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Agenda 09/22/2015 Item #16A 4 9/22/2015 16.A.4. EXECUTIVE SUMMARY Recommendation to approve the conveyance of nine parcels in fee simple and approve the assignment to and assumption of three easements to the Florida Department of Transportation, originally acquired by Collier County for roadway and related improvements on Davis Boulevard (SR 84) from Radio Road to Collier Boulevard, and approve the required Resolutions to effectuate such conveyance to the State. (Project No. 60073) Estimated Fiscal Impact: None. OBJECTIVE: To convey the right-of-way acquired for the widening of Davis Blvd. from Radio Road to Collier Blvd. (the Project)to the Florida Department of Transportation(FDOT). CONSIDERATIONS: On November 30, 2007, the County and FDOT entered into the attached Joint Project Agreement (JPA). Under the JPA, FDOT agreed to reimburse the County for the costs directly related to the construction, construction engineering and inspection of the Project, subject to a maximum of$20,000,000. Pursuant to this agreement, Collier County acquired nine parcels in fee simple and three easement parcels needed for construction of the Project. The Project has been constructed and FDOT is maintaining this State road. FDOT has accordingly requested that the County convey these fee simple and easement parcels to FDOT. The property in question is not needed by the County, since SR 84 is a state road and FDOT is assuming all responsibility for maintenance of the right of way and associated drainage facilities. In conjunction with FDOT, Staff has prepared a deed conveying those parcels in fee simple as well as an Assignment and Assumption Agreement for the conveyance of the three easements. In order to convey property to the State, the Board Of County Commissioners (Board) is also required to approve a Resolution setting forth such conveyance. Staff is recommending that the Board adopt the two attached resolutions, approve the attached County Deed conveying the fee simple parcels to FDOT and the attached Assignment and Assumption Agreement assigning the easement parcels and all maintenance obligations of such parcels to FDOT. FISCAL IMPACT: There will be no fiscal impact associated with this item. FDOT will be recording the documents and paying the associated recording fees. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: Pursuant to Section 125.38. Florida Statutes, the Board is authorized to convey its property interests in real property to the State at any price it deems appropriate, upon a finding by the Board that such conveyance is required for the public use for which the State intends to put it to and that such property is no longer needed for County purposes. This item has been approved as to form and legality and requires a majority vote for Board approval. -ERP RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolutions; 2. Approve the attached County Deed and the attached Assignment and Assumption Agreement and authorize its Chairman to execute same on behalf of the Board; Packet Page -537- 9/22/2015 16.A.4. 3. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the agreement. Prepared by: Karen Dancsec, Property Acquisition Specialist, Transportation Engineering Division, Growth Management Department Attachments: 1) Resolution authorizing the conveyance of fee simple property by deed with Exhibits "A" and "B", 2) Resolution authorizing the conveyance of easements by Assignment with Exhibits "A" and "B", 3) County Deed with Exhibits "A" and "B", 4) Assignment and Assumption Agreement with Exhibits "A" and "B", 5) Joint Project Agreement and 6) 1st Amendment to Joint Project Agreement; and 7)Aerial Parcel Map Packet Page -538- 9/22/2015 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. Item Summary: Recommendation to approve the conveyance of nine parcels in fee simple and approve the assignment to and assumption of three easements to the Florida Department of Transportation, originally acquired by Collier County for roadway and related improvements on Davis Boulevard (SR 84) from Radio Road to Collier Boulevard, and approve the required Resolutions to effectuate such conveyance to the State. (Project No. 60073) Estimated Fiscal Impact: None. Meeting Date: 9/22/2015 Prepared By Name: DancsecKaren Title:Property Acquisition Specialist, Growth Management Department 7/30/2015 9:53:26 AM Approved By Name: BoschRobert Title: Operations Analyst, Senior, Growth Management Department Date: 8/25/2015 5:39:25 PM Name: AhmadJa\' Title: Division Director-Transportation Eng, Growth Management Department Date: 8/26/2015 7:22:52 AM Name: LynchDiane Title: Supervisor-Operations. Growth Management Department Date: 8/27/2015 6:53:06 PM Name: TaylorLisa Title: Management/Budget Analyst, Growth Management Department Date: 8/28/2015 11:16:28 AM Name: GossardTravis Title: Division Director-Road Maintenance, Growth Management Department Date: 8/31/2015 8:31:32 AM Packet Page -539- 9/22/2015 16.A.4. Name: KearnsAllison Title: Manager Financial &Operational Support, Growth Management Department Date: 8/31/2015 8:44:50 AM Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 8/31/2015 9:23:55 AM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 8/31/2015 10:53:49 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 9/8/2015 10:34:42 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 9/9/2015 11:01:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/9/2015 3:18:13 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/9/2015 5:35:45 PM Packet Page -540- 9/22/2015 16.A.4. RESOLUTION NO.2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AUTHORIZING THE CONVEYANCE OF CERTAIN LANDS WITHIN THE RIGHT-OF-WAY ON DAVIS BOULEVARD (SR-84) AND THE DAVIS BOULEVARD (SR-84) / COLLIER BLVD (CR-951) INTERSECTION, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Florida Department of Transportation through mutual understanding and a joint project agreement with Collier County has constructed and improved State Road No.84(Davis Blvd)Section No.03001-000,in Collier County,Florida;and WHEREAS, it is necessary that certain lands now owned by Collier County, more specifically described in the attached Exhibits "A" and `B", be acquired by the State of Florida Department of Transportation;and WHEREAS, pursuant to Section 125.38, Florida Statutes, a Resolution setting forth such conveyance to the State of Florida,must be approved by the Board;and WHEREAS, the State of Florida Department of Transportation has made application to Collier County to execute and deliver to the State of Florida Department of Transportation a deed in favor of the State of Florida Department of Transportation, conveying all rights, title and interests that Collier County has in and to said lands required for transportation purposes, at no additional cost to the State of Florida Department of Transportation, and said request having been duly considered;and WHEREAS,said use is in the best interest of Collier County;and WHEREAS,said property is no longer necessary for Collier County purposes. NOW THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Collier County, that the application of the State of Florida Department of Transportation for property owned by the County is for transportation purposes that are in the public or community interest and for public welfare; that the land required for transportation purposes by the State is no longer needed for Collier County purposes;and that a deed in favor of the State of Florida Department of Transportation conveying all right,title and interest of Collier County in and those lands described in the attached Exhibit"A,"should be drawn and executed by this Board of County Commissioners at no additional cost to the State of Florida Department of Transportation. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Bartow,Florida. Page 1 Packet Page -541- 9/22/2015 16.A.4. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: ,Deputy Clerk Tim Nance,Chairman Approved as to form and legality: •ssistant Ionty Atto ey Page 2 Packet Page -542- 9/22/2015 16.A.4. RESOLUTION NO.2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT TO AND ASSUMPTION OF ALL RIGHTS, TITLE, AND EASEMENT INTERESTS IN CERTAIN LANDS WITHIN THE RIGHT-OF-WAY ON DAVIS BOULEVARD(SR- 84) AND THE DAVIS BOULEVARD (SR-84) / COLLIER BLVD (CR-951) INTERSECTION, BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Florida Department of Transportation through mutual understanding and a joint project agreement with Collier County has constructed and improved State Road No. 84(Davis Blvd)Section No.03001-000,in Collier County,Florida;and WHEREAS, it is necessary that easements acquired by Collier County, more specifically described in the attached Exhibits "A"and`B", now be assigned to and assumed by the State of Florida Department of Transportation;and WHEREAS, pursuant to Section 125.38, Florida Statutes, a Resolution setting forth the assignment of easement interests must be approved by the Board;and WHEREAS, the State of Florida Department of Transportation has made application to Collier County to enter into an agreement assigning all interest in the lands stated within that agreement to the State of Florida Department of Transportation, for which the State of Florida Department of Transportation shall assume all responsibilities with regard to maintenance of said easements for the purpose of constructing and maintaining outfall and drainage ditches and drains, at no additional costs to the State of Florida Department of Transportation, and said request having been duly considered;and WHEREAS,said use is in the best interest of Collier County;and WHEREAS,said easements are no longer necessary for Collier County purposes. NOW THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Collier County,that the application of the State of Florida Department of Transportation for an assignment and assumption of easements is for the purpose of constructing and maintaining outfall and drainage ditches and drains which are in the public or community interest and for public welfare; that the easements required by the State for the purpose of constructing and maintaining outfall and drainage ditches and drains are no longer needed for Collier County purposes: and that an assignment and assumption agreement in favor of the State of Florida Department of Transportation conveying all right, title and interest of Collier County in and to those lands described in the Packet Page -543- �'J 9/22/2015 16.A.4. attached Exhibits "A" and "B" should be drawn and executed by this Board of County Commissioners at no additional costs to the State of Florida Department of Transportation. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at Bartow,Florida. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: ,Deputy Clerk Tim Nance,Chairman Approved as to .rm and legality: ., �$ . ssistant C 4,, ty A lorney L�rtc , Packet Page -544- @ 9/22/2015 16.A.4. F.P. NO. 1954165 EXHIBIT "A" Page 1 of 3 SECTION 03001-000 PARCEL 800-A PERPETUAL NON-EXCLUSIVE EASEMENT A parcel of land lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 3; thence along the north line of the northeast 1/4 of said Section 3, North 89°43' 23" West a distance of 1, 978.57 feet; thence leaving said north line South 00°16'35" West a distance of 102.39 feet to a point on the west line of Market Center, as recorded in Plat Book 41, Page 60 of the Public Records of Collier County, Florida for a POINT OF BEGINNING; thence along said west line South 00°16' 35" West a distance of 1,145.28 feet; thence leaving said west line South 89°51' 13" West a distance of 15.00 feet; thence parallel with said west line of Market Center North 00°16'35" East a distance of 1,144.77 feet to the beginning of a curve having a radius of 3, 174.04 feet; thence along the arc of said curve to the right a distance of 15.01 feet through a central angle of 00°16' 16" with a chord bearing North 87°55'06" East to the end of said curve and to the POINT OF BEGINNING. Containing 17, 174 square feet (0.394 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4353 Page 445, Public Records of Collier County, Florida. AND EXHIBIT A Page 3 of 8 Packet Page -545- 9/22/2015 16.A.4. PARCEL 8C1-A EXHIBIT "A" Page 2 of 3 PERPETUAL NON-EXCLUSIVE EASEMENT That portion of Landscape Tract L-2, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northwest corner of said Landscape Tract L-2; thence along the west line of said Landscape Tract L-2, South 00°16'35" West a distance of 47.65 feet for a POINT OF BEGINNING; thence leaving said west line South 89°43'23" East a distance of 15.36 feet to the east line of said Landscape Tract L-2; thence along said east line South 00°17' 13" West a distance of 991.30 feet to the southeast corner of said Landscape Tract L-2; thence leaving said east line North 89°45' 15" West along the south line of said Landscape Tract L-2 a distance of 15.18 feet to the southwest corner of said Landscape Tract L-2; thence leaving said south line North 00°16' 35" East along said west line a distance of 991.30 feet to the POINT OF BEGINNING. Containing 15, 135 square feet (0.347 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4709, Page 840, Public Records of Collier County, Florida. AND EXHIBIT "B' Page 4 of 8 Packet Page -546- 9/22/2015 16.A.4. PARCEL 801-B EXHIBIT "A" Page 3 of 3 PERPETUAL NON-EXCLUSIVE EASEMENT That portion of Conservation Tract C-2, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Described as follows: The west 15 feet of the North 375 feet of Conservation Tract C-2, Market Center, according to the plat thereof recorded in Plat Book 41, Pages 60 and 61, of the Public Records of Collier County, Florida, and being more particularly described as: BEGIN at the northwest corner of said Conservation Tract C-2; thence along the west line of said Conservation Tract C-2, South 00°16'35" West a distance of 375.00 feet; thence leaving said west line South 89°45' 15" East a distance of 15.00 feet; thence North 00°16' 35" East a distance of 375.00 feet; thence North 89°45' 15" West a distance of 15.00 feet to the POINT OF BEGINNING. Containing 5, 625 square feet (0.129 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4722, Page 1792, Public Records of Collier County, Florida. Des^'- c.s Approved by: r'� s' dames M" c� �2.S.M. 05922 NO.. 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NO. 1954165 under the direction of: PARCELS (AS DESCRIBED HEREIN) Kristen Carlson, Chief Counsel SECTION 03001-000 Post Office Box 1249 STATE ROAD 84 (DAVIS BLVD) City: Bartow, Florida 33831-1249 COUNTY COLLIER Department of Transportation COUNTY DEED THIS DEED, made this day of 20 , by COLLIER COUNTY, a political subdivision of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249. (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations. ) WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in COLLIER County, Florida, va... SEE EXHIBIT "A" FOR LAND DESCRIPTIONS AND EXHIBIT "B" FOR MAP EXHIBITS TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Pace 1 of 12 Packet Page -551- 9/22/2015 16.A.4. IN WITNESS WHEREOF, said grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. ATTEST: (SEAL) County, Florida, Clerk(or Deputy Clerk) By Its Board of County Commissioners (SEAL) Name: Its Chairperson (or Vice-Chairperson) Grantor(s) ' Mailing Address: Approved as to form and legality: Assistant County Attorney Page 2 of 19 Packet Page -552- 9/22/2015 16.A.4. III FP. NO. 1954165 EXHIBIT "A" Page 1 of 8 SECTION 03001-000 PARCELS 100, 102(A&B) , 103, 104, 105, 106, 107, 109 All those certain parcels of land acquired and held by Collier County, a political subdivision of the State of Florida, for State Road 84 (Davis Boulevard) right of way expansion and improvements along said State Road 84; said lands being known as Fee Parcel 100 (Collier County Parcel 101) , Fee Parcels 102 (A&B) thru 107 and Fee Parcel 109; all being shown and depicted on State of Florida Department of Transportation Right of Way Map Section 03001-000 (F.P. No. 1954165) filed of Public Record at the Florida Department of Transportation (FDOT) District One Headquarters in Bartow, Florida. Said parcels of land being more particularly described as follows: PARCEL 100 (Collier County Parcel 101) FEE RIGHT OF WAY That portion of Tract C-2, Cedar Hammock, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 32, Page 91, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of the northwest 1/4 of said Section 3; thence along the east line of said northwest 1/4, South 00°05'56" West a distance of 146.18 feet to the southerly existing right of way line of State Road 84 [Davis Blvd. (per Section 03506-2601)) for a POINT OF BEGINNING; thence continue along said east line South 00°05'56" West a distance of 24.14 feet to the beginning of a curve concave southeasterly and having a radius of 2,789.79 feet; thence leaving said east line the arc of said curve to the left a distance of 2,237.82 feet through a central angle of 45°57'34" with a chord bearing South 54°24'17" West to said southerly existing right of way line and to the end of said curve and the beginning of a curve concave southeasterly and having a radius of 2,789.79 feet; thence along said southerly existing right of way line the arc of said curve to the right a distance of 1,942.97 feet through a central angle of 39°54'15" with a chord bearing North 50°46'24" East to the end of said curve and to the beginning of a curve concave southeasterly and having a radius of 3,224.04 feet; thence continue along said southerly existing right of way line the arc of said curve to the right a distance of 309.35 feet through a central angle of 05°29' 51" with a chord bearing North 73°27'57" East to the end of said curve and to the POINT OF BEGINNING. Containing 25,390 square feet (0.583 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4395, Page 2697, Public Records of Collier County, Florida. AND Page3 of 19 Packet Page -553- 9/22/2015 16.A.4. PARCEL 102 EXHIBIT "A" Page 2 of B FEE RIGHT OF WAY A) A parcel of land lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: BEGINNING at the northeast corner of Tract C-2, Cedar Hammock (per Plat Book 32, Page 91, Public Records of Collier County, Florida) , also being the south existing right of way line of State Road 84 [Davis Boulevard (per Section 03506-2601)] and the beginning of a curve having a radius of 3,224.04 feet; thence along said south existing right of way line the arc of said curve to the right a distance of 168.60 feet through a central angle of 02°59'46" with a chord bearing North 77°46'50" East to a point on the west line of Gator Gate (per Plat Book 7, Page 2, Public Records of Collier County, Florida) and to the end of said curve and to the beginning of a curve having a radius of 3,224.04 feet; thence continue along said south-existing right line and of way the arc of said curve to the right a distance of 498.23 feet through a central angle of 08°51'15" with a chord bearing North 83°39'36" East to the northwest corner of Market Center (per Plat Book 41, Page 60, Public Records of Collier County, Florida) and the end of said curve; thence departing said south existing right of way line run South 00°16'35" West along the west line of said Market Center a distance of 50.04 feet to the beginning of a curve having a radius of 3,174.04 feet; thence departing said west line run along the arc of said curve to the left a distance of 666.95 feet through a central angle of 12°02'22" with a chord bearing South 82°02'03" West to the east line of said Cedar Hammock and the end of said curve; thence along said east line North 00°05'56" East a distance of 51.65 feet to the POINT OF BEGINNING. Containing 33,342 square feet (0.765 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4351, Page 1211, Public Records of Collier County, Florida. ALSO • Page 4 of 19 Packet Page -554- cA • • 9/22/2015 16.A.4. (Parcel 102) EXHIBIT "A" Page 3 of 8 FEE RIGHT OF WAY B) A parcel of land lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the northeast corner of said Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the along the north line of the northeast 1/4 of said Section 3, North B9°43'23" West a distance of 1,978.57 feet; thence leaving said north line South 00°16'35" West a distance of 1,247.66 feet to a point on the west line of Market Center (per Plat Book 41, Page 60, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence along said west line South 00°16'35" West a distance of 865.51 feet to the north line of Cedar Hammock - Unit 2 (per Plat Book 36, Page 05, Public Records of Collier County, Florida) ; thence along said north line South 89°33'14" West a distance of 652.95 feet to the east line of Cedar Hammock (per Plat Book 32, Page 91, Public Records of Collier County, Florida) ; thence along said east line North 00°05'56" East a distance of 868.91 feet; thence North 89°51'13" East a distance of 655.60 feet to the POINT OF BEGINNING. Containing 13.003 acres, more or less, and being known as that same certain property recorded in Official Records Book 4351, Page 1211, Public Records of Collier County, Florida. AND PARCEL 103 FEE RIGHT OF WAY That portion of Landscape Tract L-2, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 3, said point • lying on the survey base line of State Road 84 (Davis Blvd. ) ; • thence along said survey base line and the north line of said Section 3, North 89°43'23" West a distance of 1,978.69 feet; thence leaving said survey base line and said north line South 00°16'35 ' West a distance of 52.35 feet to the northwest corner of said Landscape Tract L-2 for a POINT OF BEGINNING; thence • along the northerly line of said Landscape Tract L-2 South • • 50°39'31" East a distance of 19.79 feet to the east line of said • Landscape Tract L-2; thence leaving said northerly line run along said east line South 00°17'13" West a distance of 35.17 feet; • thence leaving said east line North 89°43'23" West a distance of 15.36 feet to the west line of said Landscape Tract L-2; thence along said west line North 00°16'35" East a distance of 47.65 • feet to the POINT OF BEGINNING. Containing 636 square feet, more or less, and being known as that same certain property recorded in Official Records Book 4360, Page 2642, Public Records of Collier County, Florida. AND • Paae 5 of 19 Packet Page -555- 9/22/2015 16.A.4. PARCEL 104 EXHIBIT "A" Page 4 of 8 FEE RIGHT OF WAY That portion of Lot 3, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis Blvd.) ; thence along said survey base line and the north line of said Section 3, North 89°43'23" West a distance of 1,758.87 feet; thence leaving said survey base line and said north line South 00°16'37" West a distance of 50.00 feet to the south existing right of way line of said State Road 84 (per Section 03506-2601) for a POINT OF BEGINNING; thence along the easterly line of said Lot 3, South 30°41'22" East a distance of 58.31 feet; thence leaving said easterly line North 89°43'32" West a distance of 150.46 feet to the west line of said Lot 3 and to the beginning of a curve concave southeasterly and having a radius of 50.00 feet; thence along the arc of said curve to the right a distance of 78.55 feet through a central angle of 90°00'26" with a chord bearing North 45°16'24" East to said south existing right of way line and to the end of said curve; thence along said south existing right of way line South 89°43'23" East a distance of 70.46 feet to the POINT OF BEGINNING. Containing 6,237 square feet (0.143 acre) , more or less, and being known as that same certain proBerty recorded in Official Records Book 4360, Page 2642, Public Records of Collier County, Florida. AND II Page6 of 19 Packet Page -556- J?) 9/22/2015 16.A.4. PARCEL 105 EXHIBIT "A" Page 5 of 8 FEE RIGHT OF WAY That portion of Tract C-1, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis Blvd.) ; thence along said survey base line and the north line of said Section 3, North 89°43'23" West a distance of 1,119.07 feet; thence leaving said survey base line and said north line South 00°28'45" West a distance of 50.00 feet to the south existing right of way line of said State Road 84 (per Section 03506-2601) for a POINT OF BEGINNING; thence along the east line of said Market Center, South 00°28'45" West a distance of 50.00 feet; thence leaving said east line North 89°43'23" West a distance of 609.45 feet to the easterly line of Lot 3, Market Center (per said plat) ; thence along said easterly line North 30°41'22" West a distance of 58.31 feet to said south existing right of way line; thence leaving said easterly line run along said south existing right of way line South 89°43'23" East a distance of 639.63 feet to the POINT OF BEGINNING. Containing 31,227 square feet (0.717 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4360, Page 2642, Public Records of Collier County, Florida. AND Pagel of 19 Packet Page -557- 9/22/2015 16.A.4. PARCEL 106 EXHIBIT "A" Page 6 of 8 FEE' RIGHT OF WAY That portion of Tract 2, Gator Gate Unit 2, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 7, Page 54, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis Blvd.) ; thence along said survey base line and the north line of said Section 3, North 89°43'23" West a distance of 500.31 feet; thence leaving said survey base line and said north line South 00°16'37" West a distance of 50.00 feet to the south existing right of way line of said State Road 84 (per Section 03506-2601) and to the beginning of a curve concave southwesterly and having a radius of 905.71 feet for a POINT OF BEGINNING; thence along the arc of said curve to the right a distance of 99.07 feet through a central angle of 06°16'01" with a chord bearing South 59°23'40" East to the end of said curve; thence North 89°43'23" West a distance of 704.58 feet to the west line of said Gator Gate Unit 2, also being the east line of Market Center, a subdivision, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida; thence along said west line and said east line North 00°28'45" East a distance of 50.00 feet to said south existing right of way line; thence leaving said west line and said east line run along said south existing right of way line South 89°43'23" East a distance of 618.94 feet to the POINT OF BEGINNING. Containing 33,177 square feet (0.762 acre) , more or less, and beino known as that same certain property recorded in Official Records Book 4026, Page 3583, Public Records of Collier County, Florida. AND it Pace, 8 of 19 Packet Page -558- 9/22/2015 16.A.4. PARCEL 107 EXHIBIT "A" Page 7 of 8 FEE RIGHT OF WAY That portion of Tract 1, Gator Gate, a subdivision as per Plat Book 7, Page 2, and that portion of Tract 2, Gator Gate Unit 2, a subdivision, as per plat thereof recorded in Plat Book 7, Page 54, Public Records of Collier County, Florida, all being in Section 3, Township 50 South, Range 26 East. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 64 (Davis Blvd.) ; thence along said survey base line and the north line of said Section 3, North 89°43'23" West a distance of 491.70 feet; thence leaving said survey base line and said north line South 00°16'37" West a distance of 100.00 feet to the south line of the north 50.00 feet as described in warranty deed recorded in Official Records Book 4026, Page 3583, Public Records of Collier County, Florida for a POINT OF BEGINNING; thence along said south line, South 89°43'23" East a distance of 76.86 feet to the end of said line and the beginning of a curve concave southwesterly, as referenced in said Official Records Book 4026, Page 3563 and having a radius of 905.71 feet; thence along the arc of said curve to the right a distance of 473.16 feet through a central angle of 29°55'57" with a chord bearing South 4l°17'41" East to the east line of said Gator Gate Unit 2 and to the end of said curve; thence along said east line South 00°50'27" West a distance of 97.05 feet to the beginning of a curve concave southwesterly and having a radius of 865.71 feet; thence along the arc of said curve to the left a distance of 602.93 feet through a central angle of 39°54'l5" with a chord bearing North 40°33'22" West to the end of said curve and to the POINT OF BEGINNING. Containing 21,428 square feet, (0.492 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4360, Pa e 2653, Public Records of Collier County, Florida. AND Page of 19 Packet Page -559- 9/22/2015 16.A.4. PARCEL 109 EXHIBIT "A" Page 8 of 8 FEE RIGHT OF WAY A portion of Section 34, Township 49 South, Range 26 East, Collier County, Florida, also being a portion of those lands described in Official Records Book 699, Page 1723 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 34; thence North 89°43'23" West along the south line of said Section 34, a distance of 100.00 feet; thence North 00°29'27" West a distance of 50.00 feet to the southeast corner of those lands described in Official Records Book 699, Page 1723 of the Public Records of Collier County, Florida, said point also being the intersection of the north existing right of way line of State Road 84 (Davis Boulevard) per Section 03506-2601 and the west limited access right of way line of County Road 951 (Collier Boulevard) per Section 03175-2409 for a POINT OF BEGINNING; thence along said north existing right of way line North 89°43'23" West a distance of 28.77 feet; thence North 50°17'25"East a distance of 32.09 feet to said west limited access right of way line; thence along said west limited access right of way line South 11°11'53" East a distance of 21.04 feet to the POINT OF BEGINNING. Containing 297 square feet, more or less, and being known as that same certain property recorded in Official Records Book 4850, Page 1160, Public Records of Collier County, Florida. =tr.c:ir.ti rs Approved by: NOT VA''0 S 7r BOSSED Page 10 of 19 i - Packet Page -560- 9/22/2015 16.A.4. r ° U o 2 1— Es -" U w ^ m w Q 0 n= U -a Q X f- W /f r e ,) O LL O J ‘,"O i cn // w LL O I 4 I N 3 if I rt W i Q o 0 _ o i O - o 1 0 m i Jy 0 Z Q . O_ cc I a- m z U > O z w z zr a Om o z OUN 0 c CC 1 C) z • O CJ w f ,O o a U N v VI J i W U O rn Y Et v I m p 6 a 1° u z V d • rl 2;W. m lg ,L: a 1 w - CL �c, 4• I.n Cr,- ") I ,? I. 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Project: Davis Blvd.Project No.60073 Parcel: 99999—317ESMT ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT(hereinafter"Agreement")dated this _day of ,2015,by and between COLLIER COUNTY, a political subdivision of the State of Florida, 3299 Tamiami Trail East, Naples,Florida 34112(hereinafter"Assignor")and FLORIDA DEPARTMENT OF TRANSPORTATION whose post office address is Post Office Box 1249,Bartow,Florida 33831-1249 (hereinafter"Assignee"). WIT NESSETH: WHEREAS,the parties had previously entered into an advancement/reimbursement Joint Project Agreement dated November 30,2007 for the roadway construction and construction engineering inspection(CEI)services of SR 84(Davis Boulevard)from Radio Road to CR 951(Collier Boulevard)under FM#195416 5 58/68 01(hereinafter"PROJECT");and WHEREAS,Assignor has acquired certain easements,described as follows: SEE EXHIBIT"A" FOR EASEMENT DESCRIPTIONS AND EXHIBIT"B" FOR MAP EXHIBITS, ATTACHED HERETO AND MADE A PART HEREOF SUBJECT to all matters of public record. WHEREAS,the Assignor has easement rights in the lands described in Exhibit"A"by virtue of the following: PARCEL 800-A (County Parcel 102DE): PERPETUAL NON-EXCLUSIVE DRAINAGE EASEMENT recorded in Official Records Book 4353, Page 445,Public Records of Collier County, Florida. and PARCEL 801-A(County Parcel 103DE2): PERPETUAL NON-EXCLUSIVE DRAINAGE EASEMENT recorded in Official Records Book 4709,Page 840,Public Records of Collier County, Florida. and PARCEL 801-B(County Parcel 103DAME): PERPETUAL NON-EXCLUSIVE DRAINAGE,ACCESS,AND MAINTENANCE EASEMENT recorded in Official Records Book 4722, Page 1792, Public Records of Collier County, Florida. WHEREAS,Assignor desires to assign all of its rights and obligations to Assignee, and Assignee desires to accept and assume such assignments and obligations. NOW THEREFORE, in consideration of Ten Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1.The WHEREAS recitals as referenced above are incorporated as a part of this Agreement. 2.Assignor assigns and transfers to Assignee,its successors and assigns,all of its interest to the easements described in Exhibits"A"and "B",attached hereto,to have and to hold the same unto the Assignee,from and after the date hereof. 3.From and after the date hereof,Assignee assumes and agrees to perform and be bound by all of the obligations,terms,covenants, representations,warranties and conditions on the part of Assignor to be kept,observed and performed,occurring or arising from and after the date hereof. Assignor shall have no further obligation for maintenance of those easement areas as described in Exhibits"A" and"B". Page IlofE Packet Page -570- 9/22/2015 16.A.4. IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed as of the day and year above written. AS TO ASSIGNOR: Attest: (SEAL) Collier County,Florida Clerk(or Deputy Clerk) By its Board of County Commissioners Date: (SEAL) Tim Nance,Chairman Date: AS TO ASSIGNEE: ! - x�� - / SPO ` ^ _~` (SEAL) By: j J Date: Approved as to form and boa|uy: Assistant County Attorney Page | 2m8 Packet Page -571- - ! 9/22/2015 16.A.4. F.P. NO. 1954165 EXHIBIT "A" Page 1 of 3 SECTION 03001-000 PARCEL 800-A PERPETUAL NON-EXCLUSIVE EASEMENT A parcel of land lying in Section 3, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the northeast corner of said Section 3; thence along the north line of the northeast 1/4 of said Section 3, North 89°43'23" West a distance of 1, 978.57 feet; thence leaving said north line South 00°16' 35" West a distance of 102.39 feet to a point on the west line of Market Center, as recorded in Plat Book 41, Page 60 of the Public Records of Collier County, Florida for a POINT OF BEGINNING; thence along said west line South 00°16' 35" West a distance of 1,145.28 feet; thence leaving said west line South 89°51' 13" West a distance of 15.00 feet; thence parallel with said west line of Market Center North 00°16'35" East a distance of 1, 144.77 feet to the beginning of a curve having a radius of 3, 174.04 feet; thence along the arc of said curve to the right a distance of 15.01 feet through a central angle of 00°16' 16" with a chord bearing North 87°55' 06" East to the end of said curve and to the POINT OF BEGINNING. Containing 17, 174 square feet (0.394 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4353 Page 445, Public Records of Collier County, Florid. AN it II EZNIEI "A' Pace 3 of 6 Packet Page -572- 9/22/2015 16.A.4. PARCEL 801-A EXHIBIT "A" Page 2 of 3 PERPETUAL NON-EXCLUSIVE EASEMENT That portion of Landscape Tract L-2, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northwest corner of said Landscape Tract L-2; thence along the west line of said Landscape Tract L-2, South 00°16'35" West a distance of 47.65 feet for a POINT OF BEGINNING; thence leaving said west line South 89°43'23" East a distance of 15.36 feet to the east line of said Landscape Tract L-2; thence along said east line South 00°17' 13" West a distance of 991.30 feet to the southeast corner of said Landscape Tract L-2; thence leaving said east line North 89°45'15" West along the south line of said Landscape Tract L-2 a distance of 15.18 feet to the southwest corner of said Landscape Tract L-2; thence leaving said south line North 00°16' 35" East along said west line a distance of 991.30 feet to the POINT OF BEGINNING. Containing 15,135 square feet (0.347 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4709, Paae 840, Public Records of Collier County, Florida. AND IBI L Page 4 of 8 Packet Page -573- 9/22/2015 16.A.4. PARCEL 601-B EXHIBIT "A" Page 3 of 3 PERPETUAL NON-EXCLUSIVE EASEMENT That portion of Conservation Tract C-2, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Described as follows: The west 15 feet of the North 375 feet of Conservation Tract C-2, Market Center, according to the plat thereof recorded in Plat Book 41, Pages 60 and 61, of the Public Records of Collier County, Florida, and being more particularly described as: BEGIN at the northwest corner of said Conservation Tract C-2; thence along the west line of said Conservation Tract C-2, South 00°16' 35" West a distance of 375.0U feet; thence leaving said west line South 89'45' 15" East a distance of 15.00 feet; thence North 00°16'35" East a distance of 375.00 feet; thence North 89°95' 15" West a distance of 15.00 feet to the POINT OF BEGINNING. Containing 5, 625 square feet (0.129 acre) , more or less, and being known as that same certain property recorded in Official Records Book 4722, Page 1792, Public Records of Collier County, Florida. Ap pr0V'eo h_.: ._f ;ram ., S.M. :922 D3te: - Ta Cry_- i?° \I/AI-ID LESS EMBOSSED Pape: 4. of e Packet Page -574- 9/22/2015 16.A.4. 1— ° � 0 Cr.) fi `° W = c;J �/ J CU •D ~O X 0 Q d : jjjiii W1 Q U to - 2 o 0 O m E O O C a.°,C 8 C < e {— CU°°°o_03 �/ LY G K °0 ,.... T --- 0 m.�L O --��L Z -UN0p04--,,m L. X a L U -O,O �C i WN+Ti-C- - m z°uTE"Fo . w_a o.a;+o+?' LI- 'P' °G°oa°+ 0 a°m oTa0 a" o 2°_o°oa mgo° b oy ti �az+po8,78 W O-L: ••On OG V wYl¢L O"6Cm+ G. -00 +LO___ _oaw v o am9°,w + amm °oomo,� , N t+:'`"Ep O uUO J;-Cp D.-. 0 rn Oar o°Up N,.. O -D--E`E-3 u°. 0 V UD,O��O*-' N 0 F- U-N+ 1 LL Q U c oR L,z (7,` ON 0 ° co Z ¢ O N Z 0 E _10 d WE- O °z UU . K e u °- O a - ri F e v 5,14' PEP 1-- � S5C710N 03506-2601 ! 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Z z p - z C v a C U 1.1... ¢ rrza co • 0 w < L C- • zr.im 0 0- N k.i 0 ,r O O V " 0 ' l' c L w co cc L J ¢ o . w, , w0 m p J L J a , J W 2 J Q o K O cco m N Z • o N I I• -- Off) a n) "- I 03 a to v, o niwW i- 1") - -- - a a UI o • v Q o Z I O CL _J / oro a 0 ( O O w z �� v O m 0 c o a F F. vi L>J L 1...< > t0 U N • 2 a N oli , •v 4 1....., H ' d O CC 1 LL O o o o ca Iu j - ali a 1 uI I tD I = 1 aj � 1v Lt tt- JJ , - "`▪' z c , 0 > W /^ < > i `� _ c , d D I- / z _ t O ���/ a tl') I in Iz, • I- t 1 , H 0 I-1- Z O I- ■ z = , , w u , 1 H LU a ■ w 0 J Q W O U 2• CC 3N(1 We u CL Packet Page -576- 9/22/2015 16.A.4. W J O O U U to CO C co Oi .-4 w w J Q 0 X r z LJJ o f a L. 'a{ 0 OSZ 99E 3N17 35N9 mans u.. N 8' •5 0 N m 6\---.- )...(Dr .:,0_3 • \ W o _ ti a • a Ln x O- N Q =` o cc O 3 O o a LL o Q c■i 3 `^ N i- v °0 1 rn • L w a, C N o I 3 a C' C a i c 6 z O vi 0, / 3 . 3 O m f- 1.- m. U GP J P CQ I Z 4 0 a O CC 0 2. Q o Oo ao ao z Q � 4 I ? / a_C I�' - rn m ° O cq ' ° V z J + ti G �c ,Li,a. is E W I �I2 I IC Lz- _ j I C G G. i,r, U z p li Q v ti p ti^O L I t W s� I _ C w ' 0,' H v H CC cc I a 0 - z Q I Q= - F- 0 a a0 Z w , I= z 2 w u we a M a 1— L!P f I _ f I a G G.1 CD : n J w V� ( � 1 i 0 U iom , a ° 0_ a P p C C C 4,G Packet Page -577- I 9/22/2015 16.A.4. FM #195416 5 58 01 JOINT PROJECT AGREEMENT BETWEEN TIIE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENI'") and COLLIER COUNTY, FLORIDA, (hereinafter, "COUNTY")for roadway construction and construction engineering inspection (CEI) services on. SR 84 (Davis Boulevard) from Radio Road to CR. 951. WI T N E S S I T I-I 1. WHEREAS,the COUNTY in accordance with Section 339.12(4)(c)is requesting to enter into an advancement/reimbursement joint project agreement outside the five year adopted work program (LFRF) for the roadway construction and construction engineering inspection (CI) services of SR 84 (Davis Boulevard) from Radio Road to CR 951 under FM #195416 5 58/68 01 (hereinafter. "PROJECT"): and 2. WHEREAS, said PROJECT is on the State Highway System,and is not revenue producing;and 3. WHEREAS, the COUNTY is willing to advance fund and undertake the PROJECT in fiscal year 2007/2008 and the DEPARI'MENT is willing to reimburse the COUNTY for costs directly related to the construction,construction engineering and inspection (hereinafter,"C_l;I"), for the PROJECT as described herein: and 4. WIII;REAS, the COUNTY by Resolution too.;' dated the day of 2007,a copy of which is attached hereto and made a part hereof.has authorized the C haifman or designee to enter into this Agreement. NOW TI-IER1:j,PORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. SERVICES AND PERFORMANCE A) The COUNTY shall undertake the construction and CI/I of' the project and the DEPARTMENT shall pay for said services, as stated in the PAYMENT TERMS section, provided they are performed in accordance with the DEPARTMENT'S specifications and the terms and conditions in this Agreement. B; The PROJECT consists of construction and (C;I)services of SR 84(Davis Boulevard)from Radio Load to CR 951. C} The COUNTY shall undertake the Project. with its own forces or through a contractor, in accordance with DEPARTMENT'S standards, specifications, permit requirements, and all applicable federal, state and local statutes, rules and regulations. The COUNTY shall be responsible for obtaining clearanceslpermits required for the construction of the Project from the appropriate permitting authorities. Packet Page -578- 9/22/2015 16.A.4. FM tt 195416-5-58/68-01 COLLIER COUNTY Page 2 of 10 D) The DEPARTMENT will be entitled at all times to be advised,at its request,as to the status of work being done by the COUNTY and details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. E) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F) If applicable, the DEPARTMENT must approve any consultant selected for the PROJECT. The COUNTY shall certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act, F.S. §287.055. Any consultant, including any sub-contractor or sub-consultant,shall be qualified with the DEPARTMENT as required by DEPARTMENT regulations and applicable law. 0) All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the right to visit the PROJECT site for inspection of the work and the drawings at any time. El) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of F.S. Chapter 119, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. 1) All notices under this Agreement and invoices from the COUNTY to the DEPARTMENT shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation Nick Casalanguida Post Office Box 1249 Collier County Transportation Planning MS 1- 2885 South Horseshoe Drive Bartow, Florida 33831-1249 Naples. FL 34104 < PAYMENT TERMS A) The, DEPARTMENT'agrees to a maximum participation in the PROJECT in the amount of TWENTY MILLION DOLLARS ($20,000,000.00). Payment shall be made in a reimbursement schedule of four (4) Five Million Dollars (55,000,000.00) YEARLY PAYMENTS to the COUNTY in accordance with F.S. §339.12(4)(a), totally subject to legislative approval and appropriation. in any event reimbursement payments will not take place before July 1, 2012, the fiscal year in which the payback is programmed to begin. Packet Page -579- 9/22/2015 16.A.4. FM # 195416-5-58/68-01 COLLIER COUNTY Page 3 of 10 B) The DEPARTMINf shall pay the COUNTY for the herein described services at the compensation amount as detailed in this Agreement.The COUNTY agrees to complete the PROJECT for the amount set forth in this Agreement. The COUNTY shall provide any additional funding required to complete the PROJECT. C) In the event the COUNTY proceeds with the PROJECT f with its own forces, the COUNTY will only be reimbursed for direct costs(this excludes general and administrative overhead). D) The COUNTY agrees to the following time frames: (a) upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise; (b)the DEPARTMENT has 20 days to deliver a request for payment(voucher)to the Department of Banking and F inance;(c)the 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. F) If a payment is not available within 40 days,a separate interest penalty at the rate established pursuant to F.S. §55.03(1). per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (81) dollar will not be enforced unless the COUNTY requests payment, Invoices which have to he returned to the COUNTY because of the COUNTY'S preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 1) A Vendor Ombudsman has been established within the Department ofBankinu and Finance. The duties of this individual include acting as an advocate for the COUNTY if it experiences problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at(850) 410-9724 or by calling the Department of Financial Services Hotline. 1-800-848-3792. (I) invoices or requests for payment from the COUNTY shall be submitted quarterly in detail sufficient for a proper pre-audit and post-audit thereof and in sufficient detail for the DEPARTMENT to confirm the extent of'work completed and compliance of such work with the terms of this Agreement. I-I) Bills or invoices tor travel expenses, if applicable, specifically authorized in this Agreement shall be submitted and paid in accordance with F.S. `;I l 2.061. I) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DI. PARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include any consultant's or contractor's general accounting records and the project records, together with supporting documents and records, of any consultant or contractor and all sub-consultants or sub-contractors performing work on the PROJECT,and all other records of the PROJECT considered necessary by the DEPARTMENT for a proper audit of costs. Packet Page -580- 9/22/2015 16.A.4. 1 M # 195416-5-58/68-01 COWER COUNTY Page 4of10 J) The DEPARTMINT,during any fiscal year, shall not expend money, incur any liability,or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,made in violation of this subsection is null and void,and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DIPARTMINT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly,the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. K) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (GENERAL PROVISIONS A) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements,or understandings applicable to the matters contained herein,and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly,it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification_ amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. B) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. C) Except as otherwise provided herein,this Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. 0) If any part of this Agreement shall be determined to he invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. E) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. Packet Page -581- 9/22/2015 16.A.4. I✓t #t 195416-5-58/68-01 COLLIER COUNTY Page 5 of 10 F) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. §287.017, Florida Statutes, for CATIGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 0) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a hid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity. 4. TERMINATION A) The DEPARTMENT reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall he placed in either voluntary or involuntary bankruptcy. The DEPARTMENT'further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. B) if the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(i)_notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within sixty(60)days or some other time mutually agreed upon by the parties in writing,otherwise the Agreement will be terminated at the end of such time, or (ii) taking whatever action is deemed appropriate by the DEPARTMENT. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the 1)EPARTM1NT of any breach of covenant or any default which nay then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY.the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. Packet Page-582- 9/22/2015 16.A.4. FM# 19S416-5-58/68-01 COWER COUNTY Page 6 of 10 E) If the Agreement is terminated before performance is completed.the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment;however,may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will he turned over promptly by the COUNTY. 5. INDEMNITY A) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen(14)working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein, B) The COUNTY agrees to include the following indemnification provision in all contracts with contractors/sub-contractors and consultants/sub-consultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMLNT and all of its officers, agents or employees from all suits. actions. claims, demands, liability o 1'any nature whatsoever arising out of_because of,or due to any negligent act or occurrence of omission or commission of the contractor, its officers,agents or employees. Neither the contractor,nor any of its officers. agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." C) Nothing in this Agreement shall be construed as a waiver of the defense of sovereign immunity or any limit of liability pursuant thereto by either the DEPARTMENT or the COI JN'['Y. Packet Page -583- 9/22/2015 16.A.4. FM # 195416-5-58/68-01 COLLIER COUNTY Page 7 of 10 D) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 6. AUDITS A) Audits:The administration of resources awarded by the DEPARTMENT to the COUNTY may be subject to audits and/or monitoring by the Department,as described in this section. B) MONITORING i) By entering into this agreement,the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DI=PARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate,the COUNTY agrees to comply with any additional instructions provided by the DEPARTMENT staff to the COUNTY regarding such audit. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. C) PART 1: STATE FUNDED i) The COUNTY as a recipients of state funds pursuant to P.S. §215.97(2)(m), i.e., a non- state entity as defined by §215.97(2)(m), is to have audits done annually using the following criteria: ii) Under P.S. §215.97 (2) (a): Each nonstate entity that expends a total amount of state financial assistance equal to or in excess of 5500,000 in any fiscal Year of such nonstate entity shall be required to have a state single audit, or a project-specific audit, for such fiscal year in accordance with the requirements ofthis section and applicable rules of the Executive Office of the Governor and the CFO;and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules ofthc Auditor General. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. iii) In connection with the audit requirements addressed in C) i) above, the COUNTY shall ensure that the audit complies with the requirements of P.S. §215.97(7). This includes submission of a financial reporting package as defined by P.S. §215.97(2)(d). and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-pro fit organizations). Rules of the Auditor General. Packet Page-584- 9/22/2015 16.A.4. FM # 195416-5-58/68-01 COLLIER COUNTY Page&of 10 iv) If the COUNTY expends less than` 500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of F.S. §215.97 is not required. In the event that the recipient expends less than$500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of F.S. §215.97,the cost of the audit must be paid from the non-state entity's resources(i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). v) State awards are to be identified using the Catalog of State Financial Assistance(CSFA) title and number, award number and year, and name of the state agency awarding it. D) PART II: OTHER AUDIT REQUIREMENTS i) "File COUNTY shall follow up and take corrective action on audit:findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. ii) Records related to unresolved audit findings,appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT. the Comptroller, and the Auditor General. -Phis section does not limit the authority of the DEPARTMEN'1'to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. 1_ ) PART III: REPORT SUBMISSION i) Any reports, management letter, or other information required to be submitted to the DL-PARTMENT pursuant to this agreement shall he submitted timely in accordance.. Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations). Rules of the Auditor General, as applicable. ii) Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. iii) The documents listed below in (l) and (2) shall be submitted to the DEPARTMENT: Florida Department of Transportation Attn: Karen A. Miracoia. District .IPAII_FA Coordinator PO Box 1030 Fort Myers, FI., 33902-1030 (1) Copies of financial reporting packages required herein by Florida Statutes. (2) Copies of reports or the management letter required herein by Florida Statutes. Packet Page -585- 9/22/2015 16.A.4. FM# 195416-5-58/68-01 COLLIER COUNTY Page 9 of 10 iv) The documents listed above in (1)and(2) shall be submitted to the Auditor General's Office: Auditor General's Office Room 401, Pepper Building 11 I West Madison Street Tallahassee, Florida 32399-1450 F) PART IV: RECORD RETENTION i) The COUNTY shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, the state CI=O or Auditor General access to such records upon request. The COUNTY shall ensure that the independent audit working papers arc made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. Packet Page -586- 9/22/2015 16.A.4. FM # 195416-5-58/68-01 COLLIER COUNTY Page 10 of 10 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf,by the Chairman or its designee.as authorized by Resolution Number ,and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: COLLIER COUNTY, FLORIDA ATTEST C.,'I,ERktit4 t CHAIRMAN OR DESIGNEE 5ilnatirt pal 1.'; 1)ATI PRIN'l NAM!. C 01,1,1E1: Mt INTY„,I,FyAl. REVIKW: 13 r.)A if $J7.,,TF: OF Fl ,ORIDA DEPARTMENT OF TRA,IxSpoRTATKIN I SI'CRE": ATY (Slid DIS MR" I SECRI-I /MO. OR DFSI(NI I)I FRILl ONE ■ 1 I 1'1<.1\1 1,1\11 1/Al 111.;\ DEN 01 II:AV; 1.1-(1A1, Kr V11 \? 1111'; Packet Page -587- -------„----...7,„ --.......: 140111 9/22/2015 16.A.4. —... Florida Department of Transportation L'.- C.:A. Dept CHARLIE CRIST 10041 Daniels Parkway STEPHANIE C.KOPELOUSOS GOVERNOR Fort Myers,Florida 33913 SECRETARY August 13, 2010 Ms. Marlene Massem, P.E. Senior Project Manager Collier County Growth Management Division 2885 Horseshoe Drive South Naples, Florida 34104 Re: Executed 1st Amendment to joint project agreement for SR 84 (Davis Blvd) from Radio Rd to Collier Blvd (SR/CR 951) FM# 195416 5 58 01 Dear Ms. Massem: Enclosed is one (1) fully executed Amendment for your records on above referenced project. If ou have any questions, please feel free to contact me at (239) 461-4300. Sincerely, ,, ---_, , , i / A Yiii,n_ola District LF.A.I.IPA Coordinator KAM tp Enclosure Cc: David A. Paniilio. Project Manager. MS-63 0,,/attachment) Packet Page -588-s 9/22/2015 16.A.4. FM#195416 5 58 41 FIRST AMENDMENT TO JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY CHAIRMAN OR DESIGNEE As of J(DI 1 D COLLIER COUNTY,FLORIDA When signed by Collier County and the State of Florida. Department of Transportation in the places provided below, the following shall constitute the First Amendment (the "1ST Amendment"): to the JOIArT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE COLLIER COUNTY' (hereinafter, "AGREEMENT") dated November 30,2007 as in force immediately prior to the execution of this First Amendment: A. All expressions used herein. unless herein separately defined, shall have the same meaning herein as in the Agreement. B. Except as expressly or by necessary implication modified hereby, all provisions of the AGREEMENT shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the AGREEMENT and the provisions of the Amendment,the latter shall prevail. C. Section I. SERVICES AND PERFORMANCE, paragraph B) is deleted in its entirety and in its place is substituted the following: 3. The PROJECT consists of construction and (CEI) services of SR 84(Davis Boulevard) from Radio Road to Collier Boulevard (SR/CR951) including intersection improvements at SR 84 (Davis Boulevard) and Collier Boulevard (SR/CR951) and continuing north to Magnolia Pond Drive. Rest of this page intentionally left blank. Packet Page -589- 9/22/2015 16.A.4. 1 . FM#195416 5 58 01 l''AMENDMENT TO JPA:COLLIER COUNTY Page 2 of 2 This I s' Amendment shall becT I meeffeetive on: S' IC 1U ocpartmm to enter daw ACKNOWLEDGED AND AGREED TO: COLLIER COUNTY,FLORIDA '''(- tA) . 1 — , , I CI E-•RI•!112141"". " to,--14tethes4 f (Seal) CHAIRMAN OR DESIGNEE 11,Vt-ttort ;jai', , \Af CoN'Le 4-1blit DATE PRINT NAME DATE COLUI1Rc3NJ.IGAL RIIVIDA. 1.1. 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