Resolution 2004-098
1688
RESOLUTION NO. 2004- 98
A RESOLUTION BY TIIE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING TIIE CHAIRMAN TO SIGN A mGHW A Y
LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NEW I-75/GOLDEN GATE PARKWAY
INTERCHANGE.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a
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Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County,
wherein FDOT will fund significant landscape improvements at the new I75/Golden Gate Parkway
Interchange, providing that the County maintain such landscaping in the future; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the
best interests of the citizens of Collier County.
NOW, TIffiREFORE, BE IT RESOL YED BY TIIE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement; authorizes its Chairman, Donna
Fiala, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this
Resolution to the FDOT along with the executed Agreement.
.. This Resolution adopted after motion, second and majority vote favoring same, this _ day of
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,,:'.' ;-' , 2004:'>.
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:.:ATTEST: ~; ,~'
- QWIGHTJ;:.; BRO~K, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLiUNTY. FLORIDA . .
By: ~ d...~
DONNA FIALA, Chairman
to form and legal sufficiency:
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1698
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this _ day of . 20 --' by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT ATION, hereinafter
referred to as the ''DEPARTMENT'', and "COLLIER COUNTY BOARD'OF COUNTY
COMMISSIONERS" , hereinafter referred to as the "AGENCY".
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 93'; 1-75
as part of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way of State Road 93/ 1-75; Section
031750 from Mile Post 53.341 to Mile Post 54.691, hereinafter referred to as the "PROJECf"; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated
attached hereto and made a part hereof, has authorized its
Agreement on behalf of the AGENCY;
, a copy of which is
to enter into this
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this
Agreement, it has:
(a) Ascertained the location of all existing utilities, both aerial and underground.
A letter of notification and plan of the landscape development improvements
was mailed on N/ A. to the following utilities/municipalities:
(b) Complied with all permit requirements from the' appropriate agencies
(county, municipality, etc.) in connection with the activities described
hereunder. '
Outdoor advertising is specifically excluded from this Agreement in accordance with
Section 479.11, Florida Statutes,
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2. The AGENCY hereby agrees to install the landscape improvements in accordance
with the Landscape Development Plan included as Exhibit "A II, attached hereto and by this .
reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida
Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic
650-050-001-c), as they may be amended from time to time.
3. The AGENCY agrees to maintain the landscape improvements in ;iccordance with
the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference
made a part hereof.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty(30} days, the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work:.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. To the extent pennitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any of its officers, agents. or employees will be
liable under this section for damages arising out of inj ury or damage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
6. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
7. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shan be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not been removed, the
DEPARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape improvements within the limits of said project with
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DEPARTMENT's contractor or personnel and charge the AGENCY forthe
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition. and charge
the AGENCY for the reasonable value of such work.
8. The term of this Agreement commences upon execution by both p~es.
9. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and Wlderstanding. oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby,
10. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
11. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law.
the laws of Florida shan prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
BY;
TITLE:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
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ATTEST:
Executive Secretary
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Legal Review:
District Legal Counsel
0: LANNiNG
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Agenda 1J'~~~~L
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