Backup Documents 10/23/2018 Item #16C 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 2
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.
**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.
2.
3. County Attorney Office
County Attorney Office k► act Ivt.
4. BCC Office Board of County +� b J
Commissioners 33751 )
5. Minutes and Records Clerk of Court's Office
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 Jay Malamphy Phone Number 8402
Contact/ Department
Agenda Date Item was October 23,2018 Agenda Item Number 16C2
Approved by the BCC
Type of Document Temporary Access Easement Agreement Number of Original `
Attached and Temporary Access Easement Documents Attached 2(I L �
PO number or account N/A—recording fee paid by Carlton Lakes
number if document is
to be recorded Master Association, Inc.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. ( i ' 1 Applicable)
1. Does the document require the chairman's original signature? 0 e,c l rs L
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
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
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 p91,signature and initials are required.
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. N/A
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 February 23,2010 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County / 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 the ta N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the v an option f
Chairman's signature. this tine.
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
Memorandum 16 C 2
TO: Minutes & Records Management
FROM: Jay Malamphy, Real Property Management
DATE: November 27, 2018
RE: Carlton Lakes
On October 23, 2018, the BCC approved Agenda Item 16C2, which grants the Carlton Lakes
Master Association, Inc. temporary access to County owned property to facilitate the repair of
a wall on the Carlton Lakes property that was damaged by hurricane Irma.
Please attest to Commissioner Solis's signature as Chairman on the Temporary Access
Easement Agreement and the Temporary Access Easement. Once the attestation is complete,
please email me a copy of the Temporary Access Easement Agreement.
The Temporary Access Easement will expire shortly after recording therefore, it should be held
and recorded at a later date, just prior to the construction start date, which has not been set
yet. We will provide notification when to record the Temporary Access Easement, and at such
time, will submit the recording form and a check from Carlton Lakes to cover the recording fee.
Please call me at x8402 if you have any questions.
Thank you.
1 6 C 2
MEMORANDUM
Date: December 7, 2018
To: Jay Malamphy, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Temporary Access Easement Agreement— Carlton Lakes Master
Association, Inc.
Attached is one (1) original as referenced above (Item #16C2), approved by the
Board of County Commissioners on Tuesday, October 23, 2018.
The Minutes & Records Department has kept an original agreement for the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
INSTR 5694408 OR 5615 PG 1921
PROJECT: Carlton Lakes Wall Repair RECORDED 4/5/2019 1:46 PM PAGES 5
FOLIO#: 00184161904(portion) CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PARCEL 15390 Livingston Road(portion) COLLIER COUNTY FLORIDA
REC$44.00
TEMPORARY ACCESS EASEMENT AGREEMENT
THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is made
and entered by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, ("County") whose mailing address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112 and CARLTON LAKES MASTER ASSOCIATION, INC., a Florida
not-for-profit corporation, ("Association"), whose mailing address is C/O Gulf Breeze
Management, 8910 Terrene Court, Suite 200, Bonita Springs, FL 34135.
WHEREAS, the County owns lands described in Exhibit "A" ("Property"), which is
attached hereto and made a part of this Agreement; and
WHEREAS, the Association has requested that County grant to Association a
Temporary Access Easement as described in Exhibit "B" ("Easement"), which is also
attached hereto and made part of this Agreement. The purpose of the Easement is to
provide Association with the access and right to enter over, upon, and across the Property
to facilitate Association's repair and replacement of the wall that is on lands owned by the
Association, and
WHEREAS, the County desires to convey a Temporary Access Easement to the
Association for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Association has agreed to the terms and conditions set forth herein;
and
NOW THEREFORE, in consideration of the foregoing, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
are hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. County shall grant Association an Easement over, upon, and across the Property.
The Easement shall expire within the sooner of 30 days from the effective date of this
Agreement, or upon Association's completion of repair work on the section of wall that is
immediately adjacent to the Property and on lands owned by Association ("Construction
Period"). If necessary, the Easement may be extended in writing by mutual agreement
between County and Association. The effective date shall be the date on which the
Association and County have mutually agreed to a construction start date,
2. Association acknowledges that County will have access to the Property as needed
during the Construction Period and that time is of the essence to complete construction
within the Construction Period. Failure to complete construction and remove all
equipment and restore County lands within the Easement area prior to expiration of the
0
1 6 C
Construction Period shall, at the County's sole option, result in immediate termination of
this Agreement and Easement.
3. Association shall pay all costs for recording the Easement, as well as any other
costs associated with the Easement.
4. Association is aware of and understands that this Agreement is subject to
acceptance and approval by the Board of County Commissioners of Collier County,
Florida,
5. Association acknowledges that the Property will not be disturbed in any manner
other than for the routine maneuverability of manpower and equipment related to the
repair and replacement of the wall that is immediately adjacent to Property. Association
will exercise extreme diligence and care to protect all well sites located on Property. Any
damage to Property, or any improvements thereon, including well sites, shall be repaired
at the sole cost and expense of Association.
6. Association shall provide the construction superintendents name and phone
number to County staff prior to entering the Property. Association shall not commence
any work or enter the Property until Association and County agree to a mutually
acceptable date to commence construction and enter Property. Association shall
coordinate construction activities with County, and shall provide a list of all contractors
that are to enter the Property, and shall only hire or engage contractors that are licensed
and insured, Association shall locate all underground utilities prior to commencement of
construction.
7. Prior to completion of construction and within the Construction Period, Association
and/or its designee, at Association's sole cost and expense, shall return impacted areas
of the Property to preconstruction conditions or better. Association and/or its designee
will repair or replace, at Association's sole cost and expense, any hardscape or landscape
surface and/or trees and landscaping, and/or fencing which have been removed or
damaged with the same or equivalent materials, and to the satisfaction of County.
8. Association shall indemnify, defend, save and hold harmless the County against
and from, and agrees to reimburse the County with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation reasonable
paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the County. This provision shall survive Closing.
9. Association shall be responsible for obtaining, at Association sole cost and
expense, a commercial general liability policy that shall name County as an additional
insured. Commercial general liability limits shall not be less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence, Association shall provide County with a copy of
the foregoing policy or with a certificate of insurance prior to the commencement of work,
and shall further provide evidence of renewals of the same prior to the expiration thereof.
10. Should Association be in default of any terms or conditions of this Agreement,
the Easement shall terminate immediately, and Developer or its contractors, guests, and
representatives, shall have no right to enter the Property.
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16C 2.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
12. This Agreement and the terms and provisions hereof shall be effective as of the
date the Easement has been recorded and the parties have mutually agreed to a
construction start date, and shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, personal representatives, successors,
successor trustee, and assignees whenever the context so requires or admits,
IN WITNESS WHEREOF, the parties hereto h e e)(eputed this Temporary Construction
Easement Agreement on this AO day of (1c.,--/o4er , 2018.
Dated Project/Acquisition Approved by BCC:// Z318 ri)e/Kia „at+ /6 CZ
AS TO COUNTY:
DATED ‘o ' 3\\`‘. •••
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFICIO
GOVERNI BOARD:F THE COLLIER
COUNTY ATER-Si ir DISTRICT
CRYSTAL K. KINZ L, INTERIM C RK
BY:
Attest as to ChainiiiPPutY Clerk Atirr Sol ar hairman
signature only.
AS TO ASSOCIATION:
ESS :
CARLTON LAKES MASTER
ittness#1 (Signature) ASSOCIATION, INC.
a Florida not for profit company
t E Pito(As et
Witness • (Print Name) BY: ejialt 6WW1ed1"
Name:CAA,( f-(Doerff1-0
Witness#2(Signature) Title:
'Tzzs1uCic..:Ck
VVitne 2(Print Name)
Approved as to form and legality: ‘-a
'4‘ •
Jen'r er A. Belpedio,*tant County Attorney
d41')
1 6 C 2
EXHIBIT A
PROJECT
FOLIO# 00184161904(portion)
PARCEL Repair
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PROJECT Carlton Lakes Wall Repair .,, '' IE i ..
FOLIO#: 00184161904(portion) •
PARCEL 15390 Livingston Road(portion) 441, 'it / of ,,�,�,/
TEMPORARY ACCESS EASEMENT
THIS EASEMENT is made and entered into this_, day of , 2018. by BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, whose mailing office address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112 (hereinafter referred to as "Grantor"), and CARLTON LAKES MASTER
ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantee"),
whose mailing address is C/O Gulf Breeze Management, 8910 Terrene Court, Suite 200,
Bonita Springs, FL 34135.
(Wherever used herein the terms"Grantor"and"Grantee"are used for singular or plural.as the context requires,and include all the
parties to this instrument and their respective heirs, legal representatives,successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration
paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants,
bargains and sells unto the Grantee. a temporary license and privilege to enter upon the following
described lands located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Easement is granted for the express purpose of providing Grantee temporary access to
Grantor's lands described in Exhibit "A." to facilitate Association's repair and replacement of the wall
that is on lands owned by Association. This Easement shall expire and terminate within the sooner of
30 days from the effective date of this Easement, or upon Association's completion of repair and
replacement work on the wall that is immediately adjacent to the lands described in Exhibit"A," or upon
Grantee's default of any terms or conditions in the Temporary Access Easement Agreement. The
Effective date of this Easement shall be the date of recording.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and
year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
CRYSTAL K. KINZEL, INTERIM CLERK
BY:
,Deputy Clerk ANDY SOLIS, Chairman
Approved as to form and legality:
032
Jennifer A. Belpedio, Assistant County Attorney
(6