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Backup Documents 06/09/2020 Item #16B1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 B 1 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 # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the Countv Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 6/9/20 4. BCC Office Board of County Commissioners / 5. 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 Debrah Forester CRA 239-252-8846 Contact / Department Agenda Date Item was 6/9/20 Agenda Item Number 16131 Approved by the BCC Type of Document Stipulation of Settlement Number of Original 2 Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not armromiate. Initial Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? See JAB attached instructions. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB 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 NA 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 JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAB sip -nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip NA 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`fallahassee within a certain time frame or the BCC's actions are nullified. Be aware oVour deadlines! 8. The document was approved by the BCC on 6/9/20 a all changes made during the have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. 9. Initials of attorney verifying that the attached document is the version approved by dJABmeeting rnfor the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 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 Nicolas Leon, P.E. FDOT 801 N. Broadway Ave Bartow, FL 33830 Mr. Leon, 1601 Enclosed please find two (2) original Stipulation of Settlement (Case No. 20-012) documents approved by the Board of County Commissioners on Tuesday, June 9, 2020. Please fill in the additional signature and return a fully executed original back to my office. I have included a return slip. Please call if any questions, 239-252- 8411. Thank you, CqrOesa Cannon, Sr. Deputy Clerk Board's Minutes & Records 3299 Tamiami Trail E, #401 Naples, FL 34112 Phone- (239) 252-2646 Website- www.CollierClerk.com Fax- (239) 252-2755 Email- CollierClerk@collierclerk.com fedeX coo 1.800.GoFedEx 1,800,463.3339 1 6 v 1 Q7 F _ ggg sdT m y4n EKE m$gm 83Pv g din 3Go I d8n cv a 3 x" m r a A 1 L dam $2 N S 15gl a- �« KH z y " e aa� 03033N HOOOd ON 39VN0Vd 3H1 01 ONIX133V 380338 Ad00 SIHI NIVI38 ONV 11Od cb �� cs- 3x� 02 ru w =a a3 O ru C3 C3 1601 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Haydon Burns Building 605 Suwannee Street Tallahassee, Florida COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, Petitioner, VS. DEPARTMENT OF TRANSPORTATION, Respondent. DOT CASE NO.: 20-012 STIPULATION OF SETTLEMENT Collier County Community Redevelopment Agency ("CRA") and the Florida Department of Transportation ("Department"), together referred to as "Parties," enter into this Stipulation of Settlement ("Stipulation") and agree as follows: WHEREAS, CRA owns a parcel located at 1991 Tamiami Trail East in Naples, Collier County, FL (Property Tax ID 00388440007; the "Parcel"); and WHEREAS, on March 26, 2020, the Department issued CRA a Notice of Intent to Modify Driveway Connection ("Notice") stating that the Department intended to close the existing driveway access connection ("Subject Driveway") on the Parcel to reduce conflict points as part of milling and resurfacing project FPID 438059-1-52-01 ("Project"); and WHEREAS, Access Permit Application Nos. 2018-A-192-054 and 2018-A-192-055 ("Permit Applications"), regarding the Subject Driveway and nearby access, are currently under Department review; and WHEREAS, on April 14, 2020, CRA filed a Request for Administrative Hearing regarding the Notice. This Request was assigned DOT Case No. 20-012; and WHEREAS, the Department and CRA have agreed to amicably resolve the pending matters without the necessity of an administrative hearing in accordance with the terms set forth in this Stipulation. Page 1 of 4 1601 NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: I . The provisions of the foregoing whereas clauses are incorporated in and made a part of this Stipulation. 2. The Department agrees it will not close the Subject Driveway as part of the Project. The Department's intended action regarding the Subject Driveway and an additional driveway, as depicted in Exhibit A, will be determined during its evaluation of the Permit Applications. 3. The Department will close three driveways in the area of the Subject Driveway as part of the Project, as depicted in Exhibit A. 4. By entering into this Stipulation, CRA voluntarily withdraws its Request for an Administrative Hearing initiating DOT Case No. 20-012 and waives its right to appeal any decisions regarding this matter. The Permit Applications are independent of this matter and this paragraph does not impact CRA's right to challenge the Department's decision(s) regarding the Permit Applications under Chapter 120, Florida Statues. 5. The Parties stipulate to, and require entry of, a Final Order in DOT Case No. 20- 012, which fully incorporates this Stipulation of Settlement, 6. CRA, for itself and its attorneys, administrators, heirs, and assigns, unconditionally release and forever discharge the State of Florida and the Department and its Secretary, agents, employees, representatives, insurers, and attorneys from any and all charges, complaints, claims, liabilities, demands, actions, causes of actions, suits, damages, losses, and expenses of any nature, including attorney's fees and costs, whether Known or unknown, whatsoever arising from the Resurfacing Project. 7. Each party shall bear its own costs and attorney fees in this proceeding. Page 2 of 4 8. This Stipulation of Settlement hereby shall be exclusively governed by, interpreted, and construed in accordance with the laws of Florida. 9. Each party acknowledges participation in the negotiation of this Stipulation and agrees that no provision of this Stipulation shall be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured, dictated, or drafted such provision. 10. The parties hereto represent and warrant that the terms of this Stipulation were negotiated at arm's length, and this Stipulation was prepared without fraud, duress, undue influence, or coercion of any kind exerted by any of the parties upon the other, and that the execution and delivery of this Stipulation is the free and voluntary act of each party hereto. IL The terms of this Stipulation and other settlement documents may not be changed, waived, discharged, or terminated orally, but only by an instrument or instruments in writing, signed by the party against which enforcement of the change, waiver, discharge, or termination is asserted. 12. This Stipulation may be signed in two counterparts, each of which is an original and both of which taken together form one single document. Signatures delivered by email in PDF format or facsimile shall be effective. 13. Any failure of any party to insist upon the strict performance of any terms or provisions of this Stipulation shall not be deemed to be a waiver of any of the terms and provisions of this Stipulation. Page 3 of 4 ! 6BI 14. This Stipulation is contingent upon approval of the Secretary of the Department of Transportation by Final Order. Until such Final Order is received, the Dcpa►lment incurs no liability or obligation whatsoever pursuant to this Stipulation. ATTEST: CRYSTAL K. KINZEL, CLERK Date: DEPUTY CLERK -Af►est'as to Chairman's signature only, Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorn FLORIDA DEPARTMENT OF TRANSPORTATION Date: NICOLAS LEON, PROJECT MANAGER COLLIER OUNTY COMMUNITY REDEVE PMENT AVENCY Date: By: DONNA FIALA, CO-CHAIR 0 or \ADZ � 5\ Page 4 of 4 �■ | Q� 0 1681 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Haydon Burns Building 605 Suwannee Street Tallahassee, Florida COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, Petitioner, Vs. DEPARTMENT OF TRANSPORTATION, Respondent. DOT CASE NO.: 20-012 STIPULATION OF SETTLEMENT Collier County Community Redevelopment Agency ("CRA") and the Florida Department of Transportation ("Department"), together referred to as "Parties," enter into this Stipulation of Settlement ("Stipulation") and agree as follows: WHEREAS, CRA owns a parcel located at 1991 Tamiami Trail East in Naples, Collier County, FL (Property Tax ID 00388440007; the "Parcel'); and WHEREAS, on March 26, 2020, the Department issued CRA a Notice of Intent to Modify Driveway Connection ("Notice") stating that the Department intended to close the existing driveway access connection ("Subject Driveway") on the Parcel to reduce conflict points as part of milling and resurfacing project FPID 438059-1-52-01 ("Project"); and WHEREAS, Access Permit Application Nos. 2018-A-192-054 and 2018-A-192-055 ("Permit Applications"), regarding the Subject Driveway and nearby access, are currently under Department review; and WHEREAS, on April 14, 2020, CRA filed a Request for Administrative Hearing regarding the Notice. This Request was assigned DOT Case No. 20-012; and WHEREAS, the Department and CRA have agreed to amicably resolve the pending matters without the necessity of an administrative hearing in accordance with the terms set forth in this Stipulation, Page 1 of 4 0 1681 NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: l . The provisions of the foregoing whereas clauses are incorporated in and made a part of this Stipulation. 2. The Department agrees it will not close the Subject Driveway as part of the Project. The Department's intended action regarding the Subject Driveway and an additional driveway, as depicted in Exhibit A, will be determined during its evaluation of the Permit Applications. 3. The Department will close three driveways in the area of the Subject Driveway as part of the Project, as depicted in Exhibit A. 4. By entering into this Stipulation, CRA voluntarily withdraws its Request for an Administrative Hearing initiating DOT Case No. 20-012 and waives its right to appeal any decisions regarding this matter. The Permit Applications are independent of this matter and this paragraph does not impact CRA's right to challenge the Department's decision(s) regarding the Permit Applications under Chapter 120, Florida Statues, S. The Parties stipulate to, and require entry of, a Final Order in DOT Case No. 20- 012, which fully incorporates this Stipulation of Settlement. 6. CRA, for itself and its attorneys, administrators, heirs, and assigns, unconditionally release and forever discharge the State of Florida and the Department and its Secretary, agents, employees, representatives, insurers, and attorneys from any and all charges, complaints, claims, liabilities, demands, actions, causes of actions, suits, damages, losses, and expenses of any nature, including attorney's fees and costs, whether known or unknown, whatsoever arising from the Resurfacing Project. 7. Each party shall bear its own costs and attorney fees in this proceeding. Page 2 of 4 1601 8. This Stipulation of Settlement hereby shall be exclusively governed by, interpreted, and construed in accordance with the laws of Florida. 9. Each party acknowledges participation in the negotiation of this Stipulation and agrees that no provision of this Stipulation shall be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured, dictated, or drafted such provision. 10. The parties hereto represent and warrant that the terms of this Stipulation were negotiated at arm's length, and this Stipulation was prepared without fraud, duress, undue influence, or coercion of any kind exerted by any of the parties upon the other, and that the execution and delivery of this Stipulation is the free and voluntary act of each party hereto. IL . The terms of this Stipulation and other settlement documents may not be changed, waived, discharged, or terminated orally, but only by an instrument or instruments in writing, signed by the party against which enforcement of the change, waiver, discharge, or termination is asserted. 12. This Stipulation may be signed in two counterparts, each of which is an original and both of which taken together form one single document. Signatures delivered by email in PDF format or facsimile shall be effective. 13. Any failure of any party to insist upon the strict performance of any terms o• provisions of this Stipulation shall not be deemed to be a waiver of any of the terms and provisions of this Stipulation. Page 3 of 4 14. This Stipulation is contingent upon approval of the Secretary of the Department of Transportation by Final Order. Until such Final Order is received, the Department incurs no liability or obligation whatsoever pursuant to this Stipulation. FLORIDA DEPARTMENT OF TRANSPORTATION Date: C%16" , By: NICOLAS LEON, PROJECT MANAGER ATTEST: COLLIER COUNTY COMMUNITY CRYSTAL K. KINZEL, CLERK REDEVELO ENT AGE CY aeoo Date: a°Mt l By: 4 o Cha Ky CLERK „ t iaJsira ollly. Approved as to form and legality: ^ r� Jennifer A. Belpedio Assistant County Attorne DONNA FIALA, CO-CHAIR Page 4 of 4 1601 1 6 0 1 4 xpyz � #§ THE OFFICIAL ._,_ MIS _.,_ ELECrAWIC FiLt OWIFALLY._._ __ _._ "mamww.