Agenda 07/13/2021 Item #16C10 (Solid Waste Divisions Designated Driveway Program)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve updated language to the Right of Entry and Perpetual Driveway
Access and Maintenance Agreement form that is utilized for the Solid Waste Division’s Designated
Driveway Program.
OBJECTIVE: To approve a modified Right of Entry (ROE) form utilized in the Solid Waste Division’s
Designated Driveway Projects.
CONSIDERATION: The Public Utilities Solid Waste Management Department is responsible for
providing countywide solid waste collection and disposal services. In certain areas of the County, there
are dead-end streets that do not have adequate turnaround space for garbage collection-trucks. At these
locations, it is necessary to gain property owners’ permission to use their driveway as a turnaround.
As part of this arrangement with the property owners, the Board approved a Right of Entry Agreement
(ROE) on September 29, 2009, Agenda Item #16C1, which is used 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.
Staff is recommending improving the language in the ROE by renaming the form "Right of Entry and
Perpetual Driveway Access and Maintenance Agreement." Further it is added that the use of the property
shall run with the land in perpetuity and eliminates the provision for the property owner to terminate the
ROE at any time, and for the driveway to be maintained by the County.
The ROE is consistent with the County's Franchise Agreements that states, "... 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."
The Right of Entry and Perpetual Driveway Access and Maintenance Agreement form has been reviewed
and approved by the County Attorney’s Office and by the Public Utilities Division.
FISCAL IMPACT: 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 and Perpetual Driveway Access and Maintenance Agreement
should range from one to three pages. Funds are available for this action in Project 59001 and in the
Solid Waste Capital Fund 474.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
executing this document.
LEGAL CONSIDERATIONS: This item has been reviewed for form and legality and requires a
majority vote for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners approves the proposed Right of
Entry and Perpetual Driveway Access and Maintenance Agreement.
Prepared by: Michael H. Dowling, Senior Property Management Specialist, Facilities Management
Division
16.C.10
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07/13/2021
ATTACHMENT(S)
1. ROE and Perpetual Driveway Access and Maintenance Agreement Jne 24, 2021 (PDF)
2. Right of Entry form Revised May 2021 Strikethrough Version (DOC)
16.C.10
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10
Doc ID: 16321
Item Summary: Recommendation to approve updated language to the Right of Entry and
Perpetual Driveway Access and Maintenance Agreement form that is utilized for the Solid Waste
Division’s Designated Driveway Program.
Meeting Date: 07/13/2021
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
06/18/2021 2:32 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
06/18/2021 2:32 PM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 06/21/2021 11:05 AM
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 06/21/2021 11:12 AM
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 06/21/2021 11:17 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/22/2021 7:55 AM
Solid and Hazardous Waste Paul Abbott Additional Reviewer Completed 06/23/2021 8:39 AM
Facilities Management Toni Mott Additional Reviewer Completed 06/23/2021 8:54 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/24/2021 9:00 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/24/2021 4:57 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/25/2021 3:05 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/25/2021 3:32 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/28/2021 3:40 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 07/02/2021 4:40 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:29 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.C.10
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16.C.10.aPacket Pg. 1287Attachment: ROE and Perpetual Driveway Access and Maintenance Agreement Jne 24, 2021 (16321 : Right of Entry and Perpetual Driveway
Approved as to form and legality:
________________________________________
Jennifer A. Belpedio, Assistant County Attorney
PROJECT: Designated Driveways
Folio:
Right of Entry accepted by BCC on
September 29, 2009, Agenda Item #16C1
Property Address:
Permanent Driveway Easement
Right of Entry and Perpetual Driveway Access and Maintenance Agreement
KNOW ALL MEN BY THESE PRESENTS that ________, whose post office address is _______, hereinafter known as
“Grantor”, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to them in hand paid, does
hereby grant unto COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3335
Tamiami Trail East, Suite 101, Naples, Florida 34112, hereinafter known as “Grantee”, a Permanent Driveway Easement
Right of Entry and Perpetual Driveway Access and Maintenance Agreement (“Agreement”), 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 the above-referenced street. Such is part of the Designated Driveways
project which is being performed throughout Collier County to ensure long-term reliability of turnaround locations.
(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 numb er as the context or the use thereof may
require.)
THIS PROPERTY IS / IS NOT GRANTOR’S HOMESTEAD
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”, and cause this
Agreement to run with the land in perpetuity, or until such time that Collier County Grantee constructs a
turnarounds at the end of (name street) designated streets, or elects to terminate this Agreement by
providing advance notice to the property owner or his/her successor(s). This Right of Entry shall run with the
land.
Waste Management, Inc., its successors or assigns (County Contractor), shall maintain the driveway
for any damage caused to the driveway by the County’s Contractor.
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 and/or structural
damage caused to Grantor’s property as a result of Grantee’s exercise of its rights hereunder.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in his name this _______
day of ___________________________, 2021.
________________________________
Witness (Signature)
Name: _________________________ ______________________________________________
(Print or Type) , Grantor
________________________________
Witness (Signature)
Name: _________________________
(Print or Type)
STATE OF_________________________
COUNTY OF______________________
The foregoing Permanent Driveway Easement Right of Entry and Perpetual Driveway Access and
Maintenance Agreement was acknowledged before me by means of physical presence or online
notarization this ____ day of _____________________, 2021, by ______________________. Such person(s):
Notary Public must check applicable box:
is/are personally known to me.
produced his/her current drivers’ license.
produced as identification.
(Notary Seal) __________
Notary Public
Printed Name of Notary:
Commission Number:______________________________
16.C.10.b
Packet Pg. 1288 Attachment: Right of Entry form Revised May 2021 Strikethrough Version (16321 : Right of Entry and Perpetual Driveway Access and Maintenance Agreement modifying the Right of Entry)
Approved as to form and legality:
________________________________________
Jennifer A. Belpedio, Assistant County Attorney
My Commission Expires:
16.C.10.b
Packet Pg. 1289 Attachment: Right of Entry form Revised May 2021 Strikethrough Version (16321 : Right of Entry and Perpetual Driveway Access and Maintenance Agreement modifying the Right of Entry)