Golden Gate Wellfield
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 5
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
excention of the Chairman's signature, draw a line through routine; lines #1 thrOUlm #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Sue Filson, Executive Manager Board of County Commissioners
2. Minutes and Records Clerk of Court's Office
3.
4.
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 Sue Filson, need 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 Chris D' Arco
Contact
Agenda Date Item was 6/22/04
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
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 ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the X
document or the fmal ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's X
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bec's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BeC on (enter date)and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
239-252-2497
16B5
1
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16B5
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Board of County Commissioners of Collier County
FROM:
Chris D'Arco, Engineering and Environmental Services Dept.
DATE:
2/09/09
RE:
Acceptance of Conservation Easement
Attached is a Conservation Easement for the Golden gate Wellfield. In
accordance with Resolution No. 2004-209, approved by the Board of County
Commissioners on June 22, 2004 under Agenda Item No. 16B5, I am requesting
that if this Conservation Easement is acceptable, please sign or stamp as to
approval of this Conservation Easement, and forward it, along with the
attachments, to the Clerk for attestation and recording.
Thank you for your consideration of this matter. If you have any questions,
feel free to contact me at (239) 252-2497.
.. ._" ._.J
16B5
OFFICE OF THE COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Clerk to the Board, Board Minutes and Records
FROM:
Chris D'Arco, Engineering and Environmental Services Department
DATE:
2/09/09
RE:
Attestation and Recording of Conservation Easement
Attached is a Conservation Easement for Golden Gate Wellfield, which has
been approved by the Board of County Commissioners. Please attest as usual,
and forward it with the attached check to the Recording Department.
Thank you for your assistance in this matter. Please send me a copy of the
receipt via interoffice mail. If you have any questions, feel free to contact me at
(239) 252-2497.
Attachments
Routing Slip
Conservation Easement
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THIS INSTRUMENT PREPARED WITHOUT OPINIO
OF TITLE BY & RETURN TO:
NAME: ROBERT D. PRITT, AITORNEY AT LAW
ROE1ZEL & ANDRESS
4263941 OR: 4429 PG: 1910
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
02/23/2009 at 09:48AM DWIGHT B. BROCK, CLBRK
RBC FBE 78.00
DOC-.70 .70
COPIES 9.00
MISC 2.00
ADDRESS: 850 PARK SHORE DRIVE
SUITE 300
NAPLES, FL 34103
PARCEL LD. # 40629760008
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16B5
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this 15""'- day of ~~
2008, by the City of Naples, a Florida Municipal Corporation,_hereinafter as
Grantor, whose address is 735 8th Street South, Naples, FL 34102, to Collier
County, Florida, a political subdivision of the State of Florida (hereinafter "Collier
County" or "Grantee"). Grantor and Grantee may hereafter be collectively
referred to as the "parties."
WHEREAS, the City of Naples is the owner of that certain tract of land
located in Collier County, Florida described in Exhibit "A" attached hereto
(hereinafter referred to as the "property"); and
WHEREAS, Collier County is requiring that this Conservation Easement
("Easement") be entered into and recorded in the land records of Collier County
to bind the City of Naples; and
WHEREAS, the parties wish to establish their respective rights and
responsibilities relative to the use and maintenance of the conservation area
described in the attached Composite Exhibit "B" (the Easement Property).
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to
Collier County as follows:
1. City of Naples, its successors, heirs, assigns and/or transferees, hereby
grants a non-exclusive easement to Collier County over and across the property
described as Exhibit "B" for the purpose of conservation. Collier County shall
have no responsibility for maintenance of the conservation easement.
2. No buildings, structures or impediments of any nature may be
constructed, placed or permitted on, over or across the Easement Property. No
dumping or placing of soil or other substances such as trash or unsightly or
Revised 10/14/05
563440 v_OJ \ 016763.0001
1
OR: 4429 PG: 1911
, ~ B 5 "4
offensive materials shall be permitted on the Easement Property. There shi ~ \:
no removal or destruction of trees, shrubs or other vegetation with the exception
of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil
material, peat, rock or other material substance in such a manner as to affect
the surface shall be prohibited on the Easement Property. No dikes or fencing
shall be permitted on the Easement Property. There shall be no other activities
detrimental to drainage, flood control, water conservation, erosion control or fish
and wildlife habitat conservation or preservation permitted on the Easement
Property. The Easement Property shall be in no way altered from its natural or
permitted state.
3. City of Naples, its heirs, successors or assigns shall bear the
responsibility for maintaining the Easement Property, including, but not limited
to, regular maintenance as may be required by any governmental agency having
jurisdiction relative thereto. The Easement Property shall at all times be
maintained in accordance with applicable requirements of the Collier County
Land Development Code.
4. No right of access by the general public to any part of the Easement
Property is being conveyed. Collier County shall have the right to access and use
of the Easement property for the purpose of making inspections; however,
Collier County shall have no obligation to maintain the Easement Property, nor
shall Collier County have the right to use the Easement Property for any purpose
inconsistent with the terms of this Conservation Easement.
5. Grantor reserves all rights as owner of the Easement Property, including
the right to engage in uses of the Easement Property that are not prohibited
herein and which are not inconsistent with any County ordinance, regulation or
development permit, and the intent and purposes of this Conservation Easement.
6. Grantor shall pay any and all real property taxes and assessments levied
by competent authority on the property.
7. Grantor shall insert the terms and restrictions of this Conservation
Easement in any subsequent deed or other legal instrument by which Grantor
divests itself of any interest in the property.
8. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States
certified mail, return receipt requested, addressed to the appropriate party or
successor in interest.
9. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs,
successors or assigns, which shall be filed in the publiC records of Collier County.
Revised 10/14/05
563440 v_OI \ 016763.0001
2
OR: 4429 PG: 1912
16B 5'4
10. This Conservation Easement shall run with the land and shall be binding
upon and inure to the benefit of all present and future owners of any portion of
the Property and their successors and/or assigns, it being the intention of the
Grantor that this Conservation Easement be perpetual.
11. If any provisions of the Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of
the provisions of this Conservation Easement shall not be affected thereby, as
long as the purpose of the Conservation Easement is preserved.
12. Enforcement of the terms, provisions and restrictions of this
Conservation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of
any breach hereof by Grantor, shall not be deemed or construed to be a waiver
of Grantee's rights hereunder.
13. The terms and conditions of this Conservation Easement may be
enforced by the Grantee by injunctive relief and other appropriate available
remedies, and Grantor consents that venue of such enforcement actions shall lie
exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida. In any enforcement action in which the Grantee prevails,
Grantee shall be entitled to recover reasonable attorney's fees and costs in the
trial and appellate courts in addition to the cost of restoring the land to the
natural vegetative and hydrologic condition existing at the time of execution of
this Conservation Easement or to the natural vegetative state required for a
development permit. These remedies are in addition to any other remedy, fine
or penalty, which may be applicable under Chapters 373 and 403, Florida
Statutes.
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the
day and year first above written.
Sigl),!s~al;~p and delivered in the presence of:
;-i/,:i':;
. . ~rtEST:
.......,.'......-:.,c:,l. ".;: .'
CITY OF NAPLES
By:
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Revised 10/14/05
563440 v_OI \ 016763.0001
3
OR: 4429 PG: 1913
Approved as to form and legality:
168 5 ~~
~\).~~
Robert D. Pritt, City Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument.~~.9.s_~i}scribed, sworn and acknowledged before
me this / 5~ day of ~08, by Bill Barnett, Mayor for the City of
Napi!; 'and who is [:{ personally known to me or [ ] who produced
/lJ as identification.
I
......~:...,." JESSICA R. ROSENBERG
l'if'.~.. MY COMMISSION' DO 338742
EXPIRES: November 19. 2008
Bonded T1w Notary Public UndIrwdlerS
~~rJ~
Printed Name: \)e~;('7f R. j?~.&Rb
My Commission Expires: 11/19/0[1
Acceptance by Grantee:
j~"~:l~',f?
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
d
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Approved as to form and
legal sufficiency:
W A eta
Assistant County Attorney
Revised 10/14/05
563440 v_OI \ 016763.0001
4
DESCRIPTION:
THE SOUTH 180 FEET OF TRACT NO. 135,
GOLDEN GATE EST A TES, UNIT NO. 76,
ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 13, OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
136 l6B 5
ROADWAY EASEMENT
(PER PLAT)
122
NORTH 150' OF TRACT /35
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CERTIFICATION:
For the exclusive use of:
City of Naples
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NOTES:
;:: 1. THIS IS NOT A SURVEY.
t; 2. BEARINGS ARE BASED ON THE PLAT OF
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B~~~~~~-Fir~ LB#.642)
Professi9nal. Land~urveyor' Floridq Certificate No. 5365
Date SI~ned: -~h~~~~~'6 "
Nbt valid, wit\1oyt'.the signature and the original raised
seal 'of Q,~:&J,9ridaj.4rcensed Surveyor and Mapper
2350 STANFORD COURT
NAPLES. FLORIDA 34112
PHONE (239) 434-0046
FAX (239) 434-9320
LB. #642 &. L.B. #642
$KETCH AND DESCRIPTION
"EXHffilT A
]OHNS- N
OATE
6/08
ENGINEERING
OR: 4429 PG: 1915
136
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DESCRIPTION:
THE NORTH 135 FEET OF THE WEST 135 FEET OF THE
SOUTH 180 FEET OF TRACT NO. 135, GOLDEN GATE
ESTA TES, UNIT NO. 76, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 13,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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8;;'~;F~~-;;;(F o~fh-;Firm LE~#642)
Profess,io~l land su~rveYor F;orida Certificate No.
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Date Signed:. <.!> ~l 2"'" G
(Not. valid .w. ;lh~... ..' th s.~ature and the original
kseal of a.floridb ;Ucensed Surveyor and Mapper
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ROADWAY EASEMENT
(PER PLAT)
122
NOR.TH 150' OF TRACT 135
N 9'40'50"W
135.00'
S89'40'50"E
680.00'
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For the exclusive use of:
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NOTES:
;:::: 1. THIS IS NOT A SURVEY.
~ 2. BEARINGS ARE BASED ON THE PLAT OF
~ GOLDEN GATE ESTATES UNIT NO. 76.
~ 3. SUBJECT TO EASEMENTS, RESER VA TIONS
l::: AND RESTRICTIONS OF RECORD.
g 4. SUBJECT PROPERTY CONTAINS 0.42
N
~ ACRES OF lAND, MORE OR lESS.
;i;"SKETCHrAND DESCRIPTION
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:' ,EXHffiITB
JOHNS .- N
2350 STANFORD COURT
NAPLES, FLORIDA 34112
PHONE (239) 434-0046
FAX (239) 434-9320
E.B. #642 &: L.B. #642
DATE
6/08
ENGINEERING
50' 50'
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This Warranty Deed
/ OR: 4429 PG: 1916 .~
AD. 19 16 16 B 5 t
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Made this n dJ
by
oJ08B'. oJ. GLICIOIAII aad 8AUII GLICIDCAII,
aadWU.
day of
October
.u.baad
beteiDalter called the_ il'lIIIlOl', 10
elIT OF KIPLaB, A Florida MuDieipal eo~ratioD
wboIc poil oJIkc addrc6I ii: 735 8tb 8tn.t 80utll
.apl.., Florida 36102
Graat...' .... 2l-07-01"'2-ltC
beteiDalter called the putce:
<WM-r ...... bonia Illc 'e.. ......... ud ......Ice. ilIcloIIM .. Illc ...... to lIlio ~ ud Illc
bcln. topI..--_ ud..... Df 1DdMd.... uad ,be _ ud.... Df~)
Wit........ that the grllltOr, for IDd ill couidcrllion of tIIo IUID of $ 10.00
IDd other valUlble coasiderllioas, rcecipl wlIereol ia hereby ac:kDowIcctFl hereby pull, bIrpiDa. scJIs, aIicu, reMes,
rcIcues, c:ouvcya ud c:oa&nu UDto the grlDlCC, all that certaia Iud 11&11II0 ill Colli.r
CoUDty, Florida, Yiz:
~ BCMr.rII 110 FBn or ~ 110. 135, GOLD" aau ..~, "I~
110. 76, ACCOIIDIIIG '10 ~ ... oa ~ UdlUOP IUICOIIDU I. ~
110O. 5, 'UB 13, or ~ PUIILlC UCOIID8 OF COLLI" C~,
PLOIlIDA .
8ua.mc2 '10 eO".DaDt., n.trietioD., .a._Dt. of record. uu1 tan. for
tll. GUrnDt y.ar.
'-.
60008
themo be""" or ill uyWc ~
ia lawfully IOizcd of said Iud ia foe aiapIo;
Iud; that tIIo aruaor Ilercby fully wuruII
porIOIII ~r; IDlI thIt said Iud .
1991
preseDls the day IDlI ~ 6nt lIIlove
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sa.ao of '6~ ,. \ ,:' l '---
CoUDtyof (,;'. ,\i~r~' -,
no foregoiaa iutrwaeat was .u-ledpd before mo this
by
JOBB'H oJ. GLICIKIII ad 8UAII GLICIDWI, Hu.baDd uu1 W1I.
Ita:
IUCftJII tmllII8IIC'I
1'~!.daY of October
.1916 .
wIIo is pelllolla1ly tuowa to me 01' who bas prodtacell Dri".r'. Lie.D..
ud wbo DID .O'f take u oath.
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IS idcntiflrstln.
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JmCOD a U1'UItII ft.
~ftln ~1ft.8 IDUlUUlCB 8BaYIC",
3607 ~..t..t ~rail .ortll
..pl.., Florida 33'tO
16-1-0218-.'
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PrilIl NI-= -j",,- ~~. \.-' ~..: .l ,.; \< "-
Nowy I'IIbIic ,-' l.'I I II!":: -,
My r__....... &piIa; ~ -r- JIll 9'1
IIIC. ,- - - - - :..::~~- - ,
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/OR: 4429 PG: 1917 ~
1960 FEB I r; Pl.l I: 38
RECORDED
o I I 558 III
COLLIER COUNTY
WARRANTY DEED
,",,-~'\
MADE as of the ~ day of February, 1988 ,between EQB
HOLDINGS, INC., a Florida corporation, Grantor, and
BERNARD J. RUSKIN and LYDIA P. RUSKIN, husband and wife, Grantee,
mailing address is 17 Sheldon Road, Marblehead, MA 01945.
WIT N E SSE T H:
Grantor, in consideration of Ten ($10.00) Dollars and other
good and valuable consideration paid by Grantee, has granted,
bargained and sold and by these presents does grant, bargain and
sell, to Grantees their heirs, successors and assigns, as
appropriate, forever, the following property in Collier County,
Florida, to-wit:
An undivided 5/33rds interest in UNIT NO. 308, in THE
SAVOY, A CONDOMINIUM, according to the Declaration of
Condominium thereof recorded on April 5, 1983, in Official
Records Book 1014, Page 1445, of the Public Records of
Collier County, Florida, as amended and/or supplemented
from time to time.
This conveyance is subject to taxes and assessments for the
year 1988 and thereafter~ conditions, reservations, restrictions,
and easements of record or visible upon the condominium property
of which the Unit is a part~ without limiting the generality of
the foregoing, covenants, conditions, terms and other provisions
set forth in the Declaration of Condominium described above, and
in all Exhibits attached thereto~ existing zoning ordinances and
riparian and littoral rights, rights of the United States in and
to navigable waters, and rights of the public to use any part of
the condominium property his Unit is a part that is
lying between the Gul~{ . Q the natural line of
vegetation, the bluf ~ ' or ot rent boundary separating
the publicly-used a ~ rom the uplan Ovate area.
o said Unit and will
of all persons
n of this Deed,
s, covenants, and
ance of all of the
forth in the Declara-
d future amendments
which
IN WITNESS WHEREOF, Grantor has executed this Deed as the
day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
"Q~, 1\J Q \ CL (l (L~ UIi.-
. ~t<u'p (), ~
U
STATE OF PENNSYLVANIA
COUNTY OF ALLEGHENY -
EQB HOLDINGS, INC.,
a Florida corporation
1685
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By, '//F(lI \. ,. ztfl;
C~ndY, .cc;.!.~~.~:,e~t_~~~ P~ ~.~ ..~::>~{;/\/
':.~::-'.':'.I:,I'J _~ .......
,. _ ~' 'Ju~ rir:.. b~n ~:~(':.J
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I HEREBY CERTIFY that on this day~' t;;fore ~~otary
Public, personally appeared Cindy L. Lafferty as Vice President
for EQB HOLDINGS, INC., a Florida corporation to me known to be
the person described in and who executed the foregoing
instrument, and acknowledged before me that he executed the same
on behalf of the corporation.
WI~ESS my hand and seal in
this ~r.dlltD'l-ij(j?f:~,)j'.~Jp:Jlkli~ry, 1988.
r',:j~::~..:nt. .~t::'-' :..... ~~:jl!NIY
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JAMES c. GllE~. cuJci'<
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County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
Dwight E. Brock
Clerk
ORIGINAL
OFFICIAL RECEIPT
When Validated
~..i#: 459934;~:
BY:
GLORIA G
DEPUTY CLERK
CHECh~
J~~ At~lTFAID;
RECEIPT: 5621961
DESCRIPTION
----------------------------- ----------
----------------------------- ----------
AMOUNT
NAME:
PAYOR:
REFNC:
CLERK THE BOARD
CITY OF NAPLES/FREDERIKS
GG: 1 DOCUMENTS
RECORDING OF LEGAL INSTRUMENT
P.R.M.T.F. RECORDING FEE
STATE CLERK OF COURTS TRUST F
INDEXING
DOCUMENTARY STAMPS - 70
DOCUMENTARY STAMPS - 35
INTANGIBLE TAX SALES
COPIES
MISCELLANEOUS FEES
INTANGIBLE PENALTY
INTANGIBLE INTEREST
DEPOSIT ACCOUNTS
REFUNDS
DOC TYP
ESMT
FILE ID BOOK PAGE
4263941 4429 1910
DEPT:
RECORDING
TOTAL DUE:
Page 01 of 01
1685
.~~~
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;:':;'-/.. /;;
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37.00
5.00
36.00
.70
9.00
2.00
89.70
1685'"
FPID # 423524 1 52 01
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 referred to as the "DEPARTMENT," and COLLIER
COUNTY, hereinafter referred to as "LOCAL AGENCY" for the maintenance of post-
project transportation enhancements described below.
WITNESSETH
1. WHEREAS, pursuant to ~339.08(2)(b), Florida Statutes (1995) and the Intermodal
Surface Transportation EffICiency Act of 1991, the DEPARTMENT is authorized to
undertake a project within the LOCAL GOVERNMENT geographical limits; and
2. WHEREAS, said project is identified and known to the parties as Financial Project #
423524 1 52 01, FAP # SRTS 052 A, which will benefit the LOCAL AGENCY; 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 GOVERNMENT to maintain the project; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No. J()09-39 I dated
h.1".1I:J 2~.a copy of which is attached hereto and made a part hereof, has consented
to an a proved the Agreement and has authorized its Chairman of the Board of
County Commissioners or Designee to execute said Agreement.
NOW, THEREFORE, in consideration of the premises, the parties agree as
follows:
1. The DEPARTMENT has undertaken the project and obtained approval for federal
participation in pedestrian bridge & guardrail Safe Routes to School project on 20th
Place SW between 50th Street SWand 50th Terrace SW.
2. It is understood and agreed by the parties that upon completion of the project, the
LOCAL AGENCY shall be responsible, at its costs, for maintenance of said project in
accordance with the following federally accepted state standards: (a) Manual of
Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways (2005), as amended; (b) FOOT Procedures 850-065-001 and 850-
065-002, as amended.
1~85"
FPID # 423524 1 52 01
COLLIER COUNTY
Page 2 of 3
3. 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.
4. This Agreement shall be governed, interpreted and construed according to the laws
of the State of Florida.
lbiS'
~
, )
, I.
\ '.. ~~
FPID # 423524 1 52 01
COLLIER COUNTY
Page 3 of 3
IN WITNESS WHEREOF, the COLLIER COUNTY has caused this
AGREEMENT to be executed in its behalf through its Mayor or designee, and the
DEPARTMENT has caused this AGREEMENT to be executed in its behalf through its
District Secretary for District One, FLORIDA DEPARTMENT OF TRANSPORTATION
as indicated below. This AGREEMENT shall become effective on:
February 24, 2009
.~ ".>
l!,:-",:1":;::'\J~.:;.":"
. .,.
COLLIER ::UNTY 4l~ dA ~
CHAIRMAN,
BOARD OF COUNTY OF COUNTY
COMMISSIONER OR DESIGNEE
Donna Fiala
PRINT NAME
Clerk of Courts
TITLE DATE
COLLIER COUNTY LEGAL REVIEW:
February 24, 2009
DATE
BY: ~tI- /? 1~
7.. ) ~JlJ 1
( .
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
BY:
PRINT NAME
PRINT NAME
TITLE
PROJECT MANAGER APPROVED:
DATE
TITLE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
DATE
BY:
BY:
1685"
RESOLUTION NO. 2009 - 39
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL
OF A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
MAINTENANCE OF A PEDESTRIAN BRIDGE AND GUARDRAIL "SAFE TO
SCHOOL" PROJECT ON 20m PLACE SW BETWEEN 50m STREET AND 50m
TERRACE SEe
WHEREAS, at the February 24, 2009, meeting of the Collier County Board of
Commissioners the Board approved entering into a Transportation Post Project Maintenance
Agreement with the Florida Department of Transportation ("FDOT") for the maintenance of a
pedestrian bridge and guardrail "Safe to School" project on 20th Place SW between 50th Street
and 50th Terrace SE (the "Agreement") whereby FDOT has undertaken the project to construct a
pedestrian bridge and guardrail with federal participation and Collier County agrees to asswne
post project maintenance following the completion of the project; and
WHEREAS, FDOT requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote approving the Agreement and
authorizing its Chairman to execute the Agreement; and
WHEREAS, the Collier County Board of County Commissioners fmds that it is in the
public interest to enter into the Agreement and asswne post project maintenance following the
completion of the project.
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 aforementioned Agreement with FOOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the
Agreement for execution by FDOT.
16B'S~
,.
Tms RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 24th day of February, 2009.
BOARD OF COUNTY COMMISSIONERS
OF COLLIE OUNTY, FLOfD~
,--~ ~ d~
By: ,,'''F-
A FIALA, Chairman
Approved as to form and legal sufficiency:
~;;12j~l
Scott R. Teach,
Deputy County Attorney