Agenda 12/10/2019 Item #16C 6 (Villas @Barefoot Beach HOA Agmt.)12/10/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute an Agreement between the
Villas at Barefoot Beach Homeowners Association, Inc., and Collier County for a maintenance
agreement for contiguous properties at Barefoot Beach Park North Access.
OBJECTIVE: For Collier County Parks and Recreation (County) to enter into an agreement with the
Villas at Barefoot Beach Homeowners Association, Inc. (Villas), whereby each party will undertake
certain responsibility and obligations as defined in an Agreement (Agreement) to maintain contiguous
conservation properties.
CONSIDERATIONS: The Villas property is contiguous to the County’s Barefoot Beach North Access
property. The two parties have historical partnerships with access and storm water management. The
County park is accessed by a single entry provided by an easement from the Villas. In addition, these two
parcels share a storm water management system and work together periodically to maintain the systems
functionality to alleviate flooding.
To continue these joint and cooperative efforts between the Villas and the County, the Villas solicited an
Agreement with the County for maintenance of the conservation area zoned within these two parcels.
Since the conservation area is owned by both parties and has a property line which divides ownership
longitudinally, there would be benefit in maintaining these two parcels on a synchronous basis.
Maintenance efforts within growth management plan policies and land development codes under this
Agreement would include trimming vegetation, exotic removal and replanting of native species.
Undertaking these efforts in sync would enhance the aesthetic view for the Villas and park visitors. In
addition, environmental impacts to the area from maintenance activities would be reduced if they occur in
sync. The Agreement specifies the terms and agreement on which both parties are willing to work
together to provide mutually beneficial support in their respective efforts to maintain the area on a
synchronous basis.
FISCAL IMPACT: There is no fiscal impact associated with this item. Consistent with past practices
and the terms of this agreement maintenance expenses will be at each party's own expense. County
funding for maintenance activities is provided within the Parks & Recreation Division's General Fund
supported operating budget.
LEGAL CONSIDERATIONS: The Agreement has been reviewed and approved for form and legality
and requires a majority vote for Board action. -CMG
GROWTH MANAGEMENT IMPACT: There is no impact to the current Growth Management Plan.
RECOMMENDATION: To approve and authorize the Chairman to execute an Agreement between the
Villas at Barefoot Beach Homeowners Association, Inc. and Collier County for a maintenance agreement
for contiguous properties at Barefoot Beach Park North Access.
Prepared By: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. Agreement - Signed (PDF)
16.C.6
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12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 10942
Item Summary: Recommendation to approve and authorize the Chairman to execute an
Agreement between the Villas at Barefoot Beach Homeowners Association, Inc., and Collier County for a
maintenance agreement for contiguous properties at Barefoot Beach Park North Access.
Meeting Date: 12/10/2019
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
11/20/2019 10:09 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
11/20/2019 10:09 AM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 11/20/2019 11:30 AM
Facilities Management Damon Grant Director - Facilities Completed 11/20/2019 12:42 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/20/2019 3:47 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 11/21/2019 1:10 PM
Public Services Department Joshua Hammond Additional Reviewer Skipped 11/22/2019 7:19 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/22/2019 8:34 AM
Public Services Department Steve Carnell Additional Reviewer Completed 11/22/2019 8:44 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/22/2019 9:07 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/22/2019 9:36 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/22/2019 9:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2019 10:31 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/22/2019 4:35 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/25/2019 9:31 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
16.C.6
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AGREEMENT BETWEEN
THE VILLAS AT BAREFOOT BEACH HOMEOWNERS ASSOCIATION, INC.
AND COLLIER COUNTY
FOR THE BAREFOOT BEACH NORTH ACCESS PARK PROPERTY
This Agreement is entered into this
-
day of
-.2019,
by and between The Villas at
Barefoot Beach Homeowners Association. Inc.. with full power and authority to protect, conserve.
and sell both the legal and beneficial interest in the real estate conveyed as set lbrth in Florida
Statute 689.07( I ). a Florida Not For Profit Corporation ("Villas"). 271 80 Bay Landing Drive. Suite
4, Bonita Springs, Florida 34135. and the Collier County Board of County Commissioners
("County"). a political subdivision of the Stale of Florida, whose post olfice address is 3299
Tamiami Trail East. Suite 300. Naples, FL 34112.
WHEREAS. the Collier County Board of County Commissioners and The Villas at
Barefoot Beach Homeowners Association. Inc. wish to establish an Agreemenl between the parties
to provide mutually beneficial support in their respective efforts for continuing maintenance ofthe
conservation area on both properties' parcels; and
WHEREAS, each Party is committed to maintaining its respective property in a manner
consislenl with past practices and consistent with the terms of this Agreement at each Party's own
expensel and
WHEREAS. the Board of County Commissioners finds that there is a public purpose for
the Parties to work together tbr the beneflt of the Barefoot Beach North Access Park Property.
which is a County beach park facility.
A. Location
L Collier County Prrks rnd RecreEtion Property
The Barefoot Beach Access Park property is the northem most beachfront properly in
Collier County, Florida. The propeny is contiguous to the Villas property on the south and
east.
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16.C.6.a
Packet Pg. 2098 Attachment: Agreement - Signed (10942 : The Barefoot Beach Agreement)
2. Property Locstion - Villas of Barefoot Beach Property Within the l)une Area
The Villas at Barefoot Beach Home Owners Association is the northem most beachfront
development in Collier County. Florida. lt abuts the County Park as shown in Exhibit *A".
The property includes part of the fore dune area on the south side of the park and part oi
the vegetated back dune areas on the east and north side of the park. The parcel is
approximately 8 acers and contains 50 single family residences.
B. Maintenence Provisions
The County and Villas will maintain their respective properties each Party to bear their
own cost for each activity. Maintenance activities will include but not be limited to:
l. The County and the Villas will each perform a wildlife survey to locate and mark any
existing gopher lortoise burrows, as required by Federal Law. prior to commencement
of any maintenance activities.
2. The County and the Villas will trim dune vegetation areas under the following
conditions:
a. Trimming no(h of the Villas residential structures will occur at a minimum of
(no shorter than) 6 feet in height. Florida Department of Environmental
Protection (FDEP) advised they accept the Villas traditional trimming heights
of42 inches wesl ofthe Villas residential structures on both County and Villas
property in the area it has been maintained historically. The area approved for
a 42-inch height is delineated in Exhibit "A".
b. The County and the Villas are only responsible and authorized to trim areas
within their respective property boundaries.
c. Trimming will occur outside of sea turtle season and will be trimmed
approximately twice per year and at least once per calendar year.
3. Any exotic removal activities will be scheduled outside ofthe sea turtle nesting season.
u 9.PRM-00494/1 4901 37/1 lG 16.C.6.a
Packet Pg. 2099 Attachment: Agreement - Signed (10942 : The Barefoot Beach Agreement)
5.
presently set from May I through October 31.
There is an existing f'oot path within the historically mainlained boundary at a 42-inch
height. The existing foot path, shown in Exhibit "A", is grandfathered and is allowed
as 3-foot width maximum, as a sand path. Any new paths through the dune vegetation
will rcquire an FDEP permit.
The acceptable method for treating invasive species is to cut offat the ground level.
treat with herbicide. then remove dead plants. FDEP recommends a minimum of 3 plant
species for diversity. FDEP recommends grasses included in the replanting plan to help
trap sand. Grasses can assist with flooding and surge by helping to 'rebuild' the dunes.
The County and the Villas will attempt to coordinate replanting so that the dune system
is more uniform and achieves the overall desired diversification. Each Party will
submit its proposed plan to the other for approval within 30 days from receipt.
Approval will not be unreasonably withheld. Acceptable replanting species
recommendations include. but are not limiled to:
r Prickly pear (Opuntia stricta)
. Beach sunflower /ffelranthus debilis)
o lnkberry 6coevola plumieri)
o Necklace pod (Sophora tomentosa)
. Sea oats (Unbla paniculate)
o Nickerbean (Csesalpinia bonduc)
o Sea oxeyed daisy (Borrichia spp.)
. Sea purslane (Sesuvium portiulacaslrum)
. Seagrape (Coccoloha uvivera)
7. lf a vehicle on the beach is needed for work on the dunes or the kach, a Collier County
vehicle on the beach permit will be required.
C. Terms
l. This Agreement shall be valid for four years from the date of execution and may be
extended by either Party with 60 days written notice and approval by the Board of
County Commissioners.
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16.C.6.a
Packet Pg. 2100 Attachment: Agreement - Signed (10942 : The Barefoot Beach Agreement)
2. Either Party may terminate this Agreement for any reason with 30 days written notice
to the other.
3. NO PARTNERSHIP: Nothing herein contained shall be construed as crealing a partnership or
joint ventur€ of any kind between the County and the Villas. its vendors or subcontractors. or
to constitute the Villas, or its vendors or subconlractors. as an agent or employee ofthe County.
4. This Agreement is subject to appropriation by the Board of County Commissioners.
5. This Agreement is subject lo the requirements found in Ch. I19. FIa. Slat.. Florida's
Public Records Law. With respect to all matters covered in this Agreement, Spirit Promotions
shall maintain complete and accurate accounting records, and shall maintain these records,
books, documents. papers and financial information penaining to work performed under this
Agreement for a period ofthree (3) years. in compliance with Chapter I 19. the Florida Public
Records Law.
6. NOTIFICATION
All notifications and communications regarding activities covered by this MOU will be
made in writing to the parties as follows:
a. The Villas at Barefoot Beach Homeowners Association, lnc.
c/o President
27180 Bay Landing Drive. Suite 4
Bonita Springs, FL 341l5
b. Collier County
c/o Parks & Recreation Director
15000 Livingston Road
Naples, IrL 34109
7. VENUE AND COVERNING LAW: This Agreement shall be governed by and construed
under lhe laws of the State of Florida. The panies shall anempt in good faith lo resolve any
dispute conceming this Agreement through negotiation betrveen authorized representatives. lf
these efforts are not successful, and there remains a dispute under this Agreement. the parties
shall first engage in voluntary mediation, with each side sharing all costs. Following the
conclusion ofthis procedure, either party may th€n file an action in the Circuit Court of Collier
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16.C.6.a
Packet Pg. 2101 Attachment: Agreement - Signed (10942 : The Barefoot Beach Agreement)
County, or the Middle District of Florida, which shall be the exclusive venue with respect to
any disputes arising out of this Agrrement. ln the event of litigation, each side shall bear its
own attorney's fees.
IN WITNESS WHEREOF, the Parties, Villas and Collier County, have respectively, by
an authorized person or agent. hereunder set their hands and seals on the date first written above.
AS TO COUNTY:
DATED:
ATTEST:
Cwstal K Kinzel.Clerk
, Deputy Clcrk
Approved as to form and legalit!':
Colleen M. Greene
Assistant County Attomey
30ARD OF COUNTY COMMISS10NERS
COLLIER COUNTY.FLORIDA
William l´McDanicl.Jr.Chai∥∥an
THE VILLAS AT BAREF00T BEACH
HOMEOWNERS ASSOCIAT10N,INC.,A
FLORIDA NOT FOR PROFIT
CORPORAT10N
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Steve Bruce. President
By:
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16.C.6.a
Packet Pg. 2102 Attachment: Agreement - Signed (10942 : The Barefoot Beach Agreement)
AtEchmentA
Ownership Lrhibit
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16.C.6.a
Packet Pg. 2103 Attachment: Agreement - Signed (10942 : The Barefoot Beach Agreement)
Attachment A
Ownership Exhibit
16.C.6.a
Packet Pg. 2104 Attachment: Agreement - Signed (10942 : The Barefoot Beach Agreement)