Ytr'aa W' ..L.i K .'!'-ttRr ItQ of t&M Or SM7 Soy" X01 . Oa.a or MaKMAIM a,il MOa: M►t J.-CK ,tn•
a W um Cr uo tv"'. PA �[ •C.,a.O.: '.0 ,t>
tall- at'7w far . b•.ra0t M ,LM "n.
to m- a.7-lt V . b1.e4 Or am mr rC . ra►• D. ,la r•a4t., tLt a OCe7• 7 t.a. f7aai.^ DOM '.p1tr &W4 ae r-D
r no Q. ate Mama tow -a ro-1448 'Act (a) -ft�
M-y arm aatl a 1"'Amm to 1 M :W%
•1M1M arrra 9W a be"= Cr 1414 raa1,
rafwt grant for . b7rMq r ' M rat w Olt atxrrt.• mat of Otat or .r CA, aac,
t R � d r0 v y M ttOtll "PCX A.Qaa'p- C �O' OW V S V, . O Kp ^ 7 air fQ' f0 A -'l.lr q- Ila
Mt1- f~ Y W. 4p ,7hAt .90, 1t MA. '1-U (3) OW" a
M•=M�a.fl . n.t.rtt v
MWW VOWW [wt• . td*Wft a tar [taro
'O* atrtraa ow . trstwR 7 l v 1W m 14 •f-v*'l.\T Mat or WO.. Of 1K tK!irp tar..
"e1•a •aaa, 4 2 M ON` Mm K ""Talk, Litt of Wa s YID taorm agar t1a7Mta Or aM Ra- '0 l r97P a+ tt(
OWN O 1K 7 olDt v 'W SOAM Soot SCW •n.a We COM 7 IM 7 aaa - 41, afer 4 rr,Mr waP a)' tWtep
"fl "an gar . O71TM'S 7 i47 M-
10OA 0-l7Va gar ♦ Wq.% 7 3W ou,
AIWF x " 11W 1 MT-P-M r 1 L! fQT rC t,rt "MM.' ¢Q , Mem a 1d (.*rl N avq •mm •Oa'. M`rM or I.O.0 11M-4"Cra" am a Df�- M tr1 troAw7 Ord . mwlct 0' rQv rQ+ iq ♦ Mi.' C', Lt
SOLIO[` an CI A r /e -17aIQ Odor. '1,CQ 47rt a( t'tq r i7t ,% SW r'ri-C, COd �,C nulw,;• 1flt i" Ckasl3
a0.:7N aa'Sfi a.s* . pO'Nq 7 M rm
[del M7Ti q7 ► al/,.er¢ O O+t' RY" T ,Tf FIV=CeM% "' T.a %Wl" &a :'nal:cetl, 7 Twa IN' IM r 3CM 0,14t
d1aA1a Da01. 'CAM Will- aavO7r EW a ovkw Cr l.M rQ* b MI atlmml= . . OF T.a SOW DPLT MC rwvm• mW C• L.0
tttrae eo • Magmas ♦o.. 1K W l mu ar we M Yi Daiwa me .a eeuo..a fR'e. a..c,r w- . ntT.-.O[ Jr af.F •ttl {Mn t am""
M:^}. Cell" • a.t' . a,O,MCE v 79F "n
sw. Oe7tttl LW a Wewa ar a 1 Mi!
W Y.Ya3 LW . MUPC7 7 -t 11. ,M*
Op. >w O.7/Y tar • 30,_GE 7 Leg R
NOM m as ar . REV - a Or M a eaa• b �t o?a a, .0- Cr •a lAC?Uk` .-C KV qW,:. q= 0' S+, awreva COO,
am loom to a00t 7 afC L'/ f!r1 iM M•'a,iR._" 7 as swift, W ,.CORi1., loon Cr me tKw:
r a` ! MM 006S. anra KV . lo%M aa0 nr% Mal- Or,7M A�, �7 ~L7 rMr lqm i
arrMtM if M 73 "BIP ol. fu#%raP tr a safer" s MO rat'. MWW M'ilf Mr . Celt[." S ,a•• atN ,r of a
tpr aaat, �r� ar.Qr' T . Opait 0.,
tr�a.fet irQT Tn tKer, OY �� • Mae v O"a Y pewa aooa. ttMt Or a� s tip
ntlara atoa +r •a.ar.. fate ,I
1Qb 877147 CW . 141-M 7 -ao nQ-.
WQa ' MW atr . soon[[ v -a '. rt�T •C . MY! C" RK Ri' COX ✓ WX Dr'< 'ma" &X%
O•J1r� • no M M@WWW0. of '1t Qr!'Ma�Ptp-� Y +CaC '4 ma7 # d I.c tR+rMO CCCr tu•cv7 wt[ ;1
tit*��Ml tea CW . lbel-r t •l 1.1. -Q•:
.00e- 2"" tttr • MTAOCT 7 30w n(P•
ate a7 tt7 OW • Dt AMN at 1.11 I C. a0p t t7 K CT. 1Vm .l' ^IC, O, nl. ✓
Am ebb aM Of Oai� C PC e' Mat 1t W .t.AtG OF Sl0 f3ft L" EJG . 3WT M OF M ra' T a ►Ol1 D, 'K
�[ am 7 KM 7 Sul rav%4 Dear /t f9t._`tr,at -Kr :a:
.OST' at'Wt7 t.Sf . 31S*.r.Ca ,N ' a . , nn
.�.• a W40 a[r . OOTNrt 7 She. ru-n
•'9JR a_••D/.a %"' . Co,Mq IF 'IS-- ett' •:. rCNt 'J. K gal• 1".at J 7tOt H 7+! rlr.ri CM-;
O• am a, �pr.M.7p 1 O t r M Cttr y t..r f9\fa OM . USTN+Y Cr 440 r•R >O..' a. 7K MAM ♦D,t "f mm Cr LTG 7 S.f !n^.frt w�G '•-f IDU JaaQ MOST 7;
�tf1, 471-01 W' . paT.-.f( or • S H 'Er.
'•7� OO�..D In.. W.nv d ef.ty rat+,
fp,b ► r'# r!r . Dt-.apt d 1. ,� rLr•r 7 l O9Nt 0. ',K On' tb-tt 7 Offs d T� lost(l OOCK
LAE
C
.y
O
R
E
U
d
L
d
N
�L
O
C
O
Q
Q
Cu
O
C
O
R
C
O
E
O
c)
0)
W
N
LO
O
r
r
C
d
L
V
R
r
r
Q
Packet Pg. 1290
16.A.29.a
0103
'IID.C1 nOr tH D!]: !!'t65' A or1tAAICE Or 1.b7 F:t TO A PONT On 'ttt syli+Cn:r fIIS or DEC. Or T1et UOs�W DOCK, fT� -
,C tM , OCCK Cf SAX ETii-M DOCO TeE r01LrAaa0 e4&f (!1 aCUTt/<s
uptTn gyl'WEAr A WAPXt ar 14',O rt1e7.
nCIATu Ot9F•t''WT A CWAAACL fJ 1tN Mgt' M[ W, E7X a DECK OF T,E FV"A oax
tW1M L!'t.'11 Or { OjTAnQ Or ,A:i /tYT 'a • r ETA rON' ? T'+l NOIT-�4r LDt Or 0101 { 'MC CX%TW G DOG%. TKkCC A.O"G
'OEAIQ t.pt N 06g2'JI!'TKii A OfTA00 1w r0lo MC T-00 (7) CM 120
nt ooc v ocae or 1AIC L �`
T.ORTM Sn,'17'LAr A dit-W of 0.0 ray
001{1, Drr!"1Q' A a11TARM Cr 0..• FW1 y CvX a IMe rasa Door;
•O A PMT OY Ihf nt.T ► woo
v or O[?I Or T79 etc"-' OO ✓I r�tr•rCE ALOE
f01lF M13'51 Ow. • �11M Or ' K 0 rIIT 'O A •Q!%T ON ?rit 7AorbQR tDZ
%aa AIOfn+ MU31"YA �� 1t /OLlul 1 t eAlt2 <�) CJ 1At3
1E Laa 4 am Cr We clt,OM
k%-A 1•SY11 L*r A OO"•1Q Cr '4.10 1a1
.cpN 0.1eOt'ai' A o'JIIQ Or aiy " ' Mr !a A par' CM rft trsf CD9F d XCX a'K
vi% 5,43 i gar, gr A OICF 14 d >M r[I T TO A cant Ch T 4 i � ira or net DiCAC OFAC Cas»ro a x; t40ADi
tmosmOtl 11L WK or Om d Wo L DOEtc TK rplOrw.a 'N,ALL {J
+t'111t M 1M L1{' A 7M' AAIT Or i a3�
A".ATII ww-j -W ► ii1'TAOM Or 1114 /grT. a; p' Ottf CY 1E ►OMOV OCOOC
11.TN i'7f1. 1Qt A MITWM Or 'ar rO1 TO A ►OMT ON! R1t ar TK T,Vt^'vt, L7O C.DECK 0, Ti[ Ey"O 00Qk; nE"•CC ALOna
ML.M Mam 0 W 36 FOr A OOTAOM W ' r6: TO • PM!
w ar Ot'al CF.%Mt na" W- w 1'Q-UN" T10
M a
rOR1. OSW%2 tAT A aliTN.R ac Il1i Q ro IT{ pTLNt:-'n7n tlil 1Mr i0..'+• coat J�.tA"s K "�' rAaAn Mc
pne0011VAA'ar rAw-, -09, AN ve mi- No str AQ{Y Oypit,AM LeK or taAa [AtlTr•0
17ALO1tM M10 :C M Ort'M COOP.
CA711 M'L�ti �, A ie:7•r� a 111M re ; ,a MM -4 --, (Da 7/ CA171 d
M.q" a17f'1t 1Li A O{T"mmoa or 1A1t ICP TD It7 w�G1xT' TAA<Q Or 7V" r1t' TO K vOrTT d
twArmrDAC1 fA) ., M71't1 tt* A�A.It Trt 10e,TA4LLT a• Rtx Or t•F vas*M. o0Oe • tri
*i 1iO.t'no oD ",WL Owhom a,lt U IaAML �7 a OtM �
OR J31
'OTAI OtIOIMt �A>l+' rAM.t C01'TYr! '1{.117.'! {Oua� ITT OR 1.61! Ali, r0�1
lI)L►.JIi:�:iLSaAw� {, pA �p AS R,CCOM M1 ILAf 000{ 1 PAGt t .7 1Ml
. rdACtl d L04 AcJAMN'It t0Md. :. ICE IG *otllitP C sJt+n+. 11MAtt 1 WT AYi tOIr0 tAOIC
#-a,Ac ,aM�°�TM nosoA
•M euIL• pOelitm •t IAIo'tl r7M* ,� mod TIAL 01011tena: W `K
d To ♦ 10— ' PA CI IAAI.1't' t I NORTH 1.�{��
GOWOAOwC A' K 4,pr MYfST COI11Lr� W.M Are 1.1 W1yur AO' �110Y 1 A O� Or t0 n r�T.. TMOW'S
t y rTAI i �"
u ALa11r ntT oT ,CN�-, ,itd W0WI61 • La7, r Ar0 ITt wttx
awst' np' ► N'WK or sM rat 1a 14 ran a T sw OtTwly.
Nplpt ApAATm at17.C. WLT A AVAMM o° LA.b ray. Ms71CL Ipr1M Y'79!{ W" AIN; P&WI opr tlarint4 T7Oe01
lAf . "onrAArl AID ItR, r,4" 1CV1. 1011t'U' 1tf', , OVMO d RN /O' Ta
'r+i AArif OtlCtlrr+' ��°'� A#&A oattWl /tl1' 10N+,X rn' nA O.OI7t AG11 Ar11t OF LEfi
.terra eAssrll
�11 �t� �.Kt� N IISG:TOG+ M. rCAT tgOAe I rAOE • or lt1
A rA m .NtD ow fix,, 10 TIyAQtA I S
O F Yc�� I0, 'M� 6a WM. RMOt M LWAAL !EM rCK
rArloAArLr at r04A1f+
Ma Or Tt21 L LCaI w O NA}lli Wa ►CR+t Aa1C. R:10 M MtC,•la',Y1i
aaANV,M Al *4 n0A -C' Ate ' ri71eT 01 tMT {/� arA D t�•a {0'%.M t10tC[ r�TM
w' T v i LM w SAC To a Lo0 , re In W'�• PMAitldl
brie or A OIFA.e01 or '1./0 no TO nt rOM• eAI id111e0 fA � Cs3i.1
7tlDlx ha'" W17N• AyiT A paTAxti eY 1.11 Mr. ,WjR n,_ 1+, %t. W A 'Ne P ar sC is rtit. Oct
T . pdT.wQ d fLM Rt :J 'r[ ngwT DI 1[Ourrrl.
LAtt A (UTAAAtc a 1.x rrs*.
THE Astrt CCKIW O Pon -AKA tOb1AA1i M.i.7a 006"}i IiiT � 00'11 AL'Kf raA[ Ca L"!
An—hm m A
P81c li of 77 PVC5
r
Q
Packet Pg. 1291
16.A.29.a
T AA
E�
pm
r z
i z
0
;.
1
N
1
r C
D
;
Z C
cr n
0
t
z
H
`
i
[I[Irrr
1 Z S Z
I
t
!
i
z
. T a i
L
onefit
i
=-`
�r _''�
•.WI,YYI .+�L$�
O
NAPLES CITY DOCK
— .�,..
C103 r ---�`-
:.......�
PROPOSED DOCK DIMENSION,
acket Pg. 1292
16.A.29.a
Ia:nam
NAPLES MUNICIPAL DOCK RULES AND REGULATIONS
(INCORPORATED BY REFERENCE)
Packet Pg. 1293
16.A.29.a
EXHIBIT C — General Insurance Requirements
r
Q
Packet Pg. 1294