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Backup Documents 03/08/2016 Item #16E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E i�, TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through 42,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routine order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ' 40 ) 3/1t114,/'g1'4 4. BCC Office . Board of County "bFvL.\ Commissioners �c5/ 3\2A\h 5. Minutes and Records Clerk of Court's Office qti `� — ( 1,.4' 1 OP( PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or mis ing information. Name of Primary Staff '� •C�. Ci 4 d W 1 Phone Number i/ 3 Contact/ Department _� 7 Agenda Date Item wasAgenda Item Number Approved by the BCC 2' 7-, / Type of Document 6,6 U hLice`� 5�. Number of OriginalAttached Documents Attached PO number or account 7fi - number if document is F-' to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable), 1. Does the document require the chairman's original signature? 1„000 p),G. 4 //I. 2. Does the document need to be sent to another agency for additional signatures? I yes, d( n. • provide the Contact Infotznation(Name;Agency; Address;Phone)on an attached sheet._ 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Q� signed by the Chairman, with the exception of most letters, must be reviewed and signed Y by the Office of the County Attorney. G 4. All handwritten strike-through and revisions have been initialed by the County Attorney's A /A- Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. . 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's �Q • signature and initials are required. /''" 7. In most cases(some contracts are an exception),the original document and this routing slip / should be provided to the County Attorney Office at the time the item is input into SIRE_ N ) A. Some documents are time sensitive and require forwarding to Tallahassee within a certain ; time frame or the BCC's actions are nullified. Be ware of your deadlines! 8. The document was approved by the BCC on 3/�T (enter date) and all changes made ate -gs during the meeting have been incorporated in the attached document. The County ,:-.46...,..,,,,-.4-o. a �r Attorney's Office has reviewed the changes, if applicable. A c ..,.. 9. Initials of attorney verifying that the attached document is the version approved by the � yf ,�i rst BCC, all changes directed by the BCC have been made, and the document is ready for the4Il li bi ,a`9�s 3r 1�r''4}�'. Chairman's signature. is Forms/County Forms/BCC Forms/Original Documents Routing Slip WAYS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E 1 • - "• Memorandum �J( ;♦ To: Minutes and Records From: Michael Dowling Senior Property Management Specialist Real Property Management Date: March 15, 2016 Subject: License Agreement and Resolution— South Florida Water Management BCC Date: March 8, 2016 Item: 16 E 1 Hello All! Kindly provide me with a certified copy of the License so that I can forward to the tenant. Please contact me at extension 8743 with any questions. Thank you. © Attachment as stated 16E 1 Martha S. Vergara From: Martha S.Vergara Sent: Monday, March 21, 2016 4:44 PM To: Dowling Michael (MichaelDowling@colliergov.net) Subject: Reso & License Agreement -Item #16E1 Attachments: Michael Dowling.pdf Hi Michael, Attached is a scanned copy of Resolution 2016-45 & License Agreement for your records. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(u�collierclerk.com 1 16E 1 License: #IT - 131 LICENSE AGREEMENT THIS ICENSE AGREEMENT (`License') entered into this 7TH day of d)c._ CLX- , 2016, between SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a water management district created under Section 373.069, Florida Statutes, whose mailing address is South Florida Water Management District, PO Box 24680, West Palm Beach, Florida 33416-4680. hereinafter referred to as "LICENSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is in care of Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LICENSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LICENSOR hereby offers to LICENSEE and LICENSEE hereby accepts from LICENSOR space within the County's ground-level communications equipment shelter located at 312 Stockade Road, Immokalee, Florida, for LICENSEE'S transmitter and related equipment. The location shall be approved on-site by the LICENSOR'S Telecommunications Manager, and any and all improvements shall also be approved by the Telecommunications Manager by applying the terms contained in Article 5 of this License, hereinafter referred to as "Demised Premises." LICENSEE shall be permitted access, throughout the life of this License, along the "Access Road," as shown on the attached Exhibit 'A' in order to access the Demised Premises. ARTICLE 2. Term of License LICENSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date this License is executed by LICENSOR, and shall automatically renew for two (2) separate terms of five (5) years each, provided LICENSEE is not then in default of any of the provisions of this License, under the same terms and conditions, as provided herein, except as to the rental amount, as provided in Article 3 below. Both LICENSEE and LICENSOR will be allowed to terminate this License by providing the other party with thirty (30) day written notice. Said notice shall be effective upon actual receipt by LICENSEE or LICENSOR. LICENSEE shall be granted an additional sixty (60) days from the aforementioned thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. In addition, LICENSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is not authorized by this License or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Compensation In the spirit of community mindedness, there shall not be any compensation associated with the use of the Demised Premises. 16E 1 RESOLUTION No. 2016 -4 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND SOUTH FLORIDA MANAGEMENT DISTRICT FOR UTILIZATION OF COUNTY-OWNED PROPERTY. WHEREAS, South Florida Water Management District, a water management district created under Section 373.069, Florida Statutes (`SFWMD'), desires to use a portion of a communications tower equipment shelter located at 312 Stockade Road, Immokalee, Florida, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate its communications tower equipment. WHEREAS, the License Agreement ("License') provides for an initial five-year term with two automatic terms of five-years each with no annual rent. WHEREAS, the Board of County Commissioners is satisfied that this property is required for SFWMD 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 between Collier County and SFWMD. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached License. This Resolution adopted this day of -)Ualt-C.--)", 2016 after motion, second and majority vote. 1f ATTEST~,)•• 1314/ ,, DWIGHT E BROOK,Clerk BOARD OF COUNTY COMMISSIONERS ...,'q COL , FR COUNT , FLORIDA BY. ' , ,:.�� j BY: Deputy Clerk ' p Y ,_'� � Donna Fiala Attest as to Charrmarrs Chairman signature only:' Approved as to form and legality: Jennifer .a:e pea io, Assi• an ounty Attorney �D 16E 1 ARTICLE 4. Left Blank Intentionally ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LICENSEE must provide to LICENSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LICENSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LICENSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LICENSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LICENSEE. If after sixty (60) days, there has been no response from LICENSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to such request to LICENSEE. LICENSEE covenants and agrees in connections with any maintenance, repair work, improvements, additions or alterations of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LICENSEE. Prior to the termination of this License or any renewal term thereof, or within thirty (30) days thereafter, LICENSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LICENSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LICENSOR may complete said removals and repairs at LICENSEE'S expense. ARTICLE 6. Access to Demised Premises The LICENSEE, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the Demised Premises or any part thereof for the purpose of routine maintenance, inspection or repair of the LICENSEE'S transmitter and related equipment. LICENSEE shall coordinate access with the LICENSOR'S Telecommunications Manager prior to entering the Demised Premises. ARTICLE 7. Assignment and Subletting LICENSEE shall not assign this License or attempt to sublet the whole or any part of the Demised Premises, or permit any other persons to occupy same without the expressed prior written consent of LICENSOR. Any such assignment or subletting, even with the consent of LICENSOR, shall not relieve LICENSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this License unless a novation is expressly agreed to by LICENSOR. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this License or to be a consent to the assignment of this License or subletting of the Demised Premises. Any such attempt shall be null and void. 2 164E ARTICLE 8. Indemnity and Insurance The LICENSEE assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the LICENSEE and the officers, employees, servants, and agents thereof. The LICENSEE warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the LICENSEE's officers, employees, servants and agents while acting within the scope of their employment during performance under this Agreement. The LICENSEE and the LICENSOR further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes ARTICLE 9. Left Blank Intentionally ARTICLE 10. Maintenance LICENSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LICENSOR, LICENSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LICENSOR may cause the same to be cleaned and corrected and LICENSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LICENSEE within ten (10) days of receipt of written notice of costs incurred by LICENSOR. LICENSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LICENSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LICENSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LICENSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers approved by the LICENSOR. ARTICLE 11. Default by LICENSEE Failure of LICENSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this License shall constitute a default whereby LICENSOR may, at its option, terminate this License by giving LICENSEE thirty (30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such LICENSOR approved additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LICENSEE, and this License may be immediately terminated by LICENSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LICENSEE'S operation. (b) Falsification of LICENSEE or an agent of LICENSEE of any report required to be furnished to LICENSOR pursuant to the terms of this License. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. 3 16E 1 (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LICENSEE suffers this License to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this Article 11, LICENSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LICENSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LICENSOR may, at its option, terminate this License after receipt by LICENSEE of thirty (30) days notice in writing, if a lien is filed against the Demised Premises as a result of LICENSEE'S use under this License, and if the lien is not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law or otherwise. ARTICLE 12. Default by LICENSOR LICENSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LICENSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LICENSOR by LICENSEE properly and in meaningful detail specifying wherein LICENSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LICENSOR: LICENSEE: Board of County Commissioners South Florida Water Management District c/o Real Property Management PO Box 24680 3335 Tamiami Trail East, Suite 101 West Palm Beach, Florida 33416-4680 Naples, Florida 34112 Copy to: Radio Communications Manager ARTICLE 14. Surrender of Premises Unless LICENSOR agrees otherwise in writing, LICENSEE shall remove any improvements installed by LICENSEE or authorized by LICENSEE prior to the expiration of this License and shall deliver up and surrender to LICENSOR possession of the Demised Premises and any improvements not removed upon expiration of this License, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this License or may have been put by LICENSOR or LICENSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LICENSEE'S control excepted. 4 16E 1 ARTICLE 15. General Provisions LICENSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LICENSEE and shall involve no cost or expense to LICENSOR. LICENSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LICENSOR'S standard operations where other operations share common facilities or otherwise. (a) Rights not specifically granted the LICENSEE by this License are hereby reserved to the LICENSOR. (b) LICENSEE agrees to pay all tax imposed on the Demised Premises or otherwise related to LICENSEE'S use and/or equipment at the Demised Premises to the extent applicable under law, if applicable. (c) LICENSEE agrees to pay all intangible personal property taxes and other taxes, if any, which may be imposed due to the creation by this License. ARTICLE 16. Environmental Concerns LICENSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LICENSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LICENSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment. ARTICLE 17. Interference LICENSEE covenants and agrees that LICENSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LICENSOR'S equipment shelter, radio transmission equipment and/or accessories thereto. B. Not interfere with the operation of LICENSOR or LICENSOR'S tenants' or future tenants' radio equipment within the Demised Premises or to any equipment attached to the radio communications tower at the property leading to the Demised Premises. In the event there is interference by LICENSEE, LICENSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LICENSEE is unable to eliminate such interference caused by it within a reasonable period of time, LICENSEE agrees to remove all items causing the interference from the Demised Premises and this License shall terminate automatically. C. Not interfere with the maintenance of LICENSOR'S equipment shelter or related equipment. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. 5 16E 1 ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LICENSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LICENSEE, also for improvements made by the LICENSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LICENSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This License shall become effective upon execution by both LICENSOR and LICENSEE. ARTICLE 21. Governing Law This License shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a water management district created under Section 373.069, Florida Statutes. 411111 BY: b'► l WITNE S Print a e an% title:C e.04-h 1'11-6. /� T'�F.ct'LIt''.e►'Jj t'13u Ch iG 0 C. (' ucc.i Print name ESS Print Name Licensor's signature appears on the following page. 6 16E 1 AS TO THE LICENSOR: DATED: &, O CQ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BRQCK, Clerk COLLIER COUNTY, FLORIDA 11 BY: r ✓ / BY: .0111740 DQputy Clerk 4 ' Donna Fiala Attest as to Chatrnnan's Chairman signature only. Approved as to form and legality: ►P Jennife ° . Belpedio, A ant County Attorney 0517 \LP Gip N` _ . „iik...ji.„.. ,,,,,,,,,, ,..,,,,,, ,.. r.,. ... rvr, : 16E 1 Exhibit 'A' Stockade Road Immokalee, Florida: P. . J. ... 4 I i, - , *3 k. 1 • • ri 1 ... .0`,. ." ,.••r."-7,-7: • ,4 i .' - -. -4 t . .. 1 f .L., ...),„ ... . . .. .... ,• II .. _ ,,. . 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