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Agenda 02/09/2016 Item #16E 2 2/9/2016 16.E.2. EXECUTIVE SUMMARY Recommendation to approve a one-year extension to the Special Use Permit with the United States Department of the Interior National Park Service Big Cypress National Preserve for the Carnstown Sheriff's Substation and to approve a Budget Amendment on behalf of the Sheriff's Office. OBJECTIVE: To continue operations at the Carnstown Sheriff's Substation. CONSIDERATIONS: On September 23,2014,item 16E7,the Board approved a Special Use Permit(Permit)with the United States Department of the Interior National Park Service Big Cypress National Preserve (Department)to allow the County to remain at the Sheriff's Substation, also referred to as the Carnstown Substation, located at the intersection of US 41 and CR 29. The current Permit expired on August 31, 2015. Staff was unable to submit the Permit until this time due to extensive negotiations and the receipt of the final version from the Department. Athis time, a renewal is required and the attached Permit provides for a one-year extension. The Department expects to submit a long-term lease prior to the expiration of this Permit. In the initial Permit,the Department listed several items that required inspection and/or remedy which included the electrical panel,possible asbestos located in the attic area,the septic tank,and the removal of two above-ground fuel tanks. The required inspections were completed and revealed deficiencies in the concrete septic tank and erosion of the drainfield which require remediation. A Budget Amendment in an amount not to exceed$55,000 is requested to pay for the required improvements.If this item is approved,a competitively solicitation for the work will be issued. The Permit has been reviewed and approved by the County Attorney's Office,the Risk Management Division, and the Facilities Management Division. FISCAL IMPACT: The cost for the improvements shall not exceed$55,000 and shall be paid from County Wide Capital Project Fund(301),General Building Renovations(120435),General Building Improvements(52525.1). GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval.—JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to execute the attached United States Department of the Interior National Park Service Big Cypress National Preserve Special Use Permit and the Budget Amendment in an amount not to exceed$55,000 for required improvements. PREPARED BY: Michael H.Dowling,Senior Property Management Specialist,Facilities Management Division Attachment: Special Permit Agreement t"■ Packet Page-597- 2/9/2016 16.E.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.2. Item Summary: Recommendation to approve a one-year extension to the Special Use Permit with the United States Department of the Interior National Park Service Big Cypress National Preserve for the Carnstown Sheriff's Substation and to approve a Budget Amendment on behalf of the Sheriff's Office. Meeting Date: 2/9/2016 Prepared By Name: DowlingMichael Title:Property Management Specialist, Senior,Facilities Management 1/5/2016 12:34:14 PM Submitted by Title: Property Management Specialist, Senior,Facilities Management Name: DowlingMichael 1/5/2016 12:34:16 PM Approved By Name: pochopinpat Title: Operations Coordinator,Administrative Services Department Date: 1/5/2016 4:10:43 PM Name: LinguidiDennis Title: Division Director-Facilities Mgmt,Facilities Management Date: 1/6/2016 12:58:36 PM Name: MottToni Title: Manager-Property Acquisition&Const M,Facilities Management Date: 1/19/2016 2:00:02 PM Name: BelpedioJennifer Title:Assistant County Attorney,CAO General Services Date: 1/20/2016 4:19:44 PM Packet Page -598- 2/9/2016 16.E.2. Name: PriceLen Title: Department Head-Administrative Svc,Administrative Services Department Date: 1/22/2016 1:48:05 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/22/2016 2:50:16 PM Name: WellsLaura Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 1/27/2016 1:47:25 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/28/2016 4:29:12 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 1/29/2016 9:20:41 AM Name: CasalanguidaNick ^ Title: Deputy County Manager,County Managers Office 1 Date: 2/1/2016 8:32:30 AM /'1 Packet Page -599- �* /�O1A1A �� � � ~ `-" ..' .".^-.~-. Revised 06-10 UNITED STATES DEPARTMENT OF THE INTERIOR Form 10-114 National Park Service ' Big Cypress National Preserve Special Use Permit PE*m|TTsE ----- -------- -- --- Park Alpha Code: BICY Collier County ^ Type PERSON RESPONSIBLE FOR PERMITTEE Permit#: 15377 Tim Nance, Chairman ADDRESS is hereby authorized to use the following described 3335 Tamiami Trail, East land and/or facilities (hereinafter"Premises") situated Naples, Florida 34112 TELEPHONE NUMBER in and upon Big Cypress National Preserve ( Area or Michael Dowling, 239-252-8743 "Preserve"): The Premises are more particularly described on the drawings and/or maps, attached hereto as Exhibit# la. The Premises and Area must be restored by Permittee to their original condition at the end of the Special Use Permit (hereinafter Permit'), except as otherwise provided herein. The Permit begins at 12:01 (am/pm) on 08/31/2015 (Month/Day/Year) ThePernntt expires at 11:59 (am/pm) on 08/30/2010 (Month/Day/Year). '—. . SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional Conditions) Permittee is authorized to use and occupy the Premises for a period of one (1) year, not to exceed August 30, 2016, for the purpose of operating and maintaining an office and substation for the Collier County Sheriff Office. Permittee is also authorized to allow four (4) non-governmental third-party communications and/or cellular telephone providers (hereinafter "Third-Party Providers") to install and maintain telecommunications and/or cellular telephone equipment or devices on the transmission tower currently situated on the Premises. This Permit is for one year only to allow adequate time for Permittee and the National Park Service, by and through Bi Cypress National Preserve, to enter into a long-term lease under Part 18 of Title 36, Code of Federal Regulations. Accordingly, in the event the anticipated lease is duly executed before August 30, 2016, this Permit will become null and void on the date of the last signature affixed to the lease. The Person Responsible for Penni8ee, e the person who will ensure adherence to the terms and conditions of the Permit is (include contact information): Michael Dowling Real Property Manager, Collier County Government Services 3J35TannanniTrail EastVa•kes Florida 34112 shone: 239-252-8743 Authorizing legislation or other authority: PI, 100'301 \ Packet Page -600- ( Y) • 2/9/2016 16.E.2. NEPA Compliance: CATEGORICALLY EXCLUDED X EA/FONSI EIS PEPC# OTHER APPLICATION FEE Received Not Required X Amount$ PERFORMANCE BOND: Required Not Required X Amount$ LIABILITY INSURANCE: Required X Not Required Amount Sp/A for Collier County Government, $1,000,000 per Third-Party Provider COST RECOVERY: Required X Not Required Amount $ FACILITY USE FEE: Required Not Required X Amount 4 LOCATION FEE: Required Not Required X Amount $ ISSUANCE of this Permit is subject to the attached Conditions. The undersigned hereby accepts this Permit subject to the terms, covenants, obligations, and reservations, expressed or implied herein. PERMITTEE Signature Title Date Authorizing NPS Official Signature Superintendent Date eTh Authorizing NPS Official (additional if required) Signature Title Date Approved as to form and legality ATTEST: DWIGHT E. BROCK,CI** B CONDITIONS OF THIS PERMIT Assistant County Attorney s y: ■'‘NA •%. 1. Permittee is prohibited from giving false information; to do so will be considered a breach of the conditions of this Permit and be grounds for revocation: [36 CFR 2.32(03)1 2. Permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms and conditions of this Permit. Failure to do so may result in the immediate suspension of the permitted activity or the termination of the Permit. 3. If any provision of this Permit shall be found to be invalid or unenforceable, the remainder of this Permit shall not be affected and the other provisions of this Permit shall be valid and be enforced to the fullest extent permitted by law. 4. Permittee is responsible for making all necessary contacts and arrangements with other 2 Packet Page -601- 2/9/2016 16.E.2. Federal, State, and local agencies to secure required inspections, permits, licenses, and • similar authorizations. 5. Permittee will reimburse NPS for cleanup or repair of damages to the Premises, whether damages are caused by Permittee or its Third-Party Providers, required to be made by NPS staff or contractor in conjunction with a terminated or expired Permit. 6. This Permit may be revoked at the discretion of the Superintendent upon 24 hour notice, or without notice if damage to Area resources or facilities occurs or is threatened, notwithstanding any other term or condition of the Permit to the contrary. 7. This Permit is made upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of Permittee, its agents or employees, or third parties, from any cause or causes whatsoever in or upon the Premises or any part thereof during the term of this Permit or occasioned by any occupancy or use of the Premises or any activity carried on by Permittee in connection herewith, and Permittee hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same. 8. Permittee is a unit of government and is not required to carry general liability insurance against claims occasioned by the action or omissions of Permittee, its agents and employees in carrying out the activities and operations authorized by this Permit. Notwithstanding this, each and every Third-Party Provider authorized under this Permit to conduct business on the Premises must provide the Superintendent with acceptable evidence of liability insurance and, in addition, each and every Third-Party Provider must provide the Superintendent with a written agreement, in a form acceptable to the Superintendent, to indemnify, save and hold harmless the United States and its departments, agencies, bureaus, to include specifically but without limitation the U.S. Department of the Interior and the National Park Service, for the acts and/or omissions of each Third-Party Provider and its agents, employees, representatives and any others acting on their behalf or with their knowledge or consent, with respect to the presence and activities of the Third-Party Providers on the Premises. 9. Permittee agrees to deposit with the Superintendent a bond in the amount of$ N/A from an authorized bonding company or in the form of cash or cash equivalent, to guarantee that all financial obligations of Permittee for the conduct of the permitted activity will be met, regardless of the party or entity to whom the financial obligation may be owed, including but not limited to the restoration and rehabilitation of the Premises as may be authorized in this Permit. 10.Costs incurred by the Preserve as a result of accepting and processing the application and managing and monitoring the permitted activity authorized in this Permit will be reimbursed by Permittee. Administrative costs and estimated costs for activities on site must be paid when the Permit is approved. If any additional costs are incurred by the Preserve, Permittee will be billed at the conclusion of the Permit and payment will be made within a 3 Packet Page-602- 2/9/2016 16.E2. reasonable time. Should the estimated costs paid exceed the actual costs incurred, the difference will be returned to Permittee upon expiration of the Permit. 11.The Person Responsible for Permittee, or such other authorized official(s) designated by said person as the on-site representative(s) of Permittee, must have full authority on behalf of Permittee to make any decisions about the permitted activity and must remain on the Premises at all times during the conduct of the permitted activity. Such person(s) shall be responsible for all individuals, groups, vendors, or similar parties, and for the activities of same, involved with the Permit. Permittee shall ensure that its Third-Party Providers comply with and abide by all of the terms of this Permit that are applicable to them, and Permittee shall provide acceptable written evidence of same, in whatever form or format memorializes Permittee's permission to allow a Third-Party Provider to use the transmission tower, to the Superintendent on or before the beginning date of this Permit. 12.Permittee represents and it is a condition of acceptance of this Permit that, pursuant to 41 U.S.C. 22, "No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon." 13. Nothing herein contained shall be construed as binding the United States, the National Park Service, or the Preserve to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this Permit for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. 14.This Permit may not be transferred or assigned without the prior written consent of the Superintendent. tTh 15. Nothing herein contained shall be construed as creating or conveying a property right or interest, inuring to Permittee, of any renewal, extension or other augmentation to the term of this Permit. 16.Permittee expressly understands and acknowledges that, in the event Permittee and the National Park Service enter into a lease involving the leasing, use and occupancy of the Premises by Permittee herein on or before August 31, 2016, this Permit and any renewals hereof shall be terminated and have no further force and effect beginning on the effective date of the lease. 18. Permittee expressly understands, acknowledges, and agrees that during the term of this Permit, Permittee shall not raze, remove, destroy, or replace, in whole or in part, the improvements currently situated on the Premises. This Permit requires Permittee to perform such repairs, construction, maintenance and upkeep necessary to ensure said improvements satisfy applicable health and safety requirements as may be prescribed in this Permit or required by applicable laws, regulations, ordinances or codes. Permittee shall provide the Superintendent with acceptable evidence confirming that asbestos remediation, performed in accordance with all applicable laws, regulations, codes or ordinances, has been performed and completed on the Premises. 19. The provisions in this Permit are unique to the special circumstances described in the Permit and in Permittee's application, and they are not intended to be, nor should they be 4 Packet Page-603- 2/9/2016 16.E.2. construed as, binding representations or precedent for any other permits, leases, contracts, or other agreements entered into by and between the National Park Service and Permittee or any other parties. 20. During the term of this Permit and subject to the terms and conditions of this Permit, Permittee (Verizon Wireless) shall have the authority to permit four Third-Party Providers to conduct telecommunications operations on the Premises in the manner and scope of such existing telecommunications operations using the existing telecommunications facilities already situated on the Premises. The permission granted to Permittee in this Permit, and in particular as intended by this paragraph, is subject to the Preserve's authority to manage and administer the Premises pursuant to applicable law, regulation, and policy with respect to the telecommunications operations authorized in this paragraph. Specifically, nothing in this Permit shall limit or constrain the Preserve from exercising its legal authority to block, prevent, cease or restrain any activity with respect to such Third-Party Providers, operations or business activities that are not in the best interest of the Preserve, or that violate or conflict with applicable law, regulation or policy of the United States, the U.S. Department of the Interior, or the National Park Service, This Permit specifically restricts the number and nature of such Third-Party Providers and their associated operations to the existing number and nature of same. As a condition of this Permit, Permittee shall prepare a comprehensive and current list of all existing Third-Party Providers and/or their agents, representatives, managers, sublessees, subpermittees, suboperators, or others acting on their behalf or pursuant to their permission or the permission of Permittee, together with a description of the operations and businesses of same and deliver the list to the Preserve on or before the beginning date of this Permit. 5 Packet Page -604- 2/9/2016 16.E.2. Exhibit I A The lessor does hereby lease to said lessee for the purpose of construction,maintaining,and operating a Florida Highway Patrol Station on the following described property,located and situated in Collier County, Florida,more particularly described as follows,to-wit: Commencing at the Southeast corner of Section 25,Township 52 South, Range 29 East, Tallahassee Meridian,Collier County,Florida,thence S. 89°55' 55"W.along the South line of said Section 25,2711.30 feet to a point on the survey line of State Road No.29;thence N. 25°27' 17" E. along said survey line 205.84 feet; thence N.29°28'17"E.along said survey line 1417.50 f e e t t o a point,(said point being S.29°28' 17" W. 150.62 feet from the intersection of the survey lines of State Road No.29 and the Tamiami Trail (U.S.41),thence S 65°20' 31"E. 80.28 feet to a concrete monument marking the point of intersection of the Easterly right-of-way line of State Road No.29 and the Southerly right-of-way line of the Tamiami Trail(U.S.41); thence continuing S. 65°20'31"E. along said Southerly right-of-way 157.00 feet to and THE POINT OF BEGINNING;thence continuing S. 65°20'31" E.along said Southerly right-of-way 70.35 feet to a point of curvature;thence continuing along said southerly right-of-way and the westerly right-of-way of a canal;thence S.24°38'33" W along the Westerly right-of-way154.88 feet to a point of curvature;thence continuing along said Westerly right-of-way and the arc of a curve to the right with a central angle of 16°00'00"a radius of 905.37 feet for an arc distance of 905.37 feet;thence N. 65°20' 31"W. 197,50 feet;thence N.24°39'29" E. 400 feet to THE POINT OF BEGINNING,containing 1.94 acres, more or less. Packet Page -605- 2/9/2016 16.E.2. Revised 06-10 UNITED STATES DEPARTMENT OF THE INTERIOR Form 10-114 National Park Service Big Cypress National Preserve Special Use Permit • PERMITTEE Park Alpha Code: BICY Collier County Board of Commissioners Type of Use: 6000 Law Enforcers:nt PERSON RESPONSIBLE FOR PERMITTEE Permit#: 14288 Tom Henning, Chairman ADDRESS is hereby authorized to use the following described 3335 Tamiami Trail, East land and/or facilities (hereinafter"Premises") situated Naples, Florida 34112 TELEPHONE NUMBER in and upon Big Cypress National Preserve("Area"or Michael Dowling, 239-252-8743 "Preserve"): The Premises are more particularly described on the drawings and/or maps, attached hereto as E. hibit#la. The Premises and Area must be restored by Permittee to their original condition at the end of the St :cial Use Permit(hereinafter"Permit"),except as otherwise provided herein. The Permit begins at 12:01 (am/pm)on 08/31/2014 (Month/Day/Year) .e The Permit expires at 11:59 (am/pm)on 08/30/2015 (Month/Day/Year), SUMMARY OF PERMITTED ACTIVITY: (see attached sheets for additional Conditions) Permittee is authorized to use and occupy the Premises for a period of one(1)year, not to exceed,August 30, 2015,for the purpose of operating and maintaining an office and substation for the Collier County Sheriff Office. Permittee is also authorized to allow four(4) non-governmental third-party communications and/or cellular telephone providers(hereinafter"Third-Party Providers")to install and maintain telecommunications and/or cellular telephone equipment or devices on the transmission tower currently situated on thekrremises. This Permit is for one year only to allow adequate time for Permittee and the National Park Service,by and through Big Cypress National Preserve,to enter into a long-term lease under Part 18 of Title 36 Code of Federal Regulations. Accordingly, in the event the anticipated lease is duly executed before August 30, 2015, this Permit will become null and void on the date of the last signature affixed to the lease. The Person Responsible for the Permittee, i.e. the person who will ensure adherence to the terms and conditions of the Permit is(include contact information): Michael Dowling_ Real Property Manager_Collier County Government Services, 3335 Tamiami Trail. East, Naples,Florida 34112, phone.239-252-8743 0 d Packet Page -606 2/9/2016 16.E.2. Authorizing legislation or other authority: P.L. 100-301 NEPA Compliance: CATEGORICALLY EXCLUDED X EA/FONSI EIS—PEPC# OTHER APPLICATION FEE Received Not Required X Amount$ PERFORMANCE BOND: Required Not Required X Amount$ LIABILITY INSURANCE: Required X Not Required Amours . . • a a u-nt $1,000,000 per Third-Party Provider COST RECOVERY: Required X Not Required _ Amount$ FACILITY USE FEE: Required_ Not Required X Amount$ 1 LOCATION FEE: Required_ Not Required X Amount$ ISSUANCE of this Permit Is subject to the attached Conditions. The undersigned hereby accepts this Permit subject to the terms, covenants, obligations,and reservations, expressed or implied herein. PERMITTEE Signature Title Date Authorizing NPS Official Signature Superintendent Date Authorizing NPS Official (additional if required) Signature Title Date Approved as to form and legality ATTEST: DWIGHT E. BROOK, Cleric AssistantCountyAttoruey CONDITIONS OF THIS PERMIT BY: 1. The Permittee is prohibited from giving false information; to do so will be considered a breach of the conditions of this Permit and be grounds for revocation: [36 CFR 2.32(a)(3)]. 2. The Permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms and conditions of this Permit. Failure to do so may result in the immediate suspension of the permitted activity or the termination of the Permit. 2 Packet Page-607- 2/9/2016 16.E.2. 3. If any provision of this Permit shall be found to be invalid or unenforceable, the remainder of this Permit shall not be affected and the other provisions of this Permit shall be valid and be enforced to the fullest extent permitted by law, 4. The Permittee is responsible for making all necessary contacts and arrangements with other Federal, State, and local agencies to secure required inspections, permits, licenses, etc. 5. Failure to comply with any of the terms and conditions of this Permit may result in the 1 suspension or revocation of the Permit. 6. Permittee will reimburse NPS for cleanup or repair of damages to the Premises,whether damages are caused by Permittee or its Third-Party Providers, required to be made by NPS staff or contractor,in conjunction with a terminated or expired Permit. 7. This Permit may be revoked at the discretion of the Superintendent upon 24 hours notice, or without notice if damage to Area resources or facilities occurs or is threatened, notwithstanding any other term or condition of the Permit to the contrary. 8. This Permit is made upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever,whether to the person or property of the Permittee, its agents or employees, or third parties, from any cause or causes whatsoever in or upon the Premises or any part thereof during the term of this Permit or occasioned by any occupancy or use of the Premises or any activity carried on by the Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same. 9. Permittee is a unit of government and is not required to carry general liability insurance against claims occasioned by the action or omissions of the Permittee, its agents and employees in carrying out the activities and operations authorized by this Permit. Notwithstanding this Permittee will require each of its Third-Party Providers to have in force for the term of this Permit, or until such time as any Third-Party Provider ceases operations on and removes its equipment from the Premises, general liability insurance against claims occasioned by the actions or omissions of the Third-Party Providers, their agents and employees in carrying out the activities and operations authorized by this Permit. Each Third- Party Provider's policy of general liability insurance shall be in the amount of$1,000,000 and underwritten by a United States company naming the United States of America as additionally insured. The Permittee agrees to provide the Superintendent with a Certificate of Insurance from each of its Third-Party Providers, with the proper endorsements, prior to the beginning date of the Permit. 10.Permittee agrees to deposit with the Superintendent a bond in the amount of$ N/A from an authorized bonding company or in the form of cash or cash equivalent, to guarantee that all financial obligations of the Permittee for the conduct of the permitted activity will be met, regardless of the party or entity to whom the financial obligation may be owed, including but 3 Packet Page-608- 2/9/2016 16.E.2. not limited to the restoration and rehabilitation of the Premises as may be authorized in this „y Permit. 11.Costs incurred by the Preserve as a result of accepting and processing the application and managing and monitoring the permitted activity authorized in this Permit will be reimbursed by the Permittee. Administrative costs and estimated costs for activities on site must be paid when the Permit is approved. If any additional costs are incurred by the Preserve, the Permittee will be billed at the conclusion of the Permit and payment will be made within a reasonable time. Should the estimated costs paid exceed the actual costs incurred, the difference will be returned to the Permittee upon expiration of the Permit. 12.The Person Responsible for the Permittee, or such other authorized official(s) of the Permittee designated by said responsible person as the on-site representative(s) of the Permittee, must have full authority on behalf of the Permittee to make any decisions about the permitted activity and must remain on the Premises at all times during the conduct of the permitted activity. Such authorized designee shall be responsible for all individuals, groups, vendors, etc., and for the activities of same, involved with the Permit. Permittee shall ensure that its Third-Party Providers comply with and abide by all of the terms of this Permit that are applicable to them, and acceptable written evidence of same, in whatever form or format memorializes Permittee's permission to allow a Third-Party Provider to use the transmission tower, shall be provided to the Superintendent on or before the beginning date of this Permit. 13.The Permittee represents and it is a condition of acceptance of this Permit that, pursuant to 41 U.S.C. 22, "No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon." 14. Nothing herein contained shall be construed as binding the United States,the National Park Service, or the Preserve to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this Permit for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. 15.This Permit may not be transferred or assigned without the prior written consent of the Superintendent. 16. Nothing herein contained shall be construed as creating or conveying a property right or interest, inuring to Permittee, of any renewal, extension or other augmentation to the term of this Permit. 17.The Permittee expressly understands and acknowledges that, in the event the Permittee and the National Park Service enter into a lease involving the leasing, use and occupancy of the Premises by Permittee herein on or before August 31, 2015, this Permit and any renewals hereof shall be terminated and have no further force and effect beginning on the effective date of the lease. 18. The Permittee expressly understands, acknowledges, and agrees that during the term of this Permit, Permittee shall not raze, remove, destroy, or replace, in whole or in part, the 4 0 Packet Page-609- 2/9/2016 16.E.2. ' f improvements currently situated on the Premises, except that this Permit authorizes and requires Permittee to perform such repairs, construction, maintenance and upkeep necessary to ensure said improvements satisfy applicable health and safety requirements as may be prescribed in this Permit or required by applicable laws, regulations, ordinances or codes. The Permittee shall provide the Superintendent with acceptable evidence confirming that asbestos remediation, performed in accordance with all applicable laws, regulations, codes or ordinances, has been performed and completed on the Premises. 19. The provisions in this Permit are unique to the special circumstances described in the Permit and in the Permittee's application, and they are not intended to be, nor should they be construed as binding representations or precedent for any other permits, leases, contracts, or other agreements entered into by and between the National Park Service and the Permittee or any other parties. 20. During the term of this Permit and subject to the terms and conditions of this Permit, Permittee shall have the authority to permit[#]Third-Party Providers to conduct telecommunications operations on the Premises in the manner and scope of such existing telecommunications operations using the existing telecommunications facilities already situated on the Premises. The permission granted to the Permittee in this Permit, and in particular as intended by this paragraph, is subject to the Park's authority to manage and administer the Premises pursuant to applicable law, regulation, and policy with respect to the telecommunications operations authorized in this paragraph. Specifically, nothing in this Permit shall limit or constrain the Park from exercising its legal authority to block, prevent, cease or restrain any activity with respect to such Third-Party Providers, operations or business activities that are not in the best interest of the Park, or that violate or conflict with applicable law, regulation or policy of the United States, the U.S. Department of the Interior, or the National Park Service. This Permit specifically restricts the number and nature of such Third-Party Providers and their associated operations to the existing number and nature of same. As a condition of this Permit, the Permittee shall prepare a comprehensive and current list of all existing Third-Party Providers and/or their agents, representatives, managers, sublessees, subpermittees, suboperators, or others acting on their behalf or pursuant to their permission or the permission of Permittee, together with a description of the operations and businesses of same and deliver the list to the Park on or before the beginning date of this Permit. 21. Each and every one of the Third-Party Providers authorized under this Permit to conduct business on the Premises must provide the Superintendent with acceptable evidence of liability insurance as provided in Condition#8 herein and, in addition, each and every one of the Third-Party Providers must provide the Superintendent with a written agreement, in a form acceptable to the Superintendent, to indemnify, save and hold harmless the United States and its departments, agencies, bureaus, to include specifically but without limitation the U.S. Department of the Interior and the National Park Service, for the acts and/or omissions of the Third-Party Providers and their agents, employees, representatives and any others acting on their behalf or with their knowledge or consent, with respect to the presence and activities of the Third-Party Providers on the Premises. 5 Packet Page -610- 2/9/2016 16.E.2. SPECIAL USE PERMIT CONDITIONS OF THIS SPECIAL USE PERMIT SPECIAL PARK CONDITIONS Permittee is required to and shall perform corrective action within 90 days of the beginning date of the Permit to correct the deficiencies at the Substation, as noted in the National Park Service inspection report dated June 17, 2014 as follows: II 1. Electrical panel and electrical system are outdated (installed in 1965) and are not, or may not be in compliance with applicable existing code requirements. Corrective action required: Permittee will have an electrical contractor licensed in the State of Florida, perform an electrical safety inspection of the entire electrical system. Provide a copy of this report to the National Park Service. Permittee will be required to correct any deficiencies that may be noted in the inspection report. 2. Attic area has been sealed, reportedly due to the discovery of asbestos containing insulation above the interior ceilings. Corrective action required: Permittee will have a licensed, qualified asbestos abatement contractor perform an inspection of the attic area (or other areas suspected of containing asbestos or ACM) and provide the National Park Service with a copy of the asbestos abatement report. Permittee will be responsible for remediation of items noted in the report, if such items have not been previously addressed 3. Two (2) above ground fuel storage tanks are located on the Premises in very close proximity to the wetlands (canal). Corrective action required: Permittee will remove the above ground storage tanks and related equipment from the site. 4. Determine septic system condition and compliance with applicable codes and standards. Correcticve action required: Permittee will have a septic system inspector certified in the State of Florida, perform a septic system inspection. The Permittee shall correct or address any deficiencies that may be noted in the report. 6 Packet Page -611- 2/9/2016 16.E.2. Sub lease and Contact Information, Collier County Contact of record: Michael Dowling Real Property Manager Collier County Government Services 3335 Tamiami Trail, East Naples, Florida 34112 Current Tower Lessee Josephine Conde Real Estate Manager Verizon Wireless (FCC License# 1020923) 777 Yamato Road, Suite 600 Boca Raton, FL 33431 561.995.5553 Josephine.Conde@VerizonWireless.com Tower Operator: Crown Castle GT Co LLC 2000 Corporate Drive Canonsburg, PA 15317 Notification Contact phone number 1-800-788-7011 Contact of Record: Erica C Thomas Senior Land Transaction Specialist 713-570-3089 Current Tower Residents and Type of Use Collier County Government (Radio Frequency) Term Began: 6/12/1999 Term Ends: 5/31/2015 Harris Corporation (Radio Frequency) Term Began: 5/13/2002 Term Ends: 5/14/2023 AT&T Mobility (New Cingular Wireless) (Cellular/Broadband) Term Began 1/1/2006 Term Ends: 12/31/2046 Verizon Wireless (Cellular/Broadband) Term: 1/31/2014 Term Ends: 9/1/2019 7 ,{0 , - Packet Page -612- 2/9/2016 16.E.2. Exhibit I The lessor does hereby lease to said lessee for the purpose of construction,maintaining, and operating a Florida Highway Patrol Station on the following described property, located and situated in Collier County, Florida,more particularly described as follows,to-wit: Commencing at the Southeast corner of Section 25, Township 52 South,Range 29 East, Tallahassee Meridian,Collier County,Florida,thence S. 89°55' 55" W.along the South line of said.Section 25,2711.30 feet to a point on the survey line of State Road No.29;thence N. 25°27' 17" E. along said survey line 205.84 feet;thence N. 29°28'.17"E. along said survey line 1417.50 feet to a point,(said point being S.29°28' 1 7" W. 150.62 feet from the intersection of the survey lines of State Road No.29 and the Tamiami Trail(U.S.41),thence S 65°20' 31"E. 80.28 feet to a concrete monument marking the point of intersection of the Easterly right-of-way line of State Road No.29 and the Southerly right-of-way line of the Tamiami Trail (U.S.41); thence continuing S. 65°20'31"E. along said Southerly right-of-way 157.00 feet to and THE POINT OF BEGINNING;thence continuing S.65°20'31"E. along said Southerly right-of-way 70.35 feet to a point of curvature;thence continuing along said southerly right-of-way and the westerly right-of-way of a canal;thence S.24°38'33" W along the Westerly right-of-wayl 54.88 feet to a point of curvature;thence continuing along said Westerly right-of-way and the arc of a curve to the right with a central angle of 16° 00'00"a radius of 905.37 feet for an arc distance of 905.37 feet;thence N. 65°20' 31"W. 197.50 feet;thence N. 24°39'29"E.400 feet to THE POINT OF BEGINNING,containing 1.94 acres,more or less. /' /"■ Packet Page -613- ��/�D1� 1A �� � ��. ^�� .� 16.E.2. Revised 06-10 UNITED STATES DEPARTMENT OF THE INTERIOR Form 10-114 National Park Service Big Cypress National Preserve Special Use Permit PERMITTEE Park Alpha Code: BICY Collier County Board of Commissioners Type of Use: 6000 Law Enfonem�L PERSON RESPONSIBLE FOR PERMITTEE Permit#: 14288 Tom Henni , Chairman ADDRESS is hereby authorized to use the following described 3335 Tamiami Trail, East land and/or facilities(hereinafter"Premises")situated Naples, Florida 34112 TELEPHONE NUMBER in and upon Big Cypress National Preser'e ("Area" or Michael Dowling, 230-252-8743 "Preserve"): The Premises are more particularly described on the drawings and/or maps, attached hereto as hibi*#1a. The Premises and Area must be restored by Permittee to their original condition at the end of the 8[ cialUse Permit(hereinafter"Permit"), except as otherwise provided herein. The Permit begins at 12:01 Aoom/,n�nn O8/�i/2D14 (Month/Day/Year) / � `__.. ie The'Permdaxpinymat 11:59 (am/pm) 08/30/2015 (/Non1h/Dey/Yeo�. . ' SUMMARY (}F PERMITTED ACTIVITY: �ee��nhadohae����dd�onsdCmmd�onn (see Permittee is aut orized to use and occupy the Premises for a period of one(1)year, not to exceed,August 3D. 2015,for the purpose of operating and maintaining an office and substation for the Collier County‘c,Sheriff Office. Permittee is also authorized to allow four(4) non-governmental third-party communications and/or cellular telephone providers(hmnaineftar^Third'Pahy Providers") to install and maintain telecommunications and/orooUu|mrte|epbonaequipnnentordevimyaonthetnenanoissiuntowerounerdK/situotadunthePmwmimoo. This Permit is for one year only to allow adequate time for Permiftee and the National Park Servics)6 by and through Big Cypress National Preserve, to enter into a long-term lease under Part 18 of Title 36 Cnde of Federal Regulations. Accordingly, in the event the anticipated lease is duly executed before August 30, 2015, this Permit will become null and void on the date of the last signature affixed to the lease. The Person Responsible for the Permittee, i.e.the person who will ensure adherence to the terms and conditions of the Permit is (include contact information): Michael Dowling. 8eal Property Managet, Collier County Government Services. 3335 Tamiami Trail, East, Naples. Florida 34112, phone:239-252'8743 ' 1 Packet -614- � .^�`� � � ` ` '' ' '�` Page .' — � 2/9/2016 16.E.2. Authorizing legislation or other authority: P.L. 100-301 NEPA Compliance: CATEGORICALLY EXCLUDED X EA/FONSI—EIS PEPC# OTHER APPLICATION FEE Received— Not Required X� Amount$ PERFORMANCE BOND: Required Not Required . X Amount$ LIABILITY INSURANCE: Required X Not Required Amoun '. . ; • • • • • - •a'-nt $1.000.000 per Third-Party Provider COST RECOVERY: Required X Not Required Amount$ FACILITY USE FEE: Required Not Required X Amounts LOCATION FEE: Required Not Required X Amount$ ISSUANCE of this Permit is subject to the attached Conditions.The undersigned hereby accepts this Permit subject to the terms, covenants, obligations, and reservations,expressed or implied herein. PERMITTEE Signature Title Date Authorizing NPS Official Signature Superintendent Date Authorizing NPS Official (additional if required) Signature Title Date Approved as to form and legality ATTEST: DWIGHT E. BROCK,Clerk Assistant County Attorney bCONDITIONS OF THIS PERMIT By: 1. The Permittee is prohibited from giving false information; to do so will be considered a breach of the conditions of this Permit and be grounds for revocation: [36 CFR 2.32(a)(3)]. 2. The Permittee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms and conditions of this Permit. Failure to do so may result in the immediate suspension of the permitted activity or the termination of the Permit. Packet Page-615- 2/9/2016 16.E.2. 3. If any provision of this Permit shall be found to be invalid or unenforceable, the remainder of this Permit shall not be affected and the other provisions of this Permit shall be valid and be enforced to the fullest extent permitted by law. 4. The Permittee is responsible for making all necessary contacts and arrangements with other Federal, State, and local agencies to secure required inspections, permits, licenses, etc. 5. Failure to comply with any of the terms and conditions of this Permit may result in the suspension or revocation of the Permit. 6. Permittee will reimburse NPS for cleanup or repair of damages to the Premises,whether damages are caused by Permittee or its Third-Party Providers, required to be made by NPS staff or contractor,in conjunction with a terminated or expired Permit. 7. This Permit may be revoked at the discretion of the Superintendent upon 24 hours notice, or without notice if damage to Area resources or facilities occurs or is threatened, notwithstanding any other term or condition of the Permit to the contrary. 8. This Permit is made upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever,whether to the person or property of the Permittee, its agents or employees, or third parties, from any cause or causes whatsoever in or upon the Premises or any part thereof during the term of this Permit or occasioned by any occupancy or use of the Premises or any activity carried on by the Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities,claims, suits or losses however occurring or damages growing out of the same. 9. Permittee is a unit of government and is not required to carry general liability insurance against claims occasioned by the action or omissions of the Permittee, its agents and employees in carrying out the activities and operations authorized by this Permit. Notwithstanding this Permittee will require each of its Third-Party Providers to have in force for the term of this Permit, or until such time as any Third-Party Provider ceases operations on and removes its equipment from the Premises, general liability insurance against claims occasioned by the actions or omissions of the Third-Party Providers, their agents and employees in carrying out the activities and operations authorized by this Permit. Each Third- Party Provider's policy of general liability insurance shall be in the amount of$1,000,000 and underwritten by a United States company naming the United States of America as additionally insured. The Permittee agrees to provide the Superintendent with a Certificate of Insurance from each of its Third-Party Providers,with the proper endorsements, prior to the beginning date of the Permit. 10.Permittee agrees to deposit with the Superintendent a bond in the amount of$ NIA from an authorized bonding company or in the form of cash or cash equivalent, to guarantee that all financial obligations of the Permittee for the conduct of the permitted activity will be met, regardless of the party or entity to whom the financial obligation may be owed, including but 3 Packet Page -616- 2/9/2016 16.E.2. not limited to the restoration and rehabilitation of the Premises as may be authorized in this Permit. 11.Costs incurred by the Preserve as a result of accepting and processing the application and managing and monitoring the permitted activity authorized in this Permit will be reimbursed by the Permittee. Administrative costs and estimated costs for activities on site must be paid when the Permit is approved. If any additional costs are incurred by the Preserve, the Permittee will be billed at the conclusion of the Permit and payment will be made within a reasonable time. Should the estimated costs paid exceed the actual costs incurred, the difference will be returned to the Permittee upon expiration of the Permit. 12.The Person Responsible for the Permittee, or such other authorized official(s) of the Permittee designated by said responsible person as the on-site representative(s) of the Permittee, must have full authority on behalf of the Permittee to make any decisions about the permitted activity and must remain on the Premises at all times during the conduct of the permitted activity. Such authorized designee shall be responsible for all individuals, groups, vendors, etc., and for the activities of same, involved with the Permit. Permittee shall ensure that its Third-Party Providers comply with and abide by all of the terms of this Permit that are applicable to them, and acceptable written evidence of same, in whatever form or format memorializes Permittee's permission to allow a Third-Party Provider to use the transmission tower, shall be provided to the Superintendent on or before the beginning date of this Permit. 13.The Permittee represents and it is a condition of acceptance of this Permit that, pursuant to 41 U.S.C. 22, "No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon." 14. Nothing herein contained shall be construed as binding the United States,the National Park Service, or the Preserve to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this Permit for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. 15.This Permit may not be transferred or assigned without the prior written consent of the Superintendent. 16. Nothing herein contained shall be construed as creating or conveying a property right or interest, inuring to Permittee, of any renewal, extension or other augmentation to the term of this Permit. 17.The Permittee expressly understands and acknowledges that, in the event the Permittee and the National Park Service enter into a lease involving the leasing, use and occupancy of the Premises by Permittee herein on or before August 31, 2015, this Permit and any renewals hereof shall be terminated and have no further force and effect beginning on the effective date of the lease. 18. The Permittee expressly understands, acknowledges, and agrees that during the term of this Permit, Permittee shall not raze, remove, destroy, or replace, in whole or in part, the 4 Packet Page-617- 2/9/2016 16.E.2. improvements currently situated on the Premises, except that this Permit authorizes and requires Permittee to perform such repairs, construction, maintenance and upkeep necessary to ensure said improvements satisfy applicable health and safety requirements as may be prescribed in this Permit or required by applicable laws, regulations, ordinances or codes. The Permittee shall provide the Superintendent with acceptable evidence confirming that asbestos remediation, performed in accordance with all applicable laws, regulations, codes or ordinances, has been performed and completed on the Premises. 19. The provisions in this Permit are unique to the special circumstances described in the Permit and in the Permittee's application, and they are not intended to be, nor should they be construed as binding representations or precedent for any other permits, leases, contracts, or other agreements entered into by and between the National Park Service and the Permittee or any other parties. 20. During the term of this Permit and subject to the terms and conditions of this Permit, Permittee shall have the authority to permit[#]Third-Party Providers to conduct telecommunications operations on the Premises in the manner and scope of such existing telecommunications operations using the existing telecommunications facilities already situated on the Premises. The permission granted to the Permittee in this Permit, and in particular as intended by this paragraph, is subject to the Park's authority to manage and administer the Premises pursuant to applicable law, regulation, and policy with respect to the telecommunications operations authorized in this paragraph. Specifically, nothing in this Permit shall limit or constrain the Park from exercising its legal authority to block, prevent, cease or restrain any activity with respect to such Third-Party Providers, operations or business activities that are not in the best interest of the Park, or that violate or conflict with applicable law, regulation or policy of the United States, the U.S. Department of the Interior, or the National Park Service. This Permit specifically restricts,the number and nature of such Third-Party Providers and their associated operations to the existing number and nature of same. As a condition of this Permit, the Permittee shall prepare a comprehensive and current list of all existing Third-Party Providers and/or their agents, representatives, managers, sublessees, subpermittees, suboperators, or others acting on their behalf or pursuant to their permission or the permission of Permittee, together with a description of the operations and businesses of same and deliver the list to the Park on or before the beginning date of this Permit. 21. Each and every one of the Third-Party Providers authorized under this Permit to conduct business an the Premises must provide the Superintendent with acceptable evidence of liability insurance as provided in Condition#8 herein and in addition, each and every one of the Third-Party Providers must provide the Superintendent with a written agreement, in a form acceptable to the Superintendent, to indemnify, save and hold harmless the United States and its departments, agencies, bureaus,to include specifically but without limitation the U.S. Department of the Interior and the National Park Service, for the acts and/or omissions of the Third-Party Providers and their agents, employees, representatives and any others acting on their behalf or with their knowledge or consent, with respect to the presence and activities of the Third-Party Providers on the Premises. 5 Packet Page-618- 2/9/2016 16.E.2. SPECIAL USE PERMIT CONDITIONS OF THIS SPECIAL USE PERMIT SPECIAL PARK CONDITIONS Permittee is required to and shall perform corrective action within 90 days of the beginning date of the Permit to correct the deficiencies at the Substation, as noted in the National Park Service inspection report dated June 17,2014 as follows: 1. Electrical panel and electrical system are outdated (installed in 1965) and are not, or may not be in compliance with applicable existing code requirements. Corrective action required: Permittee will have an electrical contractor licensed in the State of Florida, perform an electrical safety inspection of the entire electrical system. Provide a copy of this report to the National Park Service. Permittee will be required to correct any deficiencies that may be noted in the inspection report. 2. Attic area has been sealed, reportedly due to the discovery of asbestos containing insulation above the interior ceilings. Corrective action required: Permittee will have a licensed, qualified asbestos abatement contractor perform an inspection of the attic area (or other areas suspected of containing asbestos or ACM) and provide the National Park Service with a copy of the asbestos abatement report. Permittee will be responsible for remediation of items noted in the report, if such items have not been previously addressed 3. Two (2) above ground fuel storage tanks are located on the Premises in very close proximity to the wetlands (canal). Corrective action required: Permittee will remove the above ground storage tanks and related equipment from the site. 4. Determine septic system condition and compliance with applicable codes and standards. Correcticve action required: Permittee will have a septic system inspector certified in the State of Florida, perform a septic system inspection. The Permittee shall correct or address any deficiencies that may be noted in the report. 6 Packet Page -619- 2/9/2016 16.E.2. Sub lease and Contact Information Collier County Contact of record: Michael Dowling Real Property Manager Collier County Government Services 3335 Tamiami Trail, East Naples, Florida 34112 Current Tower Lessee Josephine Conde Real Estate Manager Verizon Wireless (FCC License# 1020923) 777 Yamato Road, Suite 600 Boca Raton, FL 33431 561.995.5553 Josephine.Conde©VerizonWireless.com Tower Operator: Crown Castle GT Co LLC 2000 Corporate Drive Canonsburg, PA 15317 Notification Contact phone number 1-800-788-7011 Contact of Record: Erica C Thomas Senior Land Transaction Specialist 713-570-3089 Current Tower Residents and Type of Use Collier County Government(Radio Frequency) Term Began: 6/12/1999 Term Ends: 5/31/2015 Harris Corporation (Radio Frequency) Term Began: 5/13/2002 Term Ends: 5/14/2023 AT&T Mobility (New Cingular Wireless) (Cellular/Broadband) Term Began 1/1/2006 Term Ends: 12/31/2046 Verizon Wireless (Cellular/Broadband) Term: 1/31/2014 Term Ends: 9/1/2019 7 glt Packet Page -620- 2/9/2016 16.E.2. Exhibit 1 C _, The lessor does hereby lease to said lessee for the purpose of construction,maintaining,and operating a Florida Highway Patrol Station on the following described property,located and situated in Collier County, Florida,more particularly described as follows,to-wit: Commencing at the Southeast corner of Section 25,Township 52 South,Range 29 East, Tallahassee Meridian,Collier County,Florida,thence S. 89°55' 55"W.along the South line of said Section 25,2711.30 feet to a point on the survey line of State Road No. 29;thence N. 25°27' 17" E.along said survey line 205.84 feet;thence N.29°28'17"E. along said survey line 1417.50 feet to a point, (said point being S.29°28' 17" W. 150.62 feet from the intersection of the survey lines of State Road No. 29 and the Tamiami Trail(U.S.41),thence S 65°20' 31"E. 80.28 feet to a concrete monument marking the point of intersection of the Easterly right-of-way line of State Road No. 29 and the Southerly right-of-way line of the Tamiami Trail(U.S.41); thence continuing S.65°20'31"E. along said Southerly right-of-way 157.00 feet to and THE POINT OF BEGINNING;thence continuing S. 65°20'31"E. along said Southerly right-of-way 70.35 feet to a point of curvature;thence continuing along said southerly right-of-way and the westerly right-of-way of a canal;thence S.24° 38'33"W along the Westerly right-of-wayl 54.88 feet to a point of curvature;thence continuing along said Westerly right-of-way and the arc of a curve to the right with a central angle of 16° 00'00"a radius of 905.37 feet for an arc distance of 905.37 feet;thence N. 65° 20' 31" W. 197.50 feet;thence N.24°39'29"E. 400 feet to THE POINT OF BEGINNING,containing 1.94 acres, more or less. Packet Page -621-