Agenda 07/13/2021 Item #16A37 (Cooperation Agreement w/SFWMD)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to sign a cooperation agreement with the
South Florida Water Management District, Florida Forestry Service, and the County to provide for
the implementation of the Picayune Strand Restoration Project, which is a component of the
Comprehensive Everglades Restoration Plan, and to enter into Mutual General Releases respect to
various agreements between the Board and the State with respect to any rights the County may
have, if any, to Public Access within the Picayune Strand.
OBJECTIVE: To allow the State to address all public access and road maintenance within the Picayune
Strand Restoration Project area and to terminate any rights the County may still have, if any, with respect
to Public Access within the Picayune Strand.
CONSIDERATIONS: On September 24, 2003, the Board of County Commissioners (Board) entered
into an agreement with the State of Florida and the South Florida Water Management District (SFWMD),
in which the County vacated several roadways necessary to facilitate the preservation of wetlands in the
Picayune Strand Restoration Project, formerly known as the Southern Golden Gate Estates area. The
agreement identified certain primary roadways that were to be considered, one of which was Stewart
Road. A supplemental agreement between the Board and the SFWMD was established on May 23, 2007,
which acknowledged that the State of Florida Division of Forestry would have the responsibility for road
maintenance and public access of those roadways identified within the original approved agreement. This
supplemental agreement further recommended formalizing the road maintenance and access modification
provisions. Per the Florida Forest Service Policy & Procedure, primary roads are major thoroughfares
across the forest providing traffic access for most two-wheel-drive vehicles, log trucks, campers, and
emergency vehicles in most weather conditions. Although there is a commitment to maintain the
roadway to the post-construction conditions of the Restoration Project, as permitted by the Florida
Department of Environmental Protection, it should be acknowledged that per Florida Statutes and the
Florida Administrative Code, the Division of Forestry has the authority to temporarily close roadways due
to various reasons such as safety, weather conditions, and maintenance.
The Cooperation Agreement provides the Florida Forestry Services continued ongoing management and
maintenance in cooperation with the South Florida Water Management District and addresses public
access and road maintenance within the project. It further delineates the specific roles and responsibilities
of both the South Florida Water Management District as well as the Florida Forestry Service. The
Cooperation Agreement was approved by the Florida Forestry Service and is being presented to the South
Florida Water Management District Governing Board at its July 15, 2021, meeting.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The relevant
provisions of the proposed agreement are as follows:
WHEREAS, the Board of Trustees, the District, and the County entered into an Agreement, effective
October 8, 2003, as amended, and an additional Supplemental Agreement between the County and
District, effective June 14, 2007, (collectively “County Agreements”)
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3.3. The County agrees:
3.3.1. The Service and District shall be responsible for road management and maintenance within the
Project as set forth in this Agreement. The Service shall be responsible for public access within the
Project as set forth in this Agreement.
3.3.2. The obligations of the Service and the District under this agreement fulfill, supersede, and replace
any obligations of the District, the Service, and the Board of Trustees under the County Agreements and
all other agreements with respect to the subject matter of this Agreement, including public access and
road management and maintenance within the Project and other areas referenced in such agreements. The
County further agrees that the District and the Board of Trustees have no other obligation to provide
public access or to manage and maintain roads in the Project and other areas referenced in such
agreements.
3.3.3. The County has no stated or implied right to enforce any obligation under this Agreement.
Enforcement of any obligation under this Agreement is limited exclusively to the Service or the
District, as applicable. (emphasis added)
Briefly stated, in the “County Agreements” referenced above, in exchange for the County deeding County
Roads in the Picayune Strand to the State, the State promised that a number of the primary roads would
remain open to the public for access, and that the State would acquire a suitable area for use as an ATV
Park, as a portion of the Strand had been used by Collier County ATV users for many years. By this item
the County is releasing any and all claims it may have in the “County Agreements,” thus quietly ending a
longstanding issue which, quite frankly, time has made moot. As an aside, although presented as an
“agreement,” the Cooperation Agreement is in reality no different from an MOU, as the County has no
enforceable rights under the Cooperation Agreement. With that noted, this item is approved as to form
and legality, and requires majority vote for approval. -JAK.
GROWTH MANAGEMENT IMPACT: This item is consistent with the Stormwater Management sub
element of the Growth Management Plan.
RECOMMENDATION: To have the Board approve and authorize the Chair to sign the cooperation
agreement with the South Florida Water Management District, Florida Forestry Service, and the County
to provide for the implementation of the Picayune Strand Restoration Project, which i s a component of
the Comprehensive Everglades Restoration Plan, and to enter into Mutual General Releases respect to
various agreements between the Board and the State with respect to any rights the County may have, if
any, to Public Access within the Picayune Strand.
Prepared by: Trinity Scott, Deputy Department Head, Growth Management Department
ATTACHMENT(S)
1. 27852 CON (PDF)
2. Mutual Release Collier County (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.37
Doc ID: 17451
Item Summary: Recommendation to approve and authorize the Chair to sign a cooperation
agreement with the South Florida Water Management District, Florida Forestry Service, and the County
to provide for the implementation of the Picayune Strand Restoration Project, which is a component of
the Comprehensive Everglades Restoration Plan, and to enter into Mutual General Releases respect to
various agreements between the Board and the State with respect to any rights the County may have, if
any, to Public Access within the Picayune Strand.
Meeting Date: 07/13/2021
Prepared by:
Title: Supervisor - Operations – Growth Management Operations & Regulatory Management
Name: Lissett DeLaRosa
07/06/2021 9:13 AM
Submitted by:
Title: Deputy Department Head - GMD – Growth Management Department
Name: James C French
07/06/2021 9:13 AM
Approved By:
Review:
Growth Management Department Diane Lynch Growth Management Department Completed 07/06/2021 10:07 AM
Growth Management Department Lissett DeLaRosa Growth Management Skipped 07/06/2021 9:13 AM
Growth Management Department Trinity Scott Transportation Completed 07/07/2021 11:35 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/07/2021 11:54 AM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 07/07/2021 2:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/07/2021 5:04 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/07/2021 5:07 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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COOPERATION AGREEMENT
between
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
and
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, FLORIDA FOREST SERVICE
and
COLLIER COUNTY
This Cooperation Agreement (“Agreement”) is entered into this day of ,
2021 (“Agreement Date”) by and between the South Florida Water Management District, a
governmental entity of the State of Florida created under Chapter 373, Florida Statutes,
(“District”), the Florida Department of Agriculture and Consumer Services, by and through
the Florida Forest Service, an agency of the State of Florida (“Service”), and Collier County,
a political subdivision of the State of Florida (“County”) (collectively, the “Parties.”)
WHEREAS, the U.S. Army Corps of Engineers and the South Florida Water Management
District executed a Project Partnership Agreement on August 13, 2009 (“PPA”) to implement
the Picayune Strand Restoration Project (“Project”), which is a component of the Comprehensive
Everglades Restoration Plan (“CERP”); and
FDACS CONTRACT#
27852
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WHEREAS, the overarching objective of CERP is the restoration, preservation, and
protection of the South Florida ecos ystem while providing for other water related needs of the
region; and
WHEREAS, the Project is located on approximately 62,142 acres of land in Collier
County, Florida, including the former Southern Golden Gate Estates development, as shown
on attached Exhibit “A,” made a part hereof; and
WHEREAS, in implementing the Project, approximately 260 miles of roads will be
removed, approximately 40 miles of canals filled-in, three pump stations, spreader basins, and
tie-back levee constructed to restore the natural hydrology and correct the timing and distribution
of surface water to Picayune Strand and the downstream bays and estuaries of the Ten Thousand
Islands National Wildlife Refuge; and
WHEREAS, the Department of Agriculture and Consumer Services (“Department”)
entered into Lease No. 3927 as a tenant of the Florida Board of Trustees of the Internal
Improvements Trust Fun d of the State of Florida (“Board of Trustees”), dated December 6, 1991
(“Lease”), which Lease includes lands within the Project, and that portion of the leased lands
located within the Project is hereinafter referred to as the “Leased Lands;” and
WHEREAS, the Board of Trustees entered into a Cooperative Agreement with the District
on May 19, 2009, as amended on March 10, 2014 (“Board of Trustees’ Cooperative
Agreement”), under which the Board of Trustees dedicated and certified State-owned lands within
the Project to the Project’s purposes; and
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WHEREAS, the Florida Forest Service (formerly known as the Division of Forestry)
is the managing agent for the Department and manages the Leased Lands as the Picayune
Strand State Forest, along with other related uses in accordance with the Service’s Ten-Year
Resource Management Plan for the Picayune Strand State Forest for the Lease (“Land
Management Plan”); and
WHEREAS, Project will convey water across the Project area as overland sheet flow while
maintaining existing levels of flood risk reduction to the north and for privately held lands to the
southwest and south of the Project; and
WHEREAS, expected ecosystem benefits from the Project include restoration of historic
wetland communities, restoration of sheet flow toward coastal estuaries, reduction of harmful
surge flows through the Faka Union Canal into Faka Union Bay, improved freshwater
overland flow and seepage into the other bays of the Ten Thousand Islands National Wildlife
Refuge, improved aquifer recharge, decreased frequency and intensity of wildfires, improved
habitat for fish and wildlife including threatened and endangered species, and increased spatial
extent of wetlands ; and
WHEREAS, the Board of Trustees, the District, and the Count y entered into an
Agreement, effective October 8, 2003, as amended, and an additional Supplemental Agreement
between t h e C oun t y and Distri ct , effect i v e J une 14, 2007, (collectivel y “County
Agreements”); and
WHEREAS, the parties desire to cooperate in implementation of the Project.
NOW, THEREFORE, for good and valuable consideration the receipt of which hereb y
acknowledged b y the parties including the covenants set forth below, the parties agree as follows.
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1. Recitals. The above recitals are true and correct and incorporated herein.
2. Purpose. The Service has major responsibilities under the Lease for management and
protection of the Leased Lands. The District as local sponsor for the Project has committed to
implement the Project with the Arm y Corps of Engineers. It is therefore appropriate and desirable
that the Service and District cooperate under this Agreement to fulfill mutually beneficial
objectives associated with implementation of the Project. The Count y’s objective is to address
public access and road maintenance within the Project. The Service’s objective is to provide for
continued effective ongoi ng management and maintenance in cooperation with the District.
3. Scope of Effort:
3.1. The District, as local sponsor, in partnership with the U.S. Arm y Corps of
Engineers, agrees to:
3.1.1. Construct the Project features in accordance with the requirements of the PPA
and the Project Construction Phasing, Transfer and Warrant y Plan (“Project Plan”) and to
operate, maintain, repair, replace, and rehabilitate (“O&M”) the Project in accordance with the
requirements of the Operations, Maintenance, Repair, Replacement, and Rehabilitation Manual
(“O&M Manual”) and Project Operating Manual, as updated.
3.1.2. Maintain at District expense the roads which provide access to the Merritt, Faka
Union and Miller pump stations, identified as “District Maintained Roads” on the road map
attached as Exhibit “B,” made a part hereof.
3.1.3. The District shall support leaving a portion of Miller Boulevard elevated to
protect critical Red Cockaded Woodpecker habitat.
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3.1.4. The District shall cooperate with the Service to provide material and grading for
the construction of a gravel parking area at the point of intersection of Everglades Boulevard and
the Tie-Back Levee.
3.1.5. The District shall contribute two hundred and fifty thousand dollars ($250,000)
for the Service to purchase specialized equipment capable of traversing flooded roads to access
Picayune for fire suppression and forest management.
3.1.6. The District shall contribute one hundred thousand dollars ($100,000) for the
Service to complete the relocation of the Servi ce’s campground previously located on t he
Leased Lands at the area known as the “T.” This contribution shall fulfill all obligations of the
District related to the Service’s campground.
3.1.7. The District and Service shall cooperate in the use of equipment and resources to
implement this Agreement consistent with applicable law and their res pective policies and
procedures.
3.1.8. The District and Service shall cooperate in the installation and maintenance of
interpretive signage and an online presence that provides information about the project and safety
signage at Project access points consistent with applicable law and their respective policies and
procedures.
3.1.9. The District shall contribute matching funds in an amount not to exceed fifty
thousand dollars ($50,000) annually for the Service to treat Sabal (Cabbage) Palm trees within
the Project footprint. This paragraph is subject to Availability of Funding.
3.1.10. The District shall participate in an annual meeting regarding the Project at the
request of the Service.
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3.2. The Service, as management agency for the Leased Lands, agrees to:
3.2.1. And hereby consents to the District and Arm y Corps of Engineers construction
and O&M of the Project on the Leased Lands. This Section 3.2.1. survives the termination or
expiration of this Agreement.
3.2.2. Manage and O&M the Leased Lands, including providing for public access, at the
Service’s expense in accordance with the Land Management Plan, as it may be updated. The
Service will use best efforts, subject to fiscal limitations, so that the Land Management Plan and
any updates are consistent with the PPA, Project Plan, O&M Manual, Project Operating
Manual, as they ma y be updated. A District representative will be included as a member of
Picayune Strand State Forest Liaison Committee. The Service will coordinate its activities and
Plan updates with the District so that Service management and O&M within the Project area are
compatible with Project goals and objectives.
3.2.3. Manage and maintain at the Service’s expense the parking area at the intersection
of Everglades Boulevard and the Tie-Back Levee, and all other roads and trails not identified as
District maintained roads at the Service’s discretion consistent with the Land Management Plan and
compatible with Project goals and objectives.
3.2.4. The Service may close or restrict access to any road as necessary in accordance
with Service policies and procedures. The Servi ce shall provide District access to closed or
restricted roads upon notice from the District. The District shall use appropriate equipment to
access monitoring wells to reduce the amount of road degradation.
3.2.5. Manage at the Service’s expense and in accordance with the terms of this
Agreement any lands acquired by the District in the future within the Belle Meade portion of the
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Project that the District conveys to the Board of Trustees in accordance with the Board of
Trustees’ Cooperative Agreement. The Service will amend its Lease to include such lands in the
Lease. The parties will coordinate and keep each other informed on (i) the District’s progress in
acquiring such lands and conveying them to the Board of Trustees and (ii) the Service’s progress
in obtaining a Lease amendment to include such lands in the Lease.
3.2.6. Allow District employees and contractors access to monitoring wells located
on lands leased by the Service for the purpose of compliance with the Monitoring Plan (Annex
1 to the Project Plan) for monitoring water levels within the Leased Lands as identified on the map
attached hereto as Exhibit “C,” made a part hereof. These wells will be used to monitor the water
flow within the Leased Lands. Such access includes the right to move and transport equipment,
materials, and supplies for the inspection, operation, and maintenance of the wells in accordance
with the Monitoring Plan.
3.2.7. Remove, at its expense, solid waste and other materials illegall y disposed of on
the Leased Lands.
3.3. The County agrees:
3.3.1. The Service and District shall be responsible for road m a n a g e m e n t a n d
maintenance within the Project as set forth in this Agreement. The Service shall be responsible
for public access within t h e P r o j e c t as set forth in this Agreement.
3.3.2. The obligations of the Service and the District under this agreement fulfill,
supersede, and replace any obligations of the District, the Service, and the Board of Trustees
under the Count y Agreements and all other agreements with respect to the subject matter of this
Agreement, including public access and road management and maintenance within the Project
and other areas referenced in such agreements. The County further agrees that the District,
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Service, and the Board of Trustees have no other obligation to provide public access or to manage
and maintain roads in the Project and other areas referenced in such agreements.
3.3.3. The County has no stated or implied right to enforce an y obligation under this
Agreement. Enforcement of any obligation under this Agreement is limited exclusively to the
Service or the District, as applicable.
4. Term of Cooperation Agreement
4.1 The term of this Agreement shall be the earlier of 21 years or for the life of the
Project. The life of the Project is determined by the District in its sole and absolute discretion.
Any extension of the term requires the written approval of the parties.
5. Project Manager.
5.1 The point of contact for each party for purposes of the parties’ communication and
coordination under this Agreement is as follows:
South Florida Water Management District
PSRP Project Manager
3301 Gun Club Road
West Palm Beach, FL 33406
Telephone No.: 561-686-8800
Florida Forest Service
Forestry Center Manager Caloosahatchee
Forestry Center Florida Forest Service
10941 Palm Beach
Blvd. Ft. Myers, FL
33905
Telephone No.: (239) 690-8019
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Collier County
Growth Management Department Director
2800 North Horseshoe Drive
Naples, FL 34104
Telephone No.: (239) 252-2400
Each party will notify the other in writing an y time there is a change in the P roject
Officer.
6. Other Terms and Conditions:
6.1. Independent Contractors. The Parties are independent contractors and are not
employees or agents of the other. Nothing in this Agreement shall be interpreted to establish
any relationship other than that of independent contractor, between the Parties, their employees,
agents, subcontractors, or assigns during or after the performance of this Agreement.
6.2. No Third-Party Benefit. It is the intent and understanding of the Parties that this
Agreement is solel y for t he benefit of the Parties. No person or entity other than the Parties shall
have the power to enforce the terms of this Agreement and no person or entity other than the
Parties shall have any rights or privileges under this Agreement in any capacity whatsoever,
either as a third-party beneficiary or otherwise.
6.3. Amendment. This Agreement may be amended only with the written approval
of the Parties.
6.4. Entire Understanding. This Agreement states the entire understanding and
Agreement between the Parties and supersedes any and all written or oral representations,
statements, negotiations, or agreements previously existing between the Parties with respect to
the subject matter of this Agreement. The Parties recognize that an y representations, statements
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or negotiations made by another part y do not suffice to legall y bind the other parties in a contractual
relationship unless they have been reduced to writing and signed b y an authorized representative
of the Parties. This Agreement shall inure to the benefit of and shall be binding upon the Parties,
their respective assigns, and successors in interest.
6.5. Notice. An y notice, request, demand, instruction, or other communication to be
given to the Parties shall be sent to the Project Manager at the address stated in Section 5 and
shall be in writing and shall be deemed to be delivered upon the earlier to occur of (1) actual receipt
if delivered by hand or by commercial courier (2) one day after mailing b y any form of overnight
mail service, (2) the date upon which return receipt is signed or delivery is refused or the notice
is designated by postal authorities as not deliverable, as the case ma y be when mailed by
registered or certified mail, return receipt requested, or(3) on the date of transmission by telefax ,
facsimile with confirmed receipt or by email with confirmed receipt, or (4) the date of
transmission by email by requested a delivery receipt.
6.6. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. A photocopy or facsimile copy of this Agreement and an y signatory hereon shall be
considered for all purposes as original.
6.7. Liability. The participation of the Service and District in activities conducted
pursuant to this Agreement is not intended to place either part y or its representatives in a position
of incurring tort liability arising from an action of the other party. Each part y is responsible for
an y injury or property damage caused by the negligence or intentional torts of its own employees
acting within the scope of their emplo yment/official duty subject to the limitations prescribed b y
applicable laws.
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6.8. Availability of Funding. The parties’ obligations as set forth in this Agreement are
subject to future fiscal year appropriations and the availability of funding in future fiscal years
for each part y. Nothing in this Agreement shall create an indebtedness within the meaning of any
constitutional or statutory limitations of indebtedness.
[The Remainder of This Page Intentionally Left Blank.
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IN W ITNESS WHEREOF, the parties have caused this Agreement to be executed b y
an authorized official on the date and year set forth below their signature.
FLORIDA DEPARTMENT OF AGR ICULTURE
AND CONSUMER SERVICES,
FLORIDA FOREST SERVICE
BY:
TITLE:
DATE:
SOUTH FLORIDA WATER MANAGEMENT DISTR ICT
BY:
TITLE:
DATE:
Approved for Legal Sufficiency,
SFWMD Office of Counsel:
By:_
Print Name:
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6/18/2021
Asst Director of Administration
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COLLIER COUNTY BOARD OF
COUNTY COMMISS IONERS
BY:
TITLE:
DATE:
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LIST OF EXHIBITS
Exhibit A Picayune Strand Restoration Project
Exhibit B Picayune Strand Restoration Project Post Construction Road Plan
Exhibit C Picayune Strand Restoration Project Surface and Ground Water Monitoring
Sites
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MUTUAL RELEASE FROM CONTRACTUAL OBLIGATIONS FOR COLLIER
COUNTY AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT
RELATED TO THE PICAYUNE STRAND RESTORATION PROJECT
s Settlement
This Mutual Release, dated this _______ day of _________, 2021, by and among COLLIER
COUNTY (hereinafter “Collier County”), and SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter “the District”), collectively referred to as the "Parties";
WHEREAS, the Parties to this Agreement have multiple historical agreements relating
to the Picayune Strand Restoration Project and the Parties wish to fully release each Party from
any remaining obligations to each other under these agreements; and
WHEREAS, the Florida Board of Trustees of the Internal Improvements Trust Fund of
the State of Florida, the District, and the County entered into an Agreement, effective October 8,
2003, as amended, and Collier County and the District entered into an additional Supplemental
Agreement, effective June 14, 2007, (both agreements are collectively the “County
Agreements”); and
NOW, THEREFORE, in consideration of each and all of the mutual covenants,
promises, and considerations set forth herein, the sufficiency of which are hereby acknowledged
by the Parties, the Parties do hereby agree as follows:
1. Specific Releases.
The obligations between Collier County and the District under the County Agreements are
hereby released. Such obligations specifically include road management and maintenance within
the Project and other areas referenced in the County Agreements.
2. General Releases.
a. The District, on behalf of itself, and its past, present, and future
attorneys, agents, servants, contractors, subcontractors, suppliers, representatives, insurers,
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successors in interest, and assigns of all of them, shall release and forever discharge Collier
County, its affiliates, subsidiaries, related companies, predecessors, successors and/or
assigns, subcontractors or affiliates, employees, former employees, agents, attorneys,
officers, directors, and principals from any and all claims of whatever nature or description,
whether now known or arising in the future, relating to the contractual obligations of the
Parties under the County Agreements.
b. Collier County, on behalf of itself, and its past, present, and future
attorneys, agents, servants, contractors, subcontractors, suppliers, representatives, insurers ,
successors in interest, and assigns of all of them, shall release and forever discharge the
District, their affiliates, subsidiaries, related companies, predecessors, successors and/or
assigns, subcontractors or affiliates, employees, former employees, agents, attorneys,
officers, directors, and principals from any and all claims of whatever nature or description,
whether now known or arising in the future, and whether arising from contract, indemnity,
warranty, express or implied, in contract or tort, relating to the contractual obligations of the
Parties under the County Agreements.
3. Voluntary Execution/Role of Legal Counsel. The Parties acknowledge that this Agreement
is freely and voluntarily executed after they have been apprised of all relevant information
concerning the Agreement and that they have had the opportunity to consult with and receive the
advice of counsel in entering into this Agreement. In executing this Agreement, the Parties
acknowledge that they do not rely on any inducements, promises, or representations other than
those contained herein. In this regard, the Parties acknowledge that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous provision that may exist in this
Agreement is to be construed against any of the Parties based upon a claim that one of the Parties
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Packet Pg. 1036 Attachment: Mutual Release Collier County (17451 : Recommendation to approve and authorize the Chair to sign a cooperation agreement)
3
drafted the Agreement, or that the language of the Agreement was intended to favor one of the
Parties.
4. Governing law. This Agreement shall be deemed to have been made and to be performed,
and shall be interpreted, construed, and enforced, in accordance with the laws of the State of
Florida, with the exclusive venue for any litigation arising out of this agreement being in the 20th
Judicial Circuit Court, in and for Collier County, Florida.
5. Complete Agreement. The Parties acknowledge that in deciding to execute this Agreement
and then in executing this Agreement, they have not relied upon any agreement, statement, or
representation that is not specifically set forth herein, that this Agreement contains the entir e
agreement between the Parties hereto regarding the release of obligations under the County
Agreements, and that the terms of the Agreement are contractual and not mere recitals.
6. Modifications. This Agreement cannot be amended, modified, or amplified except by
agreement and written document, which is signed by all Parties hereto. No oral statement made
by any person shall operate to modify this Agreement in any manner or otherwise affect its terms
and provisions.
7. Severability. In the event that any term or provision of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed
enforceable and in effect.
8. Enforceability. This Agreement is effective upon the date it is executed on behalf of all of
the Parties.
9. Non Waiver. The failure of any Party to enforce at any time any of the provisions of this
Agreement shall not constitute a waiver of any such provisions.
10. Authority to Bind. The signatories hereto each warrant and represent that they have the
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Packet Pg. 1037 Attachment: Mutual Release Collier County (17451 : Recommendation to approve and authorize the Chair to sign a cooperation agreement)
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requisite authority to enter into this Agreement on behalf of the respective Party.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be an
original, with the same effect as if the signatures thereto and hereto were upon the same
Agreement. This Agreement, to the extent delivered by means of facsimile or electronic
delivery, shall be treated in all manner and respects as an original Agreement to have the same
binding legal effect as if it were the original signed version thereof delivered in person. No Party
hereto shall raise the use of Electronic Delivery as a defense to the formation of an Agreement,
and each Party hereto waives any such defense except to the extent that such defense relates to
lack of authenticity.
IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on the
date(s) set forth below.
COLLIER COUNTY
By:
Its:_____________________________
Date: __________________________
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
By:
Its:_______________________________
Date:_____________________________
16.A.37.b
Packet Pg. 1038 Attachment: Mutual Release Collier County (17451 : Recommendation to approve and authorize the Chair to sign a cooperation agreement)