Agenda 05/24/2016 Item #16A14 5/24/2016 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the conveyance of a Revocable Temporary License to the South
Florida Water Management District for the installation of a rain gauge and associated telemetry
equipment at the County's 43 acre property located on Shady Hollow Boulevard.
OBJECTIVE: To provide the tools necessary to operate storm water equipment and prevent
flooding.
CONSIDERATIONS: The South Florida Water Management District's (SFWMD) Big
Cypress Basin Service Center (BCBSC) uses rain gauge equipment for the purpose of informed
decision making and operation of both the primary and secondary flood control systems in the
Big Cypress Basin and Collier County.
BCBSC has requested a Right of Entry to install rain gauge and telemetry communications
equipment on the County's 43 acre property located on the north side of Shady Hollow Lane a
little over 2 miles west of Immokalee Road (CR-846). See the attached Location Map. It is
important to monitor rainfall in this geographic area for the successful decision making and
operation of both the primary and secondary flood control systems.
FISCAL IMPACT: The SFWMD will invest approximately $5,000 to install the rain gauge,
will cover any recording fees and will be responsible for continued maintenance of the
equipment.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
a majority vote for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: To authorize the Chairman to sign the Revocable Temporary
License Agreement with the South Florida Water Management District's Big Cypress Basin for
the installation of a rain gauge and associated telemetry equipment on the County's 43 acre
property on Shady Hollow Boulevard.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation
Engineering Division, Growth Management Department
Attachments:
1) Revocable Temporary License Agreement
2) Exhibit A
3) Location Map
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5/24/2016 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the conveyance of a Revocable Temporary
License to the South Florida Water Management District for the installation of a rain gauge and
associated telemetry equipment at the County's 43 acre property located on Shady Hollow
Boulevard.
Meeting Date: 5/24/2016
Prepared By
Approved By
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 4/21/2016 10:23:05 AM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 4/25/2016 1:58:21 PM
Name: KearnsAllison
Title:Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date:4/27/2016 5:12:53 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior,Capital Construction&Maintenance Budget/Fiscal
Date: 4/28/2016 7:54:24 AM
Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
Date: 4/28/2016 6:00:44 PM
Name: BelpedioJennifer
Title:Assistant County Attorney,CAO General Services
Date: 4/29/2016 4:58:47 PM
Name: MarcellaJeanne
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5/24/2016 16.A.14.
Title: Executive Secretary,Transportation Administration
Date: 5/2/2016 11:25:47 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/2/2016 3:05:38 PM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 5/13/2016 8:59:07 AM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 5/15/2016 9:02:32 PM
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5/24/2016 16.A.14.
Project: Shady Hollow Boulevard Rain Gauge
Folio No.: 00209520006
REVOCABLE TEMPORARY LICENSE
This Revocable Temporary License ( License") is made this day of
, 2014, by COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, its successors
and assigns, hereinafter referred to as "Licensor", in favor of the SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, a government entity existing under Chapter 373 Florida Statutes,
with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose
mailing address is Post Office Box 24680,West Palm Beach, Florida 33416-4680, Palm Beach
County,and its successors and assigns, hereinafter referred to as"Licensee".
WITNESSETH:
That for good, adequate and valuable consideration in hand paid by the Licensee to the
Licensor, the adequacy and receipt of which are hereby acknowledged, the Licensor does
hereby grant, bargain,and convey unto the Licensee a License for any and all purposes deemed
by Licensee to be necessary, convenient, or incident to, or in connection with, the construction,
installation, operation, maintenance, repair, rehabilitation and replacement of a rain gauge and
associated telemetry equipment over, across, under, and beneath the lands of Licensor, as
described in Exhibit"A",which is attached hereto and made a part hereof, hereinafter referred to
as the"Rain Gauge and Telemetry Area".
This License is given for any and all purposes deemed by Licensee to be necessary,convenient,
or incident to, or in connection with, access, ingress and egress over, across and through the
Rain Gauge and Telemetry Area, including, but not limited to the right to move and transport
equipment, materials and supplies, in connection with the construction, installation, operation,
maintenance, repair, rehabilitation and replacement of a rain gauge and associated telemetry
equipment and access to the equipment through Licensor's property located on Shady Hollow
Boulevard.
Licensee shall be solely responsible for all maintenance and risk of loss associated with the rain
gauge and associated telemetry equipment.
The Licensee acknowledges Licensee's liability to the extent provided and allowed under
Section 768.28, Florida Statutes. Licensee further agrees that, to the extent provided and
allowed under Section 768.28, Florida Statutes, it shall, at the Licensee's cost, repair any
damage caused to Licensors'property as a result of Licensee's exercise of its rights hereunder.
The Rain Gauge and Telemetry Area shall at no time be obstructed by any object which would in
any manner, interfere with the purposes of this License. Licensee shall have the right, but not the
obligation, to improve the Rain Gauge and Telemetry Area as determined by Licensee in order
to insure the full enjoyment of the rights granted to Licensee herein. Licensor has previously
granted to the Collier County Water-Sewer District a Utility Easement over under, upon and
through portions of the subject property for the purpose of access to and installation of wells and
pipelines, said easement being dated September 25, 2007 and being recorded in the public
records of Collier County in OR Book 4285, Page 1497, et seq. Licensee shall locate and install
its equipment in a manner which will not conflict with the District's use of its easement.
This License shall commence upon recordation of the License in the Public Records of Collier
County, Florida, and shall continue until either Licensor or Licensee delivers at least sixty (60)
days prior written notice to the other party that this License is terminated. In the event the
Licensor requires the Licensee to relocate the rain gauge and associated telemetry equipment,
Licensor shall make reasonable effort to find a suitable replacement location.
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5/24/2016 16.A.14.
All notices, requests, consents and other communications required or permitted under this
License shall be in writing (including facsimile and e-mail communications) and shall be (as
elected by the person giving such notice) hand delivered by messenger or courier service,
telecommunicated, emailed or mailed (airmail if international) by registered or certified mail
(postage prepaid), return receipt requested, or sent by any form of overnight mail,addressed to:
TO LICENSEE:
Len Lindahl,Assistant Executive Director
South Florida Water Management District
(MAILING ADDRESS:) (OFFICE LOCATION:)
P.O.Box 24680 3301 Gun Club Road
West Palm Beach, Florida 33416-4680 West Palm Beach, Florida 33406
TO LICENSOR:
Nick Casalanguida
Office of the County Manager
Collier County Government
3335 Tamiami Trail East
Harmon Turner Bldg., Second Floor
Naples, FL 34112
or to such other address as any party may designate by notice complying with the terms of this
Subparagraph. Each such notice shall be deemed delivered (1) on the date delivered if by
personal delivery; (2) on the date emailed if by email; (3) on the date of transmission with
confirmed receipt if by telex, telefax or other telegraphic method; (4)on the date upon which the
return receipt is signed or delivery is refused or the notice is designated by the postal authorities
as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of
overnight mail service.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF Grantor has caused these presents to be executed by its
authorized representative on the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney c �l0
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EXHIBIT
HOLD IWo�+TEc s ASSOctATE$,INC. 10/12/99
ENc3iNteR3 Pw+.eas StNivEYORs REF DWG 88-2763
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 8,TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY.FLORIDA,AND A PORTION OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT
BOOK 7 AT PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE NORTHWEST CORNER OF SECTION 8,TOWNSHIP 48 SOUTH,RANGE 27 EAST,
COLLIER COUNTY,FLORIDA;THENCE RUN S 00'07'591W.,ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 8,FOR A DISTANCE OF 2587.44 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF 43's AVENUE NORTHWEST.A 6000 FOOT RIGHT-OF-WAY,AS THE SAME IS
SHOWN ON THE PLAT OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT BOOK 7 AT PAGE 93
OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, THENCE RUN S.89'41'48'E.,ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE,FOR A DISTANCE OF 849.84 FEET TO THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED, THENCE RUN N.00'18'14'E. FOR A DISTANCE OF 678.91 FEET,
THENCE RUN N.59'29'06"E.FOR A DISTANCE OF 1530.38 FEET,THENCE RUN S 21.47'38"E.FOR A
DISTANCE OF 1388.55 FEET.THENCE RUN S.88'28'53'E FOR A DISTANCE OF 272,08 FEET,THENCE RUN
S 00'18'14'W FOR A DISTANCE OF 172 50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
435 AVENUE NORTHWEST;THENCE RUN N 89'41'46 W.,ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
FORA DISTANCE OF 2107 90 FEET TO THE POINT OF BEGINNING;CONTAINING 43.234 ACRES,MORE OR
LESS
THIS PROPERTY IS SUBJECT TO EASEMENTS,RESERVATIONS OR RESTRICTIONS OF RECORD
BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 8.
TOWNSHIP 48 SOUTH,RANGE 27 EAST,COLLIER COUNTY,FLORIDA AS BEING S 00'07'59'W.
HOLE,MONTES&ASSOCIATES,INC
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