Backup Documents 09/08/2015 Item #16D 1 IORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 El 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUItt
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 I
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. Colleen Greene County Attorney Office CO
Vl1 '& 01 •q• is
4. BCC Office Board of County -Thi
Commissioners \r\ ‘ /// "AeV5
5. Minutes and Records Clerk of Court's Office q,Ia'l< ''.1PRli'A''
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 Natali BetancurjPLb\\`fie ce. . Phone Number 239-252-4059
Contact/ Department �s^1/
Agenda Date Item was 09/08/15 Agenda Item Number 16D1!�
Approved by the BCC
Type of Document AgreementNumber of Original 2
Attached \.. o�C..e-, /5ckC)& Documents Attached
PO number or account
number if document is 7�
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? �1< C:\___._ \i"N
2. Does the document need to be sent to another agency for additional signatures? If yes, NB
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 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 NB
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 NB
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 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 09/08/15 and all changes made during NB N/A is not
the meeting have been incorporated in the attached document. The County an option for
• Attorney's Office has reviewed the changes,if applicable. tliis line.
•. .9. Initials of attorney verifying that the attached document is the version approved by th NBis not
BCC,all changes directed by the BCC have been made,and the document is ready fo the .s tion for
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. .24.05;Revis-. 1/30/12
1 6 0 1 {
MEMORANDUM
Date: September 10, 2015
To: Natali Betancur, Operations Analyst
Park & Recreation — Beach & Water
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Lease Agreement w/Pinecrest Elementary — Dreamland Park
Attached for your records is an original as referenced above, (Item #16D1) approved by
the Board of County Commissioners on Tuesday, September 8, 2015.
The second original is being kept by the Board's Minutes & Records Department
as a part of the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
MottTon i
From: MottToni
Sent: Tuesday, August 18, 2015 5:06 PM
To: BetancurNatali
Cc: WilliamsBarry
Subject: FW: Dreamland Park Interlocal - Pinecrest Elementary School
Attachments: 20150817094518787.0f
Hi Natali,
We will deliver these original documents to you for further processing once the BCC has
approved on Sept. 8th.
Thank you.
Toni
Original Message
From: Eastman, Thomas [mailto:EastmaTh(acollierschools.com]
Sent: Monday, August 17, 2015 9:58 AM
To: WilliamsBarry
Cc: MottToni; GarbyDerrick; BetancurNatali; GreeneColleen; AlvarezAnnie; Fishbane, Jon
(Jonathan); Otero, Rhosie; Antonacci, Sandra; JORDAN, Susan; KUTZ, TIMOTHY; ROULEAU, MARC;
Roman, Adrian; Conrecode, Thomas; Stump, David; Patton, Kamela
Subject: FW: Dreamland Park Interlocal - Pinecrest Elementary School
Barry,
Hope that you are having a good vacation. Attached please find the Lease Agreement for
Dreamland Park at Pinecrest Elementary School that has been signed by the School Board.
In your absence, I will deliver two (2) original documents to Toni Mott for eventual
processing for the BCC's consideration. If approved by the BCC, please provide me with a
fully executed original of the Lease Agreement. Thanks
Thomas Eastman
Director, Interagency, Real Property & Regulatory Coordination Collier County Public Schools
5775 Osceola Trail 1 Naples, FL 34109
p: 239.377.0267 1 f: 239.377.0501
eastmathPcollierschools.com
Pursuant to School Board policy and administrative procedures, this e-mail system is the
property of the School District of Collier County and to be used for official business only.
In addition, all users are cautioned that messages sent through this system are subject to
the Public Records Law of the State of Florida and also to review by the school system. There
should be no expectation of privacy.
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440 � County
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Agenda Item Details
Meeting Aug 11, 2015 - Regular School Board Meeting
Category Consent Agenda - Legal Services
Subject D1 Lease Agreement - Collier County - PCR
Access Public
Type Action (Consent)
Fiscal Impact No
Budgeted No
Recommended Approve D1 Lease Agreement - Colllier County - PCR
Action
Public Content
Federal Statute N/A
Florida Statute 1001.42
School Board 7510
Policy
Executive In 1994, the District School Board of Collier County, Florida (the "District") and Collier County
Summary (the "County") entered into an agreement for the installation of playground equipment on the
campus of Pinecrest Elementary School ("PCR") to create a public park, in the southeastern
corner of the site, which is commonly known as Dreamland Park. After years of use by the
general public, the County eventually removed the playground equipment. The County now
desires to install new playground equipment to restore Dreamland Park and also to expand its
area of use to accommodate the installation of a soccer field.
The Lease Agreement terminates and supersedes the original agreement and allows the County
the right to restore and improve Dreamland Park by installing the new playground equipment
and to expand its use of the PCR campus by installing a soccer field within the Leased
Premises. In accordance with the Lease Agreement, the County shall use the Leased Premises
free of charge for a term of twenty (20) years to provide needed public park facilities in the
Immokalee community. The District shall have priority use of all fields, facilities and
improvements within the Leased Premises during regular school hours and for after school
events and programs. The County shall have the right to use of all fields, facilities and
improvements within the Leased Premises after regular school hours (and any after school
events of programs) until 10:00 PM and also on weekends, holidays and other days when
school is not in session from the hours of 6:00 AM until 10:00 PM. Both parties are responsible
for providing adequate supervision, during their respective times of use.
The County shall be responsible for all repairs and maintenance of the facilities and
improvements located or installed by the County within the Leased Premises. The County shall
have the right, but not the obligation, to install additional facilities and improvements (for
example, field lights) in the Leased Premises, provided that the District approves such changes
in writing. The District grants the County a temporary construction easement to make
approved facility modifications. Finally, either party may terminate the Lease Agreement by
providing ninety (90) days written notice to the other party.
Legal Approval The item was reviewed and approved by Jon Fishbane, District General Counsel, on July 22,
2015.
Contact Thomas G. Eastman, Director Interagency, Real Property and Regulatory Coordination, 239-
377-0267
1 — in R, n 7/7917(115 1
LEASE AGREEMENT
(Pinecrest Elementary—Dreamland Park)
This Lease Agreement ("Agreement"), entered into this"b%n day of .>c'\\=”e_>(--, 2015, by
and between Collier County, a political subdivision of the State of Florida, ("County") and the
District School Board of Collier County, Florida(the"District"), together the"Parties".
WITNESSETH
WHEREAS, the Parties previously entered into that certain Interlocal Agreement
Concerning Pinecrest Elementary School Public Park Facility for the installation of playground
equipment and facilities on the campus of Pinecrest Elementary School (the "School") to create a
public recreational area, commonly known as Dreamland Park, attached hereto as Exhibit "A" (the
"Original Agreement");
WHEREAS, the County has removed the playground equipment and facilities that were
initially installed on the School campus in accordance with the Original Agreement because that
playground equipment and facilities were in poor condition after years of use by the general public;
and
WHEREAS, the County now desires to install new playground equipment on the School
Campus to restore Dreamland Park and also expand the area of its leasehold to accommodate the
installation of a soccer field in accordance with site plan set forth and attached hereto as Exhibit"B"
(the "Site Plan"); and
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WHEREAS, the Parties desire to enter into this Agreement for the purpose of restoring
Dreamland Park and also improving and expanding the recreational facilities within the Immokalee
community.
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged,the Parties hereby agree and contract as follows:
SECTION I—RECITALS &TERMINATION OF ORIGINAL AGREEMENT.
1.01 The above recitals are true and correct and are incorporated herein by reference. The Parties
acknowledge and agree that the Original Agreement is terminated in its entirety and null and
void and that the terms of this Agreement shall govern.
SECTION II - LEASED PREMISES & TERM.
2.01 The District shall lease to the County certain real property owned by the District and located
on the School site, as depicted and more particularly described on Exhibit "C" (the "Leased
Premises"). The District agrees to lease to the County and the County agrees to lease from
District the Leased Premises for a term of twenty (20) years from the date of execution of
this Agreement by the District. The Parties recognize that they are providing needed public
park facilities under the terms of this Agreement and that they may desire to extend or
renegotiate this lease at its expiration, provided that the District does not need the Leased
Premises for District purposes, operations, uses and/or programs.
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SECTION III - CONSIDERATION.
3.01 The District shall not charge any fees to County for the use of the Leased Premises except
for the cost of electricity arising from the County's use in the event that field lights and/or
irrigation pumps or wells are installed (and separately metered) by the County to serve the
Leased Premises.
SECTION IV—REPAIRS & MAINTENANCE
4.01 The County shall be responsible for all repairs and maintenance of all improvements and
facilities located or installed by the County within the Leased Premises, including but not
limited to, playground equipment, field/turf improvements, soccer goals, fencing, irrigation
systems (well, pump and sprinklers), parking areas and/or field lighting serving the Leased
Premises. Maintenance of the Leased Premises shall include, but not be limited to, mowing,
fertilizing, irrigating and turf repair and such maintenance shall be scheduled in coordination
with the School Principal or designee. The County shall maintain the Leased Premises in a
clean and orderly manner that is free from trash and other debris after its uses. All repair
and maintenance shall be in accordance with County Park standards and/or District, County,
State and Federal legally required standards as appropriate and applicable.
4.02 The County shall have the right to replace or remove improvements and facilities from the
Leased Premises provided that the District (or the Superintendent) approves the replacement
or removal in writing and receives at least ninety (90) days notice of such a change. The
County agrees to reasonably restore the Leased Premises in the event of any such
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replacement or removal facility modification. The District's approval (or the
Superintendent) shall not be unreasonably withheld with respect to any requests made by the
County to make such facility modifications to the Leased Premises that do not conflict with
School operations or the District plans for future development of the School site.
SECTION V—USE OF LEASED PREMISES.
5.01 The District shall have priority use of all fields, facilities and improvements on Leased
Premises during regular school hours and also District after school programs or events
provided that such after school programs or events are scheduled in writing at least thirty
(30) days in advance with the Collier County Parks and Recreation Director or designee.
The County shall have the right to use the fields, facilities and improvements on the Leased
Premises after regular school hours, and other scheduled after school programs and events,
Monday through Friday until 10:00 p.m. and also on weekends, Saturday and Sunday and
also days when school is not in session (e.g. holidays and summer vacation) from the hours
of 6:00 a.m. until 10:00 p.m. Use is restricted to recreational activities as scheduled by the
County which may include youth sports activities. The County is responsible for providing
any and all sports equipment and any other equipment or facilities required by after-hour
users. The County is responsible for locking/unlocking gates at times when School staff or
custodians are not scheduled for duty. The District shall have sole discretion over the
control, operation and location of all fences and gates located on the Leased Premises. The
County shall be given access through all gates necessary to use and maintain the Leased
Premises in accordance with the terms of the Agreement. The County hereby expressly
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acknowledges and agrees that the County (and/or its users of the Leased Premises) shall not
be allowed to use the School bathroom facilities, parking areas or any other School facilities,
equipment or improvements located outside of the Lease Premises area. The County also
agrees to reimburse the District for the costs of repairing and restoring any damaged School
property, facilities, equipment or other improvements that is reasonably proven as resulting
from County users of the Leased Premises trespassing into other areas of the School campus
and causing such damage or vandalism.
SECTION VI— SUPERVISION.
6.01 The County and the District shall each provide adequate personnel to supervise (and clean-
up after) the use of the facilities during their respective times of use of the Leased Premises
in a manner that promotes community health, public safety and proper care and preservation
of the public facilities.
SECTION VII - CAPITAL IMPROVEMENTS.
7.02 The County may construct capital improvements and install additional equipment to
improve the existing fields and facilities on the Leased Premises, including but not limited
to, bathrooms, irrigation systems (well, pump and sprinklers), parking areas and/or field
lighting, provided that such improvements or additions are not in conflict with School use
and are approved by the District (or the Superintendent) in writing and in accordance with
the terms of this Agreement. The County shall be solely responsible for any and all costs
associated with such improvements or additions unless agreed to otherwise in writing by the
District (or the Superintendent). The District (or the Superintendent) shall have the right to
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review and approve, prior to construction, the plans, specifications and location for the
placement of all equipment, facilities, and capital improvements upon the Leased Premises
and such approval shall not unreasonably be withheld. In accordance with the terms of this
Agreement, the District grants to the County a temporary construction easement, including
the right of entry, upon the Leased Premises (and other District owned lands, as necessary)
for the purpose of performing the required activities to construct any approved
improvements or to install any approved equipment. In exercising the temporary
construction easement, the County shall: minimize any and all disruptions of School
operations to the extent reasonably possible; coordinate construction times with the District
(or the Superintendent or the School Principal); comply with all applicable laws and
regulations; and use diligent efforts to complete the project in a reasonable and timely
manner. The temporary construction easement shall automatically terminate upon the
completion of the construction or installation project.
SECTION VIII—SCHOOL ADDITIONS & PORTABLE CLASSROOMS.
8.01 The County acknowledges and agrees that the District shall have the right to build additions
and/or install portable classrooms or make other improvements and modifications on the
Leased Premises for school-related purposes. In the event that the District elects to make
such improvements, installations and/or modifications, the District (or the Superintendent)
shall notify the County with at least ninety (90) days written notice and shall make
reasonable efforts not to adversely impact (or terminate) the County's use of the Leased
Premises.
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SECTION IX—INDEMNIFICATION & INSURANCE.
9.01 To the extent provided by law under Florida Statute Section 768.28, each Party agrees to
hold harmless, indemnify and defend the other Party including its agents, officers, directors
and employees for any and all claims, losses, penalties, demands,judgments, costs of suits,
including attorney's fees, for any expense, damage or liability incurred, whether for personal
injury, property damage, direct or consequential damages, or economic loss arising directly
or indirectly arising from or in connection with its use of the Leased Premises under the
terms of this Agreement, except for such damage or liability which is caused solely by the
negligence of the other Party. This indemnification shall not be deemed a waiver of any
limitation of liability to which either Party may be entitled under Florida Statutes Section
768.28.
9.02 The County and the District shall maintain insurance coverage in at least the minimum
amounts and types as required under State law. The County and the District agree that either
party may be self-insured on the condition that all self-insurance(s) must comply with all
State laws and regulations.
SECTION X - TERMINATION.
10.01 The District or the County may, at any time, and for any reason, terminate this Agreement
upon ninety(90) days written notice to the other Party.
10.02 In the event the Agreement is terminated, the County shall have the right to remove any and
all structures, improvements and equipment that it has exclusively paid for, constructed or
installed upon the Leased Premises upon providing forty-five (45) days written notice to the
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District. The County agrees to restore the Leased Premises to its prior condition in the event
of any such removal. With respect to capital improvements upon the Leased Premises that
were paid for solely by the County and are permanent and not removable, the District shall
reimburse the County for such improvements in accordance with their remaining depreciated
value. The reimbursement shall be made during the next budget year and shall be in the
form of actual cost of said capital improvements depreciated by ten percent (10%) per year
from the date of construction; however, no reimbursement payments shall be required of the
District after the improvements have been in use for ten(10) or more years.
SECTION XI - DISPUTE RESOLUTION.
11.01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, or a mutually agreed upon independent mediator, as
applicable.
SECTION XII - ASSIGNABILITY.
12.01 The Parties shall not assign any interest in this Agreement without the prior written consent
of the other.
SECTION XIII -NOTICE.
13.01 Any notice required to be made under this Agreement shall be made in writing and either
hand delivered or delivered by overnight courier or facsimile transmission, or sent by
registered or certified mail, return receipt requested, and addressed to the following: School
District of Collier County, c/o Superintendent, 5775 Osceola Trail, Naples, Florida 34109;
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Collier County, c/o County Manager, 3301 East Tamiami Trail, Administrative Building,
Naples, Florida, 34112.
SECTION XIV - CHOICE OF LAW.
14.01 This Agreement shall be interpreted in accordance with the laws of the State of Florida. It is
recognized that all Parties hereto have contributed substantially and materially to the
negotiations and preparation of this Agreement, and that the Agreement shall not be
interpreted more harshly against one party by virtue of its preparation.
SECTION XV— SEVERABILITY.
15.01 In the event that any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had
never compromised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
SECTION XVI - EFFECTIVE DATE.
16.01 The Effective Date of this Agreement shall be the date that the last signature as set forth
below. However, the term for the Leased Premises shall begin to run from the date that the
District signs this Agreement
SECTION XVII—MISCELLANEOUS
17.01 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the District and the County.
17.02 The captions and section numbers used in this Agreement are for purposes of convenience
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and for reference only and shall not be used to define, limit or extend the scope or meaning
of any part of this Agreement.
17.03 Whenever in this Agreement a party is or may be called upon to give its consent or approval
to any action, said consent shall not be unreasonably withheld or delayed.
17.04 The Parties hereto agree to promptly sign all documents reasonably required to give effect to
the provisions of this Agreement.
17.05 Nothing contained in this Agreement shall be deemed or construed, either by the Parties
hereto or by any third party, to create the relationship of principal and agent, or create any
partnership,joint venture or other association between the Parties.
17.06 In the event of default by a party hereto in its respective obligations hereunder, the non-
defaulting party shall have all remedies available to it at law or in equity.
17.07 Each Party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
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IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written.
ATTEST:4C0`
DWT E. It !•CI'4,�Clerk BOARD OF COUNTY COMMISSIONERS,
COLLILEffl LINTY, FLORIDA.
► afdml S By: /
TIM NANCE, Chairman
•
Approved as to form . d legal sufficiency:
4010/0
Assistant County Attorney
THE CHO C L I TRIC COLLIER
C• 114' Y, . L/RII,A
By111 , A'
n KAP` EN CURATOLO, Chair
Attest: ' OA-
Dr.
Kamela 'atton, Superintendent
Ap.roved as to form and legal sufficiency:
By: ')n ■ L
Jon l shbane, District General Counsel
Date: kk 22, 20
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EXHIBIT A
f_ INTERLOCAL AGREEMENT CONCERNING
PINECREST ELEMENTARY SCHOOL PUBLIC PARK FACILITY
THIS INTERLOCAL AGREEMENT, entered into this day of
, 1994, by and between COLLIER COUNTY, a
• Political Subdivision of the State of Florida ( "COUNTY") and the
SCHOOL BOARD OF COLLIER COUNTY ( "SCHOOL BOARD" ) , a body corporate
as designated in Section 230. 12, Florida Statutes .
W I T N E S S E T H`
WHEREAS, There is need for a public park in the southern part
of the Immokalee- Community, in Collier County, Florida; and
WHEREAS, a parcel of land ( "Site" ) that is part - of the
Pinecrest Elementary School site (in the southern part of
Immokalee) is an appropriate place for the needed public park,
i
subject_..to installation of certain recreational facilities at that
site, and
WHEREAS; the SCHOOL BOARD is willing and able to warrant that
the site shall, for the term of this Agreement, be and remain
available for use by the general public as a public "Community ..
Park" under the provisions hereof, and
WHEREAS, the COUNTY 'is objligated under its Growth Management
Plan to provide "Community Parks" that are open for use by the
general public and
WHEREAS, the COUNTY desires that the Site be credited as a
"Community Park" under the COUNTY' s Growth Management Plan, and
therefore the COUNTY will maintain park facilities to be installed
on the Site, and
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• WHEREAS, this Agreement specifies the duties and responsibili-
ties of the COUNTY and the SCHOOL BOARD regarding the subject Site
and facilities to be constructed and maintained on the Site.
NOW THEREFORE, in consideration of the provisions specified _
herein, the COUNTY and the SCHOOL BOARD agree as follows :
1 . TERM OF AGREEMENT: The SCHOOL BOARD hereby warrants that
for so long as the Pinecrest Elementary School land is owned by the
School District of Collier County or its successor in function, and
the COUNTY repairs and maintains the playground equipment and park
. facilities (the "Improvements" ) as specified herein, the Site shall
remain open and available for use by the public as a "Community
Park. " ..Should the entire school lands be sold, the SCHOOL, BOARD
does not warrant the continued use of the Site as a "Community
( H Park" after any such sale.
2. PARK AREA: The specific land area ("Site") that the
SCHOOL BOARD. hereby warrants shall be and:remain open and available
to the general public for use as a Community Park is displayed on
Exhibit "A" attached hereto and is made a part hereof. •
3. ESTIMATED • COSTS : The total estimated costs . to acquire
and install the original planned -Improvements is $45, 000. 00 . No
rest room facilities are planned at this time. .
4 . COUNTY' S AND SCHOOL BOARD' S MONETARY CONTRIBUTIONS :
Prior to installation of any facilities, the COUNTY shall donate to
the SCHOOL BOARD ten thousand dollars ($10, 000) toward the
acquisition and installation costs of the Improvements . The COUNTY
will also match citizen' s contributions (contributions delivered to
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. .
the SCHOOL BOARD prior to completion of . installation of the
original park ' facilities) , up to an additional five thousand •
dollars ($5 , 000 . 00) . The School Board will act as the fiscal agent
for this project. All funds to be expended for the community park
at Pinecrest Elementary School will be deposited in a school
district account prior to the district advertising for bids to
equipment suppliers .
The SCHOOL BOARD will ( 1 ) process a request for bids to supply
the materials for the construction of the Improvements, (2) will
solicit bids from suppliers, (3) will process and award the bid,
and will. contribute $5, 000 . 00, to acquire the equipment and
materials for the Improvements . The balance of the cost of the
materials will be paid for by the COUNTY and community members- and
:' organizations . It is contemplated that thedesign work and labor
associated with construction of the Improvements will be donated by
Schenkel Shultz Architects and community service organizations,
respectively.
5 . PHYSICAL ACCESS TO THE SITE: The SCHOOL BOARD warrants
that the COUNTY shall have adequate physical access to the Site to
enable the COUNTY to repair and maintain the. Improvements, and that
the public shall have open 'physical access to and use of the Site
and facilities as a COUNTY ."Community Park" .
6 . COUNTY'S REPAIR AND MAINTENANCE RESPONSIBILITIES:
(a) . - The COUNTY is not obligated to acquire or install
any facility . COUNTY employees, after proper installation thereof,
shall repair and maintain all Improvements on the Site and shall
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keep the Improvements in an operable and safe condition during
their useful life. The COUNTY shall repair and maintain each
initially installed Improvement and replacement Improvement, if
any . The COUNTY is not obligated to pay for the replacement of any
Improvement, but shall, at its expense, acquire and replace
component part(s) of each Improvement as necessary to repair or
maintain the facility.
(b) . The COUNTY recommends that the play equipment
. purchased, either plastic, metal, _-or synthetic material, be of the
• same quality as that used in COUNTY parks or school sites .
7 . The COUNTY shall not be responsible for the condition of
any land or for design defect(s) , if any. .
• 8 . INDEMNIFICATION OF PARTIES : To the extent permitted by
law, the _COUNTY and SCHOOL BOARD shall indemnify, defend, save, and
hold harmless each other, their respective officers, agents and/or
employees against all suits, claims, demands, and/or liability for
property damage, bodily injury or death which may result from the
negligent acts or omissions of the other party, which are alleged
to have occurred concerning the maintenance, ownership, use or
operation of the Site or th6 Improvements, or the failure to
perform any duties that arise from this agreement. This indemnifi—
cation provision shall not be construed as a waiver of any
limitation of liability to which either party may be entitled under
Florida Statutes 768 . 28 .
9 . NO WAIVER OF ANY LEGAL PROTECTION: Nothing herein waives
any provision of Chapter- 7.68. 28, Florida Statutes, or any other
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limitation of liability provision of any now or hereafter applica—
ble law, rule and/or regulation.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIMOTHY J. CONSTANTINE,
CHAIRMAN
ATTEST: COLLIER COUNTY SCHOOL BOARD
By:
(11)-1_,
(TITLE) CLYDE C. Q INBY, AIR PERSON
Approved as to form and legal
sufficiency:
.F\ 4 1 /
At.orney for Schoo Board
Approved as to form and
legal sufficiency:
•
Thomas C Palmer
Assistant County Attorney
20743_1.WP5
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EXHIBIT B • 1 6 13 1
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EXHIBIT C
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