Backup Documents 09/23/2025 Item #16B 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 6
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. County Attorney's Office County Attorney �.
Attn. Sally A. Ashkar, Esq.
Item No. 25-RPR-03938
2. BCC Office Board of County Commissioners
1) . . °VP
3. Minutes and Records* Clerk of Court's Office ep5r-
*NOTE TO MINUTES AND RECORDS:
$1/ Please return an electronic copy of the document(s)to vivian.rodriguez@colliercountyfl.gov
K
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 Vivian Rodriguez/Real Property— Phone Number 239-252-8402
Contact/ Department Operations & Performance Management
Agenda Date Item was September 23, 2025 Agenda Item Number l 6.B.6
Approved by the BCC
Type of Document Access License Agreement Number of Original l
Attached Documents Attached
PO number or account N/A
number if document is /,� �j
to be recorded 4076/q //5 CU� (o30
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?STAMP OK N/A
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 VR
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 VR
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 VR
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 the above date,and all changes made VR N/A is not
during the meeting have been incorporated in the attached document. The County 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 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
1 6 B 6
Prepared by Vivian Rodriguez INSTR 6734895 OR 6511 PG 2400
Collier County Real Property Management RECORDED 9/26/2025 4:46 PM PAGES 8
2685 Horseshoe Dr.S.,Suite 103 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Naples,Florida 34104 COLLIER COUNTY FLORIDA
REC$69 50
Project:Carnestown Access Road [space above for recording data]
Folio:01135640208
ACCESS LICENSE AGREEMENT
This Access License Agreement ("Agreement") is entered into as of the 25'ddate of
5, > , 2025, by and between the BOARD OF COUNTY COMMISSIONERS OF
C LLIER COUNTY, FLORIDA on behalf of COLLIER COUNTY, a political subdivision
of the State of Florida (hereinafter referred to the "County" or as "Licensor") whose mailing
address is 3301 East Tamiami Trail,Naples,Florida 34112,hereby conveys the Access License to
the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a water management district
created under Section 373.069, Florida Statutes, whose mailing address is 3301 Gun Club Road,
West Palm Beach, Florida 33406,(hereinafter referred to as"SFWMD"or as"Licensee").
WITNESSETH:
WHEREAS, Licensor is the owner of certain real property located in Collier County,
Florida, more particularly described in Exhibit "A" attached hereto and made a part hereof(the
"Licensed Area"); and
WHEREAS, Licensee desires to access the Licensed Area to facilitate vehicular and
pedestrian access by Licensee, its officers, employees, agents and contractors, and the general
public through the Carnestown Solid Waste Property, a facility owned by Licensor, and shown on
the attached Exhibit"B" (the "Carnestown Solid Waste Property"); and
WHEREAS, Licensor was previously granted a non-exclusive easement which provides
access to the Carnestown Solid Waste Property, over Licensee's property to the south,recorded in
Official Records Book 1671, Page 1692 of the Public Records of Collier County, Florida (the
"Recorded Easement"); and
WHEREAS,Licensor is willing to grant a non-exclusive,revocable license for such access
subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows:
1. RECITALS. The above-referenced Recitals are true and correct and incorporated
herein by this reference.
2.GRANT OF LICENSE. Licensor hereby grants to Licensee,its successors and assigns,
a non-exclusive revocable license for vehicular and pedestrian access across the Licensed Area
through the Carnestown Solid Waste Property, for the use by Licensee, its officers, employees,
agents and contractors, and the general public:
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SFWMD Agreement No. 4600005211, Page 1 of 8 GPI
16B 6
(a)Licensee may install,use,and maintain improvements reasonably necessary to facilitate
access across the Licensed Area,including but not limited to an access road and associated
infrastructure.
(b) Licensee shall, at its sole cost, maintain all improvements it installs on the Licensed
Area, including an access road, without any cost to Licensor.
(c) Licensee accepts the Licensed Area and any improvements thereon "as is" with all
defects, if any, existing on the Effective Date. Notwithstanding the foregoing, the amount
expended by Licensee under this License for each applicable fiscal year of this License is
subject to Licensee's Governing Board budgetary appropriation for such expenditures.
(d) This License does not convey any ownership interest in the Licensed Area or the
Carnestown Solid Waste Property to Licensee.
3. TERM AND TERMINATION
3.1 Term. This License shall commence on the Effective Date and shall continue
for a period of twenty-five(25)years unless earlier terminated as provided herein.
3.2 Termination for Convenience. Either party may terminate this License with
180 days' prior written notice to the other party.
4. LICENSEE'S OBLIGATIONS
Licensee agrees to:
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(a)Maintain,at its sole cost and expense,all improvements it installs on the Licensed Area,
including the access road.
(b) Obtain and maintain, at its sole cost and expense, all licenses required by local, state,
and federal law in connection with its use of the Licensed Area.
(c) Comply with all applicable laws, ordinances, and regulations in connection with its
activities on the Licensed Area.
(d) Maintain insurance as required under Section 7 throughout the Term.
(e) Accept the property"as-is,"with Licensee waiving any claims against Licensor for the
condition of the Licensed Area.
(f) Coordinate with Licensor regarding any future access plans or activities involving the
general public's use through the Licensed Area.
•
(g) Coordinate with Licensor on access control, including all locking gates located within
the Licensed Area. Licensor may place its own locks at its discretion,however, such locks
shall not impeded Licensee's access.
(h) Be responsible for any damage caused by Licensee, its officers, employees, agents,
contractors, or authorized users to the Licensed Area,the existing non-exclusive easement
area, as defined in the Recorded Easeemnt, the Carnestown Solid Waste Property, or any
•
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SFWMD Agreement No. 4600005211, Page 2 of 8 3 {. <'tl
16B 6
existing improvements therein. Licensee shall promptly repair or restore any such damage
to the condition existing immediately prior to such damage, at its sole cost and expense,
subject to the approval of Licensor.
(i)With prior authorization from the Licensor,the Licensee,its officers,employees,agents,
contractors, are permitted to park within the fenced in area of the Carnestown Solid Waste
Property for the purposes of inspection, maintenance, ensuring compliance of this
agreement, and other such activities,except as otherwise provided in Section 6.1.
(j) Coordinate with Licensor to address any maintenance deficiencies or safety concerns
identified during inspections and correct such deficiencies within a reasonable time, as
mutually agreed upon in writing.
5. USE CONDITIONS
5.1 Special Use Licenses.
Licensee shall keep Licensor reasonably informed of any Licensee issued Special
Use Licenses issued to the public and shall notify Licensor in writing upon request,of the number
and general nature of such licenses. All licensed activities must comply with applicable laws,
county ordinances, and regulations.
5.2 Parking Restrictions. Licensee acknowledges general public parking is only
permitted in the designated area as shown in Exhibit"B."Licensee may issue Special Use Licenses
to the general public to allow vehicular access through the Licensed Area to District property.
Licensee shall be responsible for monitoring and ensuring compliance of the Special Use License
rules and regulations. Any parking or access gates cannot restrict Licensor's access to the
Carnestown Solid Waste Property. Licensee acknowledges and agrees that public vehicular access
through the Licensed Area shall be limited to no more than 10 vehicles at any one time. With prior
approval of Licensor,Licensee may increase the number of vehicles allowed to access the Licensed
Area.
Licensor agrees to allow Licensee, its officers, employees, agents and contractors
to park within the Carnestown Solid Waste Property to manage and maintain access through the
Licensed Area. Licensee agrees that any parking within Carnestown Solid Waste Property will not
restrict Licensor's access to the Carnestown Solid Waste Property.
Licensor and Licensee may post signage on the Licensed Area to provide notice of
the parking limitation and enforce this provision, including the removal or towing of vehicles that
are parked in violation of this Agreement, at the vehicle owner's expense and without liability to
Licensor or Licensee. Nothing herein shall limit Licensee's obligation to ensure compliance with
the parking restrictions.
6. EMERGENCIES AND DISASTER RESPONSE
6.1 Suspension of License During Emergency. This License shall be
•
automatically suspended without further notice upon declaration of a local, state, or federal
emergency, including,but not limited to natural disasters. Access and use shall remain suspended
until Licensor or the applicable governmental authority provides written clearance for resumption
of normal use.
3
•
r (.
SFWMD Agreement No. 4600005211, Page 3 of 8
16B6
6.2 No Liability for Event Cancellation or Postponement. Licensee shall not
hold Licensor liable for any damages, costs, or losses related to suspension or cancellation of
access or activities during an emergency.
6.3 Notification and Resumption of Use. Licensor shall provide written
notification to Licensee when an emergency suspension is initiated and when clearance to resume
use is granted. Licensee shall cease all activities immediately upon notice and may resume
activities only upon receipt of written clearance from Licensor or the appropriate governmental
authority.
7.INSURANCE. The Licensee warrants and represents that it is self-funded for Worker's
compensation and liability insurance, covering at a minimum bodily injury, personal injury and
property damage with protection being applicable to the Licensee's officers, employees, servants
and agents while acting within the scope of their employment during performance under this
License. The Licensor and the Licensee further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to such
party under the laws of the State of Florida; (2)the consent of the State of Florida or its agents and
agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the
waiver provided in Section 768.28,Florida Statutes.
8. INDEMNIFICATION. Each party agrees that it shall be solely responsible for the
negligent acts or omissions of its officers, employees, contractors and agents; however, nothing
contained herein shall constitute a waiver by any party hereto of its sovereign immunity or the
limitations set forth in Section 768.28, Florida Statutes.
9. SECURITY. The Licensee, at its sole cost and expense, shall implement and maintain
appropriate security measures related to its use of the Licensed Area, including but not limited to
the following:
(a) Ensuring the perimeter of the Carnestown Solid Waste Property is adequately secured
to prevent unauthorized access.
(b) Installing and maintaining a locking gate at the point of access adjacent to the Licensed
Area and parking area.
(c) Posting clear signage at the access point on rules and regulations of the Green Heart of
the Everglades and Carnestown Solid Waste properties.
(d) Coordinating with Licensor regarding perimeter security measures necessary to prevent
unauthorized access arising from Licensee's use.
(e) Acknowledging that Licensor may place its own lock on any gate at its sole discretion
and may control access to the Licensed Area as deemed necessary for public safety,
security. However, such locks shall not impeded Licensee's access.
10. DAMAGE,INSPECTIONS,AND RESTORATION
10.1 Damage Responsibility. Licensee shall be liable for any loss or damage to
the Licensed Area, including the non-exclusive easement area, as defined in the Recorded
Easement, caused by its operations, personnel, or permitted users. In recognition of the increased
use of the easement area,Licensee shall exercise reasonable diligence in maintaining its condition.
Licensor shall promptly notify Licensee of any observed damage. Licensee shall repair or restore
such damage in a reasonable time and manner.
•
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SFWMD Agreement No. 4600005211, Page 4 of 8 °1
16B 6
10.2 Restoration upon Termination.Upon expiration or earlier termination of this
License, Licensee shall, at its sole expense, remove all of its improvements, equipment, and
materials from the Licensed Area and restore it to substantially the same condition as existed on
the Effective Date, reasonable wear and tear excepted, unless otherwise agreed by the parties in
writing.
11. GENERAL PROVISIONS
11.1 Force Majeure. Neither party shall be liable for any delay or failure to
perform caused by acts beyond its control, including natural disasters, civil disturbances, or
governmental actions.
11.2 Entire Agreement. This Agreement constitutes the entire agreement between
the parties and supersedes all prior discussions or agreements.
11.3 Amendment. Any modification to this Agreement must be in writing and
signed by both parties.
11.4 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Access License
Agreement as of the Effective Date.
AS TO LICENSOR:
ATTEST:
CRYSTAL K. KINZEL •Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court and Cp troller COLLIER COUNTY,FLORIDA
By:
,deputy Clerk BURT L. SAUNDERS, Chairman
Attest as to Chairman%
signature only
Approved a• I n and legal sufficiency: THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
By: a. COLLIER COUNTY,FLORIDA
.sistant County Attorney PURSUAN T AGENDA 11vt3�O
(40c rv< DATED:q ITEM No.
\5
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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SFWMD Agreement No. 4600005211, Page 5 of 8 (ca
1 6 B 6
ACCEPTANCE BY LICENSEE:
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT,
a water management district created under
Section 73.069,Florida Statu es
WITNESSES: By: 0 A_ A90
Print Name: Candida Heater
Title: Administrative Services Division Director
tness(Signature)
Jose L.Esquivel
Print Name:
3301 Gun Club Rd
• Address:
West Palm Beach,FL 33406
City,State and Zip
C. -retG
2"a W('tness( mature)
UM(I f 6—CUtiock
Print Name:
3a0I ail Ct 2d
Addres
kid 1M kt k tFt, 33410(C
City,State and Zip
Form approved by:
South Florida Water Management District
Office of Counsel
6
o
SFWMD Agreement No. 4600005211, Page 6 of 8 90
1 6B 6
EXHIBIT"A"
LEGAL DESCRIPTION OF LICENSED AREA
Licensed Area
A parcel of land lying within the West one half of the West one half of Section 25, Township 52
South, Range 29 East, Collier County, Florida, being more particularly described as follows:
Commencing at the Northwest corner of Section 25, Township 52 South, Range 29 East; thence
N89°42' 48"E along the North line of said Section 25 a distance of 999.17 feet; thence 300° 17'
12"E 96.11 feet to the POINT OF BEGINNING of the hereinafter described parcel of land; thence
S21° 08' 15"W 580 feet; thence S68° 51' 45"E 330 feet; thence N21° 08' 15"E 580 feet; thence
N68° 51' 45"W 330 feet to the POINT OF BEGINNING.
Said parcel containing 4.39 acres.
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SFWMD Agreement No. 4600005211, Page 7 of 8 (Q )
16B 6
EXHIBIT"B"
MAP DEPICTING THE CARNESTOWN SOLID WASTE PROPERTY
CARNESTOWN
SOLID WASTE PROPERTY
,
/„..
Non-exclusive easement consisting of a 60'
wide strip of land to be used for egress and
ingress purposes to the Carnestown Transfer
Site as recorded in Official Record Book 1671 ,,..1
Page 1693 according to the Public Records of 4.
Collier County, Florida.
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Exhibit"B" is provided for informational and reference purposes only and does not constitute a
survey or legal description of the property.
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SFWMD Agreement No. 4600005211, Page 8 of 8
0