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Agenda 09/29/2009 Item #16C 1 Agenda Item No. 16C1 September 29, 2009 Page 1 of 5 EXECUTIVE SUMMARY I Recommendation to approve the Right of Entry form to document Collier County's agreement with Icertain private property owners for improvement of private driveways for the purpose of providing turnarounds for Waste Management Inc. of Florida's trucks in areas that do not provide adequate turnaround access on public roads, as provided for in the Franchise A:~reement between Collier County and Waste Management Inc. of Florida, at an estimated (~ost not to exceed $4,000, Project 59001. OBJECTIVE: The public purpose of this project is to provide adequate turnaround access for garbage and recycling collection trucks where none exists on public roads by reinforcing private driveways to create a safe area for the trucks to maneuver, and to document the authorization from the private property owner for the use and improvement of the driveways. - CONSIDERATION: The Public Utilities Solid Waste Management Department is responsible for providing solid waste collection and disposal services countywide. In certain areas of the county, there are dead-end streets that do not have adequate turnaround space for large garbage collection trucks. At these locations, it is necessary to gain property owner permission to use their driveway as a turnaround. As part of this arrangement with the property owner, a Right of Entry Agreement ("Agreement") is needed to contract the use of the private driveway as a turnaround and to make necessary improvements to reinforce the driveway to handle large heavy vehicles. The Agreement ensures the accurate documentation of the agreed upon use of the driveway by the County and its contractor. It also allows the County the right to make the needed improvements for heavy trucks and ensures the continued use of the designated driveways should the property be sold in the future. The County currently designates driveways as turnarounds, and reinforces them as necessary. In a few instances, reinforcements paid for by the County have not been recognized by the new owners of end-of-street properties and they have been reluctant to allow disposal trucks to continue using the turnaround. A more comprehensive binding agreement has been developed to ensure a long-tenn solution to the need to collaborate with private citizens for the use and improvement of their driveways. This Agreement is consistent with the County's Franchise Agreement with Waste Management Inc. of Florida, Section 5.15.4 which states: "However, if the use of a private driveway is authorized in writing by the Director, the County shall be responsible for the repair of such driveway, provided that Contractor uses the driveway in compliance with any conditions and limitations contained in the Director's authorization." This portion of the Agreement requires the County to provide for appropriate turnarounds where required. Staff recommends that the County enter into these Rights of Entry, binding agreements, with the private property owners and proceed with installation of reinforced driveways at no cost to the property owners. Continued maintenance will be the responsibility of the County. The attached Agenda Item No. 16C 1 September 29, 2009 Page 2 of 5 Right of Entry form has been reviewed and approved by the County Attorney's Office and by the Public Utilities Division. FISCAL IMP ACT: The cost to record each Right of Entry will be $10 for the first page and $8.50 for each successive page. Each Right of Entry should range from one to three pages. Funds are available in the FY09 budget for this action in Project 59001. The FY09 budget was approved by the Board of County Commissioners on September 18, 2008. Funds are available in the Solid Waste Capital Fund 474. GROWTH MANAGEMENT IMP ACT: The creation of the Right of Entry form is in compliance with the Growth Management Plan that provides for collection of waste county- wide, as well as increased recycling and reuse of the solid waste stream. The continuation of the driveway reinforcement program ensures safety to the public and our collection services contractor. Additionally, the Board-approved Integrated Solid Waste Management Strategy provides 32 options, which include increased recycling county-wide and to save valuable airspace; further promotes environmental stewardship and provides for best value collection and disposal services to Collier County. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a regular item requiring a majority vote. -JBW RECOMMENDATION: That the Board of County Commissioners: 1. Approve the standard form of Right of Entry, attached. 2. Authorize the Public Utilities Division to proceed with solicitation and obtaining permission to use specific private driveways to serve as safe turnarounds for Collier County or its agent's trucks to facilitate providing solid waste collection services, and to obtain each private property owners' consent to enter into these Agreements after approval of each as to "form and legal sufficiency" by the County Attorney's Office. 3. Accept each signed Agreement and direct the County Manager or his designee to record these Rights of Entry in the Public Records of Collier County, Florida. PREPARED BY: Sue Jim Zimmerman; Property Acquisition Specialist; Real Property Management, Department of Facilities Management I l'age 1 or L Agenda Item No. 16C1 September 29, 2009 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 Item Summary: Recommendation to approve the Right of Entry form to document Collier Countys agreement with certain private property owners for improvement of private driveways for the purpose of providing turnarounds for Waste Management Inc. of Floridas trucks in areas that do not provide adequate turnaround access on public roads, as provided for in the Franchise Agreement between Collier County and Waste Management Inc. of Florida, at an estimated cost not to exceed $4,000, Project 59001. Meeting Date: 9/29/2009 9:00:00 AM Prepared By Sue Zimmerman Property Acquisition Specialist Date Administrative Services Facilities Management 8/26/2009 5:02:21 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 8/27/2009 9:25 AM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 8/27/2009 12:28 PM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 8/27/2009 3:09 PM Approved By Peter Lund Operations Analyst Date Public Utilities Public Utilities Operations 8/27/20093:22 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/28/2009 3:51 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/1/2009 10:54 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney Office 9/1/200911:01 AM Approved By Daniel R. Rodriguez Solid Waste Director Date file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16C. PUBLI... 9/23/2009 Page 2 of2 Agenda Item No. 16C1 September 29, 2009 Page 4 of 5 Public Utilities Solid Waste 9/9f2009 5:02 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/11/20098:21 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/15f2009 7:30 AM Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 9/19/20099:25 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 9/19/2009 10:14 AM Commissioners I .-. file://C:\Agendatest\export\ 135-September 29. 2009\ 16. CONSENT AGENDA \ 16C. PUBLT... 9/23/2009 Agenda Item No. 16C1 PROJECT: Designated Driveways September 29, 2009 Folio: Page 5 or 5 i ! RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that , , whose post office address is , hereinafter known as "Grantor", his successors and assigns, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to them in hand paid, do hereby grant unto the COLLlE:.R COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors, assigns, agents, or contractors hereinafter known as "Grantee", the temporary license and right to enter upon the lands of the Grantor, as described in Exhibit "A", which is attached hereto and made a part hereof, to place or remove materials in order to reinforce Grantor's driveway, including but not limited to, concrete, drainage structures and other equipment, appurtenant thereto for the purpose of constructing and maintaining a designated driveway thereon for use by Collier County and/or its agent Waste Management Inc. of Florida as a turnaround facility for bi-weekly pick-up of solid waste, garbage, refuse and recycling on (street). Such is part of the Designated Driveways project which is being performed throughout Collier County to ensure long-term reliability of turnaround locations. - ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect until terminated in writing by the Grantor, his successors and assigns on the lands of the Grantor described in Exhibit "A." This Right of Entry shall run with the land. 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 lands described in Exhibit "A", and agrees to provide Grantor with advance notice when exercising its rights hereunder. Grantee further agrees that it shall, at the Grantee's cost, repair any surface damage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. IN WITNE:.SS WHEREOF, the Grantor has caused these presents to be executed in his name this day of ,2009. Witness (Signature) Name: (Print or Type) Grantor Witness (Signature) Name: (Print or Type) STATE OF COUNTY OF The foregoing Right of Entry was acknowledged before me this day of , 2009, by (Grantor), who is personally known to me or who has produced as identification. (Affix Notarial Seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # My Commission Expires: to r",t'i, I.... t~UoJ 5LdUc(€J\cy .;pp((\ved tb. ,,-,' ~ -. tArt 15QunW Attorney l-0""'" ' 'L I -\ C -i: (2- p. ~\)~ :S-~,,"i(-J \ r C:\Documcnl.s and Settings\belpcdiojcnnifcr\Local Settings\Tcmporo.ry Internet Files\OLK17D\Right of Entry fonn.doc I