Agenda 07/25/2023 Item #16F 5 (Resolution - License agreement for construction storage for Haskins, Inc. for Palm River public utilities renewal project)16.F.5
07/25/2023
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and to approve a License Agreement for Construction Storage for
Haskins, Inc., for the Palm River Public Utilities Renewal project, areas 1 & 2, to utilize County -owned
property
OBJECTIVE: To approve a License Agreement for vacant land to be used by a County contractor, Haskins, Inc.,
for the Palm River Public Utilities Renewal project, areas 1 & 2.
CONSIDERATION: The Palm River Public Utilities Renewal project, areas 1 & 2, is in progress and the
County's Public Utilities and Engineering Department has requested an agreement for its contractor, Haskins, Inc.,
to utilize vacant County -owned property as a construction storage area for the project.
The subject property is located at 15395 Livingston Rd. and will be used for approximately twenty-four to thirty-
two months. A License Agreement for Construction Storage has been prepared for a three-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.
The approved and executed Palm River Area 1 and 2 construction contract specifies additional environmental
control requirements and restrictions for storage lots which include fencing, screening, driveway, hours of operation
and daily maintenance. No demolition activities are allowed including but not limited to processing, sorting,
consolidation of pipe, structures, concrete, or asphalt materials. No storage of excavated material (pipe structure,
concrete, asphalt) is allowed.
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 Water Capital Projects Fund (4012) and Sewer Capital Projects Fund (4014) into Palm River Project
(70257) 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. - RTT
RECOMMENDATION: That the Board of County Commissioners adopts the Resolution and approves the
License Agreement for Construction Storage with Haskins, Inc., and authorizes its Chair to execute both
documents.
Prepared by: Sonja Stephenson, Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. EXHIBIT A (PDF)
2. License Agreement for Construction Storage (PDF)
3. Resolution (PDF)
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16.F.5
07/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.5
Doe ID: 25955
Item Summary: Recommendation to adopt a Resolution and to approve a License Agreement for Construction
Storage for Haskins, Inc., for the Palm River Public Utilities Renewal project, areas 1 & 2, to utilize County -owned
property
Meeting Date: 07/25/2023
Prepared by:
Title: Property Acquisition Specialist — Facilities Management
Name: Sonja Stephenson
06/27/2023 9:20 AM
Submitted by:
Title: — Facilities Management
Name: John McCormick
06/27/2023 9:20 AM
Approved By:
Review:
Facilities Management
John McCormick
Director - Facilities
Completed
06/27/2023 11:12 AM
Facilities Management
Jennifer Belpedio
Manager - Real Property
Completed
06/27/2023 2:37 PM
Engineering and Project Management
Diana Dueri
Additional Reviewer
Completed
06/29/2023 9:44 AM
Engineering and Project Management
Benjamin Bullert
Additional Reviewer
Completed
06/29/2023 9:46 AM
Engineering and Project Management
Matthew McLean
Additional Reviewer
Completed
06/29/2023 9:50 AM
Public Utilities Operations Support
Joseph Bellone
Additional Reviewer
Completed
06/29/2023 3:05 PM
Public Utilities Department
County Attorney's Office
Office of Management and Budget
Community & Human Services
County Attorney's Office
County Manager's Office
Board of County Commissioners
George Yilmaz Additional Reviewer
Completed
06/29/2023 4:45 PM
Ronald Tomasko Level 2 Attorney of Record Review
Completed
06/30/2023 1:14 PM
Blanca Aquino Luque Level 3 OMB Gatekeeper Review
Completed
06/30/2023 1:38 PM
Maggie Lopez Additional Reviewer
Completed
06/30/2023 3:44 PM
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed
07/03/2023 10:00 AM
Amy Patterson Level 4 County Manager Review
Completed
07/18/2023 12:14 PM
Geoffrey Willig Meeting Pending
07/25/2023 9:00 AM
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EXHIBIT "A"
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LICENSE AGREEMENT FOR CONSTRUCTION STORAGE
LICENSE BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT,
APPROVING THE USE OF COUNTY -OWNED PROPERTY FOR THE PURPOSE OF A
CONSTRUCTION STORAGE AREA.
This Limited Use License Agreement ("Agreement") entered into this day of __ - 2023, by and
between the Board Of County Commissioners of Collier County, Florida, as the Governing Body of �
Collier County and as the Ex-Oflicio Governing Board of the Collier County Water -Sewer District,
whose mailing address is, in care of, Real Property Management, 3335 Tamiami Trail East, Suite 102. a
Naples, Florida 34112, hereinafter referred to as "BOARD" or "LICENSOR" and Haskins, Inc., a Florida
Profit Corporation, whose mailing address is 10956 Enterprise Ave., Bonita Springs. FL 34135, 2
hereinafter referred to as "LICENSEE." E
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I . LICENSEE requests the use of County -owned land for the purpose of a construction storage area ..
for the Pali River Public Utilities Renewal (PUR) project, areas 1 & 2. The Board hereby approves the rn
use of -County -owned property identified as a portion of I5395 Livingston Rd, Naples. Florida, as shown LQ
in Exhibit "A," which is attached and made a part hereof, hereinafter referred to as "Property.tM
LICENSEE shall be limited to only utilize the area depicted in Exhibit "A". T
1 LICENSEE shall access the Property only by way of Piper Blvd.
3. The approval of the use of the Property by the LICENSEE is expected to extend for thirty-two
months. The Board can cancel this Agreement at any time without incurring any liability or expense
whatsoever. However, the Board will cancel this Agreement only for a valid reason and the Board will
endeavor 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) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. The
LICENSEE is permitted to terminate this Agreement at any time by providing the Board with a minimum
of ten (10) days' written notice.
4. LICENSEE shall provide and maintain general liability insurance policy(ies), approved by the
Collier County Risk Manager, for not less than One Million Dollars ($1,000,000.00) combined single
limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an
additional insured thereon. Evidence of such insurance shall be provided to the Real Property
Management Department, 3335 Tarniami Trail East, Suite 101, Naples, Florida, 34112, for approval and
shall include a provision requiring ten (10) days prior written notice to Collier County in the event of
cancellation. LICENSOR shall be granted the right to revise said insurance policies throughout the term
of this Agreement when deemed necessary.
5. LICENSEE shall hold harmless and defend the Board of County Commissioners of Collier
County, Florida, and the Board Of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and as the Ex-Officio Governing Board of the Collier County Water -Sewer
District, and its agents and employees, from any claims, assertions or causes 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
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the Property. LICENSEE further agrees to indemnify Board for any costs, expenses or fees, including
attorneys' fees (including all appeals), arising from any and all claims and/or causes of action whatsoever
arising from or associated with the LICENSE'S activities and/or use of the Property.
6. This Agreement is not assignable. Any attempt to assign this Agreement is void ab initio.
7. LICENSEE shall provide monthly rent in the amount of Five Hundred Dollars ($500.00) by or on
the first of each month, made payable to Collier County Board of County Commissioners. remit to Real
Property Management, 3335 Tamiami Trail East, Suite 102, Naples, Florida 34112.
8. LICENSEE agrees to clean the site prior to its use at no cost the LICENSOR.
9. LICENSEE shall return the Property to the Board at the termination of this Agreement. or earlier.
clean and free of any equipment, materials, debris.
AS TO THE ICEN EE:
DATED:
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
By:__ --
Deputy Clerk
Approved as to form and legality:
Ronald T. Tomasko
Assistant County Attorney
Haskins, Inc., a Florida Profit Corporation
BE AMIN W,resident
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT
By: _
RICK LOCASTRO, Chairman
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RESOLUTION No. 2023 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING A LICENSE AGREEMENT FOR USE OF PROPERTY OWNED
BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT,
TO BE USED TEMPORARILY FOR CONSTRUCTION STORAGE.
WHEREAS, Haskins, Inc., contractor for the Palm River Public Utilities Renewal (PUR) project,
areas 1 & 2, desires to lease vacant property owned by the Board of County Commissioners of Collier
County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water -Sewer District (County), located at 15395 Livingston Rd, Naples, Florida, for
construction storage.
WHEREAS, the License Agreement for Construction Storage (License) provides for a thirty-two
month term commencing on the date that the Board of County Commissioners approves the License, with
a provision for either party to terminate, at any time, by providing advance written notice to the other 0a
party. The monthly rent will be Five Hundred Dollars ($500.00).
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WHEREAS, the Board of County Commissioners is satisfied that this property may be used by
I laskins, Inc. and is not needed for County purposes.
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS a
OF COLLIER COUNTY, FLORIDA, that: LO
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Lo 1. The Board of County Commissioners does approve the attached License Agreement for
Construction Storage with Haskins, Inc. o
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2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the License Agreement for Construction Storage with Haskins, Inc.
This Resolution adopted this day of 2023, after E
motion, second and majority vote.
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ATTEST:
Crystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS OF
Court and Comptroller COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT
BY: BY:
Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
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Ronald T. Tomasko
Assistant County Attorney
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