Agenda 10/23/2018 Item #16D1110/23/2018
EXECUTIVE SUMMARY
Recommendation to grant Standing Oaks, LLC permission to temporarily access County property
at the Vineyards Community Park to facilitate the installation of a water line and sanitary force
main.
OBJECTIVE: To enter into an agreement which will grant Standing Oaks, LLC a temporary
construction easement (TCE) over, upon, and across certain Vineyards Community Park property to
facilitate the installation of a water line and sanitary force main that will service the intended Standing
Oaks development project. The water line and force main will be installed in right -of-way lands adjacent
to the park.
CONSIDERATIONS: Standing Oaks, LLC is requesting the right to temporarily access certain
Vineyards Community Park property to perform work relative to their intended project.
The Temporary Construction Agreement is an agreement that requires Standing Oaks, LLC to: a)
commence construction on a date that is acceptable to Parks and Recreation, b) complete all work within
ten (10) days of the of the construction start date, c) repair, restore, or replace any damage caused to
County property, d) indemnify and hold the County harmless from all claims and damages, and e)
maintain a commercial general liability policy which names the County as an additional insured.
The Temporary Construction Easement Agreement document has been reviewed and approved by Parks
and Recreation and the County Attorney’s Office. A location map is attached.
FISCAL IMPACT: The total cost of recording the Temporary Construction Easement Agreement shall
be paid by Standing Oaks, LLC or their representative.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board action. - JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan.
RECOMMENDATION: To:
1. Approve the attached Temporary Construction Easement Agreement;
2. Authorize the Chairman to execute the Temporary Construction Easement Agreement; and
3. Direct the County Manager or his designee to follow all appropriate procedures, and to record the
Temporary Construction Easement in the Public records of Collier County, Florida.
Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management
ATTACHMENT(S)
1. TCE Agreement (PDF)
2. TCE (PDF)
3. Location Map (2) (DOCX)
16.D.11
Packet Pg. 1228
10/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Doc ID: 6506
Item Summary: Recommendation to grant Standing Oaks, LLC permission to temporarily access
County property at the Vineyards Community Park to facilitate the installation of a water line and sanitary
force main.
Meeting Date: 10/23/2018
Prepared by:
Title: – Facilities Management
Name: Jay Malamphy
09/14/2018 8:11 AM
Submitted by:
Title: Deputy Department Head – Public Utilities Department
Name: Dan Rodriguez
09/14/2018 8:11 AM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 09/14/2018 9:01 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 09/17/2018 8:22 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/17/2018 11:12 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/01/2018 4:22 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/02/2018 11:04 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/09/2018 10:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/09/2018 1:23 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/10/2018 10:39 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/11/2018 10:04 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/15/2018 12:28 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
16.D.11
Packet Pg. 1229
PROJECT S●nd!ng o8k3
FOL10 307●819夕 X“
TEMPOMRY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPOMRY CONSTRUCTION EASEMENT AGREEMENT ('Agreement")
is made and entered by and between COLLIER COUNTY, a political suMivision of the
Stale of Florida, ("County") whose mailing address is 3335 East Tamiami Trail, Suite '101 ,
Naples, Florida 34112 and Standing Oaks, LLC, a Florida limited liability company,
("Developer'), whose mailing address is 6301 Shirley Skeet, Naples, FL 34109.
WHEREAS, the County owns lands described in Exhibit "A" ("Property"), which is
attached hereto and made a parl of this Agreement; and
WHEREAS, lhe Developer has requested that County grant to Developer a
Temporary Construction Easement as described in Exhibit "B" ("Easement"), which is also
attached hereto and made part of this Agreement. The pupose of the Easement is to
provide Developer with the access and righl to enter over, upon, and across the Property
to facilitate Developer's inslallation of a water line and sanitary force main on adjacent
right-of-way lands, and
WHEREAS, the County desires to convey a Temporary Construction Easement to
the Developer for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Developer has agreed to the terms and conditions set forth herein;
and
NOW THEREFORE, in consideration of the foregoing, the sum of Ten Dollars
($10.00), and other good and valuable consideration. the rec€ipt and sufficiency of which
are hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. County shall grant Developer an Easement over, upon, and across the property.
The Easement shall expire within the sooner of 10 days from he effective date of this
Agreement, or upon Developer's completion of construction on the adjacent right-of-way
lands ("Construction Period'). lf necessary, the Easement may be extended in writing by
mutual agreement between County and Developer. The effeciive date shall be the date
on which the Developer and County have mutually agreed to a construction start date.
2. Developer acknowledges that a portion of the County recreational fields will be
closed during the Construction Period and that time is of the essence to complete
construction within the construclion Period. Failure to complete construction and remove
all equipment and restore Coung lands within the Easernent area prior lo expiration of
the Construclion Period shall, at the County's sole option, result in immediate temination
of this Agreement and Easement.
16.D.11.a
Packet Pg. 1230 Attachment: TCE Agreement (6506 : Standing Oaks TCE Agreement)
3. Developer shall pay all costs for recording the Easement, as well as any other costs
associaled with the Easement.
4. Developer is aware of and underslands that this Agreement is subrect to acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Developer shall provide the construction superintendent's name and phone number
to County staff prior to entering the Property. Developer shall not commence any work
or enter the Property until Developer and County agree to a mutually acceptable date to
commence construction and enter Property. Developer shall coordinate construction
activities with County, and shall provide a list of all conlractors that are to enter the
Property, and shall only hire or engage conlractors that are licensed and insured.
Developer shall locate all underground utilities prior to commencement of construction.
6. Prior to completion of construction and within the Consiruction Period, Developer
and/or its designee shall retum impacled areas of the Property to preconslruction
conditions or better. Developer and/or its designee will repair or replace any hardscape
or landscape surface and/or trees and landscaping, and/or fencing which have been
removed or damaged with the same or equivalent materials, and to the satisfaction of
County. Developer shall compacl soils and perform density lesting wherever Developer
has removed soil or performed earthwork on Property.
7. Developer shall indemnify, defend, save and hold harmless the County against and
from, and agrees to reimburse the County with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal and
attorney fees and expenses whether in court, out of court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incuned by or asserted against the County.
Thls provision shall survive Closing.
8. Developer shall be responsible for obtaining, at Developer's sole cost and expense,
a commercial general liability policy that shall name County as an additional insured.
Commercial general liability limits shall not be less than Five Hundred Thousand Dollars
($500,000.00) per occurrence. Developer shall provide County wilh a copy of the
foregoing policy or with a certificate o{ insurance prior to the commencement of Work,
and shall furlher provide evidence of renewals of the same prior to the expiration thereof.
9. Should Developer be in default of any lerms or conditions of this Agreement, the
Easement shall terminate immediately, and Developer or its contractors, guests, and
representalives, shall have no right to enter the Property.
10. This Agreemenl is governed and construed in accordance with lhe laws of the
State of Florida.
1 I . This Agreement and the terms and provisions hereof shall be effective as of the
date the Easement has been recorded and the parties have mutually agreed to a
construclion start date, and shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, personal representatives, successors,
successor trustee, and assignees whenever the context so requires or admits.
(signatures on following page)
16.D.11.a
Packet Pg. 1231 Attachment: TCE Agreement (6506 : Standing Oaks TCE Agreement)
lN W「NESS WHEREOF,the parties hereto have executed this Temporary Construction
Easement Agreement on this______day Of ,2018
Dated ProlectlAcqulsnion Approved by BCC:
AS TO COUNTY:
DATED:
ATTEST:
CRYSTAL K KiNZEL,:NTER:M CLERK
, Deputy Clerk
AS ttO DEVELOPER:
W:TNESSES:
Approved as to form and legality:
BOARD OF COUNTY COMM:SsioNERS
COLL!ER COUNIY,FLOR:DA
Andy SO∥s,Chairman
Standing oaks,LLC,
a Flonda∥mited∥abilty∞mpany
BY:
Name:
Tile:
BY:
Ftrgru Lplgnrvo
Jennifer A. Belpedio, Assistant County Attomey
16.D.11.a
Packet Pg. 1232 Attachment: TCE Agreement (6506 : Standing Oaks TCE Agreement)
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16.D.11.a
Packet Pg. 1233 Attachment: TCE Agreement (6506 : Standing Oaks TCE Agreement)
PRO」ECT Standing Oa峰
FOL10:307001951104
EXH:B:TB
TEMPORARY CONSTRUCT10N EASEMENT
TH:S EASEMENT is made and entered into this___,day of ,2018,by COLttER
COUNTY,a poiltical subdivlsion of the State of Flo"da,whose rnal:ing。術ce address is 3335 East
Tamiami Tra∥,Sune lol,Naples.Flonda 34112(hereinafter reFerred tO as“Grantor'),and
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WITNESSETH:
Grantor, for and in consideration Of TEN DOLLARS (S1000)and Other valuable
consideraton Pald by the Grantee,receipt and suttclency of which is hereby ackno哺 edged,
hereby conveys,grants,bargains and se∥s unto the Grantee,a txmpOrary∥cense and plvi!ege
to enter upon the followlng descnbed lands located in Co∥ier County,Flollda,to wit:
SEE AT「ACHED EXH:B:T'ソ ヽ"SutteCttO easements,restnctions,and reservatbns of record
TH:S:S NOT HOMESTEAD PROPERTY
This Easementis granted fo「the express purpOse of providing Grantee temporary access
to Grantors lands descrbed in Exhiblt“A',to faci∥tate Crantee's insta∥ation of a water:ine and
santary force main on adlacent ngh卜 o「way lands to service Crantee's intended Standing oaks
deve:opment prolect This Easement sha∥expire and terminate wtthin the Sooner of 10 days
from the effective date of the Temporary Easement Agreement or upon Developer's
∞mp!etion of construction on the adiacent“ght‐o「way lands
lN WiTNESS WHEREOF,the GRANTOR has caused these presents to be executed the
day and year「rst above wrltten
AttEST: BOARD OF COUNTY COMMISS10NERS
CRYSTAL K K:NZEL.lNTERiM CLERK COLL:ER COUNTY,FLOR:DA
,Deputy Clerk
Approved asto fom and i●gality:
ANDY SOLiS,Chairrnan
BY:
Jennifer A Belpedio, Assistanl County Attomey
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16.D.11.a
Packet Pg. 1234 Attachment: TCE Agreement (6506 : Standing Oaks TCE Agreement)
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RECOROS OF COTIIER COUNTY, FTORIDA
16.D.11.a
Packet Pg. 1235 Attachment: TCE Agreement (6506 : Standing Oaks TCE Agreement)
PRO」ECTI Stand ng Oaks
FOL10: 80708495004
TEMPORARY CONSTRUCT10N EASEMENT
THIS EASEMENT is made and entered into this___,day of ,2018,by COLLIER
COUNTY,a political subdivision ofthe State of Florida,whose mai∥ng office address is 3335 East
Tamianli Trail, Sulte 101, Naples, Florida 34112(hereinafter referred to as・ Grantor), and
Standing oaks, LLC,a Florida∥mited∥abinty company,whose ma∥ing address is 6301 Shirley
Street,Naples,FL 34109,(hereina■er refered to as"Grantee")
αVherever used herein the terrns・ Crantor and・ Grantee'are used for singula「。r plural as the context requires,and nclude
a∥the parties to this instrument and their respective heirs,legal representatives,successors and assigns)
WITNESSETH:
Grantor, for and in considera∥on of TEN DOLLARS (S1000)and Other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged,
hereby conveys,grants,bargains and se∥s unto the Grantee,a temporary license and priv∥ege
to enter upon the fo∥owing described lands located in Co∥ier County,Florlda,to wit:
SEE AttACHED EXHIBIT"A"
Sublectto easements,restnctiOns,and reservalons of record
THiSiS NOT HOMESTEAD PROPERTY
This Easementis granted forthe express purpose of providing Grantee temporary access
to Grantor's lands described in Exhibit“A",to faci∥tate Grantee's insta∥ation of a waterline and
santary force main on adlacent nght_。「way lands to service Grantee's intended Standing oaks
development prolect This Easement sha∥expire and terminate within the Sooner of 10 days
from the effective date of the Temporary Easement Agreement or upOn Deve!oper's
completion of construction on the adiacent right―of―way lands
lN VVITNESS WHEREOF,the GRANTOR has caused these presents to be executed the
day and year lrst above written
AT「EST: BOARD OF COUNTY COMM!SS10NERS
CRYSTAL K K!NZEL,INTER!M CLERK COLLIER COUNTY,FLOR:DA
,Deputy Clerk ANDY SOLIS,Chairlnan
BY:
Approved as to form and legality:
Jennif@^O)-O-
?4-
16.D.11.b
Packet Pg. 1236 Attachment: TCE (6506 : Standing Oaks TCE Agreement)
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16.D.11.b
Packet Pg. 1237 Attachment: TCE (6506 : Standing Oaks TCE Agreement)
Location Map
Standing Oaks
16.D.11.c
Packet Pg. 1238 Attachment: Location Map (2) (6506 : Standing Oaks TCE Agreement)