Agenda 04/12/2011 Item #10G
Agenda Changes
Board of County Commissioners Meeting
April 12, 2011
Continue Item 7A to the April 26, 2011 BCC Meetine: This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. DOA-PL20I0-I052: Olde
Cypress Development, LTD &Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard
Yovanovich of Coleman, Yovanovich & Koester, P.A., request a change to the previously approved Olde Cypress
Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). proposed modifications
will add 63.9 acres into the DRI boundary, amend Map H, and remove the 3.9 acre park requirement to incorporate this
change. The subject property consisting of 602:f: acres is located in Sections 21 and 22, Range 48 South, Township 26 East,
Collier County, Florida. (Companion to PUDZ-PL20I0-I054 and PUDA-PL20I0-388) (Commissioner Henning's request)
Continue Item 8A to the April 26. 2011 BCC Meetine: This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-PL2010-1054: Vita
Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Yovanovich of
Coleman, Yovanovich & Koester, P.A., request a Rezone from the Residential Planned Unit Development (RPUD) zoning
district with a Special Treatment (ST) Overlay for a project known as HD Development RPUD, and the Agricultural (A)
zoning district, to the RPUD zoning district to allow development of a maximum 125 single-family residential units & 33
multi-family units and associated accessory uses. The 65.29:f: acre property is located along the north side of Immokalee
Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East,
Collier County, FL (Companion: DOA-PL20I0-I052 & PUDA-PL20I0-388) (Commissioner Henning's request)
Continue Item 8B to the April 26, 2011 BCC Meetine:: This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. PUDA-PL2010-388, Olde
Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard Yovanovich, Esq. of
Coleman, Yovanovich & Koester, P.A., request a PUD Amendment for the Olde Cypress PUD. The PUD Amendment
request is to reduce project density from 1,100 dwelling units to 942 dwelling units & remove requirements of trails and a
park (3.9 acres minimum) in the Olde Cypress PUD/DRI. Subject property is located in the Olde Cypress subdivision,
Sections 21 & 22, Township 48 South, Range 26 East, Collier County, FL. (Companion: DOA-PL2010-1052, Olde Cypress
DRI & PUDZ-PL2010-1054, HD Development RPUD) (Commissioner Henning's request)
WITHDRAW ITEM lOG: RECOMMENDATION TO
APPROVE A FORM EASEMENT AGREEMENT FOR USE
BETWEEN COLLIER COUNTY AND BEACHFRONT
PROPERTY OWNERS REQUIRING PROPERTY
OWNERS TO PROVIDE PUBLIC BEACH ACCESS IN
EXCHANGE FOR PUBLICLY FUNDED MAJOR BEACH
RENOURISHMENT, VEGETATION PLANTING AND
DUNE RESTORATION TO THE SUBJECT PROPERTY.
(STAFF'S REQUEST)
Move Item 16A13 to Item 10J: Recommendation to enter into a contract for services for AIM Engineering to
complete a feasibility study with conceptual plans for pedestrian or bicycle facilities at the 1-75 Immokalee
Rd. Interchange in the amount up to $315,000 (FDOT Project #416237-1-38-01). (Commissioner Henning's request)
Continue Item 16C2 to April 26, 2011 BCC Meetine:: Recommendation to approve a Hazard Mitigation Grant Program
contract, agreement #l1HM-3E-09-21-01-026, with the State of Florida, Division of Emergency Management, in the
amount of $240,000, to apply towards costs associated with the installation of 1,430 linear feet of six-inch High Density
Polyethylene leachate pipe at Collier County's Landfill and authorize corresponding budget amendments. (Staff's request)
Move Item 16D9 to Item 101 (to be heard immediatelv followine: Item 10E): Recommendation to approve and authorize
the Chairman to sign a Settlement Agreement & Mutual Release with Johnson Engineering for the total value of $134,000
to resolve any and all claims and issues associated with the Goodland Boat Park and approve and authorize the Chairman
to sign award of Contract 09-5262-S to Johnson Engineering for Engineering Services for Collier County. (Staff's request)
Move Item 16G4 to Item 13A: and has been requested to be heard at 11:30 a.m.: Recommendation to authorize the
County Attorney to take all necessary action, including filing a lawsuit, to evict Gregory Shepard from his present location
at the Immokalee Regional Airport, and pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority. (Commissioner Coletta's request)
Move Item 16H4 to Item 9H: Commissioner Henning requests Board approval for reimbursement regarding attendance at
a function serving a Valid Public Purpose. Attended Chabad of Naples Annual Benefit Evening & Gala April 10, 2011 at
the Ritz-Carlton in Naples, FL $150 paid from Commissioner Henning's travel budget (Commissioner Henning's request)
Continue Item 16K3 to April 26, 2011 BCC Meetine:: Recommendation to authorize the County Attorney to file a lawsuit
on behalf of the Collier County Board of County Commissioners, against SURETY CONSTRUCTION COMPANY, in the
Circuit Court ofthe Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the
County, as a result of contracted work, for the repair to the Pollution Control Laboratory in Building "H", 3rd Floor, in the
amount of $99,492.99, plus costs of litigation, including reasonable attorneys fees. (County Attorney Staff's request)
Note:
Item 16A7: Section III, page 4 ofthe Addendum shall be revised to state, in part".. unless either party provides the other
with at least sixty (60) days notice of non-renewal" rather than one hundred and eighty (180) days. (This change is for
consistency with the original agreement and to promote ease in tracking by staff.) (Staff's request)
Time Certain Items:
Item 9G to be heard at 11 :00 a.m.
Item 13A to be heard at 11:30 a.m.
Item 8C to be heard at 1 :00 p.m.
4/12/2011 Item 10.G.
EXECUTIVE SUMMARY
Recommendation to approve a form Easement Agreement for use between Collier
County and the Beachfront Property Owners requiring the Property Owners to
provide public beach access in exchange for publically funded major beach
renourishment, vegetation planting and dune restoration to the subject property.
OBJECTIVE: To obtain approval of a form Easement Agreement in order to require
Property Owners to provide public beach access in exchange for publically funded
major beach renourishment, vegetation planting and dune restoration.
CONSIDERATIONS: Collier County is planning major beach renourishment, vegetation
planting, and dune restoration within the next two to four years. This project will be
financed using Tourist Development Taxes and/or a combination of grant money. This
project will directly affect and benefit the upland property owners as well as the
residents and visitors of Collier County.
The Board of County Commissioners discussed requiring a public use easement from
the private property owners at the May 11, 2010 BCC meeting (Agenda Item 10(C)).
The Board finds that in order to use public funds to benefit private property owners, it is
necessary to require upland property owners to agree and consent to allow full access
to the beach to Collier County residents and visitors seaward of the vegetation line.
A detailed proposed easement agreement is attached. Property descriptions for each
property will be added prior to signature.
The agreement is designed to allow an authorized signature from a condominium or
homeowner's association. Supporting documentation for signature authority will be
required. If the property is a single family homestead property, both the husband and
wife will be required to sign the agreement.
It is expected that this easement agreement will require at least two years to execute
county wide. No policy has been developed to address what consequences will occur if
property owners refuse to execute this agreement. Additionally, no analysis or FDEP
permit implications have been considered if beach stability is affected by successive
property owners refusing to execute this agreement and receiving no sand.
This agreement has not been reviewed or discussed with the City of Marco Island or the
City of Naples councils.
ADVISORY COMMITTEE RECOMMENDATIONS: On December 9,2010 the Coastal
Advisory Committee recommended conceptual approval of this Easement Agreement (4
to 2 vote) and that the easement should terminate if the funding and the routine
execution of beach renourishment, vegetation plantings and dune restoration was to
terminate.
Packet Page -1603-
4/12/2011 Item 10.G.
At the Tourist Development Council February 28, 2011 meeting a recommendation not
to approve this Easement Agreement passed unanimously 9 to O.
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development
Taxes, State and/or Federal Grants.
It is anticipated that the cost to execute this easement for the Vanderbilt, Park Shore,
Naples and Marco Island beaches can be as high as $150,000. This cost would include
researching property data information, preparation of the easement documents,
development of property owner letters, telephone calls, meeting with owners and
recording the documents. The cost to execute 10 and 20 year temporary construction
easements in 2005 for the Naples, Park Shore and Vanderbilt beaches was
approximately $68,000.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action. - JAK
RECOMMENDATION: To approve a form Easement Agreement for use between
Collier County and Beachfront Property Owners to provide public beach access in
exchange for the County providing major beach renourishment, vegetation planting, and
dune restoration using public money.
PREPARED BY: Gary McAlpin, CZM Director
Packet Page -1604-
4/12/2011 Item 10. G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.G.
Item Summary: Recommendation to approve a form Easement Agreement for use
between Collier County and the Beachfront Property Owners requiring the Property Owners to
provide public beach access in exchange for publically funded major beach renourishment,
vegetation planting and dune restoration to the subject property.
Meeting Date: 4/12/2011
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
2/10/20112:13:05 PM
Submitted by
Title: Accountant,Coastal Zone Managcment
Name: HambrightGail
2/10/20112:13:07 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 2/14/2011 8:32:24 AM
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zone Management
Date: 2/14/20114:44:21 PM
Name: GreeneCol1een
Title: Assistant County Attorney.County Attorney
Date: 2/17/2011 1:01 :52 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 3/2/20112:14:02 PM
Packet Page -1605-
4/12/2011 Item 10.G.
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/7/2011 3:17:0] PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/28/201] 11 :55:20 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs.CMO
Date: 4/5/201] 2:53:29 PM
Name: OchsLeo
Title: County Manager
Date: 4/5/20 I] 4:24:35 PM
Packet Page -1606-
EASEMENT AND AGREEMENT FOR BEACH RENOURISHMENT,
PLANTING, DUNE RESTORATION, AND PUBLIC BEACH ACCESS
THIS BEACH RENOURISHMENT, PLANTING, DUNE RESTORATION, AND PUBLIC
BEACH ACCESS EASEMENT ("Easement") granted this day of
, 2011, by , whose mailing
address is as Grantor, to the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY, whose mailing address is 3299 East Tamiami Trail, Naples,
Florida 34112, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the mutual benefits to be derived
from the Collier County Beach Renourishment Project, and other good and valuable
consideration, hereby grants, bargains, and conveys to the Grantee this Public Beach Access
Easement on, over and upon the following described property ("Easement Property"):
All of that land which lies [seaward of the seawall located on the property
(or) the sandy beach seaward of the vegetation line] on the property of the
tract or parcel of land lying within the parcel of real property described in O. R.
Book , Page of the Public Records of Collier County, Florida, a
copy of which is attached hereto as Exhibit "A."
WHEREAS, Collier County is planning a major beach renourishment, vegetation planting and
dune restoration project in 2013 which will be funded in whole or in part by Tourist Development
Taxes, State and/or Federal Grants; and
WHEREAS, the major beach renourishment project, planting and dune restoration, will directly
affect and benefit the upland property owners as well as the residents and visitors of Collier
County; and
WHEREAS, the Board of County Commissioners finds that in order to use public funds to
benefit private property owners it is necessary that property owners agree and consent to allow
full access to Collier County residents and visitors alike to the beach; and
WHEREAS, this Easement and Agreement for Beach Renourishment, Planting, and Dune
Restoration, and Public Beach Access, shall be entered into and recorded in the land records of
Collier County to bind [Grantor] its successors and assigns; and
WHEREAS, the parties wish to establish their respective rights and responsibilities relative to
the use and maintenance of the beach front area described in the attached Exhibit "A"
("Easement Property").
NOW THEREFORE Grantor hereby conveys an Easement and Agreement for Beach
Renourishment and Public Access to Collier County as follows:
In consideration of the mutual benefits to be derived from the beach renourishment and other
good and valuable consideration, the Grantor hereby grants, bargains and conveys to the
Grantee a permanent, non-exclusive easement on, over and upon the Easement Property.
This is a non-exclusive Easement with Grantor reserving the right to continued free use of the
Easement Property in a manner not inconsistent with the rights granted herein to Grantee,
subject to the following terms and conditions:
1. Use. The Easement Property may be used by Grantee, its contractors, agents, and
assigns for the purpose of implementing and maintaining the Collier County Beach
Renourishment Project and shall include, without limitation, the right to utilize the Easement
...... I" "" ,.,'" .
2. Reasonable Use. The rights and interest conveyed hereunder are conditioned upon the
reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with
Grantor's use of the Easement Property. Grantee further agrees that it shall, at the Grantee's
cost, repair any damage caused to Grantor's property as a result of Grantee's negligence.
3. Grantor's Obliqation. Grantor agrees not to do or commit any acts that would interfere
with the rights granted to Grantee under this Easement. Grantor expressly agrees not to move
or remove any material placed upon said Easement Premises by Grantee without the prior
written consent of the Grantee, permitting agency or other regulatory agency. Grantor hereby
agrees not to modify or revoke any of the aforesaid rights for the full term of this Easement
Agreement without prior written approval of the Grantee. Grantor specifically understands and
agrees that large sums of money will be expended by the County, the State of Florida, the
United States and others and heavy obligations incurred by the County, the State of Florida, the
United States and others for the purpose of beach renourishment, all in reliance upon the rights
granted by this Easement Agreement remaining unmodified and unrevoked for the full term of
this agreement.
4. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner of
and has good and marketable legal title to the Easement Property; that Grantor has the full
right, power and authority to grant this Easement to Grantee, and all other rights granted
hereunder; and that Grantor agrees that in the event another party attempts to and/or does not
set aside this Easement based upon a superior right in the Easement Property, or commit any
act which would in any way nullify or interfere with the rights granted hereunder, the Grantor will
take all such steps as shall be necessary and appropriate to secure to Grantee the rights and
interests secured hereunder.
5. Notice In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such
damage, to notify Grantee in writing, in care of the following individual and address, by certified
mail, return receipt requested:
Gary McAlpin, Director
Coastal Zone Management
Collier County Government
3299 Tamiami Trail East
Naples, Florida 34112.
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage.
6. Term. This Public Beach Renourishment, Planting, Dune Restoration and Public Beach
Access Easement shall run with the land and shall be binding upon and inure to the benefit of
all present and future owners of any portion of the Property and their successors and/or
assigns, it being the intention of the Grantor that this Easement be perpetual
This is HOMESTEAD Property
This is NOT HOMESTEAD Property
This is a Homeowners' Association and the signature below is by a duly authorized individual
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
this day of , 2011.
Signed, Sealed and Delivered
in the presence of:
Grantor:
(Sealed)
Witness
Name - Typed or Printed
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
2011, by who is personally known to me or who has
produced as identification and who did not take an oath.
Signature
Name - Typed or Printed
Notary Public