Backup Documents 10/13/2015 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO tF
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATI i
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the n ttAYiR lice
at the time the item is placed on the agenda. All completed rnntin2 slips and nriainal dncnments 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. County Attorney Office County Attorney Office
I'0,1I�
3. BCC Office Board of County
Commissioners l >o\14\
4. Minutes and Records Clerk of Court's Office
tok[(s ((qqam
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
PRIMARjCONTACT INFORMATION
Normally the primary contact is the person who created/pre ared the Executive Summary. Primary contact information is needed in a event one of the
addressees above,may need to contact staff for additional or m. sing information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/ Department
Agenda Date Item was October 13,2015 Agenda Item Number 16A,-3
Approved by the BCC
Type of Document Agreement(336TDRE) Number of Original One
Attached Documents Attached
PO number or account D/N record in the Clerk's"official records"
number if document is for r/e conveyances
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 original signature? X
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document(s)has/have 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 by the Office of the County Attorney. X
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
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. n/a
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 10/13/2015(enter date)and all changes N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County 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 /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the option for
Chairman's signature. tis line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Rev 2.2 ;Revised 11/30/12
16A3
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, October 14, 2015 4:11 PM
To: Farris, Deborah
Subject: Parcel 336TDRE (#16A3 10-13-15 BCC Meeting)
Attachments: Parcel 336TDRE Project#66066 (#16A3 10-13-15).pdf
Hi Debbie,
A copy of the easement agreement for the donation of a
Temporary Driveway Restoration Easement (Parcel 336TDRE)
for Vanderbilt Drive Bridge Replacements Project #66066 that
was approved by the Board yesterday, is attached for you.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept
16A3
Project No: Misc 99999(Part of Vanderbilt Drive Bridge Replacements Project#66066)
Parcel No: 336TDRE
Folio No: 59620000004/Portion of Master Reference#00156160001
AGREEMENT
THIS AGREEMENT ( ei fter jef r d to as the "Agreement") is made and entered
into on this day of_ a _ >j,2015. by and between MARINA BAY CLUB OF
NAPLES CO DOMINIU AS CIATION, INC., a Florida not-for-profit corporation,
whose mailing address is do Sandcastle Community Management, 9150 Galleria Court,
Suite 201, Naples, Florida 34109 (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite B00, Naples, Florida 34112
(hereinafter referred to as"County") ("Owner"and"County"hereinafter collectively referred to
as the"Parties").
WITNESSETH:
WHEREAS, as part of its Vanderbilt Drive Bridge Replacements, Project #66066,
County will be constructing improvements within a portion of the common areas of Owner in
accordance with the plans attached hereto as Exhibit "A" (hereinafter referred to as the
"Project"); and
WHEREAS, County has requested that Owner convey to County a Temporary
Driveway Restoration Easement over, under, upon and across the lands described in Exhibit
"B",attached hereto and incorporated herein (hereinafter referred to as"Easement");and
WHEREAS, Owner recognizes the benefit that County's proposed improvements will
be to Owner and desires to convey the Easement to County for the stated purposes, on the
terms and conditions set forth herein, said terms including that no compensation shall be due
and payable for the Easement requested by County.
NOW, THEREFORE, in consideration of these premises. and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is
agreed by and between the parties as follows:
1. RECITALS -All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to
County, in a form acceptable to County and at no cost to County, unless otherwise
stated herein. Said conveyance (Owner's delivery to County of a properly executed
easement instrument)is hereinafter referred to as the"Closing".
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release,or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the Closing Documents, properly executed,
witnessed, and notarized where required, in a form acceptable to County.
3. TIME IS OF THE ESSENCE — Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within thirty(30)days of the date of execution
of this Agreement or within thirty (30) days of County's receipt of all Closing
Documents,whichever is the later. This agreement shall remain in full force and effect
until Closing shall occur, until and unless it is terminated for other cause.
4. CURRATIVE INSTRUMENTS AND PROCESSING FEES—County shall pay all fees to
record any curative instruments required to clear title, and all Easement instrument
16A3
Agreement Page 2
recording fees. In addition, County may elect to pay reasonable processing fees
required by mortgagees in connection with the execution and delivery of a Release or
Subordination of any mortgage, lien or other encumbrances recorded against the
property underlying the Easement. County shall have sole discretion as to what
constitutes"reasonable processing fees."
5. EXISTING IMPROVEMENTS— Prior to commencement of construction of the Project,
the Parties shall communicate with each other regarding the construction date, which
owner acknowledges is subject to change. Owner shall, at its sole cost and expense,
remove all landscaping, lighting, electrical components and irrigation from within that
portion of the easement area identified on Exhibit "A" as "Limits of excavation within
easement".
Owner shall be responsible for obtaining any permits associated with the removal,
relocation and/or replacement of any improvements located within the subject
easement(including all landscaping, lighting,electrical components and irrigation).
County will not be responsible for the cost to replace any of the existing improvements
currently located within the subject easement(including but not limited to landscaping,
lighting, electrical components and irrigation) but will, at its expense, provide sod
ground cover on any areas within the easement that are exposed during construction.
6. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be
effective as of the date this Agreement is executed by both parties and may only be
modified by written amendment thereto.
7. ENTIRE AGREEMENT-This is the entire agreement between the parties with respect
to the matters set forth herein, and any notice, request, demand, instruction or other
communication to be given to either party hereunder shall be in writing sent by
facsimile with automated confirmation of receipt, or registered or certified mail, return
receipt requested, postage prepaid or personal delivery addressed as follows:
If to County Transportation Engineering
Attn: Kevin Hendricks
Right-of-way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-252-5844
Fax 239-252-6643
With a copy to: Jeff Klatzkow, County Attorney
Office of the County Attorney
Harmon Turner Building
3299 Tamiami Trail East,Suite 800
Naples, Florida 34112
Telephone 239-252-8400
Fax 239-252-0225
If to Owner: Lisa Baldino,Vice President
Marina Bay Club of Naples Condominium Association, Inc.
9150 Galleria Court Suite 201
Naples, Florida 34109
Telephone:
With a copy to:
Telephone: -
Fax:
16A3
Agreement Page 3
8. ENTIRE AGREEMENT — Conveyance of the Easement by Owner is contingent upon
no other provisions, conditions, or premises other than those so stated above; and this
written Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding between the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
9. VENUE - This Agreement shall be governed by the laws of the State of Florida, and
may not be altered or amended in any way, save by written agreement signed by both
parties.
IN WITNESS WHEREOF,the parties have caused these presents to be executed the
date and year first above written.
AS TO COUNTY:
DATED:October 13, 2015
ATTEST: BOARD OF COUNTY COMMISSIONERS 4
DWIGHT E.BRQCK,Clerk COLLIER COUNTY, FLORIDA
1 : l( ,) tap' ( BY: / V��6/�hf c ,,,.___ ...,, ..r,,,'''' Tim Nance,Chairman
tj Attest as to '
AS TOsptfi only:
WITNESSES: MARINA BAY CLUB OF APLES
CONDOMINIUM ASS! ATION, INC.,
a Florid-,4 ot-for-profit 4 rporation
11141 ..
Witnes Si• =ture) jaldino, Cresident
r
Name: �� �/
(•nnt) - 7
%itL Z�s//(Siig�gnature) 41#11#
Name://e-e
(Print)
p,, roved -s to f• and legality:
t4 JIJ.2. m ' •
mily Pepi 1
Assistant C•• ty Attorney
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LEGEND
I DENT. - )ES
0 R Of TTI A. P CORON 6("Ok. ',1(”)'" 4N 07' J_169.00.4..t^44—
PT -- .A4
!roe ,;TNT 01 BETSR 1I ,
POT 'TIN) C- COMtt_ EMENT 7061mmg".
F
r
. c0 '°
3 w
1 MARINA BAY CLUB OF NAPLES CQNDOIAINIU6'
a
.1 UR. 1619 P,. 142; n
3Doe 33
Y
N45'25'20"W 19.31'
l
__ SOO'2S'20"t. 85.39 _ T-
i POB DESC. WEST NIGHT-e`-WAY -NE
E
' -POC DESC. VANDERBILT DRIVE
SE CORNER • COUNTY ROAD 901
OF SECTION , 100' WIDE RIGHT-OF-WAY
z 20 , 17 . - -
u
21 19 �f;-;J.W 11as05'
BEAk:'.. BASIS
n - -EAST LINE OF
ISECTION 17
t,
s
f.
("ECM-ROW
PARCEL N:. 015588:704
MAY 2 1 2015 0. 4509 PC 2050
NOTES:
' RFARINGS SHOWN HEREON AHF BASED ON THE EAST LINE OF
o SECT O f T, TOWNSH,P oa SOUTH. RANE 25 EAST TO BEAR �-'
`i,iC 5 i0'F 1IM'4HY J DEvRIC4:.--- I)!.:,L
, 2 THI.. ;KETCH DOLS NOT MAKE ANY REPI2ESCNTAT,ON AS •0 PRO(Fg,IDNA, SURVEYOR AND MAPPER
ZONING OR D`VELORMERI RESTR!C7,ON5 ON THE SU3JE:. FLORIDA CERTIFICATE NO. LS 6758
PARCEL NOT VALID WITHOUT THE SIGNATURE AND THE
PARCEL C:3(0AUJ° 5,7)2 `1JARE. FEET (0.`3 ACRES) MORE OR ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
r'7. SURVEYOR AND MAPPER, THIS IS NOT A SURVEY.
6610 Willow Perk Or.,09 200
TEMPORARY DRIVEWAY RESTORATION EASEMENT Phone 123 FL 34/08
Phone(2391697.0575
SECTION 17,TOWNSHIP I48 SOUTH,RANGE 25 EAST
Fox:(239!597•o57e
COWER COUNTY,FLORIDA ENGINEERING
LB No.:6052
JOB NUMBER - J, TOWNS-PP SCALE DATE DRAWN NY FILE NAME
130026.00.00 J [ 17 I 48 1"4.30' 1 04/07/15 J TJD Temp Conatr
EXHIBIT
Page—/-0, 4-44---
0
1 6 3
DESCRIPTION
n° A TRACT ON PARCE.. OF LAND ,N 11 TOINNS,P A8 SOL
TN FAS- ,TiLR COuN-" FLOR`RA, SAO TRACT. Oz' RARCEL 3 MORE
PAR Ci AA, -,,scmat C AR ,'CLLJAS
COMMENCING N THE SO,'HL.4,, s.2.; ,45t-c 'IF SAIL SE:-NON ; THENCE
OF SAC SCOT-ON ' 144:if- t FT
ENE;_ A 39A4 IA i''-'ARLNO ENS' NV OR 55 CC FEE, TO AN
NTERSECTION *'N 'HF WEC NICHE-Of ■.)NE. Of VANOEPSIL1 DRIVE 000
FEE" '41,`.:E.`, At.7. N-,- POINT or Bk G■NNING CF THE HEREIN CE SCPIECC PARCEL
THENCE N 4528 204, FOR 19 3' FEET,
S 8934.4•CW FOR 81 32 'EU
HENCE N 2025 205 FOR 520 FEE'.
THENCE N 9'3447E FOR a 32 FACT,
THENCE N 44.3e AG'F FOR ' 31 NLTO AN NTE.RSES-ON Al,,■-■ WEST
RIGHT-OR-WA( L NE:
1HENGE, 0:425.20''S, ON SAC WEST 8,c,H1-OF-WAS FOR 85 33 FEET TO THE
N ,41 OF BE",INNING t.Y•- THE HARGEL DE:)CHIRED HEREIN,
CONTAIN,NG 5 722 SCLIARE OR 03 ACRES, WORE OR I-SS
bEARINGS REPS NAROvE NEST ONED ARE BASES ON "RE EAST NE OF 0 SECTOON '
TRWAS",° 48 3000- RANGE 25 CAS, 70 REAP 320-25 20
TEMPORARY DRIVEWAY RESTORATION EASEMENT 6610"Zangr'
LYING IN l.a Fax)239)597-0679
SECTION 17,TOWNSHIP 46 SOUTH,RANGE 25 EAST I WWI
COWER COUNTY,FLORIDA
ENGINEERING LB No.:BM
JOB NUMBER I - I 1 DATE I DRAWN By FILE NAME
130026.00.00 I I I 04/07/15 TM Tema Constr
EXHIB
GCN