Backup Documents 08/26/2025 Item #16F 1 (Absentia 07/22/2025 Item #16B 1) 16B 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS' OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already 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. County Attorney Office County Attorney J +
2. BCC Office Board of County Commission I
3. Minutes and Records Clerk of Court's Office /6V C
PRIMARY CONTACT INFORMATION (WAT
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 Contact Deborah Goodaker Phone Number 8922
Facilities Division/PUD
hr,I` Agenda Date Item was Approved July 22,2025 Agenda Item Number 16 B 1
the BCC Doc 2033
Type of Document Attached CEI License Agreement with
Hardesty&Hanover Const Srvcs 1
PO number or account number if
document is to be recorded N/A
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? N/A
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 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'; N/A
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 N/A
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 DKG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 documents were approved by the BCC on the above stated date,and all DKG
changes made during the meeting have been incorporated in the attached docs. ;5- `'?-this
The County Attorney's Office has reviewed the changes,if applicable. r
9. Initials of attorney verifying that the attached document is the version approved by the B ••'`isnot aq
all changes directed by the BCC have been made,and the document is ready for the pption for this
Chairman's signature. the
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Memorandum
To: Minutes & Records Clerk to the Board
From: Debi Goodaker
Real Property Management
Date: July 22, 2025
Subject: CEI License Agreement
Please attest and provide me with fully executed copy via email:
deborah.goodaker@colliercountyfl.gov
If there are any questions, please contact me at extension 8922.
Thank you,
Debi
16B 1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT entered into this ZZ"J day of jay 2025, between
Hardesty& Hanover Construction Services, LLC,whose mailing address is 950 Tamiami Trail, Unit 104,
Port Charlotte, Florida 33953, 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,Naples, Florida 341 12, hereinafter referred to
as "Licensor."
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE I. Demised Premises
Licensor hereby offers to Licensee and Licensee hereby accepts from Licensor the use of
approximately 200 square feet of space inside the structure at 1080 I6't' Street NE, Naples, FL 34120, 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 of an
on-site project field office.
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 he 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 Demised Premises beginning on the date Licensor executes this
License, hereinafter referred to as the "Effective Date," and continuing for twelve months thereafter. This
License term 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 minimal monthly license fee of$1.00 throughout the life of this
License,as a contribution towards Licensor's costs for wifi/interne service, utilities and maintenance.
ARTICLE 4. Utility Expenses
Licensor shall provide water and electric service to the Demised Premises. Licensee shall provide
its own telephone,communications, and computer systems.
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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 surrender to Licensor the Demised Premises in good order and condition, subject to the other
provisions of this License.
ARTICLE 6. Caretaking
Licensee shall be responsible to maintain the Demised 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
refrigerator and any kitchen appliances contained within the Demised Premises at the commencement of this
License and Licensor shall be responsible for the maintenance and repair of that equipment.
ARTICLE 7. Licensee's Restrictions
Licensee shall obtain and pay for all necessary permits and licenses to conduct business at the
Demised Premises and comply with all laws governing the responsibilty of an employer with respect to
persons employed by the Licensee. State of Florida Division of Corporations Registration, (certifcation
required for all employees).
• Demised Premises shall he open and operational for business Monday through Friday during the hours of
7:00 AM thru 5:00 PM.
• Licensor shall provide all garbage and trash recepticals within the confines of the Demised Premises,
including Licensee's access to a dumpster. 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 Demised Premises.
• 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.
ARTICLE 8. Licenser's Access to Demised Premises
Licensor, its duly authorized agents, representatives, and employees, shall have the right to enter
into and upon the Demised 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.
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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 its
telephone, cellular, and any communications service outside the wifi/internet service provided at the
Demised Premises.
ARTICLE 10. General Care of the Demised Premises;Indemnity
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 he 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 fulfill 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 11. 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.
ARTICLE 12. Assignment
Licensee may not assign its rights under this License without the prior written consent of the Licensor.
Licensor is not required to consent to any assignment sought by Licensee.
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16B 1
ARTICLE 13. Binding Effect on Successors and Assigns
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.Indemnity
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 term 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.
e. Pollution Liability Insurance may not be applicable to this License.
4
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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 ten (10) days prior
written notice to Licensor in the event of cancellation or changes in policy(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 he deemed to be a material
breach of this License and Licensor shall have the remedies set forth in Article 11 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 governed 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
Demised 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
1 B 1
For Licensee: Steven Nappi,Senior Project Engineer
slrappi'a hardesry hanover.com
Hardesty&Hanover Construction Services,LLC
950 Tam iami Trail,Unit 104
Port Charlotte,Florida 33953
For Licensor: Jay Ahmad,Division Director
Jay.Ahmad ticolliercountyfl.gov
Collier County Transportation Engineering
2885 Horseshoe Drive South
Naples,Florida 34104
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 21. 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 attorneys'fees.
ARTICLE 22. 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 an
provision of this License.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO Licensee: HARDESTY & HANOVER
CONSTRUCTION SERVICES, LLC
I.)ated: ‹,'/Z0�
^__.... ---- — Steven M Nappi�,g,..,,.,.�,�,,..
By:
STEVEN NAPPI, Sr. Project Engineer
16B 1
AS TO L'censor:Dated: L'CA 7 �I 2
ATTES, ''' BOARD OF COUNTY COMMISSIONERS
Crystal K. Kimel.clerk _., COLLIER COUNTY, FLORIDA
•
13): ,., ' By.
Nlo tasto Chairman's . I)rpu . lerk B L. S UN, 1/, S,Chairman
signature only
Approve or an egality:
,Asst.County Attorney
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16B 1
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