Backup Documents 11/15/2016 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOv
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. Jennifer Belpedio County Attorney Office ai j 10 /1311(0
4. BCC Office Board of County '\-Ao`-\
S'\ -5Commissioners 4/ t 1S'\ -
5.
. Minutes and Records Clerk of Court's Office
i36 Il\6\1(03C(oPirt
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 missin information.
Name of Primary Staff Mar-lerfen,Sr.Proje Manager Phone Number 252-5773
Contact/ Department KeVite,. 4-4i- 41(is
Agenda Date Item was November 15,2016 - Agenda Item Number Accela Item No.2073
Approved by the BCC 1(0-4:\— `
Type of Document Temporary License&Right of Entry Number of Original 1
Attached Agreement Documents Attached
PO number or account (Only when the document is to be recorded N/A Document is NOT
number if document is in the Public Records) 00+ 4.0to be recorded.
to be recorded r ex.,'✓cic 4 `
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Ye. N/A(Not
appropriate. I f tia Applicable)
1. Does the document require the chairman's original signature? S v p K . C�,1
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 iii•
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
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 final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's it t,
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. i�.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw re;your deadlines!
8. The document was approved by the BCC on i‘ 5 and all changes made
during the meeting have been incorporated in the at ched 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 ,t2 ��
BCC,all changes directed by the BCC have been made,and the document is ready for the ( 4Pj
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
Ann P. Jennejohn 1 6 A J.
From: Ann P. Jennejohn
Sent: Wednesday, November 16, 2016 11:58 AM
To: Hendricks, Kevin (KevinHendricks@colliergov.net)
Subject: Agreement w/Pelican Marsh CDD (11-15-16 Item #16A1)
Attachments: Backup Documents 11_15_2016 Item #16A 1.pdf
Hi Kevin,
A signed copy of the Temporary License and Right of Entry Agreew►ent
with the Pelican Marsh CPP, approved by the Board yesterday,
(Itew► #16A1) is attached For your records.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustwievt Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
1 6 A 1
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, November 16, 2016 11:36 AM
To: Messam, Marlene (MarleneMessam@colliergov.net)
Subject: Item #16A1 (11-15-16 BCC Meeting)
Attachments: Backup Documents 11_15_2016 Item #16A 1.pdf
Good Morning Marlene,
A sigvted copy of the Temporary License and Right of Entry Agreement
with the Pelican Marsh CDD, that was approved by the Board yesterday,
(Item #16A1) is attached for your records.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
1 6 A1
TEMPORARY LICENSE AND RIGHT OF ENTRY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT, a community development district established and created
pursuant to Chapter 190 F.S., whose mailing address is do Anthony P. Pires, Jr., Esq.,
3200 Tamiami Trail North, Suite 200, Naples, Florida 34103 (hereinafter referred to as
"Licensor"), for and in consideration of Ten Dollars ($10.00), the terms and conditions
hereof and other valuable consideration to it in hand paid, does hereby grant unto
COLLIER COUNTY, a political subdivision of the State of Florida, its agents,
contractors or assigns, whose mailing address is 3299 Tamiami Trail East, do the
Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter known as
"Licensee"), the temporary license and right to enter upon the lands of the Licensor,
more particularly described as the Easterly 300 feet of Tract R, Pelican Marsh Unit 22,
according to the plat thereof recorded in Plat Book 31, Page 85, et seq, of the public
records of Collier County, Florida (described and depicted on the attached Exhibit "A"
and hereinafter referred to as the"Property"), for a period of one (1) year from the date
hereof, during construction of the improvements to the intersection of Airport Road and
Galleria Drive for the express purpose of "goring-out"the eastbound-to-northbound left
turn lane on Galleria Drive at its intersection with Airport Road (said improvements are
as described and depicted on the attached Exhibit "B" and hereinafter referred to as
the"Improvements").
1. ENTRY ONTO LICENSOR'S LANDS by Licensee, shall constitute acceptance
of this Temporary License and Right of Entry, and such acceptance shall carry with it
the Licensee's promise to not unreasonably interfere with ingress and egress to
Licensor's lands or the Pelican Marsh community during the period of construction of
the proposed Improvements. The rights and interest granted hereunder are
conditioned upon the reasonable exercise thereof by Licensee and full compliance by
Licensee with the terms of this agreement. Licensee agrees not to unreasonably
interfere with Licensor's use of the Property during the pendency of the work being
undertaken by Licensee.
2. Subject to the provisions of Section 768.28, Florida Statutes, the Licensee
assumes the risk and responsibility for any loss, cost, claim, expense or injury to
property or persons occasioned by, due to or occurring during any entry by Licensee or
its contractors and during the construction of the Improvements by Licensee or its
contractors. Licensee also agrees to promptly repair all damage, other than those
Improvements contemplated in Exhibit"B,"that may occur to the Property and adjoining
or surrounding structures, utility facilities, roadways, sidewalks or property precipitated
by or caused by the Licensee's activity(ies), restoring same to their condition that
existed prior to the entry or construction activity. The foregoing provisions shall survive
the termination of this Agreement. Notwithstanding Paragraph 6 of this agreement,
Licensee shall be provided a reasonable amount of time to restore or repair any
damage to the Property, and Licensor agrees to work in good faith with Licensee to
facilitate such repairs.
3. To the extent permitted by law and without waiver of either parties' claim to
immunity under §768.28, Florida Statutes, and without extending or altering the
Licensor's liability beyond the limits established in §768.28, Florida Statutes, the
Licensee agrees to maintain liability insurance in accord with the amount determined
appropriate by the Licensor's District Manager with the Licensor being named as an
"additional insured". The foregoing provisions shall survive the termination of this
Agreement.
4. Neither this agreement nor any Memorandum thereof shall be recorded in the
public records of Collier County.
5. Any litigation concerning this agreement shall be in the state court of
appropriate jurisdiction in Collier County, Florida.
6. Either party reserves the right to terminate this agreement upon the breach by
the other party of any terms stated herein by providing not less than thirty(30) business
days written notice to the other party's address written above. In the event of such
termination, if the Improvements are not complete, the Licensee shall promptly restore
the Property to the condition that existed prior to the entry or construction activity.
16A1
1
7. Licensee's right of entry onto Licensor's lands is contingent upon no other
provisions, conditions, or premises other than those so stated above; and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
8. This Temporary License and Right of Entry may only be modified by written
agreement signed by both parties.
IN WITNESS WHEREOF, the Licensor and Licensee have caused these
presents to be executed in their respective names this IS 4'1` day of
Nov' M t3 E R , 20 t 6, and do hereby affirm that the individual executing same
has the authority to act on behalf of the Licensor and Licensee respectively, and does
intend that the other party rely on such authority.
Signed in the presence of: PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT,a
community development district established
and created pursuant to Chapter 190 F.S.
r__.__
Witness •1: __ _...—'s.� , .�-"-
/ / By:Frank Oarofalo,0 Chairman
(Signature)
(Printed Name of Witness#1)
Wile #2: i
t J'._ _ syf' y_
(Sig • ure)
`1 `4,1,\i0"li2,
(Printed Name of Witness#2)
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
DTTEST: 140
DWIGHT E.BROCK,Clerk
By: 4/12d°
'DONNA FIALA,Chairman
By: Aggijp'O (�.C
Ir.:- ty Clerk
Attest as '�' •
signature only. _
Approved as to form and legality: Item# -1—
Agenda 1 L 1
Jenn A.Belpedio , ,� , Date l�L==P
Assistant County Attorn'z;y 1
Date \,—L__15_j--
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