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Agenda 05/10/2016 Item #16D 75/10/2016 16.D.7. EXECUTIVE SUMMARY Recommendation to approve the conveyance of a Grant of Utility Easement to Comcast of Colorado; Florida; Michigan; New Mexico; Pennsylvania; Washington, LLC, a subsidiary of Comcast Cable Communications, LLC, to provide cable connections for "Xfmity" high speed internet service within the Marco Island Historical Museum. OBJECTIVE: To provide "Xfinity" high speed internet service to the Marco Island Historical Society which has its offices inside the Marci Island Historical Museum. CONSIDERATIONS: In order for Comcast to provide communications equipment to the Marco Island Historical Museum, it will be necessary to execute and record the attached conveyance of a Grant of Utility Easement to Comcast Cable Communications Management, LLC (hereinafter referred to as "Comcast"). The Grant of Utility Easement comprises a total of 3,805 square feet, more or less, as shown and described on Exhibit "A" of the Grant of Utility Easement. The Grant of Utility Easement has been reviewed and approved by Marco Island Historical Museum staff. FISCAL IMPACT: Recording costs shall not exceed twenty ($20.00) dollars and will be paid from Fund 198. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote for approval. — JAB GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the attached Grant of Utility Easement, authorizes the Chairman to execute the Grant of Utility Easement, and directs the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the Grant of Utility Easement in the Public Records of Collier County, Florida. Prepared By: Deborah Goodaker, Property Acquisition Specialist; Facilities Management Division Attachment: Grant of Utility Easement le� Packet Page -833- 5/10/2016 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve the conveyance of a Grant of Utility Easement to Comcast of Colorado/Florida/Michigan/New Mexico/Pennsylvania/Washington, LLC, a subsidiary of Comcast Cable Communications, LLC, to provide cable connections for "Xfinity" high speed internet service within the Marco Island Historical Museum. Meeting Date: 5/10/2016 Prepared By Name: MottToni Title: Manager - Property Acquisition & Const M, Facilities Management 4/22/2016 2:56:55 PM Submitted by Title: Property Acquisition Specialist, Facilities Management Name: GoodakerDeborah 4/22/2016 2:56:56 PM Approved By Name: LinguidiDennis Title: Division Director - Facilities Mgmt, Facilities Management Date: 4/22/2016 3:23:57 PM Name: MottToni Title: Manager - Property Acquisition & Const M, Facilities Management Date: 4/25/2016 9:34:53 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 4/25/2016 9:40:04 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 4/25/2016 11:13:59 AM Packet Page -834- 5/10/2016 16.D.7. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/26/2016 8:25:44 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 4/26/2016 3:06:17 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/28/2016 10:43:23 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 4/29/2016 10:20:34 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/30/2016 11:23:45 AM Packet Page -835- 5/10/2016 16.D.7. PROJECT: Marco Island Historical Museum Internet Service with Comcast PARCEL: 57640160007 GRANT OF UTILITY EASEMENT This GRANT OF UTILITY EASEMENT (the "Easement") made and executed this day of , 2016, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTOR and Comcast of Colorado/Florida/Michigan/New Mexico/ Penn sylvania/Washington, LLC, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non exclusive easement for the purpose of installing, constructing, replacing, maintaining, repairing, operating, inspecting and removing, at Comcast's sole option and expense, certain wires, cables, conduit, lock -boxes, building entrance facilities, and other appurtenant fixtures and equipment (the "Facilities") over, under, across, and along the property as more particularly described on Exhibit "A" attached hereto and made a part hereof, as recorded in OR Book 4589 Page 408 et. seq. TO HAVE AND TO HOLD the Easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this Easement agrees for itself, its successors and assigns, to _ maintain said Easement and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the property over which said Easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to GRANTEE'S, construction, maintenance and repair. In the event GRANTEE, in its sole discretion, determines that GRANTEE no longer needs the Easement, GRANTEE may relinquish the rights granted to it under by quit -claiming GRANTEE'S interest in the Easement to GRANTOR. Upon such relinquishment, GRANTEE may, at its option, leave in place all underground Facilities installed on the Easement, or may remove the same and repair and restore any damage to the Easement caused by such removal. GRANTOR shall indemnify, defend, and hold GRANTEE, its parents, subsidiaries, affiliates, directors, officers and employees harmless from and against any liabilities, claims, damages, costs, losses, or expenses arising out of or related to GRANTOR'S (i) use of the Easement by it or its agents, employees, contractors, licensees, and invitees; (ii) negligent or willful act or omission; (iii) failure to comply with the terms of this Easement; or (iv) interference with GRANTEE'S use and enjoyment of the Easement. Subject to the limitations set forth in Section 768.28, Florida Statutes and to the extent that such limitations are applicable to this Easement, GRANTEE shall indemnify, defend and hold GRANTOR harmless from and against any liability, claims, damages, costs, losses, or expenses arising out of or related to GRANTEE'S (i) interference with GRANTOR'S use and enjoyment of the Easement, except as permitted herein; (ii) negligent or willful act or omission; or (iii) failure to comply with the terms of this Easement. GRANTEE shall have access to the Easement during normal business hours and at all times during emergencies. Packet Page -836- 0 5/10/2016 16.D.7. All notices, demands, requests or other communications given under this Easement shall be in writing and be given by certified mail, return receipt requested, or by a nationally recognized overnight courier service to the address set forth below or as may subsequently in writing requested. If to the GRANTOR: Collier Real Property Management 3335 Tamiami Trail East Naples, FL 34112 If to the GRANTEE: Comcast Cable Communications Management, LLC 789 International Pkwy Sunrise, FL 33323 Attn.: Business Services With a copy to: Comcast Cable Communications, LLC One Comcast Center 1701 JFK Blvd. Philadelphia, PA 19103-2838 Attn: General Counsel This Easement may be amended, revised, waived, discharged, released or terminated only by a written instrument executed by both parties hereto. All of the provisions of this Agreement shall be binding upon and inure to the benefit of GRANTOR, GRANTEE and their respective successors and assigns. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Donna Fiala, Chairman Approved as to form and legality JENNIFER BELPEDIO, Asst. County Attorney Packet Page -837- 5/10/2016 16.D.7. fttnks Engineering EXHIBIT Professional Engineers, Planners S Lend Surveyors PAGE1 Q_EZ 10511 Six Mlle cypress Parkway Fort Myeres, Florida 33966 (239)939-5490 Fax (239) 939-2523 Engineering License No, EB 6469 4 Surveying License No. LB 6690 DESCRIPTION OFA PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 52 SOUTH, RANGE 26 EAST CITY OF MARCO ISLAND, COLLIER COUNTY, FLORIDA (MARCO ISLAND HISTORICAL MUSEUM 16' WIDE LEE COUNTY ELECTRIC COOPERATIVE EASEMENT) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, CITY OF MARCO ISLAND, LYING IN SECTION 17, TOWNSHIP 52 SOUTH, RANGE 26 EAST, LYING OVER A PART OF TRACT •T)", MARCO BEACH UNCI SEVEN, RECORDED IN PLAT BOOK 6 AT PAGES 55 THROUGH 62 OF THE COLLIER COUNTY PUBLIC RECORDS, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY CORNER pESAtD TRCCC D"; THENCE N.60"32'05"E. ALONG THE NORTHWESTERLY LINE OF SAID T 0 �PE1+T TO THE POINT OF BEGINNING; TIiENCE CONTINUE 34.60°32'057- 2(a LINE FOR 16.57 FEET; THENCE S.14"2621"E. FOR 70.09 FEfiT; b/F X0°2448"E. F THENCEN.29'2T49"W. FOR .60"3 R 40.73 FEET; 0024'48"EEET 7.28 FEET; THENCE 34. FOR 66.33 F; THENCE S.29'24'S4"E FO FEET; THENCE S.50'24'48 F 64.87 FEET; THENCE S.6V3T43'W. R26.15 2.64 FEET 7iiENCE S.7 33'3 749"E. FO i N 14°26 "W. OR 6.39 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS BEARINGSARE BASED L9� {ihls BEA ITl l'✓ DESCRIPITONPREP .� 9, 2010. RICHARD M. RITZ i�; REGISTERED LAND SURVEYOR L; FLORIDA CERTIFICATION NO. SHE= 10F2 �--. S'UcDsR4rri24941Survcrie tDnctiatims12494 LCEC Mr—doc Sar to ofnce Cort Charlotte Otlice 1144Ta11evut Road, Suite 105 12653 SWCR769,Suite B Sarasota, Florid# 34243 Lake Suzy, Florida 34269 (941) 360.1616 (941) 625•1165 Fu (941)360.6911 Faz(941)625.1149 Packet Page -838- CN! . 5/10/2016 16.D.7. (BR COgg � � -4-gg 061990 E3,091505 191' R not A l ` J,WWI < E~ o y7�O$a iia ou ce. �*+ o0 T- 11 V ell �A.X A/l _ Packet Page-839-