Backup Documents 11/13/2012 Item #16A1516A
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
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P t rl
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 91 through #4, complete the
checklist and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
LEmily Pepin
County Attorney
(Initial)
o la
2.
11/13/2012
Agenda Item Number
16A15
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Assumption Agreement
Number of Original
1
5. Acting Office Manager
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Courts Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item )
Name of Primary Staff
Pamela Lulich
Phone Number
(239) 252 -6291
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
11/13/2012
Agenda Item Number
16A15
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Assumption Agreement
Number of Original
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9. 3.04
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
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
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
4P 40
.� 1
1 �'
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
/;, 11_�:,
signature and initials are required.
T_/(
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on 11/13/2012 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the changes, if applicable.
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9. 3.04
1-6A15
Martha S. Vemaara
From: HemeraGloha<GlohaHenee@od|iergoxmet>
Sent: Thursday, November lS'2Ol%l:28PM
To: Martha S.Vergara
Subject: The cost center for PamLu|ich
11Z'16]6SZ-649O3O-6�]O761VVOAgreements
102-163641-649030-0 recording for resolution ROW permit forms
I GUESS THIS COMING DOWN THE ROAD Pam Lulich will be on Vacation as of Friday 11/16/12
Gloria
uoce'pm"ual aw` ail uJ1omuesa re- nvulic , ec*do,n you unnmwon your * mad addres�-'m�eas�-dmrsn:memanumic ccomseques onnm,^nu
mall to this entify. nstead, contact this affice, by felopnon�l,, rf m writmq
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ASSUMPTION AGREEMENT
THIS ASSUMPTION AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into this (3iVI day of N O VM btr , 2012 by and between
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing
address is the Harmon Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112
( "County "), WCI COMMUNITIES, INC., a Delaware corporation, whose mailing address is
24301 Walden Center Drive, Bonita Springs, Florida 34134, and the HAMMOCK BAY
OWNERS' ASSOCIATION, INC., a Florida non - profit corporation, whose mailing address is
24301 Walden Center Drive, Bonita Springs, Florida 34134 ( "Association ").
WITNESSETH
WHEREAS, WCI Communities, Inc. ( "Developer ") is the owner of certain tracts of real
property in Marco Shores Unit One, according to the plat thereof recorded in Plat Book 14,
Pages 33 through 38, inclusive, of the Public Records of Collier County, Florida known as
Marco Shores and Hammock Bay (collectively the "Hammock Bay Property "); and
WHEREAS, the Hammock Bay Property lies immediately south of Mainsail Dr., a
Collier County right -of -way, and immediately east of Collier Boulevard (SR951), and is
accessed from Collier Boulevard (SR 95 1) by Mainsail Drive; and
WHEREAS, on June 24, 2003, the County entered into a Landscape Maintenance
Agreement with Developer for the installation of landscaping improvements in the medians of a
portion of Mainsail Drive, and a copy of such Agreement is attached hereto as Exhibit "A "; and
WHEREAS, in paragraph thirteen of the above - mentioned Agreement the parties
contemplated for the assignment of Developer's rights and obligations to the Association once
installation of the improvements was complete; and
WHEREAS, the installation of the improvements has been completed; and
WHEREAS, the parties wish to formalize the Association's assumption of rights and
obligations under the Agreements effective as of the date first above written.
NOW, THEREFORE, in consideration of the above premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. The Association hereby assumes all rights, title, interest, duties, responsibilities, and
obligations of the Developer as stated in the Landscape Maintenance Agreement
dated June 24, 2003.
2. The Developer is hereby released from all of Developer's right, title, interest, duties,
responsibilities and obligations under the above - mentioned Agreement.
1 INSTR 4763261 OR 4855 PG 1848
RECORDED 11/16/2012 9:54 AM PAGES 12
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $103.50 INDX $1.00
16A15
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
4. The County hereby consents to the Association's assumption of the Agreement. No
waivers of performance or extensions of time to perform are granted or authorized.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
ATTEST- �t,A
DWIGHT.E.14RiOCK, Clerk
Attest a
• ut, U• �.
Print Name:
ne
v
Print Name:
I
Print Name:
Q
Print Name: tV. ,V ► D CA-LaVC(e__
Approved as to form and
tal su icie cy•
milt' R. Pe
Assistant County Attorney
2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE,
HAMMOCK BAY OWNERS'
ASSOCIATION
By U&tx&
Title &Z;-,\
WCI COMMUNITIES, INC.
By:
Title:✓' Ur t 2
16A15
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this A�_ day of Q ' 2012, by
Paul Erhardt, as Senior Vice President of WCI COMMUNITIES, LLC, a Delaware limited liability
company, on behalf of the company, who is personally known to me or esen e
�0' � Notary Public State of Florida
(Notary Seal) ' Margaret A Sisk
My Commission EE 224210
or nod Expires 10/02/2016
STATE OF FLORIDA
COUNTY OF LEE
Name: "P A 9- c -t IS►L
Notary Public
State of Florida at Large
My commission expires: 10o1-Z vi e,
The foregoing instrument was acknowledged before me this : t \ day of St e • , 2012, by
David Caldwell, as President of HAMMOCK BAY OWNERS ASSOCIATION,INC a Florida Not for
Profit corporation, on behalf of the corporation„ who is personally known to me or pr$seff+ed
n.
a Notary public State of Florida Margaret A Sisk My Commission EE 224210 Expires 10 /02/2016
(Notary Seal)
a �-
Name:
Notary Public
State of Florida at Large
My commission expires: 1 a a o I b
A 1 , to UUbjl UUb :ttl IUZjjjliajrE
Phases I and 2 for an indefinite period of time, at its sole
WHEREAS, the Marco Drainage Association, In
Improvements in either Phase I or 2; and
WHEREAS, Developer shall enter into separate
Phase 3 at a Iater date; and
WHEREAS, County finds a public purpose for the
NOW, THEREFORE, in consideration of the
consideration, the receipt and sufficiency of which is heret
1.' Developer shall, with the participation of
and the Collier County Airport Authority, complete the
with Florida Department of Transportation standards. F
Improvements, Developer shall provide three (3) copies of
2. Developer shalt, pay for the costs associa
the world shall be completed by January 15, 2005. The I
necessary by Developer, at no cost to County. Mainte
standard Collier County Landscape Operations Section spe
3. If required by County, Developer shall-
Improvements.
any permits needed from County for the
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_-- -- r, --- - -erg %A%"A"S JUUC yr Baca year: "he palms shall be pruner to a "Tropical tom' or to a nine (9)
o'clock - three (3) o'clock angle from horizonttal at the base of the palm's bud or lowest #'rands. Approximately seven (i)
to !ten (10) green fronds shall be left at the,boad after pr¢uing. The pn g shall include removal of all nub, seed stalks,
brown or dead and lower frcmrls.
The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The pahns
shall no be climbed with tree spikes to remove the fronds. The Pruning shall be accomplished by the use of a ladder
boom tr ck or h& t4t� dr s is firrnei +T,a ,,,ti,W.;... _ti �r t _ a
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