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Agenda 05/22/2018 Item #16D 305/22/2018 EXECUTIVE SUMMARY Recommendation to approve an Interlocal Lease Agreement with the District School Board of Collier County (District) for the continued use of a portion of the Immokalee Community Park. OBJECTIVE: An Interlocal Lease Agreement allows the District's continued use of a portion of the Immokalee Community Park for its baseball and softball programs. CONSIDERATIONS: Since 2006, the County has leased property to the District consisting of baseball fields at the Immokalee Community Park, located at 321 North First Street, Immokalee, Florida (Premises). The proposed Lease will supersede the 2006 Lease to readdress the Parties’ responsibilities with respect to the use and maintenance issues at the Premises. The District will be responsible for t he cost of maintaining the Premises and for making capital improvements as outlined in Exhibit ‘B’ of the Lease. Those improvements will include making repairs and improvements to the existing facility and purchasing additional equipment for the ballfields. All improvements and additional equipment must be approved by the Parks Division in which the projected cost is Two Hundred Fifty Thousand Seventy-Four and 52/100 Dollars ($250,074.52), of which, the County will contribute Seventy-Five Thousand Dollars ($75,000) to the project. The County agrees to equally share in future routine maintenance costs of the capital improvements at the Premises, including, but not limited to, the concession building, softball and baseball fields, scoreboard, lighting, dugouts, fencing, sod, and protective netting. The District shall have use of the Premises for Immokalee High School softball and baseball practices and games. The County acknowledges and agrees that the District will be allowed to charge admission for District games, programs, events, and activities at the Premises. The Parties agree that the Premises shall be accessible to the public when not in use by the District. However, any public use must be scheduled with and approved by the Parks Division. The public’s use of the Premises shall be consistent with the design and the purpose of the facility. Either party may terminate the Lease, for any reason, by providing six (6) months’ written notice to the other Party. Each Party will be required to maintain insurance coverage in the minimum amount required under State law since both parties are self-insured. FISCAL IMPACT: There is no rent associated with this Item. A budget amendment in needed in the amount of $75,000; the funding is from various community park projects which are complete and have residual budget remaining in the Parks Capital Projects Fund 306. The source of funding is a transfer from the Unincorporated General Fund 111. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for Board of County Commissioners (Board) action. - JAB RECOMMENDATION: To approve and authorize the Chairman to execute the Interlocal Lease Agreement with the District School Board of Collier County, and to authorize a Budget Amendment for the County’s portion of the costs. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division 16.D.3 Packet Pg. 916 05/22/2018 ATTACHMENT(S) 1. Immokalee High School Ballfields Final with Exhibits (PDF) 2. Immokalee High School Aerial (DOCX) 3. Immokalee High School Current Agreement 2006 (PDF) 4. Immokalee Community Park Comparison (DOC) 16.D.3 Packet Pg. 917 05/22/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3 Doc ID: 5476 Item Summary: Recommendation to approve an Interlocal Lease Agreement with the District School Board of Collier County (District) for the continued use of a portion of the Immokalee Community Park Meeting Date: 05/22/2018 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 04/26/2018 12:08 PM Submitted by: Title: Senior Network Administrator - Info Technology – Information Technology Name: Dennis Linguidi 04/26/2018 12:08 PM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 04/30/2018 11:53 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 04/30/2018 2:21 PM Facilities Management Toni Mott Additional Reviewer Completed 05/02/2018 4:27 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 05/04/2018 3:59 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 05/04/2018 4:14 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/08/2018 4:02 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/09/2018 8:38 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/09/2018 11:34 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/10/2018 8:22 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/11/2018 9:08 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/11/2018 8:12 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/13/2018 8:55 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM 16.D.3 Packet Pg. 918 This Interlocal Lease Agreernent C'Agreement'), entered into this - day of May, 2018, by and between The Board of County Qsmmi$ie1em' Collier County, Florida a political suHivision of the State of Florida, C'County") ad The Distsict School Board of Colliet County' Flori& C'District"), together the "Parties." For good and valuable consideration, the receipt of which is hereby acknowledged the Parties heneby agree and contract as follows: 1. LEASED PREMSES. The County shall lease to the District certain poperty owned by the County and located adjacent to Immokalee High School' in Colliet Couuty, Florid4 including two athletic sports fields, and which are depicted on $!!!(!f (the "Leased Premises') and incorporared herein by reference. 2. TERM. The County agrees to lease to the Distict and the District agrees to lease from Cormty the Leased Premises for a period of twenty-five (25) years. The Parties recognize that they are providing needed athlaic facilities to the Disfiist for school sports programs and that the Parties may desire to extend or renegotiate this Agreement at its exPiration 4. MAINTENANCE. The Distict shall be responsible for ttre maintenance of the Leased Premises. The Distriot shall also be responsible for the dragging md lining of the baseball and softball fields, as required for use by the DisEict. The District agrees to provide general clean-up, fash rcmoval, reshoom and concession cleaning for all fucilities in the Leased Premises used b,y the Distict The County agr€es to share equally in the future routine maintenance costs of the capital improvements located on thc Leased Premises, including, but not limit€d to, the 66nses5iea guilding, softball and baseball fields, scoreboard, lighting, dugouts, fencing, sod and protective netting. 5. USE. The District shall have use of the Leased Premises for softball and baseball practice and games scheduled by the District for Immokalee High School sports tesms. Th€ Cormty acknowledges and agrees that the District is a governmental entity and is allowed to charge for admission to the Leased Premises for District games, prograns, events and activities. It is understood by the Parties that the Leased Prernises shall remain open and accessible to the geneml public when not in use by the Distsict, howevet, any such public use must be soheduled with (and approved by) the Coung Parks & Recreation Deparfrent. The public shall only be allowed to use the Leased Premises for ev€r s and activities that are comistent with the design I INTERLOCAL LEASE AGREEMENT IMMOKALEE HIGH SCHOOL 3. CONSIDERATION. The County agr€es to allow District to utilize the Leased Premises without charge in rctuflt for Ten Dollars ($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged. The Parties acknowledge that this Agreement is a rcnegotiation of that certaiu lnterlocal Lerse Agreement, dated July 25, 2006 (the '2006 Interlocal Lease Agreement'). 16.D.3.a Packet Pg. 919 Attachment: Immokalee High School Ballfields Final with Exhibits (5476 : Immokalee Community Park Shared Use Interlocal Agreement) and purpose of the facilities located on the Leased Premises, as determined by the County in its sole and absolute discrction. The Parties shall keep the Leased Premises locked and s€cured and prohibit all non-scheduled use of the Leased Premises. The District shall b€ given access though all gates n€cessary to use the Leased Premises in accordance with the terms of lhis The District shall be solely rcsponsible for rtpairing any damages to the Leased Prtmises resulring from its use. 6. SIJPERVISION. The District agre€s to provide adequate personnel to supervise District activities, events, practices and games that trke place at the Leased Pr,errises. 7. CAPITAL IMPROVEIVIEiITS. Cenerally, it is agrced thar rhe District may make capital imp,rovements and install additional to imgove existing facilities on the Leased Premis€s, subject to prior rcview and written approval by the county parls & Recreation Oeeamneot. Specifically, tle Parties agr€e to renovate, modiS and improve the existing basebalvsoftball fields currently located on the Leased Prcmises (the "hojecd) in accordance with the letter proposal, dated December 21, 2017, from Owen-AmerKimball (the "Contractor") which is attached as Erhibit eB, and incorporated herein by rcference. The Distict shall be responsible for and shall have sole contol over dl aspects sf manaoing the Contractor and the Project. The total cost for the Project shall be Two Hrndred Fifty Thousand seventy-Four and 5211100 Dollars ($250,074.52) and such cost shsll be shared between the Parties, with the Cormty contributing a total cost sharing of $75,000.00 rryon completion of the Projecl The District shall !s solsly responsible for paying for the balance of the project cost _ 8. IND, FMNIFICATION To the extent provided by law, each party agrees to hold harmless, indemniry and defend the othet Party including its agents, officers, &rmtors and employees {or any and all claims, losses, penalties, demands, judlpents, costs of suits including attomey's. fees, fo-r any expense, damag€ or liability inouned, whether for personal rqiury, property dgmage, direct or consequential darnages, or economic loss arising direitly or indirhtiy on the count or in connection with the use of tlre Leased Premises under the -terms of ttrii lsr."-1.! Fgrpt lgr such damage or liability which is caused by the negligence of rhe other Party. _This indemnification shall not be deemed a waiver of any linoitationlf fiability to which either Party may be entitled rmder Florida Statutes. . 9. TERMINATION. It is understood and agreed that the District or County may at any time t€rrdnate this Agreement by glving six (6) months advance written notice to ile oit e. Party. - 10. EFFECT ON OTI{ER AGREEMENTS. This Agreement is not intended to replace or otherwise .9dt *y agreements entered into by the parties, except tbat this 4grf-q! upon execution by both Parties, shall terminate, replace and superse& the 2006 Interlocal Lease Agreemen! as defined in Section 3. I L ARBITRATION. ln the event that the parties' disagree regarding the interprctation of this Agreement, or the frrlfillment of obligations required hereunder, eittrer party may request an appeal to the Superintendent, or County Ma"ager, as applicable. Should ttrl problem not be rcsolved to the mutual satisfaction of either party, it shali be submiued at the re-quest of eitler Party to binding arbitation in front of a three person panel according to the rules of the American Arbitation Association. 2 16.D.3.a Packet Pg. 920 Attachment: Immokalee High School Ballfields Final with Exhibits (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 12. ASSIGNABILITY. The Parties strall not assip any intq€st in this Agreement without the prior written conscnt of the other, which shsll not be ureasonably withheld. 13. AMENDMENT. This Agreement emMies the entire fureement between the Parties and may not be modified unless in writing, executed by both Parties. 14. CHOICE OF LAW. This Agreement shall be construed in accordance with the laws of the State of Florida It is rccognized that all Parties here to have contributed substantially and materially to the negotiations and preparation of rhis Ag€ement, and that the Agreement shall not be constnred more harshly against one Party by virtue of its preparation. 15. SEVERABILITY. In the event that any provision of this Agreemect is held to be illegal, invalid or uneoforceable under present ot future laws, such provision strall be fully severable. This Agreement shall be constsued and enforced as if such illegal or enforceable provision had never compmmised a part of this Agreemenl and the rcmaining pr,ovisions of this Agreement shall remain in firll force and effect. 16. EFFECTM DATE. The Effective Darc of this Agreement shall be the date ofthe last signature as set forth below. 17. NOTICE. All notice is required to be made pursuant to this contact shall be made in writing and either hand delivered or delivered by ovcmight courier or e-mail tansmission, or sent by registercd or oertified mail, r€turn receipt requested, aod addressed to the following: Distict School Board of Collier County, c/o Superintendenq 5775 Osceola Trail, Naples, Florida 34109; Collier Coutrty, c/o County Manager, 3335 East Tmiami Trail, Adrninistrative Building, Naples, Florida, 341 12. 18. INSURANCE. It is stipulated by the Parties that each shall have rhe rights, [abilities, and duties as provided by law. The Parties shall each obtain and maintain insurmce coverage in minimrrm amouots and types required by Florida law, although a party may be self- insued. 19. BINDING ON THE PARTIES. Each Party hereby r€pres€nts and warants to the other that tle exectrtion of this Agreernent and my other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and arc enforceable in accordance with their terms. This Agr€ern€ot may be executed in comte4arts by the Parties. 3 A,t 16.D.3.a Packet Pg. 921 Attachment: Immokalee High School Ballfields Final with Exhibits (5476 : Immokalee Community Park Shared Use Interlocal Agreement) IN WITNESS WHEREOF, the Parties have executed this Agreement. Attest: Kamela Patton, Superintendeft By Approved :_Roy M. Terry Jon Fishbane, District General Counsel DISTRICT SCHOOL BAORD OF COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMSSIONERS COLLIER COUNTY, FLORIDA. By Andy Solis, Chan Att€st: Dwight Brock, County Clerk Approved as to forrr & legality Jennifer Belpedio, Assistant County Attomev ."9 ^ss€ \,A\ 4 16.D.3.a Packet Pg. 922 Attachment: Immokalee High School Ballfields Final with Exhibits (5476 : Immokalee Community Park Shared Use Interlocal Agreement) t4X rlti Eg H f,i Hi!, , ,--r .T .r:I h li ,tI Ht t i I I i I r 'l In I.( f :' 1r ('j&l: I I-a Il I,f rs t l,l i r ii I 41" :;l:t'i {., :I-r ,/, I I tI IJ ! J i; i 6 T rl i t' t ,l ,I 1 I I l. !t 'I l i} t,r ,l.t- "'J.i ;l It.. I ,) :l I ';l t irf .!/l nl : I/ ; I I II t I 'i -t=a,- -J t. ,l3-o or 16.D.3.a Packet Pg. 923 Attachment: Immokalee High School Ballfields Final with Exhibits (5476 : Immokalee Community Park Shared Use Interlocal Agreement) E)GIIBIT B OwEn-Amos"Klmball Compahy 1194'1 Falrway Lakos Driv6, Fort tulyers, Florida 33913€338Volce 23$561-4141r Fa)(239*561-1996 Decen:bq 21,2017 Fai Chan Diroctor of Project Management The Distict Schoo1 Boad of Collior Courty 5775 Osceola Tlail Naples, FL 34109 RB: Baseball ?isld Modificatiols _ Tmmokalee High School Dear Fai: We are pleasod to ofEr poposal for baseball field rnodiflcations, for the cost oftho work plus 5.57o feo, aot to e,tcccd TWO HUNDRED EIFTY TIIOUSAND SBVENTY FOUR DOLLA-RS AND FIITY TIVO CENIS (ylso,o74.s2). Per Davitlgm memoranchrm 8nd dnwings dabd 7A m7 SCOPB OF \[/ORK R€moYe existing 40' of 8' high .Lin link f€ncq screoh and s8fety top oap md reinstall afler wmk is cqmplet6d Approximately 1,600 lf of silt fenco Imput fill and compact in placo approximatoly 4,400 cy Roplaco sod m baseball fiald whcrs work \{,as completed ap}roxirDately 3,805 sy Site lrading rough:ud fi'rl approxirrately 3,805 sy' Excivation and haulinjg approximately 4,400 cy' S-ocl/irrigtim r.epairs . O:rb and sidowalk repairs outsiile offieltl QIF+ up Supervision AhnLStuo4rw Ellen J. Bisogno Sr. Project Manager SCIIEDI'LB ) Sum:aer 2018 Siuce.rely yours, 16.D.3.a Packet Pg. 924 Attachment: Immokalee High School Ballfields Final with Exhibits (5476 : Immokalee Community Park Shared Use Interlocal Agreement) Aerial Immokalee Community Park 16.D.3.b Packet Pg. 925 Attachment: Immokalee High School Aerial (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 16.D.3.c Packet Pg. 926 Attachment: Immokalee High School Current Agreement 2006 (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 16.D.3.c Packet Pg. 927 Attachment: Immokalee High School Current Agreement 2006 (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 16.D.3.c Packet Pg. 928 Attachment: Immokalee High School Current Agreement 2006 (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 16.D.3.c Packet Pg. 929 Attachment: Immokalee High School Current Agreement 2006 (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 16.D.3.c Packet Pg. 930 Attachment: Immokalee High School Current Agreement 2006 (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 16.D.3.c Packet Pg. 931 Attachment: Immokalee High School Current Agreement 2006 (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 1 INTERLOCAL LEASE AGREEMENT IMMOKALEE HIGH SCHOOL This Interlocal Lease Agreement (“Agreement”), entered into this __ day of , 2006, by and between The Board of County Commissioners, Collier County, Florida a political subdivision of the State of Florida, (“County”) and The School District of Collier County. (“District”), together the “Parties.” For good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree and contract as follows: 1. LEASED PREMISES. The County shall lease to the District certain property owned by the County and located adjacent to Immokalee High School in Immokalee, including two ball athletic sports fields, and which are depicted on Exhibit “A” (the “Leased Premises”) and incorporated herein by reference. 2. TERM. The County agrees to lease to the District and the District agrees to lease from County the Leased Premises for a period of twenty (20) twenty-five years. The Parties recognize that they are providing needed athletic fields facilities and that the Parties may desire to extend or renegotiate this to the District for school sports programs and that the Parties may desire to extend or renegotiate this Agreement at its expiration in order to continue providing said athletic fields. 3. CONSIDERATION. The County agrees to allow District to utilize the Leased Premises without charge in return for t Ten d Dollars ($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged. The Parties acknowledge that this Lease Agreement is a renegotiation of the 1984 lease agreement executed after the District sold the Leased Premises to the County of that certain Interlocal Lease Agreement, dated July 25, 2006 (the “2006 Interlocal Agreement”). 4. MAINTENANCE. The County District shall be responsible for the maintenance of the Leased Premises. to include the athletic fields, bathrooms, and concessions stands. However, t The District shall be responsible for the dragging and lining of the baseball and softball fields as required for use by the District. as well as cleaning as described in Section 5 The District agrees to provide general clean-up, trash removal, restroom and concession cleaning for all facilities in the Lease Premises used the District. The County agrees to share equally in the future routine maintenance costs of the capital improvements located on the Leased Premises, including, but not limited to, the concession building, softball and baseball fields, scoreboard, lighting, dugouts, fencing, sod and protective netting. 5. USE. The District shall have use of the Leased Premises for softball and baseball practice and games scheduled by the District for Immokalee High School teams. The County acknowledges that the District is a governmental entity and is allowed to charge for admission to County facilities Leased Premises for District games, programs, events and activities. under the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee 16.D.3.d Packet Pg. 932 Attachment: Immokalee Community Park Comparison (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 2 Policy approved by County Board Resolution on February 26, 2006 (the “Policy”). Not withstanding any changes contrary to the Policy, this Agreement will operate under the Policy effective as of the date of execution of this Agreement. The District agrees to provide general cleanup, trash removal, restroom and concession cleaning, and supervision over all facilities used by the District during such programs. The District is responsible for damages incurred by its use. The District agrees to share equally in future maintenance costs of the concession building, softball and baseball fields, dugouts, fencing, sod and protective netting etc. It is understood by the Parties that the Leased Premises shall remain open and accessible to the general public when not in use by the District, however, any such public use must be scheduled with (and approved by) the County Parks & Recreation Department. The public shall only be allowed to use the Leased Premises for events and activities that are consistent with the design and purpose of the facilities located on the Leased Premises, as determined by the County in its sole and absolute discretion. The Parties shall keep the Leased Premises locked and secured and prohibit all non- scheduled use of the Leased Premises. The District shall be given access through all gates necessary to use the Leased Premises in accordance with the terms of this Agreement. The District shall be solely responsible for repairing any damages to the Leased Premises resulting from its use. 6. SUPERVISION. The District agrees to provide adequate personnel to supervise District activities that take place at the Leased Premises. 7. CAPITAL IMPROVEMENTS. Generally, it is agreed that the District may make capital improvements and install additional equipment to improve existing facilities on the Leased Premises, subject to a negotiated agreement executed by the District and County prior review and written approval by the County Parks and Recreation Department. It is understood that these facilities shall remain accessible to the general public during non-school use. Specifically, the parties agree to renovate, modify and improve the existing baseball/softball fields currently located on the Leased Premises (the “Project”) in accordance with the master plan for such improvements set forth in that certain memorandum dated January 9, 2006 from Schenkel Shultz letter proposal, dated December 21, 2017, from Owen-Ames-Kimball (the “Contractor”) which is attached as Exhibit “B” and incorporated herein by reference. The District shall be responsible for and shall have sole control over all aspects of managing the Project. The total cost for the Project shall be One Million Seven Hundred Seventy Seven Thousand Two Hundred Dollars ($1,777,200.00) Two Hundred Fifty Thousand Seventy-Four and 52/100 Dollars ($250,074.52) and such cost shall be shared between the Parties, as invoices become due with the County contributing a total cost sharing of $641,000.00 $75,000.00 toward upon completion of the Project. Any change orders to the Project shall be agreed to by both Parties The District shall be solely responsible for paying for the balance of the Project cost. 8. INDEMNIFICATION. To the extent provided by law, each Party agrees to hold harmless, indemnify and defend the other Party including its agents, officers, directors and employees for any and all claims, losses, penalties, demands, judgments, costs of suits, including attorney’s fees, for any expense, damage or liability incurred, whether for personal injury, property damage, direct or consequential damages, or economic loss arising directly or indirectly on the count or in connection with the use of the Leased Premises under the terms of this Agreement, except for such damage or liability which is caused by the negligence of the other 16.D.3.d Packet Pg. 933 Attachment: Immokalee Community Park Comparison (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 3 Party. This indemnification shall not be deemed a waiver of any limitation of liability to which either Party may be entitled under Florida Statutes. 9. TERMINATION. It is understood and agreed that the District or County may at any time terminate this Agreement by giving six (6) months advance written notice to the other Party. 10. EFFECT ON OTHER AGREEMENTS. This Agreement is not intended to replace or otherwise modify any Agreements entered into by the Parties, except as noted that this Agreement, upon execution by both Parties, shall terminate, replace and supersede the 2006 Interlocal Lease Agreement, as defined in Section 3. 11. ARBITRATION. In the event that the Parties’ disagree regarding the interpretation of this Agreement, or the fulfillment of obligations required hereunder, either party may request an appeal to the Superintendent, or County Manager, as applicable. Should the problem not be resolved to the mutual satisfaction of either party, it shall be submitted at the request of either Party to binding arbitration in front of a three person panel according to the rules of the American Arbitration Association. 12. ASSIGNABILITY. The Parties shall not assign any interest in this Agreement without the prior written consent of the other, which shall not be unreasonably withheld. 13. AMENDMENT. This Agreement embodies the entire Agreement between the Parties and may not be modified unless in writing, executed by both Parties. 14. CHOICE OF LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. It is recognized that all Parties here to have contributed substantially and materially to the negotiations and preparation of this Agreement, and that the Agreement shall not be construed more harshly against one Party by virtue of its preparation. 15. SEVERABILITY. In the event that any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal or enforceable provision had never compromised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. 16. EFFECTIVE DATE. The Effective Date of this Agreement shall be the date of the last signature as set forth below. 17. NOTICE. All notice is required to be made pursuant to this contract shall be made in writing and either hand delivered or delivered by overnight courier or facsimile transmission, or sent by registered or certified mail, return receipt requested, and addressed to the following: District School Board of Collier County, c/o Chief Operational Officer, 5775 Osceola Trail, Naples, Florida 34109; Collier County, c/o County Manager, 330135 East Tamiami Trail, Administrative Building, Naples, Florida, 34112. 18. INSURANCE. It is stipulated by the parties that each shall have the rights, liabilities, and duties as provided by law. The Parties shall each obtain and maintain insurance coverage in minimum amounts and types required by Florida law, although a party may be self- insured. 16.D.3.d Packet Pg. 934 Attachment: Immokalee Community Park Comparison (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 4 19. BINDING ON THE PARTIES. Each party hereby represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. This Agreement may be executed in counterparts by the Parties. 16.D.3.d Packet Pg. 935 Attachment: Immokalee Community Park Comparison (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 5 IN WITNESS WHEREOF, the Parties have executed this Agreement. Attest:__________________________ Raymond Baker Kamela Patton, Superintendent Approved :__________________________ Richard Withers, School Board Attorney The School District of Collier County, Florida By:________________________________ Kathleen Curatolo, Chair Roy M. Terry Jon Fishbane, District General Counsel Attest:__________________________ Dwight Brock, Clerk Approved as to form & legal sufficiency legality __________________________ Jennifer Belpedio, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. By:_________________________________ Frank Halas Andy Solis, Chair 16.D.3.d Packet Pg. 936 Attachment: Immokalee Community Park Comparison (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 6 Exhibit A Legal Description 16.D.3.d Packet Pg. 937 Attachment: Immokalee Community Park Comparison (5476 : Immokalee Community Park Shared Use Interlocal Agreement) 7 Exhibit B Project Description 16.D.3.d Packet Pg. 938 Attachment: Immokalee Community Park Comparison (5476 : Immokalee Community Park Shared Use Interlocal Agreement)