Agenda 06/28/2011 Item #16A 4
6/28/2011 Item 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to an eascment agreement for the purchase of a road right-
of-way, drainage and utility easement (parccl No. 256RDUE) requircd for the cxpansion of Golden Gate
Boulevard from two lanes to four lanes hetwecn Wilson Boulevard and DeSoto Boulevard. (project No.
60040.) Estimated fiscal impact: None.
OBJECTIVE: To amend an easement agreement for the purchase of Parcel 256RDUE required for the
expansion of Golden Gate Boulevard, by extending the time for closing of the transaction up to and including
July 29, 2011.
CONSIDERATIONS: On September 28,2010, County entered into an easement agreement with Mr. and Mrs.
Sotolongo for the purchase of this easement. Paragraph 3 of the agreement obliges Mr. and Mrs. Sotolongo to
provide to County, 'on or before the closing date, an executed document releasing the mortgage lien
encumbering the parcel. Delays were experienced in obtaining the rcquisite release from the mortgagee. The
release has now been received. Paragraph 4 of the agreement provides that closing shall occur within ninety
days of said date, i.e. by no later than December 27, 2010. The attachcd Amendment to Agreement provides for
the extension of this closing deadline up to and including July 29, 20 II. 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 TranspOliation Plan
and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufjjeient and requires a majority vote for Board action.-
JW
RECOMMENDATION: That the Board of County Commissioners of Collier County approve the attaehed
Amendment to Agreement and authorize its Chairman to execute same on behalf of the Board.
Prepared by: Robert Bosch, Right-of-Way Coordinator, Transportation Engineering
Attachments: (I) Amendment to Agreement; (2) Easement Agreemem.
-
Packet Page -362-
6/28/2011 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 road right-of-way, drainage and utility easement (Parcel No. 256RDUE)
required for the expansion of Golden Gate Boulevard from two lanes to four lanes between
Wilson Boulevard and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact: None.
Meeting Date: 6/28/2011
Prepared By
Name: BoschRobert
Title: Right Of Way Coordinator,Transportation Engineering & Construction Management
6/3/2011 10:36:41 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 6/3/2011 10:54:53 AM
Name: TaylorLisa
Title: ManagementlBudget Analyst,Transportation Administr
Date:6/6/20111:03:12PM
Name: PutaansuuGary
Title: Project Manager, Principal, Transportation Engineer
Date: 6/7/2011 3:30:02 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 6/8/2011 10:0 I :03 AM
Name: BetancurNatali
Title: Executive Secretary,Transponation Engineering & Construction Management
Date: 6/1 0/20 II 4:46:04 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Packet Page -363-
6/28/2011 Item 16.A.4.
Date: 6/]4/201] 10:55:36 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 6/16/2011 11: 18: 1 0 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/16/2011 1:48:15 PM
Name: Klatzkow.1eff
Title: County Attorney,
Date: 6/17/20119:33:21 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 6/20/2011 10:42:26 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/2011 10:55:55 AM
Packet Page -364-
6/28/2011 Item 16.A.4.
PROJECT:
PARCEL No:
FOLIO No:
Golden Gate Blvd. Project No. 60040
256RDUE
39382520004
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered into on this
day of , 2011, by and between JOSE E. SOTOLONGO AND EVA R.
SOTOLONGO, husband and wife, whose mailing address is 3680 Gincreek Road,
Goshen, AL 36035 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail
East, clo the Office of the County Attorney, Suite 800, Naples, Florida 34112
(hereinafter referred to as "Purchaser").
WHEREAS, Purchaser and Owner entered into an Easement Agreement on
September 28, 2010 (hereinafter referred to as the "Agreement"): and
WHEREAS, Purchaser and Owner are desirous of amendin9 Paragraph 4 of the
Agreement to extend the time for Closing of the transaction up to and including July 29,
2011.
NOW TH EREFORE. 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 underlininQ: deletions are shown by strikethroughs):
4. Both Owner and County agree that time is of the essence. Therefore,
Closing shall occur bv no later than Julv 29. 2011. within ninety (90) Eiays
from the date of execution of this /'.gmoment by tho County; provided;
hO'llever, that County sRall have tho unilateral rig~efffi-6r-tfHs
1'.9roomontfeMiRg receipt of such instrumeflts, properly e><eeuted, whiffi
e~tP.eF--'remBve--Of---reloase--.any----ai1d,-a+J------.suGt;--tie~~B..es--e-F
q;Jalifications affecting County's enjoyment of tho Easement. Such right to
c)(tend may be Olccrcised by the County Manager or his designoe for an
additional torm not Olcoeeding ninety (90) days without further Ileard acti_
1'.11 additional extensions must be Iloard approved. 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 PURCHASFR
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIeR COLNfY, FLORIDA
Deputy Clerk
BY:
FRED W COYLE, Chairman
i::"':TI'~'Ljn:"'t,t"j r'.'l~-ppm~~..
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6/28/2011 Item 16.A.4.
AS TO OWNER:
DATED .-). J '1- ")1;1
(
Vlr ness (Signature)
J,qVi<2V Sc,!O)CY1{C'
Na/eJPrI,~t.O! T. r-9:)j--.-o
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Witness (Signature) . v
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Name Wnnt or Type)
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JOSE E. SOTOLONGO
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W;tness (Signature)
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~am,\ (P.~nnt ~~."'--
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Wltn~ss (Signature)
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Name (Print or Type)
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EVA R: SOTOLONGO
Ap!)rnvpo ac:: to form 2!1d
legal s.~fficiency:
:.;
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JeFF EO. WRI.. HT
AssiStant County Attorney
SAI'.;1!\I\'THA FISHER WAHR
No'.ary PUblic, .4k;ba1"1i Stale "I UlIT~
My Coml'nls~ior, S~;:li[et; Nt,,_ 19 20;3 I
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Packet Page -366-
6/28/2011 Item 16.A.4.
PROJECT:
PARCEL No:
FOLIO No:
Golden Gate Blvd. Project No 60040
256RDUE
39382520004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referj;8d to as the "Agreement") is
made and entered into on this 3L day of a(/~(/S7 ,2010, by and between
JOSE E. SOTOLONGO AND EVA R. SOTOLON 0, husband and wife, whose mailing
address is 3680 Gincreek Road, Goshen, AL 36035 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3301 Tamiami Trail East, 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
Exhib~ "A", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement"): and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein: and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Easement to County for the sum of:
$9,100.00
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
settiement 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.
3. 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 form (hereinafter referred to as "Closing Documents")
on or before the date of Closing:
(a) Road Right-of-Way, Drainage and Utility Easement;
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6/28/2011 Item 16.A.4.
Page 2
(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 from the date of execution of this Agreement by
the County; provided, however, that County shall have the unilateral right to extend
the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting County's enjoyment of the Easement. Such right to extend
may be exercised by the County Manager or his designee for an additional term
not exceeding ninety (90) days without further Board action. All additional
extensions must be Board approved. At Closing, payment shall be made to
Owner in that amount shown on the Closin9 Statement as "Net Cash to the Seller,"
and Owner shall deliver the Closing Documents to County in a form acceptable to
County.
5. 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,
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and
to perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part
of Owner to be performed pursuant to the provisions of this Agreement.
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6/28/2011 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 disciosed 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 othelWlse 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.
g. 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
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6/28/2011 Item 16.A.4.
Page 4
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.
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 0'( {"8" { J.. "'(0
ATTEST:
DWIGHT ~<~R.O\lK, Clerk
~.<7..
',-",...,.,"1 ,:r::.':::
.,( 4". ,}
".l't ~'t,'j.l\~'
BOARD Of COUNTY COMMISSIONERS
:~LLlER'1:Z~O~
FRED w. COYLE, Chairm
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6/28/2011 Item 16.A.4.
Page 5
AS TO OWNER:
DATED: 'l,-;/-JOf()
I/ftf.4 .b-~
Witness (Signature)
A L/:XI5 Pttf,b;l/f
N~::M~<tl 0
Witness (Signature) 0
!vett S-ola~#00
Name (Print or Type) 0
a~' ,~J-~'Wo
JOSE E. SOTOLONG
~~.
itness (Signature)
J'j4l!le.y 5oTtJIC/'1t9Ci
Name (Print or Type)
~~
EVA R. SOTOLONGO r
"<"-VI it1\ [\ ~01L.(1)o,
ame (Print or ype)
Approved as to form and
legal sufficiency:
~~~
Assistant County Attorney
Last Revised: 7/21/10
Packet Page -371-
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------ 6/28/2011 Item 16.A.4.
:39~OO
GOLDEN GATE BOULEVARD (CR 876)
,
140+0~ ,~,~co
PROPOSED ROADWAY EASEMENT
PARCEL 256 ROUE
7,20C SQ. n
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WEST iSO' OF
TRACT 22
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TRACT 22
GOLDEN GATE ESTATES
UNIT 51
PLAT BOOK PAGE 84
SOTOLONGC
OR .3558/2261
R'DENOUR
OR 236/702
TECM - ROW
FEB 0 1 2010
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SQcJARE FEE'"
C)FrlCIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAiNAGE A~D UTIlITY :cASUlENT (RD:JE)
::XISTING ROADWAY [ASEf.lt.I'.;T DEDI~ATED TO ~H[ PERPETUAL
JSE or THE PJBL'C PER PLAT BOOK 5, PAGE 84
LEGAL DESCRIPTION FOR PARCEL 256 RDUE
SQ. .:-r
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CDL:NTY, FLORIDA, BEING MORE PARTICL:LARLY DC:SC"113~DAS :-OL~OWS
HE SOUH 48 FEET OF THE \J0RTH 93 i:ET OF :HE w~ST ~so F~[l 0;-- SA:D TRACT 22
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NOT A BOUNDARY SURVEY SCA.I..E, I".M'
FOR: CO:"'UER COllNT'r GOVERNMEMT BOARD or COUNT'( COMMISSIONERS
GOLDEN CATE BOULEVARD
SKETCH ok DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 256 RDUE
COLUER COUNTI', FLORIDA
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Packet Page -372-