Agenda 04/27/2021 Item #16B 1 (Landscape License Agmt w/Moorhead Manor Mobile Home Park HOA)16.B.1
04/27/2021
EXECUTIVE SUMMARY
Recommendation to approve a Landscaping License Agreement with Moorhead Manor Mobile
Home Park Homeowners Association to provide irrigation, landscaping and maintenance within
the designated area on the property located at 4260 Bayshore Drive, Naples Florida, 34112 within
the Bayshore Beautification MSTU boundary and authorize the chairman to sign the agreement
and authorize payment.
OBJECTIVE: To enhance landscape improvements along Bayshore Drive within the boundaries of the
Bayshore Beautification MSTU boundaries (MSTU) and extend the improvements into private property
as defined in the License Agreement (Agreement) with Moorhead Manor Mobile Home Park
Homeowners Association (Association), the owner of the subject property as described in the Agreement.
In April 2019, McGee and Associates were hired to develop a conceptual design plan for the renovation
of Bayshore Drive from US41 to Thomasson Drive (Attachment A). The conceptual plan consists of 9-
foot (+/-) sidewalks, new landscaping, hardscape, and lighting. Due to the limitations of the existing Right
of Way (100 Feet) all of the proposed improvements would not be feasible. The conceptual plan provides
an understanding of the Right of Way limits along the corridor and offers a plan to coordinate with
adjacent property owners to implement the proposed corridor improvements as properties are developed
or redeveloped.
CONSIDERATIONS: On February 2, 2020, Moorhead Manor Association President Mike Howe
contacted the Bayshore Beautification MSTU Board regarding improvements the Association was
contemplating along the property frontage. The Association was considering replacing a chain link fence,
currently located on the property line, with a solid privacy wall. The Association hired McGee &
Associates to develop a landscape plan incorporating the new wall. The cost for this project is
approximately $165,000. In discussion, the option to move the southern 80 feet of the wall back 10 feet
from the property line and the northern 454 feet of wall 7 feet from the property line would provide an
opportunity for the MSTU to install additional landscaping consistent with the conceptual plan for
renovating Bayshore Drive. The MSTU Advisory Board requested Mr. Howe provide the board with a
completed landscape plan to review and discuss a possible agreement that would allow the MSTU to
install nonstructural elements, such as landscaping and irrigation, within the 7 to 10 feet in front of the
wall of Moorhead Manor's property which would allow the sidewalk to be expanded in the right of way
and provide landscaping along 534 feet of Moorhead Manor's property frontage consistent with the
conceptual plan.
On July 8, 2020, the MSTU Advisory Board reviewed the landscaping plan and the Architect of Record,
Mike McGee, provided a cost analysis to install the landscaping and irrigation and requested the MSTU
consider providing irrigation, landscaping, and maintenance on the Association's property within the area
as described in Agreement. The Association has received an approved SIPI (Site Improvement Plan
Insubstantial Change) for the proposed improvements. The cost estimate for the MSTU portion of the
landscaping is $55,000.
If the License Agreement is approved, the MSTU would reimburse the Association for the installation of
the landscaping. The MSTU would assume maintenance of the landscaping once it is installed and
accepted by the MSTU; freeing up the right of way portion for installation of a wider sidewalk and
improved lighting as depicted on the concept plan in the future. The agreement would also give the
MSTU the ability to make future improvements, such as additional landscaping, hardscape, or additional
lighting, as outlined in the Agreement.
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04/27/2021
16.B.1
The owner agrees to maintain this Agreement for a minimum of 10 years. If the owner requests to
terminate early, the landscaping will remain, and the owner will take over maintenance and compensate
the MSTU on a sliding scale based on 10% of investment assigned to each year. For example, if the
Agreement is terminated after 5 years, the owner would be responsible for compensating the MSTU 50%
of the initial investment. After the minimum 10-year period, the Parties agree that all improvements will
remain unless the Parties agree to remove the improvements. Either party may freely terminate this
Agreement at any time by providing a 180-day written notice of intent.
The Association will be reimbursed for the installation of the landscaping pending submittal of required
documentation as outlined in the Agreement.
ADVISORY BOARD RECOMMENDATION: The Bayshore Beautification MSTU Advisory Board
voted 7-0 on July 8, 2020 to recommend approval of the Landscaping License Agreement with Moorhead
Manor Association with a not to exceed cost of $55,000.
FISCAL IMPACT: Funding is budgeted in the Bayshore Beautification MSTU Project Fund (160) in
Project No. 50174 (Bayshore N Landscaping). Estimated annual maintenance cost is $3,875.00 and will
be provided in Bayshore Beautification MSTU Fund (163).
GROWTH MANAGEMENT IMPACT: This project meets the current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve a Landscaping License Agreement with Moorhead Manor
Association to provide irrigation, landscaping and maintenance located at 4260 Bayshore Dr., Naples,
Florida, 34112 within the Bayshore Beautification MSTU boundary and authorize the chairman to sign
the agreement and authorize payment.
PREPARED BY:
Tami Scott, Project Manager
ATTACHMENT(S)
1. Bayshore MSTU License Agreement Signed and CAO approved (PDF)
2. Attachment A Concept Plan (PDF)
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16.B.1
04/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doe ID: 15599
Item Summary: Recommendation to approve a Landscaping License Agreement with Moorhead
Manor Mobile Home Park Homeowners Association to provide irrigation, landscaping and maintenance
within the designated area on the property located at 4260 Bayshore Drive, Naples Florida, 34112 within
the Bayshore Beautification MSTU boundary and authorize the chairman to sign the agreement and
authorize payment.
Meeting Date: 04/27/2021
Prepared by:
Title: — Bayshore CRA
Name: Tami Scott
04/13/2021 3:12 PM
Submitted by:
Title: — County Manager's Office
Name: Debrah Forester
04/13/2021 3:12 PM
Approved By:
Review:
Corporate Business Operations
Jennifer Reynolds
Stage 1 Review
Procurement Services
Opal Vann
Level 1 Purchasing Gatekeeper
Procurement Services
Sandra Herrera
Additional Reviewer
Tourism
Kelly Green
Stage 1 Review
County Manager's Office
Debrah Forester
Director - CRAs
Corporate Business Operations
Sean Callahan
Executive Director- Corp Business Ops
Capital Project Planning, Impact Fees, and Program Management
Michael Cox
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Ed Finn
Additional Reviewer
County Manager's Office
Leo E. Ochs
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
04/13/2021 3:52 PM
Completed
04/13/2021 4:57 PM
Completed
04/14/2021 9:10 AM
Completed
04/14/2021 11:44 AM
Completed
04/14/2021 1:52 PM
Completed
04/16/2021 9:39 AM
Additional Reviewer
Skipped
Completed
04/19/2021 3:08 PM
Completed
04/19/2021 3:09 PM
Completed
04/21/2021 11:57 AM
Completed
04/21/2021 12:47 PM
04/27/2021 9:00 AM
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16.B.1.a
LICENSE TO USE PROPERTY FOR LANDSCAPING
THIS LICENSE is granted this day of 2021, by and between Moorhead
Manor Mobile Home Park Homeowners Association Inc,, whose address is 4260 Bayshore Dr.,
Naples, Florida, 34112 ("Owner"), to the Bayshore Beautification Municipal Services Taxing
Unit, with the Board of County Commissioners, Collier County, Florida, as governing board,
located at 3301 Tamiami Trail East, Naples, Florida 34112 ("Licensee").
RECITALS
WHEREAS, Licensee was created and established by Collier County Ordinance No. 97-
18 as amended, for the purpose of beautifying and maintaining the right of way along Bayshore
Drive within the Bayshore Beautification Municipal Services Taxing Unit; and
WHEREAS, Licensee presently maintains landscaping within the right of way at 4260
Bayshore Dr.; and
WHEREAS, Owner is the owner of their property located at 4260 Bayshore Dr., Naples,
Fl, 34112; and
WHEREAS, Licensee wishes to enter into an agreement to provide irrigation,
landscaping, and maintenance on the Owner's property as described in Exhibit A (the
"Property").
NOW, THEREFORE, in consideration of $1.00 Dollar ($1.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. This is a bare license with no interest coupled thereto whereby Owner does not release
any ownership rights it has in this or in any other property.
2. Owner agrees to install the landscaping required to satisfy Collier County Codes and
Ordinances, as determined by the Owner's retained landscape architect. Licensee agrees
to reimburse the Association for the initial cost investment not to exceed $55,000 for said
landscaping. Licensee thereafter has the right to construct and then, at all times during
this License Agreement, maintain at its sole cost and expense, the landscaping and
hardscaping (e.g. site furnishing pads, sculpture supports & accent up lighting)
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improvements on the Property. In constructing and maintaining the improvements,
Licensee will comply with all applicable laws and standards. Throughout the course of
this License, Licensee and all approved successors and assigns, hereby agrees to
indemnify and hold harmless the Owner, its successors and assigns, from all claims
and/or suits whatsoever, arising out of the landscaping, hardscaping, and improvements
on the Property.
3. This License is not a right, but a privilege personal to Licensee, and is not assignable
without the express written approval of the Owner which approval may be granted or
withheld, with or without cause.
4. The Owner acknowledges the investment the Licensee has made to the property and
agrees to maintain this License Agreement for a minimum period of 10 years. Even
though this License Agreement may extend into perpetuity, either party may freely
terminate this License at any time subject to the provisions stated in paragraphs 4a.,4b.,
and 4c., upon dispatch of 180-day written notice to the other party, sent to the address of
such other party as set forth in paragraph 6 below. Licensee shall leave the area in an
agreed upon condition and Owner will assume responsibility of maintenance.
a. If either party terminates the agreement after fulfilling the minimum term of
10 years, no compensation is due from the Owner, and Licensee agrees to leave
the landscaping, irrigation, and other improvements, and the Owner assumes
maintenance of the same.
b, If the Owner terminates the Agreement early, in the manner set forth in
Paragraph 4 above, (i,e. before the end of the initial 10 year term), the Parties
agree that the landscaping, irrigation, and other improvements will remain and the
Owner will assume maintenance of the same. Licensee will be compensated on a
sliding scale based on the initial cost investment not to exceed $55,000.00, (e.g. if
the Owner terminates in year 1, 90% of the initial costs investment- not to exceed
$55,000: year 2, 80% and so on).
c. If the Licensee terminates the Agreement early in the manner set forth in
Paragraph 4 above, no compensation will be provided to the Licensee from the
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16.B.1.a
Owner. The Licensee agrees to leave the landscaping, irrigation and other
improvements and the Owner agrees to maintain the same.
5. Disbursement by Licensee
Owner agrees to obtain all necessary permits and submit any required plans to the
County's Growth Management Department. Upon completion of the work, Owner shall
submit to the CRA staff a Reimbursement Request, The CRA, through its staff, shall
confirm that the landscape improvements were constructed pursuant to the approved
plans. The Owner will submit Reimbursement Request to Licensee for the landscaping
costs. The Owner will submit the following:
• A copy of each of the three (3) bids from three (3) licensed vendors for the
project identifying each component included for reimbursement.
• Contractor selected justification summary
• Two 8 inch by 10 inch photos showing improvements completed
• Copy of Permit issued for work and final inspection
• Invoice(s) from the vendor for work performed.
• Copy of canceled check (Front and Back) which paid for work performed
(Same amount as Invoices) amount)
Reimbursement Request will be mailed or delivered in person to:
Collier County Community Redevelopment Agency
C/O Tami Scott, Project Manager
3299 Tamiami Trail E.
Suite 103
Naples, FL 34112
Copy to:
Dennis Riffert
Moorhead Manor Treasurer
1019 W. Phelps Drive
Newburgh, IN 47630
or:
E-Mail to: riffert@wowway.com
The Licensee will remit to Owner:
Payment in the full amount documented on the Reimbursement Request.
Payment will be processed and disbursed within 45 days from receipt of all documents to
support reimbursement request.
Payment will be mailed to:
Moorhead Manor Mobile Home Park Homeowners Association, Inc.
C/O Guardian Property Management
6704 Lone Oak Blvd
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16.B.1.a
Naples, FL 34109
Total amount of all landscaping Reimbursements shall not exceed $55,000.00
Licensee will contact Moorhead Manor Treasurer (Dennis Riffert) to resolve any
discrepancies related to the Reimbursement Requests.
6. All notices or other communications, including change in address or contact information,
provided herein shall be in writing and shall be delivered in person or mailed by certified
mail, return receipt requested to the parties at the following addresses:
For Licensee:
Collier County — Bayshore Beautification MSTU
3299 Tamiami Trail E.
Suite 202
Naples, FL 34112
With a copy via Regular US Mail to:
Collier County Community Redevelopment Agency
3299 Tamiami Trail E.
Suite 103
Naples, FL 34112
For Owner:
Moorhead Manor Mobile Home Park Homeowners Association, Inc.
C/O Guardian Property Management
6704 Lone Oak Blvd
Naples, FL 34109
With a copy via Regular US Mail to:
Moorhead Manor President
4260 Bayshore Drive
Naples, FL 34112
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16.B.1.a
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year
first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
M.
, Deputy Clerk
STATE OF FLORIDA
COUNTY OF COLLIER
Penny Taylor, Chair
Moorhead Manor Mobile Home Park
Homeowners Association Inc:
f `1 "L h l A, P szt. l'i t Arcs s i
(print name and title)
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by
means of physical preAcC:,en a or [ ] online otari ation, this � day of 4 j9 ez L ,
2021, by ,M l(' ae C (} � , as (�,-� of Moorhead Manor Mobile Home
Park Homeowners Association Inc, on behalf of the association, who M is personally known to
me or who [ ] produced f� as identification.
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(SEAL)
Nbtaq Publi(� State of Florida
P1 AfZ c;
Printed Name 'Notar),
1yCommisrio Expires:
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