Agenda 09/13/2016 R Item #16A 3 16.A.3
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way,
Drainage and Utility Easement (Parcel 317RDUE) required for the expansion of Golden Gate
Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated
Fiscal Impact: $5,400.)
OBJECTIVE: To purchase an easement needed for the four-laning of Golden Gate Boulevard from 20th
Street East to east of Everglades Boulevard(Project).
CONSIDERATIONS: Collier County is seeking to purchase a 3,300 square foot, more or less,
perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement ("Parcel 317RDUE").
Parcel 317RDUE is "vacant" land and part of a 2.58 acre parent tract owned by Frater Holdings, LLC, a
Florida Limited Liability Company("Property Owner"). The unimproved property is located on the north
side of Golden Gate Boulevard,between 22nd Street Northeast and Everglades Boulevard.
The accompanying Appraisal dated January, 2016, by R. Alan Wilcox, MAI, SRA, of Wilcox Appraisal
Services, Inc. estimated the current market value of Parcel 317RDUE to be $1,600. However, this
appraisal has a limited relationship to the overall cost of the subject parcel should the relationship
between the Property Owner and Collier County become adversarial and additional fees for court costs,
attorneys, appraisers and other experts be incurred.
The attached easement agreement reflects the "global settlement" amount for Parcel 317RDUE of$5,250
($4,300 for the easement plus an additional $950 in attorney fees and costs).
Accordingly, staff is recommending that the Board of County Commissioners (Board) approve the
accompanying agreement for the purchase of Parcel 317RDUE.
FISCAL IMPACT: Funds in the amount of$5,400 ($4,300 purchase price for Parcel 317RDUE, $950
attorney fees and approximately $150 recording fees) are available in the Golden Gate Boulevard
Transportation Capital Improvement Project No. 60145. The primary funding source for the acquisition
of right-of-way is impact fees. Should impact fees not be sufficient within a particular project, the
secondary funding source will be gas taxes.
Incremental maintenance costs for Golden Gate Boulevard from 20th Street East to east of Everglades
Boulevard are estimated at $3,000 per year for mowing and garbage removal. The cost to maintain storm
water management infrastructure will be approximately $5,000 on a three to five year basis. New
roadway construction has a maintenance curve of approximately five to seven years before any
incremental costs are required for repairs.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION:
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09/13/2016
To approve the accompanying Easement Agreement and authorize the Board's Chairman to execute
same on behalf of the Board;
To accept the conveyance of Parcel No. 317RDUE and authorize the County Manager, or his
designee,to record the conveyance instrument in the public records of Collier County,Florida;
To authorize the payment of all costs and expenses that Collier County is required to pay under the
terms of the Easement Agreement to close the transaction;
To authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the agreement;and
To authorize any and all budget amendments required to carry out the collective will of the Board.
Prepared by: Deborah Fan-is, Senior Property Acquisition Specialist, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. Easement Agreement (PDF)
2.PROPERTY LOCATION MAP(DOCX)
3. [Linked] Appraisal Report(317RDUE) (PDF)
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09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Item Summary: Recommendation to approve an easement agreement for the purchase of a Road
Right-of-Way, Drainage and Utility Easement (Parcel 317RDUE) required for the expansion of Golden
Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated
Fiscal Impact: $5,400.)
Meeting Date: 09/13/2016
Prepared by:
Title: Property Acquisition Specialist, Senior—Transportation Engineering
Name: Deborah Farris
07/25/2016 3:31 PM
Submitted by:
Title: Division Director-Transportation Eng—Transportation Engineering
Name: Jay Ahmad
07/25/2016 3:31 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Level 1 Sim.Reviewer 1-8 Completed 07/25/2016 3:41 PM
Transportation Engineering Gary Putaansuu Level 1 Sim.Reviewer 1-8 Completed 07/25/2016 4:06 PM
Transportation Engineering Jay Ahmad Level 1 Sim.Reviewer 1-8 Completed 07/26/2016 7:23 AM
Growth Management Department Gene Shue Level 1 Sim.Reviewer 1-8 Completed 07/26/2016 9:24 AM
Transportation Engineering Kevin Hendricks Level 1 Sim.Reviewer 1-8 Completed 07/26/2016 9:48 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 07/26/2016 4:21 PM
Road Maintenance Travis Gossard Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 7:12 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/08/2016 9:57 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/10/2016 8:09 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/10/2016 10:50 AM
Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 08/11/2016 9:54 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/15/2016 4:54 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 10:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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PROJECT: Golden Gate Blvd#60145
PARCEL No(s): 317RDUE
FOLIO No(s): Portion of 40622560108
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2016, by and between
FRATER HOLDINGS, LLC, a Florida limited liability company, whose mailing address is
2375 Tamiami Trail North, Suite 210, Naples, Florida 34103 (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 w
referred to as the"Easement"); and 0
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WHEREAS,
WHEREAS, Owner desires to convey the Easement to County for the stated M
purposes, on the terms and conditions set forth herein; and to
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WHEREAS, County has agreed to compensate Owner for conveyance of the cm
Easement. .
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NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars Co
($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: E
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1. RECITALS - All of the above RECITALS are true and correct and are hereby ami
expressly incorporated herein by reference as if set forth fully below, and all Exhibits ,
referenced herein are made a part of this Agreement. Q
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2. PURCHASE PRICE-Owner shall convey the Easement to County for the sum of: a)
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$4,300 w
(Four Thousand Three Hundred Dollars)
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subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of co
this Agreement (said transaction hereinafter referred to as the "Closing"). County E
also agrees to pay the sum of SQ50 to Roetzel p.Andress. c/o attorney Kenneth A. R
Jones for legal fees and all other costs. Said aggregate payment of $5,250 t
(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 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 - 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
fir
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1 6.A.3.a
Page 2
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 w
consummate this transaction,as reasonably determined by County,County's p
counsel and/or title company. 0
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4.
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 ofet
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 ca
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 € re
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 a)
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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 a)
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 a�
the irrigation system prior to construction of the project. E
a)
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 C
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 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 ander �°
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16.A.3.a
Page 3
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, Cu
employment, service or other contract affecting the Easement.
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(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or ,n
requirements, formal or informal, existing or pending or threatened which Nt'
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 co
effective date of this Agreement. ( tO
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(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 d
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from its existing state on the effective date of this Agreement up to and co"
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.
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(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 a)
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), provided, however, Owner's duties,
obligations and liabilities under this Paragraph 8 shall be limited to the total sum of
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16.A.3.a
Page 4
$4,300. 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 shall 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. 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. 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. M
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 m
the benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or cv
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assignees,whenever the context so requires or admits. C°
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 w
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 ctcn
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 ca
from the provisions of Chapter 286, Florida Statutes.) w
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 - 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. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk DONNA FIALA, Chairman
AS TO OWNER: / FRATER HOLDINGS, LLC
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Approved as to form and legality: q
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TRACT 36 ,) TRACT 37 TRACT 54 1'
GOLDEN GATE ESTATES I m
UNIT 76
PLAT BOOK 5 PAGE 13
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PROPOSED ROADWAY EASEMENT E
PARCEL 317 RDUE 0)
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PVI PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) �+
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/ t EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 13
LEGAL DESCRIPTION FOR PARCEL 317 RDUE
A PORTION OF TRACT 37, GOLDEN GATE ESTATES, UNIT 76 AS RECORDED IN PLAT BOOK 5, PAGE 13 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST AND SECTION 6,
TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 165'FEET OF SAID TRACT 37,
CONTAINING 3,300 SQUARE FEET, MORE OR LESS.
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FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A v1,20i2A REU51EkE2 141Ori55N).4. os'o O AND wn0E0
GOLDEN GATE BOULEVARD T?«TAIN
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SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT ,CONSULTING i V5Emigfc McpiNg
PARCEL 317 ROUE Gala Mew MO,Drive.SO.200
Naples.Fiends 31109
COLLIER COUNTY, FLORIDA Phone:(239)5970575 FAX:(239)597-0570
LB N2,:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.00 0007 1/6 49 27/28 1" = 80' FEB. 2003 S.R. UN76 SK317 1 OF I
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(Not to scale)
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