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Backup Documents 07/08/2025 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11 11 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County ttorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP CiCj,9 8 clq Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is read complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office C61 v11 3. BCC Office Board of County Commissioners fr b iy3 )27 4. Minutes and Records Clerk of Court's Office %/ `1��G-� 5. Shirley Garcia Bayshore CRA 0 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Shirley Garcia Phone Number (239)252-8844 Contact/ Department Agenda Date Item was July 8,2025 Agenda Item Number 11.E Approved by the BCC Type of Document License Agreement County Museum with Number of Original 1 Attached Military Museum Documents Attached PO number or account 001-122255-649030 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SMG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SMG Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SMG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SMG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 07/08/2025 and all changes made during SMG �'''s' of the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. Lhis line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1E NON-EXCLUSIVE FACILITY USE LICENSE AGREEMENT COLLIER COUNTY AND AMERICA'S MILITARY AND FIRST RESPONDER MUSEUM INC. }� THIS NON-EXCLUSIVE FACILITY USE LICENSE AGREEMENT(the"Agreement") is made this g day of 3v( , 2025, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter'referred to as the "COUNTY" or "LICENSOR"), whose mailing address is c/o Real Property Management, 2685 Horseshoe Drive South, Suite 103, Naples, Florida 34104, and AMERICA'S MILITARY AND FIRST RESPONDER MUSEUM INC., a Florida not-for-profit corporation (hereinafter referred to as the "LICENSEE"), whose mailing address is 15205 Collier Boulevard Suite 106-245, Naples, Florida 34119. The COUNTY and LICENSEE are collectively referred to as the "Parties." RECITALS WHEREAS, the County owns the property located at 3331 Tamiami Trail East, Naples, Florida 34112, which operates as the Collier Museum at Government Center (the "Museum Property"), and which includes a military memorial and a Sherman tank; and WHEREAS, the COUNTY finds it in the public interest, pursuant to Section 125.38, Florida Statutes, to allow Licensee, a not-for-profit organization, to use a portion of the Premises for a military museum, including public exhibits and related activities; WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars($10.00)and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Agreement on the following terms and conditions: ARTICLE 1. Description of Premises and Use { COUNTY grants LICENSEE a non-exclusive right to use a designated portion of the Museum Property for a military museum, including public exhibits and related activities, as depicted in Exhibit "A" (the "Premises"), which includes one office, a meeting room, a common area, a storage area that also serves as an emergency exit, and a gallery space. COUNTY shall permit LICENSEE's staff and volunteers to access and use the shared restroom facilities located within the Museum Property. However, LICENSEE shall have no right to access, occupy, or utilize the area identified as "County Space" on Exhibit "A," which shall remain under the exclusive control and use of the COUNTY. LICENSEE shall also have access to non-exclusive parking in designated areas as described in Article 10. COUNTY reserves the right to impose reasonable rules for shared use. The County's Museum Director may approve requests for additional space, provided such use does not interfere with museum operations. Any jj authorized use of additional space shall be temporary and subject to revocation at the County's Museum Director's discretion. INSTR 6724766 OR 6503 PG 2595 RECORDED 9/2/2025 1.02 PM PAGES 10 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$86.50 1 1 1 E ARTICLE 2. Term of Agreement The term of this Agreement shall commence on September 1, 2025, and shall continue for a period of five (5) years. The Agreement may be renewed for successive terms as mutually agreed. Either party may terminate for convenience with at least thirty (30)days' written notice to the other. ARTICLE 3. License Fee LICENSEE shall pay a nominal license fee of Ten Dollars ($10.00) per year. COUNTY shall not assess LICENSEE for utilities or operating expenses associated with use of Premises. ARTICLE 4. Reporting Requirements LICENSEE shall provide a written report to the Board of County Commissioners on or before the first anniversary of the Effective Date, and annually thereafter. The report shall include information on hours of operation, visitor statistics, community outreach, fundraising activities, and programmatic developments. ARTICLE 5. Maintenance and Repairs COUNTY shall maintain the Premises in accordance with its standard museum operations and custodial practices. LICENSEE acknowledges that it is not entitled to any maintenance,custodial,or repair services beyond those already provided as part of COUNTY's regular museum operations. LICENSEE shall not alter, affix, or modify any part of the Premises without prior written approval from COUNTY. Upon termination or expiration of this Agreement, LICENSEE shall return the Premises to its original condition, reasonable wear and tear excepted. ARTICLE 6. Signage and Display The COUNTY shall allow LICENSEE limited signage in conjunction with the COUNTY Museum Property. Permanent building signage is prohibited. Inside the Premises, donor recognition plaques may be displayed; however, no naming rights to rooms or spaces are permitted. The COUNTY may consider additional directional signage, subject to the limitations set forth in the applicable zoning codes, laws, ordinances and Government Center standards. Any signage or depiction of LICENSEE's name and/or logo on the Premises shall be subject to the prior approval of the COUNTY. ARTICLE 7. Use of Premises and I-Iours of Operation LICENSEE shall conduct operations solely within the Premises during the public hours of the Museum Property, currently Tuesday through Saturday, 9:00 AM to 4:00 PM. These hours are subject to change at the discretion of the COUNTY, with reasonable notice provided to LICENSEE. After-hours access to the Premises may be granted upon request, but is limited to the Premises and does not include access to the other portions of the Museum Property. LICENSEE may request temporary use of outdoor areas within the Premises, including the tank and military memorial, for photography, commemorations, or other events during regular museum hours, subject to prior written approval by the County Museum Director which may be revoked. ARTICLE 8. Alterations and Additions LICENSEE shall not make any alterations, additions, or improvements to the Premises without written consent from the County Manager or their designee. All approved alterations, additions, or improvements to the 2 tl 1 1 E Premises must be performed in accordance with all applicable federal, state, and local laws, codes, and regulations, including full compliance with the Americans with Disabilities Act(ADA). LICENSEE shall ensure that any modifications maintain required accessibility and do not impede COUNTY's access to the Premises or its ability to maintain the Museum Property and associated building systems. Additional provisions related to COUNTY's right of entry and ongoing access as described in Article 13. ARTICLE 9. Storage of Licensee Property LICENSEE shall not store or display live ammunition on the Premises under any circumstances. LICENSEE acknowledges that it is displaying and storing its collection and personal property at its own risk, and COUNTY assumes no responsibility for, and does not claim any ownership of, such property. LICENSEE shall not leave or store any personal property, equipment, or materials outside the Premises. All such property shall be stored in a neat and orderly manner and may be subject to removal if deemed inconsistent with museum policies or COUNTY direction. ARTICLE 10. Parking LICENSEE, its agents, employees, contractors, and guests shall park in the designated staff parking area shown on Exhibit "B." LICENSEE, its agents, employees, contractors, and guests shall not park overnight in designated museum parking areas. LICENSEE shall not reserve or restrict parking spaces without prior written approval from the COUNTY. Use of parking areas for special events is subject to advance coordination with the County Museum Director. ARTICLE 11. Repair LICENSEE agrees to promptly make, at LICENSEE's sole expense and to the satisfaction of the County,any and all repairs and/or replacements of any damage to the Premises caused by LICENSEE, its officers, agents, employees, or guests. ARTICLE 12: Development of Premises COUNTY reserves the right to further develop or improve the buildings or other areas of the Premises as it sees fit, regardless of the convenience,desires or view of the LICENSEE,and without interference or hindrance. The COUNTY may, at its discretion, make aesthetic or landscaping improvements to the area surrounding the tank and military memorial, including removal of underbrush or other enhancements, without notice to or consultation with LICENSEE. ARTICLE 13. Access The COUNTY shall retain full access to and operational control over the Premises,at all times. COUNTY staff, contractors, and authorized personnel may enter the Premises as necessary to perform maintenance, inspections, repairs, or other County operations. Except in emergency situations, the COUNTY shall make reasonable efforts to coordinate such activities to minimize interference with LICENSEE's authorized use. All COUNTY work shall be performed promptly and the Premises shall be left in good order upon completion of such work. COUNTY, through its agents, employees, and contractors, shall have the right to access the Premises at reasonable times and with reasonable notice for the purpose of inspection, maintenance, repair, or other County- related operations. LICENSEE shall ensure that the Premises always remain safely and reasonably accessible, 3 � 1E including compliance with ADA standards, and shall not obstruct access to mechanical systems, utilities,or other infrastructure. ARTICLE 14. Background Screening, Badging, and Site Security LICENSEE acknowledges that the Museum Property is open to the public, including children. As a condition of access, all LICENSEE board members and volunteers must complete background screening, including a national criminal history check, before engaging in on-site activities. LICENSEE is responsible for all associated costs and may use a provider of its choice. COUNTY currently uses an online service that charges approximately $13 per screening. Upon submission of satisfactory background check results, the Facilities Management Division will issue COUNTY identification badges. Individuals may not access the site in an official capacity until badged. COUNTY reserves the right to deny or revoke access to anyone not properly screened or { badged. LICENSEE further acknowledges that the Museum Property is monitored by security cameras and other surveillance systems. No expectation of privacy exists on-site, and COUNTY may use any recordings for lawful purposes. ARTICLE 15. Hazardous Materials • LICENSEE will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material men and/or suppliers to engage in such activities upon or about the Premises. In the event of any spill or discharge of Hazardous Substances caused by LICENSEE, its employees, agents or invitees, LICENSEE, at LICENSEE's sole cost, shall promptly remediate all affected areas including,without limitation,the boarding and parking area,to background levels in full and complete compliance with all applicable laws,rules, ordinances and regulations. As used herein, Hazardous Substances shall mean any substance,product,waste or other material of any nature that is or becomes listed or regulated under any Federal, State of local law, rule, regulation or ordinance concerning hazardous, toxic or dangerous substances, wastes or materials. LICENSEE shall defend, indemnify and hold COUNTY harmless from all claims, demands, fines, suits, actions judgments and liability (including both civil and criminal) and all costs of litigation, attorney's fees and court costs,to the full extent arising out of or concerning the use, generation, storage, disposal, discharge, or clean-up of hazardous substances by LICENSEE at the Premises. • ARTICLE 16. Default • • In the event of a default in the performance by either party of any of its obligations under this Agreement, • the other party may terminate this Agreement by giving written notice of termination to the defaulting party, if the default has continued for more than 10 days after the defaulting party has been given written notice of default and intention to terminate by the other party. Subsequent defaults by a party will entitle the other party to terminate this Agreement without providing 10 days written notice. ARTICLE 17. Indemnification LICENSEE, with respect to itself and its agents, employees, servants, and invitees, agrees to indemnify and hold COUNTY, its agents, employees, and invitees harmless of, from, and against all risks and damages to persons and Property by reason of the present or future condition of the Premises. Additionally, LICENSEE agrees to indemnify and hold COUNTY, its agents, employees, and invitees harmless of, from and against all claims, actions, damages, liabilities, and expenses asserted against COUNTY on account of injuries to person or damage to property when and to the extent that any such damage or injury may be caused wholly or in part, by 4 { 1 1 E any act or omission,whether negligent or not,of LICENSEE or any of its agents,servants,employees,contractors, patrons, or invitees (while such invitees are on the Premises) or of any other person entering on the Premises under or with the expressed or implied invitation of LICENSEE, or if any such injury or damage may in any other way arise from or out of the occupancy or use by LICENSEE, its agents,employees,and invitees,of the Premises. ARTICLE 18. Insurance ti LICENSEE shall provide all insurance deemed appropriate by the COUNTY,as determined by the Collier County Risk Management Department, as set forth in Exhibit "C". Failure to continuously abide with all the required insurance provisions shall be deemed to be a material breach of this Agreement and COUNTY shall have the remedies set forth below. ARTICLE 19: Assignment This Agreement is personal to LICENSEE. Accordingly, LICENSEE may not assign this Agreement or sublet any portion of the Premises by LICENSEE without the express prior written consent of the COUNTY, which consent may be withheld in COUNTY's sole discretion. Any purported assignment or sublet without the express written consent of the County Manager or their designee shall be considered void from its inception and shall be grounds for the immediate termination of this Agreement. The Parties acknowledge that the LICENSEE,currently known as America's Military and First Responder Museum Inc., is in the process of legally changing its name to Veterans History Museum Inc., a Florida not-for- profit corporation. Notwithstanding the foregoing, the County Manager or designee may approve an assignment of this License to the new entity, provided that the new entity is substantially the same in ownership and control as the original Licensee. ARTICLE 20: Agreement Non-Exclusive LICENSEE acknowledges that this Agreement grants a non-exclusive license for limited use of the Premises. The COUNTY retains the right to permit others to use other portions of the Premises, including areas adjacent to the Premises, for governmental or public purposes,or for other temporary or compatible uses, without notice to or approval from LICENSEE. ARTICLE 21: Notices and Use of Premises for Mail All notices required to be served upon COUNTY shall be served by hand delivery, facsimile, overnight delivery or by regular mail, at the following address: Board of County Commissioners do Real Property Mgmt. Dept. 2685 Horseshoe Drive, S. Suite 103 Naples, Florida 34104 and all notices required to be served upon LICENSEE shall be served by hand delivery, facsimile, overnight delivery or by regular mail, at the following address: America's Military and First Responder Museum Inc., 15205 Collier Boulevard Suite 106-245 Naples, Florida 34119 5\ liE Either party may change its above-noted address by giving written notice to the other party in accordance with the requirements of this Section. LICENSEE shall maintain a separate P.O. Box for general business correspondence. The P.O. Box shall not be used for the receipt of official notices under this Agreement. LICENSEE may accept physical deliveries at the Premises address. { ARTICLE 22: Governing Law This Agreement shall be governed, construed, and interpreted under the laws of the State of Florida. Jurisdiction and venue for any judicial proceedings concerning this Agreement shall lie exclusively in a court of competent jurisdiction in Collier County, Florida, and in no other forum or venue. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. LICENSEE: America's Military and First Responder Museum Inc., a Florida not-for-profit corporation BY: ATTEST: LICENSOR: CRYS L KINnitclerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and:. mgt Iler COLLIER COUNTY, FLORIDA ‘-')41,14": BY: ,441/%A.4401004— eft)Cgomons, e uty erk urt L. Saunders, Chairman t ,s nature only Approved s t form and legality: Sally Assistant County Attorney 613?C'yl/(7 1 I E EXHIBIT "A" PREMISES 1 1 E ...........„..... , .-k-).. 7 ,47, ! . ; I e - ..,..- ...-- •,.• ., ' .-.,' .0.1 -4:. J.4.' ,•'',,k.'.'-4' I \ .,.....,,,.:::,. --,..;.' -. A 4........"-,/......., - _1_1.! • • \ . • ' ; I P'' .. • . . .4. .. .,. 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' \,-1.•.-.1.".-::...''COtAilY PRORZi2TY APPRA.ISFIIW!,SSII t-, ,'•• '41,k-Mfft2„$0,1k,g1.7 ,-,..::;fR'..• ,-„,. ,-,.• *--it-47-,:,-7..-m,Z,' .-.• i.P:.,,, ,,.., r,s' eZralri32-M: Vtiltg::•'•••: : ',•1--...:::4'• ''-‘':•••":. -N0.1§F. . .•:. ' .-: : • .., • ,3 12 ' !AZ11:11:01:':131:...1 7105e'r.-;'' :'''-' 0. . .•-,...„ ',...„.: --44:.i. ...i...........-,i,. .... ., ..... " .......:...,......:.: L - ''''ii4(.....,:',10,',%:;.0!:!:.:.:..•'::m.!.,,I ..,e.i.„,, ,... ,...., . ... ............. ...,.... . • ,. . .... .4+^.,.,.....,..,k . .g.,.•'; : :t i 1 i 431,,E,,Efl i.7,-,....,..'•...... . ..„ k... . /1.- . ,.....,.._ .. . .:. ... . ,•. . • , • • • •,,.,..- t., . . ....„ : . E . . \ I w p ft OV E'D CG4 Vii cc-Airily moskijm [ , I .1.1 rt'.na 4,.fl Aclifot 91 h 1 Staff and Patron Overflow Parking ..?, f„. .....,.......„_,.., :„..„...,______,,..._,...........,..._...,:,....„„,„„.....„_....,,,...._. . . fi fi fi t t ... ,..:, /9---,, rt\c.) t 1, 1 1 E EXHIBIT "C" ILNSURA\CE AND BONDING REOUIRIrNENTS Services or Products Being Procured:America's Militmy&First Responder Museum.Inc. Insurance/Bond Type Required Limits 1. El Worker's Compensation Stattnoty Limits of Florida Statutes. Chapter 440 and all Federal Government Stanuoty Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed ns Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https:':apps.fldfs.comIbocexetnpt' 2. ©Employer's Liability S_100,000_single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occun•euce Form) patterned after the current S 1,000,000 single limit per occurrence.S2,000.000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project.for construction projects.This shall include Premises and Operations: Independent Contractors: Products and Completed Operations and Contractual Liability. 4. CO Indemnification To the maximum extent permitted by Florida law,the Contractor/Vendor shall defend. indemnify and hold harmless Collier C'ou nty.its officers and employees from any and all liabilities. damages, losses and costs, including. but not limited to. reasonable attorneys'fees and paralegals'fees.to the extent caused by the negligence.recklessness. or intentionally wrongfrd conduct of the Contractor;Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ❑Automobile Liability S_500,000_ Each Occurrence: Bodily Injury Si Property Damage. Owned/Non-owned/Hired:Automobile Included 6. ❑Other insurance as noted: ❑Crime/Employee Dishonesty S Per Occurrence ❑United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Maritime Coverage (tones Act) shall be maintained where applicable to the completion of the work. 5 Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than 55.000.000 each occurrence if applicable to the completion of the Services under this Agreement. S Per Occurrence ❑Garage Keeper Liability S Per Occurrence ❑Medical Professional Liability S Per claim&in the aggregate ❑Crime/Employee Dishonesty S Per Occurrence ❑X Property Insurance Limit-Value of Exhibit Items R Licensee's Content stored or kept on the County's premises. ❑Cyber Liability S Per Occunence ❑Technology Encx's.h Omissions $ Per Occurrence 7. ❑Bid bond ; Shull be submitted with proposal response in the form of certified funds,cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk.or proposal Agenda Item #: 11E Military Museum Facility Use Ag reement July 8, 2025 Name: Address/Phone: ,p/ fkz-z: ,31c26 Ceding Time To: Arras-e e/f*spizof /Lf 2d.5e 3S PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS