Resolution 2004-213
RESOLUTION NO. 2004-.213
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A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE
CHAIRMAN TO EXECUTE, TWO (2) HIGHW A Y LANDSCAPING
INSTALLATION AND MAINTENANCE AGREEMENTS WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR LANDSCAPE
DEVELOPMENT IMPROVEMENTS WITHIN THE RIGHT-OF-WAY OF S.R.
29 IN DOWNTOWN IMMOKALEE.
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter
into two (2) Highway Landscaping Installation and Maintenance Agreements ("Agreements")
with Collier County, wherein upon written approval of a Landscape Development and
Technical Maintenance Plan by FOOT, Collier County will install and maintain certain
landscape development improvements (including decorative street lights and trees) within the
right-of-way of S.R. 29 in downtown Immokalee; and
WHEREAS, FOOT is willing participate in this project for design/construction in a
combined amount up to $300,000; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to install and maintain landscape development improvements within the right-of-
way of S.R. 29 in downtown Immokalee, and that these Agreements are in the best interest of
the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreements and authorizes its
chairman, Donna Fiala, to execute the Agreements.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FOOT along with the executed Agreements.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this .:(;), day of ..T U,/l/-e
,2004.
A TrEST:
DWIGHT E.BRp<;:~,~lerk
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signa . ,~r~.anilsf.aI:~qlt~lt{ency:
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER UNTY, FLORIDA
By:
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STATE OF FLORIDA DEPART~IENT OF TRANSPORTATION -
HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
(WITH PLANS TO BE APPROVED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT)
THIS AGREEMENT, made and entered into this J),valay of J vAIL ,2004, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the DEPARTMENT, and COLLIER COUNTY, hereinafter referred to as the
AGENCY.
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Roads as part of
the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way ofSR 29 @ Downtown Immokalee;
FM# 407977 1 58 01 programmed in fiscal year 2003/2004 hereinafter referred to as the PROJECT;
and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating añd setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated uJ/AJ-L-~. JOo <./ , a copy of which
is attached hereto and made a part hereof, has authorized its Chairma'n of the Board of County
Commissioners to enter into this Agreement on behalf of the AGENCY;
NO\V, THEREFORE, for and in consideration of the mutual benefits to flow éach to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT that subsequent to the execution
of this Agreement it will:
(a) Ascertain the location of all existing utilities, both aerial and underground. A
letter of notification and plan of the landscape development improvements
will be mailed no later than to the following
utili ties/muni ci pali ties:
(b) Comply with all permit requirements from the appropriate agencies (county,
municipality, etc.) in connection with the activities described hereunder.
Outdoor advertising is specifically excluded from this Agreement in accordance \vith
Section 479.11, Florida Statutes.
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2. The AGENCY hereby agrees to install the landscape development improvements in
accordance with a Landscape Development Plan to be approved by the DEPARTMENT subsequent
to the execution of this Agreement. Such installation shall be in conformance with Rule 14-40,
Florida Administrative 'Code, and the Highway Landscape Beautification and Plan Review Procedure
(Topic 650-050-001-c), as they may be amended from time to time. No work shall be authorized
to begin prior to the written approval of the Landscape Development Plan by the
DEP ARTMENT.
3. The AGENCY agrees to maintain the landscape development improvements in
accordance with a Technical Maintenance Plan to be approved by the DEPARTMENT subsequent
to the execution of this Agreement. No work shall be authorized to begin prior to the written
approval of the Technical Maintenance Plan by the DEPARTMENT.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTME~T's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. The DEPARTMENT agrees to a maximum participation in the Project, including
contingencies, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00).
6. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold harmless, the'DEP ARTMENT and all of its officer;' agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, 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 negligence of the DEPARTMENT or any of its officers, agents or
employees.
7. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
8. This Agreement shall remain in effect until such time the AGENCY or
DEP ARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not been removed, the
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DEPARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape improvements within the limits of said project with
DEP ARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
9. The tenn of this Agreement commences upon execution by both parties. The
Landscape Development Plan and the Technical Maintenance Plan shall be completed and submitted
for approval by the DEPARTMENT on or before Utility
clearances shall be obtained on or before . Construction shall be
completed on or before
10. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
11. This Agreement may not be assigned or transferred by the AGENCY in whole or part
\-vithout the written consent of the DEPARTMENT.
12. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
,.
'. -
H IDEMO/SHARED/LANDSCAP/MOMDOC
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
COLLIER COUNTY, FLORIDA
BY, (f~ dd
Chairm
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
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ATTEST: (SEAL)
Executive Secretary
Legal Review:
District Legal Counsel
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