Backup Documents 02/09/2021 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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#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 County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office /
County Attorney Office (D oZ/a chi I ad?
4. BCC Office Board of County k?5
Commissioners si g-1-a1
L)v4
5. Minutes and Records a/1t a►Cb
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 Jay Malamphy Phone Number 8402
Contact/ Department
Agenda Date Item was February 9,2021 Agenda Item Number 16C1
Approved by the BCC
Type of Document Number of Original
Attached Right-of-Entry Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. �� (Initial)_ Applicable)
1. Does the document require the chairman's original signature? 0 1� ,1 N/A
2. Does the document need to be sent to another agency for additional signatures? If es, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed 610
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 N/A
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
signature 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. N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 9,2021 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the Q
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
16C1
MEMORANDUM
Date: February 24, 2021
To: Jay Malamphy, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Right-of-Entry— Naples Botanical Gardens, Inc.
Attached is one (1) original as referenced above (Item #16C1), approved by the
Board of County Commissioners on Tuesday, February 9, 2021.
The Minutes & Records Department has kept an original document for the Board's
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16C1
PROJECT: Collier Trees
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that Collier County, a political subdivision of the State
of Florida ("County"), whose post office address is 3335 Tamiami Trail E., Suite 101, Naples, FL
34112 hereinafter known as "Grantor", for and in consideration of Ten Dollars ($10.00) and other
valuable consideration to them in hand paid, does hereby grant unto Naples Botanical
Garden, Inc., whose post office address is 4820 Bayshore Drive, Suite D, Naples, FL 34112, its
successors, assigns, agents, and contractors, hereinafter collectively known as "Grantee", the
temporary license and right to enter upon any lands identified by the Grantor in conjunction
with the Agreement between Grantee and the Community Foundation of Collier County
("Collier Trees Project Agreement") which is attached hereto as Exhibit "A" and made a part
hereof. This Right of Entry is granted for the express purpose of providing Grantee temporary
access and use of Grantor's property for the purpose of assessing and planting trees as
described in the Collier Trees Project Agreement.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns, regardless of
the number and gender in which used, shall be deemed to include any other gender or
number as the context or the use thereof may require.)
THE PROPERTY IS NOT GRANTOR'S HOMESTEAD.
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for the later
of a period of one (1) year from the completion of the project, or until the termination of any
contractor's warranties for the trees or installation of the trees.
ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the
reasonable exercise thereof by Grantee. Grantee further agrees that it shall use qualified and
insured contractors to perform installation of the trees.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed in Grantor's
name this — day of SfrijaCU3 , 2021 .
DATED: a-a9 "pt '
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzet, Clerk COLLIER C NTY, FLORIDA
01/4:xxlic&
BY: f� r) a
+4-
mtt•y4 as to chairvalvputy Clerk
signature Only. Penny Taylor, Chairperson
Approved as to form nd legality O
JEN R A. BELP 10 \
Assistant County Attorn \�
AAbC1
Naples l otanical �,,'i L. _ %..
GARDE _
AGREEMENT
between
Naples Botanical Garden and
Community Foundation of Collier County
COLLIER TREES PROJECT
The Community Foundation of Collier County(the Foundation)seeks to invest $450,000 in
planting trees throughout public lands in Collier County. Naples Botanical Garden(the Garden)
is the Grantee and Project Manager for this initiative. COLLIER TREES.
SCOPE OF WORK
In collaboration with leadership staff of Collier County. City of Naples, City of Marco Island,
and Everglades City. Naples Botanical Garden will invest C'FCC's gifi in this way:
• S50,000 allocated to new trees in Everglades City
• S50,000 allocated to new trees in Immokalee
• $50,000 allocated to new trees in the City of Naples in areas that will benefit low-income
residents
• S300,000 allocated to new trees in various locations in Collier County
The project will include these steps:
1. Collier County will identify priority locations where the addition of trees would have the
highest impact, including in Immokalee.
2. Everglades City and the City of Naples will identify priority locations in their
jurisdictions.
3. Recommended sites will be approved by the Community Foundation of Collier County.
4. Naples Botanical Garden will make site visits to each location with County/City staff to
review conditions, needs, irrigation, etc. A written recommendation and landscape
architect's rendering will be prepared for each location.
5. The Garden will grow, source and install the trees. Outside landscaping professionals
may also provide plant materials and work with Garden staff during installation.
Appropriate liability insurance will be secured.
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6. Collier County and:or the municipalities involved will facilitate and pay for any
necessary permits, if required, and will provide Right of Entry for installation.
7. Collier County and/or the municipalities involved will assume care of the plantings after
installation.
8. The Garden will track progress of these locations for research purposes.
DISTRIBUTION OF FUNDS
Upon signing this Agreement, an amount of$100,000 will be paid to the Garden. After that
initial payment. the Garden will invoice the Foundation not more than quarterly for the
remaining balance as the project progresses.
REPORTING
The Garden will provide a quarterly written report on the project, and a final report at the end of
the project.
The Garden will furnish to the Foundation any information concerning a change, or proposed
change. in the (a) the Garden's leeal or tax status. (b)executive or key staff responsible for
achieving the grant purposes,and(c) ability to expend the grant for the intended purpose.
If the Garden's tax-exempt status changes, the Foundation reserves the right to request all
remaining grant funds returned immediately. Any funds not used. or committed for the specific
purpose of the grant. will be returned to the Foundation unless otherwise authorized in writing.
The Garden agrees to give the Foundation reasonable access to the its files and records for the
purpose of making such financial audits, verifications, and investigations as it deems necessary
concerning the grant. and to maintain such files and records for a period of at least four years
after completion or termination of the project.
RECOGNITION
The COLLIER TREES project will be referred to as a project of the Community Foundation of
Collier County. The Garden will not promote the project to the media or in its social media
channels unless requested to do so by the Foundation and w ith the Foundation's approval of
copy and design.
If the Foundation desires, signage recognizing the Foundation will be installed in locations of
plantings.
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/ h I-kr1 i 1
COLLIER TREES
Budget assumptions
As of October 29,2020
Immokalee Everglades Collier County
Naples h
City (multiple sites) Total
Project management $ 6,000 $ 6,000 S 6,000 S 33,000 $ 51,000
Landscape architecture $ 3,000 S 3,000 $ 3,000 $ 35,000 $ 44,000
Trees:seed collection,
propagation,sourcing,supplies, $ 27,000 S 27,000 $ 27.000 $ 172,000 $253,000
nursery staff
Delivery&installation* $ 14,000 $ 14,000 $ 14,000 $ 60,000 $102,000
TOTAL S 50,000 S 50,000 S 50,000 S 300,000 S450,000
'Installation costs will vary depending upon site conditions,difficulty of access,heavy equipment needs,whether outsourced
expertise will be required,and number of trees to be planted.
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COMPLIANCE
The Foundation reserves the right to discontinue, modify or withhold any payments under this
grant award or to require a total or partial refund of any grant funds it; in the Foundation's sole
discretion, such action is necessary: (a) because the Garden has not fully complied with the terms
and conditions of this Agreement; (b)to protect the purpose and objectives of the grant or any
other charitable activities of the Foundation; or(c)to comply with the requirements of any law or
regulation applicable to the Garden. the Foundation, or this grant.
This agreement, any alterations, variations, changes,modifications and/or waivers of this
Agreement shall be valid when they have been reduced to writing, signed by the Garden and the
Foundation, and attached to the original Agreement.
, •4 , /0 () __.3.0,4_.t.)
Eileen Connolly-Keesle- Date
President&CEO
Community Foundation of Collier County
October 29, 2020
Donna McGinnis Date
President&CEO
Naples Botanical Garden
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