Agenda 02/09/2021 Item #16C1 (Right of Entry w/Naples Botanical Garden)02/09/2021
EXECUTIVE SUMMARY
Recommendation to approve the attached Right of Entry which will provide Naples Botanical
Garden with temporary legal access onto certain County-owned park lands to plant trees funded
by the Community Foundation of Collier County ($300,000 for Collier County and $50,000 for
Immokalee).
OBJECTIVE: To plant trees on certain Collier County park lands as coordinated with Naples Botanical
Gardens per the Collier Trees Project Agreement (ref. Exhibit A to the attached Right of Entry) between
Naples Botanical Garden and the Community Foundation of Collier County.
CONSIDERATIONS: The Community Foundation of Collier County intends to contribute $450,000 for
the planting of trees at various locations within the municipalities of Everglades City, City of Naples, and
Collier County. Specifically, the Foundation has designated $300,000 for trees in Collier County
locations and $50,000 for trees in Immokalee locations. Naples Botanical Garden is the fiscal agent and
project manager. Planting locations are to be mutually determined by Collier County Parks and
Recreation and Naples Botanical Garden
Parks’ staff are working with the Naples Botanical Gardens to establish plans for the respective plantings
in County owned Parks. The Naples Botanical Gardens will work directly with Everglades City and the
City of Naples for the plantings associated with those locations.
For Naples Botanical Gardens to perform the work, coordination with County Parks and Recreation is
needed and a Right of Entry is required to allow legal access onto County owned park lands. Naples
Botanical Garden shall obtain liability insurance as per the Collier Trees Project Agreement.
FISCAL IMPACT: There is no fiscal impact related to this action. Funds used to plant the trees will be
from monies donated to the Community Foundation of Collier County.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - JAB
RECOMMENDATION: That the Board of County Commissioners approve a Right of Entry to provide
Naples Botanical Gardens with legal access and the right to enter over, upon, and across County owned
parks properties to plant trees in conjunction with the attached Collier Trees Project Agreement.
Prepared by: Jay Malamphy, Real Property Management, Facilities Management Division
ATTACHMENT(S)
1. ROE - CAO approved (PDF)
16.C.1
Packet Pg. 886
02/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 14623
Item Summary: Recommendation to approve the attached Right of Entry which will provide
Naples Botanical Garden with temporary legal access onto certain County-owned park lands to plant trees
funded by the Community Foundation of Collier County ($300,000 for Collier County and $50,000 for
Immokalee).
Meeting Date: 02/09/2021
Prepared by:
Title: – Facilities Management
Name: Jay Malamphy
01/08/2021 11:52 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/08/2021 11:52 AM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 01/08/2021 1:05 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 01/12/2021 11:50 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 01/12/2021 12:51 PM
Facilities Management Damon Grant Director - Facilities Completed 01/13/2021 2:22 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 01/14/2021 4:32 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/15/2021 12:13 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/19/2021 9:03 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/19/2021 9:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/19/2021 10:50 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 01/20/2021 9:25 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/27/2021 6:55 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM
16.C.1
Packet Pg. 887
PRO」ECT: Co∥er Trees
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS ihot Colller Counly, o politicol subdivision of the Stote
of Florido ("county"), whose post office oddress is 3335 Tomiomi Troil E., suite lot, Noples, FL
341 l2 hereinofter known os "Grontor", for ond in considerotion of Ten Dollors ($lO.OO) ond other
voluoble consideroiion to them in hond poid, does hereby gront unio Noples Bolonicol
Gorden, lnc., whose post office oddress is 4820 Boyshore Drive, Suiie D, Noples. FL 341 12, its
successors, ossigns, ogents, ond controcton, hereinofter collectively known os "Grontee", the
temporory license ond right io enier upon ony londs identified by the Grontor in conjunction
wiih ihe Agreement between Grontee ond ihe Communiiy Foundotion of Collier Couniy
("collier Trees Project Agreement") which is oiloched hereto os Exhibit "A" ond mode o port
hereof. This Righi of Entry is gronied for the express purpose of providing Grontee temporory
occess ond use of Grontor's property for the purpose of ossessing ond plonting irees os
described in the Collier Trees Project Agreement.
(Wherever used herein the terms "Gronior" ond "Grontee" include oll the porties to this
instrument ond their respective heirs, legol representotives, successors or ossigns, regordless of
the number ond gender in which used, sholl be deemed to include ony other gender or
number os ihe context or ihe use ihereof moy require.)
THE PROPERTY IS NOT GRANTOR'S HOMESTEAD-
ALL RIGHT AND PRIVILEGE herein gronted sholl remoin in full force ond effect forthe loter
of o period of one (i) yeor from the compleiion of the projeci, or until the ierminotion of ony
controcior's wononties for the trees or instolloiion of the irees.
ADDITIONALLY, ihe rights ond interesi gronted hereunder ore conditioned upon the
reosonoble exercise ihereof by Grontee. Grontee further ogrees thoi it sholl use quolified ond
insured controctors to perform instollotion of ihe trees.
lN wlTNESs wHEREoF, Grontor hos coused these presents to be executed in Grontor's
nome this _ doy of 2021
DATED:
AΠ EST:
Cryslol K KinzeL Clerk
BOARD OF COUNTY COMM6SIONERS
COLLI[R COUNTY′FLORIDA
BY:
, Deputy Clerk
Approved os lo form ond legoliiy
」ENN FER A BELPED10
As,sloni Counly AI十 o「ney
. Choirmon
16.C.1.a
Packet Pg. 888 Attachment: ROE - CAO approved (14623 : Collier County Trees Project)
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AGREEMENT
between
Naples Botanical Garden and
Community Foundation of Collier County
COLLIERTREES PROJECT
The Community Foundation of Collier County (the Foundation) seeks to invest S450,000 in
planting trees throughout public lands in Collier County. Naples Botanical Garden (the Garden)
is the Grantee and Project Manager for this initiative, COLLIER TREES.
SCOPEOFWORK
In collaboration with leadership staff of Collier County, City of Naplcs, City of Marco Island,
and Everglades City, Naples Botanical Garden will invest CFCC's gift in this way:
o $50,000 allocated to new trees in Everglades City
o $50,000 allocated to new trees in Immokalee
o $50,000 allocated to new tre€s in the City of Naples in areas thar will bcnefit low-income
residents
o $300,000 allocatd to new trees in various locations in Collier County
The project will include these steps:
I . Collier County will identifo priority locations where the addition of trees would have the
highest impact, including in Immokalee.
2. Everglades City and the City of Naples will identiS priority locations in their
jurisdictions.
3. Recommended sites will be approved by the Community Foundation ofCollier County.
4. Naples Botanical Garden will make site visits to each location with County/City stalf to
review conditions, needs, irrigation, etc. A wrinen r€commendation and landscape
architect's rendering will be prepared for each location.
5. The Garden will grow, source and install the trees. Outside landscaping professionals
may also provide plant materials and work with Garden staffduring installation.
Appropriate liability insurance will be secured.
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16.C.1.a
Packet Pg. 889 Attachment: ROE - CAO approved (14623 : Collier County Trees Project)
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6. Collier County and/or the municipalities involved will facilitate and pay for any
necessary permits, ifrequired, and will provide Right of Enn'y for installation.
7. Collier County and/or the municipalities involved will assume care ofthe plantings after
installation.
8. The Garden will track progress ofthese locations for research purposes.
DISTRIBUTION OF FUNDS
Upon signing this Agreement, an amount ofS100,000 will be paid to the Garden. After that
initial payment, the Garden will invoice the Foundation not more than quarterly for the
remaining balance as the project progresses.
R"EPORTING
The Garden will provide a quarterly written report on the project, and a final report at the end of
the pmject.
The Garden will fumish to the Foundation any information concerning a change, or pmposed
change, in the (a) the Garden's legal or tax status, (b) executive or key staff responsible for
achieving the grant purposes, and (c) ability to expend the grant for the intanded purpose.
Ifthe Carden's tax-exempt status changes, the Foundation reserves the right to request all
remaining grant funds retumed immediately. Any funds not used, or committed for the specific
purpose of the grant, will be retumed to the Foundation unless otherwise authorized in writing.
The Garden agrees to give lhe Foundation reasonable access to the its files and records for the
purpose ofmaking such financial audits, verifications, and investigations as it deerns necessary
concerning the grant, and to maintain such files and records for a period ofat least four yearc
after completion or termination of the project.
RECOGNITION
The COLLIER TREES project will be referred to as a projecr of the Community Foundation of
Collier County. The Garden will not promote the project to the media or in its social media
channels unless requested to do so by the Foundation and with the Foundation's approval of
copy and design.
Ifthe Foundation desires, signage recognizing the Foundation will be installed in locations of
plantings.
(し216.C.1.a
Packet Pg. 890 Attachment: ROE - CAO approved (14623 : Collier County Trees Project)
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COLLIER TREES
Budget assumptions
As ofoctober 29, 2020
*Installation costs will vary depending upon site conditions, difliculty ofaccess, heavy equipmant needs, whether outsourced
expertise will be required, and number of trees to be planted.
Immokalee f,verglades
City Naples Collier County
(multiplc sites)Total
Project management s 6,000 $ 6,m0 S 6,000 $ 33,000 $ 51,000
Landscape architecture S 3,000 $ 3,000 s 3,000 S 35,000 S 44,000
Trees: seed collection.
propagation, sourcing, supplies,
nurs€ry slaff
S 27,000 S 27,000 $ 27,000 $ 172,000 $2s3,000
Delivery & installation*$ 14,000 s 14,000 S 14,000 $ 60,000 $ r 02.000
TOTAL $ s0,000 $ 50,000 $ 50,000 $ 300,000 $450,00004 16.C.1.a
Packet Pg. 891 Attachment: ROE - CAO approved (14623 : Collier County Trees Project)
F′1-
COMPLIANCE
The Foundation reserves the right to discontinue, modifu or withhold any payments under this
grant award or to r,equire a total or panial refund ofany grant funds if, in the Foundation's sole
discrctioq such action is necessary: (a) because the Garden has not fully complied with the terms
and conditions of this Agreanent; (b) to protect the purpose and objectives ofthe grant or any
other charitable activities ofthe Foundation; or (c) to comply with the requirernents of any law or
regulation applicable to the Garden, the Foundation, or this grant.
This agreement, any alterations, variations, changes, modifications and/or waivers of this
Agreanent shall be valid whan they have been reduced to writing, signed by the Garden and the
Foundation, and attached lo the original Agreement.
President & CEO
Community Foundation of Collier County
October 29,2020
Donna McGinnis
President & CEO
Naples Botanical Garden
Date
⑤
Eileen Connolly-Keesl Date
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16.C.1.a
Packet Pg. 892 Attachment: ROE - CAO approved (14623 : Collier County Trees Project)