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Agenda 07/07/2015 Item #16C57/7/2015 16.C.5. EXECUTIVE SUMMARY Recommendation to approve a licensing agreement with the District School Board of Collier County to allow the installation of a lightning prediction and warning system on the Pump Station 309 building located on the campus of East Naples Middle School. OBJECTIVE: To enable the District School Board of Collier County (School) to install life and safety equipment on Collier County Water -Sewer District (District) infrastructure to provide better protection to students and citizens. CONSIDERATIONS: On May 27, 1987, a Utility Easement from the School to the District was recorded in O.R. Book 1271, Page 59, for the future construction of Pump Station 309 on School property. Construction of Pump Station 309 was completed in April 1991 and is fully operational. The attached License Agreement provides for the School's contractor to install, maintain and repair the lightning prediction and warning system (System) on the roof of Pump Station 309. The location is ideal as it will allow for an uninterrupted signal free from any obstructions, and is visible from the ball fields and bus loop. The location is within a fenced area. The System will not adversely impact the District's telemetry at this location. The School shall, at its sole cost and expense, restore and repair any and all damage to the District's building, equipment, facilities, and infrastructure and shall terminate immediately upon written notice from the District. The attached agreement was reviewed by the County Attorney, Risk Management Division 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. —JAB 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 the installation of a lightning prediction and warning system on Pump Station 309 located on the campus of East Naples Middle School. Prepared by: Toni A. Mott, Manager, Real Property Management/Facilities Management Division Attachment: License Agreement Packet Page -1285- 7/7/2015 16.C.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.5. Item Summary: Recommendation to approve a licensing agreement with the District School Board of Collier County to allow the installation of a lightning prediction and warning system on the Pump Station 309 building located on the campus of East Naples Middle School. Meeting Date: 7/7/2015 Prepared By Name: Oscar Martinez Title: Project Manager, Senior, Public Utilities Department 6/15/2015 12:07:55 PM Approved By Name: JohnssenBeth Title: Division Director - Wastewater, Public Utilities Department Date: 6/15/2015 12:46:15 PM Name: LinguidiDennis Title: Manager - Facilities, Administrative Services Department Date: 6/15/2015 4:25:44 PM Name: ChmelikTom Title: Division Director - Public Utilities Eng, Public Utilities Department Date: 6/15/2015 5:18:34 PM Name: HapkeMargie Title: Recycling Coordinator, Public Utilities Department Date: 6/16/2015 8:23:03 AM Name: Joseph Bellone Title: Division Director - Operations Support, Public Utilities Department Date: 6/1 6/2015 11:55:57 AM Name: RodriguezDan Title: Division Director - Solid Waste, Public Utilities Department Date: 6/16/2015 2:46:16 PM Packet Page -1286- 7/7/2015 16.C.5. Name: PajerCraig Title: Project Manager, Principal, Public Utilities Department Date: 6/16/2015 4:21:02 PM Name: MottToni Title: Manager - Property Acquisition & Const M, Administrative Services Department Date: 6/16/2015 5:10:26 PM Name: YilmazGeorge Title: Department Head - Public Utilities, Public Utilities Department Date: 6/19/2015 9:23:02 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/22/2015 1:52:35 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 1:54:19 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/25/2015 11:59:26 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/25/2015 1:56:47 PM Packet Page -1287- 7/7/2015 16.C.5. PROJECT: Lightning Prediction and Warning System Located on County Utility Building at East Naples Middle School LICENSE AGREEMENT THIS LICENSE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 2015, by and between BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO, THE GOVERNING BOARD OF COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail' East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Licensor") and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose mailing address is 5775 Osceola Trail, Naples, Florida 34109 (hereinafter referred to as "Licensee "). WITNESSETH: WHEREAS, Licensee has requested that Licensor grant and convey to Licensee a revocable license'' to install, maintain and repair a lightning prediction and warning system unit (the "Unit ") upon the roof of Licensor's Pump Station 309 building located inside the utility compound on the campus of East Naples Middle School (the "Building "); and WHEREAS, Licensor recognizes the benefit to Licensee and the community in providing a lightning prediction and warning system to better protect both students and citizens and desires to convey the license to the Licensee for this stated purpose. NOW, THEREFORE, in consideration of the aforesaid premises, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Licensor hereby grants a revocable license to Licensee, sufficient to allow for the installation, maintenance and repair of the Unit on the roof of the Building for the purpose of providing a lightning prediction and warning system. No drilling shall take place on the roof or the building at any time. 3. Both Licensor and Licensee agree that the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Licensee. Licensee shall not unreasonably interfere with, adversely impact or obstruct Licensor's utility operations. Licensee shall, at its sole cost and expense, restore and repair any and all damage to Licensor's Building, equipment, facilities, infrastructure and other improvements arising as a result of its use of this license. To the extent authorized by Section 768.28, Florida Statutes, Licensee will indemnify and hold Licensor Packet Page -1288- 7/7/2015 16.C.5. harmless from any and all claims, costs and obligations arising from Licensee's use of this license. 4. This license shall terminate immediately upon written notice from the Licensor to the Licensee. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date first above written. AS TO LICENSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney mod - BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER -SEWER DISTRICT BY: Tim Nance, Chairman [Signature Page for Licensee to Follow] License Agreement — Lightning Warning System on County Utility Building a`� Packet Page -1289- 7/7/2015 16.C.5. AS TO LICENSEE: DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA DATED: M Witness (Signature) Name (Print or Type) Kathleen Curatolo, Chair ATTEST: Witness (Signature) Dr. Kamela Patton, Superintendent Name (Print or Type) Approved as to form and legal sufficiency: Jon Fishbane, District General Counsel License Agreement — Lightning Warning System on County Utility Building Packet Page -1290-