Backup Documents 03/23/2010 Item #10E
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI) 0 E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 ofthe Cbairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.Heidi Ashton County Attorney's Office
3.
4.
......
5. ~l.lV Filson, Executive Manager Board of County Commissioners D- 4/'"Z- / L 0
1M f11lTC:-H€CL
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oftbe addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BeC Chainnan's signature are to he delivered to the BeC office only after the BeC has acted to approve the
item.)
Name of Primary Staff <,.' . Phone Number ~.' .. ,
/ j
Contact v:"' eX. '-''''\.." t - . . ~
.<
Agenda Date Item was :3 -d-~3- 10 Agenda Item Nmnber laE
Approved by the BCC
Type of Document C(.:f(,'. I Number of Original Lf
Attached -T' . Documents Attached
v
Initial the Yes column or IIl3Jk "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 iniiiaIed by the County Attorney's
Office and all other parties except the BCC Chainnan and the CleIk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC 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
signature and initials are required.
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 TaUahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
INSTRUCTIONS & CHECKLIST
I: Forms! County Forms! BeC Forms! Original Dol.'Uments Routing Slip
WWS Original 9.03.04
IDE
MEMORANDUM
Date:
April 5, 2010
To:
Gail Hambright, Accountant
Coastal Zone Management
From:
Ann J ennej ohn, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Agreement(s) between Collier County, City of Marco
Island, Hideaway Beach District & Hideaway Beach Association
for a project in the Hideaway Beach Section on Marco Island
Attached, find please find three original (identical) copies of the agreement
referenced above (Item #10E) approved by the Board of County Commissioners
on March 23, 2010.
The Minutes and Record's Department has held the fourth original agreement for
recording in the County's Official Records. After it is returned to our office we will
provide you a copy of the recorded document.
If you have any questions, please call 252-8406.
Thank you.
Attachments (3)
IDE j
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 ;)3rv1
day of lY'\cArc..h , 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 renourislunent and erosion control on November 1,2005; 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
J LIne 24, 2008, requesting $1.6 million dollars to fund erosion control structures on Hideaway
Beach based on that approved Tourist Development Council (TDC) 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 fLlnd the portion of the Project related to
renourislunent 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 1 of7
INSTR 4414669 OR 4554 PG 21
RECORDED 4/7/2010 2:43 PM PAGES 20
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $171.50
IDE
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 ofthe 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 Project; 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 ofthe Project.
3. SPONSORSHIP. The City agrees to sponsor the Project on behalf of the 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
IOE'f
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
of the 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
1 DE i
responsibility for operation, maintenance and repair of the public restroom and pedestrian
access improvements.
5. PRIVATE 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 ofthe 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 151 to October 31 st) provided it is
approved by the Florida Department of Environmental 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
IDE
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 sell, transfer, or assign this Agreement,
or any part hereof, without the written consent ofthe County and the Association.
[Signature Pages to Follow]
Page 5 of7
1 DE '~
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
,,'\: F){ rN,
;;i"":<l . " , '. ':' 0"
By ~W. C0~
FRED W. COYLE, Chairman'
fby '.
~/11~
Jeffrey A. Klatzkow
County Attorney
ATTEST:
CITY OF MARCO ISLAND, FLORIDA
d~
~ / : ",~.;.:::
By' <'::",)J,,,,'..l.,.'
. / . _' i".,,-:::~~~:-:'~::t%~'~'~:_~'~!'::-~:j
R ert Popoff, Cha1rman;'~:/j:5.:~';"~,;,;,,::/<"J':'
~f 'I'" ' ,,. : .
Approved as to form and
legal sufficiency:
Cl-/)/u
City Attorney
Page 6 of7
IDE '1
HIDEA WAY BEACH DISTRICT
(SEAL)
By g~
Liz Bry Secret y
HIDEAWAY BEACH ASSOCIATION
By:
John
-' J(,~ I 0
(SEAL)
,.
09.CZM-00039/1 I
Page 7 of7
IDE
Sketch of Description
J.EaQm
POI - PClNT OF BEQNNlNC
POC - PaNT OF COlIlIENCEIIENT
PeE . 'IEIIlI1NUS
CXlNC. . CXlNCRElE
FND - FOUND
EL. . El.EVAlICIN
. - CENltRUNE
R/W - R1CHT-cF-WAY
_ HIGH WATER
.:~~&r.~
;' .~:~: ....~:. ...;:
OPEN ARIiA
.
. t ~
r-.....~ DENOlES SIllEr EASOI!NT_
'SCAlE: '" - <40'
Surveyor~s Notes
All hon1.onta1and vertical dimensions are in feet and decimalslhere<>f
2. The hereon Lcgai.Dcscription and Sketch of Description was prepared without to.1 hc:ndit of an abstract of tilk ani!!e
opinion; therefore it is subjCl;t to any eASements, e.l1l..-um brancos, reser;atiom, restricticnu, right-of-ways, llSe, llI1d
oth~ matters gftitl... thBt may be found by 0 complete abstract oflitle opinion.
3. The hereonl.eglll Description and Sketch of llcs.."Tiplicn are subject t.<l nny undergTCItITld or not visible impru\'t':l11c:nl.'1.
4. Underground improvements, if lI1lY, have not been lllC"dwd.
5. Portions of the propcny desa-ibed o~reon maybe subject to the juri!ldjction IU1U restriction:l of governmental agencies.
The propel agencit:S should be: W1llu.:tcd lor th" Iwlest inflJrmlllion pi iar to th~ use of !he properly.
6. The hereon 1eglll Description flI'1d Sketch ofDcs;:riplion does nnr relleX" 'lr determi.ne ownership.
7. Not valid without the signature and the original ra13ed ~cal of a Florida licensed surveyor and map~T.
Legal DescriJ}tion
Public Restroom Easement
Being. portion of the Open Area lnlet,HIDEAWAY BEA('1i, .BEING A SUBDIVLSION OF GOVERNMENT LOT 5 OF SECl'ION 6
I~NJ) GOVF..RNMFiNT LOTS 3, 4, AND 5 OF Snr.nON 7, ALL l. 'l'"TI'lG ANn I3I:ilNO IN TOWNSHIP 52 SOUTH, RANGE 26F.AST,
COLLIER COUNTy, FLORIDA. accoroillll to the plat thereof Rcord.:d in Plat Book 6. Palles 80 thro..lllgh 85 in the Official Records of
Collier County, Florida and which is more particullll'ly described os follow~:
CODlmencilll at a rwl and disk (slampcd "RLS 2(M)6") ha"iJ3B. grid coO/'clinatc \'a!uc of North (y) 59CJ181.90 and Eu: (x) 410340.43
that is nlarking !he centerline inIensaction ofWatersid<} !)rive (8 privat.l roadway havir1l! 8 40-fo..,L wide right-of-way) and ('..oea Plum
u.nc (a private rt'lldway having a 4O-IooI wide righl-of.ws)'), according Lo ~ a\xr.'e referenced plat; lhenco North F9" 22' 32' West
516.94 feet tl.1 the: Polntof BeglnnhJhaving a grid coordinate value of North (y) 590187.53 and East (x) 409823,52; thence
Soorh ~7" fI2' 36' West 15.00 feet to a painl hAving a grid coordinate value of Norlh (y) 590lllli 7(0 And &stell) 409808.54; thenco
North 02' 57' 24' West 20.00 feet to a point having a grid coordinate. value ufNorth ()') 591);)00.73 and East (y) 409807.51; thence
NlUth 870 02' 36' East 15.00 fcct to a point having a slid coonlinate value of North (y) ~90~tI7.50 and East (x) 409822.49; thence
Sooth 07 57 ::!4" Fat 20.00 feet to the Point orBqlnn1n~,
Il<larings and grid coordinates mentioned in this Ugal Description arc bos.:d upon the Florida Stale Plane Coordinate System, NAJ.> X3
(21.107) (North Amen"" DBtum, 19!3, Adjustment of2OO7). :Florida liast Zone.
The Nalional Geodetic Il'urvey (NGS) Tu:lal Benchmark '"X12 4991 D TIDAL" wes ultlized to esmblish the grid coordinate values.
Prepar.,J by:
Am~rican Ilngineering CORlUltant$ of Mal\.'O Island, fnc.
C<rtilicatc of Authorization Numbc:r: LB 117419
SHEET 1 OF 1
LEQAL DE8CAIPTJON AM) SKETCH OF DE8CfFT1ON
Pl.8UC Rl!!8TROOM EA8EIoENT
8ECTION 7. ~.. ~.w. I81A8T
AMERICAN ENCIt&RING CONSI.L T ANT8
lI'_--,_
CERnFlCAn:: a- AUTHORIZATION: 128~, LSI7+111
573 IIALD EAGLE DIl. _ Ia.NID, I'l. 341411 (2JI) _107 CrAll) 3ll4--7571
SCALE : DAn:: : JOB NU
NOTED 7-20-20011
Ip R ELI M I N A R Y t
T. Alan Neal. PLS
Professional Land Surveyor
Slllle oO'lorida Reg. Number 46~6
Exhibit "A"
tOE
~
Property J.D. 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
(Space above this line for recording data)
INTERLOCAL AGREEMENT EXHIBIT - B.
PUBLIC PEDESTRIAN ACCESS EASEMENT
THIS PUBLIC PEDESTRIAN ACCESS EASEMENT ("Easement") is made this
day of tno.rc\\ ;}3, 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 ofthe public, subject to the following conditions and limitations:
1. District shall improve the Easement Area for public pedestrian access purposes to and
from the Public beach area at Hideaway Beach to and from a public restroom to be
constructed, operated, maintained and repaired by District, and District shall 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#sich 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 shall 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 Collier County's Tigertail Park is open to the public. District shall have the right to
loE
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 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.
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 oflaw 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,
IDE
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
~~;-~
~~
Witness: P Mm/9'O
By:
8.;/-&-10
STATE OF FLORIDA )
)ss:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me thisa2f:... day of ~ ,
2010, by John Barto, Jr., as President of Hideaway Beach Association, lnc, a Florida non-profit
corporation, on behalf of said corporation, who is personally known to me or has produced
asidenti~
-~~
NO ARY PUB~(t> MARYE.FEHR
Name: . . #00849003
(T ~..;ft~~IRES: April 22, 2013
Of p.~ . ~ nuu Budget NoI8ry Sen1ceI
My Commission ExpIres:
lOE
ATTEST:
DWIGHT.B:.~~J(, Clerk
...~," ~ ..' .., . It. . . . '. ,""',,_,
.r~:.: . \".,~f:..'l ". '-~'>f
ACCEPTED BY GRANTEE:
BOARD OF COUNTY COMMISSIONERS,
COLLIE~'FLO~
By: W.
FRED W. COYLE, Chairman
Approved as to form and
legal sufficiency:
W',
~Yv1~
"
Jeffry A. Klatkow,
County Attorney
ATTEST:
ACCEPTED BY GRANTEE:
~~
CITY OF MARCO ISLAND, FLORIDA
By: /JJJ /
:C;~ POPOFF, Chairman
Approved as to form and
legal sufficiency:
(lj ;lu
City Attorney
(SEAL)
ACCEPTED BY GRANTEE:
HIDEA WAY BEACH DISTRICT
By ~l~ ~~
LIZ B AN, S cretary
IDE
583888 v _09
IDE
t' ,/
~ ,/."
PCINT or .,'
Sketch of Description
..---~
l.EGlEIiIl
~ClI - ~CCNT or BEGlNNlNC
~oc - I'OINT or CClIllMENCEMENT
PeE - 1ERIIlNUS
CONe. - CONCRElE
fill - FOUND
EL. - ELEVA noN
II. - CENlEIlLINE
R/W - RlCHT-oF-WAY
II
. t .
~~....,
, '" - 40'
CQIOlD SJIIof:CT ~T_
Surveyor's Notes
1. All horizomal and vutieal dimensions are in feet and decimals thereof.
2. The hereon Legal Description and :sketch of DescnptlOJl was prepared wlthout the benefit of an abstrgct ollitle or title
opinion, therefore it is subj.:<."t la all)' easements. ..:ncumbranccs, reservations, reSlI"ielioflS, righl-OC-ways, u.~c, and
oth~r mat1e11l ol'title that.may be fDlllld by B ccrnplete ahstroct oftilIe opinion.
3. The hcrccnLcgal Descriptkn 3I1d Sketch of Description arc subject to any undaground or not visible improvements.
4. L'ndersraund improvements, jf any, have not be.en located.
5. Portions oftlte propert)' described hereon mayb.: suhject to the jurisdiction and re.ql!ictions or gcvemmcrnal agencies.
The prop;;r agenciei shOllld he contllCled Cor 1h.: Mcsl information prior to lhe use of \he propen)..
6. The hcrconLcgal Dcscripl:icn and Sketch of Description docs not reflect or dctcnninc cWl1crship.
7. Not valid withoui the signature lUld the original raised seal ofllFlorida licensed !IU1Veyor llnd mapper.
Legal Description
Public Pedestrian Access Easement
Being a portion oCthc Open Area tm:t, RIDEA WAY BEACH, BEING A SUBDIVISION OF om, 'ER"'1.~1 LOT 5 OF SECTION 6
'''''D UOVERNME.:.'l1' LOTS 3, 4. AND 5 OF SECTION 7. ALL LYING AND BEING IN TO\\iNSJUP 52 SOUTH, RANGE 26 EAST,
COll.IE~ mUNTY, }'r.ORID.<\, aa:ording to the plat thaeoC recorded in Plat Book 6, Pages 80 throuSh ~5 in the Official Records of
Co1li~r County, Florida o.n.d which is 8Il easemmt for public p.edestrian lICces purpos>e$ that is 10 feel wide wlying 5 feel on each side
or the r "lImvinil descrihed hne:
Commencing al snail tmd disk (Sl8Illped "'RLS 2006j havillllll.grid coordinate VIIJU': oCNonh (y) 590181 91) and East ex) 410340.43
thai is markmg the ,~nterl~ intersoc:lion orW8lcrsid~ Dnve (8 private roadwa)' having a 4O-fOOl 1\'1<11' nlthl-of-w,.y) and Coco Plum
Lane (a privale roadW1ly having 8 4O-foot wide riglt-of-way). according lathe above referenced pIaL; thcnC1: North 88' 13' IS" West
512.68 iM to the Point of Bepmlug havtna agrid coordinate VAlue of North (y) 59019UI and liast (x) 409828.00; thence
North n2" 57' 24" Wesl4Q.OO fcol to a point hlJving a grid eoordinate value of North (y) 590237.75 amlliast (x) 4lJm5.94; thence
S<Juth S6^ 41' 19' West 79.51 f<<tto a point having agridcoordinalc value oINorth (y) 590233.161I1d East (y) 409746.56; thence
North g:J< 09' 44' Welrt 611.81 fectto a point having a grid CQordina~ value of North (y) 590240.40 and fiast (:<) 4tl96R6. I 9; thence
Nonh .~5.' or 0(;" West 68 fl:e~ more or less to the Point of Terminus which is the interseclion llrlhe mer," high wilier line fOT Clam
Pll....q
The sides of said 1 ,,..footcasement to be extcrxled cr shortr.ned to meet at angle points and to lellllll1ale at s.1Id mean high water line.
~o:rings and grid eoordiMl~ mentioned in /his L"Sll1 Description ore based upon the Florida Slnte Plane ('oordinate S)'Slem, NAD 83
(200?) (l\Ortll American T>alum. 1983, Adjlllltment of 2(07) Florid:. East ?..oll<!,
Th\1 Natiomd ncud':lic Survey (NGS) Tidal Benchmark -~72 49911) TTTJAT." waR utilized to cslilhlish th.: grid coordiTVll.: valu.:s.
Prepar~d by.
American Enginfcring Consultants cf Marco Island, Inc.
Ccrtificat~ or AUlhoriza1ion Number: LB #7419
IP R ELI M I N A R Y t
SHEET 1 OF 1
LEGAL DESCRIPTION AN) SKETCH OF DE8CRIPTlON
PlaIC P!DESTRlAN ACCESS EASEMENT
8!CT1ON 7. TOWN8tF II RANGE . eAST
AMERICAN ENCHEERlNG CONSULTANTS
0fI1IAIlllO __ IlQ.
CERl1FICAlE OF AUlHORlZA11ON: '2~, I.Bf 7~,g
57~. BH.D EAGlZ llIt. IIARQ) 1lIUND, ft.. :J41405 em) 34-1117 (FAll) 3114-7571
SCALE : 0" .JOB NUll
N01ED
T. Alan NcnJ. PiS
Prorcssionall.and Sun'evor
Stal( ofFJllrido R.:g. N~lbcr 465G
Exhibit "A"
IDE 1
Property 1.0. 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
(Space above this line for recording data)
INTERLOCAL AGREEMENT - EXHIBIT C.
PUBLIC RESTROOM EASEMENT
THIS PUBLIC RESTROOM EASEMENT ("Easement") is made this ;;; 3 ~,( day of
}l\n 'r- c: h. , 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:
1. 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 cooperate 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
IDE
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 shall 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 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 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.
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 shall 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
IDE
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:
Hideaway Beach Association, Inc.,
a Florida no p ofit orpo ation
By:
STATE OF FLORIDA )
)ss:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this ~ day of F"~ ,
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
asidentif~ _~~
NO Y PUB~
Name:
(Type ot:1'Ui'f\t) MARYE,FEHR
My Commission Exp' . MYCOMMISSION,#D0849003
~ ~ 'I 13
...~ 0, fII ii BlInded TIvu Blidget Notary Services
3
583887 v_13
ATTEST:
DWIGHT E. BROCK, Clerk
'. . ~
(.
W'.
~m~
Jeffry A. Klatkow, /
County Attorney
ATTEST:
?~
Laura n y er
Approved as to form and
IZf-~[ ;Iv
City Attorney
583887 v_13
IDE
ACCEPTED BY GRANTEE:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
'-1uJ-w. ( ~
FRED W. COYLE, Ch~n
ACCEPTED BY GRANTEE:
CITY OF MARCO ISLAND, FLORIDA
BY~
R T P POFF, Chalrman
'.' ',,"".<':"i,t{t77~
- .~ ~
"\\:: :-
...."",
"''''-
4
(SEAL)
583887 v_13
ACCEPTED BY GRANTEE:
HIDEAWAY BEACH DISTRICT
By ~\~~
LIZ A, S cretary
IDE
5
IDE
Sketch of Description
WE!IQ
POI - PClNT OF BEQNNlNa
pac - I'OINT OF CCIoIlIENCEIIENT
f'OE - 'IERMNIS
CClNC. - CClNCRE:lE
FND - FOUNl
EI.. - El.EV"lICN
. - aNTERUNE
R/W - RIOHT-CF-W"Y
_ HIGH W"lER
I.~:~~=I
:~ "!". "7~iii " . .:
: ~,:.o'-...~:~o"
OPEN AIl&A
.
. t ~
r-\..""".....-, DENOlD Sl.lUCT WOI9lT _
'~ '" - 40'
Surveyor's Notes
All hori7.nn1ll1 and verti~1 dimensions jIT~ in feet Hnd decimals th~reor
2. The hereon Legal Description and Sketch of Description was prepared with(\\]t th~ benefit of an abstract of title Of title
opinion; therefore it is subject to any easements, ellcumbrances, reservations, resn-ictiol1s. right-of.ways, tlSe, arul
oth~ matters aftitle IMt may be found by a compltltA: abstract of title opinion.
3. The herf.'.Olll.egRI De!lcription end Sk~lch of Des.::ription Rre subject III nny undergToond or rIOt visible impltWl'lTll:nl~.
4. 1.indcrground improvements. jf any. have not been loca1cd.
5. Portion! of the property dc=ibed hacoo maybe subject 10 the juri!ldjction IlI1d re:stricti"n" of governmental agencies.
The proper agencies shaull! be o.:unlao.:lcd for the Iwl.:sL inffJrmalicn prior to th~ use of the properly.
6. The hereon .Legal Description Illld Sketch ofDcscriprian docs not refiolCt "r d~lermim ownm;hip.
7. Not valid without the sil!Tlature and the original rai~ed !csl of 8 Florida Iiccnsl'<l suryC)'or and mappolT.
Legal Description
Public Restroom Easement
Being a portion oithe Open.Area Inlet, HIDEAWAY BEAt.'H. BEING A SUBDIVISION OF GOVERNMENT LOT 5 OF SECl'ION (,
AND GO\'h"RNMFiNT LOTS 3, 4. AND 5 OF SOCTION 7, An!. 'lING ANn BEING IN TOWNSHIP 52 SOllTH. RANGE 26F.AST.
COLLIER COUNTy, FLORIDA. aa:cx:dilllllO the plat thereof recortkd in Plat Book G. Pallt:S 80 through S5 in the Official Record3 of
Cllllier County, Florida and which is m<ll'c parti"ullll'ly dcscribcc.11lS r(lllIlW~:
COJllmenc:ma at a nad and disk(slamped "RLS 2(.)6") haYing a grid coordinate \'aloe of North (y) 590181.90 and East (x) 410340.43
that is nlarl:ins 1he centerline intentection ofWatimride Drive (a privat4 roadway hH'iinl! a 40-f(XIL wid.: right-of.way) anu ('..000 Plwn
1lIne (a prh'ate L'Olldway havina a 4O-foot wide righl-of.way). according Lo tht above re(nencec! pInt; thtnc:o North F9" 22' 32' West
516.94 feet 1(1 the Point of Beainnils.ha\'ina 8 grid coordi1lllle value of North 0') 590187.53 Hnd East (x) 0109823.52; thence
Sooth ~7" [12' 36" West 15.00 feet to B point hAving a grid coordinate vwe of North I,y) 590lllfJ 76 And East(ll) 409808.54; thence
North 02' 57 24" West 20.00 rectto a point having a gridcoordinalC. value of North (r) 59(1:)00.73 3Ild East U..) <lO9801.5l; tMnce
!-;(uth 81. 02' 36" East 15.00 feet to a point bav~ a slid coorUinate value oCNor1h (y) ~902(17.5() and East (x) 409822.49; thence
Sooth OT 5724" Fat 20.00 Ceet to the Point ofBqlnnlnl!:.
Hearings and grid coordinatea mentioned in this ugal Description arc ~d upon the Florida SlHti\ Plane C'oordinllle System, NAllS3
(21.11)7) (North American Dalllm, 1983. Adjustment of ~OO1).1'1orida 1ia.~ Zone.
Th~ National Geodetic SUrvey (NGS) Tidal Benchmark"ll72 499111 TJl)l\L" was utlli7.ed to establish the grid coordinate values.
Pro:parcd by:
Am~rican Ilngineering Consultants of Man.'Olsland. fnc.
Ceni!icate of Authcriz:ation Number: LB i!7-l19
8IEET 1 OF 1
LEGAL DE8CAIPTJON AN) 8KETCH OF DESCFFTlON
PUBUC RESTROOM EASEIoENT
lIECTION 7, TOWNItF .. 8ClUnt, ~ Ie lAST
AMERICAN ENQtEEAJNG CONSULTANTS
llI'_--'_
CERllF1CATE CF AU11iORlZATlON: '2e44e, LB, 74'9
S7S BAUl EACLE OIl. MARCO 1lUHO. I'\.. 3414a (DIll 384-1117 (rAll) :l8+-7S71
SCAlE : OA TE : JOB NUll
NOTED 7-20-2009
Ip R ELI M I N A R Y'
T. Alan Neal. PI.S
Professional Land Surveyor
Stn Ie of rtoricla Reg. NUnl bIlr 4656
Exhibit "A"
(PLEASE PRINT CLEARLY)
,/ ,"\ ,;:::.-:-
.,' ./" ~
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,
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I
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I
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MEETING DATE (Circle Meeting Type) Regular Special Workshop Budget
AGENDA ITE M -L \.; ? . AGE. NDA ITEM TITLE r+ ( rV--( it LtA,~ J B (~ 11 .::r-'/lftUi ("t:- C( . (
'-p. 1/" I' C" a' "\
NAME 0'7 /\J (f ;/1/1,&,/(' I).' -" LJ fl ) ADDRESS, /
\.1 --? "-
Representing/Petitioner: j,. "") ./ . Other:
COLLIER COUNlY ORDINANCE NO. 2003-53, AS MENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVrnES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNlY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD