Caribbean Venture, LLC Access Easement Agreement
Caribbean Venture of Naples, LLC
Access E;asement Extension
ACCESS EASEMENT AGREEMENT
W
THIS ACCESS EASEMENT AGREEMENT is made this ;21 day of
~ (I ~./ 2009, by and between COLLIER COUNTY, a political subdivision of
the Siateiffrorida, 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").
WIT N E SSE T H:
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 11, of North 11, 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
1
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. Desian 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 approyal, 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 Roadwav. 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.
2
~"'--~---r-'------'-'----_"__"___"",,_,,,,_,,_
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:
DWIGHTE. BR()CK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~... CLw~W~A)(
k , ",. Dep Clerk
, It II ..a.e .... s
~ iq,,~tu,., Of'l"
WITNES~ES:
/
//
c~c. ~~c
i',
f i "
! ,
BY:
r" -~'---,.'?', :>-' ,-;(
'.
::':/-",:
DONNA FIALA, Chairman
CARIBBEAN VENTURES OF NAPLES, LLC
a Florida limited liability company
BY: LUXURY HOMES INVESTMENTS, LLC
;;;'4.t1.-L/ )( f 1/1 [ '7pt/
f '
(Printed Name)
a Florida limited liability company, its Managing
Member
By:~//J-:';1j
THOMAS H. OUVERSON, as Managing Member
'1~dVTiV.L~-mPL ~
(Signature) .
1>> k'\L'-b.J~ L ,t-t-reLl
(Printed Name)
3
'~-'r-"-'-
STATE OF FLORIDA
COUNTY OF COLLIER
I
The foreWing instrument was acknowledge before me, this ~ day of
At( (k ) '/ , 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:
('I personally known to me
OR
( ) has produced
identification.
as evidence of
4)~ 0EIl0IWlA. WTlIIiU.
. 'g MYCOIAtISSION'OO_
: :. EXPlAES:_3,2012/
iii( _n..~PulIIc_
~'''' ~~ ~d<uL
( ignature of Notary P IC
T..eh'"jfn Jl {il. LLI tl-rt> 11
(Print name of Notary ubllc)
NOTARY PUBLIC
Serial/Commission # : if any
My Commission Expires:
(affix notarial seal)
Approved as to form and
legal sufficiency:
,tILe de A Oc
eldl Ashton-Clcko
Assistant County Attorney
4
.
2
Ei
!
H ~
",.
~
;;;:; ~
-- !
J~ ~
~~ ,
r
~
8
~. ~ i
tin i
.l~' r
.t ~dt
X-a'
h!~!~
.~j i
iii :
I ~
i'/1 /f
EXHleIT._.L:L-~
._v
-
z
o J>
~ ~ ~
M -< U1
;o~ r-
'. )';m:ji:,
n;oOr-"OO
On ~M::O--l
rn 0
Cr- !'\.)"Tl<
r"1 . )>Mc.Q
;o<D"Oi?~--.J
().3~(J)z
o .. ....
C M
~ " q
U1
z
N OCT3.$'5.."t 21)9.13
~
~
.
d
PROPOSED
RIGHT -OF-WAY EASEMENT
"
S 00'35'~"'W 270,00
EAST UNE SECTION 3'
o
:li:
z
r>1
0::9
;~
~ffi
r-<;o
[;J~
'z
r-
hr;i
z
~
-Z/,~.l:31'r.)S ~
8
! !1!a:;sai!B!i~i!
~ ~e~~~~!~i~i~~ji~
~ ~~I~ I itl~i~~~;?YlI<i ~
~ ~~. g~;;~~~~~~~S~ ~ ~
g ~; ~~i~~~~i~~~~j ~~~j;~
... ill_ ~ill~!!lj~~>l~ ... !il ~~~~
~ I~ !iill~~~-gJ~iA~ !~~~I<i~
i iOi"'i!;;;l~ """ a "J"f!oli!
~.. ilIo.'il ~ Gi~ "'...
'il ~~Oa~2~~ ~ ..~ ~i~~~~
illS &>lZ~at~~.~ ~-<~S 3i' j;;
~s ~~~~~~~g ~~~'il j
~ !!l.~I'~",'l, ~ -~!;~ .
i ~;o~i~!~~ ~o~~
~ 6~i!iil8~!;l!!l '\l~~!
O"8g.. ~8~ ~~~~
~ ~~ 8i!!;l (,la "
. c ~ ~ i. ~
g~ ~9 .
.~ ."
C>1?1Jc,~
~q,.
~J
.~
....,
t.lN
S 00'35'S""W 120.01 .,.. '"
- !Ii~. ~
~.I
~..
~g
~. ~
~U
"'...
"'.
~
~
imil!i! ;
~~""It~~
~.~n~~~~i
:,,~U~ g~~
~~' 3!~8 ~
I '!il~!i!
;!! ",:'1:; ~
~~ .;~. !il
3~ ~~~ ~
~. . ~'il !i
~ &l ~
~ .
I Z
~ oSl
.'!i ~."
co
~
Z
"
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
. TEE BOARD OF COUNTY COMMISSIONERS OFF1CE FOR SIGNATURE
'P:im 011 pink paper. Al!:ldl to original donnn-' Originllld~~_.. 3bDu1d be hand cWivered" rt:e BoaztI 0tIi= n",_p~ routing illp ",d original
d~_.. ... to befurwmlcd. to rt:e Bcam 0fIi0: only!!!!!: t!u: Bcam has .,,:cua;OI1.OZl rt:e it:om.J '
., ,.,' " , ROUTING SLIP ' .
OlmpI=roucing Jines #llhraugh/14 as ~ a:additillaa.l,;~ d4r=. mdlarillfurmatiOZlnecdo:Lltt!u:d~~_;is ilicldycomplce with t!u:
dOl1of'rt:en..;,.",.",s . dr:awalinelfuon lOlldn lines#! t!:rou 114, c:omoJeo::rt:ec:!lccl:ll.st;mdfurwardtos=Filsoa(lb:cIlS),
Route to Addressee(s) . Office Initials Date
(Lisrinmutin on!cr)'
L
PRIMARY CONTACT' INFORMATION
('\1Ic primary -- ts the boJder of <be origilW doc::Imco. pClldiDg Bee 'PprowL NClrli:alIy rt:e primary _ca is <fl. p....o. who CIClIl:d/pr<parcd <fl. exccotiv.
S1IIImIlIry.l'limary -= iomnmuiOll is - ill rlIc even, ca. of <fl. -== <lbove. includillr Sue Mlsoa. .eed " cpnca mff foradditioaal or missing
iDiormadoa. All originlll dcc:umcotr """'""Idle BCC CIWn:oiIII's siflll".... "" " b. delivered" rt:e Bee oIIicc only :U'ler t!u: Bee has aced to approve <fl.
io:m..l
Name olPrimary Staff
Con!llct
Agenda Date ItJ:m W3:l
vet! b the BCC
Type olDoc:ument
Attached
"'....
2.
~....:.-"~.-..
-....---.'-
---
3.
--
.-----
'.
"
4.
,/"
../,,--
5. ~ rdllt'J11, Executive Manager
(r'j,v fl1 rTc..H~......
6. Minutes and Records
Board of County COmmissioners
Clerlc of Court's Office
Agenda Item Number
Phone Number
Numb"" ol Original
Documenl:l Aaached
INSTRUCTIONS & CHECKLIST
Initia1 the Yes column or marl:: 'W A. in !be Not Applicable column, wb.ichever is
1.. Original document has been 5igncdIiniri.IM for legal sUfficiency. (All documenl:l to be
signed by the, Chairman, with the exception 0( most Jetrers. ,must be reviewed and signed
!iy the Office ot!be County Am:lmey. This iDcludes signa= pages from orrl;na"""".
resolutions, etc. signed by !be County AlIcrDey's Office and signature pageS from
coDlraCl3, agr-m....ts. ell:. that have been fWIy =uted by all parties =cpt the BeC
Cbairman and Clerk to the Board and I Sl3te Officials,)
2. All handwrittcn.strib-tbroagh IIId revisions have been initialed by the County ~y: 5
Office and all other.os the BCC Chairman and the Clerk to the Board
3. The Chainpan's signature lhle date has been entered as the date ofBCC approval olthe
document or the final lie tiated contract date whichever is licable.
4. "Sign here" tabs are placed. on the appropriate pages indicating where the Chairman's
si and initials are
5. In ri10st = (some contraclll are an exception), the original document and this routing slip
should be provided to Sue Filson in !be BCC office within 24 hours olBCC approvaL
Some documents are time sensitive and reqnire'iorwarding to T.Il.h..,... within a certain
time frame or the BCC's actions are nuIliiied. Be awan: ol our deadlines!
6. The docmnent was approved by the BeC on 1: ,(enter date) and all changes
made during the meeting have been incorporated' the attached docnment.. The
COIlll Attorn's Omce has reviewed the os, if a Hable.
1: - County _ Bee _ OrigioaJ Documcu:r Routing Slip WWS OrigioaJ 9.03.04, Revised 1.26.05. Rcvi=t 1.24.05
...
A- I /5 to
;;lJ~:.(. 8(/17
, ./)'
(J' b?:-
Yes N/A(Noc
(Initial) Jicable)
H1Jl
/ .
,.-- jtJ /tf
6n€
(\fr?
, -
1 {)/A
Crrrrb
MEMORANDUM
DATE:
January 6, 20/0
TO:
Cindy Erb, Sr. Property Acquisition Specialist
Real Estate Services
FROM:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
RE:
Access Easement Agreement with Caribbean
Venture of Naples, LLC extending an existing
easement over Collier County property
Attached is the original easement agreement, referenced above
(Item #16D2) approved by the Board of County Commissioners on
October 27,2009.
After recording please forward the original back to the Minutes and
Record's Department so it may be kept with the Board's Official Records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment
-<..".----~t.
71.,110
Ann P. Jenne'ohn
From:
Sent:
To:
Subject:
erb_c [CindyErb@colliergov.net]
Wednesday, January 06,20109:16 AM
Ann P. Jennejohn
RE: 1602 10/27/09
Hi Ann and Happy New Years!
We will need the original back so that we can record it....1 thought I put a sticky note on the pink
slip.. ..maybe it was removed in transit? Anyway, you are right that Agreements aren't usually
recorded, however, in this case, it will be. The developer is paying for the recording, and I am waiting
to hear from Parks and Rec regarding action on the check that the developer gave us for the
purchase price of the easement and recording fees.
As soon as we receive the original recorded document, we will forward it to your office for safe
keeping.
If you have any questions, please advise. Thank you!!!
Cindy M. Erb
Cindy M. Erb, SRfWA
Senior Property Acquisition Specialist
Collier County Real Property Management
3301 Tamiami Trail East - Building W
Naples, FL 34112
Telephone Number: 239-252-8917
Fax Number: 239-252-8876
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Sent: Wednesday, January 06, 2010 9:01 AM
To: erb_c
Subject: 1602 10/27/09
Happy New Year Cindyl
I'm processing your "Access Easement Agreement" between the County and Caribbean Venture of Naples.
Can I return a copy to you, or do you need the original back?
Because those agreements generally aren't recorded, I thought I'd better ask,.......
If you could let me know when you get a minute, that would be 9reat @
Thank you.
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
---'-""-'"'--~"-'-"'---'--"---~'--'-"-~