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Agenda 01/28/2020 Item #16C 1 (Resolution approving the installation of Armed Services/Veterans Memorial w/Capri Community, Inc.)01/28/2020 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and to approve a Bare License Agreement with Capri Community, Inc., for the installation of an Armed Services/Veterans Memorial. OBJECTIVE: To obtain approval from the Board to adopt a Resolution and to approve a Bare License Agreement with Capri Community, Inc., to utilize a portion of County-owned property on Capri Boulevard in order to install an Armed Services/Veterans Memorial. CONSIDERATIONS: The County Water-Sewer District, under the Board of County Commissioners, owns a triangular parcel of land located at 920 Capri Boulevard (“Property”). On March 26, 2019, Board item 16 C 3, Capri Community, Inc. (Petitioner), entered into a Bare License Agreement with the County in order to install a welcome sign on the road to the Isles of Capri. At this time, the Petitioner has requested an additional area at the Property to construct an Armed Services and Veterans Memorial (“Memorial”). Attached is a Bare License Agreement (“Agreement”) which allows the Petitioner to utilize an approximate thirty-foot by thirty-foot portion of the triangular-shaped Property, along with ingress and egress across County property with a parking area off Capri Boulevard as shown on the Exhibit that is attached to the Agreement. The initial term shall be for five-years with five separate five-year automatic 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 shall pay for all costs related to the Memorial including, but not limited to, the design, permitting, construction, installation, electrical fixtures and service, landscaping, irrigation, and maintenance related to all aspects of the Memorial. 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 Department. No aspect of the Memorial’s cost, permitting, construction, replacement, or maintenance shall be the responsibility of the County. The Memorial, nor the surrounding area of the sign, shall never be used for any commercial or political advertising. FISCAL IMPACT: Beyond staff time 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: That the Board adopts the Resolution and approves the Bare License Agreement with Capri Community, Inc., and authorizes its Chairman to execute the attached Agreement and Resolution. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Capri Community Veterans Memorial executed 2019 (PDF) 2. Capri Communities Inc. Veterans Memorial Resolution 12-10-19 (PDF) 16.C.1 Packet Pg. 1494 01/28/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 10663 Item Summary: Recommendation to adopt a Resolution and to approve a Bare License Agreement with Capri Community, Inc., for the installation of an Armed Services/Veterans Memorial. Meeting Date: 01/28/2020 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 10/24/2019 4:19 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 10/24/2019 4:19 PM Approved By: Review: Water Pamela Libby Additional Reviewer Completed 10/24/2019 4:24 PM Facilities Management Toni Mott Additional Reviewer Completed 10/24/2019 4:46 PM Facilities Management Damon Grant Director - Facilities Completed 10/24/2019 5:00 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/28/2019 2:55 PM Wastewater Beth Johnssen Additional Reviewer Completed 11/05/2019 3:22 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/15/2019 9:17 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/15/2019 3:07 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/19/2019 4:33 PM Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/19/2019 4:46 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/19/2019 6:29 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2019 2:04 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/20/2020 1:34 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM 16.C.1 Packet Pg. 1495 BARE LICENSE A(;REEMENT This Limited Use Bare License Agreement ("Agreement") entered inlo th.is l0s da1' of September. 2019, by and between Board ofCounty Commissioners of Collier County Florid4 as rhe Goveming Board of Collier County. and as Ex-officio as the Goveming Board of rhe Collier County Water-Sewer Districl. whose mailing address is. in care oi Real Properq Management, 3335 Tamiami Trail Easr. Suire l0l. Naples, Flori& 34112, hereinafter referred to as "county." and capri community, Inc., a nol-for-profit Florida corporation, whose mailing address is 338 Capri Drive, Naples, Florida 341 13, hereinafter referrcd to as "LICENSEE". l. LICENSEE requests the use of a portion of County-owned land, and the Board hereby approves the use of that ponion of County-owned property identified as 920 Capri Boulevard, Naples. Florida hereinafter referred lo as "Property." for the placement of an Armed Services/Veterans Memorial. in addition to an off-road parking area rhat shall serve as the point of entry to the Propertv for the LICENSEE, its patrons and contractors lo access the Memorial. as shown on Exhibit "A." which is atlached and made a part hereofthis Agreement. 2. The approval for use of the Property b1'the LICENSEE will extend for five (5) years (lnitial Lease Term), commencing upon the date in ruhich the Coung'executes this Agreement. If LICENSEE is nor in violation of any of the terms and condirions 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, al any time. without incurring any liability or expense whatsoever. However, the Coun$'will cancel this Ageement only for a valid reason and the County will endeavor to give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this Agreement. I-ICENSEE shall rcmove the sign not later than thirty (30) days after receipr of notice of cancellation and retum the Property to irs original condition as to the condition prior to the commencement of this Agreement rerm. LTCENSEE shall acquire all required permits. 3. LICENSEE shall provide and maintain general liabilir.v insurance policflies), approved by. rhe Collio Countv Risk Management Division. for not less than One Million Dollars (5l,000.000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to Real Property Management. 3335 Tamiami Trail Ea$. Suite l0l, Naples. Florida. 34112. for approval and shall include a provision requiring ten (10) days prior written notice to Rea.l Property Management in the event of cancellation. The Counry* shall be granted the right lo revise said insurance policies throughour the term ofthis Agreement when deemed necessar). 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 persorr or propeny.- arising from or associated *ith the LICENSEE'S activities and/_or use of the Property. LICENSEE further agrees to indemnili the County for any costs, expenses or fees, including attomeys' fees (including all appeals). arising from any claims or causes of action for loss, injury andfor damage to persons or property arising from or associated with the LICENSEE'S activities and/or use ofthe Property. 1 @ 16.C.1.a Packet Pg. 1496 Attachment: Capri Community Veterans Memorial executed 2019 (10663 : Bare License Agreement with Capri Community, Inc., for the 5. LICENSEE shall procure and pay all exp€nses related to the Property and the Memorial to include. but not limited to. installation. maintenance. electrical fixturcs, electrical service. irrigation, irrigation maintenance. water use, landscaping. and landscape maintenance. No aspect of the use of the Propert-v shall be a cost lo the County. LICENSEE shatl provide, maintain, and replace. at its sole cost and expense. the American FIag at the Memorial, and the etiquene for displaying the American Flag shall tr governed by the 1942 Congressional Resolution. as amended, U.S. Flag Code. 6. The Memorial, nor the area surrounding the Memorial, shall not contain any commercial or political advertising at any time. 7. This Agreement is not assignable. Any anempt to assign this Agreement is void ab inirio. 8. This Agreement shall supersede and replace all prior agreements and rmderstanding, oral or *rinen between the partiers hereto. AS TO THE LICENSEE:Capri Communitv. Inc.. DATED:J/a not for profir Fl C o First Witness (pri e) S Witness Second Wi lness (prinl name) AS TO COUNTY: ATTEST: Crystal K. Kinzel. Clerk B), . Deputl Clerk B)', C KTT (Print and corporate title) BOARD OF COL,]NTY COMMISSIONERS OF COLLIER COI.JNTY, FLORIDA. AS THE GOVERNING BOARD OF COLLIER COIJNTY, AND AS EX.OFFICIO AS THE GOVERNMENT BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT RY William L. McDaniel. Jr.. Chairman Witness (signature) { Jennifer A. Belpedio Assistant County Anomey ;\q 2 1O t @ Approved as to tbrm and legaliq; 16.C.1.a Packet Pg. 1497 Attachment: Capri Community Veterans Memorial executed 2019 (10663 : Bare License Agreement with Capri Community, Inc., for the t aL: c zI E .aIg Ea ,t { I f ; \ I /- Exhibit "A" Veterans Memorial 920 Capri Boulevard t a o E a II il[,;, "$. iEIs gflE B E I @ ( '{ I I t !I o o @ oE .t 16.C.1.a Packet Pg. 1498 Attachment: Capri Community Veterans Memorial executed 2019 (10663 : Bare License Agreement with Capri Community, Inc., for the RESOLUTION No.2019 - RNSOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BOARD OT'COLLIER COUNTY, AND AS EX.OF'FICIO AS THtr GOVERNING BOARD OF THE COLLIER COIJNTY WATER-SEWER DISTRICT, APPROVING A BARE LICENSE AGREEMDNT BETWEEN COLLIER COUNTY AND CAPRI COMMUNITY, INC. WHEREAS, Capti Comrnunity, Inc., (the "Organization") desires to utilize a poltion of vacant ploperty owned by Colliet County, a political subdivision of the State of Florida ("Collier County"), located on Capri Boulevard to install an Armed Services / Veterans Memorial. WHEREAS, the Bare License Agreement provides for an initial five-year term commencing on December 10,2019, and includes five automatic five-year t'enewals, with no annual rent. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Organization and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD O! COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thAt: The Board of County Comrnissioners does approve the attached Bare License Agrcement between Colliel County and Capri Community, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby autholized to execute the attached Bare License Agrcement, This Resolution adopted this 10th day ofDecember 2019, after motion, second and majority vote. ATTEST: Clystal Kinzsl, Clerk By: Deputy Clelk Approved as to form and legality: BOAR.D OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BOAR-D OF COLLIER COLTNTY, AND AS EX.OFFICIO AS TT{E GOVERNING BOARD OF THE COLLIER COT'NTY WATER.SEWER DISTRICT BY: William L. McDanie[, Jr., Chairman Jennifer A. Belpedio, Assistant County on"r".;ar-.U r,'5O @ 16.C.1.b Packet Pg. 1499 Attachment: Capri Communities Inc. Veterans Memorial Resolution 12-10-19 (10663 : Bare License Agreement with Capri Community, Inc., for