Loading...
Resolution 2023-137 RESOLUTION No. 2023 - 1 37 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT FOR USE OF PROPERTY OWNED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TO BE USED TEMPORARILY FOR CONSTRUCTION STORAGE. WHEREAS, Haskins, Inc., contractor for the Palm River Public Utilities Renewal (PUR) project, areas 1 & 2, desires to lease vacant property owned by the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (County), located at 15395 Livingston Rd, Naples, Florida, for construction storage. WHEREAS, the License Agreement for Construction Storage (License) provides for a thirty-two month term commencing on the date that the Board of County Commissioners approves the License, with a provision for either party to terminate, at any time, by providing advance written notice to the other party. The monthly rent will be Five Hundred Dollars ($500.00). WHEREAS, the Board of County Commissioners is satisfied that this property may be used by Haskins, Inc. 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 attached License Agreement for Construction Storage with Haskins, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the License Agreement for Construction Storage with Haskins, Inc. This Resolution adopted this 25+i) day of 7„1v , 2023, after motion, second and majority vote. I �0.011111111N, � ATTEST: .,,s ,,, o ``r% Crystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISNc/ONERS OF , Court and Comptroller COLLIER COUNTY, EURIDA, AS TkiE GOVERNING BODY OF L-;IER COUNTY -AND 3` PP '' AS EX-OFFICIO THE GOVBIINO BOARD OF=T-IE COLLIER COUNTY WATER WER DISTRICt litilit1tl. BY: _ . ' BY: / t,ast as • - rma'r Fe ►ty Clerk Rick LoCastro, Chairman signaturf ' ►y .., '' 4 ' >8'' Appr% i IS to form an legality: ',' iiii '‘):\-. , tti # ..-AwAt ,\ \c„, 03 Ronald T. Tomasko DC? Assistant County Attorney 0 LICENSE AGREEMENT FOR CONSTRUCTION STORAGE LICENSE BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF A CONSTRUCTION STORAGE AREA. This Limited Use License Agreement ("Agreement") entered into this ?Sty` day of jay 2023, by and between the Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District. whose mailing address is, in care of, Real Property Management, 3335 Tamiami Trail East, Suite 102. Naples, Florida 34112, hereinafter referred to as"BOARD"or"LICENSOR"and Haskins. Inc.,a Florida Profit Corporation, whose mailing address is 10956 Enterprise Ave., Bonita Springs, FL 34135, hereinafter referred to as"LICENSEE." 1. LICENSEE requests the use of County-owned land for the purpose of a construction storage area for the Palm River Public Utilities Renewal (PUR) project, areas 1 & 2. The Board hereby approves the use of County-owned property identified as a portion of 15395 Livingston Rd, Naples, Florida, as shown in Exhibit "A," which is attached and made a part hereof, hereinafter referred to as "Property." LICENSEE shall be limited to only utilize the area depicted in Exhibit"A". 2. LICENSEE shall access the Property only by way of Piper Blvd. 3. The approval of the use of the Property by the LICENSEE is expected to extend for thirty-two months. The Board can cancel this Agreement at any time without incurring any liability or expense whatsoever. However, the Board will cancel this Agreement only for a valid reason and the Board 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 its equipment and materials not later than thirty (30) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. The LICENSEE is permitted to terminate this Agreement at any time by providing the Board with a minimum of ten(10)days' written notice. 4. LICENSEE shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, 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 the Real Property Management Department, 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, for approval and shall include a provision requiring ten (10) days prior written notice to Collier County in the event of cancellation. LICENSOR shall be granted the right to revise said insurance policies throughout the term of this Agreement when deemed necessary. 5. LICENSEE shall hold harmless and defend the Board of County Commissioners of Collier County, Florida, and the Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District, 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 t the Property. LICENSEE further agrees to indemnify Board for any costs, expenses or fees, including attorneys' fees (including all appeals), arising from any and all claims and/or causes of action whatsoever arising from or associated with the LICENSE'S activities and/or use of the Property. 6. This Agreement is not assignable. Any attempt to assign this Agreement is void ab initio. 7. LICENSEE shall provide monthly rent in the amount of Five Hundred Dollars ($500.00)by or on the first of each month, made payable to Collier County Board of County Commissioners, remit to Real Property Management, 3335 Tamiami Trail East, Suite 102,Naples, Florida 34112. 8. LICENSEE agrees to clean the site prior to its use at no cost the LICENSOR. 9. LICENSEE shall return the Property to the Board at the termination of this Agreement, or earlier, clean and free of any equipment materials,debris. AS TO THE ICEN EE: Haskins. Inc.,a Florida Profit Corporation DATED: 6 / 20z3 By: _ _ BEN AMIN . WEL , resident � �� � getttlm itttt1t1 , i �yk‘ %.'', u 1S,'/�,r ��J1 Crystal K. Kinzel,Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS OF Court and Comptroller COLLIER COUNTY, �R.A,0 i `A$. THE GOVERNING BODY OF CJ AND AS THE EX-OFFICIO GOV ",� A OF-:IJ IE COLLIER COUNTY WATER- DISCI By: . By: (.726 ;?' .._ Dt ptClerk RICK LOCASTRO, Chairman Attest-a; fa ChaIrtCfia. ' ,, �. sgrfature only ,',. �,, it.Approve. . o d legality: PI t nald T.Tomasko Assistant County Attorney 1 2 ,- EXHIBIT "A" { a. I t I i i. i . ,j,:, ., i .,,,,.,...,.., f �M ° f Construction rp ' a Storage Area a F ;ate 401 tit 0 # � f