Backup Documents 10/13/2015 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST&ROUTING S ILIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOj Q A,.5
THE BOARD OF COUNTY COMNIISSIONERS 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 Mee
at the time the item is placed on the agenda. All completed routing slips and original documents mast be received In the County Attorney Office no biter
than Monday preceding the Board meeting.
MIONIMUNIWIP
Complete routing lines 01 through 02 as appropriate for addaiond signatures,diem,and/or hdormatim needed. If the document is already campiele with the
exception of the Chairmen's signature,draw a tiros through routing tines 01 through 112,complete the checklist,aid fix ward to the Attorney Office.
Route to Addressee(s)(List in roudng order) Office Initials Date
3. County Attorney Office County Attorney Office 13 IS `
1D' 0
4. BCC Office Board of County
` r
Commissioners ketVA\�S
5. Minutes and Records Clerk of Court's Office
elAIN (OW(e5 (1:14Gt A
PRIMARY CONTACT INFORMATION
Normally the primary contact is the paean who asetedlpsepmed the Executive Summary. Primary contact information is needed in the event cue of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Michelle L Sweet Phone Number 2524027
Contact/ Department TECM-ROW
Agenda Date Item was Agenda Item Number
Approved by the BCC /ON ii.( l /1 I S
�
ent F t iktt�m./m..�,1'; -co.? Arm Number of Origi
"ik, t nal ,3
'raw L10+aSt“ Documents Attached
PO number or account
number if documeent is Ilifi1t
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? ,c,�� O�
2. Does the document need to be sent to another agency for additional signatuttes? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal suffnciency. (All documments 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 sttdce thin ough and revisions have been initialed by the County Attorney's JA
Offnce 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
docu men 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 cues(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 doctmnents are time sensitive and require forwarding to Tallahassee within a certain n"
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on Ii4y)af( )and all changes made
during the meeting have been incorporated in the attached document. The County M+)
Attorney's Of'fice has reviewed the changes,if applicable. _
9. Initials of attorney verifying that the attached document is the version approved byj•
BCC,all changes directed by the BCC have been made,and the document is ready
Chairman's signature.
16A13
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, October 15, 2015 8:52 AM
To: Sweet, Michelle
Subject: Item #16A13 (10-13-15 BCC Meeting)
Attachments: Parcel 122RDUE Easement Agmt.pdf; Parcel 122RDUE (TDRE).pdf; Parcel 122RDUE
(TCE).pdf
HI agaivt Michelle,
Copies of the documents under Itevvt #16A13, approved by the T3oard
this past Tuesday, are attached for you.
Easement agreements to purchase a Road ROW, Drainage and Utility Easement (Parcel 122RDUE),
Temporary Construction Easement (Parcel 122TCE) and a Temporary Driveway Restoration
Easement (Parcel 122TDRE) required to replace a bridge on White Boulevard (Project #66066)
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment T3oard
Collier County Board Minutes & Records Dept
1
16A13 3,7
PROJECT: 66066 Bridge Repairs—White & Cypress
PARCEL No(s): 122RDUE
FOLIO No(s): 37340920004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 134 day of Oe , 2015, by and between
MICHAEL K. SCOFIELD AND LYNNA G. SCOFIELD, husband and wife, whose
mailing address is 3161 White Boulevard, Naples, FL 34117 (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 Road Right-of-Way,
Drainage and Utility 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. RECITALS -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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of:
$5,450.00
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, shall be full compensation for the
Easement conveyed, including (if applicable) 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 (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
1 6 A 1 3
Page 2
said Easement to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - 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; and
(f) 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. TIME IS OF THE ESSENCE - 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. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner
agrees to relocate any existing irrigation system located on the Easement including
irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) 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 (if any), Owner is responsible for their retrieval prior to
1 6 A 1 3
Page 3
the construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to
permit Owner to salvage said 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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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
1 6 A 1 3
Page 4
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. INDEMNIFICATION - 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. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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
16A1. 3
age 5
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." In accordance with
the provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by County, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless the Easement is
acquired under threat of condemnation.
10. PRIOR YEAR AD VALOREM TAXES - 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.
11. EFFECTIVE DATE - 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. PUBLIC DISCLOSURE - 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.)
13. ENTIRE AGREEMENT - 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. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will
have breached this Agreement and the other party may provide written notice of
said breach to the party in breach, whereupon the party in breach shall have 15
days from the date of said notice to remedy said breach. If the party in breach
shall have failed to remedy said breach, the other party may, at its option,
terminate this Agreement by giving written notice of termination to the party in
breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
16A23
Page
15. SEVERABILITY - 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. VENUE - 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: Nbsld
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Cterk COLLIER COUNTY, FLORIDA
bT3-LUA3'` iriosai::giC)4 • BY: / ei,U GQ,._Attest a _'= 'clerk TIM NANCE, Chairman
AS TO WNER: . ..
DATED. ti'/A2-Ze/5
lac r)alag-kirk9
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it ess (Signature) MICHAEL K. SCOFI D
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Name (Print or Type)
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ess (Signature) LY NA G. SCOFIELD
( .l t E,.. 1tf Sn .4 TL( .
Name (Print or Type)
Item# \(O n 3
Approved as to form and legality:
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PROJECT: 66066 Bridge Repairs—White & Cypress
1 6 A 1 3
PARCEL No(s): 122RDUE
FOLIO No(s): 37340920004
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this /3* _ day of
ai .,, , 2015, by and between MICHAEL K. SCOFIELD AND LYNNA G.
SCOFIELD, husband and wife, whose mailing address is 3161 White Boulevard,
Naples, FL 34117 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, the County requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A" (hereinafter referred to as
"TCE"), which is attached hereto and made a part of this Agreement, for the purpose of
constructing roadway, sidewalk, drainage and utility facilities within the public right-of-
way immediately adjacent thereto; subject to the restrictions contained herein; and
WHEREAS, the Owner desires to convey the TCE to the County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the County has agreed to compensate the Owner for conveyance
of the TCE.
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. RECITALS - 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. PURCHASE PRICE - Owner shall convey the TCE to County for the sum of:
$1,700.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 8
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 (if applicable) all landscaping,
1s'
1 6 A 1 3
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 (if applicable), 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. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the
holders of any liens, exceptions and/or qualifications encumbering the TCE, the
execution of such instruments which will remove, release or subordinate such
encumbrances from the TCE 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) Temporary Construction 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; and
(f) 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. TIME IS OF THE ESSENCE - 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. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such
16A13
requirement is made known to them or they are requested to do so, whichever is
the earlier.
6. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and
warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, 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 TCE 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 TCE 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 TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TCE, 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 TCE.
(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 TCE or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the TCE 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
TCE 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 TCE and not to do any act or omit to
" 'Yl
1 6 A 1 3
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by County.
(h) The property underlying the TCE, 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 TCE 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 TCE 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 TCE; b) any existing or threatened environmental
lien against the property underlying the TCE; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the property underlying the
ICE. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. INDEMNIFICATION - 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 6(h). This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
1. CURRATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay
all fees to record any curative instruments required to clear title, and all TCE
recording fees. In addition, County may elect to pay reasonable processing fees
required by mortgagees 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 TCE; 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." In accordance with the provisions of
Section 201.01, Florida Statutes, concerning payment of documentary stamp
taxes by County, Owner shall further pay all documentary stamp taxes required on
the instrument(s) of transfer, unless the Easement is acquired under threat of
condemnation.
16A1 '
8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance
of Grantee's official Notice to Proceed to its roadway contractor for the
construction of the Bridge Repair — White Boulevard and Cypress Canal Project
66066, and shall automatically terminate 1,095 days therefrom.
9. EFFECTIVE DATE - 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 trustee, and/or
assignees, whenever the context so requires or admits.
10. PUBLIC DISCLOSURE - If the Owner holds the property underlying the TCE 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 TCE before the TCE held in such
capacity is conveyed to County, its successors and assigns. (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.)
11. ENTIRE AGREEMENT - Conveyance of the TCE, or any interest in the property
underlying the TCE, by the 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.
12. SEVERABILITY - 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.
13. VENUE - 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.
16A13
AS TO COUNTY:
DATED: )0113)01
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Di: U-ttt i E,_° ( . BY: /
D tClerk TIM NANCE, Chairman
Attest as toirmren's
signature only.
AS TO OW ER:
DATED: It "/ 05
4414,L4tvg 14A/i(je,
Witness (Signature) MICHAEL K. SCOFIE
hiculesk j , eat ic'han,k
Name (Print or Type)
►.�.LUA .
ness )nature Si LYNNA G. SCOFI LD
( g
--� �--�£- c�cvf •
Name (Print or Type)
Approved as to form and legality:
ei,„-s1094,;„,
Eyy, ty . p_epxy,
Assistant County Attorney
Last Revised: 12/10/2014
16A13
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1 6 A 1 3
PROJECT: 66066 Bridge Repairs —White & Cypress
PARCEL No(s): 122RDUE
FOLIO No(s): 37340920004
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREFMENT
(hereinafter referred to as the "Agreement") is made and entered into on this 134' day
of Oda," , 2015, by MICHAEL K. SCOFIELD AND LYNNA G. SCOFIELD,
husband and wife, whose mailing address is 3161 White Boulevard, Naples, FL 34117
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida (hereinafter referred to as "County"), whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon
and across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TDRE to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from
a smooth transition between Owner's existing driveway and the new roadway, and
desires to convey the TDRE to the County for the stated purposes, on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of these premises set forth above, 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. RECITALS - 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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum
of:
$300.00
16A13 1 3
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, shall be full compensation for the
Easement conveyed, including (if applicable) 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 (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related
electrical wiring (if any), 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. DOCUMENT DELIVERY - Owner shall deliver the properly executed TDRE
instrument to County within 30 days of the date of this Agreement.
4. RECORDING FEES - The County shall pay for all costs of recording the
TDRE instrument in the Public Records of Collier County, Florida.
5. EFFECTIVE DATE - 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.
6. TERM OF EASEMENT - The term of this TDRE shall commence upon the
issuance of Grantee's official Notice to Proceed to its roadway contractor for the
construction of Bridge Repairs — White Boulevard and Cypress Canal — Project 66066,
and shall automatically terminate 1,095 days therefrom.
7. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will have
breached this Agreement and the other party may provide written notice of said breach
to the party in breach, whereupon the party in breach shall have 15 days from the date
of said notice to remedy said breach. If the party in breach shall have failed to remedy
said breach, the other party may, at its option, terminate this Agreement by giving
written notice of termination to the party in breach and shall have the right to seek and
enforce all rights and remedies available at law or in equity, including the right to seek
specific performance of this Agreement.
8. ENTIRE AGREEMENT - Conveyance of the Property by Owner 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
16A13
covenants not contained herein. This Agreement may only be amended in writing by the
parties hereto.
9. VENUE - 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; /0/a/if
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER®TY, FLORIDA
. % i. •. I 0,C" r . BY: l riilasrce._
est as to 6a1 ,t 'ty Clerk TIM NANCE, Chairman
A roAER:
DATED: /1942-,Z/5- r
Ayil
, ni/i
hitiat4 e- Suatif,
Witness (Signature) MICR EL K. SCOFIEL
/alp
Name Print or Type) r
Witness (Signature) L NNA G. S • I LD
_.) ,( cw..4 ' . +,,
Name (Print or Type)
Approved as to form and legality:
.J f . '
Smili 4 'Rep
Assistant County Attorney
1
16A13
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