Resolution 2021-126 EXHIBIT"B"
RESOLUTION NO. 2021 -1 26
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO
EXECUTE A TRANSPORTATION POST PROJECT MAINTENANCE
AGREEMENT ("AGREEMENT") BETWEEN FLORIDA DEPARTMENT OF
TRANSPORTATION ("DEPARTMENT") AND COLLIER COUNTY ("LOCAL
AGENCY").
WHEREAS, as part of the original Interstate 75 (I-75) construction, the DEPARTMENT realigned
Canal B-2 under Financial Project# 200732-1-52-01 away from the Golden Gate Parkway Interchange to
provide a more cost-effective crossing and obtained fee ownership of the canal paralleling 1-75; and
WHEREAS, the LOCAL AGENCY has requested to maintain said DEPARTMENT owned 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 a written agreement from the LOCAL
AGENCY to maintain the canal within the DEPARTMENT's right of way; and
WHEREAS, as required the Board wishes to approve and authorize its Chairman to
execute the Agreement.
NOW,THEREFORE,BE IT RESOLVED by the Board:
Section 1. The Board hereby authorizes its Chairman to execute the Agreement.
Section 2. The Clerk of Courts is hereby directed to send a copy of this Resolution to the
Department of Transportation along with the executed Agreement.
PASSED AND DULYADO ED by the Board of County Commissioners of Collier County,
Florida, on this the a of -� 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYS TA:40"c JERK COLLIER COUNTY,FLORIDA
43,1i
b YYY
By. 'l 6. LZ ' UA OC _ By•
•>,iteSt ate'(; �' ,�� �'€� Clerk.
Penny Taylo , Chairperson
signature only
Approved as to form and legality:
By Jenm r A. Belpedio
Assistant County Attorney ry N
pa' C
r'y
FPID#200732-1-52-01
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 the Canal under Financial Project # 200732-1-52-01 away from the Golden Gate
Parkway Interchange to provide a more cost-effective crossing and obtained fee ownership of
the canal paralleling 1-75 ; and
2. WHEREAS, the LOCAL AGENCY has requested to maintain said DEPARTMENT owned Canal
within the 1-75 right-of-way as shown in Exhibit A, attached and incorporated by reference,
(hereinafter, the Canal Maintenance Area) 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 -1 26 , dated ,Tune 22, 2n21a
copy of which is attached hereto and made a part hereof as Exhibit B, 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 LOCAL 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 LOCAL AGENCY to be sued by third parties in any manner arising out of this
agreement. The LOCAL 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.
FPID#200732-1-52-01
MAINTENANCE AGREEMENT: Collier County
Page 2 of 3
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
• The DEPARTMENT will be responsible, at its cost, for the maintenance of the fence,
gates, mowing and litter removal up to the Canal top of bank, in the Canal
Maintenance Area delineated in Exhibit A.
• The LOCAL AGENCY will be responsible, at its costs, for the maintenance of the
Canal within the limits shown in Exhibit A, including mowing of the front slopes,
dredging and debris removal.
• The LOCAL AGENCY will be granted three (3) points of access to the eastern limits
of the Canal Maintenance Area via 15-foot paths from the Westbound to
Northbound 1-75 On Ramp, Eastbound to Northbound 1-75 On Ramp and the 1-75
Northbound Off Ramp as shown in Exhibit A.
*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.
FPID#200732-1-52-01
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 & Comptroller
By: crti4V
PUTY CLERK PENNY TAYLQ CHAIR ON
Sl j aqi ?.0nE+i_
Approved as to form and legality:
'a�
Jennifer A. Belped44)Z\\
p\
Assistant County Attor y
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY: BY:
DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME PRINT NAME
TITLE DATE TITLE DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
...3?�';, ; SECTIONS 29 & 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
'MAINTENANCE AGREEMENT EXHIBIT A"
SHEET 1 OF 1
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MAINTENANCE
AGREEMENT AREAA
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FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT EXHIBIT
— -- -"-- --- --- STATE ROAD NO. 93 (1-75) COLLIER COUNTY
PREPARED BY: DATA SOURCE:
I BY DATE FLORIDA DEPARTMENT OF TRANSPORTATION F.D.O.T.RIGHT OF WAY MAP
A00 CROSSHATCHING 6 NOTES JAR 02.2 4-2G21
DRAWN JAR 02-16-2021 03175 2430 FPID 2007321_
REVISION RE DATE CHECKED MDM oz-l6-zozl F.P. NO. 2007321 SECTION 03175-2404 SHEET 1 OF 1