Backup Documents 09/13/2016 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 6
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 hi 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
3. County Attorney Office County Attorney Office ( Cl I X4)16
4. BCC Office Board of County --t)F
Commissioners \4 `Aky\`cn
5. Minutes and Records Clerk of Court's Office IG
Executed COPY only returned to: Karen Dancsec/GMD-ROW
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 Karen Dancsec Phone Number 239-252-5805
Contact/ Department
Agenda Date Item was 09/13/2016 Agenda Item Number
Approved by the BCC
Type of Document Easement Agreement Number of Original
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whi t s - Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature S ~ p f XD
2. Does the document need to be sent to another agency for a.ditional signs es? If yes, N/A
provide the Contact Information(Name;Agency;Address; '' •e)on an attached et.
3. Original document has been signed/initialed for legal sufficiency. 7 cloemt en is to be
XD
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
XD
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
XD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 9/13/2016 and all changes made '
during the meeting have been incorporated in the attached document. The County KD n
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.
Please scan under BMR Real Property—60145 Golden Gate Blv t —Parcel 40. ' i UE
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
16A6
Martha S. Vergara
From: Martha S.Vergara
Sent: Thursday, September 15, 2016 3:02 PM
To: KarenDancsec@colliergov.net
Subject: Easement Agreement - Parcel 403RDUE
Attachments: Parcel 403 RDU E.pdf
Hi Karen,
Attached for your records is a scanned copy of the easement agreement.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
1 6 A 6
PROJECT: 60145- Golden Gate Blvd
PARCEL(s): 403RDUE
FOLIO(s): 40682320003 and 40682280004
EASEMENT AGREEMENT
THIS EASEMENT AGREEME T (hereinafter referred to as the "Agreement") is
made and entered into on this 2...`t day of LAAAV-- , 2016, by and between
JUAN I. BUSTAMANTE AND MARIA BUSTAMANTE, husband and wife, whose
mailing address is 5609 Parkaire Drive, Metairie, LA 70003-2319 (hereinafter referred
to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,
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, 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:
$7,500.00
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 attorney's statutory fees of $1,683. Said aggregate
payment of $9,183.00 (representing Owner's proceeds, attorney's fees and all
other costs) shall be paid at closing by County Warrant or funds wire transfer to
"Rasco Klock Perez Nieto, P.L. Trust Account" and 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
Page 2 1 6 A 6
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. 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) Road Right of Way, Drainage, and Utility 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
•
Page 3 16 A h
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
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.
4,
16A6
Page 4
(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. 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 .
�ctC�
1646
Page 5
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." 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.
Page 6 16 A 6
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.
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 'ern be+- LS 26 I (O
ATTEST BOA OF COUNTY COMMISSIONERS
DWIGHT-E. BROCK, Clerk-' COLI R COUNT , FLORIDA
BY. 111#249
Atte-134O .1 e! Depu lekk ONNA FIALA, CHAIRMAN
y
signature T'O�OWNER: -(�I 0\1(11
DATED: 0/2 VA.
(
Witness (Signature) Juan I. Bustamante
Nam (Print or Type)
Wit ss (Signature)
•
/a-,..e/e) Ce //t¢i
Name (Print or Type) f
AND
Cr��
P 16A6
age 7
..07411
Witness (Sign.ture) Mia Bust mante
/fd/7 /777 7
Name (Print or Type)
Witn ss (Signature)
(a do MM//4)91
Name (Print or Type)
Approved as to form and legality:
•
11
( i- yi P
As tant County Attorney
Last Revised 06/23/15
•
EXHIBIT
Page I of 1
0.,4 )2.,,2/2512 2.11.5
LNC !-J
TRACT 27 TRACT 28 TRACT 45
GOLDEN GATE ESTATES
UNIT 77
PIAT BOOR S PAGE 15
PROPOSED ROADWAY EASEMENT,
PARCEL 403 ROUE
/
740+0')
GOLDEN GATE BOULEVARD (CR 876)
,:NI IAN,F
:07 FF,',7:-.;1,7
Li' F.V 4!i'`A 0000
10 2!.!-T!I" cc'
,48.; 4tv
-4 14111729,A,' 0 0 0i.)"
N7.79.31; 160 00
28561, 20 07
7 ,wy• 015W 'JOIN'
, ozr r:A! POI{OS (BOCE/ Afr.I.
PP0ITr)30D IMADWAY, ::,PAINACE ANO C1y 7O VENt nyDi.21)
NOAUWAY AtltSe4 NI OrANCA'111)
01 If Pup t:V.,B14 N0,1;4
LEGAL DESCRIPTION FOR PARCEL 403 ROUE
A P1)$?riON FJ ACT 28, GBIDLN GA-Tr 'WAIF 1:Ni. 1 I AS 'FFI li 1 .% 1-LAt ,-401.3( 01- PUN,
COR:l'iPO4 Lr-Nr. CF;Fil'Ors.; FS, CM. CC 40 S'CC ' RANGE 78 4 I C,i
HF INT; TAT THE .'AR3CULAPT
NCNC. A WOT`FEST i.;::.WiL72or cc
,11177rr C70'27.1'44-A7 4NC HF wFST LIN!, Or 0000 77 r h.; A PC
01- !HU 'WO rW\k.:1 Ni 400 :0t POINT OF BEGINNING Ni IT TT''tt ;F: •'-‘k
, ALONG SAlti SYLS` ;.;;‘) t .
, r0FiICCN r
; 10 t.10 '+7 T.
1!;PZer ,7i49".31 'Fr' 7‘).-2.0 fF u ; I NI F..: SAID !OL
:lir;7.3"f_07"1 PC:,;74;
--0001 ;".,11'31;15-* ..1,7 ) N.4.0H 7 , 04 i3 Fitt - 14 POINT OF BEGINNING
PARrfl
t ON
,
SKETCH & DESCRIPTION ONLY 1111111•1%....11111•111.1.....
NOT A BOUNDARY SURVEY
Yirif
out ,,,:;(}NY - • .A1 it 't t•
GOLDEN GATE HOULE:YARD
EKX1dir!:.7-""4..Zm.
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EANEITENT 104,41.0LaN ?rit&news
PARCEL 403 RDI ?
iJvren,5t, eV
COLLIER ITEM Y. FLORIDA
3% ,,Ne
7IN , •.41,1'4 ; 4ML
CAO; ; '