Agenda 04/13/2010 Item #16D 3
Agenda Item No, 16D3
April 13, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to authorize the conveyance of a Revocable Temporary License to the
Lee County Electric Cooperative, Inc. for the installation of electric facilities to provide
electric service for the Goodland Boat Park located at 750 Palm Point Drive, Goodland
Florida, at a cost not to exceed $60.00.
OBJECTIVE: To receive authorization from the Board of County Commissioners to convey a
Revocable Temporary License (License) to the Lee County Electric Cooperative, Inc, (LCEC) to
install electric facilities for the purpose of providing electric service to the Goodland Boat Park
which is located at 750 Palm Point Drive, Goodland, Florida,
CONSIDERATIONS: On February 10, 2009, the Board of County Commissioners approved the
award of Contract #09-5169 for the construction of the Goodland Boat Park Project #80611,11,
The project is currently under construction which includes constructing a public boat ramp, dock
master facility, restrooms, picnic pavilion, bait tanks, fishing piers, 28 wet slips, accessory docks,
observation platforms and park amenities, To date, the project has reached an 85% completion
rate and is scheduled to be completed by late May 2010, However, in order to achieve this
objective, establishing permanent electrical services to the project is an important component for
completion,
In order to supply the Goodland Boat Park with electric service, LCEC requires the use of County-
owned property for the purpose of constructing, operating and maintaining utilities, including but
not limited to, distribution lines and other related equipment for supplying electric power, over and
through the property, A Location Map showing the subject property is attached,
LCEC is asking for a Revocable Temporary License to allow them access to the County-owned
property to complete the construction of the aforementioned facilities, Upon completion of
construction, a permanent easement will be granted to LCEC for operating and maintaining the
aforementioned facilities,
FISCAL IMPACT: The total cost will not exceed $60,00 for the recording of the License and the
Permanent Easement Funds are available in the Park Impact Fee Fund 346 in the Goodland
Boat project 80611 ,
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan,
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient-JBW,
RECOMMENDATION: That the Board of County Commissioners: A) authorizes the conveyance
of the License, authorizes the Chairman to execute the License, and directs the County Manager
or his designee to proceed to follow all appropriate closing procedures and to record the License
in the Public Records of Collier County, Florida; and B) authorizes the conveyance of the
Permanent Easement using the County standard form once reviewed and approved by the
County Attorney's Office, authorizes the Chairman to execute the Permanent Easement, and
directs the County Manager or his designee to proceed to follow all appropriate closing
procedures and to record the Permanent Easement in the Public Records of Collier County,
Florida,
Agenda Item No, 1603
April 13, 2010
Page 2 of 8
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management,
Department of Facilities Management
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16D3
April 13, 2010
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1603
Recommendation to authorize the conveyance of a Revocable Temporary License to the Lee
County Electric Cooperative, Inc, for the installation of electric facilities to provide electric
service for the Goodiand Boat Park located at 750 Palm Point Drive, Goodland Florida, at a
cost not to exceed $60,
4/13/2010 9:00:00 AM
Property Acquisition Specialist
Date
Prepared By
Jason Bires
Administrative Services
Division
Facilities Management
3/26/2010 12:59:56 PM
Approved By
Project Manager
Date
Clinton Perryman
Public Services Division
Coastal Zone Management
3126120102:14 PM
Date
Approved By
Toni A. Matt
Administrative Services
Division
Manager ~ Property Acquisition & Const
M
Facilities Management
3/26120105:27 PM
Approved By
Administrator w Public Services
Date
Marla Ramsey
Public Services Division
Public Services Division
3129/201010:27 AM
Director - Coastal Management Programs
Date
Approved By
Gary McAlpin
Public Services Division
Coastal Zone Management
3/29/201010:59 AM
Director w Facilities Management
Date
Approved By
Skip Camp, C,F,M,
Administrative Services
Division
Facilities Management
3/29/20101:36 PM
Assistant County Attorney
Date
Approved By
Jennifer White
County Attorney
County Attorney
3129/20104:15 PM
County Attorney
Date
Approved By
Jeff Klatzkow
3130/20109:06 AM
Approved By
OMB Coordinator
County Manager's Office
Agenda Item No. 1603
April 13, 2010
Page 4 of 8
Date
Office of Management & Budget
3/30/20102:14 PM
Date
Approved By
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
4/2/20109:03 AM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
4/6/20109:56 AM
Agenda Item No, 16D3
April 13 2010
Page 5 of 8
REVOCABLE TEMPORARY LICENSE
This REVOCABLE TEMPORARY LICENSE entered into this _ day of
,2010 by and l1etween COLLIER COUNTY, a political .ubdi,'ision of tl1. State
~ whose mailing address is 3301 Tamiami Trail. East, Naples, FL 34112 (hereinafter
referred to llS "County"), and LEE COmITY ELECTRlC COOPERATIVE, INC" a Ftorida
Don*profit corporation, whose mailing address is Post Office Box 3455, North Fort Myers, FL
33918 (hereinafter referred to as "LCEC'), appro,111g the use of COllnty-owned property for the
purpose of constructing utility facilities.
WHEREAS, LCEC requires the use of County-owned property f", the purpose of
constructing, operating, and maintaining utilities, including but not limited to, distribution lines
and other related equipment for fiber optic telecommW1ications and television purposes, over and
through the property described as follows, to wit;
SEE EXHffilT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
WHEREAS. the COUNTY is willing to approve tbe use oflhe Property for such
purposes;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. The COUNTY herein approve" for Ten Dollars ($10.00) and other valuahle
considerations. the use of the Propert)' for the purpose of constructing, operating and maintaining
utilities, including but not limited la, distribution lines and other related equipment for fiber optic
telecommunications and television purposes, over and through the properlY as more particularly
described above. hereinafter referred to as "Property".
2. The approval of the use of the Property by LCEC shall expire upon grant of a permanent
Utility Easement.
3. Upon completion afthe construction of the utility facilities on the property. a pennanent
Utility Easement wilt be granted to LeEC for the 16 foot SITip of land wherein the utility
facilities are located. The original, signed IIDd sealed sketch and description of the easement area
shall be prepared by a licensed Florida surveyor and will be provided to LCEC at no cost to
LCEC. Upon the completion of construction, LCEC shall restore the surface of the propC'rty to
its original condition.
4. This Revocable Temporary License shall be administered on behalf of the COUNTY by
and through the Collier County Real Property Management Section.
5, LCEC, to the extent permitted by law, and us limited by Section 768.28, F.S"shall
indeITlllify, save~ protect and hold harmless COL'NTY 8g"ainst nny damages and claims arising by
reason of LCECs utilit)' installations or the operation of same.
6. LCEC covenants and agrees not to assign this Revocable Temporary License or lo permit
any other persons to occupy same without the written consent of COL'NTY.
7. The COUNTY and LCEC specifically agree that this Agreement represents a license for
LCEC's use of the property and does not convey an)' c.'nate in the Property or create any intcfC.st
whatsoever,
Agenda Item No, h 603
April 13, 2010
Page of8
IN WI1NESS WHEREOF, the parties hereto have made and executed this Revocable
Temporary License as of the day and year first above written.
ATTEST,
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORJDA
, Deputy
BY,
Fred W. Coyle, Chairman
Approved as to legal form
and sufficiency:
~w~
Je 1 er B. White
Assistant County A[tom~y
n
Agenda Item No, 16D3
April 13, 2010
tit OR: 2972 PG: 2969*** Page 7 of 8
EXHIBITHA"
A percel of III1d being a portion of Tracl I, a8 shown on bul nol a part df the
Plat of Ooodland 111ea Second Addition, II recorded in Plat Book 8, Pqe
19, of the Public Recorda of Collier County, Florida, mon: p.mcularly
described .. folldWI:
Beginning al the southeasterly comer of Lot 33, Block F of said Goodland
lales Scc:ond Addition; thence S IS' 11' 20" E 390.48 feel; Ihmce S 72' IS'
19" B 128.00 feet;lhcnce S 13' '0' 44" E 180.00 feel to the lIOutherly
boundary line of said 'J)aCI 1 i thence 28.70 feel along the arc df a circular
curve oOncavelO the nordlwest, radiua of 100.00 feet, chord bearing N S I'
23' IS" I! 28.60 feet: thence N 43' 10' 00" B 2'0.00 feel; thence N 12' 20'
20" B 381.83 feet; thence 87.47 feel along the are of a circular curve
c:oncave 10 the southweal, radhli of '0.00 feel, chord bearing N 37' 46'
41.5" W 76.74 fcel; thence N 8t'.5)!~ 66.88 fcel: thence 162.41 feet
alODglhean: ofa circular c ~.. ~utbeul, radius orl36'.08
feet, cbord bearing S 81r,.'O W 162i1 '~hence S 8S' 17' 17" W
201.'2 feet; thence N }S" 43" W 87.42 feet the-southerly right-or-way
line of Palm AYenutlr.~,1'f1J'\W 10. 8 \cot; thence S 74' 49'
12" W 60.08 f..llo/th .~ 13r' Block F; thence S
18' 12' 43" Il 96."/f.. I t u l' spid 0133, Block F and
the Place ofbealnnl~Ifl' , t
Parcol contaitlll S.22 ~~ or less, -1J."k.) (SJ
Beminp II'll baed on ili'bQr~ .~, Page 19 of the Public
Recorda of Collier County, Plb{~p: C~~/