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Backup Documents 11/15/2016 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOv 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. Jennifer Belpedio County Attorney Office ai j 10 /1311(0 4. BCC Office Board of County '\-Ao`-\ S'\ -5Commissioners 4/ t 1S'\ - 5. . Minutes and Records Clerk of Court's Office i36 Il\6\1(03C(oPirt 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 missin information. Name of Primary Staff Mar-lerfen,Sr.Proje Manager Phone Number 252-5773 Contact/ Department KeVite,. 4-4i- 41(is Agenda Date Item was November 15,2016 - Agenda Item Number Accela Item No.2073 Approved by the BCC 1(0-4:\— ` Type of Document Temporary License&Right of Entry Number of Original 1 Attached Agreement Documents Attached PO number or account (Only when the document is to be recorded N/A Document is NOT number if document is in the Public Records) 00+ 4.0to be recorded. to be recorded r ex.,'✓cic 4 ` INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Ye. N/A(Not appropriate. I f tia Applicable) 1. Does the document require the chairman's original signature? S v p K . C�,1 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 iii• by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 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 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 it t, 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. i�. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw re;your deadlines! 8. The document was approved by the BCC on i‘ 5 and all changes made during the meeting have been incorporated in the at ched 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 ,t2 �� BCC,all changes directed by the BCC have been made,and the document is ready for the ( 4Pj 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 Ann P. Jennejohn 1 6 A J. From: Ann P. Jennejohn Sent: Wednesday, November 16, 2016 11:58 AM To: Hendricks, Kevin (KevinHendricks@colliergov.net) Subject: Agreement w/Pelican Marsh CDD (11-15-16 Item #16A1) Attachments: Backup Documents 11_15_2016 Item #16A 1.pdf Hi Kevin, A signed copy of the Temporary License and Right of Entry Agreew►ent with the Pelican Marsh CPP, approved by the Board yesterday, (Itew► #16A1) is attached For your records. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwievt Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 1 6 A 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, November 16, 2016 11:36 AM To: Messam, Marlene (MarleneMessam@colliergov.net) Subject: Item #16A1 (11-15-16 BCC Meeting) Attachments: Backup Documents 11_15_2016 Item #16A 1.pdf Good Morning Marlene, A sigvted copy of the Temporary License and Right of Entry Agreement with the Pelican Marsh CDD, that was approved by the Board yesterday, (Item #16A1) is attached for your records. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 1 6 A1 TEMPORARY LICENSE AND RIGHT OF ENTRY AGREEMENT KNOW ALL MEN BY THESE PRESENTS that PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT, a community development district established and created pursuant to Chapter 190 F.S., whose mailing address is do Anthony P. Pires, Jr., Esq., 3200 Tamiami Trail North, Suite 200, Naples, Florida 34103 (hereinafter referred to as "Licensor"), for and in consideration of Ten Dollars ($10.00), the terms and conditions hereof and other valuable consideration to it in hand paid, does hereby grant unto COLLIER COUNTY, a political subdivision of the State of Florida, its agents, contractors or assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter known as "Licensee"), the temporary license and right to enter upon the lands of the Licensor, more particularly described as the Easterly 300 feet of Tract R, Pelican Marsh Unit 22, according to the plat thereof recorded in Plat Book 31, Page 85, et seq, of the public records of Collier County, Florida (described and depicted on the attached Exhibit "A" and hereinafter referred to as the"Property"), for a period of one (1) year from the date hereof, during construction of the improvements to the intersection of Airport Road and Galleria Drive for the express purpose of "goring-out"the eastbound-to-northbound left turn lane on Galleria Drive at its intersection with Airport Road (said improvements are as described and depicted on the attached Exhibit "B" and hereinafter referred to as the"Improvements"). 1. ENTRY ONTO LICENSOR'S LANDS by Licensee, shall constitute acceptance of this Temporary License and Right of Entry, and such acceptance shall carry with it the Licensee's promise to not unreasonably interfere with ingress and egress to Licensor's lands or the Pelican Marsh community during the period of construction of the proposed Improvements. The rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Licensee and full compliance by Licensee with the terms of this agreement. Licensee agrees not to unreasonably interfere with Licensor's use of the Property during the pendency of the work being undertaken by Licensee. 2. Subject to the provisions of Section 768.28, Florida Statutes, the Licensee assumes the risk and responsibility for any loss, cost, claim, expense or injury to property or persons occasioned by, due to or occurring during any entry by Licensee or its contractors and during the construction of the Improvements by Licensee or its contractors. Licensee also agrees to promptly repair all damage, other than those Improvements contemplated in Exhibit"B,"that may occur to the Property and adjoining or surrounding structures, utility facilities, roadways, sidewalks or property precipitated by or caused by the Licensee's activity(ies), restoring same to their condition that existed prior to the entry or construction activity. The foregoing provisions shall survive the termination of this Agreement. Notwithstanding Paragraph 6 of this agreement, Licensee shall be provided a reasonable amount of time to restore or repair any damage to the Property, and Licensor agrees to work in good faith with Licensee to facilitate such repairs. 3. To the extent permitted by law and without waiver of either parties' claim to immunity under §768.28, Florida Statutes, and without extending or altering the Licensor's liability beyond the limits established in §768.28, Florida Statutes, the Licensee agrees to maintain liability insurance in accord with the amount determined appropriate by the Licensor's District Manager with the Licensor being named as an "additional insured". The foregoing provisions shall survive the termination of this Agreement. 4. Neither this agreement nor any Memorandum thereof shall be recorded in the public records of Collier County. 5. Any litigation concerning this agreement shall be in the state court of appropriate jurisdiction in Collier County, Florida. 6. Either party reserves the right to terminate this agreement upon the breach by the other party of any terms stated herein by providing not less than thirty(30) business days written notice to the other party's address written above. In the event of such termination, if the Improvements are not complete, the Licensee shall promptly restore the Property to the condition that existed prior to the entry or construction activity. 16A1 1 7. Licensee's right of entry onto Licensor's lands is contingent upon no other provisions, conditions, or premises other than those so stated above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. This Temporary License and Right of Entry may only be modified by written agreement signed by both parties. IN WITNESS WHEREOF, the Licensor and Licensee have caused these presents to be executed in their respective names this IS 4'1` day of Nov' M t3 E R , 20 t 6, and do hereby affirm that the individual executing same has the authority to act on behalf of the Licensor and Licensee respectively, and does intend that the other party rely on such authority. Signed in the presence of: PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT,a community development district established and created pursuant to Chapter 190 F.S. r__.__ Witness •1: __ _...—'s.� , .�-"- / / By:Frank Oarofalo,0 Chairman (Signature) (Printed Name of Witness#1) Wile #2: i t J'._ _ syf' y_ (Sig • ure) `1 `4,1,\i0"li2, (Printed Name of Witness#2) BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA DTTEST: 140 DWIGHT E.BROCK,Clerk By: 4/12d° 'DONNA FIALA,Chairman By: Aggijp'O (�.C Ir.:- ty Clerk Attest as '�' • signature only. _ Approved as to form and legality: Item# -1— Agenda 1 L 1 Jenn A.Belpedio , ,� , Date l�L==P Assistant County Attorn'z;y 1 Date \,—L__15_j-- Recd .....♦ .`__ ieputy 2 45 1 6 A 1 .... i c , Y 1(1 4 i, ,. t ii .!: • i ti i- Y .1 : tk " '14 .:-. •4 " , t. ,, ,, 11,,,, • 4 . 1.4 iti io f.! i (.:0 ,` * :-I: ,ie 11:1 ,1 , i'", : .T f, v7 4 / i, 11 ., I i!I VAYY4 ,.'l ,t. . •,, L-- 1 n gl ; ' x5 1 i 1 ., 7ZO, ii !h!iR 411i't ! a 1 ? 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