Backup Documents 05/14/2013 Item #16A 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI� L A 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATIIRF
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* *NEW ** ROUTING SLIP
Complete routing lines #1 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 tine through mating lines #I through #2_ comnlete the checktist_ and forward to the C'•cnmty Attornm Office
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
5 -14 -2013
Agenda Item Number
16A3
3. County Attorney Office
County Attorney Office
S(-Z) b.
VV4
S l M k3
4. BCC Office
Board of County
Commissioners
G H
b( A /S
5 17 13
5. Minutes and Records
Clerk of Court's Office
Documents Attached
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 contact staff for additional or missing information.
Name of Primary Staff
Sonja Stephe on
Phone Number
252 -5880
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
5 -14 -2013
Agenda Item Number
16A3
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
SS
Type of Document
Agreement
Number of Original
1
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
N/A
SS
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
SS
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
SS
2.
Does the document need to be sent to another agency for additional signatures? If yes,
SS
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
SS
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
SS
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
SS
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
SS
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
SS
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. Be aware of your deadlines!
8.
The document was approved by the BCC on 5- 14-2013 and all changes made during
SS
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for e
(
Chairman's signature.
v
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Ann P. Jennejohn 16A3
From: Ann P. Jennejohn
Sent: Monday, May 20, 2013 9:30 AM
To: Stephenson, Sonja
Subject: Parcel 122TCE (Item #16A3 5 -14 -13 BCC Meeting)
Attachments: Parcel 122TCE Easement Purchase Agreement.pdf
Hi Sonja,
Attached for your records, is a copy of the Falling Waters Easement Purchase Agreement (Parcel 122TCE)
for U541 /Collier Boulevard Project No. 60116 that was approved by the Board last Tuesday, May 14, 2013.
Hope everything's going well for you over there O
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
PROJECT: US -41 Collie- Soulovard Intersection Improvements (601 16)
PARCEL No(s): 122TCE
FOLIO No(:.): 00726722701
EASEMENT PURCHASE AGPEEM' NT
THIS EASEMENT AGREE ENT (hereinafter referred 'o as the "Agreement ") is
made and entered into on this day of.�Q�_ J 13 , by and between
FALLING WATERS BEACH RESORT MASTEW ASSOCIATION, INC., a corporation
existing under the laws of the State of Florida, whose mailing address is c/o The Compass
Management Group, 3701 Tamiami Trail North, Naples, Florida 34103 (hereinafter
referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Traii East, c/o the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "),
WHEREAS, County requires a Temporary Non - Exclusive 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 roadway, sidewalk, drainage and utility facilities within the public right -of -way
immediately adjacent thereto; and
WHEREAS, Owner desires to convey the TCE 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 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
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 TCE to County for the sum of:
$1,700.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the TCE 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 TCE, and to remove all
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said TCE to County, including all attorneys' fees, expert witness
fees and costs as provided for in Chapter 73, Florida Statutes, provided however that
Collier County shall pay attorney fees to Jennifer A. Nichols, Esq., Roetzel &
Andress, 850 Park Shore Drive, Naples, FL 34103, in the amount of $1,250.00 for
counsel to Owner.
3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications
encumbering the TCE, the execution of such instruments which will remove, release or
subordinate such encumbrances from the TCE 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 "):
16A3
16A3
Page 2
(a) TCE instrument;
(b) Instruments required to remove, rel ;ase or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the TCE;
(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.
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." County
shall pay all closing costs in connection with this Agreement, if any.
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 TCE, to enter into and to execute this Agreement, to execute,
deliver and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform all
tasks required of Owner hereunder and to consummate the transaction
contemplated hereby.
(b) The provisions of this Agreement shall survive closing and are not deemed
satisfied by County's acceptance of the TCE
(c) No party or person other than County 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 County to such conveyance, encumbrance,
or agreement, which consent may be withheld by County for any reason
whatsoever.
(e) 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 ro hazardous substances have been generated,
stored, treated or transferred on the property underlying the TCE 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 TCE 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 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
i
16
Page 3
hazardous �uLstanc.s on the property underlying the TCE. This provision
shall survive C;osing and is not deemed satisfied by conveyance of title.
7. County shall pay all fees 'o record ai-y curative instruments required to clear title, and
all TCE instrument recording tees. 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 TCE
8. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both pa; "ies 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.
9. 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, Owne, 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 TCE before the TCE 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.)
10. Conveyance of the TCE, or any interest in the property underlying the TCE, by Owner
is contingent upon no other provisions, conditions, or premises other than those so
stated herein; and this written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the parties, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein. No modification, amendment or
cancellation of this Agreement shall be of any force or effect unless made in writing
and executed and dated by both Owner and County.
11. 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.
12. 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: MQ '- 013
, - A*EST� r'!�j� BO (RD O C N COMMISSIONERS
DWIGHt'E t O:CK, Clerk CO O T FLORIDA
BY
GEORGIA A. HILLER, ESQ., Chairwoman
a to ainnan's
3
16A3
Page 4
AS TO OWNER:
FALLING WATERS BEACH RESORT MASTER
ASSOCIATION, INC., a corporation existing
unc:er the laws of the State of Florida
OATS
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Name (Print orT e)
(Print Name & Title)
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Name (Print or Type)
Approved as to form and
legal sufficiency:
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A stant County Attorney
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OGSTINO Rw
122TICE
481 S�
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LEGEND
RW RICKI'—OF—WAY
OR OFFICIAL RECOPOS BOOK
F'S PLAT ,
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PAGE
Poe PONT OF lic'
& FDC POINT OF COMMENCEMENr BEGIN[Ni
NO, NUMSEP
a. C.R. - COUNTY ROAD
LEGAL DESCRIPTION PAPCEL 122TCE AXA - ALSO KNOWN All
A PARCEL OF LAM LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED As FOLL01Z
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY Or A 100 FOOT WIDE ACCESS EASEMENT AS
DESCRIBED iN CFFICIAL RECORDS BOOK 3004, PAGE. 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT WIDE
-OF WAY CONVEYANCE RECORDED IN' OFFICIAL RECORDS BOOK 1938, PACE 709. BOTH OF THE PUIBLIf RECORDS
OF COLLIER COUNTY, F! - ORICA; AL -
THENCE N35'42'19"E FOR 96,15 FEET ALONG THE EASTERLY BOUNDARY OF SAID SO FOOT WIDE RIGHT--OF-WA•
CONVEYANCE;
THENCE LEAVING SAID EASTERLY soL)NOAR-1 S54'17'41"E FOR 5.00 FEET;
THENCE S33 42'19"A' FOR 96.15 FEET;
1HENCE N54*17'WW MR 500 FEET. 0 THE POINT OF BEGINNING V THE PARCEL HEREIN DESCRIBED.
CQ-TTAINING 481 SQUARE FEET MORE OR Lf-Kl- 5kBJEC' TO EASEMENTS AND RESTRICTIONS OF REQQRD.
TEMPORARY
CONSTRUCTION EASEMENT
DURATION YEARS.
... ... - --------- . ......
A. WARD PROFESSCNAi. LAND SURVEYOR LS# 5301 'cATE SIGNED
NOT VALID WITHOUT 1"HE MGiNAL SIP,'AIJRE & RAISE*D "EMBOSSED SUL DF A FLORIDA REGITE-RED PROFESSIONAL
SVRVEYOR AND MAPPER. THIS IS NOT A 5URVE`�,
Patti jECT:
SKETCH AND LEGAL DESCR117?0N
PARCP.,*L 122TCF.:
'TEMPORARY CONSTRUCTION EASEMENT
TY (70#fV fiJO.NYRS
t -EPARE"' FOR: COWER C0VN7- GOVERNMENT/FOARD Of C.()UN
ib
S 26E I 1' 40 SKD-122TCE I