Backup Documents 02/25/2014 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 b A 17
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 Date
1. County Attorney Office County Attorney Office
2. BCC Office Board of County
N �Commissioners \>1
3. Minutes and Records* Clerk of Court's Office
-242-9(14 (Qr04
*Please scan under Signalization Modification Project No. 60172 in the BMR Real Property Folder.
Thank you.
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 Robert Bosch,ROW oordinator,Tpt.Eng. Phone Number 252-5843
Contact/ Department
Agenda Date Item was February 25,2014 Agenda Item Number 16.A.17
Approved by the BCC
Type of Document A eement tolo'CSC Number of Original One
Attached Documents Attached
PO number or account Do not record
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? No
2. Does the document need to be sent to another agency for additional signatures? If yes, No
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
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 02/25/14(enter date)and all changes
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
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
1: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
1 6 A17
PROJECT: Traffic Signalization#60172
PARCEL No(s): 106TSE
FOLIO No(s): 00274160006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 25t iay of Fehr»ary, 201 4 by and between
TAMIAMI FORD, INC., a Florida corporation, whose mailing address is 1471 Airport-
Pulling Road North, Naples, Florida 34104 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3299 Tamiami Trail East, Go the Office of the County Attorney, Suite 800, Naples,
Florida 34112(hereinafter referred to as"County").
WHEREAS, County requires a perpetual, non-exclusive Traffic Signalization
Easement over, under, upon and across the lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement") for the purpose of construction and maintenance thereon of traffic
signalization mechanisms that include a Painted Single Mast Arm Traffic Signal Assembly
and Traffic Signal Controller Cabinet (hereinafter referred to as "Signalization
Improvements");and
•
WHEREAS, Owner and County agree that the Signalization Improvements will be
located within the Easement in substantial conformance with Exhibit"B",which is attached
hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes,on the terms and conditions set forth herein;and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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.
2. Owner shall convey the Easement to County for the sum of
$4,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement
of any damages resulting to Owner's remaining lands, costs to cure, including but not
limited to the cost to relocate the existing irrigation system and other improvements,
and the cost to cut and cap irrigation lines extending into the Easement, and to
remove all sprinkler valves and related electrical wiring, and all other damages in
connection with conveyance of said Easement to County, including all attorneys'
fees,expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
1bA17•
Page 2
3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County(hereinafter referred to as"Closing Documents"):
(a) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign,Taxpayer Identification and"Gap"Affidavit;
(e) W-9 Form;
(f) Public Disclosure Act Disclosure Affidavit;and
(g) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all Closing Documents, whichever is the later.
This agreement shall remain in full force and effect until Closing shall occur, until and
unless it is terminated for other cause. At Closing, payment shall be made to Owner
in that amount shown on the Closing Statement as"Net Cash to the Seller."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement,the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from County. Owner acknowledges that
County has compensated Owner for the value of the Improvements and yet County
is willing to permit Owner to salvage the Improvements as long as their retrieval is
performed before construction and without interruption or inconvenience to the
County's contractor. All Improvements not removed from the Easement prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so,whichever is the earlier.
7. Owner agrees, represents and warrants the following:
S
16 A 1 7 1
Page 3
(a)Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith,to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b)County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d)Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e)There are no maintenance, construction, advertising, management, leasing,
employment,service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g)County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h)The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the County,that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and
attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
16A-171
Page 4
against the County by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by lien-holders and/or easement-holders in
connection with the execution and delivery of a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the property underlying the
Easement; provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, lien-
holder or other encumbrance-holder for the protection of its security interest, or as
consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes"reasonable processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s)of transfer.
11. 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 parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
12. If the Owner holds the property underlying the Easement 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 288, Florida Statutes, under oath, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to County. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
13. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and County.
14. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
15. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
16j1171
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
T --Fe rpary 75, 2014
�.>ATTEST: 7, BOARD OF OUNTY C MMISSIONERS
•'� IGHT E. - ' �_ , Clerk COLLIER C NTY, •e RIDA
to _ a 't BY' � _
A'est as t- 6l-iris ' I Tom Henning, Cha• rman
AS TO OWNER: TAMIAMI FORD, INC.,a Florida corporation
DATED: (T i —
L� Aa - By: / 't"0 v" pia
itness(Signature) *lobed T.Zellers, Pr,-,
Name Print o a. -) /►
Witness(Signature)
n-/71)4 l7�(i'e
Name(Print or Type)
Approved as to form and legality:
• •
Assistant County Attorney
Last Revised:8/3/2013
0
•
1 6 A 1 7 1
•
SKETCH AND DESCRIPTION EXHIBIT"A"
PI J EL NO. 1 O 6 TS E PAGE_1_OF_1_
LEGAL DESCRIPTION r
BEING A PORTION OF TRACT 44,ACCORDING TO THE UNRECORDED PLAT OF
NAPLES PRODUCTION PARK OF COLLIER COUNTY,FLORIDA AM)BEING MORE ORTHWEST CORNER
PARTICULARLY DESCRIBED AS FOLLOWS: OF TRACT 44 41,1„.
NV-
COMMENCING AT THE SOUTHWEST CORNER OF TRACT 44,SAID CORNER BEING
A POINT ON THE CENTERLINE OF MERCANTILE AVENUE HAVING A 60 FOOT
RIGHT-OF-WAY,ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF rya t'n
AIRPORT PUWNG ROAD.RUN NORTH 00'42'05"WEST,ALONG THE EASTERLY <> GRAPHIC SCALE
RIGHT-OF-WAY LINE OF AIRPORT PULLING ROAD,A DISTANCE OF 35.00 FEET TO
THE NORTHERLY UNE OF AN EASEMENT DESCRIBED IN O.R.BOOK 2688 PG.99
AND ALSO BEING THE POINT OF BEGINNING;THENCE CONTINUE ALONG SAID
EASTERLY RIGHT-OF-WAY LINE NORTH 00'42'05"WEST 18.00 FEET;THENCE ( DI non
LEAVING SAID RIGHT-OF-WAY NORTH 89'21'02°EAST 11.00 FEET;THENCE 1 - 14 it
SOUTH 00'42'05"EAST 18.00 FEET TO A POINT ON THE NORTHERLY LINE OF AN B 1/0 Z 14 Not to Bos3s
EASEMENT DESCRIBED IN O.R.BOOK 2688 PG.99.THENCE SOUTH 89'21'02"
WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 11.00 FEET TO THE POINT THIS I S NOT
OF BEGINNING.
N
CONTAINING 198 SQUARE FEET MORE OR LESS. of
NI A SURVEY
n
44
TAMIAMI FORD INC.
T UNE OF SECTION 38, N8 2"E O.R. 1162 PG.2234
T-49—S, R-25—E. 11.00 11.00
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O• 3 O.R. 2888 PG.99
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SOUTHWEST CORNER
TRACT 44
MERCANTILE AVENUE
60'RIGHT-OF-WAY
I
PREFo BY: `
GENERAL NOTES: .- �` i
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY LINE OF J.ANDERSON,PAM.
AIRPORT PULLING ROAD BEING NORTH 00'42'05"WEST. FLORIDA SURVEYOR$MAPPER LS 5804
ROAD MAINTENANCE COUNTY SURVEYOR
3. BASIS OF BEARING:UNRECORDED PLAT OF NAPLES PRODUCTION i
PARK.PART OF SECTION 36,T-49-S,R-25-E.COWER COUNTY,FLORIDA. COLLIER COUNTY
4. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A Growth Management Division
FLORIDA LICENSED SURVEYOR AND MAPPER. 9
Road Maintenance Department
5.ABSTRACT NOT REVIEWED TECM ROW 2885 Horseshoe Drive South,Naples Florida 34104
p Due: SCALE: Projac Name Phone:239-252-5810 Fax 239-252-5828
6. LEGEND: MAY 2 2013 File No:
P.O.C.=POINT OF COMMENCEMENT 9
P.O.B.=POINT OF BEGINNING 066.28-2013 1'=10' MERCANTILE SAN=5 AIRPORT 12036 A
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1 6 A 1 7
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ORIGINAL PDOCUMENTS ROUTING SLIP la b A 17 OACCOMA Y ALL ORIGINAL E T T( .4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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. MI 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 Date
1. County Attorney Office County Attorney Office
cfe 2111i(
2. BCC Office Board of County i
Commissioners 5/ z\z.-i ,�
3. Minutes and Records* Clerk of Court's Office ,n 7 17!-I(14 fb 04can
*Please scan under Signalization Modification Project No. 60172 in the BMR Real Property Folder.
Thank you.
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 Robert Bosch,ROW oordinator,Tpt.Eng. Phone Number 252-5843
Contact/ Department
Agenda Date Item was February 25,2014 Agenda Item Number 16.A.17
Approved by the BCC
Type of Document Agr ent —\O0-*, 'i" 4-jet Number of Original One
Attached Documents Attached
PO number or account Do not record
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? No
2. Does the document need to be sent to another agency for additional signatures? If yes, No
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
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 02/25/14(enter date)and all changes N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
_ Chairman's signature. this line.
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
1 6 A
PROJECT: Traffic Signalization #60172
PARCEL No(s): 105TSE
FOLIO No(s): 00274080005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 25th day of February , 2014 by and between
ARNOLD INDUSTRIAL PARK, LLC, whose mailing address is 3073 Horseshoe Drive
South, Suite 118, Naples, Florida 34104 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual, non-exclusive Traffic Signalization
Easement over, under, upon and across the lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement") for the purpose of construction and maintenance thereon of traffic
signalization mechanisms that include a Pedestal Mounted Traffic Signal (hereinafter
referred to as "Signalization Improvements"); and
WHEREAS, Owner and County agree that the Signalization Improvements will be
located within the Easement in substantial conformance with Exhibit "B", which is attached
hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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.
2. Owner shall convey the Easement to County for the sum of:
$1,950.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed.
3. County shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
(a) Easement;
9
16A171
Page 2
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form;
(f) Public Disclosure Act Disclosure Affidavit; and
(g) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all Closing Documents, whichever is the later.
This agreement shall remain in full force and effect until Closing shall occur, until and
unless it is terminated for other cause. At Closing, payment shall be made to Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Cq
:4
Page 3
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the County, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and from,
and reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and
attorney 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 County by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by lien-holders and/or easement-holders in
connection with the execution and delivery of a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the property underlying the
Easement; provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, lien-
holder or other encumbrance-holder for the protection of its security interest, or as
consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
9. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
10. 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 parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
16A171
Page 4
11. If the Owner holds the property underlying the Easement 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, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to County. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
12. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and County.
13. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED, Q -2
ATTEST: ° BOARD OF COUN COMMISSIONERS
Da7,V1GHT E.--ROCK, Clerk COLLIER C UN FLORIDA
,¢ fir:-'' •
Atte• aseto Chairman's-
Y
15e•ut erk Tom Henning, Cha man
signature oni}:•
AS TO OWNER: Arnold Industrial Park, LLC
DATED: 8 -a9- 1 I3
4 )(SQ By: ot--3)--1/---.) &-■a
Witn-4s (Sig ture) Donald L. Arnold, Manager
SoNiA SEpi-4CNsonI
Name (Print or Type)
'tness (Signature)
(7 (,l(.Y.4 A-44 s A',✓
Name (Print or Type)
.proved as to form and legality:
A/u .r,1
Assistant 'count 'Attorney
Last Revised:6/3/2013
A(\
164174
SKETCH AND DESCRIPTION EXHIBIT"A"
LEGAL DESCRIPTION 44 PAGE_1_OF_1_
BEING A PORTION OF TRACT 43,ACCORDING TO THE UNRECORDED PLAT OF
NAPLES PRODUCTION PARK OF COLLIER COUNTY,FLORIDA AND BEING MORE TAM IAMI FORD INC. J if
PARTICULARLY DESCRIBED AS FOLLOWS:
O.R. 1162 PG. 2234
N
COMMENCING AT THE NORTHWEST CORNER OF TRACT 43,SAID CORNER BEING
A POINT ON THE CENTERLINE OF MERCANTILE AVENUE HAVING A 60 FOOT
PLAT
RIGHT-OF-WAY,ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF NORM
AIRPORT PULLING ROAD.RUN SOUTH 00'42'05"EAST,ALONG THE EASTERLY GRAPHIC SCALE
RIGHT-OF-WAY LINE OF AIRPORT PULUNG ROAD,A DISTANCE OF 30.00 FEET TO o to is 20
THE SOUTHERLY RIGHT-OF-WAY OF MERCANTILE AVENUE ALSO BEING THE —_I._
POINT OF BEGINNING;THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF
MERCANTILE VENUE NORTH 89'21'02"EAST 10.00 FEET;THENCE LEAVING SAID ( IN FJSSr )
RIGHT-OF-WAY SOUTH 00'42'05"EAST 8.00 FEET;THENCE SOUTH 89°21'02" 1 inch - 10 ft.
WEST 10.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
8 1/2 X 14 Not to Scale
AIRPORT PULLING ROAD.THENCE NORTH 00'42'05"WEST ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 8.00 FEET TO THE POINT OF
BEGINNING. THIS IS NOT
CONTAINING 80 SQUARE FEET MORE OR LESS.
P.O.C. A SURVEY
NORTHWEST CORNER
TRACT 43
MERCANTILE AVENUE
60' RIGHT-OF-WAY
Li
0 0
ST UNE OF SECTION 36, ci IN
T-49—S, R-25—E. N CvuIs�
Page I of
P.O.B.
N89'21'02"E
3 10.00
Lo In
o O O O O N
C•1
o
Z z S89'21'02"W `"
o } (pSTSE
LL
o
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J = 43
a oc
�
o
pa o ARNOLD INDUSTRIAL PARK LLC.
0_ O.R. 4870 PG. 2011
Q
OUTHWEST CORNER
OF TRACT.43 .
PREPARED BY:
GENERAL NOTES: /'
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. -� I %A . C� 1
2. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY LINE OF THOMAS J.ANDERSO$1.P.S.M.
AIRPORT PULLING ROAD BEING NORTH 00°42'05"WEST. FLORIDA SURVEYORA MAPPER LS 58904
ROAD MAINTENANCE COUNTY SURVEYOR
3. BASIS OF BEARING:UNRECORDED PLAT OF NAPLES PRODUCTION
PARK.PART OF SECTION 36,T-49-5,R-25-E.COLUER COUNTY,FLORIDA. COLLIER COUNTY
4. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A Growth Management Division
FLORIDA LICENSED SURVEYOR AND MAPPER. g
Road Maintenance Department
5. ABSTRACT NOT REVIEWED TECM - ROW 2885 Horseshoe Drive South,Naples Florida 34104
`, Phone:239-252-5810 Fax 239-252-5828
6, LEGEND:
P.O.C.=POINT OF COMMENCEMENT MAY 2 9 2013 Dew: SCALE: Project Name: FilcNo:
P.O.B.=POINT OF BEGINNING 05-28-2013 1.= 10' MERCANTILE AND AIRPORT
362925 12036 6
ED
16A171
EXHIBIT._..;.1 ,.,...
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 17
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 Initi,is Date
1. County Attorney Office County Attorney Office
9./XI 14
2. BCC Office Board of County ;2,
vI
Commissioners Z,\z'1\A
3. Minutes and Records* Clerk of Court's Office I29II4 (0"O
*Please scan under Signalization Modification Project No. 60172 in the BMR Real Property Folder.
Thank you.
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 Robert Bosch,ROW Coordinator,Tpt. Eng. Phone Number 252-5843
Contact/ Department
Agenda Date Item was February 25,2014 ✓ Agenda Item Number 16.A.17
Approved by the BCC
Type of Document Agreement Number of Original One
Attached Documents Attached
PO number or account Do not recor
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? No
2. Does the document need to be sent to another agency for additional signatures? If yes, No
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
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 02/25/14(enter date)and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable. Lti
9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the n for
Chairman's signature.
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
16A171
PROJECT: 60172
PARCEL No(s): 107TSE
FOLIO No(s): 26733361003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this R..5141 day of , 201 , by and between ,
SUNNINGDALE LLC, a Florida limited liability Compaq, whose mailing address is 8728
Purslane Drive, Naples, FL 34109, (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County").
WHEREAS, County requires a traffic signal easement over, under, upon and across
the lands described in Exhibit "A", which is attached hereto and made a part of this
Agreement (hereinafter referred to as the "Easement"); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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.
2. Owner shall convey the Easement to County for the sum of:
$3,800.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, and the removal of the large tree at
the sidewalk, shall be full compensation for the Easement conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be
in full and final settlement of any damages resulting to Owner's remaining lands,
costs to cure, including but not limited to the cost to relocate the existing irrigation
system and other improvements, and the cost to cut and cap irrigation lines
extending into the Easement, and to remove all sprinkler valves and related electrical
wiring, and all other damages in connection with conveyance of said Easement to
County, including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
3. Owner shall obtain from the holders of any liens, if any, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon their
recording in the public records of Collier County, Florida. Prior to Closing and as soon
after the execution of this Agreement as is possible, Owner shall provide County with a
copy of any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
(a) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
ioAlIii
Page 2
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) Limited Liability Company Affidavit;
(f) W-9 Form; and
(g) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all Closing Documents, whichever is the later.
This agreement shall remain in full force and effect until Closing shall occur, until and
unless it is terminated for other cause. At Closing, payment shall be made to Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from County. Owner acknowledges that
County has compensated Owner for the value of the Improvements and yet County
is willing to permit Owner to salvage the Improvements as long as their retrieval is
performed before construction and without interruption or inconvenience to the
County's contractor. All Improvements not removed from the Easement prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
�:J
1 6 A 1 7 4
Page 3
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the County, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and
attorney 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 County by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by lien-holders and/or easement-holders in
connection with the execution and delivery of a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the property underlying the
Easement; provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, lien-
holder or other encumbrance-holder for the protection of its security interest, or as
consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
10. The County shall remove the large tree located near the sidewalk at the County sole
cost and expense.
S
16A17a
Page 4
11. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
12. 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 parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
13. If the Owner holds the property underlying the Easement 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, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to County. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
14. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and County.
15. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
16. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED`,C ,. a 2-° 14-
ATTEST; - BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCk Clerk COLLIER C NTY,,' LORIDA
'A • f _ B . o-
111 t; C r•.rk "f 004 N�,l`tK tP i (AAA ' IVY/N
t as ithairmatv's
siana'UY ont/,
C
16A174 4
Page 5
AS TO OWNER: SUNNINGDALE LLC,
a Florida limited liability company
DATED: et,413
By: (AL"'1-8-k1
Witness (Signature) ROGER F. WARREN
lJ Managing Member
7�r r y C - 4e,,rf eek c.,
Name (Print or T
/1Tl 11(thtir,
Witness (Signat r )
Name (Print or Type)
Approved as to form and legality:
itt •
if
1 s"• p3113
Assistant County Attorney
Last Revised:6/3/2013
16A17
EXHIBIT
SKETCH AND DESCRIPTION EXHIBIT"A'
PARCEL No, I07TSE PAGE 1 OF 1
LEGAL DESCRIPTION
BEING A PORTION OF LOT 79 COCONUT RIVER UNIT NO.1,ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , ,
COMMENCING AT THE NORTHEAST CORNER OF LOT 79 COCONUT RIVER UNIT NO.1,ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 3 PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA ALSO PLAT
BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF AIRPORT PULLING ROAD.RUN SOUTH 00°42105"EAST, NORM
ALONG THE WESTERLY RIGHT-OF-WAY UNE OF AIRPORT PULLING ROAD,A DISTANCE OF 46.13 FEET TO THE GRAPHIC SCALE
POINT OF BEGINNING;THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 00'42'05"EAST 22.00 0 io 10 20
FEET;THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 89.17'55•WEST 11.00 FEET;THENCE NORTH 00'42'05"
WEST 22.00 FEET.THENCE NORTH 89'17'55"11.00 FEET TO THE POINT OF BEGINNING.
)
CONTAINING 242 SQUARE FEET MORE OR LESS. ( Dt Tarr
1 inch iti
8 1/2 Y 14 Not to Soak
SOUTHERLY THIS IS NOT
60' RIGHT-OF-WAY
CLIPPER WAY
A SURVEY
WEST LINE OF
SEC110N 3.
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PREPARED BY:
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALSTHEREOF.
2. BEARINGS ARE BASED ON THE WESTERLY RIGHT-OF-WAY LINE OF THOMAS J.ANDERSO ,P.S.M.
AIRPORT PULLING ROAD BEING SOUTH 00'42'05"EAST. FLORIDA SURVEY()I &MAPPER LS 5804
ROAD MAINTENAN COUNTY SURVEYOR
3. BASIS OF BEARING:COCONUT RIVER UNIT NO.1,AS RECORDED IN
PLAT BOOK 3 PAGE 58 COLLIER COUNTY,FLORIDA.
COLLIER COUNTY
4. NOT VAUD WITHOUT THE ORIGINAL RAISED SEAL OF A Growth Management Division
FLORIDA LICENSED SURVEYOR AND MAPPER. 9
Road Maintenance Department
5. ABSTRACT NOT REVIEWED TECM - ROW 2885 Horseshoe Drive South,Naples Florida 34104
Phone:239-252-5810 Fax 239-252-5828
6. LEGEND: MAY 2 9 2013 Date: SCALE: Project Name: File No:
P.O.C.=POINT OF COMMENCEMENT
P.O.B.=POINT OF BEGINNING 05-28-2013 1"=10' CLIPPER WAY AND AIRPORT 12036 C
36-49-25
CA%