Backup Documents 11/12/2019 Item #16D13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** 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 routinglines#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. Jennifer A. Belpedio, Asst. County Atty. County Attorney h A n 11 l,�'1�
County Attorney's Office �1(�
2. BCC Office Board of County (�llf � ( �dr�
Commissioners ,
,N
3. Minutes and Records Clerk of Court's Office 1
V A) It 11311 )(:Zti¢
PRIMARY CONTACT INFORMATION
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 Toni A. Mott Phone Number 239-252-8780
Contact/ Department
Agenda Date Item was November 12,2019 Agenda Item Number ),6•1:51-..-t b'l?,
Approved by the BCC
Type of Document Temporary Right of Entry Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
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? . 44:11 o i(4,0/ TAM
2. Does the document need to be sent to another agency for additional signatures? If yes, I 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's 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 TAM
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 TAM
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 document was approved by the BCC on November 12,2019,and all changes TAM
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Memorandum
TO: Virginia Neet, County Attorney's Office 1 6 Q 13
FROM: ni A. Mott, Manager, Real Property Management
DATE: November 12, 2019
RE: Naples BMX Sports Park — Temporary Right of Entry Agreement
The Board of County Commissioners approved the aforementioned document on November
12, 2019, Agenda Item 16.D.3.
Attached, please find the original Temporary Right of Entry Agreement for attestation along
with the requisite "pink slip" for routing of the document for the Chairman's signature.
Also attached is a Memo to Minutes & Records for the attestation of the Chairman's
signature.
Please contact me at extension 8780 with any questions.
Thank you!
Memorandum
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TO: Minutes & Records Management
ti
FROM: ��ni A. Mott, Manager, Real Property Management
DATE: November 12, 2019
RE: Naples BMX Sports Park — Temporary Right of Entry Agreement
The Board of County Commissioners approved the aforementioned document on November
12, 2019, Agenda Item 16.D.3.
Attached is the original Temporary Right of Entry Agreement for attestation.
Please attest to Commissioner McDaniel's signature as Chairman on the document.
Please scan and email me a copy of the fully executed document and contact me if you have
any questions or comments at Extension 8780.
Thank you very much.
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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.
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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.
1 6 0 1 3
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 t'.4" day
of y\i u , 2019.
Grantor:
ATTEST*: BOAR* 011ei*UNT 0MMISSIONERS
CRYSTAL K. KINZEL, Clerk aL ,* Y, FLOIDP
-
,4010
iu „frity.,t BY: ,
"Attest as to Chanatiolleputy Clerk 'LLIAM L. MCDANIEL, Je., Chairman
Itgnatureonly..
Approved as to form and legality.
Jen elpedio Ass) County Attorney
14f .
Donor:
NAPLES VELO CYCLING ALLIANCE, INC,
(Signature) a Florida not for pr fit corporation
- '4-41'e."'"
(PtN ;) '
Nij X
41/
(Sgypture) Sundi Faith, Vice-President
(Print Name)
STATE OF FLORIDA
COUNTY OF ( Ht .
The foregoing instrument was acknowledged before me this s'ilj day of
, 2019, by Sundi Faith, as Vice-President on behalf of Naples Velo Cycling
Alliance, Inc., a Florida not for profit corporation.SHe ( )'is personally known to me or(_)
has produced as identification.
Signature
a IN Z LA a 1-1'
Print Name
NOTARY PUBLIC
,4\ rircdrnstrseaten°F"nda Commission Number:
VoT1 °E4:Fiicir 2
11si°n FF
F0 9937"
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Contractor:
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' ' 1 --,- BONNESS, INC, a Florida corporation
(Si.na re) I
rin'
(P .dt ) Ajr )
(Signature) I Kathleen M. Bailie, President
r c t€. ( Vv0 rr'bl'!
(Print Name)
STATE OF FLORIDA
COUNTY OF C.vM
The foregoing instrument was acknowledged before me this 'j day of
Ivov• , 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.
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.���\\a`` Y R9.%. Signature �` ,1.1-i
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�•. ..•••
�� **. S Print Name
NOTARY PUBLIC
. ..••• + z' Commission Number: c7 \. 2�3J 0, ..
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