Agenda 11/12/2019 Item #16D 3 (Right of Entry Agreement for a protion of the Rich King Greenway)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Temporary Right of Entry Agreement with Fischer Brothers
Industries, Inc., to allow a portion of the Rich King Greenway to be utilized as an access and
staging area for a Moon Lake development lake bank remediation project, at no cost to the County.
OBJECTIVE: To approve and authorize the Chairman to sign the attached Temporary Right of Entry
Agreement.
CONSIDERATIONS: Staff has been approached by Moon Lake Homeowner Association (HOA) and
their contractor, Fischer Brothers Industries, Inc. (Contractor), to utilize the Rich King Greenway
(Greenway) to complete a lake bank remediation project which Contractor is in the process of
constructing.
The Contractor has asked if they could utilize the Greenway to access two (2) of the four (4) lakes that
they need to work on for the HOA. They wish to utilize the greenway to mobilize heavy equipment, such
as dump trucks, mini excavators, wheel loaders, and site dumpers. Portions of the Greenway will be used
for the staging of materials, delivery of fill materials, and temporary storage of materials along a northern
portion of the Greenway path and east side fence.
The Greenway is approximately 2.9 miles from Radio Road to Rattlesnake Hammock Road, which
consists of a 12-foot path for walking and biking. The northern portion from Radio Road to Moon Lake is
owned by Florida Power and Light (FPL), and the portion between Moon Lake and Davis Boulevard is
county-owned with and encumbered with FPL easement. Contractor is requested to obtain written
permission from FPL to utilize and access the FPL corridor. Contractor is required to restore the surface
area of the Greenway to its original condition after work is completed.
The County acquired the southern portions from the HOA on September 15, 2009, to establish the
Greenway. In consideration for the conveyance of the Moon Lake tracts, the County provided
approximately $30,000 of fencing and landscaping plantings.
Bollards were placed at the intersections with roadways to limit vehicle access, except for FPL
maintenance vehicles and County mowing and maintenance vehicles.
FISCAL IMPACT: The total cost will not exceed $50 to record the Temporary Right of Entry
Agreement to be paid by Fischer Brothers Industries, Inc.
GROWTH MANAGEMENT IMPACT: This Item has no impact on the Growth Management Plan.
LEGAL CONSIDERATIONS: This Item has been approved for form and legality and requires majority
vote for approval. -JAB
RECOMMENDATION: To: 1) Approve the Temporary Right of Entry Agreement and authorize the
Chairman to execute on behalf of the Board of County Commissioners (Board); and 2) Authorize staff to
record the Temporary Right of Entry Agreement in the Public Records of Collier County, Florida.
Prepared By: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Facilities Management
Division and Rick Garby, CPM, Parks Superintendent, Parks and Recreation Division
16.D.3
Packet Pg. 1503
11/12/2019
ATTACHMENT(S)
1. Scanned Signed Temp ROE Agrmt 10-17-2019 (PDF)
2. PA Map (PNG)
16.D.3
Packet Pg. 1504
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 10468
Item Summary: Recommendation to approve a Temporary Right of Entry Agreement with
Fischer Brothers Industries, Inc., to allow a portion of the Rich King Greenway be utilized as an access
and staging area for a Moon Lake development lake bank remediation project, at no cost to the County.
Meeting Date: 11/12/2019
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
10/11/2019 8:37 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
10/11/2019 8:37 AM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 10/11/2019 11:00 AM
Parks & Recreation Derrick Garby Additional Reviewer Completed 10/11/2019 11:54 AM
Facilities Management Toni Mott Additional Reviewer Completed 10/17/2019 9:04 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/21/2019 12:00 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 10/22/2019 2:27 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/22/2019 2:51 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/22/2019 3:05 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/22/2019 5:23 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/23/2019 4:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 4:16 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/23/2019 4:58 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/29/2019 11:46 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 10:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.D.3
Packet Pg. 1505
ProFcl Radro Road/Oavr! Blvd Greenway
Folro Numbrrs 60605000102 60605500042 60606000059 & 258910006.7
TEMPORARY RIGHT OF ENTRY AGREEMENT
THIS TEMPORARY RIGHT OF ENTRY AGREEMENT (hereinafter referred to as
the "Agreement") is made and entered into by and between COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112 (hereinafier "Grantor"), and FISCHER BROTHERS
INDUSTRIES, lNC., a Florida corporation, whose mailing address is 1 1020 Yellow Poplar
Drive, Fori Myers, FL 33913 (hereinafter "Contractor") on behatf of the Moon Lake Home-
owners Association, lnc.
WHEREAS, the Grantor is the owner of real property located in Collier County,
Florida, identified by the Folio numbers listed above (the "County Property"); and
WHEREAS, the Contraclor has requested access to certain portions of the County
Property to facilitate the construction of the Moon Lake HOA lake bank remediation project
pursuant to South Florida Water Management District Permit and Stormwater Discharge
Certification: 11-00410-5. The Moon Lake HOA lake bank remediation prolect is
necessary as preventative maintenance to restore the existing lake embankments and
littoral shelfs.
WHEREAS, the Grantor desires to allow Contractor access to the County Property
for the stated purposes, on the terms and conditions set forth herein; and
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
are hereby mutually acknowledged. it is agreed by and between the parties as follows:
1 Contractor must receive written approval from Florida Power and Light Company,
(hereinafler "FPL") to utilize and access the FPL easement corridor. which is located
adjacent to the County Property. lf FPL does not approve, this Agreement is null and
void.
Grantor hereby grants to Contractor the temporary license and right to enter over,
upon, and across the County Property, at no cost to the Grantor, for the sole purpose
of mobilizing heavy equipment, not limited to dump trucks, mini excavators, wheel
loaders andsite dumpers. Equipment will be ulilized within the county Property for
staging of materials, delivery of fill materials, and temporary storage of materials
between the path and fence
contractor rntends to work 6 days a week, Monday through Friday. from 7 AM to 7
PM, and on Saturday, 7AM to 5 PM. These are the standard operating work hours
per Collier CountY.
Contractor plans to use 2 dump trucks to bring in fill dirt and/or rip rap stabilization
running 5 tiips each for a total of 10 truck runs daily. Each dump truck can hold234
IDF +
16.D.3.a
Packet Pg. 1506 Attachment: Scanned Signed Temp ROE Agrmt 10-17-2019 (10468 : Rich King Greenway)
56approximately 80.000 pounds of fill dirt and/or rip rap stabilization.
The Contractor shall pay for all costs of recording the Agreement upon approval of
said Agreement.
This Agreement shall be in full force and effect for ninety (90) days from the date said
Agreement is accepted by the Collier County Board of County Commissioners,
unless extended by mutual writlen agreement of the parties hereto. The Manager of
Parks and Recreation or designee is authorized to enter into such mutual written
agreements on behalf of the County for extensions of up to an additional 60 days
without further approval by the Board of County Commissroners.
Contractor shall restore the surface of the County Property to the condition existing
prior to the commencement of construction adiacent thereto. County Parks and
Recreation staff will need to be notified once Contractor is complete with renovations
of County Property for final approval.
Contractor is aware that Agreement is subiect to acceptance and approval by the
Board of County Commrssioners of Collier County. Florida
The rights granted herein are conditioned upon the reasonable exercise thereof by
Grantee, and Grantee agrees not to interfere with Grantor's use of the County
Property.
Contractor hereby undertakes to indemnify and save harmless Grantor, its respective
parent and affiliated companies, and agents, officers, directors, employees,
members, partners, successors and/or assigns (the "lndemnitees'). from any liability
or damages lndemnitees may suffer as a result of claims. suits, demands, damages,
losses, fines, penalties, interest. expenses, costs. or iudgments against them arising
out of Contractor's exercise of its right to enter the County Property for the purposes
set forth herein. This indemnification includes claims. suits, demands, damages,
losses, fines, penalties. interest, expenses, costs, or judgments arising out of
personal in.iury. property damage. environmental contamination, and any other event
in any way related to Contractor's use of the County Property for these purposes, no
matter how remote, and shall include damages of any nature. whether
compensatory, conseguential, punitive or otherwise, all costs incurred in the defense
of every claim, demand. cost or judgmenl, whether attorney fees or otherwise, and all
costs incurred by lndemnitees in the enforcement of this Agreement. and will extend
from the date of this Agreement until termination of this Agreement in writing by
either party and as provided herein Written termination of this Agreement shall in no
way limit Contractor's obligations hereunder for claims. suits, demands. damages
losses, fines, penalties. interest, expenses, costs, or iudgments of any nature. that
arise out of Contractor's use of County Property prior to the date of the termination
This provision shall not apply to any damages suffered by Grantor as a result of the
execution. recording and existence of this Agreement.
11. ln the event that contractor shall contract with any non-governmental entity to
provide services related to the purposes of the Agreement provided herein, the non-
governmental entity shall, prior to entering upon the county Property and at all times
thereafter, obtain and maintain comprehensive bodily iniury and property damage
liability insurance on a per-occurrence basrs with minimum limits of liability in an78910
9oe +
16.D.3.a
Packet Pg. 1507 Attachment: Scanned Signed Temp ROE Agrmt 10-17-2019 (10468 : Rich King Greenway)
amount of Three Hundred Thousand Dollars ($300,000.00) combined single limit,
and including a loss payable clause in favor of Grantor, naming Grantor as
Additional lnsured under the policy, and shall provide evidence of such insurance
prior to use of the County Property, Grantor which shall include a provision that the
insurance may be cancelled only upon forty-five (45) days prior written nolice to
Grantor.
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
lN WITNESS WHEREOF, the parties hereto have set their hand on this the _ day
2019Of
Grantor
ATTEST:
CRYSTAL K KINZEL,Clerk
,Deputy Clerk
App.owd 8E to form and lcaal y
Jannrfer A Bolpedro Alsrstant County Atlorney
Grantee:
BOARD OF COUNTY COMMiSSiONERS
COLLIER COUNTY,FLOR!DA
1/VILLIAM L MCDANIEL,」R,Chalrman
BY:
ヾ `ヾ
ヘ
FiSCHER BROTHERS INDUSTRIES,INC,
a Florida corporation
3 0F
16.D.3.a
Packet Pg. 1508 Attachment: Scanned Signed Temp ROE Agrmt 10-17-2019 (10468 : Rich King Greenway)
STATE OF FLORIDA
couNTY oF 0 bll t et-
The foregoing instrument was acknowledged before me this l, day of
UUQoc L_, 2019, by Johnnie J. Fischer, Jr., as President on behalf of Fischer Brothers
lndustries, lnc., a Florida corporation. He (_) is personally known to me or (il has
produced F∂″o+307∂09∂O as idenllca∥oLじ ′■メいし 4 Frdの ι5
PΠ nt Name
さ∬1黒 i評 :[鳥 e「ι63綾 。Q′
*e?e€ fi\efiTE,ureY + oF +TttnPo2キ Fv臼 9"°F16.D.3.a
Packet Pg. 1509 Attachment: Scanned Signed Temp ROE Agrmt 10-17-2019 (10468 : Rich King Greenway)
16.D.3.b
Packet Pg. 1510 Attachment: PA Map (10468 : Rich King Greenway)