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Agenda 05/22/2018 Item #16C 405/22/2018 EXECUTIVE SUMMARY Recommendation to approve a Temporary Construction Easement Agreement and Temporary Construction Easement with the Florida Department of Transportation’s contractor, Bergeron Land Development, to access property that is held in the GAC Land Trust inventory to facilitate construction of the 8th Street NE bridge. OBJECTIVE: To provide a staging area for the contractor to access property that is held in the GAC Land Trust inventory for construction of a bridge at 8th Street NE. CONSIDERATIONS: As part of the Florida Department of Transportation (FDOT) bridge project in Golden Gate Estates that is constructing a bridge across the Cypress Canal at 8th Street NE, the contractor requires access over County-owned property that is held in the GAC Land Trust. The project will also include roadway improvements and a new sidewalk from Golden Gate Boulevard to Randall Boulevard. As part of the bridge construction, FDOT’s contractor, Bergeron Land Development, is required to dredge both sides of the canal for approximately 200 feet upstream and downstream of the proposed bridge. Dredging operations will take approximately two weeks and involve clearing and grubbing of an area of approximately fifty feet from the existing canal top of the bank for a d istance of about one hundred feet west of the existing westerly roadway easement, as seen on the attached exhibit. The contractor will be using a CAT Excavator 345 BL, with working hours from 7am to 5pm, Monday through Friday. The permits required for this work have already been obtained. At a special meeting held on May 3, 2018, the GAC Land Trust Committee discussed the request and voted 4-0, one member absent, to recommend staff to submit a Temporary Construction Easement to the Board of County Commissioners to allow the use of the embankment of the GAC Land Trust property for the bridge construction. Pursuant to the 1983 Agreement, Avatar Properties, Inc., has provided an email stating they have no objection to the proposed use. FISCAL IMPACT: Any recording fees for the Temporary Construction Easement shall be withdrawn from the Bridge Project 66066 in the Road Capital - Gas Tax Fund (313) and will be reimbursed by the Contractor. GROWTH MANAGEMENT IMPACT: There is no long-range planning impact associated with this matter. LEGAL CONSIDERATIONS: The Temporary Construction Easement Agreement and the Temporary Construction Easement are approved for form and legality and requires majority vote for Board action. - JAB RECOMMENDATION: That the Board of County Commissioners approves the attached Temporary Construction Easement Agreement and the Temporary Construction Easement with Bergeron Land Development, and authorizes its Chairman to execute same, and to direct the County Manager or his designee to record the easements in the Public Records of Collier County. Prepared By: Michael H. Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. GAC TCE Agreement (PDF) 2. GAC TCE (PDF) 16.C.4 Packet Pg. 765 05/22/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 5590 Item Summary: Recommendation to approve a Temporary Construction Easement Agreement and Temporary Construction Easement with the Florida Department of Transportation’s contractor, Bergeron Land Development, to access property that is held in the GAC Land Trust inventory to facilitate construction of the 8th Street NE bridge. Meeting Date: 05/22/2018 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 05/07/2018 12:54 PM Submitted by: Title: Senior Network Administrator - Info Technology – Information Technology Name: Dennis Linguidi 05/07/2018 12:54 PM Approved By: Review: Transportation Engineering Andrew Miller Additional Reviewer Completed 05/07/2018 1:04 PM Transportation Engineering Robert Bosch Additional Reviewer Completed 05/07/2018 1:12 PM Facilities Management Toni Mott Additional Reviewer Completed 05/07/2018 1:24 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 05/08/2018 9:58 AM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 05/08/2018 1:54 PM Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 05/08/2018 1:56 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/08/2018 2:46 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/08/2018 3:49 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/09/2018 11:30 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/11/2018 7:24 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/13/2018 8:53 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM 16.C.4 Packet Pg. 766 PROJECT:FDOT Bridge-8th Strcct NE Bridgc Folio:37289560004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between COLLIER COUNTY, a political subdivision ofthe State of Florida, (hereinafter referred to as the "Owner") whose mailing address is c/o Real Property Management, 3335 East Tamiami Trail, Suite l0l, Naples, Florida 34112 and BERGERON LAND DEVELOPMENT, INC., a Florida for profit corporation, (hereinafter referred to as the "Contractor"), whose mailing address is 19612 SW 69rH Place, Fort Lauderdale, Florida 33332. WHEREAS, the Owner owns the property located at 879 8th Street NE, Naples, Florida, (hereinafter referred to as "Property"); and WHEREAS, the Contractor has requested that Owner grant to Contractor a Temporary Construction Easement for the purpose of access and right to enter over, upon and across the lands described in Exhibit "A", to facilitate the construction of the 8th Street NE bridge. WHEREAS, the Owner desires to convey the Temporary Construction Easement to the Contractor for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Contractor has agreed to the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Owner; and NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: l. Owner shall grant Contractor a Temporary Construction Easement over, upon, and across the Property, at no cost to the Owner, unless otherwise stated herein. 2. The Contractor shall pay for all costs of recording the Temporary Construction Easement. 3. The Contractor is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. Prior to construction completion, Contractor and/or his designee shall return impacted areas of the Propeity to preconstruction conditions or better. 5. Owner agrees to grant the Temporary Construction Easement for the purpose of allowing Contractor to place its equipment on the embankment of the Property in order to facilitate construction olthe 8th Street NE a bridge. This Temporary Construction Easement shall expire on July 1,2018. 6. This Agreement is governed and construed in accordance with the laws of the State of Florida. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the 繁 16.C.4.a Packet Pg. 767 Attachment: GAC TCE Agreement (5590 : GAC Land Trust 8th Street Bridge TCE) parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easemcnt Agrecment on this______day Of AST0 0WNER: DATED: ATTEST: DWIGHT E.BROCK,Clcrk ,2018. BOARD OF COUNTY COMⅣIISSIONERS COLLIER COUNTY,FLORIDA BY: BERGERON LAND DEVELOPMENT,INC., a Florida for proflt corporation BY: (Signaturc) (Print Name) (Print Titlc) , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney ぷ AS TO CONTRACTOR: WITNESSES: Witness #l (Signature) Witness #l (Print Name) Witness #2 (Signature) Witness #2 (Print Name) 索 16.C.4.a Packet Pg. 768 Attachment: GAC TCE Agreement (5590 : GAC Land Trust 8th Street Bridge TCE) EXHIBIT`A' 879 8th Street NE,Naples,Florida r‐ドDCユ ■4L :` srヵ ,′+sσ 。:16.C.4.a Packet Pg. 769 Attachment: GAC TCE Agreement (5590 : GAC Land Trust 8th Street Bridge TCE) PrdCCt:FDOT Bridgc-8m strect NE Bridge Folio:37289560004 TEⅣIPORARY CONSTRUCTION EASEMENT THIS EASEMENT is madc and cntcrcd into this day of ,2018,by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite l0l, Naples, Florida 34112 (hereinafter referred to as "Grantor"), and BERGERON LAND DEVELOPMENT, INC., a Florida for profit corporation, whose mailing address is 19612 SW 69rH Place, Fort Lauderdale, Florida 33332, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT ''A'' Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of a staging area to facilitate the construction of the Sth Street NE bridge. Prior to construction, Collier County Real Property Management staff must be notified. This Easement shall expire on July 1,2018. If necessary, this Easement may be granted additional time if mutually agreed upon. Grantee shall restore the surface of the Easement Area to the condition existing prior to the commencement of construction or better. IN WITNESS WHEREOF, day and ycar flrst abovc written. ATTEST: DWIGHT E.BROCK the GRANTOR has caused these presents to be executed the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BY: ,Deputy Clerk Approved as to form and legality: ANDY SOLIS,Chaillllan Jcnnifer A.Bclpedio,AssistantCountyAttomcI、 メ〕こ:l゛＼ヽ`16.C.4.b Packet Pg. 770 Attachment: GAC TCE (5590 : GAC Land Trust 8th Street Bridge TCE) EXHIBIT`A' 879 8th Street NE,Naples,Florida 16.C.4.b Packet Pg. 771 Attachment: GAC TCE (5590 : GAC Land Trust 8th Street Bridge TCE)