The Hold Harmless Agreement is a City of Cape Coral form in which a property owner agrees to indemnify and hold the City harmless for improvements, including landscaping, placed in a Public Utility and/or Drainage Easement on the owner's property. It is one of the Cape Coral permit documents tied to the Land Development Code, Section 5.1.6, and it carries a line for the SDP# (site development plan number). On FillingPDF you can fill out the form online and download or print the completed PDF; the City publishes the original at capecoral.gov, and the agreement is signed, notarized and recorded in the Public Records of Lee County, Florida.
Last updated
What is Hold Harmless Agreement – Cape Coral, FL?
The Hold Harmless Agreement is a contract between a property owner and the City of Cape Coral, a Florida Municipal Corporation, under which the owner accepts the risks of placing improvements in a Public Utility and/or Drainage Easement and agrees to indemnify and hold the City harmless.
The form rests on Section 5.1.6 of the City of Cape Coral Land Development Code. That section permits improvements, including landscape, in these easements, subject to the owner giving the City an agreement to indemnify it against costs or expenses caused by the placement.
In six numbered paragraphs the owner agrees to the following:
- The easement may contain public utility or storm sewer lines now or later, and the improvements may be damaged or removed when the City or other utilities install, repair or maintain those lines.
- The owner indemnifies the City, its officers, employees and agents against claims for injury and damage to persons and property arising from the placement or from the City's work on utilities or storm sewers in the easement.
- The City may remove the improvements by any method required, at any time and for any reason, and the owner pays to replace anything removed or damaged.
- Except in an emergency, the City gives at least seven (7) days' notice, where practical, before removing landscape plantings; relocation and replacement costs stay with the owner.
- The agreement binds the owner's representatives, heirs, assigns and successors in interest, and is recorded in the Public Records of Lee County, Florida.
The form is dated and signed by the owner, countersigned for the City by the Development Services Director, and includes a notary acknowledgment block.
Who needs to file Hold Harmless Agreement – Cape Coral, FL?
The main group is owners of property in Cape Coral who intend to install improvements, including landscape, within a Public Utility and/or Drainage Easement on their property. Section 5.1.6 of the Land Development Code allows that placement only if the owner gives the City this kind of indemnity agreement.
- Owners. The form names the owner as a party and identifies the parcel by its Lee County STRAP number, lot, block, unit and plat book details, and the site address.
- Companies or other entities. The signature block has a line for the company name "if applicable", and the notary block asks for the signer's title, the entity, its type and on whose behalf the person signs.
- Successors. The agreement binds the owner's representatives, heirs, assigns and successors in interest with respect to the property.
The form carries an SDP# line at the top, so it is prepared in connection with a City site plan. The form does not say who else may sign for an owner. Ask Land Development at (239) 573-3167 or [email protected] whether your project needs this agreement.
When to file Hold Harmless Agreement – Cape Coral, FL
The triggering event is your plan to locate improvements, including landscape, in a Public Utility and/or Drainage Easement on your property. Under Section 5.1.6 of the Land Development Code, the City permits that location subject to the owner providing this indemnity agreement, and the form refers to the improvements shown on the City of Cape Coral Site Plan.
The form prints no separate due date. The agreement has two dates to enter: the day the parties make the agreement and the day they sign. Because the form is headed by an SDP# line, it follows the site plan it belongs to, so ask Land Development, at (239) 573-3167 or [email protected], when the City needs it in your project.
Once signed, the agreement is to be recorded in the Public Records of Lee County, Florida.
How to fill out Hold Harmless Agreement – Cape Coral, FL
Enter the SDP number
Write the site development plan number on the SDP# line at the top of the first page.
Date the agreement and name the owner
In the opening paragraph, enter the day, month and year the agreement is made, then the owner's name on the Owner line.
Identify the property by STRAP number
In paragraph 1, enter the Lee County Parcel STRAP #, then the lots, block, unit, plat book and page(s) of the Cape Coral Subdivision.
Add other parcels and legal description
List any Additional STRAP #s (if any) and write the Legal Description on the lines provided.
Enter the site address
Write the Site Address on the line that ends with Cape Coral, Florida.
Review paragraphs 2 through 6
These paragraphs contain no blanks. They cover damage or removal of improvements, indemnity, removal at the City's discretion, seven-day notice for plantings and recording; read them before signing.
Date and sign as owner
Enter the day, month and year in the IN WITNESS WHEREOF line. If a company owns the property, print its name, then sign as authorized representative and print your name and title.
Leave the City signature block
The City's signature is on the right, for the Development Services Director. The owner does not fill it in.
Complete the notary acknowledgment
The notary enters the state, county, date, the signer's name, title, entity and entity type, and whether you are personally known or produced identification. The notary then signs and adds name, title or rank and commission number.
Review and download the completed PDF
Check names, STRAP numbers and dates, then download or print the completed PDF from FillingPDF and take it to signing and the City as described under How to submit.
How to submit Hold Harmless Agreement – Cape Coral, FL
The form does not name a submission channel, address or portal. It states only that the signed agreement is recorded in the Public Records of Lee County, Florida.
- Ask the City. The City's Land Development Permits/Forms page says each permit's guideline lists its submittal requirements and forms. For help, contact Land Development at (239) 573-3167 or [email protected].
- Before you send it. Complete every blank, have the owner sign, and have the notary complete the acknowledgment block. The City's signature block is printed for the Development Services Director.
Neither the form nor the agency page states a fee or a processing time; ask Land Development. FillingPDF lets you fill out and download the PDF; submission follows the City's channels above.
Common mistakes to avoid
- Signing the notary acknowledgment block yourself; it is completed by the person taking the acknowledgment, with their name, title and commission number if any.
- Leaving the SDP# line, the Lee County parcel STRAP #, or the lot, block, unit and plat book details blank, so the property is not identified.
- Omitting additional STRAP #s or the legal description when the property has more than one parcel or is not fully described by lot and block.
- Leaving the site address off, when the form asks for it followed by Cape Coral, Florida.
- Entering the company name and signer's title incorrectly when an entity owns the property; the form asks for company name, signer name, title and the entity type in the notary block.
- Assuming the City must keep plantings in place: the City may remove improvements at any time and the owner pays replacement costs.
- Expecting seven days' notice before removal in every case; the notice applies to landscape plantings, where practical, and not in an emergency.
Frequently asked questions
What is the Cape Coral Hold Harmless Agreement?
It is a City of Cape Coral form in which a property owner agrees to indemnify and hold the City harmless for improvements placed in a Public Utility and/or Drainage Easement. It is based on Section 5.1.6 of the Land Development Code.
Who has to sign the Hold Harmless Agreement?
The owner signs, with the company name and signer's title if an entity owns the property, and the City signs through the Development Services Director, whose block is printed on the form. A notary completes the acknowledgment block.
Does the Hold Harmless Agreement need to be notarized?
The form includes a notary acknowledgment, completed by means of physical presence or online notarization, with the notary's name, title or rank and commission number if any. The signer must be personally known to the notary or produce identification.
Can the City remove my landscaping from the easement?
Yes. The agreement lets the City remove improvements at any time and for any reason, and the owner pays to replace them. Except in an emergency, the City gives at least seven days' notice for plantings where practical.
Will the Hold Harmless Agreement be recorded?
Yes. Paragraph 6 says the agreement is recorded in the Public Records of Lee County, Florida, and binds the owner's representatives, heirs, assigns and successors in interest. The form does not say who submits it for recording.
Where do I find a Cape Coral permit guideline for this form?
The City's Land Development Permits/Forms page says each permit guideline lists submittal requirements and forms. For help, contact Land Development at (239) 573-3167 or [email protected].
Can I fill out the Hold Harmless Agreement online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service that does not file the form with the City of Cape Coral; follow the City's channels to submit it.
Ready to fill out Hold Harmless Agreement – Cape Coral, FL?
Fill out Hold Harmless Agreement – Cape Coral, FL now