Resolution 1989-100
APRIL 11, 1989
destroyed. She noted that the Seminole Tribe leaders have requested a
cleanup which would allow them to deposit the trash at the Landfill.
Coaaissloner Goodnight moved, seconded by Commissioner Hasse and
carried unanimously, that the Seminole Village be allowed free use of
the landfill for disposal of debris from the fire.
..... Co.-fssioner Goodnight moved. seconded by Commissioner
Shanahan and carried unanimously, that the following items
under the Consent Agenda be approved and/or adopted: ...._
Ite. .14.\1
PROPOSALS AUTHORIZED FOR PLANNING CONSULTANIS TO ADMINISTER THE
C~U.LTY DEVELOPMENT BLOCK GRAHl PROGRAM AND APPOINT A SELECTION
COMMITTXE
A five member selection committee to include
representatives from the Housing and Urban
Improvement Department, the Purchasing
Department. the County Managers Department.
the Community Development Services Oivisio!l
ann the County Agl'icuJ ture LlPpartment in
ImmokaJee
Ite. '1.A2
PIXAL PLAT OF PLANIATION - WITH STIPULATIONS
1. That the Escrow Agreement be accepted as security to guaran-
tee completioll of the Subdivision improvements.
2. That the recording of the final plat of Plantation be
authorized.
3. That the Chairman be authorized to execute the Construction
and Maintenance Agreement.
See Pages
lPl- t9 . / - A. IJ-tP
.
Ite. '1.A3
REPLAT OP TRACT "A", UNIT TWENTY-T!R!E OF MARCO BEACH
Ite. 'UC1
COXTIKUATION GRAHl FOR FUNDING UNDER THE FLORIDA COMMUNITY CAR! FOR
THE ELDERLY ACT (AREA AGENCY ON AGING)
See Pages -1kfl-~lJ.J~__I3'~___
Itea .1..D1
SEWER PACILITIES ACCEPTANCE - ROYAL MARCO WAY ______
Recorded In OR Book 1432, Pages ~O-17g ~
Ite. '1.02
RESOLUTIOX NO. 89-100 AUTHORIZING EXECUTION OF UTILITIES RELOCATION
AGREEMIXT WITH FOOT FOR RELOCATION AND CONSTRUCTION OF WATER/SEWER
LIKKS OX S.R. 9~1 BETWEEN APPROXIMATELY MAINSAIL DRIVE AND THE MARCO
ISLAXD BRIDGE; AND RE-EXECUTE REVISED F.D.O.T. AGREEMENT FORMS PROM
APPROXIMATELY MAINSAIL DRIVE TO PORT-AU-PRINCE ROAD.
Page .11
/j7
"~~_n"._W"_' _...~_~._,_.._
APRIL 11, 1989
(
(
I"ORM 72:"'.'
I."
"AGE I 01" I
STATe 0,. "1..0""0'" O"P"'RTMI[NT 01" TnANSPORT'.Tl0N
DIVISION 0,.. P",r.CONSTFtUCTION AND o~oo:rGN
COUNTY RESOLUTION
UTILITY RELOCATION AGREEMENT
COUNTY SECTION UTILrT 'f J'J~1 flO STATE ROAD NO. COUNTY NAMf.: ,"...ReIH. n. n/w JOll NO.
----- ----
03 030 ES09 951 Collier 1 NIl'.
^ ItESOI.L!TIlIi'\ ,\l:TII<)I(I/I\(; i:\EU'T10i'\ OF AN UTILITIES AGlli':E\lEi'\T FOil TilE '\IJJl'~T'\!ENT.
CIIAN(; E (!It 1l1,:LOC,\'/'IO,\ OF U:llT..\Ii'\ LTII,ITI1-:5 11'1'1'111:'\ TilE IUI ;11'1'.01-'-\1\ \ I.""TS \I 1:1: 1';'\ FTEIl
IJESCHIIlI:IJ. ""'II 1'IlIIUIJI.\I; \\ 111:\ '1'111." ItI:,IJI.UTIOi'\ "11.11.1. '1',\"1'; I:I'TI':CT,
ItI-;SOI.UTlON NO_ 1;9-100
ON ~I()TIO~ OF LIJIIIIIlI~~inrl!'r
Goodnight
.. .":I~r'olltll'd by Clll1l1l1i...::-iolll'r
Sh~n~n;ln
____ . IIIl' fllllo\\--illg HC:'lIllllioll wa~ ;111111'1"11:
part
WIlf.REAS, the
of Slale Road
Flurida f)(partmcnt of Transportation rropo5r~s 10 construct or n'CfJlIslruc[ n
Slate or
951
,\!XlJ \\IIEIlL\S. ill orcin for 111l' :-Ia!c or Floriuil Department (JfTr;III~pol'r;llilllllo (IIrllll'fand cOflll'ldl!
Slid projl'l'l. il i..; r1I"'f'~~iln llt;ll I"l-rLlin 1l1il;lie~ and/or facilities within 1111: Iti:.dll.of-\\'ay Ijllljl~ of :,uifl Slllll~
!lo;ltl 951 _._____ IH' adjuslcd. dWlIl!f:d Of rdllcall:d.
\i\f) \\ "!-:II I';,\:-'_ II... '1<11.-
Cnllip-r
1)l'partllH'1l1 of Tr;lIlSporlatioll
dWllgl'~ or re!onJlilJl1s of "'aid
IW"II dill\- ,'oll."idl'/"l"l.
of Floriuil LJpPilrtmcnt uf Tran~l'urtillioll lla\'ill~ r,.lplI:sll:d tlw County of
, Floritla, 10 CX~CUII~ alld ddivl'f to the SI:lle of Florida
all lItilities Agreement, agreeing (0 Illake or cause 10 he lII:ulc !':t1ch :1lJju~IJlwnt~1
utilili,'s alld/or fal:ilitics as sel uut ill ~wid ^gn'f'IIH~nl. :11111 :-;aid felJ"~81 having
,\'ll'\ TlIEHI,TI)I:I: 1:/.: IT IIL"':(".\"I~O IJY the BO:lrd Ill' Counly CO"lllli~siOl]l'rS of IIIl' CIIIIIII\ of
Cn 11 i pr . Flurid:l, Ihat lilt' Chairman and CII:rk of the nllanl or
COIIIlI\' CfllllllJisSIOlll'rS III' and an' Ill'n'h~' ;lIl1ll1lrio,,1 10 11I;lkl:, Cx.':l'lIlc alia ddi\'l~f 10 Ihe Slill,' of Flllri":l
''''p:ntlllt'lIl of Tr;lIlsporl:llioll all I !lilitil'~ ,\g:rl'I'nJt'lll for the adjll~tllll'l1l, chalt~(: fIr rt'hlC'nlitlll or l~l:rl:ril1l1lililil'S
will1iTl thr. Hi~hl.or.W:lY lirnil.~ of ~aid ~l;tlf' HO;1I1 __. qC; 1 Sef"lion 01010-~..9.L-.__ i
HL IT H J:TIIU: I:L....:(II.\ UI 111:11 IJll~ H('~lIl11liotl lit: fOf\\ardl'd IlJ lIlt' .";I"I,~ "I' FI"rid" IJ"f1l1rlllu.'1I1
or 'I'rall"l'l,rLltiltll ;11 Tall.dl;l~~"", rl",.,d;1.
I.NTltlJI,It'Cl-:lJ ,INIJ I'.ISSCIJ by
COlli'IIv, Floric'Jn.lll r!'J;ulilr ~I'~~ion. this
.~.:~ . , . <1,,-
Ih,' I~t',lrd (,j!:,nuil\ (,'HllIlli-,~i'HllT~ "I' _C::~~li~_~_______
---1.l.t:.h.-_ d<l~ "r -- .c.priL-__________. I') -3-9-.
.
::~
~~
, I: ,;,irll1;1.1l Ilr Ihr 1I11,lrj "I" 1:<JIIIlly l:ullllllj~lIinllrrll
~: :
~'
';'" '.
r _
-'
-"
'Ji
,-:")
,~ ,
Cl....cy
~-=~L>
r n";I.,,1 nf'Cf)lJlj;.(I:"'lIlt1i;~i"'H'(~
APRIL 11, 1989
~
FORI< NO. 710-010-62
2/89
Page 1 of 3
STA TE OF FLOR t 0..... DEPARTMENT OF TRAI1$PORT A T I ON
UT III TV AGREEHEtH
(At County Expense)
t '<<PI tlO.
I 1114091
SECTIQU /l0.
030
STATE
95]
:\OAO
CQUtlTY !lAKE
Coll ;pr
P^R &
1
JOB HO.
hlinQ
FAP UO.
n/a
TfiIS ACRE01[HT J made and entered Into this nt.hd~y of Apri 1 , 198..9.-, by and
between the ST.'. TE OF FLOR I OA OEPARl HEllY OF TR^p.,'$PORT AT I ON. he re i na f ter ca 11 cd the DEPARTHENT f and the
COUllTY OF Call ier II polltlc,,1 subdivision of the Stllte of Florida,
acting by <!Ind through its Board of County Comdufoners, hereinafter referred the COUNTY.
WlTtlESSETH:
WHEREAS, the DEPARTMENT is constructfng, reconstructfng or otherwise changing a portion of the State
HIgh.....")' System desfgnated by the DEP^RTHENT .IS Job No. 6509 I Road No. 951 , from
Mario Isl. Ar.toNnrth of /olrt;nc,rti1 nr;vp, which ,hall call for tho relocation of tho COUNTY'S
facilities along, over and/or under said hlghnay,
NOW,THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the
parties as f~llows:
1. The COUNTY agrees to make or cause to be made all ar;angements for necessary adjustment or
changes of fts facilities where located on publ ic property at COUNTY.S own expense and in accordance with
the provisions of Rule 014-46.01 "Utility Acco",modation Cuide,lI Florfda Administrative Code, dated Hay It,
1970j any supplements or revisions thereof as of the date of this Agr~ement, ~htch, by reference hereto,
are made II part of this Agreement; and the plans, designs and specifications of the DEPARTMENT for the
construction or reconstruction of said portions of the State Highway System, prfor to the advertising for
bid on $lid project. The COUNTY further agrees to do 1I11 of such ,,"ark wIth Its own forces or by a
contractor paid under II c~ntract let by the COUNTY'S all under the directiOn of the DEPARTHENT.S
engineer.
2. The COUNTY further agrees that said adjustments, changes or reloclltion of fllcilfties will be made
by the COUNTY with sufficient promptness so as to cause no delay to the DEPARTMENT or 1ts contractor 1n
the prosecution of such construction or reconstruction work; provided, however, that the COUNTY shllll not
be re"ponsiblc for delllY beyond its controlj and that such "Relocatton Work" will be done under the
direction of the DEPARHIENT'S engineer: and the COUNTY further agrees thllt in the event the changes,
adjustments or reloclltion of such facilities or utilities are done simultllneously with the constructton
project, that it will be directly responsible for handling of any legal claims thllt the contractor may
initiate due to delays caused by the COUNTY'S negligencej and that the COUNTY will not proceed w1th the
ReloclItion Work" with Its own forces nor advertise nor let a contract for such work unttl it has received
the DEPART~ENT'S written authority to proceed.
p~~r-c.C3-
I~q
APRIL 11, 1989
FORM NO. 710-010-62
2/89
Page 2 of 3
3. The COUtITY f.,~ther llgrees the'll It will maintain and keep in repair, or cause to be maintained end
kept In repair, all of such adJu~tedJ changed or relocated COUNTY owned or operated (actlttles or
uttllttu within the right of way of said portion of the Shte Highway Sy~temj and to comply with all
provi1ions of the 13"'1 Including Rule 014-46.01.
Ii. The DEPARTMENT agrees to furnl$h the COUNTY with all necessary highway construction plans that
c'lre required by the COWJIV to facilltiltc the (QUIlTY'S "Relocation ~Iork".
5. The 1l(f'ARTltUlT turtlll:r ,.yrc~:. tll.lt the COUNTY mi:ly relocate its facilities upon the Statet,
rlght-ot-way. according to ttw l.:rms 01 the Handud permit required by the Stllte Statutes tor occupancy
of public rlght~-(If-way. and ell publi~hed regulations lawfully adopted by the OEPARTHENT as ot the date
of this ^9r~emef1t.
6. It is nJtually "greed that the COUNTY'S phn., maps or sketches showing any such facilities or
uti lltll!!s to be adjusted, changed or relocated art: made a part hereof by relerence.
7. The COUllTY covenants and agre~s that It "ill Indemnify and hold harmleu to the extent provfded
by Florida Statutes, 768.28, the DEPARTHENT and all of the DEPARTHEtlT'S officers, agents and employees
from any claim, loss, damage, cost, charge or ~xpense arising out of any act, action, neglect or omissIon
by the COUNTY during the performance of the contract, whether direct or indirect. and whether to .ny
person or property to which Department or said parties may be subject, except that ne1ther COUNTY nor any
of its subcontractors will ~e liable under this sect10n for damages artsfng out of injury or damago to
person or property directly caused or resulting frOm the sole neg11gence of the DEPARTMENT or any of fts
officers, agents or employees.
8. The COUNTY will inform the Department's approprfate Resident Engineer In writIng when they start
or resume work on the project.
APRIL 11, 1989
FORti tlO. 710-010-62
2/'9
Page 3 of 3
1/1 WIH1ESS WHEREOF, the partle~ hcreto ha'lll cluud theu presents to be e;Jl,ecuted by thel,. duly
author-fred officers, and their official ~eal$ hereto affixed, the day and year first above wrftten,
COUNTY'~'
'.', ~
' '~' -
'OY:
ltl., BGC Chairman
(SEAL)
,
~;: : JAME:i' C, GILES
'~TTE,ST.'~~',~~~~ /&~....iJt!-
.. (Tltl',' 1 r \
I,. .',
";;.1
Florid. Department of Transportation
BY,
(SEAL)
(Title:
ATTEST:
Executive Secretary
Leg.l Review: Date:
suHlclency
BY:
ATTORNEY - fOOT
omoy
APPROVED
By:
Date:
Utflltfes Office
O~47-C.~
Iql
APRIL 11, 1989
FORH NO. 710-010-62
2/89
Page 1 of 3
S~ATE OF fLORIDA DEP,I.,RTHEHT OF TRMISPORTAT10N
UT I L I TV AGRED-:E1H
(M County Expense)
WPI NO.
11140gZ
SECT! ON NO.
030
STATE ROAD
gSl
C:UNTY NAME
Cnl1ipr
PAR & JOB NO.
1 ~c,ll1
rAP NO.
n/a
THIS AGREEMENT, made and entered Into thIs ---l.l.tlillY of ^pl"il ,198-4-.' by and
beb'een the STATE OF FLORIDA DEPART'1t.NT OF TRANSPORTATION, hereinafter called the OEP.A.RTHEHf. and the
COmITY OF Call ier II pollttcal subdlvhlon of the State'of Florid.,
acting by and through its Board of County Commissioners, hereInafter referred the COUNTY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing. reconstructing or other"ise changfng II portion of the State
Highway System designated by the DEPARTMENT u Job No. 6510 . Road No. 951 . From North of
Mainsail Dr. to N. of Port-Au-Prince , which shall call for the relocation of the COUNTY'S
tact I i ti es along, over and/or under sa i d hi gh"ay.
NOW,THEREFORE, in con51deration of the mutual covenants hereinafter contained. It fs agreed by the
parties a5 follows:
1. The COUNTY agrees to make or cause to be made all arrangements for necessary adjustment or
changes of Its facilitie5 where located on public property at COUNTY'S own expense and tn accordance with
the provhlons of Rule 014~"6.01 "Utility Accommodation Guide," Florida ^drninhtratfve Code, dated Hay It,
1970; any supplements or revisions thereof as of the date of this Agreement. which, by reference hereto,
are made a part of this Agreement; and the plans, designs and speclflcation5 of the DEPARTMENT for the
con5truction or rer.on5tructlon of said portlon5 of the State Highway System, prior to the advertising for
bid on said project. The COUNTY further agr~es to do all of such work with its own forces or by a
contractor paid under a contract let by the COUNTY'S ell under the direction of the OEPARTMENT'S
engineer.
?:. The COUNTY further agrees that 5aid adjustments, change5 or relocation of factlftfes ,,111 be mede
by the COUNTY with sufficient promptnes5 50 as to cause no delay to the DEPARTMENT or fts contractor tn
the prosecution of such construction or reco~struction work; provided, however, that the COUNTY shall not
be respons i b 1 e for del ijy beyond 1 t5 contro ,; and tha t 5uch lORe 1 ocet i on Work" ,..i1 \ be done under the
direction of the DEPARH1ENT'S engineer; and the COUNTY further lIgree5 that in the event the changes,
adjustments or relocation of such facilities or utilities are done simultaneously with the construction
project, that It will be directly responsible for handling of any legal claims that the contractor may
fnltiate due to delays caused by the COUNTY'S negl{~(nce; and that the COUNTY will not proceed with the
Relocation Work" with its own forces nor lIdvertise '.or let a contract for such work until it has reeelved
the DEPARTMENT'S written authority to proceed.
Q~49-C..!F
Iq'V
f,
APRIL 11
1989
FORM NO. 710-010-62
2/89
Page 2 of 3
3. Tl"le COUNTY further agrees that it wll: 1I'l1lfntafn and keep in replllr, or cause to be llIafntained and
kept In repair, all of such adjusted, chang'!d or relocated COUNTY o'f'lned or operllled hcf11tlcl or
utlHtiu wlthln the right of way of slid portion of the State Highw"y System; Ilnri to comply ,,1th 1111
provfstons of the laP!'. including Rule 011+-46.01.
-. The DEP^RTMENT agrees to furnish the COU~TY with all necessary hlghw"y constructfon plans that
Irll required by the COUNTY to (acll1tllte the r:OUNTY'S "Relocation Work",
5. The DEPARTMENT further agrees that the COUNTY may reloco!Ite its facilities upon the Stille's
rfght-of-"IIY, according to the terms of the standard permit required by the Stale Statutes tor occupancy
of public rights-of-way, and all published regullltlon:!. lawfully adopted by the DEPARTMENT u of the date
of thl:!. Agreement.
6. It is mutually agreed that the COUNTY'S plans, maps or sketche:!. showing any such factlftfes or
utilities to be adjusted, changed or relocated are made a part hereof by reference.
7. The COUNTY covenants and agrees that It "Ill indemnify and hold harmless to the e:w.tent provided
by Florida Statutes, 768.28, the DEPARTMENT ilnd ell of the DEPARTMENT'S officers, agents and elIlployees
frOfll any claim, loss, damage, cost, charge or e:w.pense arising out of any act, action, neglect or omission
by the COUNTY during the performance of the contract, whether direct or Indirect, and whether to any
person or property to which Department or said parties may be subject, e:w.cept that neither COUNTY nor any
of Its subcontractor:!. will be liable under thl:!. section for damages arising out of injury or damage to
person or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its
offfcers, agents or employees.
8. The COUNTY will inform the Department's appropriate Resident Engineer in writing when they start
or resume work on the project.
Qa-r 4/9- c. 6
Iq~
APRIL 11, 1989
FORM NO. 710-010-62
2/89
Pa;e 3 of 3
Itl '<<lTNESS WHEREOF, the partie~ hereto have clused these presents to be executed by thefr duly
olIuthorhed officers. and their offlclal se"Jh hereto llHhed, the day and year- first abo....e ..dtten.
COUNTY :
Cnllipr
/i~~
.... (Tft1e:. Hr.r. r.t:A TRMAi.J
. : " ~~S C, ~S
c~ ~TTEST~' ~;>/d/_ '-;K/_~
.';"., ..r(Tltle CoT F:RK ", ;/
~y, '
(SEAL)
.2J f' ,
)
..
.\ ',\',
Florida Department of Transportation
BY,
(SEAL)
(Tith:
ATTEST:
Executi....e Secretary
legal Revle": Date:
BY,
-.
fflclency
ATTORNEY - FOOT
~PROVED
By:
Date:
Utilit1es Office
/q1
g~ ~9-C.7