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Construction Area Storage 16F 3 RESOLUTION NO. 2023 - 192 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT FOR USE OF PROPERTY OWNED BY 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, TO BE USED TEMPORARILY FOR CONSTRUCTION STORAGE. WHEREAS, Accurate Drilling Systems. Inc., contractor for the Golden Gate City Transmission Water Main Improvements— Phase IA—Golf Course, desires to use 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 4100 Golden Gate Pkwy, Naples, Florida 34116, for construction storage/laydown yard and a pipeline assembly area. WHEREAS, the License Agreement for Construction Storage (License) provides for a four 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 party. The monthly rent will be Five Hundred Dollars ($500.00). WHEREAS, the Board of County Commissioners is satisfied that this property may be used by Accurate Drilling Systems. Inc. for construction storage/laydown yard and a pipeline assembly area, and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached License Agreement for Construction Storage with Accurate Drilling Systems. Inc. 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 Accurate Drilling Systems. Inc. This Resolution adopted this 29 day of 064-5 b er 2023. after motion, second and majority vote. ATTEST: Crystal K.�Xi el, Clerk of the Circuit BOARD OF COUNTY COMMISONERS OF Court tind.ComptroVter COLLIER COUNTY, FLORIDA, AS Tit GOVERNING BODY OF COLLIER COUNTY ANO 7 r AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT f _yam rrrrr`j� � r BY: ` • BY: / '"!'!!lug:f�sttitti'•�� Attest as to Chairmart'il Depu ler Rick LoCastro. Chairman •{ signature only Approved a o f rm and 1 ality: Iti� � Sally , ssi ant County Attorney NV/ 16F 3 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 EX- OFFICIO THE 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 23fl' day of October, 2023, by and between 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, whose mailing address is, in care of, Real Property Management, 3335 Tamiami Trail East, Suite 102, Naples, Florida 34112, hereinafter referred to as "BOARD," and Accurate Drilling Systems, Inc., a Florida Profit Corporation, whose mailing address is PO BOX 3035 LABELLE, FL 33975, hereinafter referred to as LICENSEE. 1. LICENSEE requests the use of County-owned land for the purpose of a construction storage/laydown yard and pipeline assembly area for the Golden Gate City Transmission Water Main Improvements — Phase 1A — Golf Course, pursuant to Construction Agreement 23-8058 entered into by the parties on January 19, 2023 (the "Contract"), the terms and conditions of which are hereby incorporated herein and made a part hereof by reference as if set forth in full. The Board hereby approves the use of County-owned property identified as portion of 4100 Golden Gate Pkwy, Naples, Florida 34116, as shown in Exhibit "A," which is attached and made a part hereof, hereinafter referred to as "Property." LICENSEE shall be limited to only utilize the area depicted in Exhibit "A" and refrain from encroaching into easements or neighboring residential property depicted in Exhibit "B". 2. LICENSEE shall access the Property only by way of Golden Gate Pkwy. 3. The approval of the use of the Property by the LICENSEE shall extend for four (4) months beginning on the date this Agreement is approved by the Board. 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 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 Tamiami 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. 1 CAO 16F 3 5. LICENSEE shall hold harmless and defend the Board of County Commissioners of Collier County, Florida, and 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, 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 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 Property prior to its use at no cost to the LICENSOR. 9. LICENSEE shall return the Property to the Board at the termination or expiration of this Agreement, whichever is earlier, clean and free of any equipment, materials, debris. 10. LICENSEE shall, at its sole cost and expense, construct a 6ft tall fence with screen and lockable access gate around the entire perimeter of the Property and shall remove the fence at the expiration or termination of this Agreement. The fence location must be set back at least 5 feet from the maintenance road and pathway. 11. LICENSEE agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the work required by the Contract. 12. LICENSEE agrees all use of and work on the Property shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, all use of and work on the Property will generally be limited to the hours of 7 a. m. to 7 p. m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 13. LICENSEE shall maintain the Property daily and shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the work required by the Contract. 2 CA0 16F 3 AS TO THE LICENSEE: Accurate Drilling Systems, Inc., a Florida Profit Corporation DATED: By: MARIO ACEVEDO, President Crystal K. Kitize+l erJC of the Circuit BOARD OF COUNTY COMMISSI9NE1S Oh" Court and".Comptro 1 y , COLLIER COUNTY, FLQ 'IDA, AS THE • ` GOVERNING BODY OF COLiTER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF TI-tE Attest as to Chairrnan` signature only py; COLLIER COUNTY WATER-SEWER DISTRICT • Depu y RICK LOCASTRO, Chairman Approved/. to form and legality: IAA S. 7 As ar,' ssistant County At rney p\v) 3 CA0 16F 3 AS TO TI-IE LICENSEE: Accurate Drilling Systems. Inc., a Florida Profit Corporation DATED: /d A�/,2/1 13y: 441 MA 10 ACEVEDO. President Crystal K. Kinzel. Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS OF Court and Comptroller COLLIER COUNTY, FLORIDA. AS THEGOVERNING 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 Appr as to form and legality: shkar, Assistant County At rney 3 EXHIBIT "A" 1 6 F 3 ...ay ti ys tet YIT!'F.' 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