Agenda 06/22/2021 Item #16C3 (Resolution - Naples Park Public Utilities Renewal Project)06/22/2021
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and to approve a License Agreement for Construction
Storage for Douglas N. Higgins, Inc. for the 108th and 109th North Avenues Naples Park Public
Utilities Renewal project to utilize County-owned property located in Naples Park.
OBJECTIVE: To approve a License Agreement for vacant land to be used by a County contractor for
108th and 109th North Avenues Naples Park Public Utilities Renewal project.
CONSIDERATION: The Naples Park Public Utilities Renewal project is in progress and the County’s
Public Utilities and Engineering Department has requested an agreement for its contractor, Douglas N.
Higgins, Inc., to utilize vacant County-owned property as a construction storage area for the project.
The subject property is located at 792 110th Avenue North and will be used for approximately eighteen to
twenty-four months. A License Agreement for Construction Storage has been prepared for a two -year
term with an early termination provision for the County, monthly rent of $500.00, indemnity provisions,
and appropriate liability insurance coverage. The rent reflects fair market rent for like uses in the
immediately area.
Use of the property for construction storage may require administrative approval from Growth
Management Staff. Approval will be pursued once the item is approved by the Board.
FISCAL IMPACT: The monthly rent of Five Hundred Dollars ($500.00) will be split evenly and
deposited between the CO Water Capital Projects Fund (412) and CO Sewer Capital Projects Fund (414)
into Naples Park Basin Project (70120) upon collection.
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive
Summary.
LEGAL CONSIDERATIONS: The item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners adopts the Resolution and approves
the License Agreement for Construction Storage with Douglas N. Higgins, Inc, and authorizes its Chair to
execute both documents
Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Higgins License Agreement (PDF)
2. Reso June 2021 (PDF)
16.C.3
Packet Pg. 1454
06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 15645
Item Summary: Recommendation to adopt and Resolution and to approve a License Agreement
for Construction Storage for a County contractor for the 108th and 109th North Avenues Naples Park
PUR project to utilize County-owned property located in Naples Park.
Meeting Date: 06/22/2021
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
04/20/2021 12:00 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
04/20/2021 12:00 PM
Approved By:
Review:
Public Utilities Planning and Project Management Diana Dueri Additional Reviewer Completed 04/20/2021 12:38 PM
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 04/21/2021 11:52 AM
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 04/26/2021 2:50 PM
Facilities Management Damon Grant Director - Facilities Completed 04/26/2021 5:26 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/27/2021 9:06 AM
Facilities Management Toni Mott Additional Reviewer Completed 05/14/2021 12:41 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 05/27/2021 9:55 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 05/28/2021 9:31 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/28/2021 1:11 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/08/2021 2:08 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/08/2021 2:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/10/2021 11:29 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2021 6:52 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/14/2021 3:19 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/14/2021 3:53 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.C.3
Packet Pg. 1455
LICENSE AGRD,EMENT FOR CONSTRUCTION STORAGE
LICENSE AGREEMENT BETWEEN TTIE, BOARD OF COI]NTY COMNflSSIONERS OX'CoLLIER coUNTY, f,'LoRIDA' As THE covERl{ING BoDY or CoLLIER CoUl{TY AIi{D
AS EX-OXTICIO THE GOYERMNG BOARD OF THE COLLIER COI.'Nry WATER.SEWERDIsTRrcT, APPROVING TIrE UsE oF cot NTY{WI{ED PROPERTY FoR TIm PURP0SE
OF A CONSTRUCTION STORAGE AREA"
This License Agreement ('Agreement') entered into this 25th day of May 2021, W and between the
Board Of County Commissioners of Collier County, Florida, as thc Governing Body of Collier County
and as Ex-Ofticio the Goveming Board of the Collier County Water-Se*o Dirricg whose mailing
address is, in care of, Real Property Management,3335 Tamiami Trail East, Naples, Florida 34112,
hercinaftcr referred to as 'BOARD," and Douglas N. Higgins, Inc., a Foreign profii corporation, whose
mailing address is 3390 Travis Pointe Road, Suitc A, fuur Arbor, Michigan qStOg, hercinafter refened to
as LICENSEE.
l. LICENSEE requests the use of County-owned land for the purpose ofa constsuction storage arca
for the Naples Park PU-R project, The Board hereby approves the usi of County-owned property ide;tified
as 792 l10E Avenue North, Naples, Florida, as shown in Exhibit "A," which is attached and made a part
hereof, hereinafter rcferred to as "Property." LICENSEE shall be limited to oaly utilize the area depi&ed
in Exhibit "A".
2. LICENSEE shall access the Property only by way ofEh Street.
3. The appmval of the use oflhe Property by the LICENSEE is expected to extcnd for twenty-four
months. The Board can cancel this.Agreement at any time without imrring any liability or expense
whatsoever' Howevet, the Board will cencel this Agreement only for a valid-reason and the Board willendeavor to give the LICENSEE as much advance notice as is then possible in the event of any
cancellation of this Agreement. LICENSEE shall remove its equipment and materials not later than thirty
(30) dars after rcceipl of notice of cancellation. LICENSEb snat acquire all required permits. The
LICENSEE is permitted to terminate this Ageement at any time by pmvidling the goad wittr a minim16
of tcn days' written notice.
4. .. L_ICENSEE shall provide and maintain general liability insurance policy(ies), approved by the
Collier.County Risk Manager, for not less than One Million ixllars tSt,tiOO,Obo.Uij combined single
limits during the term of this Agreement. Such insurance policy(ies) shall list Coilier County as an
additional insured thereon. Evidence of such insurance rt ati * provided to the Real propcrty
Managernent Deparknen! 3335 Tamiami rrail East, suite l0l, Naptes, Florida" 34112, for
"pprorai ani
shall include a provision requiring ten (0) days prior written noticc to Collier County in the event of
cancellation. LICENSOR shall be granted the right to revise said insurance policies throughout the tcrm
of this Agreement when deemed necessary.
5' LICENSEE shall hold hamless and defend the Board of County Commissioners of Collier
County, Florida and Board Of County Commissioners of Collier County, FloridE, as the Goveming Body
of Collier County and as Ex-Offrsio the Goveming Board of the Collier County Warcr-Sewer Districi,
and its agents and employees, from any claims, assertions or carrses of action for any loss, injury or
damage to persons or property arising from or associated with the LICENSEE'S activities and/or use of
/",..((,
1
16.C.3.a
Packet Pg. 1456 Attachment: Higgins License Agreement (15645 : License Agreement for Construction Storage for a County contractor for the Naples Park PUR
the Pmpcn) l'lcENsEE funhcr agrccs to indcmnis Borrd for rny cosB. cxpcnscs or fccs. includingallome!'s' f'ecs lincluding all appcals). rrising from an1 and all claims md/or causcs of acrioi wharrtcve,ansing liom or associated $.ith fie t.lCE\lSF_.S acri'iries and/or usc ofthe propenl
6. This Agr€rficnt is nor assignebre. Any allcmpt ro assign this Ag*ement is r.oid ab inirio
7. _ I.ICENSFI] shall providc monthl) rcnr in rhc amoum of Fivc Hundred Dollrrs (tj0o.00t b). or onthe lirs of-c*h nonlh- msdc payrblc o Collict county Borrd of County Conrmissioners. imir ro tteatrrcPcrty Mmrgcmcnt Lersing Specidist. 3335 Tamiami Tnil East. Suitc l0t. Naplcs. Florida 341 12.
8. LICENSEE agrecs ro clcan rhe sire prior ro irs us€ rt no cosr thc LICENSOR.
9' LICENSEE shall rcturn the ProPcn! to &Hrd at thc tcrminarion of this Agrecrnenl. or carlier.clcsn rnd frcc ofany equipmcnt. materials. dcb,ris.
AS TO THE LICF-NSEE:
DATED:
ATTEST:
Crysrrl K. Kinzcl. Clerk
By:
. thputy Clerk
Approved as ro form and legaliry:
Michacl Lobcllo. Rcgional Mrnagcr
BOARD OF COTjNTY COMMISSTONERS
COI.LIER COUNTY. FLORJDA
BT'
PE\NY TAYLOR, Chairman
Jcnnifcr A. Bclpedio
Assistant County Anorncy
.?
J.{l-o
2
Douglas N. Higgins. lnc.. a Foreign Profir Corporrtion
B!,-
16.C.3.a
Packet Pg. 1457 Attachment: Higgins License Agreement (15645 : License Agreement for Construction Storage for a County contractor for the Naples Park PUR
Exhibit A-792110th Avenue North
\
7T
I
7
v
a
a
II35-feet-wide
vegetation buffer not
to removed
o
tr
I
UI(r]E,
I
t!
{i{'
r'.1
.{
.t-f
I
t
t
f
Itri
5
16.C.3.a
Packet Pg. 1458 Attachment: Higgins License Agreement (15645 : License Agreement for Construction Storage for a County contractor for the Naples Park PUR
16.C.3.bPacket Pg. 1459Attachment: Reso June 2021 (15645 : License Agreement for Construction Storage for a County contractor for the Naples Park PUR proj)