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Agenda 03/10/2009 Item #16E 5 Aoenda Item t-..]o, i 6E5 ~ March 10. 2009 Page 1 of 4 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 Marco Island Historical Museum which is located at 1264 Mistletoe Court, Marco Island, 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 Marco Island Historical Museum which is located at 1264 Mistletoe Court, Marco Island, Florida. CONSIDERATIONS: At their May 13, 2003 meeting, Item 1607, the Board of County Commissioners agreed to allow the Marco Island Historical Society Incorporated (MIHS) to construct (at MIHS's expense) a Museum and adjacent parking and support structures on the County's property located at 1264 Mistletoe Court, Marco Island. MIHS, having met all prerequisites of the agreement including gaining County approval of the construction plans, is in the process of constructing the Museum structures. At this stage of the Museum construction, MIHS and their general contractor are requesting electric power service from Lee County Electric Cooperative, Inc. In order to supply the Museum with electric service, LCEC requires 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. 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 within the Department of Facilities Management budget (001-122240). GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATlONS:The License has been approved for form and legal sufficiency. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - JBW RECOMMENDATION: That the Board of County Commissioners 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 ail appropriate closing procedures and to record the License in the Public Records of Collier County Florida; and, authorizes the conveyance of the Permanent Easement using the County standard form once reviewed and approved by the County Attorney's Office and authorizes the Chairman to execute the Permanent Easement. PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Department of Facilities Management. Page 1 of I Agenda Item No. i6E5 March 10,2009 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16ES 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 Marco Island Historical Museum which is located al1264 Mistletoe Court IJlarco island, Florida, at a cost not to exceed $60,00. Meeting Date: 3/10/2009 90000 Ar~ Prepared By Jason Bires Property Acquisition Specialist Date Administrative Services Facilities Management 2/261200:92:17:57 PM A pproHd By Toni A, Molt Real Property Supervisor Date Administrative Services Facilities Management 2/26/2009 2:26 PM Approved B)-' Skip Camp, C.F,M. Facilities Management Director Date Administrative Services Facilities Management 2;26120093:04 PM Appro,'cd BJ' Scott R. Teach Assistant County Attorney Date County Attorney County AHorney Office 2;26'200S 4:11 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 2126/2009 4:29 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2f27/2009 9:57 AM Approved By Laura Davisson Mclnagement & Budget Analyst Date County Manager's Office Office of Management & Budget 2/27.1200910:02 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/2.i/2009 2:54 PM f;l"". !/r.\ ^ """....ri,> T,",.1\ ~'V,...,,-rl\ 1 '), Jl.A ......"ho/. ')n 1 n oJ.: ')n')nnO\ 1 i:. 0;: ')nrYY1\l"J:'1\lTO/. ""In ^ r.C1\TlI ^ \ 1 'J fA /""Ir.r.{\ P..gS:lca 118ill [>jo. .j 6=5 iAarch 1 ~l 2009 Fage 3 of 4 REVOCABLE TE:VIPORARY LlCE:'>ISE 111is REVOCABLE TEMPORARY LICENSE entered into this _ day of ,20.__ hy and bet\veen COLLIER COUNTY, a political subdi\'lSioD of the State of Florida, whose mailing address is .3301 Tamiami Trail East, Naples, FL 34112 (hcrcinaIler referred to as "County"), and LEE COUNTY ELECTRIC COOPER<\nVE, INC., a Florida nOD-profit corporation, whose mailing address is Post Office Box 3455, 1\onh Fort Myers, FL 33918 (hereinafter referred to as "LCEC"), approving the use of County-owned property for the purpOSI: of constructing utility facilities. WllEREAS, LCEC requires the use of County-owned property for the purpose of constructing, QPcr~ting, ~nd :n::.imaining utilities. including but not limited tu, JislrihuLion lines and other related equipment for fiber optic telecommunications and television purposes, over and through the property described as follows, (0 wit; Tract "D" of MARCO BEACH l;NlT SEVE'-I, according to the plot thereof recorded in Plat Book 6, Pages 55 through 62, inclusive of the Puhlic Records of Collier C0U11ty, .Florida ("Property"). WHEREAS, the COlJ""NTY is willing to approve the Lise of the Prope11y for such purposes; '-lOW TIIEREFORE. THE PARTIES AGREE AS FOLLOWS, 1. The COlNTY herein 3pprovcs, ror Ten Dollars (510.00) and other valuable considerations, tbe use of the Property ror tlle purpose ofconstrueting, operaLing and maintaining utilities, including hut not limited to, distribution lines and other related equipment for fiber optie telecommunications and television purposes, over and through the property as mo:-c particularly described above, hereinafter referred to as "Property". ') The approval of the use of the Propcl1y by LCEC shall expire upon gram of a pem1anent Utility Easement. 3. Upon completion of the construclion of the utility facilities on the prope11y, a pcnnanmL Utility Easement 1,.vill be granted to LCEC for the 16 foot strip of land \vhercin the utility [acililies ure located. The original, signed and scaled sketch and description of the easement area shall be prepared by a licensed Florida .surveyor and \'o'ill be provided to LeEC al110 cost to LCEC. Vpon the completion or construction, LeEC shall re::;tore the surface of the properLy to its original location. 4. This Revocable Temporary License shall be administered on behalf of the COU1\TY by and throlJgh the Collier County Real Propel1y Management Depanment. 5. LCEC, to the eXtent perrniited by law, and as linlikd by Section 768.28, f,S., shal1 indemnify, save, protect and hold harmless COU~Y ag:.:inst any damages and claims arising by rcason ofLCEC's utility installations or the operation ofsamc. 6, LCEC covenants and agrees 110t to assign this Revocable Temporary License or to permit any other persons to occupy same without the written c()ns~nt of COUNTY. .., The COU?\:"'TY and LCEC spl.'ci ficaiiy agree that this Agreement represents a lic.::emc for the COOP'S use of the property and docs not convey any estate in the propcr1y or create .my interest ~:hatsOe\.eL Agenda Item No. 16E5 March 10. 2009 Page 4 of 4 IN 'WITNESS \Vl1ER..EOFl the parties hereto have made and executed this Revocable Temporary Lic.ense as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COCKTY, FLORIDA , Deputy BY: 1l0]\KA FIALA, Chairman Approved as to legal form and sufficiency: ~ -p;\j~:J. . Jenm er B. White Assistant County AHomey