Backup Documents 07/07/2015 Item #16D15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6 a - 15
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE •
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 41 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 41 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
^
3. County Attorney Office County Attorney Office ^ �� , 136115
•
• 4. BCC Office - Board of County
Commissioners �j / -�' �,�5
5. Minutes and Records Clerk of Court's Office c-T ri��j' (10310.
PRIMARY CONTACT INFORMATION I
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 _ Phone Number
Contact/ Department ,f7) / G i-(4-e-e(--- I- � > -a 7 V
• Agenda Date Item was Agenda Item Number / I
Approved by the BCC ? ' 7 - / 1 • /
Type of Document /7 1 � Number of Original /
Attached C 771�� S 77 # U Documents Attached
PO number or account
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? •S fp,nk ri J A
2. Does the document need to be sent to another agency for,additional signatures? If yes,
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet.
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
by the Office of the County Attorney. •
4. All handwritten strike-through and revisions have been initialed by the County Attorney's - 4 /14L
/v'' ,
Office and all other parties except the BCC Chairman and the Clerk to the Board h!
5. The Chairman's signature line date has been entered as the date of BCC approval of the 6
document or the final negotiated contract date whichever is applicable.
_ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's `4
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. ,j /r
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Bea are of your deadlines!
8. The document was approved by the BCC on i(if enter date)and all changes made �3 ,
during the meeting have been incorporated in the attached document. The County W oh< i_
z'
Attorney's Office has reviewed the changes, if applicable_ sari aim
a.
• 9. Initials of attorney verifying that the attached document is the version approved by the - - �'4_
BCC,all changes directed by the BCC have been made, and the document is ready for - ? 8 s a ii q
cli
Chairman's signature. i '
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 224.05;Revised 11/30/12
16D15
• "• Memorandum
r, f ORIP
To: Minutes and Records
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: July 28, 2015
Subject: Standstill Agreement— USDA
BCC Date: July 7, 2015
Item: 16 D 15
Once the referenced Agreement has been executed by the Chairman and attested by
your office, kindly provide me with an electronic copy of the Agreement for my
records.
Please contact me at extension 8743 with any questions.
Thank you. O
Attachment as stated
16015
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday,July 30, 2015 1:48 PM
To: DowlingMichael (MichaelDowling @colliergov.net)
Subject: USDA Standstill Agreement (July 7, 2015 BCC Item #16D15)
Attachments: 16D15 BCC 7-7-15.pdf
Hi Michael,
A copy of the Standstill Agreement between Collier County and the USDA,
approved by the Board on July 7, 2015 (Item #161)15) is attached for you.
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)
1
16D15
Natural'Resources
Conservation STANDSTILL AGREEMENT
Services
Acquisitions Division THIS STANDSTILL AGREEMENT (hereinafter"Agreement") is made by
P.O.Box 2890 and
Washington,DC between collier County Government (hereinafter"Lessor"), whose
20013 address is 3335 East Tamiami Trail,Naples,FL 34112 and the United States of
Voice 202-720-4201
Fax 202-720-2262 America (hereinafter"Government"), acting by and through the United States
Department of Agriculture's authorized representatives (hereinafter
"USDA") whose address is 230 N.1st Ave.,Ste 509,Phoenix,AZ 85003-1733 ,
RECITALS
1. The Lessor owns certain improved real property located at
14700 Immokalee Rd., Naples, FL 34120
(hereinafter " Premises"). The Government currently occupies
approximately 1,100 square feet of office and related space on the
1st floor(s) of the Premises pursuant to Lease No.57-4209-2-02 (hereinafter
"Lease"), as amended. The Lease expires on July 31,2015 . The
Government has not obtained alternative space for its tenants presently
occupying the Premises and the Lessor and the Government (hereinafter
collectively the "Parties" and each individually a "Party") have not
consummated a lease extension agreement to date.
2. The Parties do not want an unnecessary condemnation lawsuit and
the Government does not want its operations, services, or tenancy
interrupted or disturbed. Neither Party wants a lease holdover and the
Parties prefer their negotiations to end with a lease extension at a
monthly rental rate to be retroactively effective from
3. By this Agreement the Parties seek to preserve the status quo pending
the completion of a leasehold acquisition procedure that could result in a
mutually acceptable lease extension, and by the terms of which the
Government could continue to lease the Premises from the Lessor.
4. The Parties believe this Agreement will facilitate negotiations.
As evidenced by their signatures to this Agreement, the Parties agree
that no right, action, or claim either Party may otherwise have against
the other Party will be prejudiced or waived by this Agreement.
NOW THEREFORE, in consideration of the foregoing recitals and the
mutual covenants set forth herein, the adequacy of which is hereby
acknowledged by the undersigned, the Parties agree as follows:
During the term of this Agreement:
1. The Parties agree to negotiate, actively and in good faith, a lease
extension for the Premises.
2. The Government will not condemn the Premises by the power of
eminent domain, and will not file a Declaration of Taking with respect to
the Premises.
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16015
3. The Lessor will not initiate an "inverse condemnation" or breach of
lease action in any United States Court or tribunal with respect to the
Premises.
4. The Lessor will not:
a. Undertake to evict the Government from the Premises;
b. Interfere with the use or occupancy of the Premises by the
Government;
c. Interrupt the operations, building services, or utilities of the
Government from what they were while the lease was in effect;
d. Market the space to potential tenants if the Government is
planning to remain in the premises; or
e. Threaten to do any of the acts referenced in A, B, C, or D above.
5. Each Party agrees not to take any action to alter its position to the
detriment of the other Party in any condemnation type action arising
out of these facts.
At all times after this Agreement becomes effective:
6. The Government will receive full credit for money paid to Lessor during
the term of this Agreement in accordance with Lease No. 57-4209-2-02
whether there is a lease extension, other legal action, or settlement.
7. Neither Party will seek or accept severance damages or attorney's fees
from the other Party for the period this Agreement is in effect.
8. In the event that a lease extension, with respect to the Premises, is not
executed by the Parties during the course of this Agreement, or that this
Agreement is otherwise terminated, then any legal proceeding arising
therefrom is stipulated by the Parties to be deemed to have commenced
on August 1,2015
9. Termination of Agreement: The Parties agree that all terms and
conditions of the Lease will remain in full force and effect during the term of
this Agreement. This Agreement will terminate on the earlier of July 31,2016 ,
or on the date a lease extension agreement is signed by the Parties. This
termination provision may be amended to extend the termination date of
this Agreement by the mutual written consent of the Parties.
10. Successors in Interest: All of the terms, covenants, and provisions
herein contained will bind and inure to the benefit of the Parties, their
heirs , executors, administrators, personal representatives, successors,
trustees, receivers, and assigns as applicable, except as otherwise
provided herein.
11. Merger Clause: All prior understandings and agreements with respect
to the subject matter of this Agreement, written or oral, are merged into
this Agreement. This Agreement represents the final agreement between
the Parties with respect to such subject matter, and may not be
b�
16015
superseded, except by a separate written agreement signed and agreed to
by the Parties.
12. Amendments: Neither this Agreement, nor any terms hereof, may be
changed, waived, discharged or terminated orally, but only by an instrument
in writing signed by the Party against whom the enforcement of a change,
waiver, discharge, or termination is sought.
13. Construction: Any provision contained in this Agreement that is
prohibited or unenforceable will be ineffective to the extent of such
prohibition or enforceability without invalidating the remaining provisions
hereof. A waiver by a Party of any right, covenant, condition, or remedy in
any instance hereunder will not operate as a waiver of such right, covenant,
condition, or remedy in any other instance, and waiver by a Party of any
breach of the terms hereof will not be a waiver of any additional or
subsequent breach. This Agreement will be governed by, and construed in
accordance with, the laws of the United States of America.
14. Counterparts: This Agreement may be executed in photocopied
counterparts that, when taken together, will constitute a single agreement.
15. Effective Date: This Agreement is effective and enforceable only after
having been first signed by the Lessor, and second, accepted and signed by the
Government
IN WITNESS WHEREOF, the Parties have executed this Agreement as of
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIdoly. BROCK, Clerk
i. COLTI 1EUNTY,FLORIDA
BY:
&it
n C, BY / ��` �
`4iallan s Tim Nance, Chairman
.s°gature.only.,
Approved as to form and legality:
Ncep
Jennifer A. Belpedio, • s . tant County Attorney 69�a
UNITED STATES OF AMERICA, acting by and through the
Secretary of the United States Department of Agriculture
and authorized representatives —
Signature: : item#
Printed Name: William J Fletcher
Title: p Agenda 1-1_,tc
Contract Specialist Date
Date:
& Date -7' all
, Rec'd
Deput
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