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Agenda 10/08/2013 Item #16A13
10/8/2013 16.A.13. EXECUTIVE SUMMARY Recommendation to approve a resolution authorizing the Chairwoman to execute an Airspace Agreement (with attached Addendum) between Collier County and the Florida Department of Transportation for the lease of emergency access ramps to and from I-75 at Everglades Boulevard and approve all necessary budget amendments. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) for a Resolution to execute an Airspace Agreement with attached Addendum (hereafter, the "Agreement") between Collier County and the Florida Department of Transportation (FDOT) for the lease of emergency access ramps to and from I-75 at Everglades Boulevard. CONSIDERATIONS: The current ramps to and from I-75 at Everglades Boulevard were built in 2009 for the expected duration of three (3) years only to provide access to construction vehicles for the Merritt Pump Station construction. The original FDOT (General Use) Permit (2009-K-192-37) for this location, however, was extended to December 2016. On March 20, 2012, Collier County asked FDOT to keep the ramps permanently in place to provide access for emergency response vehicles and evacuations. On June 19, 2012, Collier County provided detailed emergency response information to FDOT justifying the need for emergency access to the ramps (copy attached). In response, FDOT drafted the attached Agreement that would provide the access requested. FDOT will execute the Agreement following the Board's approval of the attached Resolution and Agreement. Furthermore, because of FDOT's approval, the United States Army Corps of Engineers does not object. Pursuant to the Agreement, Collier County agrees to maintain the facilities but the attached addendum specifically states that FDOT will maintain the deceleration lanes and the on and off ramps of I-75, while Collier County will maintain the gates and the portions of the ramps outside of FDOT right-of-way. Collier County also agrees to ensure access to the ramps is made available only to emergency vehicles and the gates restricting access are properly secured and locked when not in use by emergency vehicles. The gates are currently managed and controlled by the lead construction contractor working with the US Army Corps of Engineers. Once the County assumes responsibility for the gates, Collier County Emergency Management will maintain operational procedures for automated gate control systems and maintenance. Collier County Emergency Management is at present time working to address issues including electronic keypad entry, security camera and signage, universal public safety remote access for emergency vehicles, power source needs (both commercial and solar) and gate pass-code distribution process. Also included should be any minor site work and/or abandoned guard shack removal. These upgrades and improvements will be needed because there will no longer be a guard station/attendant at the entrance gate. FISCAL IMPACT: When Collier County Emergency Management takes over operations, there will be an initial cost associated with addressing the upfront safety and security concerns mentioned above not to exceed $30,000. There will also be ongoing costs for operations, and for maintenance of the gate control system, the gate itself, the roadway that is outside of FDOT's Packet Page-1471- 10/8/2013 16.A.13. right-of-way and associated mowing etc. not to exceed $5,000 per year. Upon turnover, the County's obligation under this agreement will be funded from general operations. A budget amendment up to $30,000 may be necessary moving funds to the appropriate operating cost center. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There are no adverse impacts to the Growth Management Plan. RECOMMENDATION: That the Board approve the attached resolution and that the Chairwoman execute the attach Airspace Agreement with FDOT and approve all necessary budget amendments. Prepared by: Reed Jarvi,P.E., Transportation Planning Manager Attachments: 1) Resolution; 2) Airspace Agreement and Addendum; 3) June 19, 2012 Letter to FDOT Packet Page-1472- 10/8/2013 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve a resolution authorizing the Chairwoman to execute an Airspace Agreement (with attached Addendum) between Collier County and the Florida Department of Transportation for the lease of emergency access ramps to and from 1-75 at Everglades Boulevard and approve all necessary budget amendments. Meeting Date: 10/8/2013 Prepared By Name: ArmstrongDebbie Title: Project Manager,Transportation Planning 9/10/2013 3:00:18 PM Submitted by Title:Transportation Planning Manager, GMD Name: JarviReed 9/10/2013 3:00:19 PM Approved By Name: SummersDan Title: Director-Bureau of Emergency Services, Date: 9/11/2013 8:39:04 AM Name: JarviReed Title: Transportation Planning Manager, GMD Date: 9/12/2013 11:50:55 AM Name: ShueGene Date: 9/13/2013 1:19:18 PM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 9/18/2013 3:36:42 PM Packet Page-1473- 10/8/2013 16.A.13. Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/25/2013 8:00:27 AM Name: TeachScott Title:Deputy County Attorney,County Attorney Date: 9/27/2013 4:48:27 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/30/2013 9:54:23 AM Name: KlatzkowJeff Title: County Attorney Date: 9/30/2013 1 1:37:42 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/30/2013 12:25:28 PM Packet Page-1474- 10/8/2013 16.A.13. RESOLUTION 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AUTHORIZING ITS CHAIRWOMAN TO EXECUTE AN AIRSPACE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR THE LEASE OF EMERGENCY ACCESS RAMPS TO AND FROM 1-75 AT EVERGLADES BOULEVARD. WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it is in the public's interest to enter into an Airspace Agreement with the Florida Department of Transportation ("FDOT") allowing for the lease of emergency access ramps to and from 1-75 at Everglades Boulevard, within the limited access right of way, to allow emergency vehicles to provide a faster emergency response time to the public; and WHEREAS, the property is generally described as the FDOT Limited Access Right of Way located on State Road 93 (1-75) as identified in Project Number 2007121, Section/Job 0317-2405, and as more particularly identified in the attached Airspace Agreement, including its attached Exhibits; and WHEREAS, the property is to be leased to Collier County under the Airspace Agreement for the limited public purpose of allowing the use of emergency access ramps for emergency vehicles to enter and exit 1-75 at Everglades Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. The Collier County Board of Commissioners approves and authorizes its Chairwoman to sign the attached Airspace Agreement with the FDOT. 2. A certified copy of this Resolution shall be forwarded to FDOT along with the Airspace Agreement for execution by FDOT. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Georgia A. Hiller, Esq., Chairwoman Approved as to form and legality: Sje-b if /2 Scott It Teach, Deputy County Attorney Packet Page -1475- 10/8/2013 16.A.13. 23 CFR,Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575.08042 AIRSPACE AGREEMENT RIGHT OFWAY OGC—MVOS Paps 1 of 7 ITEM/SEGMENT NO.: 2007121 MANAGING DISTRICT: 1 F.A.P.NO.: 1-75-4(71)87 STATE ROAD NO.: 93(1-75) • COUNTY: Collier PARCEL NO.: 155(Part) THIS AGREEMENT,made this day of ,between Collier County a political subdivision of the State of Florida.3299 Tamiami Trail East Suite 800.Naples,FL 34112 (Lessee)and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(Department),an agency of the State of Florida (State). WITNESSETH: WHEREAS,the Department may convey a leasehold in the name of the State,in any land,buildings,or other property,real or personal,acquired under Section 337.25,Florida Statutes;and WHEREAS,the United States Department of Transportation,Federal Highway Administration(FHWA),requires any use of airspace above,and/or below the highway's established gradeline,lying within the approved right of way limits on a Federal Aid System,to be accomplished pursuant to an airspace agreement in accordance with 23 CFR,Part 710,and WHEREAS,the Department has acquired sufficient legal right,title,and interest in the right of way of State Road 93(1-75) which includes the property described in Exhibit`A`attached hereto and made a part hereof, which right of way is part of a highway on a Federal Aid System;and WHEREAS,the Department desires to lease to Lessee the airspace above or below the predefine of the property described in Exhibit"A°,attached and made a part hereof for the following purpose: Allow temporary emeraencv access ramps to and from 1-75 at Everglades Boulevard to remain in place within the limited access right of way for emeraencv vehicles providing a faster emeroency response time to the public. WHEREAS,the proposed use will not impair the full use and safety of the highway,require or permit vehicular access to such space directly from the established predefine of said highway,or interfere with the free flow of traffic on said highway. NOW,THEREFORE,in consideration of the premises made a part hereof,and the covenants,promises,understandings,and agreements made by each party to the other as set forth herein,the Department and the Lessee do hereby mutually agree as follows: 1. Premises The premises hereto are true and correct and form an integral part of this Agreement. 2. Term The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of twenty five(25)years beginning with the date of this Agreement. One renewal of this Agreement may be made for H term to be determined at renewal . However,except for a public purpose conveyance,such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property lying below said airspace. 3. Rent a. Lessee shall pay to the Department as rent each Q month 0 quarter 0 year on or before the first day of each rent Packet Page -1476- 10/8/2013 16.A.13. 575-06692 RIGHT OF WAY OGC-06109 Paps 2of 7 payment period, N/A plus applicable sales tax. When this Agreement is terminated,any unearned rent and sales tax payment shall be refunded to Lessee. However,no such refund shall be made where termination is due to Lessee's violation of a term or condition of this Agreement. b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions. c. All rental payments are to be made by check or money order,payable to the State of Florida Department of Transportation and delivered on or before the due date to: N/A d. Lessee shall be responsible for all state,county,city,and local taxes that may be assessed,including real property taxes and special assessments. In the event that no rent is specified herein,then it has been determined that either the use by Lessee is a nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement(23 U.S.C.Section 156)has been obtained for social,environmental,or economic mitigation(SEE)purposes. In the event that it should be determined at any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been revoked,Lessee agrees to pay,at that time,rent as determined to be the fair market rental value by an independent appraiser certified by the Department,and Lessee further agrees to pay such rent,under the remaining terms and conditions of this Paragraph 3,for the remaining term(including renewals)of this Agreement. e. Any installment of rent not received within ten(10)days after the due date shall bear interest at the highest rate allowed by law from the due date thereof,per Section 55.03(1),Florida Statutes. This provision shall not obligate the Department to accept late rent payments or provide Lessee a grace period. 4. Use.Occupancy.and Maintenance a. The Lessee shall be responsible for developing and operating the airspace as set forth herein. b. The Lessee's proposed use of the airspace is as follows: To allow emergency vehicles ingress/egress to and from 1-75 to provide for faster emergency response time to the public.but not for public use. c. The general design for the use of the airspace,including any facilities to be constructed,and the maps,plans,and sketches setting out the pertinent features of the use of the airspace In relation to the highway facility are set forth in composite Exhibit"B" attached hereto and by this reference made a part hereof. In addition,said composite Exhibit"B"also contains a three-dimensional description of the space to be used,unless the use is of a surface area beneath an elevated highway structure or adjacent to a highway roadway for recreation,public park,beautification,parking of motor vehicles,public mass transit facilities,or other similar uses,in which case,a metes and bounds description of the surface area,together with appropriate plans or cross sections dearly defining the vertical use limits,may be substituted for said three-dimensional description in said composite Exhibit"B" d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in Exhibit "B"shall require prior written approval from the appropriate District Secretary of the Department,subject to concurrence by the FHWA. e. The Department,through its duly authorized representatives,employees,and contractors,and any authorized FHWA representative,may enter the facility at any time for the purpose of inspection,maintenance,or reconstruction of the highway and adjacent facilities,when necessary;or for the purpose of surveying,drilling,monitoring well installations,sampling,remediation,and any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard. f. Lessee,at Lessee's sole cost and expense,shall maintain the facility to occupy the airspace so as to assure that the structures and the area within the highway right of way boundaries will be kept in good condition,both as to safety and appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. In the event that Lessee fails to so maintain the facility,the Department,through its duly authorized representatives,employees,and contractors, may enter the facility to perform such work,and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the Department upon the performance of such work. g. Portable or temporary advertising signs are prohibited. Packet Page-1477- 10/8/2013 16.A.13. 676.060.32 RIGHT OF WAY ooc.Moe Page 3 or 7 h. The design,occupancy,and use of the airspace shall not adversely affect the use,safety,appearance,or enjoyment of the highway by smoke,fumes,vapors,odors,droppings,or any other objectionable discharges or emissions,or nuisances of any kind therefrom. When,for the proposed use of the airspace,the highway requires additional highway facilities for the proper operation and maintenance of the highway,such facilities shall be provided by the Lessee without cost to either the Department or the FHWA and subject to both Department and FHWA approval. J. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace. k. Lessee shall not occupy,use,permit,or suffer the airspace,the property,the facility,or any part thereof to be occupied or used for any illegal business use or purpose,for the manufacture or storage of flammable,explosive,or hazardous material,or any other hazardous activity,or in such manner as to constitute a nuisance of any kind,nor for any purpose or in any way in violation of any present or future federal,state,or local laws,orders,directions,ordinances,or regulations. I. Any activities in any way involving hazardous materials or substances of any kind whatsoever,either as those terms may be defined under any state or federal laws or regulations,or as those terms are understood in common usage,are specifically prohibited. The use of petroleum products,pollutants,and other hazardous materials affecting the property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary,as determined by the Department. Similarly,if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the airspace under lease,the Lessee shall be held similarly responsible. The Lessee shall indemnify,defend,and hold harmless the Department from any claim,loss,damage,cost,charge,or expense arising out of any such contamination. m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the same. 5. Indemnification, (select applicable paragraph) E4 Lessee is a Governmental Agency To the extent provided by law,Lessee shall indemnify,defend,and hold harmless the Department and all of its officers, agents,and employees from any claim,loss,damage,cost,charge,or expense arising out of any act,error,omission,or negligent act by Lessee,Its officers,agents,or employees,during the performance of the Agreement,except that neither Lessee,its agents,or its employees will be liable under this paragraph for any claim,loss,damage,cost,charge,or expense arising out of any act,error, omission,or negligent act by the Department or any of its officers,agents,or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of services required under this Agreement,the Department will immediately forward the claim to Lessee. Lessee and the Department will evaluate the claim and report their findings to each other within fourteen(14)working days and will jointly discuss options in defending the claim. After reviewing the claim,the Department will determine whether to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee. The Department and Lessee will each pay its own expenses for the evaluation,settlement negotiations,and trial,if any. Note: No longer required for local governments. O Lessee is not a Governmental Agency Lessee shall indemnify,defend,save,and hold harmless the Department,its agents,officers,and employees,from any losses,fines,penalties,costs,damages,claims,demands,suits,and liabilities of any nature,including attorney's fees(including regulatory and appellate fees),arising out of or because of any acts,action,neglect,or omission by Lessee,or due to any accident, happening,or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights hereunder whether the same regards person or property of any nature whatsoever,regardless of the apportionment of negligence, unless due to the sole negligence of the Department. Lesee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to associate with the Department in the defense and trial of any claim and any related settlement negotiations,shall be triggered by the Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the Department The Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend. Note: No longer required for local governments. 6. Insurance. Lessee at its expense,shall maintain at all times during the term of this Agreement,public liability insurance protecting the Department and Lessee against any and all claims for injury and damage to persons and property,and for the loss of life Packet Page -1478- 10/8/2013 16.A.13. , 57 RIGHT OF WAY OGC-MOO Page 4of7 or property occurring in,on,or about the land arising out of the act,negligence,omission,nonfeasance,or malfeasance of Lessee,its employees,agents,contractors,customers,licensees,and invitees. Such insurance shall be carried in a minimum amount of not less than Self Insured F.S.768.28 ($ )for bodily injury or death to any one person or any number of persons in any one occurrence and not less than Self Insured.F.S.768.28 ($ ) for property damage,or a combined coverage of not less than Self insured.F.S.768.28 ($ ). All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified unless the Department is given at least sixty(60)days prior written notice of such cancellation or modification. Lessee shall provide the Department certificates showing such insurance to be in place and showing the Department as additional insured under the policies. If self-insured or under a risk management program,Lessee represents that such minimum coverage for liability will be provided for the property. 7. Termination a. This Agreement may be terminated by either party without cause upon ninety ,(9D)days prior written notice to the other party. I i b. It Is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement immediately without prior notice,in the event the Lessee violates any of the conditions of this Agreement and such violation is not corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and the Department deems it necessary to request the removal of the facility on the property,the removal shall be accomplished by the Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA. c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty(30)days prior to the expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to renew the Agreement. d. Upon termination of this Agreement,Lessee shall deliver the property to the Department,or its agents,in the condition existing at the commencement of this Agreement,normal wear and tear excepted,unless a facility,any improvement,or any part thereof has been constructed on the property. e. If removal of the facility,improvements,or any part thereof is requested by the Department,any such structures shall be removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as nearly as practicable. f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose or is abandoned. 8. Eminent Domain Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any Interest suffered or lost as a result of termination of this Agreement,including any residual interest in the Agreement or any other facts or circumstances arising out of or in connection with this Agreement. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation,or damages of any sort,including special damages,severance damages,removal costs,or loss of business profits,resulting from Lessee's loss of occupancy of the property specified in this Agreement,or any such rights,claims,or damages flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified In this Agreement. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation,or damages of any sort as set out above,as a result of Lessee's loss of occupancy of the property,when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof: This waiver and relinquishment applies whether this Agreement is still in existence on the date of taking or sale or has been terminated prior thereto. 9. Miscellaneous a. The airspace and Lessee's rights under this Agreement shall not be transferred,assigned,or conveyed to another party without the prior written consent of the Department,subject to concurrence by the FHWA b. In conformance with the Civil Rights Act of 1964(Title VI,Appendix"C")and 49 CFR Part 21,Lessee agrees as follows: 1. That as a part of the consideration hereof,Lessee does hereby covenant and agree as a covenant running with the land that(1)no person,on the ground of race,color,sex,or national origin shall be excluded from participation In,be denied the benefits of, or be otherwise subjected to discrimination in the use of said property and facility;(2)that in connection with the construction of any improvements on said property and facility and the furnishing of services thereon,no discrimination shall be practiced in the selection of Packet Page-1479- 10/8/2013 16.A.13. 576.080,42 RIGHT OF WAY *.•: OGC 08106 Page 5 of 7 employees and contractors,by contractors;and(3)that the Lessee shall use the property and facility in compliance with all other requirements imposed pursuant to 15 CFR Part 8,Subpart A. 2. That in the event of breach of any of the above covenants,the Department shall have the right to terminate this Agreement and to re-enter and repossess said property and the facility thereon,and hold the same as if this Agreement had never been made or issued. c. During the term of this Agreement Lessee shall,at Lessee's own cost and expense,promptly observe and comply with all present or future laws,requirements,orders,directions,ordinances,and regulations of the United States of America,the State of Florida,county or local governments,or other lawful authority whatsoever,affecting the land,property,and facility or appurtenances or any part thereof,and of all insurance policies covering the property,land,and facility,or any part thereof. d. In addition to or in lieu of the terms and conditions contained herein,the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s),the provisions of the Addendum(s)shall control,unless the provisions thereof are prohibited by law. e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements,understandings,or negotiations with respect thereto. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. Lessee acknowledges that it has reviewed this Agreement,is familiar with its terms,and has had adequate opportunity to review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements,oral or written,heretofore made between the parties and/or between Lessee and any previous owner of the property and landlord of Lessee are merged in this Agreement,which alone,fully and completely express the agreement between Lessee and the Department with respect to the subject matter hereof. No modification,waiver,or amendment of this Agreement or any of its conditions or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties. g. Lessee shall be solely responsible for all bills for electricity,lighting,power,gas,water,telephone,and telegraph services,or any other utility or service used on the property. h. This Agreement shall be governed by the laws of the State of Florida,and any applicable laws of the United States of America. I. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the property address provided herein or otherwise provided in writing to the Department. Amok Packet Page -1480- 10/8/2013 16.A.13. n RIGHT OF WAY OGC.06/09 Pegs CofT IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed,the day and year first above written. STATE OF FLORIDA Board of County Commissioners.Collier Co.FL DEPARTMENT OF TRANSPORTATION LESSEE(Company Name,if applicable) By: By: rApk District Secretary Name: Name: Billy L.Hattaway.P.E. Title: Chairman Attest: Attest: (Seal) Name/Title: Name: Legal Review: Title: District Counsel Name: ATTEST DWIGHT E. BROCK, CLERK BY: Approved as to form&legal 011 Deputy County Attorney Packet Page-1481- 10/8/2013 16.A.13. RIGHT OF i•AY CGC-G Paao 7 cf 7 ADDENDUM This is an Addendum to that certain Lease Agreement between Collier County and the State of Florida Department of Transportation dated the day of In addition to the provisions contained in said Agreement,the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9(b)of said Agreement: PLEASE NOTE: State of Florida Department of Transportation does hereby agree to maintain per FDOT maintenance standards the deceleration lanes and the on and off ramps of 1-75 at Everglades Boulevard within FDOT right of way only in conjunction with this Airspace Agreement between Collier County and the State of Florida Department of Transportation for the use stated herein this agreement. Collier County agrees to ensure access to the ramps is made available only to emergency vehicles and that the gates restricting access are properly secured and locked when not in use by emergency vehicles.Collier County agrees to maintain the gates in a proper working order as well as the portions of the ramps outside of FDOT right of way in accordance with FDOT maintenance standards. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LESSEE(Company Name,if applicable) By: By: District Secretary Name: Name: Title: Attest: Attest: (Seal) Name/Title: Name: Legal Review: Title: . "" �f' '-�• '��' District Counsel Name: .7.90 t-v '1 -1A J 777 Packet Page-1482- -_.__ 10/8/2013 16.A.13. (..Vt4 F.P. NO. 2007121 �1'fl SECTION 03175-2405(03001-2501) „//01/4/ PARCEL 155(Part) Temporary Release of Limited Access Right of Way A) All rights of ingress, egress, light, air and view along that portion of a Limited Access Right of Way line lying between the Grantors facility and the adjacent lands north of said Grantors facility, being on State Road 84/93 (Interstate 75) per Section Number 03175-2405(03001-2501) and lying in the southeast 1/4 of • Section 31, Township 49 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 31, also being the northeast corner of Section 6, Township 50 South, Range 28 East; thence run South 00°05'35" East along the east line of said Section 6 for 109.94 feet to the base line of survey for State Road 84/93 (Interstate 75) ; thence run South 89°37'10" West along • said base line of survey for 1,431.61 feet to a point of intersection with the centerline of survey for Everglades Boulevard; thence run North 00°29'16" West along said centerline . of survey for 265.23 feet to a point; thence departing said centerline of survey run South 89°49'53" West for 100.00 feet to the point of intersection of-the north Limited Access Right of Way line for State Road 84/93 (Interstate 75) with the west Limited Access Right of Way line for Everglades Boulevard; thence run South 89°49'53" West along said north Limited Access Right of Way line for State Road 84/93 (Interstate 75) a distance of 28.00 feet to the POINT OF BEGINNING for the release of said Limited Access Right of Way and the beginning of Free Access rights; thence continue South 89°49'53" West along said north Limited Access Right of Way line for 20.00 feet to the Point of Termination of Free Access rights. ALSO B) All rights of ingress, egress, light, air and view along that portion of a Limited Access Right of Way line lying between the Grantors facility and the adjacent lands south of said Grantors facility, being on State Road 84/93 (Interstate 75) per Section Number 03175-2405(03001-2501) and lying in the northeast 1/4 of Section 6, Township 50 South, Range 28 East, Collier County, Florida, being more particularly described as follows: EXHIBIT "A" Pagel of 2 Packet Page-1483- 10/8/2013 16.A.13. n<y `t' Commence at the northeast corner of said Section 6; also being the southeast corner of Section 31, Township 49 South, Range 28 East; thence run South 00°05'35" East along the east line of said Section 6 for 109.94 feet to the base line of survey for State Road 84/93 (Interstate 75) ; thence run South 89°37'10" West along said base line of survey for 1,431.61 feet to a point of intersection with the centerline of survey for Everglades Boulevard; thence run South 00°29'16" East along said centerline of survey for 84.77 feet to a point; thence departing said centerline of survey run South 89°49'53" West for 100.00 feet to the point of intersection of the south Limited Access Right of Way line for State Road 84/93 (Interstate 75:) with the west Limited Access Right of Way line for Everglades Boulevard; thence run South 89°49'53" West along said south Limited Access Right of Way line for State Road 84/93 (Interstate 75) a distance of 26.00 feet to the POINT OF BEGINNING for the release of said Limited Access Right of Way and the beginning of Free Access rights; thence continue South 89°49'53" West along said south Limited Access Right of Way line for 20.00 feet to the Point of Termination of Free Access rights. All being identified and depicted on Map Exhibit "B" attached hereto. L-2-1 Description Approved by: William E. Ray P.L.S. #2737 Date: IP- NOT VALID UNLESS EMBOS- S EXHIBIT "A" Page 2 of 2 Packet Page-1484- 10/8/2013 16.A.13. eM s ii w E 8 �aE \ N u,-u° \ o-.. 0 II _ '-_aun uo»a5 v nn b6'60T \ f ? __ , 3.se,so.00 s _ e a oa� rn P" E W 1/1 .00'03E V1 to W ... n r al 0 N L N n n LW 00 i o° ,� 5. E N e N ! c 0 w o! LL COT \3 i \ '�" 41 - 9 ro . ° 1 G s In a c c o3 , , a z =J .r Q. _ .- w cr;0_ rn I u c � s o� s :� L7 C ` 3 0 H o O c ^ kO I— (0 zi 0 O o a .c C ,1 t= m w a O 0 C � -J I u Ol • ¢ • O i U1 i F1 \ \ VI paenaInv8 sapei6Jan3 ° M .9T,6Z.00 N ,(anins ao . ,EZ'S9Z r ,LL'bH I_ 3 .•T,6Z.00 2 >,;, o o: o o +c < > O 01 Ai N 10 I.,. Ct -/-7---/ ..--j _ /—/—/ CO. V) aun J aun =_ �(eM-42 346!a V/l • ) 3 —�CeM Jo 4461a tl/1 e� F- J c ro I-' O 0 ; p cN 0 z �,n ,n a¢ o, qm, m-y I- m V I W I--6 G E Et 2 1v. t a. z . \'■ o0 ou\� ag C Y N Q ai N G LL G N �. W \ 2 \ dC O.J i ,6 d CJ t c2 CC o • vl a m .00•osc • Packet Page-1485- 10/8/2013 16.A.13. iter County ....0000-0%.---91.....g....,„ Growth Management Division Planning & Regulation Land Development Services Transportation Planning June 19, 2012 Billy L. Hattaway, P.E., District Secretary Florida Department of Transportation 801 North Broadway Avenue Bartow, FL 33830 Re: 1-75 at Everglades Boulevard Emergency Access Dear Mr. Hattaway: On behalf of Collier County, on March 20, 2012 I sent a request that the temporary ramp at 1-75 and Everglades Boulevard remain in place for emergency access. In response to your letter asking for incident response data to support our request, data collected from emergency response agencies is enclosed herein. Mr. Richard A. Zyvbolosky Jr., FPEM, coordinator for Collier County's Emergency Management Department, provided the attached maps and the bulleted information below; Exhibits A-1 and A- 2 show a significant number of resources can readily be brought to stem a threat from a wildfire, or other emergency situation if the temporary ramps at 1-75 and Everglades Boulevard remain in place. • Speed limits associated with main roads: Golden Gate Blvd =45 mph, Everglades Blvd = 45 mph, Collier Blvd (951) = 45 mph, generally, 1-75 = 70 mph. All roadways except for 1-75 are in the vicinity of neighborhoods and/or local traffic. • Current address points (homes) only accessed by Everglades Boulevard: 31 (31 x 2.5 people/homes = 78 potential people affected) • Address points north of 1-75 and south of Golden Gate Blvd, along Everglades Boulevard area: >2,000 (2000 x 2.5 = 5,000 potential people affected). • The following stations can respond to a wildfire: o Only Golden Gate Stations 71 &73 and Big Corkscrew Island Fire Department Station 10 are readily available to the area: approx 10 miles in distance from the area. o With 1-75 access available, the following additional stations can respond to the Everglades Boulevard area: Golden Gate Station 70 = 14 miles, Golden Gate Station 72 = 11 miles, East Naples Fire Department (ENFD) Station 20 = 16 miles, ENFD Station 23 = 19.7 miles, & ENFD Station 21 = 20.5 miles. Without 1-75 access, there would be 16.7 miles added to Stations 72, 20, 21 & 23. 0 i^a t e i-^a:vtl37e= :DM c n•P?a irirp 6 R u`a:o-•21-1,-,\nrft, .:xsash Dna•N, a F"U'm 341U.44•235,252-24u•?"3iw,G„<ter; 'et Packet Page-1486- 10/8/2013 16.A.13. Page 2 Exhibits B-1 and B-2 show the location of the Sheriff's Office sub-stations and district offices. Exhibit C shows how distance and time, because of the speed/road conditions, are reduced when responding from the area in the RED box. The RED box contains over 700 address points @ 2.5 persons/household = >1,750 people. Everglades Boulevard 175 interchange provides the best chance for survival for those people when dealing with an emergency situation. Exhibit D is from the Collier County Sheriff's Office and addresses agency's incident response distance, time and type and for the years 2009 through May 15th of 2012. As can be seen in the above analyses and attached exhibits, use of the temporary ramps at 1-75 and Everglades Boulevard will greatly enhance the survivability of the people living in Golden Gate Estates and the community accessed only by Everglades Boulevard south of 1-75. Current Fire response is enhanced by allowing up to five (5) additional fire stations to respond via the 1-75 ramp at Everglades Boulevard, saving up to 21 minutes of response time (14.9 miles vs. 24.8 miles for Station 20). The Sheriff's Office will add three (3) additional stations to the response area, saving approximately 5 minutes of response time (response from District 2 Station vs. District 4 Station). Lastly, EMS and ambulance service are also enhanced with the addition of the temporary ramps at 1-75 and Everglades Boulevard. The best chance for survival of a heart attack or stroke patient going to NCH downtown is enhanced by 10 minutes by using the ramps at 175 and Everglades Boulevard. And every minute counts when a person has a heart attack. As stated in my previous correspondence to you, and due to the tremendous need for emergency services access for the Golden Gate Estates residents and the community to the south of 1-75, we strongly recommend that the existing temporary ramps at the Everglades Parkway crossing of 1-75 remain in place for future emergency use. Thank you again for your consideration of this important issue. Sincerely, i Reed K.Jarvy'P.E. Transportatrbn Planning Manager Land Development Services Growth Management Division Cc: Nick Casalanguida, Administrator Growth Management Division 011 7,,T,...ot 3!ic ter-c-1 i'; --.P.eil-rp Sz RcsluYa or 2B3:No ''F"QTSE.'-s e D,._'N .�,,i8'& toa.,34%4 C_X `iomG �3 ���'&ud�ra,u, .iµ, 'o it Packet Page-1487- 10/8/2013 16.A.13. Exhibit "A-1" its{- -ta 'F—i" — 'TTAS3',.,, M ( ,, — ut.. 4s �rr[ Ic f' I l'n + ::-,--1.,. r4 µ 1 -i b1t 1 0: h $ �t a F'.at` _ T1- at ':� "W 1,c4.... . ,,:::;...6ii 4,- 444 y. `'� IY'r i F YA V� 1W�+Y I . 1,,.H �.. i 1. r y i+�- I ( -N 1 _:b '` -f r a BIB corkscrew Isl.Fire Station 10 iw ' 1.41'' 1 North Naples Fire ton 42 1 ! t�- _ . „d�, , r a { �"-d. .--' i' --a: ��. •,..t �L ' } ° :i7"--4.7-11'' .'° Golden Gate Fire Station 73 , �'i. k fir. u f '�s � �_� �-F h 6' 7-7-• , r r 1 ;r `- _ n. Golden Gate Fire Station 73 r-•,, i ^..,:‘,:1-,',;,-.. i i."h it Go[denlGatc43tvd. I f r� i r 1 (- North Naples Fire station 46 ..._... + A .. "I : uS_ o u ti ''a � °p r� Z ;i , , , r-1i 1E 5 :+m Collier Blvd.to i Sr! ti I x h w .r [' � ., r &52nd ,'Ever lades IW: ,; � - i $} 4 Golden Gate Fire Station 70 Ave.S.Intersection n , f k ( � , tr, v' I-75-8.9 mies:7t k rt i , F r i "' );v,'ate° . ffi� �°5,,� -tt. y ,. s '.417177::.:..--11 Golden Gate Fire Station 72 'y- €- r a.. � � n7� � iI, I75 i ' �� "ay 4: East Naples Fire Station 20 `�'%. � 5 -Fire Engine Response- y `t` , t'' E All units travelling to intersection of Snake Rd. 4-• d Community '�d�f > w_ � Everglades Blvd.S.&52" Ave.SE i S _ 31 addresses ?1 eF t, --' n l I a ,s v r BCIFRD Sta 10-13.6 miles (78 people) e r - : , GG Fire Sta 71-11,6 l7X , T # !. GG fire Sta 72-20.4(via I-75=10.6)• P'� ,I. s,ac� GG Fire Sta 70-19.1(via 1-75=12.6) ,•- :p''r �„ ., 'a. amp. r East Naples Fire Station 21 _ w� GGFireSta73=16.6 •" i ENFD Sta 20=24.8(via I-75=14.9) r " .44rri�et I �4 NNFD Sta 46=19.9(via 1-75=16.5) 5 , t m _ _ 4 Fkr x z , I , .. Packet Page-1488- 10/8/2013 16.A.13. Exhibit "A-2" 51 1 1,. ‘1 „,,,,f3,,,,, -,, .' , 1.1 ff 1 ifIt''''".E'f, 4.) A ,,,,i...,..-_,-=‘r.:i--... V; ' a 9 y�r 4 �, v r, �4 kt. L d -,. ```���,, mrric�'ka!eP Rif,' ' ' ) =mil 'r ,,y x ,l,„.,, ,:,,-)F-.,---T t _ k "_- �"1 ' 'fit B d �k t._ jj i R fsl (tom ..h 1 km`-- -*-r a - �f i 1 t "-c � p �y , 4 Vii, } i ,' 4 lv,sGolde t�'.B',d ,,, i 1,m S f , p *_ ,�*. l J , ) i. ' we+ J. _ , _ + ['1 ' C"f a.1 (� illy 'Ilk Medic •70 --• i � � (° �u� Collier Blvd.to ,m ... 7,0 1i+x w ' a r, e: -' Everglades&52"d � ( p t Ave.S.Intersection ' ›„ , �, I't,j ' 1 ' via 1-75-8.9 miles — • ^ G' Tom S {r .p� I i„..;_,..7- tl ,.,,.... .. _ - 175 s!'t{ : Medic 75 _ = I,k 1,L -Medical Transport- r� I ,":":J'',1-■ '" ., .' All units travelling to intersection of r ' Everglades Blvd.S.&52"d Ave.SE Snake Rd. Community :4 Medic 71-11.6 31 addresses t, (78 people) { c .,. ( I r ' Medic 70—19.2(via I-75=12.5) 5:','.4, r *, g Medic 75=22.7(via 1-75=12.9) .:. t -'.f EMS Logistics and HO EMS HQ=24.1(via I-75=13.8) ,t 1-- at YES�,rpb�eP `-; :,.'Y3 ' .` e a i ¢ i tic da .. Packet Page-1489- 10/8/2013 16.A.13. a a y d m } co OL � x co E w W co O w o Lo ti N U L = J N = w Q 5 a) O L p E W .y N tri a Q. 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INTERSTATE 75 } .r r \ —.3 \ "C \ , titi • � 1 w \ ',." `h Gulf of Mexico `Sty,r - n, r( " / j- s-L, f e' (F r -r �/ i>J IfAn�J x'11 G j l \ rf r+ gil c n --,5r) � %.„, senin snuons \ Z^ c �, `r� �k a�� ; "` , s� ICI) t111 ! III 1.75 3.5 7 Miles �' '� JtS , „JI L' ©a..nnnsmaanu .i 5T. Packet Page-1491- 10/8/2013 16.A.13.• Al � i 'fie ru' .Ff .t..; { `i,.. ,1=:.. 7 j ',,.,_ I._ t m W L7�I W,2 x_ n y JI 9 9 O L m K• r °! _ u 7 fd C - i N N v 3 C<v v 3..`,211 . . p,¢.-s v m w �b W = GJ _ r 4 _v w '. �OZ°oT"$zu,fir r h m r R` G• H .� a 1, E ¢ _ ,i '1- E J'. ! I , Z a i•�ZZ?a L C,. C - 9 00 '1 I _ N j. '. j �` � � � - it 14.. N ` ! :!_ C � fV S� f N L ' _ I s w a C i+ a ',-.`• rk„1y.. ,4",:4-.. a I ( ( - r I ?a v m a L r _ e � L _ C .. • 4'. T.".".}e'Tai Y. E — I O A O aei N y� 'I ey.4 ' fyt r'4�� v« 4. t d .o— ...i fy +1 a otl V u O it-' 5. 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P .t.e...2 iP:� .i?4 r § }X "t t u sa"'4 ' . � _..�h 4,`. -°F{ .Y �;...,., ..9wU.I .,. Packet Page-1492- 10/8/2013 16.A.13. EXHIBIT "D" I-75 at Everglades Boulevard Emergency Access Information—May 2012 Collier County Sheriff's Office Response Boundaries The Collier County Sheriffs Office response beats were redrawn in 2008 to reflect the very limited access to the area south of I-75 off Everglades Blvd S,known as the South Blocks. Everglades Blvd is the only practical point of entry to the area as Janes Scenic Dr, Sabal Palm Rd and Miller Blvd are dirt tracks and impassable to a patrol vehicle during the wet season. Currently, the area is served from the Sheriffs Office District 4 based at Corkscrew Elementary/Middle School, approximately 12 miles away from the bridge. The district has three patrol zones.A zone encompasses all of the South Blocks area, Everglades Blvd and Desoto Blvd up to 8th Ave NE and Golden Gate Blvd E to Wilson Blvd. The other two zones are north of this and back up units must cross the zone to respond;they have no other routes to approach the zone. As a result,units responding to incidents in the South Blocks area tend to have relatively slow response times and have limited back up available. Prior to the creation of District 4, the area was served by District 7 based at the intersection of Tamiami Trl E and SR29 approximately 49 miles from the bridge. The bridge also forms the boundary between District 2 (based in Golden Gate City approximately 12 miles from the bridge) and District 7 for units patrolling along I-75. Units patrolling along I-75 currently have no reliable access to Everglades Blvd other than to return to the current Collier Blvd and SR29 exits. Responding Vehicles on the Everglades Blvd/I -75 bridge have to travel approximately 28 miles to respond to an incident on I-75 in the vicinity of Everglades Blvd,including: • Approximately 10 miles of interstate including one toll booth • Approximately 18 miles of state and county roads including 12 traffic lights o Everglades Blvd&Golden Gate Blvd E o Golden Gate Blvd E&Wilson Blvd o Golden Gate Blvd W&5th ST o Golden Gate Blvd W& 13th ST o Golden Gate Blvd W&Big Cypress Elementary School o Golden Gate Blvd W&Collier Blvd o Collier Blvd&Pine Ridge Rd o Collier Blvd& Green Blvd o Collier Blvd&Golden Gate Pkwy o Collier Blvd&Magnolia Pond Dr o Collier Blvd&I-75 N/B Ramp o Collier Blvd& 1-75 S/B Ramp If access to and from 1-75 and Everglades Blvd were permitted the response zones for Districts 2,4 and 7 could be adjusted to significantly improve response times. In the case of incidents in the South Blocks,backup units could respond along I-75 from Districts 2 and 7. District 4 units could provide back to units on I-75. Collier County Sheriffs Office-I-75/Everglades Emergency Access Page 1 Packet Page-1493- 10/8/2013 16.A.13. Boundary Selection A geographical area was selected to identify areas that would most likely be impacted if there was an access on I-75 at Everglades.' This includes the area south of I-75, the South Blocks,which can only be entered in a patrol vehicle via Everglades Blvd S. All other points of entry are rough dirt tracks. Streets off Everglades Blvd S, north of I-75 up to Golden Gate Blvd E are included as it is reasonable to expect vehicles coming north from I-75 to provide effective response.The streets north of Golden Gate Blvd can be serviced by vehicles coming from a number of locations so that that was used for identify one boundary. Northbound I-75 was included from a turnaround point approximately halfway between SR29 exit and Everglades Blvd as it is reasonable that incidents further east could be better serviced from SR29 exit. The area continues to cover the northbound lanes as far as the Collier Blvd exit as vehicles responding from Collier Blvd would have travel southbound past the incident and then turnaround (at one of the designated points); this is taking into account the median would be too soft to be traversed by a patrol vehicle as it usually is during the wet season. The area also includes the southbound lanes from a turnaround point approximately half way between Collier Blvd exit and Everglades Blvd to the SR29 exit interchange for the same reason. Area Impacted by Availability of Everglades/ I-75 Access a ., CtiTy 4 i; ken. Wand oi I:Rest Deep Lute _ Fu I CCSO response boundary information,and boundary selection for access areas provided by(211' CSO GIS Coordinator John Peabody. Collier County Sheriffs Office-I-75/Everglades Emergency Access Page 2 Packet Page-1494- 10/8/2013 16.A.13. Calls for Service Incidents Data from CAD were used to pull Sheriffs Office and Fire/EMS incidents for more than three years of data Gan 1,2009 through May 15, 2012). Incidents are captured to include only calls that were initiated by citizens requiring assistance from these agencies (through 911 or other phone line), and when a deputy and/or Fire/EMS unit arrived on scene. Calls incidents were further selected based on the boundaries identified above, and do not include any calls for service that were initiated by a Sheriffs Office deputy, or another public safety agency member. However,having this I- 75/Everglades access would provide increased opportunities for proactive,agency-initiated calls to the selected areas and should be considered in the decision-making process. There were 706 Fire/EMS calls and 2,943 Sheriffs Office calls during this time period. For the past three years there were on average 1,083 calls requiring an EMS/Fire and/or Sheriffs Office response. Call Incidents b Year and •en Year Fire/EMS CCSO Total 2009 205 946 1,151 2010 195 789 984 2011 219 895 1,114 2012* 87 313 400 Total '706 2,943 3,649 *2012 through May 15 Call Incidents b Incident T j•a and •envy Collier County County Incident Category EMS/Fire Sheriffs Office Total Alarms 14 225 239 Animal Problem 0 135 135 Burglary 0 69 69 Crime/Disorder 25 391 416 Disturbance 3 210 213 Drug/Alcohol 0 31 31 Fire 145 97 242 Medical 348 197 545 Other Public Safety 9 483 492 Other Traffic 0 160 160 Reckless Driver 0 185 185 Suicidal/Mentally Ill Person 26 35 61 Suspicious Incident 0 544 544 Vehicle Accidents 136 181 317 Total 706 2,943 3,649 Response Time The average response create-to-arrive time for the geographical area and time period selected was approximately 17 minutes. For the South Blocks only,the average response time was approximately 29 minutes. Both numbers represents the average time for calls and is not filtered by responding agency or priority category. Collier County Sheriff's Office- I-75/Everglades Emergency Access Page 3 Packet Page-1495- . .. 10/8/2013 16.A.13. . .co - 0 . ,,,......----7—;-....., Ft 'twit- IIMMthcALEE RD '...t\., 43 - - .--4 ...--,...........;.. .,. ,■ -- , ..i. ,VI\ 4A , . -------- ,,-- ._, ,.. : Fit,t I 4 I ' ' '----..11•.^^...."-....' ' . '.. Sd,„ , "'"-r","4"-t"?"`""^"- , ". ,--,,,,:---; ' '13 r. ,,,,,,,,- (,) ., Z ,--,,. -"„:',. . ; ! i I ,,--••••f-,—,, ' 0 . en . .., , ........,_ CR 858 ,._,,,,--"F'F` OIL WELL RD-0 r----F F ....- - awl-k..........,"1,,W. M % t :0,,, i t ,;,,,,!V;, ',‘,..:. • ..........14.1 L-7.---7T,Z r r*---• '', f,...,c i i 1 - '9,r t i r..„,J, r''',1/2, _> , i! r ',. H 1 r - ! • -'' ' RANDALL B LVD=La[' in!" 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