Agenda 10/27/2009 Item #16D 2Agenda Item No. 16D2
October 27, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve an Access Easement Agreement with Caribbean
Venture of Naples, LLC to extend an existing easement over county property to
construct a dual purpose public access road for a total revenue of $1,480.00.
OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of
the attached Access Easement Agreement (Agreement) between the Board of County
Commissioners (Board) and Caribbean Venture of Naples, LLC (CVN).
CONSIDERATIONS: On May 23, 2006, Agenda Item 16 B 13, the Board approved a Right —of-
Way Easement Agreement (Easement) to provide an easement to construct a dual - purpose
public access road over county property from Golden Gate Parkway to the proposed County
park and CVN property. The Easement was recorded on August 29, 2006, in Official Records
Book 4097, Page 661 of the Public Records of Collier County, Florida.
CVN has requested an extension of the existing Easement for the purpose of constructing a
dual - purpose public access to their property.
CVN will construct and maintain the proposed roadway at no cost to the County.
Real Property Management staff appraiser has valued the land of the extension access
easement at $1,480.00.
If the proposed roadway is not substantially completed within six (6) years of the date of the
recordation of this Agreement, both the Easement and this Agreement shall automatically
terminate and be of no further force or effect.
FISCAL IMPACT: All associated costs with this transaction will be paid by CVN. The
$1,480.00 received from CVN will be deposited into Park and Recreation Capital Fund 306.
GROWTH MANAGEMENT IMPACT: This transaction is consistent with the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed access easement agreement is an extension of
the access easement agreement approved by the Board on May 23, 2006, Item 16813. The
proposed access easement agreement has been reviewed and approved for legal sufficiency.- -
HFAC
RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners:
1) Approves the attached Agreement; 2) Authorizes the Chairman to execute the Agreement
and any and all other County Attorney's Office approved documents related to this transaction;
3) Directs the County Manager or his designee to proceed to record the Agreement and any
and all necessary closing documents and to take all reasonable steps necessary to ensure
performance under the Agreement; 4) Direct the County Manager or his designee to accept
the sum of $1,480.00 and to proceed to deposit in the appropriate fund.
PREPARED BY: Cindy Erb, SR/WA, Senior Property Acquisition Specialist, Real Property
Management, Department of Facilities Management
I
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Agenda Item No. 16D2
October 27, 2009
Page 2 of 7
file: / /C: \AgendaTest \Export\137 - October 27, 2009 \16. CONSENT AGENDA \16D. PUBLL.. 10/21/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D2
Item Summary:
Recommendation to approve an Access Easement Agreement with Caribbean Venture of
Naples, LLC extending an existing easement over county property to construct a dual
purpose public access road extending from an existing easement to the proposed county
park and private development for a total revenue of $1,480.00.
Meeting Date:
10/27/2009 9 :00:00 AM
Prepared By
Cindy M. Erb
Senior Property Acquisition Specialist
Date
Administrative Services
Facilities Management
9124/2009 12:41:54 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
9/25/2009 1:20 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
912912009 9:26 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
9130/2009 2:41 PM
Approved By
Maria Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/1/2009 4:15 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
1012/2009 11:17 AM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
101912009 11:49 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/14/2009 9:39 AM
Approved By
° Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/14/2009 11:46 AM
file: / /C: \AgendaTest \Export\137 - October 27, 2009 \16. CONSENT AGENDA \16D. PUBLL.. 10/21/2009
Caribbean Venture of Naples, LLC
Access Easement Extension
ACCESS EASEMENT AGREEMENT
Agenda Item No. 161D2
October 27, 2009
Page 3 of 7
THIS ACCESS EASEMENT AGREEMENT is made this day of
_ 2009, by and between COLLIER COUNTY, a political subdivision of
the State f Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112, its successors and assigns, (hereinafter "County "), and CARIBBEAN VENTURE OF
NAPLES, LLC, a Florida limited liability company, whose mailing address is 5801 Pelican
Bay Boulevard, Suite 300, Naples, Florida 34108 -2709 (hereinafter "CVN ").
WITNESSETH:
WHEREAS, County owns that certain real property located in Collier County, Florida
and described as:
All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying
south of Golden Gate Parkway, according to the plat thereof recorded in Plat
Book 2, Page 2, in the Public Records of Collier County, (hereinafter "County
Property ");
WHEREAS, CVN owns that certain adjacent real property in Collier County, Florida
and described as:
The North % of North Y2 of Section 35, Township 49 South, Range 25 East,
being at the Northwest corner of the Section and run East 1398.25 feet;
thence South 64 degrees West 1555.06 feet; thence North 664.01 feet to the
place of beginning (hereinafter "CVN Property");
WHEREAS, County had previously granted a perpetual non -exclusive easement for
the construction, operation and maintenance of roadway, drainage, sidewalk, bike path, an
8 -foot chain link fence and utility facilities over, across and upon the eastern portion of the
County Property which is recorded in Official Records Book 4097 Page 661 in the Public
Records of Collier County, Florida (hereafter "ROW Easement ");
WHEREAS, CVN requests an extension of the ROW Easement for the construction,
operation and maintenance of roadway, drainage, sidewalk, bike paths, 8 -foot chain link
fencing, and utility facilities over, across and within Exhibit "A" (hereinafter "Easement
Area ");
WHEREAS, the parties contemplate that reconfiguration or revocation of this
easement may be desired to facilitate County's or CVN's final plans; and
Agenda Item No. 161D2
October 27, 2009
Page 4 of 7
WHEREAS, County wishes to grant said easement subject to the terms and
conditions contained hereinbelow.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable considerations, the receipt and sufficiency of which is hereby
acknowledged by each party, it is hereby agreed between the parties.
1. Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
2. Easement. County does hereby grant to CVN, a perpetual, non - exclusive
easement for the construction, operation and maintenance of roadway, drainage,
sidewalk, bike paths, 8 -foot chain link fencing, and utility facilities over, across and
within Easement Area.
3. Use of Roadway. Under no conditions shall CVN construct, install, operate or
maintain any structure, gate, device or improvement that controls, limits, or deters
public access in any way on any portion of the Easement Area, except that a chain link
fence, up to eight (8) feet in height, is expressly allowed along the eastern boundary of
the Easement Area. Underground utilities may be permitted within the Easement Area.
4. Design of Roadway. All plans for the construction of the roadway and associated
improvements shall be presented to the County Manager, or his designee, prior to
CVN's submittal for development approval for his review and approval, which approval
will not be unreasonably withheld. The parties acknowledge and agree that this
approval of the roadway design is a condition of granting of this easement and shall not
be construed as part of the County's required development review or a waiver of any
provision of the Collier County Land Development Code.
5. Construction of Roadway. The construction shall be at the sole cost and expense
of CVN and shall comply with all federal, state and local laws, ordinances, statutes,
rules and regulations.
6. Maintenance of Roadway. CVN shall have the sole responsibility to maintain and
repair in a proper, substantial, and workmanlike manner, the roadway and all
associated improvements, unless or until the roadway is formally accepted by the
County for purposes of maintenance, which responsibility may be assigned.
7. Reservation. County reserves the right to use the Easement Area and all
completed improvements for public access and in any manner that does not materially
interfere with the rights granted herein to CVN.
8. Indemnification. CVN shall indemnify, defend, save and hold harmless County
from and against any suits, demands, claims, liability, losses, penalties, damages,
judgments, orders decrees, and costs and expenses (including attorneys fees and all
costs of litigation) for property damage, liability, bodily injury or death which may result
from or arise out of any willful misconduct or negligent act, error, or omission of CVN, its
employees, officers, agents or invitees, which occurs or is alleged to have occurred,
with respect to the design and construction of the roadway improvements.
Agenda Item No. 16D2
October 27, 2009
Page 5 of 7
9. Termination. In the event the entire roadway corridor created by this Easement and
the ROW Easement (collectively referred to as "Roadway Easements ") is not
substantially completed within six (6) years of the recordation of this Easement, said
Roadway Easements shall automatically terminate and be of no further force or effect.
In this event, County may record a Notice of Termination. This paragraph is intended to
extend the period to construct the roadway under Paragraph 9 of the ROW Easement.
10. Benefit/Burden. The easement and the rights and obligations created hereby shall
run with the land, shall be a benefit to the CVN Property and a burden to the Easement
Area, and shall inure to the benefit and burden of the CVN and County, and their
respective successors and/or assigns.
11. Location of Easement not determinative as Access. The parties both acknowledge
and agree that CVN has requested the location of the easement without the County
having formally approved the location or character of any future access to and from
Golden Gate Parkway. Nothing contained herein shall be construed as consent or
approval to the location of an access connection to Golden Gate Parkway.
IN WITNESS WHEREOF, the County and CVN have respectively caused these
presents to be executed the date and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
WITNESSES:
711—el-
(Sig da ture)
(Printed Name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AN
DONNA FIALA, Chairman
CARIBBEAN VENTURES OF NAPLES, LLC
a Florida limited liability company
BY: LUXURY HOMES INVESTMENTS, LLC
a Florida limited liability company, its Managing
Member
r
BY: 45
(Signature) THOMAS H. OUVERSON, as Managing Member
(Printed Name)
Agenda Item No. 16D2
October 27, 2009
Page 6 of 7
STATE OF FLORIDA
COUNTY OF COLLIER
The foregging instrument was acknowledge before me, this day of
t'-�a S , 2009, by Thomas H. Ouverson, as Managing Member, on behalf of
Luxury Homes Investments, LLC, a Florida limited liability company, as Managing Member
of Caribbean Venture of Naples, LLC, a Florida limited liability company, who is:
('personalty known to me
OR
( ) has produced
identification.
(affix notarial seal)
DSKWM w urrnIO
ma Mr GOWSSION a no IMUM
[, EXPIRES: Novw ba 3, 2012/
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Approved as to form and
legal sufficiency:
�L d, A Ch)
i Ashton -Cicko
Assistant County Attorney
as evidence of
i
ILL
:. _t.
. Notary
(Print name-of Notary Public)
NOTARY PUBLIC
Serial/Commission #: if any
My Commission Expires:_
Aaenda Item No. 16
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