Agenda 10/13/2015 Item #16A 310/13/2015 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the donation of a Temporary Driveway
Restoration Easement (Parcel 336TDRE) required for improvements to be constructed as part of
the Vanderbilt Drive Bridge Replacements Project. (Transportation Bridge Replacement Program
Project No. 66066.11.3.) Estimated fiscal impact: $100.
OBJECTIVE: To acquire an easement required for improvements to be constructed as part of the
Vanderbilt Drive Bridge Replacements Project (the Project), being part of the Transportation Bridge
Replacement Program. (Project No. 66066.11.3).
CONSIDERATIONS: Collier County is seeking to acquire a 5,702 square foot (0.13 acre), more or less,
perpetual, non - exclusive Temporary Driveway Restoration Easement (hereinafter referred to as the
Easement) in order to construct improvements in substantial conformity with Exhibit A" attached to the
accompanying Agreement. The Easement is located within a portion of the common area belonging to
Marina Bay Club of Naples Condominium Association, Inc. (hereinafter referred to as Owner). The
Owner has agreed to donate the Easement at no cost to the County.
Accordingly, staff is recommending that the Board of County Commissioners (Board) approve the
accompanying Agreement.
FISCAL IMPACT: Funds in the amount of $100 (recording cost) are available in the Transportation
Bridge Replacement Project No. 66066.11.3. Source of funds is gas tax. The expected actual useful
service life of the new bridge is estimated to be 75 years. The bridge and all other new or replacement
features to be installed during the execution of the project, such as roadway and stormwater features will
be new. Therefore, minimal to no maintenance costs are expected to be incurred within the first 5 to 7
years of service and will be absorbed into the regular maintenance schedule thereafter. Annual operation
costs of water and /or wastewater mains replaced during the project will remain the same or decrease.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. — ERP
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year transportation work
program, the Transportation Bridge Program Project is an integral part of Collier County's Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the accompanying Agreement (Parcel 336TDRE) and authorize its Chairman to execute
same on behalf of the Board;
2. Accept the conveyance of Parcel 336TDRE and authorize the County Manager, or his designee, to
record the conveyance instrument in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the
terms of the Agreement to close the transaction;
4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the Agreement; and
5. Authorize any and all budget amendments required to carry out the collective will of the Board.
Prepared by: Deborah Farris, Senior Property Acquisition Specialist, Transportation Engineering
Division, Growth Management Department
1110�1 Attachments: 1) Agreement (Parcel 336TDRE); and 2) Property Location Map.
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10/13/2015 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to approve an easement agreement for the donation
of a Temporary Driveway Restoration Easement (Parcel 336TDRE) required for improvements
to be constructed as part of the Vanderbilt Drive Bridge Replacements Project. (Transportation
Bridge Replacement Program Project No. 66066.11.3.) Estimated fiscal impact: $100
Meeting Date: 10/13/2015
Prepared By
Name: FarrisDeborah
Title: Property Acquisition Specialist, Senior, Growth Management Department
8/18/2015 10:12:28 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Growth Management Department
Date: 9/10/2015 4:02:42 PM
Name: PutaansuuGary
Title: Project Manager, Principal, Growth Management Department
Date: 9/11/2015 10:53:33 AM
Name: StoltsAnthony
Title: Project Manager, Senior, Growth Management Department
Date: 9/11/2015 2:09:11 PM
Name: Taylorl-isa
Title: Management/Budget Analyst, Senior, Growth Management Department
Date: 9/14/2015 8:22:20 AM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 9/17/2015 8:19:13 AM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
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10/13/2015 16.A.3.
Date: 9/17/2015 6:38:49 PM 10-11,
Name: GossardTravis
Title: Division Director - Road Maintenance, Growth Management Department
Date: 9/21/2015 3:00:42 PM
Name: KeamsAllison
Title: Manager - Financial & Operational Sprt, Growth Management Department
Date: 9/21/2015 3:20:33 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/21/2015 4:22:29 PM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/21/2015 4:34:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 11:50:54 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/29/2015 7:17:31 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/30/2015 10:01:40 AM
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10/13/2015 16.A.3.
Project No: Misc 99999 (Part of Vanderbilt Drive Bridge Replacements Project #66066)
Parcel No: 336TDRE
Folio No: 59620000004 / Portion of Master Reference #00156160001
AGREEMENT
THIS AG EEMENT AASi fter f d to as the "Agreement") is made and entered
into on this � day of —r by and between MARINA BAY CLUB OF
NAPLES CO DOMINIU IATION, INC., a Florida not - for -profit corporation,
whose mailing address is c% Sandcastle Community Management, 9150 Galleria Court,
Suite 201, Naples, Florida 34109 (hereinafter referred to as "Owner, 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? ("Owner" and "County' hereinafter collectively referred to
as the "Parties ").
WITNESSETH:
WHEREAS, as part of its Vanderbilt Drive Bridge Replacements, Project #66066,
County will be constructing improvements within a portion of the common areas of Owner in
accordance with the plans attached hereto as Exhibit "A" (hereinafter referred to as the
"Project "); and
WHEREAS, County has requested that Owner convey to County a Temporary
Driveway Restoration Easement over, under, upon and across the lands described in Exhibit
"B ", attached hereto and incorporated herein (hereinafter referred to as "Easement "); and
WHEREAS, Owner recognizes the benefit that County's proposed improvements will
be to Owner and desires to convey the Easement to County for the stated purposes, on the
terms and conditions set forth herein, said terms including that no comnensafion shall be due
and payable for the Easement requested by County.
NOW, THEREFORE, in consideration of these premises, 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:
RECITALS - 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 Exhibits referenced
herein are made a part of this Agreement
2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to
County, in a form acceptable to County and at no cost to County, unless otherwise
stated herein. Said conveyance (Owner's delivery to County of a properly executed
easement instrument) is hereinafter referred to as the "Closing ".
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release, or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the Closing Documents, property executed,
witnessed, and notarized where required, in a form acceptable to County.
3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within thirty (30) days of the date of execution
of this Agreement or within thirty (30) days of County's receipt of all Closing
Documents, whichever is the later. This agreement shall remain in full force and effect
until Closing shall occur, until and unless it is terminated for other cause_
4. CURRATIVE INSTRUMENTS AND PROCESSING FEES - County shalt pay all fees to
record any curative instruments required to clear title, and all Easement instrument
91
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10/13/2015 16.A.3.
Page 2
recording fees. In addition. County may elect to pay reasonable processing fees
required by mortgagees in connection with the execution and delivery of a Release or
Subordination of any mortgage, lien or other encumbrances recorded against the
property underlying the Easement. County shall have sole discretion as to what
constitutes "reasonable processing fees."
5. EXISTING IMPROVEMENTS — Prior to commencement of construction of the Project,
the Parties shall communicate with each other regarding the construction date, which
owner acknowledges is subject to change. Owner shall, at its sole cost and expense,
remove all landscaping, lighting, electrical components and irrigation from within that
portion of the easement area identified on Exhibit "A" as "Limits of excavation within
easement".
Owner shall be responsible for obtaining any permits associated with the removal,
relocation and/or replacement of any improvements located within the subject
easement (including all landscaping, lighting, electrical oomponents and irrigation).
County will not be responsible for the cost to replace any of the existing improvements
currently located within the subject easement (including but not limited to landscaping,
lighting, electrical components and irrigation) but will, at Its expense, provide sod
ground cover on any areas within the easement that are exposed during construction.
6. EFFECTIVE DATE - 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.
7. ENTIRE AGREEMENT - 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:
If to County Transportation Engineering
Attn: Kevin Hendricks
Right -of -way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239 -252 -5844
Fax 239 - 252 -6643
With a copy to: Jeff Klatzkow, 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 Owner. Lisa Saldino, Vice President
Marina Bay Club of Naples Condominium Association, Inc.
9150 Galleria Court Suite 201
Naples, Florida 34109
Telephone:
With a copy to:
Telephone:
Fax:
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1111
Agreement
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Page 3
8, ENTIRE AGREEMENT — Conveyance of the Easement by Owner is 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 between the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
9. VENUE - This Agreement shall be governed by the laws of the State of Florida, and
may not be altered or amended in any way, save by written agreement signed by both
parties.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the
date and year first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
AS TO OWNER:
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: _
Tim Nance, Chairman
i
Name:n�y ! f #1 4W
(Print)
roved s to f and legality:
mily Pepi
Assistant C ty Attorney
MARINA BAY CLUB OF APLES
CONDOMINIUM ASS TI N, INC.,
a Florid ot- for - profit rporation
f
By:
aldino. i P esident
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NOTES:
i BEARINGS SHOWN HEREON ARF BASED ON THE.EAST LINE OF
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SECTION 17• TOWNSHIP 46 SOUTH, RANGE 25 EAST TO BEAR
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S PARCEL
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COWAINJ 5,702 SOUAP.E FEET (0.13 ACRES) MORE OR
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SURVEYOR AND MAPPER, THIS IS NOT A SURVEY.
TEMPORARY DRIVEWAY RESTORATION
8$10 Will" Park Dr., Buka 200
EASEMENT
Nadati FL 84100
LYING IN
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SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST
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Fax: (2391 597-0579
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PAKiIfJLARL� DESCRIBLU AS FOLLOWS:
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COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 17 THENCE
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THENCE 5 N. °' S4'an °w., r'PARTING SAID EAST LwF FOR 50.00 FEET TO AN
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+NTERSF17TION WITH 1111 WEST, RIGHT— Of —WA'/ LINF Dh VAN DERBIL' DRIVE (100
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Ti -:ENCE S 89'34'40 "W , FOR 51 .32 FEET,
-HENCE N.00'25 220 "W., FOR 5E.31 FEET;
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THENCE N 44'34'QO "F FOR 19 31 FEET 'fC AN INTERSEC' ION W'11H SAID WEST
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1HENCE S,00'2.5'2C "E., ON SAID W[5T R'OHT —OF —WAY FOR 85.39 FEET TO THE
POINT OF BEGINNING OT THE PARCEL DESCRIBED HEREIN;
COKTANING 5.702 SQUARE FEET OR 0.'•3 ACRES, MORE OR LESS
BEARINGS HEREINAROVE MENTONLD ARE BASED ON THE EAST [.NE OF SECTION 17,
TOWNSHIP 18 SOUTr., RANGE 25 EAST TO BEAR 300'25.20 "£
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LYING IN F11a/ s (288187.067 6
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SECTION 17, TOWNSHIP 48 SOUTH, RANGE 26 EAST
GOLUER COUNTY. FLORIDA YEN GINEERING I LS No.; 6W
JOB NUMBER 0FJ RJWN5 P I RANGL - - DATE DRAWN B� FILE NAME
130028.00.00 01 48 25 04/o7/ 15 TJD Temp Conetr
EXHIBIT. 1,
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LOCATION MAP
(Not to Scale)
Marina Bay Club of Naples Condominium Association, Inc.
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