Backup Documents 10/27/2015 Item #16A18 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 Cou 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 Attory o I r
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP ,,•jj{,,,
8
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 JAK 10/27/15
4. BCC Office Board of County b"
Commissioners s./sl (0\Z1\15 a'LiOr
5. Minutes and Records Clerk of Court's Office 'D'as i '-
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 Kevin Hendricks,Transportation 252-5844
Contact/ Department Engineering _
Agenda Date Item was 10/27/15 Agenda Item Number 16-A-15
Approved by the BCC
Type of Document Memorandum of Settlement and Agreement Number of Original One
Attached Documents Attached
PO number or account S ._ a �� c
number if document is
to be recorded �_Y'�1Q1`
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 JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
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 10/27/15 and all changes made during JAK
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 e i • K
BCC,all changes directed by the BCC have been made,and the document is read for e
Chairman's signature.
ccs
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
lôAlg 8
INSTR 5189263 OR 5209 PG 158
RECORDED 10/29/2015 1:21 PM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$69.50
PROJECT: 99999 Miscellaneous
PARCEL No: 335FEE Pelican Marsh CDD
FOLIO No(s): Portions of 66679306551 and 66679400606
MEMORANDUM OF SETTLEMENT AND AGREEMENT
re: Vanderbilt Beach Road Fence/Wall
THIS Memorandum of Settlement and Agreement (hereinafter variously referred to as
"Memorandum" or "Agreement" as the context requires) is made and entered into on this
2:1 k-N-1 day of Qc�obe,r-- , 2015, by and between PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICT, a community development district established
and created pursuant to Chapter 190 F.S., whose mailing address is c/o W. Neil Dorrill,
Manager, 5672 Strand Court, Naples, Florida (hereinafter referred to as "District"), and
COLLIER COUNTY, a political subdivision of the Stale of Florida, whose mailing address is
3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County").
WHEREAS, District and County are currently engaged in conflict resolution processes
pursuant to Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution
Act ("Act"), in an effort to resolve disputes between District and County as to ownership,
operation arid maintenance of certain concrete fence(s)/wall(s), including the County-
owned concrete fence/wall ("Fence/Wall") located within and South of.the County owned
right-of-way of Vanderbilt Beach Road ("VBR") between U.S. 41 and Goodlette-Frank
Road; and
WHEREAS, District detailed the dispute (the "Dispute") in its Resolution No. 2014-13
and initiated the conflict resolution processes outlined in the Act by the adoption of its
Resolution No. 2014-13 and delivery to County of District's July 29, 2014 notice to the
County; and
WHEREAS, representatives of the parties have met, conducted a duly noticed conflict
assessment meeting, discussed, communicated and negotiated in good faith in an
attempt to obtain a resolution of the Dispute in a fashion that would recognize the rights
of the parties and obtain a resolution of the Dispute; and
WHEREAS, during the course of said discussions, meetings and negotiations, the
representatives of the parties have come to a better understanding of the concerns and
needs of the other parties; and
WHEREAS, the representatives of the parties have crafted a resolution of the
outstanding issues outlined in the Dispute and propose and recommend that the governing
boards of the parties enter into this Memorandum on behalf of the parties to resolve and
memorialize the resolution of the Dispute; and
Revised: 10-14-2015 -1
..„„6 Al8
WHEREAS, the District and County recognize the benefit to District and County of
the conveyance of the lands described on EXHIBIT "A" (hereinafter collectively referred to
as the "Property") to the County, for the stated purposes, on the terms and conditions set
forth herein, said terms including that no additional compensation shall be due and
payable for the Property.
WITNESSETH:
NOW, THEREFORE, in consideration of the premises set forth herein, the
obligations, terms, conditions and covenants contained herein, the resolution of the Dispute,
the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt of
which is acknowledged by the parties, the parties hereby agree as follows:
1. 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 Memorandum/Agreement.
2. Within thirty (30) days from the Effective Date of this Memorandum/Agreement,
District shall convey to County, by Quit-Claim Deed, as-is, where-is, in a form acceptable to
County, that certain real property described in Exhibit "A", together with associated
improvements (the "Property").
3. District shall reimburse County for one-half of the actual cost, with the actual cost
not to exceed Five Thousand Six Hundred Eighty Dollars ($5,680.00), to repair the
concrete fence/wall at the locations depicted on the attached Exhibit "B", said
reimbursement to be made within twenty (20) days of the County submitting a proper
detailed invoice to the District and evidence of payment for such repairs.
4. Within thirty (30) days of County acquiring title to and possession of the Property,
the parties shall execute and deliver to the South Florida Water Management District
("SFWMD") the necessary documents and application(s) to transfer the operating permits
under SFWMD Permit(s) and Application(s) #11-01121-S, 959522-4, 970703-2, relating to
the lakes, ponds and surface water management facilities on the Property in order to
make County a co-permitee under SFWMD Permit Application(s) #959522-4, 970703-2.
5. After acquiring title to and possession of the Property, County shall be solely
responsible for the operation and maintenance of the Property and shall continue to be
solely responsible for the operation and maintenance of VBR and responsible for all costs
and expenses associated with the operation and maintenance of VBR, the Property and all
improvements, structures and landscaping located in and on VBR and the Property.
Revised: 10-14-2015 -2
6A1
6. The execution of this Memorandum/Agreement by County constitutes a full and
final disposition and resolution of all matters concerning, relating to or outlined in: A.
County Code Enforcement Case Number CEAU20110016937; B. County Code
Enforcement Case Number CEROW20110016937; C. any Notice(s) of Violation in Code
Enforcement Case Number CEAU20110016937 and CEROW20110016937; D. 12-CED-
00674; E. 12-TRM-00096; F. County Right Of Way Permit #5988; and, G. 13-CEB-00112;
as well as all other matters involving any concrete fence/wall in, on or adjacent to VBR
or in, or on the Property that could have been asserted against the District by the
County. At the time of delivery of the aforesaid Quit-Claim Deed, the County shall
cease, terminate, end and close out all code enforcement cases as to the District
concerning or relating to any concrete fence/wall in, on or adjacent to VBR or in,or on
the Property and place an executed copy of this Memorandum in each of the aforesaid
files / cases.
7. This Memorandum has been approved by the respective governing boards of each
of the parties at duly noticed public meetings.
8. This Agreement and the terms -and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context
so requires or admits.
9. Conveyance of the Property by District is• contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Memorandum/Agreement, including all exhibits attached hereto, shall constitute the entire
Memorandum/Agreement and understanding of the parties, and there are no other prior
or contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
10. This Memorandum/Agreement is governed and construed in accordance with the
laws of the State of Florida.
11. The Effective Date of this Memorandum/Agreement shall be the date last signed by
all the parties hereto.
[BALANCE OF PAGE INTENTIONALLY BLANK]
Revised: 10-14-2015 -3
16A18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above
written.
AS TO COUNTY:
DATED: I0/02a/1.5—
ATTEST:
:,,-
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. B K, Clerk COLLIERTY, FLORIDA
ts f'I BY: / /&
'
r e'srastothairlikiwity Clerk TIM NANCE, Chairman
signature only
Approvei _ )'_ ri. -nd legality:
I4
Jeffrey KI-7 i z
II
Jeffrey , County Attorney
AS TO DISTRICT:
DATED: Of7ti' • 111 2-0!s
PELICAN MARSH COMMUNITY
WITNESSED: DEVELOPMENT DISTRICT
fitness (Signature) Frank Garo al rman
N^�� ' fr
Name int • p; pe)
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ature)
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Name (Print or Type)
1 6 A 1 8
STATE OFIOv i d a.
COUNTY OF Co(k(-c,✓
The foregoing MEMORANDUM OF SETTLEMENT AND AGREEMENT was acknowledged before
me this (1''•`'` day of Oc-}oEEe" , 20 15 , by Frank Garofalo as Chairman of the Pelican Marsh
Community Development District, who:
/ is personally known to me
OR
produced as proof of identity.
(affix notarial seal) £ Z-1t4ze/e ,Ci12/4/ (rY'
(Signature of Notary Public)
°' < DEANNE R EMERSON ✓�/6'htie t€- -tensa V-1
=' ,,j MY COMMISSION#FFt;i9432 (Print Name of Notary Public)
'••.'.l of `., EXPIRES'January 13,2019
Ort 7)3W-0i 53 FloridallotarySeMce.com �/ >T,32
Serial / Commission # (if any):
My Commission Expires: i//3/1/
EXHIBIT "A" (1 of 2)
PARCEL 1:
All that portion of Tract "B" Pelican Marsh Unit Five, according to the plat
thereof, recorded in Plat Book 22, Page 88 and 89, of the public records of
Collier County, Florida, LESS AND EXCEPT the following Three (3) (portions of
Vanderbilt Beach Road right-of-way) conveyed to Collier County as recorded in
(1) Warranty Deed O.R. Book 2248, Pages 1379 through 1385, more particularly
on pages 1381 through 1383 (2) Quit Claim Deed O.R. Book 2123, Pages 1062
through 1065, being a part of Lake Bunting, Block 8, according to the plat of Pine
Ridge Second Extension, Plat Book 10, Page 86 and (3) Warranty Deed O.R. Book
3057, Pages 3383 through 3390 (Parcel 131) all of the public records of Collier
County, Florida.
Subject to easements and restrictions of record.
Aerial Photo Showing Parcel 1 with Yellow Border:
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16 A 1 8
EXHIBIT "A" (2 of 2)
PARCELS 2 and 3:
All that portion of Tract 3, Pelican Marsh Golf Course, Phase One, according to
the plat thereof, recorded in Plat Book 23, Page 40 through 47, of the public
records of Collier County, Florida, LESS AND EXCEPT the following Three (3)
(portions of Vanderbilt Beach Road right-of-way) conveyed to Collier County as
recorded in (1) Warranty Deed O.R. Book 2248, Pages 1379 through 1385, more
particularly on pages 1381 through 1383 (2) Quit Claim Deed O.R. Book 2123,
Pages 1062 through 1065, being a part of Lake Bunting, Block 8, according to the
plat of Pine Ridge Second Extension, Plat Book 10, Page 86 and (3) Warranty
Deed O.R. Book 3057, Pages 3383 through 3390 (Parcel 131) all of the public
records of Collier County, Florida.
Subject to easements and restrictions of record.
Aerial Photo Showing Parcels 2 & 3 with Yellow Borders:
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V ' 1 "2 , .. ' -4'
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EXHIBIT B
(MAP SHOWING LOCATION OF PROPOSED WALL REPAIRS)
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LOCATION OF BOKEN WALL
AllIIISECTION TO BE REPAIRED
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