Agenda 10/11/2016 Item #16E 9 16.E.9
10/11/2016
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution authorizing the Chairman to execute Standard Grant of
Utility Easement(s)to Comcast,its subsidiaries,or its affiliates on County-Owned Property.
OBJECTIVE: Approve a standardized Grant of Utility Easement(s) to Comcast, its Subsidiaries, or its
Affiliates on County-Owned Property.
CONSIDERATIONS: There is a benefit to the County and to the public if the administrative procedures
concerning the Grant of Utility Easement(s) to Comcast are expedited, while maintaining the safeguards
of staff and legal counsel review of such Easements. The proposed resolution authorizes such
administrative procedures. Exhibit "A" to the resolution is the County's standard Grant of Utility
Easement that has been previously approved in various projects in the past. Comcast and its legal
counsel have approved its use.
The County Division responsible for the facility being provided services shall determine whether
Comcast's infrastructure will create conflict in the event that Comcast is no longer the service vendor. If
a conflict is determined,the easement used will require that Comcast remove all infrastructure and repair
and restore any damage caused by such removal when they are no longer the service vendor.
Each Grant of Utility Easement will be prepared by Real Property Management and reviewed and
approved by the County Division and the County Attorney's Office before submitting to the Chairman for
execution.
For the purposes of this item, County-Owned Property is property owned by Collier County, Collier
County Water-Sewer District, Collier County Airport Authority, Collier County Community
Redevelopment Agency or any other property where the Board of County Commissioners is responsible
for the property.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
FISCAL IMPACT: Recording costs shall be paid by the County Division.
GROWTH MANAGEMENT IMPACT: This request does not impact the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners adopts a Resolution authorizing the
execution of the attached Standard Grant of Utility Easement(s) to Comcast and its Subsidiaries on
County-Owned Property.
PREPARED BY: Deborah Goodaker,Property Acquisition Specialist,Facilities Management Division
ATTACHMENT(S)
1.Resolution w-Exhibit (PDF)
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16.E.9
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.9
Item Summary: Recommendation to adopt a Resolution Authorizing the Chairman to Execute
Standard Grant of Utility Easement(s) to Comcast, its Subsidiaries, or its Affiliates on County-Owned
Property.
Meeting Date: 10/11/2016
Prepared by:
Title: Property Acquisition Specialist—Facilities Management
Name: Deborah Goodaker
09/22/2016 11:59 AM
Submitted by:
Title: Division Director-Facilities Mgmt—Facilities Management
Name: Dennis Linguidi
09/22/2016 11:59 AM
Approved By:
Review:
Facilities Management Toni Mott Level 1 Add Division Reviewer Completed 09/22/2016 12:17 PM
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 09/22/2016 1:49 PM
Facilities Management Dennis Linguidi Level 1 Add Division Reviewer Completed 09/22/2016 1:57 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/22/2016 2:00 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/23/2016 4:58 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2016 9:42 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 11:56 AM
Office of Management and Budget Laura Wells Level 3 OMB 1st Reviewer 1-4 Completed 09/28/2016 2:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 11:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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16.E.9.a
RESOLUTION NO. 2016 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION BY
THE CHAIRMAN OF THE BOARD OF A STANDARD GRANT OF
UTILITY EASEMENT WITH COMCAST, ITS SUBSIDIARIES OR ITS
AFFILIATES ON COUNTY-OWNED PROPERTY.
WHEREAS, there is a benefit to the County and to the public if the administrative procedures
concerning the Grant of Utility Easement(s) to Comcast are expedited, while maintaining the
safeguards of staff and legal counsel review of such Easements: and
WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for
Board approval on reviewed and approved Grant of Utility Easement(s).
LL
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NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA that:
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The Board of County Commissioners does hereby authorize the Chairman of the Board of
County Commissioners to execute the Standard Grant of Utility Easement for Comcast, attached as
Exhibit "A", on County-owned property, following preparation by Real Property Management, c
review and approval by the Client Division and the County Attorney's Office.
County-Owned Property is property owned by Collier County, Collier County Water-Sewer
District, Collier County Airport Authority, Collier County Community Redevelopment Agency or any
other property where the Board of County Commissioners is responsible for the property.
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THIS RESOLUTION adopted this day of , 2016, after motion,
second and majority vote.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA `t
BY:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
Jennifer A. Belpedio
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Assistant County Attorney }
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16.E.9.a
EXHIBIT "A"
PROJECT:
LOCATION:
PARCEL:
STANDARD
GRANT OF UTILITY EASEMENT
This GRANT OF UTILITY EASEMENT (the "Easement") made and executed this day of
, 20 , by and between COLLIER COUNTY, a political subdivision of the State of
Florida (or CCSWD), hereinafter referred to as GRANTOR and Comcast of
LLC, hereinafter referred to as GRANTEE.
WITNESSETH
That, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its 11
successors or assigns, a nonexclusive easement for the purpose of installing, constructing, replacing,
maintaining, repairing, operating, inspecting and removing, at Comcast's sole option and expense, O
certain wires, cables, conduit, lock-boxes, building entrance facilities, and other appurtenant fixtures and z
equipment (the "Facilities") over, under, across, and along the property as more particularly described ct
on Exhibit "A" attached hereto and made a part hereof.
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TO HAVE AND TO HOLD the Easement hereby granted unto said GRANTEE, its successors and
assigns.
GRANTEE, by acceptance of this Easement agrees for itself, its successors and assigns, to
maintain said Easement and in no way interfere at any time with the right of ingress or egress of 16
GRANTOR, its successors and assigns, or any other party requiring access to any of the property over
which said Easement is granted. GRANTEE further agrees that it will at all times use extreme care to
restore all grounds to as good or better condition than found prior to GRANTEE'S, construction,
maintenance and repair.
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In the event GRANTEE, in its sole discretion, determines that GRANTEE no longer needs the
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Easement, GRANTEE may relinquish the rights granted to it by quit-claiming GRANTEE'S interest in the
Easement to GRANTOR. Upon such relinquishment, GRANTEE shall remove all aboveground and/or
underground infrastructure installed on the Easement, and repair and restore any damage to the E
Easement caused by such removal. [NOTE: This paragraph may or may not be included based on the
project and at the discretion of the County Manager or designee.]
GRANTOR shall indemnify, defend, and hold GRANTEE, its parents, subsidiaries, affiliates,
directors, officers and employees harmless from and against any liabilities, claims, damages, costs,
losses, or expenses arising out of or related to GRANTOR'S (i) use of the Easement by it or its agents,
employees, contractors, licensees, and invitees; (ii) negligent or willful act or omission; (iii) failure to
comply with the terms of this Easement; or (iv) interference with GRANTEE'S use and enjoyment of the
Easement. Subject to the limitations set forth in Section 768.28, Florida Statutes and to the extent that
such limitations are applicable to this Easement, GRANTEE shall indemnify, defend and hold GRANTOR
harmless from and against any liability, claims, damages, costs, losses, or expenses arising out of or
related to GRANTEE'S (i) interference with GRANTOR'S use and enjoyment of the Easement, except as
permitted herein; (ii) negligent or willful act or omission; or (iii) failure to comply with the terms of this
Easement.
GRANTEE shall have access to the Easement during normal business hours and at all times
during emergencies.
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16.E.9.a
All notices, demands, requests or other communications given under this Easement shall be in
writing and be given by certified mail, return receipt requested, or by a nationally recognized overnight
courier service to the address set forth below or as may subsequently in writing requested.
If to the GRANTOR: Collier Real Property Management
3335 Tamiami Trail East
Naples, FL 34112
If to the GRANTEE: Comcast [name/location/mailing address]
With a copy to: Comcast Cable Communications, LLC
One Comcast Center
1701 JFK Blvd. w
Philadelphia, PA 19103-2838
Attn: General Counsel 0
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This Easement may be amended, revised, waived, discharged, released or terminated only by a
written instrument executed by both parties hereto. All of the provisions of this Agreement shall be
binding upon and inure to the benefit of GRANTOR, GRANTEE and their respective successors and
assigns. v�
IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by o
its Board of County Commissioners acting by the Chairman of said Board, the day and year first above
written.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK COLLIER COUNTY, FLORIDA (or CCWSD)
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BY:
, Deputy Clerk , Chairman ce
Approved as to form and legality
, Asst. County Attorney
0:12014 StdDocForms/Easements/Comcast Approved Grant of UE w-removal
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