Backup Document 06/28/2022 Item #16K 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i
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.
** 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 routingdines#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 SAA 6/28/22
4. BCC Office Board of County
Commissioners 6 4/O N 6/20 Z
5. Minutes and Records Clerk of Court's Office ki (Pinta e ,oao.,,
A6. **return original to Sally Ashkar for
forwarding to SFWMD**
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 Sally Ashkar Phone Number 252-8842
Contact/Department Office of the County Attorney
Agenda Date Item was 6/28/22 Agenda Item Number 16-K-2
Approved by the BCC
Type of Document(s) Agreement-SFWMD Number of Original one
Attached Documents Attached
PO number or account N/A
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(instead of stamp)? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, SAA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. will
handle
3. Original document has been signed/initialed for legality. (All documents to be signed by SAA
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 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 SAA
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 SAA
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 uploaded to the
agenda. 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 6/28/22 and all changes made during the SAA N/A is not
meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
16K 2
�Po sk nu%
oP���1`% SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
Z y
AGREEMENT NO. 460000
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
This Agreement is entered into as of J1ine.2V0 Eby and between the South Florida
Water Management District (DISTRICT) and the Board of County Commissioners of Collier
County, Florida(COUNTY) collectively referred to as the "Parties".
WHEREAS, the DISTRICT is a government entity operating pursuant to Chapter 373,
Florida Statutes; and
WHEREAS, COUNTY is a political subdivision of the State of Florida; and
WHEREAS, the purpose of this agreement is to enhance the operation and maintenance of
the primary flood control system in Collier County, to continue effective flood control by providing
real time data for canal stages and gate positions, and using remote control operations for flood
control structures; and
WHEREAS, COUNTY seeks to allow the construction and operation of a 300-foot tower
for day-to-day operation of the flood control system and emergency response to storm events
benefitting the citizens of Collier County.
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the Parties agree as follows:
1. The COUNTY hereby approves the construction of a self-supporting tower, not to
exceed 300 feet in height, on District owned property located within Collier County, as
referenced in Exhibit"A."
2. The DISTRICT shall ensure that the tower will comply with all rules promulgated by the
Federal Communications Commission, Federal Aviation Administration, and the Florida
Fish and Wildlife Conservation Commission.
3. The COUNTY and the DISTRICT, to the extent permitted by law, assumes any and all
risks of personal injury, bodily injury and property damage attributable to negligent acts
or omissions of the COUNTY and the DISTRICT and the officers, employees, servants
and agents thereof, while acting within the scope of their employment during
performance under this Agreement.
Page 1 of 4,460000
1 6 K 2
4. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either Party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida,
the DISTRICT or COUNTY or its employees, agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida, the DISTRICT or the COUNTY
beyond the waiver provided in Section 768.28, Florida Statutes.
5. The Parties to this Agreement are independent entities and are not employees or agents of
the other Party. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of independent entities, between the DISTRICT, the
COUNTY, their employees, agents, subcontractors or assigns, during or after the term of
this Agreement. The Parties to this Agreement shall not assign, delegate or otherwise
transfer their rights and obligations as set forth in this Agreement without the prior
written consent of the other Parties. Any attempted assignment in violation of this
provision shall be void.
6. The COUNTY and the DISTRICT shall allow public access to all project documents and
materials in accordance with the provisions of Chapter 119, Florida Statutes.
7. COUNTY and DISTRICT recognize that any representations, statements or negotiations
made by DISTRICT or COUNTY staff do not suffice to legally bind DISTRICT or
COUNTY in a contractual relationship unless they have been reduced to writing and signed
by authorized DISTRICT and COUNTY representatives. This Agreement shall inure to
the benefit of and shall be binding upon the Parties, their respective assigns, and successors
in interest.
8. This Agreement may be amended, extended or renewed only with the written approval of
the Parties.
9. This Agreement, and any work performed hereunder, is subject to the Laws of the State
of Florida. Nothing in this Agreement shall bind any of the Parties to perform beyond
their respective authority, nor does this Agreement alter the legal rights and remedies
which the respective Parties would otherwise have, under law or at equity.
10. Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this Agreement, to the extent that the Agreement shall
remain operable, enforceable and in full force and effect to the extent permitted by law.
11. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this Agreement. No waiver shall be effective unless
in writing and signed by the party against whom enforcement is sought. Such waiver shall
be limited to provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing waiver
unless the writing states otherwise.
Page 2 of 4,460000
I 6 K 2
12. 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, electronic or facsimile copy of this Agreement and any
signatory hereon shall be considered for all purposes as original.
13. 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.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT.. . ,.
•
By:
Candida Heater, Director •
Administrative Services Division
SFWMD Office of Counsel
BY:
Date:
SFWMD Procurement
By: — -
Date:
ATTEST: Y BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL,At,lerk COLLIER CO , DA
. .. ,.. 61)..
C.
By: By:
Attest as to C1101040DeP ler WIL AM L. MCDANIEL, JR., CHAIRMAN
SigildUte ' +hJ:
Appro -• as to form an legality:
A.
S. 'r . As' ar
Assistant County Attorney
Page 3 of 4,460000
I' 6 K 2
EXHIBIT "A"
Map of Approximate Tower Location
Page 4 of 4,460000XXXX
•••„ - Cr.• • ;. ,.,. eff 4 ,.
•: •-11 1 r ' ' .til , ' ' -'1.) ' • • '1 :, -I . ''''l'''. . I .,!i• .,.
:.. I 6 K 2
t t'l • ! • ;: I .t.' . ' ,;.11 1 ir 4.. , ! .4; t '' ;. 1,7,' • '
1 4 • . 4..,,, , ,.... , i d..-..•-•.. -; ; 1„i:',.: • .. . It 4.. , .,t•,
.., 1 i ,1, -', ..' * •1 . ' •'I. .'', '? • .1r, ,,; • ' ''
.,i'. . •:I IA •'.i„' , it ..-i `' 1 1 kk k, :4. . ' . ,ctll i 1 :.,,,1„_,,,, t
I,/ ..s. i -4 .1.1 •• -1, 1 ', . : ...‘ I'rf.I 1! ....:I ' l/ - I l' ,
‘1.,1;,* : !••''.'':••..2,: ' s-fl .--'. k q Pc. - • vui; 0- a. i , ,- t
,,-• •t,-.' kit,' 1 :. ' - o'' . ' - `-'' • . ,..,... ... .........--.......•,..---..... ... .,1. . .. . .. , •
- '
1 ''•. I/. .r. : . ' , ' • 1 / •. I. . ,,
I • ,.
0 . r.!•,• ' .,, , ' 42' 1
ii.w...--,.....4 i t • • I
.. .
,„,„_.1,, , , . •
• . .
. • .4'r.• ,. . .
. ,• . .
. 4 I
. ..
..„.. . . .
•,. „:. . .•'.N __..1 ;.21' .
. •
. ...,,...,..... • .....4 ,.,.,.... ,, ,
• • .
. •....,,......... • . , ..,.m.m.',......."...4.,!f,-crIkirr-•-,•-•
7,
..-............,...,..• .0*---,"34.1.6.3.1.-,.....*Ikarr..—--.-•••• • •••.---,....-••••••.,s'-•••••••...."1...t..I^;.1.:•1,.,-1............. ..".n..* .I.,
• . *
.•. ' • .2 0/1•4A.4...•44:. ,,
, 1
... . „ . .
• .
• . ., .41, i „,,,
....
. • ,,, . ,
• 1 ,
l•
....` .. — .
• ..i..!t '' , --' ,,A ift SO ' .• • . ,i: *
, . . -
. .
. • • .. ..1*" .,. '' '"J .;.: • ' 14...;.1.1 `; ''n • i i • , .•
• 4 411 ,. ,
, ., ,...„. ,', 1 4 ,*••,, ,* •4'':. . Ail.tO... .. , . ." ..„•. ,7,, •
I -I .,f•t.', .;;.. ,Wm.. .'-• .,' . ""‘e.3 1 . ". . t*.• 4
. .
i . •7.444 • ' •. , ...
I( 01';'S''*: •''' • ' ... . , . -, . -., •
,
.4 I.
• . i ' ,. , 1. t.,,,, • •, Ia.
..1, A .- r . t
. , . • ‘fi' 'of- • .
...........„. ..v • .........mmirkkir....T.4 ';
l'•lid 11 ' 41__. , ,ilr. ,,..... _ -.
' licc.-.. ,- , •
__74 I* . '''7' -,-.; . •.„
.' ;;,.;44 ' ',
• I -
a. : -.. ',IV. ;i „ a
' tflj AtilliMlftt,•'7 . . k / r•110 ".r:
41 I
1* 4, t ''"'‘'*•"'"''' ' •
•-•, ,
'...... , , ,...
..............--....--
......... .:, •• it jit..,
C.681::ttlri
C7 1 i f
. • • - P4:-.A,1. • 7 -r • .,-7t,.,-, "'w --- -o- ve
‘,L12. • :P rl.. it:15...:4, ri,-. 7, li", -.:::•
.. -4 .-4,/ .7.3'• ir_ • • l't.. -. „„ •4•Vco l' -00P
, 0 Little Ueequeblid._,......1
,'L,.....
el "-* • ...1.
,. •4 • , •
Vireo'',n Air:Ail!' •.-, .,. ... • . :
- i a.1..,4.....,..,• ,•,- •---. ., ,iv, i _ore t.-..,..e.....r.......‘,
41, . . VIli .
......-' - 0 .' , '.. St,,:, •,i
• CE.:',,,./..4? r ,,! . ,..s. , 2 .
• .. Li. .
...„
... 4. .1)4-
.,_.Alt; - .,.. 4'•
''''''-:- 'Ti, %.101-:.:‘ .. .,i-ai ..' ,..• • op
.. .
•. .. J..' 311--,.:..1. '',
..
11/4\.
,
t al-
,i , , 40 ... .
S. „, • ..1-.-
v•-191111.L111.0.-41101111111r La he.T ra if°rd•lid —..,_
.
, . ; •" ' ' •• .;
) 1
1,..-Hass!R deft-Q k• . • .%-.-... , ' i
•
. ,
,.e,11,. ,i, ••--CO.., , -
''.''';Pe rch I-'I I-- . _ - _•_,-
, . ..... -,• ,.. - • .I, . %I .A. ,...t.: .-,-. ., ,r,
,•,1 :.= ...S, .., - ..k, , .. • ,.. •4 --‘ .
'IF- - lk:r-• ..
1„Quallitorost Rd • -MiahEirTiiDr
"- '-. ' ' 14. • •••• • r - •- El• ......4...I . fr.,...,...
• Deer,Iiiin lid ' ' . _C.
.. II' • -
.11 I Witi-ilon ftcl
, ''.La ke•Ln.9,r.
IL ......el .
r .2 ,.....
,. ar 1 • yo'fid.N
-.,r- -,;-,-,-. •,,,--0.•.3 12,21 - •. ., .. . .
•
• I. laylor-Rd,c - -
-' •• - . ..- -, • . . \
- 40,..*, - ip. - • •...,.. . * • , 44., ':,,
..1
. a •
-.....It
.. 1-•-
.. • ..-
-at's•Csfim,, Big Cypress Basin/SFWMD CommunicationDI Tgwer
R•
,z ,,
N This map is a conceptual or planning tool only.The South Florida Water
9, -,41 0 0.1 0.2 0.3 0.4 Miles Management District does not guarantee or make any representation
5.;-.1a1,,P South Florida Water Management District __I\4/Lt._ ,. I I I I I regarding the information contained herein.It is not self-executing or binding.
3301 Gun Club Road,West Palm _Beach.Florida 33406 ,-.„--zr• and does not affect the interests of any persons or properties,including any
m m 561-686-8800; vw.sbud.gov I I I I present or future right or use of real property and is exempt from public
4-,...,19V._ S 0 0.15 0.3 0.45 Kilometers records disclosure and confidential under Section 119.071(3)(a)(1),Florida
Statute.
in-
Map Produced on Date:6/22/2022 - SFIMAD,
1 Ke
andrew.youngblood(a colliercountyfl.gov
From: BosiMichael<Michael.Bosi@colliercountyfl.gov>
Sent: Monday, August 15, 2022 1:08 PM
To: FrenchJames<James.French@colliercountyfl.gov>; CookJaime<Jaime.Cook@colliercountyfl.gov>
Cc:GuitardDonna <Donna.Guitard@colliercountyfl.gov>; LynchDiane<Diane.Lynch@colliercountyfl.gov>;
YoungbloodAndrew<Andrew.Youngblood@colliercountyfl.gov>
Subject: RE: Executed Agreement for Tower
Diane, Zoning will record the agreement with the Clerk.
Thanks,
mike
From: FrenchJames<James.French@colliercountyfl.gov>
Sent: Friday, August 12, 2022 6:05 PM
To:CookJaime<Jaime.Cook@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>
Cc: GuitardDonna <Donna.Guitard@colliercountyfl.gov>; LynchDiane<Diane.Lynch@colliercountvfl.gov>
Subject: FW: Executed Agreement for Tower
FYI
Respectfully,
Jamie
Jamie French
Growth Management Community Development Department
2800 N. Horseshoe Drive, Naples, Florida 34104
Office (239) 252-5717
Co icr County
Grcwth Management Department
From: Koehler, Lisa <lkoehler@sfwmd.gov>
Sent: Friday, August 12, 2022 11:32 AM
To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>; AshkarSally<Sally.Ashkar@colliercountyfl.gov>
Cc: FrenchJames<James.French@colliercountyfl.gov>; CookJaime<Jaime.Cook@colliercountyfl.gov>
Subject: Executed Agreement for Tower
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Jeff and Sally
Thank you so much for your help with the agreement for the new communication
tower. Attached is the fully executed document. Does this need to be filed with anyone
else?
Respectfully,
2
16KZ
Lisa Koehler
Basin Administrator
Big Cypress Basin, SFWMD
2660 N. Horseshoe Drive, Suite 101 A
Naples FL 34104
239-263-7615 ext. 7603
**Or my cell at 239-289-4405
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
3
i6KU
y4�Ea n�a,y'c
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LL d sY LOCAL GOVERNMENTAL AGREEMENT
T
a
s
AGREEMENT NO. 460000 4640
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
This Agreement is entered into as of JlJhe nt104.by and between the South Florida
Water Management District (DISTRICT) and the Board of County Commissioners of Collier
County,Florida(COUNTY) collectively referred to as the "Parties".
WHEREAS, the DISTRICT is a government entity operating pursuant to Chapter 373,
Florida Statutes; and
WHEREAS, COUNTY is a political subdivision of the State of Florida; and
WHEREAS, the purpose of this agreement is to enhance the operation and maintenance of
the primary flood control system in Collier County, to continue effective flood control by providing
real time data for canal stages and gate positions, and using remote control operations for flood
control structures; and
WHEREAS, COUNTY seeks to allow the construction and operation of a 300-foot tower
for day-to-day operation of the flood control system and emergency response to storm events
benefitting the citizens of Collier County.
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged,the Parties agree as follows:
1. The COUNTY hereby approves the construction of a self-supporting tower, not to
exceed 300 feet in height, on District owned property located within Collier County, as
referenced in Exhibit"A."
2. The DISTRICT shall ensure that the tower will comply with all rules promulgated by the
Federal Communications Commission, Federal Aviation Administration, and the Florida
Fish and Wildlife Conservation Commission.
3. The COUNTY and the DISTRICT, to the extent permitted by law, assumes any and all
risks of personal injury, bodily injury and property damage attributable to negligent acts
or omissions of the COUNTY and the DISTRICT and the officers, employees, servants
and agents thereof, while acting within the scope of their employment during
performance under this Agreement.
Page 1 of 4,460000 4640
16Ka
4. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either Party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida,
the DISTRICT or COUNTY or its employees, agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida, the DISTRICT or the COUNTY
beyond the waiver provided in Section 768.28,Florida Statutes.
5. The Parties to this Agreement are independent entities and are not employees or agents of
the other Party. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of independent entities, between the DISTRICT, the
COUNTY, their employees, agents, subcontractors or assigns, during or after the term of
this Agreement. The Parties to this Agreement shall not assign, delegate or otherwise
transfer their rights and obligations as set forth in this Agreement without the prior
written consent of the other Parties. Any attempted assignment in violation of this
provision shall be void.
6. The COUNTY and the DISTRICT shall allow public access to all project documents and
materials in accordance with the provisions of Chapter 119,Florida Statutes.
7. COUNTY and DISTRICT recognize that any representations, statements or negotiations
made by DISTRICT or COUNTY staff do not suffice to legally bind DISTRICT or
COUNTY in a contractual relationship unless they have been reduced to writing and signed
by authorized DISTRICT and COUNTY representatives. This Agreement shall inure to
the benefit of and shall be binding upon the Parties,their respective assigns,and successors
in interest.
8. This Agreement may be amended, extended or renewed only with the written approval of
the Parties.
9. This Agreement, and any work performed hereunder, is subject to the Laws of the State
of Florida. Nothing in this Agreement shall bind any of the Parties to perform beyond
their respective authority, nor does this Agreement alter the legal rights and remedies
which the respective Parties would otherwise have,under law or at equity.
10. Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable,as against any person,entity or circumstance during the term hereof,by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this Agreement,to the extent that the Agreement shall
remain operable,enforceable and in full force and effect to the extent permitted by law.
11. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this Agreement. No waiver shall be effective unless
in writing and signed by the party against whom enforcement is sought. Such waiver shall
be limited to provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing waiver
unless the writing states otherwise.
Page 2 of 4,4600004640
1 6 K 2
12. 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, electronic or facsimile copy of this Agreement and any
signatory hereon shall be considered for all purposes as original.
13. 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.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By: 6gxoGi�laa
Candida Heater,Director
Administrative Services Division
SFWMD Office of Counsel
BY: ).�,./ ( 1 ,
Date: 7/29/2022
SFWMD Procurement
By:
Date:July 29 2022
ATTEST: t,;‘ ..,, ", BOARD OF COUNTY COMMISSIONERS
CRYSTALK.KINZEL�C1erk COLLIER CO , DA
6N
).•
By: if d.�ji ii By:
Attest as t0 ChalrmsidDO: ler `! WIL AM L. MCDANIEL, JR., CHAIRMAN
signature + 1lYd , 1
,.., ,,,
Appro -• as to form an. legality:
IPL
j S S. '� . As ar
Assistant County Attorney
ke 7i11\v
Page 3 of 4,460000 4640
16K �
EXHIBIT "A"
Map of Approximate Tower Location
•
•
•
4600004640
•
Page 4 of 4,460000XXXX
•
Y�J
_ it 1-. 1y 3 . 1E.' 1,� !i r 4 '.� Ir 1. {r I- ii Ii 11 ''I' :I Ir,1 i , ,
r .11�1 .fc ..•:1) � , r' Y r�, i f 111 r I I Itf' + 'I ,t
t j, e r +r ` ,t R 1' I it I I .III . • 1
• , tt I' C4 r! •I (l •1 I l '•
•
I1 1,(.( y 4' f 4lx'. - ;! E.# 1 i 'I i I,. 1 ''i _
r h i• N. , d I 1�I I1+ 1. +,j: I I ,,, . I r-- ,,, , , , 1, h �.. �„.„..►:„d....,....., _........�
.T .Tww�— .'wr I;' IR I I. I• r ,'.-1'''' 1. ,_�`• ,
1 1 F
•
t 1 1 ` J
.. -. .r•w.�-. �vi'T"Y-•«- �•bt ' Yw6N0arrrr'Iwr ,• ,..•+.Mo•r^'_.w
T
L
I .2 1
n4
+ .r
•
,r II ) X...r• �4,•
: { V
Pt if, .,,.. •• i' 1• ' s.
4,-i. I ,y
J1t' . m i 1 le
i'
—1144,
�^ •
, �� L'1tIIn,ILran(f)M 1K11• ...+ .. N.
1 0 e ,+fit r I'In1i.
•
Q. _ d�. . r.. -, I'II� is �(- �, •7.
' .
V II1 - It ��ry',I a IF U
I• •�1, __ ,4-.. a . IT.
Lr.dkD�Tra11on1•I;d•�• . �t1 ,r I .w .1i
fIrw4
•�1i .11,...I 1:,16 r r
�1,0i.I is u;•.!t11.+-','I •
I.
r
a``� 'I Orcll'l'll(^�. 112 •
Ouail lioost lid Modhlnip)r R
`I�eer+liini I;dl
'Ps WlIT;loi)RI •
e
aLako•L'n'efr ,
—
111. oe•
I..—hltcn.L.n.....g
'ti ,„layIo..fidrs4 .
'r. `,
4
10
I
Big Cypress Basin/SFWMD Communication0l,Ipygier
. 4111111)
N This map is a conceptual or planning tool only,The South Florida Water
0 0.1 0.2 0.3 0.4 Miles Management District does not guarantee or make any representation
South Florida Water M.e.gement District
I I I l I regarding the information contained herein.It is not self-executing or binding.
3301 Gun Club Road,West Palm Beach,Florida J]d0a W II and dons not elect the Interests of any persons or properties,Including any
6a1-0aedM00;www.sh•md.gov T. I I I 1 present or future right or use at real property and Is exempt from pudic
SlFN[Q)fl.agi 0 0.15 0.3 0.45 Kilometers records disclosure and confidential under Section 119.071(3)(a)(l),Florida
Statute.
Map Produced on Date.6/22/2022 4600004640 SFWMD Y
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 K 2
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.
** 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 routingiines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
i.
2.
3. County Attorney Office County Attorney Office
S,4/n7 '/2`l/Z
4. BCC Office Board of County
Commissioners L#1 y pm 3/z5fzz
5. Minutes and Records Clerk of Court's Office 1 /47%7,
_
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 Sally Ashkar,Assistant County Attorney Phone Number 252-8842
Contact/Department
Agenda Date Item was 6/2per0v Agenda Item Number 16.K.12
Approved by the BCC 11,011
Type of Document(s) Agreement No.4600004640 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(instead of stamp)? N/A
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 legality. (All documents to be signed by Yes
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 Yes
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 Yes
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 Yes
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 uploaded to the
agenda. 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_6/28/2010_and all changes made SA N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the SA N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
I 6 K 2
S�Pt�R MANgC
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
y LOCAL,� ,a GOVERNMENTAL AGREEMENT
AGREEMENT NO. 460000 4640
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
This Agreement is entered into as of iUne,n1104,,by and between the South Florida
Water Management District (DISTRICT) and the Board of County Commissioners of Collier
County, Florida(COUNTY) collectively referred to as the"Parties".
WHEREAS, the DISTRICT is a government entity operating pursuant to Chapter 373,
Florida Statutes; and
WHEREAS, COUNTY is a political subdivision of the State of Florida; and
WHEREAS, the purpose of this agreement is to enhance the operation and maintenance of
the primary flood control system in Collier County, to continue effective flood control by providing
real time data for canal stages and gate positions, and using remote control operations for flood
control structures; and
WHEREAS, COUNTY seeks to allow the construction and operation of a 300-foot tower
for day-to-day operation of the flood control system and emergency response to storm events
benefitting the citizens of Collier County.
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged,the Parties agree as follows:
1. The COUNTY hereby approves the construction of a self-supporting tower, not to
exceed 300 feet in height, on District owned property located within Collier County, as
referenced in Exhibit"A."
2. The DISTRICT shall ensure that the tower will comply with all rules promulgated by the
Federal Communications Commission, Federal Aviation Administration, and the Florida
Fish and Wildlife Conservation Commission.
3. The COUNTY and the DISTRICT, to the extent permitted by law, assumes any and all
risks of personal injury, bodily injury and property damage attributable to negligent acts
or omissions of the COUNTY and the DISTRICT and the officers, employees, servants
and agents thereof, while acting within the scope of their employment during
performance under this Agreement.
Page 1 of 4,460000 4640
E ��
16K Z
4. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either Party any remedy or defense available to
such party under the laws of the State of Florida; (2) the consent of the State of Florida,
the DISTRICT or COUNTY or its employees, agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida, the DISTRICT or the COUNTY
beyond the waiver provided in Section 768.28,Florida Statutes.
5. The Parties to this Agreement are independent entities and are not employees or agents of
the other Party. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of independent entities, between the DISTRICT, the
COUNTY, their employees, agents, subcontractors or assigns, during or after the term of
this Agreement. The Parties to this Agreement shall not assign, delegate or otherwise
transfer their rights and obligations as set forth in this Agreement without the prior
written consent of the other Parties. Any attempted assignment in violation of this
provision shall be void.
6. The COUNTY and the DISTRICT shall allow public access to all project documents and
materials in accordance with the provisions of Chapter 119, Florida Statutes.
7. COUNTY and DISTRICT recognize that any representations, statements or negotiations
made by DISTRICT or COUNTY staff do not suffice to legally bind DISTRICT or
COUNTY in a contractual relationship unless they have been reduced to writing and signed
by authorized DISTRICT and COUNTY representatives. This Agreement shall inure to
the benefit of and shall be binding upon the Parties, their respective assigns, and successors
in interest.
8. This Agreement may be amended, extended or renewed only with the written approval of
the Parties.
9. This Agreement, and any work performed hereunder, is subject to the Laws of the State
of Florida. Nothing in this Agreement shall bind any of the Parties to perform beyond
their respective authority, nor does this Agreement alter the legal rights and remedies
which the respective Parties would otherwise have,under law or at equity.
10. Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person,entity or circumstance during the term hereof,by force
of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not
affect any other term or provision of this Agreement, to the extent that the Agreement shall
remain operable, enforceable and in full force and effect to the extent permitted by law.
11. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this Agreement. No waiver shall be effective unless
in writing and signed by the party against whom enforcement is sought. Such waiver shall
be limited to provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing waiver
unless the writing states otherwise.
Page 2 of 4,4600004640
JJ•SLY
16K 2
12. 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, electronic or facsimile copy of this Agreement and any
signatory hereon shall be considered for all purposes as original.
13. 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.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date first written above.
kp
I
1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
_o
R.-,�oLi �iiPa �
By: �
Candida Heater, Director
Administrative Services Division
SFWMD Office of Counsel
BY: C I'a.a-
Date: 7/29/2022
SFWMD Procurement
By:
Date: Lily 29, 2022
ATTEST. t,:,,4on ry .: BOARD OF COUNTY COMMISSIONERS
CRYSTALI .'kINZEL;t(erk COLLIER CO , DA
62.2
By: s By:
Attest d5 t0 ChainpilegD�p' c Clerl ...� WILL AM L. MCDANIEL, JR., CHAIRMAN
signature , ly..
Appro • as to form an egality:
iik
S. wig . As' ar
Assistant County Attorney
liJ
Page 3 of 4,460000 4640
I
U K 2
EXHIBIT "A"
Map of Approximate Tower Location
(
!f.
i'.
I'.
it
4600004640
Page 4 of 4,460000XXXX
it
'ibej.' , 1.'.4 • tlq''f I; 4%r 'IC ' : ' .4 1 4: •.. . : : •
( 1 i
• a Z_r' '%,4 ti •, 1..jr1
• +"�"��..r'•�yq�n�/M�+mAC81,aYY.1. L,. •.CIS"'R •4 .
• t
. . ). . ' 41111""I:-44.411Y414"-". • 1,
•
Yy , . tr I •r !.
•
im.r peprerRd— , `' '. i`ls,,., 1 _ a
0 Plii--• .t 1 ,,,,,,,
• f l t .. •. + �.. .. ..
•
r`- r •v� • Wrj t • i 1r %.• nE
if.
!-L
C t� L'Ittle Le pue R J�'ti ►ony R,....ough
c. _
a .J� t •VtroolLnm• !,' a,!�' ,•• •
„irks Jr ..)`� ~a
Ct fit., . . • I 1
4n y •86 ;,g.�' , i, •,i.tkf• lr..tttord ,:� -
MyersiRd ra;sb i • -k';
•
1 . r _, L`. ke•T ra ff ord a Rd � 4.�•••-� ~ "�•� r
I rl , i I r ''j
•
r`%�-Porch•PI�'' _ .. '* t
•
} _ k IF-
►(Dual'Rooet•Rd Miraham)Dr .
Deer•Run-Rddd i " `~ -
II. VVirston Rti
...Lake•Ln 9_'r
. -Altce•Ln-'g
v +<
- -iv- .r•.. --fir ..9 320 .'Rd•a . _
` I �Zaybr.Rd,S . _ .-
�l ' `‘.
l— •
s
Big Cypress Basin/SFWMD CommunicationDTg er
l'i t N This map is a conceptual or planning tool only.The South Florida Water
9 i}� Oi 0 0.1 0.2 0.3 0.4 Miles Management District does not guarantee or make any representation
iGy+A�<-I South Florida Water Management District ' I ) 1 I I regarding the information contained herein.It is not self-executing or binding.
•5oy."�. "jpd: 3301 Sun ChM Road,West Palm Beach,Florida 33406 W 4 E and does not affect the interests of any persons or properties,including any
- 561-686-8800;www.efwmd.gov I I I I present or future right or use of real property and is exempt from public
_--,-- S 0 0.15 0.3 0.45 Kilometers records disclosure and confidential under Section 119.071(3)(a)(1),Florida
Statute.
Map Produced on Date:6/22/2022 SFWMD
� ram'