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Agenda 07/22/2008 Item #16B 1Agenda Item No. 16B1 July 22, 2008 Page 1 of 24 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign Temporary Driveway Access Agreements allowing homeowners to continue using their existing unpermitted access to Green Boulevard. OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the Chairman to sign Temporary Driveway Access Agreements allowing homeowners to continue using their existing unpermitted access to Green Boulevard as per direction provided at the March 25, 2008, BCC meeting. CONSIDERATIONS: Currently, residents have primary access off of 151h Avenue SW and some also have unpermitted secondary access points on Green Boulevard. None of the access points on Green Boulevard are consistent with the Land Development Code (LDC) from 1982 which requires access to be achieved from local streets not a County collector road when a property has frontage to both facilities. In this case, the local street is 15`s Avenue SW, not Green Boulevard. While not permitted, the existing driveways off of Green Boulevard do not currently pose a problem because it is a rural cross section and the secondary access points do not significantly affect the current level of service. Green Boulevard is identified on the Long Range Transportation Plan to be improved and extended. The design will most likely be a four lane urban cross section. At the March 25, 2008, BCC meeting, staff was requested to prepare Temporary Access Agreements for the ten (10) residents with unpermitted secondary access points. All ten (10) agreements have been signed and are submitted for execution. The attached agreements allow for property owners with unperrnitted access to Green Boulevard to continue using their access with the following stipulations: 1. The Temporary Driveway Access Agreement is an at -will agreement, terminable on 90 days written notice to the owner by the County. 2. Within 90 days of notice from the County, the second driveway off Green Boulevard shall be eliminated and sole access will be off of 15s' Avenue SW consistent with the Land Development Code. 3. Failure on the owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Division for penalties and compliance. 4. The Agreement will be recorded in the Public Records at the owner's expense. LEGAL CONSIDERATIONS: The County Attorney worked with staff to develop these Agreements, which are legally sufficient for Board action. -JAK" FISCAL IMPACT: The property owners will pay recording costs. Agenda Item No. 1661 July 22, 2008 Page 2 of 24 GROWTH MANAGEMENT IMPACT: The future removal of secondary access points is consistent with GMP Transportation Element which requires that we maintain the adopted level of service. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign the Temporary Driveway Agreements allowing homeowners to continue using their existing unpermitted second driveway to Green Boulevard until such time outlined in the Agreement. Prepared By: Nick Casalanguida, Director, Transportation Planning Attachment: 10 signed agreements Page I of 2 Agenda Item No. 16131 July 22, 2008 Page 3 of 24 file://C: \AgendaTest\ Export\1 t I -July% 2022,% 202008 \16 %2000NSENT %20AGENDA \I... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1681 Item Summary: Request the Board of County Commissioners approves and authorizes the Chairman to sign a Temporary Driveway Access Agreement allowing homeowners to continue using their existing unpermitted access to Green Boulevard. Meeting Date: 7/2212008 9:00:00 AM Prepared By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 6/912008 10:28:53 AM Approved By Lisa Koehler Principal Planner Date Transportation Planning / MPO 6/9/2008 4:59 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 6110/2008 11:44 AM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 6/10/2008 2:20 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 6/11/2008 10:27 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 6/13/2008 10:15 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 6124/2008 10:09 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 612512008 1:27 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6/26/2008 11:08 AM file://C: \AgendaTest\ Export\1 t I -July% 2022,% 202008 \16 %2000NSENT %20AGENDA \I... 7/15/2008 Page 2 of 2 Agenda Item No. 1661 July 22, 2008 Page 4 of 24 Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 716(2008 12:53 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 71812008 3:46 PM Commissioners file: / /C: \AgendaTest \Export\ l l 1 -July %2022 %202008\ 16. %2000NSENT %20AGENDA\ 1... 7/15/2008 Agenda Item No. 16B1 July 22, 2008 Page 5 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this _ day of 20_, to Randy and Lome Johns (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4240 15th Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15"' Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15"' Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5/01108 Page 1 of 2 Agenda Item No. 16131 July 22, 2008 Page 6 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): Name (Print or Type Signature \ STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 0 TOM HENNING, CHAIRMAN Name (P 'nt or Type Si The foregoing instrument was acknowledged before me this 1�w day of �—k u 2008, by and i_,f; e Q Jo biNS who az personally known to me or have produced as identification. ' G'V-\`VN. C L Notary Public Print Name: Quutqi F. tm ,. , My Commission Expires: to . �'i - 'L.:t�� Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Last Revised: 5101/08 Page 2of2 �„� Connie Jo Dimond = o� , Commi��lon 110Dso9159 0.�� xpin• October 27 2010 T NN'FWMa Agenda Item No. 1661 July 22, 2008 Page 7 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this day of , 20_, to _ Robert W. McCarthy, Jr. (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4320 15`h Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`h Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5/01108 Page 1 of 2 Agenda Item No. 16B1 July 22, 2008 Page 8 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN As to OWNER(S): ter T;: Name (Print or Type) Signature STATE OF FLORIDA COUNTY OF COLLIER ThG foregoing instrument was L 2008, by who are as identification. Shelby C. Peterson 00MMISSION *DD765058 V. rXPIRrSNAR.04,2012 � ?in .�`� WWW.AARONNOrARt = n Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Name (Print or Type) Signature acknowledged before me this % rl' day of OWNER(S), Ke7:4 Lc and personally known to me or have produced Notary Public 1 Print Name- I,'/;f My Commission Expires: iL! or -1, Z 4; Z Last Revised: 5/01108 Page 2 of 2 Agenda Item No. 16131 July 22, 2008 Page 9 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this _ day of ,20 _' to Elaine Miller (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4510 15`h Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and f WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`h Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement . Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5/01108 Page 1 of 2 Agenda Item No. 16131 July 22, 2008 Page 10 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK. Clerk As to OWNER(S): X Name (Print or Type) � Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was 2008, by who are s tdentificaudrl BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN w Name (Print or Type) Signature acknowledged before me this ��T day of OWNER(S),Qi ,P— and personally known to me or ave produced) son"No MO Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Print Name: Cy My Commission Last Revised: 5101/08 Page 2 of 2 ee-� ,Ter �Dl0 Agenda Item No. 16131 July 22, 2008 Page 11 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this _ day of 20_, to Lisa M. Oliver (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4150 15th Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and t WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`h Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5/01/08 Page 1 of 2 Agenda Item No. 16B1 July 22, 2008 Page 12 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): u5n tiA I v ek Nam (Print or Typ ignature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was 2008, by who are �`o L as identification. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Last Revised: 5/01/08 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN Name (Print or Type) Signature acknowledged before me this day of OWNER(S), L S a V- C I v and personally known to me or have produced No Public _ Print Name: IL;,'-, My Commission Expires: u;- ? 2 0 `t Page 2 of 2 STEVQ EM N p DD 442500 ne 20, 2009 Pupyc UP>em'rAers Agenda Item No. 16131 July 22, 2008 Page 13 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this _ day of ' 20__, to Francisco and Barbara Segura (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4632 15`s Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`" Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`h Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5101/08 Page 1 of 2 Agenda Item No. 16B1 July 22, 2008 Page 14 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): �larucs(0 Se4,1r4 Name (Print or Type) Signature Sta ure STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was 2008, by KC cA who are as identification. CATERINA VEGA 7 P MY COMMISSION M DD565115 t EXPIRES. 1.070,1010 () b1I 3880153 �Oe NOII,' 9YNN.00T Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA IN TOM HENNING, CHAIRMAN 4 Nap€(Print or Ta, /ignature acknowledged before me this O% day of OWNER(S), < and personally known to me or `I ave produced r4 Notary P Print Name: V-Qc- Ci My Commission Expires: 0I0 Last Revised: 5/01/08 Page 2 of 2 Agenda Item No. 1661 July 22, 2008 Page 15 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this _ day of , 20_, to Jesus and Michelle Herrera (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4730 15`h Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`h Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5101108 Page 1 of 2 Agenda Item No. 16B1 July 22, 2008 Page 16 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): Je.s as Ne rrc ro�- Name (Print or Type) i I Ign`ature STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA In TOM HENNING, CHAIRMAN M I CJ7 C,1 (e. f 1 P�YY,1'2 Name (Print or Type) Signa e The foregoing instrument was acknowledged M6744 1 2008, by OWNER(S), who are personally as identification. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney before me this /-�-IA day of ! s / H rr m _ and known to me or have produced �%LL%2U /f ZpS tL Notary Pub Print Name: 6 fi%cnu A. L�Sc«a My Commission Expires: l ,a t o?o ( Last Revised: 5/01108 Page 2 of 2 NOTARY PUBLIC - STATE OF FLORIDA Bethany A. LeSure :Commission #DD631640 soMau �o Aires: JAN. 21, 2011 ArLwnC BONDING CO., INC. Agenda Item No. 1661 July 22, 2008 Page 17 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this day of 120 , to Dorothy and Robert W. Poulsen, Jr. (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4440 15`h Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`h Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5101/08 Page 1 of 2 Agenda Item No. 16131 July 22, 2008 Page 18 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): w.•r •,. •II �!1. u STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA I5A TOM HENNING, CHAIRMAN Name (Print or Type) Signature The foregoing instrument was acknowledged before me this �3 day of 1 2008, by OWNER(S), -Cb e xt UJ • ?OV 15e r) and yb-Asen who are personally known o me or have produced , as identification. •`",":'$�•,, MARIA JULIA IMODA e Notary Public . State of Florida . ; My Commission Expires Nov 6, 2010 a• Commission % DD 612542 ., Bonded TMOUOh National Nobler Assn. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Not u lr ` 6 Print N 1 t My Commission Expires: Last Revised: 5/01/08 Page 2 of 2 Agenda Item No. 16131 July 22, 2008 Page 19 of 24 — AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement") is made this day of , 20_, to Franklin and Haydee Condori (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4560 15`h Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: I. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15th Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5101108 Page 1 of 2 Agenda Item No. 16B1 July 22, 2008 Page 20 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): RANKUN (ONbop-(: STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA M TOM HENNING, CHAIRMAN 110-gL)EG Coti+pokI . Name (Print or T e) Signature The foregoing instrument was acknowledged before me this 214 day of j� 2008, by OWNER(S), 11f�KLIO CcNbORI and who are personally known to me' or have produced as identification. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Notary Public r Print Name: L� oLki)D My Commission Expires: PABLO M. TOLEDO MY COMI ISSIOMO SM9 EXPIRES: December 3, 2010 ��rtano'� BoeelelAw elAgN xoMyeervkes Last Rewsed: 5/01108 Page 2 of 2 Agenda Item No. 16131 July 22. 2008 Page 21 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this _ day of , 20_, to Eueene and Rose LoGuidice (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4370 15`h Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`x' Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5101/08 Page 1 of 2 Agenda Item No. 16131 July 22, 2008 Page 22 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): Gu L0 &&(-41 ee-- Name (Print or Type) Signature STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA M TOM HENNING, CHAIRMAN ���:�C L1^ i7'lulilC`r Name (Print or Type) Signature The foregoing instrument was acknowledged before me this 41 day of fir{ , 2008, by OWNER(S), i ., • r',ti e and who are personally known to me or have produced Ft,. -� t ac as identification. Notary Public " ' Print Name: �t�hr to �JI+.cOt� My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Last Revised: 5/01/08 Page 2 of 2 ��J` s- Notary Public State of Florida Shane Wallace � My Commission DD766713 Y Expires 03MV2o12 Agenda Item No. 16131 July 22, 2008 Page 23 of 24 AT -WILL TEMPORARY DRIVEWAY ACCESS AGREEMENT This Temporary Driveway Access Agreement ( "Agreement ") is made this day of , 20_, to _ Joseph & Carolyn Ioconelli (hereinafter referred to as Owner), by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Owner is the current fee owner of that certain real property located at 4680 15`h Ave. SW, Naples, Florida 34116; and WHEREAS, the property has primary access to 15`h Avenue SW, and a secondary access to Green Boulevard; and WHEREAS, Collier County Land Development Code (LDC) Section 4.03.08, Facility and Service Improvement Requirements, requires that access to lots within a subdivision should be solely by local streets; and 4 WHEREAS, Owner acknowledges that they are presently in violation of the Land Development Code by having a secondary access to Green Boulevard; and WHEREAS, given present traffic conditions, County has no present objection to the continued use of the second driveway to Green Boulevard, provided that Owner agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: The above recitals are true and correct and are incorporated herein. 2. This is an at -will agreement, terminable on 90 days written notice to the Owner by the County. 3. Within 90 days of notice from the County, Owner shall, at their sole cost and expense, close off the second driveway off Green Boulevard, and thereafter Owner's sole access to the property will be off of 15`h Avenue SW, as is consistent with the Land Development Code Section 4.03.08.A.2, as it may be amended. 4. Failure on the Owner's part to remove the driveway access off Green Boulevard by the time specified will result in the matter being referred to the Code Enforcement Department for penalties and compliance. Owner agrees to pay all of County's administrative and legal costs in enforcing this Agreement, including reasonable attorney's fees, as well as any costs incurred by the County in removing the driveway access points, in the event the Owner fails to remove the driveway access off Green Boulevard by the time specified. Last Revised: 5/01/08 Page 1 of 2 Agenda Item No. 1661 July 22, 2008 Page 24 of 24 5. This Temporary Driveway Access Agreement shall be recorded in the Public Records of Collier County, Florida, at the Owner's sole cost and expense. This Agreement is intended to bind the parties, together with their respective successors, assigns and heirs. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk As to OWNER(S): Name (Print or Type) ' Signature STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA C TOM HENNING, CHAIRMAN Name (Print or Type) Signature The foregoing instrument was acknowledged before me this day of 2008, by OWNER(S), and who are personally known to me or have produced as identification JOAN MCONELLI ;moo` "'��'•. Notary Pubk • StAt of Fbrift My Co m isom Er*" DK 10.2010 Commission r:? 0.! Bori0e0TlrugAMAkiai SNota7 Ann. ,r1,. Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney No Public P nt Name: / a� /o /r o My Commission Expires: Last Revised 5/01/08 Page 2 of 2