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Agenda 03/23/2010 Item #16D 8 Agenda Item No. 16D8 March 23, 2010 Page 1 of 22 EXECUTIVE SUMMARY Recommend to approve and authorize the Chairman to sign the Interlocal Agreement between Collier County and the City of Marco Island, the Hideaway Beach District and the Hideaway Beach Association, Inc., for the provision of erosion control structures and a public restroom in the Hideaway Beach section of Marco Island. OBJECTIVE: For the provision of erosion control structures and a public restroom in the Hideaway Beach section of Marco Island. CONSIDERATIONS: Attached is the Interlocal Agreement with the City of Marco Island, the Hideaway Beach District and the Hideaway Beach Association, Inc. This Interlocal Agreement provides Tourist Development Council funds to be used to provide erosion control structures and for the Hideaway Beach District to provide a public restroom. On June 24, 2008, item 10B, the Board of County Commissioners approved providing up to one million six hundred thousand dollars using Tourist Development Tax funds for erosion control structures on Hideaway Beach. On May 19, 2008, the Tourist Development Council voted to find that the Hideaway Beach area was subject to high erosion and that the erosion control structures should be used as a permanent solution for this project (8-0). The motion to recommend to the BCC that erosion control structures are in the public interest failed 4-4. This Interlocal Agreement has been approved and signed by the City, the District and the Association. Due to the number of parties involved and the number of issues to be addressed, this Agreement took over one year to finalize. FISCAL IMPACT: The initial budget for this erosion control project was established at $1,600,000 and approved by the Board as part of the fiscal year 2008 budget. Available budget remains $1,600,000 in fiscal year 2010 and the project is expected to be completed under budget. The source of funds is Category "A" tourist tax dollars. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: To approve and authorize the Chairman to sign the Interlocal Agreement between Collier County and the City of Marco Island, the Hideaway Beach District and the Hideaway Beach Association, Inc., for the provision of a erosion control structures and a public restroom in the Hideaway Beach section of Marco Island. PREPARED BY: Gail Hambright, CZM Item Number: Item Summary: Meeling Date: Agenda Item No. 16D8 March 23, 2010 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1608 Recommend to approve and authorize the Chairman to sign the Interlocal Agreement between Collier County and the City of Marco Island, the Hideaway Beach District and the Hideaway Beach Association, Inc., for the provision of a public restroom and erosion control structures in the Hideaway Beach section of Marco Island. 3/23/20109:00:00 AM Oate Approved By Gary McAlpin Public Services Division Director - Coastal Management Programs Coastal Zone Management 3/8/20102:49 PM Oate Approved By Colleen Greene County Attorney Assistant County Attorney County Attorney 3/8/20104:16 PM Date Approved By Kathy Carpenter Public Services Executive Secretary Public Services Admin. 3/10/2010 9:34 AM Date Approved By Marla Ramsey Public Services Division Administrator R Public Services Public Services Division 3/11/20108:41 AM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/11/20102:44 PM Date Approved By Jeff KI.tzkow County Attorney 3/12120102:19 PM Oate Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/15/201010:39 AM Agenda Item No. 16D8 March 23, 2010 Page 3 of 22 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND, THE HIDEAWAY BEACH DISTRICT AND THE HIDEAWAY BEACH ASSOCIATION, INC., FOR THE PROVISION OF A PUBLIC RESTROOM AND EROSION CONTROL STRUCTURES IN THE HIDEAWAY BEACH SECTION OF MARCO ISLAND. THIS INTERLOCAL AGREEMENT ("Agreement"), is made and entered into this_ day of , 2010, by and between the Board of County Commissioners, the governing body of Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County," the City of Marco Island, a Florida municipal corporation, hereinafter referred to as "City," the Hideaway Beach District, a dependent special district within the meaning of Ch. 189, Fla. Stat., hereafter referred to as "District" and the Hideaway Beach Association, Inc., hereafter referred to as "Association," a not for profit Florida corporation. RECITALS: WHEREAS, the County adopted a Tourist Development Category "A" Funding Policy for beach renourishment and erosion control on November I, 2005; and WHEREAS, the goal of the County's adopted policy is to maintain and enhance the shoreline beaches and provide visitors and residents convenient public beach access and quality beach amenities; and WHEREAS, the County reviewed a Grant Application from the City and the District on June 24, 2008, requesting $1.6 million dollars to fund erosion control structures on Hideaway Beach based on that approved Tourist Development Council (IDC) Funding Policy; and WHEREAS, the District has hired engineers to design, permit and construct a project to renourish Hideaway Beach and provide six additional permanent erosion control structures (the "Project"); and WHEREAS, the County desires to fund the portion of the Project related to construction of permanent erosion control structures on Hideaway Beach; and WHEREAS, the City and the District desire to fund the portion of the Project related to renourishment and the placement of sand on Hideaway Beach; and WHEREAS, the District shall be responsible for the costs for the annual monitoring anticipated to be required by the permit for the Project to be issued by State of Florida, Department of Environmental Protection (FDEP); and Page I of7 Agenda Item No. 16D8 March 23, 2010 Page 4 of 22 WHEREAS, the Association will grant the County and the District an easement for a public restroom and an easement providing pedestrian access to the public restroom from the beach at no cost to County or Association; and WHEREAS, the District will provide and fund the engineering, permitting, design, and construction of a public restroom on Hideaway Beach to benefit all members of the public; and WHEREAS, the Hideaway Beach District will be responsible for the engineering, permitting (local, state and federal), design, construction, inspection and all permit compliance of the Proj ect; and WHEREAS, the District will be responsible for the engineering permitting (local, state and federal), design, construction, inspection and all permit compliance of the public restroom and any related access improvements (if any) at Hideaway Beach; and WHEREAS, the County will review and approve the design of the public restroom prior to starting said construction. Hideaway Beach Association will have the final approval of the public restroom, which approval shall not be unreasonably withheld. Both parties previously agreed to the design set forth in Exhibit "A". NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. RECITALS. The above recitals are true and correct and incorporated herein. 2. ELIGIBILITY FOR FUNDING. The Hideaway Beach portion of the northern beach area of Marco Island is eligible for TDC funding under the County adopted policy for the construction of erosion control structures. The total cost requested by the City and the District is $1.6 million dollars and will be funded by the County with Tourist Development Tax funds payable to the City on a cost reimbursement basis, not to exceed $1.6 million dollars, for construction of the erosion control structures based on pricing submitted by the lowest, qualified and responsive bidder. The District will provide the funding for the renourishment portion of the Project. 3. SPONSORSHIP. The City agrees to sponsor the Project on behalf ofthe District and to secure funding to supplement the Tourist Development Tax funds for completion of the renourishment and stabilization project and the professional services associated with the erosion control structures and any cost overruns above the $1.6 million approved for construction of the erosion control structures. Permits will be issued in the City and County's name. The City and the District will obtain any additional permits required by state, local or federal permitting agencies. The District will obtain any necessary easements from the beachfront property owners in the area of the Project. The County will maintain ownership of the erosion control structures. Page 2 of7 Agenda Item No. 16D8 March 23, 2010 Page 5 of 22 4. CITY AND DISTRICT OBLIGATIONS. (a) The District will provide full funding for the public restroom and any access related improvements (if any). Unless permitting or completion is delayed by regulatory agency review or acts of God, if the public restroom is not built (final completion) within twelve (12) months from the date of completion of the six additional erosion control structures, then the City shall remit back to the County the funds expended by the County for the erosion control structures; however, the County Manager may extend the completion deadline for good cause shown. (b) The District will pursue all necessary grant applications, engineering, environmental and technical work and seek the appropriate environmental permits for the public restroom and any access related improvements (if any). All applications and permits for the public restroom and pedestrian access related improvements (if any) will be in the name of the County and/or the underlying property owner. The District will provide the design plans and location to the County for approval prior to beginning work; which approval shall not be unreasonably withheld. If County has not delivered written objection to the District within thirty (30) days after the design plans and location are provided to County, the County shall be deemed to have approved the plans and location. (c) The Association shall grant: (i) an easement in favor of the County and the District for the construction, operation, maintenance and repair of a public, pedestrian- only access area, which shall be restricted by the County and the District in its hours of availability for public use, to and from the public beach area only at Hideaway Beach to and from the public restroom (the "Public Pedestrian Access Easement" attached hereto and incorporated by reference as Exhibit "B"); and (ii) an easement in favor of the County and the District for the District's construction, operation, maintenance and repair ofthe public restroom (the "Public Restroom Easement" attached hereto and incorporated by reference as Exhibit "C"). As a material inducement for the Association to enter into this Agreement, the parties hereto agree that the Public Pedestrian Access Easement shall be limited to and from the public beach area only at Hideaway Beach and that no other public access to and from the public restroom will be sought or obtained hereafter by any party to this Agreement as any such additional public access would significantly and adversely impact property values within Hideaway Beach. The granting of the easements is for public access to the public restroom. The District will own, operate, monitor, maintain and repair the public restroom to be constructed pursuant to the Public Restroom Easement and access related improvements (if any) to be constructed pursuant to the Public Pedestrian Access Easement. Use of the Public Pedestrian Access Easement and the Public Restroom Easement shall be restricted to the same days of the week and time of day that the County's Tigertail Park is open for use by the public. Should the District cease to exist, the City shall assume all of the District's rights and obligations hereunder and as contained in the Public Restroom Easement and Public Pedestrian Access Easement; in such event, however, the Association may elect to assume Page 3 of7 Agenda Item No. 1608 March 23, 2010 Page 6 of 22 responsibility for operation, maintenance and repair of the public restroom and pedestrian access improvements. 5. PRN ATE PROPERTY EASEMENTS. The District will process the necessary easements from the property owners fronting on the Project area and grant the same rights under those easements to the selected vendors and contractors for purposes of completing the Project. The District will record those easements through the County Clerk's Office and notify the County when this is complete. No construction will commence until all easements have been recorded with the County Clerk's Office. 6. DISTRICT TO COMPLETE PERMIT CONDITIONS. The District shall be responsible to fulfill the ongoing obligations of the permits and all conditions of the permits such as annual monitoring and continued maintenance of the erosion control structures and beach area. 7. PROJECT PERIOD. In order to complete the Project in a timely manner, the County and City agree that the construction of the beach renourishment and stabilization Project will be allowed to occur during sea turtle nesting season (May 1st to October 31st) provided it is approved by the Florida Department of Enviromnental Protection and the Army Corps of Engineers. The District shall follow all available techniques to minimize impact, if any, to sea turtle nests. 8. INDEMNIFICATION. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, Collier County shall indemnify, defend and hold harmless the Association, the District and the City against any actions, claims or damages arising out of Collier County's negligence in connection with this Agreement, and the District and City shall indemnify, defend and hold harmless Collier County against any actions, claims, or damages arising out of the District and City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 9. MISCELLANEOUS PROVISIONS. A. Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be given to the City and to the District, attention City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Notice to the County, attention County Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112. Notice to the Association, attention Association Manager, 250 South Beach Drive, Marco Island, FL 34145. B. This writing embodies the entire agreement and understandings between the parties and there are no other agreements or understandings, oral or written, with reference to the subject matter herein, no alteration change or modification to the terms of this Agreement shall Page 4 of7 Agenda Item No. 1608 March 23, 2010 Page 7 of 22 have any force or effect unless made in writing and signed by the parties hereto. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. This Agreement may be executed in each of several copies, each of which may be considered an original. C. Except as to the District, the City may not seJl, transfer, or assign this Agreement, or any part hereof, without the written consent of the County and the Association. [Signature Pages to Follow] Page 5 of7 Agenda Item No. 1608 March 23, 2010 Page 8 of 22 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: CU>>fJUA--m ~ RJy: Jeffrey A. Klatzkow County Attorney ATTEST: CITY OF MARCO ISLAND, FLORIDA BY~ Robe opoff, Chairman Approved as to form and legal sufficiency: Dt,-f'tiw City Attorney Page 6 of7 HIDEA WAY BEACH DISTRICT (SEAL) By: ~\~PrJGffi Liz Bryan cret HIDEA WAY BEACH (SEAL) By: John B 09-CZM-00039!l1 Page 7 of7 Agenda Item No. 1608 March 23, 2010 Page 9 of 22 SSOCIATION \b \t./ }' '), Agenda Item No. 1608 March 23, 2010 Page 10 of 22 Sketth of Description llIIIlIl P"CII . fQHT ar Im)frM P'CIC . PCafT Of' CCIIa8ICDIENT IU__ CONC.__ FND__ (L. . ILEVA'1ICH t-_ I/W . 1IlIiT...ar-wAY ~NlIM.1Dl ClI'III_ -- I r-.----i ........___ "IQ,IU, f-. 40" Surveyor's Notes I All hori7.anta] and vertiCllll dimension,; lII"C in fm and docimlllA thereor ., The herccnLoaaJ, Dclcription Md Sketch otDclcription wu prepAred witht'lU\. rb~ benefit (If an a.bcrect oftitlc ('It' titlo opinion; 1herd1xe it.is .ubje.."t t(IlU\Y .1lIIeme:n.t&. mcumbnnm, rnet\"atiom,. "*X:Uon.t. r:iaht..ot'.WI)l'l, we,. and otM mlUln ()rtitl., "-t DIll)' be fa..ncl by . ocmplftf abstnlct Gf'titJc opinion. 3. The hCftlClnl.crpllbcriptiM Ind $kl.'!l.ch of Dac..'"Iiptm ran tiubjec:t to Ilfl)' undel'(l'l'atmd 01' not visibla impravr:mc:nts. 4. Undaeramd iraJX'O"en1enls, it 1In)'. have not been loc:a1ed. 5. Partions or the prClpGl'ty dar:ribod hereon maybe SlJqjfcl to lhll jurisd.K:tion IU'Id restriction, of acw1mmemallJllnt:ies. Tho proper ~ IibouW ~ wnUll..1tld fur 1Ik111rtd1lnl'lJrlDalicn PC" tu IM WIC uf!he proporty. 6. The henan LeBBI Descriplian IIl'1d Skcl.Ch ofDcscription does nor refl<<i >X ck!rr.rminl'. ownmhip. 7. NIX .a1id witboulthe ~ Il'ld the <lIip.t rbcd SOIl or. Florida Uconsed sw....eyOl' nMmspper. Leglll Description Public Restroom Easement lkina. pod;'" orthe OponAnoa .....lIlDEAWAY BEACH. BEING A SllBDIV,~ION m'OO\'ERNMENT LOT 5 OF SEcrlON 6 ANn OO\'llRNMIiNT LOTS 3.4, AND 5 OF snc:nON 7. AI.L I. Y~(l ANn BIlINl1lN TClWNliIllP 52 SOUTH. RANGB 26F.AST. COLLIER COUNTY. FLORIDA.llCOCIRl;Jlilto IIIe plot th<<cof''''Ordod in PI" Book 6. 1'a~..1O lhrI>ooh IS in the 0lli0i0I Rooxds or Collier c.ounty. Flcxida ni whicb is mae parliwlll1'ly cJcsc:riborJ os rolltlM": Coau.,nclDcat. r-.d lInd disk(1IImpCd "Rl.S 2006"'} hlTm, -arid eoorcin&re nUuc oCNorth (y) $90181.90 IndBut(~ .ofl0J.0to.43 that .. n1aOOrw 1bc oemerIN interwctiCWI ot\""te:rsido Drive (II pri.., tOldWllY hH"i", II 40.rool....idt right-of-way).ntI C"'..oco Plmn ~~'~~"=;=r:.::'==:~::~~~;.;ti~:~~'ti.:=:;~~'w", S...h .... CI2' J6" Weat 15.00 lIoo'to. point hATI".. criol_lB >olu. alNorlh (y) Sl<lllM 76 """ Ilut (x) 44l9IOI54; the_ Nort.h l,IZ' 57 2"- WClt2(tOOfottto. point MYina I arid cooniirak. vllueorNorth 0') 59i)JOcl'.73 and Eut 0.') 0109807.51: thence Nanh sr 02' 3lS-lias1.I',OO fee \0 &pcintba\'q; . arid COCX"l.UnIle vtJue orNonh (y) ~90201.501Ildl:i.ut (.x) 409S22.4~ theoce SwthOZ' 572'- F....20.ao rcet1D6lcI'oJn' .fllqlnnlnt:. l:lelIrings md srid COClI'dinI:t.eI montiontd in thi. !.qal Dcac:iption lIt'O bnscd upon the Flooda Slitc'. Mane C.oardinIte Sys~. HAl) 13 (2IJ07) (Noc1hAmorioan Datom, 1913. Adj_mt .12(07). }1crXlaHat:zon.. The Nattonal Geodetic SUrvey (NOS) TIdal Benchmark:"n2 04991 D TIDAL ~ wes Ulili7.ed 10 es!Db1ish the arid eoordinate \'fllues.. ~odby: American Bncinccrinc Consult.uM or Mal\XllsJ.nd. (nc. Ccni(iealc of Autbcrization. NLmbcr: LB 610119 8HI!I!T 1 ao 1 LEGAl. D~ NG IIICIiIllH OF DIilIORP1tON PIalO IlIIITIlOOM I!A8EM!NT .......-- __IMT AMERICAN ~ CON8U..TANTB ..-..... CiR1IFICATt OF' AUlHOfIZAlION: f2iM4'. LBI 741. 173 IALD eMU Ill'. MNlCO -.s.JrG, 1't...MMI (.DI) aot-,..,. (FAX) 3M-7S71 HOlED DA : 1-20-2001 1oi21-oo2-ot !P R ELI M I N A R V, T. Alan NellI. PI.S Professional r.and S\ll'Vcyor SIBlB a[}larido Rag. NUlI1bcr >l6S6 El:h:ibit: "J,!' Agenda Item No. 1608 March 23, 2010 Page 11 of 22 Property J.D. No.: Prepared without opinion of title by and after recording return to: K Bruce Anderson Roetzel & Andress, LP A 850 Park Shore Drive Naples, Florida 34103 (239) 649-6200 (Soace above this line for recordim! data) INTERLOCAL AGREEMENT EXHIBIT - B, PUBLIC PEDESTRIAN ACCESS EASEMENT THIS PUBLIC PEDESTRIAN ACCESS EASEMENT ("Easement") is made this day of , 2010 by Hideaway Beach Association, Inc., a not for profit Florida corporation, its successors and/or assigns ("Grantor"), whose address is 250 South Beach Drive, Marco Island, Florida 34145, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"), the City of Marco Island, a Florida municipal corporation (hereinafter "City" or "Grantee"), the Hideaway Beach District, a special district of the City of Marco Island (hereinafter "District" or "Grantee"), for the use, enjoyment and benefit of the public. WIT N E SSE T H: Grantor, as the fee owner of the real property more particularly described on attached Exhibit "A," which is incorporated herein by reference (the "Easement Area"), for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and dedicate for the use of the public a perpetual, non-exclusive access easement for pedestrian travel including construction of boardwalk if appropriate over and across the "Easement Area", for the use, enjoyment, and benefit of the public, subject to the following conditions and limitations: I. District shall improve the Easement Area for public pedestrian access purposes to and ITom the Public beach area at Hideaway Beach to and from a public restroom to be constructed, operated, maintained and repaired by District, and District shaH design, permit, construct, operate, maintain, and repair, at its expense, any such (if any) access related improvements within the Easement Area. If applicable, Collier County shall cooperate with Grantor and District in any such access related improvements. District shall maintain the Easement Area in such a way that is substantially equivalent to level of maintenance performed by Collier County, Florida of public pedestrian access at Tigertail Park. 2. The County shaH have the right but not the obligation to construct, operate, maintain or repair the Easement Area including the right to construct a boardwalk if approved by the Grantor and District. 3. Public use of the Easement Area shall be limited to the days of the week and time of day that CoHier County's Tigertail Park is open to the public. District shaH have the right to Agenda Item No. 1608 March 23, 2010 Page 12 of 22 temporarily limit, restrict or suspend public access to the Easement Area in order to maintain, and/or repair the Easement Area. Collier County may inspect the Easement Area semi-annually to assure District's compliance with the terms of this Easement. As a material inducement for the Association to grant this Easement, the Grantees agree that the Public Pedestrian Access Easement shall be limited to and from the public beach area only at Hideaway Beach and that no other public access to and from the public restroom will be sought or obtained hereafter by any Grantees as any such additional public access would significantly and adversely impact property values within Hideaway Beach. The Easement Area is intended to be used by and be available to members of the public who access the Easement Area from the public beach abutting the Hideaway Beach development. Use of the Easement Area shall be limited to only those members of the public who access the Easement Area directly from the public beach. 4. Grantor hereby represents and warrants to Grantee that: (i) it is the present fee sirnple title owner of the Easement Area; (ii) that the Easement Area is free and clear of all liens and encumbrances; and (iii) Grantor has good right and lawful authority to convey and dedicate this Easement. 5. If any term or provision of this Easement or the application thereof to any party, person or circumstance shall, to any extent, be declared invalid or unenforceable by a court of law, the remainder of this Easement, or the application of such term or provision to parties, persons or circumstances other than those to as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other terms and provisions of this Easement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Easement shall be valid and enforced to the fullest extent permitted by law. 6. This Easement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules. Venue for any legal action arising out of this Easement shall lie exclusively in the state courts of Collier County, Florida. The prevailing party in any action, or in any ancillary proceeding or an appeal, to enforce or interpret any of the terms or provisions of this Easement shall be entitled to injunctive relief, specific performance or other relief. 7. After formal acceptance of this Easement by the Grantee, it shall be recorded in the Public Records of Collier County, Florida. 8. Should the District cease to exist, the City shall assume all of the District's rights and obligations hereunder; in such event, however, the Association may elect to assume responsibility for operation, maintenance and repair of the public restroom and pedestrian access improvements. The foregoing covenants, terms and conditions shall attach to and run with the Easement and the Easement Area, and shall be binding upon the parties and their successors and/or assigns. Agenda Item No. 1608 March 23,2010 Page 13 of 22 IN WITNESS WHEREOF, Grantor has set its hand and seal on the day and year first above written. "GRANTOR": Signed in the presence of: Hideaway Beach Association, Inc., a Florida non-profit corporation ~z~~ #~4 - Witness: 'fJ1I1~/&D By: IlV\ 6 )/(/ John STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this .;:2iC. day of ~~. , 2010, by John Barto, Jr., as President of Hideaway Beach Association, Inc, a Florida non-profit corporation, on behalf of said corporation, who is personally known to me or has produced as identifica~. ~~ N~B~ Name: (Type My Commission Expi . ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Cbf: ~7n~ Jeffry A. Klatkow~ County Attorney ATTEST: Approved as to form and legal sufficiency: (1- I' )/.LJ City Attorney Agenda Item No. 1608 March 23, 2010 Page 14 of 22 ACCEPTED BY GRANTEE: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman ACCEPTED BY GRANTEE: By: (SEAL) ACCEPTED BY GRANTEE: HIDEA WAY BEACH DISTRICT By: ~~C"t\ LIZ B , Se retary 583888 v_09 Agenda Item No. 1608 March 23, 2010 Page 15 of 22 Agenda Item No. 1608 March 23, 2010 Page 16 of 22 ~~~/ Sketeh of Description llDIl JICII"~CFI!liIINNHa lIClC-l"GI('fcpCQUIItI!ICEWEJfr ""'-- COIlC. _ """"'" --- II.. -1LEYA1I0N . - ...-.. II/W.. ~-wAY WEAN.... w.\1Dl / ............... ./~ ..........." IDlEOF' , " " P'IICPOCItO-fUn' IINOI ','- _ r_~~ '- ,- - . ----- .f. 1""\.0....-""1 ____ "1ON.El1-.. 40' ..... -... Surveyor's Notes 1 All hnrimntal.nd .".ertictl dimensionll.1lI'e in tetlt and decimals thereof': 2. The bcrtOl'l.1cpl Dclcription:tnd Skctdt ofDcICription ll.'U l'll'cpIl'CCI wilhL'lUt rb~ hcncrn af In a.bItnct ottitle (If titlo opiniDn; tbmfoct it is ~ to an,y t1lIancnil, ~bnnces, lCICtfltions. rcstr1C'iant. riaht..oC."ll1I. use.1lDd othcr mlUltl of tide thRtmay 'oe fmlKl by 0 cmplem .bttraClClftil.le npwm. 3, The MJ'llOrllepJ Dl:llcriptim an.d Sk~ of 1.JcI=ripti:m Rill subject to Rn)' undctpraund or not viaibJc UnprtWr.mmtl. 4. Undaaramd impnwcmc:nts, if'any,lllIve nol: betn lOOl1ed. S. Portion, or tM ~ cle.lc:ribcd n.::rcon maj'be luqjC'ct tel the jurisdiction krld rtstr!cliore. of 8OVllmmemal.,GnC1es. Tho prop<< ~l:S IOOWtll.1lol UI.l:UiIl:k:d fur 1b.= Iwlcsl. iDtUl1llaUon pilar l.u ~ WIC uJ'!M proporty. ti. Tho hemon Legal Descripli<'l'1l1lcl SkillCh ofDcscrirwion does not ren<<1 m di'lt.emlinLtmmfrSbip. 7. Not ",liel wiEboat the aianwrc .md tt\c oriainal ra1scd. sell or t Florija licensed surveyor nnd mtpper. Legal Description Public Restroom Easement ~ina lportim of the OpenAra InId,WDEAWA'i BEACH.BElNO ASllBOJVt.~ION O!-'GOV~LOT 'OF SECnON 6 AND 110VERNMJ>NT LOTS 3. 4, AND $ 01 !;l;c;TION 7. AU I. \1N11 ANT1 BhlNl1lN TOWNSHIP $2 SOll!H, RANGE 26F.AST. COLLIER CXltJNTY. Jll.ORIDA. o<caFdina "!h, pia, 1hcr..C t,,'CIdod in Pill Bock G. ra,es 10 1hn><lIh 13 in 1M 0lli0iaI Rccc:rdo oC Collier c.ounty, Florida and which is more pllrticuhll'ly ~ribotlllS (oHows: Coalame.. It anad IDd _(IllarlpCd"R.LS 2{(10") bll,'i~. said cocrcinuc l"a/uc of North (y) 5SlOI81.90mdiias:OO 41Cl340.43 that is 111an:U.1he oen!erliM irttnaction orWale!'SitJ,) ome (II priVllt4 toachny hHvintJ. 40-!ogl wide right..or.way)8nd.(',..ogoPlurn Lane Ca private roIdway havina. 4O-Coot ~idc: riafi~of.wa)'). aecotdinQ to tM abo\"e reCfiteDCecI plat; lbenoo North W 22' 32- We ~IG94 Cool., tho """" "~bavina'&rid '"""",",, v.lucoCNcnh (y) $90IIU3 and _(x)olOSl823.52; 1bcocc StlJth 87" rr2' 36- Welt lS.OOf'eet1oI poin1 hlTina .cri~ coordinAte "We ofNor1h (y) ~9011rt.t 1(i Rnd 'Eut(x) :J09IOI.54; thence North 0)' $7 l4' West 20.00 CoellO a point ""'ire a lrid _cardinal<. val.. oCNo"h ()') 5S'(':l(lQ.13 and F.aat (y) ~UI; lhcnce Nonh 87' 00' 36' Eaat I $.00 root 10 a poIIIlha,"", alrid COCllIiMl, value .rNor1h (y) '1lO21I7S0 and East (xl oC09S22.49;'- Sw!h 'IZ' 57 24' F.aat20.oo C...., d>c P>lnt .rllqlnninc. U,winsund &rid - mcntioncd ill Ibis LqallJcacriplKm '" bcacd upon <he Florida S"".I'Ian. Coantinorc Sywm. NA)) '3 (2lJ07) (North""'";..,, 0.-. 1m. A<Ij_cm .rm7), l'k<KIo Iiaat ZM<. Thr National Geodetic Stncy (NGS) TIdt.I.BencJvnark '"'K72 4991 }) TJOAL" WIlS wiliud to estIIblilh the arid coordinlte values.. ~by: AmCTi.;an 6rlcinccrina: Consultlnt.1 or Man:o Island. rnc. C.:nj(j~le or Awhcrization Nwub.:r: LB 117-119 eHII!T 1 OF 1 LEGAL IIIIlICIlFIION AND lIQTCH OF DEIICIlFI10N PIaIC IlIII11lOClM ~ -.-. ---- AMEIIICAH E!NCiIEI!IlNI CON8lLTANTB DF_...._ CER1IFlCATE tS AUlHDRlZA1ICIN;: fIM4I. L8I 741. m M.D IMI.I: DIt. KAIlCO ..... I'l. SoloMl (DI) ~117 trAll) a4-7m DA, H01m Ip R ELI M I N A R Y' T. ,Usn Neol. PI.S Pmrcsaional T.and Surveyor Stale QOloridll Rei. Number 46~ Eddbit "A" Agenda Item No. 1608 March 23, 2010 Page 17 of 22 Property tD. No.: Prepared without opinion of title by and after recording return to: R. Bruce Anderson Roetzel & Andress, LP A 850 Park Shore Drive Naples. Florida 34103 (239) 649-6200 (Snace above this line for recording data) INTERLOCAL AGREEMENT - EXHIBIT C. PUBLIC RESTROOM EASEMENT THIS PUBLIC RESTROOM EASEMENT ("Easement") is made this _ day of , 2010 by Hideaway Beach Association, Inc., a not for profit Florida corporation, its successors and/or assigns ("Grantor"), whose address is 250 South Beach Drive, Marco Island, Florida 34145, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"), the City of Marco Island, a Florida municipal corporation (hereinafter "City" or "Grantee"), the Hideaway Beach District, a special district of the City of Marco Island (hereinafter "District" or "Grantee") for the use, enjoyment and benefit of the public. WIT N E SSE T H: Grantor, as the fee owner of the real property more particularly described on attached Exhibit "A," which is incorporated herein by reference (the "Easement Area"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and dedicate for the use of the public a perpetual, non-exclusive public restroom easement for the benefit of all members of the public using the public beach area at Hideaway Beach across the "Easement Area". The Easement granted hereby shall be subject to the following conditions and limitations: I. District shall design, permit, construct, operate, maintain, and repair, at its expense, a public restroom to be constructed by Grantee within the Easement Area, and Grantor shall cooperatc with Grantee in this undertaking. 2. District shall maintain the public restroom to be constructed within the Easement Area in such a way that is substantially equivalent to the level of maintenance performed by Collier County, Florida of the public restrooms at Tigertail Park. 3. The County shall have the right but not the obligation to construct, operate, maintain or repair the Easement Area and restroom. 4. Public use of the Easement Area shall be limited to the days of the week and time of day that Collier County's Tigertail Park is open to the public. District shall have the right to temporarily limit, restrict or suspend public access to the public restroom Easement Area in order to maintain, and/or repair the Easement Area. 583887 v_13 Agenda Item No. 1608 March 23, 2010 Page 18 of 22 Collier County may inspect the Easement Area and restroom semi-annually to assure District's compliance with the terms of the Easement. As a material inducement for the Association to enter into this Agreement, the parties hereto agree that the Public Pedestrian Access Easement shall be limited to and from the public beach area only at Hideaway Beach and that no other public access to and from the public restroom will be sought or obtained hereafter by any party to this Agreement as any such additional public access would significantly and adversely impact property values within Hideaway Beach. The Easement Area and restroom is intended to be used by and be available to members of the public who access the Easement Area from the public beach area abutting Hideaway Beach development. Use of the Easement Area shal1 be limited to only those members of the public who access the Easement Area through the Public Pedestrian Access Easement granted concurrently with this Easement. 5. Grantor hereby represents and warrants to Grantee that: (i) it is the present fee simple title owner of the Easement Area; (ii) that the Easement Area is free and clear of all liens and encumbrances; and (iii) Grantor has good right and lawful authority to convey and dedicate this Easement. 6. If any term or provision of this Easement or the application thereof to any party, person or circumstance shal1, to any extent, be declared invalid or unenforceable by a court of law, the remainder of this Easement, or the application of such term or provision to parties, persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shal1 be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of al1 other terms and provisions of this Easement and al1 other applications of any such term or provision shall not be affected thereby, and each term and provision of this Easement shal1 be valid and enforced to the ful1est extent permitted by law. 7. This Easement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules. Venue for any legal action arising out of this Easement shall lie exclusively in the state courts of Collier County, Florida. The prevailing party in any action, or in any ancillary proceeding or an appeal, to enforce or interpret any of the terms or provisions of this Easement shall be entitled to injunctive relief, specific performance or other relief. 8. After formal acceptance of this Easement by the Grantee, it shal1 be recorded in the Public Records of Collier County, Florida. 9. Should the District cease to exist, the City shall assume all of the District's rights and obligations hereunder; in such event, however, the Association may elect to assume responsibility for operation, maintenance and repair of the public restroom and pedestrian access improvements. 2 583887 v _13 Agenda Item No. 1608 March 23, 2010 Page 19 of 22 The foregoing covenants, terms and conditions shall attach to and run with the Easement and the Easement Area, and shall be binding upon the parties and their successors and/or assigns. IN WITNESS WHEREOF, Grantor has set its hand and seal on the day and year first above written. "GRANTOR": Signed in the presence of: , Inc., ion \ () ~/J.~- ~Q=7'~~ Wlt;;;V=Z;~"1ffl#~' ~ess : ffltrle:t--f/ TO/6tD By: John STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this ~ day of ~d , 2010, John Barto, Jr., as President of Hideaway Beach Association, Inc, a Florida non-profit corporation, on behalf of said corporation, who is personally known to me or has produced as identifica . on. ARY P IC +o,~:.~~~ MARYE.A:HR Name: -.. MYCOIIIIISSION'IlDR41lOO3 (Type ) EXPIRES: AprU 22, 2013 M C .. E . "''' _lIwIlJjgolNoloy_ yommlsslOn xplres: 3 583887 v_13 ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: 01Y: ~1r/ J:i@--tJ Jeffry A. Klatkow, County Attorney ATTEST: Approved as to form and legal sufficiency: (Llf/U City Attorney 583887 v_13 Agenda Item No. 1608 March 23, 2010 Page 20 of 22 ACCEPTED BY GRANTEE: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman ACCEPTED BY GRANTEE: CITY OF MARCO ISLAND, FLORIDA BY:~ R E POPOFF, Chairman 4 (SEAL) 583887 v_l3 Agenda Item No. 1608 March 23, 2010 Page 21 of 22 ACCEPTED BY GRANTEE: HIDEA WAY BEACH DISTRICT By: -A~~ LIZ B , Se retary 5 Agenda Item No. 1608 March 23, 2010 Page 22 of 22 Sketch of Descrl.ption l._~ -- I'W - IIOlHT OF IIIItNNO 1"OC-I"OIfTOf~ ...-- """".- "".- IL. -1I.IYA.1IOM t._ I/W .. JIlGIHT-oF-WA'l' .1. 1""\.........., Surveyor's Notes All hori.total and. vcrtkAl dim=tions... in Em and decimals 1heroor. 2. The herecm J..epl L>eIc:r~ lWi~cb of.Llucr:iptiaQ. wuprtpand WJ~ the btn.flt ~Dn Dtc'Pct oCtiUe or title opiniun.1herotlJl"c ~ illUbjoot. kl.lU:l)' CIIIanantl, cncumbnnc:s. fllCl'VWosw.. lCllrictlms, riahL-oO('WIYI, UI':. and . olhwmatlmortitlelha1.may btfOQ'ld by .comi*t.lIbs~oI\irk opinion 3. The borccn Lea:U Il<scriptim IIld Ske<dl cfDcsoriplion uc OIbjO<t to any '''''"''I',,,nd or not visible improvcm_. 4. t:ndersround itnpl'ClYemeall, iftl1lY. have na.b6en loGatr:d. 5. PortionJ orrha praporty deIc:riMtd hereon maybe subject to tbt jurildiction Pi rltStticUons oC 8cvel'M"lcmtall~ncies. ~ prop;..T RgCl)lrirs.houkl be! contlQ'tcd r,*1I>> lltcll inCormllicrn pMlX' 10 the ute oflhc prapcn.)", 6. '["be horoon Lcpl Dc:IcripI;knand S~ of Doscripbon dca not rcfloot or dcWmv'lO ownorahip. 7. NO! yalid wilhoutlh$ sipIturt and tho c.ricinal milOd MUI or. Flarida licensed llII"Voyar and lMppCr. Legal Description Public Pedestrian Acc..s Easement Jlci", . ponionoflhc Opal"''' .....IlIDllAWAy BSAClI. BEING A SUIlDIVISlON OF GOVER1'iMENT LOT 5 OF SECllON6 M'D OOVERNMEllT WTS 3, 4. AND 5 OF IEC!lW7. ALL L'IING AND IllllllGIN TOWNSlllP 52 SOUlll, RANCII! :/OWT, coLl.m~ COUNTY, Fl.c:1RlDA............ the pill thcnoor rocmIod in PIal Book 6, PIa" ,(l drooQh 'S in the Offioial_ or Colli" COWU)'. Floridalllld which... taRJnml for public po6datrian lICOIII purJ)(lMt tbatiJ 10 leetwide Incllyina 5 flNLODtlduide Clf tlK! fClllawinll dcsaibed fino: Comm..dIl8. ",.n IlllCI c!lIIk (_peel "RLS:lOO6") bavil1l.ari4__ vallhlofNonh (y) S!>OJ8II1') unci _ W ~103-l0.43 Lhal is marlu", \he wDlcrl..iDo izIra.ciiea.ci.W.tmidO"Drin(. prinkl'OldW")' hI,..iDg. 4O-fl)lJt W1Uton>>ht-uC......'*'> and CtJO) P1W11 LIIl' (. I"iv.", roodway Iwwilla. 4O-taalwide riafOoof-way).lIC<lOIdina 10 Ih..bo....I.rcncocl pial; 1hcn<< Nonh S8' 1~ IS' W..; m68 r"'IIotl>>PoInI.IBqbtnlqIlav"'l 'Jrid_nlwolNonhty) lOOlP7.81 andEul(.)ol<J9ll28.00; lhcncc North II!' S7' 24" Wctl40.00fcottoa pointhwin&:.pid~"aJucofNorthlv}S~7.~ Ind. Hasr.(II:)...:Mt2S.94; 1hcnce s.uth 86" 41' 19' W", 79.SI foe'fa .poinrllavilla'ari<!COCIIdi1a.. val.. oINcI1h(y) S902l3.1611ld EuI(y)-109746.S6; th"", North S'J' rg 44' WC1rt&l!l fectta a pC'linthwmSlaridconr'dir.tcvlJuc ofNarth(y) S90:240..an and Elllt (:c)~R6.J9; thence Nonh .~5~ lH' l')fi" Wutc)3 feel. more ar1eato the PulDt IlfT.".btua ....hich is 1M inlenleclKm of the mean high wilier line rorClam - The :sidc.s 41fsaid l''''fOOtca$ORlent to be exlcrxSod cr shortened to meet Jt angle polnts and to tcrmll'lllte at .said mean high """Iter line. lkarings llnd grid coardinRtea ..eaJ:ionecJ in &biJ UpJ. Deac:ripticn on bG.ud upM 'lho FJcricla SIn. Plane t'aordinat.e Srsrem. NAD 83 (2I'J07) (t\onhAmftic:un Dawa. 1983, Ac;ijUllmmtor2(07) Fbidar F.aa1..ont. The Natial'ltl neudr;tic Survey (NC1S) Tidal 'Fiend'mwrk "'872 4991 0 TmAT.... W~ utili7.t:d to e.Qhlish the Brid eoontinll.lt vwlucs. Prcporocl b)'. l\merian I~int_crq Consultmta cfWaroo laJa:nd. Jnc. Certificate lJf AwmrizatiCII. Number: LB 17419 IP R E L J M J N A R Y' ~101'1 LEGAL _ AND lIICETCII OF_ PI&IC PI!DIISTFIAN ACCIII ~ _~_. __I!UT AMEIIICAN ENGIBIII<<i CON8I.L TANT8 ------ CO:tFICATE a: AU'lH(RV.1ICIN:I fZM48. LBf 741. m,M>> 1.t4IllK. MMCO........ PI.. 34ltll1 CUI) ....11117 (rAll) 31+-7171 r. Alel Neill. PLS Prorcssiond I.and Sun'cyer Stlte: ofFlorids R~ Numb<<.okiSG N<lTtIl 7-20-2OClt 10821-002-0'1 ElI:bibit: "A"