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Backup Document 06/28/2022 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i OA 8 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. **NEW** ROUTING SLIP4C-apt �1�. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alread omp ete 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 Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. • 2. 3 County Attorney Office County Attorney Office I VA 6-2S 4. BCC Office Board of County Commissioners (.t/f►'l 6y,l /5/ 7/5/22 5. Minutes and Records Clerk of Court's Office 1(5122- I 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 Mike Bosi/Zoning-GMD Phone Number 252-1061 Contact/ Department Agenda Date Item was 6-28-2022 Agenda Item Number 16.A.8 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account 138-326-341950 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) 1. Does the document require the chairman' .o_igi �i___guziurA? mpb 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 mpb 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 mpb 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 mpb signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip mpb 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 June 28,2022 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County CNC an option for Attorney's Office has reviewed the changes,if applicable. ff�� this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the � L an option for Chairman's signature. T\ [' this line. 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 Receipt# 008591540 7/6/2022 12:45:23 PM cr Crystal K. Kinzel 16 A 8 Clerk of the Circuit Court and Comptroller 0 0 - o 0 gif Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD/MINS Maritza Orengo Collier County Govt. Center & REC Maritza.Orengo@CollierClerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 (239) 252-2646 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112 Naples, Florida 34112-4901 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Agreement 6278491 6149 535 $78.00 TOTAL AMOUNT DUE $78.00 Clerk Account#: BCC ($78.00) BALANCE DUE $0.00 Note: 7/6/2022 12:45:23 PM Maritza Orengo: Charge 138-326-341950 Department-GMD/Zoning Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. ©CDURI@Tgil®ITBZogglIM Page 1 of 1 16A 0 �. This instrument prepared by and,after recording,return to: INSTR 6278491 OR 6149 PG 535 Andrew Dickman,Esq. RECORDED 7/6/2022 12:45 PM PAGES 9 DICKMAN LAW FIRM CLERK OF THE CIRCUIT COURT AND COMPTROLLER 809 Walkerbilt Road,Ste.6 COLLIER COUNTY FLORIDA Naples,FL 34110 REC$78.00 (For Recorder's Use Only) LICENSE AGREEMENT This LICENSE AGREEMENT (hereinafter"License") is made effective on this 12th day of December, 2022, by and between BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC., a Florida non-profit corporation (hereinafter "BAREFOOT"), whose principal address is 259 Barefoot Beach Blvd., Bonita Springs, Florida, 34134, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter"COUNTY"), whose principal address is 3299 Tamiami Trail E, Suite 303,Naples, FL 34112. BAREFOOT and the COUNTY may at times be referred to as a "Party"or collectively as the "Parties." WITNESSETH WHEREAS,the COUNTY is the owner of certain real property located in Collier County, Florida, more specifically described in Exhibit"1" (hereinafter"County Property"). WHEREAS,BAREFOOT is the owner of certain real property directly abutting the County Property, more specifically described in Exhibit"2" (hereinafter"Barefoot Property"). WHEREAS, a significant number of BAREFOOT condominiums are oriented towards mangroves on County and Barefoot Property, which require trimming from time to time under a Florida Department of Environmental Protection permit. Page 1 of 7 1 6 A 8 WHEREAS, BAREFOOT seeks the COUNTY's authorization to perform mangrove trimming, management, and monitoring activities on the County Property. WHEREAS,to obtain a permit from the Florida Department of Environmental Protection, this Agreement is required. WHEREAS, the Parties had previously entered into a ten-year License Agreement on December 11, 2012, to permit BAREFOOT to access County Property for the purpose of routine activities described in this Agreement. WHEREAS, in recognition of BAREFOOT's need to conform with Florida Department of Environmental Protection Mangrove Trimming, the COUNTY desires to grant BAREFOOT a license to perform mangrove trimming, management, and monitoring activities. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties intending to be mutually bound, hereby agree as follows: 1. Recitals; Exhibits. The above recitals are true and correct and along with all exhibits attached hereto, which are incorporated herein by this reference. 2. Grant of License to BAREFOOT. The COUNTY hereby grants to BAREFOOT and its successors and assigns, a license, over, under, across, and through the County Property for the limited purpose of performing periodic trimming, management, and monitoring of the native and exotic vegetation, including mangrove trees and mangrove fringe areas, together with associated rights of pedestrian ingress and egress only as may be reasonably necessary to perform such trimming, management, and monitoring. Trimming shall be conducted by BAREFOOT as limited by permits issued by the Florida Department of Environmental Protection. In conjunction Page 2 of 7 ibA 8 therewith, BAREFOOT shall perform periodic maintenance, including, but not limited to, the removal of exotic vegetative species within the County Property and the removal of any debris or trash material on the County Property at the time of performing the periodic trimming. 3. Permits. BAREFOOT is responsible for obtaining, at no cost or expense to the COUNTY, all federal and state permits and approvals necessary or appropriate to conduct the proposed trimming, management, monitoring, and maintenance activities within the County Property. The use by BAREFOOT, and its employees, agents, contractors, representatives, or invitees, of the County Property, shall, at all times, comply with all applicable federal, state and local laws, rules regulations, orders and requirements. The Parties agree that the rights hereby granted by this License shall be sufficient to satisfy the riparian rights requirements necessary for BAREFOOT to conform with the requirements and conditions of the Permit. 4. Responsibility for Fines. Should BAREFOOT's activities on the County Property, whether intentionally or negligently, violate any lawful and applicable governmental entities' permits, requirements, rules, acts, orders, regulations and restrictions, BAREFOOT shall be responsible for full payment of any fines, fees, charges, or penalties resulting therefrom. 5. Indemnification. BAREFOOT does hereby agree to indemnify, defend and hold the COUNTY harmless from and against any and all liability, claims, damages, costs and expenses arising in connection with personal injury, property damage, liens or violations of any Permits or other governmental laws, rules or regulations, suffered or occurring as a result of BAREFOOT's activities within the County Property, whether conducted by BAREFOOT or its employees, agents, contractors, representative, or invitees. Said indemnification and hold harmless shall include but not be limited to fines, fees, charges, penalties, and any and all injuries sustained by persons or property that may be incurred due to BAREFOOT's action or inaction Page 3 of 7 leA 8 under this License, including but not limited to, misfeasance, malfeasance, nonfeasance, negligence, or failure to carry out the terms and conditions of this License, as well as the responsibilities and related duties assumed herein by BAREFOOT. This indemnification shall include attorneys' fees and costs pre-suit and at the local and appellate court levels. 6. Sovereign Immunity. Nothing herein shall constitute waiver of any immunity enjoyed by the COUNTY under its sovereign authority. 7. Amendment; Waiver. This License may only be assigned, amended, or modified by an instrument executed by the COUNTY and BAREFOOT. No waiver of any provision hereof shall be effective unless done so in writing signed by the party entitled to enforce such matter, nor shall any single waiver constitute a waiver of any subsequent obligation. 8. Effective date. The effective date is the day the prior aforementioned License Agreement expires. 9. Duration. This License shall automatically expire ten (10)years from the date approved and executed by the COUNTY. The duration may be extended by written amendment. 10. Termination. The COUNTY maintains the discretion to terminate this License at any time, with or without cause, immediately upon written notice to BAREFOOT, after a duly noticed public hearing. Notice does not mean the placement of an advertisement in the newspaper. 11. Enforcement. Enforcement of the terms,provisions and restrictions of this License shall be at the reasonable discretion of the Parties, and any forbearance on behalf of a Party to exercise its rights hereunder in the event of any breach hereof by the other Party shall not be deemed or construed to be a waiver of the non-breaching Party's rights hereunder. The Parties may enforce the terms and conditions of this License by injunctive relief and other appropriate Page 4 of 7 1 6 A 8 available remedies. The Parties agree that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. 11. Counterparts. This License may be executed in two or more separate counterparts, each of which shall be deemed an original, and all of which when taken together, shall constitute one and the same instrument. 12. No Third-Party Beneficiaries.No person or entity shall be deemed a beneficiary of the terms of this License,unless specifically provided for herein. This License shall not constitute dedications to the public, and no member of the public shall have any rights hereunder. 13. Assignment. This License is not assignable. 14. Notices. Any notices to be delivered pursuant to this License shall be delivered to the parties at the addresses set forth in the preamble hereof. A Party may change its address for notice purposes by delivering written notice thereof to the other party. Notices required by this License shall be effective if delivered by hand,overnight courier service, facsimile,or U.S. Mail,postage prepaid. Notices shall be deemed received within five(5)days of deposit in the mail if sent by U.S. Mail, upon receipt by the sender of an electronic confirmation if sent by facsimile, upon delivery if hand delivered,and one(1)business day with any overnight courier service if sent in such manner. [Signature page to follow] Page 5 of 7 16A _ 8 IN WITNESS WHEREOF, the undersigned have signed and sealed this document of the day and year hereinafter set forth. EXECUTED by BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC. this 20 day of 4 f , 2022. Witn sses: BAREFOOT BEACH CLUB CONDOMINIUM OWNERS ASSOCIATION, INC., a Florida non-profit corporation ..,,.a. ,,,,--;.__________ Print Name:1emAs A. 73CP____ By: J.,,,,, oe 41,,,,,...,..,, paa,12-4, Print Name: /E �'l L, W I.er LiPrint Name:017 4✓ 6U(2d2 Title: Pit'ei/DL=/ll7 [CORPORATE SEAL] STATE OF FLOAI CoDAI� ,�r COUNTY OF II j Sworn to (or affirmed) and subscribed before me bymeans of 7hy_p_ sical resence or ❑ online notarization,this 9d�h day of 0 pri I , 2022, by l 'rry L.Jc( ' NOTARY S L_L --- - - a/r/i 1a sin ,-/ ' kA;;:6 DEANNA M.DAVIDSON Signature of Notary Public ' . ' MY COMMISSION#GG 287212 1 :".,' , qi EXPIRES:April 3,2023 Deal r' ill l);Aii 4ScY) .'.fOF F1.0�:e` Bonded Thru Notary Public Underwriters • Name of Notary (typed,printed, or stamped) personally Known or ❑ Produced Identification Type of Identification Produced: Page 6 of 7 16A 8 EXECUTED by BOARD OF COUNTY COMMISSIONERS COLLIER, COUNTY, FLORIDA this Jr day of 311 rte.- , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ,A0 A?, rystal K. Kinzel,C14. of it ji ourt / &Comptroller No- o ty, Florida Print Name: V 1 I I ) L • m c 66'k r c• � �r Attest as'tQ Chalinulet CIr'r1'lAN signature only., APPROVED AS TO FORM AND LEGALITY : 0'11( Heidi Ashton-Cicko Managing Assistant County Attorney Page 7 of 7 16A 8 t- . ' "• •— ' — a e \ s • c aa ••dip, -� xc \1` I—''' `; �*4. •i —"-.44 — — �.���� 135 0 200 400 --Wee —"'� =-4-. �♦��e j SCALE FEET ,' ;'l♦,+ Nikdrkgry ` • �'44 'a r p `. I 1 C. r•--1, 4 ` -X -.1 t - - o 11 r e 1 ' I'• "♦ e �i�` I. 1 .AO,- j i _'►1r..I..I r — 0'lt'� a rr'�-11r IV-NA,- a . 4,, *Amos,. . Legend \V " +,,.0.e=�` a ,, 4020' 1 — — — Ec�e of MBr1g^ove Area \ :;� • ri f ----— Properly Bandar),Line ,ice �\ .9. r - - _. Canty Properly-No Mangrove TrtrrrOg 0144`4`4 Mangrove Trimming �a ` Ittel.4... comfy properly 1, PERMIT USE ONLY, NOT FOR CONSTRUCTION November D8, 2012 2:12.37 p.m. Drawing: BBCA1 EXHIBIT 1.DWG 1 IExhibit 1 W DEXTER BENDER i ^ j & ASSOCIATES, INC. ,, County y Property R FORT MYE'RS, FL .23 J 3 3 45 3 8 810 C 16.A 8 • ►, . •. h- - North a. v it ,;.:, _ l i.V. 1 3 O Of a 1 .l �� ...rYIY 4 ..... ,, sa v, ,^ , . ` - :-: . ' f a , - • • ••, ,,,*4.4. _ , j y1 1.110146111t . F_ fun EXHIBIT 2 — BAREFOOT PROPERTY