Resolution 2006-093
I
RESOLUTION NO. 2006. 93
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE, AN INTERLOCAL AGREEMENT WITH THE
SCHOOL DISTRICT OF COLLIER COUNTY, FOR THE CONSTRUCTION OF A SIDEWALK
ON FLORIDAN A VENUE FROM CONFEDERATE DRIVE TO BROW ARD STREET.
WHEREAS, the School District of Collier County ("District") is willing to enter into an Interlocal Agreement
("Agreement) with Collier County, wherein the District will provide funds to Collier County the sum of $200,000 for
the construction of a sidewalk on Floridan Avenue from Confederate Drive to Broward Street to be reimbursed no later
than July 31, 2010.
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to
construct this sidewalk, and that this Agreement is in the best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to the District along with the
Agreement for execution by District.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this ~ day
of -8.pr' I , 2006.
ATTEST: .."..
DWIGHT E. BROCK,t:lerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By ~~_
-FRANK HALAS, Chal~~ ;...-
2:[
3863747 OR: 4063 PG: 1400
RICORDID in OFFICIAL RlCORDS of COLLIIR COUIlY, 1L
06/29/2006 at 10:51AK DWIGHT I. BROCI, CLIRI
RlC 111 V.W
COPIIS 3.00
MIse 1.50
'"
cott R. Teach
Assistant County Attorney
Retn:
CURl TO fBl BOARD
INTIROPPICI 4TH PLOOR
11'1' 7240
;
-
.:-'
OR: 4063 PG: 1401
INTERLOCAL AGREEMENT: THE SCHOOL DISTRICT OF COLLIER COUNTY
,
. 'FLORIDA AND COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA
FLORIDAN A VENUE/CONFEDERA TE DRIVE TO
FLORIDANIBROW ARD STREET SIDEWALK PROJECT
WHEREAS, this is an Interlocal Agreement ("Agreement") between the The School
District of Collier County ("District") and Collier County, ("County") a political
subdivision of the State of Florida; and
WHEREAS, the County will construct a 6' wide concrete sidewalk on the south side of
Floridan A venue from the intersection of Floridan and Confederate Drive to the
intersection of Floridan Avenue and Broward Street in Collier County, Florida (the
"Sidewalk Project"). The District, being desirous of the prompt completion of the
Sidewalk Project because it will reduce the use of its busing resources and provide for
pedestrian travel, agrees to advance the County $200,000.00 for construction costs in
September 2006 (the "Advance Funds"), subject to the County's promise to timely
reimburse the District for that sum.
WHEREAS, this Agreement will enable the County to commence the Sidewalk Project
in the most expedient and economical manner to the benefit of the taxpayers and the
District, and
WHEREAS, the County and the District have determined and mutually agree that it is
economically advantageous and in the best interest of the public to consummate this
Agreement to provide for the expedited construction of the Sidewalk Project by County _
as stated herein,
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
SECTION I: COUNTY'S RESPONSIBILITY.
1 :00 The County shall design and construct the Sidewalk Project by July 31, 2007.
1:01 The County shall reimburse the District for the Advance Funds pursuant to this
agreement, in the amount of $200,000.00, by no later than July 31, 2010.
SECTION II: DISTRICT'S RESPONSIBILITY.
2.00 The District shall pay the Advance Funds of $200,000.00 to the County on or
before September 30,2006.
,
III
$8.50 OR: 4063 PG: 01401A ***
SECTION III: MUTUAL COVENANTS.
":3.:00 This Agreement shall remain in full force and effect from the date below written
and shall termina~e upon the completion of the services and responsibilities mutually
performed by the District and County.
3.01 This Agreement shall be governed by and constructed under the laws of the State
of Florida. In the event any litigation is instituted by way of construction or enforcement
of this Agreement, the party prevailing in said litigation shall be entitled to collect and
recover from the opposite party all court costs and other expenses including reasonable
attorney's fees.
3.02 It is understood that this Agreement must be executed by both parties prior to the
commencement of the work, services, duties and responsibilities described heretofore.
3.03 County shall record this Agreement in the Official Records of Collier County,
Florida, as soon as practicable after approval and execution by both parties.
ATTEST:.
III ;i . t. ' , . \"
DW. .JGRj E . ~~.~'" ',K.." Clerk BOARD OF COl,'NTY COMMISSIONERS,
_ ";l.: " .' ~..' "'Q Q COLLIER COUNTY~A.
~. :- ~~ ~~~
Deputy Clerk:.. . By: ~ ~~
AtUSl 'f' to .0-.11"114" \ FRANK HALAS, Chairman
,1Qf1ature on 111
iA. THLEEN CURATOLO, Chairman
erintendent
Attest: :
RAYMO
~ho~JJh;K
, Rich d W. Withers
Date: '-t. /..0'
2