Resolution 2021-003 EXHIBIT"C"
RESOLUTION NO.2021 - 0 3
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AUTHORIZING ITS
CHAIRMAN TO EXECUTE A TRANSPORTION POST PROJECT
MAINTENANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND COLLIER COUNTY.
WHEREAS, as part of the original Interstate 75 (1-75) construction, the Florida Department of
Transportation ("Department") realigned Canal B-2 under Financial Project #200720-1-52-01 away from
the Pine Ridge Road Interchange to provide a more cost-effective crossing and obtained fee ownership of
the canal paralleling 1-75;and
WHEREAS, Collier County, as the Local Agency, has requested to maintain this canal B-2 within
the 1-75 right-of-way to provide an improved level of vegetation and canal maintenance:and
WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from the Local Agency to
maintain the canal within the Department's right of way: and
WHEREAS, the Board wishes to approve and authorize its Chairman to execute a
Transportation Post Project Management Agreement between the Florida Department of Transportation
and Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the Board hereby authorizes its Chairman to execute a
Transportation Post Project Management Agreement between the Florida Department of Transportation
and Collier County; and
BE IT FURTHER RESOLVED that Clerk of Courts is hereby directed to send a copy of this
Resolution to the Department of Transportation along with the executed Transportation Post Project
Management Agreement between Florida Department of Transportation and Collier County.
THIS RESOLUTION ADOPTED b y m1 o r i t y vote of the Board of County
Commissioners •dreeollier County,Florida, on this the 0" " day of ,2024.
ATTEST: BOARD OF COUNTY COMMISSION ERS OF
CRYSTAL K. KINZ;~L,Clerk COLLIERC UNTY,FLORIDA
&NNW'
By:
Attest as to Chdi �t�Clerk Penny Taylor, Chairperson
siana ire only
/ -
Appr.;;;141 1 .nd legality: INSTR 5989846 OR 5880 PG 3995
IiRECORDED 1/25/2021 3:09 PM PAGES 11
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
JeffreyA Klatz • , CountyAttorneyCOLLIER COUNTY FLORIDA
REC$95.00
DocuSign Envelope ID: 16316762-429D-4528-B3AE-FB82553ECE57
FPID#200720-1-52-01
MAINTENANCE AGREEMENT:Collier County
Page 1 of 3
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter, the "DEPARTMENT") and COLLIER COUNTY (hereinafter,
"LOCAL AGENCY") for the maintenance of transportation enhancements described below.*
WITNESSETH
1. WHEREAS, as part of the original Interstate 75 (1-75) construction, the DEPARTMENT
realigned Canal B-2 under Financial Project#200720-1-52-01 away from the Pine Ridge Road
Interchange to provide a more cost-effective crossing and obtained fee ownership of the canal
paralleling 1-75 as shown in Exhibits A and B, attached and incorporated by reference; and
2. WHEREAS, the LOCAL AGENCY has requested to maintain said DEPARTMENT owned Canal
B-2 within the 1-75 right-of-way as shown in Exhibits A and B (attached and incorporated by
reference)to provide an improved level of vegetation and canal maintenance; and
3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from the
LOCAL AGENCY to maintain the canal within the DEPARTMENT's right of way; and
4. WHEREAS, the LOCAL AGENCY by Resolution No. 2021-03 , dated 01 /12/21 , a
copy of which is attached hereto and made a part hereof as Exhibit C, has consented to and
approved this Agreement and has authorized its Chairperson or designee to execute this
Agreement.
5. WHEREAS, to the extent permitted by law, LOCAL AGENCY shall indemnify, defend and hold
harmless DEPARTMENT against any actions, claims, or damages arising out of, relating to, or
resulting from negligent or wrongful act(s) of LOCAL AGENCY, or any of its officers, agents or
employees, acting within the scope of their office or employment, in connection with the
obligations and rights granted to or exercised by LCOAL AGENCY hereunder, to the extent and
within the limitations of Section 768.28, Florida Statutes.The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by LOCAL AGENCY to
indemnify DEPARTMENT for the negligent acts or omissions of DEPARTMENT, its officers,
agents or employees, or for the acts of third parties. Nothing herein shall be construed as
consent by LCOAL AGENCY to be sued by third parties in any manner arising out of this
agreement. The LCOAL AGENCY shall also require all contractors and subcontractors who
conduct operations within the Project to indemnify and hold DEPARTMENT harmless against
any actions,claims,or damages arising out of, relating to,or resulting from negligent or wrongful
act(s) of said Contractor or Subcontractor or any of their officers, agents or employees, acting
within the scope of their office or employment. The indemnities assumed by the LOCAL
AGENCY shall survive termination of this agreement. This indemnification clause will not apply
and will be considered null and void during any time period the Agreement is assigned to the
South Florida Water Management District.
DocuSign Envelope ID: 16316762-429D-4528-B3AE-FB82553ECE57
-
FPID#200746-1-52-01
MAINTENANCE AGREEMENT:Collier County
Page 2 of 3
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
• The LOCAL AGENCY will be responsible, at its costs,for the maintenance of Canal
B-2 within the limits shown in Exhibits A and B, including all above ground
maintenance together with routine mowing, dredging and debris removal in
accordance with South Florida Water Management District canal maintenance
standards.
• The LOCAL AGENCY may assign this AGREEMENT to the South Florida Water
Management District, with the understanding that the DEPARTMENT will hold the
LOCAL AGENCY responsible for the terms of this AGREEMENT. If assigned, the
LOCAL AGENCY shall provide a copy of said assignment to the DEPARTMENT.
*This document incorporates and Includes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein and the parties agree that there are no commitments,agreements
or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly,it is
agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral
or written.This Agreement shall be governed, Interpreted and construed according to the laws of the State of Florida.
•
DocuSign Envelope ID: 16316762-429D-4528-B3AE-FB82553ECE57
FPID#200706-1-52-01
MAINTENANCE AGREEMENT: Collier County
Page 3 of 3
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be
executed in its behalf through its Chairperson or designee, and THE FLORIDA
DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its
behalf through its District Secretary for District One, as indicated below. This Agreement shall
become effective on the date of this Agreement.
COLLIER COUNTY, FLORIDA
ATTEST
BOARD OF COUNTY COMMISSIONERS
CRYSTAL K, KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Court & Co ptroller
(N2jkAAAir,,., V,
.DEPUTY CLERK Penny Taylor, Cli erson
Aff6sf as•Chan tan's
.iignature only, -
Approved s o a ity:
.
`ST E OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST DocuSigned by:
6 q
BY: Y� ,%r d=A
Tfi D DON.E SECRETARY
OR DESIGNEE
Sharon Harris
PRINT NAME PRINT NAME
District Maintenance Admi ni str3alt2dr/2021 I 4:09 PM EST
TITLE DATE TITLE DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
—DocuSigned by:
B4c.., Ce"4"j.
937D1D5420A84D9...
DocuSign Envelope ID: 16316762-429D-4528-B3AE-FB82553ECE57
•
Exhibit A
Page 1 of 3
F.P.NO.WA
SECTION 03175-2408
PARCEL 121 (Part) known as Canal B-2 (Northeast)
Maintenance Agreement
• A parcel of land in Section 8,Township 49 South,Range 28 East,Collier County,
Florida.
Being more particularly described as follows:
Commence at the southwest corner of said Section 8;thence along the south line of
• said Section 8 North 89°34'24°East a distance of 912.72 feet;thence North 00°25'38°
West a distance of 85.57 to the easterly existing Limited Access right of way line of
State Road 93(1-75)and the southeast corner of Canal B-2(per Section 03176-2408)
for a POINT OF BEGINNING;thence along said easterly existing Limited Access right
of way line the follow seven(7)courses:1)North 88°38'45"West a distance of 256.51;
2)thence North 89°51'40"West a distance of 193.88 feet;3)thence North 38°21'30°
West a distance of 193.88 feet;4)thence North 19°36'28°West a distance of 133.59
feet;5)thence North 14°38'25°West a distance of 894.34 feet to the beginning of a
curve having a radius of 2770.79 feet;8)thence along the arc of said curve to the right
a distance of 522.71 feet through a central angle of 10°48'32"to the end of said curve;
7)thence North 00°13'0T East a distance of 529.65 feet to the end of said courses;
thence North 89°20'13'East a distance of 119.82 feet;thence South 01°48'32"East a
distance of 430.85 feet to a curve having a radius of 2247.79 feat;thence along the arc
of said curve to the left a distance of 514.90 feet through a central angle of 13°07'30°to
the end of said curve;thence South 14°58'02°East a distance of 831.42 to the
beginning of a curve having a radius of 1085.92 feet;thence along the arc of saki curve
to the left a distance of 318.42 through a central angle of 17°06'58"to the end of said
curve and the beginning of a curve having a radius of 109.82 feet;thence along the arc
of said curve to the left a distance of 94.41 feet through a central angle of 49°15'18"to
the end of said curve;thence South 81°18'15"East a distance of 103.44 feet to the
beginning of a curve having a radius of 210.00 feet;thence along the arc of said curve
to the right a distance of 288.54 feet through a central angle of 72°43'24"to the end of
said curve and the POINT of BEGINNING
Containing 8.738 acres,more or less.
AND
•
121(Part 2)
A portion of State Road 93(1-75)right of way(per Section 03175-2408)located in
Section 8,Township 49 South,Range 26 East,Collier County,Florida.
Being more particularly described as follows:
EXHIBIT"A"
Page 1 of 3
DocuSign Envelope ID: 16316762-429D-4528-B3AE-FB82553ECE57
Exhibit A
Page 2 of 3
BEGIN at said southeast corner of Canal B-2(per Section 03175-2408)and the easterly
existing Limited Access right of way;thence South 00°25'38"East a distance of 53.63
feet;thence South 89°34'24"West a distance of 151.00 feet;thence North 20°18'58"
West a distance of 89.40 feet to said easterly existing Limited Access right of way line of
said State Road 93;thence along said easterly existing Limited Access right of way line
South 88°38'45"East a distance of 175.00 feet to the POINT OF BEGINNING.
Containing 9,609 square feet,more or less.
•
Legal De rlptiZproved by:
// . 1
•
Michael DI McLean PSM'#6658
Date: D-'8 -- Zan)
NOT VALID UNLESS EMBOSSED
EXHIBIT"A"
Page 2 of 3
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Exhibit B
Page 1 of 3
F.P.NO.PIA
SECTION 03175-2408
PARCELS 105(Part),107(Part),109(Part), 112(Part),140(Part),138(Part),113
(Part) known as Canal B-2(Southeast)
Those parts of Lot 5,Lot 8,Lot 7,Lot 8,Lot 9,Lot 10,and Lot 25 Golden Gate Estates,
Unit 33,a subdivision of all of Section 17 and part of Section 20,Township 49 South,
Range 28 East,according to plat thereof recorded In Plat Book 7,Page 60,Public
Records of Collier County,Florida.
Being more particularly deathbed as follows:
Commence at the northwest corner of said Section 17;thence along the north line of
said Section 17 North 89°34'24"East a distance of 905.15 feet;thence South 00°2538"
East a distance of 218.05 to the east existing Limited Access right of way line of State
Road 93(1-75)and the northeast corner of Canal B-2(per Section 03175-2408)]and the
beginning of a curve having a radius of 198.00 feet for a POINT OF BEGINNING;
thence along the arc of said curve to the tight a distance of 192.74 feet through a
central angle of 56°20'37'with a tangent bearing of South 13°28'25"West to the end of
said curve;thence South 69°49'02"West a distance of 129.19 feet to the beginning of a
curve having a radius of 200.00 feet;thence along the arc of said curve to the left a
distance of 129.38 feet through a central angle of 37°03'57"to the end of said curve and
the beginning of a curve having a radius of 850.00 feet;thence along the arc of said
curve to the left a distance of 188.28 feet through a central angle of 16°35'47"to the end
of said curve;thence South 16°09'18"West a distance of 677.85 feet to the beginning of
a curve having a radius of 2630.79 feet:thence along the arc of said curve to the left a
distance of 588.55 feet through a central angle of 12°49'05'to the end of said curve;
thence South 03°20'12"West a distance of 514.38 feet;thence South 00°40'18"East a
distance of 250.33 feet;thence South 00°39'46"East a distance of 24.49 feet;thence
South 89°31'19"West a distance of 140.00 feet to said east existing Limited Access
right of way line of said State Road 93;thence along said east existing Limited Access
right of way line the follow nine(9)courses:1)North 00°39'46'West a distance of 24.19
feet;2)North 00°40'18"West a distance of 255.06 feet;3)thence North 03°20'12"East
a distance of 519.32 feet to the beginning of a curve having a radius of 2770.79 feet;4)
thence along the arc of said curve to the right a distance of 565.81 feet through a
central angle of 11°42'01"to the end of said curve;5)thence North 15°02'14"East a
distance of 787.31 feet;8)thence North 20°02'11'East a distance of 133.58 feet;7)
thence North 38°50'55'East a distance of 194.38 feet;8)thence North 70°28'15"East a
distance of 194.38 feet;9)thence North 87°16'58"East a distance of 214.33 feet to the
end of said courses and the POINT of BEGINNING.
Containing 8.975 acres,more or less.
AND
EXHIBIT'B"
Page 1 of 3
DocuSign Envelope ID: 16316762-429D-4528-B3AE-FB82553ECE57
Exhibit B
Page 2 of 3
138(Part 2),113(Part 2)
That part of State Road 93(1-75)right of way(per Section 03175-2408)located in
Section 17,Township 49 South,Range 28 East,Collier County,Florida.
Being more particularly described as follows:
BEGIN at said northeast corner of Canal B-2(per Section 03175-2408)and the easterly
existing Limited Access right of way line of said State Road 93;thence along said
easterly existing Limited Access right of way South 87°18'S8"West a distance of 214.33
feet;thence North 50°05'25"East a distance of 99.97 feet thence North 89'3424"East
a distance of 137.00 feet;thence South 00°25'36"East a distance of 55.00 feet to the •
POINT OF BEGINNING
Containing 10,244 square feet,more or less.
Legal Desc n/ proved by:
7/1
Michael D.McLean PSSM'#8658
Date: /0; zO (
NOT VALID UNLESS EMBOSSED
EXHIBIT"B"
Page 2 of 3
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DocuSign Envelope ID: 16316762-429D-4528-B3AE-FB82553ECE57
EXI II131T"C"
RESOLUTION NO.2020- 03
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR COLLIER COUNTY. FLORIDA AUTHORIZING ITS
CHAIRMAN TO EXECUTE A TRANSPORTION POST PROJECT
MAINTENANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND COLLIER COUNTY.
WHEREAS. as part of the original Interstate 75 (I-75) construction. the Florida Department of
Transportation ("Department') realigned Canal E3-2 under Financial Project #200720-I-52-01 away from
the Pine Ridge Road Interchange to provide a more cost-effective crossing and obtained fee ownership of
the canal paralleling 1-75: and
WHEREAS. Collier County. as the Local Agency. has requested to maintain this canal E3-2 within
the 1-75 right-of-way to provide an improved level of vegetation and canal maintenance:and
WHEREAS. in accordance with Fide 23. U.S. Code. Section 116 and Federal Highway
Administration regulations issued pursuant thereto. there must he an agreement from the local Agency to
maintain the canal within the Department's right of way: and
WHEREAS, the Board wishes to approve and authorize its Chairman to execute a
Transportation Post Project Management Agreement between the Florida Department of Transportation
and Collier County.
NOW. THEREFORE. BE IT RESOLVED BY TI lE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA. that the Board hereb), authorizes its Chairman to execute a
Transportation Post Project Management Agreement between the Florida Department of Transportation
and Collier Count: and
BE IT FURTHER RESOLVED that Clerk of Courts is hereby directed to send a copy of this
Resolution to the Department of Transportation along w ith the executed Transportation Post Project
Management Agreement between Florida Department of Transportation and Collier County.
THIS RESOLUTION ADOPTED h m a jorit % site of the Board of Count
Commissioners of Collier County. Florida. on this the 1, da. of.)am)._. 2020.
ATTEST: BOARD OF COUNTY CONIMISSION ERS OF
CRYSTAL K. KINZEL.Clerk COLLIER COUNTY.FLORIDA
cA/gA.GUI•C‘-OAAACt4 ST"-- BY: 41
Angst as to ChalRtift Clerk Penny Taylor,Chairperson
sacra are only
Appr.1 1)�Jand legality: ria ..i..,'_
I, Crystal K.Kauai,Clerk of Courts in and for Collier County
Jeffrey A' Klatz . v. County Attorney do Nearby certify that the above instrument is a true and correct
copy the orleinalAtiM in Collier Courtly
Deputy Clerk
Date.