Agenda 03/10/2009 Item #16E 5
Aoenda Item t-..]o, i 6E5
~ March 10. 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to authorize the conveyance of a Revocable Temporary License to the
Lee County Electric Cooperative, Inc, for the installation of electric facilities to provide
electric service for the Marco Island Historical Museum which is located at 1264 Mistletoe
Court, Marco Island, Florida, at a cost not to exceed $60.00.
OBJECTIVE: To receive authorization from the Board of County Commissioners to convey a
Revocable Temporary License (License) to the Lee County Electric Cooperative, Inc. (LCEC) to
install electric facilities for the purpose of providing electric service to the Marco Island Historical
Museum which is located at 1264 Mistletoe Court, Marco Island, Florida.
CONSIDERATIONS: At their May 13, 2003 meeting, Item 1607, the Board of County
Commissioners agreed to allow the Marco Island Historical Society Incorporated (MIHS) to
construct (at MIHS's expense) a Museum and adjacent parking and support structures on the
County's property located at 1264 Mistletoe Court, Marco Island. MIHS, having met all
prerequisites of the agreement including gaining County approval of the construction plans, is in
the process of constructing the Museum structures. At this stage of the Museum construction,
MIHS and their general contractor are requesting electric power service from Lee County Electric
Cooperative, Inc.
In order to supply the Museum with electric service, LCEC requires use of County-owned
property for the purpose of constructing, operating and maintaining utilities, including but not
limited to. distribution lines and other related equipment for supplying electric power. over and
through the property.
LCEC is asking for a Revocable Temporary License to allow them access to the County-owned
property to complete the construction of the aforementioned facilities. Upon completion of
construction, a permanent easement will be granted to LCEC for operating and maintaining the
aforementioned facilities.
FISCAL IMPACT: The total cost will not exceed $60.00 for the recording of the License and the
Permanent Easement. Funds are available within the Department of Facilities Management
budget (001-122240).
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATlONS:The License has been approved for form and legal sufficiency. This
item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires
majority vote only. This item is legally sufficient for Board action. - JBW
RECOMMENDATION: That the Board of County Commissioners authorizes the conveyance of
the License, authorizes the Chairman to execute the License, and directs the County Manager or
his designee to proceed to follow ail appropriate closing procedures and to record the License in
the Public Records of Collier County Florida; and, authorizes the conveyance of the Permanent
Easement using the County standard form once reviewed and approved by the County Attorney's
Office and authorizes the Chairman to execute the Permanent Easement.
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management,
Department of Facilities Management.
Page 1 of I
Agenda Item No. i6E5
March 10,2009
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16ES
Recommendation to authorize the conveyance of a Revocable Temporary License to the Lee
County Electric Cooperative, Inc. for the installation of electric facilities to provide electric
service for the Marco Island Historical Museum which is located al1264 Mistletoe Court
IJlarco island, Florida, at a cost not to exceed $60,00.
Meeting Date:
3/10/2009 90000 Ar~
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
2/261200:92:17:57 PM
A pproHd By
Toni A, Molt
Real Property Supervisor
Date
Administrative Services
Facilities Management
2/26/2009 2:26 PM
Approved B)-'
Skip Camp, C.F,M.
Facilities Management Director
Date
Administrative Services
Facilities Management
2;26120093:04 PM
Appro,'cd BJ'
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County AHorney Office
2;26'200S 4:11 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
2126/2009 4:29 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2f27/2009 9:57 AM
Approved By
Laura Davisson
Mclnagement & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
2/27.1200910:02 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/2.i/2009 2:54 PM
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iAarch 1 ~l 2009
Fage 3 of 4
REVOCABLE TE:VIPORARY LlCE:'>ISE
111is REVOCABLE TEMPORARY LICENSE entered into this _ day of
,20.__ hy and bet\veen COLLIER COUNTY, a political subdi\'lSioD of the State
of Florida, whose mailing address is .3301 Tamiami Trail East, Naples, FL 34112 (hcrcinaIler
referred to as "County"), and LEE COUNTY ELECTRIC COOPER<\nVE, INC., a Florida
nOD-profit corporation, whose mailing address is Post Office Box 3455, 1\onh Fort Myers, FL
33918 (hereinafter referred to as "LCEC"), approving the use of County-owned property for the
purpOSI: of constructing utility facilities.
WllEREAS, LCEC requires the use of County-owned property for the purpose of
constructing, QPcr~ting, ~nd :n::.imaining utilities. including but not limited tu, JislrihuLion lines
and other related equipment for fiber optic telecommunications and television purposes, over and
through the property described as follows, (0 wit;
Tract "D" of MARCO BEACH l;NlT SEVE'-I, according to the plot thereof
recorded in Plat Book 6, Pages 55 through 62, inclusive of the Puhlic Records of
Collier C0U11ty, .Florida ("Property").
WHEREAS, the COlJ""NTY is willing to approve the Lise of the Prope11y for such
purposes;
'-lOW TIIEREFORE. THE PARTIES AGREE AS FOLLOWS,
1. The COlNTY herein 3pprovcs, ror Ten Dollars (510.00) and other valuable
considerations, tbe use of the Property ror tlle purpose ofconstrueting, operaLing and maintaining
utilities, including hut not limited to, distribution lines and other related equipment for fiber optie
telecommunications and television purposes, over and through the property as mo:-c particularly
described above, hereinafter referred to as "Property".
') The approval of the use of the Propcl1y by LCEC shall expire upon gram of a pem1anent
Utility Easement.
3. Upon completion of the construclion of the utility facilities on the prope11y, a pcnnanmL
Utility Easement 1,.vill be granted to LCEC for the 16 foot strip of land \vhercin the utility
[acililies ure located. The original, signed and scaled sketch and description of the easement area
shall be prepared by a licensed Florida .surveyor and \'o'ill be provided to LeEC al110 cost to
LCEC. Vpon the completion or construction, LeEC shall re::;tore the surface of the properLy to
its original location.
4. This Revocable Temporary License shall be administered on behalf of the COU1\TY by
and throlJgh the Collier County Real Propel1y Management Depanment.
5. LCEC, to the eXtent perrniited by law, and as linlikd by Section 768.28, f,S., shal1
indemnify, save, protect and hold harmless COU~Y ag:.:inst any damages and claims arising by
rcason ofLCEC's utility installations or the operation ofsamc.
6, LCEC covenants and agrees 110t to assign this Revocable Temporary License or to permit
any other persons to occupy same without the written c()ns~nt of COUNTY.
.., The COU?\:"'TY and LCEC spl.'ci ficaiiy agree that this Agreement represents a lic.::emc for
the COOP'S use of the property and docs not convey any estate in the propcr1y or create .my
interest ~:hatsOe\.eL
Agenda Item No. 16E5
March 10. 2009
Page 4 of 4
IN 'WITNESS \Vl1ER..EOFl the parties hereto have made and executed this Revocable
Temporary Lic.ense as of the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COCKTY, FLORIDA
, Deputy
BY:
1l0]\KA FIALA, Chairman
Approved as to legal form
and sufficiency:
~ -p;\j~:J. .
Jenm er B. White
Assistant County AHomey