HomeMy WebLinkAboutIII (D) Approval and Adoption of thr General Right-of-Entry Form Agenda 9-19-2000
Item III D
FOLEY & LARDNER
ATTORNEYS AI LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32802-2193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SURE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 32801-23B6 TALLAHASSEE
MADISON TELEPHONE. 14071 42 3-765 6 TAMPA
MILWAUKEE FACSIMILE'. (407)648-I 743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407)423-7656
EMAIL ADDRESS CLIENT/MATTER NUMBER
mdoty@foleylaw.com 020377-0516
MEMORANDUM
TO: The Honorable Mayor and City Commissioners{ of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney µJ IJ
THROUGH: Paul E. Rosenthal, City Attorney
DATE: September 13, 2000
RE: Right of Entry Form Agreement
From time to time the City staff and its outside engineers and consultants have needed
to access certain properties located within the City but not owned by the City for purposes of
conducting soil borings and samplings. Such soil analysis is generally necessary to determine,
prior to acquisition, if certain properties are suitable for proposed city projects such as road
right-of-way and retention ponds. Although Florida Statutes grants surveyors the right of
entry to all private property for the purpose of conducting surveys, there is no such law that
grants access for soils analysis. On various projects, City staff has approached property
owners about granting such access. Some owners have agreed but others have requested that
the City sign an indemnification agreement first.
Attached is a proposed general Right of Entry Form designed to be used in these
situations. It is also drafted broadly enough to cover situations where the City needs access to
private property to do wetland and wildlife analysis. The agreement contains an
indemnification paragraph consistent with Florida law.
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006.193597.1 ( y
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FOLEY & LARDNER
The Honorable Mayor and City Commissioners
September 13, 2000
Page 2
We recommend that the City Commission approve this form document generally and
grant to the Mayor the authority to execute individual agreements based on the form document
without the necessity of bringing each individual agreement to the City Commission for review
approval.
RECOMMENDATION
It is respectfully recommended that the Mayor and City Commissioners approve:
1. The form of the Right of Entry Agreement attached; and
2. Authorize the Mayor and the City Clerk to execute Right of Entry Agreements
with individual property owners based on the attached form agreement.
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
006.193597.1
RIGHT OF ENTRY
THIS RIGHT OF ENTRY AGREEMENT is made and entered into this
day of 2000, by and between
whose address is , and THE CITY OF
OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive,
Ocoee, Florida 34761.
WHEREAS, THE CITY OF OCOEE, a Florida municipal corporation plans
to construct ("the Project") within the City of
Ocoee, Orange County, Florida; and
WHEREAS, , is the owner of that certain real
property located in Orange County, Florida, as more particularly described in "Exhibit
A" attached hereto and incorporated by reference ("the Property"); and
WHEREAS, as part of the construction of the
Project, the City needs to obtain the right to enter onto the Property for the purpose of
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
1. , its successors and assigns, hereby grants to
the City of Ocoee the right to enter onto the Property for the purpose of
, all in conjunction with the
Project.
2. This Right of Entry shall terminate
3. To the extent permitted by law, the City agrees to indemnify and hold
harmless from and against any and all claims, actions,
causes of action, loss, damage, injury, liability, cost or expense, including without
limitation attorneys' fees (whether incurred before, during or after trial, or upon any
appellate level), arising from the City's use of the Property or from the exercise by the
City of any rights granted by this Right of Entry.
006.193571.1
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Right of Entry Agreement to be executed as of the day and year first
above written.
Signed, sealed and delivered
in the presence of:
By:
Print Name Name:
Title:
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2000, by as of
. He/She is personally known to me or ❑ has produced
as identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 2000.
Notary Public
Print Name
My Commission Expires:
2
006.193571.1
Signed, sealed and delivered CITY OF OCOEE, a Florida municipal
in the presence of: corporation
By:
Name: S. Scott Vandergrift
Print Name Title: Mayor
Attest:
Print Name Name: Jean Grafton
Title: City Clerk
[Affix Seal]
APPROVED BY THE OCOEE CITY
FOR USE AND RELIANCE ONLY BY COMMISSION AT A MEETING HELD
THE CITY OF OCOEE, FLORIDA. ON , 2000
APPROVED AS TO FORM AND UNDER AGENDA ITEM NO. .
LEGALITY THIS DAY OF
2000.
By:
Foley & Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2000, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He
is ❑ personally known to me or ❑ has produced as
identification.
WITNESS my hand and official seal in the County and State aforesaid this
day of 2000.
Notary Public
Print Name
My Commission Expires:
3
006.193571.1