Agenda 10/13/2015 Item #16A1610/13/2015 16.A.16.
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement authorizing the acceptance of a Drainage,
Access, and Maintenance Easement (Parcel 260DAME) required for the construction of
stormwa er improvements known as the Wing South segment of the Lely Area Stormwater
Improvement Project. (Project No. 51101). Estimated Fiscal Impact: $200.
OBJECTIVE: To acquire a Drainage, Access, and Maintenance Easement needed for construction of
the Wing South segment of the Lely Area Stormwater Improvement Project No. 51101 (the Project).
CONSIDERATIONS: Collier County wishes to acquire a Drainage, Access, and Maintenance Easement
pursuant o a developer commitment provided for in the Naples Lakes Country Club PUD, Ordinance No.
03 -33. 1, aples Lakes Country Club Homeowner Association, Inc. is conveying the easement which is
needed f r construction of the Project. The attached agreement also provides for construction of a fence
along the easterly easement line and a gate and fence at the southerly end of the easement on the
Rattlesn -,e-Hammock Road frontage. This fence and gate will be installed as part of the Project and are
intended to prevent trespassers, especially drivers of all terrain vehicles, from using the County's
maintenai ice path and drainage facilities for recreational purposes thereby exposing the County to
potential iability issues. Evidence exists that this particular area has been utilized by such trespassers.
Naples Lg kes Country Club Homeowner Association will be responsible for maintenance of that portion
of the fen a to be installed along the easterly easement line in perpetuity.
Accordin ly, staff is recommending that the Board of County Commissioners (Board) approve the
accomp ying Easement Agreement for Parcel 260DAME.
FISCAL IMPACT: Funds in the amount of $200 for recording fees will be paid from the Stormwater
/1 Capital Improvement Fund 325 under the Lely Area Stormwater Improvement Project No. 51101. Source
of funds is a transfer from the General Fund 001. Incremental maintenance costs for the Wing South
segment of LASIP post - construction are estimated at $8,930 per year for mowing, garbage removal and
other minor "as needed" maintenance of the area such as periodic inspections of drainage structures and
cleaning.
LEGAL ONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with Collier County's
Growth Mana2ement Plan.
: That the Board of County Commissioners:
1. Appr ve the accompanying Easement Agreement for Parcel 260DAME and authorize its Chairman
to execute same on behalf of the Board;
2. Acce t the conveyance of Parcel No. 260DAME and authorize the County Manager, or his designee,
to rec ord 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 Easement 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 this agreement; and
5. Authorize any and all budget amendments required to carry out the collective will of the Board.
Preparedy: Sonja Stephenson, Property Acquisition Specialist, Transportation Engineering Division,
Growth Management Department
: 1) Easement Agreement and 2) Property Location Map
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10/13/2015 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve an Easement Agreement authorizing the
acceptance of a Drainage, Access, and Maintenance Easement (Parcel 260DAME) required for
the construction of stormwater improvements known as the Wing South segment of the Lely
Area Stormwater Improvement Project. (Project No. 51101). Estimated Fiscal Impact: $200.
Meeting Date: 10/13/2015
Prepared By
Name: StephensonSonja
Title: Property Acquisition Specialist, Growth Management Department
9/3/2015 1:25:51 PM
Submitted by
Title: Property Acquisition Specialist, Growth Management Department
Name: StephensonSonja
9/3/2015 1:25:53 PM
Approved By
Name: KurtzGerald
Title: Project Manager, Principal, Growth Management Department
Date: 9/15/2015 5:57:04 PM
Name: CoxShane
Title: Project Manager, Senior, Growth Management Departm
Date: 9/16/2015 9:51:45 AM
Name: HendricksKevin
Title: Manager - Right of Way, Growth Management Department
Date: 9/16/2015 11:37:16 AM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 9/17/2015 8:21:24 AM
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10/13/2015 16.A.16.
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Growth Management Department
Date: 9/17/2015 1:17:26 PM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 9/17/2015 6:41:11 PM
Name: GossardTravis
Title: Division Director - Road Maintenance, Growth Management Department
Date: 9/21/2015 3:01:09 PM
Name: LynchDiane
Title: Supervisor - Operations, Growth Management Department
Date: 9/21/2015 4:16:36 PM
Name: KearnsAllison
Title: Manager - Financial & Operational Sprt, Growth Management Department
Date: 9/21/2015 4:47:38 PM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/23/2015 8:41:39 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/29/2015 8:22:17 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/29/2015 9:41:33 AM
Name: UsherSusan
Title: Management /Budget Analyst, Senior, Office of Management & Budget
Date: 9/29/2015 7:37:05 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 101111-015 1:34:53 PM
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�-^ 10/13/2015 16.A.16.
PROJECT: 51101 - LASIP — Wing South
PARCEL No(s): 260DAME
FOLIO No(s): 62030000283
EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this .=2" day of= �����L,� =-r 20 E� by and between
NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a Florida
not - for -profit corporation, whose mailing address is 4784 Naples Lakes Blvd., Naples,
FL 34112 (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 ").
WITNESSETH:
WHEREAS, County pursuant to PUD commitment 2002 -AR -3512, Ordinance No.
03 -33, has requested that Owner convey to the County a perpetual, non - exclusive
Drainage, Access and Maintenance Easement over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County; and,
WHEREAS, Owner shall execute a separate Drainage, Access and Maintenance
Easement, as set forth below.
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. 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 the
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."
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3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) 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. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument 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
encumbrance recorded against the property underlying the Easement. County
shall have sole discretion as to what constitutes "reasonable processing fees.'
5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall
be effective as of the date of Closing and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
6. FENCE - After Closing, County agrees to install, at its expense, a black clad,
vinyl- coated six foot high chain link fence and gate at the location depicted in red
on Exhibit "B" attached hereto and incorporated herein by reference. Owner will
be responsible for maintenance of the fence along the easterly easement line in
perpetuity. County will be responsible for maintenance of the gate and the fence
at the southerly and of the easement on the Rattlesnake- Hammock Road
frontage in perpetuity. The fence to be maintained by Owner shall belong to
Owner. The fence and gate to be maintained by County shall belong to County.
7. DAMAGE TO CLIENT'S PROPERTY - County shall have reasonable right of
access across Owner's property, access being limited to the area immediately
adjacent to the easement area, for purposes of reaching the described easement
(Exhibit "A'). Any damage to the Owner's property or improvements thereon as a
result of such access to the described easement or construction, maintenance or
repairs located within the easement shall be promptly restored by County, to the
condition in which it existed prior to the damage, at County's sole cost and
expense.
8. INDEMNIFICATION - Subject to the limitations set forth in Section 768.28, Florida
Statutes, as it may be revised, amended, or renumbered from time to time,
County shall indemnify and hold harmless Owner for any claims for money
damages, or attorney's fees, if applicable, in tort for any injury to or loss of
property, personal injury, or death caused by the negligent or wrongful act(s) or
omission(s) by County, or of any official or employee of the County while acting
within the scope of the official's or employee's office or employment, in its use of
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the easement area and access thereto. County shall require any contractor or
agent of County entering the easement area to maintain insurance coverage in
the form of a commercial general liability policy of insurance (occurrence form),
insuring against all liability with respect to the easement, and access thereto, with
a minimum per occurrence coverage limit and minimum general aggregate
coverage of at least One Million Dollars ($1,000,000.00), including bodily injury
and property damage. Such policy shall require that the insurer endeavor to
provided not less than thirty (30) days advance written notice be provided to
Owner in the event of cancellation or non - renewal. Evidence of said insurance
shall be provided to Owner prior to County or its contractor or agent entering the
easement area.
9. AUTHORIZATION —Prior to commencement of construction and/or activities
authorized herein, which shall not commence until after Closing, the County shall
obtain all permits, approvals and modifications, including but not limited to U.S.
Army Corps of Engineers and Water Management District, as well as any PUD
amendment and any other governmental approval or permitting, if required, at
County's sole cost.
10. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above and as set forth in the separate Drainage, Access and Maintenance
Easement to be signed at Closing; and this written Agreement and said separate
Drainage, Access and Maintenance Easement, including all exhibits attached
hereto and thereto, 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.
11. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk
TIM NANCE, Chairman
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AS TO OWNER:
DATED:
NAPLES LAKE COUNTRY
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HOME9 #NERS 'SSOC1Y IoN. IN
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a Florida not-fors rdon
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Names (Prii or Type)
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Withbs9 (Slgiiat�UM)
Name (Print of Type)
Approved as to form and legality:
Emily Pepin I ' f
Assistant 6Wunty Attorney
ACTIVE: 7574083_1
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