Agenda 07/13/2021 Item #16C 9 (Temporary Access Easement Agreement)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve the County’s standard form Temporary Access Easement Agreement
(“Agreement”) with an added provision that provides an allowance for reasonable attorney fees to
review the Agreement.
OBJECTIVE: To obtain a Temporary Access Easement which will provide the Collier County Water-
Sewer District and its contractor(s) with legal access to relocate into the existing easement for pump
station 179.02, a section of fence that lies outside the easement area.
CONSIDERATIONS: The Canopy Homeowner’s Association (HOA) is willing to provide access to the
fencing but has required that the County pay their attorney’s fees to review documents. The County
Standard Temporary Access Easement Agreement has been used with the addition in Paragraph 8 of the
Agreement which provides that the County will pay the HOA’s attorney up to $750.
FISCAL IMPACT: The County Water-Sewer District will be billed the amount invoiced by the HOA’s
attorney. The Water-Sewer District and HOA have agreed that attorney’s fees will not-exceed $750.
Recording fees will be $18.50. Funds are available in The Wastewater Capital Fund (414) project 70046.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. - JAB
RECOMMENDATION: To: i) to approve the County’s standard Temporary Access Easement
Agreement with a provision allowing for the payment of the HOA’s attorney fees in an amount, not-to-
exceed $750, ii) authorize the Chair to execute the Temporary Access Easement Agreement, as approved
by the County Attorney Office, iii) direct the County Manager or his designee to follow all appropriate
closing procedures, and record the Temporary Access Easement and Temporary Access Easement
Agreement in the Collier County Public Records.
Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Temporary Access Easement Agreement (CAO) (PDF)
16.C.9
Packet Pg. 1276
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.9
Doc ID: 16293
Item Summary: Recommendation to approve the County’s standard form Temporary Access
Easement Agreement (“Agreement”) with an added provision that provides an allowance for reasonable
attorney fees to review the Agreement.
Meeting Date: 07/13/2021
Prepared by:
Title: – Facilities Management
Name: Jay Malamphy
06/15/2021 5:02 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
06/15/2021 5:02 PM
Approved By:
Review:
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 06/16/2021 10:20 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/17/2021 8:39 AM
Facilities Management Toni Mott Additional Reviewer Completed 06/17/2021 10:50 AM
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 06/21/2021 10:13 AM
Public Utilities Planning and Project Management Drew Cody Additional Reviewer Skipped 06/21/2021 3:47 PM
Facilities Management Damon Grant Director - Facilities Completed 06/21/2021 5:02 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/22/2021 12:19 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/23/2021 9:01 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/23/2021 10:44 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/23/2021 11:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:21 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/28/2021 6:13 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/03/2021 1:45 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:45 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.C.9
Packet Pg. 1277
PRO」ECT:PUMP STAT ON
FOし 01
Canopy
17902
25225000030
TEMPORARY ACCESS EASEMENT AGREEI\4ENT
THIS TEMPORARY ACCESS EASEI\4ENT AGREEMENT ('Agreement',) is made and
entered by and between CANOPY NEIcHBORHOOD ASSOCtATION, tNC, a Ftorida not-
for-profit corporation whose mailing address is C/O Guardian Property Management, 6704
Lone Oak Blvd., Naples, FL 34109 (hereinafter referred to as "Association',), and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing office address is 3335 East
TamiamiTrail, Suite 101, Naples, Florida 34112 (hereinafrer referred to as',County,,).
WHEREAS, the Association owns lands described in Exhibit,,A,,(,,property,'), which is
attached hereto and made a part of this Agreement; and
WHEREAS, the County has requested that Association grant to County a Temporary
Access Easement as described in Exhibit "B" ("Easement"), which is also attached hereto
and made part of this Agreement. The purpose of the Easement is to provide County
temporary access to lands described in Exhibit "A" to facilitate County's relocation offencing
that encroaches on lands owned by Association into County's existing utility easement area
("Existing Easement") which is also described in Exhibit "A.", and
WHEREAS, the Association desires to convey a Temporary Access Easement to the
County for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the County has agreed to the terms and conditions set forth herein; and
NOW THEREFORE, in consideration of the foregoing, 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:
_ 1. Association shall grant County an Easement over, upon, and across the property. The
Easement shall expire and terminate within the sooner of 180 days from the effective d'ate ofthis Agreemenl, or upon County's relocation of sections of the fence into the Existing
Easement ("Construction Period"), or upon County,s default of any terms or conditions in thiaAgreement. lf necessary, the Easemenl may be eltended in wiiting by mutual agreement
between County and Association. The effective date shall be the date on which the Easement
is signed by the last party.
. 2 Coulty acknowledges that Association will have access to the property as neededduring the construction Period and that time is ofthe essence to comprete construction withinthe Construction period. Unless the Easement is mutually extendid, failure to completeconstruction and remove aI equipment and restore Associition rands within the Easementarea priorto expiration ofthe Construction period shall, at the Association,s sole option, resultin immediate termination of this Agreement and Easement.
3. County shall pay all costs for recording the Easement (if recorded), as well as any othercosts associated with the Easement.
16.C.9.a
Packet Pg. 1278 Attachment: Temporary Access Easement Agreement (CAO) (16293 : Canopy - LS 179.02 Access)
4. Association is aware of and understands that this Agreement is subject to acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. County acknowledges that the Property will not be disturbed in any manner other than
for the routine maneuverability of manpower and equipment related to lhe relocation of the
fence from the Property to the Existing Easement that is immediately adjacent to property.
Any damage to Property, or any improvements thereon, shall be repaired at the sole cost and
expense of county.
6. County shall provide the construction superintendent's or project manager,s name and
phone number to Association prior to entering the Property. County shall not commence any
work or enter the Property until Association and County agree to a mutually acceptable date
to commence construction and enter Property. County shallcoordinate conslruclion activities
wilh Association and shall provide a list of all contractors that are to enter the property and
shall only hire or engage contractors that are licensed and insured. lf necessary, County shall
locate all underground utilities prior to commencement of construclion.
7. Prior to completion of conslruclion and within the Construction period, County and/or
its designee, at County's sole cost and expense, shall return impacted areas of the property
to preconstruction conditions or befter. County and/or its designee will repair or replace, at
County's sole cost and expense, any hardscape or landscape surface and/or trees and
landscaping, which have been removed or damaged with the same or equivalent materials,
and to the satisfaction of Association.
8. County shall provide to Owner or Owner's Representative at Closing an amount not to
exceed Seven Hundred and Fifty Dollars ($750.00) allowance towards lhe cost of reasonable
attorney fees.
9. To the extent permitted by laws and as limited by pursuant to the provisions of Section
768.78, Florida Statutes, the County agrees to hold harmless Association, their employees,
and agents against any and all claims and/or damages by or behalf of any person, employee
or legal entity arising from the County's negligent acts pursuant to this Agreement. Nothing
is intended to alter the County's immunity in tort or otheMise impose liability on the County
when it would not otherwise be responsible. This provision shall survive Closing.
'10. County shall be responsible for obtaining, at County's sole cost and expense, a
commercial general liability policy that shall name Association as an additional insured.
Commercial general liability limits shall not be less than Five Hundred Thousand Dollars
($500,000.00) per occurrence. County shall provide Association with a copy of the foregoing
policy or with a certificate of insurance prior to the commencement of work, and shall furthei
provide evidence of renewals of the same prior to the expiration thereof.
1'1. Should County be in default of any terms or conditions of this Agreement, the
Easement shall terminate immediately, and County or its contractors, guests, and
representatives, shall have no right to enter the Property.
'12. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
'13. This Agreement and the terms and provisions hereof shall be effective as of the
date the Easement has been signed by the last party and shall inure to the benefit of and bebinding upon the parties hereto and lheir respective heirs, executors, personal
16.C.9.a
Packet Pg. 1279 Attachment: Temporary Access Easement Agreement (CAO) (16293 : Canopy - LS 179.02 Access)
representatives, successors, successor trustee, and assignees whenever the context so
requires or admits.
lN wlrNESS WHEREOF, the parties hereto have executed this Temporary construction
Easement Agreement on this _ day of _,2e2l .
Dated Prolect/Acquislion Approved by BCC:
AS TO COUNTY:
DATED:
ATTEST:BOARD OF COUNTY COMMISS10NERS
OF COLL!ER COUNTY,FLORIDA,AS THE
GOVERNING BODY OF COLLIER COUNW
AND AS THE EX-OFFiC10 GOVERNINGBOARD OF THE COLLIER COUNTY
WATER―SEWER D:STRICT
BY:
CRYSTAL K KINZEL,INTERIM CLERK
,Deputy Clerk Penny Taylor,Chairperson
AS TO ASSOC!ATiON:
W!TNESSES:
Wtness #'l (Signature)
CANOPY NEIGHBORHOOD
ASSOCIAT10N,INC
a Florida not fo「pront company
Vvitness #1 (Print Name)
BY:
Wtness #2 (Signature)
Name:
Title:
Wtness,2(Print Name)
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney ぎ
16.C.9.a
Packet Pg. 1280 Attachment: Temporary Access Easement Agreement (CAO) (16293 : Canopy - LS 179.02 Access)
EXHIBIT A
An area comprising of a 2o-foot boarder directly outside and abutting lines 19, 20 and
21 (L19, L2O, and L2'l ) of the existing County Utility Easement (CUE) tocated in Canopy
tract "01" as shown and recorded in Plat Book 53 Page 86 of the public records of
Collier Counly, FL.
16.C.9.a
Packet Pg. 1281 Attachment: Temporary Access Easement Agreement (CAO) (16293 : Canopy - LS 179.02 Access)
EXHIBIT B
PROJECT: Canopy
PUMP STATION: 179.02FOLIO: 25225O0O0aO
TEMPORARY ACCESS EASEMENT
THIS TEMPOMRY ACCESS EASEMENT ("Easement") is made and entered into this _ dayof_,2021 , by CANOPY NEIGHBORHOOD ASSOCIATION, lNC, a Florida not-for-profit
corporation whose mailing address is C/O Guardian Property Management, 6704 Lone Oak Blvd.,
Naples, FL 34109 (hereinafter referred to as "Grantor''), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX.OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER€EWER DISTRIGT, whose mailing office address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34'l 12 (hereinafter referred to as "Grantee").
(\Merever used herein the terms "Granto/'and "Grantee" are used for singular or plural, as the context requires, and include allthe
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
Granto/s lands described in Exhibit "A" to facilitate Grantee's relocation of the fencing that encroaches
on lands owned by Grantor into Grantee's existing utility easement area described in Exhibit "A." This
Easement shall expire and terminate within the sooner of '180 days from the effective date of this
Easement, or upon Grantee's relocation of certain sections of the fence that are immediately adjacent
to the lands described in Exhibit "A," or upon Grantee's default of any terms or conditions in the
Temporary Access Easement Agreement. The Effective date of this Easement shall be the date of
recording.
lN WTNESS WHEREOF, the GMNTOR has caused these presents to be executed the day and
year first above written.
CANOPY NEIGHBORH00D
ASSOCIAT10N,lNC
a Florida notfor prolt cOmpany
BY:
Name:
Tl:e:
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
16.C.9.a
Packet Pg. 1282 Attachment: Temporary Access Easement Agreement (CAO) (16293 : Canopy - LS 179.02 Access)
EXHIBIT A
An area comprising of a 2o-foot boarder directly outside and abutting lines 19, 20 and 21 (L19, L2O,
and L2'l) ofthe existing County Utility Easement (CUE) located in Canopy tract "0'1" as shown and
recorded in Plat Book 53 Page 86 of the public records of Collier County, FL.
16.C.9.a
Packet Pg. 1283 Attachment: Temporary Access Easement Agreement (CAO) (16293 : Canopy - LS 179.02 Access)