Backup Documents 12/10/2019 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO kfic
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT •
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 Dat
1. Colleen M. Greene, Asst. County Atty. County Attorney 0//14(
A n J _ ZH1q/
County Attorney's Office (y V l
2. BCC Office Board of County WYYl b
Commissioners J tV 1 { 9
3. Minutes and Records Clerk of Court's Office
ASS' rV1( .-wi- zt,to pN110~
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 Toni A. Mott Phone Number 239-252-8780
Contact/ Department
Agenda Date Item was December 10,2019 Agenda Item Number 16.C.6
Approved by the BCC
Type of Document Agreement between The Villas at Barefoot Number of Original 1
Attached Beach Homeowners Association,Inc. and Documents Attached
Collier County for the Barefoot Beach
North Access Park Property
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 column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? TAM
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 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 TAM
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 December 10,2019,and all changes TAM
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 �t�v.4BCC,all changes directed by the BCC have been made,and the document is ready for the `n,,,,�
Chairman's signature. 1`
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 I 6C 6
TO: Virginia Neet, County Attorney's Office
FROM: Toni A. Mott, Manager, Real Property Management
ement
DATE: December 17, 2019
RE: Agreement between The Villas at Barefoot Beach Homeowners Association,
Inc. and Collier County for the Barefoot Beach North Access Park Property
(Agreement)
On December 10, 2019, the BCC approved Agenda Item 16.C.6, authorizing the Chairman to
execute the Agreement.
Attached, please find the original Agreement along with the requisite "pink slip" for routing of
the document for the Chairman's signature.
Also attached is a Memo to Minutes & Records for the attestation of the Chairman's
signature.
Please call me at x8780 with any questions.
Thank you!
Memorandum i 6u f,
TO: Minu s & Records Management
FROM: oni A. Mott, Manager, Real Property Management
DATE: December 17, 2019
RE: Agreement between The Villas at Barefoot Beach Homeowners Association,
Inc. and Collier County for the Barefoot Beach North Access Park Property
(Agreement)
On December 10, 2019, the BCC approved Agenda Item 16.C.6, authorizing the Chairman to
execute the Agreement.
Attached is the original Agreement. Please attest to Commissioner McDaniel's signature as
Chairman on the document and email me a copy of the fully executed document.
Please contact me if you have any questions or comments at Extension 8780.
Thank you.
1 6C 6
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, December 26, 2019 2:31 PM
To: mott_t (ToniMott@colliergov.net)
Subject: Item#16C6 (12-10-19 BCC Meeting)
Attachments: Backup Documents 12_10_2019 Item #16C 6.pdf
Hi Toni,
I signed copy of Item #16C6, from the Board's
December 10, 2A1q Meeting, is attached for your records.
Thank you!
Ann Jennejohn
BMR Senior Deputy Clerk
,�, <<,;�,� Clerk to the Value Adjustment Board
r.. Office: 239-252-8406
Fax: 239-252-8408(if applicable)
Ann.Jennejohn@CollierClerk.com
Office of the Clerk of the Circuit Court
,a &Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1 6C 6
AGREEMENT BETWEEN
THE VILLAS AT BAREFOOT BEACH HOMEOWNERS ASSOCIATION, INC.
AND COLLIER COUNTY
FOR THE BAREFOOT BEACH NORTH ACCESS PARK PROPERTY
This Agreement is entered into this to day of ten., 2019, by and between The Villas at
Barefoot Beach Homeowners Association, Inc.,with full power and authority to protect,conserve,
and sell both the legal and beneficial interest in the real estate conveyed as set forth in Florida
Statute 689.07(1),a Florida Not For Profit Corporation("Villas"),27180 Bay Landing Drive,Suite
4, Bonita Springs, Florida 34135, and the Collier County Board of County Commissioners
("County"), a political subdivision of the State of Florida, whose post office address is 3299
Tamiami Trail East. Suite 300, Naples, FL 34112.
WHEREAS, the Collier County Board of County Commissioners and The Villas at
Barefoot Beach Homeowners Association, Inc.wish to establish an Agreement between the parties
to provide mutually beneficial support in their respective efforts for continuing maintenance of the
conservation area on both properties' parcels; and
WHEREAS, each Party is committed to maintaining its respective property in a manner
consistent with past practices and consistent with the terms of this Agreement at each Party's own
expense; and
WHEREAS, the Board of County Commissioners finds that there is a public purpose for
the Parties to work together for the benefit of the Barefoot Beach North Access Park Property,
which is a County beach park facility.
A. Location
1. Collier County Parks and Recreation Property
The Barefoot Beach Access Park property is the northern most beachfront property in
Collier County, Florida. The property is contiguous to the Villas property on the south and
east.
[19-PRM-00494/1490137/1] ;r
1 be
2. Property Location - Villas of Barefoot Beach Property Within the Dune Area
The Villas at Barefoot Beach Home Owners Association is the northern most beachfront
development in Collier County, Florida. It abuts the County Park as shown in Exhibit"A
The property includes part of the fore dune area on the south side of the park and part of
the vegetated back dune areas on the east and north side of the park. The parcel is
approximately 8 acers and contains 50 single family residences.
B. Maintenance Provisions
The County and Villas will maintain their respective properties each Party to bear their
own cost for each activity. Maintenance activities will include but not be limited to:
1. The County and the Villas will each perform a wildlife survey to locate and mark any
existing gopher tortoise burrows, as required by Federal Law, prior to commencement
of any maintenance activities.
2. The County and the Villas will trim dune vegetation areas under the following
conditions:
a. Trimming north of the Villas residential structures will occur at a minimum of
(no shorter than) 6 feet in height. Florida Department of Environmental
Protection (FDEP) advised they accept the Villas traditional trimming heights
of 42 inches west of the Villas residential structures on both County and Villas
property in the area it has been maintained historically. The area approved for
a 42-inch height is delineated in Exhibit "A
b. The County and the Villas are only responsible and authorized to trim areas
within their respective property boundaries.
c. Trimming will occur outside of sea turtle season and will be trimmed
approximately twice per year and at least once per calendar year.
3. Any exotic removal activities will be scheduled outside of the sea turtle nesting season,
(19-PRM-00494/1490137/1
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presently set from May 1 through October 31.
4. There is an existing foot path within the historically maintained boundary at a 42-inch
height. The existing foot path, shown in Exhibit "A", is grandfathered and is allowed
as 3-foot width maximum, as a sand path. Any new paths through the dune vegetation
will require an FDEP permit.
5. The acceptable method for treating invasive species is to cut off at the ground level,
treat with herbicide,then remove dead plants.FDEP recommends a minimum of 3 plant
species for diversity. FDEP recommends grasses included in the replanting plan to help
trap sand. Grasses can assist with flooding and surge by helping to `rebuild' the dunes.
6. The County and the Villas will attempt to coordinate replanting so that the dune system
is more uniform and achieves the overall desired diversification. Each Party will
submit its proposed plan to the other for approval within 30 days from receipt.
Approval will not be unreasonably withheld. Acceptable replanting species
recommendations include, but are not limited to:
• Prickly pear(Opuntia stricta)
• Beach sunflower(Helianthus debilis)
• Inkberry (Scaevola plumieri)
• Necklace pod (Sophora tomentosa)
• Sea oats (Uniola paniculaie)
• Nickerbean (Caesalpinia bonduc)
• Sea oxeyed daisy (Borrichia spp.)
• Sea purslane (Sesuvium portiulacastrum)
• Seagrape (Coccoloba uvivera)
7. If a vehicle on the beach is needed for work on the dunes or the beach,a Collier County
vehicle on the beach permit will be required.
C. Terms
I. This Agreement shall be valid for four years from the date of execution and may be
extended by either Party with 60 days written notice and approval by the Board of
County Commissioners.
(19-PRM-00494/1490137/1) �'
1 6C6
2. Either Party may terminate this Agreement for any reason with 30 days written notice
to the other.
3. NO PARTNERSHIP:Nothing herein contained shall be construed as creating a partnership or
joint venture of any kind between the County and the Villas, its vendors or subcontractors, or
to constitute the Villas,or its vendors or subcontractors,as an agent or employee of the County.
4. This Agreement is subject to appropriation by the Board of County Commissioners.
5. This Agreement is subject to the requirements found in Ch. 119, Fla. Stat., Florida's
Public Records Law.With respect to all matters covered in this Agreement.Spirit Promotions
shall maintain complete and accurate accounting records, and shall maintain these records,
books, documents. papers and financial information pertaining to work performed under this
Agreement for a period of three(3)years, in compliance with Chapter 119. the Florida Public
Records Law.
6. NOTIFICATION
All notifications and communications regarding activities covered by this MOU will be
made in writing to the parties as follows:
a. The Villas at Barefoot Beach Homeowners Association. Inc.
c/o President
27180 Bay Landing Drive, Suite 4
Bonita Springs, FL 34135
b. Collier County
c/o Parks& Recreation Director
15000 Livingston Road
Naples, FL 34109
7. VENUE AND GOVERNING LAW: This Agreement shall be governed by and construed
under the laws of the State of Florida. The parties shall attempt in good faith to resolve any
dispute concerning this Agreement through negotiation between authorized representatives. If
these efforts are not successful, and there remains a dispute under this Agreement. the parties
shall first engage in voluntary mediation, with each side sharing all costs. Following the
conclusion of this procedure,either party may then file an action in the Circuit Court of Collier
(19-PRM-00494/1490137/11
1 6C 6
County, or the Middle District of Florida, which shall be the exclusive venue with respect to
any disputes arising out of this Agreement. In the event of litigation, each side shall bear its
own attorney's fees.
IN WITNESS WHEREOF, the Parties, Villas and Collier County, have respectively, by
an authorized person or agent. hereunder set their hands and seals on the date first written above.
AS TO COUNTY:
DATD44C7-
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-1 f' 90 -. : BOARD OF CO TY COMMISSIONERS
• (,r tat $ Yel;4erk COLLIER COI . .IDA
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- �1�►`1CI Off,uty Clerk By: �� .�.
a �� 5c W'i" iam L. McDaniel. Jr.. Charman
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Approved as to form and legality:
tO I 1111/1 iii '
of een M. Greene
Assistant County Attorney
THE VILLAS AT BAREFOOT BEACH
HOMEOWNERS ASSOCIATION, INC., A
FLORIDA NOT FOR PROFIT
CORPORATION--77
kgAU-14--- Bye/� - Ci .t WitnessSteve Bruce, President
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Attachment A
Oi11ership Exhibit
(19•PRM•00494/1490137/1]
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Attachment A
Ownership Exhibit
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