Backup Documents 11/13/2012 Item #11JORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 routine lines #1 through #4. complete the checklist and forward to Ian Mitchell (line #5)
Route to Addressee(s)
List in routing order)
Office
Initials
Date
1.
Management
(Initial)
Applicable)
2.
11/13/12
Agenda Item Number
11 -J
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
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11/15/12
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
` 1 1 %-I-
6. Minutes and Records
Clerk of Court's Officem
(� 1 V ((-2—
`'JE N2 5 Flp�(-611F)30 Number
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Michael Dowling, Real Property
Phone Number
252 -8743
Contact
Management
(Initial)
Applicable)
Agenda Date Item was
11/13/12
Agenda Item Number
11 -J
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
I
Naples Zoo - Parking Agreement
I
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2/4.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
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should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on 11/13/12 and all changes made during
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the meeting have been incorporated in the attached document. The County Attorne
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2/4.05
08- MGR - 00132/33
11J
IMPROVEMENTS TO PARKING AREA AGREEMENT
Naples Zoo
THIS AGREEMENT is made and entered into this 1P day of November, 2012, by and
between Naples Zoo, Inc., a Florida non - profit corporation whose mailing address is 1590
Goodlette -Frank Road, Naples, Florida 34102 (hereinafter referred to as "Zoo "), and the Board
of County Commissioners of Collier County, Florida, as the governing body of Collier County, a
political subdivision of the State of Florida (hereinafter referred to as "County "), whose mailing
address is 3335 East Tamiami Trail, Naples, Florida 34112.
RECITALS:
WHEREAS, the parties entered into the Lease Agreement dated December 12, 2005, by
way of a Novation Assignment of Lease Agreement dated December 19, 2005, from the Trust
for Public Land, a California not - for - profit corporation, and then subsequently amended on
November 10, 2009, and again on June 8, 2010; and
WHEREAS, the County, the Zoo and the Conservancy of Southwest Florida, Inc.
( "Conservancy "), entered into a Shared Parking and Access Agreement on June 26, 2012,
whereby allowing the Zoo and Conservancy to utilize the County -owned property adjacent to the
Zoo for overflow parking ( "Parking Area "). In exchange for the Conservancy's use of the
Parking Area, the Conservancy will allow the Zoo and the County to access its entrance off
Goodlette Road and utilize its parking area for overflow parking; and
WHEREAS, the Board of County Commissioners approved the development of the
Gordon River Greenway project on December 11, 2007, which included providing the public
with access to recreational activities on and along the Gordon River, whereby the County will be
required to provide guest vehicular parking; and WHEREAS, the purpose of this Agreement is
to set forth the parties' understanding and agreement to the future development and financial
responsibility by each party as to certain improvements to the Parking Area as set forth below.
1
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WITNESSETH:
NOW, THEREFORE, in consideration of $10.00 and other good and valuable
consideration exchanged between the parties, the parties agree as follows:
1. All of the above recitals and exhibits referenced therein are true and correct and
are hereby expressly incorporated herein by reference as if set forth fully below.
2. The County shall pay all costs for the improvements of the Parking Area and
those improvements required by the alteration of the property. The improvements shall consist
of an entrance drive off Goodlette Road, access road leading to the Parking Area, the overflow
Parking Area, as well as any associated water management requirements. The attached exhibit
shows the area of the improvements. Based on preliminary estimates by the County, the
estimated cost of these improvements is approximately $2.6 million. Zoo agrees to fully
cooperate with the County during the permitting and construction of this project.
3. Following the completion of the project, and irrespective of the final cost of the
project, the Zoo shall pay County 50% of the certified final construction costs. Initial payment of
$260,000 is due within 30 days of issuance of the Notice of Commencement from the County to
the contractor. The next payment will also be in the amount of $260,000 and is due one year
later on the anniversary date of the initial payment. Subsequent payments shall be provided to
the County in three (3) equal annual installments determined by final certified construction costs
less the payments previously made by the Zoo. Payments shall be due and payable on each
anniversary of the initial payment.
4. Following the completion of the project, and notwithstanding anything to the
contrary, Zoo will provide at its sole cost and expense, all day -to -day maintenance of the Parking
Area, including mowing grass, tree trimming, emptying trash receptacles, and minor equipment
and pavement repairs. Any maintenance project in excess of $5,000.00 shall be discussed by
both parties prior to the contracting of any project, and which costs will be shared equally.
(Signatures appear on next page)
2
11J
IN WITNESS WHEREOF, the County and the Zoo have hereto executed this Agreement
the day and year first above written.
AS TO THE ZOO:
Date: f/-6 — •20/2 --
WITNESSES:
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Signature
(print name)
Signkure
(print nam
AS TO THE COUNTY:
//_ /3- " z-
ATTEST:
DWIGHT E: BRQ'C. CLERK
312
and legal sufficiency:
Jeffrey . 1 tlatzkow, County Attorney
Naples Zoo, Inc.,
a Florida not - for - profit corporation
(Corporate Seal)
By:
board Chairman
&-# kf- %,., D A CIL" A
(print name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ��� ) Qk�A 0
FRED W. COYLE, CHAI N
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LEGAL DESCRIPTION OF
CROSS SHARE AGREEMENT EXHIBIT A -2
ALL THAT PART OF LOTS 3, 4, AND 5 OF NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 2
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTH '/4 CORNER OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
NORTH 89 °45'51" EAST 74.17 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF-
WAY OF GOODLETTE ROAD PER O.R. BOOK 246, PAGE 59, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 04040'14" WEST 148.37 FEET
TO THE NORTH LINE OF LOT 3;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY NORTH 04040'14" WEST A
DISTANCE OF 234.12 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY NORTH 000 16'35" WEST A
DISTANCE OF 360.83 FEET;
THENCE LEAVING SAID EASTERLY RIGHT -OF -WAY NORTH 89 043'25" EAST A DISTANCE OF
75.00 FEET;
THENCE SOUTH 00 016'35" EAST A DISTANCE OF 14.05 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89 043'25" EAST 47.00 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °52'11" AN ARC DISTANCE OF 47.47 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS SOUTH 31 °51' 13" WEST 114.00 FEET; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57 °43'27" AN ARC
DISTANCE OF 114.85 FEET;
THENCE SOUTH 00025'19" EAST A DISTANCE OF 96.80 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89 °34'41" EAST 50.00 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32 015'51"
AN ARC DISTANCE OF 28.16 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT WHOSE
RADIUS POINT BEARS SOUTH 57 027'55" WEST 104.96 FEET; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31057'40" AN ARC DISTANCE OF
58.55 FEET;
THENCE SOUTH 00025'19" EAST A DISTANCE OF 67.54 FEET;
THENCE SOUTH 05 028'47" WEST A DISTANCE OF 53.92 FEET;
THENCE SOUTH 05 059'04" EAST A DISTANCE OF 144.57 FEET TO AN INTERSECTION WITH
THE NORTH LINE OF SAID LOT 3;
THENCE NORTH 89 °39'50' EAST ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF
525.15 FEET;
THENCE LEAVING THE NORTH LINE OF SAID LOT 3 SOUTH 00020'12" EAST A DISTANCE OF
494.24 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 3;
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THENCE SOUTH 89040'11 " WEST ALONG THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF
653.61 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY OF GOODLETTE
ROAD;
THENCE NORTH 04 039'04" WEST ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF
312.14 FEET;
THENCE CONTINUING ALONG SAID RIGHT -OF -WAY NORTH 04040'14" WEST A DISTANCE OF
35.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 9.69 ACRES OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE,
NAD 83/90 DATUM AND REFERENCED TO THE NORTH LINE OF LOT 6, NAPLES
IMPROVEMENT COMPANY'S LITTLE FARMS PLAT OF SECTION 27, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING NORTH 89-53'18" EAST.
AGNOLI, BARBER & BRU GE, INC.
PROFESSIONAL ENG RS, PLANNERS & SURVEYORS AND MAPPERS
BY
WAYN, D. AG OLI , R.S.M. NO.5335 DATE
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