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Backup Documents 07/12/2016 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 0 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#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. 2. 3. County Attorney Office County Attorney Office ERP /'n 07-12-16 4. BCC Office Board of County �F day Commissioners \n•c��„� 1'k,?`kc.. 5. Minutes and Records Clerk of Court's Office q-112.1 6 3:35-0A- PRIMARY ;35PRIMARY 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 Michelle Arnold 239-252-2532 Contact/ Department Agenda Date Item was July 12,2016 Agenda Item Number 16D10 Approved by the BCC Type of Document Naples Municipal Airport Bus Shelter Number of Original One Attached Maintenance Agreement with the Naples Airport Documents Attached Authority authorizing the construction of two bus shelters to be used for the Collier Area Transit(CAT)Public Transportation System along Airport Property. PO number or account A . : .- . •: number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever's Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK ERP 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 /v,,�J by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ERP 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 ERP 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 ERP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ERP 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 12,2016 and all changes made ERP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 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 1 6 0 1. 0 MEMORANDUM Date: July 13, 2016 To: Michelle Arnold, Director Public Transit and Neighborhood Enhancement From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Naples Municipal Airport Bus Shelter Maintenance Agreement Attached, for your records, please find a copy as referenced above, (Item #16D10) adopted by the Board of County Commissioners on July 12, 2016. A certified copy has been sent to Kerry Keith with the City of Naples Airport Authority, per your request. The Minutes and Record's Department will hold the original in the Official Records of the Board. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16010 1 0 MEMORANDUM Date: July 13, 2016 To: Kerry D. Keith, Senior Director of Development & Facilities City of Naples Airport Authority From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Naples Municipal Airport Bus Shelter Maintenance Agreement Attached, for your records, please find a Certified Copy of the document as referenced above, (Item #16D10) adopted by the Board of County Commissioners on July 12, 2016. If you have any questions, please contact me at 252-8411. Thank you. Attachment I 160 . 0 -,-,... g $LLQ 99 _ NCi �a 2. G m ES inm1 $ u L7o ,i'li � m p I an y > � 5—aa ` ! $3 S RR to r It! 9 g I I I I g u O -- v' a a4$ aim _ j m. AIA Li61 .e. o 11[ 1__J r—] C[=[!-I6 I D N S �Z $ -'0 to 1 E V A i d me : .,5h>rtg I I `' I '' sa I LE o a ri I _ 1 A A�yy 'i C -22i .45 W o 1:12' 2' $ 1 ! a. m N Qis Q 0�p1 5, EF�ag i . C a-g -55- E 0o 1.. 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" oI 32 coil ¢ . ?s 1222 3 Qo3 G1g �''� i M 6££££917 0081 X3Pa3o9'008'L wo3 xapaj 60 16010 NAPLES MUNICIPAL AIRPORT BUS SHELTER MAINTENANCE AGREEMENT This Naples Municipal Airport Bus Shelter Maintenance Agreement (this "Agreement") is entered into this 12Th day of "Jul , 2016, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (the "County"), and the City of Naples Airport Authority, a political subdivision of the State of Florida whose mailing address is 160 Aviation Drive North, Naples, Florida 34104 (the "Authority"). RECITALS: WHEREAS, County, through its vendor, provides public bus transportation throughout Collier County, referred to as the Collier Area Transit System("CAT"); and WHEREAS, County has constructed bus shelters at its various bus stop locations to provide safe shelters to passengers of the system as they wait; and WHEREAS,the Authority wishes to construct at its own expense and on its own property two bus shelters at existing CAT bus stops, and has agreed to maintain those shelters; and WHEREAS, the parties have agreed to enter into this Agreement in order to assign maintenance requirements, set forth construction standards for the new bus shelters and provide other obligations in accordance with the terms hereof. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. The Authority will construct two bus shelters at bus stop identification numbers 114 and 115, as depicted on the aerial attached hereto as Exhibit"A,"which bus shelters shall be completely outside the County right-of-way and located on Authority property (collectively the "Bus Shelters"). 2. The Authority shall at its sole cost and expense permit and construct the Bus Shelters, loading pads and pathways connecting to existing sidewalks in accordance with its own plans and specifications but in compliance with all federal, state and local laws, including the Americans with Disabilities Act of 1990, as amended, and the Florida Building Code. 3. The Authority shall be solely responsible for the maintenance of the Bus Shelters, sidewalks and surrounding areas on Authority property in order to maintain a reasonably safe access from the Bus Shelters to the County's right-of-way. The Authority shall have exclusive Page 1 of 3 control over all signage on or around the Bus Shelters and surrounding areas on Authority property; provided, however, the County shall be permitted to post a single bus schedule inside each of the Bus Shelters so long as its dimensions do not exceed 12 x 27 inches and shall be allowed to place one Collier Area Transit logo facing the right-of-way at a mutually agreed-upon location. 4. During the term of this Agreement, the County agrees to provide regularly scheduled CAT public bus transportation service throughout Collier County to and from the Bus Shelters at no cost to the Authority. 5. Subject to the limitations set forth in Section 768.28, Florida Statutes, the Authority shall indemnify and save harmless the County, including all officers, employees and agents of the County, from any loss or damages the County may suffer as a result of third party claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including reasonable attorneys' fees and costs of litigation, against the County to the extent arising out of the Authority's acts or omissions in maintaining the Bus Shelters and surrounding areas on Airport property during the term of this Agreement. 6. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. The Agreement may be freely terminated as of right by either party at any time, with or without cause, upon thirty (30) days written notice to the other. If the Authority exercises this termination right for any reason other than based on the County's substantial breach of this Agreement, or if the County exercises this termination right based upon Authority's substantial breach of this Agreement, then, upon written demand by County, the Authority, at its sole cost and expense, shall move the Bus Shelters and related improvements on the Airport property so that they are no longer adjacent to the County's right-of-way. Except for the foregoing sentence, neither party will be liable to the other for any obligations, damages or claims resulting from the termination of this Agreement. 7. This Agreement may be recorded by either party in the Official Records of Collier County, Florida. 8. This Agreement is the entire agreement between the parties and supersedes all previous oral and written representations, agreements and understandings between the parties relating to the subject matter of this Agreement. 9. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in anyway, except by written agreement signed by both parties. In Witness Whereof, the parties have caused this Agreement to be executed on the day and date first above written. Page 2 of 3 I. i'' D I 0 u 1 L) As to the COUNTY: ATTEST: �',:„ BOARD OF COUNTY COMMISSIONER DWIGHT E. BROCK, CLERK OF COL ER COUNTY, FLORIDA letc, diik U , --,.. 'i'_ .Z By: ' i est t'C ai17114t eputy Clerk DONNA FIALA, CHAIRMAN signature only. A proved as to form and legality: c , Emily R. 'tin PI Assistant County Attorney As to the AUTHORITY: ATTEST: CITY OF NAPLES AIRPORT AUTHORITY B 'Q- y By: Print Name/Title: 1obiii E. t77 bard Christopher A. Rozansky, Executive Director 61Aecu f 1%l ASS ifta nff. Approved as to form and legal sufficiency by: 7,e_..Z.:(0 :19--,----a-- William L. Owens, Esq. Counsel to the Authority Page 3 of 3 458292.2 Exhibit A I ',"'-.:\, r LJ) _'•:1 _. ,, j $top#114st01#1.1.4 r > (7)': CI 1 ..C. El . n La (,) .. . i North Rd '..-- .:Li — , f m - ,1 ^ fAtcii%; Z a_ z m - , Stop#115 I ?I',:c:,--,-, I' - , cp - .,... . )). ›. . ..._ . , ... . . a .6 6 5' =_- = 5 D 0 Lo - z 7:1 x g-, 2 , 8 AfidOM 0- kt , 7 Radio Rd z r Shelter Bus Stop C