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Backup Documents 07/13/2021 Item #16C 2 )4,21( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 in THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE C �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 County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Asst. County Atty. County Attorney � � Q County Attorney's Office te'' ,I Z 2. BCC Office Board of County Commissioners %-/. .e,o. ( 3. Minutes and Records Clerk of Court's Office '--tC___ 1—] , / 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 Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was July 13,2021 Agenda Item Number 16.C.1 Approved by the BCC Type of Document Right of Entry Agreement Number of Original 1 Attached Documents Attached PO number or account Account: Fund 111, Cost Center 156343, RECORDING FORM number if document is Object Code 649030, Project N/A ATTACHED 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? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 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 TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 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 26,2019,and all changes made TAM 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 fort C,AA "i• _ 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 1 6 C 2 MEMORANDUM Date: August 3, 2021 To: Toni Mott, Property Acquisition Manager Facilities Management Department From: Teresa Cannon, Sr. Deputy Clerk Boards Minutes & Records Department Re: Temporary Right-of-Entry Agreement— Immokalee Community Park/Folio #00127440006 Attached is a scanned copy of the document as referenced above (Item #16C2), approved by the Board of County Commissioners on Tuesday, July 13, 2021. The Minutes & Records Department has kept an original agreement for the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16C2 protect Immokalee Commu1Iy Park INSTR 6102595 OR 5988 PG 1265 Folio Numbers 00127440006 RECORDED 7/27/2021 11:28 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0 70 REC$35 50 TEMPORARY RIGHT OF ENTRY AGREEMENT THIS TEMPORARY RIGHT OF ENTRY AGREEMENT (hereinafter referred to as the 'Agreement') is made and entered into by and between COLLIER COUNTY. a political subdivision of the State of Florida whose mailing address is 3335 Tamiami Trail East. Suite 101. Naples. FL 34112 (hereinafter •Grantor') and NORTHSIDE NAPLES KIWANIS FOUNDATION, INC.. a Florida corporation. whose mailing address is P.O Box 770060, Naples FL 34107 (hereinafter Donor ) and PRECISION CONTRACTING SERVICES, INC.. a Florida Corporation. whose mailing address Is 15834 Jupiter. FL 33418(hereinafter Contractor'') 3221 8 WHEREAS. the Grantor is the owner of real property located in Collier County. Florida, identified by the Folio number listed above where the Immokalee Community Park (Park) is located at 321 North 1 s' Street. Immokalee, FL 34142 (the"County Property"): and WHEREAS. the County Property is the location of the Immokalee Community Park and WHEREAS the Donor has offered to donate 2 Spinner Bowls and 1 Tip Carousel with Brace and pay the Contractor to install the equipment at the Park: and WHEREAS the Grantor desires to allow Contractor access to the County Property for the stated purposes on the terms and conditions set forth herein and NOW THEREFORE. in consideration of these premises. the sum of Ten Dollars (510 00). and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged. it is agreed by and between the parties as follows 1. Grantor hereby grants to Contractor the temporary license and right to enter over, upon. and across the County Property. at no cost to the Grantor for the sole purpose of installing the playground equipment 2 Contractor intends to work 6 days a week. Monday through Friday from 7 AM to 7 PM. and on Saturday 7AM to 5 PM. These are the standard operating work hours per Collier County. 3 The Grantor shall pay for all costs of recording the Agreement upon approval of said Agreement 4 This Agreement shall be in full force and effect for ninety(90) days from the date said Agreement is accepted by the Collier County Board of County Commissioners. unless extended by mutual written agreement of the parties hereto The Manager of Parks and Recreation or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional 60 days without further approval by the Board of County Commissioners CAO� 1 6 C 2 5 Contractor shall install the playground equipment to the satisfaction of the Collier County Parks and Recreation Director or designee. 6. Contractor is aware that Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County. Florida 7 The rights granted herein are conditioned upon the reasonable exercise thereof by Contractor and Contractor agrees not to interfere with Grantor's use of the County Property 8 Contractor hereby undertakes to indemnify and save harmless Grantor. its respective parent and affiliated companies and agents officers directors. employees. members. partners successors and/or assigns(the• Indemnitees'). from any liability or damages lndemnitees may suffer as a result of claims suits demands. damages losses. fines. penalties. interest. expenses. costs or judgments against them arising out of Contractor s exercise of its right to enter the County Property for the purposes set forth herein This indemnification includes claims. suits demands, damages. losses. fines. penalties interest expenses. costs. or judgments arising out of personal injury property damage environmental contamination and any other event in any way related to Contractor s use of the County Property for these purposes, no matter how remote. and shall include damages of any nature whether compensatory. consequential. punitive or otherwise all costs incurred in the defense of every claim, demand cost or judgment whether attorney fees or otherwise. and all costs incurred by Indemnitees in the enforcement of this Agreement. and will extend from the date of this Agreement until termination of this Agreement in writing by either party and as provided herein Written termination of this Agreement shall in no way limit Contractor s obligations hereunder for claims suits demands. damages. losses. fines, penalties. interest. expenses. costs. or judgments of any nature. that arise out of Contractors use of County Property prior to the date of the termination. This provision shall not apply to any damages suffered by Grantor as a result of the execution. recording and existence of this Agreement 9 Contractor. prior to entering upon the County Property and at all times thereafter shall obtain and maintain comprehensive bodily injury and property damage liability insurance on a per-occurrence basis with minimum limits of liability in an amount of Three Hundred Thousand Dollars (S300.000 00)combined single limit, and including a loss payable clause in favor of Grantor. and Worker's Comprehensive insurance in accordance with State requirements. naming Grantor as Additional Insured under the policies. and shall provide evidence of such insurance prior to use of the County Property. Grantor which shall include a provision that the insurance may be cancelled only upon thirty (30) days prior written notice to Grantor 10 This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have set their hand on this the_day of `,U It . 2021 CAO 16C2 Grantor: r•'►R.0 r. , AT,ti t'! ••• ' " , BOARD I AO TY COM ON RS CYST L.K^.•K1N2F , Clerk COLLIER ' .I NTY, FLO ID '' BY: . alMe8 •:� Deputy Clerk Penny Taylor, Chair —Attest as ti '�haitp1•aja Approved as to • •• .nd le.� J r etpedio Assistan NZ. Attorney .,: IT• Dono • NORTHSIDE NAPLES KIWANIS FOUNDATION tSrgn u 1 INC., a Florida not for profi rporation eJ\d� o (Print Name U (Signature) P r Mollo, President (Pnnt Name) /, STATE O' y.,e2. COUNTY OF �YJ,z.,.eie_ The foregoing Temporary Right of Entry Agreement was acknow'edged before me by means of physi iccal presencep or online notarization this �1* day of N7/ 2021. by 1r� e_./rei ame). , '4 ?Title; on behalf of Northside Naples Kiwonis Foundation Inc.. a Florida not for profit corporation. is/ore personally known to me: pt as/have produced his/her current drivers license:or . has/have produced as identification. y Notary Signature �or"14, Notary Public State of Florida Prir'Name _._,X A Ze•X Trent A Zinser 4My Commission GG 138058 Commission #_ 7���5� Exp. a 4 7 Of/ a Expires 08/20/202i CAO, I 6 C 2 Contr ctor: Precision Playgrounds, Inc (Si afore) 45 Alabama Ave.Jacksonville,FL 32218 rint me) 1 �t ri „Seature} Scott Craft:: Preside L":") ` ..n•N. a .4.10- 1 1 C\G b (Print Name) STATE OFarida ) COUNTY OF Q`(,Vid ) The foregoing Temporary Right of Entry Agreement was acknowledged before me by means of Ni physical presence or 7 or�yneresr du not rization this 9 day of J/,�{, , 2021, by F� r 4 Scot Cra_fl (Name), Ca> )Title) on behalf of Precision Playgrounds, Inc., a Florida corporation,who: `/ 6ris/are personally known to me; o has/have produced his/her current drivers license;or ❑has/have produced ____,__, as identification. Notary Signature 10 eA.. Print Name�( J j X Commission tt_gH.05_,072 —___Exp:/�/9 Zi Kin Dbcon r Notary Public State of Florida - '''fir`- Comm*HH054872 1 Expires 10/19/2024 /r-`