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Agenda 10/27/2009 Item #16D 2Agenda Item No. 16D2 October 27, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve an Access Easement Agreement with Caribbean Venture of Naples, LLC to extend an existing easement over county property to construct a dual purpose public access road for a total revenue of $1,480.00. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Access Easement Agreement (Agreement) between the Board of County Commissioners (Board) and Caribbean Venture of Naples, LLC (CVN). CONSIDERATIONS: On May 23, 2006, Agenda Item 16 B 13, the Board approved a Right —of- Way Easement Agreement (Easement) to provide an easement to construct a dual - purpose public access road over county property from Golden Gate Parkway to the proposed County park and CVN property. The Easement was recorded on August 29, 2006, in Official Records Book 4097, Page 661 of the Public Records of Collier County, Florida. CVN has requested an extension of the existing Easement for the purpose of constructing a dual - purpose public access to their property. CVN will construct and maintain the proposed roadway at no cost to the County. Real Property Management staff appraiser has valued the land of the extension access easement at $1,480.00. If the proposed roadway is not substantially completed within six (6) years of the date of the recordation of this Agreement, both the Easement and this Agreement shall automatically terminate and be of no further force or effect. FISCAL IMPACT: All associated costs with this transaction will be paid by CVN. The $1,480.00 received from CVN will be deposited into Park and Recreation Capital Fund 306. GROWTH MANAGEMENT IMPACT: This transaction is consistent with the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The proposed access easement agreement is an extension of the access easement agreement approved by the Board on May 23, 2006, Item 16813. The proposed access easement agreement has been reviewed and approved for legal sufficiency.- - HFAC RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1) Approves the attached Agreement; 2) Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; 3) Directs the County Manager or his designee to proceed to record the Agreement and any and all necessary closing documents and to take all reasonable steps necessary to ensure performance under the Agreement; 4) Direct the County Manager or his designee to accept the sum of $1,480.00 and to proceed to deposit in the appropriate fund. PREPARED BY: Cindy Erb, SR/WA, Senior Property Acquisition Specialist, Real Property Management, Department of Facilities Management I Page 1 of 1 Agenda Item No. 16D2 October 27, 2009 Page 2 of 7 file: / /C: \AgendaTest \Export\137 - October 27, 2009 \16. CONSENT AGENDA \16D. PUBLL.. 10/21/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D2 Item Summary: Recommendation to approve an Access Easement Agreement with Caribbean Venture of Naples, LLC extending an existing easement over county property to construct a dual purpose public access road extending from an existing easement to the proposed county park and private development for a total revenue of $1,480.00. Meeting Date: 10/27/2009 9 :00:00 AM Prepared By Cindy M. Erb Senior Property Acquisition Specialist Date Administrative Services Facilities Management 9124/2009 12:41:54 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 9/25/2009 1:20 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 912912009 9:26 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9130/2009 2:41 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 10/1/2009 4:15 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 1012/2009 11:17 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 101912009 11:49 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/14/2009 9:39 AM Approved By ° Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/14/2009 11:46 AM file: / /C: \AgendaTest \Export\137 - October 27, 2009 \16. CONSENT AGENDA \16D. PUBLL.. 10/21/2009 Caribbean Venture of Naples, LLC Access Easement Extension ACCESS EASEMENT AGREEMENT Agenda Item No. 161D2 October 27, 2009 Page 3 of 7 THIS ACCESS EASEMENT AGREEMENT is made this day of _ 2009, by and between COLLIER COUNTY, a political subdivision of the State f Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, (hereinafter "County "), and CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company, whose mailing address is 5801 Pelican Bay Boulevard, Suite 300, Naples, Florida 34108 -2709 (hereinafter "CVN "). WITNESSETH: WHEREAS, County owns that certain real property located in Collier County, Florida and described as: 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, Page 2, in the Public Records of Collier County, (hereinafter "County Property "); WHEREAS, CVN owns that certain adjacent real property in Collier County, Florida and described as: The North % of North Y2 of Section 35, Township 49 South, Range 25 East, being at the Northwest corner of the Section and run East 1398.25 feet; thence South 64 degrees West 1555.06 feet; thence North 664.01 feet to the place of beginning (hereinafter "CVN Property"); WHEREAS, County had previously granted a perpetual non -exclusive easement for the construction, operation and maintenance of roadway, drainage, sidewalk, bike path, an 8 -foot chain link fence and utility facilities over, across and upon the eastern portion of the County Property which is recorded in Official Records Book 4097 Page 661 in the Public Records of Collier County, Florida (hereafter "ROW Easement "); WHEREAS, CVN requests an extension of the ROW Easement for the construction, operation and maintenance of roadway, drainage, sidewalk, bike paths, 8 -foot chain link fencing, and utility facilities over, across and within Exhibit "A" (hereinafter "Easement Area "); WHEREAS, the parties contemplate that reconfiguration or revocation of this easement may be desired to facilitate County's or CVN's final plans; and Agenda Item No. 161D2 October 27, 2009 Page 4 of 7 WHEREAS, County wishes to grant said easement subject to the terms and conditions contained hereinbelow. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by each party, it is hereby agreed between the parties. 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Easement. County does hereby grant to CVN, a perpetual, non - exclusive easement for the construction, operation and maintenance of roadway, drainage, sidewalk, bike paths, 8 -foot chain link fencing, and utility facilities over, across and within Easement Area. 3. Use of Roadway. Under no conditions shall CVN construct, install, operate or maintain any structure, gate, device or improvement that controls, limits, or deters public access in any way on any portion of the Easement Area, except that a chain link fence, up to eight (8) feet in height, is expressly allowed along the eastern boundary of the Easement Area. Underground utilities may be permitted within the Easement Area. 4. Design of Roadway. All plans for the construction of the roadway and associated improvements shall be presented to the County Manager, or his designee, prior to CVN's submittal for development approval for his review and approval, which approval will not be unreasonably withheld. The parties acknowledge and agree that this approval of the roadway design is a condition of granting of this easement and shall not be construed as part of the County's required development review or a waiver of any provision of the Collier County Land Development Code. 5. Construction of Roadway. The construction shall be at the sole cost and expense of CVN and shall comply with all federal, state and local laws, ordinances, statutes, rules and regulations. 6. Maintenance of Roadway. CVN shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the roadway and all associated improvements, unless or until the roadway is formally accepted by the County for purposes of maintenance, which responsibility may be assigned. 7. Reservation. County reserves the right to use the Easement Area and all completed improvements for public access and in any manner that does not materially interfere with the rights granted herein to CVN. 8. Indemnification. CVN shall indemnify, defend, save and hold harmless County from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, orders decrees, and costs and expenses (including attorneys fees and all costs of litigation) for property damage, liability, bodily injury or death which may result from or arise out of any willful misconduct or negligent act, error, or omission of CVN, its employees, officers, agents or invitees, which occurs or is alleged to have occurred, with respect to the design and construction of the roadway improvements. Agenda Item No. 16D2 October 27, 2009 Page 5 of 7 9. Termination. In the event the entire roadway corridor created by this Easement and the ROW Easement (collectively referred to as "Roadway Easements ") is not substantially completed within six (6) years of the recordation of this Easement, said Roadway Easements shall automatically terminate and be of no further force or effect. In this event, County may record a Notice of Termination. This paragraph is intended to extend the period to construct the roadway under Paragraph 9 of the ROW Easement. 10. Benefit/Burden. The easement and the rights and obligations created hereby shall run with the land, shall be a benefit to the CVN Property and a burden to the Easement Area, and shall inure to the benefit and burden of the CVN and County, and their respective successors and/or assigns. 11. Location of Easement not determinative as Access. The parties both acknowledge and agree that CVN has requested the location of the easement without the County having formally approved the location or character of any future access to and from Golden Gate Parkway. Nothing contained herein shall be construed as consent or approval to the location of an access connection to Golden Gate Parkway. IN WITNESS WHEREOF, the County and CVN have respectively caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk WITNESSES: 711—el- (Sig da ture) (Printed Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AN DONNA FIALA, Chairman CARIBBEAN VENTURES OF NAPLES, LLC a Florida limited liability company BY: LUXURY HOMES INVESTMENTS, LLC a Florida limited liability company, its Managing Member r BY: 45 (Signature) THOMAS H. OUVERSON, as Managing Member (Printed Name) Agenda Item No. 16D2 October 27, 2009 Page 6 of 7 STATE OF FLORIDA COUNTY OF COLLIER The foregging instrument was acknowledge before me, this day of t'-�a S , 2009, by Thomas H. Ouverson, as Managing Member, on behalf of Luxury Homes Investments, LLC, a Florida limited liability company, as Managing Member of Caribbean Venture of Naples, LLC, a Florida limited liability company, who is: ('personalty known to me OR ( ) has produced identification. 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