Agenda 06/23/2015 Item #16E96/23/2015 16.E.9.
EXECUTIVE SUMMARY
Recommendation to approve a licensing agreement with DeAngelis Diamond, LLC, to allow the use
of county -owned real property on a short -term basis for construction vehicle parking.
OBJECTIVE: To provide temporary access to county -owned property to facilitate work associated with
constructing a medical facility on the adjacent parcel.
CONSIDERATIONS: DeAngelis Diamond, LLC (Contractor), is under contract with Naples
Community Hospital, Inc. (NCH), to build a medical facility to be opened in November 2015. To
facilitate the underground site work on the NCH property, the Contractor has requested a 50' x 50' area
on "Tract G," which is adjacent to the NCH property. Tract G, a tract within the Heritage Bay Planned
Unit Development, is owned by Collier County for future governmental facilities. The Collier County
Water -Sewer District ( CCWSD) has a Utility Easement, shown on Attachment A, for a future master
pump station. The CCWSD and Contractor will coordinate site activities to ensure there are no delays to
the master pump station project schedule.
The attached license agreement provides use of Tract G for short-term construction vehicle parking,
provides for restoration to its existing condition, provides appropriate hold harmless, indemnification and
insurance protections, and provides restoration or mitigation of any impacts to Tract G, adjacent public
right -of -way or public infrastructure. The license agreement begins on the date of approval and terminates
no later than August 31, 2015.
The attached agreement has been reviewed by the County Attorney, Risk Management, and the Public
Utilities 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.
RECOMMENDATION: That the Board of County Commissioners, Collier County, Florida and as 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 for construction vehicle
parking.
Prepared By: Toni A. Mott, Manager, Real Property Management /Facilities Management Division
Attachments: License Agreement for Temporary Parking Access
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6/23/2015 16.E.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. E. 16. E. 9.
Item Summary: Recommendation to approve a licensing agreement with DeAngelis
Diamond, LLC, to allow the use of county -owned real property on a short-term basis for
construction vehicle parking.
Meeting Date: 6/23/2015
Prepared By
Name: MottToni
Title: Manager - Property Acquisition & Const M, Administrative Services Department
6/3/2015 8:38:31 AM
Submitted by
Title: Manager - Property Acquisition & Const M, Administrative Services Department
Name: MottToni
6/3/2015 8:38:32 AM
Approved By
Name: LinguidiDennis
Title: Manager - Facilities, Administrative Services Department
Date: 6/3/2015 9:41:33 AM
Name: PajerCraig
Title: Project Manager, Principal, Public Utilities Department
Date: 6/3/2015 10:01:17 AM
Name: Joseph Bellone
Title: Division Director - Operations Support, Public Utilities Department
Date: 6/3/2015 10:04:13 AM
Name: ChmelikTom
Title: Division Director - Public Utilities Eng, Public Utilities Department
Date: 6/3/2015 11:34:35 AM
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Name: TeachScott
6/23/2015 16.E.9.
Title: Deputy County Attorney, County Attorney
Date: 6/3/2015 11:40:39 AM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 6/4/2015 6:22:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/5/2015 10:35:10 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/9/2015 11:57:05 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/12/2015 10:54:35 AM
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6/23/2015 16.E.9.
LICENSE AGREEMENT FOR TEMPORARY PARKING ACCESS
This License Agreement for Temporary Parking Access (this "License
Agreement" or this "Agreement ") pertaining to real property interests possessed by the
Collier County Water -Sewer District (the "District ") and the Collier County Board of
County Commissioners (the `Board "), 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 and as the Board (collectively, the "Grantors ")
and DeAngelis Diamond Construction, LLC (the "Grantee "), a limited liability company
organized and existing under the laws of the State of Florida, by and through its duly
authorized representatives on this 140' day of April, 2015.
I. RECITALS
WHEREAS, Heritage Bay Commons, Tract G, was dedicated to Collier County
via Plat Dedication as memorialized in Book 43, Pages- 46 -52, of the Public Records of
Collier County, Florida, as depicted and described in attached Exhibit "A;" and
WHEREAS, the District has an existing 150' x 150' Utility Easement in the
southwest corner of Tract G, as depicted and described in attached Exhibit "B," and is in
the process of preparing an expansion of that Utility Easement in that area for a future
Master Pump Station; and
WHEREAS, the Grantee is under contract with Naples Community Hospital, Inc.
( "NCH "), to build a medical facility on the parcel to the South of Tract G and have
requested a 50' x 50' area on Grantor's property, as depicted and described in attached
Exhibit "A," so it can fence off that area for construction parking while conducting its
underground site work on the adjacent parcel; and
WHEREAS, the Grantee desires to enter into this Agreement to gain temporary
access and entry onto Tract G for construction parking for a period to extend to no later
than August 3111, 2015; and
WHEREAS, the Grantor desires to provide the Grantee with access to and
temporary use of Tract G by way of a license agreement for the limited purpose of parking
construction vehicles on that parcel during its construction of the above - mentioned NCH
medical facility; 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:
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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 Tract G as depicted and described in Exhibit "A" and incorporated herein by
reference. The license shall be for the limited purpose of parking construction vehicles on
that parcel during its construction of the above- mentioned NCH medical facility (the
"Project "), subject to the terms and limitations set forth below.
This License Agreement shall cease and be terminated by no later than August 31,
2015 or 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 commence on April 14, 2015 and conclude
when the Restorations (as defined herein) have been accepted by the Grantor.
Notwithstanding that the Agreement terminates upon acceptance of the Restorations, the
Grantee shall cease parking on Tract G no later than August 31, 2015.
III. DESIGNATION OF PARTIES / REPRESENTATIVES
The Grantor designates Toni Mott, Real Property Manager with the Collier
County Facilities Management Department, or Craig Pajer, Principle Project Manager with
Collier County Public Utilities as its authorized representatives to receive communication
on the Grantor's behalf with respect to this Agreement.
Grantee designates its employee, Michael A. Mick, Project Manager with
DeAngelis Diamond, LLC., as its duly authorized representatives to act on Grantee's behalf
with respect to this Agreement.
the other. The Parties may designate a different representative so long as the party notifies
IV. NO REPRESENTATIONS BY GRANTOR
Grantee represents that the Grantor has made no representations with respect to
Tract G 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 Tract G. This
License grants Grantee the privilege and permission to use Tract G in its present condition
"as is" without any warranties and subject to the conditions set forth herein.
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V. RESPONSIBILITIES OF GRANTEE
A. Grantee agrees to design and fence off, at its sole expense, that portion of
Tract G that it will use to park vehicles during the Project (the "Parking Area ") and during
subsequent Restorations (as defined below) to Tract G. The Parking Area and Restorations
to take place on the yellow shaded area depicted on Exhibit "A -1" shall be approved by
Grantor prior to Grantee commencing 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 fence, shield or barrier around the perimeter of the Parking Area that shall be
installed pursuant to a plan, approved in advance by the Grantor. Said fence, shield or
barrier will identify and restrict the parking area of Grantee's vehicles to that portion of
Tract G.
C. Grantee agrees to maintain the Parking Area in good condition at all times
keeping it free of trash and all other kinds of debris, and shall regularly mow and trim the
Parking Area as necessary, to maintain a neat and orderly condition.
D. Grantee understands and agrees that its temporary use of Tract G shall not
at anytime during construction interfere with the public's free and unfettered use of any
adjacent roadways.
E. As part of its Restorations, Grantee agrees to repair and restore Tract G
and any adjacent public streets, curbs, sidewalks, paths, and other public infrastructure,
including existing water, wastewater or IQ water infrastructure located on Tract G. 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 in the course of its Project. Such maintenance or repair work shall
further include any damage caused by Grantee to any existing water, wastewater or IQ
water infrastructure located on Tract G or that may be caused by Grantee and its vehicles
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 activity on Tract G with 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 the
Parking Area and Restorations whether such laws, regulations and/or ordinances now exist
or shall be enacted or issued during the term of this License Agreement.
I. Grantee and its Agents shall employ appropriate means and methods to
protect existing trees in the Parking Area from damage. In the event a tree(s) is damaged
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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 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) 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.
K. Grantee and its agents shall take all necessary precautions to prevent
sloughing or erosion on Tract G. If such sloughing or erosion occurs, including any
displacement of the land as a direct result of Grantee's use of Tract G, 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
Grantee's use of the Tract G, including all reasonable expenses and attorneys' fees incurred
in connection with any of the claims, actions or demands.
L. 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 Tract G 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.
M. Grantee shall vacate Tract G and perfect the Restorations in accordance
with Section VI as soon as Grantee and its Agents have completed the Project such that
Tract G is no longer needed. Tract G 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
El
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the condition it was in prior to commencement of the Project within a reasonable time.
VI. RESTORATIONS
A. Grantee shall return the Tract G / the Parking Area to Grantor in at least
the same condition in which the property existed immediately prior to Grantee's use.
B. Grantee shall restore damage Grantee and its Agents cause to Tract G 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 Tract G or on any adjacent public Right of Way in, 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 the fenced off construction parking
area onTract G and Restorations, and to exercise its rights or duties in order to protect
persons, property or the public interest respecting Tract G.
D. "Restorations" are hereby defined as all items contained in Article V. Sections
E., F., I., K and M 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-
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.
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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 Tract G 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 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
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
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Agreement:
6/23/2015 16.E.9.
If to the Grantor: Collier County
Attn: Toni Mott
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
Collier County Public Utilities
Att: Craig Pajer
3339 Tamiami Trail East, Suite 201
Naples, Florida 34112
If to Grantee DeAngelis Diamond Construction, LLC
Attn: Michael A. Mick
6635 Willow Park Drive
Naples, FL 34109
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.
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
Agreement or after such date, for any claim based upon this Agreement.
7
6
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6/23/2015 16.E.9.
THIS AGREEMENT is made to be effective on the date first written above.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA AND AS EX
OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER -SEWER
DISTRICT
ATTEST:
DWIGHT E. BROCK, Clerk By.
w
, Deputy Clerk
ved as to form and legality:
cott R. Teach,
Deputy County Attorney
Tim Nance, Chairman
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WITNESSES:
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Jr—
Original ignature
Printed/Typed Name
Ori #al Signature
D v
Printed/T Name
STATE OF FLORIDA
COUNTY OF COLLIER
DeAngelis Diamond Construction, LLC
' /
'" • ry�r►
6/23/2015 16.E.9.
The foregoing instrument was acknowledged before me this � day of
2015, by John M. DeAngelis of DeAngelis Diamond
Construct' n, LLC, a Florida limited Iiability company, on behalf of the company. He is
personally known to me or has produced as identification.
No ublic, State f F orida
Printed/Typed or Stamped Name
My Commission Expires:
Commission/Serial No.: t'1
=SHEILAHK H K. MATURO .♦�pNV "�o�ic - S1ate of Flo rida xpires Mar 3, 2016 rF_ on # EE 172486 h National Notary Assn.
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Exhibit `A'
Temporary Parking Access
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A PARCEL OF LAND SITUATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF TRACT 'G' OF 'HERITAGE BAY COMMONS', A SLWVMN AS RECORDED
IN PLAT BOOK 43. PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A POINT OF
E BEGINNING AND RUN NORTH 00'50'35' WEST ALONG THE WEST LINE OF SAID TRACT 'G', A DISTANCE OF 15O.D0
FEET: THENCE RUN NORTH 90'00'04' EAST, A DISTANCE OF 150.00 FEET, THENCE RUN SOUTH 00'50'35' EAST. A
2 DISTANCE OF 150-00 FEET TO AN INIERWCTION WITH THE SOUTH LINE OF SAID TRACT 'G "; THENCE RUN SOUTH
90'00'00' WEST ALONG SAID SOUTH UNE. A DISTANCE OF 150.00 FEET TO THE SAID POINT OF BEGINNING
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SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
$ CONTAINING 22,497.56 SQUARE FEET OR Q516 ACRES OF LAND, MORE OR LESS.
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DOTES:
1. THIS IS NOT A SURVEY. SURVEYOR'S CERTIFICATION:
2, BEARINGS ARE BASED ON THE PLAT OF
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���NAPLES. FLORIDA 34112
SKETCH AND DESCRIP'T ION
PHONE (234) 434 -0333
FAX (239) 434 -9320
ENGINEERING
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