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Backup Documents 06/27/2017 Item #16D15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 D 5- 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. Cr **NEW** ROUTING SLIP 4t-IYIy Ce1f'1 XS/ M,yors 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 311ke.b 4. BCC Office Board of County7..\r‘?\, .. X5/ Commissioners rl( /6/ 7\l.)-\ 5. Minutes and Records Clerk of Court's Office 91121111 t(11)(14PRIMARY CONTACT INFORMATION 1�� 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 Sue Zimme an Phone Number 252-2622 Contact/ Depai[went Agenda Date Item was 6/27/17 Agenda Item Number 16D15 Approved by the BCC Type of Document Tolling Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is � / to be recorded ' Y 1/4_, 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 A� 2. Does the document need to be sent to another agency for additional signatures? If yes, SJZ l provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. `.� \=7"e—be--i\t't 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SJZ 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 -oSJZ Office and all other parties except the BCC Chairman and the Clerk to the Board �1�-- 5. The Chairman's signature line date has been entered as the date of BCC approval of the SJZ document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chaurnan's SJZ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 6/27/17 (enter date)and all �� *. changes made during the meeting have been incorporated in the attached document. A ®•p ott. The County Attorney's Office has reviewed the changes,if applicable. �! s 9. Initials of attorney verifying that the attached document is the version approved by th JAKc' .-,i ' "oo` BCC, all changes directed by the BCC have been made,and the document is ready o` to s®u os.o Chairman's signature. 'he \eskse cs�` o,vs c S��e..Z�k.�-c�� n � - >t �c-cs ►-��Z-cozy- 7 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 16015 County--o?Collier CLERK OF THE Cii,CUit COURT COLLIER COUNTY C( TRTHO SE Dwight E.Brock-Clerlpf Circt;it Court 3315 TAMIAMI TEL E STE 102 z P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • st'odian of County Funds July 14, 2017 U.S. Army Corps of Engineers Attn: Cynthia Ovdenk, Enforcement Section Corps of Engineers Regulatory Division 1520 Royal Palm Square Blvd. Suite 310 Ft. Myers, Florida 33919 Re: ACOE Permit SAJ-2011-00485 (IP-MMB)/Tolling Agreement Transmitted herewith are two (2) originals of the above referenced document for further signature, as approved by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, June 27, 2017, during Regular Session. Please forward a fully executed original in the envelope provided for you convience. It will be kept as part of the Boards Official Records. Very truly yours, DWIGHT E. BROCK, CLERK 41 Martha Vergara, Deput i lerk Enclosure Phone- (239)252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 16015 fedex.com 1.800.GoFedEx 1 800.463 3339 w N 3 ig #g m331 i''4 n I n ;zN o zi T la ii 1` II 3r I cCi)h r • 3 i > gs- g i-- ; 'I- — 1 (A rri T1/4— --t G .- - ii§I f z, o (11 on f is coi C 03 03 te - ui i 0 ❑ ❑ w vkr1 C33 ' 3.1. ; $ glif -P- i N [flit O t N d_ p s , I' 110 ❑ ❑ ❑ " ❑ " ❑ ❑ ❑ ." £g ? 11,iHIE i ll o Fu f s ' E l g§ t" Ilii Ifi tiff r ' C3 ❑ 1--1it f ❑ ; 1-4a ' i ' R il ❑v a, f In $ ,, i , 0 0 El r, x ° g g A! ❑i ❑_ Al 9 C; 1 LI l }, P ,E 1 fr cr ❑ 11431Y- ' -' � . a g II r ori 7 -01O33N HOOOd ON 3OVNOVd 3H1 01 ONIXI13tl 3110139 AdOO SIH1 NIV1311 ONY 11fd 1 1 6 0 1 5 TOLLING AGREEMENT WHEREAS, the United States of America, on behalf of the United States Army Corps of Engineers ("Corps") may file a complaint against Collier County Parks and Recreation ("potential defendant(s)") for, inter alia, alleged violations of Sections 301(a), 309, & 404 of the Clean Water Act("CWA"), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401, 403, or 407, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411, 1413), at a site commonly known as Gordan River Greenway Park, Naples, Florida WHEREAS, the purpose of any such complaint would be to obtain appropriate injunctive relief and to impose appropriate civil or criminal penalties for potential defendant'(s)alleged violations of the statute(s) cited above; WHEREAS, the Corps accepted an after-the-fact (`'ATT") permit application from the potential defendant(s) in an attempt to settle the above claims; WHEREAS, both parties believe that their interests will best be served by continuing the ATF permit process without the disruption that might he occasioned should the United States file a complaint in the immediate future; 1 1 6 0 1 5 ANI) WHEREAS both parties acknowledge the requirement found at 33 C.F.R. 331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement; THEREFORE, the United States and potential defendant(s) stipulate and agree as follows: 1. The United States and potential defendant(s) agree that the time between the acceptance by the Corps of the ATF permit application and the final Corps decision (as defined at 33 CFR 331.10)will not be included in calculating any statute of limitations that might be applicable to the alleged statutory violation(s) described above. Potential defendants agree not to assert, plead, or raise in any fashion on behalf of any party, whether by answer, motion, or otherwise, any defense or avoidance based on the running of any statute of limitations that may apply during that period or any defense or avoidance based on laches or other principle concerning the timeliness of commencing a civil action, based on the failure of the United States to file its complaint during that period. 2. Potential defendants further agree not to transfer the property in question during the pendency of this tolling agreement nor during the pendency of any civil action brought as described above, without first notifying the United States and giving the United States a reasonable opportunity to oppose such transfer. 3. Nothing in this tolling agreement shall restrict or otherwise prevent the United States from filing a complaint regarding any alleged statutory violation(s) not described above, at any time. 4. This tolling agreement does not constitute any admission of liability on the part of potential defendants; nor does it constitute any admission or acknowledgment on the part of the 2 1 6 0 1 5 United States that any statute of limitations has run or that any statute of limitations is applicable to the statutory claims described above. 5. This tolling agreement contains the entire agreement between the parties, and no statement, promise or inducement made by any party to this agreement, or any agent of such parties, that is not set forth in this agreement shall be valid or binding. This tolling agreement may not be enlarged, modified or altered except in writing signed by the parties. This tolling agreement may be executed in counterparts. FOR the United States of America: r, >41.. Assistant District Counsel DATE Jacksonville District, U.S.Army Corps of Engineers FOR ("potential defendant(s)") /7..a/ji/2 ' . it., Gi aq J i`? SIGNATURE _ DATE Q ,r,;h fl? . 1 ATTEST .•..... -`1.: PENNY TAYLOR, CHAIRMAN DW GAT. :ROCK C44 K st, . ® y PRINT NA I: Ja](` QeputYOIerl' Approv- • :a,- n and legality Attest aS tothain11an S signature'6fh� .Y Jeffrey A. 1" -w, ' , ounty Attorney 1 60 1 5 Administration Building 15000 Livingston Road Naples, FL 34109 Office-239-252-4053 Andrienne.Stevenson@colliercountyfl.gov (NOTE:Email address Has Changed) From:ZimmermanSue Sent: Monday,January 29, 2018 11:32 AM To:StevensonAndrienne<Andrienne.StevensonWcolliercountvfl.gov> Subject: RE:TOLLING AGREEMENT LETTER Andrienne: Can you scan the letter and (hopefully) attached signed Tolling Agreement and email it to me? If not, please give it to Nancy Olsen. Even if you can scan it to me,the original should go to Nancy and let her know you sent me a copy. THANK YOU! Sue From:StevensonAndrienne Sent: Monday,January 29, 2018 11:24 AM To: ZimmermanSue<Sue2immerman@colliercountyfl.gov> Subject:TOLLING AGREEMENT LETTER Good morning, I received a letter today addresses to Parks & Rec C/O to you. Not sure if I can inner office this over to you. Let me know. Andrienne Stevenson Fiscal Technician Pot k ' e , _ Parks and Recreation Administration Building 15000 Livingston Road Naples, FL 34109 2 160. 15 �pIT Op �#.,..-0. -04,., �� DEPARTMENT OF THE ARMY ate' x JACKSONVILLE DISTRICT CORPS OF ENGINEERS a'� ": 1520 Royal Palm Square Boulevard, Suite 310'' Fort Myers, Florida 33919 O STATES OF w REPLY TO ATTENTION OF January 22, 2018 Regulatory Division Special Projects and Enforcement Branch SAJ-2011-00485 Collier County Parks and Recreation Department do Sue Zimmerman 15000 Livingston Road Naples, Florida 34109 Attention Collier County Parks & Recreation Department: We have enclosed your copy of the fully executed tolling agreement. The alleged violation involves unauthorized fill activities that took place in wetlands on your property located at Gordon River Greenway Park located in Sections 27 and 34, Township 49 south, Range 25 east, Naples, Collier County, Florida. The signed tolling agreement will allow us to consider your request for after-the-fact authorization for all or part of your project. Final approval of your request, however, will depend on the relative merits of your project in relation to rules and regulations governing the activities requested and on the standards we follow for all projects under review in our regulatory program. Thank you for your cooperation with our regulatory program. If you have questions regarding this matter please contact Cynthia Ovdenk at the letterhead address, by email at cynthia.d.ovdenkusace.armv.mil or by telephone at 239-334-1975. Sincerely, for: Robert J. Halbert Chief, Enforcement Section Enclosure 1 6015 TOLLING AGREEMENT WHEREAS,the United States of America, on behalf of the United States Army Corps of Engineers("Corps") may file a complaint against Collier County Parks and Recreation ("potential defendant(s)") for, inter alia. alleged violations of Sections 30I(a). 309, & 404 of the Clean Water Act("CWA"), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401, 403, or 407, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411, 1413), at a site commonly known as Gordan River Greenway Park, Naples, Florida WHEREAS,the purpose of any such complaint would be to obtain appropriate injunctive relief and to impose appropriate civil or criminal penalties for potential defendant'(s)alleged violations of the statute(s)cited above; WHEREAS,the Corps accepted an after-the-fact ("ATF")permit application from the potential defendant(s) in an attempt to settle the above claims; WHEREAS, both parties believe that their interests will best be served by continuing the ATF permit process without the disruption that might be occasioned should the United States file a complaint in the immediate future; 1 1 6015 AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R. 331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement; THEREFORE, the United States and potential defendant(s) stipulate and agree as follows: 1. The United States and potential defendant(s) agree that the time between the acceptance by the Corps of the ATF permit application and the final Corps decision(as defined at 33 CFR 331.10)will not be included in calculating any statute of limitations that might be applicable to the alleged statutory violation(s)described above. Potential defendants agree not to assert, plead,or raise in any fashion on behalf of any party. whether by answer, motion, or otherwise, any defense or avoidance based on the running of any statute of limitations that may apply during that period or any defense or avoidance based on laches or other principle concerning the timeliness of commencing a civil action, based on the failure of the United States to file its complaint during that period. 2. Potential defendants further agree not to transfer the property in question during the pendency of this tolling agreement nor during the pendency of any civil action brought as described above, without first notifying the United States and giving the United States a reasonable opportunity to oppose such transfer. 3. Nothing in this tolling agreement shall restrict or otherwise prevent the United States from filing a complaint regarding any alleged statutory violation(s) not described above, at any time. 4. This tolling agreement does not constitute any admission of liability on the part of potential defendants; nor does it constitute any admission or acknowledgment on the part of the 2 1 6 D 1 5 United States that any statute of limitations has run or that any statute of limitations is applicable to the statutory claims described above. 5. This tolling agreement contains the entire agreement between the parties, and no statement. promise or inducement made by any party to this agreement, or any agent of such parties, that is not set forth in this agreement shall be valid or binding. This tolling agreement may not be enlarged, modified or altered except in writing signed by the parties. This tolling agreement may be executed in counterparts. FOR the United States of America: Assistant District Counsel DATE Jacksonville District, U.S. Army Corps of Engineers FOR("potential defendant(s)") -&lry ((jag In SIGNATURE DATE ATTEST,` EI PENNY TAYLOR, CHAIRMANDW .E ROCK CLERK PRINT NA i I . Y ClerkApprov- and legality RtteSt$toChak afl'S 111 3 signatureo iy. Jeffrey A. r! ' . ounty Attorney