Backup Documents 10/27/2009 Item #16D 2
1602
MEMORANDUM
DATE:
January 6,2009
TO:
Cindy Erb, Sf. Property Acquisition Specialist
Real Estate Services
FROM:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
RE:
Access Easement Agreement with Caribbean
Venture of Naples, LLC extending an existing
easement over Collier County property
Attached is the original easement agreement, referenced above
(Item #16D2) approved by the Board of County Commissioners on
October 27, 2009.
After recording please forward the original back to the Minutes and
Record's Department so it may be kept with the Board's Official Records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment
1602
Ann P. Jennejohn
From:
Sent:
To:
Subject:
erb_c [CindyErb@colliergov.net]
Wednesday, January 06,20109:16 AM
Ann P. Jennejohn
RE: 16D2 10/27/09
Hi Ann and Happy New Years!
We will need the original back so that we can record it....1 thought I put a sticky note on the pink
slip... .maybe it was removed in transit? Anyway, you are right that Agreements aren't usually
recorded, however, in this case, it will be. The developer is paying for the recording, and I am waiting
to hear from Parks and Rec regarding action on the check that the developer gave us for the
purchase price of the easement and recording fees.
As soon as we receive the original recorded document, we will forward it to your office for safe
keeping.
If you have any questions, please advise. Thank you!!!
Cindy M. Erb
Cindy M. Erb, SRIWA
Senior Property Acquisition Specialist
Collier County Real Property Management
3301 Tamiami Trail East - Building W
Naples, FL 34112
Telephone Number: 239-252-8917
Fax Number: 239-252-8876
From: Ann p, Jennejohn [mailto:AnnJennejohn@collierclerk.comj
Sent: Wednesday, January 06, 2010 9:01 AM
To: erb_c
Subject: 16D2 10/27/09
Happy New Year Cindy!
I'm processing your "Access Easement Agreement" between the County and Caribbean Venture of Naples.
Can I return a copy to you, or do you need the original back?
Because those agreements generally aren't recorded, I thought I'd better ask........
If you could let me know when you get a minute, that would be great @
Thank you.
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sl~ D 2
TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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Minutes and Records
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or marl:: '"NI A" in the Not Applicable column. whichever is
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1.. Original document has been signedl"mitiaIed fer legal sUfficiency. (All documents to be
sjgned by the Chairman, with the exception af most Ie=. .= be reviewed ami signed
oy the Oflice at the County AI1omt:.y. This includes signature pages from ordinances.
resolutions. et<:. signed by the County Allorney's Office and signature pages from
contracts. agreements, et<:. that bave been fully =uted by all parties except the BCC
Chairman ami CIeri: to the Baw ami I Stue Oflicials.)
All bandwritten.strm:-throagh and revisions have been initia.led by the County ~y.' s
Office ami all other arties t the Bee Cbaitman and the Ck:rJc to the Baard
The Chainpan's signature 1ine date has been entered as the date afBCC approval of the
document or the fina1 ne dated contr2ct date whichever i3 licable.
"Sign hece" tabs are placed on tile appropriate pages indicating where the Chairman's
si ami initiaI:s are
In most cases (some contracts are an exception), the original document ami this routing slip
should be provided to Sue Filson in the BCC office within 24 houn afBCe approval.
Some documents are time sensitive ami reqn:ire 'forwarding to Tallahassee within a certain
time frame or the BCC's actio"" are nu.llificd. Be aware of our deadlines!
The docmnent was approved by the Bee on..l.!<.I.l.lI1',' 'J (enter date) and all changes
made during the meeting have been incorporatJ!d ill. the attached docnment. The
eonn Attnrn '. Office bas ""viewed the e!, if a Hcable.
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Caribbean Venture of Naples, LLC
Access Fasement Extension
16D2
ACCESS EASEMENT AGREEMENT
pb
THIS ACCESS EASEMENT AGREEMENT is made this ,).1 day of
""-J (f ~./ 2009, by and between COLLIER COUNTY, a political subdivision of
the StateifFiorida, 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").
WIT N E SSE T H:
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 Y. of North Y. 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 "An (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
1
1602
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 Roadwav. 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. Desion of Roadwav. 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 Roadwav. 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 Roadwav. 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.
2
16D2
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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I,
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~t ~C~A1(
", ,'Dep Clerk
II~,-~
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WITNES$ES:
/
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BY:
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DONNA FIALA, Chairman
/"4A.l/ If (1/(' [ '7;:> l /
;' ..
CARIBBEAN VENTURES OF NAPLES, LLC
a Florida limited liability company
BY: LUXURY HOMES INVESTMENTS, LLC
(Printed Name)
a Florida limited liability company, its Managing
Member
By:ii!{)~t/J~:~/]J
THOMAS H. OUVERSON, as Managing Member
r\ ~ '
~L\"T'v....l...;, ~mpLC
(Signature) _'
)):, ~',\-rL~I~ L It+re/~j
(Printed Name)
3
16D2
STATE OF FLORIDA
COUNTY OF COLLIER
,
The foregping instrument was acknowledge before me, this ~ day of
A ?I(ti 'j I ,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:
('/ personally known to me
OR
( ) has produced
identification.
as evidence of
(affix notarial seal)
G) DEIlOIWt"WTTIBJ.
i ' MY COMMISSKJH, 00_
: EXPIRES:_3,2012/
-11wu~NIIc_
Q!'"',,~ ~dluL
( ignature of Notary P IC
'ueJ-YJp1 h ~ - L( {tf-rt> j I
(Print name of Notary ublic) .
NOTARY PUBLIC
Serial/Commission # : if any
My Commission Expires:
Approved as to form and
legal sufficiency:
.t.t oil A 00
eldl Ashton-Clcko
Assistant County Attorney
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