Backup Documents 07/08/2014 Item #16A26 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 L A of
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO c vpo
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original docume is mus be received in the County Attorney Office no late
than Monday preceding the Board meeting. (�, y j
p 1; **NEW**R�IUT `�t; �" `
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney OfficC.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
1/,0/0,-
4. BCC Office Board of County 71-
Commissioners / f47
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Diane Lyn h-Road Maintenance Phone Number 252-5820
Contact/ Department
Agenda Date Item was 7/8/14 Agenda Item Number 16A26
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is j ,,j - 1,
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? dl
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. 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 dl
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's dl
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the dl
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's dl
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip dl
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/8/14 and all changes made during dl
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. 7
9. Initials of attorney verifying that the attached document is the version approved by the !dl
BCC,all changes directed by the BCC have been made,and the document is ready for the 1 `\�.- -
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 5007250 OR 5057 PG 3456
RECORDED 7/15/2014 9:19 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$35.50
LANDSCAPE AGREEMENT 6 A 2 b
THIS LANDSCAPE AGREENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of J Lc 1(1 , 2014, to be effective
as of the date upon which this Agreement is apprived by the Board of County
Commissioners of Collier County (the "Effective Date"), by and between KINGS LAKE
HOMEOWNER'S ASSOCIATION, INC., a Florida non-profit corporation (hereinafter
referred to as "HOA") whose mailing address is c/o Southwest Property Management
Corp., 1044 Castello Drive, #206, Naples, Florida 34103, and 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 34112
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County operates a road maintenance facility at 4800 Davis Boulevard
on property owned by the State of Florida; and
WHEREAS, the rear of the road maintenance facility abuts common area owned
by the HOA described as Outlot C, Kings Lake, Unit 1, according to the plat thereof
recorded in Plat Book 12, pages 68 and 69 (the "HOA Property"); and
WHEREAS, the parties desire to install a vegetation barrier on the north 10 feet of
the HOA Property to create a vegetation barrier between the Kings Lake Development
and the road maintenance facility; and
WHEREAS, County is willing to pay for the vegetation barrier and its installation,
but will not participate in its ongoing maintenance; and
WHEREAS, HOA agrees to convey a Temporary Construction Easement to
County at no cost to County and as more particularly described in Attachment "A" for
the purpose of installing the vegetation barrier; and
WHEREAS, after installation, HOA is responsible to irrigate and maintain the
vegetation barrier in perpetuity.
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:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all attachments
referenced herein are made a part of this Agreement.
2. HOA shall deliver to County, at no cost to County and within ninety (90) days of
the effective date of this Agreement, the following properly executed documents
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(HOA's delivery of said properly executed documents is hereinafter referred to as
the "Closing"):
a. from HOA, a Temporary Construction Easement to County across HOA
common elements for installation of the vegetation barrier;
b. evidence of the authority of the entity and signatory to execute said
Temporary Construction Easement on behalf of HOA;
c. a Public Disclosure Act Disclosure Affidavit as required by Section 286.23,
Florida Statutes
3. Upon receipt of the foregoing, County shall record said Temporary Construction
Easements and provide HOA with an invoice for all recording fees and
documentary stamp taxes. HOA shall pay County for the recording fees of the
Temporary Construction Easement and any documentary stamp taxes. Within 30
days of receipt of the invoice, HOA shall pay the amount to County.
4. This Agreement shall become null and void and all obligations of the parties
hereto shall be terminated in the event that HOA fails to deliver to County, within
ninety (90) days of the effective date of this Agreement, all documents referenced
in Paragraph 2 (above).
5. After the receipt of all items identified in Paragraph 2 above, and after satisfactory
completion of all obligations set forth in Paragraph 2 above, County shall install
the vegetation barrier within the area described in the Temporary Construction
Easement per the Planting Plan, attached hereto as Attachment "B".
6. HOA shall be responsible for obtaining an SDP amendment or insubstantial
change determination, if required.
7. After the installation of the vegetation barrier and acceptance of the landscaping
and irrigation by HOA, HOA shall thereafter assume all maintenance
responsibilities for the landscaping and provide irrigation.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and may only be modified by
written amendment thereto.
9. The reciprocal obligations contained herein are contingent upon no other
provisions, conditions, or premises other than those so stated above; and this
written Agreement, including all exhibits attached hereto, shall constitute the
entire Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. This is the entire agreement between the parties with respect to the matters set
forth herein, and any notice, request, demand, instruction or other communication
to be given to either party hereunder shall be in writing sent by facsimile with
automated confirmation of receipt, or registered or certified mail, return receipt
requested, postage prepaid or personal delivery addressed as follows:
Landscape Agreement Page 2 of 4
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If to County: Road Maintenance
Attn: Travis Gossard, Superintendent
4800 Davis Boulevard
Naples, Florida 34104
Telephone 239-252-8924
With a copy to: County Attorney
Office of the County Attorney
Harmon Turner Building
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112
Telephone 239-252-8400
Fax 239-252-0225
If to HOA: Kings Lake Homeowner's Association, Inc.
c/o Southwest Property Management Corp.
1044 Castello Drive, #206
Naples, Florida 34103
Telephone:
11. To the extent permitted by law, HOA shall indemnify, defend, save and hold
harmless County against and from, and reimburse County with respect to any and
all damages, claims, liabilities, laws, costs and expenses (including without
limitation reasonable paralegal and attorney fees and expenses whether in court,
out of court, in bankruptcy or administrative proceedings or on appeal), penalties
or fines incurred by or asserted against the County by reason or arising out of the
construction of the vegetation barrier and all other obligations and performance
under this Agreement.
12. This Agreement is not intended to create any rights, benefits or entitlements in
any person or entity who is not an undersigned party to this agreement. No third-
party beneficiary claims may be asserted on the basis of this Agreement.
13. This Agreement is governed and construed in accordance with the laws of the ■
State of Florida.
14. All obligations contained herein other than the granting of the temporary
easement interests shall survive the recording of the Temporary Construction
Easement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Landscape Agreement Page 3 of 4
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IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
J � 1r n �!
DATED: �J I ) LDI
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT.E BROCK, Clerk COLLIER C1•UNTY FLORIDA
12;knitU,Ak----
4.41. *
r TOM H ING, a
( � Deputy ale k , airman
At est as to Chapatti July 8, 2014
signatifre ont).
AS TO HOA:
WITNESSES: KINGS LAKE HOMEOWNER'S
ASSOCIATION, INC., a Florida
Corporation not for profit
frer. :� /� - By: el, /�i, �', 2)1„
Wit -ss (•.i.na re) KARL NUECHTERLEIN, President
Name: -G�, :A iJ S
(Pri )
Witness (SignaturC)
Name: � \ �, �I� �l f S
(Print)
Approved as to form and legality:
,,tAijk LAOiu
Heidi Ashton-Cicko
Managing Assistant County Attorney
C P\14-TRM-00120\8
Landscape Agreement Page 4 of 4
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F- Ctaz, F`f •1
TEMPORARY CONSTRUCTION EASEMENT
This Easement granted this go day of t,' , 2014, by KINGS LAKE
HOMEOWNER'S ASSOCIATION, INC., a Florida non- orporation organized under the
laws of the State of Florida, whose mailing address is c/o Southwest Property Management
Corp., 1044 Castello Drive, #206, Naples, Florida 34103 (hereinafter referred to as "Grantor") to
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred
to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of all individuals, and the
successors and assigns of corporations.)
WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction
Easement to enter upon the lands described as follows:
The north 10' of Outlot C, Kings Lake Unit 1, according to the plat
thereof recorded in Plat Book 12, pages 68 and 69 of the public records
of Collier County, Florida
for the purpose of installation of landscaping in this area. Except as provided below, this
Temporary Construction Easement shall expire six (6) months from the date of execution
hereof.
If the construction of the public facilities is not complete within six (6) months from the
date of execution hereof, then the Grantee may extend the Temporary Construction Easement
for six (6) additional months by recording a Notice of Time Extension in the Public Records of
Collier County, Florida. If the Grantee shall extend the completion of the public facilities,
Grantee shall first notify the Grantor in writing at the address listed above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
ATTEST: KINGS LAKE HOMEOWNERS
ASSOCIATION, INC., a Florida
WITNESSES: Corporation not for profit
rifif
rt/rik• HT
By: ��l 6N(
Wit =ss (signature) KARL NUE HTERLEIN, President
Name: S4a 1 £ // 5
(Pri t)
INSTR 5007249 OR 5057 PG 3453
RECORDED 7/15/2014 9:19 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$27.00
1 oft
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16A26
LL, 1i L,
Witness (Signature)
Name: E, \ s c f\ 19I€ s
(Print)
STATE OF f ec:cm
COUNTY OF Co11, ci
,I,
The foregoing Temporary Construction Easement was acknowledged pefore me this
day,'of v\Y1e. , 2014, by .6 o.r 1 14v,t,c hie ern as
7 C-('f `a eiv}-- of Kings Lake Homeowner's Association who:
Is personally known to me
OR
produced as proof of identity.
(affix notarial seal) ■� •
• y
(Signature of /.tary Publi ) f
�e (\e \4o ari j f 7 •-•
(Print Nam �tary
Public)
fi4'3 Serial / Commission # (if any): Ef OZ (S9
L
My Commission Expires: 10 11-I y
CP\14-TRM-00120\13
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