Agenda 03/08/2016 Item #16E 1 3/8/2016 16.E.1.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and to approve a License Agreement with South Florida
Water Management District to utilize space within the County-owned communications equipment
shelter on Stockade Road,Immokalee.
OBJECTIVE: To provide South Florida Water Management District (SFWMD) with space within a
County-owned communications equipment shelter on behalf of the Information Technology Division
(IT).
CONSIDERATION: Collier County has a current Land Lease Agreement (Agreement) with Verizon
Wireless for use of County-owned land on Stockade Road, Immokalee, in which a communications tower
was constructed. The terms of the 1995 Agreement allowed the County to occupy space on the tower
and to install an equipment shelter within the leased area without any cost to the County.
South Florida Water Management District (SFWMD) has equipment on Verizon's tower and requires a
location for its ground equipment. The County has room in its equipment shelter at that location and can
accommodate SFWMD. Verizon Wireless has no objection to SWFMD's use of the County's equipment
shelter.
The attached License Agreement (License) provides for a five-year term with two automatic five-year
renewals. There will be no rent charged since this use serves the community. Either party will be allowed
to terminate early by providing the other party with written notice. SFWMD assumes all risks of liability
associated with this License and states that it is self-funded under the limits set forth in Section 768.28,
Florida Statutes.
The Risk Management Department has reviewed the insurance provisions contained in the License and
deemed them to be satisfactory.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners approves the Resolution and the
License Agreement with South Florida Water Management District and authorizes its Chairman to
execute the attached Resolution and License Agreement.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments: License Agreement
Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.1.
Item Summary: Recommendation to adopt a Resolution and to approve a License
Agreement with South Florida Water Management District to utilize space within the County-
owned communications equipment shelter on Stockade Road, Immokalee.
Meeting Date: 3/8/2016
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities Management
2/10/2016 2:31:41 PM
Submitted by
Title: Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
2/10/2016 2:31:43 PM
Approved By
Name: LinguidiDennis
Title: Division Director-Facilities Mgmt,Facilities Management
Date: 2/16/2016 4:43:35 PM
Name: DalyJohn
Title: Manager-Telecommunications,Information Technology
Date: 2/17/2016 7:40:04 AM
Name: MottToni
Title: Manager-Property Acquisition&Const M,Facilities Management
Date: 2/17/2016 12:15:39 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/18/2016 10:51:58 AM
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Name: PriceLen
Title: Department Head-Administrative Svc,Administrative Services Department
Date: 2/23/2016 4:57:10 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 10:13:05 AM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/25/2016 9:21:17 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 4:01:08 PM
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License: #IT - 131
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (license') entered into this day of
, 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.
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ARTICLE 4. Left Blank Intentionally
ARTICLE J. 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 1
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.
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ARTICLE 8. indemnity and Insurance
The LICENSEE assumes any and all risks of personal injury, bodily injury and pruperty damage
attributable to the negligent act or omissions of the LICENSEE and the offlcers, 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. LefI 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 1rusb, waste and refuse shall be stored in closed containers approved by the
LICENSOR.
ARTICLE l |. 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, reo ization, plan or arrangement of bankruptcy.
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(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(fj 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 Aom
and damage by fire or the elements beyond LICENSEE'S control excepted.
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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
LIC EN SOR.
(h) 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.
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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.'
BY:
WITNESS Print name and title:
Print name
WITNESS
Print Name
Licensor's signature appears on the following page.
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AS TO THE LICENSOR:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY: BY:
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney 0$4-i „co
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Exhibit `A'
Stockade Road
Immokalee, Florida
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RESOLUTION No. 2016 -
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 „ 2016 after
motion, second and majority vote.
AfIES.1:
DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: BY:
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio„Assistant County Attorney
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