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Backup Documents 06/09/2020 Item #16A15ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 15 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 be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines #I 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 simature. draw a line through routine lines #1 through #2, complete the checklist, and forward to the County Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. Jennifer Belpedio, Asst. County Atty. County Attorney Office —t f�t � 1 2. BCC Office Board of County Commissioners / 3. Minutes and Records* Clerk of Court's Office 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 Robert Bosch, Mgr., ROW Acquisition, Phone Number 252-5843 Contact / Department Transportation Engineering Agenda Date Item was June 9, 2020 Agenda Item Number 16.A. t5 / Approved b the BCC 1/ Type of Document 1. Resolution with exhibits; 2. Agreement in Number of Original 5 Attached duplicate with exhibits; 3. Temporary Work Documents Attached Area Easement; 4. , ccastona PO number or account N/A No-i- ra._4r_ . number if document is G to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not aDDronriate. 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 signature . If yes, O' w.F LL provide the Contact Information Name; Agency; Address; Phone on an attached sheet. V 5 ABC A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's _ sip -nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip 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 awar5 of your deadlines! 8. The document was approved by the BCC on 06/09/ (enter date) and all changes N/A is not made during the meeting have been incorporate in the attached document. The 4,this an option for County Attorne 's Office has reviewed the changes, if applicable. line. 9. Initials of attorney verifying that the attached document is the version approved by the is not BCC, all changes directed by the BCC have been made, and the document is ready for the "� japtitionfor Chairman's signature. hlle. ffi§w_�' '' � o\L 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 Crystal K. Kinzel Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 June 12, 2020 South Florida Water Management District Attn: Candida Heater, Div. Director 3301 Gun Club Road - MS 8312 West Palm Beach, FL 33406 Ms. Heater, 16A15 Enclosed is certified Resolution 2020-90, three (3) original agreements that need additional signatures and one (1) original Temporary Work Area Easement that needs to be recorded. Once executed, please return two original agreements and a copy of the recorded Easement back to my office. I have included a return fed ex slip for you convenience. Any questions, Please contact me at 239-252-8411. Thank you, Teresa Cannon, Sr. Deputy Clerk Board's Minutes & Records Dept. 3299 Tamiami Trail E., Ste 401 Naples, FL 34112 Phone- (239) 252-2646 Website- www.CollierCierk.com Fax- (239) 252-2755 Email- CollierClerk@colliercierk.com RESOLUTION NO.2020- go A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A RELOCATION AGREEMENT, THE CONVEYANCE OF A TEMPORARY WORK AREA EASEMENT AND A PERPETUAL FLOWAGE, OCCASIONAL FLOWAGE AND CULVERT EASEMENT TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, REQUIRED FOR THE CONSTRUCTION OF A CULVERT UNDER CR 92 FOR THE PICAYNE STRAND RESTORATION PROJECT, AS PART OF THE COMPREHENSIVE EVERGLADES RESTORATION PLAN. WHEREAS, the United States Army Corps of Engineers, in partnership with the South Florida Water Management District ("the District"), proposes to construct a culvert and related improvements under CR 92 for the Picayune Strand Restoration Project ("the Project"), as part of the Comprehensive Everglades Restoration Plan; and WHEREAS, it is necessary that the District acquire a temporary work area easement and a perpetual flowage, occasional flowage and culvert easement (collectively, "the Easements"), over, under, upon and across portions of CR 92 right-of-way presently owned by Collier County and more fully described in Exhibits "A" and "B" the Relocation Agreement attached to this Resolution ("the Agreement"); and WHEREAS, pursuant to Section 125.38, Florida Statutes, a Resolution setting forth such conveyances to the District, must be approved by the Board; and WHEREAS, the District has made application to Collier County to execute and deliver to the District the easement instruments set forth in Exhibits "A" and "B" to the Agreement, at no additional cost to the District, and said request having been duly considered; and WHEREAS, said use is in the best interest of Collier County; and WHEREAS, the Easement rights are not needed for Collier County purposes. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, that the application of the South Florida Water Management District for the Easements is Page 1 60) for drainage purposes that are in the public or community interest and for public welfare; that the Easement rights required for drainage purposes by the District are not needed for Collier County purposes; and that the Chairman is hereby authorized to execute the Agreement and the easement instruments set forth in Exhibits "A" and "B" to the Agreement, conveying the Easements to the District, along with such other closing documents needed to effectuate transfer, after approval by the Office of the County Attorney, at no additional cost to the District. BE IT FURTHER RESOLVED that the County shall maintain the culvert in perpetuity. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the South Florida Water Management District. This Resolution, adopted on this � day of �un`Q , 2020, after motion, second and majority vote. ATTEST: Crystal K. Kinzellerk of the Circuit to Chairman's re only. BOARD OF COUNTY COMMISSIONERS OF COLLI COUNTY, FLORIDA By: Burt L. Saunders, Chairman Approved as to form and legality: 90 fifer A. Belp d D �a. Assistant County Attorney SLR Page 2 05012020 Agreement No. 16A15 THIS RELOCATION AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY FOR THE LANDS REQUIRED FOR THE RIGHT OF ENTRY, DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE OF FACILITIES FOR THE PICAYUNE STRAND RESTORATION PROJECT, AS PART OF THE COMPREHENSIVE EVERGLADES RESTORATION. THIS Agreement, entered into thisTday ofdZ11 2020, between the South Florida Water Management District (SFWMD), a governmental entity created under Chapter 373, Florida Statutes, (SFWMD), and Collier County, a political subdivision of the State of Florida (Collier County). WITNESSETH, that: WHEREAS, the United States Army Corps of Engineers (Government), has authority under Section 1001(15) of the Water Resources Development Act of 2007, Public Law 110-114 to carry out the Picayune Strand Restoration Project (PSRP), including the Southwest Protection Features County Road 92 Project (CR 92 Project), as part of the Comprehensive Everglades Restoration Plan (CERP); WHEREAS, the PSRP purpose is to restore and enhance the wetlands in Golden Gate Estates and in adjacent public lands by reducing overdrainage; implementation of the restoration plan would also improve the water quality of coastal estuaries by moderating the large salinity fluctuations caused by freshwater point discharge of the Faka Union Canal; the plan would also aid in protecting the City of Naples' eastern Golden Gate well field by improving groundwater recharge; WHEREAS, the CR 92 Project implementation requires: (A) construction of one (1) double barrel ten (10) foot wide by three (3) foot high concrete box culvert located under CR 92 (culvert), also known as San Marco Drive, approximately 2,400-feet west of the intersection of CR 92 at US 41, also known as State Road 90; and (B) replacement of the CR 92 roadway disturbed by the construction of the culvert; WHEREAS, the Government has entered into a Project Partnership Agreement (PPA) with the SFWMD, which requires that the SFWMD provide all lands, easements, rights of way, relocations, and disposal areas (LERRDS) for the design, construction, operation, and maintenance of the PSRP; and for the SFWMD to perform all operation and maintenance of the PSRP; WHEREAS, the SFWMD has requested that the Government design, construct, and perform all relocations for the CR 92 Project; WHEREAS, the SFWMD is authorized by Chapter 373, Florida Statutes, and by resolution number to execute this Agreement; Page 1 of 7 16A1 WHEREAS, Collier County is represented by the Board of County Commissioners, and authorized by Florida Law, and by resolution number authorized its Chairman to execute this Agreement; WHEREAS, Collier County is the holder of certain fee title on which Collier County has constructed and is operating and maintaining the CR 92 roadway, which will be altered by the construction, operation, and maintenance of the culvert; WHEREAS, it is necessary in the design, construction, operation and maintenance of said CR 92 Project that the aforementioned title rights and privileges of Collier County be modified, - Collier County is willing to grant a right of entry and a temporary work area easement; and upon completion of construction of the CR 92 Project and acceptance by Collier County of the CR 92 roadway, convey a perpetual flowage easement and culvert easement to SFWMD; WHEREAS, Collier County agrees to operate and maintain the culvert and the reconstructed roadway; Collier County further agrees that reconstruction of the roadway following installation of the culvert constitutes full, just, and complete compensation for the acquisition by the SFWMD of Collier County's rights and property interests discussed herein. NOW, THEREFORE, in consideration of the foregoing provisions and mutual covenants and conditions set forth below, the parties intending to be legally bound, agree as follows: ARTICLE 1. INCORPORATION The Recitals above and the Exhibits to this Agreement are incorporated and made part of this Agreement. ARTICLE 2. EFFECTIVE DATE The Effective Date of this Agreement shall be the date the last party executes this Agreement. ARTICLE 3. OBLIGATIONS OF COLLIER COUNTY (a) Upon the Government's completion of the CR 92 Project's design plans and specifications (CR 92 Project Plans and Specs), the SFWMD and Collier County may view the CR 92 Project Plans and Specs by requesting such arrangements with the Government at the Government's offices. (b) In order to accomplish the design and construction of the CR 92 Project, Collier County shall grant to the SFWMD, its representatives, agents, contractors, and assigns, without further consideration, an assignable right -of -entry and temporary work area easement on those parcels of real estate, in which Collier County has an interest, identified in Exhibit "A". SFWMD is authorized to assign the right of entry and temporary work area easement to the Government, its representatives, agents, contractors, and assigns. (c) Prior to completion of the CR 92 Project's construction, there will be a sixty (60) day test period by SFWMD of the CR 92 Project. After the test period, Collier County shall have thirty (30) days to make a final inspection. If Collier County states that the work has not been constructed in accordance with the CR 92 Project Plans and Specs then Collier County shall make its statements known to the SFWMD. SFWMD shall notify and coordinate, if applicable, Collier County's statements with the Government. The Government, in its sole determination, shall make all determinations regarding the Government's conformity with the CR 92 Project Plans and Specs. Failure of Collier County to perform a final inspection, or make statements to Page 2 of 7 16A15 SFWMD, shall indicate satisfactory performance of the design and construction of the CR 92 Project and shall constitute Collier County's acceptance of the CR 92 Project. (d) Concurrent with acceptance of the reconstructed CR 92 roadway by Collier County, Collier County shall execute the perpetual flowage and culvert easement and grant to SFWMD a permanent and assignable right, power, privilege and easement permanently to overflow, flood and submerge the land and construct, operate and maintain the culvert in connection with the operation and maintenance of the CR 92 Project, see Exhibit "B", Upon execution of the perpetual flowage and culvert easement, the underlying fee interest shall be the property of Collier County which shall be subordinate to the SFWMD perpetual flowage and culvert easement. (e) Upon execution of the perpetual flowage and culvert easement by Collier County, Collier County shall perform all operation and maintenance of roadway including the base, sub base, soil, and road above the conveyance feature in accordance with all applicable laws, regulations, and policy. (f) Upon execution of the perpetual flowage and culvert easement by Collier County, Collier County shall perform all operation and maintenance of the culvert for the CR 92 Project's flow of water in and through the constructed culvert underneath CR 92. Article 4. Obligations of the SFWMD (a) SFWMD shall obtain and furnish all lands and land rights required to affect the relocation, rearrangement, alteration, design and construction, and operation and maintenance of the CR 92 Project herein described. Article 5. Interference Collier County agrees that so long as the culvert is operated or maintained for the purposes described above, the CR 92 Project shall not be further altered or modified, nor other facilities constructed by Collier County that would interfere with the operation and maintenance of the CR 92 Project without the prior coordination and approval of the SFWMD. Routine maintenance of the CR 92 roadway by Collier County is not considered to be an alteration or modification as long as such activity does not interfere with the flow of water through the constructed culvert. Article 6. Release Collier County agrees that, upon completion of the construction of the CR 92 Project provided for herein, to accept the reconstructed CR 92 roadway as a substitute facility, and it is to be considered to be full and just compensation for any and all changes to the CR 92 right-of- way and does hereby release the Government and SFWMD from any and all causes of action, suits -at -law or equity or claims or demands, and from any liability of any nature whatsoever for and on account of said changes to said CR 92 right-of-way and facilities. Article 7. Completion The design and construction of the CR 92 Project is estimated to be completed within thirty six (36) months of the Government's Notice to Proceed. Page 3 of 7 1 6A15 Article 8. Condemnation Should it be determined for any reason that the right, title, and interest in any of Collier County's lands subject to this Agreement, shall be acquired by condemnation, or other judicial proceedings, then SFWMD and Collier County shall cooperate in the prosecution of the proceedings, and this Agreement shall, without more, constitute a stipulation which may be filed in the proceedings and be final and conclusive evidence of the adjustments to be made to the facilities herein mentioned and the proper award to be made in such proceedings. In the event this Agreement is filed in such proceedings, it shall constitute an appearance and waiver of all rights to service or summons or other process, and the right to appointment of commissioners or a jury to determine the award. Article 9. Disputes As a condition precedent to a party bringing any suit for breach of this Agreement, that the party commencing the suit must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiations, they may agree to a mutually acceptable method of non -binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay fifty percent (50%) of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. Article 10. Environmental Litigation If the performance of all or any part of the CR 92 Project is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, SFWMD shall not be liable to Collier County, and SFWMD may suspend, delay, or interrupt all or any part of the work for such period of time. Upon request by the SFWMD, the SFWMD and Collier County shall extend the right of entry and temporary work area easement for completion of design and construction. Article 11. Notice. (a) Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and either delivered personally or by telegram or mailed by first-class, registered, or certified mail, as follows: Collier County: C/O: Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 SFWMD: South Florida Water Management District C/O: The Executive Director 3301 Gun Club Road, West Palm Beach, Florida 33406-4680 Page 4 of 7 16A15 (b) A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. (c) Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. Article 12. Sovereign Immunity Subject to the limits of Florida Law, nothing in this Agreement shall be deemed or otherwise interpreted as waiving the SFWMD or Collier County's sovereign immunity protections, or as increasing the limits of liability set forth in section 768.28, Fla. Stat. (2019). Article 13. Modification A modification or waiver of any provision of this Agreement shall be effective if made in writing and executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement of seven (7) pages, not counting the pages in the attached Exhibits. -Signatures on the following pages - Page 5 of 7 16A15 South Florida Water Management District Signature: Witness: Name: Name: Title: Title: Date: Date: Witness: Name: Title: Date: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, by means of physical presence, this day of , 2020 by who is personally known to me. My Commission Expires: Notary Public Notary's Printed Name -Signatures continue on the following page - Page 6 of 7 16A15 Signed, sealed and delivered in the presence of Collier County ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller iL ��� BY: Qe4pu.ty Clerk Burt L. Saunders, Chairman Attestasio Chainnan's Signature only. ATTEST Approved as to form and legality CRYSTAL K. KINZEL, CLERK F3Y: — -- p,ytiistant County A iuy 51 ce �&oa0 Page 7 of 7 16A15 Exhibit "A" to the SFWMD Collier County Agreement 04062020 Prepared by and return to: Tract Nos.: Picayune Strand Restoration Project Collier County Road 92, Collier County Florida Folio Nos. TEMPORARY WORK AREA EASEMENT STATE OF FLORIDA COUNTY OF COLLIER THIS INDENTURE, made this the _ day of A.D. 2020 by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112, (Collier County) and by and through the THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a governmental entity created under Chapter 373, Florida Statutes, whose address is 3301 Gun Club Road, West Palm Beach, FL 33406 (SFWMD). WITNESSETH: That the said Collier County, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, does hereby grant and convey unto the SFWMD, and its successors and its assigns, the following easements: An assignable right of entry and temporary easement and rights -of -way in, on, over and across the land described in Exhibit "A-1" for a period not to exceed thirty six (36) months, beginning with date possession of the land is granted to the SFWMD, for use by the SFWMD, its representatives, agents, contractors, and assigns, as a work and construction area for the County Road 92 Project (CR 92 Project) and its construction of one (1) double barrel ten (10) foot wide by three (3) foot high concrete box culvert (culvert) located under County Road 92 and replacement of the CR 92 roadway disturbed by construction of the culvert. This conveyance is exempt from Florida State tax on deeds (FSA 201.02) per FAC 12B-4.014(10) 16A15 The Right of Entry shall include an irrevocable and assignable right to enter upon the lands hereinafter described at any time from the date of execution of this instrument, in order for SFWMD or its representatives, agents, or delegees to survey, make test borings, and carry out such other exploratory work as may be necessary to complete the investigation being made of said lands by the Government. This Right of Entry includes the right of ingress and egress on lands of the Collier County located within the limits of the CR 92 Project, provided such ingress and egress is necessary and not otherwise conveniently available to the SFWMD. All tools, equipment, and other property taken upon or placed upon the land by the SFWMD shall remain the property of the SFWMD and may be removed by the SFWMD at any time within the period of this right of entry and a reasonable period after the expiration of this Right of Entry. The Easement and Right of Entry shall include the right to borrow and/or deposit fill material thereon, and move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Picayune Strand Restoration Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to Collier County, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public utilities, railroads and pipelines. Notwithstanding the aforegoing, the SFWMD, its contractors and the U.S. Army Corps of Engineers shall at all times comply with Maintenance of Traffic requirements in accordance with the current editions of the Florida Department of Transportation Design Standards (102-600 Series), the Standard for Road and Bridge Construction and the Manual on Uniform Traffic Control Devices (Part VI) as minimum criteria. Traffic control and lane closures (if required) shall be in accordance with Index Nos. 600 through 630. The Road Alert Form attached hereto as Exhibit "A-2" shall be completed and returned to the email addresses listed at the top of the form a minimum of five business days prior to any lane closures. THE ACQUIRING AGENCY IS THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT It is contemplated that SFWMD will utilize contractors, subcontractors, SFWMD's employees, and other governmental entities, including but not limited to the United States Army Corps of Engineers as well as its contractors, subcontractors and employees, in connection with SFWMD's exercise of the interests, rights, privileges, and powers conveyed and granted to SFWMD hereunder. This Easement and Right of Entry may be assigned in whole or in part by the SFWMD to the United States Army Corps of Engineers, its representatives, agents, and contractors for use in connection with any of the purposes above mentioned. All the covenants, terms, and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, assigns, and grantees of their respective interests in the Easement and Right of Entry. Collier County hereby covenants with the said SFWMD that it holds sufficient interest in the subject property and has good right and lawful authority to convey this Easement and Right of Entry. 1 6A15 IN WITNESS WHEREOF, Burt L. Saunders, Chairman of the Collier County Board of County Commissioners, Collier County, has hereunto set their hand and seal on the day and year first above written. In compliance with the conditions set forth in this Easement, the SFWMD, by the acceptance of this Easement, accepts the real estate rights over the lands described and agrees for itself, its successors and assigns to abide by the conditions set forth in this Easement. Signed, sealed and delivered in the presence of Collier County ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller Deputy Clerk c as to Chairman's ,Iature only. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /�,NPNA �. Burt L. Saunders, Chairman SIGNATURES CONTINUE ON THE FOLLOWING PAGE ATTEST CRYSTAL K. 'CLERK BY: Approvcd as to forrn and legality 4,-.nt County Att cy South Florida Water Management District Signature: Name: Title: Date: Witness: Name Date: Witness: Name: Date: 1 6A15 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, by means of physical presence, this day of 1 2020 by (Name), (Title) of the South Florida Water Management District, who is personally known to me. Notary Public Notary's Printed Name My Commission Expires: Temporary Work Area Easement Over A Portion of the County Road 92 Rights -Of -Way Tract No. Parcel ID No. Various Folio No. Various State of Florida, Acres: Exhibit "A-1" Legal Description A portion of those lands within the right of way of County Road 92 and depicted on the Florida Department of Transportation map Section No 03006-250-102 and being in Sections 27, 28, and 33, Township 51 South, Range 27 East in Collier County, Florida and being more particularly described as follows: Commence at the Southwest corner of Section 27, Township 51 South, Range 27 East; thence North 03 degrees 05 minutes 06 seconds West along the Westerly line of said Section 27, 307.72 feet to a point within the right of way of County Road 92 (150.00 foot width right of way) and the Point of Beginning; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1579.85 feet; thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92; thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line, 60.00 feet; thence departing said Southerly right of way line North 11 degrees 29 minutes 01 seconds West, 20.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 2149.19 feet, thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92; thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line, 225.47 feet; thence departing said Southerly right of way line North 48 degrees 15 minutes 16 seconds West, 255.47 feet to a point situate on the Northerly right of way line of County Road 92; thence departing said Northerly right of way line South 19 degrees 44 minutes 42 seconds West, 139.91 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 2149.19 feet; thence North 11 degrees 29 minutes 01 seconds west, 65.00 feet to an intersection with the Northerly right of way line of said County Road 92; thence South 78 degrees 30 minutes 59 seconds West along said Northerly right of way line, 60.00 feet; thence departing said Northerly right of way line South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 3500.00 feet; thence South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1920.15 feet and the Point of Beginning. Containing 9.24 acres, more or less. 1 6Ai5 Collier County Growth Management Department Exhibit "A-2" Lane Closure Notification Form for Road Alert or Road Alert Update ROAD ALERTS and ROAD ALERT UPDATES are prepared by the Collier County Growth Management Depatment to inform the community about scheduled road construction and road maintenance projects along major roadways in Collier County where lane closures are planned or traffic flow may be affected Road Alerts are normally prepared weekly on Wednesday for distribution on Thursday afternoon. Road Alert Update information can be submitted as necessary. Return this form by e-mail to: growth.mana ement ,colliercountyfl.cov and Desiree Hart at Desiree.Hartgcolliercountyfl.gov and Connie Deane at con nie.deanena,colliercountyfl. gov or fax: 239-252-6881. Any questions, phone: 239-252-8192 or 239-252-8365. Name of Company/Contractor/CEI (submitting the form): Contact Name: Mobile and/or Office Phone and e-mail Subcontracting Company (if any): Tyne of Work a. For Collier County Collier County, contact: b. For Utility such as FPL, TECO c. For Private Company_ Collier County RIGHT-OF-WAY Permit # Other, County staff member/contact, if any: If a developer, provide developer's name as well as subdivision/new building or whatever the project name is: (Office note: write as Permitted Work) 6.) Street Name OR Intersection of Lane Closure (Be specific: Road, Blvd., Drive, etc.) 7.) Between what TWO roadways: *need to have either the intersecting street names if work is occurring within the intersection OR the road/street names closest to where the boundaries are for the work being performed 8.) Dates of Lane Closure: (Better to overestimate than underestimate) Start date: End date: 9.) Purpose of Lane Closure: 10.) Please check any and/or all that apply: Direction of work: eastbound westbound northbound southbound Medians 11.) Which lane(s) closed? Through lane _ Right turn _ Left turn _Roadsides a.) NOTE: If you are closing a turn lane can drivers still make the turn from through lane ? b.) Or from other turn lane(s)? 12.) Type of closure (may select more than one but be clear as to what is planned): Intermittent Three lanes to two Two lanes to one Rolling _ Reduced to Road Closed- Road Closed to All Traffic Detour (if detour, please provide the detour to be posted — may need to submit a diagram or additional sheet Other 13.) Hours of lane closure: 9 - 3 p.m. _ 9-3:30 p.m. 8 p.m. - 6 a.m. (overnight) Other: 14.) Maintenance of Traffic (MOT) — Check ALL that apply. Flagmen Electronic Message Boards Lighted Arrow Boards Rolling truck with signage Advance warning signs Barricades/cones Law enforcement officers: Speed limit change: -from what CURRENT speed to what TEMPORARY speed? Exhibit "B" to SFWMD Collier County Agreement Prepared by and return to: Tract Nos.: Picayune Strand Restoration Project Collier County Road 92, Collier County Florida Folio Nos. 16A15 PERPETUAL FLOWAGE, OCCASIONAL FLOWAGE AND CULVERT EASEMENT DEED STATE OF FLORIDA COUNTY OF COLLIER THIS PERPETUAL FLOWAGE, OCCASIONAL FLOWAGE AND CULVERT EASEMENT DEED, made this the _ day of , A.D. 2020 by COLLIER COUNTY, a political subdivision of the State of Florida, whose address is, 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112, (Collier County) in favor of the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a governmental entity created under Chapter 373, Florida Statutes, whose address is 3301 Gun Club Road, West Palm Beach, FL 33406 (SFWMD). WITNESSETH: That the said Collier County, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, does hereby grant and convey unto the SFWMD, and its successors and its assigns, forever, the following easements: A.) Perpetual Flowage and Occasional Flowage Easements - The perpetual and assignable right, power, privilege and easement permanently to overflow, flood and submerge the portion of This conveyance is exempt from Florida State tar on deeds (FSA 201.02) per FAC 12B-4.014(10) 16 A15 the land described in Exhibit "13-1" that is lying below elevation 1.70 feet NAVD (North American Vertical Datum) and occasionally to overflow, flood and submerge the portion of the land described in Exhibit "13-1" that is lying above elevation 1.70 feet NAVD and below 3.0 feet NAVD, (and to maintain mosquito control) in connection with the operation and maintenance of the project as authorized by the Act of Congress approved under Section 1001(15) of the Water Resources Development Act of 2007, Public Law 110-114 authorizes the Picayune Strand Restoration Project (PSRP), including the Southwest Protection Features (SWPF) County Road 92 Project (CR 92 Project), as part of the Comprehensive Everglades Restoration Plan (CERP), and the continuing right to clear and remove and brush, debris and natural obstructions which, in the opinion of the representative of the United States in charge of the project, may be detrimental to the project, together with all right, title and interest in and to the timber, structures and improvements situated on the land; provided that no structures for human habitation shall be constructed or maintained on the land, that, other than the Culvert Improvements described in Section B. below, no other structures shall be constructed or maintained on the land except as may be approved in writing by the representative of the United States in charge of the project, and that no excavation shall be conducted and no landfill placed on the land without such approval as to the location and method of excavation and/or placement of landfill; the above estate is taken subject to existing easements for public utilities, railroads and pipelines; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used and enjoyed without interfering with the use of the PSRP for the purposes authorized by Congress or abridging the rights and easement hereby acquired; provided further that any use of the land shall be subject to Federal and State laws with respect to pollution in connection with the operation and maintenance of the Picayune Strand Restoration Project; reserving, however, to Collier County, and its assigns, all such rights and privileges as may be used and enjoyed without interfering with the operation and maintenance of the PSRP Project or interfering with or abridging the rights and easement hereby acquired. B.) Culvert Easement — A perpetual and assignable easement and right-of-way in, on, over and across the land described in Exhibit "13-1" for the location, construction, operation, maintenance, alteration, repair and patrol of an underground culvert and culvert improvements (collectively, the "Culvert Improvements"); together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to Collier County and its assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public utilities, railroads and pipelines. The lands described in Exhibit B-1 may be referred herein as the "Easement Parcel". THE ACQUIRING AGENCY IS THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. It is contemplated that SFWMD will utilize contractors, subcontractors, SFWMD's employees, and other governmental entities, including but not limited to the United States Army Corps of Engineers as well as its contractors, subcontractors and employees, in connection with SFWMD's exercise of the interests, rights, privileges, and powers conveyed and granted to SFWMD hereunder. These Easements may be assigned in whole or in part by the SFWMD to the United States Army Corps of Engineers, its representatives, agents, contractors, and assigns, for use in connection with any of the purposes above mentioned. All the covenants, terms, and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties 16 A15 hereto and their respective executors, administrators, personal representatives, heirs, successors, assigns, and grantees of their respective interests in the Easement Parcel. TOGETHER with all and singular, the tenements, hereditaments, and appurtenances thereunto appertaining; and every right, title or interest, legal or equitable, of the said Collier County, of, in and to the same; and Collier County does hereby quitclaim all right, title and interest which Collier County may have in the banks, beds, and waters of any waters bordering the aforesaid lands and also all interest in any alleys, roads, streets, ways, strips, gores, or railroads rights -of -way abutting or adjoining said lands, and any means of ingress and egress appurtenant thereto. Collier County hereby covenants with the said SFWMD that it holds sufficient interest in the subject property and has good right and lawful authority to convey these Easements. IN WITNESS WHEREOF, Collier County, has hereunto set its hand and seal on the day and year first above written. In compliance with the conditions set forth herein, the SFWMD, by the acceptance of these Easements, accepts the real estate rights over the lands described and agrees for itself, its successors and assigns to abide by the conditions set forth herein. -Signatures on the Following Page- 16 A15 Signed, sealed and delivered in the presence of Collier County ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller Q Deputy Clerk " Att�St 85 iw''C(taiiTild11�5 .Vfjnatm only. ATTEST CRYSTAL K. KINZEL, CLERK B BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:./` Burt L. Saunders, Chairman Approved as to form and legality AZiTstant Count torney 1 6A15 Perpetual Flowage Easement and Culvert Easement Over A Portion of the County Road 92 Rights -Of -Way Tract No. Parcel ID No. Various Folio No. Various State of Florida, Acres: Exhibit "B-1" Legal Description A portion of those lands within the right of way of County Road 92 and depicted on the Florida Department of Transportation map Section No 03006-250-102 and being in Section 27, Township 51 South, Range 27 East in Collier County, Florida and being more particularly described as follows: Commence at the Southwest corner of Section 27, Township 51 South, Range 27 East; thence North 03 degrees 05 minutes 06 seconds West along the Westerly line of said Section 27, 287.50 feet to an intersection with the Southerly right of way line of County Road 92 (150.00 foot width right of way); thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way of County Road 92, 1582.80 feet to the Point of Beginning; thence continue North 78 degrees 30 minutes 59 seconds East along said Southerly right of way of County Road 92, 60.00 feet; thence departing said Southerly right of way line of State Road 92 North 11 degrees 29 minutes 01 seconds West, 150.00 feet to a point situate on the Northerly right of way line of said County Road 92; thence South 78 degrees 30 minutes 59 seconds West along said Northerly right of way line, 60.00 feet; thence departing said Northerly right of way line South 11 degrees 29 minutes 01 seconds East, 150.00 feet to the Southerly right of way line of County Road 92 and the Point of Beginning. Containing 0.20 acres, more or less. 16A1S 04062020 Prepared by and return to: Tract Nos. Picayune Strand Restoration Project Collier County Road 92, Collier County Florida Folio Nos. TEMPORARY WORK AREA EASEMENT STATE OF FLORIDA COUNTY OF COLLIER THIS INDENTURE. made this the�day of J uInto A.D. 2020 by and between COLLIER COUNTY. a political subdivision of the State of Florida, whose address is 3299 Tamiami Trail East. c/o the Office of the County Attorney, Suite 800. Naples, FL 34112. (Collier County) and by and through the THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a governmental entity created under Chapter 373. Florida Statutes. whose address is 3301 Gun Club Road, West Palm Beach. FL 33406 (SFWMD). WITNESSETH: That the said Collier County. for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged. does hereby grant and convey unto the SFWMD, and its successors and its assigns. the following easements: An assignable right of entry and temporary easement and rights -of -way in, on, over and across the land described in Exhibit "A-1 ° for a period not to exceed thirty six (36) months. beginning with date possession of the land is granted to the SFWMD, for use by the SFWMD, its representatives. agents, contractors. and assigns. as a work and construction area for the County Road 92 Project (CR 92 Project) and its construction of one (1) double barrel ten (10) foot wide by three (3) foot high concrete box culvert (culvert) located under County Road 92 and replacement of the CR 92 roadway disturbed by construction of the culvert. This conveNancc is exempt from Florida State tax on deeds (FSA 201.02) her FAC 1213-4.014(10) 1 6A15 The Right of Entry shall include an irrevocable and assignable right to enter upon the lands hereinafter described at any time from the date of execution of this instrument, in order for SFWMD or its representatives, agents, or delegees to survey, make test borings, and carry out such other exploratory work as may be necessary to complete the investigation being made of said lands by the Government. This Right of Entry includes the right of ingress and egress on lands of the Collier County located within the limits of the CR 92 Project, provided such ingress and egress is necessary and not otherwise conveniently available to the SFWMD. All tools, equipment, and other property taken upon or placed upon the land by the SFWMD shall remain the property of the SFWMD and may be removed by the SFWMD at any time within the period of this right of entry and a reasonable period after the expiration of this Right of Entry. The Easement and Right of Entry shall include the right to borrow and/or deposit fill material thereon, and move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Picayune Strand Restoration Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way, reserving, however, to Collier County, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public utilities, railroads and pipelines. Notwithstanding the aforegoing, the SFWMD, its contractors and the U.S. Army Corps of Engineers shall at all times comply with Maintenance of Traffic requirements in accordance with the current editions of the Florida Department of Transportation Design Standards (102-600 Series), the Standard for Road and Bridge Construction and the Manual on Uniform Traffic Control Devices (Part VI) as minimum criteria. Traffic control and lane closures (if required) shall be in accordance with Index Nos. 600 through 630. The Road Alert Form attached hereto as Exhibit "A-2" shall be completed and returned to the email addresses listed at the top of the form a minimum of five business days prior to any lane closures. THE ACQUIRING AGENCY IS THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT It is contemplated that SFWMD will utilize contractors, subcontractors, SFWMD's employees, and other governmental entities, including but not limited to the United States Army Corps of Engineers as well as its contractors, subcontractors and employees, in connection with SFWMD's exercise of the interests, rights, privileges, and powers conveyed and granted to SFWMD hereunder. This Easement and Right of Entry may be assigned in whole or in part by the SFWMD to the United States Army Corps of Engineers, its representatives, agents, and contractors for use in connection with any of the purposes above mentioned. All the covenants, terms, and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, assigns, and grantees of their respective interests in the Easement and Right of Entry. Collier County hereby covenants with the said SFWMD that it holds sufficient interest in the subject property and has good right and lawful authority to convey this Easement and Right of Entry. 16A15 IN WITNESS WHEREOF. Burt L. Saunders. Chairman of the Collier County Board of County Commissioners, Collier County, has hereunto set their hand and seal on the day and year first above written. In compliance with the conditions set forth in this Easement, the SFWMD, by the acceptance of this Easement, accepts the real estate rights over the lands described and agrees for itself, its successors and assigns to abide by the conditions set forth in this Easement. Signed, sealed and delivered in the presence of Collier County ATTEST: CRYSTAL K. KINZEL. Clerk of the Circuit Court & Comptroller Gaxl� ca_v.-� eputy Clerk Attest as to Chairman's signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: e0 &P Burt L. Saunders. Chairman SIGNATURES CONTINUE ON THE FOLLOWING PAGE ATTEST C STAL K. KINZEL, CLERK B Approved as to form anti legality C � r istant County At x-ney South Florida Water Management District 16A15 Signature: Witness: Name: Name: Title: Date: STATE OF FLORIDA COUNTY OF PALM BEACH this Date: Witness: Name: Date: The foregoing instrument was acknowledged before me, by means of physical presence, day of , 2020 by (Name), (Title) of the South Florida Water Management District, who is personally known to me. Notary Public Notary's Printed Name My Commission Expires: 16Ai5 Temporary Work Area Easement Over A Portion of the County Road 92 Rights -Of -Way Tract No. Parcel ID No. Various Folio No. Various State of Florida, Acres: Exhibit "A-1" Legal Description A portion of those lands within the right of way of County Road 92 and depicted on the Florida Department of Transportation map Section No 03006-250-102 and being in Sections 27, 28, and 33, Township 51 South, Range 27 East in Collier County, Florida and being more particularly described as follows: Commence at the Southwest corner of Section 27, Township 51 South, Range 27 East; thence North 03 degrees 05 minutes 06 seconds West along the Westerly line of said Section 27, 307.72 feet to a point within the right of way of County Road 92 (150.00 foot width right of way) and the Point of Beginning; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1579.85 feet: thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92: thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line, 60.00 feet; thence departing said Southerly right of way line North 11 degrees 29 minutes 01 seconds West, 20.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 2149.19 feet; thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92; thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line. 225.47 feet; thence departing said Southerly right of way line North 48 degrees 15 minutes 16 seconds West, 255.47 feet to a point situate on the Northerly right of way line of County Road 92; thence departing said Northerly right of way line South 19 degrees 44 minutes 42 seconds West, 139.91 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 2149.19 feet; thence North 11 degrees 29 minutes 01 seconds west, 65.00 feet to an intersection with the Northerly right of way line of said County Road 92; thence South 78 degrees 30 minutes 59 seconds West along said Northerly right of way line, 60.00 feet; thence departing said Northerly right of way line South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 3500.00 feet; thence South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1920.15 feet and the Point of Beginning. Containing 9.24 acres, more or less. 16 A15 Collier County Growth Management Department Exhibit "A-2" Lane Closure Notification Form for Road Alert or Road Alert Update ROAD ALERTS and ROAD ALERT UPDATES are prepared b. the Collier County Growth Management Depatment to inform the connnunity about scheduled road construction and road maintenance projects along major roadways in Collier Count), where lane closures are planned or traffic flow nu{ti, be affected. Road Alerts are normally prepared weekly on Wednesday for distribution on Thursday afternoon. Road Alert Update information can be submitted as necessary. Return this form by e-mail to: .,rowth.mana ement'tcolliercountvtl gov and Desiree Hart at Desiree.Hart tcolliercount�fl.gov and Connie Deane at connie.deane cUcolliercountNfl eov or fax: 239-2.52-6881. Any questions, phone: 239-252-8192 or 239-252-8365. Name of Company/Contractor/CEI (submitting the form): Contact Name: Mobile and/or Office Phone and e-mail Subcontracting Company (if any): Tyne of Work a. For Collier Countv Collier Countv, contact: b. For Utility such as FPL. TECO c. For Private Company_ Collier County RIGHT-OF-WAY Permit is Other County staff member/contact, if any: If a developer, provide developer's name as well as subdivision/new building or whatever the project name is: (O(fice note: write as Permitted 11'ork) 6.) Street Name OR Intersection of Lane Closure (Be specific: Road, Blvd., Drive, etc.) 7.) Between what TWO roadways: *need to have either the intersecting street nhnhes if work is occurring within the intersection OR the roadAtreet nrnhes closest to where the boundaries are fbr the work being performed 8.) Dates of Lane Closure: (Better to overestimate than underestimate) Start date: End date: 9.) Purpose of Lane Closure: 10.) Please check any and/or all that apply: Direction of work: eastbound sNestbound northbound southbound Medians 11.) Which lane(s) closed? Through lane _ Right turn _ Left turn _Roadsides a.) NOTE: If.you are closing a turn lane can drivers still make the turn from through land ? b.) Or front other turn lane(s)? 12.) Twe of closure (mat- select more than one but be clear as to what is Planned): Intermittent Three lanes to two Two lanes to one Rolling _ Reduced to Road Closed- Road Closed to All Traffic Detour (if detour, please provide the detour to be posted — may need to submit a diagram or additional sheet Other 13.) Hours of lane closure: 9 - 3 p.m. _ 9-3:30 p.m. _ 8 p.m. - 6 a.m. (overnight) Other: 14.) Maintenance of Traffic (MOT) — Check ALL that apply. Flagmen Electronic Message Boards Lighted Arrow Boards Rolling truck with signage Advance warning signs Barricades/cones Law enforcement officers: Speed limit change: -from what CURRENT speed to what TEMPORARY speed? 16A15 MEMORANDUM Date: July 29, 2020 To: Robert Bosch, ROW Coordinator TECM Department From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: CR 29 Culvert - Agreement #05012020 and Recorded Temporary Work Area Easement Attached for your records, is a scanned copy of the document referenced above is attached, (Agenda Item #16A15) adopted by the Board of County Commissioners on Tuesday, June 9, 2020. The original has been kept by the Board's Minutes and Records Department as part of the Board's Official Records. If you should have any questions, please call me at 252-8411. Thank you. 1 6A15 05012020 Agreement No. THIS RELOCATION AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY FOR THE LANDS REQUIRED FOR THE RIGHT OF ENTRY, DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE OF FACILITIES FOR THE PICAYUNE STRAND RESTORATION PROJECT, AS PART OF THE COMPREHENSIVE EVERGLADES RESTORATION. THIS Agreement, entered into thisr—day of�� 2020, between the South Florida Water Management District (SFWMD), a governmental entity created under Chapter 373, Florida Statutes, (SFWMD), and Collier County, a political subdivision of the State of Florida (Collier County). WITNESSETH, that: WHEREAS, the United States Army Corps of Engineers (Government), has authority under Section 1001(15) of the Water Resources Development Act of 2007, Public Law 110-114 to carry out the Picayune Strand Restoration Project (PSRP), including the Southwest Protection Features County Road 92 Project (CR 92 Project), as part of the Comprehensive Everglades Restoration Plan (CERP); WHEREAS, the PSRP purpose is to restore and enhance the wetlands in Golden Gate Estates and in adjacent public lands by reducing overdrainage; implementation of the restoration plan would also improve the water quality of coastal estuaries by moderating the large salinity fluctuations caused by freshwater point discharge of the Faka Union Canal; the plan would also aid in protecting the City of Naples' eastern Golden Gate well field by improving groundwater recharge; WHEREAS, the CR 92 Project implementation requires: (A) construction of one (1) double barrel ten (10) foot wide by three (3) foot high concrete box culvert located under CR 92 (culvert), also known as San Marco Drive, approximately 2,400-feet west of the intersection of CR 92 at US 41, also known as State Road 90; and (B) replacement of the CR 92 roadway disturbed by the construction of the culvert; WHEREAS, the Government has entered into a Project Partnership Agreement (PPA) with the SFWMD, which requires that the SFWMD provide all lands, easements, rights of way, relocations, and disposal areas (LERRDS) for the design, construction, operation, and maintenance of the PSRP; and for the SFWMD to perform all operation and maintenance of the PSRP; WHEREAS, the SFWMD has requested that the Government design, construct, and perform all relocations for the CR 92 Project; WHEREAS, the SFWMD is authorized by Chapter 373, Florida Statutes, and by resolution number to execute this Agreement; Page 1 of 7 Q' G 16A15 WHEREAS, Collier County is represented by the Board of County Commissioners, and authorized by Florida Law, and by resolution number authorized its Chairman to execute this Agreement; WHEREAS, Collier County is the holder of certain fee title on which Collier County has constructed and is operating and maintaining the CR 92 roadway, which will be altered by the construction, operation, and maintenance of the culvert; WHEREAS, it is necessary in the design, construction, operation and maintenance of said CR 92 Project that the aforementioned title rights and privileges of Collier County be modified; Collier County is willing to grant a right of entry and a temporary work area easement; and upon completion of construction of the CR 92 Project and acceptance by Collier County of the CR 92 roadway, convey a perpetual flowage easement and culvert easement to SFWMD; WHEREAS, Collier County agrees to operate and maintain the culvert and the reconstructed roadway; Collier County further agrees that reconstruction of the roadway following installation of the culvert constitutes full, just, and complete compensation for the acquisition by the SFWMD of Collier County's rights and property interests discussed herein. NOW, THEREFORE, in consideration of the foregoing provisions and mutual covenants and conditions set forth below, the parties intending to be legally bound, agree as follows: ARTICLE 1. INCORPORATION The Recitals above and the Exhibits to this Agreement are incorporated and made part of this Agreement. ARTICLE 2. EFFECTIVE DATE The Effective Date of this Agreement shall be the date the last party executes this Agreement. ARTICLE 3. OBLIGATIONS OF COLLIER COUNTY (a) Upon the Government's completion of the CR 92 Project's design plans and specifications (CR 92 Project Plans and Specs), the SFWMD and Collier County may view the CR 92 Project Plans and Specs by requesting such arrangements with the Government at the Government's offices. (b) In order to accomplish the design and construction of the CR 92 Project, Collier County shall grant to the SFWMD, its representatives, agents, contractors, and assigns, without further consideration, an assignable right -of -entry and temporary work area easement on those parcels of real estate, in which Collier County has an interest, identified in Exhibit "A". SFWMD is authorized to assign the right of entry and temporary work area easement to the Government, its representatives, agents, contractors, and assigns. (c) Prior to completion of the CR 92 Project's construction, there will be a sixty (60) day test period by SFWMD of the CR 92 Project. After the test period, Collier County shall have thirty (30) days to make a final inspection. If Collier County states that the work has not been constructed in accordance with the CR 92 Project Plans and Specs then Collier County shall make its statements known to the SFWMD. SFWMD shall notify and coordinate, if applicable, Collier County's statements with the Government. The Government, in its sole determination, shall make all determinations regarding the Government's conformity with the CR 92 Project Plans and Specs. Failure of Collier County to perform a final inspection, or make statements to Page 2 of 7 i6AI5 SFWMD, shall indicate satisfactory performance of the design and construction of the CR 92 Project and shall constitute Collier County's acceptance of the CR 92 Project. (d) Concurrent with acceptance of the reconstructed CR 92 roadway by Collier County, Collier County shall execute the perpetual flowage and culvert easement and grant to SFWMD a permanent and assignable right, power, privilege and easement permanently to overflow, flood and submerge the land and construct, operate and maintain the culvert in connection with the operation and maintenance of the CR 92 Project, see Exhibit "B"; Upon execution of the perpetual flowage and culvert easement, the underlying fee interest shall be the property of Collier County which shall be subordinate to the SFWMD perpetual flowage and culvert easement. (e) Upon execution of the perpetual flowage and culvert easement by Collier County, Collier County shall perform all operation and maintenance of roadway including the base, sub base, soil, and road above the conveyance feature in accordance with all applicable laws, regulations, and policy. (f) Upon execution of the perpetual flowage and culvert easement by Collier County, Collier County shall perform all operation and maintenance of the culvert for the CR 92 Project's flow of water in and through the constructed culvert underneath CR 92. Article 4. Obligations of the SFWMD (a) SFWMD shall obtain and furnish all lands and land rights required to affect the relocation, rearrangement, alteration, design and construction, and operation and maintenance of the CR 92 Project herein described. Article 5. Interference Collier County agrees that so long as the culvert is operated or maintained for the purposes described above, the CR 92 Project shall not be further altered or modified, nor other facilities constructed by Collier County that would interfere with the operation and maintenance of the CR 92 Project without the prior coordination and approval of the SFWMD. Routine maintenance of the CR 92 roadway by Collier County is not considered to be an alteration or modification as long as such activity does not interfere with the flow of water through the constructed culvert. Article 6. Release Collier County agrees that, upon completion of the construction of the CR 92 Project provided for herein, to accept the reconstructed CR 92 roadway as a substitute facility, and it is to be considered to be full and just compensation for any and all changes to the CR 92 right-of- way and does hereby release the Government and SFWMD from any and all causes of action, suits -at -law or equity or claims or demands, and from any liability of any nature whatsoever for and on account of said changes to said CR 92 right-of-way and facilities. Article 7. Completion The design and construction of the CR 92 Project is estimated to be completed within thirty six (36) months of the Government's Notice to Proceed. Page 3 of 7 Article 8. Condemnation Should it be determined for any reason that the right, title, and interest in any of Collier County's lands subject to this Agreement, shall be acquired by condemnation, or other judicial proceedings, then SFWMD and Collier County shall cooperate in the prosecution of the proceedings, and this Agreement shall, without more, constitute a stipulation which may be filed in the proceedings and be final and conclusive evidence of the adjustments to be made to the facilities herein mentioned and the proper award to be made in such proceedings. In the event this Agreement is filed in such proceedings, it shall constitute an appearance and waiver of all rights to service or summons or other process, and the right to appointment of commissioners or a jury to determine the award. Article 9. Disputes As a condition precedent to a party bringing any suit for breach of this Agreement, that the party commencing the suit must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiations, they may agree to a mutually acceptable method of non -binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay fifty percent (50%) of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. Article 10. Environmental Litigation If the performance of all or any part of the CR 92 Project is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, SFWMD shall not be liable to Collier County, and SFWMD may suspend, delay, or interrupt all or any part of the work for such period of time. Upon request by the SFWMD, the SFWMD and Collier County shall extend the right of entry and temporary work area easement for completion of design and construction. Article 11. Notice. (a) Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and either delivered personally or by telegram or mailed by first-class, registered, or certified mail, as follows: Collier County: C/O: Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 SFWMD: South Florida Water Management District C/O: The Executive Director 3301 Gun Club Road, West Palm Beach, Florida 33406-4680 Page 4 of 7 16A15 (b) A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. (c) Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. Article 12. Sovereign Immunity Subject to the limits of Florida Law, nothing in this Agreement shall be deemed or otherwise interpreted as waiving the SFWMD or Collier County's sovereign immunity protections, or as increasing the limits of liability set forth in section 768.28, Fla. Stat. (2019). Article 13. Modification A modification or waiver of any provision of this Agreement shall be effective if made in writing and executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement of seven (7) pages, not counting the pages in the attached Exhibits. -Signatures on the following pages - Page 5 of 7 0 South Florid/a, Water Management District Signature: Name: Candida ifeater Title: Division Director Administrative Services Date: June 23, 2020 STATE OF FLORIDA COUNTY OF PALM BEACH 1 6A15 i .y I Witness: Name:, Title Date: l��J Name: Title: JI�.�'✓�'6 f i .N� y�s T Date:3o<� The foregoing instrument was acknowledged befR . a me, by mean of phsical presence, this 26 day of + 2020 by l a ►")A r d Lt who is persdjally known to me. Nota Public (. od a M5 Cullocf-i My Commission Expires: "1I \Z'2 Notary's Printed Name -Signatures continue on the following page - Page 6 of 7 ;;' CANDY L. M000LLOCH Notary Public - State of Florida ' • p Commission # GG 112535 91F�F { My Comm. Expires Sep 12, 2021 16A15 Signed, sealed and delivered in the presence of Collier County ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. J�INZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Courf,8�.06.Mgtroller Da .01, BY: eputy CleN11- Burt L. Saunders, Chairman .t 1 • r Qu o Oalnnan' s ATTEST Approved as to form and legality CRYSTAL K. KINZEL, CLERK BY: — Assis ant County A neY 5 �aoaa Page 7 of 7 1 bA15 Exhibit "A" to the SFWMD Collier County Agreement 04062020 Prepared by and return to: Tract Nos.: Picayune Strand Restoration Project Collier County Road 92, Collier County Florida Folio Nos. TEMPORARY WORK AREA EASEMENT STATE OF FLORIDA COUNTY OF COLLIER THIS INDENTURE, made this the _ day of , A.D. 2020 by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112, (Collier County) and by and through the THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a governmental entity created under Chapter 373, Florida Statutes, whose address is 3301 Gun Club Road, West Palm Beach, FL 33406 (SFWMD). WITNESSETH: That the said Collier County, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, does hereby grant and convey unto the SFWMD, and its successors and its assigns, the following easements: An assignable right of entry and temporary easement and rights -of -way in, on, over and across the land described in Exhibit "A-1" for a period not to exceed thirty six (36) months, beginning with date possession of the land is granted to the SFWMD, for use by the SFWMD, its representatives, agents, contractors, and assigns, as a work and construction area for the County Road 92 Project (CR 92 Project) and its construction of one (1) double barrel ten (10) foot wide by three (3) foot high concrete box culvert (culvert) located under County Road 92 and replacement of the CR 92 roadway disturbed by construction of the culvert. This conveyance is exempt from Florida State tax on deeds (FSA 201.02) per FAC 12B-4.014(10) 0 16 A 15 The Right of Entry shall include an irrevocable and assignable right to enter upon the lands hereinafter described at any time from the date of execution of this instrument, in order for SFWMD or its representatives, agents, or delegees to survey, make test borings, and carry out such other exploratory work as may be necessary to complete the investigation being made of said lands by the Government. This Right of Entry includes the right of ingress and egress on lands of the Collier County located within the limits of the CR 92 Project, provided such ingress and egress is necessary and not otherwise conveniently available to the SFWMD. All tools, equipment, and other property taken upon or placed upon the land by the SFWMD shall remain the property of the SFWMD and may be removed by the SFWMD at any time within the period of this right of entry and a reasonable period after the expiration of this Right of Entry. The Easement and Right of Entry shall include the right to borrow and/or deposit fill material thereon, and move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Picayune Strand Restoration Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to Collier County, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public utilities, railroads and pipelines. Notwithstanding the aforegoing, the SFWMD, its contractors and the U.S. Army Corps of Engineers shall at all times comply with Maintenance of Traffic requirements in accordance with the current editions of the Florida Department of Transportation Design Standards (102-600 Series), the Standard for Road and Bridge Construction and the Manual on Uniform Traffic Control Devices (Part VI) as minimum criteria. Traffic control and lane closures (if required) shall be in accordance with Index Nos. 600 through 630. The Road Alert Form attached hereto as Exhibit "A-2" shall be completed and returned to the email addresses listed at the top of the form a minimum of five business days prior to any lane closures. THE ACQUIRING AGENCY IS THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT It is contemplated that SFWMD will utilize contractors, subcontractors, SFWMD's employees, and other governmental entities, including but not limited to the United States Army Corps of Engineers as well as its contractors, subcontractors and employees, in connection with SFWMD's exercise of the interests, rights, privileges, and powers conveyed and granted to SFWMD hereunder. This Easement and Right of Entry may be assigned in whole or in part by the SFWMD to the United States Army Corps of Engineers, its representatives, agents, and contractors for use in connection with any of the purposes above mentioned. All the covenants, terms, and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, assigns, and grantees of their respective interests in the Easement and Right of Entry. Collier County hereby covenants with the said SFWMD that it holds sufficient interest in the subject property and has good right and lawful authority to convey this Easement and Right of Entry. 16A15 IN WITNESS WHEREOF, Burt L. Saunders, Chairman of the Collier County Board of County Commissioners, Collier County, has hereunto set their hand and seal on the day and year first above written. In compliance with the conditions set forth in this Easement, the SFWMD, by the acceptance of this Easement, accepts the real estate rights over the lands described and agrees for itself, its successors and assigns to abide by the conditions set forth in this Easement. Signed, sealed and delivered in the presence of Collier County ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller Deputy Cler , i �1aAt 11 S �ature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Burt L. Saunders, Chairman SIGNATURES CONTINUE ON THE FOLLOWING PAGE ATTEST CRYSTAL K. EL, CLERK BY: Approved as to form and legality A,; , tant County All cy South Florida Water Management District Signature,/a�k-az`�J Name: Candida Heater Title: Division Director, .Administrative Services Date:'J` 23, 2020 STATE OF FLORIDA COUNTY OF PALM BEACH this 16A15 Witness: n, M� Name: ,iA .. Date: C 3 `a te Witnes Name: �i $ 5 C Date: The foregoing instrumen was acknowledged before me, by means of physical presence, 'Z'D day of , 2020 by &j y,l ,- dot (Name), (Title) of#e South Florida Water Management District, who is personally known to me. NotWublic Notary's Printed Name My Commission Expires: [(2I71 CANDY L. MCCULLOCH ' Notary Public - State of Florida ` Commission Y GG 112535 s`��Y My Comm. Expires 5ep 12, 2021 1 6A15 Temporary Work Area Easement Over A Portion of the County Road 92 Rights -Of -Way Tract No. Parcel ID No. Various Folio No. Various State of Florida, Acres: Exhibit "A-1" Legal Description A portion of those lands within the right of way of County Road 92 and depicted on the Florida Department of Transportation map Section No 03006-250-102 and being in Sections 27, 28, and 33, Township 51 South, Range 27 East in Collier County, Florida and being more particularly described as follows: Commence at the Southwest corner of Section 27, Township 51 South, Range 27 East; thence North 03 degrees 05 minutes 06 seconds West along the Westerly line of said Section 27, 307.72 feet to a point within the right of way of County Road 92 (150.00 foot width right of way) and the Point of Beginning; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1579.85 feet; thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92; thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line, 60.00 feet; thence departing said Southerly right of way line North 11 degrees 29 minutes 01 seconds West, 20.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 2149.19 feet; thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92; thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line, 225.47 feet; thence departing said Southerly right of way line North 48 degrees 15 minutes 16 seconds West, 255.47 feet to a point situate on the Northerly right of way line of County Road 92; thence departing said Northerly right of way line South 19 degrees 44 minutes 42 seconds West, 139.91 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 2149.19 feet; thence North 11 degrees 29 minutes 01 seconds west, 65.00 feet to an intersection with the Northerly right of way line of said County Road 92; thence South 78 degrees 30 minutes 59 seconds West along said Northerly right of way line, 60.00 feet; thence departing said Northerly right of way line South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 3500.00 feet; thence South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1920.15 feet and the Point of Beginning. Containing 9.24 acres, more or less. 16A15 Collier County Growth Management Department Exhibit "A-2" Lane Closure Notification Form for Road Alert or Road Alert Update ROAD ALERTS and ROAD ALERT UPDATES are prepared by the Collier County Growth Management Depatment to inform the community about scheduled road construction and road maintenance projects along major roadways in Collier County where lane closures are planned or traffic flow may be affected. Road Alerts are normally prepared weekly on Wednesday for distribution on Thursday afternoon. Road Alert Update information can be submitted as necessary. Return this form by e-mail to: growth. man a ement@coIIiercountyfl. og_v and Desiree Hart at Desiree.Hart@colliercountyfl. og_v and Connie Deane at connie.deanegcolliercountyfl.gov or fax: 239-252-6881. Any questions, phone: 239-252-8192 or 239-252-8365. Name of Company/Contractor/CEI (submitting the form): Contact Name: Mobile and/or Office Phone and e-mail Subcontracting Company (if any): Type of Work a. For Collier County Collier County, contact: b. For Utility such as FPL, TECO c. For Private Company_ Collier County RIGHT-OF-WAY Permit # d. Other County staff member/contact, if any: If a developer, provide developer's name as well as subdivision/new building or whatever the project name is: (Office note: write as Permitted Work) 6.) Street Name OR Intersection of Lane Closure (Be specific: Road, Blvd., Drive, etc.) 7.) Between what TWO roadways: *need to have either the intersecting street names if work is occurring within the intersection OR the road/street names closest to where the boundaries are for the work being performed 8.) Dates of Lane Closure: (Better to overestimate than underestimate) Start date: End date: 9.) Purpose of Lane Closure: 10.) Please check any and/or all that apply: Direction of work: eastbound westbound northbound southbound 11.) Which lane(s) closed? Through lane Right turn Left turn _Roadsides a.) NOTE: If you are closing a turn lane can drivers still make the turn from through lane ? b.) Or from other turn lane(s)? 12.) Type of closure (may select more than one but be clear as to what is planned): Intermittent Three lanes to two Two lanes to one Rolling Medians Reduced to Road Closed- Road Closed to All Traffic Detour (if detour, please provide the detour to be posted — may need to submit a diagram or additional sheet Other 13.) Hours of lane closure: 9 - 3 p.m. _ 9-3:30 p.m. 8 p.m. - 6 a.m. (overnight) Other: 14.) Maintenance of Traffic (MOT) — Check ALL that apply. Flagmen Electronic Message Boards Lighted Arrow Boards Rolling truck with signage Advance warning signs Barricades/cones Law enforcement officers: Speed limit change: -from what CURRENT speed to what TEMPORARY speed? G`� 16A15 Exhibit "B" to SFWMD Collier County Agreement Prepared by and return to: Tract Nos.: Picayune Strand Restoration Project Collier County Road 92, Collier County Florida Folio Nos. PERPETUAL FLOWAGE, OCCASIONAL FLOWAGE AND CULVERT EASEMENT DEED STATE OF FLORIDA COUNTY OF COLLIER THIS PERPETUAL FLOWAGE, OCCASIONAL FLOWAGE AND CULVERT EASEMENT DEED, made this the _ day of , A.D. 2020 by COLLIER COUNTY, a political subdivision of the State of Florida, whose address is, 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112, (Collier County) in favor of the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a governmental entity created under Chapter 373, Florida Statutes, whose address is 3301 Gun Club Road, West Palm Beach, FL 33406 (SFWMD). WITNESSETH: That the said Collier County, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, does hereby grant and convey unto the SFWMD, and its successors and its assigns, forever, the following easements: A.) Perpetual Flowage and Occasional Flowage Easements - The perpetual and assignable right, power, privilege and easement permanently to overflow, flood and submerge the portion of This conveyance is exempt from Florida State tax on deeds (FSA 201.02) per FAC 12B-4.014(10) 16A15 the land described in Exhibit "B-1" that is lying below elevation 1.70 feet NAVD (North American Vertical Datum) and occasionally to overflow, flood and submerge the portion of the land described in Exhibit "13-1" that is lying above elevation 1.70 feet NAVD and below 3.0 feet NAVD, (and to maintain mosquito control) in connection with the operation and maintenance of the project as authorized by the Act of Congress approved under Section 1001(15) of the Water Resources Development Act of 2007, Public Law 110-114 authorizes the Picayune Strand Restoration Project (PSRP), including the Southwest Protection Features (SWPF) County Road 92 Project (CR 92 Project), as part of the Comprehensive Everglades Restoration Plan (CERP), and the continuing right to clear and remove and brush, debris and natural obstructions which, in the opinion of the representative of the United States in charge of the project, may be detrimental to the project, together with all right, title and interest in and to the timber, structures and improvements situated on the land; provided that no structures for human habitation shall be constructed or maintained on the land, that, other than the Culvert Improvements described in Section B. below, no other structures shall be constructed or maintained on the land except as may be approved in writing by the representative of the United States in charge of the project, and that no excavation shall be conducted and no landfill placed on the land without such approval as to the location and method of excavation and/or placement of landfill; the above estate is taken subject to existing easements for public utilities, railroads and pipelines; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used and enjoyed without interfering with the use of the PSRP for the purposes authorized by Congress or abridging the rights and easement hereby acquired; provided further that any use of the land shall be subject to Federal and State laws with respect to pollution in connection with the operation and maintenance of the Picayune Strand Restoration Project; reserving, however, to Collier County, and its assigns, all such rights and privileges as may be used and enjoyed without interfering with the operation and maintenance of the PSRP Project or interfering with or abridging the rights and easement hereby acquired. B.) Culvert Easement — A perpetual and assignable easement and right-of-way in, on, over and across the land described in Exhibit "13-1" for the location, construction, operation, maintenance, alteration, repair and patrol of an underground culvert and culvert improvements (collectively, the "Culvert Improvements"); together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to Collier County and its assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public utilities, railroads and pipelines. The lands described in Exhibit B-1 may be referred herein as the "Easement Parcel". THE ACQUIRING AGENCY IS THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. It is contemplated that SFWMD will utilize contractors, subcontractors, SFWMD's employees, and other governmental entities, including but not limited to the United States Army Corps of Engineers as well as its contractors, subcontractors and employees, in connection with SFWMD's exercise of the interests, rights, privileges, and powers conveyed and granted to SFWMD hereunder. These Easements may be assigned in whole or in part by the SFWMD to the United States Army Corps of Engineers, its representatives, agents, contractors, and assigns, for use in connection with any of the purposes above mentioned. All the covenants, terms, and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties 16A15 hereto and their respective executors, administrators, personal representatives, heirs, successors, assigns, and grantees of their respective interests in the Easement Parcel. TOGETHER with all and singular, the tenements, hereditaments, and appurtenances thereunto appertaining; and every right, title or interest, legal or equitable, of the said Collier County, of, in and to the same; and Collier County does hereby quitclaim all right, title and interest which Collier County may have in the banks, beds, and waters of any waters bordering the aforesaid lands and also all interest in any alleys, roads, streets, ways, strips, gores, or railroads rights -of -way abutting or adjoining said lands, and any means of ingress and egress appurtenant thereto. Collier County hereby covenants with the said SFWMD that it holds sufficient interest in the subject property and has good right and lawful authority to convey these Easements. IN WITNESS WHEREOF, Collier County, has hereunto set its hand and seal on the day and year first above written. In compliance with the conditions set forth herein, the SFWMD, by the acceptance of these Easements, accepts the real estate rights over the lands described and agrees for itself, its successors and assigns to abide by the conditions set forth herein. -Signatures on the Following Page- Signed, sealed and delivered in the presence of Collier County ATTEST: CRYSTAIi K-. Kit ;4ZL, Clerk of the Circuit. -Court;:& •Co*p 011er t�eputy C,lerl.y Yttsst.asi� Cl"mnan'S ATTEST CRYSTAL K. KINZEL, CLERK B . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chairman Approved as to form and legality scant Ant torney I 6A15 1 6A15 Perpetual Flowage Easement and Culvert Easement Over A Portion of the County Road 92 Rights -Of -Way Tract No. Parcel ID No. Various Folio No. Various State of Florida, Acres: Exhibit "13-1" Legal Description A portion of those lands within the right of way of County Road 92 and depicted on the Florida Department of Transportation map Section No 03006-250-102 and being in Section 27, Township 51 South, Range 27 East in Collier County, Florida and being more particularly described as follows: Commence at the Southwest corner of Section 27, Township 51 South, Range 27 East; thence North 03 degrees 05 minutes 06 seconds West along the Westerly line of said Section 27, 287.50 feet to an intersection with the Southerly right of way line of County Road 92 (150.00 foot width right of way); thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way of County Road 92, 1582.80 feet to the Point of Beginning; thence continue North 78 degrees 30 minutes 59 seconds East along said Southerly right of way of County Road 92, 60.00 feet; thence departing said Southerly right of way line of State Road 92 North 11 degrees 29 minutes 01 seconds West, 150.00 feet to a point situate on the Northerly right of way line of said County Road 92; thence South 78 degrees 30 minutes 59 seconds West along said Northerly right of way line, 60.00 feet; thence departing said Northerly right of way line South 11 degrees 29 minutes 01 seconds East, 150.00 feet to the Southerly right of way line of County Road 92 and the Point of Beginning. Containing 0.20 acres, more or less. i 6A15 04062020 Prepared by and return to: • INSTR 5898105 OR 5792 PG 879 RECORDED 7/24/2020 11 A9 AM PAGES 6 CLERK OF THE CIRCUIT COURT AND COMPTROLLER • COLLIER COUNTY FLORIDA • REC $52.50 Tract Nos.: Picayune Strand Restoration Project Collier County Road 92, Collier County Florida Folio Nos. TEMPORARY WORK AREA EASEMENT STATE OF FLORIDA COUNTY OF COLLIER THIS INDENTURE, made this the�day of uY1e, A.D. 2020 by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112, (Collier County) and by and through the THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a governmental entity created under Chapter 373, Florida Statutes, whose address is 3301 Gun Club Road, West Palm Beach, FL 33406 (SFWMD). WITNESSETH: That the said Collier County, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, does hereby grant and convey unto the SFWMD, and its successors and its assigns, the following easements: An assignable right of entry and temporary easement and rights -of -way in, on, over and across the land described in Exhibit "A-1" for a period not to exceed thirty six (36) months, beginning with date possession of the land is granted to the SFWMD, for use by the SFWMD, its representatives, agents, contractors, and assigns, as a work and construction area for the County Road 92 Project (CR 92 Project) and its construction of one (1) double barrel ten (10) foot wide by three (3) foot high concrete box culvert (culvert) located under County Road 92 and replacement of the CR 92 roadway disturbed by construction of the culvert. This conveyance is exempt from Florida State tax on deeds (FSA 201.02) per FAC 1213-4.014(10) 1bA15 The Right of Entry shall include an irrevocable and assignable right to enter upon the lands hereinafter described at any time from the date of execution of this instrument, in order for SFWMD or its representatives, agents, or delegees to survey, make test borings, and carry out such other exploratory work as may be necessary to complete the investigation being made of said lands by the Government. This Right of Entry includes the right of ingress and egress on lands of the Collier County located within the limits of the CR 92 Project, provided such ingress and egress is necessary and not otherwise conveniently available to the SFWMD. All tools, equipment, and other property taken upon or placed upon the land by the SFWMD shall remain the property of the SFWMD and may be removed by the SFWMD at any time within the period of this right of entry and a reasonable period after the expiration of this Right of Entry. The Easement and Right of Entry shall include the right to borrow and/or deposit fill material thereon, and move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Picayune Strand Restoration Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to Collier County, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public utilities, railroads and pipelines. Notwithstanding the aforegoing, the SFWMD, its contractors and the U.S. Army Corps of Engineers shall at all times comply with Maintenance of Traffic requirements in accordance with the current editions of the Florida Department of Transportation Design Standards (102-600 Series), the Standard for Road and Bridge Construction and the Manual on Uniform Traffic Control Devices (Part VI) as minimum criteria. Traffic control and lane closures (if required) shall be in accordance with Index Nos. 600 through 630. The Road Alert Form attached hereto as Exhibit "A-2" shall be completed and returned to the email addresses listed at the top of the form a minimum of five business days prior to any lane closures. THE ACQUIRING AGENCY IS THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT It is contemplated that SFWMD will utilize contractors, subcontractors, SFWMD's employees, and other governmental entities, including but not limited to the United States Army Corps of Engineers as well as its contractors, subcontractors and employees, in connection with SFWMD's exercise of the interests, rights, privileges, and powers conveyed and granted to SFWMD hereunder. This Easement and Right of Entry may be assigned in whole or in part by the SFWMD to the United States Army Corps of Engineers, its representatives, agents, and contractors for use in connection with any of the purposes above mentioned. All the covenants, terms, and agreements herein contained shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, assigns, and grantees of their respective interests in the Easement and Right of Entry. Collier County hereby covenants with the said SFWMD that it holds sufficient interest in the subject property and has good right and lawful authority to convey this Easement and Right of Entry. 1 6A15 IN WITNESS WHEREOF, Burt L. Saunders, Chairman of the Collier County Board of County Commissioners, Collier County, has hereunto set their hand and seal on the day and year first above written. In compliance with the conditions set forth in this Easement, the SFWMD, by the acceptance of this Easement, accepts the real estate rights over the lands described and agrees for itself, its successors and assigns to abide by the conditions set forth in this Easement. Signed, sealed and delivered in the presence of Collier County F-AV11111111= CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller epgi* t: ' A `too Chairman's i V SJ§gpte only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Ci�w00-- urt L. Saunders, Chairman SIGNATURES CONTINUE ON THE FOLLOWING PAGE ', i ,)4 AT T)ST -.. TAL K. KINZEL, CLERK �,/ �R Approved as to form and legality istant County tyrney 16A15 South Florida Water Management District SignatureL)C�dZl_ 74ea�;� Name: Canduia Heater Title: `Division Director, -Administrative Services Date: June 23, 2020 STATE OF FLORIDA COUNTY OF PALM BEACH this Witness:- Name - Date: Witness: Name: L/ Date -.— The foregoing instrument was acknowledged before me, by means of physical presence, day of 2020 by (Name), (Title) oft South Florida Water Management District, who is personally known to me. My Commission Expires: C1 f Z Z No(t Public Notary's PrintetJ Name vop CANDY L.M000LLOCH Notary Public -State of Florida Commissbn 11 GG 112535 '. My Comm. Expires Sep12,2021 I6A15 Temporary Work Area Easement Over A Portion of the County Road 92 Rights -Of -Way Tract No. Parcel ID No. Various Folio No. Various State of Florida, Acres: Exhibit "A-1" Legal Description A portion of those lands within the right of way of County Road 92 and depicted on the Florida Department of Transportation map Section No 03006-250-102 and being in Sections 27, 28, and 33, Township 51 South, Range 27 East in Collier County, Florida and being more particularly described as follows: Commence at the Southwest corner of Section 27, Township 51 South, Range 27 East; thence North 03 degrees 05 minutes 06 seconds West along the Westerly line of said Section 27, 307.72 feet to a point within the right of way of County Road 92 (150.00 foot width right of way) and the Point of Beginning; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1579.85 feet; thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92; thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line, 60.00 feet; thence departing said Southerly right of way line North 11 degrees 29 minutes 01 seconds West, 20.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 2149.19 feet; thence South 11 degrees 29 minutes 01 seconds East, 20.00 feet to an intersection with the Southerly right of way line of said County Road 92; thence North 78 degrees 30 minutes 59 seconds East along said Southerly right of way line, 225.47 feet; thence departing said Southerly right of way line North 48 degrees 15 minutes 16 seconds West, 255.47 feet to a point situate on the Northerly right of way line of County Road 92; thence departing said Northerly right of way line South 19 degrees 44 minutes 42 seconds West, 139.91 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 2149.19 feet; thence North 11 degrees 29 minutes 01 seconds west, 65.00 feet to an intersection with the Northerly right of way line of said County Road 92; thence South 78 degrees 30 minutes 59 seconds West along said Northerly right of way line, 60.00 feet; thence departing said Northerly right of way line South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line South 78 degrees 30 minutes 59 seconds West, 3500.00 feet; thence South 11 degrees 29 minutes 01 seconds East, 65.00 feet; thence parallel to said right of way line North 78 degrees 30 minutes 59 seconds East, 1920.15 feet and the Point of Beginning. Containing 9.24 acres, more or less. 16 Collier County Growth Management Department Exhibit "A-2" Lane Closure Notification Form for Road Alert or Road Alert Update ROAD ALERTS and ROAD ALERT UPDATES are prepared by the Collier Counts' Growth Management Depatment to inform the community about scheduled road construction and road maintenance projects along mayor roadways in Collier County where lane closures are planned or traffic flow may be affected Road Alerts are normally prepared weekly on Wednesday for distribution on Thursday afternoon. Road Alert Update information can be submitted as necessary. Return this form by e-mail to: growth. management ,colIiercountyfl.gov and Desiree Hart at Desiree.Hart(&colliercountyfl.gov and Connie Deane at connie.deane(t-bcolliereountyfl.gov or fax: 239-252-6881. Any questions, phone: 239-252-8192 or 239-252-8365. Name of Company/Contractor/CEI (submitting the form): Contact Name: Mobile and/or Office Phone and e-mail Subcontracting Company (if any): Tyne of Work a. For Collier County Collier County, contact: b. For Utility such as FPL. TECO c. For Private Company_ Collier County RIGHT-OF-WAY Permit it d. Other County staff member/contact, if any: If a developer, provide developer's name as well as subdivision/new building or whatever the project name is: (Office note: write as Permitted Work) 6.) Street Name OR Intersection of Lane Closure (Be specific: Road, Blvd., Drive, etc.) 7.) Between what TWO roadways: *need to have either the intersecting street names if work is occurring within the intersection OR the road/street names closest to where the boundaries are for the work being performed 8.) Dates of Lane Closure: (Better to overestimate than underestimate) Start date: End date: 9.) Purpose of Lane Closure: 10.) Please check any and/or all that apply: Direction of work: eastbound westbound northbound southbound Medians 11.) Which lane(s) closed? Through lane _ Right turn _ Left turn _Roadsides a.) NOTE: If}you are closing a turn lane can drivers still make the turn from through lane ? b.) Or from other turn lane(s)? 12.) Tune of closure (mat' select more than one but be clear as to what is planned): Intermittent Three lanes to h�-o Two lanes to one Rolling _ Reduced to Road Closed- Road Closed to All Traffic Detour (if detour, please provide the detour to be posted — may need to submit a diagram or additional sheet Other 13.) Hours of lane closure: 9 - 3 p.m. _ 9-3:30 p.m. _ 8 p.m. - 6 a.m. (overnight) Other: 14.) Maintenance of Traffic (MOT) — Check ALL that apply. Flagmen Electronic Message Boards Lighted Arrow Boards Rolling truck with signage Advance warning signs Barricades/cones Law enforcement officers: Speed limit change: -from what CURRENT speed to what TEMPORARY speed? Cy�