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Agenda 03/09/2010 Item #16B 1 Agenda Item No. 1681 March 9, 2010 Page 1 of 25 .-'-, EXECUTIVE SUMMARY Recommendation to approve an Easement Agreement, a Temporary Construction Easement Agreement, and a Subordination of Easement Interest and Agreement for Facility Relocation for a utility easement which is required for the Gateway Triangle Stormwater Improvement Project. Project No. 51803 (Fiscal Impact: $19,525.00). OBJECTIVE: To obtain the Board of County Commissioners' approval of an Agreement that conveys a utility easement; an Agreement which conveys a Temporary Construction Easement; and a Subordination of Easement Interest and Agreement for Facility Relocation to the County which are required for the Gateway Triangle Stormwater Improvement Project (Project No. 51803). CONSIDERATIONS: Collier County is seeking to obtain a utility easement over, under, upon and aeross 1,173 square feet of a property currently owned by Liberty Bank, together with a temporary construction easement with a total area of 2,350 square feet required to facilitate the construction in the aforesaid utility easement. The 4.74 acre parent parcel located at 2027 Davis Boulevard is more than fifty percent (50%) unimproved. The balance of the property is being utilized for boat storage and includes a paved parking lot and storage building. The area needed for the subject utility easement encompasses a strip of land approximately 15 feet deep by 78 feet long on the southeast comer of the lot. ~ The easement(s) is necessary for the placement of pipes as part of the Gateway Triangle Stormwater Improvement Project. The award of the contract to Stevens & Layton, Inc to accomplish Phase 2 construction of the Project was approved by the BCC on December 15, 2009. In addition, the City of Naples currently has an easement on the area Collier County is seeking for the subject utility easement. The City of Naples has agreed to subordinate its easement to the easement of Collier County and has executed a Subordination of Easement Interest and Agreement for Facility Relocation. Said Subordination also requires the approval of the Collier County Board of Commissioners. The utility easement has an appraised valuc of $13,200 with the temporary construction easement's appraised value being $3,525 in accordance with the attached appraisal prepared by Collier County Appraiser, Harry Henderson. After numerous communications and an in-person meeting with the President and othcr representatives of Liberty Bank, Liberty Bank has agreed to convey the requested easements. Staff negotiated a purchase pJice of $15,000 for the utility easement and $3,525 for the temporary construction easement. - FISCAL IMPACT: The fiscal impact is in the amount of $19,525.00 which includes the $18,525.00 negotiated purchase price(s) and title insurance and recording fees not to exceed $1,000. A Budget Amendment in the amount of $19,595.70 is necessary to transfer funds from completed projects in the Stonnwater Capital Fund 325 to add sufficient funds to the Gateway ......_.,,~,,~.~...~~......~...~ -,- w_...._.. Agenda Item No. 1681 March 9, 2010 Page 2 of 25 Triangle Improvements Project in order to have the full $19,525.00 for Project No. 51803. The source of funds is ad valorem taxes. GROWTH MANAGEMENT IMPACT: TIlis project is consistent with the drainage sub- element of the Collier County Growth Management Plan, LEGAL CONSIDERATION: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - JBW RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Easement Agreement and authorize the Chairman to execute same on behalf of the Board; 2. Approve the attached Temporary Construction Easement Al,'feement and authorize the Chairman to execute same on behalfofthe Board; 3. Approve the attached Subordination of Easement Interest and Agreement for Facility Relocation and authorize the Chainnan to execute same on behalf of the Board; 4. Accept the conveyance of Parcels 99999-UE (Utility Easement) and 99999-185TCE2 (Temporary Construction Easement) and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; 5. Authorize the payment of all costs and expenses necessary to close the transaction; 6. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the tenns and conditions of the Al,'feement; and 7. Approve any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Michelle L. Sweet, Property Acquisition Specialist, Transportation, Engineering and Construction Management; R. Shane Cox, P.E., Sr. Project Manager, Road Maintenance- Stormwater Management Attachments: (I) Easement Agreement, (2) Temporary Construction Easement Agreement, (3) Subordination of Easement Interest and Agreement for Facility Relocation, (4) Aerial Location Map, (5) Appraisal ,,'r'C . -'0- ~ ". - Agenda Item No. 1681 March 9, 2010 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -- Item Number: Item Summary: 1681 Recommendation to approve an Easement Agreement, a Temporary Construction Easement Agreement, and a Subordination of Easement Interest and Agreement for Facility Relocation for a utility easement which is required for the Gateway Triangle Stormwater Improvement Project. Project No. 51803 (Fiscal Impact: $19,525.00). 3/9/20109:00:00 AM Meeting Date: Prepared By Michelle Sweet Property Acquisition Specialist Date Transportation Engineering & 2/8/20103:32:36 PM Transportation Division Construction Management Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 2/9/201010:48 AM Approved By Debbie Armstrong Project Manager Date Transportation Engineering & 2/9/201010:52 AM Transportation Division Construction Management ;-'- Approved By Najeh Ahmad Director ~ Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 2/9/201011:15 AM Approved By Therese Stanley Manager - Operations Support - Trans Date Office of Management & Office of Management & Budget Budget 2/9/20104:53 PM Approved By Kevin Hendricks Manager - Right of Way. Date Transportation Engineering & 2/10/20103:59 PM Transportation Division Construction Management Approved By Caroline Soto Management/Budget Analyst Date Transportation Division Transportation Administration 2/16/2010 12:53 PM Approved By R Shane Cox, P.E. Project Manager, Senior Date Transportation Division Transportation Road Maintenance 2/16/20102:04 PM .c:l_.f/r".\ A __._.J_'T'__...\T""_____......\1~^ ...-_n_1-...... "'1'111'1\1" r"A1\.lC"T"".....T'T' A r"T"".,.TT'\A\lfT'l 'T'n A.,.lC"n" 1/1/"1'111'1 ,..'-_. '--'--.-,,'-"- - -0- -- 0.. u Agenda Item No 1681 March 9, 2010 Page 4 of 25 Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 2/16/20102:17 PM Approved By Gerald Kurtz Project Manager, Principal Date Transportation Division Transportation Road Maintenance 2/17/20101:07 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 2/23/20109:19 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 2/23/20109:59 AM Approved By Jeff Klatzkow County Attorney Date 2/26/201011:19 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 3/1/20107:02 PM L'::l_./I/".\ A __._.J_'T'__..\ru____~\1~^ l.,r~.__L fl .,fl1A\1L /",,1<l.TC'r1<l.T'T' '" "r1<l.T~"'\1r.n 'T'T'l "'1<l.TC1nA -,/"'o,.,fll^ _..w_ ~,-- - """-~-".--.'~'.".__._"._- Agenda Item No. 1681 March 9, 2010 Page 5 of 25 PROJECT: Miscellaneous ggggg (Gateway Triangle) PARCEL No(s): 185UE - liberty Bank FOLIO No(s): 00386240005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 , by and between LIBERTY BANK, whose mailing address is 4949 Tamiami Trail N, Naples, FL 34103- 3027, (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 Perpetual, Non-Exclusive Utility Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); 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: $15,000.00 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 iands.caping, 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. 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: ---".._~.- ""-,"---~"~--'''-''--- Agenda Item No. 1681 March 9, 2010 Page 6 of 25 (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 andlor title 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 unilaterai right to extend the term of this Agreement pending receipt of such instruments, properly executed, which e~her 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 iocated 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 andlor 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. 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 not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. Agenda Item No. 16B1 March 9, 2010 Page 7 of 25 (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 affeeling the Easement. (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 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. 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 ael 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 on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the 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 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. -_. g. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in conneelion with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, Iien-hoider or other Agenda Item No. 16B1 March 9,2010 Page 8 of 25 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, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 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, andlor 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 ali 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. 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 Deputy Clerk BY: FRED W. COYLE. Chainnan -- AS TO OWNER: DATED: Ot!OS-!.;IO/O ~ . , " _ - 11 \f; .l::--~\~ \ .S>0^".'"i...L.q.\ W~ness (Signature) -') ~ <'" -'" ' --'" . . ' D, v" (~O . y.< t..,~\\,--.r Name (Print or Type) t9h Qrz~ Witness (Signature) LIBERTY ~A~l</) By: I (-6'1-t).!. : ROBERT SMEDLEY, P sident , /" , S-h~ ~ 1). SctrrO Name (Print or Type) Approved as to form and legal sufficiency: ~-B\ -', . :) f,J~*-.t Assistant County Attorney Last RevIsed: 2I19f09 .- . - -.--.--- ,- .....~..._..~~~. - -,.~-_. Agenda Item No. 1681 March 9, 2010 Page 9 of 25 -.----"'-_.---- Agenda Item No. 16B1 March 9, 2010 Page 10 of 25 1'- L.'Hr. L ' '" ~ -, ' _"I'J,.,;H , .. _. I I , EXHIBIT "it P8ge--L-oI'~ I I I ~ ------.----,.- --,-- , , U'>[ 'AGL[ "" ,,___ --d......,. 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GATEWAY TRIANGLE PHASE II COUNTY UTILITY EASEMENT .. i COLLIER "'IPRCJlCl ,cl NU....S(R 070061.01.02 1 SHEET , Nu....8[~ , " jl'>l[ l<vMIlrR_ 01001510102SKI ..u ,;,~ , ""',' ~, , " -w, ~(;~ Agenda Item No. 1681 March 9, 2010 Page 11 of 25 ..- PROJECT: Miscellaneous 99999 (Gateway Triangle) PARCEL No(s): 185TCE2 - Liberty Bank FOLIO No(s): 00386240005 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 LIBERTY BANK whose mailing address is 4949 Tamiami Trail N, Naples, FL 34103-3027 (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, Napies, 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" (hereinafter referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing utility facilities within the utility easement immediately adjacent thereto; subject to the restrictions contained herein; 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 $3,525.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 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 irri9ation 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. 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; Agenda Item No. 16B1 March 9, 2010 Page 12 of 25 (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 andlor title 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 shail 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 ri9ht, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and pertorm its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to pertorm all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall not be deemed to be full pertormance and discharge of every agreement and obligation on the part of Owner to be pertormed pursuant to the provisions of this Agreement. (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 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. (e) There are no. maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (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 pertorm 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 Agenda Item No. 1681 March 9, 2010 Page 13 of 25 .-.--- 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 on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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 iimitation 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. ,'- 8. Purchaser shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the 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, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless this Easement is acquired under threat of condemnation. 9. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the utility easement and shall automatically terminate 90 days therefrom. 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 trustee, and/or assignees, whenever the context so requires or admits. -~" 11. 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 Agenda Item No. 16B1 March 9, 2010 Page 14 of 25 the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. 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 canceliation 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. 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 Deputy Clerk BY: FRED W. COYLE Chairman , AS TO OWNER: DATED: 01 /05- be/ 0 , , . <").- \, \ - \->-- ".. \ r \_j\ U \.,,,-..c'<,.,, -;., ./.i- \.k.",_'-~"'-"-l Witness (Signature) LIBERTY BANK' <_~ ~'^,d, ~, r, . \ '>1'-\ ,-' ' Name (Print or Type) C-S+- ',' ) "j Iv \J,.} l. '-. Witness (Signature) ::-S h ".,\ i'1 I Sc, rr (7 - Name (Print or Type) \ , . \ ,~ ( . . J ("1 ( . J By: ,'_ j./L/L ~__..t:_--r.-\ ROBERT SMEDLEY, Pr~sident L' Approved as to form and legal sufficiency: -)~",=> \~,~. Assista t County Attorney Agenda Item No. 16B 1 March 9, 2010 Page 15 of 25 ".'- ir,r: ,/l;";' .,., I I I H "I-.r:' lJU,FIIH(; I.lI-.lr, 1 ~i ' I I I , I _?J} ,:!~..__.! ~;:j C,I I I s .} -~ '1l" , i- , r"""""1 , I , .ii,H":; ::::."w _,..:'n "__ 'l~", y --, .-,.-"VI 1"', r.~iJ --_....,..._"..,----_..--_.-_.,'. NOO'-<l6 'J!)"W,,:,I' -- --...,,-----.- 1I U L' ..........-., ,t" :;-Jr ~,?._~> "~t_____~~;"'"H'" . TEMPORARY CONSTRUCTION E.fSEM[Nl ;r BROOKSIDE DRIVE (j:STiNG fi!Y qlCHi -OF -WAY I I I I --"-i o ,..5 ,'o,cr,' "'.,~. "r _,',,'-__.;;:..1"'-.,~.._, 'i, ':.:'"-' .~ : "( porNI Ol~ BEGINNING ' , ,--"----- j l ) "'li;~{ ,1:',- ,f.','i;U:l ,,. ,.r ;::1," ,. -' , , .. r Tr- I , - - I; eEAr~lr~:'; ,~""';", .. ~- ':':".lLl" l"nR!H- 1,,( n (\1 / --... POINT OF COMMENCEMENT 'tif..'. DMIS BL VD. S-.858 LX!';:.'IN(; ",or;" f.:' ::;H~ ..,)1 -'WA'I LEGEND: L' ", SEE UNE TAGLE OR _ OHICIA'_ RECUf<OS BOOK PG = PAGE -..-.-,."----.-. - - , , I I ...L.. - - ---'- .-, l[G^L CE::CHtPT:ON (TEMP.'Ji.:AR, CONSTRUCTION U.8CMEN") ;. !',,!',::; '. (\f I "'C_('1~;, n~ "~C~"""'J k"_";.! i"l'-i'I'CU ,Po' ';t':.::"'kU ',:; 1("1;\1',1.';:" ',r, ';i ,i I~I' 1C,I,r.!: ,I .1," ',"':-" .;....,.'1" ,:;0,:'1..\. '.:':..,N( ,_\':",',:,'0 CCMMENCiNG; ',H:, h'L' ~:~:"j~,N ,-'" "ic_ "'.Ji'iT;, R;(;i'l-'Jr --''/oil': t<,c_;, f'Y,'; ":,, PC'()Ci\:;I~"! ORI',{ "J,; '::::ri /,:.; P['J\ ~,li.1[ (iF fL:iRI:']':' -AI[ fi)M) UL"F.F'"v,,;~- R!C,~,' f"'j....l) ~Jl".,q3::P ::..HLJ, ~;<l:i"; ...;'j;''';'O i;:,'~', '::,H~; (..,,- DPCLI,)'/;:'l\ il'~i'~'-,:,L ~.U;"3'>:;";i ",!":;rJr~ ::A!~ 1.::rC'j f'\";t,. ,:,f I,,"-I ,I',\: r~:n ';;;:' i"{:.-[' n'irlCE. .',',\,/,,< '.;"i~ '.ell,I!,,: f~I{,;,1 '." Wid I!:,:':' :,i,O'r,t-',j:')"'!, F:~: '::,j':J 'L::" 'I,) ;,--:: hL/,.,'],-' L;,'.f :,If:, 1:) c,,!~'1 ',:;'1.:"1 1"1'.) :,F\~' ,,_ ::Oi':'CI) Ii< (1[,":'.;1(,\ ;;CU;diii:: f)OC+', .::'1 1,",:..'_ :" rl' ,j J; ,:: ~"CCRlf; .,. ':<-L' F,'f'~,-;:_...:"h, I i ;:R!_i~ i 1 c,:' :J[ I"C- "Ii':, PUtJT (F UfG:N"-<ING ;11 1"1' ~':;;, '>S,\I;: i~'.,(;Rr,:::: -, ;,1f':,\,,'~-,' ,..':.:'" IT_'..'I,,:,i'' ",,,,,,,.1:''':'11, ,I., ,.J;" ,~:'rr 4,., " l'i" ..'..1 :,:: '., \'",r:.'I...; {'(..Ii ,,"'.' 'J.N"C; 0;1;," "., .c ;, I 1'~:": 1 i Ii- ~.t: c .,'f:'(]'1_',' or' ;,. ~:' :,}','.l' ,.y,' "',., ,;, ,1'-~ f'LT1 Fl "HI W:'Sl ! I~" ,';: ",<,y,:KI':;'Y_ -'I",,',.' ....' ",,,-, ,-,.,.: n.,./ ')[- ,_,r ~;,IL' '..'ill'-' iJ\'c,;:r.i!:'IT r: ,:'::::',',,';:1\ N[GE'i~; 1,,';:'~~,>. '!! :;w:: ",-,.: ',>,; ','~).- ) \'I: r"-" 1::+ f' ,.~: (;"J ".. " I;,' I!,!.: "', "- :', 'F POINT ai' 8':"(;Il'iNiNG ()l ,,-, '....'r' .. ~__ ... I "r ~ ~ ," ,: _' :;" ,I' .,.. ,,-,'IF:: ;:>< ,r-(:' ,. ,f' , tJ':.i' ,.', ",' " ..', '.,__1 . , -:'; :r, )Hi" , - ,-,.," ",iFf...., F::;r.L " ;.j_! Vi:,'- :..-r..'L or SAIU DAVIS f'L.VD. AS 8EiNG 5,89' 1 3'2S "'II P-S L.LJ"\:"~':F',I ";'H or W,!,' MAVS ;::IAT[ ROAD NUMBEr S.B;!(\ SECT'ON :,:!f--'H",". ..", ",1, ",<I ,,,:.- ,- ,"'\; '-',' -:',.,,1 '-"j ~ Fi' I' ;-?~ H",r.. --'-rer---, ,J' :'r .'![,,', 1'>,1'-lr":,'\I:. 'j! ',-- :;':,)'I,)oJ I'i) L, ':.','-,2 J~("J.l..q<j DAI~' '>lroNCD j',\ "7? I',! - I __i;'~ " ',:: ~-, ~ , r ~: ",d",- ';2>(';,J',_ ;',r.!:'_," :-"',~ : - ,", <1-',' f ,-'i<'~ ' ;'''f-',c-"" ".,'1"[', ';- L ':.! ~',/..r: ,'.)[ ~.~.:.; ,"'; ,c':,'''',,',: ;;", ,.., ., ,'"I U r -"','::; .." . - :--":' "~". ; ,:",,pPL:.'" ,< " - D'l T'" 'NC.",!""... . ., I" VlsUlllizatwn CONSULTING Qvil Bn~i ..&.. ......, '.L ..L Surveying & MJtpping illltO...........P.'I<lJri...,IW'.MC H~pl"'._3~1(J11 l'n"",,, [2.:JfIW.Of>7S FIlX:(2:>'I.597-OSn F\QIIdI.c.tjr,cale01 """llI\1I1l1clft,1IHIll52 - CUEN1' ,-~~----_.- ".." TIllE.: COLLIER COU~!TY BOARD OF COUNTY COMMISIONERS -,--.,.... ---" GATEWAY TRIANGLE PHASE TEMPORARY CONSTRUCTION II EASEMENT 'I "." '''"..~..- .. ~c --.........., , I .." ", , "~J 1'1\:'0.11.' l'" lllJ~r,K~ 010061-01.01 ~I<!:;r; N"t.lli!f, "t" 070061~102SK2 PROJECT: PARCEL: FOLIO: 99999 - Miscellaneous (Gateway Triangle) 185 - Liberty Bank 00386240005 Agenda Item No. 16B 1 March 9, 2010 Page 16 of 25 SUBORDINATION OF EASEMENT INTEREST AND AGREEMENT FOR FACILITY RELOCATION THIS SUBORDINATION OF EASEMENT INTEREST is given this day of , 20 by CITY OF NAPLES, a Municipal Corporation of the State of Florida, its successors and/or assigns, whose post office address is 735 8th Street South, Naples, Florida 34192 (hereinafter referred to as "Easement Holder" or "City"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Collier County"). WIT N E SSE T H: WHEREAS, Easement Holder is the owner and holder of that certain Easement by and between Concoye Corporation, a Tennessee Corporation, Leslie King and Virginia King, his wife, and City of Naples, Collier County, a municipal corporation under the laws of the State of Florida, and recorded on October 20, 1971 in Official Records Book 421, Page 31, et seq.. of the Public Records of Collier County, Florida, (hereinafter referred to as "Encumbrance"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, Coliier County has requested and received from the fee simple owner of the Encumbered Property a Utility Easement over, under, on and across the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference (which premises are hereinafter referred to as the "Easement"); and WHEREAS, Collier County has requested that Easement Holder consent to and subordinate its Encumbrance to the interest that Collier County has in the Encumbered Property to which request Easement Holder has agreed; and WHEREAS, Collier County, in recognition of City's pre-existing interest in the Easement, is willing to pay for any future relocation of City's utility facilities and any facilities associated therewith, and any future facilities from or within the entire width of the Easement should Coliier County, in its sole discretion, deem such relocation to be necessary as a result of present or future uses of the Easement by Collier County or its successors andlor assigns including, but not limited to, the cost of acquiring replacement easement(s) on behalf of City; and WHEREAS, City shall have the right to enter upon the lands described in Exhibit "A" for the purposes of constructing, operating, repairing, expanding, Improving andlor otherwise maintaining its utility facilities and any associated facilities; and any future facilities; and WHEREAS, City agrees to repair any damage to Collier County facilities resulting from City's sole negligence while exercising its rights to construct, operate, repair, expand, improve andlor otherwise maintain its facilities with the Easement. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed 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 are made a part of this Agreement; 2. City does hereby subordinate to Collier County its Encumbrance within the Easement. Except as subordinated within Collier County's Easement, said Encumbrance shall remain in full force and effect; Agenda Item No. 16B1 3. Collier County shall pay for the relocation of City's utility facilities associated March 9, 2010 therewith and any future facilities from the Easement should Collier County, in its Page 17 of 25 sole discretion, deem such relocation to be necessary. The costs of said relocation shall include, but not be limited to, the costs of acquiring replacement easements on behalf of the City; "~ 4. As long as City's facilities are located within the Easement, City shall have the right to enter upon the Encumbered Property for the purposes of constructing, operating, repairing, expanding, improving and/or otherwise maintaining its utility facilities and associated facilities, and any future facilities. 5. As long as City's facilities are located within the Easement, City shall pay for any and all damage to Collier County's facilities caused by the City's sole negligence while exercising its rights to construct, operate, repair, expand, improve andlor otherwise maintain its facilities within the Easement. 6. As long as City's facilities are iocated within the Easement, Collier County shall pay for any damage to the City's utility facilities, any associated facilities and any future facilities, which results from the construction, operation, repair, expansion, improvement, and/or other maintenance of Collier County's facilities. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COLLIER COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ..-- Deputy Clerk BY: FRED W COYLE, Chairman Approved as to form and legal sufficiency: W~''''-I' - "') tv h.. ~-tL - Assistant County Attorney AS TO CITY OF NAPLES: DATED: /~-(},?-O,? ATTEST: CITY OF NAPLES .-- Approved as to form and legal sufficiency: .0 ItuJ~ It k~~' i\ t City Attorney , ... ._.~. ,____.,_"_._~.__.._,_<'_'_N_~._ EXHIBIT ~, fJr of )1- Agenda Item No. 1681 9,2010 180f25 LINE L1 L2 L3 L4 LINE TABLE BEARING $89"13'25" W NQO'46'3S"w N89'1J'25"E $00'21'41"E LENGTH 78.1] , 5.00 78.23 15.00 N BROOKSIDE DRIVE EXISTING 60' RIGhT -OF -WAY w E EXISTING 15' UTUTY EASEMENT PER Q.R. 421, pc. 31 __-.L__ PROPOSED COLLIER COUNTY UTILTY EASEMENT) i 173 SF d s o " " ~ ~ ~ GRAPHIC SCALE '""<10' NORTH r RIGHT OF WAY L1 \ '- POINT OF BEGINNING DAV:S BLVD. 5-858 EXISTING 100' RIGHT -OF -WAY I I I I I.EGENO: 11 = SEE LINE TABLE OR - OF"FICIAL RECORDS BOOK PG "" PAGE LEGAL DESCRIPTION (COlliER COUNn' UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLlIER COUNTY, FLORIDA. BE1NG MORE PARTlCULP,RLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -or -WAY OF 5-858, (DAVIS BLVD.) (100' WIDE) AND BROOKSIDE DRIVE (60' WIDE) AS PER STATE OF FLORIDA, STATE ROAD DEPARTMENT, RIGHT OF WAY MAPS. STATE ROAD NUMBER 5-858, SECTION 03530-2505, SHEEr 2 OF 3, DATEO 0.3/68. THE FOLLOWING DESCRIBED COLLIER COUNTY UTILITY EASEMENT; THENCE S.89'1:3'25"W. ALONG SAID NORTH RIGHl OF WAY LINE AND TI.tE SOUTH LINE OF 15 FOOT UTILITY EASEMENT RECORDED IN OFFICIAL RECOiWS BOOK 421, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR 78,13 FEET; THENCE LEAVING SAID NORTI-! RIGHT OF WAY LINE N.OO'46'3S"W. FOR '.5.00 FEET TO THE NORTH LINE OF SAID 15 FOOT UTIUTY C:ASEMENT; THENCE N.89"'3'25" E, ALONG THE NORTH LINE OF SAID UTILITY [ASElvlENT l=-OR 78.23 FEET TO A POIN: LYING ON THE WEST RIGHT OF WAY Ur--.;E OF SAID BROOKSIDE DRIVE, THENCE S,OC'21'41"E. ALOr--.;C SAiD WEST i'\IGH, OF WAY LINE FOR 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEl. DESCHIGED HCR::::IN, CONTAINING 1,173 SQUARE FC::::T, MORE OR LCSS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECCRO. BEARINGS ARE BASED ON THE NORTH RIGHT or WAY LINE OF SAiD DAVIS BLVD. AS BEING S E9" 1 J'25"W, AS PER STATE OF FLORiDA, STATE ROAD DEPARTMENT, ,RIGHT OF WAY MAPS. STATE ROAD NUMBER 5-858, SECTION C3530-2605, SHEET 2 OF .3, DATED OJ/58. PREPARED BY: RWA INC Fl..ORIDA CERTIFICATE OF AUTHORIZATION NO. La 6952 -_\\ - RICHARD V, NESTLER DATE SIGNED PROFESSIONAL LAND SURVEYOR, LB 4785 . ------------------------.---- _ c:. JD / =.'L J"O' '7. 2<lM ~,'~ All $:\2007\070""J.0'.02 Ga'..o, ";,,.V" jOa"""",, ""p'o..~.",,\f)Q12 5"'''''"9 40d '"9,"..'i~9 $""""" 5.".".\000' S......,..,q\DlOD5JD'02S"',d.V D'XZAlNC. Planning Visualization CONSULTING CivilEngineering ...... '-, '.L ..L Surveying & Mapping 65lCWLllowParl<D,joe.Su<\e200 Napla..FIo~ca ~.IO. Prn,~a:12~9)S01.o.s7S FAX: (2J9) S91-<lS72 Florida Car1ificala 01 AUlhorilaUo~ ~ ID-{;95l I"~'( 5-16-09 '"' .,-~ "~'lt ,".. "0' e, CLIENT COLLIER COUNTY BOARD OF COUNTY COMMISIONERS TITLE GATEWAY TRiANGLE PHASE II COLLIER COUNTY UTILITY EASEMENT ~".w~ n', ~~Le",~ ll>" INN <;,e, '''''' ~CI PROJ[CT 2 ';IOS 2SC NUMSEr.: 070Ci67.01.02 ~H;;CT NI,;MsrR, 1 or 1 fl~( NUMSER: 0700670102SKl 0.'.., ",.,0'" ..,,'~'"., LAND APPRAISAL REPORT ..~., Cash or equiv. Urban Suburban LJ Rural i:><J Over 75% 0 25% to 75% 0 Under 25% o f1J1y Dev. 0 Rapid 0 S'ady GJ Slow o Increasing []Stable ~Declining o Shortage ISIlnBalance o Oversupply o Under 3 Mos, [J 4-6 Mos. ISJ Over 6 Mos. 20% 1 Family ~% 2-4 Family ---9.% Apts. --.2.% Comjo~% Commercial ~% Industrial-2% Vacant 5% Marina Change in Presemland Use 0 NOllikely ~lSIl1ke~ (W) 0 Taking Place (*) (*) From vacant To commercial ISI Owner 0 Teliant 5 % Vacant $ NIA 10$ NfA Predominant Value $ N/A NfA yrs. to N/A yrs. Predominant Age N/A yrs. Pre<lominanlOccupancy Sing\e Family Price Range Single Family Age Elee, Gas Water San, Sewer -_.. Census Tract 106.01 EmploymerrtSlability Convenience to Employmen1 Convenience to Shopping Convenience 10 Schools Adequacy 01 Public Transportation Recreational Facililies Adequacy 01 Utiities Property Compatibility Protection from Detrimental Condllions Police and Fire Protec:tion General Appearance of Properties Appeal to Market Good Avg. Fair Poor Oi:><JOO i:><JOOO Oi:><JOO Oi:><JOO Oi:><JOO Oi:><JOO OC"JOO Oi:><JDO Oi:><JOO o C"J 0 Ii o i:><J DO o i:><J 0 [I GOMPARABLENO.3 4001 Tamiami Trail E. Na les FL 2.Q1 milesSE $25.34/sf i' ,":";' 850 000 $24.60/sf 6300.000 Borrower Owner: Liberty Bank Property Address 2027 Davis Blvd City Naples County Collier State FL Zip Code 34104 Legal DescrIption 25025 Com at SW Cor See E 862.100 N 41.51ft to N RfIN LI Davis Blvd E 270ft to POB N 470ft, E 503.2 S 470ft Sale Price $ N/A Date ol Sale NfA Loan Term N/A yrs. Property Rights Appraised !RI Fee 0 leasehold D De Minimis pun Actual Real Estate Taxes $ 24,002.n (yr) Loan charges to be paid by seller $ N/A Other sales cOllCesslons N/A lender/Client Collier County TEfCM Address 2885 S. Horseshoe Drive Na les FL 34104 Occupant vacant land Appraiser Harry Henderson, SRA Instructions to .&.ppraiserEstimate Market Value Parent TracVPartial Take Folio #00386240005 Location BuittUp Growth Rate Property Values Demand/Supply MarkelingTIme Preserrt Land Use Comments including tl10se factors, favorable or unfavorable, affectnll marketability (e,g. pUblic parks, schools, view, nolse):The sub'ect is located on the northwest corner of Davis Blvd and Brookside Drive in the East Na les area of uninco rated Collier Coun . This is an established commercial corridor com osed of older eneration commercial and Ii ht industrial ro erties. Residential develo ment is extant to the north of the sub'ect area. The sub'act has canal fronla e which is linked to the Gordon River and Na Ies Ba be and. Maintenance levels in the area are avers e. Dimensions 470 x 500+- "" 4.75 SQ. FI. or Acres Corner lot Zoning classnica~on C-4 {General Commercial} Presentlmprovemems fNl do fAl do not conform to zoning regulations Hillhest and best use 0 Present use -.Qther~!fYl Commercial development as allowed by zoninQ PubUc Olher (~sCribe) OFF SITE IMPROVEMENTS !Topo Level [SJ Street Access [ZJ Public [J Private i Size com atible with area [] Surface Macadam I Shape mostly rectanQular C8J Maintenance [ZJ Public [J Private iVlew ne' hborhood/canal ~ [SJ Storm Sewer [S. Curb/Gulter 'I Drainage ade uate o Underground E~cl. & Tel.lj8J Sidewalk [8J Street Lights Is the property located in 8 Hue identified Special Flood Hszll'd Area? LJ No [gJ Yes Comments ~avorabie or umavorable including any apparent adverse sasements, encroachments, or other adverse conditions): Zone AE Comm#120067 394G, 11/17/05 The sub'act site is artiall im roved with a arkin lot utilized b an ad acent marinam:2Qert . No adverse conditions observed. This site ma be sub'ect to ical erimeter easements and mineral ri hts of record. The undersigned has recited Itlree recent sales of prOpllrties most similar and proximate to subject and has coosidered lt1ese in the marKet anaiysis. The deSCription includes a dollar adjustment reflecting market reaction to those Items of Sillnilicanl variation between the subject and comparable properties. If a signilicant nem in lt1e comparabie property Is superior to or mom favoralJle than the subject pmperty, a minus (-J adjustment is made thus reducing 1tle indicated value of subject: it a signihcant item in ltle comparable is inferior to or jess lavorablethanthe sUbject property,a plus (+) adjustment is made thus increasing the indicated vaiue of the subjecl. ITEM SUBJECT PROPERTY COMPARAllLE NO.1 COMPARABLE NO, 2 Address 2027 Davis Blvd 3777 Tamiami Trail E. 2898 Tamiami Trail E. Na les, FL 34104 Na les, FL Na les FL Proxim' to Sutl'ect 1.71 miles SE 0.79 miles SE Sales Price N/A ~~D1i:~,,*~\) 20.82/sf t~~~' c" Price ~irr."'" 925 000 Data Source Public Records Public Records Date of Sale and DESCRIPTION DESCRIPTION Time Adjustmenl N/A 12/06 Lo 'on East Na les~Davis E.Ns les-Tamiami Sit iew 4.75 acres 1.02 acres Zonin C-4 Similar To ra h cleared comm lot outparcel .~~ Public Records DESCRIPTION 11/06 E.Na les-Tamiami .77 acres Similar out arcel ~3,12 Sales or Financing Concessions Cash or equiv. NfA Public Records Must DESCRIPTION -5.07 2/08 -2.53 E. Na Ies-Tamiami : in $/sf 5.88 acres Similar -3.80 cleared com lot Cash or equiv. ''"&:1fi\.i:i::';;;'-'ii',')?i.>i;,;''i,.j.W;,'';,;p,;,.:, .iXl"~mJ;;.'''''''''-f,:;;jI,.;;,'/iil.t;..,:~,;1,'; -11.4 . -9.36 + -.'..'...'....'.. "'- '.' _if 11.46 ,_. .. . ... $ 13.94 -4,92 19.68 Comments and Conditions of Appraisal: UE Parcet: 1173sf for buried stormwater pipe, represents a 75% encumbrance 10 the fee simple interest. Therefore 1173 sf x $15/sf x .75 ;::. $13 200 rounded. TCE1 Parcel: 2350sf 1 ear term' 2350sf x 15/sf x 10% ca rate x 1 $3 525 Firlal RecorlCiliation: Total combined com ensation for Utir Easement arcel and Tern .- See Limitin Conditions I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF Dec 10, tobe$ 20 09 o Did 16725 16725 LJDidNotPhysicallylnspectProperty Co"ier County Govemmenl Form LND - 'WinTOTAL' appraisal software Dya ia mode, Inc. -1-800-ALAMODE _c.. '"_, - .._~,----.._"...,--_._"_~_. 1 ~_.o'''.__~'__~'_ Supplemental Addendum File No, 185UE-TCE2 IM'inFiI'NOI>!~O. 1681 March 9, 2010 20 of 25 Borrower/CUent Owner: Libert Bank Pro e Address 2027 Davis Blvd Ci Na les Lender Collier Count TE/eM . Land: Market Data The subject and camps are compared on a uniUprice ($/5f) basis thereby eliminating the need for lot size adjustments. Time adjustments reflect declining price levels in this market during 2006, 2007, 2008 and 2009. Differences in locational appeal (commercial visibility) are reflected in location adjustments. The price premium accorded outparcels is also adjusted for. A mid-range unit/price is selected as most reasonable for the subject lands. Say $15/sf. Cou Collier State FL Zip Code 34104 Parent Tract Valuation: 4.75 acres (206,91Qsf+-) x $15/sf:; $3,100,000 (rounded) Form TADD - "WinTOTAL" appraisal software by a la mode, iflC -1-800-ALAMODE Location Map [M'!J'-E!L~O. 1681 March 9, 2010 210f25 Borrower/Ckent Pro Address C Lender Owner: Libert Bank 2027 Davis Blvd Na las Collier Count TE/CM Cou Collier State FL Zi Code 34104 o. ~!:'!i:,h~Q. --< .S;' k. " , ;!.'l\, ,,.L.~:\ ~"i..~, '~' '''" "-. ,- ," \!tWiI''" ~ 1~ _Ik. '\ ;4..~1- ~ $::\ ''',..,., \..~- ~i't'. Wi! ....., -I.. .. ',"'Oe\. " ,-." , . ~A '.<'."';,' ~i ! -,r ,.,- ~""'" ",,,. '.,. ",;'. .,'~' -n', .""' '0_" . " ,,~ ;,8,-"'::':''!511:: Port ,,!.r:i _'l"::~;:"i:;' 'Rl:l'f.' ~ji I: k', '~,' ',.-:;$,;; ,- "!' . ':'. 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Mil ~Ln---"-':"- Form MAP.LOC - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAMOOE ,.",.... -,-----....--. l~aiJLF"'N'I'I~O. 1681 March 9, 2010 Page 22 of 25 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite 10 a fair sale, the buyer and setler, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. implicit in this definition is the consummation of a sale as of a speciflEld date and the passinQ of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents tile normal consideration for tile property sold unaffected by special or creative financing or sales concessions. granted by anyone associated with the sale. . Adjustments to the com parables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institulionallender {hat is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for doliar cost of the financing or concession but the dollar amount of any adjustment shOuld approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The inspector's certifICation that appears in the appraisal report is subject to the following conditions: 1, The inspector will not be responsible for matlers of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is Qood and marketable and, therefore, will not render any opinions about the title. The property is valued on the basis of it being under responSible ownership. 2. Any sketch provided in the appraisal report may show approximate dimensions of the improvements and is included only to assist the reader of the report in visualizing the properiy, The inspeclor has made no survey of the property. 3. The inspector will not qive testimony or appear 10 couri because he or she made an appraisal of the property in queslion. unless specific arrangements to do so have been made beforehand. 4. Any distribution of valuation between iand and improvements in the report applies only under the existing program of utilization. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 5. The inspector has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous waste, toxic substances. etc.) that would make the properiy more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. regarding the condition of the property. The inspector will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exis\. 6. The inspector obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The inspector does not assume responsibility for the accuracy of such items that were furnished by other parties. 7. The inspector will not disclose the contents of the appraisai report except as provided for in the Uniform Standards of Professional Appraisal Practice. 8. The inspector has based his or her appraisal report and valuation conclusion lor an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 9. The inspector must provide his or her prior written consent before the lender/clienl speCified in the appraisal report can distribute the appraisal repori (includinQ conclusions about the property value, the inspector's identity and professional desiQnations, and references to any professional appraisal organizations or the firm with which the inspector is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortqaqe insurer; consultants; professional appraisal orqanizations; any state or federally approved financial inslilution; or any depariment, agency, or instrumentality of the United Stales or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only 10 data collection or reporting service(s) wilhout having to obtain the inspector's prior wrillen consen\. The inspector's written consent aOO approval must also be obtained before the appraisal can be conveyed by anyone 10 the public throuQh advertisinQ, public relations, news, sales, or other media. 10. The inspector is not an employee of the company or individual(s) ordering this report and compensation is not contingent upon the reporting of a predetermined value or direction of value or upon an action or event resulting form the analysis, opinions, conclusions, or the use of this report. This assiQnment is not based on a required minimum, speCific valuation, or the approval of a loan. Page 1 012 Collier County Govemment Form OLe. DEFO - 'WinTOTAL' appraisal software by a la mode, inc. --1.8DO.ALAMOOE ~o. 1681 March 9, 2010 Page 23 of 25 CERTIFICATION: The inspector certifies and agrees that .- 1. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 2. I have no present or prospective interest in the property that is the subject to this report, and 1 have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and lor the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the sUbject property or of the present owners or occupants of the properties in the vicinity of the subject property. 3. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this analysis is contingent on the appraised value of the property. 4. I performed this analysis in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal FDundatiDn and that were in place as of the effective date Df this appraisal. 5. I have personally inspected the exterior areas Df the subject property and the exterior of all properties listed as comparables in the appraisal report. To the best of my knowledge and belief. all statements and infDrmation in this report are true and correct, and I have not knDwinglv withheld any Significant information. 6. I personally prepared all conclusions and opinions about the real estate that were set forth in the inspection. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will lake no responsibility for it. .-. ADDRESS OF PROPERTY ANALYZED: 2027 Davis Blvd, Naples, FL 34104 INSPECTOR: Signature: Name: Harry Henderson, SRA Date Signed: 12/10/09 Slale Certification #: RD 3475, RG1153NJ orSlateLicense#: Stale: FL Expiration Date of Certificalion or License: 11/30/10 Page2of2 Form OLe _ OEFD - "WinTOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE ~,,".~___.~.. _. _'d._'-' . .'._,'__" ',,'._H,.._, _, ......".... ",_",~_",____~_"_,'_'~"'_h_"_'_ Agenda Item No. 1681 March 9, 2010 Page 24 of 25 Agenda Item No. 1681 March 9, 2010 Page 25 of 25 MAP LEGEND ~,,- street "amll 0 ....... 0 SubdivleiOM Aeri.. 2008 (6 inch Orban) ".n", _12 FEflTl 0 BuUdtngFootprinta- . Coin... County Folio Number: 00386240005 Name: LIBERTY BANK Street# & Name: 2027 DA VIS BLVD Legal Description: 2 50 25 COM AT SW COR SEC E 862.10 FT N 41.51 FT TO N R/W LI DAVIS BLVD, E 270FT TO POB, N 470 FT, E 503.2, S 470 FT, ~-