INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES SANDPIPER STREET SOUTH OF MARLIN DRIVE

Transcription

1 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES SANDPIPER STREET SOUTH OF MARLIN DRIVE This INTERLOCAL AGREEMENT is entered into this day of, 201, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY, and the City of Naples, hereinafter referred to as CITY, collectively stated as the Parties. RECITALS: WHEREAS, as shown on Attachment A, attached hereto, the portion of Sandpiper Street extending south of Marlin Drive ( Sandpiper Street Segment ) is located within unincorporated Collier County; and WHEREAS, the Sandpiper Street Segment is used primarily to access residences located within the City of Naples; and County; and WHEREAS, Sandpiper Street is within a 60-foot right-of-way dedicated to Collier WHEREAS, the 60-foot right-of-way provides various public and private utilities to install infrastructure necessary to provide services to the public; WHEREAS, this Interlocal Agreement does not assign responsibility for any public or private utility maintenance that exists within the right-of-way; WHEREAS, the Sandpiper Street Segment is in need of maintenance; and WHEREAS, the Parties have determined that it is beneficial to the affected property owners and the taxpayers of both unincorporated Collier County and the City of Naples to enter into an Interlocal Agreement setting forth future ownership and maintenance responsibilities for the Sandpiper Street Segment. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, and pursuant to Section , et seq., Florida Statutes, the "Florida Interlocal Cooperation Act of 1969, as amended" the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. CITY agrees: A. Within 20-calendar days from receiving manhole elevation data from Collier 1

2 County, City, as owner of the Utility, will raise sanitary sewer manholes located on the Sandpiper Street Segment in preparation for the COUNTY resurfacing project. Upon inspection and written acceptance by the CITY Streets & Stormwater Department, and upon acceptance by City Council of a quitclaim deed of the Sandpiper Street Segment from the COUNTY, the CITY will be responsible for maintenance of the pavement condition of the Sandpiper Street Segment; B. The CITY will record the quitclaim deed from the COUNTY, at its sole expense. 3. COUNTY agrees: A. Within 30 days from CITY S notification to COUNTY of completion of the repairs to sanitary sewer manholes, COUNTY, at its expense will make the following improvements to the Sandpiper Street Segment: 1. Thin lift asphalt mill and overlay at 1.5 (inches) in depth; 2. Install a non typical asphalt curb at approximately 3 to 4 (inches) in height along the east side of road to control discharge points for stormwater; 3. Reinforce stormwater discharge points along the east side of road; 4. Install Thermoplastic Striping; 5. Repair seawall adjacent to road; 6. Certify guardrail as meeting FDOT standards at the time of installation. 7. Replace caution signs at end of road with new signage; 8. Provide the CITY a one-year warranty on all work completed by COUNTY or COUNTY S contractor. B. No later than January 31, 2016, the COUNTY will trim the vegetation on the east side of Sandpiper Street Segment. C. No later than February 15, 2016, the COUNTY will deliver to the CITY a quitclaim deed (in substantially the form attached hereto as Attachment B ) transferring the Sandpiper Street Segment to the CITY. 4. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by , mail, postage prepaid, to the Parties at the following addresses: 2

3 1. Collier County c/o Road and Bridge Maintenance Division, 4800 Davis Boulevard, Naples, Florida City of Naples c/o Streets & Stormwater Department, 295 Riverside Circle, Naples, FL 34102; This Agreement merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein. 6. This Agreement shall be modified or amended only by the written agreement of both Parties. 7. The County shall record this Agreement at its sole cost in the Public Records of Collier County. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURE PAGE TO FOLLOW. 3

4 IN WITNESS WHEREOF, the Parties have executed this Interlocal Agreement on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA, Deputy Clerk TIM NANCE, CHAIRMAN ATTEST: CITY OF NAPLES Patricia Rambosk, City Clerk JOHN F. SOREY III, MAYOR Approved as to form and legality: Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Robert D. Pritt City Attorney 4

5 ATTACHMENT A SANDPIPER STREET SOUTH OF MARLIN DRIVE - HALDEMAN CREEK 5

6 ATTACHMENT B QUITCLAIM DEED THIS QUITCLAIM DEED executed this day of, 20, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida (hereinafter referred as Grantor ), to the City of Naples, a municipal corporation, whose mailing address is 735 Eight Street South, Naples, Florida , (hereinafter referred as Grantee ): (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land situated, lying and being in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same together with all appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA, Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 6

7 EXHIBIT A SANDPIPER STREET SOUTH OF MARLIN DRIVE 7