Parcel 347To:
~rom;
Date:
Subject:
MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie Kerskie, Real Property Specialist
Real Property Management Department
October 08, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcels: 347 / Smuder-Faust Realty, Inc.
RECEIVED
0Cf 11 1999
~ard of Countj~ Con,miSSioners
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that Robert Zachary, Assistant County Attorney, has reviewed and
approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift, purchase or condemnation in Resolution 99-291, Item
8{B)(7), dated June 22, 1999. Pursuant to the previous resolution 98-107,
Paragraph 8, the Board has authorized its present Chairman and any
subsequent Chairman, for the life of the Project, to execute any instruments
which have been approved by the Office of the County Attomey.
Once the Agree/ment has been executed, please forward same to Ellie Hoffman,
Records Technician Ill, Minutes and Records Management, for attestation by the
Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for
document pick-up.
Thankyou.
Attachment as stated
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard (Project #63041)
347
37116961006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered Into by and between SMUDER.FAUST REALTY, INC., a Florida
corporation, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Flodda, its successors and assigns (hereinafter
referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for
utility, drainage and maintenance (hereinafter referred to as the "Easement") over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a part of the Agreement, described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway
Restoration Easement (hereinafter referred to as "'I'DRE") over, under, upon and across
the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B",
which is attached hereto and made a part of the Agreement, described as follows, to
wit;
SEE ATTACHED EXHIBIT "B". which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE
(hereinafter collectively referred to as roperties ) to the Purchaser for the stated
"p
purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as
any improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Properties and for the improvements located thereon.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$ 4,200.00, broken down as follows:
Easement
$ 4O0.00
Temporary Driveway Restoration Easement $ 100.00
Improvements
Severance Damages $ 900.00
TOTAL:
$ 4,200.00
Owner accepts the above compensation as full payment for the
Propedies, and for all landscaping, trees, shrubs, improvements and fixtures located
thereon, and for any damages resulting to the remainder, if less lhan Owner's entire
property was taken, and for all other damages in connection with the conveyance of
said Properties to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3.
This Agreement shall be null and void, and of no further force or effect,
unless closing shall occur within ninety (90) days from the date Purchaser executes this
Agreement; provided; howev3r, that Purchaser shall have the unilateral dght to extend
the term of this Agreement, pending receipt of all propedy executed instruments
affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver
the County Warrant to Owner and Owner shall deliver the Properties to Purchaser In an
instrument acceptable to Purchaser.
4. Pdor to the closing, Owner shall obtain from the holders of any and all
liens, encumbrances, exceptions, or qua~lflcatlons In and to the Easement, the
execution of such instruments that will, upon their recording in the Public Records of
Collier County, Florida, clear any and all encumbrances from the
instruments, including the TDRE, shall be provided to Purchaser on Easement. Such
of closing, or before the date
5. Owner is aware and understands that the "offer" to purchase
represented by this Agreement is subject to acceptance and approval by the Board of
County Commissioners of Collier County, Florida.
6. Owner represents that the Properties and all uses of the Properties
have been and present y are in compliance with
envronmental laws; that no hazardous substances all Federal, State and Local
have been generated, stored,
treated or transferred on the Properties except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or environmental law violation
on any property contiguous to or in lhe vicinity of the Propedies to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of
a) any spill on the Properties, b) any existing or threatened environmental lien against
the Properties or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Properties. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser
against and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation reasonable
paralegal and altorney fees and expenses whether in court, out of court, in bankruptcy
or administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of Owner's representation
under Section 6. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance
instruments in the Pubric Records of Collier County, Flodda. The cost of a title
commitment shall be paid by the Purchaser. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes, and
recording costs for any curative instruments shall be borne and paid by Owner. Owner
shall be responsible for paying any costs and/or fees associated with the securing and
recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Easement from the mortgagee(s).
9. This Agreement and the terms and provisions hereof shall be effective
as of the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the padies hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees, whenever
the context so requires or admits.
10. If the Owner holds the Properties in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for
others, Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Properties before the Properties held in such capacity is conveyed to
Purchaser, its successors and assigns. (If lhe corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Flodda
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
11. Conveyance of the Propedfes, or any interest in the Properties, by
Owner is contingent upon no other provisions, conditions, or premises other than those
so stated above; and the wdtten 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.
12. This Agreement is governed and construed in accordance with the
laws of the State of Flodda.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of ~:~) ~.~, _, 19._~.
Dated Project/Acquisition Approved by BCC: ~28/98 16(B)1 Res. No. 98-10~
Dated Project/Condemnation Approved by BCC: 6/22/99 'Res. No. 99-291 8(B)Z
AS TO PURCHASER:
· ' .....: DATEDi._...
· ~ D~/~/IGHT E; BROCK, Clerk
............. ' , Deputy Clerk
Attest as to Chal~n's
sf~n~ture only.
AS TO OWNER:
BOAR O ISS,ONERS
COLL'ER
S.
ness (Signature)
Name , , L.
(Print or Type)
Name: ~";.-~..--.~- ~
(Print or Type)
Smuder-Faust Realty, Inc.
a Flodda col~,~7/z~//
Title:_ ./~7,~j//~.~,,~/
221 Golden Gate Boulevard West
Naples, FL 34120'
PROJECT NO. 63041
. PROJECT PARCEL NO. 347
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East 150 feet of Tract 108,
Golden Gale Estates Unit No. 11, as recorded in Plat Book 4, Page 103
of the Public Records of Collier County, Florida.
SCALE: I I~ ,, 100 fern
O//O f,~ 4:30 I~
Project:
Parcel:
Folio:
Golden Gate Boulevard
347T
37116961 O06
EXHIBIT "6"
TEMPORARY DRIVEWAY RESTORATION EASEM~=NT
(NOT A SURVEY)
The East 30 feet of the West 89 feet of the North 15 feet of Ihe South 80 feet of
Ihe East 150 feet of Tract 108, Golden Gate Estales Unit No, 11, as recorded in
Plat Book 4, Page 103 of the Public Records of Collier County, Florida,