Backup Documents 02/12/2019 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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. fc0 I y/J qComplete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documen ' already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward tot County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. John Houldsworth Development Review JH 2/7/19
3 County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners
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 John Houldsworth Phone Number 5757
Contact/ Department
Agenda Date Item was February 12,2019 Agenda Item Number 16-Al
Approved by the BCC
Type of Document Easement Use Agreement-Aviano Number of Original One
Attached Documents Attached
PO number or account CHECK ATTACHED
number if document is
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. (Initial) Annlicable)
1. Does the document require the chairman's original signature? (N/Ay
2. Does the document need to be sent to another agency for additional signatures? If yes, J
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 JH
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 N/A
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 JH
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 on Feb 12,2019 and all changes made +o
during the meeting have been incorporated in the attached document. The County ' imTioaikwo,
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
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
16A1
EASEMENT USE AGREEMENT
•THIS EASEMENT USE AGREEMENT ("Agreement") is made and entered into this ) day
of c'2,bro4eK , 2019 by and between Nadine Kothe (Owner), the Aviano at Naples Homeowners
Association, I-nc?("Association') and the Collier County Board of County Commissioners ("County"), a
political subdivision of the state of Florida.
RECITALS:
WHEREAS, Nadine Kothe is the record owner of the fee simple interest in and to that certain
parcel of real property known as Lot 34 Aviano at Naples,according to the plat thereof as recorded in Plat
Book 43, Pages 67-71 of the Public Records of Collier County, Florida, more specifically shown on
Exhibit"A."("Subject Property"); and
WHEREAS, pursuant to that certain plat of Aviano at Naples, Plat Book 43, Pages 67-71 of the
Public Records of Collier County, Florida, the County is record owner of certain non-exclusive lake
maintenance easement rights,a portion of which encumbers the Subject Property("Easement Area"); and
WHEREAS,the Easement Area is managed and maintained by the Association; and
WHEREAS, a pool screen enclosure has been installed on the Subject Property, resulting in a 4.8
inch encroachment into the twenty (20) foot wide lake maintenance easement along the northern portion
of the Subject Property, as shown on Exhibit"A"("Encroachment"); and
WHEREAS, the County has no present objection to the continued use of the Encroachment
within the Easement Area, provided that Owner agrees to the terms and conditions set forth below. The
owner purchased the home with the Encroachment in place; and
WHEREAS, the parties to this Agreement have reached certain understandings with regard to the
Encroachments and now desire to set forth their understanding in writing for recordation.
NOW THEREFORE, for and in consideration of the Recitals, the sum on TEN DOLLARS
($10.00) and for other good and valuable consideration the receipt and sufficiency of which are hereby
expressly acknowledged,the parties hereto agree as follows:
1. The County and the Association hereby expressly consent to the Encroachment into the
Easement Area depicted on Exhibit"A".
2. Owner shall provide both the County and the Association whatever access they require to
continue their non-exclusive lake maintenance easement rights.
3. The County agrees that until otherwise notified, Owner may continue the use of the
Encroachment within the Easement Area,to the extent shown on Exhibit"A". The County retains
INSTR 5673069 OR 5599 PG 1460
RECORDED 2/18/2019 9:37 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC $35.50
•
16A1 1 I
the right, however, in its sole discretion, to demand by written request that the Encroachment be
removed from the Easement Area, which Owner will do at its sole cost and expense within a
reasonable time from receipt of such request.
4. Indemnification of County: Owner and the Association agree for themselves and
successors and assigns that they shall release, indemnify and hold the County harmless for and
against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable
attorney's fees and court costs)including personal injury or property damage arising out of the use
of the Easement Area by the Association or Owner,their respective contractors,agents,employees
or invitees at any time while the Encroachment remains within the Easement Area. Further,Owner
and the Association for themselves, successors and assigns agrees to release and hold the County
harmless from and against any and all obligations, claims, liabilities, expenses and/or fees
(including reasonable attorney's fees and court costs)including personal injury or property damage
arising out of the use of the Easement Area by the County, including but not limited to, damage
which may occur to the Encroachment during the normal operation, maintenance, repair and/or
replacement, as applicable, of the Easement Area and/or the improvements and/or the
infrastructure,which may now or in the future be located within the Easement Area.
5. Binding Effect: This Agreement shall be binding upon the parties hereto, their
respective heirs, successors and assigns forever.
6. Governing Law: This Agreement shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Use Agreement
to be executed as of the day, month and year as first above written.
Signed, Sealed and Delivers
In the presence of:
Witnesses: OWNER
By: C�
s � re /
I d,4.S�re Nadine Kothe
Print Name
ignature
Print Name
[16-EIS-03350/1270008/1] 2
7/14/16
O�
1 6 A 1
AVIANO AT NAPLES HOMEOWNERS
ASSOCIATION, INC.
Pfi; /4- 1 3-) /LA( d-4-
ignatu a [Name], [Title]
Print Name
S , CtitiVed"
Signature
St:el-n k jy�ved.0
Print N e
Attest: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel,:Clerk of the Court
and Comptroller 1 R COU .Y, F S RIDA
44 tea► c` Aur_ '
f Namor By. ��—=--��►
t as to Chairman's ' ' `'J . '"`cze,"`'1 >�'. , hairman
signature only.
Appro ed as tai form and legality:
11— icV(ti
Scott . Stone
Assistant County Attorney
[16-EIS-03350/1270008/1] 3
7/14/16
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