Agenda 03/26/2019 Item #16C 303/26/2019
EXECUTIVE SUMMARY
Recommendation to approve a Bare License Agreement with Capri Community, Inc., for the
installation of a welcome sign on Collier County Water -Sewer District property.
OBJECTIVE: Capri Community, Inc., requires an Agreement with the County to utilize a portion of
Collier County Water -Sewer District owned property on the Isles of Capri in order to install a welcome
sign.
CONSIDERATIONS: The Collier County Water -Sewer District, under the Board of County
Commissioners, owns a triangular parcel of land located at 920 Capri Boulevard off C.R. 951
("Property"). In 1966, the Isle of Capri Civic Association ("Civic Association") entered into a five-year
Lease with Capri Water Works, Inc., predecessor to the Collier County Water -Sewer District, to install a
welcome sign on the subject property which is an approach to the Isles of Capri. The Civic Association
filed a Voluntary Dissolution with the State of Florida in 2007.
In order to maintain the presence of the welcome sign, Capri Community, Inc. ("Petitioner"), would like
to replace the sign but is unable to obtain a permit without ownership records or documentation
authorizing use of the Property. Since the Petitioner and the County are unable to locate a long-term lease
for this use, a Bare License Agreement has been prepared to allow the Petitioner to utilize a fifty -foot by
fifty -foot portion of the triangular-shaped Property, along with ingress and egress across County property
along the right-of-way along Samar Avenue. The term shall be for an initial five-year term with five
separate automatic, five-year renewals, with the stipulation that the Petitioner is not in violation of any of
the terms of the Agreement. There shall be no rent charged as this is a community benefit. The Petitioner
is required to pay for all costs related to the sign; purchase, permitting, installation, maintenance,
electrical fixtures and service, landscaping, irrigation, and maintenance related to both. The Petitioner
will be required to provide the County with a Certificate of Insurance in which the limits have been
reviewed by the Risk Management Division. No aspect of this sign's cost, permitting, replacement, or
maintenance shall be the responsibility of the County. The sign, nor the surrounding area of the sign,
shall be used for any commercial advertising at any time.
FISCAL IMPACT: There is no fiscal impact related to this item.
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 with Capri Community, Inc., for the use of Collier County Water Sewer District owned
property.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Agreement 2019 CAO (PDF)
2. Isles of Capri Sign Exhibit (PDF)
16.C.3
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16.C.3
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doe ID: 8048
Item Summary: Recommendation to approve a Bare License Agreement with Capri Community,
Inc. for the installation of a welcome sign on Collier County Water -Sewer District property.
Meeting Date: 03/26/2019
Prepared by:
Title: Property Management Specialist, Senior — Facilities Management
Name: Michael Dowling
02/22/2019 1:25 PM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
02/22/2019 1:25 PM
Approved By:
Review:
Facilities Management
Water
Facilities Management
Public Utilities Department
Public Utilities Department
County Attorney's Office
Public Utilities Department
County Attorney's Office
Office of Management and Budget
Budget and Management Office
County Manager's Office
Board of County Commissioners
Toni Mott
Additional Reviewer
Pamela Libby
Additional Reviewer
Damon Grant
Director - Facilities
Dan Rodriguez
Additional Reviewer
Sarah Hamilton
Level 1 Division Reviewer
Jennifer Belpedio
Level 2 Attorney of Record Review
George Yilmaz
Level 2 Division Administrator Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Valerie Fleming
Level 3 OMB Gatekeeper Review
Ed Finn
Additional Reviewer
Heather Yilmaz
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed 02/22/2019 1:57 PM
Completed 02/25/2019 8:20 AM
Completed 02/25/2019 10:17 AM
Completed 02/26/2019 4:12 PM
Completed 03/04/2019 9:24 PM
Completed 03/05/2019 9:25 AM
Completed 03/05/2019 11:54 AM
Completed 03/05/2019 3:14 PM
Completed 03/06/2019 3:45 PM
Completed 03/12/2019 6:45 PM
Completed 03/18/2019 9:54 AM
03/26/2019 9:00 AM
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16.C.3.a
BARE LICENSE AGREEMENT
This Limited Use Bare License Agreement entered into this 26th day of March, 2019, by and
between Board of County Commissioners of Collier County Florida, as the Governing Board of Collier
County, and as Ex -officio as the Governing Board of the Collier County Water -Sewer District ("County"),
whose mailing address is, in care of, Real Property Management, 3335 Tamiami Trail East, Suite 101,
Naples, Florida 34112, hereinafter referred to as `County,' and Capri Community, Inc., a not for profit
Florida corporation, whose mailing address is 338 Capri Drive, Naples, Florida 34113, hereinafter referred
to as "LICENSEE".
1. LICENSEE requests the use of a fifty (50) foot by fifty (50) foot portion of County -owned land for
the purpose of installing one sign and maintaining the area surrounding the sign. The Board hereby
approves the use of that portion of County -owned property identified as 920 Capri Boulevard, Naples,
Florida, hereinafter referred to as "Property," as well as the right to ingress and egress the Property across
County -owned property from Samar Avenue as defined as "Point of Ingress and Egress," as shown on
Exhibit "A", which is attached and made a part hereof.
2. The approval for use of the Property by the LICENSEE will extend for five (5) years (Initial Lease
Term), commencing upon the date in which the County executes this Agreement. If LICENSEE is not in
violation of any of the terms and conditions of this Agreement, LICENSEE shall be granted five separate
five-year automatic renewals following the Initial Lease Term. This Agreement is a bare license. The
County can cancel this Agreement at any time without incurring any liability or expense whatsoever.
However, the County will cancel this Agreement only for a valid reason and the County will endeavor to
give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this
Agreement. LICENSEE shall remove the sign not later than thirty (30) days after receipt of notice of
cancellation and return the Property to its original condition as to the condition prior to the
commencement of this Agreement term. LICENSEE shall acquire all required permits.
3. LICENSEE shall provide and maintain general liability insurance policy(ies), approved by the
Collier County Risk Management Division, for not less than One Million Dollars ($1,000,000.00)
combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier
County 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 and shall include
a provision requiring ten (10) days prior written notice to Real Property Management in the event of
cancellation. The County shall be granted the right to revise said insurance policies throughout the term
of this Agreement when deemed necessary.
4 LICENSEE shall hold harmless and defend the County and its agents and employees, from any
claims, assertions or causes of action for any loss, injury or damage to persons or property arising from or
associated with the LICENSEE'S activities and/or use of the Property. LICENSEE further agrees to
indemnify the County for any costs, expenses or fees, including attorneys' fees (including all appeals),
arising from any claims or causes of action for loss, injury and/or damage to persons or property arising
fi•om or associated with the LICENSEE'S activities and/or use of the Property.
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16.C.3.a
5. LICENSEE shall procure and pay all expenses related to the Property and the sign to include, but
not limited to, installation, maintenance, electrical fixtures, electrical service, irrigation, irrigation
maintenance, water use, landscaping, and Iandscape maintenance. No aspect of the use of the Property
shall be a cost to the County.
6. The Sign, nor the area surrounding the sign, shall not contain any commercial advertising at any
time.
7. This Agreement is not assignable. Any attempt to assign this Agreement is void ab initio.
8. This Agreement shall supersede and replace all prior agreements and understandings, oral or
written between the partiers hereto.
AS TO THE LICENSEE:
DATED:
First Witness (signature)
First Witness (print name)
Second Witness (signature)
Second Witness (print name)
AS TO COUNTY:
ATTEST:
Crystal K. Kinzel, Clerk
IC
, Deputy Clerk
Approved as to form and legality:
Carpi Community, Inc.,
a not for profit Florida Corporation
(Signature)
(Print name and corporate title)
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BOARD OF COLLIER COUNTY, AND
AS EX -OFFICIO AS THE GOVERNMENT BOARD OF
THE COLLIER COUNTY WATER -SEWER DISTRICT
_l.
W.L. McDaniel, Jr., Chairman
Jennifer A. Belpedio `a"
Assistant County Attorney
.a� a
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16.C.3.a
Exhibit `A'
Property
Parcel Identification: 00746280003
920 Capri Boulevard, Naples, Florida
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Example of Proposed Sign
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16.C.3.b
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