Agenda 07/07/2015 Item #16C57/7/2015 16.C.5.
EXECUTIVE SUMMARY
Recommendation to approve a licensing agreement with the District School Board of Collier
County to allow the installation of a lightning prediction and warning system on the Pump Station
309 building located on the campus of East Naples Middle School.
OBJECTIVE: To enable the District School Board of Collier County (School) to install life and safety
equipment on Collier County Water -Sewer District (District) infrastructure to provide better protection to
students and citizens.
CONSIDERATIONS: On May 27, 1987, a Utility Easement from the School to the District was
recorded in O.R. Book 1271, Page 59, for the future construction of Pump Station 309 on School
property. Construction of Pump Station 309 was completed in April 1991 and is fully operational.
The attached License Agreement provides for the School's contractor to install, maintain and repair the
lightning prediction and warning system (System) on the roof of Pump Station 309. The location is ideal
as it will allow for an uninterrupted signal free from any obstructions, and is visible from the ball fields
and bus loop. The location is within a fenced area. The System will not adversely impact the District's
telemetry at this location.
The School shall, at its sole cost and expense, restore and repair any and all damage to the District's
building, equipment, facilities, and infrastructure and shall terminate immediately upon written notice
from the District.
The attached agreement was reviewed by the County Attorney, Risk Management Division and the Public
Utilities Department.
FISCAL IMPACT: There is no fiscal impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. —JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
associated with this action.
RECOMMENDATIONS: That the Board of County Commissioners, Ex- officio the Governing Board
of the Collier County Water -Sewer District, approve and authorize its Chairman to execute the attached
License Agreement for the installation of a lightning prediction and warning system on Pump Station 309
located on the campus of East Naples Middle School.
Prepared by: Toni A. Mott, Manager, Real Property Management/Facilities Management Division
Attachment: License Agreement
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7/7/2015 16.C.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.5.
Item Summary: Recommendation to approve a licensing agreement with the District
School Board of Collier County to allow the installation of a lightning prediction and warning
system on the Pump Station 309 building located on the campus of East Naples Middle School.
Meeting Date: 7/7/2015
Prepared By
Name: Oscar Martinez
Title: Project Manager, Senior, Public Utilities Department
6/15/2015 12:07:55 PM
Approved By
Name: JohnssenBeth
Title: Division Director - Wastewater, Public Utilities Department
Date: 6/15/2015 12:46:15 PM
Name: LinguidiDennis
Title: Manager - Facilities, Administrative Services Department
Date: 6/15/2015 4:25:44 PM
Name: ChmelikTom
Title: Division Director - Public Utilities Eng, Public Utilities Department
Date: 6/15/2015 5:18:34 PM
Name: HapkeMargie
Title: Recycling Coordinator, Public Utilities Department
Date: 6/16/2015 8:23:03 AM
Name: Joseph Bellone
Title: Division Director - Operations Support, Public Utilities Department
Date: 6/1 6/2015 11:55:57 AM
Name: RodriguezDan
Title: Division Director - Solid Waste, Public Utilities Department
Date: 6/16/2015 2:46:16 PM
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7/7/2015 16.C.5.
Name: PajerCraig
Title: Project Manager, Principal, Public Utilities Department
Date: 6/16/2015 4:21:02 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Administrative Services Department
Date: 6/16/2015 5:10:26 PM
Name: YilmazGeorge
Title: Department Head - Public Utilities, Public Utilities Department
Date: 6/19/2015 9:23:02 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/22/2015 1:52:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 1:54:19 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/25/2015 11:59:26 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/25/2015 1:56:47 PM
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7/7/2015 16.C.5.
PROJECT: Lightning Prediction and Warning System Located on
County Utility Building at East Naples Middle School
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 2015, by and between
BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO, THE GOVERNING
BOARD OF COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is
3335 Tamiami Trail' East, Suite 101, Naples, Florida 34112 (hereinafter referred to as
"Licensor") and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose
mailing address is 5775 Osceola Trail, Naples, Florida 34109 (hereinafter referred to
as "Licensee ").
WITNESSETH:
WHEREAS, Licensee has requested that Licensor grant and convey to Licensee
a revocable license'' to install, maintain and repair a lightning prediction and warning
system unit (the "Unit ") upon the roof of Licensor's Pump Station 309 building located
inside the utility compound on the campus of East Naples Middle School (the
"Building "); and
WHEREAS, Licensor recognizes the benefit to Licensee and the community in
providing a lightning prediction and warning system to better protect both students and
citizens and desires to convey the license to the Licensee for this stated purpose.
NOW, THEREFORE, in consideration of the aforesaid premises, it is agreed by
and between the parties as follows:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Licensor hereby grants a revocable license to Licensee, sufficient to allow for the
installation, maintenance and repair of the Unit on the roof of the Building for the
purpose of providing a lightning prediction and warning system. No drilling shall
take place on the roof or the building at any time.
3. Both Licensor and Licensee agree that the rights and interest granted hereunder
are conditioned upon the reasonable exercise thereof by Licensee. Licensee shall
not unreasonably interfere with, adversely impact or obstruct Licensor's utility
operations. Licensee shall, at its sole cost and expense, restore and repair any
and all damage to Licensor's Building, equipment, facilities, infrastructure and other
improvements arising as a result of its use of this license. To the extent authorized
by Section 768.28, Florida Statutes, Licensee will indemnify and hold Licensor
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harmless from any and all claims, costs and obligations arising from Licensee's use
of this license.
4. This license shall terminate immediately upon written notice from the Licensor to
the Licensee.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on
the date first above written.
AS TO LICENSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney mod
-
BOARD OF COUNTY COMMISSIONERS,
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX- OFFICIO THE
GOVERNING BOARD OF COLLIER
COUNTY WATER -SEWER DISTRICT
BY:
Tim Nance, Chairman
[Signature Page for Licensee to Follow]
License Agreement — Lightning Warning System on County Utility Building
a`�
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7/7/2015 16.C.5.
AS TO LICENSEE: DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
DATED:
M
Witness (Signature)
Name (Print or Type)
Kathleen Curatolo, Chair
ATTEST:
Witness (Signature)
Dr. Kamela Patton, Superintendent
Name (Print or Type)
Approved as to form and
legal sufficiency:
Jon Fishbane, District General Counsel
License Agreement — Lightning Warning System on County Utility Building
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