Resolution 2020-017 RESOLUTION No. 2020 - 1 7
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, 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, APPROVING A BARE LICENSE AGREEMENT BETWEEN
COLLIER COUNTY AND CAPRI COMMUNITY,INC.
WHEREAS, Capri Community, Inc., (the "Organization") desires to utilize a portion of vacant
property owned by Collier 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
January 28, 2020, and ending January 27, 2025, and includes five (5) automatic five-year renewals, with
no annual rent.
WHEREAS, the Board of County Commissioners is satisfied that this property may be used by the
Organization and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the Bare License Agreement between
Collier County and Capri Community, Inc.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the Bare License Agreement.
This Resolution adopted this 28th day of January 2020, after motion, second and major tx�vgte.
ottBOARD OF COUNTY COMMISSIPNIRS COLLIER'..
COUNTY, FLORIDA, AS THE GOVI1kNIN4Q• RD OF
ATTEST: COLLIER COUNTY, AND AS EX-O#F3C:0 `
Crystal K. Kiel-Clerk GOVERNING BOARD OF THE -dLI, COUNTY'
,.„,,fj`4� 3 .801,9 WATER-SEWER DISTRICT
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BY: v. G . BY:
,�;P :��clerk BURT L. SAUNDERS, Chairman
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Approved as to form and legality:
Jennilei•A. Belped Assistant County Attorney
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BARE LICENSE AGREEMENT
This Limited Use Bare License Agreement ("Agreement") entered into this 10th day of December,
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,
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 portion of County-owned land, and 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," for the placement of an Armed Services/Veterans Memorial, in
addition to an off-road parking area that shall serve as the point of entry to the Property for the
LICENSEE, its patrons and contractors to access the Memorial, as shown on Exhibit "A," which is
attached and made a part hereof this Agreement.
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
from or associated with the LICENSEE'S activities and/or use of the Property.
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5. LICENSEE shall procure and pay all expenses related to the Property and the Memorial to include.
but not limited to. installation, maintenance, electrical fixtures, electrical service, irrigation, irrigation
maintenance, water use. landscaping, and landscape maintenance. No aspect of the use of the Property
shall be a cost to the County. LICENSEE shall provide, maintain, and replace, at its sole cost and
expense, the American Flag at the Memorial, and the etiquette for displaying the American Flag shall be
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 attempt to assign this Agreement is void ab initio.
8. This Agreement shall supersede and replace all prior agreements and understanding,oral or written
between the partiers hereto.
AS TO THE LICENSEE: Capri Community, Inc..
DATED: �l J✓' 4', J�, , a not for profit Flo '•. Corporatio
By: �J►ri► t,..
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Witness(signature) ' re)
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First Witness(pri e) (Print Y e and corporate title)
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Se •nd Witness signatu
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Second Witness(print name)
AS TO COUNTY
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ATTES 9.40,, •., �, BOARD OF COUNTY COMMiSS10NER���c�'1� �; �
Crys3a CI,oSk-. COLLIER COUNTY. FLORIDA.AS 1"}
GOVERNING BOARD OF COLLIER eouN '
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By;: ••_ _ `� l s l AS EX-OFFICIO AS THE GOVERNT�?II T 13 �OF
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� It' r THE COLLIE COUNTY WATER-SEWEI " I T�R i
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signature o'I ri4 �`,�° `h °R ti `ti
BY: • �.
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Burt L. Saunders, Chairman •
Approved as to form and legality:
Jenn A. Belpedio
Assistant County Attorney �1
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Exhibit"A"
Veterans Memorial
920 Capri Boulevard
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