Agenda 07/08/2014 Item #16C 37/8/2014 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve an agreement with Olde Cypress Homeowners' Association, Inc.,
regarding the installation of fencing around wastewater pump stations.
OBJECTIVE: Meet the demand for wastewater services and stay in compliance with regulatory agency
requirements while being considerate of neighborhood needs.
CONSIDERATIONS: Residents of the Olde Cypress community have approached the Public Utilities
Division (PUD) Wastewater Department to obtain approval for installing decorative fencing around
several of the wastewater pump stations located in the community. PUD staff rejected a request by the
Olde Cypress Homeowner's Association (Association) to install decorative fencing surrounding a portion
of the wastewater pump station easement due to the potential liability associated with the fencing material
during a high wind/hurricane event. The Association agreed to reduce liability to the Collier County
Water -Sewer District by agreeing to the following conditions:
1. County agrees that Association may install fences and landscaping surrounding the
pump stations in accordance with certain specifications;
2. Association agrees to obtain and be responsible for obtaining any pen-nits required in
connection with the installation of any fencing or landscaping;
3. Association agrees that it will maintain, repair and replace such fences and
landscaping in good condition; and
4. Association agrees to indemnify and hold harmless the County from and against all
claims, damages, losses, and expenses including, but not limited to, attorney's fees
arising out of or resulting from the presence of the fences and landscaping and the
Association's maintenance thereof.
The County Attorney's Office drafted an agreement incorporating the above conditions, which has been
signed by officers of the Association, and is attached for the Board's consideration.
FISCAL IMPACT: There is no fiscal impact associated with the execution of the proposed agreement.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of
the Collier County Water -Sewer District, approve the agreement with the Olde Cypress Homeowners'
Association, Inc., regarding the installation of fencing around wastewater pump stations, and authorize its
Chairman to sign the attached Agreement.
Prepared By: Craig Pajer, Principal Project Manager, Public Utilities Planning and Project Management
Department
Attachments: Agreement
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7/8/2014 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.3.
Item Summary: Recommendation to approve an agreement with Olde Cypress
Homeowners' Association, Inc., regarding the installation of fencing around wastewater pump
stations.
Meeting Date: 7/8/2014
Prepared By
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid & Hazardous Waste Management
Date: 6/10/2014 11:16:47 AM
Name: JohnssenBeth
Title: Director - Wastewater, Wastewater
Date: 6/12/2014 10:54:33 AM
Name: Joseph Bellone
Title: Director - Operations Support, Utilities Finance Operations
Date: 6/13/2014 9:04:17 AM
Name: ChmelikTom
Title: Director - Public Utilities Engineering, Public Utilities Engineering
Date: 6/13/2014 11:06:51 AM
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 6/23/2014 4:26:11 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/24/2014 10:15:30 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
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Date: 6/25/2014 9:33:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 5:24:30 PM
Name: OchsLeo
7/8/2014 16.C.3.
Title: County Manager, County Managers Office
Date: 6/30/2014 2:17:00 PM
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M
7/8/2014 16.C.3.
AGREEMENT
THIS AGREEMENT is made and entered into on this 10th day of December, 2013, by
and between OLDE CYPRESS HOMEOWNERS' ASSOCIATION, INC., a Florida not -for-
profit corporation, whose mailing address is 5495 Bryson Drive, Suite 412, Naples, FL 34019
(hereinafter referred to as "Association ") and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Association is the homeowners association for the community known as
Olde Cypress Single Family Community ( "Community"), pursuant to the Declaration of
Covenants, Conditions, Restrictions and Easements recorded in O.R. Book 2546, Page 973 of the
Public Records of Collier County, Florida; and
WHEREAS, County has pump stations located within platted County Utility Easements
on lots in the Community with the following addresses: 7465 Treeline Drive, Naples, FL 34119;
2742 Olde Cypress Drive, Naples, FL 34119; 2889 Lone Pine Lane, Naples, FL 34119; 2746
Olde Cypress Drive, Naples, FL 34119; and 2893 Lone Pine Lane, Naples, FL 34119. The legal
descriptions of such properties are set forth in the Consent and Joinders attached to this
Agreement as Exhibit "A."
WHEREAS, Association has requested that the County permit it to install fences and
landscaping surrounding the pump stations and County has agreed, subject to the conditions set
forth in this Agreement.
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. All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. County agrees that Association may install fences and landscaping surrounding
the pump stations in accordance with the specifications set forth in Exhibit "B," attached hereto
and made a part hereof, subject to the parties right to terminate this Agreement as provided
herein. Association further agrees to obtain and be responsible for obtaining any permits required
in connection with the installation of any fencing or landscaping.
3. Association agrees that it will maintain, repair and replace such fences and
landscaping in good condition.
4. Association agrees to indemnify and hold harmless the County from and against
all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out
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7/8/2014 16.C.3.
of or resulting from the presence of the fences and landscaping and the Association's
maintenance thereof.
5. 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
transmittal, or by registered or certified mail, return receipt requested, postage prepaid, addressed
as follows:
If to County: Beth Johnssen, Wastewater Director
Public Utilities Division
3339 East Tamiami Trail, Suite 303
Naples FL 34112 -5361
(239) Sg l - 1 to t l (facsimile)
If to Association: Travor Lutz, CAM
Sandcastle Management, Inc.
5495 Bryson Drive, Suite 412
Naples, FL 34109
(239) ,<-Y- '701/ (facsimile)
The addressees and numbers may be changed by either party by giving written notice of such
change to the other party in the manner provided herein. For the purpose of changing such
addresses or addressees only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all purposes.
6. No waiver of, or failure to claim, any breach of this agreement by either party
shall be construed as a waiver of any rights or remedies with respect to any subsequent breach of
this Agreement.
7. 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 successors and assigns. Either party may terminate
this Agreement with ninety (90) days written notice to the other party. In the event of
termination of the Agreement, the Association shall restore the property to the condition it was
prior to the effective date of this Agreement.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
9. This Agreement may be executed in any number of counterparts, each of which
when taken together shall be deemed to be one and the same instrument.
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10. In the event any term or provision of this Agreement is determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal
meaning or be construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and
year first above written.
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,Deputy Clerk
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
1 f . I � /j =7I1 4
Tom Renniag,.Chairmain
AS TO ASSOCIATION: OLDE CYPRESS
HOMEOWNERS' ASSOCIATION, INC.
By:
Nancy Bur, President
Page 3
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Exhibit "A"
Pump Station 107.52
Address: 7465 Treeline Drive, Naples, FL 34119;
Legal Description: OLDE CYPRESS UNIT TWO TRACT 3 LOT 1
Pump Station 107.51
Address 1: 2742 Olde Cypress Drive, Naples, FL 34119
Legal Description: OLDE CYPRESS UNIT ONE TRACT 4 LOT 17
Address: 22746 Olde Cypress Drive, Naples, FL 34119
Legal Description: OLDE CYPRESS UNIT ONE TRACT 4 LOT 18
Pump Station 107.53
Address 1: 2889 Lone Pine Lane, Naples, FL 34119
Legal Description: OLDE CYPRESS UNIT THREE TRACT 5 LOT 43
Address 2: 2893 Lone Pine Lane, Naples, FL 34119
Legal Description: OLDE CYPRESS UNIT THREE TRACT 5 LOT 42
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MAR 0 S 1019
CONSENT AND JOINDER
The undersigned, as owners of Lot 1, Tract 3, Oide Cypress, Unit Two, according to the
plat thereof recorded in Plat Book 32, Page 66, Public Records of Collier County, Florida,
hereby consent to and join in the foregoing Agreement.
Witnesses:
Witness Name:! J n zr1 I l(' A=i�inrr -f, Andrew o�"�gbs
Witness Name: Agnes D'Jamoos
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this &4ay of 2011466'
by Andrew D'Jamoos and Agnes D'Jamoos, Husband and Wife. They are ( )personally Imown
to me or have produced as
identification and did take an oath.
(SEAL)
Notary P
jiblic
xam -(hcee Ca5klEJick
(Type or Print)
My Commission Expires O I
EXPIRES: August 1o, 2014
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MAR Q 5 20
4 "
EXHIBIT `B"
CONSENT AND JOINDER
The undersigned, as owners of Lot 1, Tract 3, Olde Cypress, Unit Two, according to the
plat thereof recorded in Plat Book 32, Page 66, Public Records of Collier County, Florida,
hereby consent to and join in the foregoing Agreement.
Witnesses: ,
wimess name:
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me
by Andrew D'Jamoos and Agnes D'Jamoos, Husband and Wi
to me or have produced
identification and did take an oath.
(SEAL) - "v
fiY of 201146 .
6. They are ( )personally known
as
Notaryfic'
Nam ZA45 2 e) . U5klEV Jr—
(Type or Print)
My Commission Expires: A0 1
Eno CaMMEWM
* * My COAOSSIN I EE 01W10
�* EXPIRES: August 10, 2014
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CONSENT AND JOINDER
The undersigned, as owner of Lot 17, Tract 4, Olde Cypress, Unit One, according to the plat
thereof recorded in Plat Book 32, Page 1, Public Records of Collier County, Florida, hereby
consents to and joins in the foregoing Agreement.
Witnesses:
f
i
Witness Name: ,� r %t SC% r;-7 411 P r J Michele M. Ward, Trustee of the Michele M. Ward
Trust Agreement dated June 3, 1997
Witness Name:
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this q day of
` - 201q, by Michele M. Ward, Trustee of the Michele M. Ward Trust Agreement
dated June , 1997, who is ( !'-) personally known to me or who has produced (type of
identification) as identification.
n �r
(SEAL)
Notary Public
MARIA LUM of AfiMAs
MY COMWSSION t FF OW71 Name:
.r EXPRES; October 18, 2017
Bvr4W 7Aru N*Wy PAk Un erNFUM (Type or Print)
My Commission Expires: fo %i'?, /l 7
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CONSENT AND JOINDER
The undersigned, as owners of Lot 43, Tract 5, Olde Cypress, Unit Three, according to the
plat thereof recorded in Plat Book 32, Page 84, Public Records of Collier County, Florida,
hereby consent to and join in the foregoing Agreement.
Witnesses:
Witness Name: 4-W Pq /��
Witness Name•(2#4-:4yL
U 16.
STATE OF FL49RM�A )
COUNTY OF CQbLE9& )
The foregoing instrument was acknowledged before me this _! a day of AA 2014
by Robert D. Bailey and Barbara. Jo Bailey, Husband and Wife. They are personally known to
me or have produced as
identification and did take an oath.
(SEAL)
Notary Public
Name: -T rt"
(Type or Print)
My Commission Expires:
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7/8/2014 16.C.3.-
CONSENT AND JOINDER
The undersigned, as owner of Lot 18, Tract 4, Olde Cypress, Unit One, according to the
plat thereof recorded in Plat Book 32, Page 1, Public Records of Collier County, Florida, hereby
consents to and joins in the foregoing Agreement.
STATE OF FLORIDA
COUNTY OF COLLIER
— �" — (g, 'e �'
Bertha Chinn, Trustee of the Bertha Chinn Living
Trust dated March 23, 2000
JThe foregoing instrument was
L/ 2013, by Bertha Chinn,
23, 2000, wh is ( ) personally known
as identification.
(SEAL)
0�04'NY NANCI M. SPIRES
= Notary Public • Sqh of Fbtldt
r My Comm. Expire, Apr 7, 2017
�,,•�° Comminloe i FF 005013
acknowledged before me this 1�` day of
Trustee of the Bertha Chinn Living Trust dated March
to me or who has produced (type of identification)
Notary Public
Name: k r —
(Type or Print)
My Commission Expires: ->U
it I
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CONSENT AND JOINDER
The undersigned, as owners of Lot 42, Traci 5, Olde Cypress, Unit Three, according to the
plat thereof recorded in Plat Book 32, Page 84, Public Records of Collier County, Florida,
hereby consent to and join in the foregoing Agreement.
$all
A
Witness Name:
7
STATE OF FLORIDA )
COUNTY OF COLL ER
s
The foregoing instrument was acknowledged before me this �6 day o 201 ..
by h mes P. Kress- and Lyn,& Kress; � and V�ife. They are (, - y to, me- or
have produced as identification and
did take an oath.
(SEAL)
OV Notary Public State of FM Ada
�P Carolyn Sabin OPP1e
MEx S1S
pft*05/0W201S
i I ypw UL rnMJ
my Commissim Expz=
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Exhibit B
Fencing Specifications
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POLY VINYL CREATIONS
11313 STATE ROAD 52
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