Agenda 07/10/2018 Item #16D 207/10/2018
EXECUTIVE SUMMARY
Recommendation to grant the City of Naples permission to access County property at Clam Pass to
facilitate landscape maintenance on the adjacent City of Naples property.
OBJECTIVE: To grant the City of Naples the right to enter the Clam Pass parking lot for access to the
adjacent City-owned property. Access shall be provided through a gate in the wall on the south side of the
parking lot.
CONSIDERATIONS: The City of Naples is requesting the right to enter over, upon, and across Col lier
County’s Clam Pass Beach Property to access the adjacent City-owned property to maintain the
landscape, clear vegetation, and debris as needed.
The Access Agreement is a perpetual agreement, however, there are certain time and date restrictions.
The City of Naples, at their sole cost and expense, shall repair, restore, or replace any damage caused to
the County’s property, including the wall and/or gate. The City of Naples shall also maintain a
commercial general liability policy.
The document has been reviewed and approved by the County Attorney’s Office. A location map is
attached.
FISCAL IMPACT: The total cost of recording the Access Agreement is $35.50, and shall be paid by the
County from Fund (001).
LEGAL CONSIDERATIONS: This Item is approved for form and legality, and requires a majority vote
for Board action. - JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan.
RECOMMENDATION: To:
1. Approve the attached Access Agreement;
2. Authorize the Chairman to execute the Access Agreement; and
3. Direct the County Manager or his designee to follow all appropriate closing procedures, and
to record the Access Agreement in the Public records of Collier County, Florida.
Prepared By: Jay Malamphy, Property Acquisitions Specialist, Facilities Management Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Access Easement - FINAL (PDF)
16.D.2
Packet Pg. 1645
07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 5910
Item Summary: Recommendation to grant the City of Naples permission to access County
property at Clam Pass to facilitate landscape maintenance on the adjacent City of Naples property.
Meeting Date: 07/10/2018
Prepared by:
Title: – Facilities Management
Name: Jay Malamphy
06/08/2018 11:38 AM
Submitted by:
Title: Deputy Department Head – Solid and Hazardous Waste
Name: Dan Rodriguez
06/08/2018 11:38 AM
Approved By:
Review:
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/11/2018 11:46 AM
Facilities Management Toni Mott Additional Reviewer Completed 06/11/2018 11:46 AM
Facilities Management Felicia Kirby Additional Reviewer Completed 06/12/2018 8:00 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 06/12/2018 11:39 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/18/2018 10:37 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/18/2018 11:16 AM
County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 06/19/2018 3:00 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/25/2018 2:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/25/2018 2:28 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/25/2018 2:37 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/26/2018 10:23 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2018 10:27 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
16.D.2
Packet Pg. 1646
City/County Property
Boundary Line
Location Map 16.D.2.a
Packet Pg. 1647 Attachment: Location Map (5910 : Clam Pass Gate)
PROJECT: Clam Pass Gatc
Folio: 66277840008
ACCESS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a potitical subdivision
of the State ofFlorida, whose post office address is 333 5 Tarniami Trail East, Suite 101, Naples, FL 341 l2
hereinafter known as "county," its successors, assigns, agents, or contractors, for and in consideration of
Ten Dollars ($10.00) and other valuable consideration to them in hand paid, does hereby grant unto CITy
OF NAPLES' a municipal corporation ofthe State ofFlorida, whose post office address is 735 Eighth
Street South, Naples, Florida 34102, hereinafter.after knowl as'.City,,, its successors, assigns, agents, or
con&actors, the license and right to enter upon the lands ofthe County, as described on Exhibit ,.A,,,which
is attached hereto and made a pa( hereof, hercinafter known as "Property," to provide limited access to
City's proPerty for the purpose of clearing vegetation and debris. City's ploperty is located immediately
adjacent to the south boundary of county's property and is described on Exhibit "B," which is attached
hereto and made a part hereof, hereinafter known as "Land."
(Wherever used herein the terms "County" and "City', include all the parties to this instrument and
their respective heirs, legal representatives, successors or assigns, regardless of the number and gender in
which used, shall be deemed to include any other gender or number as the context or the use thereof may
require.)
ALL RIGHTS AND PRIVILEGES herein granted shall run rvith the land and remain in full lorce
in perpetuiry.
ADDITIONALLY, the lights and interests granted hereunder are conditioned upon the reasonable
exercise thercof by City, and the following ternts:
City shall access Land through a locked gate in the rvall on the south side of the Property. City
shall lock the gate at all times to prevent public access to Land.
City will have the right to access Propefty at will to inspect and perfonn minor maintenance such
as trimming, pruning, light debris removal, etc. on l,and. In the event rnore extensive maintenance, sucl)
as tree removal and/or heavy debris removal, is to be performed on Land, City and County shall schedule
a nrutually agreeable tiine at least five (5) days in advance of such maintenance. county shall not
unreasonably withhold city's request to access and enter Property for the purposes set forth herein.
Except in the event ofan emergency, City may access and enter property from 7:30 AM to sunset,
and may not access and enter Property on any holiday or holiday weekend, or when the Property and parking
lot are in use tbr a special event.
City may use up to a maximum of five (5) parking spaces closest to the gate for loading and
unloading purposes. City must secure the five (5) parking spaces in advance with cones and cautior tape
or such other barriers tlrat may be appropriate. The five (5) parking spaces may be used by City for a
maxirnum of fifteen (15) days from the first day that maintenance is to be performed, unless otherwise
mutually agreed between City and County.
②
16.D.2.b
Packet Pg. 1648 Attachment: Access Easement - FINAL (5910 : Clam Pass Gate)
City shall not hinder or impede access to the kayak launch area and/or turn around drive at the
southwest corner of Coungr's property, unless otherwise rnutually agreed between City, County and Pelican
Bay as required with restrictive covenants.
City, at City's sole cost and expense, shall repair, restore or replace, damage caused to Property,
the wall, and/or gate as a result of City's exercise of its rights and/or obligations hereunder.
City shall be responsible for obtaining, at City's sole cost and expense, a commercial general
liability policy that shall name County as an additional insured. Commercial general liability limiis shall
not be less than One Million Dollars ($ 1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000)
aggregate. City shall provide County with a copy of the foregoing policy or with a certificate of insurance
prior to entering Property and shall further provide evidence of renewals of the same prior to the expiration
thereof.
DATE APPROVED BY BCC:
AWEST:
DWIGHT E.BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
BY:
,Deputy Clerk
Approved as to form and legality:
Andy Solis, Chairman
Jennifer Belpedio,
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CITY OF NAPLES
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Packet Pg. 1649 Attachment: Access Easement - FINAL (5910 : Clam Pass Gate)
EXHIBIT "A''
Thot portion of Porcel "D", PELICAN BAY UNIT l, occording to the Ploi thereof, recorded
in Plot Book I2, Poges 47-52, Public Records of Collier County. Florido; further described
in Officiol Records Book 1234,Poge 1373 ond Officiol Records Book l234,poge 1371,
being Folio Nos. 00239520005 ond 662778400A8,
The poriiculor porking lot oreo being reflected on the ottoched Overollsite plon.
③
16.D.2.b
Packet Pg. 1650 Attachment: Access Easement - FINAL (5910 : Clam Pass Gate)
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16.D.2.b
Packet Pg. 1651 Attachment: Access Easement - FINAL (5910 : Clam Pass Gate)
EXHIBIT'B''
Lot 89, SEAGATE SUBDIVISION UNIT ONE, occording to the Plot ihereof, recorded in ploi
Book 3, Poge 85, Public Records of Collier County, Florido; further described in Officiol
Records Book 4340, Poge 3545, being Folio No. l9l 3SAO17B7,
16.D.2.b
Packet Pg. 1652 Attachment: Access Easement - FINAL (5910 : Clam Pass Gate)