Backup Documents 11/12/2013 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP h -(--t)
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ( 2-1(6
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 Attoey lic later
than Monday preceding the Board meeting. UU
**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. Emily R. Pepin, ACA County Attorney Office EP
2. BCC Office Board of County (ok-k
Commissioners —DA la-11311-3
3. Minutes and Records Clerk of Court's Office t LI(3 ((3
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 Toni A.Mott Phone Number 252-8780
Contact/ Department
Agenda Date Item was November 12,2013 Agenda Item Number 16D5
Approved by the BCC
Type of Document Naples Municipal Airport Avigation and Number of Original 1
Attached Hazard Easment Documents Attached
PO number or account Is04k p ND 1-74_ Perort.DH36%
number if document is Cos? ce--.JTclt I?8 9 g 7 � � 41164-L4>✓
to be recorded 061 cone (OcD 30
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? TM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 EP
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 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 TM
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 TM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 as stated above and all changes made TM
during 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 the E'
BCC,all changes directed by the BCC have been made,and the document is ready for the r
Chairman's signature.
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
INSTR 4924801 OR 4992 PG 3580
RECORDED 12/17/2013 8 38 DWIGHT E BROCK, CLERK OFITHE CIRCUIT COURT 1605
COLLIER COUNTY FLORIDA
REC$61.00
NAPLES MUNICIPAL AIRPORT
AVIGATION
and
HAZARD EASEMENT
AGREEMENT, made November IA, 2013, between THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the
State of Florida, whose address is Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida 34112, hereinafter called the Grantor, and CITY OF NAPLES
AIRPORT AUTHORITY, a political subdivision of the State of Florida, whose address is
161 Aviation Drive North, Naples, Florida 34104, hereinafter called the Grantee, its
successors and assigns.
RECITALS
A. Grantor is the owner of certain real property commonly known as the
Greenway and more particularly described and illustrated on Exhibit A attached hereto
(the "Property").
B. Grantee is the owner of certain real property commonly known as the
Naples Municipal Airport (the "dominant tenement") and more particularly described on
Exhibit B attached hereto. Exhibit B also depicts the height limitations for airport
hazards over the Property.
C. Grantee desires to acquire certain rights in the Property for the use and
benefit of the public, an easement and right-of-way, appurtenant to the Naples
Municipal Airport for the unobstructed use and passage of all types of aircraft (as
hereinafter defined), in and through the airspace above the Property.
D. Grantor has acquired the Property with partial funding from Florida
Communities Trust (FCT), and the Property is subject to certain limitations provided in
the FCT Grant Award Agreement as recorded in OR Book 4253, Pages 713-726, and
amended in OR Book 4817, Pages 2217-2225 in the Official Records of Collier County,
Florida (the "Grant Agreement")
E. As part and condition of such FCT funding, the Grantor provided, and FCT
approved, a Management Plan for the project site, and together with the Grant
Agreement, the terms of which are hereby incorporated herein by reference.
F. Grantor intends that the conservation and recreation values of the
Property be preserved and enhanced in accordance with the Management Plan, as it
may be amended from time to time only after review and approval by FCT.
G. FCT shall approve all leases, easements or other similar documents that
affect property funded by FCT.
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H. The Grant Agreement's restrictions on the FCT funded property are
superior to any other restrictions placed upon the Property.
All activities by the Grantor and Grantee shall be consistent with the Grant
Agreement and Management Plan.
J. Grantor, Grantee, and FCT agree that Grantee has a right to enforce
height restrictions pursuant to Section 333.02, Florida Statutes, and the FCT Grant
Agreement and Management Plan are expressly intended to comply with Grantee's
height restrictions, as depicted in Exhibit B.
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this agreement, the parties agree as follows:
SECTION ONE. GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the payment to Grantor the sum of One
Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) from Grantee, to be paid as
follows:
a. One Hundred Forty Thousand and 00/100 Dollars ($140,000.00) on execution
and recordation of this Avigation and Hazard Easement which grants an
easement and right-of-way to the Airport Authority over the Property as
described herein (the "Easement"); and
b. Ten Thousand and 00/100 Dollars ($10,000.00) upon demonstration to the
Grantee that Grantor, at Grantor's cost and expense, has removed or
eradicated all trees of the genus Casuarina including without limitation C.
cunninhamiana, C. glauca and C. equisetifolia commonly called "Australian
Pine, and further that Grantor has made arrangements to periodically inspect
the Property for regrowth or new growth of Casuarina and remove or
eradicate any regrowth or new growth.
Grantor shall submit to Grantee copies of invoices paid, up to an aggregate
amount of $150,000, by Grantor to remove and eradicate the specified
invasive exotic plants, and a copy of the maintenance contract to remove or
prevent regrowth or new growth.
SECTION TWO. CHARACTER OF EASEMENT
The Easement granted in this instrument is appurtenant to the dominant
tenement, and shall be for the benefit of the real property known as the "Naples
Municipal Airport" ("Airport") described in Exhibit B, including any additions thereto
wherever located, hereafter made by the City of Naples Airport Authority, or its
successors and assigns, including any and all persons, firms, or corporations operating
aircraft to or from the Airport.
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SECTION THREE. DESCRIPTION OF EASEMENT.
The Easement and burden, together with all things which may be alleged to be
incident to or resulting from the use and enjoyment of this Easement, including, but not
limited to the right to cause in all airspace above or in the vicinity of the surface of the
Property noise, vibrations, fumes, deposits of dust or other particulate matter, fuel
particles (which are incidental to the normal operation of aircraft), and any and all other
effects that may be alleged to be incident to or caused by the operation of aircraft over
or in the vicinity of the Property or in landing at or taking off from, or operating at or on
the Airport is hereby granted; and Grantor does hereby fully waive, remise, and release
any right or cause of action which it may now have or which it may have in the future
against Grantee, its successors and assigns, due to such noise, vibrations, fumes, dust,
fuel particles and all other effects that may be caused or may have been caused by the
operation of aircraft landing at, or taking off from, or operating at or on the Airport. As
used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in
existence or hereafter manufactured and developed, to include, but not limited to, jet
aircraft, turbine aircraft, propeller driven aircraft, civil aircraft, military aircraft,
commercial aircraft, helicopters and all types of aircraft or vehicles now in existence or
hereafter developed, regardless of existing or future noise levels, for the purpose of
transporting persons or property through the air, by whoever owned or operated.
The Easement and right-of-way hereby conveyed further grants to the Grantee
the continuing right to prevent the erection or growth upon the Property of any building,
structure, tree, or other object, extending into the airspace above the aforesaid
imaginary plane as depicted in Exhibit B and to remove from the air space at Grantor's
expense or, at the sole option of the Grantee, as an alternative, to mark and light as
obstructions to air navigation, any such building, structure, tree or other objects now
upon, or which in the future may be upon the Property, together with the right of ingress
to, egress from, and passage over the Property for the above purpose.
The Easement and right-of-way conveyed hereby also grants to the Grantee the
continuing right and authority to review and approve all future development or
improvement plans contemplated by Grantor on the Property. Grantor agrees to include
Grantee in any discussions it has with the FAA or FDOT related in any way to the
Airport.
Grantor further agrees and covenants with Grantee that Grantor shall fully
comply with the requirements and provisions of the Collier County Land Development
Code "Standards for Development in Airport Zones" as from time to time amended.
THE GRANTOR, for itself, its representatives, successors, and assigns, does
hereby agree that for and during the term of this avigation easement, it will not hereafter
erect, permit the erection or growth of, or permit or suffer to remain upon the Property (i)
any structure in the Runway Protection Zone which is an airport hazard or (ii) anything
which might create glare or misleading lights, fuel handling and storage facilities, or
smoke generating activities.
1 �
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AND for the consideration hereinabove set forth, the Grantor, for itself, its
representatives, successors, and assigns, does hereby agree that for and during the
term of this avigation easement, it will not hereafter erect, permit the erection or growth
of, or permit or suffer to remain upon the Property any building, structure, tree or other
object extending into the airspace above the aforesaid imaginary plane as depicted in
Exhibit B, and that they shall not hereafter use or permit or suffer the use of the
Property in such a manner as to create electrical interference with radio communication
between any installation upon said Airport and aircraft, or as to make it difficult for flyers
to distinguish between airport lights and others, or to permit any use of the Property
that causes a discharge of fumes, dust or smoke so as to impair visibility in the vicinity
of the airport or as otherwise to endanger the landing, taking off or maneuvering of
aircraft. Grantor furthermore waives all damages and claims for damages caused or
alleged to be caused by or incidental to such activities.
It is expressly agreed and understood that the Grantee is a body politic and
corporate, which operates a municipal airport, and is subject to regulation by the
Federal Aviation Administration ("FAA") and Florida Department of Transportation
("FDOT"). Notwithstanding anything in this Easement to the contrary, Grantor shall not
unreasonably withhold authorization, consent, or approval for any activities on the
Property required by the FAA or FDOT for enhancement of public safety.
The Grantee shall not be responsible for any costs or expenses related to the
operation, upkeep or maintenance of the Property.
TO HAVE AND TO HOLD the Easement and right of way, and all rights
appertaining thereto unto the Grantee, its successors, and assigns, until the Naples
Municipal Airport shall be abandoned and shall cease to be used for public airport
purposes.
It being understood and agreed that the aforesaid covenants and agreements
shall run with the land and shall be binding upon the administrators, successors and
assigns of the Grantor until said Naples Municipal Airport shall be abandoned and
cease to be used for public airport purposes.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their seals
this for day of November, 2013.
AS TO GRANTOR:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, a political
ATTEST: subdivisio f;he State of Florida
cc_ 230,..t.),ci1/4._
By:
D igt C. Brock Georgi . Hil r, Esq., Chairwoman
Clerk of the Bopr cV,:
Attest as to Chap pn s
sianaturP only.. _4_ �` )f
298715.16/8/2012/
•
16135
AS TO GRANTEE:
CITY OF NAPLES AIRPORT AUTHORITY
Witness
ShulQ �.a By: -� b.
Print Name heodore D. Soliday, Executive irector
I
Wiss
TO J'1 rctd1L \i
Print Name
Approved as to form and legality
Emily R. ' -pin
Assistant County Attorney
REVIEWED AND APPROVED FOR
FLORIDA COo P NITIES TRUST BY
Ric Mercer, Director, Office of Operations
Land and Recreational Grants Program
Florida Communities Trust
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, ,
1613 5
EXHIBIT "A"
All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying South of
Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2,
Public Records of Collier County, Florida. (Folio #61947800001);
WO
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Exhibit B
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