ATTACHEMENT_R_GOODLAND_REDACTED.pdf

Vessel

COLLIER COI,JNTY BOARD OF COI,'NTY COMMISSIONERS

BOAT DOCK RECREATIONAL/COMMERCIAL USE AGREEMENT

THIS RECREATIONAL USE AGREEMENT (hereinafter '14,geement') is made this 15 day of March , 2021 , by and between llier Board of County Commissioners

*County'), whose address is

For valuable consideration, the receip and suffrciency of which is mutually acknowledged, the parties hereby agree as follows:

l. Premises / User's Vessel

G"Jl*d srip# I

!,*"=rip"),locatedattheI .l County agrees to permit the User to use Slip # County Marina ('Marina'), which includes the right to use the Slip and the non-exclusive right to use, in common with other Users at the Marin4 and the Public, the piers, wharves and loading platforms and the improvements constructed on them. The Slip and the Marina are located within the lands leased to the County pursuant to the State of Florida Sovereign Submerged Lease (as defined in Section 6.6 below). The Marina and location of the Slip are generally set forth on Exhibit "A" attached hereto and incorporated herein by reference. User agrees thar the County shall at all times have the right and privilege of determining the nature and extent of the Marina and Slip (including, without limitation, the right to modiff or revise the description of the Slip and Marina attachcd hereto as Exhibit A), and of making such changes, rearangements, additions or reductions to the Marina and Slip that the County shall deern proper, or which are made as a result of any federal, state or local law, nrle, regulation, gqideline or order.

ADDRESS

CITYII

HoMEPHONET(II- FAXil

EMERGENCY CONTACT

STATE: FL

BUSINESS PHONE

ll6-PKR{06s9/1328325/ll

PHONE:

1,2 Nothing contained herein shall be deemcd to grant an ownership righq leasehold intercst or tenancy right to User in the Slip or Marina.

I .3 User Information :

II TAJVID:_

EMAIL :mrriegins@comcast.net ne naIIe an( t

1.4

Vessel"):

Vessel SIip # ,J-

User's Vessel (The following vess€l shall be hereinafter refened to as "User's

VESSELNAME:-. ILREG.Doc.#trIII_ MANUFACTURER: Forcst 91y61 YEAR: 2OI2 LENGT}I:23fIIin

BEAM:ll DRAFT:I

INSURANCE

HULLSERTALIEIT

CIRCLE TYPE OF OWNERSHIP: Individual YES

CIRCLE TYPE OF VESSEL: Fishing Boat Sailboat oth"trI.- User must own a controlliog intercst (greatcr than 50%) in the User's Vessel User must provide an alndrvit of ownership interest in thc User's Vessel prior to entering into this Agreement upon rny change of owncrrhip ofthe User's Vessel, and any timc requested by the County.

OTHEROWNERS: %.(

t o/o

1.5 Notwithstanding anything to the conuary contained in this Age€ment, the County reseryes the right (in the County's sole and absolutp discretion) to reassign User to another Slip within the Marina that is of equal or grcater size to the Slip, upon ten (10) days notice to User.

User agrees to acknowledge in writing the reassignment of the Slip if requested by the County within ten (10) days ofthe counly's request.

2. Authority

2.1 The County Manager or desigree shall be authorized to execute, administer and provide for notification of temination of this Agreement.

2.2 The terrn of this Agreement shall begin on the date first written above and shall contiaue Aom month to month thereafter until lerminated by cither party, unless sooner terminated in accordance witll aod pursumt to, the terms and conditions of this Agreement, the Codes and Ordinances of Collier County, or the duly adopted nrles and regulations of the Marina and any other local, state or federal laws. This Agreement may be terminated by the County on lifteen ( l5) days notice to User of County's intent to terminate this Agreement. This Agreement may be terminated by User upon fifteen (15) days notice to the County of User's intent to terminate this Agreement.

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2.3 User acknowledges that User has no renewal option or renewal right under this Agreemcnt and tlnt upon the expiration or sooner termination of this Agreement, User shall immedia:ely deliver possession of thc Slip to the County.

3. Use Fee / Secufity Deposit

3.1 For each month dwing the term of this Agreanent, User agrees to pay County the us€ fee rate prescribed by Resolution of the Collier County Board of County Commissioners f'BCC) for the use of the Slip, which may be modified or amended in the sole and exclusive discretion of the BCC during the term of this Agr€ement, Upon signing this Agreement, User must pay the first montl's use fee and last month's use fee.

3.2 Use fees shall be paid in advance and shall be considered delinquent if not paid in firll on or before the tenth day of each month. In tlre event any use fei shall remain unpaid for thkry (30) days after the same become due and payable, County may, at the option ofthe County Manager or designee, terrninate this Agre€ment.

3.3 Futue use fee rates may be adjusted by the County arurually based upon a formula approved by the BCC Resolution. Such adjustments shall be automatic without the necd to amend the Agreernent, provided, however, in the event the County elects to amend the Ageement to reflect such increased fees, User agrees to amend the Agreement.

3.4 All payments shall be made without demand at the Marina Offrce, or at such other place and to such other person as the County may tom time to time designate in writing and shall be rcceived by the County no later than the tenth (l0h) day ofeach month.

3.5 When the Ageement begins on a date other than the first (l$) day of the month, the first month's use fee shall be prorated.

3.6 A charge offive percent (57o) of the total monthly arnount that is not paid when due shall be assessed each month. In addition, the County shall be able to place a lien against User's Vessel, or any vessel hereafter moored by Usc: ar the Slip, including the appurtenances and contents thereof, in the event ofany unpaid sums due for the use ofthe docking facilities or other services or for damages or injr.ries caused or contributed to by User or any vessel owned by User to any docks or property of the County or to any other property or persons at the Marina.

4. Possession

4.1 In retum for User's proper performance ofall obligations, County shall provide to User use ofthe Slip in reasonably good condition and without unreasonablc disturbancr.

S. Assignenl

5.1 User shall not assign or encumbcr this Agreement, or assign or transfer in any way, any interest in User's Vessel, or use or permit the use of the SIip for any purpose other than

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Vessel Slip # providod by the terms of this Agreement. User shall not allow anyone else to use the Slip by agrcement or otherwise, or any part thereof.

6. Use

6.1 Recreational users onlv: The Slip is to be used for docking or mooring space for recreational vessel and use purposes only, and only for User's Vessel. Any other use of the Slip by User is not permitted without the written consent ofthe County, which consent may be withheld in the County's sole and cxclusive diso€tion.

6.2 Commercial users onlv: The Slip is to be used for docking or mooring space for commercial charter vessel purpos€s, boat broker purposes, boat club or interval ownership puposes, water shuttle puposes, or similar commercial charter vessel puposes. User's Vessel shall not carry more than six (6) passengers. Any exceptions may be considered and extended at the sole discretion of the Parks and Recreation Director or his designee on an individual and case-by-case request. Any other use of the Slip by User is not permitted without the written consent of the County, which consent may be withheld in the County's sole and exclusive discretion.

6,3 The Slip is to be used at the sole risk ofUser, and the County shall not be liable for the care, pmtection or security of User's Vessel, appurtenances or contents, or for any loss or damage of any kind or nature to the User's Vessel, User's Vessel appurtenances or contents, due to fire, theft, vandalism, collision, equipment failure, windstonn, huricane, rains, other casualties or any other reason. There is no wananty of any kind as to the condition of the piers, walks, gangways, ramps, mooring gear, electrical and water servic€s, and the County shall not be responsible for any injuries to persons or prope(y occurring at the Marina, or on Marina property, for any reason.

6.4 User shall not deposit or allow garbage or trash to be deposited at the Slip. All garbage must be properly deposited and contained within the appropriate containers supplied by the County and User must comply with any and all laws relative to proper storage, removal or disposal of refuse.

6.5 User shall not crcate or cause any nuisance (as determined by the County, in the County's sole discretion) to occur or continue at the Slip or Marina-

6.6 User shall not conduct or engage in any illegal activity at the Slip, at the Marina or upon User's Vessel.

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5.2 No vesscl other than User's Vessel may be moored at the Slip. If User sells the existing vessel, purchases a new vessel, or the vessel is otherwise permanently removed, User shall immediately notiff County with the information on the new vessel, and provide intentions as to the future use ofthe Slip. Aay and all uses ofthe Slip must conform to the terms ofthis Agreemen!

the Code of Ordinances of Collier County, and the duly adopted rules and regulations for the Marina.

6.7 Uso, in the use and occupancy of the Slip, shall pmmptly comply with all statutes, ordinances, rules, orders, regulations, and requirements ofany governmental agency with authority over the Marina, including without limitation, the Collier County Parks and Recreation Marina Operafions and Management Plan which is attached hereto and incorporated herein as Exhibit "8" (collectively 'tounty Regulations'). Without limiting the generality of the foregoing, User acknowledges this Agreement is subject to that certain Sovereignty Submerged Land Lease Renewal (as may be further amended or renewd) with an effective date of June 25, 2015 to June 25, 2020, between the Crunty and the Board of Trustees of the Intemal Improvement Trust Fund of the State of Florida (collectively "Sovereign Lease"). User agees to abide by all the pmvisions of the Sovereigr Lease, and any amendments, renewals and modifications to the same. Further, User agrees lhat:

(a) All parts of User's Vessel (including without limitation, any extcnsions of the User's Vessel's bow pulpis, dive platforms, nets, hawl doors, outboard motors, outdrives and dinghies) moored at the Slip shall at all times be located wholly within the boundary of the Slip;

(b) User shall possess a curent rcgistation and title as required by Chapters 327 and 328, Florida Statutes, for User's Vessel, or cunent vessel rcgisralion and title as required in another state or county for User's Vessel;

(c) User's Vessel shall be maintained in a fully operational condition and capable of self-propulsion;

(d) Discharge to surface waters ofUser's Vessel's sewage is prohibited;

(e) Liveaboar& at the Marina are prohibited and the User's Vessel shall not be a liveaboard. "Liveaboard" is defined as a vessel docked at the Marina that is inhabited by a person or perso i for any fie (5) consecutive days or a total often ( l0) days within a thirty (30) day period;

and

(0 A violation or failure to comply with any of the foregoing stull, in addition to and not as a limitation of any other remedy of the County hereunder, entitle the County to immediately eject from the Slip and Marina the User.

Notwithstanding the term set forth in Section 2.2 above, in the event the Sovereigr lrase or any other governmental authodty or permission necessary to operate the Marina or the Slip is terminated or expires, this Agreement, at the solc option of the County, may be terminated by the

County and this Agreement shall be deerned to expire as of the date the Sovereign Lease of such other govemmental authority or permission necessary to operate the Marina or the Slip is terminated or expires, as the case may be.

6.8 User shall not do or permit any act which will conilict with provisions of any insurance policies covering the Marina.

5I r6PKR.00659/l 328325/l ] 6) v€sser- stip* L

6.9 The mooring of vessels at the Merina are subject to the ordinances, rules and regulations of Collier County (as may be amended from time to time), and the terms of this Agreemcnt, and do not cr€ate any other dghts ir User.

6.10 Restroom facilities are available during regular Marian business hours. Sewage pump-out is also available for a fee within the Marina

7. Boat lift 'l .1 No boat lifts of any kind are authorized for ilstallation at ttre Marina. Lits that are currently installed are authorized to remain pursuant to the terms ofthis Agreement. The User is required to provide proofof safe operation to Parks and Recreation Director or designee within 30 days of siping this Agrcement. Proof must be provided by a licensed lift installer or maintenance compauy. Failure to provide said proof within the time provided will automatically terminate this Agrcement. If the documentation reveals that the lift is not operational, the User is rcquired to come into compliance within 30 days or to remove ttre lift within 30 days from the date of the certification.

7.2 Boat lifu are subject to annual inspection and certification and must be provided to Parks and Recreation Director or desipee without demand or noticc on the anniversary of signing this Agreement. Failure to do so within 30 days from anniversary date will automatically terminate the Agreement. Once a boat lift is no longer operational, it must be removed. No new or replacement boat lifts will be authorized.

E. uriltties

8.2 In the event utility charges are due pursuant to Section 8,I, User shall be responsible for the timely payment of all utility charges, including without limitation charges for electricity, water, cable, and telephone, if any.

8.3 In the event utility charges are due pursuant to Section 7.1 and ifUser fails to make timely payments on said utility charges, the County may require the .unounts due to be paid as additional use fee on the date the next use fee payment is due.

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7.3 If an authorized User with a boat lift vacates the Marin4 the User must remove the boat lift and restore the dock to its original condition. Failurc to do so will result in rhe County seeking to recover th€ costs to have tlre boat lift removed and the dock restored.

8.1 If utility charges are deemed necessary (as determined in the County's sole discretion) at some future date, utility charges (including any and all ta(es) shall be added to User's montNy use fee bill without further negotiation.

9, Repairc and Maintenance

9.1 The County agrees to operate and maintain dockage and mooring facilities at the Marina in a reasooably cleaq sanitary, and safe condition and comply with federal, stat€ and local law and the terms and conditions of fedeml, state and local permits regarding the operation and maintenance of the Marina-

9.2 The County shall be rcsponsible for the repair, mainteoance and rcconstructiorL if and when the need arises (as determine by the County in the County's sole discretion), ofthe Slip and the Marina in a good, tenantable, and structurally sound condition, unless needed repairs and reconstruction are caused by the negligence or the wrongfi acts or other acts of User, user's Vessel, User's employees, guests, agents, visitors or invitees.

9.3 User shall keep the Slip in a clearl sanitary, and safe condition in accordance with any nrles, codes or regulations of any govemmental agencies having proper jurisdiction. County will have the authority to make such detcrmination in County's sole discretion.

9.4 User shall not make any improvement or alterations to the Slip without prior written approval ofthe County, which approval may be withheld in County's sole and exclusive disu€tion.

9.5 If the Slip is destroyed or so damaged by fire or other casualty during the term of the Agreement so as to bccome no usable by User (as determined by County in County's sole discretion), County shall have at its option: (i) the right, notwithstanding anything to the contary containcd herein, to immediately terminate this Agreement; or (ii) the right (but not the obligation) to render said Slip usable by tepairs within one hundred and twenty (120) days therefronr, and User shall not be obligated to pay any us€ fee during the period of time that the Slip is unusable.

In the event of such casualty, County shall not be required to make any repairs or rcplacement of any improvements, nor shall County be responsible for the replacement of User's Vessel or personal property, Ifthe County elects to render the Slip usable and the Slip is not rendered usable within such one hun&ed and twenty (120) day period, either party then shall have the option to canccl the Agreement, and if the A$eement is so canceled, the use fee shall be paid only to the date of such casualty. The cancellations herein conternplated shall be effected by written notice dfu€cted to *rc other party.

10. Right otEntry l0.l The County has the right, at all reasonable times, to enter upon the Slip to inspect, maintain, repair, or make reasonable alterations to the Slip. The County may not unreasonably interfere with the User's use of the Slip.

11. Signs

I l.l No sigrs are permitted.

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LVessel Slip # l2.l User, at User's own cost and expense, shall at all times during the term of this Agreement maintain with an insurance company, acceptable to County, a Public Liability and Property Damage policy to include fuel and oil spill liability with limits of not less than three hundred thousand dollars and no/100 cents ($300,000) per occuirence, naming Collier County Board of County Commissioners as additional insured, said minimum limit subject to fuffi€ increase by County. Commercial users arc required to maintain $500,000 p€r occturence as described herein.

12.2 User shall provided the County with a copy of the insurance policy evidencing coveragc upon execution of this Agreement and no later than thirty (30) days prior to expiration of a policy, evidence of the renewal of the policy.

12.3 Any contractors employed by User shall register at the Marina office prior to beginning work, providing a valid business license and proof of insurance naming the Collier County Board of County Commissioners as additional insured in compliance with the terms set forth herein and as designated by the County Risk Management with limits of not less than one million dollars and no/100 cents ($1,000,000) annual aggregate and comply with all laws.

12,4 Commercial users onlv: User shall provide the County with proof of workers' compensation coverage for the conduct of User's business, or with proof of exemption from covcmge requirements, r3. LiabW

I 3 . I To the maximum extent permitted by Florida law, the User shall indemnifr and hold hannless Collier County, its oftrcers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' fees and paralegals' fees, to the extent caused by the negligence, reoklessness, or intentionally wrongful conduct of the User or anyone employed or utilized by the User in the performance of this Agreement, This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereigr immunity beyond the limits set forth in section 758.28, Florida Satutes.

14, Release of Ltabilily Upon Sale, Lease, Renovation or Replocement

14. I In the event of: (i) any sale, or sales of the Slip or the Marina by the County; (ii) the assignment of this Agreement by the County; and/or (iii) any renovation, replacement or removal ofthe Slip or Marina by the County, the County shall have (at the County sole option) the right (but not the obligation) to immediatety terminate this Agtecment upon notice to User' The

County's obligations under this Agreement shall be binding upon the County only for the period of time that the County is a party to this Agreement and upon an assignment of this A$eement by

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12. Insurance the County, User shall look solely to the County's assignee under this Agreement for the satisfaction of each and every obligation ofthe County hereunder.

15. Rules and Regulations

15.1 The County reserves the right from time to time to adopt and to amend ordinances, rules and regulations applicable to the Slip and the Marina- The County will provide at least ten

(10) days notice of suoh ordinances, rules and regulations, prior to adoption by tbe BCC, to be poshd at the Marina Failure of the County to post at the Marina said ordinances, rulcs and regulations prior to adoption shall not affect the validity ofsaid ordinances, rules and regulations nor their effect upon this Ageement,

15.2 User acknowledges that with the signing of this Agreernent, the User hac received a copy of the current ordinances, rules, regulations and policies and agrees to abide by such ordinances, rules, regulations, and policies; and firther agrees to abide by such ordinances, rules, regu.lations and policies as may in the futuro be adoptcd or amended; and firther agrees to abide by all applicable federal, state and iocal laws and regulations.

16. Detaultby User

16.l Recognizing the importance to the County of maintaining a first-class image and operation of the Marina, User shall maintain at all time a professional relationship with the County, with other Users and with other persons visiting and using the Marina. Upon conviction of User for any felonious activity at the Marina, User shall be in default, and must vacate the Slip immediately.

16.2 In addition to any other default as so defined by the Agreement or by law, the following events shall be deemcd to be events of default by the User under the Agreement:

(a) User's failure to pay any installment of the use fee when zuch failure continues for a period to ten (10) days after the due date, or the User's failure to pay any other expense as herein provided when such failurc oontinucs for a period of t€n (10) days after written demand by the County;

(b) User's failure to comply with any tem, provision ot covenant of this Agrecmen! other than the payment ofthe use fee or expenses;

(c) Harassment, intimidation, retribution, or verbal, physical or emotional abuse directed by any person to any otler person; or

(d) Desertion or vacation of the Slip. Actual removal of User's Vessel for more than thfuty (30) consecutive days, together with the failure to pay the use fec as required herein, will constitute desertion or vacation. Vessels removed from the facility for emcrgency or major vessel repairs will not be considered desertion as dcscribed hereiq provided the County is notified of such repairs in writing.

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16.3 In the event of any default by Uset under the Agreement, the County may, 8t its option and witlnut limiting any other ght or rcmedy:

(a) Recover possession of the Slip on behalf of User and enter into an Agrcement for the Slip to another party. Further, User shall be liable for any use fee and other monies due and owing under this Agreement accruing after the event of default, plus any accrued interest" costs, and damages;

(b) Teminate the Agreement and re-enter and take possession of the Slip for the e,(clusive use of the County and bring an action for accrued use fee and costs; or

(c) Pursue any other rcmedy provided under law or equity including, without limitation, those set forth in Section 15.6 below.

16.4 Failure by the County to provide written notice of default shall not constitute a waiver nor abridge any rights of the County.

16.5 Unless otherwise prohibited by law, if User becomes insolvent or if bankruptcy pmceedings are instituted by or against User before the end of the term of the Agreement the County is hereby irrwocably authorized, at its option, to cancel the Agreement, as for default.

16.6 The remedies provided in Section 328.17, Florida Starures, for the non-judicial sale of a vessel for non-payment of dockage are specifically included and incorporated into this Agr€ement as an additional remedy available for County, and User agees to be notified at the above address specified for user in connection with the notice requirod under Section 328.17, Florida Statates.

16.7 If User fails to vacate the dock or mooring space within ten (10) days after receip of Notice of Termination by the County, User hereby grants the County permission to board the User's Vessel and move it under its own power or place it in tow and remove the User's Vessel ftom is dockage or mooring space to a location to be chosen by the County at its sole discr€tion, at User's expense, and to take possession of the dooking spacc, If it becomcs nec€ssary to move User's Vessel, for safety purposes or otherwise, and the User's Vessel is unattended, the County is authorized to effect the necessary move at User's experxie, which costs shall become a part of the use fee for docking and mooring ofUser's Vessel. This is in addition to any remedies available to County provided by law or other provisions of this Agreement. User shall hold harmless the County form any damage, liability, claims, causes of action and suits imposed by the County pursuing the rernedy set forth in this Section 13.

16.8 For violations of rules and regulations other than non-payment of the use fee or other monics due and owing under this Agreemen! the County will provide notice an opportunity to cure or to challenge action taken, as set forth in the rules and regulations adopted by the BCC, as they may be amended from time to time.

I l GPKR-00659/t 328325/U l0 vcs*r- snp* b

I

17. Attomqt's Fees and Collection CosB

17.1 User agrees to pay the cost ofcollections and reasonable attomeys'feeson any part of delinquent rcntal payments or other sums due hereunder that may be collected by efforts of any attomey-at-law or a collection agency, as well as any attomeys' feBs for the enforcement of any of the provisions ofthe Agreement.

17,2 All checks retumed for insufficient flmds shall be subject to a service charge equal to the greatest amount *re County may charge pursuant to Section 166.251, Florida Statutes (as may be amended from time to time). Without limiting any other right or remedy, the County shall have the right to collect a late charge of five porcent (5%) of the amount due for any use fee payments not received by the tenth (l0e) of the month.

I 8. Miscellaneow / Notice

1 8.1 Timo is of the essenc€ as !o all terms of the Agreemenl

18.2 Written notice, mailed or delivered to the address for the User listcd in Section I shall constitute sufncient notice to User and written notice mailed or delivered to the shall constitute sufiicient notice to the County, as to all instances herein contemplating notice. Any such notice shall be deemed given when so mailed or delivered. Any notice grven by mail shall be by registered or certified mail, retum receipt requested, except as otherwise provided herein.

I 8.3 The righs of the parties shall be cumulative. The failure of either party to insist on a strict performance ofany provision herein is not a waiver ofsuch provision in any other instance.

18.4 User shall be responsible for and shall promptly, upon demand, reimburse County for any and all costs necessary to repair any damage caused to the Slip and/or Marina by User, User's Vessel or User's employees, guests, agents, visitors or invitees. User, shall in and amund the Marina, comply with all laws, rules and regulations conceming the protection of the environment and with all directions and orders of the County. User shall comply with the provisions of tl'te Florida Clean Marina Program, User shall reimburse the County for any damage, expense or liability incurred by the County due to User, User's Vessel orUser's agents' failure to comply with such laws and regulations or due to any pollution created by, or contributed to the User, 18,5 User shall not release or permit to be released, by action or inaction, any hazardous waste or environmentally objectionable substances (as determine by the County in the County's sole discretion), including, without limitation, oil, gasoline or tealed or untreated sewage ("Hazardous Substances") into the water or land of the County, State of Florida" or the Marina- User shall immediately noti$ the County of any such spill and/or release. The County may take any action it deems appropriate to clean up any such spill and/or release at User's sole expense.

The costs for which User and User's Vessel shall be responsible include, but are not limited to, the costs of booms, absorbent pads, disposal of the hazardous substance, cleanup by oversight of govemmental agencies and County personnel or use of ouBide contractors, and any legal fees incuned in defense of any violations. User shall mhke best efforts to contaot County of any such

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L ll spiu. County shall take any action it deems appropria This provision is in addition to, and not in lieu ol Agrcernent.

18.6 Venue for all claims brought pursuant to this Agreement shall lie exclusive in Collier County, Florida.

18.7 Both parties hereby agree to waive trial byjury.

18.8 If any clause or provision ofthis Agreement is or becomes illegal or unenforceable because of present or future laws, ordinances, or any rule or regulation ofany govemmental body or entity, the remaining parts ofthe Agreement shall not be aflected thereby.

18.9 User shall not record a copy of this Agre.ement with the Collier County Clerk of Courts.

18.10 This Agrcement shall be administercd by the County's contracted vendor pursuant to the County's contract with the vendor.

19. Good Faith

19.1 All duties and obligations under the Ageement, and all attempts to enforce righs under the Agreement, shall be govemed by reasonable standards ofgood faith.

20. Enlire Agreemenl

20.1 This Agreement constitutes the entire agreement between the parties. No representations, warranti€s or promis€s perteining to the Agreement or arty property affected by the Agrecment have been made by, or shall be binding on, either ofthe partiel except as expressly stated in the Agreement. The Agreement cannot be changed orally, but only by an agrement in writing signed by the party against whom enforcement ofany such change is sought, USER VEI{DOR on behdf of Collier County

Narne & Title as to Form & Legality

M. Greene, Assistant County Attomey te to clean up the release at User's expense.

the indemnity provisions set forth in this

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Printed Name & Title rlr)lr t2 @