Agenda 02/13/2018 Item #16C202/13/2018
EXECUTIVE SUMMARY
Recommendation to approve a Bare License Agreement for Access to Property owned by 951 MB,
LLC, to conduct inspections and assessments for improvements needed in anticipation of
continuing the FGUA customer service office in Golden Gate City as part of the FGUA acquisition.
OBJECTIVE: A Bare License Agreement for Access to Property (License) is required to access a
property that the Board has not yet approved a Lease Agreement for concerning the Golden Gate City
customer service office for Florida Governmental Utility Authority (FGUA) customers.
CONSIDERATIONS: With respect to the acquisition of FGUA, as recognized in Resolution 2017-222,
which was accepted by the Board of County Commissioners on November 14, 2017, the County will be
operating that utility as of March 1, 2018.
The County, on behalf of its contractors, is requesting access to the FGUA customer service office and
outlying property located at 11985 Collier Boulevard to inspect, assess and install County equipment at
this location. The equipment is required to communicate with the County’s billing and payment systems
to accommodate new customers.
There is no monetary consideration associated with this License. The County shall provide the landlord
with required general liability insurance as reviewed by Risk Management and subject to the limitations
of Section 768.28, Florida Statutes.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the Bare License
Agreement for Access to Property with 951 MB, LLC.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. FGUA Bare License (PDF)
16.C.2
Packet Pg. 668
02/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 4755
Item Summary: Recommendation to approve a Bare License Agreement for Access to Property
owned by 951 MB, LLC, to conduct inspections and assessments for improvements needed in
anticipation of continuing the FGUA customer service office in Golden Gate City as part of the FGUA
acquisition.
Meeting Date: 02/13/2018
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
02/02/2018 4:41 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
02/02/2018 4:41 PM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 02/02/2018 4:54 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 02/02/2018 4:58 PM
Facilities Management Dennis Linguidi Additional Reviewer Completed 02/02/2018 6:49 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 02/05/2018 7:59 AM
Public Utilities Operations Support Peter Lund Additional Reviewer Completed 02/05/2018 9:10 AM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 02/06/2018 12:23 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/06/2018 9:26 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 02/06/2018 4:35 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/06/2018 4:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2018 5:00 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/07/2018 9:56 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/07/2018 10:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM
16.C.2
Packet Pg. 669
BARE LICENSE AGREEMENT
FOR
ACCESS TO PROPERTY
This Limited Use Bare License Agreement ("Agreement") entered into this _ day of
2018, by and between 951 MB, LLC, a Missouri Limited Liability Company, whose mailing
address is hereinafter referred to as LICENSOR, and Collier County, a political
subdivision of the State of Florida, hereinafter referred to as LICENSEE, whose mailing address is c/o
Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112.
1. LICENSEE requests access to LICENSOR'S property which is located at 11985 Collier Boulevard,
IJnit 7, Naples, Florida, and the outlining area, as shown on Exhibit "A," which is attached hereto and
made apart hereof this Agreement, hereinafter referred to as the "Property," for the purpose of inspecting,
accessing, and installing equipment and fixtures and other personal property within the Property and on
the building in order for LICENSEE to conduct business at the Property.
2. The approval of the use of the Property by the LICENSOR will extend from the date signed by
LICNESOR and shall end upon the date the Assignment and Amendment of Triple Net Lease shall
become effective.
3. There shall be no monitory compensation related to LICENSOR'S approval for LICENSEE to
access the Property under this Agreement.
a. The LICENSEE shall further abide by the following: Property is accepted by the LICENSEE in
'as is' condition;
b. no other use than the use stated above shall be conducted at the Property;
c. obtain all required permits in order to conduct its any of the activates stated above and for
LICENSEE'S operation at the Property;
d. it is the LICENSEE'S responsibility to have the Property remain clean and free from rubbish, dirt
and other debris at all times;
3. This Agreement is a bare license. Either party may cancel this Agreement at any time, for any
reason, without incurring any liability or expense whatsoever, however, either party will endeavor to give
the other party as much advance notice as is then possible in the event of any cancellation of this
Agreement.
4. LICENSEE shall provide and maintain General Liability for not less than One Million Dollars
($1,000,000.00) combined single limits during the term of this Agreement.95l MB, LLC, shall be named
as an additional insured on the General Liability policy.
5. Subject to the limitations of Section 768.28, Florida Statutes, LICENSEE shall indemniff and save
harmless the LICENSOR from and against any and all claims, actions and suits, and from and against any
and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities
which LICENSOR may sustain or incur to the extent arising from the negligent act or negligent omission
of LICENSEE or its agents, contractors or employees.
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16.C.2.a
Packet Pg. 670 Attachment: FGUA Bare License (4755 : FGUA Bare License Agreement for Aceess to Property)
LICENSOR shall indemni$ and save harmless the LICENSEE from and against any and all
claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable
attomeys' fees, payments, expenses and liabilities which LICENSEE may sustain or incur due to the sole
negligent act or negligent omission of LICENSOR.
6. This Agreement is not assignable. Any attempt to assign this Agreement is void ab initio.
AS TO THE LICENSEE:
DATED:951 MB, LLC, a Missouri Limited Liability Company
By:
Witness (signature)Signature
(print name)Title
Witness (signature)
(print name)
ATTEST:
DWIGHT E. BROCK, Clerk
By
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
BOARD OF COI.INTY COMMISSIONERS
COLLIER COLINTY, FLOzuDA
BY:
ANDY SOLIS, Chairman
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16.C.2.a
Packet Pg. 671 Attachment: FGUA Bare License (4755 : FGUA Bare License Agreement for Aceess to Property)
Exhibit'A'
Collier Plaza
1 1985 Collier Boulevard
Naples, Florida
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16.C.2.a
Packet Pg. 672 Attachment: FGUA Bare License (4755 : FGUA Bare License Agreement for Aceess to Property)