Backup Documents 04/08/2025 Item #16B12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1 2
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 routing_lines#I 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. (Enter your Dept here)
3. County Attorney Office County Attorney Office
,44,1; Vic/
4. BCC Office Board of County BS by MB
Commissioners [s] y 11-5
5. Minutes and Records Clerk of Court's Office
(")(114) u:E'� '`�+ t '�r�2S
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was U Agenda Item Number �t
Approved by the BCC l/��Z 161312
Type of Document(s) Number of Original
Attached /410(/ 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 signature?(stamped unless otherwise stated) M13
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 MB
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 MB
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 MB
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 MB
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 gig and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County Attorney .<1 L an option for
Office has reviewed the changes, if applicable. /1 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 . k/e10 an option for!
Chairman's signature. J'� T ths„l,ine
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
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MEMORANDUM OF AGREEMENT
BONITA ESTERO RAIL TRAIL
Located within Lee and Collier Counties, Florida
This Memorandum of Agreement ("Agreement") is made and entered into by and between The
Trust for Public Land, a California nonprofit corporation ("TPL"), Collier County, a political
subdivision of Florida, by and through its Board of County Commissioners, ("Collier County"),
the City of Bonita Springs, a municipal corporation of the State of Florida ("Bonita Springs") and
the Village of Estero, a municipal corporation of the State of Florida ("Estero").
WHEREAS, TPL, Collier County, Bonita Springs and Estero desire to acquire an approximately
11.4-mile railroad corridor and associated lands owned by Seminole Gulf Railway,L.P. ("SGLR")
located in Lee and Collier Counties as depicted in Exhibit "A" attached hereto (collectively
referred to herein as the "Tract"); and
WHEREAS the purpose of said acquisition is to develop a rails to trails projects wherein the
railroad right-of-way (ROW) corridor is converted from rails to a pedestrian and bike trail and;
WHEREAS Collier County,Bonita Springs and Estero(and the Lee County Metropolitan Planning
Organization) have previously cooperated to develop and submit federal grant applications to
purchase this railroad corridor and develop this rails to trail project and;
WHEREAS, the parties agree that it is in the best interest of Collier County, Estero and Bonita
Springs and TPL to cooperate on certain aspects of this project; and
WHEREAS, the TPL has agreed to take the lead in ordering preliminary due diligence products,
including but not limited to appraisals, appraisal reviews, boundary surveys or sketches, title
search products, environmental assessments and the like in order to facilitate the acquisition of the
Tract by Collier County, Bonita Springs and Estero;
NOW, THEREFORE, in consideration of the mutual benefits to Collier County, Bonita Springs,
Estero, and TPL it is agreed that:
1. Parcels Covered by this Agreement: The Tract of land identified in Exhibit "A", attached,
are the only parcels of land subject to this Agreement.
2. Pre-Acquisition Requirements and Costs: TPL, when it deems appropriate, will acquire and
initially pay for all pre-acquisition due diligence products, including but not limited to
appraisals, appraisal reviews, boundary surveys or sketches, title search products,
environmental assessments and the like and any other studies, inspections to accurately value
and ascertain the actual condition of the Tract ("Pre-Acquisition Costs"). TPL shall follow all
the rules and requirements of Collier County, Bonita Springs, and Estero, included herein, so
that the due diligence products may be relied upon by all parties. TPL will procure the cost
estimate and engagement letter for each of the Pre-Acquisition Costs and allow Collier County,
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Bonita Springs and Estero to review for approval prior to engagement. Upon written approval
from each party to proceed, TPL will order the due diligence product and then invoice each
party for reimbursement. The Pre-Acquisition Costs will be provided to the parties for review
and approval and, if approved, split equally between the three (3) parties (Collier County,
Bonita Springs,and Estero). TPL shall provide a copy of all due diligence products to all parties
within 3 business days after completion.
a. Appraisal(s). Collier County,Bonita Springs,Estero and TPL previously jointly funded the
completion of an independent appraisal with an effective date of September 9, 2020. TPL,
at its sole cost, has procured an updated appraisal with an effective date of March 13, 2024
completed by the same independent appraiser (the "Appraiser"). TPL will provide a copy
of this appraisal report available upon request. Collier County, Bonita Springs, Estero and
TPL all likely will require an additional update of the appraisal prior to acquisition and
possibly a second independent appraisal report or appraisal review report(s). Parties agree
to collaborate with the completion of any appraisal report update, additional appraisal(s)
and review appraisal(s).
b. Title Review. TPL has already obtained a title commitment for the Tract, which will be
made available to the parties to review. Collier County, Bonita Springs, and Estero may
review the title commitment and will provide TPL notice of any title objections.
c. Environmental Site Assessment. TPL will contract with an environmental consultant to
conduct a Phase I Environmental Site Assessment("ESA") of the Tract, naming all parties
to this Agreement as intended users that may rely on the report. Should a Phase 2 ESA be
recommended, the parties acknowledge that any testing protocol will be agreed to in
advance by all parties.
d. Boundary Survey. TPL will contract with a professional land surveyor to conduct an ALTA
survey of the Tract. The survey will be certified to all parties that may take title to the Tract
or a portion thereof.
3. Acquisition, Construction, and Management Responsibilities. Estero, Bonita and Collier
County will work to reach agreement regarding collective or cooperative responsibility to raise
the acquisition, construction and management funding necessary to complete the trail.
4. Confidentiality: The parties will maintain the confidentiality of all appraisals. Regardless of
anything contained herein, parties governed by Chapter 119, Florida Statutes, shall maintain
confidentiality subject to the terms and limitations set forth in section 125.355, F.S. and other
applicable law. All parties shall disclose confidential information to their employees on a
"need to know" basis only.
5. Steering/Coordinating Committee. Estero, Bonita, and Collier agree to form and participate in
a steering committee comprised of one elected official from each local government and a lead
staff member. TPL and Friends of BERT will designate a liaison to this committee as well.
1 6B 1 2
This committee will meet regularly to discuss and coordinate activities associated with the
purchase of the rail corridor.
6. Terms and Conditions of Transfer: TPL holds site control of the Tract pursuant to a binding
purchase agreement with SGLR. TPL shall offer Collier County, Bonita Springs and Estero
the opportunity to enter into a purchase agreement with TPL for the purchase of the Tract from
TPL subsequent to TPL's acquisition of the Tract.
7. Notices and Pre-Acquisition Invoices:
a. Collier County— County Manager, 3299 Tamiami Trail East, Suite 202, Naples,
FL 34112-5746. Telephone: (239) 252-8383
b. Bonita Springs—City Manager, 9101 Bonita Beach Road, Bonita Springs, FL 34135.
Telephone (239) 949-6262
c. Estero—Village Manager 9401 Corkscrew Palms Circle, Estero, Fl 33928. Telephone;
239.221.5035. Email: info@estero-fl.gov*
d. TPL— Southeast Region Conservation Director. 1834 Hermitage Blvd, St. 100,
Tallahassee, FL 32308. Telephone: (850) 212-6859. Email: doug.hattaway@tpl.org and
legal-notices@tpl.org
8. Termination: Notwithstanding any provision to the contrary, this Agreement shall terminate
no later than June 30, 2026. Any approved Pre-Acquisition Costs incurred by TPL prior to
this date will be reimbursed pursuant to the terms herein. Any costs incurred after June 30,
2026 will not be reimbursed.
9. Assignment of Interest. No party will assign or transfer any interest in this Agreement
without prior written consent of the other parties.
10. Successors and Assigns. The Parties each bind the other and their respective successors and
assigns in all respects to all of the terms, conditions, covenants, and provisions of this
Agreement.
11. Third Party Beneficiaries. This Agreement does not create any relationship with, or any
rights in favor of, any third party.
12. Severability. If any provision of this Agreement is declared void by a court of law, all other
provisions will remain in full force and effect.
13. Non Waiver. The failure of any party to exercise any right in this Agreement shall not be
considered a waiver of such right.
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14. Governing Law and Venue. This Agreement is governed in accordance with the laws of the
State of Florida. Venue shall be in Lee County.
15. Attachments. All exhibits attached to this Agreement are incorporated into and made part of
this Agreement by reference.
16. Amendments. The parties may amend this Agreement only by mutual written agreement of
the parties.
17. Captions and Section Headings. Captions and section headings used herein are for
convenience only and shall not be used in construing this Agreement.
18. Counterparts. This Agreement may be executed in any number of and by the different parties
hereto on separate counterparts, each of which when so executed shall be deemed to be an
original, and such counterparts shall together constitute but one and the same instrument.
19. Construction. This Agreement shall not be construed more strictly against one party than
against the other merely by virtue of the fact that it may have been prepared by one of the
parties. It is recognized that both parties have substantially contributed to the preparation of
this Agreement.
20. Entire Agreement. This Agreement constitutes the entire Agreement and supersedes all prior
written or oral agreements, understandings, or representations.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for the uses
and purposes therein expressed on the day and year first above-written.
THE TRUST FOR PUBLIC LAND, a California nonprofit corporation
By:
Its:
CAra
16B1 2
COLLIER COUNTY, FLORIDA
By: CGe,,,.,Q.
Burt L. Saunders, Chair
Board of County Commissioners
ATTEST: APPROVED AS TO FORM
CRYSTAL K. KINZEL.CLERK OF THE CIRCUIT
COURT .1ND COMIPTROELER
•
as ta,
itignaturcptt,, -• 4411;,
\ ! Clerk Jeffr: A • latzkow
Colli•r my Attorney
(SEAL)
coo
i 6B1 2
CITY OF BONITA SPRINGS
ATTEST (By Corporate Officer)
By: By:
Print: Print:
Title: Title:
1 6 B 1 2
VILLAGE OF ESTERO
ATTEST (By Corporate Officer)
By: By:
Print: Print:_
Title: Title:
1 6 B 1 2
EXHIBIT "A"
The Property (Phase 1)
The approximately 11.4-mile corridor from the Northern edge of Estero Parkway south to the corridor's terminus at
the northern ROW extension of the Wiggins Pass Road. The segment is depicted on the following graphic and
labeled as Phase 1.
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Bonita Estero Rail Trail
COLLIER AND LEE COUNTIES TRUST
A PUBLIC
1901 il LAND
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