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Agmt w/CCSO (Concrete Wall)AGREEMENT THIS AGREEMENT is made and entered into on this Z8 day of 2012, by and between the Collier County Sheriff's Office, whose mailing address is 3219 East Tamiami Trail, Building J, Naples, FL, 34112 (hereinafter referred to as "Sheriff "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WITNESSETH: WHEREAS, the westbound lanes of Oil Well Road have been moved thirty (30) feet further to the north as a result of the six - laning of the roadway; and WHEREAS, Sheriff has requested and County has agreed to construct a concrete wall between the roadway and the mobile home as shown on Exhibit "A;" and WHEREAS, Sheriff acknowledges that it will be responsible for continuing and perpetual maintenance of not only the interior but also the exterior surfaces of said wall; and WHEREAS, Sheriff acknowledges that County will have no obligation whatsoever for the maintenance and /or repair of said wall. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. County shall construct an eight (8) foot high concrete wall in substantially the same location as is shown on Exhibit "A." 2. Sheriff shall assume complete and total responsibility for maintenance, repair and /or replacement of said wall 3. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and may only be modified by written amendment thereto. 4. This Agreement is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Sheriff hereby releases, holds harmless, defends and indemnifies County for and from any and all damages, claims, liabilities, actions, costs and expenses (including without limitation reasonable paralegal and attorney's fees and costs), penalties or fines incurred by or asserted against the County by reason or arising out of the Associations, it's agents, contractors, or employees' performance hereunder. 6. This Agreement is governed and construed in accordance with the laws of the State of Florida. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.) Agreement Page 2 IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: 2 - Z8 - Zo I Z_ ATTEST- DWIGH K; Clerk Clerk t3 AS -00,SH ER�F Witne s (Si ature) Name: (rQnCso Q G• s.�i�yh� (Print) Witness (Signature Name: ri / z qg l glcy4g�_C (Print) BOARD OF COUNTY COMMISSIONERS COLLIE UN YaO BY: n�� Fred W. Coyle, Chairman COLLIER CO NTY SHERIFF'S OFFICE By: _ irEV-IN KA BOSK, Sheriff w J Q LL O z O LL z J >J w O a. O ry n CD z_ O 2 U) O O d J Q r' W Q EXHIBIT A I 1 C z z LU a 2 1 Ow Q 1 J w � � 1 w J W I w L C- W r; 4� Li., ,r u.