Agenda 06/12/2012 Item #16A 46/12/2012 Item 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to an easement agreement for the purchase of a drainage
easement (Parcel No. 173DE) which is required for the Naples Manor US41 Ditch portion of the Lely
Area Stormwater Improvement Project (No. 51101).
OBJECTIVE: To amend an easement agreement for the purchase of Parcel 173DE by extending the time for
closing of the transaction up to and including July 12, 2012. This parcel is required for the Naples Manor US-41
Ditch portion of the Lely Area Stormwater Improvement Project (No. 51101).
CONSIDERATIONS: On November 17, 2011, the County entered into an easement agreement with East
Naples Fire Control and Rescue District for the purchase of this easement. Delays occurred, including a change
in chairmanship at the District, which held up the return of the closing documents in time to meet the 90 day
closing timeframe which was specified in Paragraph 4 of the original agreement. The attached Amendment to
Agreement provides for an extension of the closing deadline up to and including July 12, 2012. The remainder
of the agreement remains in full force and effect.
FISCAL IMPACT: There is no additional fiscal impact as a result of the proposed amendment.
GROWTH MANAGEMENT IMPACT: The project is consistent with the Long Range Transportation Plan
and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. A majority vote of
the Board is needed for Board approval. — HFAC
RECOMMENDATION: That the Board of County Commissioners of Collier County approve the attached
Amendment to Agreement and authorize its Chairman to execute same on behalf of the Board.
Prepared by: Rebecca Harding, Property Acquisition Specialist, Transportation Engineering
Attachments: (1) Amendment to Agreement; (2) Easement Agreement.
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6/12/2012 Item 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4.
Item Summary: Recommendation to approve an amendment to an easement agreement
for the purchase of a drainage easement (Parcel No. 173DE) which is required for the Naples
Manor US -41 Ditch portion of the Lely Area Stormwater Improvement Project (No. 51101).
Meeting Date: 6/12/2012
Prepared By
Name: HardingRebecca
Title: Property Acquisition Specialist,Transportation Engineering & Construction Management
4/10/2012 10:11:04 AM
Submitted by
Title: Property Acquisition Specialist,Transportation Engineering & Construction Management
Name: HardingRebecca
4/10/2012 10:11:06 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 5/14/2012 2:48:21 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 5/16/2012 8:05:23 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering& Construction Management
Date: 5/21/2012 9:45:02 AM
Name: BishopMargaret
Title: Project Manager, Senior,Transportation Engineering & Construction Management
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Date: 5/21/2012 10:15:10 AM
Name: ShueGene
Date: 5/21/2012 1:34:44 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 5/22/2012 10:48:52 AM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 5/23/2012 4:54:06 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/30/2012 8:18:53 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2012 11:57:06 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/1/2012 1:26:51 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/6/2012 8:03:58 AM
Name: OchsLeo
Title: County Manager
Date: 6/6/2012 9:15:27 AM
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6/12/2012 Item 16.A.4.
6/12/2012 Item 16.A.4.
PROJECT: LASIP / US -41 Ditch
PARCEL No: 173DE
FOLIO No's: 62040320005 & 62040280006
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered into on this
day of 2012, by and between EAST NAPLES FIRE CONTROL
AND RESCUE DISTRICT, an independent special district of the County and a political
subdivision of the State of Florida, whose mailing address is 4798 Davis Boulevard,
Naples, Florida 34104 (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 and Owner entered into an Easement Agreement on
November 17, 2011 (hereinafter referred to as the "Agreement "); and
WHEREAS, County and Owner are desirous of amending Paragraph 4 of the
Agreement to extend the time for Closing of the transaction up to and including July 12,
2012.
NOW THEREFORE, in consideration of the mutual covenants and obligations
provided within the Agreement and other valuable consideration, Paragraph 4 of the
Agreement is hereby amended as follows (additions to the existing language are shown
by underlining; deletions are shown by stFikethreughs):
4. Both Owner and County agree that time is of the essence. Therefore,
Closing shall occur by no later than July 12. 2012.
enin en+ of the Conemen+ whinheye is the late. This a en+ sha l
At Closing, payment shall be made to Owner in
that amount shown on the Closing Statement as "Net Cash to the Seller,"
and Owner shall deliver the Closing Documents to County in a form
acceptable to County.
Except as expressly provided herein, the Agreement between Purchaser and
Owner remains in full force and effect according to the terms and conditions contained
therein, and said terms and conditions are applicable hereto except as expressly
provided otherwise herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Agreement on the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
Amendment To Agreement
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AS TO OWNER:
DATED: - 7 2U l z
itne (Signature)
Name (Print or Type)
Witness (Signature)
N1 r-6re C. hey
Name (Print or Type)
Approved as to form and
legal sufficiency:
s
Assistant County Attorney
6/12/2012 Item 16.A.4.
EAST NAPLES FIRE CONTROL AND
RESCUE DISTRICT
THOMAS G. CANNCd Chairman
Amendment To Agreement
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6/12/2012 Item 16.A.4.
PROJECT: LASIP — US41 Ditch
PARCEL No(s): 173DE
FOLIO No(s): 62040280006 / 62040320005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (herei�nyafter referred to as the "Agreement ") is
/ '
made and entered into on this ±� day of / bt' �-' ?4t4)k 20 11, by and between
EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an independent special
district of Collier County and a political subdivision of the State of Florida, whose mailing
address is 4798 Davis Boulevard, Naples, Florida 34104, (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 Drainage 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 is the record title holder to all of the fee simple interest in Lot 8,
and the record title holder to 64.67 % of the fee simple interest in Lots 9 and 10, Block
One, Naples Manor Unit One, according to the plat thereof recorded in the public records
of Collier County, Florida, in Plat Book 3, Page 57; 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:
$15,327.00
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 or funds wire transfer, 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,
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.
Prior to Closing, 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. At or prior to Closing,
Owner shall provide County with a copy of any existing prior title insurance policies.
Owner shall cause to be delivered to County the items specified herein and the
following documents and instruments duly executed and acknowledged, in recordable
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6/12/2012 Item 16.A.4.
Page 2
form (hereinafter referred to as "Closing Documents ") on or before the date of
Closing:
(a) Drainage Easement instrument;
(b) Closing Statement;
(c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W -9 Form; and
(e) 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 such properly executed instruments required to
remove or release any and all liens, encumbrances or qualifications affecting
County's enjoyment of the Easement, 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," and Owner shall deliver the
Closing Documents to County in a form acceptable to County.
Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system 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, 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 and yet County is
willing to permit Owner to salvage the 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. 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.
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.
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6/12/2012 Item 16.A.4.
Page 3
(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
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. 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 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 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
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6/12/2012 Item 16.A.4.
Page 4
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.
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.
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: 11 i 2C 11
ATTEST:
DW GI-13`� 8 Clerk ,
I�
p Clerk
MIA, �o�pfl�r�an y
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 1 `�- W• C��'A
FRED W. COYLE, Chairmbd
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6/12/2012 Item 16.A.4.
Page 5
AS TO OWNER: EAST NAPLES FIRE CONTROL AND
RESCUE DISTRICT
DATED:
' sl� A�P-t�
fitness re ignatu ROBERT A. B ER, CHAIRMAN
sVD,�Y ►S
Nam Print or Ty e)
V-
Witness (Signature)
,6 i Aa, ;, L&ons
Name (Print or Type)
Approved as to form and
legal sufficiency:
a , I Jo
Assistant County Attorney
Last Revised: 05/04/2011
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N
W+ E,
S
0 25 50
GRAPHIC SCALE
LOT 7
PARCEL NO.
62040240004
NORTHERLY LINE
OF LOT 8
LOT 8
PARCEL NO.
62040280006
6/12/2012 Item 16.A.4.
EXHW. a
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BLOCK 1
NAPLES MANOR UNIT NO. 11
P.B. 3 PG. 57
% LOTS 9 &10 '
"9 PARCEL NO.
62040320005
i
� ` i �G SG��eG•
Q
WESTERLY
LOT LINE
J`
ol�0 9�
LEGEND 'o
R/W = RIGHT -OF -WAY \t'LS
O.R. = OFFICIAL RECORDS BOOK
PG. = PAGE s
P.B. = PLAT BOOK
A.K.A. = ALSO KNOWN AS
NO. = NUMBER J
S.R. = STATE ROAD
® = DRAINAGE EASEMENT (DE)
SOUTHERLY LINE
OF LOT 10
GF' 1
,y6�1GPeG.
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LEGAL DESCRIPTION
PARCEL 1730E
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
THE WESTERLY 14.00 FEET OF LOTS 8. 9 AND 10, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR UNIT NO.
1, RECORDED IN PLAT BOOK 3, PAGE 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 4882.5 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW
i FEB - 4 2011
-- "' -'- • "-•' —' -- --rc VM NXL) MArrtX Ui# 5301 / DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED
THIS IS NOT A SURVEY.
SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
Joeuolt Il, tOr l 1:11 PM M \tOSt \OtOttO.Ot.OD N.'. 1rm,er 0"M M US— f Ml 0"VA (IASF)NO Skoak MQ L"t Oa OW, PnpweOOkNU�AW
OM erplkuq \1St re Itt \iIJpGOp
PROJECT: LASIP - NAPLES MANOR DITCH
INC.
SKETCH AND LEGAL DESCRIPTION
��T �A
Vbulhiriliai
PARCEL 173DE (DRAINAGE EASEMENT)
CONSULTING Cfvns
Z t T TL 1 Svw7mY8cMappcg
PREPARED FOR: COLLIER COUNTY
6610 Wdow Pwk DrW. Suhe 200
Nsples. Flonas 34109
-
Phone: (239) 597 -0575 FAX: (239) 597-0578
JOB NUMBER
REVISION
I
SECTION
TOWNSHIP
RANGE
SCALE
DATE
DRAWN BY
LB No.: 6852
FILE NAME
990220.02.00
0
29
50S
26E
1" = 5(1'
1 /7q�11
R.A.K.
173DE
SOFA
1 1
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