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Agenda 07/12/2022 Item #16C 2 (License Agreement with Leticia Arreguin d/b/a Habaneros Catering)07/12/2022 EXECUTIVE SUMMARY Recommendation to approve a License Agreement with Leticia Arreguin d/b/a Habaneros Catering to allow continued occupancy of the snack bar at the Main Government Center campus until such time as business conditions return to normal and staff determines a request for proposal would be productive. OBJECTIVE: To allow for continued occupancy of the snack bar at the Main Government Center for food and beverage sales by Leticia Arreguin d/b/a Habaneros ("Habaneros"). CONSIDERATIONS: Since April 2021 Habaneros has occupied the cafe in the Main Government Center. Due to the COVID pandemic, the caf6 had not been occupied for several months prior to Habaneros' occupancy. As background, Request for Proposal (RFP) No. 20-7782, Food & Beverage Concession Services at Collier County Complex, was issued with no responses received even after the deadline was extended for an additional thirty days. It was then deten-nined that Economic Development Office's Accelerator Program participants should be considered. On January 12, 2021, Agenda Item 16.C.4, the Board approved a license agreement with Big Joe's BBQ, LLC (Big Joe's), an occupant of the culinary accelerator. Big Joe's declined to sign the Board -approved License Agreement. Habaneros, also a participant in the Accelerator Program, was then administratively selected using the same license terms as approved by the Board for Big Joe's. Staff planned to rotate the participants of the Accelerator into the caf6. The Accelerator Program has since ceased operations. The proposed License Agreement is to continue occupancy of the caf6 by Habaneros until such time as business conditions return to normal and staff determines a request for proposal would be productive. The County's Standard License Agreement is proposed. Notable terms: 1) Allows for continued occupancy until either party provides thirty days' written notice to terminate. 2) It is recognized that due to the Covid Pandernic it has been difficult to obtain vendors for this service and it is desirable to continue in the spirit of the Accelerator and continue to give this new business an opportunity. 3) Tenant is responsible to pay $150.00 with 3% annual escalations as a license fee towards monthly water and electric service. There is a master meter for the government center excluding the Courthouse Annex. This amount represents the estimated average monthly cost for monthly water and electric the 712 square feet of the caf6. 4) Business hours are required to be Monday through Friday 7:30 a.m. to 2:30 p.m unless abridged hours are approved by Facilities Management Staff with at least 24 hours advance written notice. FISCAL IMPACT: The monthly contribution of $150 shall be deposited into Fund 190 (Americans with Disabilities Act). GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. Packet Pg. 1048 07/12/2022 LEGAL CONSIDERATION: This item has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for Board approval. -JAK RECOMMENDATION: That the Board approves the License Agreement with Leticia Arreguin d/b/a Habaneros Catering and authorizes Chairman execution. Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Habaneros Catering June 2022 signed (PDF) I Packet Pg. 1049 07/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 22507 Item Summary: Recommendation to approve a License Agreement with Leticia Arreguin d/b/a Habaneros Catering to allow continued occupancy of the snack bar at the Main Government Center campus until such time as business conditions return to normal and staff determines a request for proposal would be productive. Meeting Date: 07/12/2022 Prepared by: Title: Property Management Specialist, Senior — Facilities Management Name: Michael Dowling 06/23/2022 11:31 AM Submitted by: Title: Director - Facilities Maangement — Facilities Management Name: Ed Finn 06/23/2022 11:31 AM Approved By: Review: Facilities Management Facilities Management Public Utilities Department Public Utilities Department Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Jennifer Belpedio Manager - Real Property Ed Finn Director - Facilities Drew Cody Level 1 Division Reviewer George Yilmaz Level 2 Division Administrator Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/23/2022 5:12 PM Completed 06/28/2022 10:28 PM Completed 06/30/2022 8:46 AM Completed 06/30/2022 4:56 PM Completed 07/01/2022 8:23 AM Completed 07/01/2022 8:54 AM Completed 07/01/2022 1:43 PM Completed 07/06/2022 8:01 AM 07/12/2022 9:00 AM I Packet Pg. 1050 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this _ day of 2022, between Leticia Arreguin, d/b/a HABANEROS CATERING, whose mailing address is 4173 Tanglewood Lane, LaBelle, Florida 33935, hereinafter referred to as "Licensee," and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, whose mailing address is, in care of, Real Property Management, 3335 Tamiami Trail East, Suite 101, Naptes, Florida 34112, hereinafter referred to as "Licensor." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1, Demised Premises Licensor hereby offers to Licensee and Licensee hereby accepts from Licensor the use of 3307 Tamiami Trail East, Naples, Florida 34112, as shown in Exhibit "A," which is attached hereto and made a part of this License, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose operating a food and beverage concession. This License Agreement may be amended from time -to -time, by the County Manager, or his/her designee, if the Licensee shall not be available to provide the services included herein, and a replacement Licensee may be selected and not require approval by the Board of County Commissioners. This License is not a Lease and no part of the property, building or equipment therein is being leased to the Licensee. The Licensee is not a tenant. The Licensee's right to operate at the Demised Premises shall continue only as long as the Licensee's operation complies with the provisions of the terms and provisions contained in this License. Nothing contained in this License shall create or be construed as creating a partnership between the Licensor and Licensee and Licensee is not an agent of the Licensor. ARTICLE 2. Term of License Licensee shall have and hold the Dernised Premises beginning on the date Licensor executes this License, hereinafter referred to as the "'Effective Date," and continuing for twelve months thereafter. This License ten-n shall renew automatically unless otherwise terminated at an earlier date by either party as provided for within this License. ARTICLE 3. Compensation Licensee shall provide Licensor a monthly license fee of $150.00 throughout the life of this License, with annual escalations of 3% thereto after the first year from the date of his License, as a contribution towards Licensor's costs for utilities and maintenance. ARTICLE 4. Utili!y Expenses Licensor shall provide water and electric service to the Demised Premises. Licensee shall provide its own telephone, communications, and computer systems. I Packet Pg. 1051.j ARTICLE 5. Termination Either Licensor or Licensee may terminate this License in its entirety by providing the other party with thirty (30) days prior written notice to the address set forth in ARTICLE 20 of this License. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Upon the natural expiration or earlier termination of this License, the Licensee shall peaceably and quietly quit and surrenderto Licensorthe Demised Premises in good orderand condition, subject to the other provisions of this License. ARTICLE 6. Caretakine Licensee shall be responsible to maintain the Dernised Premises and the immediate area surrounding the exterior that may be used by the Licensee, in a neat, orderly and safe manner at all times. Licensor shall be reponsible to make repairs to the plumbing, electrical and air-conditioning systems and the interior and exterior structure of the Demised Premises. Licensor shall allow Licensee to use the walk-in refrigerator and stainless steel preparation table contained within the Dernised Premises at the commencement of this License and Licensor shall be responsible for the maintenance and repair of that equipment. ARTICLE 7. Licensee's Rcstrictions Licensee shall obtain and pay for all necessary permits and licenses to conduct business at the Dernised Premises and comply with all laws goveming the responsibilty of an employer with respect to persons employed by the Licensee, including but not limited to, Food Manager Certification, State of Florida Department of Business and Professional Regulation Food Service License, State of Florida Division of Corporations Registration, Resale Certification, and Safe Serve Certificate (certifcation required for all employees). • Licensee shall be open and operational for business Monday through Friday during the hours of 7:00 a.m, to 2:3 0 p. rn. • Licensee shall notify Licensor (Facilities Management Director) of any unscheduled closings at least 24 hours in advance of closure. • Licensee shall provide food and beverage service and related food items at local competitive prices. • Licensor shall provide all garbage and trash recepticals within the confines of the Demised Premises, including Licensee's access to a dumpster. The Licensee shall be responsible for the pick-up and removal o f a] I tras h and garbage from the Dern ised Prem ises and outs ide area to the d urn pster. • The sale of glass containers is not permitted at the Demised Premises or its surrounding area. The Licensor has a recycling program in place and the Licensee shall make every effort to comply with that program with the disposal of containers and other recycled materials, • Licensee shall not conduct any speical events at the Demised Premises without first obtaining Licensor's written permission. • Licensee shall not park any vehicles overnight at the Government Complex. • Licensee shall not store any products or equipment overnight outside of the Demised Premises. • No tobacco, tobacco -related, alcohol, or alcohol -related products or advertising shall be permitted. Packet ARTICLE 8. Licensor's Access to Demised Premises Licensor, its duly authorized agents, representatives, and employees, shall have the right to enter into and upon the Dernised Premises, or any part thereof at any time, with reasonable notice to Licensee, for the purpose of inspecting the Demised Premises to ensure that same is being maintained according to Licensor's standards and to ensure the initial intent and approved use of this License. ARTICLE 9. Other Expenses Licensor shall be responsible for the payment of all charges related to the Licensee's operation at the Demised Premises, which may include, structural repairs and maintenance, pest control, landscaping, landscape maintenance and electricity used in connection with the activities of Licensee during the term of this License and any extensions thereto, Licensee will be responsible for charges related to telephone and any communications service at the Dernised Premises. ARTICLE 10. General Care of the Demised Premises, Indemni Licensee shall not generate, spill or leak any petroleum product or any other hazardous material or substance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended or any similar federal, state or local laws, guidelines and regulations governing hazardous materials and substances as same may be amended from time to time. Licensee shall be responsible for immediately and properly cleaning up and removing any hazardous materials not existing as of the day this License is signed by Licensor, at Licensee's sole cost and expense in compliance with applicable laws and then prevailing industry practices and standards. Licensee agrees to indemnify, defend and hold Licensor harmless from and against any claims, demands, actions, causes of action, suits, damages, judgments, orders, decrees, costs and expenses (including but not limited to, attorney's fees and costs, consultants' fees, clean up, fines, removal and restoration costs) arising from or related to the presence, discharge or spill of any petroleum products and hazardous substances during the term of this License by persons entering upon the Demised Premises other than Licensor, Licensor's employees, contractors, agents, or invitees. Licensee shall not take any action which causes a lien to be placed on the Demised Premises or conduct any other activity on the Demised Premises, and which Licensee shall indemnify and hold Licensor harmless from and against any loss, cost, damage, or expenses Licensor incurs as a result of any such lien or asserted lien. This indemnity obligation shall survive the termination of this License. Further, if Licensee fails to fulfil[ any obligation of this License and Licensor should fulfill that obligation, Licensee shall be obligated to pay Licensor the cost incurred by Licensor in fulfilling the obligation and this obligation shall likewise survive termination of this License. ARTICLE It. Default If Licensee abandons the Demised Premises or defaults in the performance of any material covenant or agreement herein contained, and such default shall continue for ten (10) days after receipt by Licensee of written notice thereof given by Licensor, or the agent or attorney of Licensor, the Licensor, at the option of Licensor, may declare said term ended and may reenter upon the Demised Premises with due process of law, and remove all persons and Licensee's property from the Demised Premises, reserving the right to re -license the Demised Premises. Licensor and Licensee expressly agree that the exercise by Licensor of a right of re- entry shall not bar or prejudice in any way any other legal remedies available to Licensor or Licensee. 3 Fpacket Pg. 1053 ARTICLE 12. Ass�nt Licensee may not assign its fights under this License without the prior written consent of the Licensor. Licensor is not required to consent to any assignment sought by Licensee. ARTICLE 13. Binding Effect on Successors and Assios The provisions of this License shall apply to, bind, and inure to the benefit of Licensor and Licensee and their respective heirs, successors, legal representatives, and assigns. ARTICLE 14. Surrender of Premises Licensee shall remove any property and improvements installed by Licensee prior to the expiration of this License and shall deliver up and surrender to Licensor possession of the Demised Premises and any improvements not removed upon expiration of this License, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement of the term of this License or may have been put by Licensor or Licensee during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond Licensee's control excepted. ARTICLE 15. Indemni Licensee shall indemnify and save harmless the Licensor from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which Licensor may sustain or incur to the extent arising from the negligent act or negligent omission of Licensee or its agents, contractors or employees. ARTICLE 16. Insurance a. Licensee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Licensor and the Collier County Risk Management Department, for not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limits during the terrn of this License. If such amounts are less than good insurance industry practice would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty (30) days' advance notice to do SO. b. In addition, Licensee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of Five Hundred Thousand and 00/100 Dollars ($500,000-00) per each accident. If such amounts are less than good insurance industry practice would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty (30) days' advance notice to do so, c. Licensee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Premises and all of Licensee's property located on or in the Premises including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then -existing full replacement value, d. Business Automobile Liability Insurance, and Business Boat Liability Insurance are not applicable to this License. 4 I Packet Pg. 1054 e. Pollution Liability Insurance may not be applicable to this License. f. Licensor shall be named as an additional insured on the Commercial General Liability insurance policy. Licensor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. The above -described insurance policies shall list and continuously maintain Licensor as an additional insured thereon. Evidence of such insurance shall be provided to Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, for approval prior to the commencement of this License; and shall include a provision requiring not less than tcn (10) days prior written notice to Licensor in the event of cancellation or changes in poticy(ies) coverage. If such amounts are less than good insurance practice would require, Licensor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Licensee, whereupon receipt of such notice Licensee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Licensor, its employees, representatives, and agents. g. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this License and Licensor shall have the remedies set forth in Article I I above. h. Licensee shall ensure that all subcontractors comply with the same insurance requirements that Licensee is required to meet. The Licensee shall provide the Licensor with certificates of insurance meeting the required insurance provisions. ARTICLE 17. Force Majeure If Licensee is unable to operate its business as permitted in this License due to unforeseeable causes beyond the control of the Licensee, and not due to the fault or negligence of the License or Licensor, such as, but not limited to, acts of nature such as fires, floods, hurricanes, or of public enemy, acts of government or public health such as epidemics, quarantine regulations, strikes, lock -outs, etc., the Licensee shall advise Licensor at least forty-eight hours in advance of closure and provide an estimate date for reopening. Should the Demised Premises be uninhabitable due to any of the above conditions, Licensee and Licensor shall amicably terminate this License with immediate notice. ARTICLE 18. Applicable Law This License shall be govemed by and interpreted in accordance with the laws of the State of Florida. ARTICLE 19. Sales Tax Licensee shall be responsible for all sales tax pertaining to Licensee's business operations at the Dernised Premises. ARTICLE 20. Notices Any notice provided for herein shall be given by certified United States mail, postage prepaid, to the parties at the addresses set forth above, with copies to the following: 5 Packet Pg. 1055 For Licensor: c/o Real Property Management 3335 Tamiarni Trail East, Suite 102 Naples.. Florida 34112 For Licensee: Leticia Arreguin HABANEROS CATERING 4173 Tanglewood Lane LaBelle, Florida 33935 The persons and places to which notices are to be mailed may be changed from time -to -time by either party by written notice given to the other party. ARTICLE 2 1. Attorneys' Fees and Costs In the event any term or provision of this License is contested, or a breach is committed by either party of any term or provision of this License or in the event that either party hereto is required to protect its interest in any bankruptcy proceedings involving the other, the party prevailing in any suit or other proceedings brought as a result thereof shall be entitled to court costs and reasonable attomeys' fees. ARTICLE 221. Notice of License Neither this License nor any notice thereof shall be recorded in any public records. ARTICLE 23. Captions The captions of this License are for convenience and reference only and in no way define. describe. extend, or limit the scope, meaning, or intent of this License or the meaning or intent of any provision of this License. IN WITNESS WHEREOF. the parties hereto have hereunder set forth their hands and seals. AS TO Licensee: DATED: 6. I-q - AS TO Licensor: DATED: ATTEST: Crystal K, Kinzel. Clerk By: DeputN Clerk Approv I j�and ltgality� Jeffrey A. . i 7County Attorney Leticia Arreguin d/bla/ HABANEROS CATERING c� (A-/rr—egu iY— BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .0 William L. McDaniel, Chairman Ev I Packet Pg. 1056 1