Backup Documents 02/12/2019 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 7
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. /
ROUTING SLIP '�•�C..f?Y' e/• C;
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) d Office Initials Date
2. __* _,N\
3. County Attorney Office County Attorney Office ?) a\la\\CI
4. BCC Office Board of CountyJ1---\\c>._4
Commissioners y-- K,;,/ Zr7 7\\S
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
r ) / ?/I(2( 3�3°A
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 Michelle L.Sweet Phone Number 252-6027
Contact/ Department Transportation Engineering-ROW
Agenda Date Item was Agenda Item Number
Approved by the BCC 2l I.i /15 I R-7 17
Type of Document - Number of Original
Attached 114 -' 'j , l4'r t.r)d 111. 0^..' •4u Documents Attached I
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable col umtl,.lzieheaef.• Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?.• S- 7KAp a /4
•
2. Does the document need to be sent to another agency for additional signatures f yes,/
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. /Ohl
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
Office and all other parties except the BCC Chairman and the Clerk to the Board r /J f A
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. ✓g
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
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. /
Some documents are time sensitive and require forwarding to Tallahassee within a certainiJ
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on,1u. 4 (enter date)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 - 141/A is not
BCC,all changes directed by the BCC have been made,and the document is ready forth in option for
Chairman's signature. j:_
.4
1:Forms/County Forms/BCC Original 6etuments Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 6(t-,
liaoreevee�4- // i,,.) -6+(e ; �- ' S a&) eaSeng&i-; nc>
1 6 A 7
PROJECT: 88888 — Stormwater (GG1 Canal)
PARCEL NO: 125DAME
FOLIO NO: 00267120309 INSTR 5676952 OR 5602 PG 253
RECORDED 2/27/2019 8:38 AM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
This instrument prepared by: COLLIER COUNTY FLORIDA
Terry B. Fein, Esq. DOC@.70$0.70 REC $61.00
Shutts & Bowen LLP
200 S. Biscayne Blvd., Suite 4100
Miami, Florida 33131
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT
("Agreement"), made and entered into this 41'* day of November, 2018, by and between
NWNG GOLF LLC, a Delaware limited liability company, whose mailing address is c/o
Northwood Investors, 575 Fifth Avenue, 23rd Floor, New York, New York 10017, Attn:
Jordan Kornberg (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do
the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to
as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and permitted
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, without
representation or warranty of any kind, express or implied, a perpetual, non-exclusive
easement (the "Easement"), solely for the purposes set forth below, over, under, upon and
across the following described lands (the "Easement Area") located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee.
The Easement shall be solely for the purpose of constructing, operating, and
maintaining drainage structures and facilities, including, but not limited to, canals, ditches,
swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various
types of water control structures within the Easement Area ("Grantee's Facilities"), and for
no other purpose, all at Grantee's sole cost and expense. Solely in connection with
Grantee's use of the Easement Area for such purpose, Grantee shall also have the right,
WPBDOCS 9759113 3
7
16 .E
upon reasonable prior written notice to Grantor, to excavate materials from the Easement
Area, subject, however, to all of the other terms and conditions of this Agreement. In such
event, Grantor shall have the option to:
(i) keep such materials and, if Grantor so elects, remove them at a time and in a
manner reasonably acceptable to Grantor, provided that such removal is accomplished in
such manner as to minimize interference with the Grantee's use of the Easements in
accordance with the terms of this Agreement; or
(ii) require Grantee to immediately remove such materials from Grantor's property,
at Grantee's sole cost and expense.
1. Grantee shall, at its sole cost and expense:
(i) continuously operate and maintain Grantee's Facilities and the Easement Area
in a neat, attractive and first-class condition, including any and all cleaning, maintenance,
repairs and/or replacements as are necessary or appropriate;
(ii) repair and restore any and all damage to the Easement Area and/or any of
Grantor's other property on account of any work or other activities by or on behalf of Grantor
within the Easement Area or otherwise related to Grantee's Facilities, all to the condition
existing on the date hereof, reasonable wear and tear excepted;
(iii) conduct all maintenance and other activities only during normal business hours
and in such a manner as to minimize interference with the use and operation of Grantee's
property by Grantee and Grantee's guests, invitees, contractors, tenants and other users of
Grantor's property (including, but not limited to, any golfers); and in the event Grantee will
require any vehicular access upon the Easement Area, Grantee shall: (A) provide Grantor
with not less than 24 hours prior written notice, so that Grantee can designate the specific
location for such vehicular access; and (B) promptly repair any damage caused by such
vehicles; and
(iv) comply with any and all applicable laws, ordinances, codes, resolutions, statutes
and other governmental directives, rules and regulations.
2. In exercising the easement rights granted herein, Grantee shall keep the Easement
Area and Grantor's other property (and all portions thereof) at all times free of mechanics'
liens and any other liens for labor, services, supplies, equipment or materials purchased or
procured, directly or indirectly, by or for Grantee. Grantee shall not have any authority to
create any liens for labor or materials, or otherwise, on Grantor's fee interest in the
Easement Area or Grantor's other property, and no lien shall attach to such fee interest on
account of any labor, services, supplies, equipment or materials purchased or procured,
directly or indirectly, by or for the benefit of Grantee. In the event any lien is filed for any
labor, services, supplies, equipment or materials purchased or procured, directly or
indirectly, by or for Grantee, Grantee shall cause same to be released of record or bonded
off within fifteen (15) days after the filing thereof.
3. In the event Grantee ceases using the Easement Area for the purpose set forth
herein, Grantee shall promptly remove all of Grantee's Facilities and promptly complete the
WPBDOCS 9759113 3
1 6 A 7
repair and restoration of the Easement Area in accordance with Section 1, clause (ii) above,
whereupon this Easement shall terminate and be of no further force or effect.
4. Notwithstanding anything to the contrary contained herein, Grantor reserves the
right to do the following, so long as same does not materially interfere with the Grantee's
use of the Easements in accordance with the terms of this Agreement:
(i) make other uses of the Easement Area and/or the balance of the Grantor's
property from time to time, including the right to use the canal(s) within the Easement Area
for drainage of Grantor's property (including, but not limited to, the right to flow water and to
have water flow into and through the canal(s), irrespective of whether such flow of water is
natural or artificial and whether such water is drainage, seepage, rain, flood, well, or
irrigation, or from any other source), subject to all applicable laws, approvals and permits;
(ii) have ingress and egress over, through and under the Easement Area;
(iii) subject to obtaining any required governmental or quasi-governmental permits
and/or approvals, make additions or alterations for purposes of drainage, utilities, and
roads, rights of way, bridges and/or other passages over and/or under the canal(s), and to
cross the canal(s);
(iv) make any other alterations, modifications and/or improvements to the
Easement Area and/or the balance of Grantor's property from time to time; and/or
(v) grant other easements and/or place other covenants, conditions or restrictions
upon the Easement Area and/or the balance of the Grantor's property from time to time, all
as Grantor deems necessary or appropriate.
5. Subject to the limitations set forth in Section 768.28, Florida Statutes, Grantee shall
be solely liable and responsible for any and all Losses, except to the extent that such
Losses are solely the result of gross negligence or willful misconduct on the part of Grantor.
The term "Losses" means any and all claims, demands, actions, suits, proceedings,
liabilities, judgments, damages, losses, penalties, costs and expenses whatsoever,
including, without limitation, reasonable attorneys' fees and costs, whether or not suit be
brought and if suit be brought, any and all fees and costs incurred during pretrial, trial, and
any appeals thereof and other post-judgment proceedings, arising from or connected in any
way with the use of the Easement Area and Grantee's Facilities by Grantee or its agents,
employees, contractors, guests or invitees (collectively, the "Grantee Parties") under this
Agreement or caused by Grantee or the Grantee Parties, including, but not limited to, any
personal injury, death or property damage. Notwithstanding the foregoing, for purposes of
this Section 5, South Florida Water Management District ("SFWMD") shall not be
considered an "agent," "employee," "contractor," "guest" or "invitee" of Grantee. Liability for
losses caused by SFWMD or its agents, contractors, employees, guests and invitees shall
be governed by and subject to the terms and conditions of that certain Cooperative
Agreement between Grantee and SFWMD dated October 13, 2000, as amended from time
to time.
WPBDOCS 9759113 3
;CAO
1 6 A 7
6. Grantor shall not be responsible for the repair and restoration of any damage to or
destruction of Grantee's Facilities, whether on account of casualty or otherwise, unless
caused by gross negligence or willful misconduct on the part of Grantor.
7. Grantor is not liable for theft or damage to Grantee's Facilities, unless same is the
result of gross negligence or willful misconduct on the part of Grantor. In that regard,
Grantor shall have absolutely no obligation to provide security of any kind.
8. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Collier County,
Florida.
9. This Agreement shall not be construed against the party who drafted the same as
all parties to this Agreement have participated in the drafting of this Agreement.
10. This Agreement contains the entire understanding of the parties with respect to
the subject matter. No amendment or modification of this Agreement shall be effective
unless it is in writing and signed by Grantor and Grantee and recorded in the public records
of Collier County, Florida.
11. Grantee agrees that Grantor shall have the right (in addition to, and without
limitation of, any other rights or remedies) to obtain enforcement of any restrictions
contained herein, and any restraint against violation or threatened violations of such
restrictions, by means of the order, judgment or decree of a court of competent jurisdiction
for specific performance or injunction (including, without limitation, mandatory injunction).
12. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and the same
instrument.
13. The Easement shall constitute an easement running with the land, and shall
burden the Easement Area. This Agreement may not be assigned, in whole or in part, by
Grantee, except to another governmental body or agency.
[INTENTIONALLY LEFT BLANK]
WPBDOCS 9759113 3
.lit '
16A7
IN WITNESS WHEREOF, the Grantor and the Grantee have caused these presents
to be executed the day and year first above written.
NWNG GOLF LLC,
a Delawar- -d Iia•' - company
By:
W' ness (Signature) / M ger/Member
\-vGGh3 /e-v
Name (Print or Type)
i:ness (Signature)
Cv ( T 1-Crs-can
Name (Print or Type)
STATE OF /"ev y r 4
COUNTY OF /Ve v e r k-
The foregoing Drainage,/ Access and Maintenance Easement was acknowledged before me
this day of November, 2018, bye r a k--or L e r , as
y5,1);r«er of NWNG GOLF LLC, a Delaware limited liability compar , who:
✓ is personally known to me
OR
produced as proof of identity.
7/0(affix notarial seal)
(Signature of Notary Public)
DIANE ANDREWS t~ w e_ ,�a nQ.,u
NOTARY PUBLIC-STATE OF NEW YORK (Print Name of Notary Public)
No.01AN6359017
Qualified In Richmond County Serial / Commission # (if any): 0 / /a.06 S 7017
My Commission Expires 05-22-2021
My Commission Expires: 0 S'- a - a 0a t
WPBDOCS 9759113 3
DATED: February 12, 2019 16 A 7
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COU Y, FLORIDA
•
PIO
By: ti , l • : ri...�:� By:
Deputy Cle k
W. . McDani
Attest as to Chairman
signature only. •
Approved as to form and legality:
Assistant County orney % l a \ S
WPBDOCS 9759113 3
1 6 A 7
EXHIBIT "A"
Easement Area
Parcel 125DAME
The South 160 feet of Section 25, Township 49 South, Range 25 East, Collier County, Florida; Less and
Except, the right of way of Airport Road and the C-31 Canal; and also Less and Except, that property
described in Special Warranty Deed recorded in Official Records Book 5073, Page 1549, of the Public
Records of Collier County, Florida; and also Less and Except, that property described in Stipulated Order
of Taking recorded in Official Records Book 2445, Page 3141, of the Public Records of Collier County,
Florida.
WPBDOCS 9759113 3