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Agenda 09/10/2013 Item #16C5 9/10/2013 16.C.5. EXECUTIVE SUMMARY Recommendation to approve reimbursement for expenses incurred for revisions to Site Development Plan #8876 required to relocate an irrigation well in conflict with wastewater pump station 312.24.The total cost shall not exceed$1,400, Project Number 70046. OBJECTIVE: Obtain Right of Entry for the rehabilitation of pump station(PS)312.24. CONSIDERATIONS: On June 24, 2008, as Agenda Item 10G, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for rehabilitating lift stations. The proposed scope of work for Project 70046, "Wastewater Pump Station Technical Support,"is consistent with the 2010 Wastewater CIP Update,page 2 of 4, line 66,as identified in the 2011 User Fee Rate Study. On July 9, 2013,as Agenda Item 16C2, the Board approved the rehabilitation of PS 312.24. The scope of work included relocating an irrigation well that was in conflict with the project. The well belongs to Toll Gate Naples, LLC. Toll Gate Naples, LLC agreed to provide a Right of Entry to the Collier County Water-Sewer District to allow the work necessary to relocate the well outside of the PS 312.24 easement. The relocation of the well necessitates the property owner relinquish one parking space, which incurred costs to the property owner for changes in the design and permitting associated with the insubstantial change to their Site Development Plan (SDP). These costs, not to exceed $1,400.00, include design revision to SDP#8876, and Growth Management Division review fee of the insubstantial change to SDP #8876. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2013 Capital Budget approved by the Board on September 20,2012. The source of funding is the Wastewater User Fee Fund(414). LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for approval. -ERP GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio Governing Board of the Collier County Water-Sewer District, approve reimbursement to Toll Gate Naples, LLC for expenses incurred for revisions to Site Development Plan#8876. The total cost shall not exceed$1,400.00. Prepared By: Marlene McLaughlin, Senior Property Acquisition Specialist, Real Property Management, Department of Facilities Management. Attachments: 1-Right of Entry Instrument Packet Page -893- 9/10/2013 16.C.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.5. Item Summary: Recommendation to approve reimbursement for expenses incurred for revisions to Site Development Plan #8876 required to relocate an irrigation well in conflict with wastewater pump station 312.24.The total cost shall not exceed $1,400, Project Number 70046. Meeting Date: 9/10/2013 Prepared By Name: DeltoroZamira Title: Project Manager,Public Utilities Engineering 8/16/2013 9:25:27 AM Submitted by Title: Project Manager,Public Utilities Engineering Name: DeltoroZamira 8/16/2013 9:25:28 AM Approved By Name: CampSkip Title: Director-Facilities Management,Facilities Manage Date: 8/16/2013 10:11:55 AM Name: JohnssenBeth Date: 8/16/2013 11:36:46 AM Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 8/16/2013 11:36:59 AM Name: Amia Marie Curry Date: 8/21/2013 1:38:44 PM Name: JacobsSusan Packet Page -894- 9/10/2013 16.C.5. Title: Operations Analyst,Public Utilities Date: 8/21/2013 2:34:53 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 8/21/2013 3:38:06 PM Name: Mott Toni Title: Manager-Property Acquisition&Const M,Facilitie Date: 8/21/2013 7:23:00 PM Name: PajerCraig Title: Project Manager, Senior,Public Utilities Engineeri Date: 8/22/2013 8:20:41 PM Name: YilmazGeorge Title: Administrator,Public Utilities Date: 8/23/2013 8:54:57 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/23/2013 11:54:26 AM Amist Name: KlatzkowJeff Title: County Attorney Date: 8/23/2013 2:43:17 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/28/2013 10:14:07 AM Name: OchsLeo Title: County Manager Date: 8/29/2013 5:09:20 PM Packet Page-895- 9/10/2013 16.C.5. Project: Fence to Fence Group I—P.S.312.24 Folio No.:76885100561 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that TOLL GATE NAPLES,LLC, a Florida limited liability company,whose mailing address is 3845 Beck Boulevard, Naples,Florida 34114,(hereinafter known as"Grantor") for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its agents, contractors, successors or assigns,whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, hereinafter known as "Grantee," the temporary license and right to enter upon the lands of the Grantor to excavate and place or remove materials, including, but not limited to,wastewater lines and pipes,and other equipment,utilities or improvements appurtenant thereto for the purpose of constructing, replacing, rehabilitating, improving, and testing utility facilities within easement area located upon said lands.Lands of the Grantor subject to this Right of Entry are described as follows: Tract 24,Tollgate Commercial Center,Phase Three and a portion of tract"A"vacated private right of way,vacated by Resolution 06-227 in O.R. Book 4109,Page 3918,a subdivision according to the plat thereof as recorded in Plat Book 22,Pages 95 through 100 of the Public Records of Collier County,Florida. ALL RIGHT AND PRIVILEGE herein granted shall expire upon completion of the rehabilitation of Pump Station 312.24. 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 aforementioned lands, and agrees to provide Grantor with advance notice when exercising its rights hereunder. At the conclusion of the construction activities, Grantee shall restore the surface of the lands to the condition existing prior to the commencement of construction,replacement and testing. IN WITNESS WHEREOF,the Grantor has caused these presents to be executed this day of ,2013. DATED: TOLL GATE NAPLES,LLC a Florida limited liability company By: Witness(Signature) Paul R.Hardy,Manager Name: (Print or Type) Witness(Signature) Name: (Print or Type) STATE OF COUNTY OF The foregoing Right of Entry was acknowledged before me this day of ,2013 by Paul R.Hardy,Manager,on behalf of Toll Gate Naples,LLC,a Florida limited liability company,who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of ,2013. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: Packet Page -896-