Backup Documents 10/23/2018 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16011
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 �pj
County Attorney Office 0- " ti I aq
4. BCC Office Board of County Raj
Commissioners 5 I a" _'
5. Minutes and Records
Clerk of Court's Office " «-I� �� I :23cz""
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 16D11
Approved by the BCC
Type of Document Temporary Construction Easement Number of Original
Attached Agreement and Temporary Construction Documents Attached 2 `( I let ,14 .(1)
Easement
PO number or account N/A—recording fee paid by Standing Oaks,
number if document is LLC
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. 'tial) Applicable)
1. Does the document require the chairman's original signature? 0e. c l N3.401tom_
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 !7
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. /4(
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
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
BCC,all changes directed by the BCC have been made, and the document is ready for the 146
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
16011
Memorandum
TO: Minutes & Records Management
FROM: Jay Malamphy, Real Property Management
DATE: November 27, 2018
RE: Standing Oaks
On October 23, 2018, the BCC approved Agenda Item 16D11, which grants Standing Oaks,
LLC temporary access to County owned property at the Vineyards Community Park to facilitate
the installation of a water line and sanitary force main.
Please attest to Commissioner Solis's signature as Chairman on the Temporary Construction
Easement Agreement and the Temporary Construction Easement (TCE). Once the attestation
is complete, please email me a copy of the Temporary Construction Easement Agreement.
The TCE 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 TCE, and at such time, will submit the recording form and
Davidson Engineering's account number to cover the recording fee.
Please call me at x8402 if you have any questions.
Thank you.
16011
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 Construction Easement Agreement— Standing Oaks
Attached is one (1) original as referenced above (Item #16D11), 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
16011
PROJECT Standing Oaks
FOLIO 80708195004
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement")
is made and entered by and between COLLIER COUNTY, a political subdivision of the
State of Florida, ("County") whose mailing address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112 and Standing Oaks, LLC, a Florida limited liability company,
("Developer"), whose mailing address is 6301 Shirley Street. Naples, FL 34109.
WHEREAS, the County owns lands described in Exhibit "A" ("Property"), which is
attached hereto and made a part of this Agreement; and
WHEREAS, the Developer has requested that County grant to Developer a
Temporary Construction 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 Developer with the access and right to enter over, upon, and across the Property
to facilitate Developer's installation of a water line and sanitary force main on adjacent
right-of-way lands, and
WHEREAS, the County desires to convey a Temporary Construction Easement to
the Developer for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Developer 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 Developer an Easement over, upon, and across the Property.
The Easement shall expire within the sooner of 10 days from the effective date of this
Agreement, or upon Developer's completion of construction on the adjacent right-of-way
lands ("Construction Period"). If necessary, the Easement may be extended in writing by
mutual agreement between County and Developer. The effective date shall be the date
on which the Developer and County have mutually agreed to a construction start date.
2. Developer acknowledges that a portion of the County recreational fields will be
closed 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 Construction Period shall, at the County's sole option, result in immediate termination
of this Agreement and Easement.
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3. Developer shall pay all costs for recording the Easement, as well as any other costs
associated with the Easement.
4. Developer 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. Developer shall provide the construction superintendent's name and phone number
to County staff prior to entering the Property. Developer shall not commence any work
or enter the Property until Developer and County agree to a mutually acceptable date to
commence construction and enter Property. Developer 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.
Developer shall locate all underground utilities prior to commencement of construction.
6. Prior to completion of construction and within the Construction Period, Developer
and/or its designee shall return impacted areas of the Property to preconstruction
conditions or better. Developer and/or its designee will repair or replace 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. Developer shall compact soils and perform density testing wherever Developer
has removed soil or performed earthwork on Property.
7. Developer 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.
8. Developer shall be responsible for obtaining, at Developer's 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. Developer 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.
9. Should Developer 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.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
11. 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.
(signatures on following page)
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16011
IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction
Easement Agreement on this '3( day of 0-;-iive,r- , 2018.
Dated Project/Acquisition Approved by BCC:)0-23-(s:' Ary,A., tJw 1.011
AS TO COUNTY:
DATED: so i R 3,115
ATTEST: BOARD OF CO NTY COMMISSIONERS
CRYSTAL K KINZEL, INTERIM CLERK COLLIER CO TY, FL* 'IDA
to .--- ackvvnektr
' 9BY: A A4
Attest , Deputy Clerk An. Soli 7 hairma
as to Chairman's'
Pfl t re only.
AS TO DEVELOPER:
WITNESSES:
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Witness#1 (Signature)
Standing Oaks, LLC,
a Florida limited liability company
Witness#1 (Print Name)
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BY: = te6_
'` Name: "
Wit ss#2(Signature) Title: -_-�
Witness#2(Print Name)
Approved as to form and legality:
i -cw---' (tom
Jennif . Belpedio, Assistta d County Attorney O�p\
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16D11
PROJECT Standing Oaks
FOLIO 80708195004
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this , day of , 2018, by COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing office address is 3335 East
Tamiami Trail, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Grantor"), and
Standing Oaks, LLC, a Florida limited liability company, whose mailing address is 6301 Shirley
Street, Naples, FL 34109, (hereinafter referred to as "Grantee").
(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 Grantee's installation of a water line and
sanitary force main on adjacent right-of-way lands to service Grantee's intended Standing Oaks
development project. This Easement shall expire and terminate within the sooner of 10 days
from the effective date of the Temporary Easement Agreement or upon Developer's
completion of construction on the adjacent right-of-way lands,
IN WITNESS WHEREOF. the GRANTOR has caused these presents to be executed the
day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, INTERIM CLERK COLLIER COUNTY, FLORIDA
BY:
,Deputy Clerk ANDY SOLIS, Chairman
Approved as to form and legality:
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Jennifer A Belpedio, Assistant County Attorney
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