Backup Documents 02/08/2022 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 9
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 l Z I r✓U Z L-
4. BCC Office Board of County 1/ 1
Commissioners lelby Mb IS/ 21 i7/2Z
5. Minutes and Records Clerk of Court's Office
4i(S lZ1ttT71ara 1r4410i-
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 Pamela Lulich/GMD-Road Maintenance Phone Number 239-252-6291
Contact/ Department
Agenda Date Item was 02-08-2022 ✓ Agenda Item Number 16A9
Approved by the BCC
Type of Document Landscape Maintenance Agreement ✓ Number of Original
Attached 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? feno KC
2. Does the document need to be sent to another agency for additional signatures? "If yes, NA
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 KC
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 NA
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 KC
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 KC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KC
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 2-8-22 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Db
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 �
Chairman's signature. V) arl .si�
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
16* 9
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, February 25, 2022 3:37 PM
To: lulich_P
Subject: Recorded LMA W/City of Naples (#16A9 2-8-22 BCC Meeting)
Attachments: Recorded LMA W_City of Naples (#16A9 2-8-22).pdf
Hi Pam,
A copy of the recorded agreement referenced
above, is attached for your records.
**The receipt for recording is included**
Thank you!
Ann Jennejohn
I3MR Senior Deputy Clerk II
sir k, Clerk to the Value Adjustment Board.,`= Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.com
/,,k<t„,'l A`�o�^ Office of the Clerk of the Circuit Court
Sr Comptroller of Collier County
32q Tamiami Trail, Suite #401
Naples, FL- 34112-5324
www.CollierClerk.com
i
INSTR 6209871 OR 6088 PG 2530
RECORDED 2/23/2022 2.42 PM PAGES 5 16 A 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$44.00
INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
CONCERNING LANDSCAPE MAINTENANCE FOR CERTAIN COUNTY
MEDIANS WITHIN OR ADJACENT TO THE CITY LIMITS OF THE CITY OF
NAPLES
This INTERLOCAL AGREEMENT is entered into this 8th day of February
2022,by and between Collier County,Florida,a political subdivision of the State of Florida,whose
mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and the City of Naples, whose mailing address is 735 8th Street South, Naples, FL
34102 (hereinafter referred to as the "City").
RECITALS:
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governmental units to make the most efficient use of
their powers by enabling them to cooperate on a basis of mutual advantage; and
WHEREAS, both parties to this Agreement are public agencies within the meaning of
Chapter 163, Florida Statutes; and
WHEREAS, the County is the owner of certain medians located in Collier County, Florida
and within or adjacent to the Naples City limits, within the rights-of-way known as Goodlette-
Frank Road (C.R. 851) and Golden Gate Parkway (C.R. 886); (hereinafter referred to as the
"Roads"); and
WHEREAS, the County has allowed the City in the past to construct and maintain certain
median landscape improvements on its Roads, more specifically on Goodlette-Frank Road from
Tamiami Trail East (U.S. 41) north to Golden Gate Parkway, and on Golden Gate Parkway from
Goodlette-Frank Road east to Bears Paw Trail, as depicted in Exhibit"A" (hereinafter referred to
as the "Median Improvements") at the City's expense; and
WHEREAS, the City and the County have determined and mutually agree that it is
mutually advantageous and in the best interest of the public to continue this past practice as
provided in this Agreement.
NOW, THEREFORE, in consideration of the foregoing RECITALS, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the
City and County agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are made
a part of this Interlocal Agreement.
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16A 9
2. The County hereby grants to the City the right to use those portions of the Roads depicted
in Exhibit"A"for the sole purpose of constructing and maintaining Median Improvements.
3. The design standards, landscape plan review, construction and maintenance activities,
timing of the work, maintenance of traffic flow during construction and maintenance, and
the permissible lane closures during the time that work is to be performed shall be to Florida
Department of Transportation (FDOT) standards (when applicable) and coordinated with
the County. The County agrees to cooperate with the City in the event the City is required
to obtain any necessary permits. Any permitting fees shall be paid by the City except for
any fees payable to the County, which shall be waived.
4. Although the City shall provide the County with a detailed schedule and landscape and
irrigation plans for the Median Improvements prior to beginning any construction or
maintenance, no additional approval from the County is needed prior to construction or
maintenance work
5. The landscaping and other personal property constructed by the City shall remain the
property of the City.
6. Should the City fail to construct or maintain the Median Improvements, the County may
provide notice to the City in writing, specifying the nature of the deficiency. Within thirty
days following receipt of such notice, the City at its sole cost shall cause the appropriate
repairs or cure to be Completed. In the event damage to, or failure to maintain the Median
Improvements results in a situation where public safety is at risk, (1) the City shall
complete repairs within twenty-four hours of receipt of the County's written notice, or(2)
the County may, at its option, complete repairs to the Median Improvements, with prior
notice to the City,and will promptly bill the City for all actual costs incurred in completing
the repairs. The City shall reimburse the County for such costs within thirty days of receipt
of the County's bill.
7. The City and County, shall indemnify and save harmless each other, including all
employees from any loss or damages either may suffer as a result of claims,suits,demands,
damages, losses, fines, penalties, interest, expenses, costs, or judgments, including
attorneys' fees and costs of litigation, arising out of the City's use of the Roads for the
purposes set forth in this Interlocal Agreement. Neither party shall undertake to settle any
lawsuit or threatened lawsuit that could give rise to an obligation on the other without the
prior consent of the other, such consent to not be unreasonably withheld.
8. The indemnities provided for by this Interlocal Agreement will extend from the date of this
Interlocal Agreement is executed by the last party until such time as the parties hereto
acknowledge in writing that the City has ceased to use the Road for the purposes stated
within this Interlocal Agreement and the Road has been restored as set forth below, at
which time, following receipt of the City's written request, the County will execute a
release from indemnification in favor of the City.
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9. The parties agree to give each other written notice of any claims filed in connection with
this Interlocal Agreement, within thirty days of the date that either party is aware of such
claim.
10. Unless terminated as set forth below, this Interlocal Agreement shall remain in full force
and effect in perpetuity from the date first set forth above and shall be binding upon the
parties and all their successors in interest. The Interlocal Agreement may be freely
terminated as of right by either party, with or without cause. If the City exercises this right,
or if the County exercises this right based upon the City's substantial breach of this
Interlocal Agreement, then upon written demand by County, the City, at its sole cost and
expense, shall remove the Median Improvements and will restore the Roads to a reasonable
natural condition(within 30 days). If the County exercises this right,or if the City exercises
this right based upon the County's substantial breach of this Interlocal Agreement, then the
County will be responsible for any removal of the Median Improvements or restoration of
the Roads. Except for the above, neither party will be liable to the other for any damages
or claims resulting from the termination of this Interlocal Agreement.
11. In the event either party hereto shall institute legal proceedings in connection with, or for
the enforcement of, this Interlocal Agreement, each party shall be responsible for its costs
of suit, including reasonable attorney's fees, at both trial and appellate levels.
12. Should any part of this Interlocal Agreement be found to be invalid, then such invalid part
shall be severed from the Interlocal Agreement, and the remaining provisions of this
Interlocal Agreement shall remain in full force and effect and not be affected by such
invalidity.
13. This Interlocal Agreement shall be recorded by the County in the Official Records of
Collier County, Florida.
14. This Interlocal Agreement is the entire agreement between the parties, and supersedes all
previous oral and written representations, agreements and understandings between the
parties regarding construction and landscape maintenance for the Median Improvements
for the Roads as described herein. This Interlocal Agreement shall be governed by the laws
of the State of Florida and may not be altered or amended in any way, except by written
agreement signed by both parties.
[Space Intentionally Left Blank]
[21-TRM-00350/1657604/1] Page 3 of 4
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In Witness Whereof, the County and the City have caused these presents to be executed by their
appropriate officials on February 8, 2022 and November 15, 2021, respectively.
AS TO THE CITY OF NAPLES:
ATTEST„ta1''`,s?f• Z;=4,, CITY OF NAPLES, FLORIDA
^!,:' '1''s
hi
e.
atncia 1 IkArhhb"k,-C'iiy Cler Teresa Heitmann, Mayor
„rt•t
Approved as to Form
and Legal Sufficiency:
City�Atto 1
y
f
AS TO COLLIER COUNTY, FLORIDA:
ATTE , BOARD OF COUNTY COMMISSIONERS
'`. COLLIER COUN •RIDA
Crysta K. zpl,Clerk
AIIP aw'*:r , a e _ _� .'
By." OC,� � By: '
-'. '4,i ', puty Clerk
Attest aS•0. +�lnpg Willi.;' L. McDaniel, Jr., Chairman
signal talons "'
Approved as to form and legality:
1/2"Al P.-Derek D. Perry
Assistant County Attorney ►O I,
\`v
[21-TRM-00350/I657604/1] Page 4 of 4 0
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EXHIBIT "A" I 6A 9
City Constructed and/or Maintained Median Improvements
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5th Ave N i
COIL County
Growth Management oepai b rent
Legend
City Constructed and/or �ts
Maintained Median I7/
Improvements 1`
Davis Blvd
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0 0.3 0.6 Miles
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