The Shores HOA Agreement
AGREEMENT
-or- -i~ .t-t
THIS AGREEMENT is made and entered into on this C,~ day of It III R"J ,
200$, by and between THE SHORES AT BERKSHIRE LAKES MASTER HOMEOWNER'S
ASSOCIATION, INC., a Florida corporation not for profit, whose mailing address is c/o R&P
Property Management, 265 Airport Road South, Naples, FL, 34104 (hereinafter referred to
as "Association"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, the Radio Road frontage of The Shores at Berkshire Lakes community is
comprised of common element lands to which title is held by The Shores at Berkshire Lakes
Homeowners Association, Inc., a Florida corporation not for profit, (hereinafter referred to as
"Association"); and
WHEREAS, County has conducted a study to determine whether or not portions of The
Shores at Berkshire Lakes community meet the criteria for pUblic funding of sound
attenuation barriers ("noise walls") in connection with the 6-laning of Santa Barbara
Boulevard; and
WHEREAS, only a portion of The Shores at Berkshire Lakes community's frontage on
Radio Road (between Station 259+70 and Station 265+92.70) qualified under said criteria for
public funding of noise walls; and
WHEREAS, Association desires to have the noise wall extended along its Radio Road
frontage from the easterly terminus of the publicly funded noise wall to the eastern boundary
of The Shores at Berkshire Lakes community; and
WHEREAS, Association has agreed to fund a separate contract with the County's
Santa Barbara Boulevard noise wall contractor to extend the noise wall from Station
265+92.70 to the eastern boundary of The Shores at Berkshire Lakes community
(hereinafter referred to as the "Privately Funded Privacy Wall"); and
WHEREAS, Association agrees to deed to County a fifteen (15) foot wide strip of right-
of-way along Radio Road (see Exhibit "A," hereinafter referred to as "Right-of-Way") within
which a Privately Funded Privacy Wall may be constructed; and
WHEREAS, Association agrees to pay for the cost of recording the deed for the Right-
of-Way in the public records and to pay all documentary stamp taxes in connection therewith;
and
WHEREAS, Association acknowledges that it will be responsible for continuing and
perpetual maintenance of not only the interior but also the exterior surfaces of the Privately
Funded Privacy Wall; and
WHEREAS, Association acknowledges that County will have no obligation whatsoever
for the maintenance and/or repair of the Privately Funded Privacy Wall; and
WHEREAS, Association agrees to install and maintain landscaping and irrigation
outside the Privately Funded Privacy Wall section consistent with the requirements of the
Collier County Land Development Code (LDC).
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
Agreement
Page 2
2. Association shall convey to County the Right-of-Way free and clear of all liens and
encumbrances within thirty (30) days of the effective date of this Agreement. This
conveyance is conditioned upon the completion of the Privately Funded Privacy Wall
as proposed. In the event the Association is unable to permit and construct the
Privately Funded Privacy Wall within twelve months of this Agreement and makes
written request of the County, County will deed the Right-of-Way back to the
Association.
3. Association shall pay all recording costs, documentary stamps, and costs associated
with the release or subordination of all existing liens or encumbrances on the Right-of-
Way.
4. Association may contract with County's wall contractor, separate and apart from
County, for construction of a privately-funded privacy wall within the proposed Right-of-
Way from Station 265+92.;70 to the eastern boundary of The Shores at Berkshire
Lakes Community. County is under no obligation to coordinate or facilitate the
construction of the Privately Funded Privacy Wall.
5. In the event that Association elects to fund construction of the Privately Funded Privacy
Wall referenced in Paragraph 3 (above), it shall first apply for a Collier County Right-of-
Way Permit and agree to abide by all the conditions thereof. As an express condition
of the Right-of-Way Permit, Association shall indemnify County against any claims
arising out of the construction and future maintenance of the Privately Funded Privacy
Wall by Association, its successors and assigns. Prior to commencement of wall
construction, Association shall submit to the County's Transportation Division LDC-
compliant landscaping and irrigation plans prepared by a licensed landscape architect,
as well as plans and/or shop drawings of the proposed Privately Funded Privacy Wall,
signed and sealed by a licensed professional engineer, attesting to the wall's
compliance with all applicable building codes.
6. After completion of the Privately Funded Privacy Wall, and all associated
improvements, including landscaping and irrigation, Association will enter into a
standard County Landscape Maintenance Agreement for the perpetual maintenance of
all improvements, including the wall, constructed within the Right-of-Way.
7. All design, permitting and construction activities are the sole responsibility of the
Association and will be in compliance with all state and local laws and regulations.
County makes no express or implied representations about the permittability of the
Privately Funded Privacy Wall. The Association understands that certain code
requirements need to be met and that transfer of the Right-of-Way may result in non-
compliance with existing Preserve requirements. The parties hereto acknowledge the
foregoing and agree that the terms of this Agreement shall not be construed, or are not
intended, as authorization for the permitting of the Privately Funded Privacy Wall or a
deviation or waiver of existing code requirements.
8. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and may only be modified by written
amendment thereto.
9. This Agreement is contingent upon no other provisions, conditions, or premises other
than those so stated above; and this written Agreement, including all exhibits attached
hereto, shall constitute the entire Agreement and understanding of the parties, and
there are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
10. Association hereby releases, holds harmless, defends and indemnifies County for and
from any and all damages, claims, liabilities, actions, costs and expenses (including
without limitation reasonable paralegal and attorney's fees and costs), penalties or
Agreement
Page 3
fines incurred by or asserted against the County by reason or arising out of the
Associations, it's agents, contractors, or employees' performance hereunder.
11. This Agreement is not intended to create any rights, benefits or entitlements in any
person or entity who is not an undersigned party to this agreement. No third-party
beneficiary claims may be asserted on the basis of this Agreement.
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
13. All obligations contained herein shall survive the recording of the deed.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED: . 3/25/z0:>P':
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AS TO ASSOCIATION:
WITNESSES:
THE SHORES AT BERKSHIRE LAKES
MASTER HOMEOWNER'S ASSOCIATION,
I NC. a Flor' a not for rofit corporation
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(Print) ,
STATE OF FLORIDA
COUNTY OF COLLIER
The following Agreement was acknowledged before me, the undersigned authority, by
LARRY CECE, as President of THE SHORES AT BERKSHIRE LAKES MASTER
HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, who ('/J is
personally known by me or CJ provided as identification.
- ,e"]IOJ
tate of lorida, NotaryJ:l!bliY1
Print Name: lGnyCl I. Ct\Cl.f1 .
My commissioner expires: AU3' ;;J,Co1;;C I
Serial No. D D 1 D\)LJ I ;} -
NOTARY Mue-STATE OF FLORIDA
....."",,..., Tanya T. Chancy
{_JCoIJ!llliSSion #DD708412
....".".... ExpJres: AUG. 26, 2011
BONDED THRU ArLANTIC BONDING CO.,INe.
EXHIBIT A
PARCEL 1:
LEGAL DESCRIPTION
15-FOOT ROAD EASEMENT FOR NOISE WALL
SHORES AT BERKSHIRE LAKES
A portion of Tract D, SHORES AT BERKSHIRE LAKES, PHASE TWO-A, according to the Plat
thereof recorded in Plat Book 32, at Pages 60 & 61, and a portion of Tract A, Berkshire Pines, Phase One,
according to the Plat thereof recorded in Plat Book 29, at Pages 47 & 48 of the Public Records of Collier
County, Florida, being more particularly described as follows:
Commence at the Southwesterly corner of said Tract "D", Shores at Berkshire Lakes, Phase Two-A;
thence run N 87 degrees 45' 03" E, along the Southerly line of said Tract "D", a distance of 665.29 feet;
thence run N 02 degrees 15' 09" W, a distance of 14.59 feet to the Point of Beginning ofthe Parcel of
land herein described; thence run N 05 degrees 02' 19" E, a distance of 15.00 feet; thence run S 84
degrees 57' 41" E, a distance of 114.05 feet; thence run N 87 degrees 45' 02" E, a distance of 597.79 feet
to the Easterly line of said Tract "A", Berkshire Pines, Phase One, the same being a point on a curve to
the right, having a radius of60.00 feet, a central angle of 16 degrees 12' 51 ", a chord bearing of S 25
degrees 19' 44" W, and a chord length of 16.92 feet; thence run along said Easterly line and the arc of
said curve an arc length of 16.98 feet to the. end of said curve; thence run S 87 degrees 45' 02" W, along
the Southerly line of said Tract "A" and the Southerly line of said Tract "D", a distance of 590.91 feet;
thence run N 84 degrees 57' 41" W, a distance of 115.00 feet to the POlNT OF BEGINNlNG.
Bearings shown hereon refer to Shores at Berkshire Lakes, Phase Two A, according to the Plat thereof
recorded in Plat Book 32 at Pages 60 & 61 of the Public Records of Collier County, Florida.
NOTE: THE ABOVE DESCRIBED LEGAL DESCRIPTION, AS PROVIDED, DOES NOT
CLOSE.
PARCEL 2:
The South 15 feet of Tract A, Berkshire Pines, Phase One, according to the Plat thereof recorded in Plat
Book 29, Pages 47 and 48, ofthe Public Records of Collier County, Florida.
NOTE: THE ENTIRE LEGAL DESCRIPTION FOR PARCEL 2 IS CONTAINED IN THE
LEGAL DESCRIPTION OF PARCEL 1.
PARCEL 3:
The South 15 feet of Tract B, Berkshire Pines, Phase One, according to the Plat thereof recorded in Plat
Book 29, Pages 47 and 48, of the Public Records of Collier County, Florida.
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