Agenda 03/10/2015 Item #16C2 Proposed Agenda Changes
Board of County Commissioners Meeting
March 10,2015
Move Item 16C2 to Item 11G: Recommendation
to approve a licensing Agreement with WCI
Communities, Inc., to allow the use of county-
owned real property on a short-term basis for
temporary access and construction staging.
(Commissioner Henning's request)
Add-On Item 11H: Recommendation to add to the approved Collier County 2015 State Legislative
Priorities a request to support increased funding opportunities from the State of Florida for local water
resource projects. (Staffs request)
Continue Item 16D7 to the March 24,2015 BCC Meeting: Recommendation to approve an after-the-fact
grant application for$516,816 to fund the expansion of the Immokalee Sports Complex Fitness Center
through the FY2015-2016 Housing and Urban Development(HUD)Community Development Block Grant
(CDBG). (Staffs request)
Continue Item 16F3 to the March 24,2015 BCC Meeting: Recommend approval of Tourist Development
Tax Category"B" funding to support the Pro Watercross World Championships September 19-28,2015 up
to$90,500,authorize the Chairman to execute the agreement and make a finding that this expenditure
promotes tourism. (Commissioner Hiller's request)
Note:
Item 16A1: This item is not quasi-judicial and title has been revised to read: This item requires that ex
red to be sworn in. Recommendation to approve an Easement Use Agreement(Agreement)for Lot
12 according to the plat of Candlewood Two as recorded at Plat Book 26,Pages 34 through 35 of the public
records of Collier County. (Staffs request)
Item 16F2: Advisory Board Recommendation portion of Executive Summary should read: The Tourist
Development Council reviewed this item at the May February 23, 2015 meeting and unanimously
recommended approval 6-0. (Staffs request)
Item 16F3: Advisory Board Recommendation portion of Executive Summary should read: The Tourist
Development Council reviewed this item at the May February 23, 2015 meeting and unanimously
recommended approval 6-0. (Staffs request)
3/10/2015 16.C.2.
EXECUTIVE SUMMARY,
Recommendation to approve a licensing Agreement with WCI Communities, Inc., to allow the use
of county-owned real property on a short-term basis for temporary access and construction staging.
OBJECTIVE: Provide a temporary access and staging area on county-owned property for work
associated with a directional bore under Immokalee Road to enable the completion of a stormwater
conveyance and outfall to the Immokalee Road Canal associated with a community known as LaMorada.
CONSIDERATIONS: WCI Communities, Inc., (WCI) owns property located on the south side of
Immokalee Road, east of Woodcrest Drive, under development for the LaMorada community. Its
stormwater permit requires an outfall to the Immokalee Road Canal. A 36-inch directional bore is the
only known feasible means of providing this outfall under Immokalee Road.
To complete the directional bore, equipment needs to be staged at locations on the north side of the
Immokalee Road canal easement, including an area known as "Tract U," which is proximate to the
planned outfall. Tract U, a tract within the Heritage Bay PUD, is owned by the county as a future well
site. The county has no plans to construct a well at that location in the immediate future.
The attached license agreement provides use of Tract U for short-term construction, provides for
restoration to its existing condition, provides appropriate hold harmless, indemnification and insurance
protections, and provides restoration or mitigation of any impacts to Immokalee Road. The license
agreement begins on the date of approval and terminates 12 weeks thereafter.
The attached agreement has been reviewed by the County Attorney, Risk Management, the Public
Utilities Department,Real Property Management and the Growth Management Department.
FISCAL IMPACT: There is no fiscal impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
associated with this action.
RECOMMENDATIONS: That the Board of County Commissioners, Ex-officio the Governing Board
of the Collier County Water-Sewer District, approve and authorize its Chairman to execute the attached
License Agreement for Temporary Access and Construction Staging after final County Attorney review.
Prepared by: Kris Van Lengen, Principal Planner, Public Utilities Planning and Project Management
Division
Attachment: License Agreement for Temporary Access and Construction Staging
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3/10/2015 16.C.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to approve a licensing Agreement with WCI
Communities, Inc.,to allow the use of county-owned real property on a short-term basis for
temporary access and construction staging.
Meeting Date: 3/10/2015
Prepared By
Name: VanLengenKris
Title: Planner,Principal, Public Utilities Engineering
2/18/2015 10:14:49 AM
Approved By
Name: JacobsSusan
Title: Operations Analyst, Wastewater
Date: 2/18/2015 10:32:20 AM
Name: Joseph Bellone
Title: Director-Operations Support,Utilities Finance Operations
Date: 2/18/2015 10:40:47 AM
Name: GossardTravis
Title: Superintendent-Roads &Bridges,Road Maintenance
Date: 2/18/2015 10:43:48 AM
Name: HapkeMargie
Title:Recycling Coordinator, Solid&Hazardous Waste Management
Date: 2/18/2015 10:49:14 AM
Name: ChmelikTom
Title: Director-Public Utilities Engineering,Public Utilities Engineering
Date: 2/18/2015 11:11:33 AM
Name: Steve Messner
Title: Director-Water, Water
Date: 2/18/2015 2:26:16 PM
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Name: JacobsSusan
Title: Operations Analyst,Wastewater
Date: 2/19/2015 10:20:14 AM
Name: YilmazGeorge
Title:Administrator-Public Utilities,Public Utilities Department
Date: 2/24/2015 2:11:07 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/26/2015 11:24:36 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/26/2015 3:04:10 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 2/27/2015 2:26:18 PM
Name: DurhamTim
Title:Executive Manager of Corp Business Ops,
Date: 3/2/2015 1:39:25 PM
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3/10/2015 16.C.2.
LICENSE AGREEMENT FOR TEMPORARY ACCESS AND CONSTRUCTION
STAGING
This License Agreement for Temporary Access and Construction Staging (this
"License Agreement" or this "Agreement") pertaining to real property owned by the
Collier County Water-Sewer District is entered into by and between the Board of Collier
County Commissioners of Collier County, Florida, as Ex Officio the Governing Board of
the Collier County Water-Sewer District(the"Grantor"),and WCI Communities,LLC(the
"Grantee"), a limited liability company organized and existing under the laws of the State
of Delaware, by and through its duly authorized representatives on this day of
,2015.
I.RECITALS
WHEREAS,the Grantor is the owner of property identified as Heritage Bay Tract
U,an unimproved raw water well site,located along the South side of the Immokalee Road
canal in Collier County, Florida, including any adjacent public Right of Way situated
nearby, as depicted and described in the attached Exhibits "A-1" and "A-2" (the
"Property");and
WHEREAS, the Grantee desires to enter into this Agreement to gain temporary
access and entry over the Property for construction staging and to conduct a 36" directional
bore under Immokalee Road so as to make a drainage connection for Grantee's future
residential community known as LaMorada;and
WHEREAS, the Grantor desires to provide the Grantee with access to and
temporary use of the Property by way of a license agreement for purposes of staging
construction equipment,delivery of construction materials,and the ability to conduct a 36"
directional bore under Immokalee Road so as to allow Grantee to make its desired drainage
connection referenced above;and
NOW, THEREFORE,the parties to this License Agreement, in consideration of
the sum of One and 00/100 Dollars ($1.00), paid by Grantee to Grantor upon the mutual
execution and delivery of this Agreement,plus other valuable consideration,the receipt and
sufficiency of which is hereby acknowledged, and in consideration of the covenants
Grantee expresses herein,agree as follows:
The Grantor hereby grants to Grantee its employees, agents, consultants,
contractors, and subcontractors (collectively "Grantee and Agents") responsible for
construction or restoration or any related activity as described herein the license, privilege
and permission (the "License") to access and use during the term set forth below, that
portion of the Property shaded in yellow on the aerial map attached hereto as Exhibit"A-1"
and incorporated herein by reference. The license shall be for the limited purpose of
accessing the construction site,for use as a construction staging area and to construct a 36"
directional bore under Immokalee Road so as to allow Grantee to make a drainage
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connection for Grantee's future residential community known as LaMorada ("Project"),
subject to the terms and limitations set forth below.
This License Agreement shall cease and be terminated at such time as the
Restorations(as defined below)have been accepted by the Grantor in writing,or sooner if
terminated pursuant to Section VIII of this License Agreement.
II. TERM
The term of this Agreement shall be for (insert # of weeks) weeks,
beginning as of the date first set forth above, and concluding when the Restorations (as
defined)have been accepted by the Grantor.
III.DESIGNATION OF PARTIES/REPRESENTATIVES
The Grantor designates Kris Van Lengen, Principal Planner with the Collier
County Public Utilities Division,as its authorized representative to receive communication
on the Grantor's behalf with respect to this Agreement.
Grantee designates its employee, Clark Learning,and Jared R. Brown,P.E.,with
Johnson Engineering,Inc., as its duly authorized representatives to act on Grantee's behalf
with respect to this Agreement.
The Parties may designate a different representative so long as the party notifies
the other.
IV.NO REPRESENTATIONS BY GRANTOR
Grantee represents that the Grantor has made no representations with respect to
the Property or its condition, and that Grantee is not relying on any representations of the
Grantor or the Grantor's agents with respect to the use or condition of the Property. This
License grants Grantee the privilege and permission to use the Property in its present
condition"as is"without any warranties and subject to the conditions set forth herein.
V.RESPONSIBILITIES OF GRANTEE
A Grantee agrees to design and construct, at is sole expense, a construction
staging area for the Project ("Construction Staging Area") and Restorations (as defined
below).The Construction Staging Area and Restorations to take place on the yellow shaded
Property shown in Exhibit"A-l"shall be constructed according to plans and specifications
approved by Grantor prior to commencing construction of the Project. Such approval by
Grantor shall not be unreasonably withheld.
B. Grantee shall, at its sole cost and expense, install and maintain in good
condition a shield or bather around the perimeter of the Construction Staging Area that
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shall be installed pursuant to a plan, approved in advance by the Grantor. Said shield or
barrier will protect the area outside the Construction Staging Area from debris.
C. Grantee agrees to maintain the Construction Staging Area in good
condition at all times keeping it free of trash and other debris,and shall regularly mow and
trim the Construction Staging Area and shield or barrier line, as necessary, to maintain a
neat and orderly condition.
D. Grantee understands and agrees that its temporary use of the Property shall
not at anytime during construction interfere with the public's free and unfettered use of
Immokalee Road.
E. Grantee shall ensure its Agents (as defined on page 1 herein) shall keep
Immokalee Road free from construction debris. Any sediment,rock,mud and other debris
from the project shall be cleaned immediately. As part of its Restorations, Grantee agrees
to repair and restore the Property and any adjacent public streets, curbs, sidewalks, paths,
and other public infrastructure, including existing water, wastewater or IQ water
infrastructure located on the Property or on any adjacent public Right of Ways, to a
condition existing prior to Grantee's Project mobilization.
F. Grantee agrees to timely comply with any reasonable request of Grantor to
perform maintenance and repairs to streets,curbs,sidewalks and other county infrastructure
damaged by Grantee or its Agents in the course of its Project while construction is in
progress. Such maintenance or repair work shall further include any damage caused by
Grantee to any existing water, wastewater or IQ water infrastructure located on the
Property or on any adjacent public Right of Way. This maintenance or repair work shall be
performed to the Grantor's reasonable satisfaction.
G. Grantee agrees to coordinate all construction and construction staging
activity with the Grantor, so as to ensure that normal Grantor operations continue
uninterrupted.
H. Grantee agrees to comply with all Grantor ordinances, State and Federal
laws, and all other rules and regulations regarding permits and approvals related to
construction of the Construction Staging Area and Restorations.
1. Grantee and its Agents shall employ appropriate means and methods to
protect existing trees in the Construction Staging Area from damage. In the event a tree(s)
is damaged or dies as direct result of Grantee and its Agents' actions, Grantee agrees to
reimburse the Grantor for the value of the tree(s), as determined by the Grantor's
horticulture personnel.
J. Grantee shall have the right to deposit tools, implements, and other
materials in the Construction Staging Area and utilize construction, automotive and other
equipment thereon when necessary and as allowed by law.
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K. Grantee shall procure and maintain in full force and effect for the duration
of this Agreement, liability and property damage insurance with a minimum of$1,000,000
(one million dollars)bodily injury, and$1,000,000 (one million dollars) property damage
for each occurrence, and $2,000,000 (two million dollars) comprehensive general liability
insurance. Grantee shall provide a current copy of its policy or policies of insurance, or a
Certificate of Insurance evidencing same,to the Grantor prior to exercising their rights and
duties under this Agreement. The Grantor shall be named as an additional insured on all
policies required by this License Agreement.
Grantee shall require its contractor(s) who are responsible for construction and
Restorations to procure and maintain statutory limits of workers' compensation insurance
coverage, motor vehicle liability insurance, and a minimum of$1,000,000 (one million
dollars)employer's liability insurance for the duration of this Agreement.
L. Grantee and its agents shall take all necessary precautions to prevent
sloughing or erosion on the Property. If such sloughing or erosion occurs, including any
displacement of the land as a direct result of Grantee's use of the Property, Grantee shall
promptly restore the premises, to the reasonable satisfaction of the Grantor; and Grantee
agrees to hold harmless and indemnify the Grantor from and against demands and actions
arising from or growing out of such sloughing or erosion resulting directly as a result of
Grantor's use of the Property, including all reasonable expenses and attorneys' fees
incurred in connection with any of the claims,actions or demands.
M. Grantee agrees that neither Grantee nor any of its agents, contractors,
subcontractors, engineers, or employees shall perform any drilling, digging or perforating
the ground within the Property without first notifying the Grantor 48 hours prior to the
commencement of such activity. Grantee and its agents agree to comply with any and all
laws,ordinances or regulations concerning the construction and the Property whether such
laws,regulations and/or ordinances now exist or shall be enacted or issued during the term
or any extension of this License Agreement.
N. Grantee shall save and hold harmless, protect and indemnify Grantor, its
elected officials,employees and agents,from and against any and all liabilities,obligations,
damages, penalties, claims of any kinds, causes of action, costs, charges and expenses,
including reasonable attorney's fees and expenses,which may be imposed upon or incurred
or served against Grantor, its elected officials, employees or agents by reason of any
occurrence or accident arising out of Grantee and its Agents' use of the Property pursuant
to this License Agreement. In the case of any asserted claim or with respect to any action
or proceeding brought against the Grantor by reason of any such occurrence,Grantee,upon
written notice from the Grantor, shall at Grantee's own cost and expense, promptly resist
and defend such claim or action.Grantee agrees, upon written request, to provide Grantor
with status reports and reasonable information about the pendency, disposition and/or
handling of any such claim,action or proceeding.
0. Grantee shall vacate the Property and perfect the Restorations in
accordance with Section VI as soon as its Grantee and its Agents have completed the
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Project such that the Property is no longer needed.The Property will be timely vacated and
Restoration timely perfected so as to vacate the License herein as soon as practicable. All
expenses related to surveying, preservation and relocation of existing monuments, if any,
shall be borne by Grantee. Grantee agrees that after completion of the Project it will, at its
expense,restore the ground,to the Grantor's reasonable satisfaction and in accordance with
Section VI, to the condition it was in prior to commencement of the Project within a
reasonable time.
VI.RESTORATIONS
A. Grantee shall reseed, fertilize, mulch, and water regularly the Property/
Construction Staging Area until such time as an acceptable strand of vegetation has been
approved by the Grantor.
B. Grantee shall restore damage Grantee and its Agents cause to the Property
and any adjacent public Right of Way, including but not limited to the streets, curbs,
sidewalks, paths, and any other public infrastructure, existing water, wastewater or IQ
water infrastructure located on the Property or on any adjacent public Right of Way in,on
or adjacent to Immokalee Road,to the condition existing prior to Grantee's mobilization of
the Project. As part of its Restorations, Grantee agrees to make all required repairs timely
and to the Grantor's reasonable satisfaction.
C. The Grantor retains the right to inspect construction on the Property and
Restorations,and to exercise its rights or duties in order to protect persons,property or the
public interest respecting the Property.
D. "Restorations"are hereby defined as all items contained in Article V. Sections
E.,F.,I., L. and 0 herein and this Article VI.
VII.PROJECT COSTS AND RESPONSIBILITIES
A. All costs of the Project and Restorations shall be the sole responsibility of
Grantee.
B. Any increase in the actual costs of the Project and Restorations, including
cost increases, change orders and overruns, shall be borne by Grantee. Costs include,but
are not limited to,architectural,engineering,consulting,design,labor,site preparation,site
restoration,materials,supplies, legal fees, utilities, permits, inspections, insurance, and
any other costs incurred in the design and construction of the Project and Restorations.
Grantee shall not be responsible for the Grantor's expenses in administering this
Agreement.
VIII.TERMINATION
A. If any party fails to properly fulfill its obligations under this Agreement in
a timely manner,or if any party violates any of the provisions of this Agreement,the non-
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breaching party shall notify the other party in writing of the specific violations of this
• Agreement.The breaching party shall have five(5)days from receipt of the notice in which
to cure any such violation. If the violation cannot be reasonably cured within said 5-day
period, and the breaching party has diligently pursued such remedy as shall be reasonably
necessary to cure the violation,then the parties may agree in writing to an extension of the
period in which the violation must be cured.
B. If, however, the breaching party has not cured any such violation as
specified in the written notice or any extension within the time provided, then the non-
breaching party, at its sole option, shall have the right to terminate this Agreement. This
termination shall be made by sending written "Notice of Termination" to the breaching
party. This notice of Termination shall be effective for all purposes when deposited in the
United States Mail, postage prepaid and mailed Certified U.S. Mail, Return Receipt
Requested or via nationally recognized overnight carrier service.
C. If Grantee defaults under this Agreement, upon Grantee's receipt of the
Notice of Termination in the manner specified above,the Grantor may assume control and
possession of the Property and Grantee and its agents shall vacate it immediately and
commence the Restorations.
D. The Grantor reserves the right to immediately terminate this Agreement in
the event of an emergency or when necessary,in the Grantor's sole discretion,to protect the
public health,welfare or safety.
IX.MISCELLANEOUS PROVISIONS
A. This Agreement constitutes the entire agreement between the parties
relating to the subject matter of this Agreement. Any previous agreement, assertion,
statement, understanding, or other commitment before the date of this Agreement,
whether written or oral,shall have no force or effect upon the terms and conditions of
this Agreement, except as otherwise provided for and acknowledged.
Notwithstanding the foregoing sentence, nothing in this Agreement shall be
construed or interpreted in such a way as to vacate or amend any certain preexisting
underlying agreements by and between the Grantor and Grantee, all of which certain
preexisting underlying agreements are and shall remain fully performable by the parties,
subject to their terms and conditions. No agreement, assertion, statement, understanding,
or other commitment during the term of this Agreement, or after the term of this
Agreement, shall have any legal force or effect upon the terms and conditions of this
Agreement unless properly executed in writing by the parties.
B. This Agreement is made,and shall be construed and interpreted under by
the laws of the State of Florida,and venue for any suit concerning this Agreement shall rest
in the State and federal courts for Collier County,Florida.
C. Regardless of the actual drafter of this Agreement, this Agreement shall,
in the event of any dispute over its meaning or application, be interpreted fairly and
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reasonably, and neither more strongly for nor against the parties to this Agreement.
D. All official communications and notices required to be made under this
Agreement shall be deemed made if sent United States Mail, postage prepaid and mailed
Certified U.S. Mail, Return Receipt Requested or via nationally recognized overnight
carrier service to the parties at the addresses listed below,unless otherwise specified in this
Agreement:
If to the Grantor: Collier County
Attn:Kris Van Lengen
3339 Tamiami Trail East Suite 301
Naples,Florida 34112
If to Grantee WCI Communities,LLC
Attn:Clark Learning
24301 Walden Center Drive
Bonita Springs,FL 34134
with copy to: Jared R.Brown,P.E.
Johnson Engineering,Inc.
2350 Stanford Court
Naples,Florida 34112
E. The Grantor and Grantee respectively, bind themselves, their successors in
interest, assigns and legal representatives to this Agreement. Grantee shall not assign or
transfer any interest in this Agreement without the prior written consent of the Grantor.
F. Time is of the essence in this Agreement.
X.SEVERABILITY
A. If the final judgment of a court of competent jurisdiction invalidates any part of
this Agreement,then the remaining parts of this Agreement shall remain in full effect.
XI.WAIVER
A. If at any time the Grantor, its successors or assigns, fails to enforce this
Agreement,whether or not any violations of it are known,such failure shall not constitute a
waiver or estoppel of the right to enforce it.
XII.NO RECOURSE
A. No recourse shall be had against any elected official, director, officer,
attorney, agent,or employee of the Grantor,whether in office on the effective date of this
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Agreement or after such date, for any claim based upon this Agreement.
THIS AGREEMENT is made to be effective on the date first written above.
A'FIEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk OF COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk Tim Nance,Chairman
Approved as to form and legality:
/est
Scott R.Teach,
Deputy County Attorney
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WITNESSES: WCI Communities,LLC,a Delaware
', limited liability company
1
iA : l'71'j ay:
Original Signature Paul hardt,Senior Vice President
,� Vt Arrl4..
'+, ed/T .0 v e
O . i .cure
"tooti otr-
Printed/Typed Name
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 11 day of
_b,Ci,AA: , 2015, by Paul Erhardt as Senior Vice President of WCI
Communities,LLC,a Delaware limited liability company,on behalf of the company. He is
personally known to me orI reduced as-identification.
iikis +may Pudgy aw a Florida Notary Pula,State of Florida
it, of My ComnUsion EE 224210
Expires 10/02/20,6 V 11 A4..Gd it i.' r Ac 1 i i C
Printed/Typed or Stamped Name
My Commission Expires: 10 i 1.,->/2-01 to
Commission/Serial No.: -t=- °3:'`i- . 1 c
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