Backup Documents 09/24/2019 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b A (�
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must a received in the County Atrney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP L C.6I 1 aA Yl a 12-7
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is re dy complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Co Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office n-"C:\ -�
\r' ��/ `AV.5\'4
4. BCC Office Board of County w\\A
Commissioners \/cS/ g\ziA`ck
5. Minutes and Records Clerk of Court's Office
i\All
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 addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Pamela Lulich,PLA, CPM/GMD—Road Phone Number 239-252-6291
Contact/ Department Maintenance
Agenda Date Item was September 24,2019 V Agenda Item Number 16.A.9
Approved by the BCC
Type of Document Revocable License Agreement with Golden Number of Original 7
Attached Gate Estates Civic Association Documents Attached
PO number or account 112-163644-649030-31112.18
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be PJL
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 N/A
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 PJL
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PJL
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip PJL
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on and all changes made during the N/A is not
meeting have been incorporated in the attached document. The County Attorney's ■ ~ an option for
Office has reviewed the changes,if applicable. '. this line.
9. Initials of attorney verifying that the attached document is the version approved by t r e , A is not
BCC, all changes directed by the BCC have been made,and the document is ready ft t - a option for
Chairman's signature. is line.;
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A 9
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is made this ad-`-day of
, 2019, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FL, a political subdivision of the State of Florida ("County"), having its principal
address at 3299 Tamiami Trail East,Naples,FL 34112,in favor of the GOLDEN GATE ESTATES
AREA CIVIC ASSOCIATION,INC.,a Florida not-for-profit corporation("Association"),whose
mailing address is P.O.Box 990596,Naples,FL 34116.
BACKGROUND
A. The COUNTY acquired 1,061.5 acres, located in Collier County, Florida, from
Avatar Properties, Inc., f/k/a GAC Properties, Inc. in accordance with the November 15, 1983
Agreement between Avatar Properties Inc. and Collier County; and
B. Pursuant to the 1983 Agreement, the property deeded to the County and/or the
monetary proceeds acquired from the subsequent sale of said property are to be used to provide
government facilities within and for the geographical area known as"Golden Gate Estates;"and
C. On April 23, 2019, the County and the Association entered into an Agreement by
which the County agreed to use said funds for the purchase of two (2) signs welcoming residents
and visitors to Golden Gate Estates; and
D. The Association desires to install this signage within County-owned medians on
Imrnokalee Road; and
E. The County has determined that the Association's request for signage within this
County-owned property is in the best interest of the citizens of Collier County and the County will
grant a license to the Association to install and maintain the signs at specified locations in
accordance with the terms of this Agreement;
F. The County desires that the Association may use the County-owned property until
further notice; and
G. The parties have entered into this Agreement to evidence their understanding.
NOW, THEREFORE, for good and valuable consideration, receipt and sufficiency of
which is hereby acknowledged, the parties hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. The County hereby grants a license to the Association to enter upon the County-
owned property to install and repair,as needed,two(2) freestanding signs based on the renderings 1,
attached as EXHIBIT A. The location for each sign is set forth on EXHIBIT B. The location of
the signage and the signs shall comply with Collier County's Land Development Code. The
Association shall obtain a Right of Way Permit for each sign location.
16A9
3, This license will exist until terminated pursuant to the terms hereof.
4. The County will not charge an annual fee for the license granted hereunder.
5. Either party may terminate this Agreement,in whole or in part,by providing ninety
(90)days prior written notice to the other party("Notice of Termination"). In the event that either
party provides a Notice of Termination, the Association at its sole cost and expense shall remove
all signs and sign structures and restore the property to the condition it existed as of the date hereof
by the termination date set forth in the Notice of Termination.
6. The Association shall be responsible for, and shall defend, indemnify and hold
harmless the County against and from any and all liability or claim of liability demands and causes
of action, which may arise as a result of the Association's performance or activities under this
Agreement, together with all costs and reasonable attorney's fee for defending the same, arising
out of: (a) any failure on the part of the Association to perform or comply with any of the terms
hereof, (b)performance of any labor or services or the furnishing of any materials in respect to the
construction or maintenance of the signage installed on the property pursuant to the terms hereof;
(c) any negligent, intentionally tortuous, or other act or omission of the Association or any of its
employees,agents, licensees or invitees solely as it may relate to this Agreement; and(d)any patent
or latent defect in the signage caused by the Association or any of its employees or agents.
7. Except as and if otherwise provided herein, all notices,requests and demands to or
upon the respective parties hereto shall be in writing and shall be deemed to have been given or
made five(5)business days after a record has been deposited in the mail,postage prepaid, or one
(1) business day after a record has been deposited with a recognized overnight courier, charges
prepaid or to be billed to the sender, or on the day of delivery if delivered manually with receipt
acknowledged, in each case addressed or delivered:
To County at: 3299 Tamiami Trail East
Naples,FL 34112
Attn: Chairman
With a copy to: County Attorney's Office
3299 Tamiami Trail East,Suite 800
Naples,FL 34112
Attn: Jeffrey A. Klatzkow,County Attorney
To Association: P.O.Box 990596
Naples,FL 34116
Attn:President
Either party may change its address for purposes of this Section by giving notice of the
new address to the other party in the manner set forth above.
[15-CPS-01480/1230134/1]
Page 2 of 4
16A 9
8. The Association may not assign this Agreement without the County's express prior
written consent.
9. This Agreement may not be changed, modified or amended, except in writing by
an instrument executed by the parties hereto.
10. If any term or provision of this Agreement or the application thereof to any party,
person or circumstance shall,to any extent,be declared invalid or unenforceable by a court of law,
the remainder of this Agreement, or the application of such term or provision to parties,persons
or circumstances other than those to as to which it is held invalid or unenforceable, such term or
provision shall be modified to the minimum extent necessary to make it or its application valid
and enforceable, and the validity and enforceability of all other terms and provisions of this
Agreement and all other applications of any such term or provision shall not be affected thereby,
and each term and provision of this Agreement shall be valid and enforced to the fullest extent
permitted by law.
11. This Agreement shall be construed and enforced in accordance with the laws of the
State of Florida, exclusive of choice of law rules. Venue for any legal action arising out of this
Agreement shall lie exclusively in the state courts of Collier County, Florida. In the event of any
litigation hereunder, the prevailing party shall be entitled to recover,in addition to other remedies,
reasonable attorney's fees and all costs incurred in connection with any such litigation whether
incurred prior to trial, during trial, on appeal, or in bankruptcy.
12. This Agreement constitutes the entire understanding of the parties,and all previous
agreements and understandings are superseded by this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
AS TO COUNTY:
DATED:�j�{}� . J (� ZG l el
ATTEST: BOARD OF CO TY COMMISSIONERS
CRYSTAL K. KINZEL,Clerk COLLIER C ., FLORIDA
BY \kY (-1J
By: .4011110
, Deputy Clerk W i ram L. McDaniel,Jr., Chairman
Attest as to Chairman's
signature only.
[IS-CPS-01480/1230134/1J
Page 3 of 4
16A9
AS TO ASSOCIATION:
DATED: 8/15/2019
ATTEST: GOLDEN GATE ESTATES AREA CIVIC
ASSOCIATION, INC.
Secretary (Signature)
Cynthia A Mackey Michael R Ramsey
(Print Name) (Print Name)
President
(Print Title of Corporate Member)
Approved as Xo onu and legality:
Jeffrey A. Klatzl ow,County Attorney
[15-CPS-01480/1230134/1]
Page 4 of 4
_ 1 6 A 9
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SIGN LOCATIONS
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#2 OIL WELL RD
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IMMOKALEE RD #1 RANDALL BLVD
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PROJECT: GGEACA SIGN LOCATIONS
iMMOKALEE RD
GGEACA
Golden Gate Estates Area
Civic Association
PO Box 990596
Naples,FL 34116
www.estates-civic.org