Agenda 06/28/2016 Item #16E2 6/28/2016 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve Diocese of Venice Non-Exclusive Space Usage Agreement and License
with St. John the Evangelist Catholic Church for Public Utilities public information meetings and
project team progress meetings,at no cost.
OBJECTIVE: To secure space to hold required public information meetings and project delivery team
progress meetings for Public Utilities Department projects.
CONSIDERATIONS: Public Utilities frequently implements capital projects in the north Naples area
that require a large meeting room capable of accommodating approximately 100 people for public
information meetings and project delivery team progress meetings.
The Vanderbilt Drive Cul-de-sacs Public Utility Renewal Project, among other utility projects, is located
in the north Naples area and will require meeting facilities for its expected duration of 30 months. As part
of their public outreach for this project, Public Utilities will hold several night time public information
meetings, as well as holding daytime project delivery team meetings on a weekly basis that will be open
and noticed to the residents in the area. Accordingly, it is important for Public Utilities to have access to
a facility convenient to those residents with meeting rooms large enough to accommodate the various
meetings.
Staff researched the area for available County and non-County owned facilities and determined St. John
the Evangelist Catholic Church to be the best suited for the meeting needs. Since the project will be
handled in several phases and over the course of a couple years, St. John the Evangelist Catholic Church
requested that the Collier County Water-Sewer District enter into their form agreement titled Diocese of
Venice Non-Exclusive Space Usage Agreement and License (the "Agreement"). The Agreement is
between Frank J. Dewane as Bishop of the Diocese of Venice,his successors in office,a corporation sole,
("Licensor") and Board of County Commissioners of Collier County, Florida, as the Governing Body of
Collier County and as the Ex-Officio Governing Body of the Collier County Water-Sewer District
("Licensee"), which has been modified per the direction of the County Attorney's Office. Licensor has
approved the attached Agreement as modified.
FISCAL IMPACT: There will be no fiscal impact associated with this Agreement.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval.—SRT
GROWTH MANAGEMENT IMPACT:No Growth Management impact is associated with this action.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached Agreement with Licensor.
Prepared By: Toni Mott,Manager,Facilities Management Department
Attachment: Diocese of Venice Non-Exclusive Space Usage Agreement and License
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to approve Diocese of Venice Non-Exclusive Space
Usage Agreement and License with St.John the Evangelist Catholic Church for Public Utilities
public information meetings and project delivery team progress meetings.
Meeting Date: 6/28/2016
Prepared By
Name: MottToni
Title:Manager-Property Acquisition&Const M,Facilities Management
6/3/2016 1:30:08 PM
Submitted by
Title:Manager-Property Acquisition&Const M,Facilities Management
Name: MottToni
6/3/2016 1:30:10 PM
Approved By
Name:pochopinpat
Title: Operations Coordinator,Administrative Services Department
Date: 6/3/2016 2:16:26 PM
Name: LinguidiDennis
Title:Division Director-Facilities Mgmt,Facilities Management
Date: 6/3/2016 3:59:48 PM
Name: ChmelikTom
Title:Division Director-Public Utilities Eng,Public Utilities Engineering
Date: 6/7/2016 10:09:20 AM
Name: TeachScott
Title:Deputy County Attorney, County Attorney
Date: 6/7/2016 10:29:35 AM
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Name: PriceLen
Title: Department Head-Administrative Svc,Administrative Services Department
Date: 6/14/2016 6:09:14 PM
Name: WellsLaura
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 6/15/2016 3:01:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2016 9:21:38 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 6/16/2016 12:15:19 PM
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�� DIOCESE OF VENICE
NON-EXCLUSIVE SPACE USAGE AGREEMENT AND LICENSE
This License Agreement (hereinafter the "Agreement") is made this day of ,
2016, between Frank J. Dewane as Bishop of the Diocese of Venice, his successors in office, a
corporation sole, (hereinafter the "Licensor") and BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and cxsuigns,
whose mailing address is 3339 Tamiami Trail E., Suite 301. Naples, FL 34112 (hereinafter the
"Licensee").
Licensor hereby licenses to Uomroee, on a non-exclusive bmsis, the use of the St. John the
Evangelist Catholic Church ball room (hereinafter referred to as the "Premises") located in the
County of Collier, State of Florida, more particularly described as follows: 625 11th Avenue North,
Naples, FL 34108.
1. TERM. Licensor licenses the use of the Premises to Licensee for the following dates
and times: for a one (1) year term beginning June 1, 2016. with automatic annual
one (1) year extensions granted by Licensor in writing. There will be no limit on the
number of annual extensions that the Licensor may grant.
2. USAGE FEES. Licensee shall owe Licensor no fee for use of the Premises. Licensee's
use of the Premises shall not constitute a tenancy of any kind, and this Agreement is
not a lease.
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3. USE OF PREMISES.
a. Licensor covenants that it is the owner of the Premises located in Collier County,
Florida, and that said Premises are in good repair and suitable for Licensee's
purposes described herein.
b. During the term of this Agreement, the Licensee shall have the non-exclusive use
of the Premises for the following purposes: Public Information Meetings and
project delivery team progress meetings, beginning June 1, 2016.
c. Licensee agrees to restrict ifs use to such purposes, and not to use, or permit the
use of, the Premises for any other purpose without first obtaining the consent of
the Licensor.
d. The Licensee covenants and agrees:
(i) Conditions of the Premises. To quit and surrender said Premises and all
equipment therein to Licensor at the end of said term in the same condition
as the date of the commencement of this Agreement, ordinary use and wear
thereof only excepted.
(ii) Rules and Regulations. To abide by and conform to all rules and regulations
prescribed by the Licenoor, for the governance and management of
Premises,including the conditions of use incorporated by reference herein.
(iii) Liability. To save the Licensor harmless from and to indemnify it against any
claim or liability for any use arising in connection with the use of the Premises
by Licensee, its agents, semonto, invitees, and emp|oyees, subject to the limits
of Florida Statutes, 8768.28. Licensee shall also indemnify Licensor for all
~~~. attorneys fees and legal expenses incurred in the defense of any claim arising
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in connection with Licensee's use of the Pnernisea, subject to the limits of ~~~^
FloridoShatutes^ G768.28.
(iv) Alcoholic beverages. To not cause or allow alcoholic beverages of any kind
to be sold, given away, or used upon Premises except after obtaining the
express written consent of Licensor. In such event, Licensee shall possess the
necessary liquor license and permit.
(v) Improvements. To make only those alterations, additions, or improvements, in,
to, or about the Premises which have been approved in advance and in
writing by Licensor.
(vi) Damage to Premises. (a) To assume full responsibility for the character, acts,
and conduct of persons admitted to Premises including damage to any
portion of the Premises or any equipment therein; (b) To not injure, nor mar,
nor in any manner deface said Premises or any equipment contained fheRein,
and to not cause or permit anything to be done whereby said Premises or
equipment therein shall be in any manner ijured, marred or defaced; and to
not drive or permit to be driven nails, hooks, tacks or screws info any part of
said building or equipment contained therein and to not make nor allow to
be made any alterations of any kind to said building or equipment contained
therein; (c) That if said Premises or any portion of said building or any
equipment contained therein during the term of this license shall be
damaged by the act, default or negligence of Licensee, or of the Licensee's
agents, employees, patrons, guests or of any person admitted to said
Premises, Licensee shall cause the Premises andlor equipment to be returned
to their condition as existed upon the execution hereof. The Licensee hereby
assumes full responsibility for the character, acts and conduct of all persons
admitted to said Premises or to any portion of said building by the consent of
the said Licensee or by or with the consent of any person acting for or in
behalf of said Licensee,
(vii) Seating Capacity. To not admit a larger number of persons to the Premises
than the seating capacity thereof will accommodate.
(viii) Discrimination. To not discriminate in its membership or methods of
conducting business with respect to race, color, age, handicap, sex, marital
status, national origin or veteran status.
4. PARKING. Licensor shall provide at least five (5) parking spaces to the Licensee for
the term of this Agreement.
5. ORDINANCES AND STATUTES. Licensee shall comply with all statutes, ordinances and
requirements of all municipal, state and federal authorities now in force. or which
may hereinafter be in force, pertaining to the Pnemioea, occasioned by or affecting
the use thereof by Licensee.
6. ASSIGNMENT AND SUBLICENSING. Licensee shall not assign this Agreement or
sublicense any portion of the Premises.
7. ENTRY AND INSPECTION. Licensee's use of the Premises is non-exclusive, and Licensor
may enter at any time and for any purpose while Licensee is utilizing the Premises or
at any other time.
8. NUISANCE. Licensee shall not use the Premises for any unlawful purpose or in any
way which will constitute a nuisance or interfere with Licensor's use of the Premises.
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~=` 9. LIABILITY/INDEMNIFICATION OF THE LICENSOR. It is expressly understood and agreed
by and between the parties hereto that in no case shall the Licensor be liable to the
said Licensee, or any other person or persons, for any injury, loss and/or damage to
any person or property on the Premises or by virtue of any act, error or omission of
Licensee, whether the same is caused by or results from the carelessness, negligence,
or improper conduct of the Licensee, its agents or employees or otherwise, the said
Licensee hereby taking all risk and indemnifying Licensor for any such damage or
injury subject to the limits of Florida Statutes §768.28. To the extent allowed by law,
Licensee agrees to hold Licensor harmless from any claims for damages, caused by
the act, error, or omission of Licensee, its agents, empioyees, mss|gns, invitees or
otherwise subject to the limits of Florida Statutes§768.28.
10. INDEPENDENCE OF LICENSEE. If is expressly understood and agreed by and between
the parties hereto that Licensee is not owned, openzfed, sponsored, affiliated, or
otherwise under the direction or control of Licensor. Licensor has no authority or
control over any aspect of Licensee's operations, except as provided in this
Agreement. Licensee is an entity entirely independent of Licensor related only by the
independent contractual terms of this Agreement.
11. WARRANTIES BY THE LICENSOR. It is further expressly understood and agreed by and
between the parties hereto that this Agreement does not contain or embody, and
shall not be construed to contain or embody any implied covenant, warranty or
agreement on the part of the Uoensor, and there are no verbal agreements
whatever between the Licensor and Llcensee, and no agreements nor covenants
exist between them except those repnasmntations, warranties and agreements
expressed in writing in this instrument.
12. INSURANCE. The Licensee, at its cost, shall provide liability coverage in the amount of
One Million and No Cents ($1'000'000.00) Dollars per occurrence, and Three Million
and No Cents ($3.000.000.00) Dollars in the aggregate.
All insurance shall be placed with companies admitted to do business in the State of
Florida or which shall have an AM Best rating of atleast un ^A". The Licensor must be
a certificate holder on any policy of insurance purchased by the Licensee in
compliance with this Agreement, and it is entitled to receive a copy of any policies
of insurance within thirty (30) days of the effective date of the policy. The Licensee
shall obtain the insurer's agreement to give not less than thirty (30) days advance
notice to the Licensor before cancellation, expiration or alteration of any policy of
insurance. The Licensee agrees to maintain such policies of insurance during the
term of this Agreement, and any failure to do so will constitute a breach of the terms
of the Agreement. Licensor shall be named as an additional insured and said policy
will be primary over any other collectible insurance for any liability arising out of
claims in connection with this Agreement.
13. DEFAULT. If Licensee fails to abide by and perform all covenants, stipulations and
conditions of this Agreement, Licensor may, at its option, immediately terminate and
end this Agreement and the license hereby granted, and all rights and interest of the
Licensee thereunder forthwith.
14. EXPIRATION. At the expiration or termination of this Agnaement, as herein provided,
the Licensee will, within 24 hours, remove any of the Licensee's property located at
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the Premises. Additionally, Licensee shall surrender Premises in the same condition as
when it took possession.
15. NOTICES. Any notice which either party may or is required to give, shall be given in
writing and shall be given by mailing the same, postage prepaid, to Licensee at the
address shown below or Licensor at the address shown below, or at such other
places as may be designated by the parties from time to time.
Licensee:
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT
d o Office of the Collier County Attorney
3299 Tamiami Trail E., Suite 800
Naples, FL 34112
Licensor:
Saint John the Evangelist Catholic Church
625111th Avenue North
Naples, FL 34108
16. GOVERNING LAW AND VENUE. Agreement shall be governed by the laws of the State
of Florida and venue for the enforcement of this Agreement shall be in Collier
County,Florida.
17. SEVERABILITY AND ENFORCEABILITY. The terms of this Agreement are severable, and
in the event that any specific term herein is determined to be unenforceable the
remainder of the Agreement shall remain in full force and effect.
18. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the
parties and may be modified only by a writing signed by both parties.
19. TERMINATION. Licensor reserves the right to cancel this Agreement at any time
without cause upon thirty (30) days advance notice or immediately if for cause as
determined by Licensor in its sole discretion.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day
and year first above written.
AS TO LICENSOR:
Frank J. Dewane as Bishop of the Diocese of
Witness (Signature) Venice, his successors in office,a corporation sole
Name (Print or Type) By:
Print:Jean-Paul Boucher
Title:_General Manager
Witness (Signature)
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Name (Print or Type)
AS TO LICENSEE:
Attest: BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA,AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
DWIGHT E. BROCK, Clerk
By: By:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
By:
Assistant County Attorney
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