Agenda 01/12/2010 Item #16B 4
Agenda Item No. 1664
January 12, 2010
Page 1 of 51
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EXECUTIVE SUMMARY
Recommendation to approve the purchase of two temporary construction easements
(parcel Nos. 139TCEl and 139TCE2) and two drainage, access and maintenance easements
(Parcel Nos. 139DAME and 142DAME) required for the construction of stormwater
improvements known as the Lely Main Canal East-West phase of the Lely Area
Stormwater Improvement Project. (LASIP Project No. 51101.) Estimated fiscal impact:
$102,788.50.
OBJECTIVE: To obtain the approval of the Board of County Commissioners to purchase two
temporary construction and access easements (Parcel Nos. 139TCEI and 139TCE2) and two
perpetual, drainage, access and maintenance easements (Parcel 139DAME and 142DAME)
required for construction of the Lely Main Canal East-West phase of the LASIP project.
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CONSIDERA nONS: The subject property is owned by Royal Palm Country Club of Naples,
Inc., and is improved with a golf course, located off Rattlesnake Hammock Road within the Lely
development. Parcels Nos. 139DAME and 142DAME are to be acquired for $64,700, and the
temporary easements (Parcels Nos. 139TCEI and 139TCE2) are to be acquired for $12,700.
These compensation amounts are at the valuation estimated by our in-house appraiser.
Additionally, the Temporary Construction Easement Agreement provides for compensation of
$1,200 per day, commencing on June 1,2010, for each day construction activity interferes with
the play of golf on the affected fairways. This compensation is estimated to be a maximum of 21
days, or $25,200, subject to weather and operational conditions. It is not anticipated that
construction activity on the subject fairways will extend past June 21,2010, and there is a one
week 'free' period for the week of May 24th through 31'", 2010. We recommend approval of
these agreements because:
1. Construction of this phase of the LASIP project is scheduled to commence in the dry
season of2010. If these parcels are not acquired soon, it is likely that construction would
have to be postponed until the following year. Permits have been in process for many
years, and the completion of the project needs to proceed in a timely and sequential
manner.
2. If the County were forced to take the required easements through condemnation suit, the
total cost to the County may substantially exceed the negotiated amounts in these
agreements, and legal and experts fees would greatly increase the expense to the County.
These agreements were negotiated without incurring legal fees or expenses, and without
the time delay which would be necessitated by condemnation suit.
3. We have undertaken extensive design modifications to both meet the needs and concerns
of this property owner, and also to minimize environmental impacts within the project's
scope.
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Agenda Item No. 1684
January 12, 2010
Page 2 of 51
FISCAL IMPACT: Funds in the amount of $102,788.50 will come from the Stormwater
Capital Fund 325, Project No. 51101. This amount includes the purchase price for the subject
parcels and $188.50, being the approximate cost of recording fees.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient-JEW.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
"..
1. Approve the attached Temporary Construction Easement Agreement and Drainage, Access
and Maintenance Easement Agreement;
2. Accept the conveyance of Parcel Nos. 139TCEI, 139TCE2, 139DAME and 142DAME and
authorize the County Manager or his designee to record same in the public records of Collier
County, Florida;
3. Authorize the payment of all costs and expenses necessary to close these transactions;
4. 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 Temporary
Construction Easement Agrecment and the Drainage, Access and Maintenance Easement
Agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective
will of the Board.
Prepared by: Paul Young, Sf. Property Acquisition Specialist, Transportation Engineering &
Construction Management
Attachments: (I) Temporary Construction Easement Agreement; (2) Drainage, Access and
Maintenance Easement Agreement; (3) Appraisal Report; and (4) Location Map (aerial photo).
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Agenda Item No. 1684
January 12, 2010
Page 3 of 51
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1684
Recommendation to approve the purchase of two temporary construction easements (Parcel
Nos. 139TCE1 and 139TCE2) and two drainage, access and maintenance easements
(Parcel Nos, 139DAME and 142DAME) required for the construction of stormwater
improvements known as the Lely Main Canal East,West phase of the Lely Area Stormwater
Improvement Project. (LASIP Project No. 51101.) Estimated fiscal impact: $102,788,50.
1/12/20109:00:00 AM
Meeting Dale:
Prepared By
Paul Young Property Acquisition Specialist, Senior Date
Transportation Division Transportation Engineering &
Construction Management 12/9/20093:18:47 PM
Approved By
Caroline Soto Management/Budget Analyst Date
Transportation Division Transportation Administration 12/11/200911:31 AM
A pproved By
Gerald Kurtz Project Manager, Principal Date
.., Transportation Division Transportation Road Maintenance 12/11/20093:20 PM
Approved By
John Vliet Director ~ Road Maintenance Date
Transportation Division Transportation Road Maintenance 12/15/200911:11 AM
Approved By
Norm E. Feder, Alep Administrator - Transportation Date
Transportation Division Transportation Administration 12/15/20092:54 PM
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney 12/15/20094:18 PM
Approved By
Kevin Hendricks Manager - Right of Way Date
Transportation Division Transportation Engineering &
Construction Management 12/18/20091:16 PM
Approved By
R. Shane Cox, P .E. Project Manager, Senior Date
Transportation Division Transportation Road Maintenance 12/18/20093:54 PM
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Approved By
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Agenda Item No. 1684
January 12, 2010
Page 4 of 51
Therese Stanley
Manager ~ Operations Support - Trans
Date
Transportation Division
Transportation Administration
12/21/20099:05 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
12/21/200910:09 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/22/2009 1 :46 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12/23/20098:23 AM
Approved By
Susan Usher
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/29/200910:42 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/30/20092:39 PM
Agenda Item No.1 84
January 12, 2 10
Page 5 of 51
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PROJECT: LASIP Main (E,W)
PARCEL No(s): 139TCE 1 & 2
FOLIO No(s): a portion of# 55151720006
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this day of
, 20 , by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC. , a Florida not,for,profit corporation , whose mailing address is 405
Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to
as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter referred to as "Purchaser"),
WHEREAS, the Purchaser requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A" and Exhibit "D" (hereinafter
collectively referred to as "TCE"), which is attached hereto and made a part of this
Agreement, for the purpose of constructing pavement and pathway improvements
within the access and maintenance easement immediately adjacent thereto; and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser
are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT
AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE
AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein: and
WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance
of the TCE.
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 are 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 TCE to Purchaser for the sum of $12,700.00 (said
transaction hereinafter referred to as the "Closing"). Said payment to Owner,
payable by County Warrant, 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 irrigation system, 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 Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
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Agenda Item No. 16B4
January 12, 2010
Page 6 of 51
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the TCE, the execution of such instruments
which will remove, release or subordinate such encumbrances from the TeE upon
their recording in the public records of Collier County, Florida. Owner shall cause
to be delivered to Purchaser 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) Temporary Construction Easement:
(b) Closing Statement;
(c) Grantor's Non,Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W,g 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 Purchaser,
Purchaser's counsel and/or title company,
4, Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (gO) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser 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 Purchaser's enjoyment of the TCE. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner and Purchaser 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.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, 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) Purchaser's acceptance of the TCE shall be deemed to be full
performance and discharge of every agreement and obligation on the part
of Owner to be peliormed pursuant to the provisions of this Agreement,
except as specifically stated to survive closing in this document in sections
6 (h), 7, 8, g and 10, or scheduled to occur after closing in sections 8 and
g.
(c) No party or person other than Purchaser has any right or option to acquire
the TCE 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 TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TeE, without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
Agenda Item No. 1 84
January 12, 2 10
Page 7 0 51
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(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE, except
for membership agreements currently in effect.
(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 TCE or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the TCE which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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
TCE 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 TCE and not to do any act or omit to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by Purchaser.
(h) The property underlying the TCE, 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 TCE except
as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that
the Owner has not received notice and otherwise has no knowledge of: aj
any spill on the property underlying the TCE; b) any existing or
threatened environmental lien against the property underlying the TCE; or
c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances, such as
petroleum products, ,ndustrial wastes, medical or pharmaceutical wastes,
or biological or radioactive contamination on the property underlying the
TCE, This provision shall survive Ciosing and is not deemed satisfied by
conveyance of title.
7, A portion of Purchaser's proposed construction project will include rebuilding and
repositioning a cart path/access road over and upon the 12'h and 13th fairway of the
Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Cart Path Improvements").
Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path
running approximately from Station 41+25 to Station 43+75 , and from Station
52+50 to Station 53+75 of the Plans and Specifications for the LELY EAST,WEST
CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda
#41 g or similar grass that portion of Cart Path Improvements running approximately
from Station 43+75 to Station 52+50 of the above referenced plans. The existing
cart path will be removed from approximately Station 44+20 to Station 49+20 of
said plans, and be leveled and planted with Bermuda grass #41 g, (See attached
Exhibit "D" for Cart Path removal easement area),
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Agenda Item No. 1684
January 12, 2 10
Page 8 of 51
8. Subject to extraordinary weather events, such as a named hurricane impacting the
Collier County area during the month of April or May, 2010, Purchaser shall
schedule all construction activity for the Cart Path Improvements from station 41+25
to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the
applicable fairways from normal golf play during this period of construction, and
direct patrons around the construction site. Commencing on the date of June 1,
2010, and for each day thereafter or portion thereof that construction is underway
on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per
day for each day construction activity prevents usage for playability of golf on these
fairways. Such payment shall be made within thirty (30) days of completion of
construction. Purchaser shall notify Owner upon completion of the Cart Path
Improvements, and Purchaser and Owner shall meet at the property to mutually
inspect and agree upon satisfactory completion.
9. Purchaser shall require the construction contractor to carry at least $1,500,000 in
casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc.
being named in such insurance policy to the extent its interests may appear.
10, Owner desires to access and remove certain trees located within a County
drainage easement, described in Exhibit "E", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Existing Canal Easement");
Owner and Purchaser mutually agree that such trees may be marked, removed
and relocated at Owner's sole expense, provided that any removal and relocation
be completed prior to December 31, 2009, Any trees and planted vegetation
remaining within the Existing Canal Easement after December 31, 2009 shall be
the exclusive property of the Purchaser, without claim of any kind by Owner.
Owner shall indemnify and hold Purchaser harmless from any claim or liability
resulting from Owner's activity in removal of trees and/or planted vegetation from
the Existing Canal Easement
11.0wner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of any of Owner's representations under paragraph 6(h), This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
12. Purchaser shall pay all fees to record any curative instruments required to clear
title, all TCE recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the TCE; 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, In accordance with the
provisions of Section 20101, FlOrida Statutes, concerning payment of
documentary stamp taxes by Purchaser, this Easement is being acquired under
threat of condemnation and no stamp tax liability shall accrue to Owner.
13,The term of the TCE shall be 365 days (one year), which term shall commence
upon the recording of a Temporary Construction Easement in the Public Records
of Collier County, In the event that the construction of the public facilities has not
been completed within the initial term of the TCE, Purchaser reserves the right to
record in the Public Records of Collier County a Notice of Time Extension which
shall extend the term of the TCE for one (1) additional year only. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
Agenda Item No. 16B4
January 12, 2010
Page 9 0151
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14, 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 trustee, and/or assignees I
whenever the context so requires or admits.
15.lf the Owner holds the property underlying the .ICE in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written pubiic disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the property underlying the TCE before the
TeE held in such capacity is conveyed to Purchaser, its successors and assigns.
(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.)
16. Conveyance of the TCE, or any interest in the property underlying the TCE, by the
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
Purchaser.
17, 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.
18. This Agreement is governed and construed in accordance with the Jaws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, Chairman
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Agenda Item No. 16B4
January 12, 2010
Page 10 of, 51
AS TO OWNER:
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William Schmitz, President
.
DATED:
I/h Jo'j
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ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not-for,profit
corporation
on
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Name (Print or Type)
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ee ulj,( i? a,cl.J
\'Vitness (Signature)
&tl//?/./J 7. 7JJc{/";.(/
Name (Print or Type)
Approved as to form and
legal sufficiency:
\\ 7>10 ~
AssistMt County Attorney
Agenda Item NO.1 B4
January 12, 2 10
Page 11 of 51
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PARCEL NO. 139TCE1
TEMPORARY
CONSTRUCTION EASEMENT
DURATION: ONE YEAR FROM
DATE OF CONVEYANCE
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NOT A SURVEY
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COLLIER COUNTY STORM WATER MANAGEMENT
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SKCTCH AND DESCRIPnON or A rr:MPORA~Y
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LfL\" GOLF C':;7ATrS TRACT MAP. P,B, e. PC. 2D,
COLLlE:R COUNTY. rLORIDA
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Agenda Item No. 1684
January 12, 2010
Page 13 of 51
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NOT A SURVEY
$KnCI-! AND DESCRIPTION OF A TE/,IPORARY
CONSTRUCTION EASEM~NT, PART OF TRACT N,
LEL r GOLF ESTA rES mACT /,lAP. P,B. 8. pc. 20.
COLLIER COUNTY. FLORIDA
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PARCEL NO. 139TCE1
DESCRIPTION OF TEMPORARY CONSTRUCTION CASEMENT
ALL THAT PART OF TRACT N, LELY GOLF ESTATeS TRACT MAP AS R[COf?O[O IN PLAT
BOOK 8, PAGE 20, COWfR COUNTY, FLORIDA B[!NG MORE ,D/,RTiCULARL Y OEseR/BCD
AS FOLLOWS;
COMMENCING AT T1--i[ NOr7THEAsr CORNCR OF SAID TRACT No' THENCE SOUTH 89'27'38~
[AST A Of STANCE OF 625 FEU TO THE BASELiNE or THE PROPOSEO D,QAINAGE'
IMPRO',;[MENTS 8E.'NG STATION G8+983J; THENCE SOUTH 00'J9'53" WEST ALONG SAID
BASELINE A DISTANCE OF 151.03 FEET TO THE BEGINNING OF A C:.H?VE CONCAVE
EASTERLY AND HAVING A RADIUS or 2.500.00 FEET BEING STATION 67+41.52: TilENC[
SOUTHERL'r ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03"29'47" AN ARC DISTANCE or :52.56 nTr TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS or- 4500 FEn FiLING STATiON
65+88.95; THENC[ SOUTHWESTERLY ALONG Ti-iE ARC OF SAID CURVE TI-iROUGH A
C[NTRAL ANGLE OF 93"44'32" AN ARC DiSTANCE or 73.62 FEET BriNG STATION
55+15,33; mENCE NORTH 89'25'2J" WEST A DISTANCE OF 1,031.l7 rEET BEING
STATION 54+84,16; T'rl[NC[ LEAVING SAiD BASELINE SOUTH 0[I"34'J7" WEsr A
DISTANCE OF 50.00 FEET TO T.YE SOU Th'rRL Y LINE OF AN [XISTING 100' WIDE
ORAINAGE RiGHT-or-WAY AND THE ,oOINT or 8[GIN,'1ING OF THE EASEMENT i--lER[lN
BEING DESCHIBED, SAID [ASEMENT BEING 22.00 FEET WIDE LYING 11.00 FEET ON EACH
5:0[ OF ~/E: FOLLQVilNG DESCRIBED CENTERLINE;
THENCE SOUTH .14'52'59" weST A OISTANCE OF 92.91 reE< TO T.i1[ BeGINNING OF A
CURVE CONCA VE NOR Th'ERL Y AND HA VING A RADIUS OF 75 00 FEET;
THeNCE weSTeR;, Y ALONG T!-fe ARC OF SAID CURVE Ti--/ROUGH A CENTRAL ANGLE OF
59'00'06" AN ARC DiSTANCE OF 77.2J FEET TO mE BEGI,I.,INING OF A ReVCRSE CUR\/[
CONCAVE :sourHERLY AND HAVING A RA:J!U5 or- C8JO FEET;
THENCE W[STERL Y ~LONG THE ARC OF SAID CURV[ T.'-IROUCH A CENTRAL ANGLE OF
29'1J'59~ '"oN ARC DISTANCE CF J4,85 Fr[T;
frl[NeE SOiJTI-f 74'~9'O7" WEST A DISTAI'-.'CE 0,'- J9.4-2 FEET TO THe BEGINNING OF A
CW?\If CONC,:"VE !'.-ORTHEi?LY ANO HAV;NG A PADIUS OF 1.13.41 F[ET;
T,'i[NCE W[S,a;;L Y ALONG Ti-lE ARC OF 5,:'/0 CuRv'E T.'"iROUGH A C~NTRAL ANGLE OF
26'22'02" AN ARC OISTAt,'C[ OF 66.00 ,TU TO T.:-iE BEGiNNiNG OF A RevERSE CUR'\/[
CONCAVE SOUTHE,R.LY /,NO HAVING A l'::AO,'l..f':.- or 2~O.27 FETT;
THENCE W[STERLY ALONG THE AR'C or SAiD CURVE Tr-{RQUGH A C[,"-.'TRAL MiGLE OF
16'40'18" AN ARC UWTAN~[ OF "827 :;-::,'
..' ~ ;;;J '. 'f__.
Th'CNCE SOUTH 84':0'51" ....esT A DISTANCE OF 3:2.17 FECT TO THe BEGINNING OF A
CURVE CONCAVE SOU7HfRLY AND ,:"'AVING A RADIUS or.5C 00 FEET;
TH[NCE WE'ST[RL Y A'...ONG Tu[ ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
:8'27"22" AN Ar7C CI:;TANCE OF IE 11 fT[T;
THENCE SOUTH 6S:JJ"2/j" ~'!fST A DISTANCE OF 57.72 FEU TO TH[ BEGINNING OF A
CURVE CONCAVE SOUTI-1EASTE:RL Y AND HA VING A RADIUS OF 36,00 FEET;
THENCE SO,FTH\Vf:ST[RL Y A!..ONG THE Ah'C QF SAiD CURVE ThRO'JGH A C[NTRAL ANGLE
OF 11'10'52" AN ARC DISTANCE OF 7,03 ,::[[7;
THENCE SOUTH 54'42'37" WEST A DISTANCE OF 3899 rEET TO Tl--/E BEGINNING OF A
CURVE CONCA V[ NORTh'ERL Y AND I-IA Vil,'G A RADIUS OF 36 00 FEET;
7H[NCE \tESTERL Y A~ONG THE ARC :JF SAID CURVE THRQUCH A CENTRAL ANGLE OF
2:-:'55'12" AN AF:';C D,rSTANCE OF 1629 FEET;
THENCE SOUTH 80'37'49" \-tEST A n,rSTM,'C[ OF 30,17 FEE:! TO P-iE BEGINNING OF A
CURVE CONCAVE NORTHERLY Af,'D HAVING A RADIUS OF 7.').00 rEET;
J.i-U:NCE l"([ST~Ri. Y ALONG TH[ ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
43'31'50" AN AHC DISTANCE OF 56.95 FeET TO THE B~G!~,'NiNG OF A REVERSE CURVE
CONCA'IE :;OUTHWCSn.-,"1LY AND HAVING A ,'lAO/US OF 197.29 FEET,
THENCE NC'PTr-iWCSTERLY AWNG THE 11RC OF 51,10 CURve THRO'../GH A CENTRAL ANGLE
OF 20"50'25" AN ARC DISTANCE OF 71. 76 iEer TO T:..,[' !:JEGiNNING OF A REVERSE
CURVE CO"IC;"'';[ NORT~iEASTFRLY AND HAVING A r~A:JIUS OF J5.00 FEET;
Ti--l[NC[ NU-'?,HW[ST~RL Y AL..ONG mE ARC O~ 5AIO CUh'V[ THROiJGH A CENTRAL ANGLE
OF' 44'SB'J8w AN ARC DiSTANCE OF' 2;;,26 "EfT;
THeNCE NORTH 31'4-2'OCJ~ W.cST A OiSTANCE OF 30,94 FEf, TO THE aC:GINNlNG OF A
CURVE COt.'CA';[ $OUTHIkESTERLY AND h'/'VING A RADIUS OF 10Q,CO FETT;
THENCE NOFOH\1ESTmL Y A:"ONG TH[ ARC Q,F SAID CURVE THROUGH A ceNTRAL ANGLE
OF 17'15'59" I<N ARC D,'STANCE OF 3014 FELT;
Ti--i[NCE: NO;:"'TH 48'5B'O/~ VIEST /, DISTANce or ::5,62 n:TT Te THE BEGINNING OF A
CURVE CONCAVE S()i)7H[R,-Y ANDIIAVII,'G A R~OIUS OF ;00,00 Ff.:::r;
THENCE \'/[;,![,>;;L Y ALQt,G TH[ A'i'C OF SAID CURVE THROUGH A CENTRAL ANGLE OF
41'25'Ot~ A'" ARC DISTAt,,'Cf: OF 72.29 FEU;
THENCE so'..nH 89'.56"53" wtST A DISTANCE CF 136,23 F:.-."[I TO AN INTERSeCTION
WITH THE AF."C OF A NON-TJNG[NT Cu,RVE CONCAVE tvORTHtRL Y AND WHOSE RADIUS
POiNT' B[AP$ NORTH 00'4}'19" 'vi["ST A OISTAI\'CE OF :CO.OO ,LEU;
THENCE. ~"'L"TCRL Y Ac..JI~G THE ARC OF :..~AiD NON- IANGeN T CURVE 7HROUGH A
CENTRAL ANGLE OF 07'~2'2J" 4N ARC DISTANCE OF 12.78 ,cEET;
T,:-/!CN;[ NOR~' 83'3J'00" WEST A DISTANCE OF 100,23 F~ET TO THE BEG,INNING OF A
CURVE CONC;A'I[ SOUTHeASTeRLY AND Ht,V:NG A RADIUS CF J6.0C FEET;
!H[NC[ SOUTHW[STERL Y ALONG ThE ARC OF SAiD ClJ.~VE THROUGH A ceNTRAL ANGLE:
OF 65"2J'22~ AN ARC DISTANCE OF 41.05 ITET;
~-WRn'$ED9f~Il!NC
F~bLLlER COUNTY STORM WATER MANAGEMENT i!E;t IWU
mu:.. ....
SKETCH AND DESCRIPTION QF A TEMPCRARY :::::. ER "
CON:;WlJcnON ['"S['MENT. PART OF TRACT N, :::::: UND~(;E.-. 1-'("
~nY(;OLFCSTATrS mAcr/dAP, PB e PG LO, ...,_""'..._......n".......~""" ""_'_
'--........'-____IL..'.___.."
COlLIER COUNTY, FlOR:DA ...__.--.............,....._........ ,_...._"'. $C~:(:
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NOT A SURVEY
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Agenda Item No. 16B4
January 12, 2 10
Page 140f 51
,
~lf8 P'<(J.]f:CT ~o
7599 2
SI/El:TNQ.
4 or 5
f'TUNO,
ID:?52
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EXHIBIT 'fA 'J
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-
PARCEL NO. 139TCE1
OESCR/pnON OF TEMPORARY CONSTRUCTION EASEMENT
(CONT/NUm)
THENCE SOUTH 31"03'32" WEST A DISTANCE: OF 90.86 FEET TO THE BEGINNING OF A
CURVE CONCAVE: NORTHWESTeRLY AND HAVING A RADIUS OF /10,00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 16'OO'59~ AN ARC DISTANCE OF 30.75 FEn TO THE BEGINNiNG OF A COMPOUND
CURVE CONCAVE NORTH~RL Y AND HAVING A RADIUS OF 25,90 FEU;
THENCE W[STERL Y ALONG THE ARC OF SAID COMPOUND CURVE:, THROUGH A CENTRAL
ANGLE or 45'42'43" FOR AN ARC DISTANCE OF 19.95 FEU TO THE BEGINNING OF A
REVERSE CURVE: CONCAVE SOUTHERLY AND HAViNG A RADIUS OF 161,92 FEE:!;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
18"23'31" AN ARC Q/STANCE OF 51.98 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 36.66 FEET;
THENCE WfSTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
70'13'24" AN ARC DiSTANCE OF 44.9J FEET TO THE BEGINNING OF A REVERSE CUI'?VF:
CONCAV'[ SOUTHWESTERLY AND HAVING A RADIUS OF 491..36 FEET;
THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 15'18'21 ~ AN ARC DISTANCE OF 131.26 FEET;
TH[NCE NORTH 50'4-1'14" WEST A DISTANCE OF 56.43 FEET TO THE SOUTHERL Y LINE
OF AN [XiSTlNG 1 'WlOE DRAINAGE RIGHT-Or-WAY AND THE POINT or TERMINUS OF
Tli[ [ASEI.1[NT H . ~IN OEseR/8rD;
CONTAINING 34, SQUARE FEET DF LAND MORE OR LESS;
SUBJECT TO fA [ ENTS AND RESTRICITONS OF RECORD
GUY P. ADAMS,
NO. 40390
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COLLIER COUNTY STORM WA TE:R MANAGEMENT ::::
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SKErCl-~ AlID DESCRIPTION or II TE:MPORARY ::::: [R .It
COIvISTRucnON EASEMf;llT, F'ART or 7RAC' N, :::::: UNPAGE.-.
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U"LYCOLrESTATES TRACT MAP. 1",$, 8. pr;. 20, '~_''''-''''''''''h,..............,.... _,__
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COLLIER COUNTY. FLORIDA ..._____,..__....... ,..,........, 5CA(~
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NOT A SURVEY
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Agenda Item No.[16B4
January 12,' 2010
,
Page 1~ of 51
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ABBPRO.c.cr'lO-
7599-2
S..a:'HD,
PROJECT: LASIP MAIN (E,W)
PARCEL No(s): 139DAME and 142DAME
FOLIO No(s): a portion of 00432040007 and 55151720006
Agenda Item No. 16B4
EXHIBIT B January 12, 2010
P - Page 160f51
~ ( of ,-
-
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DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this day of
,20 ,by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not,for.profit corporation, whose mailing address is 405 Forest
Hills Blvd., Naples, FI 34113 , (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 "Purchaser").
WHEREAS, Purchaser requires a DRAINAGE.ACCESS, AND MAINTENANCE
EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit
"B" which are attached hereto and made a part of this Agreement (hereinafter referred to
collectively as the "Easement"); and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are
entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel
139TCE, which is attached hereto as Exhibit "C"; and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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 Purchaser for the sum of:
$64,700.00
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, 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 Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes,
'__''__'M..,,;' _"''''''.;,;',',
EXHIBIT "I3,J Agenda Item No. 16B4
pa\Jl!1~ary 12, 2010
p~ 2 of C. Page 17 of 51
-
.-
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easementl 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, Fiorida. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordabie form (hereinafter referred to as "Closing Documents") on or before the
date of Ciosing:
(a) Easement;
(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 reasonabiy determined by Purchaser,
Purchaser's counsei and/or title company.
--
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur at Collier Transportation Services, 2885 S, Horseshoe Drive, Naples, FI
34104 within ninety (90) days from the date of execution of this Agreement by the
Purchaser; provided, however, that Purchaser 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 Purchaser's enjoyment of the Easement At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptabie to Purchaser.
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 Purchaser. 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 Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to saivage 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 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. Owner and Purchaser 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_
-
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7, Owner agrees, represents and warrants the following:
EX " ,,Agenda Item NO.1 84
Hlalr e, p~ary 12, 2 10
p_ 3 Page18051
~ ofb
-
(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) Purchaser's acceptance of the Easement shall 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, except
as specifically stated to survive closing in this document in sections 7 (h) and
8.
(c) No party or person other than Purchaser 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 Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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, except as expressly
permitted in section 5 of this document. 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 Purchaser.
(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 Purchaser; 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 Purchaser,
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, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes, or
biological or radioactive contamination on the property underlying the
,""
13. 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.
EXHIBIT "5 ~
p~ y oft. -
Agenda Item No. 1684
psiWYI"ry 12, 2 10
Page 19 of 51
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 Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabiiities, 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 Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording 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. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, the Easement is being acquired under threat of
condemnation and no stamp tax liability shall accrue to Owner.
10. 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.
11. 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, 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 Purchaser. (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,)
12. 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 Purchaser.
-
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14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
EXHIBIT "f3 II
Page s- of 6
- -
-
Agenda Item No. 16B4
p~~"lary 12, 2010
Page 20 of,51
I
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
AS TO OWNER:
DATED:
ROYAL PALM COUNTRY CLUB OF NAPLES,
INC., a Florida not,for'profit corporation
on
Witness (Signature)
William Schmitz, President
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
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Agenda Item No. 1684
EXHIBIT panuary 12, 2010
Pa e (" of (. Page 21 of 51
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MA TCHLlNE SEE SHEET 2 OF 4
PARCEL NO. 139TCE2
TEMPORARY CONSTRUCTION EASEMENT
DURATION, ONE YEAR FROM
DATE OF CONVEYANCE
TECM,ROW
SEP 23. 2009
r;E1"(!j~l NQTF'~
j, DlIl(I/Slr>>/S A.Rt III FITr AND D(:OOl.QS rHJ:.REOF',
~ P.0.8. _ POINT OF IJtGiIlMfff'i,
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EASTlONt.NAOSJ/>>llAOJ'JS''''ENT-
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COLLIER COUNTY STORM
IlP.L
NOT A
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\'fA TrR MANAGEMENT II: ORAIIN RY. JAIl
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SKETCH AND DESCRIPTiON OF A lTMPORIIR'r' ::::... &It Iio "000
CONSTRUCTiON EASDo/fNT, PART OF TRACT N, ::::.. UNDA.liE.... "010:
LElYGOLF ESTATf:S mACTJ./AP PB 8 PG 20 --.......__........n.~........._ ...,___
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COWER COUNTY. 'LORIDA ...---__,...__n...,. i__"" SCA.Lr, J". '00'
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7599-2
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EXHIBIT ~nda Item No. 16 4
:January 12, 2 10
Page '7 01.-:4- Page 25 of 51
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1l1lL- ..... CHEC/(EPSY.IlFiI-
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COllJER COUNTY. FLORIDA -_________...... 1"_ .U 5CN.CJ ,". WO'" ~CAD 1:1=-501
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NOT A SURVEY
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XHIBITAge~tem No. lqB4
E uary 12, 2 10
Page .-1, of "I Page 26 of 51
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2 P.C.8, . POINT OF 11[r;lNNiNG.
;,P.O.c.-;>omforCCAlMf:I<CE14!JolT.
4, P,o..T. _ Pomtor TFIU/NUS,
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SO... .. DR~J'IAG! U,5F.Uf!-lT.
7, L-B,[. ~ LA/WSC'-Pf BUFlTfl EASHlfNT.
8, T,CT - II:I.IPOItAAYC(;r\lS'll?I)C7lONH~rI.lDlr.
~ B.ARJM'S Mrs.-sea ON JNCFlORIDA SIArr PUI'<E
f.-STZOfoIf, NlOD llJ/nAOJlJSll.lfNr.
NOT A SURVEY
FCJil' u..
COLLieR COUNTY STORM WA TER MANAGEMENT :::
'",
1IlLE: SKtTCk AND DtSCRIPTION 0' A TrMPORARY ::::..
CONS7RUCllON EASOItNr. PART OF ?RACT N. :::::
LaY GOLF fSTAIl"S TRACT MAP, P.B 8. pc. 20. ~-.-:~~"'=~~"";"...:"'....';:::::=
COLLIl:R COUNlY FLOR/DIl ...___......_..,..__..._ __,. SCALf,
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EXHIBIT" A~a Item No. 16B4
~anuary 12, 2 10
Page V\ of-i- Page 27 of 51
PARCEL NO. 139TCE2
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PART OF TRACT N, LELY GOLF ESTATES TRACT MAP AS RECQRDE:D IN PLAT
BOOK B. PAGE 20, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89"27'38"
EAST A DISTANCE OF 6.25 FEET TO THE BASELINE OF THE PROPOSED DRAINAGE
IMPROVEMENTS BEING STATION 68+98.3J: THENCE SOUTH 0019'53" WEST ALONG SAfD
BASELINE A alSTANCE OF 15/.03 FEn TO THE BEGINNING OF A CURVE CONCAV[
EAStERLY AND HAVING A RADIUS OF 2,500,00 FEn BEING STATION 67+41.52; THENCE"
SOUTH[RL Y ALONG THE ARC OF SAID CURVE THRove/--/ A CENTRAL ANGLE OF
03"29'47" AN' ARC DISTANCE OF 152.56 FEET TO THE: BEGINNING OF A REVERSE CURVE:
CONCA\,/[ NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET BEING STATION
65+88.95; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 93'44'32" AN ARC DISTANCE OF 73.62 FEET 8[!NG STA TlON
65+15.33; THENCE NORTh' 89'25'23~ ~ST A DISTANCE OF 1,571.98 FEET BEING
STATION 49+43.35; THENCE lEAVING SAID BASELINE SOUTH 00'34'37" WEST A
DISTANCE OF 207.41 FEET TO THE POINT or BEGINNING OF THE EASEMENT HEREIN
B[!NG DESCR/8ED. SAID EASE:ME:NT BEING 16.00 FEET WIDE LYING 8.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLiNE;
THENCE NORTH 76'28'19~ WEST A DISTANCE OF 22.04 FEET;
THENCE NORTH 73"53'09" W[ST A DISTANCE OF 56.64 FEET ro Tl-/E: BEGINNING OF A
CURl/[ CONCA II[ SOUTHERLY AND HAVING A RADIUS OF 417.17 FEfT;
THENCE ~STERL Y ALONG Tl-IE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
14'17'48~ AN ARC DISTANCE OF 104.09 FEET TO AN INTERSECTION WITH THE ARC OF A
NON- TANGENT CURVE CONCAVE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH
06'27'47~ EAST A DISTANCE OF 934,91 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE: THROUGH A
CENTRAL ANGLE OF 05'57'58~ AN ARC DISTANCE OF 97.35 rEn TO AN INTERSECTION
WITH THE ARC OF A NON- TANGENT CURVE CONCA VE SOUTHERL Y AND WHOSE RADIUS
POINT BEARS SOUTH 13"58'09" WEST A DISTANCE OF 757.90 FEn;
THENCE WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 05'23'OO~ AN ARC DISTANCE OF 71.21 FEn TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND WHOSE RADIUS
POINT BEARS NORTH 07'17'25" EAST A DISTANCE OF 315.25 FEET;
THENCE WESTERt Y ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 12'08'36" AN ARC DISTANCE OF 66.82 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHrRLY AND WrlOSE: RADIUS
POINT BEARS SOUTH 19'30'4J~ WEST A D/ST4NCE OF 226.54 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 16'23'23" AN ARC DISTANCE OF 64.80 FEET;
THENCE SOUTH 89'27'16~ WEST A DISTANCE OF 24,.30 FEET TO THE BEGINNINC OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET;
THENCE SOU THWES TERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 58'23'44" AN ARC DISTANCE OF 50.96 FEET TO THE POINT OF TERMINUS OF THE
EASEMENT HEREIN DESCRIBED;
THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED TO
TERMINATE AT ANOTHER TEMPORARY CONSTRUCTION EASEMENT (T.CE) B[fNG 22.00
FEET WIDE;
CONTAINiNG 7. 18 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO 'ASEMENT$ AND RESTRICITONS OF RECORD
-------------------
L S, NO. 4390
6~4-Qtl"tVI5ED8[~
F(M,
COLLIER COUNTY STORM WA TER MANAGEMENT 55!!
"w
SKHCH AND DESCRIP1lON OF II TE:MPORARY
CONSTRUcnOH EASEMENT; PART OF ffiACT N,
LElY GO/.F ESTATES TRACT MAP, P.S. 8. Pt:. 20,
COWER COUNrt, FLORIDA
NOT A SURVf"Y
IXSJGNWay,
DRAOlNlil': JAN
CHIT.KfOSY.GPA
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Exhibit f '
Agenda Item No. 1664
January 12, 2010
Page 28 of 51
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tf II
EXHIBIT E.:
P~1 of 2-
That portion of Tract 'N" designated as DRAINAGE EASEMENT on Lely Golf Estates
Tract Map as recorded in Plat Book No.8, Page No. 20 of the official records of Collier
County, Florida.
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Agenda Item No. 1(1B4
January 12, 2010
Page 30 otl51
PROJECT: LASIP MAIN (E,W)
PARCEL No(s): 139DAME and 142DAME
FOLIO No(s): a portion of 00432040007 and 55151720006
DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this day of
,20 ,by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not,for,profit corporation, whose mailing address is 405 Forest
Hills Blvd., Naples, FI 34113 , (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 "Purchase~').
WHEREAS, Purchaser requires a DRAINAGE, ACCESS, AND MAINTENANCE
EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit
"B" which are attached hereto and made a part of this Agreement (hereinafter referred to
collectively as the "Easement"); and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are
entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel
139TCE, which is attached hereto as Exhibit "C"; and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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 Purchaser for the sum of:
$64,700.00
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, 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 Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
,------
-
Agenda Item No. 1 84
Pag612Jary 12, 2 10
Page 31 0 51
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 Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser 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) Easement;
(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 Purchaser,
Purchaser's counsel and/or title company.
"""
4. Both Owner and Purchaser agree that time is of the essence, Therefore, Closing
shall occur at Collier Transportation Services, 2885 S. Horseshoe Drive, Naples, FI
34104 within ninety (90) days from the date of execution of this Agreement by the
Purchaser; provided, however, that Purchaser 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 Purchaser's enjoyment of the Easement At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
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 Purchaser. 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 Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser 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 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. Owner and Purchaser 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.
-
'---_....
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--
, ,
Agenda Item No. 1684
p~ary 12, 2 10
-~, ~age 32 of 51
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) Purchaser's acceptance of the Easement shall 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, except
as specifically stated to survive closing in this document in sections 7 (h) and
8,
(c) No party or person other than Purchaser 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 Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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, except as expressly
permitted in section 5 of this document. 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 Purchaser.
(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 Purchaser; 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 Purchaser,
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, such as
petroleum products, industria! wastes, medical or pharmaceutical wastes, or
biological or radioactive contamination on the property underlying the
Agenda Item No. 1684
Pa~erwary 12, 2010
Page 33 of 51
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 Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, iaws, 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 Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear title.
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording 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,hotder 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. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, the Easement is being acquired under threat of
condemnation and no stamp tax liability shall accrue to Owner.
10. 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,
-
11. 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, 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 Purchaser. (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.)
12. Conveyance of the Easement, or any interest in the property underiying 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 Purchaser.
13. 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.
-
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--,_.
Agenda Item No. 16B4
p~ary 12, 2010
~"~ ~age 34 of;51
14. 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 PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
Deputy Clerk
AS TO OWNER:
DATED: f/!j 10'1
, .
ROYAL PALM COUNTRY CLUB OF NAPLES,
INC" a Florida not,for'profit corporation
on
(/IJ1. Ik
Witness (Signature)
/)",JIl-,-,) M. J-/AllLdt.J
Name (Print or Type)
7t.W# t?4t:tf;J
.Witness (Signature)
(,:{J?I1/ J)? In (~A/" I
Name (Print or Type)
t
Approved as to form and
legal sufficiency:
~bAJ~
Assista County Attorney
~
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Agenda Item No. 1664
" Cl. 'j January 12,2010
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PARCEL NO. 139DAME
PERPETUAL, NON-EXCLUSIVE
DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
TEeM-ROW
SEP 23 2009
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ANO MAINTtNANCF (A5DJ.ENT. PART OF rRACT N. :::::: l'NIlAGE.... 'all'.
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SKEIC/1 AND DrsCilJPnet. (fr A DRAINAGE. ACCESS
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Agenda Item NO. 1664
January 12, 2 10
Page 36 of 51
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Agenda Item No. 16/34
\',\ 11 January 12, 2 10
n Page 38 of 51
5
EXHIBIT
Page '-L of
PARCEL NO. 139DAME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE
EASEMENT
ALL THAT PART OF TRACT N, lELY GOLF [STATES TRACT MAP AS RECORDED IN PLAT
BOOK B, PAGE 20, COLLIER COUNTY, FLORIDA enNC MORE PARTlCULARL Y OEseR/8m
AS FOLLO W5;
COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89"27'J8~
[AST A O.rSTANCE OF 6.25 FEn TO THE BASELINE OF THE PIWPQSE:D DRAINAGE
iMPROVEMENTS BEING STA TlON 68+98.33: THENCE SOUTH 0019'.53" WEST ALONG SAID
BASELINE A DISTANCE OF 15J.OJ FEET TO THE BEGINNING OF A CUR'v'f CONCAVE
EASTERLY AND HAVING A RADIUS OF 2.500.00 FEET B[lNG STATION 67+41.52; THENCE
SOUTHERL Y ALaNG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03'29'47" AN ARC DISTANCE OF 152.56 FCET TO THE BEGINNING OF A REV[RSt CURVE:
CONCAV!' NORTHWESTERLY AND HAVING A RADIUS OF 4500 FEET BEING STATION
65+BB.95; THENCE SOUTHW::STERLY ALONG TH[ ARC OF SAiD CURVE THRCUGH A
CE1\'TRAL ANGLE OF 93'44'3r AN ARC DISTANCE OF 73,62 FEET BEING STATION
65+ 15.J3; THENCE: NORTH 89'25'2JH WEST A DISTANCE OF ',031.17 FEn BONG
STATION 54+84.16; Tl-iENCE L[AVlNG SAiD BASELINE SOUTH OO'34'3r W["ST A
DISTANCE OF 50,00 FEET TO TH[ SOUTHERL Y UNE OF AN [XIST/.'lJG roo' 1'.-7QE
DRAINAGE RIGHT-Or-WAY AND THE POINT OF BEGIN,",'ING OF A 12.00 rOOT WiDE
DRAINAGE, ACCESS AND MAINTENANC[ EASEMENT L't'I/','G 6,00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRiBED CENTERLINE;
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THENCE SOUTH 44'52'59" weST A DISTANCE OF 92.91 ,FEU TO T,YE BEGINNING OF A
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THENCE WCSTERL Y ALONG THE ARC OF SAID CURVE THROUGH A C:~N7RAL ANGLE OF
59'OO'06~ AN ARC DiSTANCE OF 77,23 r.-EET TO THE BEGINNING OF A REVERSE CU,~VE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 68..:!0 ,F[ET;
THENCE: W[!:7LRL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
29'IJ'59" AN ARC DISTANCE OF 34.85 rEn;
THENCE SOuTH /';'39'07" ~ST A DISTANCE OF 19.-42 FEn TO THE BEGINNING OF A
CURVE CONCAVE N8RT.'.-!tRn AND HAVING A RAOiUS OF 143.41 FETT;
Th'ENC[ WfSTCRL Y A:..CNG THE ARC OF SAID CURVE THROUGH A C[NTFCAL ANGLE OF
26'22'02H AN ARC [,,'STANCE or 66.CO Fen TO THE EiEGiNrJ;NG OF A REVERSE CURVE:
CONCA\I[ $OiJTHER!..Y AND HAVING A RADIUS OF 200.27 FEET;
TH[!.-/C[ WFST[RL Y ALONG THE ARC or SAID CUR\![ Th'ROUGh' A ceNTRAL ANGLE OF
1C.40'18~ AN ARC DISTAt\'CE OF 58.27 FEfT:
THENCE SOUTH 84'20'51~ WEST A DISTANCE OF J2.47 FEET TO THE BEGINNING OF A
CUR\/[ CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50,00 PEET;
T/-fENC[ W[STt.RL'( ALONG THE ARC OF SAID CURVE THPO:JGH A ceNTRAL ANGLE OF
1E"27'22" AN ARC DISTANce OF 16.1! FEU;
TH[Io..CE SOL.'TH 65'5.3'28~ \\'EST A DISTANCE OF 57.72 FEn TO THE BEGINNING OF A
CUR\/[ CONCAVE SOUTHEASTERLY AND f-iAVlNG A RADIUS OF J6,00 FEET;
THENce SOL.-'THWE:STU?L Y At.ONG THE ARC or SAID CUr?V[ THRCU~H A CENTRAL ANGLE
OF /1'10'':'2'' AN ARC DiSTANCE or 7.0J FC[T;
THEN:E SOUTH 5<:'42'Jr WEST A OISTA""CE OF 38.iJ9 rEET TO THE BEGINNING OF A
CURVE CONCA'''![ NORTHEl?LY AND HAVING A RADIUS OF 36.:J0 FEU;
THENCE WE"STERL Y ALONG THE ARC or SAID CuRVE THROUGH A C!:.NTRAL ANGLE OF
25'55')2~ AN ARC DiSTANCE OF 16.29 reET;
THENC[ SOUTH BO'J,'49h WEST A DISTANCE OF 30.17 FITT TO TN[ B[GWNiNG OF A
CURV[ CONCAVE NORT'rlERL Y AND HAVING A RADIUS or 75.00 tTET;
THENCE WEST[RL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
43'Jl'5(J- AN Ai:<C O.'STANCE OF 56.9B rn:T TO THE BEc;INNI,VG OF A REVERSE: CURVE
CONCAVE SOUTHVl~STER:"'Y AND HAiliNG A RADiUS OF 197.29 F[ET;
THEfo.'CE NOCi;T!-{'.'o'[S--:-U?L Y AWNG TH[ ARC OF SAID CURVE THROUGH A CCNiRAL ANGLe
OF 20'50'25" AN ARC DISTANCE: OF 71 76 ,cEfT TO ,!!-JE BEGINNING OF A REVUiSE
CURVE CONCAVE NOf?hlCAST[R:...Y AND HAViNG A ,9.AQIUS OF 36.00 rEfT;
THeNC[ NORrrlVi[SnRLY f-LONG TH[ ARC or SAID CURVE THROUGH A CENTRAL ANGLE
OF H':.,/j'JaH AN ARC utSTANCE OF 2!3.2E ..FE!;
THENC[ .'.JaRTI-' 31'<:2'08" W::ST A D:STANCE OF 30.94 ,;:"[[T TO hiE BEGINNING OF A
':URVE CONCAVE: SJ'..!T;-mEST~RLr AND HAV,NG A frADIUS OF 10000 FEET:
T.I-.!ENCf ,"iOilThW[STI:RL Y ALONG TH[ ARC OF" 5,t.,:D CUF.'Vf ~HROUC;H A CENTRAL ANGLE
OF 17'15'59" AN Ar"rC DISTAt,'CE or 30.14 FECT;
THENCE ,VORm 48'56'07" WEST A DISTANCf OF 25.62 PEfT TO THE BEGINNING OF A
C'JP.VE CON~;A'/E 5DU1HfRLY AND HAViNG A I?ADIUS OF 100.00 ,!:!:T;
THENCE '.',e,TCRL Y ALONG TI-iE ARC or SAID CUFi'-IE THROUGH A CENTRAL ANGiE OF
4j'25'Ol~ AN ARC DiSTANCE or 72-29 ,"EEr;
THfNC[ SOlim 89'3C5J~ '.',~ST A OISTANCE or 136.23 FEeT TO AN iNTERSEcnON
f'NH Trl[ ARC OF A NON- TANGENT CURVE corvCAVE NORTHfRLY AND 'tIHOSE RAmus
POINT BEARS NOR;H DO"';'2'19n Wi'ST A DiSTANCE OF 100.00 FEU;
THENC[ WEST[RLY ALONG ThE ARC or 5....10 ,II,'ON- JANerN1 CUf?vE: THF.'OUGH A
CENTRAL AIlGLE or 07'19'23~ At,' ARC DISTANCE or 12.78 r!:CT:
THENce NQhTH 83"3J'06" \ViST A O:STANCf 0;; 100.23 rEET 70 THE B::G/NNING OF A
CURVE CONCAVE SQUTH[AST[RLY AND IiAylNG A RADIUS OF 36.00 FEET;
TH[NCf: SOU'HW::STERLY ALONG TH[ ARC CF SAiD CU,RVE: Ti-/ROUGH A ceNTRAL ANGLE
OF 55'23'22" AN ARC DiSTANCE OF 41.09 FEET;
~W~IJEIomN&
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COWER COUNTY STORM WATER MANAGEMENT iH:
mu:., n....
SkUCH "'ND VESCRfPnOf-l OF A DRJVNACf:. AcctSS :::::
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AN /JAINOFIJANCl: EASE/rIENT, i'AFIr OF 1RACT N. ......
LELY GCJtF E5rA7l:S IRACrlrl,l;"', P.B. ,. pr; :'0. " '~. __._.....,... _...
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EX 19IT' ",'::1. '/ January 12, 2qlO
H ~ Page 39 of 51
Page :5:rA;;
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PARCEL NO. 1390AME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT (CONTINUED)
THE"':CE~ SOUTY Jl'OJ'Jr WeST A D/STANce or 90.86 FE.I T TO THE E:J[GINNiNG OF A
CURve: CON':;AV[ NORTHwrSTCRL':' AND HAVING A RADIUS OF 110.00 FEET;
TH[NCE 5JUT.4a'CSTERL Y ALONG THE ARC OF SAID CURVE TNROUGH A CENTRAL ANGLE:
OF 16'00'59" AN ARC DISTANCE OF JO]5 FEET TO THE BEGINNING OF A COMPOuND
CURVE CONCAVE NORTHWEST[RLY AND f-IAVING A RADIUS OF 25.00 FEET;
THENCE S:]UTHW[STERL Y ALONG THE AA'C OF SAiD COMPOUND CURVE, THROUGH A
CENTRAL 4NCL[ OF 04"21'47" FOR AN ARC DISTANCE OF 1.90 FEn TO POINT ~A~ AND
ThE POINT OF TERMiNUS or THE CENTeRUNE H[RDN DESCRIBED. POINT "A" ALSO
BEING TNE POINT OF SEGINNING OF ,oj 10.00 FOOT WIDE DRAINAGE, ACCESS AND
MAINTENANCE CASEMENT LYiNG 5.00 FEET ON EACH SIDE OF THE FOLLOWiNG
OESCRiBfD CEN T[RLiNE;
BEGINNING AT SAle POINT PA";
ThENCE CONT,':,'UING ALONG THE ARC OF THE AFORESAiD CURVE 'rVEST[RL Y THROUGH A
CENTRAL ANGLE. OF 41'20'56~ AN ARC DISTANCE OF 15.04 FEn TO THE EEGlNNING OF
A REVCRSE C'.JRV[ CONCAve SOUTHERLY AND HAVING A RADIUS OF 161.92 FEET:
THENCE WE:5TERL Y ALONG THE ARC OF SAID CUR\![ THROUGH A CENTRAL ANGLE OF
18'2J'31" AN ARC DISTANCE OF 51,98 FEET TO THE BEGINNING or A Rrvcp.sc CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF J6.66 FEET;
THENCE W[ST[RL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
7C'1J'24" AN ARC O,ISTANC[ OF 44,93 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWES'~Ri..'f AND HAVING A RADIUS OF 491.36 FEU;
THE/liCE NORTlIWf$TERL Y ALONG THE ARC OF SAID CURvE !YROUGH A CE!VTF?AL ANGLe
OF /5"18'21" AN A.RC DISTANCE or 137.26 FEET;
rHENC[ NORTH '0'41'14"' YVEST A DISTANCE OF 56.43 FEET TO THE PO/NT OF
7EP.MINUS OF 7' [ASEMENT t'/[REIN DEseR/8m;
CON J A/NiNG 1, . 54 SQUARE Fen OF LAND MORE OR LESS;
SUBJECT TO t fM[NTS AND RfSTRfCITONS OF RECORD
----------
----------------
GUY P. ADAMS,
NO. 4.390
~-o-cgRH'5rn_11i('J
'-';OU)[R COUNTY STORM WATER MANAGEMENT mit.u
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C ," __....._______"..,._......"
OLUE" COUNif', FLORIOA '""___...........,..__....... ,___.." sc.<l-!,
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DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
TEeM-ROW
SEP 18,2009
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COLLIER COUNTY STORM WA TER MANAGEMtNT
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SKCTCH AND orSCRIPnON OF A DAME
PART 01" ROIAL PALM COIJNTFi'( CLUB. Ll1NG IN
SECTION 20. TOWSHIP 50 SOli7l-f, RANcr 25 tAsr
COlLiER COUNTY. FLOI?iOA
R!:"SW5{Pr,13.200i
NOT A SURVE.Y
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EXHIBIT . ',9,:
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Agenda Item No. 1 84
January 12. 2 10
Page 41 of 51
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PARCEL NO, 142DAME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND _
MAINTENANCE EASEMENT
ALL T!-1A T PART OF ROYAL PALM COUNTRY CWB LYING IN n-{[ NORTHEAST
OUARTER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 [AST, COLLIER
COUNTY, FLORIOA BEING MORE PARTICULARLY OtSCRIBEO AS FOLLOWS;
COMMENCJNG A T THE NORTHEAST CORNER OF TRACT ~J, LEL Y GOLF [5TA rES
TRACT IAAP AS RECOROE:D IN PLA T BOOk 8, PAGE. 20; TH[NCE SOUTH
89'27'33" [AST A DISTANCE OF 6.25 FEU TO THE. BASEUNE OF THE
PROPOSED DRAINAGE IMPROVEMeNTS BEING STATION 68+98.3J; THENCE: SOUTH
00.19'53" \\-EST ALONG SAID BASELINE A DISTANCE OF 151,03 FE[T TO THE
BEGINNING OF A CURVE CONCAVE EASTERLY AND HAiliNG A RADIUS OF'
2,500.00 FEn BEING STA TlON 67+41.52:
THENCE SOUTHE.'?l Y ALONG THE ARC OF SAID CURVE THROUGH A ceNTRAL
ANGLE OF 03"29'47" AN ARC DISTANCE OF 152.56 FEU BEING STA TlON
65+88.95,' THENCE LEAVING SAiD BASEUNE NORIH 71'23'33" [AST A
DISTANCE OF 6 76 FEn TO THE EASIERL Y LINE OF AN EXISTiNG 30' DRAINAGE
RIGHT-Or-WAY AND THE POINT or BEGINNING OF n-IE [ASEM[NT HU?EIN
BEING OESCRIBCD;
THENCE SOUTH 02'45'54" WEST ALONG SAID EASTERLY LINE A DISTANCE OF
93.22 FEET TO AN If:TERSECTlON WITH THE ARC OF A NON- TANGENT CURVE
COI~CAV[ NORTNWESTfRLY AND WHOSE RADIUS POINT BEARS NQR7H 20'18'45"
WEST A DiSTANCE OF 70.00 ,'E[T;
TrI[NC[ LEAVING SAID eASTERLY UNE NORTHEASTERLY ALONG THE ARC OF
SAID tJON- 'TANCENT CURVE THF?OUGH A CENTRAL ANGLE OF 69"19'10" AN ARC
OISTA,NC[ OF 84,69 rEET;
THENCE I,IORT/-" 0423'29" WEST A DISTANCE: OF 28_51 FE:n TO THE
SOUTHf(,'LY LINE OF AUGUSTA COURT CW'.'OO/.llNIUM (C.P.B. 20. PC. 31) AND
AN INTERSECTION WiTH THE ARC OF A NON-TANGENT CURVE CONCAVE
NORTI-iERL)' ANO v\':l-iOSE RAD!US POINT 8EARS NORTH or.Ol'55" WEST A
DISTM-;C[ OF 4,000.00 FEU;
THENCE WESTE"RL Y ALONG SAJD SOUTHERLY LiNE AND THi: ARC OF SAID
NON- JANG[NT CURVE THROUGH A CENTRAL ANGLE OF OO'JJ'J2~ AN ARC
DISTANCE OF 39,02, :::Er /0 JHE POINT OF BEGINNING OF Ti-/E EASEMENT
HCRDN DESCRIBW;
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CONTAINING :1.207 S UAf?E FEET OF LAND, MORE OR L[SS;
SUBJECT TO EASEd NT$ AND RESTRICTiONS OF F?ECORD.
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NO. 4390
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COLLiER COUNTY STORM
nIlE..
SK[TCH IlJIO D[SCRIPTiON or A O_AME.
PART or ROYAL PA1.M COUNTRY CtU8. LYING IN
S[CnON 20. TU'NNSHIP :;0 SOUTH. RANG[ 25 EAST
COLLIER COUNTY. nORIDA
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NOT A SURV['(
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PROJECT:
PARCEL No(s):
FOLIO No(s):
LASIP Main (E,W)
139TCE 1 & 2
a portion of# 55151720006
EXHIBIT" "Agenda Item NO.1 84
( January 12, 2 10
Pa~ \ ~ 1 - Page42051
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TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this day of
, 20 , by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC. , a Florida not,for,profit corporation , whose mailing address is 405
Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to
as "Owne('), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter referred to as "Purchaser"),
WHEREAS, the Purchaser requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A" and Exhibit "0" (hereinafter
collectively referred to as "TCF), which is attached hereto and made a part of this
Agreement, for the purpose of constructing pavement and pathway improvements
within the access and maintenance easement immediately adjacent thereto; and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser
are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT
AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE
AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "8" ; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein: and
WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance
of the TCE,
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 are 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 TCE to Purchaser for the sum of $12,700.00 (said
transaction hereinafter referred to as the "Closing"), Said payment to Owner,
payable by County Warrant, 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 Owne(s irrigation system, 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 Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
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1\ II ;
EXHIBl'f.Jeni:@ltem No, 1684
~ry 12, 2010
P8~ L., oI---if2ge 43 o( 51
3, Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
andlor qualifications encumbering the TCE, the execution of such instruments
which will remove, release or subordinate such encumbrances from the TCE upon
their recording in the public records of Collier County, Florida, Owner shall cause
to be delivered to Purchaser 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) Temporary Construction Easement;
(b) Closing Statement:
(c) Grantor's Non,Foreign, Taxpayer Identification and "Gap' Affidavit;
(d) W,g 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 Purchaser,
Purchaser's counsel and/ortitle company,
4, Both Owner and Purchaser 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 Purchaser; provided, however, that Purchaser 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 Purchaser's enjoyment of the TCE. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser,
5, Owner and Purchaser 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.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, to enter into and tD execute this Agreement, to
execute, deliver and perfDrm 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 contempiated hereby,
(b) Purchaser's acceptance of the TCE shall be deemed tD be full
perfDrmance and discharge of every agreement and obligation on the part
Df Owner tD be performed pursuant tD the provisiDns of this Agreement,
except as specifically stated to survive closing in this document in sectiDns
6 (h), 7, 8, 9 and 10, or scheduled to Dccur after closing in sections 8 and
9,
(c) No party or persDn other than Purchaser has any right or option to acquire
the TeE or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in fDrce
and effect, Owner shall not encumber or convey any portiDn of the
property underlying the TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TCE, without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
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(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE, except
for membership agreements currently in effect.
If. 11
EXHIBIT I(genda Item No. 1684
~ 1 January 12, 2Q10
p~ -> d _ Page 44 of 51
I
(I) 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 TCE or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the TCE which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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
TCE 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 TCE and not to do any act or omit to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by Purchaser.
(h) The property underlying the TCE, 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 TCE except
as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlYing the TCE; b) any existing or
threatened environmental lien against the property underlying the TCE; or
c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes,
or biological or radioactive contamination on the property underlying the
TCE, This provision shall survive Closing and is not deemed satisfied by
conveyance of title,
7. A portion of Purchaser's proposed construction project will include rebuilding and
repositioning a cart path/access road over and upon the 1 ih and 13th fairway of the
Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Cart Path Improvements").
Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path
running approximately from Station 41+25 to Station 43+75 , and from Station
52+50 to Station 53+75 of the Plans and Specifications for the LEL Y EAST,WEST
CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda
#419 or similar grass that portion of Cart Path Improvements running approximately
from Station 43+75 to Station 52+50 of the above referenced plans, The existing
cart path will be removed from approximately Station 44+20 to Station 49+20 of
said plans, and be leveled and planted with Bermuda grass #419, (See attached
Exhibit "D" for Cart Path removal easement area),
,
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EXHIBITAg
p~ '1 01
a ~em No. 1684
ary 12, 2010
age 45 01'51
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8, Subject to extraordinary weather events, such as a named hurricane impacting the
Collier County area during the month of April or May, 2010, Purchaser shall
schedule all construction activity for the Cart Path Improvements from station 41 +25
to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the
applicable fairways from normal golf play during this period of construction, and
direct patrons around the construction site, Commencing on the date of June 1,
2010, and for each day thereafter or portion thereof that construction is underway
on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200,00 per
day for each day construction activity prevents usage for playability of golf on these
fairways, Such payment shall be made within thirty (30) days of completion of
construction, Purchaser shall notify Owner upon completion of the Cart Path
Improvements, and Purchaser and Owner shall meet at the property to mutually
inspect and agree upon satisfactory completion,
9, Purchaser shall require the construction contractor to carry at least $1,500,000 in
casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc,
being named in such insurance policy to the extent its interests may appear,
10. Owner desires to access and remove certain trees located within a County
drainage easement, described in Exhibit "E", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Existing Canal Easement");
Owner and Purchaser mutually agree that such trees may be marked, removed
and relocated at Owner's sole expense, provided that any removal and relocation
be completed prior to December 31, 2009. Any trees and planted vegetation
remaining within the Existing Canal Easement after December 31,2009 shall be
the exclusive property of the Purchaser, without claim of any kind by Owner.
Owner shall indemnify and hold Purchaser harmless from any claim or liability
resulting from Owner's activity in removal of trees and/or planted vegetation from
the Existing Canal Easement.
11, Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of any of Owner's representations under paragraph 6(h), This provision
shall survive Closing and is not deemed satisfied by conveyance of title,
12. Purchaser shall pay all fees to record any curative instruments required to clear
title, all TCE recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the TCE; 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, In accordance with the
provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, this Easement is being acquired under
threat of condemnation and no stamp tax liability shall accrue to Owner.
13, The term of the TCE shall be 365 days (one year), which term shall commence
upon the recording of a Temporary Construction Easement in the Public Records
of Collier County, In the event that the construction of the public facilities has not
been completed within the initial term of the TCE, Purchaser reserves the right to
record in the Public Records of Collier County a Notice of Time Extension which
shall extend the term of the TCE for one (1) additional year only. Owner shall be
provided with a copy of the recorded Notice of Time Extension,
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EXHIBrFgeneJaltem No 1I:;B4
:$""~ry 12, 2010
Page cI li/.age 46 oj 51
14, 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 trustee, and/or assignees,
whenever the context so requires or admits,
15,If the Owner holds the property underlying the TCE 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, of the name and address of every
person having a beneficial interest in the property underlying the TCE before the
TCE held in such capacity is conveyed to Purchaser, its successors and assigns.
(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,)
16. Conveyance of the TCE, or any interest in the property underiying the TCE, by the
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
Purchaser.
17.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.
18. 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 PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, Chairman
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AS TO OWNER:
EXHtBtllJa1tem ~No. 1684
~2, 2010
Page C. or~47 of 51
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I'Jri .
,1-
William Schmitz, Presiden
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DATED: J/ /s /t!"i
'I I
ROYAL PALM COUNTRY CLUB OF
NAPLES, INC" a Florida not,for.profit
corporation
on
Witness (Signature)
lJtJNA"t..:J )YI, l-JA.ilMw
Name (Print or Type)
;zf ~ t?~-J
Witness (Signature)
Ce/14J./J 7. 7lE{f'#~/
Name (Print or Type)
Approved as to form and
legal sufficiency:
-.
Assistant County Attorney
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EXHIBITS
Agenda Item No, 1684
baIlllary 12, 2910
EXHIBIT cDHoe 480151
;')age I of....:L
(PLEASE REFER TO ORIGINAL DOCUMENT)
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Agenda Item No, 1684
January 12, 2010
Page 49 of 51
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Valuation Memorandum
To:
Paul Young, Senior Property Acquisition Specialist
From:
Harry Henderson, SRA, Review Appraiser
TE/CM, Right of Way
Date:
December 9, 2009
Subject:
Underlying Land Values, Royal Palm CC 139DAME/TCEs and
142DAME
As per your request I have analyzed land value unit/prices relating to the land interests
Collier County seeks to acquire over portions of the Royal Palm CC. The real property
interests being valued are as follows:
1. Parcel 139DAME (18,354sf Drainage Access and Maintenance Easement)
2, Parcel 139 TCEs (42,276sf Temporary Construction Easement, 1 yr term)
3, Parcel 142DAME (3,207sf Drainage Access and Maintenance Easement)
Partial takes and TCEs are typically valued on a unit/price factor based upon the
underlying land value of the parent tract. In this case, the parent tract is the 188+ acre
Royal Palm CC lands. These lands have a current zoning of GC-Golf Course but a likely
Highest and Best Use (if vacant) of multi-dwelling residential which is consistent with
surrounding land uses and normalized market trends.
Given currently weak market conditions, there have been a paucity of such sales over
the past 3 years. The following market expressions (closed sales and active listings) are
the best available with respect to overall comparability with the subject tract:
1. Palm Springs Blvd, Naples, FL 34104.
Sale Price: $3,450,000 Sale Date: 6/08 Size: 10,75 acres
Reflects: $320,930/acre or $7.37/sf
This is an approved RPUD located just north of Radio Road.
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Collier County Transportation/ROW Department
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Agenda Item No, 1684
January 12, 2010
2. S/S Golden Gate Parkway, Naples, FL 34105 Page 50 of 51
Asking Price: $985,000 Size: 5.15 acres
Reflects: 191 ,262/acre or $4.39/sf
This is an active listing of Estates zoned land proximate to conditional use/quasi-
commercial properties, Located near the GGP 1-75 interchange.
3. 4710 ih Avenue SW, Naples, FL 34119
Asking Price: $2,200,000 Size: 9.11 acres
Reflects: $241 ,492/acre or $5.54/sf
Located along the Golden Gate canal in close-in section of GGE. Property is
poised for subdivision and Estates-type single-family development.
Based upon the above market expressions (inclusive of negotiation margins applicable
to the asking prices on the active listings) a unit/price of $3.00/sf is judged to be
reasonable when valuing the subject lands. The DAME easement interest represents an
approximately 85% encumbrance to the property. Therefore, the combined 21,561 sf
DAME areas would be valued as follows:
21,561 sf x $3/sf x .85 = $55,000 (rounded).
Similarly, the TCE interest for a 1 year term is valued at a 10% factor relative to the
underlying land value:
42,276 sf x $3/sf x 10% = $12,680 (rounded)
Collier County Transportation/ROW Department
Agenda Item No, 1684
January 12, 2010
Page 51 of 51
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ROYAL PALM COUNTRY CLUB OF NAPLES, INC.
CANAL IMPROVEMENT WORK ALONG 1ih and 13th FAIRWAYS
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