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Backup Documents 05/26/2015 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI' 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOii VV A 1 4 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. **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 4. BCC Office Board of County �N b`f Commissioners VD P 1/ (,Q fi 116- 5. 155. Minutes and Records Clerk of Court's Office fiY\ 6`t it-5 3.53 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 Marlene Messam,Principal. Project Phone N tuber 252-5773 Contact/ Department Manager Agenda Date Item was May 26,2015 ✓ Agenda Item Number 16 A. 14 ✓ Approved by the BCC Type of Document Amended Wall Agreement Number of Original 1 Attached Documents Attached PO number or account (Only when the document is to be recorded number if document is in the Public Records) 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? 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 ' 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 Ai 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 J 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 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 5/26/15 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's 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 t e Chairman's signature. 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 16A14 MEMORANDUM Date: June 2, 2015 To: Marlene Messam, Principal Project Manager Transportation Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amending an agreement approved April 23, 2013 between Collier County, Eagle Creek of Naples Condo Association and Eagle Creek Community Association that provided for the construction of"noise" walls associated with Collier Boulevard Intersection Improvement Project 60116 and approving a payment of$31,004 for tree replacement Attached for your records is a copy of the document referenced above, (Item #16A14) approved by the Board of County Commissioners on Tuesday, May 26, 2015. The original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16A14 AMENDMENT TO WALL CONSTRUCTION AGREEMENT This AMENDMENT TO WALL CONSTRUCTION AGREEMENT (the "Amendment") is made and entered into this a(P' day of M IA _, 20 IS , by and between Eagle Creek of Naples Condominium Association. Inc., a Florida not-for-profit corporation (the "ECN"), Eagle Creek Community Association, Inc., a Florida not-for-profit corporation (the "ECCA"), and Collier County, Florida, a political subdivision of the State of Florida(the"County"). WHEREAS, on April 23, 2013, the County, ECN and ECCA entered into a Wall Construction Agreement (the "Agreement"), relating to the construction of walls identified in the Agreement as the "South Wall" and the "North Wall"(collectively, the "Walls"); and WHEREAS, in Exhibit "D" of the Agreement, the County identified certain trees that needed to be removed to make way for the construction of the Walls, as well as those trees that could remain; and WHEREAS, pursuant to Paragraph 11 of the Agreement, the County agreed to replace any trees that were removed due to construction of the Walls, and ECN and ECCA agreed to assume sole responsibility for the trees after accepting them; and WHEREAS, construction of the Walls has required removal of all trees shown in Exhibit "D" of the Agreement, and the County has determined that the total cost of the replacement trees is approximately $31,004.00; and WHEREAS, all parties agree that the County will provide ECN with a lump sum payment of the estimated tree replacement value instead of the County providing the replacement trees. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by the parties), the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Paragraph 11 of the Agreement is deleted in its entirety and hereby replaced with the following: The parties agree that all trees depicted on Exhibit"D" required removal and need to be replaced. ECN agrees to replace the trees, and the County agrees to pay for the replacement value of the trees. The County shall provide a lump sum payment of $31,004.00 to ECN for the total replacement value of the trees, based on the cost analysis attached as Exhibit "E," within 60 days of the effective date hereof. Upon ECN's receipt of the lump sum payment, the County shall be relieved of any obligations and responsibilities relating to the replacement of trees depicted in Exhibit"D." 4x8/15 CA( 16A14 3. Exhibit "E," the Cost Analysis for Tree Replacement, attached hereto and incorporated by reference herein, is hereby added to the Agreement. 4. Except as provided herein, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT BROCK,tiler COLLIER COUNTY, FLORIDA By: • By: er,a4te.e., aillSAtoll- ty Clerk Tim Nance, Chairman : 1. signature opty. Approved as to form and le ality: Scott A. Stone Assistant County Attorney WITNESSES (TWO) Eagle Creek Community Association, Inc. Print Name: � l C\l 1 I C BrO()Cr By: Gti • Q!014 Kt (1-&t 141 l tie- t Name: Laura_ +'r-'I. (CORPORATE SEAL) Item# Agenda —tS [14-TRM-00128/1 170172/1 J Date 4/28/15 Rec'd 16A14, STATE OF T UR-1\* ) CO 1I ) SS: COUNTY OF L \E ) The foregoin > trurr�en w acknowledged before me this 2� day of II_ 20 Cj , by �U�'P V as �,hgly nyouf ECCA., a Florida not-for-profit corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) pm e,(S l,(«nSC as ident'fi at'a n. 0 ft :am* / i ItNotary Public State of Florida Notary Public Melanie Brauer Ala Expires 1W21/2018 845337 \C l l\C ((C I U IC r Printed Name r My commission expires: 10- 2.1 - w i ( WITNESSES (TWO) Eagle Creek of Naples Condominium Association, Inc. ,,----,\ Ili •. L i Print Name: N V- 'o n c B(c uer • By: 6A. at,e,----- C_ : '4, /6666 not Name: t_A j(� W t�r (CORPORATE SEAL) STATE OF}LO' - \R ) CO I SS: COUNTY OF O L L C The foregoing,instrument as acknowledged before me this 2 day of 11 1 20 l3 , byN"6 te• ° iiLeftE,i0ifiEcN., a Florida not-for-profit corpora t on, on behalf of the corporation. He is personally known to me or has produced (type of identification) _ f\\JQ(S U CO nSe, as ident' ation; 1 4 0 116e)1W07 el. Notary Public State of Florida Notary Public Melanie Brauer y� Al ExMy pires Commission 10/21/2018 EE 845337 (��IC 1 is ¶I?ii n Ue r '�l� d' Expires mssio EE ,�j `` � /J G Printed_Name My commission expires: 1 C - � 2O ll✓ [14-TRM-00l28/1 1 701 72/1 4/28/15 0 i Exhibit E A14 Cost Analysis for Tree Replacement Tree Disposition-Andrew Eisle,lic 'Tree Disposition -Stanley Consultants(Wall Agreement) (5/17/13;4/24/14)Plan - t ; Installation, Warranty Cost Per Specification For Tree p location Disposition Type Tree M Disposition Quantity Plant Replacement for Tree 2 North ROW } To Remain Sabal Palm _ 2 Removed 1 $ 25300 14'-18'OA Slicked_ 3 North ROW To Remain Oak Tree 3 Removed 1 5 46000 65 gal/14'-16'OA 4 North ROW To Remain Sabal Palm 4 Removed 1 S 253 00 14' 18'OA Slicked North ROW To Remain Sabal Palm 5 Removed 1 S 253.00 14'-18'OA Slicked G North ROW To Remain Sabal Palm 6 Removed I 5 253.00 14'-18'OA Slicked 7 North ROW To Remain Sabal Palm 7 Removed 1 5 253.00 14'18'OA Slicked 8 North ROW To Remain Sabal Palm 8 Removed 1 $ 253 00 14' 18'OA Slicked 9 North ROW To Remain Saba!Palm 9 Removed 1 $ 253.00 14'-18'OA Slicked IC North ROW To Remain Oak Tree 10 Removed T 1 $ 460.00 65 gal/14'-16'OA 11 North ROW To Remain Oak Tree 111 Removed 1 $ 460.00 65 gal/14'-16'OA 12 North ROW To Remain Sabal Palm 121 Removed 1 5 253.00 14'-18'OA Slicked 3 North ROW - To Remain Sabal Palm 13( Removed 1 5 253.0014'-18'OA Slicked _4 North ROW To Remain Oak Tree 141 Removed 1 $ 460.00 65 ga-/14'-16'OA 5 North ROW To Remain Saba!Palm _ 15 Removed 1 $ 253 00 14'-18'OA Slicked 16 North ROW Remove Saint Palm 16 Removed 1 5 253 00 14'-18'OA Slicked 17 North ROW Remove Sabal Palm 171 Removed 1 $ 253 00 14'-18'OA Slicked 18 North ROW To Remain Sabal Palm 1B Removed 1 $ 253.00 14'-18'OA Slicked 19 North ROW To Remain Oak Tree 19 Removed I 5 460.00 65 gal/14'-16'OA 20 North ROW Remove ( Sabal Palm 201 Removed 1 S 253.00 i 14'-18'OA Slicked 21 North ROW To Remain Sabel Palm 211 Removed 1 $ 253.00 14'-18'OA Slicked 22 North ROW To Remain Oak Tree 22 Removed 1 S 460.00 I 65 gal/14'-16'OA 23 North ROW To Remain Sabal Palm 23 Removed 1 $ 253.00 . 14'-18'OA Slicked 24 North ROW Remove Sabal Palm 24 Removed 1 S 253.00 I 14'-18'OA Slicked 25 North ROW To Remain Sabal Palm 25 Removed 1 $ 253.00 14'-18'OA Slicked 26 North ROW To Remain Oak Tree 26 Removed 1 $ 460.001 65 ga1/14'-16'OA 27 North ROW 1 To Remain Sabal Palm 27 Removed 1 $ 253.00 14'-18'OA Slicked 28 North ROW I To Remain Sabal Palm _ 28 Removed 1 5 253 OC 14'-18'OA Slicked 29 North ROW To Remain Oak Tree 29 Removed 1 S 460.0C 65 gal/14'-16'OA 30 North ROW To Remain Oak-Tree 30 Removed I S 460 00 65 gal/14'-16'OA 31 North ROW to Remain Sabal Palm 31 Removed 1 $ 25300 14'-18'OA Slicked 32 North ROW To Remain Sabal Palm 32 Removed 1 $ 253.00 14'-18'OA Slicked 33 North ROW To Remain Oak Tree 33 Removed 1 $ 460.00 65 gal/14'-16'OA 34 North ROW To Remain Sabal Palm 34 Removed 1 S 253.00 14'-18'OA Slicked 35 North ROW To Remain Saba!Palm 35 Removed 1 5 253 00 14-18'OA Slicked 36 North ROW To Remain Oak Tree 36 Removed 1 $ 460.00 65 gal/14'-16'OA 37 North ROW To Remain Sabal Palm 37 Removed 1 $ 25300 14'-18'OA Slicked 38 North ROW Remove Sabal Palm 38 Removed I 5 253.00 14'48'OA Slicked 39 North ROW To Remain Oak Tree 39 Removed _ 1 5 460 00 65 gal/14'-16'OA 40 North ROW To Remain Sabal Palm 40 Removed 1 5 253.00 14'-18'OA Slicked 41 North ROW To Remain Oak Tree 41 Removed 1 S 460 00 65 gal/14'-16'OA 42 North ROW To Remain Sabal Palm _ 42 Removed 1 5 253-00 14'-18'OA Slicked 43 North ROW Remove Sabal Palm 43 Removed 1 5 253.00 14' 18'OA Slicked 44 North ROW Remove _ Sabal Palm 44 Removed 1 $ 253 00 14'-18'OA Slicked I 45 North ROW To Remain Sabal Palm 45 Removed 1 5 253.00 14'-18'OA Slicked 46 Not Identified Not on Plan Not on Plan 46 Not on Plan SUBTOTAL $ 14,283 00 47 South/FOOT ROW Remove Saba!Palm 47 Removed 1 5 253.00 14'-18'OA Slicked 48 South/FOOT ROW Remove Saba!Palm 48 Removed 1 5 253.00 14'-18'OA Slicked 49 South/FOOT ROW Remove Saba!Palm 49 Removed I 5 253 00 14'-18'OA Slicked 50 South/FOOT ROW Remove Sabal Palm 5C Removed 1 5 253 00 14'-18'OA Slicked 51 South/FOOT ROW Remove Sabal Palm 51 Removed 1 $ 253.00 14'-18'OA Slicked - 52 South/FOOT ROW Remove Sabal Palm 52 Removed 1 $ 253.00 14'-18'OA Slicked 53 South/FOOT ROW To Remain Oak Tree 53 Removed 1 $ 460.00 65 gal/14'-16'OA 54 South/FDOT ROW Remove Sabal Palm 54 Removed 1 5 253.00 14'-18'OA Slicked 55 South/FDOT ROW Remove Saba!Palm 55 Removed 1 S 253.00 14'-18'OA Slicked (7,,$) ■ r . 16A- 14 1 ig, i 56 South/FOOT ROW Remove Sabal Palm 56 Removed 1 $ 253 00 14'-18'OA Slicked 57 South/FDOT ROW Remove Sabal Palm 57 Removed 1 $ 253.00 14'-18'OA Slicked 58 South/F DOT ROW Remove t Oak Tree _ 58 Removed 1 5 460.00 65 gal/14'-16'OA S9 South/FOOT ROW Remove Sabal Palm 59 Removed 1 S 253.00 14'-18'OA Slicked 60 South/FOOT ROW Remove Sabal Palm 60 Removed 1 5 25300 14'-18'OA Slicked bl South/FOOT ROW To Remain Sabal Palm 61 Removed 1 5 25300 14'-18'OA Slicked 62 South/FDOT ROW Remove Sabal Palm 62 Removed 1 5 253.00 I 14'-18'OA Slicked 63 South/FDOT ROW Remove Oak Tree 63 Removed 1 S 460.00 65 gal/14'-16'OA 64 South/FOOT ROW Remove Sabal Palm 64 Removed 1 $ 253.00 14'-18'OA Slicked 65 South/FOOT ROW Remove Sabal Palm 65 Removed 1 $ 253.00 14'-18'OA Slicked 66 South/FOOT ROW Remove Sabal Palm 66t Removed 1 5 253.00 14'-18'OA Slicked 67 South/FDOT ROW Remove Sabal Palm 671 Removed 1 $ 253 00 14'-18'OA Slicked 68 v South/FOOT ROW Remove ! Sabal Palm 681 Removed �1 $ 253 00 14'-18'OA Slicked 69 South/FOOT ROW Remove Oak Tree 69i Removed 1 5 460 00 65 gal/14'-16'OA 70 South/FOOT ROW To Remain Sabal Palm } 701 Removed 1 5 253 00 14'-18'OA Slicked 71 South/FOOT ROW Remove Sabal Palm 71 Removed 1 5 253.00 14'-18'OA Slicked 72 South/FOOT ROW _Remove Sabal Palm 721 Removed 1 - 5 253.00 14'-18'OA Slicked 13 South/FOOT ROW Remove Sabal Palm _ 731 Removed 1 1 $ 253.00 14'-18'OA Slicked 74 South/F DOT ROW , To Remain Sabal Palm 741 Removed 1 $ 253.00 14'-18'OA Slicked 75 South/FOOT ROW Remove Sabal Palm 75 Removed 1 $ 253.00 14'-18'OA Slicked 76 South/FOOT ROW Remove Sabal Palm 76 Removed 1 ^$ 25300 14'-18'OA Slicked 77 South/F DOT ROW Remove Sabal Palm 77 Removed 1 $ 253.00 14'-18'OA Slicked 78 South/FOOT ROW To Remain Sabal Palm 78 Removed 1 $ 253.00 14'-18'OA Slicked 79 South/FOOT ROW Remove Saba Palm 79 Removed 1 5 253.00 14'-18'OA Slicked 80 ; South/FOOT ROW Remove Saba',Palm 80 Removed 1 S 25300 14'-18'OA Slicked 81 I South/F DOT ROW '- Remove_ Sabal Palm 81 Removed 1 5 253 00 14'-18'OA Slicked 82 South/F DOT ROW Remove Sabal Palm 82 Removed 1 5 253 00 14'-18'OA Slicked 83 South/F DOT ROW Remove Sabal Palm 83 Removed 1 5 253.00 14'-18'OA Slicked 84 South/F DOT ROW Remove _Saba)Palm 84 Removed 1 5 253.00 14'-18'OA Slicked 85 South/FOOT ROW To Remain Sabal Palm 85 Removed 1 $ 253.00 14'-18'OA Slicked 86 South/FDOT ROW Remove Sabal Palm 86 Removed 1 5 253.00 14'-18'OA Slicked 87 T South/F DOT ROW lhhh Remove Sabal Palm 87 Removed 1 S 253.00 14'-18'OA Slicked 88 South/FOOT ROW Remove Sabal Palm _. 88 Removed ^_ 1 $ 253.00 14'-18'OA Slicked 89 South/FOOT ROW } To Remain Sabal Palm 89 Removed 1 5 253.00 14'-18'OA Slicked 90 South/FOOT ROW Remove Sabal Palm 90 Removed 1 $ 253.00 14'-18'OA Slicked 91 South/FOOT ROW Remove Sabal Palm 91 Removed 1 $ 253 00 14'-18'OA Slicked 92 South/FDOT ROW Remove - Sabal Palm 92 Removed 1 5 253 00 14'-18'OA Slicked 93 South/FOOT ROW Remove Sabal Palm 93 Removed 1 5 253 00 14'-18'OA Slicked 94 South/FOOT ROW Remove Sabal Palm 94 Removed 1 . 5 253.00 14'-18'OA Slicked 95 South/FOOT ROW Remove Sabal Palm 95 Removed 1 S 253.00 14'-18'OA Slicked 96 South/FOOT ROW To Remain Sabal Palm_ 96 Removed 1 5 253 00 14'-18'OA Slicked 97 South/FOOT ROW Remove Sabal Palm 97 r--Removed 1 5 253.00 14'-18'OA Slicked 98 South/FOOT ROW Remove Sabal Palm 98 Removed 1 5 253-00 14'-18'OA Slicked 99 South/FDOT ROW Remove Sabal Palm 99 Removed 1 5 253.00 14'-18'OA Slicked 100 South/FDOT ROW Remove Sabal Palm 100 Removed 1 5 253 00 14'-18'OA Slicked 101 South/FOOT ROW Remove Sabal Palm 101 Removed 1 5 253 00 14'-18'OA Slicked 102 South/FDOT ROW To Remain Sabal Palm 102 Removed 1 - $ 253.00 14'-18'OA Slicked 103 South/FOOT ROW To Remain Sabal Palm 103 Removed 1 $ 253.00 14'-18'OA Slicked 104 South/FOOT ROW Remove Sabal Palm 104 Removed 1 $ 253 00 14'-18'OA Slicked 105 South/FOOT ROW Remove Sabal Palm 105 Removed 1 $ 25300 14'-18'OA Slicked 106 South/FDOT ROW Remove Sabal Palm 106 Removed 1 5 253.00 14'-18'OA Slicked 107 South/FOOT ROW To Remain Slash Pine 107 Removed 1 $ 460.00 20'-22'(12'-14'=$160) 108 South/FOOT ROW Remove Sabal Palm 108 Removed 1 5 253.00 14'-18'OA Slicked SUBTOTAL $ 16,72100 TOTAL 5 31,004.00 i i 1 Ct7. 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