Backup Documents 03/26/2024 Item #16F12)1' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP •
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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 Coun Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney's Office County Attorney Attn: Colleen M. Greene Or 3 �0�1 �1"A l
2. BCC Office Board of County
Commissioners Cif 17 * ?/21/1'`(
3. Minutes and Records Clerk of Court's Office I 91"574144t_
lllaV NAif
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of documents to Jeremiah.Westerfield@colliercountyfl.gov
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 Jeremiah Westerfield/Real Property— Phone Number 239-252-8917
Contact/Department Facilities Management
Agenda Date Item was March 26,2024 Agenda Item Number 16.F. 12
Approved by the BCC
Type of Document First Amendment and Extension to Number of Original 1
Attached Agreement Documents Attached
PO number or account N/A
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)
yfr
1. Does the document require the chairman's original signature? Stamp OK N/A
,VY 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
signed by the Chairman,with the exception of most letters,must be reviewed and signed JW
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 JW
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 JW
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 above date,and all changes made during JW N
the meeting have been incorporated in the attached document. The County an op
Attorney's Office has reviewed the changes,if applicable. 's I'w,'
9. Initials of attorney verifying that the attached document is the version approved by the i l
BCC,all changes directed by the BCC have been made,and the document is ready for the ,r I z n off.
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
16F12
FIRST AMENDMENT AND EXTENSION TO AGREEMENT BETWEEN
THE VILLAS AT BAREFOOT BEACH HOMEOWNERS ASSOCIATION, INC.
AND COLLIER COUNTY
FOR THE BAREFOOT BEACH NORTH ACCESS PARK PROPERTY
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This FIRST AMENDMENT and EXTENSION is entered into this day of
, 2024, by and between The Villas at Barefoot Beach Homeowners Association, Inc.
whose post office address is C/O Ability Property Management Services, 6736 Lone Oak
Boulevard, Naples, Florida, 34135, and the Collier County Board of County Commissioners
("County"), a Political Subdivision of the State of Florida, whose post office address is 3299
Tamiami Trail East, Suite 300,Naples, Florida 34109.
WHEREAS,the County and The Villas at Barefoot Beach Homeowners Association, Inc.
entered into an Agreement for the maintenance of the conservation area on both parties' parcels at
their own expense, dated December 10, 2019, attached hereto as Exhibit A; and
WHEREAS, The Villas at Barefoot Beach Homeowners Association, Inc. have requested
to extend the term of the Agreement for an additional six years while also implementing certain
necessary housekeeping modifications; and
WHEREAS, the Board of County Commissioners agrees to amend and extend the
Agreement and finds that there is a public purpose for the Parties to continue to work
together for the benefit of the Barefoot Beach North Access Park Property, which is a
County beach park facility.
NOW, THEREFORE, in consideration of mutual benefits and other good and valuable
consideration the Agreement is amended and extended as follows:
1. This First Amendment and Extension shall be effective on December 10, 2023.
2. In accordance with Section C.1. of the Agreement, the original term ended on
December 10, 2023. Section C.1. is amended as follows:
This Agreement shall be valid for four years from the date of execution from
December 10, 2023 through December 10,2030, and may be extended by either Party
with 60 days written notice and approval by the Board of County Commissioners.
3. Paragraph C.5. of the Agreement is deleted in its entirety and replaced with the
following:
1
Barefoot Beach North Access Park Property
Collier County and Villas at Barefoot Beach Homeowners Association,Inc.
Date:January 12,2024
CAO
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IF THE VILLAS AT BAREFOOT BEACH HOMEOWNERS
ASSOCIATION, INC. HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT Division of Communications, Government
& Public Affairs,3299 Tamiami Trail East, Suite 801, Naples, FL 34112
email publicrecordsrequest(aicollicrcountvfl.gov.
The Villas shall comply with public records laws, specifically to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
4.Upon completion of the contract. transfer. at no cost, to the public agency all public
records in possession ot'the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract.the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency,upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
4. Section C.6. of the Agreement is amended as follows:
6. NOTIFICATION
All notifications and communications regarding activities covered by this
First Amendment and Extension will be made in writing to the parties as
follows:
a. The Villas at Barefoot Beach Homeowners Association. Inc.
ee Attention: HOA President
27I Qn nay t andin., Drive Suite 4
c/o Ability Property Management Services
2
Barefoot Beach North Access Park Propcn
Collier Counts and Villas at Barefoot Beach Ilomcimners Association,Inc
Date.January 12.2024
CA(
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6736 Lone Oak Boulevard
Naples,Florida 34109
b. Collier County
c/o Parks& Recreation Director
15000 Livingston Road
Naples, FL 34109
Email:parksandrecreationncolliercountyfl.gov
IN WITNESS THEREOF. County and The Villas at Barefoot Beach Homeowners
Association, Inc., by an authorized person or agent, have executed this FIRST AMENDMENT
and EXTENSION on the date first written above.
AS TO COUNTY:
ATTEST:
CRYSTAL
d Clerk of the BOARD OF COUNTY COMMISSIONERS
Cp Circuit ttr,tandn n oIler COLLIER NTY,FLORIDA
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By:
t 6 au , k CHRIS HALL„Chairm n
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olleen M. Greene, Assis t County Attorney
THE VILLAS AT BAREFOOT BEACH
HOMEOWNERS ASSOCIATION, INC., a
Florida not-for-profit corporation
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(print name) , President
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Witness(signature)
4/9/)&,-,.._
(print name)
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Barefoot Beach North Access Part Pii)
Collier County end Villas at Barefoot Beach Homeowners Assoc ion,Inc.
Date:January 12,2024
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EXHIBIT •
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AGREEMENT BETWEEN
THE VILLAS AT BAREFOOT BEACH HOMEOWNERS ASSOCIATION,INC.
AND COLLIER COUNTY
FOR THE BAREFOOT BEACH NORTH ACCESS PARK PROPERTY
This Agreement is entered into this Jo day of 2019. by and between The Villas at
Barefoot Beach Homeowners Association,Inc..with lull power and authority to protect,conserve.
and sell both the legal and beneficial interest in the real estate conveyed as set forth in Florida
Statute 689.07(1).a Florida Not For Profit Corporation("Villas").27180 Bay Landing Drive,Suite
4. Bonita Springs, Florida 34135. and the Collier County Board of County Commissioners
("County-). a political subdivision of the State of Florida, whose post office address is 3299
Tamiami Trail East. Suite 300. Naples. F(. 34112.
WHEREAS. the Collier County Board of County Commissioners and The Villas at
Barefoot 13cach Homeowners Association. Inc.wish to establish an Agreement between the parties
to provide mutually beneficial support in their respective efforts for continuing maintenance of the
conservation area on both properties' parcels:and
WHEREAS, each Party is committed to maintaining its respective property in a manner
consistent with past practices and consistent with the terms of this Agreement at each Party's own
expense:and
WHEREAS,the Board of County Commissioners finds that there is a public purpose for
the Parties to work together for the benefit of the Barefoot Beach North Access Park Property.
which is a County beach park facility.
A. Location
1. Collier County Parks and Recreation Property
The Barefoot Beach Access Park property is the northern most bcachfront property in
Collier County,Florida. The property is contiguous to the Villas property on the south and
east.
(19•PRM-00494/1490137/1(
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EXHIBIT A
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2. Property Location -Villas of Barefoot Beach Property Within the Dune Area
The Villas at Barefoot Beach Home Owners Association is the northern most beachfront
development in Collier County. Florida. it abuts the County Park as shown in Exhibit"A".
The property includes part of the fore dune area on the south side of the park and part of
the vegetated back dune areas on the east and north side of the park. The parcel is
approximately 8 acers and contains 50 single family residences.
B. Maintenance Provisions
The County and Villas will maintain their respective properties each Party to bear their
own cost for each activity. Maintenance activities will include but not be limited to:
I. The County and the Villas will each perform a wildlife survey to locate and mark any
existing gopher tortoise burrows.as required by Federal Law.prior to commencement
of any maintenance activities.
2. The County and the Villas will trim dune vegetation areas under the following
conditions:
a. Trimming north of the Villas residential structures will occur at a minimum of
(no shorter than) 6 feet in height. Florida Department of Environmental
Protection (Ft)EP) advised they accept the Villas traditional trimming heights
of 42 inches west of the Villas residential structures on both County and Villas
property in the area it has been maintained historically. The area approved for
a 42-inch height is delineated in Exhibit"A".
b. The County and the Villas arc only responsible and authorized to trim areas
within their respective property boundaries.
c. Trimming will occur outside of sea turtle season and will be trimtned
approximately twice per year and at least once per calendar year.
3. Anv exotic removal activities will be scheduled outside of the sea turtle nesting season.
(19-PRM-00494/1490137/1)
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16F12
EXHIBIT A
PIO* of -7
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presently set from May. I through October 31.
4. There is an existing foot path within the historically maintained boundary at a 42-inch
height. The existing foot path. shown in Exhibit "A". is grandfathered and is allowed
as 3-foot width maximum. as a sand path. Any new paths through the dune vegetation
will require an MEP permit.
5. The acceptable method for treating invasive species is to cut off at the ground level.
treat with herbicide.then remove dead plants. FOEP recommends a minimum of 3 plant
species for diversity. FI)EP recommends grasses included in the replanting plan to help
trap sand.Grasses can assist with flooding and surge by helping to 'rebuild' the dunes.
6. The County and the Villas will attempt to coordinate replanting so that the dune system
is more uniform and achieves the overall desired diversification. Each Party will
submit its proposed plan to the other for approval within 30 days from receipt.
Approval will not he unreasonably withheld. Acceptable replanting species
recommendations include. but are not limited to:
• Prickly pear(Opunticr stricta)
• Beach sunflower(//elianthitc dehilis)
• lnkherry (.Scoerala plumicri)
• Necklace pod (Sophnra tonrentusu)
• Sea oats (('niuln paniculaici
• Nickerbean 'C'aesulpinia hunduci
• Sea oxeyed daisy (/3orrichia.+pp.)
• Sea purslane(.Sesrrrium purtiulcwasu-um)
• Seagrape I('uccolaha tn-ivercr)
7. lfa vehicle on the beach is needed for work on the dunes or the beach.a Collier County
vehicle on the beach permit will be required.
C. Terms
1. This Agreement shall he valid for four years from the date of execution and may he
extended by either Party with 60 days written notice and approval by the Board of
County Commissioners.
119-PRM-00494!1490137!11
CAC)
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EXHIBIT 1 6 C 6
2. Either Party may terminate this Agreement for any reason with 30 days written notice
to the other.
3. NO PARTNF.RSI IIP:Nothing herein contained shall he construed as creating a partnership or
joint venture of any kind between the County and the Villas.its vendors or subcontractors.or
to constitute the Villas.or its vendors or subcontractors.as an agent or employee of the County.
4. This Agreement is subject to appropriation by the Board of County Commissioners.
5. This Agreement is subject to the requirements found in Ch. 119. Fla. Stat.. Florida's
Public Records Law.With respect to all matters covered in this Agreement.Spirit Promotions
shall maintain complete and accurate accounting records, and shall maintain these records,
hooks.documents. papers and financial information pertaining to work pertimmed under this
Agreement for a period of three(3)years. in compliance with Chapter 119.the Florida Public
Records Law.
h. NOTIFICATION
All notifications and communications regarding activities covered by this MOV will be
made in writing to the parties as follows:
a. The Villas at Barefoot Beach Homeowners Association. Inc.
c/o President
27180 Bay 1.anding Drive, Suite 4
Bonita Springs. Fl. 34135
b. Collier County
c/o Parks& Recreation Director
15000 Livingston Road
Naples. FL 34109
7. VENUE AND GOVERNING LAW: This Agreement shall be governed by and construed
under the laws of the State of Florida. The parties shall attempt in good faith to resolve and
dispute concerning this Agreement through negotiation between authorized representatives. If
these efforts are not successful,and there remains a dispute under this Agreement.the parties
shall first engage in voluntary mediation. with each side sharing all costs. Following the
conclusion of this procedure,either party may then file an action in the Circuit Court of Collier
I19•PRM-00494/1490137/11
GPO
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Plat..-‘-9r.'7 _ 1 6C 6
Count).or the Middle District of Florida. ++hich shall be the c clusi+c tenue with respect to
an disputes arising out of this Agreement. In the e+ent of litigation. each side shall hear its
o++n attorneys fees.
IN WITNESS WHEREOF.the Parties. Villas and Collier County.have respectively, by
an authorized person or agent,hereunder set their hands and seals on the date first written above.
AS TO COUNTY:
i)ATEI): .J-'W0'/I
•Aikti .-...19 4 BOARD OF COI'\TY COMMISSIONERS
. (.'rptal- • 7c1:.&crk COLLIER CO . • . IDA
"' ; utt ('Irk By: l c•
west a Icy,
W'" him l.. McDaniel.Jr..Cha'nnan
Approved as to form and legality:
Vof een N1.Greene
Q.12j2A-
Assistant Count Attorney
"fIIF.VILI.AS AT BAR[FOO-I BEACH
I i0Ml:OWNERS ASSOCIATION. INC..A
FLORIDA NOT FOR PROFIT
CORPORATION
i t Witness Steve Bruce. President
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I't"pe:print wit - name
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`-1\t'itn ss
i t y ppe.print witness n me i fy(�QC(� 1
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119-PRM-00494 149013701
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_____
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1 " iT A
Page -of 1 6C 6
Attachment A
(hvnenhip Exhibit
(I 9-PRM-00494/1490137/1)
1 6 F 1 2
Attachment A
Ownership Exhibit
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