The Hold Harmless Agreement for PUE Encroachment is a City of Cape Coral agreement, published by the City's Building Division, in which a property owner agrees to indemnify and hold the City harmless for improvements placed in a Public Utility and/or Drainage Easement (PUE). It is written for owners who want to locate improvements, including landscape, in an easement on their lot, and it has a line for the Cape Coral permit or SDP number it belongs to. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the City publishes the original in its Permit Document Center.
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What is Hold Harmless Agreement for PUE Encroachment – Cape Coral, FL?
The Hold Harmless Agreement for PUE Encroachment is the City of Cape Coral agreement by which an owner who wants to place improvements, including landscape, in a Public Utility and/or Drainage Easement on the owner's property agrees to indemnify and hold the City harmless from costs and expenses resulting from that location.
The agreement recites that Section 5.1.6 of the City of Cape Coral Land Development Code permits such a location, subject to the owner giving the City this agreement. Through it the owner:
- acknowledges that the easement may contain public utility or storm sewer lines now or in the future, and that improvements may be damaged or removed when the City or other utilities install, repair or maintain those lines;
- agrees to indemnify the City, its officers, employees and agents against claims for injuries and damages to persons and property;
- agrees that the City may remove the improvements at any time and for any reason, and that the owner pays to replace anything removed or damaged;
- accepts that, outside an emergency, the City will give notice of at least seven (7) days, where practical, before removing landscape plantings.
The agreement binds the owner's representative, heirs, assigns and successors in interest, and it is to be recorded in the Public Records of Lee County, Florida. A separate City document, Hold Harmless Agreement Guidelines for PUE Encroachment, is listed beside it. Other City hold harmless documents, such as the Hold Harmless Utility Connection Agreement, are different forms.
Who needs to file Hold Harmless Agreement for PUE Encroachment – Cape Coral, FL?
Property owners in Cape Coral who intend to install improvements, including landscape, within a Public Utility and/or Drainage Easement on their property use this agreement. The form is made between the Owner and the City of Cape Coral, a Florida Municipal Corporation, and it identifies the property by Lee County Parcel STRAP number, lot, block, unit and plat book reference.
- Owners signing for a company print or type the company name and sign through an authorized representative, with name and title.
- Where the owner is a corporation, the acknowledgment block asks for the officer's name, the corporation and its type.
- The agreement binds the owner's representative, heirs, assigns and successors in interest for the property.
The form does not apply to work outside a Public Utility and/or Drainage Easement. It is not the agreement for a utility connection or for a used boat lift; the City lists those as separate documents.
When to file Hold Harmless Agreement for PUE Encroachment – Cape Coral, FL
Complete the agreement when you intend to place improvements in a Public Utility and/or Drainage Easement on your property, because the form is the owner's agreement that Section 5.1.6 of the Land Development Code makes a condition of that location. The top of the form asks for a PERMIT# or SDP#, so it is prepared for a specific permit or site development plan. The form prints no separate due date. It does say the City will give at least seven (7) days' notice, where practical and outside an emergency, before removing landscape plantings, so that you can relocate them. Contact the City of Cape Coral Building Division for timing questions tied to your permit.
Documents you need
- Scope of work description, written in item 7 of the agreement or attached to it.
- Site plan, attached as item 7 directs; paragraph 2 refers to the improvements as indicated in the City of Cape Coral Site Plan.
- Any other supporting documents, attached as item 7 directs.
- Identification for the notary, only if the notary does not know you personally; the acknowledgment records the form of identification produced.
How to fill out Hold Harmless Agreement for PUE Encroachment – Cape Coral, FL
Enter the permit or SDP number
At the top, write the PERMIT# or SDP# the agreement relates to.
Enter the agreement date and owner
Fill in the day, month and year the agreement is made, and the Owner's name on the line after "Owner,".
Identify the parcel
In item 1, enter the Lee County Parcel STRAP #, the Lots, Block, Unit, and the Plat Book and Page(s). Add any additional STRAP #s.
Add the legal description and address
Write the Legal Description and the Site Address, followed by Cape Coral, Florida.
Review the owner's acknowledgments
Read items 2 through 6: the easement may hold utility or storm sewer lines, the owner indemnifies the City, the City may remove improvements, the 7-day notice for landscape plantings applies where practical, and the agreement is recorded.
Describe the scope of work
In item 7, describe the scope of work on the lines provided and note the site plan and supporting documents you will attach.
Enter the signing date
Under IN WITNESS WHEREOF, fill in the day, month and year.
Complete the owner signature block
Print or type the company name if applicable, then the name and title of the signer. The signature of the authorized representative goes on the By: line.
Fill in the notary acknowledgment
The acknowledgment asks for the State, County, date, the signer's name, the company and its type, and how the signer is identified. The person taking the acknowledgment signs and prints name, title or rank and serial number.
Review, download and attach
Check every entry against your site plan, then download or print the completed PDF from FillingPDF, sign it and attach the supporting documents.
How to submit Hold Harmless Agreement for PUE Encroachment – Cape Coral, FL
The form names no mailing address, portal or appointment rule of its own. It carries a PERMIT#/ or SDP# line, so it is tied to a permit or site development plan record at the City of Cape Coral.
- What to include: the signed and notarized agreement, plus the scope of work, site plan and any other supporting documents described in item 7.
- Where to find channels: the City of Cape Coral Building Division publishes the form in its Permit Document Center, among the Miscellaneous Documents, and your permit file determines where it goes. Ask the Building Division how your permit accepts it.
- Recording: the agreement states that it shall be recorded in the Public Records of Lee County, Florida.
FillingPDF lets you fill out and download the PDF; submission follows the City's channels above.
Common mistakes to avoid
- Leaving the PERMIT#/ or SDP# line blank at the top, so the agreement is not tied to a permit or site plan.
- Entering an incomplete property description: Lee County Parcel STRAP #, lots, block, unit, plat book and page, or leaving out additional STRAP #s.
- Omitting the scope of work, site plan or other supporting documents that item 7 says to attach.
- Signing without printing the company name, or without name and title of the authorized representative, when a company is the owner.
- Completing the acknowledgment block yourself instead of leaving it for the person taking the acknowledgment.
- Assuming the City must give seven days' notice in every case; paragraph 5 excludes emergencies and applies where practical to landscape plantings.
- Assuming the City will pay to replace improvements it removes; paragraph 4 makes the owner responsible for those costs.
- Confusing this agreement with the separate Hold Harmless Utility Connection Agreement or the used boat lift hold harmless documents.
Frequently asked questions
What is the Hold Harmless Agreement for PUE Encroachment?
It is a City of Cape Coral agreement in which an owner who places improvements in a Public Utility and/or Drainage Easement agrees to indemnify and hold the City harmless. It is tied to Section 5.1.6 of the City of Cape Coral Land Development Code.
Who needs to sign the Cape Coral hold harmless agreement?
The property owner signs, or an authorized representative if a company owns the property. The form is made between the Owner and the City of Cape Coral and also has a notary acknowledgment and a City signature block.
Does this agreement go with a Cape Coral permit?
The form has a PERMIT#/ or SDP# line, so it is prepared for a specific Cape Coral permit or site development plan. Ask the Building Division how your permit file takes it, because the form names no submission channel.
Can the City remove my landscaping from a utility easement?
Yes. Paragraph 4 lets the City remove improvements in the easement by any method, at any time and for any reason. Outside an emergency, the City gives at least seven (7) days' notice before removing landscape plantings, where practical.
Who pays to replace improvements the City removes?
The owner. Paragraph 4 makes the owner responsible for all costs of replacing improvements removed or damaged by the City, its agents or employees. Costs of relocating or replacing plantings are also the owner's under paragraph 5.
What do I attach to the agreement?
Item 7 asks you to describe the scope of work and attach a site plan and any other supporting documents. The scope description goes on the lines provided on the form.
Does the agreement have to be recorded?
Paragraph 6 states that it shall be recorded in the Public Records of Lee County, Florida, and that it binds the owner's representative, heirs, assigns and successors in interest for the property.
Can I fill out this form online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the City of Cape Coral and does not file or record the agreement; you follow the City's channels.
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