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Resolution 2021-126 EXHIBIT"B" RESOLUTION NO. 2021 -1 26 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT ("AGREEMENT") BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") AND COLLIER COUNTY ("LOCAL AGENCY"). WHEREAS, as part of the original Interstate 75 (I-75) construction, the DEPARTMENT realigned Canal B-2 under Financial Project# 200732-1-52-01 away from the Golden Gate Parkway Interchange to provide a more cost-effective crossing and obtained fee ownership of the canal paralleling 1-75; and WHEREAS, the LOCAL AGENCY has requested to maintain said DEPARTMENT owned canal B- 2 within the 1-75 right-of-way to provide an improved level of vegetation and canal maintenance;and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be a written agreement from the LOCAL AGENCY to maintain the canal within the DEPARTMENT's right of way; and WHEREAS, as required the Board wishes to approve and authorize its Chairman to execute the Agreement. NOW,THEREFORE,BE IT RESOLVED by the Board: Section 1. The Board hereby authorizes its Chairman to execute the Agreement. Section 2. The Clerk of Courts is hereby directed to send a copy of this Resolution to the Department of Transportation along with the executed Agreement. PASSED AND DULYADO ED by the Board of County Commissioners of Collier County, Florida, on this the a of -� 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYS TA:40"c JERK COLLIER COUNTY,FLORIDA 43,1i b YYY By. 'l 6. LZ ' UA OC _ By• •>,iteSt ate'(; �' ,�� �'€� Clerk. Penny Taylo , Chairperson signature only Approved as to form and legality: By Jenm r A. Belpedio Assistant County Attorney ry N pa' C r'y FPID#200732-1-52-01 MAINTENANCE AGREEMENT: Collier County Page 1 of 3 TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, the "DEPARTMENT") and COLLIER COUNTY (hereinafter, "LOCAL AGENCY") for the maintenance of transportation enhancements described below.* WITNESSETH 1. WHEREAS, as part of the original Interstate 75 (1-75) construction, the DEPARTMENT realigned the Canal under Financial Project # 200732-1-52-01 away from the Golden Gate Parkway Interchange to provide a more cost-effective crossing and obtained fee ownership of the canal paralleling 1-75 ; and 2. WHEREAS, the LOCAL AGENCY has requested to maintain said DEPARTMENT owned Canal within the 1-75 right-of-way as shown in Exhibit A, attached and incorporated by reference, (hereinafter, the Canal Maintenance Area) to provide an improved level of vegetation and canal maintenance; and 3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the LOCAL AGENCY to maintain the canal within the DEPARTMENT's right of way; and 4. WHEREAS, the LOCAL AGENCY by Resolution No. 2021 -1 26 , dated ,Tune 22, 2n21a copy of which is attached hereto and made a part hereof as Exhibit B, has consented to and approved this Agreement and has authorized its Chairperson or designee to execute this Agreement. 5. WHEREAS, to the extent permitted by law, LOCAL AGENCY shall indemnify, defend and hold harmless DEPARTMENT against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of LOCAL AGENCY, or any of its officers, agents or employees, acting within the scope of their office or employment, in connection with the obligations and rights granted to or exercised by LOCAL AGENCY hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by LOCAL AGENCY to indemnify DEPARTMENT for the negligent acts or omissions of DEPARTMENT, its officers, agents or employees, or for the acts of third parties. Nothing herein shall be construed as consent by LOCAL AGENCY to be sued by third parties in any manner arising out of this agreement. The LOCAL AGENCY shall also require all contractors and subcontractors who conduct operations within the Project to indemnify and hold DEPARTMENT harmless against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of said Contractor or Subcontractor or any of their officers, agents or employees, acting within the scope of their office or employment. The indemnities assumed by the LOCAL AGENCY shall survive termination of this agreement. FPID#200732-1-52-01 MAINTENANCE AGREEMENT: Collier County Page 2 of 3 NOW, THEREFORE, in consideration of the premises, the parties agree as follows: • The DEPARTMENT will be responsible, at its cost, for the maintenance of the fence, gates, mowing and litter removal up to the Canal top of bank, in the Canal Maintenance Area delineated in Exhibit A. • The LOCAL AGENCY will be responsible, at its costs, for the maintenance of the Canal within the limits shown in Exhibit A, including mowing of the front slopes, dredging and debris removal. • The LOCAL AGENCY will be granted three (3) points of access to the eastern limits of the Canal Maintenance Area via 15-foot paths from the Westbound to Northbound 1-75 On Ramp, Eastbound to Northbound 1-75 On Ramp and the 1-75 Northbound Off Ramp as shown in Exhibit 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 understanding 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.This Agreement shall be governed, interpreted, and construed according to the laws of the State of Florida. FPID#200732-1-52-01 MAINTENANCE AGREEMENT: Collier County Page 3 of 3 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf through its Chairperson or designee, and THE FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary for District One, as indicated below. This Agreement shall become effective on the date of this Agreement. COLLIER COUNTY, FLORIDA ATTEST BOARD OF COUNTY COMMISSIONERS CRYSTAL K, KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller By: crti4V PUTY CLERK PENNY TAYLQ CHAIR ON Sl j aqi ?.0nE+i_ Approved as to form and legality: 'a� Jennifer A. Belped44)Z\\ p\ Assistant County Attor y STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: BY: DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME PRINT NAME TITLE DATE TITLE DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: ...3?�';, ; SECTIONS 29 & 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 'MAINTENANCE AGREEMENT EXHIBIT A" SHEET 1 OF 1 1 €} \1y1 0 150 300 iiimmi '% !' Sminim cale: 1" = 300' \ >\ N \t\ 1 '5 \ \. 15 .N1DE PCCESS • l\sA BOO,t /` ^jl li \ ,5s A`t n5CCESSE 1 WID '0 1 \ `\\\ \ \\. 11 \ u wlnE�I ; \ ACCESS,/. i �1 s N ` '�+ / / � / 15'WIDE' �-� ,./ACCESS '1 \ \ '4'\ A > MAINTENANCE AGREEMENT AREAA WITHIN EXISTING CANAL WEST OF V �, x,�\ A�cEss EXISTING LIMITED ACCESS RIGHT OF WAY UNE " - \ 11.4 ACRES ,;. \, \�\ N 4P9'i� -2 FF \,rt LEGEND: \i,.-/N = CANAL MAINTENANCE AREA 51A.43..62.56 - 162 00 AT. • FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT EXHIBIT — -- -"-- --- --- STATE ROAD NO. 93 (1-75) COLLIER COUNTY PREPARED BY: DATA SOURCE: I BY DATE FLORIDA DEPARTMENT OF TRANSPORTATION F.D.O.T.RIGHT OF WAY MAP A00 CROSSHATCHING 6 NOTES JAR 02.2 4-2G21 DRAWN JAR 02-16-2021 03175 2430 FPID 2007321_ REVISION RE DATE CHECKED MDM oz-l6-zozl F.P. NO. 2007321 SECTION 03175-2404 SHEET 1 OF 1