Resolution 2017-066 RESOLUTION NO. 2017- 66
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
THOSE PERPETUAL EASEMENT INTERESTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF EVERGLADES BOULEVARD TO EAST OF THE FAKA UNION CANAL.
(PROJECT NO. 60145.)
WHEREAS,the expansion of Golden Gate Boulevard from east of Everglades Boulevard
to east of the Faka Union Canal (hereinafter referred to as"the Project"), as part of the Golden
Gate Boulevard Project(Project No. 60145), is included in Collier County's Five Year
Transportation Work Program; and
WHEREAS,plans and specifications have been prepared for construction of the Project;
and
WHEREAS, construction of the Project will require the acquisition of perpetual easement
interests; and
WHEREAS, the acquisition of the easements and the construction of the Project within
the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is necessary in
order to protect the health, safety and welfare of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
1. The Board has determined that the expansion of Golden Gate Boulevard from east of
Everglades Boulevard to east of the Faka Union Canal as part of the Golden Gate Boulevard
Project (Project No. 60145), is necessary and in the public's best interest in order to protect the
health, safety and welfare of the citizens of Collier County.
2. The acquisition of the various easement interests required for the construction of the
Project is an integral part of the County's long range planning effort, and is included in the
Capital Improvement Element of the Collier County Growth Management Plan, as approved by
the Florida Department of Economic Opportunity.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of road right-of-way, drainage and utility easements and a right-of-way and boat
ramp easement to enable construction of the Project within the project boundaries identified in
Exhibit "A" (attached hereto and by reference made a part hereof), and the County Manager or
his designee is hereby authorized and directed to acquire said easements by either gift or
purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners for the easements required to construct the Project, which offers shall be based
upon estimates of the market value of the subject real estate which have been developed by
licensed state-certified general real estate appraisers.
5. In view of the differences of opinions between real estate appraisers regarding market
value and full compensation to property owners, and in view of the cost of condemnation, the
Board hereby authorizes the County Manager or his designee to approve purchases of easements
where the property owner has agreed to sell to the County at, or up to twenty five percent (25%)
above the County's full compensation estimate, with the maximum approval authority not to
exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby
authorizes the approval and execution of Closing Statements related to said transactions by the
County Manager or his designee. Any and all purchases in excess of one hundred and twenty-
five percent (125%) of the appraiser's full compensation estimate, or in excess of$50,000 above
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the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall
require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, upon the approval of the Office of the County Attorney as to form and legality, to
execute easement agreements and subordinations of utility interests incorporating agreements for
reimbursement for additional facilities relocation, in substantially the same form as that Sample
Real Property Conveyance Agreement and that Sample Subordination of Utility Interests and
Agreement for Reimbursement for Additional Facilities Relocation, attached hereto as Exhibits
"B" and "C" respectively and made a part hereof, and/or other documents approved by the Office
of the County Attorney to close real estate transactions, where the property owner has agreed to
sell to the County at appraised value, or within the parameters stipulated in Paragraph 5 (above).
7. Said authority is delegated by the Board to the extent that such delegation does not
conflict with the provisions of Section 125.355, Florida Statutes.
8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make
wire transfers, payable to the property owner(s) of record, to title companies and attorneys
closing real estate transactions, and to others who may possess an equitable interest in the subject
easement parcels in those amounts as shall be specified on a Closing Statement.
9. All title to easement parcels which has been acquired in the manner described above shall
be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier
County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby
authorized to record in the Public Records of Collier County, Florida, conveyance instruments
such as easements, as well as any other instruments that may be required to remove, release or
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subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive
notice of the County's interest in real property.
This Resolution, adopted on this Z-S- day of\'\ \N , 2017, after motion,
second and majority vote.
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ATTEST: BOARD 0 CO TY COMMISSIONERS
DWIGHT E. BROOK, CLERK OF COL I . ' ►,UNTY, FLORI O
6� ' ' OeS)*-3A4v°1 By: /4 *.i
r , t as to Chairman's P NNY TA , CHA VAN
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Approved as to form and legality:
C
Jennifer A. Bel&..io
Assistant County Attorney '22 \\�
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EXHIBIT "B"
SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this day of , 20 , by and between OWNER
NAME, whose mailing address is , (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 FEE SIMPLE INTEREST IN - or - AN EASEMENT
FOR A PARTICULAR PURPOSE) 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 "Property"); and
WHEREAS, Owner desires to convey the Property 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
Property.
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 Property to County for the sum of:
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9
of this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Property 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 Property, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
said Property to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
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3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the
holders of any liens, exceptions and/or qualifications encumbering the Property,
the execution of such instruments which will remove, release or subordinate such
encumbrances from the Property 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) (NAME / TITLE OF CONVEYANCE INSTRUMENT)
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Property;
(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 Property 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 Property, 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 all
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improvements located within the Improvements 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 Property 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 Property, 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 Property 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 Property 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 Property or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Property, 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 Property.
(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 Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
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Property 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
Property 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 Property and not to do any act or omit
to perform any act which would adversely affect the physical condition of
the property underlying the Property or its intended use by County.
(h) The property underlying the Property, 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
Property 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 Property 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 Property; b) any
existing or threatened environmental lien against the property underlying
the Property; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the property underlying the Property. 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 Property
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 Property;
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
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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 Property 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 Property 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 Property before the Property 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 Property, or any interest in the
property underlying the Property, 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.
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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:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk , Chairman
AS TO OWNER:
DATED :
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
EXHIBIT "C"
SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT
FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT,entered into this day of ,20 by and between COLLIER COUNTY,
a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY
PROVIDER] (hereinafter referred to as"Utility").
WITNESETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for
[SPECIFY PURPOSE];and
WHEREAS, the proposed use of these lands for [SPECIFY PURPOSE] will require subordination of the
interest claimed in such lands by Utility to the County;and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the
public right-of-way to prevent conflict between the County's use and the Utility's use, and for the benefit of each,
and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any
future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on
Exhibit"A",attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,Utility
and the County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A"
attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of
constructing, improving, maintaining and operating a road over,through, upon, and/or across such lands, based on
the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK,PAGE
The County and the Utility further agree that:
1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which
includes the Utility's easements identified above and additional lands for public right-of-way, as described
in Exhibit"A",attached hereto and made a part hereof.
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and
relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance
with the County's current minimum standards for such facilities as of the date of this agreement. Any new
construction or relocation of facilities within the public right-of-way will be subject to prior approval by
the County.
S
3. The County shall pay for the relocation of existing facilities. In addition,the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located
presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or
adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including,
but not limited to,the cost of acquiring replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined
in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or
interfere with such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss
or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to,
upgrade or remove its facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and
Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk COLLIER COUNTY,FLORIDA
BY:
,Deputy Clerk ,CHAIRMAN
Signed, sealed and delivered [NAME OF UTILITY PROVIDER]
in the presence of:
By: By:
Title:
Print Name: Print Name:
By:
Print Name: (Corporate Seal)
STATE OF
COUNTY OF
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared ,to me known and personally known to me to be the person described
in, and did not take an oath and who executed the foregoing instrument as the of
and acknowledged before me that he executed the same as such official in the
name and on behalf of said Corporation.
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Utility Subordination Agreement 1
Ci
WITNESS my hand and official seal in the County and State aforesaid this_day of ,20_.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
Approved as to form and legality:
Assistant County Attorney
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Utility Subordination Agreement