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Backup Documents 10/28/2014 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING II TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Te 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 rQ4 /eLf 2. BCC Office Board of County 'T{j Commissioners /e'/ 3. Minutes and Records* 'Clerk of Court's Office -TM l4 IN fig V3 *Please scan under Golden Gate Blvd. Proj. No. 60040 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,R W Coordinator,Tpt.Eng. Phone Number 252-5843 Contact/ Department Agenda Date Item was 10/28/2014 Agenda Item Number 16.A.11 Approved by the BCC Type of Document Easement Agreement Number of Original 1 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. Vjg 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 5.S. document or the final negotiated contract date whichever is applicable. b y (G' 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 10/28/2014(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. 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 6A 11 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, October 31, 2014 4:30 PM To: Bosch, Robert Subject: Parcel 268RDUE Easement Agreement (10-28-14 Item #16A11) Attachments: Parcel 268RDUE.pdf Hi Robert, A copy of the Parcel 268RDUE Easement Agreement, approved this past Tuesday for Golden Gate Boulevard Project #60040, is attached for your records. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 6A .1 1 PROJECT: Golden Gate Blvd. #60040 PARCEL No: 268RDUE FOLIO No: 39386640003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2014, by and between LUIS LEBRON AND YOLANDA LEBRON, husband and wife, whose mailing address is 1860 Golden Gate Boulevard East, Naples, FL 34120-3607 (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. 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: $11,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). County also agrees to pay the sum of $1,933.00 to Roetzel & Andress, do Attorney Kenneth A. Jones for legal fees and all other costs. Said aggregate payment of $12,933.00 (representing Owner's proceeds, attorney fees and all other costs) shall be paid at closing by County Warrant or funds wire transfer to Roetzel & Andress, do Attorney Kenneth A. Jones, 2320 First Street, Suite 1000, Fort Myers, Florida 33901-2904, and 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 (if any), and the cost to cut and cap irrigation lines (if any) extending into 1 6A 1 1 Page 2 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. 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 (prepared by County) properly executed, witnessed and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required removing, releasing or subordinating 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. 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. (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), 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 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 1 6A 11 Page 3 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, 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 is no maintenance, construction, advertising, management, leasing. employment, service or other contract 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 {.'moi tt, 1 6A 4ge 4 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) To the best of Owner's knowledge, 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. 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. l6Alj 1 Page 5 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 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ,-2* 01,014 ATTEST: BOARD OF C6UNTY ' iMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COTY, 7rORIDA titA ( ' �� Attest t . t� *�I 1t Clerk TOM HENNING, Chairman signature only, 16A1 1 Page 6 AS TO OWNER: DATED: 9---//—/*‘ -----7 - / 1 Witness(Signature) LUI LEBRO 1 Name (Print or Type Witness (Signature) Name (Print or Type) ' Witness (Signature) Y NDA LE-BRION 4,e gra? 61/4///q Name (Print or Type) Witness (Signatu e) May, ►5 9-1/— Name (Print or Type) Approved as to form and legality: Scoff' A. 6{iione, /.VA Assistant County Attorney CA EXHIBIT "A" 1 6 A I 1 5 GOLDEN GATE BOULEVARD (CR 876) 49t0C, . , • —I I' f _ • . . 1—PROPOSED ROADWAY EASEMENT PARCEL 268 RDUE TRACT 59 TRACT 60 TRACT 61 GOLDEN GATE ESTATES UNIT 51 PLAT BOOK 5 PAGE 84 4 TEcm ROW FEB 0 iZOlO DESCRIPTION FOR PARCEL268 ROUE • .• , . • 40 BO160 SKETCH & DESCRIPTION ONLY .11.11111111 .111111.— Koala.KCJ5,114.0.(1)15*AXAMt NOT A BOUNDARY SURVEY SCALE l'.110' SCra.0 DOE NOT v4., *,.40,'NE 00,01,4%.5.0.4, NNSE0 En.00551.0 StAl. --C•R COUN'Y GOVERNM} acA41) Cr COUNTY COMMISSIONERS •,04.0.4 WQMial0 NO.( GOLDEN GATE BOULEVARD / TA SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENTNSTULTIH OrAlipiredms AL TA. JL Simms&Minns PARCEL 268 RDUE 9 W.A. r• 20CI %We.Fords ica‘i COLLIER COUNTY. FLORIDA one r2/91 597 r..75 J,439)597 C579 le NO 61,5i • - • (3.