Backup Documents 04/26/2016 Item #16A25 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S IP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN
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 JAK 5/10/16
4. BCC Office Board of County -1.)F
Commissioners ,e/ S\xt<<6
5. Minutes and Records Clerk of Court's Office
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 Scott Teach,De uty County Attorney 252-8400
Contact/Department
Agenda Date Item was 4/26/16 Agenda Item Number 16-A-25
Approved by the BCC
Type of Document Agreement—Ave Maria Number of Original 1
Attached Documents Attached
PO number or account n/a
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 original signature Stamp OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
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 4/26/16 and all changes made during the JAK
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 \C -
BCC,all changes directed by the BCC have been made,and the document is ready for
Chairman's signature.
PLEASE EMAIL A FULLY EXECUTED COPY TO SCOTT TEACH,DEPU OU► '
ATTORNEY
1: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
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AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
AGREEMENT TO DEFEND COLLIER COUNTY AGAINST ACTIONS
RELATED TO ADOPTION OF ORDINANCE 14o, -24,1 o -VA
THIS AGREEMENT ("Agreement") is made and entered into this ?AAA.day of
SY- , 2016, by and between:
Ave Maria Stewardship Community District, a local unit of special-purpose
government established pursuant to Chapter 2004-461, Laws of Florida and
located in Collier County, whose address is 2501A Burns Road, Palm Beach
Gardens, Florida 33410 (the "District"), and
Collier County, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, Naples, Florida 34112 (the "County" and,
together with the District, the "Parties").
RECITALS
WHEREAS, the District was established for the purpose of planning, financing,
constructing, operating and/or maintaining certain infrastructure, including but not limited to
roadways; and
WHEREAS, the District residents desire to operate golf carts on the public roads and
streets within the boundaries of the District; and
WHEREAS, Section 316.212, Florida Statutes, authorizes the County to designate certain
roadways for golf cart use; and
WHEREAS,the County has adopted Ordinance Ko.2:514,-(4 designating the public roads
and streets within the boundaries of the District for golf cart use; and
Now, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, it is agreed that the District shall defend and indemnify County in any suit, claim,
and actions related to the adoption, validity and enforcement of Ordinance Weg,,zc,k b-l`\ with
the following covenants and conditions, which both the District and the County have agreed
upon:
1. INCORPORATION OF RECITALS. The recitals stated above are true and correct
and by this reference are incorporated herein as a material part of this Agreement.
2. DUTY TO DEFEND. Without waiving the District's sovereign immunity or the
District's limits of liability as set forth in Section 768.28, Florida Statutes, the District agrees to
defend and indemnify Collier County and its agents and employees from all suits, actions, and
claims including attorney's fees and all costs of litigation and judgments regarding the adoption,
validity and enforcement of Ordinance .zotb-l4 designating the public roads and streets
within the boundaries of the District for golf cart use.
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3. DEFAULT. A default by either party under this Agreement shall entitle the other
to all remedies available at law or in equity, which may include, but not be limited to, the right of
damages, injunctive relief and/or specific performance.
4. ENFORCEMENT OF AGREEMENT. In the event that either party is required
to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be
entitled to recover all fees and costs incurred, including reasonable attorney's fees and costs for
trial, alternative dispute resolution, or appellate proceedings.
5. AGREEMENT. This instrument shall constitute the final and complete
expression of this Agreement between the parties relating to the subject matter of this
Agreement.
6. AMENDMENTS. Amendments to and waivers of the provisions contained in
this Agreement may be made only by an instrument in writing which is executed by both of the
parties hereto.
7. AUTHORIZATION. The execution of this Agreement has been duly authorized
by the appropriate body or official of all parties hereto, each party has complied with all the
requirements of law, and each party has full power and authority to comply with the terms and
provisions of this instrument.
8. NOTICES. All notices, requests, consents and other communications hereunder
("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage
prepaid, or overnight delivery service, to the parties, as follows:
A. If to District: Ave Maria Stewardship Community District
2501A Burns Road
Palm Beach Gardens, Florida 33410
With a copy to: Hopping Green& Sams, P.A.
119 S. Monroe Street, Suite 300
Tallahassee, Florida 32301
Attn: Jonathan T. Johnson
B. If to County: Collier County
3299 Tamiami Trail East
Naples, Florida 34112
Attn: Jeffrey A. Klatzkow
Except as otherwise provided herein, any Notice shall be deemed received only upon actual
delivery at the address set forth herein. Notices delivered after 5:00 p.m. (at the place of
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delivery) or on a non-business day, shall be deemed received on the next business day. If any
time for giving Notice contained in this Agreement would otherwise expire on a non-business
day, the Notice period shall be extended to the next succeeding business day. Saturdays,
Sundays and legal holidays recognized by the United States government shall not be regarded as
business days. Counsel for the parties may deliver Notice on behalf of the parties. Any party or
other person to whom Notices are to be sent or copied may notify the other parties and
addressees of any change in name or address to which Notices shall be sent by providing the
same on five (5) days written notice to the parties and addressees set forth herein.
9. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit
of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof,
to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon any person or corporation
other than the parties hereto any right, remedy or claim under or by reason of this Agreement or
any provisions or conditions hereof; and all of the provisions, representations, covenants and
conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties
hereto and their respective representatives, successors and assigns.
10. ASSIGNMENT. Neither party may assign this Agreement or any monies to
become due hereunder without the prior written approval of the other party.
11. CONTROLLING LAW. This Agreement and the provisions contained herein
shall be construed, interpreted and controlled according to the laws of the State of Florida.
12. EFFECTIVE DATE. The Agreement shall be effective after execution by both
parties hereto and shall remain in effect unless terminated by either of the parties hereto.
13. PUBLIC RECORDS. Unless otherwise exempt from the provisions of chapter
119, Florida Statutes, parties understand and agree that documents provided to either party in
connection with this Agreement may be public records and may be treated as such in accordance
with Florida law.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties execute this Agreement to be effective the day
and year first written above.
ATTEST: AVE MARIA STEWARDSHIP
COMMU ITY DISTRICT
/e'
Secreta /Assistant SecretaryChairman, Board of Supervisors
Approved as to for and legality:
►' rict Co sel
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BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
Dwight E. Brock, Clerk
s
o ft0 ;il'S DO A FIALA, CHAIR
;i4,44 re
Jeffrey'' :. Iilatzkow,
County,A ttgrney
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