Agenda 09/29/2009 Item #16C 1
Agenda Item No. 16C1
September 29, 2009
Page 1 of 5
EXECUTIVE SUMMARY
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Recommendation to approve the Right of Entry form to document Collier County's
agreement with Icertain private property owners for improvement of private driveways for
the purpose of providing turnarounds for Waste Management Inc. of Florida's trucks in
areas that do not provide adequate turnaround access on public roads, as provided for in
the Franchise A:~reement between Collier County and Waste Management Inc. of Florida,
at an estimated (~ost not to exceed $4,000, Project 59001.
OBJECTIVE: The public purpose of this project is to provide adequate turnaround access for
garbage and recycling collection trucks where none exists on public roads by reinforcing private
driveways to create a safe area for the trucks to maneuver, and to document the authorization
from the private property owner for the use and improvement of the driveways. -
CONSIDERATION: The Public Utilities Solid Waste Management Department is responsible
for providing solid waste collection and disposal services countywide. In certain areas of the
county, there are dead-end streets that do not have adequate turnaround space for large garbage
collection trucks. At these locations, it is necessary to gain property owner permission to use
their driveway as a turnaround. As part of this arrangement with the property owner, a Right of
Entry Agreement ("Agreement") is needed to contract the use of the private driveway as a
turnaround and to make necessary improvements to reinforce the driveway to handle large heavy
vehicles.
The Agreement ensures the accurate documentation of the agreed upon use of the driveway by
the County and its contractor. It also allows the County the right to make the needed
improvements for heavy trucks and ensures the continued use of the designated driveways
should the property be sold in the future.
The County currently designates driveways as turnarounds, and reinforces them as necessary. In
a few instances, reinforcements paid for by the County have not been recognized by the new
owners of end-of-street properties and they have been reluctant to allow disposal trucks to
continue using the turnaround. A more comprehensive binding agreement has been developed to
ensure a long-tenn solution to the need to collaborate with private citizens for the use and
improvement of their driveways.
This Agreement is consistent with the County's Franchise Agreement with Waste Management
Inc. of Florida, Section 5.15.4 which states: "However, if the use of a private driveway is
authorized in writing by the Director, the County shall be responsible for the repair of such
driveway, provided that Contractor uses the driveway in compliance with any conditions and
limitations contained in the Director's authorization." This portion of the Agreement requires
the County to provide for appropriate turnarounds where required.
Staff recommends that the County enter into these Rights of Entry, binding agreements, with the
private property owners and proceed with installation of reinforced driveways at no cost to the
property owners. Continued maintenance will be the responsibility of the County. The attached
Agenda Item No. 16C 1
September 29, 2009
Page 2 of 5
Right of Entry form has been reviewed and approved by the County Attorney's Office and by the
Public Utilities Division.
FISCAL IMP ACT: The cost to record each Right of Entry will be $10 for the first page and
$8.50 for each successive page. Each Right of Entry should range from one to three pages.
Funds are available in the FY09 budget for this action in Project 59001. The FY09 budget was
approved by the Board of County Commissioners on September 18, 2008. Funds are available in
the Solid Waste Capital Fund 474.
GROWTH MANAGEMENT IMP ACT: The creation of the Right of Entry form is in
compliance with the Growth Management Plan that provides for collection of waste county-
wide, as well as increased recycling and reuse of the solid waste stream. The continuation of the
driveway reinforcement program ensures safety to the public and our collection services
contractor. Additionally, the Board-approved Integrated Solid Waste Management Strategy
provides 32 options, which include increased recycling county-wide and to save valuable
airspace; further promotes environmental stewardship and provides for best value collection and
disposal services to Collier County.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a
regular item requiring a majority vote. -JBW
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the standard form of Right of Entry, attached.
2. Authorize the Public Utilities Division to proceed with solicitation and obtaining
permission to use specific private driveways to serve as safe turnarounds for Collier
County or its agent's trucks to facilitate providing solid waste collection services, and to
obtain each private property owners' consent to enter into these Agreements after
approval of each as to "form and legal sufficiency" by the County Attorney's Office.
3. Accept each signed Agreement and direct the County Manager or his designee to record
these Rights of Entry in the Public Records of Collier County, Florida.
PREPARED BY: Sue Jim Zimmerman; Property Acquisition Specialist; Real Property
Management, Department of Facilities Management
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l'age 1 or L
Agenda Item No. 16C1
September 29, 2009
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16C1
Item Summary: Recommendation to approve the Right of Entry form to document Collier Countys agreement
with certain private property owners for improvement of private driveways for the purpose of
providing turnarounds for Waste Management Inc. of Floridas trucks in areas that do not
provide adequate turnaround access on public roads, as provided for in the Franchise
Agreement between Collier County and Waste Management Inc. of Florida, at an estimated
cost not to exceed $4,000, Project 59001.
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Sue Zimmerman Property Acquisition Specialist Date
Administrative Services Facilities Management 8/26/2009 5:02:21 PM
Approved By
Skip Camp, C.F.M. Facilities Management Director Date
Administrative Services Facilities Management 8/27/2009 9:25 AM
Approved By
Joseph Bellone Operations Supervisor Date
Public Utilities Public Utilities Operations 8/27/2009 12:28 PM
Approved By
Michael H. Dowling Property Management Specialist Date
Administrative Services Facilities Management 8/27/2009 3:09 PM
Approved By
Peter Lund Operations Analyst Date
Public Utilities Public Utilities Operations 8/27/20093:22 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/28/2009 3:51 PM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 9/1/2009 10:54 AM
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney Office 9/1/200911:01 AM
Approved By
Daniel R. Rodriguez Solid Waste Director Date
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Agenda Item No. 16C1
September 29, 2009
Page 4 of 5
Public Utilities Solid Waste 9/9f2009 5:02 PM
Approved By
James W. Delony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 9/11/20098:21 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/15f2009 7:30 AM
Approved By
Susan Usher Senior ManagementfBudget Analyst Date
County Manager's Office Office of Management & Budget 9/19/20099:25 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 9/19/2009 10:14 AM
Commissioners
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Agenda Item No. 16C1
PROJECT: Designated Driveways September 29, 2009
Folio: Page 5 or 5
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RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that , , whose post office address
is , hereinafter known as "Grantor", his successors and assigns, for and in
consideration of Ten Dollars ($10.00) and other valuable consideration to them in hand paid, do hereby grant
unto the COLLlE:.R COUNTY, a political subdivision of the State of Florida, whose post office address is
3301 Tamiami Trail East, Naples, Florida 34112, its successors, assigns, agents, or contractors hereinafter
known as "Grantee", the temporary license and right to enter upon the lands of the Grantor, as described in
Exhibit "A", which is attached hereto and made a part hereof, to place or remove materials in order to reinforce
Grantor's driveway, including but not limited to, concrete, drainage structures and other equipment,
appurtenant thereto for the purpose of constructing and maintaining a designated driveway thereon for use by
Collier County and/or its agent Waste Management Inc. of Florida as a turnaround facility for bi-weekly pick-up
of solid waste, garbage, refuse and recycling on (street). Such is part of the Designated Driveways
project which is being performed throughout Collier County to ensure long-term reliability of turnaround
locations.
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ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect until terminated in
writing by the Grantor, his successors and assigns on the lands of the Grantor described in Exhibit "A." This
Right of Entry shall run with the land.
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", and agrees to provide Grantor with advance notice when exercising its rights
hereunder. Grantee further agrees that it shall, at the Grantee's cost, repair any surface damage caused to
Grantor's property as a result of Grantee's exercise of its rights hereunder.
IN WITNE:.SS WHEREOF, the Grantor has caused these presents to be executed in his name
this day of ,2009.
Witness (Signature)
Name:
(Print or Type) Grantor
Witness (Signature)
Name:
(Print or Type)
STATE OF
COUNTY OF
The foregoing Right of Entry was acknowledged before me this day of ,
2009, by (Grantor), who is personally known to me or who has produced
as identification.
(Affix Notarial Seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
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