Agenda 11/15/2016 Item #16A 1 16.A.1
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve a Temporary License and Right of Entry Agreement with the Pelican
Marsh Community Development District and authorize the Chairman to execute same on behalf of
the Board. (Fiscal Impact: None)
OBJECTIVE: To secure a right of entry (ROE) from the Pelican Marsh Community Development
District(CDD)to perform work in Tract R,Pelican Marsh Unit 22, according to the plat thereof recorded
in Plat Book 31,Page 86 of the public records of Collier County,Florida,also known as"Galleria Drive."
CONSIDERATIONS: As part of the pending improvements to Airport Road,north of Vanderbilt Beach
Road, the Collier County Transportation Division will be modifying the median opening at the
intersection of Galleria Drive and Airport Road to eliminate left turns exiting from Galleria Drive and
heading north onto Airport Road. In order to do that correctly we also need to prevent motorists from
queuing up in the existing left turn lane on Galleria Drive and then finding that they are no longer able to
make a left turn. Otherwise those motorists would be in conflict with other motorists already (and
properly)in the right lane.
In order to keep motorists out of the left turn lane and creating these conflicts we propose to "gore-out"
several hundred feet of the existing left turn lane. That consists of applying diagonal thermoplastic stripes
onto the pavement as shown on the plans.
Because the Grantee (Collier County) is making certain promises to the Grantor (Pelican Marsh CDD)
regarding ingress and egress during the period of construction, the ROE must take the form of an
agreement between the parties.
FISCAL IMPACT: There is no fiscal impact associated with this recommendation. Paragraph 4 of the
agreement stipulates that it shall not be recorded in the public records.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. JAB
RECOMMENDATION:
1. To approve entry into the attached agreement with Pelican Marsh CDD; and
2. To authorize the Chairman to execute same on behalf of the Board
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager,Transportation Engineering Division,
Growth Management Department
ATTACHMENT(S)
1.ROE Agreement Approved for Board Chairman Signature-2 (PDF)
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16.A.1
11/15/2016
P"-`• COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Item Summary: Recommendation to approve a Temporary License and Right of Entry Agreement
with the Pelican Marsh Community Development District and authorize the Chairman to execute same on
behalf of the Board. (Fiscal Impact: None)
Meeting Date: 11/15/2016
Prepared by:
Title: Manager-Right of Way—Transportation Engineering
Name: Kevin Hendricks
09/26/2016 11:04 AM
Submitted by:
Title: Division Director-Transportation Eng—Transportation Engineering
Name: Jay Ahmad
09/26/2016 11:04 AM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 10/11/2016 10:35 AM
Growth Management Department Lisa Taylor Level 1 Sim.Reviewer 1-8 Completed 10/12/2016 10:17 AM
Growth Management Department Gene Shue Level 1 Sim.Reviewer 1-8 Completed 10/13/2016 8:49 AM
Transportation Engineering Jay Ahmad Level 1 Sim.Reviewer 1-8 Completed 10/13/2016 3:54 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/17/2016 10:38 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/19/2016 3:21 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/20/2016 1:18 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/20/2016 3:43 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:10 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:25 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
/1,
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16A1 a
TEMPORARY LICENSE AND RIGHT OF ENTRY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT,a community development district established and created
pursuant to Chapter 190 F.S.,whose mailing address is do Anthony P. Pires, Jr., Esq.,
3200 Tamiami Trail North, Suite 200, Naples, Florida 34103 (hereinafter referred to as
"Licensor"), for and in consideration of Ten Dollars ($10.00), the terms and conditions
hereof and other valuable consideration to it in hand paid, does hereby grant unto
COLLIER COUNTY, a political subdivision of the State of Florida, its agents,
contractors or assigns, whose mailing address is 3299 Tamiami Trail East, do the
Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter known as
"Licensee"), the temporary license and right to enter upon the lands of the Licensor,
more particularly described as the Easterly 300 feet of Tract R, Pelican Marsh Unit 22, o
according to the plat thereof recorded in Plat Book 31, Page 85, et seq, of the public o:
records of Collier County, Florida (described and depicted on the attached Exhibit "A"
and hereinafter referred to as the"Property"),for a period of one(1)year from the date
hereof, during construction of the improvements to the intersection of Airport Road and
Galleria Drive for the express purpose of"goring-out" the eastbound-to-northbound left
turn lane on Galleria Drive at its intersection with Airport Road (said improvements are a
as described and depicted on the attached Exhibit "B" and hereinafter referred to as
the"Improvements"). N
1, ENTRY ONTO LICENSOR'S LANDS by Licensee, shall constitute acceptance
of this Temporary License and Right of Entry, and such acceptance shall carry with it
the Licensee's promise to not unreasonably interfere with ingress and egress to
Licensor's lands or the Pelican Marsh community during the period of construction of v,
the proposed Improvements. The rights and interest granted hereunder are
conditioned upon the reasonable exercise thereof by Licensee and full compliance by
Licensee with the terms of this agreement. Licensee agrees not to unreasonably .2
interfere with Licensor's use of the Property during the pendency of the work being
undertaken by Licensee.
2. Subject to the provisions of Section 768.28, Florida Statutes, the Licensee
assumes the risk and responsibility for any loss, cost, claim, expense or injury to
property or persons occasioned by, due to or occurring during any entry by Licensee or
its contractors and during the construction of the Improvements by Licensee or its 2
contractors. Licensee also agrees to promptly repair all damage, other than those
Improvements contemplated in Exhibit"B,"that may occur to the Property and adjoining
or surrounding structures, utility facilities, roadways, sidewalks or property precipitated
by or caused by the Licensee's activity(ies), restoring same to their condition that d
existed prior to the entry or construction activity. The foregoing provisions shall survive o�
the termination of this Agreement. Notwithstanding Paragraph 6 of this agreement,
Licensee shall be provided a reasonable amount of time to restore or repair anycc
damage to the Property, and Licensor agrees to work in good faith with Licensee to
facilitate such repairs.
3. To the extent permitted by law and without waiver of either parties' claim to
immunity under §768.28, Florida Statutes, and without extending or altering the
Licensor's liability beyond the limits established in §768.28, Florida Statutes, the
Licensee agrees to maintain liability insurance in accord with the amount determined
appropriate by the Licensor's District Manager with the Licensor being named as an
"additional insured". The foregoing provisions shall survive the termination of this
Agreement.
4. Neither this agreement nor any Memorandum thereof shall be recorded in the
public records of Collier County.
5. Any litigation concerning this agreement shall be in the state court of
appropriate jurisdiction in Collier County, Florida.
6. Either party reserves the right to terminate this agreement upon the breach by
the other party of any terms stated herein by providing not less than thirty(30)business
days written notice to the other party's address written above. In the event of such
termination, if the Improvements are not complete, the Licensee shall promptly restore
the Property to the condition that existed prior to the entry or construction activity.
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7. Licensee's right of entry onto Licensor's lands is contingent upon no other
provisions, conditions, or premises other than those so stated above; and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties,or covenants not contained herein.
8. This Temporary License and Right of Entry may only be modified by written
agreement signed by both parties.
IN WITNESS WHEREOF, the Licensor and Licensee have caused these
presents to be executed in their respective names this day of
, 20_, and do hereby affirm that the individual executing same
has the authority to act on behalf of the Licensor and Licensee respectively, and does
intend that the other party rely on such authority.
w0
Signed in the presence of: PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT,a tett
community development district established a.
and created pursuant to Chapter 190 F.S.
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Witness#1:
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By:Frank Garofalo,its Chairman
(Signature)
(Printed Name of Witness#1)
Witness#2: 7.
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(Signature)
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(Printed Name of Witness#2) o.
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BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
ATTEST:
DWIGHT E.BROCK,Clerk
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By:
4.;
DONNA FIALA,Chairman
By:
,Deputy Clerk
Approved as to form and legality:
Jennifer A.Belpedio
Assistant County Attorney
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