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Agenda 03/10/2015 Item #11G 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 Packet Page -842- 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 Packet Page-843- 3/10/2015 16.C.2. 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 Packet Page-844- 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 t �SY Packet Page -845- 3/10/2015 16.C.2. 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 2 Packet Page-846- 3/10/2015 16.C.2. 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. 3 Packet Page -847- 3/10/2015 16.C.2. 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 4 Cq Packet Page-848- 3/10/2015 16.C.2. 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- 5 (—)" Packet Page-849- 3/10/2015 16.C.2. I 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 6 Packet Page-850- 3/10/2015 16.C.2. 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 7 Packet Page-851- 3/10/2015 16.C.2. 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 8 Packet Page-852- 3/10/2015 16.C.2. i 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. 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