Agenda 07/08/2014 Item #16D 17/8/2014 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve a Revocable Temporary License Agreement with the South Florida
Water Management District for the installation of a rain gauge and associated telemetry equipment
at Freedom Park.
OBJECTIVE: To provide the tools necessary to operate storm water equipment and prevent
flooding.
CONSIDERATIONS: The South Florida Water Management District's ( SFWMD) Big Cypress
Basin Service Center ( BCBSC) maintains rain gauge equipment near the headwaters of the
Gordon River to monitor rainfall for the purpose of informed decision making and operation of
both the primary and secondary flood control systems in the Big Cypress Basin and Collier
County. This equipment has traditionally been located on the grounds of the Conservancy of
Southwest Florida.
The rain gauge was previously located at the Conservancy but was removed so that construction
in the area could be completed without damaging the monitoring equipment. This work is
finished, and BCBSC personnel intended to reinstall the equipment. However, technicians with
BCBSC have been unable to find a suitable location on the Conservancy grounds to place the
rain gauge. Subsequently, BCBSC has approached Collier County Parks and Recreation with a
request to place the gauge and associated telemetry at Freedom Park.
This Revocable Temporary License Agreement will allow a rain gauge and associated telemetry
equipment to be installed on public property at Collier County's Freedom Park (graphics
depicting the selected site and design layout are attached for reference). This equipment replaces a
rain gauge that had been installed on nearby private lands since the 1940's and this is an important
area to continue to monitor for the successful decision making and operation of both the primary
and secondary flood control systems.
FISCAL IMPACT: The SFWMD will invest approximately $5,000 to install the rain gauge,
will cover any recording fees and will be responsible for maintenance costs for perpetuity.
Parks and Recreation won't be responsible for any costs associated with this project.
LEGAL CONSIDERATIONS: This item has been approved for fonn and legality and requires a
majority vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with
this action.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Revocable Temporary License Agreement with the South Florida Water
Management District's Big Cypress Basin for the installation of a rain gauge and associated
telemetry equipment at Freedom Park.
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Prepared By: Natali Betancur, Operations Analyst, Parks and Recreation Department
Attachments: l) License Agreement, 2) Attachment A
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve a Revocable Temporary License Agreement
with the South Florida Water Management District for the installation of a rain gauge and
associated telemetry equipment at Freedom Park.
Meeting Date: 7/8/2014
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Beach & Water
6/10/2014 4:32:12 PM
Submitted by
Title: Director - Parks & Recreation, Parks & Recreation
Name: WilliamsBarry
6/10/2014 4:32:13 PM
Approved By
Name: Washbumllonka
Title: Manager - Park Operations, Parks & Recreation
Date: 6/11 /2014 9:44:21 AM
Name: WilliamsBarry
Title: Director - Parks & Recreation, Parks & Recreation
Date: 6/12/2014 5:03:32 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 6/19/2014 12:47:31 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 6/23/2014 11:15:21 AM
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Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 6/24/2014 9:04:30 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 6/24/2014 10:27:25 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 6/24/2014 11:26:27 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/25/2014 10:22:15 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 5:24:47 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2014 8:03:11 PM
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Project: Freedom Park Rain Gauge
Folio No.: 13800022000
REVOCABLE TEMPORARY LICENSE
This Revocable Temporary License ( "License ") is made this day of
, 2014, by COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112,
its successors and assigns, hereinafter referred to as "Grantor ", in favor of the SOUTH
FLORIDA WATER MANAGEMENT DISTRICT, a government entity existing under
Chapter 373 Florida Statutes, with its principal office at 3301 Gun Club Road, West Palm
Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm
Beach, Florida 33416 -4680, Palm Beach County, and its successors and assigns,
hereinafter referred to as "Grantee ".
WITNESSETH:
That for good, adequate and valuable consideration in hand paid by the Grantee to the
Grantor, the adequacy and receipt of which are hereby acknowledged, the Grantor does
hereby grant, bargain, and convey unto the Grantee a License for any and all purposes
deemed by Grantee to be necessary, convenient, or incident to, or in connection with, the
construction, installation, operation, maintenance, repair, rehabilitation and replacement
of a rain gauge and associated telemetry equipment over, across, under, and beneath the
lands of Grantor, Collier County Freedom Park, as described in Exhibit "A ", which is
attached hereto and made a part hereof, hereinafter referred to as the "Rain Gauge and
Telemetry Area ".
This License is given for any and all purposes deemed by Grantee to be necessary,
convenient, or incident to, or in connection with, access, ingress and egress over, across
and through the Rain Gauge and Telemetry Area, including, but not limited to the right to
move and transport equipment, materials and supplies, in connection with the
construction, installation, operation, maintenance, repair, rehabilitation and replacement
of a rain gauge and associated telemetry equipment and access to the equipment
through Collier County Freedom Park.
Grantee shall be solely responsible for all maintenance and risk of loss associated with
the rain gauge and associated telemetry equipment.
The Grantee acknowledges Grantee's liability to the extent provided and allowed
under Section 768.28, Florida Statutes. Grantee further agrees that, to the extent
provided and . allowed under Section 768.28, Florida Statutes, it shall, at the
Grantee's cost, repair any damage caused to Grantors' property as a result of
Grantee's exercise of its rights hereunder.
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The Rain Gauge and Telemetry Area shall at no time be obstructed by any object which
would in any manner, interfere with the purposes of this License. Grantee shall have the
right, but not the obligation, to improve the Rain Gauge and Telemetry Area as
determined by Grantee in order to insure the full enjoyment of the rights granted to
Grantee herein.
This License shall commence upon recordation of the License in the Public Records of
Collier County, Florida, and shall continue until either Grantor or Grantee delivers at least
sixty (60) days prior written notice to the other party that this License is terminated. In the
event the Grantor requires the Grantee to relocate the rain gauge and associated
telemetry equipment, Grantor shall make reasonable effort to find a suitable replacement
location.
All notices, requests, consents and other communications required or permitted under
this License shall be in writing (including telex and telegraphic communications) and shall
be (as elected by the person giving such notice) hand delivered by messenger or courier
service, telecommunicated, emailed or mailed (airmail if international) by registered or
certified mail (postage prepaid), return receipt requested, or sent by any form of overnight
mail, addressed to:
TO GRANTEE:
Len Lindahl, Assistant Executive Director
South Florida Water Management District
(MAILING ADDRESS.) (OFFICE LOCATION:)
P.O.Box 24680 3301 Gun Club Road
West Palm Beach, Florida 33416 -4680 West Palm Beach, Florida 33406
TO GRANTOR:
Barry Williams, Director
Collier County Government
15000 Livingston Road
Naples, FL 34109
or to such other address as any party may designate by notice complying with the terms
of this Subparagraph. Each such notice shall be deemed delivered (1) on the date
delivered if by personal delivery; (2) on the date emailed if by email; (3) on the date of
transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on
the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed; and
(5) one day after mailing by any form of overnight mail service.
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IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by its Board of County Commissioners acting through its Chairman, the day
and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
C2�
Tom Henning, Chairman
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EXHIBIT "A"
Page l of 2
All that part of Collier County Freedom Park in Section 27, Township 49 South, Range 25 East,
Collier County, Florida described as follows;
All that part of the lands described as the less and except parcel as recorded in Official Records
Book 4103, Page 3415, Collier County, Florida, as graphically depicted on Page 2 of this Exhibit
A.
Said lands shall be used for the construction, maintenance and support of a rain gauge and its
accessories located in the Southwest quarter of said Collier County Freedom Park.
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