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TE - Folio #36111520003 Project: Naples BMX Sports Pak Folio Numbers: 36111520003 TEMPORARY RIGHT OF ENTRY AGREEMENT THIS TEMPORARY RIGHT OF ENTRY AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter "Grantor"), and NAPLES VELO CYCLING ALLIANCE INC., a Florida Not For Profit Corporation, whose mailing address is 2390 Tamiami Trail North, Naples, FL 34103 (hereinafter "Donor") and BONNESS, INC., a Florida corporation, whose mailing address is 1900 Seward Ave., Naples, FL 34109 (hereinafter "Contractor"). WHEREAS, the Grantor is the owner of real property located in Collier County, Florida, identified by the Folio number listed above where the Wheels BMX Skate Park (Wheels) is located on the annex of the Golden Gate Community Center (the "County Property"); and WHEREAS, the County Property is home to a National Bicycle Lease (USA) sanctioned BMX track and holds several local and regional tournaments throughout the year; and WHEREAS, the current staring gate at Wheels is over twenty (20) years old and is no longer considered to be the safest style gate used in tournaments and a new start gate is needed; and WHEREAS, the Donor has offered to pay the Contractor for the excavation/site work on the hill that will allow the new start gate structure to be installed WHEREAS, the Grantor desires to allow Contractor access to the County Property for the stated purposes, on the terms and conditions set forth herein; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Grantor hereby grants to Contractor the temporary license and right to enter over, upon, and across the County Property, at no cost to the Grantor, for the sole purpose of performing excavation/site work on the hill to allow the new start gate structure to be installed. 2. Contractor intends to work 6 days a week, Monday through Friday, from 7 AM to 7 PM, and on Saturday, 7AM to 5 PM. These are the standard operating work hours per Collier County. 3. The Grantor shall pay for all costs of recording the Agreement upon approval of said Agreement. 4. This Agreement shall be in full force and effect for ninety(90) days from the date said Agreement is accepted by the Collier County Board of County Commissioners, unless extended by mutual written agreement of the parties hereto. The Manager of Parks and Recreation or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional 60 days without further approval by the Board of County Commissioners. 5. Contractor shall perform excavation/site work on the hill to facilitate the installation of the new start gate structure to be installed to the satisfaction of the Collier County Parks and Recreation Director or designee. 6. Contractor is aware that Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. The rights granted herein are conditioned upon the reasonable exercise thereof by Grantee, and Grantee agrees not to interfere with Grantor's use of the County Property. 8. Contractor hereby undertakes to indemnify and save harmless Grantor, its respective parent and affiliated companies, and agents, officers, directors, employees, members, partners, successors and/or assigns (the "Indemnitees"), from any liability or damages Indemnitees may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments against them arising out of Contractor's exercise of its right to enter the County Property for the purposes set forth herein. This indemnification includes claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments arising out of personal injury, property damage, environmental contamination, and any other event in any way related to Contractor's use of the County Property for these purposes, no matter how remote, and shall include damages of any nature, whether compensatory, consequential, punitive or otherwise, all costs incurred in the defense of every claim, demand, cost or judgment, whether attorney fees or otherwise, and all costs incurred by Indemnitees in the enforcement of this Agreement, and will extend from the date of this Agreement until termination of this Agreement in writing by either party and as provided herein. Written termination of this Agreement shall in no way limit Contractor's obligations hereunder for claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments of any nature, that arise out of Contractor's use of County Property prior to the date of the termination. This provision shall not apply to any damages suffered by Grantor as a result of the execution, recording and existence of this Agreement. 9. Contractor is currently a Board of County Commissioner approved contractor under Roadway Contract 16-6663 and has a W-9 and insurance certificate on file. Contractor, prior to entering upon the County Property and at all times thereafter, obtain and maintain comprehensive bodily injury and property damage liability insurance on a per-occurrence basis with minimum limits of liability in an amount of Three Hundred Thousand Dollars ($300,000.00)combined single limit, and including a loss payable clause in favor of Grantor, naming Grantor as Additional Insured under the policy, and shall provide evidence of such insurance prior to use of the County Property, Grantor which shall include a provision that the insurance may be cancelled only upon thirty (30) days prior written notice to Grantor. Go 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have set their hand on this the L9` day of 0 0 u e..N\I (}.), , 2019. Grantor: ATTEST: BOARD 0, ti/iUN . *MMISSIONERS CRYSTAL K. KINZEL, Clerk I L • re 4 ,s Y, FLO' IDAir . t.f ,` ' OO Attest as toChairuri;tputy Clerk 'LLIAM L. MCDANIEL, J'., Chairman 'ignatureanty. Approved as to form and legality: Jennifer. :elpedio,Assi*ounty Attorney Donor: ' ,�1 -4 v ------ NA LES VELO CYCLING ALLIANCE, INC, (Signature) a F'orida not for pr fit corporation 46/,/A4-/th L- Ln. - -' 1 � qt Name) Ytx��r it.1 r, .c ( 11214, \ 74 ature Sundi Faith, Vice-President \LAI vrt;a ` ,' -t r,,A\, (Print Name) STATE OF FLORIDA _ COUNTY OF Co 11 Lam... The foregoing instrument was acknowledged before me this $TN day of iJwc,...l.2- , 2019, by Sundi Faith, as Vice-President on behalf of Naples Velo Cycling Alliance, Inc., a Florida not for profit corporation.SHe (4s personally known to me or (_t has produced as identification. "--.. -...4 C7'r ' dz...--------' Signature �n�A-tll1 L/ lAa7,-er, Print Name NOTARY PUBLIC s� Notary Pudic State d Florida ffrf EdwardLLarsen Commission Number: It My Commission FF 958755 %q�.d Expns 0311812020 06,) 11 Contractor: u- \ • ,� ' BONNESS, INC, a Florida corporation (Si.na re) ' (Priv ) Alreloppo (Signature) 41110"... Kathleen M. Bailie, President (Print Name) STATE OF FLORIDA COUNTY OF CvMer The foregoing instrument was acknowledged before me this 5 day of k3ov• , 2019, by Kathleen M. Bailie, as President on behalf of Bonness, Inc., a Florida corporation. She ( X ) is personally known to me or ( ) has produced as identification. cir• yEIY 119% ���i Signatu e :�CP .4, • Print Name �•a �O'•'°' NOTARY PUBLIC *: ren soe : Commission Number: c7c \. Zr3, aO- X 01•' to q, �i 9 °Mled a � _. in Ins .• f��