Backup Documents 11/10/2015 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 15
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.
ROUTING SLIP i!<<�
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document 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 th County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
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2. �,
3. County Attorney Office County Attorney Office ZI>\-e-.4'�
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4. BCC Office Board of County 1`V\I
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5. Minutes and Records f Clerk of Court's Office
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oft „f 6 t 2,34A di 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 Michelle L.Sweet Phone Number 252-6027
Contact/ Department TECM-ROW
Agenda Date Item wasAgenda Item Number
Approved by the BCC f l j L A-l,r
Type of DocumentNumber of Original
-1'./.44413-4-Attached •,, Documents Attached
PO number or account
number if document is 1J/j
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? IL,'
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. N 1A
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 Ale
by the Office of the County Attorney. ,
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board '' 10
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.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. nt'`3
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.
Some documents are time sensitive and require forwarding to Tallahassee within a certain P1'5
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on J11lQ!iJ(enter date)and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County 1'4' 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 t - :..,71*.e,_Wk A is not
BCC,all changes directed by the BCC have been made,and the document is ready fs thw .1 A ption for
Chairman's signature. 'h line.
INSTR 5198055 OR 5216 PG 2061
RECORDED 11/23/2015 8.03 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
PROJECT: Veteran's Memorial Boulevard
FOLIO No: 66679718107 & 66679718084
TEMPORARY USE AGREEMENT 1 6 A 1 5
THIS TEMPORARY USE AGREEMENT (hereinafter referred to as the
"Agreement") ") is made and entered into on this IC'4" day of 001~4,
2015, by and between THE STRAND AT NAPLES, LLC, a Florida limited liability
company, whose mailing address is 5840 Strand Boulevard, Naples, Florida 34110
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida (hereinafter referred to as "County"), whose mailing address is 3299
Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida
34112.
WHEREAS, The Strand (hereinafter referred to as the "Subject Property"); is
comprised of a golf course and golf course amenities, and
WHEREAS, County is the owner of the Veteran's Memorial Boulevard right-of-way
north of the golf course at The Strand; and
WHEREAS, portions of the improvements which constitute the golf course were
constructed within the Veteran's Memorial Boulevard right-of-way (hereinafter referred
to as the "Encroachments"); and
WHEREAS, these Encroachments include portions of the concrete golf cart path,
planter beds containing bushes and trees, irrigation lines, valves and sprinkler heads,
and a small concrete block restroom building with plumbing and electrical wiring
WHEREAS, Owner desires that these Encroachments be removed as exceptions
to title of the Subject Property; and
WHEREAS, County will permit the Encroachments to remain in the Veterans
Memorial Boulevard right-of-way temporarily, until such time as County needs to use
the area depicted on Exhibit "A" (attached hereto and made a part hereof); and
WHEREAS, County and Owner agree that there will be no fee, charge or payment
to County in exchange for Owner's temporary use of a portion of the County's right-of-
way.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), 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 and Exhibits are true and correct and are
hereby expressly incorporated herein by reference as if set forth fully below, and are
made a part of this Agreement.
16A1b
Page 2
2. EFFECTIVE DATE - This Agreement shall be effective as of the date first set forth
above 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.
3. TERMINATION - County has the unilateral right to terminate this Agreement at will
by providing Owner with one hundred and eighty (180) calendar days notice of its intent
to construct and/or install improvements in the temporary use area depicted on the
Exhibit attached hereto. Any and all improvements located within the temporary use
area at the end of the 180 day notice period shall be deemed to have been abandoned
by Owner and may be removed and disposed of by County with no payment to or
recourse by Owner,
4. HOLD HARMLESS & INDEMNIFICATION — OWNER agrees to release from liability,
and to hold harmless COUNTY, its employees and agents against any and all claims
brought by or on behalf of the OWNER, its employees, contractors, any person, or other
legal entity which may arise from the OWNER'S use of the demised premises and will
further hold harmless, indemnify and defend the COUNTY, its agents, participants,
contractors or employees, from all costs, attorney's fees, expenses, and liabilities
incurred as a result of any claim or proceeding brought thereon.
5. LEGAL MATTERS — In the event either party hereto shall institute legal proceedings
in connection with, or for the enforcement of, this Agreement, the prevailing party shall
be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial
and appellate levels. This Agreement may be recorded by the County in the Official
Records of Collier County, Florida. Owner shall pay all costs of recording this
Agreement prior to the execution of this Agreement. A copy of the Recorded
Agreement will be provided to the Owner. This Agreement is the entire agreement
between the parties, and supersedes all previous ora' and written representations,
agreements and understandings between the parties. 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 hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: A.,,b4.41,46..A J.ed
ATTEST: -- - BOARD OF COUNTY COMMISSIONERS
D IGHT E. OCK. Clerk COLLIE' e Y, ORIDA
. _
7
By, - mitt By:
Attestas to Chainis4Ct Clerk TIM ANCE, Chairman
signature only;"
1 6 A 1 5
Page 3
AS TO OWNER: THE STRAND AT NAPLES, LLC,
a Florida limited liability co. pany
DAT, D: q79//5
-it-' /e2/-&kte-L)711;:•(. BY:
Witness (Signature) (signaturz
t106t. )(/.1.1/91k/a/--)// Egic S-filoe641,7
Name (Print or Type) (print full name)
:4io& Ca, u
Witness (Signature) (corporate title)
Kocb a Calv'
Name (Print or Type)
STATE OF IL--
COUNTY OF k.M-Ns---D c-.. tk..)
afll ,
The foregprig Temporary Use Agreement was ac)4nowledged before me this l i
ON of .k..1-Dill'iik-i,CLer , 20 (S. by --1,.1 C.. ,)-4 0-/ (Vt/t,/ __. , as
on behalf of The Strand at Naple , LLC, who:
is personally known to me
OR
produced as proof of
identity.
dik .
(affix notarial seal) MN LA ° .iit ...L. (---
Sign ture of Notary Pu e ic)
1 "'OFFICIAL SEAL" %
g ' /jfrc,Uk_ e_ (ja,,irsL—
ANDREA CLARK 5
5 ;
NOTARY PUBLIC-STATE OF ILLINOIS f (Prin Name of Notary Public)
5 MY COMMISSION EXPIRES FEB 7 2017
Serial / Commission # (if any):
My Commission Expires:
The fore 1 oile ' pprarsrMe Agreement
Approve a- 4 54- m and legality:
. ,
tilift
4
Jeffrey A.' : at ow. County Attorney
1
16A151
Exhibit "A" OR: 2891 PG: 1078
DESCRIPTION
OF A PARCEL OF LAND
LYING IN
SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST
(RIGHT-OF-WAY)
A TRACT OF LAND FOR RIGHT.OF.WAY LYING IN THE STA TE OF FLORIDA.COUNTY OF
COLLIER,IN SECTION 18,TOWNSHIP 48 SOUTH,RANGE 26 EAST, BEING PART OF ritArr
FD9,TRACT EDI°AND TRACT 16 OF PELICAN STRAND REPLA T IC AS RECORDED IN PLAT
BOOK 31 AT PAGES 54 THROUGH S7 OF THE PUBLIC RFCORDs DI' COLLIER COUNTY.
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AF THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH,RANGE
26 EAST,THENCE S 88°31'41"E ALONG THE NORTH LINE OF SAID SECTION 18 FOR 3463 80
FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-W AY LINE OF INTERST A FE 7 5(I-
75), THENCE S 00°3621"W ALONG THE WEST RIGHT-OE-WAY LINE OF SAID IN TERSrArE 75
FOR 100 01 FEET,THENCE N 88°3141 W FOR 560 12 FEET,THENCE N 00°36'21"E FOR 50 01
FEET,THENCE N 88°3141 W FOR 2903 6.1 FEET r9 THE INTERSECTION WITH THE WEST LINE
OF SAID SECTION 18,THENCE N 00°34'09:44 E14. Lelit.5VIEES I LINE OF SAID SFCIION IM
FOR 50 01 FEET TO THE POINT5W4 -1-146:-----,
i A
CONTAINING 4 62 ACRES MOREA,RtESS.—\ \ \
,
BEARINGS ARE BASED ON T E air rE 11-1 T . ),i; WArNioiliP 48 SOUTH,RANGE
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ty,
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26 EAST,BEING S 88.31'41"El ' ) c
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SUBJECT TO EASEMENTSRI 'cRICTIONS,RESERVA*4°NS ANRIGHTS-OF WAY OF
RECORD(WRITTEN AND L1,44
TTEN,RECORDED AW UNRE. ABED)
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Surveyor and Mapper in Responsible Chare
Denis I O'Connell,it,LS 05430
Community Engineering Services,Inc. LB 06572
4200 Soma Beach Road,Suite 213
Bonita Spnn, , 341
Signed
Date O'iVil/C i
Q10•14P5 115097 2
1 6 A 1 5
*t* OR: 2891 P0: 1079 /At
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