Backup Documents 11/12/2019 Item #16D 3 79;;; ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 0 3
� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
4-.
h pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
ime the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB 12/20/19
4. BCC Office Board of County
Commissioners \f A--/
5. Minutes and Records Clerk of Court's Office IZI4 i 2,4
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Cindy Erb,Real Property Management 252-8917
Contact/Department
Agenda Date Item was 11/12/19 Agenda Item Number 16-D-3
Approved by the BCC
Type of Document Temporary Right of Entry Agreement Number of Original One
Attached Documents Attached
PO number or account See Attached
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. -. (Initial) Applicable)
1. Does the document require the chairman's original signa .e STAMP OK JAB
2. Does the document need to be sent to another agency for a.•'tional signature If yes, JAB
provide the Contact Information(Name;Agency;Address; Pho : •. ched sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAB
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. Some documents are time sensitive and require forwarding
to Tallahassee within a certain time frame or the BCC's actions are nullified. Be
aware of your deadlines!
8. The document was approved by the BCC on 11/12/19 and all changes made during JAB N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. �'is line.
9. Initials of attorney verifying that the attached document is the version approved by the is not
BCC,all changes directed by the BCC have been made,and the document is ready for th � an iption for
Chairman's signature. • s line.
[04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
Memorandum
i6 03
TO: Minutes & Records
FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management
DATE: November 15, 2019
RE: Moon Lake/Rich King Greenway - Temporary Right of Entry Agreement
This item was accepted by the BCC on November 12, 2019, Agenda Item 16D3.
Please attest to Commissioner McDaniel's signature as Chairman on the Temporary Right of
Entry Agreement.
Once attested, please forward the Temporary Right of Entry Agreement to the Recording
Department for recordation. A recording form is attached.
Please contact me if you have any questions or comments at Extension 8917.
Thank you!
INSTR 5806997 OR 5709 PG 1442
RECORDED 12/23/2019 7:16 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
a•o;ect Rat()Road,Davis Blvd Greerway REC$35.50
01'0 Numbers 60605000102 60605500042 60606000059&25891000647
TEMPORARY RIGHT OF ENTRY AGREEMENT 1 6 D 3
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 (hereinafter "Grantor). and FISCHER BROTHERS
INDUSTRIES, INC., a Florida corporation. whose mailing address is 11020 Yellow Poplar
Drive. Fort Myers. FL 33913 (hereinafter"Contractor") on behalf of the Moon Lake Home-
owners Association, Inc.
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 Contractor 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-S The Moon Lake HOA lake bank remediation project 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
(510.00), 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.
(hereinafter"FPL') to utilize and access the FPL easement corridor, which is located
adjacent to the County Property. If FPL does not approve, this Agreement is null and
void.
2. 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 and site dumpers. Equipment will be utilized within the County Property for
staging of materials, delivery of fill materials. and temporary storage of materials
between the path and fence.
3 Contractor intends 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.
4. Contractor plans to use 2 dump trucks to bring in fill dirt and/or rip rap stabilization
running 5 trips each for a total of 10 truck runs daily. Each dump truck can hold
L,)
1603
approximately 80.000 pounds of fill dirt and/or rip rap stabilization.
5. The Contractor shall pay for all costs of recording the Agreement upon approval of
said Agreement
6. 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 written 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 Commissioners.
7. Contractor shall restore the surface of the County Property to the condition existing
prior to the commencement of construction adjacent thereto. County Parks and
Recreation staff will need to be notified once Contractor is complete with renovations
of County Property for final approval.
8. Contractor is aware that Agreement is subject to acceptance and approval by the
Board of County Commissioners of Collier County. Florida
9. 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
10. 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 "Indemnitees'). from any liability
or damages Indemnitees may suffer as a result of claims, suits. demands. damages.
losses, fines, penalties. interest. expenses. costs, or judgments 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 injury, 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. consequential. punitive or otherwise. all costs incurred in the defense
of every claim, demand cost or judgment, whether attorney fees or otherwise, and all
costs incurred by Indemnitees 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 judgments 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 In 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 injury and property damage
liability insurance on a per-occurrence basis with minimum limits of liability in an
0
c)F Lf
16D3
amount of Three Hundred Thousand Dollars (5300.000.00) combined single limit.
and including a loss payable clause in favor of Grantor, naming Grantor as
Additional Insured 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 notice to
Grantor.
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
i..?-1.S
IN WITNES WHEREOF the parties hereto have set their hand on this thee day
of -ft . 2019 _
Grantor:
•
ATTEST: , BOARD OF COUNTY COMMISSIONERS
CRYSTAL K KINZEL. Clerk COLLIER COUNTY, FLORIDA
e
Q
.._,.3.-- ,S57
l�1Gl._ BY: .. ° / : _...
ttest as'to' Chainwety Clerk WILLI L. MCDANIEL, JR , Chairman
signature Only.
r'
AocveC as to form in,egai;ty
II II
Ab1 C.\__
Je^ • . A Betpe.,o A nt CDu y Att::r'•ey () N. \�
Grantee:
f.,.:4:4_6, .
,.. „` , (_ ,- < __ FISCHER BROTHERS INDUSTRIES. INC.,
z, ±ure, I a Florida corporation
r;r111II!%arne!
/ i�
rly= ! �fnt ,�
It
s=gn re;( �,__ .___�•
_.___.___` Johnnie J F sc ier, J resident
l,(..f Ci 11:-i--fLffin"-(-.
;7•nt Parcel . ✓
*C
:) 0 i= 4
}
16D3
STATE OF FLORIDA
COUNTY OF Obit , iL-
The foregoing instrument was acknowledged before me this f i day of
C.)C.-(G' ''a-- 2019. by Johnnie J. Fischer, Jr , as President on behalf of Fischer Brothers
Industries. Inc . a Florida corporation. He (_^) is personally known to me or has
produced Fatio-f3o 7L o 1 o as identificatio
`\`,```� A. F11111}IIIIdIiIN/ Li LI f >r7 C 7t _..
s,
_ 7 pT4R�Q,', nature
My Comm.Expires yI N= t Lr Air�1 C F I2Q f� r1 C.
Aug.21.2023
Na-le
Comm.AGG368O91 = NOTARY PUBLIC
s> pUBL�G �P� Commission Number: C-1 E�(r, q /
44.0FFIL����`���
rrrh
A l/�T e ro r 1
tr�r��'urZ�tRt/ Ski CSF