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Agenda 04/27/2021 Item #16B 1 (Landscape License Agmt w/Moorhead Manor Mobile Home Park HOA)16.B.1 04/27/2021 EXECUTIVE SUMMARY Recommendation to approve a Landscaping License Agreement with Moorhead Manor Mobile Home Park Homeowners Association to provide irrigation, landscaping and maintenance within the designated area on the property located at 4260 Bayshore Drive, Naples Florida, 34112 within the Bayshore Beautification MSTU boundary and authorize the chairman to sign the agreement and authorize payment. OBJECTIVE: To enhance landscape improvements along Bayshore Drive within the boundaries of the Bayshore Beautification MSTU boundaries (MSTU) and extend the improvements into private property as defined in the License Agreement (Agreement) with Moorhead Manor Mobile Home Park Homeowners Association (Association), the owner of the subject property as described in the Agreement. In April 2019, McGee and Associates were hired to develop a conceptual design plan for the renovation of Bayshore Drive from US41 to Thomasson Drive (Attachment A). The conceptual plan consists of 9- foot (+/-) sidewalks, new landscaping, hardscape, and lighting. Due to the limitations of the existing Right of Way (100 Feet) all of the proposed improvements would not be feasible. The conceptual plan provides an understanding of the Right of Way limits along the corridor and offers a plan to coordinate with adjacent property owners to implement the proposed corridor improvements as properties are developed or redeveloped. CONSIDERATIONS: On February 2, 2020, Moorhead Manor Association President Mike Howe contacted the Bayshore Beautification MSTU Board regarding improvements the Association was contemplating along the property frontage. The Association was considering replacing a chain link fence, currently located on the property line, with a solid privacy wall. The Association hired McGee & Associates to develop a landscape plan incorporating the new wall. The cost for this project is approximately $165,000. In discussion, the option to move the southern 80 feet of the wall back 10 feet from the property line and the northern 454 feet of wall 7 feet from the property line would provide an opportunity for the MSTU to install additional landscaping consistent with the conceptual plan for renovating Bayshore Drive. The MSTU Advisory Board requested Mr. Howe provide the board with a completed landscape plan to review and discuss a possible agreement that would allow the MSTU to install nonstructural elements, such as landscaping and irrigation, within the 7 to 10 feet in front of the wall of Moorhead Manor's property which would allow the sidewalk to be expanded in the right of way and provide landscaping along 534 feet of Moorhead Manor's property frontage consistent with the conceptual plan. On July 8, 2020, the MSTU Advisory Board reviewed the landscaping plan and the Architect of Record, Mike McGee, provided a cost analysis to install the landscaping and irrigation and requested the MSTU consider providing irrigation, landscaping, and maintenance on the Association's property within the area as described in Agreement. The Association has received an approved SIPI (Site Improvement Plan Insubstantial Change) for the proposed improvements. The cost estimate for the MSTU portion of the landscaping is $55,000. If the License Agreement is approved, the MSTU would reimburse the Association for the installation of the landscaping. The MSTU would assume maintenance of the landscaping once it is installed and accepted by the MSTU; freeing up the right of way portion for installation of a wider sidewalk and improved lighting as depicted on the concept plan in the future. The agreement would also give the MSTU the ability to make future improvements, such as additional landscaping, hardscape, or additional lighting, as outlined in the Agreement. Packet Pg. 625 04/27/2021 16.B.1 The owner agrees to maintain this Agreement for a minimum of 10 years. If the owner requests to terminate early, the landscaping will remain, and the owner will take over maintenance and compensate the MSTU on a sliding scale based on 10% of investment assigned to each year. For example, if the Agreement is terminated after 5 years, the owner would be responsible for compensating the MSTU 50% of the initial investment. After the minimum 10-year period, the Parties agree that all improvements will remain unless the Parties agree to remove the improvements. Either party may freely terminate this Agreement at any time by providing a 180-day written notice of intent. The Association will be reimbursed for the installation of the landscaping pending submittal of required documentation as outlined in the Agreement. ADVISORY BOARD RECOMMENDATION: The Bayshore Beautification MSTU Advisory Board voted 7-0 on July 8, 2020 to recommend approval of the Landscaping License Agreement with Moorhead Manor Association with a not to exceed cost of $55,000. FISCAL IMPACT: Funding is budgeted in the Bayshore Beautification MSTU Project Fund (160) in Project No. 50174 (Bayshore N Landscaping). Estimated annual maintenance cost is $3,875.00 and will be provided in Bayshore Beautification MSTU Fund (163). GROWTH MANAGEMENT IMPACT: This project meets the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve a Landscaping License Agreement with Moorhead Manor Association to provide irrigation, landscaping and maintenance located at 4260 Bayshore Dr., Naples, Florida, 34112 within the Bayshore Beautification MSTU boundary and authorize the chairman to sign the agreement and authorize payment. PREPARED BY: Tami Scott, Project Manager ATTACHMENT(S) 1. Bayshore MSTU License Agreement Signed and CAO approved (PDF) 2. Attachment A Concept Plan (PDF) Packet Pg. 626 16.B.1 04/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1 Doe ID: 15599 Item Summary: Recommendation to approve a Landscaping License Agreement with Moorhead Manor Mobile Home Park Homeowners Association to provide irrigation, landscaping and maintenance within the designated area on the property located at 4260 Bayshore Drive, Naples Florida, 34112 within the Bayshore Beautification MSTU boundary and authorize the chairman to sign the agreement and authorize payment. Meeting Date: 04/27/2021 Prepared by: Title: — Bayshore CRA Name: Tami Scott 04/13/2021 3:12 PM Submitted by: Title: — County Manager's Office Name: Debrah Forester 04/13/2021 3:12 PM Approved By: Review: Corporate Business Operations Jennifer Reynolds Stage 1 Review Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Procurement Services Sandra Herrera Additional Reviewer Tourism Kelly Green Stage 1 Review County Manager's Office Debrah Forester Director - CRAs Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Capital Project Planning, Impact Fees, and Program Management Michael Cox County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Leo E. Ochs Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 04/13/2021 3:52 PM Completed 04/13/2021 4:57 PM Completed 04/14/2021 9:10 AM Completed 04/14/2021 11:44 AM Completed 04/14/2021 1:52 PM Completed 04/16/2021 9:39 AM Additional Reviewer Skipped Completed 04/19/2021 3:08 PM Completed 04/19/2021 3:09 PM Completed 04/21/2021 11:57 AM Completed 04/21/2021 12:47 PM 04/27/2021 9:00 AM Packet Pg. 627 16.B.1.a LICENSE TO USE PROPERTY FOR LANDSCAPING THIS LICENSE is granted this day of 2021, by and between Moorhead Manor Mobile Home Park Homeowners Association Inc,, whose address is 4260 Bayshore Dr., Naples, Florida, 34112 ("Owner"), to the Bayshore Beautification Municipal Services Taxing Unit, with the Board of County Commissioners, Collier County, Florida, as governing board, located at 3301 Tamiami Trail East, Naples, Florida 34112 ("Licensee"). RECITALS WHEREAS, Licensee was created and established by Collier County Ordinance No. 97- 18 as amended, for the purpose of beautifying and maintaining the right of way along Bayshore Drive within the Bayshore Beautification Municipal Services Taxing Unit; and WHEREAS, Licensee presently maintains landscaping within the right of way at 4260 Bayshore Dr.; and WHEREAS, Owner is the owner of their property located at 4260 Bayshore Dr., Naples, Fl, 34112; and WHEREAS, Licensee wishes to enter into an agreement to provide irrigation, landscaping, and maintenance on the Owner's property as described in Exhibit A (the "Property"). NOW, THEREFORE, in consideration of $1.00 Dollar ($1.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. This is a bare license with no interest coupled thereto whereby Owner does not release any ownership rights it has in this or in any other property. 2. Owner agrees to install the landscaping required to satisfy Collier County Codes and Ordinances, as determined by the Owner's retained landscape architect. Licensee agrees to reimburse the Association for the initial cost investment not to exceed $55,000 for said landscaping. Licensee thereafter has the right to construct and then, at all times during this License Agreement, maintain at its sole cost and expense, the landscaping and hardscaping (e.g. site furnishing pads, sculpture supports & accent up lighting) Packet Pg. 628 improvements on the Property. In constructing and maintaining the improvements, Licensee will comply with all applicable laws and standards. Throughout the course of this License, Licensee and all approved successors and assigns, hereby agrees to indemnify and hold harmless the Owner, its successors and assigns, from all claims and/or suits whatsoever, arising out of the landscaping, hardscaping, and improvements on the Property. 3. This License is not a right, but a privilege personal to Licensee, and is not assignable without the express written approval of the Owner which approval may be granted or withheld, with or without cause. 4. The Owner acknowledges the investment the Licensee has made to the property and agrees to maintain this License Agreement for a minimum period of 10 years. Even though this License Agreement may extend into perpetuity, either party may freely terminate this License at any time subject to the provisions stated in paragraphs 4a.,4b., and 4c., upon dispatch of 180-day written notice to the other party, sent to the address of such other party as set forth in paragraph 6 below. Licensee shall leave the area in an agreed upon condition and Owner will assume responsibility of maintenance. a. If either party terminates the agreement after fulfilling the minimum term of 10 years, no compensation is due from the Owner, and Licensee agrees to leave the landscaping, irrigation, and other improvements, and the Owner assumes maintenance of the same. b, If the Owner terminates the Agreement early, in the manner set forth in Paragraph 4 above, (i,e. before the end of the initial 10 year term), the Parties agree that the landscaping, irrigation, and other improvements will remain and the Owner will assume maintenance of the same. Licensee will be compensated on a sliding scale based on the initial cost investment not to exceed $55,000.00, (e.g. if the Owner terminates in year 1, 90% of the initial costs investment- not to exceed $55,000: year 2, 80% and so on). c. If the Licensee terminates the Agreement early in the manner set forth in Paragraph 4 above, no compensation will be provided to the Licensee from the Packet Pg. 629 16.B.1.a Owner. The Licensee agrees to leave the landscaping, irrigation and other improvements and the Owner agrees to maintain the same. 5. Disbursement by Licensee Owner agrees to obtain all necessary permits and submit any required plans to the County's Growth Management Department. Upon completion of the work, Owner shall submit to the CRA staff a Reimbursement Request, The CRA, through its staff, shall confirm that the landscape improvements were constructed pursuant to the approved plans. The Owner will submit Reimbursement Request to Licensee for the landscaping costs. The Owner will submit the following: • A copy of each of the three (3) bids from three (3) licensed vendors for the project identifying each component included for reimbursement. • Contractor selected justification summary • Two 8 inch by 10 inch photos showing improvements completed • Copy of Permit issued for work and final inspection • Invoice(s) from the vendor for work performed. • Copy of canceled check (Front and Back) which paid for work performed (Same amount as Invoices) amount) Reimbursement Request will be mailed or delivered in person to: Collier County Community Redevelopment Agency C/O Tami Scott, Project Manager 3299 Tamiami Trail E. Suite 103 Naples, FL 34112 Copy to: Dennis Riffert Moorhead Manor Treasurer 1019 W. Phelps Drive Newburgh, IN 47630 or: E-Mail to: riffert@wowway.com The Licensee will remit to Owner: Payment in the full amount documented on the Reimbursement Request. Payment will be processed and disbursed within 45 days from receipt of all documents to support reimbursement request. Payment will be mailed to: Moorhead Manor Mobile Home Park Homeowners Association, Inc. C/O Guardian Property Management 6704 Lone Oak Blvd Packet Pg. 630 16.B.1.a Naples, FL 34109 Total amount of all landscaping Reimbursements shall not exceed $55,000.00 Licensee will contact Moorhead Manor Treasurer (Dennis Riffert) to resolve any discrepancies related to the Reimbursement Requests. 6. All notices or other communications, including change in address or contact information, provided herein shall be in writing and shall be delivered in person or mailed by certified mail, return receipt requested to the parties at the following addresses: For Licensee: Collier County — Bayshore Beautification MSTU 3299 Tamiami Trail E. Suite 202 Naples, FL 34112 With a copy via Regular US Mail to: Collier County Community Redevelopment Agency 3299 Tamiami Trail E. Suite 103 Naples, FL 34112 For Owner: Moorhead Manor Mobile Home Park Homeowners Association, Inc. C/O Guardian Property Management 6704 Lone Oak Blvd Naples, FL 34109 With a copy via Regular US Mail to: Moorhead Manor President 4260 Bayshore Drive Naples, FL 34112 Packet Pg. 631 16.B.1.a IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA M. , Deputy Clerk STATE OF FLORIDA COUNTY OF COLLIER Penny Taylor, Chair Moorhead Manor Mobile Home Park Homeowners Association Inc: f `1 "L h l A, P szt. l'i t Arcs s i (print name and title) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of physical preAcC:,en a or [ ] online otari ation, this � day of 4 j9 ez L , 2021, by ,M l(' ae C (} � , as (�,-� of Moorhead Manor Mobile Home Park Homeowners Association Inc, on behalf of the association, who M is personally known to me or who [ ] produced f� as identification. �/ f I %in I t I— JA iil/%-A (I — (SEAL) Nbtaq Publi(� State of Florida P1 AfZ c; Printed Name 'Notar), 1yCommisrio Expires: Packet Pg. 632 Exhibit A 16.B.1.a r N El � ; MATCH LINE A- -A �35�+�yp yyIA �� r SI 11 111 1 • � II 'll '�1 9�� O}F�f.I iid33 6 i tL !� I I IFlfl 1 f 9d.. p R CC n itit 1f< q $a 1 !' i I I � 9 d I 1 ,. u .• s Ix, I' w iitN, 1 ail I 4 y# Rl I i 1 II !� 14 CCOUNTY ^NORTH COUNTY i' I V I/(.C: Pi aC QQ-Oe MOORHEAD M EAO MANOR MOBILE HOME NARK, INC. p 9 1 4260 HAYSHORE DRIVE NAPLES. 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