Agenda 04/10/2012 Item #16A 54/10/2012 Item 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve a Right -of -Entry Agreement with the Collier County School
District to allow for connection of a proposed sidewalk on Bayside Street with the existing
sidewalk on the Shadowlawn Elementary School property. Fiscal Impact: $27 Project:
69081.
OBJECTIVE: To connect the sidewalk proposed for Bayside Street with the existing sidewalk
running along the southern boundary of the Shadowlawn Elementary School property
CONSIDERATIONS: The construction of a sidewalk on the west side of Bayside Street,
between US -41 and Shadowlawn Elementary School is being proposed as part of a Local Area
Participation (LAP) grants project administered by the State of Florida Department of
Transportation. Connecting to the existing sidewalk along the southern boundary of
Shadowlawn Elementary School would provide connectivity of the sidewalk system surrounding
the school.
In order to connect the sidewalks, a new opening in the schools fence will be necessary to line up
the existing sidewalk with the proposed sidewalk along the west side of Bayside Street. The
connection of the two sidewalks requires entry onto School District property to perform the
work. Hence, a Right -of -Entry Agreement has been proposed in order to memorialize the
understandings of the parties.
FISCAL IMPACT: Recording the Right -of Entry Agreement in the public records will cost
$27.00 which will be paid from gas taxes.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this recommendation.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for Board approval. -JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1) Approve the attached Right -of Entry Agreement in concept, and authorize its
Chairman to execute same on behalf of the Board once it has been executed by the
School Board chairman (after School Board approval at their March 13, 2012 board
meeting) and then reviewed and approved by the County Attorney;
2) Authorize the County Manager or his designee to record said fully executed
agreement in the public records of Collier County, Florida
Prepared By: Kevin Hendricks, Right -of -Way Acquisition Manager
Attachments: (1) Right -of -Entry Agreement with exhibit; (2) Location Map
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5.
4/10/2012 Item 16.A.5.
Item Summary: Recommendation to approve a Right -of -Entry Agreement with the Collier
County School District for to allow for connection of a proposed sidewalk on Bayside Street with
the existing sidewalk on the Shadowlawn Elementary School property. Fiscal Impact: $27
Project: 69081.
Meeting Date: 4/10/2012
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
3/8/2012 11:45:52 AM
Submitted by
Title: Manager - Right of Way,Transportation Engineering
Name: HendricksKevin
3/8/2012 11:45:54 AM
Approved By
Name: NauthRookmin
Title: Management /Budget Analyst,Transportation Administr
Date: 3/12/2012 11:57:11 AM
Name: Daniel Hall
Title: Project Manager, Senior,Transportation Engineering
Date: 3/12/2012 2:42:26 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 3/21/2012 9:17:20 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 3/21/2012 3:38:24 PM
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4/10/2012 Item 16.A.5.
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 3/22/2012 1:45:25 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 8:23:55 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 8:24:43 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/29/2012 9:33:05 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/29/2012 4:26:54 PM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 3/30/2012 9:08:49 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 3/30/2012 12:26:43 PM
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4/10/2012 Item 16.A.5.
LOCATION MAP
BAYSIDE STREET SIDEWALK LAP PROJECT
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4/10/2012 Item 16.A.5.
PROJECT: Bayside Street Sidewalk Construction
LAP Project No. 429915 -1
RIGHT -OF -ENTRY AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into on this day of , 20 , by and between the
DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose mailing address is 5775
Osceola Trail, Naples, Florida 34105 (hereinafter referred to as "Licensor "), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "Licensee ").
WITNESSETH:
WHEREAS, Licensee has requested that Licensor convey to Licensee a
Temporary License and Right -of -Entry over, under, upon and across the lands depicted
in Exhibit "A" (attached hereto) for the purpose of extending Licensee's proposed
sidewalk along the west side of Bayside Street such that it will connect to the existing
sidewalk on the Shadowlawn Elementary School property, and relocating the opening in
the existing chain link fence so that it lines up with the new sidewalk; and
WHEREAS, Licensor recognizes the benefit to Licensor and desires to convey the
Right -of -Entry to the Licensee for the stated purposes.
NOW, THEREFORE, in consideration of the aforesaid premises, it is agreed by
and between the parties as follows:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Licensor hereby grants a Right -of -Entry to Licensee, sufficient to make the
aforesaid sidewalk connection and to relocate the fence opening over the
proposed sidewalk.
3. Licensee shall construct the sidewalk and relocate the fence opening on Licensor's
lands in substantial conformance with the drawing attached hereto as Exhibit "A."
4. Both Licensor and Licensee agree that the rights and interest granted hereunder
are conditioned upon the reasonable exercise thereof by Licensee. Licensee
shall not unreasonably interfere with Licensor's use of the existing sidewalk during
the period of construction. 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.
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4/10/2012 Item 16.A.5.
5. This right of entry upon Licensor's lands shall terminate upon the completion of the
sidewalk construction and fence relocation described above.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on
the date first above written.
AS TO LICENSEE:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO LICENSOR:
DATED:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AN
Chairman
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
Last Revised: 03/30/11 ( CHA^�(,7.-'E TH I S DA'L'E V;- 'H N'1/ P.�'V'T ti OtT T O TH7 —S DOCUMENT.
—Ar
REMEMBER TO MAKE THE SAME REVISION(S) IN THE .1 -=GRAPH TE MPI—AT=
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DO—�IIMENT'
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4/10/2012 Item 16.A.5.
Assistant County Attorney
Last Revised: 03/30/11 [CHANGE THIS. DATE WITH Al C"01,T TF, THIS D(D-CUMENT
REMEMBER TO °_ k1 THE S,2�MZ T;77 IT S Ojj (F
IN-l' THE CARTEGRAPH TE 'PI ATE:
DOCTIMENT'i
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4/10/2012 Item 16.A.5.
RIGHT -OF -ENTRY EXHIBIT "A"
SHADOWLAWN ELEMENTARY SCHOOL PROPERTY
RELOCATE
FENCE
OPENING
------------------------ - - - - -- --- - - - - -- -------------------------------------------------------
-- - - -- -- EXISTING SIDEWALK
EXISTING FENCE
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