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Backup Documents 03/12/2013 Item #16A 3CUIVIENTS CHECKLIST & ROUTING SLIP ORIGINAL DO b A 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUIL Print on pinhc item is ilxcedton original completcdmr routing routing slip do cnmc(ntumust he rceeliccd)in rlle ((o €uit�1eattornee Office ni later at the time t { than Monday preceding the Board meeting,. **NEW** ROUTING SLIP Complete routing lines # I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throw routing lines #I throw #2, com lete the checklist, and forward to the County Date Office. Route to Addressee(s) (List in routing order) Office Initials 111 3. County Attorney Office County Attorney Office �'e \� 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION / " Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to conta staff for additional or missing information. phone ENumber Name of Primary Staff T/ Contact / De artment Agenda Date Item was Agendumber , Approved by the BCC Number of Original Type of Document Documents Attached Attached PO number or account number if document is . to be recorded C �I (' eoh INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. Ehandwritten strike- through and revisions have been initialed by the County Attorney's other arties except the BCC Chairman and the Clerk to the Board 5. 's signature line date has been entered as the date of BCC approval of the he final negotiated contract date whichever is a plicable. 6. Sign here tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Br, aware of ur deadlines! 8. The document was approved by the BCC on3 ter date) and all changes made during the meeting have been incorporated in the attached document. The County e Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t BCC, all changes directed by the BCC have been made, and the document is ready r the Chairman's signature. y�Co�unty Forms/ vt Yes (Initial) N/A (Not A licable V Forms / Origin Documents Routing Slip WS Origt 9.03.04, evised 1.26.05, Revised 2 ll 1ae-� �7��ni 5 r� -o v I �5.Revised 11 /30/12 16A 3I PROJECT: LASIP Haldeman Ditch /Crown Pointe Wier Project PARCEL No(s): 272DE FOLIO No(s): 74380000361 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this tZkl,` day of _Mop,, -�� , 20 13 , by and between JAMES DIMINO and JENNY A. DIMINO, husband and wife, whose mailing address is 3084 West Crown Pointe Boulevard, Naples, Florida 34112 -5431, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires 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 County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $1,745.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents "): (a) Drainage Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and /or qualifications affecting County's enjoyment of the Easement; 16A 3 Page 2 (c) Closing Statement; (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W -9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements 16A 3 Page 3 granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien- holders and /or easement - holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the 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. County shall have sole discretion as to what constitutes "reasonable processing fees." 16A 31 Page 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easement, or any interest in the property underlying the easement, 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 except that the County shall construct a concrete endwall over the northerly ends of the two existing corrugated metal drain pipes located within Tract D1, South Shore villas at Crown Pointe, as recorded in Plat Book 24, Page 65, of the public records of Collier County, Florida and shall replace the existing rip -rap embankment, and shall back -fill the area south of the new endwall, and shall plant hedge material (bushes) on the back - filled area and shall install silt fencing along the limits of construction (the perimeter of the Temporary Construction Easement). No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUN : DATED 'A 13 ASST: y� , BO baiC CO NTY COMMISSIONERS WIGHT° B`RO�K, Clerk COO TY, FLORIDA _. BY t . Hill er, Esq. Chairwoman est as #o )'If , y CI signature only.4 AS TO OWNER: DATED: es�sy,,,Signature) Name (Print or Type) Witn s (Si ature) Sox) Name (Print or Type) Wi ess (Signature) Name (Print or Type) Witn s (Sig ure) St Name (Print or Type) Approved as to form and legal sufficiency: Emily R. P pin Assistant County Attorney Last Revised: 04/20/2012 16A 3 Page 5 � "'m ffl n _ ��M-,- DIMINO JEN A. OIMINO SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LOT 11 0 10 20 40 GRAPHIC SCALE SCALE: 1" = 20 LOT 12 LEGEND ORB = OFFICIAL RECORDS BOOK PG = PAGE SO-FT. = SQUARE FEET D.E. = DRAINAGE EASEMENT S = SECTION T = TOWNSHIP LOT 13 16A 3 EXHianr 14 pa" I Of TRACT "A" yp pt "D.E." PER PLAT �o s Cl L3 / LOT 14 OWNED BY: < 1 R = RANGE JAMES & JENNY DIMING PB = PLAT BOOK FOLIO 1 74380000361 1 POINT OF PG = PAGE SOUTH SHORE VILLAS AT CROWN POIN TE (P8. 24, PG. 65) w ! Clq � J 0) f r PARCEL 272DE DRAINAGE EASEMENT 176 SQ.FT. +/- CURVEI RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 30.00' 3.54' 3.54' 1 S 86'37'08" E 06'46'12' LINE BEARING DISTANCE L1 N 70'00'28" W 8.12' L2 N 09'59'32" E 20.80' L3 N 89'59'46" E 4.55' L4 I S 09'59'32" W 23.41' 2 TRACT w 4 J m �o Q �a =N '� ag J �2 W (7�c � Ocr ' Q lw � J b 4 co 1 N� wq POINT OF COMMENCEMENT I SOUTH 1/4 CORNER OF l S7- T50 -R26 POINT Of INIERSECTIC(J 287.89' _ _ _S7, T50S, R26E 1 N 89'59'32" E^ �� S18, T50S, R26E SOUTH LINE OF THE SE 1/4 OF SECTION 7 SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION �' l W Ml'"MtaAf �lMO�OMMfd]"Q[-0Mf ATKINS yaw WSOY scour LELY AREA STORM WATER sl/RF 700 IMPROVEMENT PROJECT "SIP 1913) TAMPA, 13k X07 DRAINAGE EASEMENT SKETCH FLORIDA ERTIFICATE.INC. (IfJJ2RL824 AND DESCRIPTION fLOR)A CERTIFICATE OF AUTHORJZATNNJ NUJNBER LBYt ING ' ' LOT 15 1 1 1 1 TECM - ROXAI MAR 2 7 201? NOT A BOUNDARY SURVEY ORIGINAL: yw. 05.3012 =NO. 100010]22 RlVISJONS: OIUWN PAM I �H 7.7012 2L CNICREO PJG 38 - QC PJM 49 SHEET: 1 OF 2 16 SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EXHBM DESCRIPTION DRAINAGE EASEMENT PARCEL 2720E A PORTION OF LOT 14 OF SOUTH SHORE VILLAS AT CROWN POINTE. AS RECORDED IN PLAT BOOK 24, PAGE 65, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE N89- 59.32 "E ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 7, A DISTANCE 287.89 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WEST LINE OF TRACT "D -1" OF THE AFOREMENTIONED SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH LINE OF THE SOUTHEAST 1/4; THENCE N09'59'32 "E, ALONG SAID WEST LINE OF TRACT "D -1', 174.71 FEET TO THE POINT OF BEGINNING; THENCE N70'0028 "W, 8.12 FEET; THENCE N09'S9'32 "E, 20.80 FEET TO A POINT ON A NON— TANGENT CURVE ON THE NORTH LINE OF SAID LOT 14; THENCE ALONG SAID NORTH LINE OF LOT 14 THE FOLLOWING TWO (2) COURSES: 1) SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 3.54 FEET, A DELTA ANGLE OF 06'46'12 ", A CHORD LENGTH OF 3.54 FEET, AND A CHORD BEARING OF S86'37'08 "E; 2) N89'59'46 "E, 4.55 FEET TO THE AFOREMENTIONED WESTERLY LINE OF SAID TRACT "D -1 "; THENCE S09'59'32 "W, ALONG SAID WESTERLY LINE, 23.41 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 176 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, SAID LINE BEARS N8959'32 "E. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J -17, FLORIDA ADMINISTRA PURSUANT TO SECTION 472.027, FLORIDA STATUTES. TIVE CODE, THIS SKETCH AND LEGAL DESCRIPTION NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ©2011 ATKINS NORTH AMERICA, INC. UCEA D BUSINESS 24 Ale R� 194TS- -KSERVED Peter J. MSttson Professional Surveyor & Map per Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH ATKINS wA .PA°L 07 ATKINS NORTH AWRICA, INC (813)202-7275 FLORIQA CE0177FICATE OFAUTHORIZATION NUMBER L824 LELY AREA STORM WATER IMPROVEMENT PROJECT (LASIP 198) DRAINAGE EASEMENT SKETCH AND DESCRIPTION NOT A BOUNDARY SURVEY ORIGDIAL: 10- 93.2011, ,a, NO. -9-em KIN REVISS: DRAW" PAM L �M 7.10-7 1E CHECKED PJM 30 QC PJM 48 1 SHEET: 2 OF 2 16A 3 1 PROJECT: LASIP Haldeman Ditch /Crown Pointe Weir Project PARCEL No(s): 272TCE FOLIO No(s): 74380000361 TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT (hereinafter referred .to as the "Agreement ") is made and entered into on this 12+�, day of V\gxv-c-� , 20_L-L, by JAMES DIMINO and JENNY A. DIMINO, husband and wife, whose mailing address is 3084 West Crown Pointe Boulevard, Naples, Florida 34112 -5431, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County "), whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112. WHEREAS, County requires a Temporary Easement for drainage and utility facilities 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 County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $500.00 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 irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and 16A 3 Page 2 notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents "): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and /or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W -9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which 16A 3 Page 3 affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, and all easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in paragraph 2 which may be required by any mortgagee, lien- holder or other 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. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 9. Owner agrees to grant the TCE for the purpose of constructing public facilities adjacent to this area. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of Haldeman Ditch /Crown Pointe Weir Project #51101, and shall automatically terminate 1,095 days therefrom. i 16A Page 4 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County, 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.) 12. Conveyance of the Easement by Owner, or any interest in the property underlying the Easement, is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 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 COUNTY: DATED: ATTE T 'y/f'BRO /k/ ,1/ ��:A 1 , fm as fe GN 100Q*F'6*. BOA F CfN, COMMISSIONERS COL RE LOR IDA BY: Georgia A. Hiller, Esq. Chairwoman 34 AS TO OWNER: DATED: a4z�� �-- ness (Signature) Name (Pri or ype) 4s itn (Si nature) AK3A-,�LEff Name (Print or Type) e'ss (Si nature) e 4(Prdt r TypeWitn ature) 'so L)�5Pf ejKx!VJ Name (Print or Type) Approved as to form and legal sufficiency: mily R. pin Assistant County Attorney Last Revised: 04 /23/2012 16A 3 • � w JENNY . DIMI CO Page 5 16A 3 N / I TRACT "A" "K" r E I TRACT / S O 15 30 GR"P"IC sm I / EX 1.. 30' 100 tUl um ZG @wl's WAIL ,%9 p ,.,.._�.... LEGEND / D.E. P.B. / P.B. .: PLAT BOOK PG. - PAGE 24 PG. 66� L =3.54' P.O.B. - POINT OF BEGINNING R= 30.00' / P.O.C. - POINT OF COMMENCEMENT D.E. - DRAINAGE EASEMENT Aa6'46'12" " " TRACT A TCE - TEMPORARY CONSTRUCTION / CB- NB6'37'08"W / EASEMENT C =3.54' L =6.88' $89'59'46"W / R= 30.00' P.O.B. 4.55' A- 13'07'50" P.O.C. / CB- S76'38'48 "E N.E. CORNER C -6.86' OF LOT 14 12 / ZN09'OE8'14 S09'59'32"W "E 20.80' 36.09' S7900'28 "E 8.12' SOW59'32"W 13.25' 13 N80'51'46"W 1 14.31' 272TCE 347 SF 15 "' —40' D.E. P.B. 24 PG. 66 14 TEMPORARY CONSTRUCTION EASEMENT DURATION TVj O YEARS LEGAL DESCRIPTION — PARCEL 272TCE A PARCEL OF LAND LYING ON LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE. AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE. AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S89'59'46W FOR 4.55 FEET TO THE BEGINNING OF A TANGENTIAL CURVE. 2) THENCE 3.54 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 06'46'12 ". AND WHOSE LONG CHORD BEARS N86'37'08'1V FOR A DISTANCE OF 3.54 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. THENCE LEAVING THE NORTHERLY BOUNDARY OF LOT 14, SOUTH SHORE VILLAS AT CROWN POINTE. AS RECORDED IN PLAT BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. S09'59'32"W FOR 20.80 FEET; THENCE S70'00'28 "E FOR 8.12 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 14; THENCE S09'59'32W FOR 13.25 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 14; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID LOT 14, N80'51'46"W FOR 14.31 FEET: THENCE N09'08'14 "E FOR 36.09 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 14, ALSO BEING THE BEGINNING OF A NON- TANGENTIAL CURVE: THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, 6.88 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 13'07'50 ", AND WHOSE LONG CHORD BEARS S76'38'48 "E FOR A DISTAOCE 9F 6.�6 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW 3 A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 D TE f SIGNED DEC 0 5 2012 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. OunmD.r A 1012 J:Sp ti KA2012 \170077.00.00 14SW &%Cowwus SV v SorNeN \0001 IrorOrr &W Sometw \Croon Poinl ! 0r,1c+7M/ar \77770C.a"p PROJECT: LELY AREA STORM WATER IMPROVEMENT PROJECT (LAS1P 19B) SKETCH AND LEGAL DESCRIPTION WI PARCEL 272TCE: TEMPORARY CONSTRUCTION EASEMENT �tAt 8010 VYiow Puh pries. Suite 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS Na**. 5 �AX109 PIKxa:1239►597-0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 120022.00.00 0 7 50S 26E I. = 30' 11 /15/12 R.A.K. 272TCE 1 OF 1