Loading...
Backup Documents 04/12/2022 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 13 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 Offic/o I r �+ than Monday preceding the Board meeting. i7s, ee' deI'( **NEW** ROUTING SLIP N "�'� 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 n p q)1312 4. BCC Office Board of County Commissioners �//l'� �y toy yl1 Yl z2 5. Minutes and Records Clerk of Court's Office Nati 4f3 7 4 ?1444% 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 Pamela Lulich/GMD-Road Maintenance Phone Number 239-252-6291 Contact/Department Agenda Date Item was 4/12/22 Agenda Item Number 16A l Approved by the BCC Type of Document Agreemenerre, Number of Original 1 Attached • )Documents Attached PO number or account 103-172929-341490 number if document is to be recorded (F INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? PL 2. Does the document need to be sent to another agency for additional signatures? 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 PL signed by the Chairman,with the exception of most letters,must be reviewed and signed 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 PL document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 t p-L iZZ and all changes made n N/A is no during the meeting have been incorporated in the attached document. The County lip an op _ Attorney's Office has reviewed the changes,if applicable. L this 1' 9. Initials of attorney verifying that the attached document is the version approved by the N/A is` BCC,all changes directed by the BCC have been made, and the document is ready for the an option.for, Chairman's signature. this lin( 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 I 6 A 13 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, April 29, 2022 10:49 AM To: lulich P Subject: Recorded LMA Item #16A13 4-12-22 BCC Meeting Attachments: Recorded LMA (Item #16A13 4_12_22 BCC Meeting).pdf Good Morning Pam, Please see the attached for your records. Receipt attached. Thank you. Ann Jennejohn 13MR Senior Deputy Clerk II �rt„} Clerk to the Value Adjustment Board �r�•,r Office: 239-252-8406 r, Fax: 239-252-8408 (if applicable) Ann.Jenn4john@CollierClerk.com • rryrJfkaaK�n `, "� Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #4O1 Naples, FL 34112-5324 www.Coll ierCl erk.com i INSTR 6238641 OR 6114 PG 2865 RECORDED 4/21/2022 9:18 AM PAGES 7 i k 13 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC $61.00 TEMPORARY ACCESS AND LANDSCAPE EASEMENT AND AGREEMENT (FREEDOM PARK BYPASS CANAL BANK STUDY USING NATIVE LOW-GROWING GRASSES) THIS TEMPORARY ACCESS AND LANDSCAPE EASEMENT AND AGREEMENT is made and entered into this 1.2th day of April 2022, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida (hereinafter referred to as "Grantor"), to NAPLES BOTANICAL GARDEN, INC., a Florida Not For Profit Corporation, whose mailing address is 4820 Bayshore Drive, Naples, FL 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) RECITALS: WHEREAS, the Naples Botanical Garden ("Grantee") seeks to conduct a Big Cypress Basin of the South Florida Water Management District contracted study ("Study") using native low-growing ground cover ("Plantings") along a stretch of canal bank at the Freedom Park Bypass Canal ("Canal"); and WHEREAS, the purpose of the study is to determine the feasibility of using an alternative to traditional sod in order to reduce mowing and operational costs as well as maintain canal bank stabilization. This would also improve water quality in downstream water bodies by reducing the amount of organic-rich grass clippings in canals from mowing; and WHEREAS, the Grantee seeks to use two 80-foot sections on each of the north and south banks of the Canal for the Study and Plantings; and WHEREAS, the Canal is located along the north side of the Fred W. Coyle Freedom Park and is managed by Collier County Stormwater Management; and WHEREAS, the Plantings will be installed at the onset of wet season of 2022 and be monitored through August 2023; and WHEREAS, the Grantee seeks authority to install, maintain, access, study, rope off, and provide public awareness signage for the Plantings; and WHEREAS, Collier County ("Grantor") will have no maintenance obligations or responsibilities for the Study or Plantings. NOW, THEREFORE, this TEMPORARYACCESS AND LANDSCAPE EASEMENT AND AGREEMENT is made and entered into by the Grantee and the Grantor: [22-TRM-00369/1705832/1] Page 1 of 4 GAO t6l3 WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Access and Landscape Easement to enter upon and to install, maintain, study, exclude others from, and place public awareness signage on the lands described as follows: SEE ATTACHED EXHIBIT"A", attached hereto and made a part hereof(hereinafter referred to as "Easement Property") This is a non-exclusive Easement with Grantor, reserving the right to continued free use of the Easement Property in a manner not inconsistent with the rights granted herein to Grantee, subject to the following terms and conditions: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication to or for the general public and this Easement shall be strictly limited to and for the purposes expressed herein. 3. Use. The Easement Property may be used by Grantee, its contractors, agents, and assigns for the purpose of access, installation, location, construction, operation, signage, exclusion, and maintenance of the Study and Plantings. 4. Reasonable Use. The rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the Easement Property. Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. Grantee agrees to waive any claim of damage to the Easement Property arising out of the Grantor's maintenance activities within the Easement Area, whether such damage is intentional or unintentional. 5. Notice. In the event any damage caused or believed to be caused by Grantee to Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such damage, to notify Grantee in writing, in care of the following individual and address, by certified mail, return receipt requested: Marshal Miller - Road, Bridge, and Stormwater Maintenance Division Transportation Management Services Department 2885 South Horseshoe Drive, Naples, Florida 34104. 6. Grantor's Obligation. Grantor agrees not to do or commit any acts which would interfere with the rights granted to Grantee under this Easement. [22-TRM-00369/1705832/1] Page 2 of 4 CA o 16A13 7. Access Through Freedom Park and Public Awareness Signage. Any access to the Easement Property through Freedom Park (from outside of the Easement Property) and Public Awareness Signage shall be coordinated with and authorized in advance by the Collier County Parks and Recreation Department, in care of the following individual and contact information: Melissa Hennig, Regional Manager- Parks and Recreation Division Public Services Department 15000 Livingston Rd., Naples, FL 34109 (239) 252-2957 I melissa.hennig@colliercountyfl.gov 7. Covenants Run with the Land. The covenants, rights, restrictions, reservations and Easement herein set forth are and shall run with the land. 8. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner of and has good and marketable legal title to the Easement Property; that Grantor has the full right, power and authority to grant this Easement to Grantee, and all other rights granted hereunder; and that Grantor agrees that in the event another party attempts to and/or does not set aside this Easement based upon a superior right in the Easement Property, or commit any act which would in any way nullify or interfere with the rights granted hereunder, the Grantor will take all such steps as shall be necessary and appropriate to secure to Grantee the rights and interests secured hereunder. 9. Indemnification. Grantee agrees for themselves and their successors and assigns that they shall release, indemnify and hold the Grantor harmless for and against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable attorney's fees and court costs) including personal injury or property damage arising out of the use of the Easement Property by the Grantee, their respective contractors, agents, employees or invitees. Further, Grantee, for themselves and their successors and assigns agrees to release and hold the Grantor harmless from and against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable attorney's fees and court costs) including personal injury or property damage arising out of the use of the Easement Property by the Grantor, including but not limited to, damage which may occur during the normal operation, maintenance, repair and/or replacement, as applicable, of the Easement Property. 10. Termination. All rights granted hereunder shall terminate on September 1st, 2023 ("Termination Date"), without the necessity of any, further instrument of record. The Grantor, at the sole discretion of the County Manager or designee, shall notify the Grantee by August 1st, 2023 whether the Easement Property must be restored to its original condition by the Termination Date at the sole cost of the Grantee. [Signature Page to Follow] is I'. [22-TRM-00369/170583211] Page 3 of 4 C� 16A13 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair of said board, and the Grantee has caused these presents to be duly executed, this 1.2thday of April 2022. AS TO GRANTOR: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO RIDA r By: (A i as Deputy Clerk Willi L. McDaniel, Jr., Chairman gkinature only AS TO GRA TE Witness #1 11 ignat re ' 1k e,,,,e lq G\.0 1- NAPLES TANICAL GARDEN, INC. Witness #1 Printed Name 1/4"•--/-1 u. r c,.-.c4,__ By: Witness#2 Signature Donna cG n i , President and CEO (--c,t,,,-, f i s-s t I e Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing TEMPORARY ACCESS AND LANDSCAPE EASEMENT AND AGREEMENT was acknowledged before me by means of physical presence this 01 day of March 2022 by Donna McGinnis, President and CEO of NAPLES BOTANICAL GARDEN, INC., who ❑ is personally known to me or l©has produced I x 0L ice\;t;.) 1--}3 t,., 'd-kls identification. r;Q1►►Yi,i;::. THERESACASADY 0 �\ `,(� " 't ,- ',c a 7-[ ,1)() ==. I • • Notify Public•State of Florida I Notary Public/State of Florio I �, Commlulon R MM 331140 0 \ I ' .' My Comm,blplrai Jan 30,3036 - r Printed Name of Notary Public oved as to form and legality: ApP a(-1,--- - erek D. Perry �Lv Assistant County Attorney C ,L\� [22-TRM-00369/1705832/1] Page 4 of 4 16A13 Exhibit "A" Legal Description A drainage canal known as the Freedom Park Bypass Canal located along the northern side the Fred W. Coyle Freedom Park, lying in Section 27, Township 49 S, Range 25 E, Collier County, Florida, being more approximately described as follows: Beginning 20 feet East from the Northwest corner of Lot 11, Naples Improvement Company's Little Farms, according to the plat thereof, recorded in the Public Records of Collier County, Florida, in Plat Book 2, Page 2, Public Records of Collier County Florida. Thence eastward along Lot 11's north line for 1,500 feet; Thence southward for 60 feet; Thence westward perpendicular to Lot 11's north line for 1,500 feet; Thence northward for 60 feet; to the Point of Beginning of the Parcel described herein. Containing 90,000 Square Feet or 2.07 Acres, more or less. Subject to the Easements and Restrictions of Record. Collier County Property Appraiser's Parcel No. 13800022000 [22-TRM-00369/1705832/1] Page 1 of 3 Exhibit"A" ,40 1613 Exhibit"A" Approximate Sketch of the Freedom Park Bypass Canal • y : '•�- . ir .•,.: „.- . ..i . . •:-._..,::,•,,,2„..... , ... .,:,41'i' $-,;;,..,..„,,m,,,,i V C ice- r t1` 2 F ti a' �• o"x�'^ Qom'•. , W .. __::x oo ftetfe Frank Road North y y -. aF �+�u.i�Fx 9�Y� dI , •3•' ,aa ; Y si`a.�'. " ::fin' .v 01 '. . ir g - ,rt .- ;', NORTH .d' ram: Y•¢'^`§�' fy � "� ... 1 _ , ' `1 •,_g, e. `ray [22-TRM-00369/1705832/1] Page 2 of 3 Exhibit "A" C' J 16A13 Exhibit "A" Approximate Canal Study and Plantings Locations 0 - 4� 1. y- • ;' 1 1 ,a , ',-,t:-'-' 1,,,--;:-,,-,- ..., _-...-- ,Ifi fill": . o s cC��' ���, : s fi` � � �� \ 1, -- ;. V! may.` u. TT c .. t y ,l i .� 'V— tix S d fir ' U J s i Its sA "`Y -'„,-,.,.,I2t,1 t -" ` • „ ,_ *x- '.'- xrr,_. . fir^ . .���. [22-TRM 00369/170583211] Page 3 of 3 Exhibit "A" i 0 U