Agenda 12/12/2017 Item #16D1312/12/2017
EXECUTIVE SUMMARY
Recommendation to grant the City of Naples permission to access County property at Clam Pass to
facilitate the post storm clean-up of adjacent City of Naples property.
OBJECTIVE: To grant the City of Naples access over the Clam Pass parking lot to remove invasive
vegetation and Hurricane Irma generated debris from the City of Naples property.
CONSIDERATIONS: The City of Naples is requesting temporary access on Collier County’s Clam
Pass Beach Property to remove trees and vegetation damaged or destroyed by Hurricane Irma on the City
of Naples property.
The Right-of-Entry is for a period of thirty (30) days and the City of Naples is required to coordinate with
County staff all dates and times for work and shall, at the City of Napl es cost, repair, restore or replace
any damage caused to the County’s property.
The document has been reviewed and approved by the County Attorney’s Office. A location map is
attached.
FISCAL IMPACT: The total cost of recording the Right-of-Entry shall be paid by the City of Naples.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. Approves the attached Right-of-Entry;
2. Authorizes the Chairman to execute the Right-of-Entry; and
3. Directs the County Manager or his designee to follow all appropriate closing proced ures, and
to record the Right-of-Entry in the Public records of Collier County, Florida.
Prepared by: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. ROE - CAO signed (PDF)
2. Location Map (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.13
Doc ID: 4236
Item Summary: Recommendation to grant the City of Naples permission to access County
property at Clam Pass to facilitate the post storm clean-up of adjacent City of Naples property.
Meeting Date: 12/12/2017
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
11/20/2017 1:45 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
11/20/2017 1:45 PM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/21/2017 9:12 AM
Facilities Management Miguel Carballo Additional Reviewer Completed 11/21/2017 1:52 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 11/22/2017 9:24 AM
County Attorney's Office Emily Pepin Additional Reviewer Completed 11/22/2017 9:30 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/27/2017 9:39 AM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 11/27/2017 10:31 AM
Public Services Department Steve Carnell Additional Reviewer Completed 11/28/2017 7:52 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 3:12 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/01/2017 2:29 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
PRO」ECT: CIom Poss
Fo∥o: o0239520005&66277840008
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a political subdivision of the
State of Florida, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112
hereinafter known as "Grantor", its successors, assigns, agents, or contractors, for and in consideration
of Ten Dollars ($10.00) and other valuable consideration to them in hand paid, does hereby grant unto
CITY OF NAPLES, a municipal corporation of the State of Florida, whose post office address is 735
Eighth street South, Naples, Florida 34102, hereinafter after known as "Grantee", jts successors,
assigns, agents, or contractors, the temporary license and right to enter upon the lands of the Grantor,
as described on Exhibit "A", which is attached hereto and made a part hereof, to access Grantee,s
property for the purpose of clearing invasive vegetation and debris.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns, regardless of the
number and gender in which used, shall be deemed to include any other gender or number as the
context or lhe use thereof may require.)
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for a period of
thirty (30) days from the date of this Right of Entry.
ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable
exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the
lands described in Exhibit "A", agrees to provide Grantor with advance notice when exercising its rights
hereunder, and agrees to coordinate and schedule with Grantor, or its staff, the dates and times for
work on the project. Upon exercising the rights granted herein, grantee agrees that it shall, at Grantee's
cost, repair, restore or replace, to the reasonable satisfaction of Grantor, any damage caused to
Grantor's property as a result of Grantee's exercise of its rights hereunder.
DATE APPROVED BY BCC:
AttESTI
D1/V GHT E BROCK
BOARD OF COUNTY COMMiSS10NERS
COLLIER COUNTY,FLORIDA
BY:
Penny Taylor, Chairman, Deputy Clerk
EXHIBIT'A'
The South 30 feet of the property described in that Quit Claim Deed from Westinghouse
Communities of Naples, lnc. to Collier County dated October 29, 1986, and recorded in
Officia' Records Book 1234, at Page 1371, of the Public Records of Collier County,
Florida.
30’ (Approximate)
Temporary
Easement Area
City/County Property
Boundary Line
Location Map - Right of Entry