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Agenda 05/25/2021 Item #16A12 (License Agreement - Creekside West, Inc. to CC Addison, LLC)05/25/2021 EXECUTIVE SUMMARY Recommendation to approve an Assignment and Assumption of a License Agreement from Creekside West, Inc. to CC Addison, LLC for the purpose of the installation of two ground signs within County right-of-way. OBJECTIVE: To approve and acknowledge the assignment of the License Agreement from Creekside West, Inc. to CC Addison LLC for the purpose of installation of two ground signs within the County road right-of-way. CONSIDERATIONS: On July 11, 2017, the Board of County Commissioners entered into a License Agreement with Creekside West, Inc. for the installation of two temporary signs within the County right - of-way in the area dedicated to the County by Creekside West, Inc.’s predecessor in title. The Development Review Division of the Growth Management Department has received an application from Creekside West, Inc. to assign the License to CC Addison LLC (Addison). If or when the County constructs roadway and canal improvements within the right-of-way parcel, the signs would be removed at the expense of Addison, including the restoration of the property to its present condition. Under the terms of the License Agreement, the assignment requires Board approval. FISCAL IMPACT: The County will realize revenues as follows: Fund: Growth Management Fund 131 Agency: County Manager Cost Center: 138327 - Land Development Services Revenue generated by this project: Total: $1,000, plus the lease fee. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - HFAC RECOMMENDATIONS: To approve the Assignment and Assumption of the License Agreement from Creekside West, Inc. to CC Addison, LLC. Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Approved License Agreement - 2017 (PDF) 3. Assignment of License Agreement (PDF) 16.A.12 Packet Pg. 738 05/25/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 15558 Item Summary: Recommendation to approve an Assignment and Assumption of a License Agreement from Creekside West, Inc. to CC Addison, LLC for the purpose of the installation of two ground signs within County right-of-way. Meeting Date: 05/25/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 04/09/2021 10:46 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 04/09/2021 10:46 AM Approved By: Review: Growth Management Department James C French Growth Management Department Skipped 05/09/2021 6:39 PM Growth Management Department Michael Cox Transportation Skipped 05/09/2021 8:57 AM Growth Management Department James C French Growth Management Skipped 05/09/2021 6:39 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 04/09/2021 11:15 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/12/2021 5:06 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/16/2021 1:14 PM Growth Management Department Matthew McLean Additional Reviewer Completed 04/19/2021 1:32 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/19/2021 2:55 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/20/2021 10:16 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/20/2021 11:20 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/02/2021 12:08 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/17/2021 12:22 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM 16.A.12 Packet Pg. 739 ADDISON PLACE COMMERCIAL LOCATION MAP 16.A.12.a Packet Pg. 740 Attachment: Location Map (15558 : Assignment of License Agreement - Addison) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office j CA C 4. BCC Office Board of County`! Commissioners 7\`<A\\ 5. Minutes and Records Clerk of Court's Office lS\ 91(141(1I14 (1 Iz pm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff John Houldswort Phone Number x-5757 Contact/ Department Agenda Date Item was July 11,2017 Agenda Item Number 16.A.25 Approved by the BCC Type of Document License Agreement Number of Original One Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. Initial) Applicable) I. Does the document require the chairman's original signature?5 3 2. Does the document need to be sent to another agency for additional sigfiatures? If yes, n/a provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JH by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 11,2017 and all changes made t* ' t during the meeting have been incorporated in the attached document. The County 41 t**0 Attorney's Office has reviewed the changes,if applicable. L,iils(. 9. Initials of attorney verifying that the attached document is the version approved by the ii BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16.A.12.b Packet Pg. 741 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) LICENSE AGREEMENT rh THIS LICENSE AGREEMENT ("Agreement") is made this I J day of 2017, by the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORI A, a political subdivision of the State of Florida ("BOCC" or "County"), having its principal address at 3299 Tamiami Trail East,Naples,Florida 34112, in favor of Creekside West, Inc., a Florida corporation ("Addison"), having its principal place of business at 2600 Golden Gate Parkway,Naples, Florida 34105. BACKGROUND A. BOCC owns a 1.5 acre parcel of land located adjacent to Immokalee Road, Florida as described in the Warranty deed dated October 15, 2014 between Happy #4 Family Corporation and Collier County and recorded in OR Book 587, Page 93 of the Public Records of Collier County, Florida(the "Property"); B. The Property is held by Collier County in fee simple as right-of-way for future improvements to Immokalee Road; C. The Property is not presently needed for County improvements; D. Addison owns the property described in Exhibit "A" attached hereto and incorporated herein, also known as the Addie's Corner Planned Unit Development (the "Addison Parcel"); E. The Addison Parcel is located north of the Property; F. Pursuant to the transportation commitment in Ordinance No. 2011-08, Happy #4 Family Corporation dedicated the Property to Collier County to relocate the Cocohatchee Canal, as compensatory right-of-way for the turn lane into the Addie's Corner Planned Unit Development and for future Collier County improvements to Immokalee Road; G. The future Collier County improvements to Immokalee Road are associated with a transportation project not yet scheduled in the 2040 Long Range Transportation Plan; 17-EIS-03572/1348991/1)79 1 7/3/17 CA 16.A.12.b Packet Pg. 742 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) H. The dedication of the Property to Collier County results in a distance of approximately 200 feet from the allowable location of a signage and entry features within the Addison Parcel to the nearest travel lane on Immokalee Road; I. Addison desires to construct signage and entry features within the Immokalee Road Right-of-Way at the location shown in Exhibit"C" which would remain under the terms of this Agreement until the Property is needed for County purposes; J.Locating signage and entry features at the location shown in Exhibit "C" instead of the Addison Parcel will better allow for motorists travelling on Immokalee Road to identify the location of the entrance to the Addison Parcel; K. BOCC has determined the Addison's request for signage and entry features within at the location shown in Exhibit "C" is, as a matter of health, safety, and welfare, in the best interest of the citizens of Collier County, Florida, and BOCC will grant a license to Addison to construct and maintain signage and entry features on specified locations shown in Exhibit "C" in accordance with the terms of this Agreement.; L. BOCC in its discretion agrees that Addison may construct residential signage and entry features at the location shown in Exhibit "C" until BOCC needs the Property for county purposes or unless a safety issues arises; and M. The parties have entered into this Agreement to evidence their understanding. NOW, THEREFORE, for a good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. BOCC hereby grants a temporary license to Addison to enter upon the Property and construct and repair, as needed, two (2) freestanding monument signs and associated entry features based on the renderings attached as Exhibit "B". The location for the signage and entry features are set forth on Exhibit "C". The signage and entry features shall not be used as structural support for any private roadway improvements. The location of the signage and entry features shall be subject to the approval of a Collier County Right-of-Way Permit for the signage and entry features location. 117-EIS-03572/1348991/1)79 2 7/3/17 0 16.A.12.b Packet Pg. 743 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) 3. This license will exist until terminated pursuant to the terms hereof. 4. Addison may clear vegetation within the Property and shall maintain the Property, upon approval of a right-of-way permit, until such time as Collier County needs the Property for County purposes. Beginning 30 days after right-of-way permit approval, and annually thereafter, Addison shall pay to County the sum of$555 per year based on the valuation in the short form appraisal attached as Exhibit"D". 5. Either party may terminate this Agreement, in whole or in part, for any reason by providing ninety (90) days prior written notice to the other party ("Notice of Termination"). In the event that either party provides a Notice of Termination, Addison shall remove the signage and entry features and restore the Property to the condition it existed as of the date hereof by the termination date set forth in the Notice of Termination. In the event the signage and entry features are not removed by the termination date set forth in the Notice of Termination, the County may remove the signage and entry features and dispose of it. County shall not be responsible for compensation, costs or damages of any kind resulting from the County's removal of the signage and entry features. To ensure that the cost of removal of the signage and entry features is borne by Addison, Addison shall post a cash bond in the amount of $5000 upon issuance of the right-of-way permit, which may be called upon by the County if the County removes the signage and entry features in accordance with this paragraph. 6. Addison shall be responsible for, and shall defend, indemnify and hold harmless BOCC against and from any and all liability or claim of liability demands and causes of action, which may arise as a result of Addison's performance or activities under this Agreement, together with all costs and reasonable attorney's fee for defending the same, arising out of: (a) any failure on the part of Addison to perform or comply with any of the terms hereof, (b) performance of any labor or services or the furnishing of any materials in respect to the construction or maintenance of the signage and entry features installed on the Property pursuant to the terms hereof; (c) any negligent, intentionally tortuous, or other act or omission of Addison or any of its employees, agents, licensees or invitees solely as it may relate to this Agreement; and (d) any patent or latent defect in the signage and entry features caused by Addison or any of its employees or agents. 7. Except as and if otherwise provided herein, all notices, request and demands to or upon the respective parties hereto shall be in writing and shall be deemed to have been given or made five (5) business days after a record has been deposited in the mail, postage prepaid, or one 1) business day after a record has been deposited with a recognized overnight courier, charges prepaid or to be billed to the sender, or on the day of delivery if delivered manually with receipt acknowledged, in each case addressed or delivered: 17-EIS-03572/1348991/1]79 3 7/3/17 It 16.A.12.b Packet Pg. 744 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) To BOCC at:3299 Tamiarni Trail East Naples, FL 34112 Attn: Chairman With a copy to: County Attorney's Office 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 Attn: Jeffrey A. Klatzkow, County Attorney To Addison: 2600 Golden Gate Parkway Naples, FL 34105 Attn: David Genson, P.E. With a copy to: Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Attn: Richard D. Yovanovich, Esq. 8. Subject to Paragraph 9, this Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors, or assigns and shall run with the land. 9. Addison may assign this Agreement to CCC Addison, LLC, otherwise Addison may not assign this Agreement without BOCC's express prior written consent which consent shall not be unreasonably withheld. 10. This Agreement may not be changed, modified or amended, except in writing by an instrument executed by the parties hereto. 11. If any term or provision of this Agreement or the application thereof to any party, person or circumstance shall, to any extent, be declared invalid or unenforceable by a court of law, the remainder of this Agreement, or the application of such term or provision to parties, persons or circumstances other than those to as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other terms and provisions of this Agreement and all other application of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 12. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules. Venue for any legal action arising out of 17-0S-03572/1348991/1]79 4 7/3/17 0 16.A.12.b Packet Pg. 745 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) this Agreement shall lie exclusively in the state courts of Collier County, Florida. In the event of any litigation hereunder, the prevailing party shall be entitled to recover, in addition to other remedies, reasonable attorney's fees and all costs incurred in connection with any such litigation whether incurred prior to trial, during trial,, on appeal, or in bankruptcy. 13. This Agreement constitutes the entire understanding of the parties, and all previous agreements and understandings are superseded by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. Creekside West,Inc. BOARD OF COUNTY COMMISSIONERS A Florida corporation COLLIE' C419 Y,FLORIDA Alp By: 1V, By: /,. /./tV.._Brian GolPENNY TA Chairm Print Name: Vice President Print Title: Approved as to form and legality: ATTEST: DWIGHT E.BRO ,C L &._ H'idi Ashton-Cicko Managing Assistant County Attorney Deputy Cie*F Attest as to Chairman's STATE OF FLORIDA signature only. -F COUNTY OF COLLIER The foregoing Agreement was executed before me this 5 day of July 2017, by Brian Goguen , as Vice President of the Creekside West, Inc., a Florida corporation, who is personally known to me or who produced as identification. Notary Public jy KIM D.DAVIDSON Name Kim Davidson MY COMMISSION#FF 070690 EXPIRES:February 19,2018 Certificate No. FF-070690 0 Bonded TnmNotary Publcuodeiwrters My Commission expires 02-19-2019 17-EIS-03572/1348991/1]79 5 7/3/17 A iii 16.A.12.b Packet Pg. 746 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE SOUTH 100 FEET THEREOF, COLLIER COUNTY, FLORIDA. PARCEL 2: THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THE SOUTH 100 FEET THEREOF. PARCEL 3: THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE SOUTH 100 FEET THEREOF, COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING THE FOLLOWING DESCRIBED LANDS FROM SAID PARCELS 2 AND 3: A PARCEL OF LAND LOCATED IN A PORTION SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°57'31"W., ALONG THE SOUTH LINE OF SAID SECTION 22 FOR A DISTANCE OF 660.31 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTH EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE RUN N.00°44'46"W., ALONG SAID EAST LINE FOR A DISTANCE OF 100.01 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, A PUBLIC RIGHT-OF-WAY OF VARYING WIDTH, THE SAME BEING A POINT 100.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 22, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.89°57'31" W. ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD PARALLEL TO THE SOUTH LINE OF SAID SECTION 22, FOR A DISTANCE OF 824.90 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE RUN N.00°3821" W. ALONG SAID WEST LINE, FOR A DISTANCE OF 43.75 FEET; THENCE RUN N.85°07'28"E. FOR A DISTANCE OF 826.89 FEET TO A POINT ON SAID EAST LINE; THENCE RUN S.00°44'46"E., ALONG SAID EAST LINE FOR A DISTANCE OF 114.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 4: THE SOUTH 100 FEET OF THE THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 16.A.12.b Packet Pg. 747 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBIT A CONTAINING 21.83 ACRES MORE OR LESS 16.A.12.b Packet Pg. 748 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) i c11 k____. 7- F. i I MINI 4 r JitN N., \ / N 0_4 f 1 rZ.A..,...,/;'.. j'(...1hp,(...1 y a W ttl rs c j b 0. iJ 16.A.12.b Packet Pg. 749 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBIT C tII W V II I•••"?. 1 0 , atil i 1 rie, 1 rri ' 1 k. TREE FARM J PUD 0 ' ESPLANADE GOLF AND COUNTRY CLUB ri..- rmiu4414rn fr-41414,4.44-Irlin.: 1 w 4 4-0 ttOfiNElk- - - j - .V ‘,,,,r,'„?."‘,.''''`` , 1 4.4„,,,,,,,,,14,t , L .s -i;J''' ' , ' ' -: uf-..„,-,lt--1---, .1-,L , 7 - ''...' -', i, 4,4.. i._._,, Trtmill z4,-....,..., im,- n4,,,...,E,,- h.„ Tiy . . I 1i 1.;.•`. ,,''',! ,IASI 1 ,,, , .,'' ,,,. „,..—...,-..;" Th AA*" 44. 111 , h: 4I 11'141'1 14"j4 4• iNfr't".4'6 ' ''''''-'44 -,-4' '' - 1 TREE FARM I r- ADDIE'S CORNER 1 fro- PUD I COMMERCIAL i 4 i COLLIER COUNTY R OW PARCEL Pr, i 1 7-,,-----_ COCOHATCHEE CANAL , ENTRY SIGN - - IMMOKALE-E.--ROAff 11------- --"-- --- 1 250 IMMOKALLE ROAD 1ROW n +. 1 1. i I i 1 1 41 11 1 k PR,DJEC' 11Ttt reVR CUENVCONSULTANT SEC.22 TWPISS RGE 26E PEN I N S U LA/iiN Designed by Drawn by ALEJANDRO AVILA ALEJANDRO AVILA i ENGINEERING‘'w ADDIE'S EXHIBIT "C" Date JUNE 2017 ADDIE'S CORNER CREEKSIDEWEST, s i N4VIANNIN%„,===MAMINI CORNER COVER SHEET INC Preseet Number P-CRKW-005-005 File Number P-CRKW-005-005430-1 C-X30 Sneer Number 0' at 03 16.A.12.b Packet Pg. 750 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBITIC ADDIE'S CORNER ESPLANADE GOLF I' 1 COMMERCIAL I AND COUNTRY CLUB 12 NMI-USE PATH u, oN'c.- .--EXISTING 24 FORCE MAIN 01. 11014"••--2----a"• R • 31 N...EXISTING 24-WATER MAIN aL4 le;:-Pikok4•41•1"441114t 14/ 41 =1 i 4. 441Z. •4110•11114;11;PC.404441•41•144.41024 Alit 1, r rattiNletillioNtiibrolkaltk.*..i-iiik ,,,,r.,pir :: .,-", .- At- • 41.4 4, ' .., .-; . -0 10*•4ir ila•..s k at * le +. "be lb-III 44.4.14eilip *31*Wileo....5,-er''-* ele ea,",-,T•-quo 4*--,-.05 rI'T 410. 1111P ,1 40:---:0!: ,,- 004-ieleli,--ii irlak,:-wel:-.4.-0-,...4..ta.-1.--440,.- ,1 s - ,•...1011,441.4%**N.04/400.witztfi"favie,mt v,„, --.,- 22ai..,:____-2---,-- • sliall‘• 4114.14411%14:;,..na, 7-------:---T---------.,„---"'... 4. 1------- -:-'---_..-^- --:--,--.. voz.tleit. ..-t-_-?•,,---,-7, ivouveL, cefe0HATeHEE— cANAL,--, 14° 414111411 --------- 1 i 1 ' Ika: 6441:- -- Lka--lva': LANE a --• • -- . ••••" ,ow-- 4{ Tip_ . 1. 7.„... 0N Iditlf"- 12 TRAVEL ti. ,-' .;•4141175,1,1 e•-• - .7., LANE41". ?le le'Sip 4 1.46A10 miroyly,. ... yebY , y,,, y 1 1141146-1394''''' e. Wjeltibbftwilba-ab- IP-lies 14,40404, 49. 0- 0',0% 6 , i a. Ilys. telk ett ',.-,-"--,-W 41".4,.... , 11, , .., , SU**%;.;r:J ,- 16,4014%teaai ,--&'4 ....-,c,, , 014,,,,*'4i* '-,..,-I' - ' A At ,41 IS Ai41. 41' tiede,.° eet.. WIlln y.7441,, Wir 1 4 I y I PROPOSED ENTRY BRIDGE II/-BRIDGE RAIL TO BE EXTENDED TO PROPOSED SIGN1 I 400.444.40Wrtilliii• 4%14-4-4--..4, /if 1144". I 1at'.,'47. , r, et- PROPOSE°ENTRY11114.4 i- ' z --- '"--- 116,4#.1 _.,-; :. PROPOSED ENTRY I I4,e1,1111• - - '' SIGN KliNb•^41411.• 1-‘;• ArItill***11W ea' I t: ae PROPOSED GUARDRAIL K a. 0A; 90. cz., 4± z t 0 t EX 17 RIGHT TURN LANE EX 11 TRAVEL LANES IMMOKALEE ROAD EX 11TRAVEL• LANES EX 14'LEFT a;*" 1=L EX LEFT TURN LANE 4,1 TURN LANE PI,-,E,T T ILE OWNERJCLIENT/CONSULTAN7 SEC TT TOP 480 ROE 26E PENINSULA4N Des'pad by ALEJANDRO AVILA t voENGINEERING ADD 'SIEEXHIBIT "C" Dtewn try Date ALEJANDRO AVILA JUNE 2017CREEKSIDEVVEST,ADDIE'S CORNER tawettic-AM* re 30. C 0 R N E R INC Rowel Number P-CRKW-005.005If314,414 14044041,1A11,4 SIGN LOCATIONS Fdt Number P CRKW-005-005-X30-2Y4,4,414140 4,414 Yary4wav C-X30 Sheet Number 02 of 03 16.A.12.b Packet Pg. 751 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) Exhibit D SHORT FORM APPRAISAL-COLLIER COUNTY GMD PROJECT NAME:Addie's Comer Sign Licensing(within Immokalee PARCEL NUMBER:Addison Place Signage Parcels(Addle's Corner) Road ROW) PARCEL AREA:1,934 sf(aggregate)LOCATION:Immokalee Road(north side ROW)west of CR951 PURPOSE OF THE VALUATION: To estimate the market value of an annual license to use"land area for an adjacent property owner's signage to be located within Collier County ROW. MARKET VALUE DEFINED: The most probable price,as of a specified date,in cash or in terms equivalent to cash,or in other precisely revealed terms,for which a property would sell(or be licensed for use)after reasonable exposure in a competitive market under all conditions requisite to a fair sale,with the buyer and the seller each acting prudently.knowledgeably,and for self interest,and assuming that neither is under any undue stimulus to act. PRESENT ZONING:Not Applicable-Public ROW.Zoning for nearby and FUTURE LAND USE:Urban//Residential Subdistrict/Mixed-Use. adjacent lands includes residential.commercial,mixed-use PUD tracts (Residential Density Band). and interim Agriculture zoning. HIGHEST AND BEST USE:Public ROW,Immokalee Road(inclusive of private entity uses allowed by permit and/or licensed uses within the public ROW). DESCRIPTION OF SUBJECT PROPERTY:The subject property"Parent Tract"consists of public ROW(north side of lmrnohaiee Road)running east of Logan Boulevard and west of Collier Boulevard(CR951).An access road for the planned Addison Place MPUD is to be built running north off of Immokalee Rd just east of the Esplanade community.The commercial component of this planned development(close to Immokalee Road,just north along the Cocohatchee Canal)will be known as Addie's Corner. The developer wishes to place signage and associated entry features on both sides of the planned access road south of the Cocohatchee Canal within the Public ROW(north side of lmrnokalee Road).Collier County is willing to permit these placements by way of an annual licensing agreement.This Valuation Analysis calculates a fair-Market Value'for an annual licensing payment for this use in these signage areas. The licensing agreement will include 2 separate signage1assoaated features areas.The aggregate size of the license to use land areas comes to 1,934 sf. The value of the annual license will be based upon the value of the underlying lands upon which the licensed uses will be located.This underlying land value is calculated using an"Across the Fence"methodology for valuing ROW lands.This method pegs the value of the ROW lands to the value of the lands adjacent to the ROW. DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS:The Following Land Sales are used to estimate the value of the subject property lands using the Sales Comparison Approach: 1. Addison Place PUD:N/S Immokalee Rd,Naples Sale Price:$1,850.000 Sale Date:8/15 21.83 acres 2. Immokalee Rd-Woodcrest Rd SAN corner,Naples Sale Price:$1,475,000 Sale Date:5/16 10.36 acres 3. 200 Livingston Rd.north of Immokalee Rd,Naples Sale Price:$2.250.0000 Sale Date: 2i16 15.23 acres Page I of 16.A.12.b Packet Pg. 752 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) SHORT FORM APPRAISAL-COLLIER COUNTY GMD DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS Sale#1 shows an indicated unit once of$84,745/acre This property is located just north of the Immokalee Rd ROW being valued(the signage for this development is the subject of the license valuation being estimated herein).Planned mixed development, Sale#2 shows an indicated unit price of$142.375/acre.This property is located on the south side of Immokalee Road on the S/W corner of Woodcrest Road Planned residential development This tract is located east of Collier Blvd but within the Urban Designated FLU Sale#3 shows an indicated unit price of S147,734racre.This property is located east of Livingston Road and 1.5 miles north of Immokalee Road. Planned residential development. Land values have been rising for development tracts in the Naples market over the past several years.While sale#1 is most proximate to the parent tract ROW it is also the most dated sale.Comps#2 and 3 are more recent sales but further removed from the parent tract ROW Multiple factors considered,a mid-range unit price of Si25,000 acre(or$2 87/sf)is judged to be most reasonable for the Immokalee Road ROW underlying land value in this area("Across the Fence methodology). Underlying Unit Price(subject lands):$125,000/acre or$2.871sf CALCULATION OF ANNUAL LICENSE VALUE:The land area to be licensed includes sigrage footprint,associated entry features and maintenance areas The aggregate size of the license areas comes to 1.934sf(calculated by others).Using the underlying land value unit price estimated above 125.000?acre or$2.87sf)and a common-useltypical land capitalization rate of 10% The annual license fee is estimated as 1,934sf x$2.87/sf x 10%_$555 per year ESTIMATED VALUE OF ANNUAL LICENSE:$555. LAST PROPERTY INSPECTION DATE:N/A DATE OF VALUE:06/28/2017 SIGNATURE OF APPRAISER: (L c' ` ( APPRAISERS NAME:Harry Henderson,SRA i have not previously provided appraisal services involving the subject properly I have no past current or contemplated future interest in the subject property age of___ CP 16.A.12.b Packet Pg. 753 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) SHORT FORM APPRAISAL-COLLIER COUNTY GMD CFRTIFICATL OF APPR\ISAI I hereby certify that,to the best of my knowledge and belief,... The statements of fact contained in this report are true and correct. The reported analysis.opinions.and conclusions are limited only by the reported assumptions and limiting conditions,and are my persnal. unbiased professional analyses.opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report.and I have no personal interest or bias with respect to the parties involved. My compensation(neither salary nor bonus)is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of my employer,the amount of the value estimate.the attainment of a stipulated result.or the occurrence of a subsequent event. My analyses.opinions and conclusions were developed.and this report has been prepared.in conformity with the Uniform Standards of Professional Appraisal Practice. Acceptance and utilization of this appraisal report.or any portion thereof constitutes acknowledgment and acceptance of all the(ieneral Assumptions and Special Conditions contained herein. I have made a personal inspection of the property which is the subject of this report. Unless specifically mentioned in the body of the report.and only to the extent mentioned,no one other than the undersigned contributed any significant assistance in developing the analyses.assumptions and conclusions contained in this report. Harry Henderson.SRA Review Appraiser Collier County.Florida kD3475 Page 3 Page _ of_L 16.A.12.b Packet Pg. 754 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBIT C tg.: tu 4 8 i 11110 i cL 1: • UJitI I'TREE FARMAf, PUD ESPLANADE GOLF AND t.-'' 4r..x..3g.1 COUNTRY CLUB i e'•4.,. i , , ,.... ,•,.. ,Igin Irv.irr-.•24-1; UN It" II1, 1 1 I4- '14, 7- 11:14-1'- h rarim:_to ,,' c,1 1 „„„., 41 11...11,7j- ffini At.' -,1-- o..,- ' 1k TREE FARM I— ADDIE'S CORNER POD 1.i R' ' COMMERCIAL 4 1 ) L ii 1 IIIIIII_ n T... COLLIER COUNTY R 0 W PARCEL a WIDTH VARIES) 141 .----—- 4 COCOHATCHEE CANAL ..,,/ I i ' \— Lif I CI tl *- ope ENTRY SIGN "'--MMQROA 1 1,.25cr IIAMOKff' 1 0 W ALLE ROAD t 1 R k'; II 1p I 1 i 11 1 1 ; 4 1 1 1 t 1 1 11 I Gt...f'-t 4JVof N, t t;,.',C.,1,e,;.',NI SEC 71 TINP 415S ROE JbE PENINSULA 4b r,,,,,9,..tt Dy ALEJANDRO AVILA ENGINEERING'v ADDIE'S EXHIBIT "C" CREEKSIDE WEST ' DLasfro, ty ALEJANDRO RAJA JUNE 20,7 ADDIE'S CORNER ONifong ScRto CORNER INC Pfceof Nofrtfzer P.CRKW-005-005 COVER SHEET f oc ec.perer P-CRKIN-0054305-X.30.1 C—X30 stwe wave. 01 of 03 page ,....i.,of:LI_ C.Ps9 16.A.12.b Packet Pg. 755 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) HIBITp1 tk ADDIE'S CORNER i ESPLANADE GOLF 1 A... COMMERCIAL 1 g AND COUNTRY CLUB j 2 MULTI-USE PATH 7u."..-- Ifir--..--' \--EXISTING 24'WATER MAIN ._ a,......iint4i1P6:11;I ir"!*, • • d• • • • mil* iir IF' . -11204,110401.01k. it IP •.60,.,40.11,..W.. I 14444"444:4011*440fRA041.4t06•::.,....01... 40141111111111r :MW/ p.IW ,H eadiedikt*I*4 tr •.,, lk, 'iiria.,•* 70;444-1;71;71.4•44964• 14:. i ,.., *Ng .. .. -00141.1114,04 4 4 • • • IP • -• • 4ttSI f 1 Ikrtilli* : • 4,-*** • iii*". a w .. -, ., -llr. '414,0 0...414,„•10 ,,..•„,.••••.ir 1 ibra$14, lb .,,. ' r, , brikSTATi•alo 11h...rill -4'6 eib 00.,..--, ,. .,. , ,-,,• 41... i 110.,,I :,.•.kit.4,,. .r.t1p.. Nt.P.04111 6,_ ini...- '-.• ' - - -- - - t4.. -L.". •' - - 0*--4*-€'--.--r=--z .-----'. ----TY"-/-• I t .ANE i - c.o,,,,i-itt -. ' 6ONCRTE r, • ....g. -it 1-- -arc•NE---'-e'r"' • - '-c./ .=--. '4,,,,:'--ealaria Pal%.° ', 02'TRAVEL 1 11‘11.0.44**414-1.10 -,.." 44-“...-+f., „ - ,.,,4'. , . • - LANE I%lik.iikre,R,' '414, . - '' '-'144'4,:e.'k4 ' -::4:^4,A • ''iliatii..64 pox!' .41,*,% 40,,. ,,,„, ,_ , .10,44.IP, , 4. • 73,2.`-r *.',' 441411,411141. "'i --- I•110::•:141,6 ted411.-".411111VAATI. ' .1"°-* --11b' '''&"-” ' 42.4ab qre,elsoffe • -. i , 4#'47^.-'1',0'7,;;01,4171/fLT•'.'•-•"- '--.....;,4"orgirOol2a--4--- ' 01100.0111t i altseib,i."-•,....ibezivvtii,,iimart...0.-- An.....,, _416,ill,,e- ,.,,0 t i erIo-40,.• • - ROPOSED ENTRY4444412.111441L.' 10 1 RRIDOE I BRIDGE RAIL TO BE E XTE NOE 0I TO PROPOSED SiGN 40,4441104e.4,40141146 4/ 0 ft*N1-1"4.0.,..••floti.- 442.1.."...01:Zri• 7/'. PROPO$ED ENTRY 4•44/;,...1II...1...,.,•,„tripe a 401."Kiwiiit 0 SIGN fp; yr PROPOSED ENTRY 4/1.;401,114444440:14:11. SIGN ,. t 4 17 -- : iht•tia!1•11"" 4 pqttiv i-,--, PROPOSED GUARDRAIL_.....40 0 . ri g i.. 6;1 I.N.- 2,, EX.12'RIGHT..../ TURN LANE N. EE IMMOKALEE ROAD EX II TRAVEL EX 1TVEL I.ANLANES r. EX 14"LEFT EX LEFT a v.".;- PENINSULA @ 0.4 ALEJANDRO AREA ENGINEERING 1 ADDIE'S EXHIBIT "C" D,....,by AL.EJAWRO ALMA CREEKSIDE VVEST, ADDIE'S CORNER DT.J4rong Sm4c CORNER INC.P-CRK,N-005-0135 SIGN LOCATIONS Ffl,NaMIDR. P-GRKWOOS-005430-2 C-X30 02 444 03 Page di__ 16.A.12.b Packet Pg. 756 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) I 1 t1 I ADDIE'S CORNER COMMERCIAL z t ESPLANADE GOLF AND COUNTRY CLUB I-; i !2-muLTI-uSE PATH i. , t 1 tiki„*.enop,„ 2•.,•„,./t._., 44-:,.. 61'• will; aRiPROPOgx:IDENTRY A.,.........--. • •s'-'6.11414' I 41—COCOHATCHEE CANAt ----777.:- LANE 6'CONCRETE 1 i 6'CONCRETE r----- PR9RED ENTRY LANE I k1341144:E.4'4 . 110.1674011k. elit1616,...,A11.4 s. 10 •.1.4 6S Alt SO: mi.i Am n I i 1 i I PROPOSED ENTRY e,, SIGN i Ns) e....0— IMMOKALEE ROAD LANDSCAPE INSTALLATION ONLY 7"----.-----2".--- 3`.." c,-- SIGN LEASE AREA 1.934 SF) PROJECT PENINSULA e.• 9ENGINEERINGv ADDIE'S EXHIBIT "C" DAA,1.ALEJANDRO CAWCREEKSIDEVVEST INE24,1 ADDIES CORNER CORNER INC A,,,,tc!NA.,ANA P-CRKW.005-005 SIGN LEASE AREA FA.N,,AN, P CRKW 005-005-X30-3 C-X30 03 , 03 Page y,' Of 1,,,„„,,, y_ , 16.A.12.b Packet Pg. 757 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH. RANGE 26 EAST, LESS AND EXCEPT THE SOUTH 100 FEET THEREOF. COLLIER COUNTY, FLORIDA. PARCEL 2: THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, LESS AND EXCEPTING THE SOUTH 100 FEET THEREOF. PARCEL 3: THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST. LESS AND EXCEPT THE SOUTH 100 FEET THEREOF, COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING THE FOLLOWING DESCRIBED LANDS FROM SAID PARCELS 2 AND 3: A PARCEL OF LAND LOCATED IN A PORTION SECTION 22. TOWNSHIP 48 SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN N.89°57'31"W.. ALONG THE SOUTH LINE OF SAID SECTION 22 FOR A DISTANCE OF 660.31 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTH EAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22: THENCE RUN N.00°44'46"W., ALONG SAID EAST LINE FOR A DISTANCE OF 100.01 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, A PUBLIC RIGHT-OF-WAY OF VARYING WIDTH, THE SAME BEING A POINT 100.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 22, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. THENCE RUN N.89°57'31" W. ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD PARALLEL TO THE SOUTH LINE OF SAID SECTION 22, FOR A DISTANCE OF 824.90 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22: THENCE RUN N.00°38'21" W. ALONG SAID WEST LINE, FOR A DISTANCE OF 43.75 FEET: THENCE RUN N.85°07'28"E. FOR A DISTANCE OF 826.89 FEET TO A POINT ON SAID EAST LINE; THENCE RUN S.00°44'46"E., ALONG SAID EAST LINE FOR A DISTANCE OF 114.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 4: THE SOUTH 100 FEET OF THE THE NORTH 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA. Page, of k4 16.A.12.b Packet Pg. 758 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBIT A CONTAINING 21.83 ACRES MORE OR LESS Page of 16.A.12.b Packet Pg. 759 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) EXHIBIT B s w Ate,. Page, 16.A.12.b Packet Pg. 760 Attachment: Approved License Agreement - 2017 (15558 : Assignment of License Agreement - Addison) 16.A.12.cPacket Pg. 761Attachment: Assignment of License Agreement (15558 : Assignment of License Agreement - Addison) 16.A.12.cPacket Pg. 762Attachment: Assignment of License Agreement (15558 : Assignment of License Agreement - Addison)