Agenda 10/25/2022 Item #16A11 (To update the executed agreement to allow for mangrove trimming and monitoring on County-owned property in the vicinity of Lely Barefoot Beach by the Barefoot Beach Club Condominium Owners Association Inc)10/25/2022
EXECUTIVE SUMMARY
Recommendation to execute a first amendment to the License Agreement between the Barefoot
Beach Club Condominium Owners Association, Inc., and Collier County to allow for mangrove
trimming and monitoring on County-owned property in the vicinity of Lely Barefoot Beach.
__________________________________________________________________________
OBJECTIVE: To update the executed agreement to allow for mangrove trimming and monitoring on
County-owned property in the vicinity of Lely Barefoot Beach by the Barefoot Beach Club
Condominium Owners Association, Inc. (Barefoot).
CONSIDERATIONS: On June 28, 2022, the Board of County Commissioners (Board) entered a
second agreement with the Barefoot Beach Club Condominium Owners Association, Inc. for the
trimming of the mangrove forest on County--owned property in the vicinity of Lely Barefoot Beach
(Attachment “A”). The proposed first amendment to the license agreement between Barefoot
Beach Club Condominium Owners Association and the County is to up date Exhibit one of
the agreement, which clarifies the extent of the County owned property (Attachment “B”).
FISCAL IMPACT: There is no negative impact to the County. The County benefits by having
Barefoot maintain the County property.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. (HFAC)
RECOMMENDATION: Approve the proposed first amendment to the License Agreement between
the Barefoot Beach Club Condominium Owners Association, Inc. and Collier County.
Prepared by: Michael Bosi, Director, Zoning, Growth Management Community Development
Department.
ATTACHMENT(S)
1. EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64)
(PDF)
2. 1st amendment to license agreement (PDF)
16.A.11
Packet Pg. 603
10/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 23418
Item Summary: Recommendation to execute a first amendment to the License Agreement between the Barefoot
Beach Club Condominium Owners Association, Inc., and Collier County to allow for mangrove trimming and
monitoring on County-owned property in the vicinity of Lely Barefoot Beach.
Meeting Date: 10/25/2022
Prepared by:
Title: Zoning Director – Zoning
Name: Mike Bosi
09/19/2022 11:28 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
09/19/2022 11:28 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 09/19/2022 11:29 AM
Growth Management Department Diane Lynch Growth Management Department Completed 09/22/2022 7:02 PM
Growth Management Department Mike Bosi Transportation Skipped 09/19/2022 11:28 AM
Growth Management Department James C French Growth Management Completed 10/11/2022 12:26 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/14/2022 8:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2022 9:58 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/14/2022 10:01 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/14/2022 2:23 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/19/2022 2:31 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM
16.A.11
Packet Pg. 604
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.
NEW** ROUTING SLIP
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
r2
4. BCC Office Board of County
Commissioners ilm by fl 7/5/22
5. Minutes and Records Clerk of Court's Office
fSC K112.—
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's at r 2 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
f\
an option for
Attorney's Office has reviewed the changes,if applicable. 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 k L', an option for
Chairman's signature. 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
16.A.11.a
Packet Pg. 605 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
This instrument prepared by
and,after recording,return to:
Andrew Dickman,Esq.
DICKMAN LAW FIRM
809 Walkerbilt Road,Ste.6
Naples,FL 34110
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"I" (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
16.A.11.a
Packet Pg. 606 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
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
16.A.11.a
Packet Pg. 607 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
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
16.A.11.a
Packet Pg. 608 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
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
16.A.11.a
Packet Pg. 609 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
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
16.A.11.a
Packet Pg. 610 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
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 0 day of 4f z___/ 2022.
yy-itn esses
a.:
BAREFOOT BEACH CLUB CONDOMINIUM
y
OWNERS ASSOCIATION, INC., a Florida
J non-profit corporation
Print Name:711 e m A . A• /-3 C,2_
By:Oe 4/R.146.4,/
171rd(4Zed
j...0%.41,
Print Name: Eiztt L , (ieiot-t-i1&71-
rint Name: 4 3AY(-zit_(2 Title: Keil Di_1r7—
CORPORATE SEAL]
STATE OF FLOvAj,
COUNTY OF ((
Sworn to (or affirmed) and subscribed before me bymeans of 7 sical presence or E online
notarization,this 070Eh day of 0 pf i I 2022, by -err y tiezi
Nadialisida4.---, „Lea/rvy4 ---P9 Alliziy
4
YP DEANNAM.DAVIDSON Signature of Notary Public
i'FR; ,•. ?._ MY COMMISSION#GG 287212
Dear)a•,--4: EXPIRuE,,Se:,April 3,2023 atc/i /çf)oF v°p' Bonded Thru Notary Public Underwriters
Name of Notary (typed,printed, or stamped)
2"Personally Known or Produced Identification
Type of Identification Produced:
Page 6 of 7
16.A.11.a
Packet Pg. 611 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
EXECUTED by BOARD OF COUNTY COMMISSIONERS COLLIER, COUNTY,
FLORIDA this Jr day of 5 u L-2022.
ATTEST:BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
Ce)Afii*Ide,
1rysta1 K. Kinzel,C1 of it Alfgrourt
Kit't
Comptroller Colt Co ty, Florida Print Name: Vv t 111G L . m ' iSc r c ) Jr .
Ct tirAttest*to Cltiit1Mtil!'!, rnaN
signature Only.,
APPROVED AS TO FORM AND
LEGALITY :
0)A°
Heidi Ashton-Cicko
Managing Assistant County Attorney
Page 7 of 7
16.A.11.a
Packet Pg. 612 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
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November 08,2012 212'37 p.m.
Drawing: 8BCA1 EXHIBIT 1.DWG
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County Property ENYIRONA/ENTAL AGIRINE CONSULT/WC
PORT MYERS, FL (2399 334-3880
16.A.11.a
Packet Pg. 613 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
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EXHIBIT 2 — BAREFOOT PROPERTY
16.A.11.a
Packet Pg. 614 Attachment: EXECUTED License Agreement between Barefoot Beach and Collier County (00157780xE1F64) (23418 : Barefoot Beach Club
16.A.11.b
Packet Pg. 615 Attachment: 1st amendment to license agreement (23418 : Barefoot Beach Club license agreement first amendment)
16.A.11.b
Packet Pg. 616 Attachment: 1st amendment to license agreement (23418 : Barefoot Beach Club license agreement first amendment)
16.A.11.b
Packet Pg. 617 Attachment: 1st amendment to license agreement (23418 : Barefoot Beach Club license agreement first amendment)