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Backup Documents 10/08/2013 Item #16A13ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16A13 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 most be received in the County Attorney Office no later than Monday preceding the Board meeting. 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 tluough routing lines #1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Manager Initial Applicable) 2. 10/8/13 Agenda Item Number 16 -A -13 3. County Attorney Office County Attorney Office SRT 10/9/12 4. BCC Office Board of County Commissioners G�k b ko 5. Minutes and Records Clerk of Court's Office 'TC 1D�rf � PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the -AA( QCPPQ aboVe may need to contact staff for additional or missine information. Name of Primary Staff Reed Jarvi, P.E., Transportation Planning Phone Number 252 -5849 Contact / Department Manager Initial Applicable) Agenda Date Item was 10/8/13 Agenda Item Number 16 -A -13 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, -14= Type of Document Resolution/Airspace Agreement Number of Original One Attached 1.3 - g Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's SRT INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 a 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? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, -14= provide the Contact Information (Name; Agency; Address; Phone on an attached sheet. IL 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT 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 SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT 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 Tall assee within a certain time frame or the BCC's actions are nullified. Be aware of yWf deadlines! 8. The document was approved by the BCC o 3� Il changes made during the SRT meeting have been incorporated in the attached d co umen The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th -'SRT bli BCC, all changes directed by the BCC have been made, and the document is ready f the Chairman's signature. kNcx-1 11K ff I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 a 16A13 MEMORANDUM Date: October 11, 2013 To: Reed Jarvi, Planning Manager Transportation Planning Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2013 - 225 /Airspace Agreement Attached for your records is a certified resolution and an original Agreement of the document referenced above, (Item #16A13) approved by the Board of County Commissioners on Tuesday, October 8, 2013. The original will be held in our office until further notification. If you have any questions, please call me at 252 -8411. Thank you. RESOLUTION 2013- 225 1 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 <B �, day of 2013. ATTEST. ; " ! ,� BOARD OF DWIGHT E BiZCr, CLERK COLLIE C By: Afte sta�Chairman's Ge slpq monly. _ Approved "as fo orm and legality: ��i 12 jz--I�t Scott R. Teach, Deputy County Attorney Hiller, Esq., Chairwoman 16A13 21 CFR. Pert 710 STATE OF FLORDA 0®ARr1ZNr OF TRANSPORTATION 57548M AIRSPACE AGREEMENT RlcNroFV ooc - 090 Pop 1d7 ITEWSEGMENT NO.: 2007121 MANAGING DISTRICT: 1 FAR NO.: 1- 754(71)87 STATE ROAD NO.: 93(1 -75) COUNTY: Collier PARCEL NO.: 155(Part) THIS AGREEMENT, made this day of between Collier County a oditical subdivision of the Stall of Florida .3299 Tamiami Tract East Suite SM. Naples. FL 34112 (Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida (State). SETH: 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 gredeline, 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 sufflclent legal right, title, and Interest In the right of way of State Road 930-75 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 base to Lessee the airspace above or below the gradeline of the property described M Exhibit "A', attached and made a part hersof for the following purpose: Allow temmary emargencv access ramps to and from 1-75 as Everglades Boulevard to remain In place within the limited acoeas right of way for emergency vehicles providing a faster ememencv response time to the oublle. WHEREAS, the proposed use will not Impair the full use and safety of the highway, require or permit vehicular access to such space direly from the established gradellne of said highway, or Interfere with the free flow of tralflc 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: The promises hereto are true and correct and form an integral part of this Agreement. im The Department does hereby lease unto Lessee the airepace above or below grsdellns of the property for a period of tweEft five (25) years beginning with the date of this Agreement. One renewal of this Agreement may be made for a term to be deMrtninW 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. a. Lessee shall pay to the Department as rent each ❑ month ❑ quarter ❑ year on or before the first day of each rent CP 16A13 STS000,72 A OW OF WAY OOC 4M ao•2a7 payment period, WA plus applicable sales tax. When thls Agreement Is terminated, any unearned rent and sales tax payment shah be roiunded to Lessee. However. no such refund shall be made where termination is due to Lessse's violation of a tern or condition of tits Agrosrnant. b. The Department roservaa the right to review and adjust the rental tee biannually and at renewal to mood market conditions. a AN rental payments are to be made by check or money order. pay" to the State of Florkls Department of Transportation and delivered on or before the due dste to: NIA d. Lessee shah be responsible for all stnte, county. city, and local taxes that may be assessed. kv*x ng real property taxes and special sssseasmeule. In the event that no rant is specAed heroin, then if 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 150) has been obtained for social. environmental. or economic mitigation ( SEE) purposes. In the evert that it should be determined at any time that the use Is not a nonproprietary use by a goverm tai agency or that the SEE exception does not apply or has been revoked, Lessee agrees to pay. at that tine. rent as determined to be the fair market rental value by an independent appraiser cerditd by time Depw nront, and Lessee further agrees to pay such rant, under the remaining terms and conditions of tits Paragraph 3. for the remaining term (including renewals) of this Agreement. e. Any installment of art not received Wkin ten (10) days after the due date shall bear interest at the Nghest rate allowed by law from the due date thereof. per Seddon 55.03(1), Fonds Statutes. This provision shall not obligate the Department to accept late rent psymenis or provide Lessee a grace period. • . �.h 11r-711 !1 a. The Leases shah be responsible for developing and operatkg the airspace as set forth hoWn. b. The Lessee's proposed use of the airspace Is as follows: c. The general design for the use of On airspace, including any facilities to be constructed, and the maps. plans, and sketches setting out the perdnsnt features of the use of the airspace In relation to the highway fadNty are sat tarty In composites ExNhlt "8" attached hereb and by Orals rebrancs made a part hereof. In addition, said composite Exhibit "8" also contains a three-dimensional descriptim of the space to be used, union the use Is of a surface area beneath an elevated highway structure or adjacent to a highway roadway for recreation, public park, bsaudlicetion. parking of motor vatkin, public mass transit iocNNies. or other skrdw uses, in which case, a metes and bounds In cup" m of the sw%ce area, logether with appropriate piano or maces sections dcery defining the vertical use Nndts. may be substituted for said tlree- dMersional description In said composite ExNbk V. d. Any change in tie authorized use of the airspace or revision in the design or construction of the facility described in Exhibit "e" shall require priorwritlen approval from the appropriate District Secretary of the Deparknent. subject to concurrence by the FHWA. e. Thu Depertment. 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 tsciNties, wt ion necessary: or for •e purpose of surveying. drilling. monitoring well installations, sampling, rsmedatlon, and any otter adbn which Is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard. E Lessee. at Lessee's sole cod and expense, shale maintain tie hcilly lo occupy the airspace so as b assure that the structures and the area within the highway rW of way bourudaries will be kept In good condition. both as to sably and appearance. Such nm*ftwm will be accomplished in a mwxer so as lo cause no unreasonable inlMeronce with the highway use. In the event that Lessor leis to so maintain the fadlity, the Department though hb duly suit wized representatives, employees, and contractors. may enter the facility lo perform such work, and the cost thereof dale be chargeable to the Lessee and shah be Immsdetely due and payable to the Deportment upon the performance of such work g. Portable or temporary advertising signs are prohibited. 0 16A13 57sa8136M MW of wwv � 4M h. The design, occupancy, and use of the airspace shall not adversely affect the use, safety, appearance, or enjoyment of the Eby smoke, fumes, vapors, odors, droppings, or any other objectionable discharges or emissions, or nulsances of any kind I. When, for the proposed use of the airspace, the highway requires additional highway fedfitlss for the proper opersdon and ! maintenance of the highway. such fadYties shall be provided by the Lessee without cost to either the Depsrtment or is FMNA and subject to both Department and FHWA approval. J. The proposed use shat not cause of allow any changes In the exlsting drainage on the property under the airspace. It. Lessee shell not occupy, use, permit, or suffer the airspace, the property, the facility, or any part Owed to be occupied or used for any illegal business use or purpose, for the manufacture or storage of flammable, explo live, or hazardous material, or any other hazardous activity, or to 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. elther as those tams may be defined under any state or federal laws or regulations, or as those terns am understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials afbc *V the property Is prohibited. Lasses shelf be held responsible for the performance of and payment for any environmental remediaron that may be necessary, as determined by the Department. Similarly. if any contamination either spread to or was released onto edjoining property as a result of Lessee's use of the airspace under Ivase, the Lessee shall be held aim" responsible. The Lessee shelf Indemnify, defend, and hold harmless the Department fror any claim, loss, dam age. cost, charge, or expense arising out of any such conter ftdon. m. Existing utilities and all corresponding easements shall remain In place and Lessee shall not disturb or Interfere with the j Same. b• In (select applicable paragraph) ® 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 dais, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent ad by Lasses, 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 die perfomwnce of the Agreement. When the Department receives a notice of datm for damages that may have been caused by Lessee in the performance of services required under this Agreement, the DepaMsnt will4mmedletely forward the claim to Lessee. Leases and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and vAll jointly discus 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 Dspartmenrs failure to promptly notify Lessee of a claim shall not act as a waiver of any right heroin 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. ❑ Lessee Is not a Governmental Agency Lessee shall Indemnify, defend, save, and hold harmless the Department, Its agenb, officers, and employees, from any tosses, Ines, penalties, costs, damages, claims, demands, suits, and liablitss of any nature, Including attorneys 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 expense 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 ode negligence of the Department. Lesee's obligation to Inden nify. defend, and pay for the defense or at the DepartrnoWs option, to participate, and to associate with the Department In the defers and trial of any claim and any related settlement negotiations, shall be triggered by the Lessors notice of claim for ihdemnfrtcatim to Lessee. Lessee's Inability to evaluate liability or Its evaluation of liability shall not erase Lessee's duty to defend and Indemnify within seven days after such notice by the Department is given by registered mall. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse perforrrhar>ce of this provision by Lessee. Lessee shelf pay off costs and fm related to this obligation and Its enbreement by the Department The Department's failure to notify Lessee of a dais shall not release Lessee of the above duty to defend. Note: No longer required for local governments. 8. Insu . 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 CA 576490-32 RKWr OF WAY P"0 jdj or Property oocurrtrg in, on, or about the land arising out of the act, negligence, orntssion, nonfeasance, or malfsassnoe of Lessee, Its employees. agents, contractors, customers, licensees, and khWtses. Such Insurance shat be carried In a rrdWmt n amount of not less than Set Insured F.S. 788.28 ($ ) for bodily Injury or death to any one parson or any number of persons in any one occurrence and not lest than Self Insured. F.S. 788.28 ($ ) for properly damage, or a combined coverage of not less than Mina red. F.S. 788.28 ($ J. AN such policies shah be issued by companies licensed to do business in the State of Florida and all such poliNdss shall contain a provision whereby the sans carrot be canceled or modified unless the Department Is given at bast sixty (80) days prior written notice of such caricelladon or mods is tlam Lessee shall provide to Department certificates showing such insurance to be in piece and showing the Department as adcltonal insured under the policies. If set-insured or under a risk management program. Lessee represents that such minimum coverage for Nabiliy, will be provided for the property. 7. Termination a. This Agreement may be terminated by either party without cause upon ninety (W) days prior written notice to the other party. I b. it is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement immediately w*xxA prior notice, in the event the Lessee violdss any of the conditions of this Agreerrerit and such violation is not conreded within a reasonable time after written notice of nonoompliarxs has been given. In the event the Agreement is tw minated and the Department deems It necessary to request the removal of the %cft on the property, the removal shall be socornp: shed by the Lessee in a manner prescribed by the Department at no cost to the Department or the FH WA. c. The Lessee must notify the Departs isnt of Its Intention to renew this Agreement not later than thirty (30) days prior to the woratlon of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Deporknent'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 weer and tear excepted, unless a facility, any Improvmmar, 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 sirwxures shall be removed by the Lessee at Lessee's expense by midnight of the day of termnation of this Agreement and the property restored as nary as practicable. f. This Agreement is terninable by the Department in the event that the facility ceases to be used for its Intended purpose or Is abandoned. 8. Eminerk Domain Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant aid 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 shell not be deemed a taking urider any eminent domain or other taw so as to entitle Lessee to mnpensetlon for any Interest suffered or lost as a result of termination of this Agreement, inducing any residual iilered in the Agrearient or any other facts or ciraimstermoes arising out of or In connection with this Agreement Lessee hereby waives all 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. rowltlng from Lessee's loos of occupancy of the property specified to tiis Agreement, or any such rights, claims. or damages flowing from adjacent properties owned or based by Leases as a result of Lessee's loss of occupancy of the property spedW in this Agreemert. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for fttl compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of tie property, when any or all adjacent properties owned or leased by Lessee are taken by eminaht dornaln proceedings or sold under the threat theredt This waiver and rslirqulshment applies whether this Agreement is still in existence on the date of taking or sale or has been terminated prior tereoo. a. The airspace and Lessee's rights under this Agreement shall not be transferred, assigned. or corweyed to another party without the prior written consent of the Department, subject to concurrence by the FMA. b. In conformance with the Civil Rights Act of 1984 (Title VI, Appendix TO) and 49 CFR Part 21, Lessee agrees as follows; 1. That as a part of the consideration hereof, Leases 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 OW be excluded from partldpaton In. be denied the benelita of, or be otherwise subjected to discrimination In the use of said property and faci6y; (2) that in connection with the construction of any Improvements on sold property and facility and the furnishing of services thereon, no discrimination shall be practiced In the selection of e7saea32 RIGHT OF V MY occ-01ING POP b 017 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 shalt have the right to tenrhkate this Agreement and to re-enter and repossess said property and the facility thereon, and hold the same as If this Agreement had now been made or Issued. c. During the tern of this Agreement Lessee shall. at Losses's own ood and expense, promptly observe and comply with all present or future laws, requirements, orders, directions, ordinances, and regulations of In united States of America, the Stale of Florida, county or local governments, or otror lawful authority whatsoever, atfectirp the land, property, and facility or appurtenances or any part Ihersof, and of all insumnoe policies covering the property, land, and facility, or any part thereof. d. In addition to or in lieu of the terms and condition contained herein, the provisions of any Addendum of even data therewith 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 tarns and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shah control, unless the provisions thereof are prohibited by low. e. This Agreement constitutes the complete and final expression of the parties with reaped b the subject molter hsroof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or unenforceable :hail be severable and shad not affect the validity of the remaining portions hereof. L 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 I.esaes's choosing. Lessee has entered Into this Agreement freely and voluntarily. This Agreement contains the complete understanding of the parties with respect to the subjed matter hereof. All prior understandings and agreamenb, oral or writ ten, heretofore made between the parties and/or between Leases and any previous owner of the property and landlord of Lessee are merged In this Agreement, which alone, My and completely evress the agreement between Lessee and the Departrnent with reaped to the subject natter 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. Lame Owl be solely responsible for all bile for electricity, lighting, power, gas, water, telephone, and telegraph services, or any other u" or service used on the property. America. h. This Agreement all be governed by the laws of the Stale of Florida, and any applicable laws of the united States of I. All notices to the Department shall be sent to the address for rent payments and all nodoes to Lessee shall be sent to the property address provided herein or otherwise provided In whiting to the Department. By: 37540M ROff OF WAY OOc -08m POP s ar 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, ft day and year first above written. Name: Georgia A. Hiller, Esq. .•u.. Attest: (Seaq Name: Title: ATTEST DWIGHT E. BRCi/M 44.ERK 4*WsasroO'C4airman's signature on)y. Approtrad as to ft i Deputy County Attoroay STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ar. tAd � D`ishktt Secretary Name: Billy L. Hathmay. P.E. Attest: NameM#e: Legal Review: District Cour" Name: 16A13 - -5-:r' -32 RIGHT CF CGC - .r Page, 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. Board of County Commissioners Col -,Ot County, Florida STATE OF FLORIDA ' /I / / _ DEPARTMENT OF TRANSPORTATION LESS E (C pay Najne, ' pplicable) By: I V 11 1 By: District Secretary Name: Ge&r4ia A. Hiller, Esq. Name: Title Chairwoman Attest: Attest: (Seal) Namerritle: Name. Title: ATTEST' DWIGHt E. BROCK, CLERK c Legal Review: District Counsel Name: A oved s to a d legality Scott R. Teach, Deputy County Attorney a ,Q F.P. NO. 2007121 il/1iv1' SECTION 03175 - 2405(03001 -2501) nJ PARCEL 155(Part) w 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 005135" 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 890371101 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 029116" West along said centerline of survey for 265.23 feet to a point; thence departing said centerline of survey run South 89 049153" 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 Boulevardl thence run South 89 049153" 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 949153" 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" Page 1 of 2 0 Commence at the northeast corner of said Section 6; also being the southeast corner of Section 31, Township 49 South, Range 28 Eastj thence run South 00005 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 037110" Went 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 00.29116" East along said centerline of survey for 84.77 feet to a point; thence departing said centerline of survey run South 89049 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 89 049'53" 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 rightej thence continue South 89 049153" 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. Y 1 Description Approved by: I William 8. 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