Agenda 05/26/2015 Item #16A16 5/26/2015 16.A.16.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Collier County Flagpole
Installation and Maintenance Agreement(Agreement) between Collier County and the Palm River
Homeowners and Civic Association, Inc. for a solar-powered lighted flagpole within Palm River
Park.
OBJECTIVE: That the Board approves and authorizes the Chairman to sign the attached
Collier County Flagpole Installation and Maintenance Agreement permitting the installation and
maintenance of a solar-powered lighted flagpole within the Palm River Park, a Collier County
park and insuring that the Palm River Homeowners and Civic Association will maintain the
flagpole accordingly.
CONSIDERATIONS: Collier County was approached by the Palm River Homeowners and
Civic Association to install and maintain a solar-powered lighted flagpole within the Palm River
Park which is located on Piper Blvd. The Palm River Homeowners and Civic Association, Inc.
agrees to maintain the solar-powered, lighted flagpole (flagpole) within the Palm River Park,
pursuant to the attached Flagpole Installation and Maintenance Agreement.
The County constructed the Palm River Park north of Immokalee Road and south of Piper
Boulevard and installed a sidewalk, signs, statutes, landscape, irrigation, and a brick plaza
through private and public contributions. The Palm River Homeowners and Civic Association
now wishes to install and maintain a flagpole within the Palm River Park.
The Agreement may be freely terminated as of right by either party, with or without cause, upon
written notice to the other. If the Association exercises this right, or if the County exercises this
right based upon the Association's substantial breach of this Agreement, then upon written
demand by County, the Association, at its sole cost and expense, shall remove the Improvements
and will restore the property to the condition that existed immediately prior to the effective date
of this Agreement. If the County exercises this right, or if the Association exercises this right
based upon the County's substantial breach of this Agreement, then the County will be
responsible for any removal of the Improvements or restoration of the ROW. Except for the
above, neither party will be liable to the other for any damages or claims resulting from the
termination of this Agreement.
FISCAL IMPACT: There is no cost to Collier County associated with this proposal. The Palm
River Homeowners and Civic, Inc. are responsible for all recording fees.
GROWTH MANAGEMENT IMPACT: There is no growth management associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality,and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board approves and authorizes the Chairman to sign a
Collier County Flagpole Installation and Maintenance Agreement between Collier County and
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5/26/2015 16.A.16.
the Palm River Homeowners and Civic Association, Inc. for the installation and maintenance of
a solar-powered lighted flagpole within the Palm River Park.
Prepared by: Pamela Lulich,Landscape Operations Manager,Road Maintenance Division
Attachments: I)Agreement and 2)Exhibit A-Flagpole location
tTh
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5/26/2015 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation that the Board approves and authorizes the Chairman
to sign a Collier County Flagpole Installation and Maintenance Agreement (Agreement)
between Collier County and the Palm River Homeowners and Civic Association, Inc. for a solar-
powered lighted flagpole within Palm River Park.
Meeting Date: 5/26/2015
Prepared By
Name: LulichPamela
Title: Manager-Landscape Operations,Landscape Operations
5/6/2015 2:33:37 PM
Submitted by
Title: Manager-Landscape Operations, Landscape Operations
Name: LulichPamela
5/6/2015 2:33:38 PM
Approved By
Name: GossardTravis
Title: Division Director-Road Maintenance, Growth Management Department
Date: 5/11/2015 7:56:07 AM
Name: HerreraGloria
Title: Management/Budget Analyst, Growth Management Department
Date: 5/11/2015 10:02:36 AM
Name: LynchDiane
Title: Supervisor-Operations, Growth Management Department
Date: 5/11/2015 10:12:28 AM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 5/11/2015 10:50:41 AM
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5/26/2015 16.A.16.
Name: KearnsAllison
Title: Manager Financial &Operational Support, Growth Management Department
Date: 5/11/2015 11:15:42 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/11/2015 5:43:25 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/13/2015 9:20:35 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 5/13/2015 11:50:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2015 9:35:15 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/14/2015 10:11:28 AM
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5/26/2015 16.A.16.
�-. FLAGPOLE INSTALLATION AND MAINTENANCE AGREEMENT
PALM RIVER PARK
THIS AGREEMENT concerning the installation and maintenance of a solar-powered,
lighted flagpole (flagpole) within the Palm River Park (hereinafter referred to as the "Agreement")
is made and entered into on this day of 2015, by and between the Palm River
Homeowners and Civic Association, Inc., whose mailing address is 372 Juli Fe Drive, Naples, FL
34110, (hereinafter referred to as "HOA"), and Collier County, a political subdivision of the State
of Florida (hereinafter referred to as "County"), whose mailing address is 3299 Tamiami Trail
East,Naples, Florida 34112.
RECITALS:
WHEREAS, the County constructed the Palm River Park north of Immokalee Road and
south of Piper Boulevard and installed a sidewalk, signs, statutes, landscape, irrigation, and a brick
plaza through private and public contributions; and
WHEREAS, the HOA wishes to install and maintain a flagpole within the Palm River Park
at the location identified in Exhibit A; and
WHEREAS, the HOA represents to the County that is will be fully responsible for the
permitting,purchase, installation and future maintenance of the flagpole; and
WHEREAS, the Board of County Commissioners hereby finds that the proposed project
serves a valid public purpose.
NOW THEREFORE, in consideration of the mutual promises set forth below, together
with such other good and valuable consideration, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. County hereby grants the HOA the limited license to use that portion of Palm River
Park depicted in Exhibit A for the sole purpose of installing and maintaining a flagpole. The HOA
shall coordinate with the County as necessary throughout the installation of the flagpole.
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3. The HOA shall at its sole cost and expense, install and maintain the flagpole,
including all solar components and bulbs, until such time as the County executes a release from
these obligations as discussed below. The HOA shall also be responsible for raising, lowering,
purchasing and replacing the flag.
4. Should the HOA fail to install or maintain the flagpole, the County may provide
written notice to the HOA specifying the nature of the deficiency. Within five working days
following receipt of such notice, the HOA shall begin to cure the deficiency. In the event damage
to, or failure to maintain the flagpole results in a situation where public safety is at risk, (1) the
HOA shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2)
the County may, at its option, effect the repairs, without the need for prior notice to the HOA, and
will promptly bill the HOA for all actual costs incurred in effecting the repairs. The HOA shall
reimburse the County for such costs within thirty days of receipt of the County's bill.
5. The HOA shall hold harmless, indemnify, and defend County and its agents,
officers and employees from any and all claims, losses, penalties, demands,judgments, and costs
of suit, including attorney's fees, or any expense, damage, or liability incurred by any of them,
whether for personal injury or property damage, arising directly or indirectly on account of or in
connection with the HOA's installation and maintenance of the flagpole.
6. Both parties shall have the right to terminate this Agreement with or without cause
upon thirty (30) calendar days' written notice to the other. In the event that this Agreement is so
terminated, the HOA shall bear the cost of removing the flagpole and restoring the site to its
original condition. Except for the above, neither party will be liable to the other for any damages
or claims resulting from the termination of this Agreement.
7. This Agreement and the terms and provisions hereof shall be effective as of the date
set forth above and shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs
of suit, including reasonable attorney's fees, at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The HOA shall pay all costs of recording this Agreement prior to the execution
of this Agreement. A copy of the Recorded Agreement will be provided to the HOA.
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10. This Agreement is the entire agreement between the parties, and supercedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day
and date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
1 _ SES: The Palm River Homeowners and Civic Association,
Inc.
By: gif
Printed Name/2iE.,.."F Gri �� , Printed Nam-. r. David Alcer
41/— Title: Presi•ent
Printed Name: . ;�. , ,t�� d�
STATE OF FLORIDA
COUNTY OF COLLIER
Signed and acknowledged on this I day of /`44i , 2015, before me, the
undersigned notary public, by Pri;1441A; rvc , President of the Palm River
Homeowners and Civic Association, Inc., a Florida corporation not-for-profit, on behalf of the
corporation. He [ ] is personally known to me or [ ] produced Re-A/21 vr°_`. as
identification.
Notary Public
Printed Name: P4/4-tom , !-4 tjAl
My Commission Expires: I / l'7
Approved as to form and legality:
RONALD M.TANGUAY
a Notary Public,State of Florida
Jeffi ey A. Klatzkow 0., �y Commission �649
County Attorney 12,2017
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