Backup Documents 05/26/2015 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLS"
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN . i 1
6
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time 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. Pamela Lulich GMD/RM-Landscape 5/11/2015
Section
2.
3. County Attorney Office County Attorney Office K‘c"
A( c\zi \m
4. BCC Office Board of County c
Commissioners V \A
5. Minutes and Records Clerk of Court's Office 6(26(15 14:C8pol
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 Pamela Lulich/GMD-Road Maintenance, Phone Number 239-252-6291
Contact/ Department Landscape Sectio
Agenda Date Item was May 26,2015 V Agenda Item Number 16.A.16
Approved by the BCC
Type of Document Flagpole Installation and Maintenance Number of Original 4
Attached Agreement Palm River Park Documents Attached
PO number or account 112-163652-649030-60076.1
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 signature? Y
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A(Not
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. Applicable)
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed 5P1
by the Office of the County Attorney. >r
4. All handwritten strike-through and revisions have been initialed by the County Attorney's X
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
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain ill
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6f 1.. i rater date)and all changes made 5,426ft N/A is not
during the meeting have been incorporated in the attached document. The County d an option for
Attorney's Office has reviewed the changes,if applicable. 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 fo,the _ an option for
Chairman's signature. - v _ line.
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
16A16
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday,June 05, 2015 8:38 AM
To: Lulich, Pamela
Subject: Item #16A16 (May 26, 2015 BCC Meeting)
Attachments: Palm River Park Flagpole Agmt.(May 26 Item #16A16).pdf
Hi Pam,
I've attached a copy of the recorded Agreement w/Palm River
Homeowners and Civic Association for the lighted flagpole
in Palm River Park, (May 26 Item #16A16) for your records.
On page 2 you'll find a receipt for the recording charges.
I had planned on mailing a copy ofthe recorded document to
the Association and will include a copy of the receipt.
Thank you
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
A
O 16 A
Ottrity of Collier 16
CLERK OF THE)CIR UIT COURT
Dwight E. Brock COLLIER COU} Y CO THOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O.BOX 413044 Accountant
NAPLES,FLORIDA !NAPLES,FLORIDA Auditor
34112-5324 ;34101-3044 Custodian of County Funds
June 8, 2015
Mr. David Alger, President
Palm River Homeowners & Civic Association, Inc.
372 Juli Fe Drive
Naples, FL 34110
Mr. Alger,
Attached for your records, please find copy of the Recorded Installation and
Maintenance Agreement between Collier County and Palm River Homeowners and
Civic Association, Inc. for a solar-powered lighted flagpole within Palm River Park,
approved by the Collier County Board of County Commissioners on May 26, 2015.
I have also included a copy of the receipt for the fees involved in recording the agreement.
If you have questions or need any further information please feel free to contact
our office at 239-252-8406.
Thank you.
DWIGHT E. BROCK, CLERK
0),U.A.t C
AnnJe e `!)
Deputy Clerk
Attachment
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
16A16
FLAGPOLE INSTALLATION AND MAINTENANCE AGREEMENT
PALM RIVER PARK
THIS AGREEMENT concerning the installation and maintenance of a solar-powered,
lighted flagpole (flagpole) within the Palm River Park (hereinafter referred to as the "Agreement")
is made and entered into on this Z 4-kday of 2015, by and between the Palm River
Homeowners and Civic Association, Inc., whose mailing address is 372 Juli Fe Drive, Naples, FL
34110, (hereinafter referred to as "HOA"), and Collier County, a political subdivision of the State
of Florida (hereinafter referred to as "County"), whose mailing address is 3299 Tamiami Trail
East,Naples, Florida 34112.
RECITALS:
WHEREAS, the County constructed the Palm River Park north of Immokalee Road and
south of Piper Boulevard and installed a sidewalk, signs, statutes, landscape, irrigation, and a brick
plaza through private and public contributions; and
WHEREAS, the HOA wishes to install and maintain a flagpole within the Palm River Park
at the location identified in Exhibit A; and
WHEREAS, the HOA represents to the County that is will be fully responsible for the
permitting, purchase, installation and future maintenance of the flagpole; and
WHEREAS, the Board of County Commissioners hereby finds that the proposed project
serves a valid public purpose.
NOW THEREFORE, in consideration of the mutual promises set forth below, together
with such other good and valuable consideration, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. County hereby grants the HOA the limited license to use that portion of Palm River
Park depicted in Exhibit A for the sole purpose of installing and maintaining a flagpole. The HOA
shall coordinate with the County as necessary throughout the installation of the flagpole.
INSTR 5128402 OR 5157 PG 627
RECORDED 5/29/2015 9:55 AM PAGES 4
1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $35.50
16A16
3. The HOA shall at its sole cost and expense, install and maintain the flagpole,
including all solar components and bulbs, until such time as the County executes a release from
these obligations as discussed below. The HOA shall also be responsible for raising, lowering,
purchasing and replacing the flag.
4. Should the HOA fail to install or maintain the flagpole, the County may provide
written notice to the HOA specifying the nature of the deficiency. Within five working days
following receipt of such notice, the HOA shall begin to cure the deficiency. In the event damage
to, or failure to maintain the flagpole results in a situation where public safety is at risk, (1) the
HOA shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2)
the County may, at its option, effect the repairs, without the need for prior notice to the HOA, and
will promptly bill the HOA for all actual costs incurred in effecting the repairs. The HOA shall
reimburse the County for such costs within thirty days of receipt of the County's bill.
5. The HOA shall hold harmless, indemnify, and defend County and its agents,
officers and employees from any and all claims, losses, penalties, demands,judgments, and costs
of suit, including attorney's fees, or any expense, damage, or liability incurred by any of them,
whether for personal injury or property damage, arising directly or indirectly on account of or in
connection with the HOA's installation and maintenance of the flagpole.
6. Both parties shall have the right to terminate this Agreement with or without cause
upon thirty (30) calendar days' written notice to the other. In the event that this Agreement is so
terminated, the HOA shall bear the cost of removing the flagpole and restoring the site to its
original condition. Except for the above, neither party will be liable to the other for any damages
or claims resulting from the termination of this Agreement.
7. This Agreement and the terms and provisions hereof shall be effective as of the date
set forth above and shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs
of suit, including reasonable attorney's fees, at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The HOA shall pay all costs of recording this Agreement prior to the execution
of this Agreement. A copy of the Recorded Agreement will be provided to the HOA.
2
16A16
10. This Agreement is the entire agreement between the parties, and supercedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day
and date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA//
B 1.. i•' .O • By:
/�
By: 1_. �I. 1
- at) •.0 Clerk TIM NANCE, CHAIRMAN
iAtte t as to a�n• ,;
signature only., ,;.-'
411.SES: The Palm River Homeowners and Civic Association,
Inc.
,c •_AJ
By: `._
Printed Nameez Li./e..,/e-/ Printed Nam= .r. David Al.er
-J . 4, 6/1, Title: Presi,
Printed Name: ,
STATE OF FLORIDA
COUNTY OF COLLIER
Signed and acknowledged on this I I day of AA"( , 2015, before me, the
undersigned notary public, by Pievip, tYmrM4iv , President of the Palm River
Homeowners and Civic Association, Inc., a Florida corporation not-for-profit, on behalf of the
corporation. He [ ] is personally known to me or [ ] produced flcv2ip4 ' ,2.t vY�S as
,ON identification. �`tom '
Aleil° rA1111■...--".11.11.1111
Notary Public
if Printed Name: i7t'V41' 41 , •4A/ t/.
My Commission Expires: '7/7)/7/ ?. 17
Ap. ` fE t, form and legality:
i + RONALD M.T
j A Notary Public,Statte o Hotta
Jeffrey 1. 4 atzkow ; Commission/FF 26349
County tt' ey My comm.expires July 12,2017
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