Agenda 09/23/2014 Item #16E 79/23/2014 16.E.7.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and executes a
United States Department of the Interior National Park Service Big Cypress National
Preserve Special Use Permit for a one -year lease extension for the Carnstown Sheriffs
Substation and approves a Budget Amendment for any required improvements.
OBJECTIVE: In order to continue operations at the Carnstown Sheriff's Substation, a lease
renewal is required and a Budget Amendment is needed for the improvement expenses.
CONSIDERATIONS: In February of 1965, the County entered into a Lease Agreement with
Collier Development Corporation for use of vacant land located at the intersection of U.S. 41
and S.R. 29. The Agreement required the County or the State of Florida to construct a Highway
Patrol Station at that location.
Within one day after entering into the aforementioned Lease, the County assigned the Lease to
the State, and in 1989, the State assigned the Lease back to the County. From that point to
present, the Sheriff's Office has occupied the site as a substation serving that part of Collier
County.
The original lease term was for fifty years and required the County to construct the Highway
Patrol Station at its sole cost and expense. However, as stipulated in the lease, the
improvements would become the property of the landlord at the expiration of the lease term of
August 31, 2014.
In 1996, Collier Development Corporation deeded hundreds of acres in a $45,000,000
transaction to the United States Department of the Interior (Department of the Interior) in order
to expand the Big Cypress Preserve; contained in that transaction was the subject leased
property.
Staff contacted Collier Development Corporation in early April to renew the lease and was later
advised that the Department of the Interior was the owner of the property. The Department of
the Interior nor Collier Development provided Collier County with notice of the transfer in
ownership.
The attached United States Department of the Interior National Park Service Big Cypress
National Preserve Special Use Permit (Permit) provides a one -year occupancy until such time
that the landlord can construct a long -term lease. There is no annual rent associated with this
lease.
The Department of the Interior has listed several items which will require the County to inspect
and /or to remedy at the subject location, which include the electrical panel and electrical
system, possible asbestos located in the attic area, the septic tank, and remove two above-
ground fuel tanks from the site. If remedial action is required on any of these items, the Facilities
Management Department estimates the cost for these items to be an amount not to exceed
$100,000. A Budget Amendment in an amount not to exceed $75,000 is also being requested
in order to pay for any required improvements.
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The Facilities Management Department has already conducted an asbestos inspection and will
provide the Department of the Interior with that permit which concludes that there is no asbestos
present in the building.
The Permit has been reviewed and approved by the County Attorney's Office, the Risk
Management Department, and the Facilities Management Department.
FISCAL IMPACT: The cost for the improvements shall not exceed $75,000 and shall be paid
from County Wide Capital Project Fund (301), General Building Renovations (120435), General
Building Improvements (52525.1).
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a
majority vote for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached States Department of the Interior National Park Service Big
Cypress National Preserve Special Use Permit and the Budget Amendment in an amount not to
exceed $75,000 for required improvements.
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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9/23/2014 16.E.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.7.
Item Summary: Recommendation to approve and execute a United States Department of
the Interior National Park Service Big Cypress National Preserve Special Use Permit for a one -
year lease extension for the Carnstown Sheriff's Substation.
Meeting Date: 9/23/2014
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
9/3/2014 1:45:11 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 9/11/2014 3:06:54 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 9/11/2014 3:13:33 PM
Name: LinguidiDennis
Title: Manager - Facilities, Facilities Management
Date: 9/11/2014 3:14:38 PM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 9/11/2014 5:16:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/12/2014 3:57:41 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/12/2014 4:41:23 PM
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Name: UsherSusan
9/23/2014 16.E.7.
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/16/2014 9:11:38 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/16/2014 9:35:18 AM
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Revised 06 -10 UNITED STATES DEPARTMENT OF THE INTERIOR
Form 10 -114 National Park Service
Big Cypress National Preserve
Special Use Permit
PERMITTEE
Collier County Board of Commissioners
PERSON RESPONSIBLE FOR PERMITTEE
Tom Henning, Chairman
ADDRESS
3335 Tamiami Trail, East
Naples, Florida 34112
TELEPHONE NUMBER
Michael Dowling, 239- 252 -8743
Park Alpha Code: BICY
Type of Use: 6000 Law Enforcement
Permit #: 14288
is hereby authorized to use the following described
land and /or facilities (hereinafter "Premises ") situated
in and upon Big Cypress National Preserve ( "Area" or
"Preserve "):
The Premises are more particularly described on the drawings and /or maps, attached hereto as Exhibit # 1a.
The Premises and Area must be restored by Permittee to their original condition at the end of the Special Use
Permit (hereinafter "Permit "), except as otherwise provided herein.
The Permit begins at 12:01 am /pm) on 08/3112014 (Month /Day/Year)
The Permit expires at 11:59 (am /gym) on 08/30/2015 (Month /Day/Year).
SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional Conditions)
Permittee is authorized to use and occupy the Premises for a period of one (1) year, not to exceed August 30,
2015, for the purpose of operating and maintaining an office and substation for the Collier County Sheriff
Office. Permittee is also authorized to allow four (4) non - governmental third -party communications and /or
cellular telephone providers (hereinafter "Third -Party Providers ") to install and maintain telecommunications
and /or cellular telephone equipment or devices on the transmission tower currently situated on the Premises.
This Permit is for one year only to allow adequate time for Permittee and the National Park Service, by and
through Big Cypress National Preserve, to enter into a long -term lease under Part 18 of Title 36 Code of
Federal Regulations. Accordingly, in the event the anticipated lease is duly executed before August 30, 2015,
this Permit will become null and void on the date of the last signature affixed to the lease.
The Person Responsible for the Permittee, i.e. the person who will ensure adherence to the terms and
conditions of the Permit is (include contact information): Michael Dowling Real P[o .rty Manager Collier
County Govern mentServices. y,335 Tamiami Trail, East Naples, Florida 34112. phone: 239- 252 -8743
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Authorizing legislation or other authority: P.L. 100-301
NEPA Compliance: CATEGORICALLY EXCLUDED X EA/FONSI — EIS — PEPC # OTHER
APPLICATION FEE
Received
Not Required X
Amount S,
PERFORMANCE BOND:
Required
Not Required X
Amount .`F
LIABILITY INSURANCE:
Required
X Not Required
Amount S NIA far ,oilier County Government,
$1,000,000 per Third-Party Provider
COST RECOVERY:
Required
X Not Required
Amount'.'
FACILITY USE FEE:
Required
Not Required X
Amount $
LOCATION FEE:
Required
Not Required X
Amount $
ISSUANCE of this Permit is subject to the attached Conditions. The undersigned hereby accepts this
Permit subject to the terms, covenants, obligations, and reservations, expressed or implied herein.
11:111:0111101:4
Authorizing NPS Official
Authorizing NPS Official
(additional if required)
Signature Title Date
Signature Superintendent Date
Signature
Approved as to form and legality
Title
Assistant County Attorney bCONDITIONS OF THIS PERMIT
Date
A' t T SST
DWIGHT E. BROM CUrk
By:
1. The Perimittee is prohibited from giving false information; to do so will be considered a
breach of the conditions of this Permit and be grounds for revocation: [36 CFR 2.32(a)(3)].
2. The Perimittee shall exercise this privilege subject to the supervision of the Superintendent
or designee, and shall comply with all applicable Federal, State, county and municipal laws,
ordinances, regulations, codes, and the terms and conditions of this Permit. Failure to do
so may result in the immediate suspension of the permitted activity or the termination of the
Permit.
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3. If any provision of this Permit shall be found to be invalid or unenforceable, the remainder
of this Permit shall not be affected and the other provisions of this Permit shall be valid and
be enforced to the fullest extent permitted by law.
4. The Permittee is responsible for making all necessary contacts and arrangements with
other Federal, State, and local agencies to secure required inspections, permits, licenses,
etc.
5. Failure to comply with any of the terms and conditions of this Permit may result in the
suspension or revocation of the Permit.
6. Permittee will reimburse NPS for cleanup or repair of damages to the Premises, whether
damages are caused by Permittee or its Third-Party Providers, required to be made by
NPS staff or contractor.in conjunction with a terminated or expired Permit.
7. This Permit may be revoked at the discretion of the Superintendent upon 24 hours notice,
or without notice if damage to Area resources or facilities occurs or is threatened,
notwithstanding any other term or condition of the Permit to the contrary,
8. This Permit is made upon the express condition that the United States, its agents and
employees shall be free from all liabilities and claims for damages and/or suits for or by
reason of any injury, injuries, or death to any person or persons or property of any kind
whatsoever, whether to the person or property of the Permittee, its agents or employees, or
third parties, from any cause or causes whatsoever in or upon the Premises or any part
thereof during the term of this Permit or occasioned by any occupancy or use of the Premises
or any activity carried on by the Permittee in connection herewith, and the Permittee hereby
covenants and agrees to indemnify, defend, save and hold harmless the United States, its
agents, and employees from all liabilities, charges, expenses and costs on account of or by
reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or
damages growing out of the same.
9. Permittee is a unit of government and is not required to carry general liability insurance
against claims occasioned by the action or omissions of the Permittee, its agents and
employees in carrying out the activities and operations authorized by this Permit.
Notwithstanding this, Permittee will require each of its Third-Party Providers to have in force
for the term of this Permit, or until such time as any Third-Party Provider ceases operations on
and removes its equipment from the Premises, general liability insurance against claims
occasioned by the actions or omissions of the Third-Party Providers, their agents and
employees in carrying out the activities and operations authorized by this Permit. Each Third-
Party Provider's policy of general liability insurance shall be in the amount of $1.000,000 and
underwritten by a United States company naming the United States of America as additionally
insured. The Permittee agrees to provide the Superintendent with a Certificate of Insurance
from each of its Third-Party Providers, with the proper endorsements, prior to the beginning
date of the Permit.
10. Permittee agrees to deposit with the Superintendent a bond in the amount of $ N/A from an
authorized bonding company or in the form of cash or cash equivalent, to guarantee that all
financial obligations of the Permittee for the conduct of the permitted activity will be met,
regardless of the party or entity to whom the financial obligation may be owed, including but
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not limited to the restoration and rehabilitation of the Premises as may be authorized in this
Permit..
11. Costs incurred by the Preserve as a result of accepting and processing the application and
managing and monitoring the permitted activity authorized in this Permit will be reimbursed
by the Permittee. Administrative costs and estimated costs for activities on site must be
paid when the Permit is approved. If any additional costs are incurred by the Preserve, the
Permittee will be billed at the conclusion of the Permit and payment will be made within a
reasonable time. Should the estimated costs paid exceed the actual costs incurred, . the
difference will be returned to the Permittee upon expiration of the Permit.
12. The Person Responsible for the Permittee, or such other authorized official(s) of the
Permittee designated by said responsible person as the on -site representative(s) of the
Permittee, must have full authority on behalf of the Permittee to make any decisions about
the permitted activity and must remain on the Premises at all times during the conduct of
the permitted activity. Such authorized designee shall be responsible for all individuals,
groups, vendors, etc., and for the activities of same, involved with the Permit. Permittee
shall ensure that its Third -Party Providers comply with and abide by all of the terms of this
Permit that are applicable to them, and acceptable written evidence of same, in whatever
form or format memorializes Permittee's permission to allow a Third -Party Provider to use
the transmission tower, shall be provided to the Superintendent on or before the beginning
date of this Permit.
13.The Permittee represents and it is a condition of acceptance of this Permit that, pursuant to
41 U.S.C. 22, "No Member of Congress shall be admitted to any share or part of any
contract or agreement made, entered into, or accepted by or on behalf of the United States,
or to any benefit to arise thereupon."
14. Nothing herein contained shall be construed as binding the United States, the National Park
Service, or the Preserve to expend in any one fiscal year any sum in excess of appropriations
made by Congress or administratively allocated for the purpose of this Permit for the fiscal
year, or to involve the Service in any contract or other obligation for the further expenditure of
money in excess of such appropriations or allocations.
15. This Permit may not be transferred or assigned without the prior written consent of the
Superintendent.
16. Nothing herein contained shall be construed as creating or conveying a property right or
interest, inuring to Permittee, of any renewal, extension or other augmentation to the term
of this Permit.
17.The Permittee expressly understands and acknowledges that, in the event the Permittee
and the National Park Service enter into a lease involving the leasing, use and occupancy
of the Premises by Permittee herein on or before August 31, 2015, this Permit and any
renewals hereof shall be terminated and have no further force and effect beginning on the
effective date of the lease.
18. The Permittee expressly understands, acknowledges, and agrees that during the term of
this Permit, Permittee shall not raze, remove, destroy, or replace, in whole or in part, the
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improvements currently situated on the Premises, except that this Permit authorizes and
requires Permittee to perform such repairs, construction, maintenance and upkeep
necessary to ensure said improvements satisfy applicable health and safety requirements
as may be prescribed in this Permit or required by applicable laws, regulations, ordinances
or codes. The Permittee shall provide the Superintendent with acceptable evidence
confirming that asbestos remediation, performed in accordance with all applicable laws,
regulations, codes or ordinances, has been performed and completed on the Premises.
19. The provisions in this Permit are unique to the special circumstances described in the
Permit and in the Permittee's application, and they are not intended to be, nor should they
be construed as binding representations or precedent for any other permits, leases,
contracts, or other agreements entered into by and between the National Park Service and
the Permittee or any other parties.
20. During the term of this Permit and subject to the terms and conditions of this Permit,
Permittee shall have the authority to permit [ #] Third -Party Providers to conduct
telecommunications operations on the Premises in the manner and scope of such existing
telecommunications operations using the existing telecommunications facilities already
situated on the Premises. The permission granted to the Permittee in this Permit, and in
particular as intended by this paragraph, is subject to the Park's authority to manage and
administer the Premises pursuant to applicable law, regulation, and policy with respect to the
telecommunications operations authorized in this paragraph. Specifically, nothing in this
Permit shall limit or constrain the Park from exercising its legal authority to block, prevent,
cease or restrain any activity with respect to such Third -Party Providers, operations or
business activities that are not in the best interest of the Park, or that violate or conflict with
applicable law, regulation or policy of the United States, the U.S. Department of the Interior, or
the National Park Service. This Permit specifically restricts the number and nature of such
Third -Party Providers and their associated operations to the existing number and nature of
same. As a condition of this Permit, the Permittee shall prepare a comprehensive and current
list of all existing Third -Parry Providers and /or their agents, representatives, managers,
sublessees, subpermittees, suboperators, or others acting on their behalf or pursuant to their
permission or the permission of Permittee, together with a description of the operations and
businesses of same and deliver the list to the Park on or before the beginning date of this
Permit.
21. Each and every one of the Third -Party Providers authorized under this Permit to conduct
business on the Premises must provide the Superintendent with acceptable evidence of
liability insurance as provided in Condition #8 herein and, in addition, each and every one of
the Third -Party Providers must provide the Superintendent with a written agreement, in a form
acceptable to the Superintendent, to indemnify, save and hold harmless the United States and
its departments, agencies, bureaus, to include specifically but without limitation the U.S.
Department of the Interior and the National Park Service, for the acts and /or omissions of the
Third -Party Providers and their agents, employees, representatives and any others acting on
their behalf or with their knowledge or consent, with respect to the presence and activities of
the Third -Party Providers on the Premises.
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SPECIAL USE PERMIT
CONDITIONS OF THIS SPECIAL USE. PERMIT
SPECIAL PARK CONDITIONS
Permittee is required to and shall perform corrective action within 90 days of the beginning
date of the Permit to correct the deficiencies at the Substation, as noted in the National Park
Service inspection report dated June 17, 2014 as follows:
1. Electrical panel and electrical system are outdated (installed in 1965) and are not, or may
not be in compliance with applicable existing code requirements.
Corrective action required: Permittee will have an electrical contractor licensed in the
State of Florida, perform an electrical safety inspection of the entire electrical system.
Provide a copy of this report to the National Park Service. Permittee will be required to
correct any deficiencies that may be noted in the inspection report.
2. Attic area has been sealed, reportedly due to the discovery of asbestos containing insulation
above the interior ceilings.
Corrective action required: Permittee will have a licensed, qualified asbestos abatement
contractor perform an inspection of the attic area (or other areas suspected of
containing asbestos or ACM) and provide the National Park Service with a copy of the
asbestos abatement report. Permittee will be responsible for remediation of items noted
in the report, if such items have not been previously addressed
3. Two (2) above ground fuel storage tanks are located on the Premises in very close
proximity to the wetlands (canal).
Corrective action required: Permittee will remove the above ground storage tanks and
related equipment from the site.
4. Determine septic system condition and compliance with applicable codes and standards.
Correcticve action required: Permittee will have a septic system inspector certified in
the State of Florida, perform a septic system inspection. The Permittee shall correct or
address any deficiencies that may be noted in the report.
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Sub {ease and Contact Information
Collier County Contact of record:
Michael Dowling
Real Property Manager
Collier County Government Services
3335 Tamiami Trail, East
Naples, Florida 34112
Current Tower Lessee
Josephine Conde
Real Estate Manager
Verizon Wireless (FCC License # 1020923)
777 Yamato Road, Suite 600
Boca Raton, FL 33431
561.995.5553
Josephine .Conde @VerizonWireless.com
Tower Operator:
Crown Castle GT Co LLC
2000 Corporate Drive
Canonsburg, PA 15317
Notification Contact phone number 1- 800 -788 -7011
Contact of Record:
Erica C Thomas
Senior Land Transaction Specialist
713 -570 -3089
Current Tower Residents and Type of Use
Collier County Government (Radio Frequency)
Term Began: 6/12/1999
Term Ends: 5/31/2015
Harris Corporation (Radio Frequency)
Term Began: 5/13/2002
Term Ends: 5/1412023
AT&T Mobility (New Cingular Wireless) (Cellular /Broadband)
Term Began 1/1/2006
Term Ends: 12/31/2046
Verizon Wireless (Cellular /Broadband)
Term: 1/31/2014
Term Ends: 9/1/2019
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Z�
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Exhibit 1 C#_,
The lessor does hereby lease to said lessee for the purpose of construction, maintaining, and
operating a Florida Highway Patrol Station on the following described property, located and
situated in Collier County, Florida, more particularly described as follows, to -wit:
Commencing at the Southeast corner of Section 25, Township 52 South, Range 29 East.
Tallahassee Meridian. Collier County, Florida, thence S. 89° 55' 55" W. along the South. -
line of said Section 25, 2711.30 feet to a point on the survey line of State Road No. 29; thence N.
25° 27' 17" E. along said survey line 205.84 feet; thence N. 29° 28'17" E. along said survey line
1417.50 feet to a point, (said point being S. 29° 28' 1;7" W. 150.62 feet from the intersection of
the survey lines of State Road No. 29 and the Tamiami Trail (U.S. 41) , thence S 65° 20' 31" E.
80.28 feet to a concrete monument marking the point of intersection of the Easterly right -of -way
line of State Road No. 29 and the Southerly right -of -way line of the Tamiami Trail (U.S. 41);
thence continuing S. 65° 20'31" E. along said Southerly right -of -way 1 57.00 feet to and THE
POINT OF BEGINNING; thence continuing S. 65° 20'31" E. along said Southerly right -of- -way
70.35 feet to a point of curvature; thence continuing along said southerly right -of -way and the
westerly right -of -way of a canal; thence S. 24° 38'33" W along the Westerly right-of-way 154.89
feet to a point of curvature; thence continuing along said Westerly right -of -way and the are of a
curve to the right with a central angle of 16' 00'00" a radius of 905.37 feet for an arc distance of
905.37 feet; thence N. 65' 20' 31" W. 197.50 feet; thence N. 24° 39'29" E. 400 feet to THE
POINT OF BEGINNING, containing 1.94 acres, more or less.
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