Backup Documents 01/28/2014 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP Pc__
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO LH LI-
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 u Att r ey fi
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County A m c no to
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 ., i
I if
4. BCC Office Board of County 7-4 'b
Commissioners \ /' �l A
5. Minutes and Records Clerk of Court's Office / '1 63
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 SUE JIM ZIMMERMAN Phone Number 252-2622
Contact/ Department
Agenda Date Item was January 28,2014 Agenda Item Number - 1-6.H9-
Approved by the BCC `to -\ED Y
Type of Document AMENDED AND RESTATED ACCESS Number of Original 1
Attached EASEMENT AGREEMENT Documents Attached
PO number or account 306/116360/800651
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column oramark"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? SJZ
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 SJZ
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 SJZ
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 SJZ
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 SJZ
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 Jan.28,2014(enter date)and all SJZ
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the OHSZI,<
BCC, all changes directed by the BCC have been made, and the document is ready for t
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
160 10
the Landingsc t Bear's men lNSTR 4941720 OR 5006 p,766
Amended Ass Easement Agreement 6800 RECORDED 2/5/2014 8:24 AM PAGES 5
aG . ..;s,619 4 700000 0 and 00268680000 DWIGHT E. BROCK, CLERK OF THE CIRCUIT rOURT
COLLIER COUNTY FLORIDA
DOC!c"�70$0.70 REC$44.00
AMENDED AND RESTATED ACCESS EASEMENT AGREEMENT
THIS AMENDED AND RESTATED ACCESS EASEMENT AGREEMENT (the "Easement
Agreement") is made this day of a s6i: s, , 2014, by and between COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112, its successors and assigns, (hereinafter "County"), and
HEADWATERS DEVELOPMENT LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability
limited partnership, whose mailing address is P.O. Box 110062, Naples, Florida 34108 (hereinafter
"Headwaters"),
W ITNESSETH:
WHEREAS, County owns that certain real property located in Collier County, Florida and
described as:
All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying
south of Golden Gate Parkway, according to the plat thereof recorded in Plat
Book 2, Page 2, in the Public Records of Collier County, (hereinafter "County
Property"): and
WHEREAS, Headwaters owns that certain adjacent real property in Collier County, Florida
and described as:
The North V2 of North '/ of Section 35, Township 49 South, Range 25 East, being at
the Northwest corner of the Section and run East 1398.25 feet; thence South 64
degrees West 1555.06 feet; thence North 664.01 feet to the place of beginning
(hereinafter "Headwaters Property"): and
WHEREAS, County previously granted a perpetual non-exclusive easement in favor of
Caribbean Venture of Naples, LLC, a Florida limited liability company ("CVN"), for the
construction, operation and maintenance of roadway, drainage, sidewalk, bike path, an 8-foot
chain link fence and utility facilities over, across and upon that portion of the County Property
more particularly described in attached Exhibit ''A," which is incorporated herein by reference
hereinafter "Easement Area"), as evidenced by the Right-of-Way Easement Agreement
recorded in Official Records Book 4097 Page 661, as amended by Access Easement Agreement
recorded in Official Records Book 4535 Page 2342, both of the Public Records of Collier County,
Florida (hereafter collectively the "ROW Easement"); and
WHEREAS, Headwaters purchased the Headwaters Property from CVN and is the
successor in interest to CVN under the ROW Easement, and has requested that the ROW
Easement be amended as more particularly set forth herein; and
WHEREAS, County has agreed to amend the ROW Easement in accordance with the
terms and conditions contained herein below and in accordance with the provisions of that
certain PUD Ordinance for the Landings at Bear's Paw approved by the Collier County Board of
County Commissioners under Agenda Item 17D approved December 10, 2013.
160 1 1,
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by
each party, it is hereby agreed between the parties that the ROW Easement is amended and
restated in its entirety, and that terms, conditions, and provisions contained therein are
supplanted and replaced by the terms, conditions, and provisions of this Easement Agreement.
I. Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
2. Easement, County does hereby grant to Headwaters, a perpetual, non-exclusive
easement for the construction, operation and maintenance of roadway, drainage,
sidewalk, bike paths, 8-foot chain link fencing, and utility facilities over, across and within
Easement Area.
3. Use of Roadway. Headwaters may construct, install, operate and maintain an entry
gate and necessary related improvements within the Easement Area (south of the entrance
to the County's parking lot) for purposes of limiting public traffic to and from the
Headwaters Property: provided, however, that the Access Easement segment over which
public access is so limited shall not be open to the public or publicly maintained for so long
as the gate shall remain in place. Headwaters may also install a chain link fence, up to
eight (8) feet in height, along the eastern boundary of the Easement Area. Underground
utilities are permitted within the Easement Area and may be installed, maintained, and
replaced by public and private franchised utility providers- Notwithstanding any term of this
Easement Agreement to the contrary, the County and its employees, contractors, and
agents shall have continuous access over the Easement Area. Furthermore, should the
County in its sole discretion and at any time decide to open the roadway for public use,
then the entry gate shall be removed or relocated at Headwaters' expense.
4. ;resign of Roadway. All plans for the construction of the roadway and associated
improvements shall be presented to the County Manager, or his designee, prior to
Headwaters' submittal for development approval for his review and approval, which
approval will not be unreasonably withheld. The parties acknowledge and agree that this
approval of the roadway design is a condition of granting of this easement and shall not be
construed as part of the County's required development review or a waiver cf any provision
of the Collier County Land Development Code,
5. Construction of Roadway. The construction of all improvements permitted within the
Easement Area pursuant to the terms of this Easement Agreement shall be at the sole cost
and expense of Headwaters and shall comply with all federal, state and local laws,
ordinances, statutes, rules and regulations.
6. Maintenance of Roadway. Headwaters (or a homeowner's association established by
Headwaters to manage and maintain the residential development contemplated for the
Headwaters Property) shall have the sole responsibility to maintain and repair in a proper,
substantial, and workmanlike manner, any improvements installed by or at the direction of
Headwaters within the Easement Area, including without limitation the pavement, sidewalk,
bike paths, utilities, as well as the fence and gate referenced in Paragraph 3, above, unless
or until the roadway is formally accepted by the County for purposes of maintenance,
which responsibility may be assigned.
7, Reservation, County reserves the right to use the Easement Area and all completed
improvements for access by its employees, contractors, agents, and vendors and in any
manner that does not materially interfere with the rights granted herein to Headwaters. The
County reserves the right to open to the public any roadways that are located within the
County-owned property, in which case the County shall maintain the right-of-way
improvements.
/"
16010
8, Indemnification. Headwaters shall indemnify, defend, save and hold harmless County
from and against any suits, demands, claims, liability, losses, penalties, damages,judgments,
orders decrees, and costs and expenses (including attorneys fees and all costs of litigation)
for property damage, liability, bodily injury or death which may result from or arise out of any
willful misconduct or negligent act, error, or omission of Headwaters, its employees, officers,
agents or invitees, which occurs or is alleged to have occurred, with respect to the design
and construction of the roadway improvements.
9, Term ination. In the event the entire roadway corridor created by this Easement is not
substantially completed on or before February 8, 2016, then this Easement shot
automatically terminate and be of no further force or effect. In this event, County may
record a Notice of Termination.
10. Benefit/Burden. The easement and the rights and obligations created hereby shall run
with the land, shall be a benefit to the Headwaters Property and a burden to the Easement
Area, and shall inure to the benefit and burden of the Headwaters and County, and their
respective successors and/or assigns.
i '. Location of Easement not determinative as Access, The parties both acknowledge
and agree that Headwaters has requested the location of the Easement Area without the
County having formally approved the location or character of any future access to and
from Golden Gate Parkway. Nothing contained herein shall be construed as consent or
approval to the location of an access connection to Golden Gate Parkway.
IN WITNESS WHEREOF, the County and Headwaters have respectively caused these presents
to be executed the date and year first above written.
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT L. BROCK, Clerk COLLIER COUNTY, FLORIpA
I f.
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Attesvgv ut 4 . TOM HENNIING, qtyairman
sa ±ratltt
Appro icd`a ,5rill and legality:
0;"
Heidi Ashton Cicko
Assistant County Attorney
J.
16 D 1 0
FMS 1 t-2EADWATERS:
WITNESSES:
, HEADWATERS
(signature)
HEADWATERS DEVELOPMENT LIMITED LIABIL11Y
"i! �.__.. ..._......- LIMITED PARTNERSHIP. a Florida limited liability
sprinted norreJ I limited partnership:
By: Headwaters Development. Inc.. a Florida , I
' ...,..
corporation. its General Partner:
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� 1 � K.cv r; its Pt€'kiderlt �•�'°"`
d>inTed home)
STATE OF FLORDA
COUNTY OF COLLIER
The foregoing instrument was acknowledge before me, this day of
� r 2014, by Kevin Kind, President Of Headwaters Development, Inc., a Florida
corporation '3enero` Partner of HEADWATERS DEVELOPMENT LIMITED LIABILITY LIMITED
PARTNERSHIP. a F orida limited liability limited partnership, on behalf of said corporation and
Par I ersho, who s , personally known to me OR ( has produced
as evidence of identification.
( affix notarial 5001) •
)Sig nature of Notary Puottey
(Print name of Notary PU iic)
NOTARY PUBLIC
Serial/Commission rt if any
My CornMission Expires: ....... , « ,` `-s " ..
6 coo:
16010
EXHIBIT "A"
EASEMENT AREA LEGAL DESCRIPTION
East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Farms
Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the
Public Records of Collier County, lying south of Golden Gate Parkway and within
Section 27, Township 49 South, Range 25 East, Collier County, Florida;
AND
North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25
East, Collier County, Florida, being and lying within Lot 97 of Naples
Improvement Company's Little Farms Subdivision, according to the plat thereof
recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida.
AND
All that part of Lot 97, according to the plat of Naples Improvement Company's
Little Farms, Plat Book 2, Page 2, of the Public Records of Collier County, Florida
being more particularly described as follows:
Commencing at the Northeast corner of Section 34, Township 49 South, Range
25 East, Collier County, Florida;
Thence along the East line of said Section 34, and the East line of said Lot 97,
South 00'35'54" West 120.01 feet to the point of beginning;
Thence continue along said East line South 00'35'54" West 270.00 feet;
Thence leaving said East line North 89'24'06" West 60.00 feet;
Thence North 00'35'54" East 269.13 feet to a point on the South line of the right-
of-way easement recorded in Official Records Book 4097, Page 661 , of the
Public Records of Collier County, Florida;
Thence along said easement North 894600" East 60.01 feet to the point of
beginning.
10916-0001 4398