Item #02 Approval of Right of Entry Agreement with Orlando-Orange County Expressway Authority for N. Side Reclaimed Water Main ExtensionCenter of Good Lf l,.
AGENDA ITEM COVER SHEET
Meeting Date: May 21, 2013
Item #
Reviewed By:
Contact Name: David A. Wheeler, P.E. Department Director:
Contact Number: 407 - 905 -3100, ext. 1504 City Manager:
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Subject: Right of Entry Agreement with Orlando- Orange County Expressway Authority for the
North Side Reclaimed Water Main Extension Project (District 1 — Commissioner Grogan)
Background Summary:
The North Side Reclaimed Water Main Extension project was awarded to Hazen Construction LLC at the April
16, 2013, City Commission meeting. The project is the extension of the 16 inch reclaimed pipeline along
McCormick and Ocoee - Apopka Roads to provide reuse water to the Forest Brooke, Eagle's Landing, Westyn
Bay, Vineyards, Fountains West, and Ocoee Crown Point developments. The route of the pipeline takes a path
through the OOCEA SR 429 corridor by passing under the bridge over McCormick Road. OOCEA has
jurisdiction of that section of McCormick Road and requires the submission of plans and specification for review
and approval. Part of that permit application is the execution of a Right of Entry Agreement with OOCEA.
OOCEA does not have a permit application form similar to Orange County and FDOT; they use the Right of
Entry Agreement document as their application form. The attached copy of the agreement was provided by
OOCEA and reviewed by City Legal Counsel.
Issue:
Authorization to Execute the Right of Entry Agreement with the Orlando- Orange County Expressway Authority
for the North Side Reclaimed Water Main Extension Project.
Recommendations:
The Engineering and Utilities Departments recommend that the City Commission authorize the Mayor and City
Clerk to execute the Right of Entry Agreement with the Orlando- Orange County Expressway Authority for the
North Side Reclaimed Water Main Extension Project.
Attachments:
Right of Entry Agreement with the Orlando- Orange County Expressway Authority
Financial Impact:
There is no financial impact to the City with the execution of this Right of Entry Agreement with the Orlando -
Orange County Expressway Authority.
Type of Item: (please mark with an `z')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading _X__ Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
N/A
N/A
N/A
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RIGHT OF ENTRY AGREEMENT
This RIGHT OF ENTRY AGREEMENT ( "Agreement ") is made and entered
into on this day of , 2013, by and between
ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY, a body politic and
corporate and an agency of the State of Florida ( "Authority "), and the City of Ocoee
(City) whose mailing address is 150 N. Lakeshore Drive, Ocoee, Florida 34761.
RECITALS:
Whereas, Authority is the fee simple owner of certain real property located in
Orange County, Florida, more particularly described on Exhibit A, attached hereto and
incorporated herein by reference ( "Property "), which real property is generally located
on State Road (SR) 429 and McCormick Road; and
Whereas, City has plans to install and maintain a 16" reclaimed water main within
a 30" steel casing under the SR 429 mainline pursuant to the plans designated Exhibit B
attached hereto and incorporated herein by reference ( "Project "); and
Whereas, City desires to enter upon Property in order to construct the Project; and
Whereas, City has requested, and Authority has agreed to grant to City, a
temporary non - exclusive right of entry to enter upon the Property to commence such
work:
NOW, THEREFORE, in consideration of the above - stated premises, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Authority and City hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. Authority hereby authorizes City and /or its employees, agents, consulting
engineers, contractors and other representatives to enter upon the Property for the sole
purpose of constructing Project.
3. City shall indemnify, defend and hold Authority harmless and shall cause
City's contractors to indemnify, defend and hold Authority harmless from and against
any and all costs, expenses, fines, fees, penalties, claims, suits or proceedings (including
attorneys' fees at the trial or appellate level), demands, liabilities, damages, injuries
(including death) arising from their respective use or work performed on or about the
Property or in connection with the Project, excepting only those claims arising from the
sole negligence of the Authority, its officials, agents, contractors or assigns.
4. This Right of Entry will expire upon the earlier to occur of. (1)
completion of the Project; or (3) three years from the date first written above.
5. Nothing contained in this Agreement shall be construed as a waiver or
attempt at a waiver by the Authority of its sovereign immunity under the Constitution and
laws of the State of Florida.
6. The Parties agree that neither this Agreement nor any memorandum or
notice of the same shall be recorded in the Public Records of Orange County, Florida or
any other County in the State of Florida.
7. To contact Pat Collins at 407 - 690 -5056 and Steve Geiss at 407 - 630 -5335
at least 72 hours in advance to locate the existing Authority FON lines and confirm no
on -going maintenance in the area.
IN WITNESS HEREOF, Authority and City have executed and delivered this
Right of Entry Agreement the date herein first written above.
WITNESSES: "AUTHORITY"
Witness:
Witness:
ORLANDO- ORANGE COUNTY
EXPRESSWAY AUTHORITY, a public
corporation under the laws of the State of
Florida
By:_
Name:
Title:
APPROVED AS TO FORM FOR
EXECUTION BY A SIGNATORY OF
THE ORLANDO - ORANGE COUNTY
EXPRESSWAY AUTHORITY
By:
Joseph L. Passiatore, General Counsel
Date:
CITY OF OCOEE SIGNATURE PAGE
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
DATE:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
m this day of , 20 .
SHUFFIELD, LOWMAN & WILSON P.A.
IC
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
, 20
UNDER AGENDA ITEM NO.
Scott Cookson, City Attorney
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