Backup Documents 07/09/2013 Item #16C 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP a I n 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO EC I
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATCyIrer-
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**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 line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. •
2.
3. County Attorney Office County Attorney Office
1'12113
4. BCC Office Board of County C .!-=-
Commissioners \JQ /c)/ -1\\--4\
5. Minutes and Records Clerk of Court's Office
PL-ease re.-r .rri -tt) P.ea( I te "-IC_ 41/2-1/3 aFt-c CIt°l'Ks ctitestctiion. 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 Phone Number
c� '��9�� /Contact/ Department g Y)eir#,zi 1Y
Agenda Date Item was 9 c-cP/� Agenda Item Number /a (7) ,
Approved by the BCC / /
vvv
Type of Document /Mb a-Y LlGe-e-s3 c Number of Original One.--Attached GfCrec»xa�� Documents Attached On
PO number or account
number if document is N/j,
to be recorded !�'1
INSTRUCTIONS & CHECKLIST
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?
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. /4"
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. All handwritten strike-through and revisions have been initialed by the County Attorney's Nl�
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 ,
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 11,
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip / 1
should be provided to the County Attorney Office at the time the item is input into SIRE. NlA
Some documents are time sensitive and require forwardin o Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awar f your deadlines!
8. The document was approved by the BCC on a ter date)and all changes made �pra.Yf.4oF.
during the meeting have been incorporated in the attached document. The County ?f ulc:a i.
Attorney's Office has reviewed the changes, if applicable. I r'
9. Initials of attorney verifying that the attached document is the version approved by the '/ �� `%; F
BCC, all changes directed by the BCC have been made, and the document is ready for the : I -s a s i.
Chairman's signature. ic'lii`.Ftfla '
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
1607
MEMORANDUM
Date: July 15, 2013
To: Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Utility Access Easement Agreement/Folio #00431400004
Attached please find a copy of an Easement Agreement(Agenda Item
#16C7), as referenced above and approved by the Board of County
Commissioners on Tuesday, July 9, 2013.
The Minutes and Records Department has retained the original document
for the public record.
If you should have any questions, please call me at 252-8411
Thank you.
Attachment (1)
16C7
ITEM NO . 13-RPR-02466 DATE RECEIVED:
FILE N• :
ROUTED ' •• _
REQUEST FOR LEGAL SERVICES
DATE: July 10, 2013
TO: Office of the County Attorney
FROM: Marlene J. McLaughlin, Real Property Management
RE: Sabal Bay Force Main Project— Collier Land Development, Inc.
BACKGROUND OF REQUEST/PROBLEM:
Pink slip for routing to the BCC Chair for execution. Once executed and Clerk of Courts attested, have
the Agreement RETURNED TO REAL PROEPRTY IMMEDIATELY. We must process for payment to
the property owner and coordinate the "closing" (recordation of the easement and SCJ) without further
delay.
ENCLOSURES:
1. Utility and Access Easement Agreement.
ACTION REQUESTED: We respectfully request that you route the enclosed Agreement to the BCC
Chair and subsequent Clerk's attestation.
\N, f\,)
Project: Sabal Bay Force Main 1 6 C 7
Folio No.: 00431400004
UTILITY AND ACCESS EASEMENT AGREEMENT
THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into by and between COLLIER LAND DEVELOPMENT,
INC, a Florida corporation whose mailing address is 2550 Goodlette Road N., #100, Naples,
Florida 34103 (hereinafter referred to as "Owner"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual
non-exclusive Utility and Access Easement over, 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 Area") to the CCWSD for the stated purpose of constructing, maintaining and
operating utility facilities thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
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. Owner shall convey the Easement Area to CCWSD via a Utility and Access Easement,
in the form attached hereto (Attachment "1"), for the sum of Seventeen Thousand and
no 00/100 Dollars ($17,000.00), U.S. currency by County Warrant or wire transfer (said
transaction hereinafter referred to as the "Closing").
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property underlying the
Easement Area upon their recording in the Public Records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to the CCWSD on or before
the date of Closing.
3. CCWSD shall repair or replace at their cost any existing or future above ground/below
ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to
existing conditions or better due to the repair and/or replacement of the CCWSD owned
and maintained wastewater force main. Additionally, the Owner, its successors and
assigns, may utilize the Easement Area for access, and is allowed to construct site
improvements, including, and not limited to access roads, walls, signage structures,
utilities, landscaping, within the Easement Area.
4. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however, that CCWSD shall have the unilateral right to extend the
term of this Agreement for a period not to exceed sixty (60) days.
5. In any and all events, major construction is to be performed in accordance with the
contract between CCWSD and its contractor and is to be completed by December 31,
2013 with a onetime ninety (90) day extension request in writing no later than fifteen
(15) days prior to December 31, 2013. Any unforeseen reasonable administrative
extensions may occur in the event of force majeure.
6. Owner is aware and understands that the "offer" represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
7. Owner represents that to the Owner's knowledge, the Easement Area and all uses of
the Easement Area 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 Easement Area except as specifically disclosed to
CCWSD; that the Owner has no knowledge of any spill or environmental law violation on
any property contiguous to or in the vicinity of the Easement Area to be conveyed to
CCWSD; that the Owner has not received notice and otherwise has no knowledge of a)
any spill on the Easement Area, b) any existing or threatened environmental lien against
the Easement Area or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on the
16C7
Easement Area. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
8. CCWSD shall pay for all costs of recording the conveyance instruments in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and recording
costs for any curative instruments shall be borne and paid by Owner. The cost of a title
commitment shall be paid by CCWSD.
9. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from,
and to reimburse the CCWSD 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
CCWSD by reason or arising out of the breach of Owner's representation under Section
6. This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
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. Conveyance of the Easement Area by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
12. If the Owner holds the property underlying the Easement Area 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 Area before the
Easement Area held in such capacity is conveyed to Purchaser, its successors and
assigns. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for
sale to the general public, it is hereby exempt from the provisions of Chapter 286,
Florida Statutes.)
13. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
•
16C7
. .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: 13
AS TO CCWSD:
DATED: -7- /--/
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOD OF COLLIER
COUNTY AND AS EX-'a FFICIO THE
GOVE' I G =OAR►, OF THE COLLIER
.0_:aAlkAlgt. 0--64\4L4Di\- -
COU i E' - WER DISTRICT
BY:
A L ,
.,` '. liDutv Clerk G— gia A. Biller, Esq., Chairwoman:
Atte$WO costars
sigtnature( V,
AS TO OWNER:
DATED: .-(/Z.:Z!,z 13 COLLIER LAND DEVELOPMENT, INC.,
a Florid orp ration
f
�2c ;-., By: 'N..
Witness (Signature) /y
Name&6,,4---,r��..E- �'c�,6,-•9 Print Name: Pt/ t r C ( t-. , Otte
(Print or Type) I (,
/- Title: V 1 M 11 & (��!/1,
Wit ess (Signature) J I
Name:�F_ aoy2XF Ht 14. Sit i W d
(Print or Type)
Approved as to form and legality
.1. . 0�.� •-PiuL
Assis 1 t County Attorney
0
EXHIBIT _
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ExHi r A
Stantec -- -
LEGAL DESCRIPTION
Being a part of Section 19,
Township 50 South, Range 26 East, 1 6 C 7
Collier County, Florida
(Proposed Collier Utility Easement(C.U.E.)
BEGINNING at the Easterly most Corner of Tract"H", according to the Plat of Sabel Bay Commercial
Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier
County, Florida.
Thence along the Right of Way line of Tamiami Trail(US41)South 39°03'59"East 79.55 feet;
Thence leaving said Right of Way line South 50°56'01"West 15.00 feet;
Thence North 39°03'59"West 58.95 feet;
Thence North 84°04'07"West 7.93 feet;
Thence South 50°55'33"West 423.05 feet;
Thence South 28°25'33"West 29.42 feet;
Thence South 50°55'33"West 33.85 feet;
Thence South 62°10'33"West 15.38 feet;
Thence South 50°55'33"West 114.07 feet;
Thence North 74°11'12"West 43.93 feet;
Thence North 39°02'44"West 11.29 feet;
Thence North 89°48'16"East 51.36 feet;
Thence North 50°55'33" East 107.20 feet;
Thence North 50°55'33"East 7.74 feet to a point on the Boundary of said Tract"H".
Thence along said Boundary for the following seven (7)described courses:
1. North 50°55'33"East 99.46 feet;
2. 11.10 feet along the arc of a non-tangential circular curve concave northwest having a radius of
20.00 feet through a central angle of 31°47'18"and being subtended by a chord which bears
North 66°49'12"East 10.95 feet;
3. North 50°55'33"East 17.08 feet;
4. 28.53 feet along the arc of a circular curve concave northwest having a radius of 52.00 feet
through a central angle of 31°26'25"and being subtended by a chord which bears North
35°12'20"East 28.18 feet;
5. North 19°29'07"East 4.70 feet;
6. 4.39 feet along the arc of a circular curve concave southeast having a radius of 8.00 feet through
a central angle of 31°26'25"and being subtended by a chord which bears North 35°12'20"East
4.34 feet;
7. North 50°55'33"East 449.00 feet to the POINT OF BEGINNING.
Containing 0.26 acres or 11,121 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the easterly line of said Tract"H", being North 50°55'33"East.
Certificate of authorization#LB-7866
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors C=::: *"
By: Date: February 4, 2013
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2D-122FM
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 c 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**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 line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
1 ute to Addressee(s) (List in routing order) Office Initials Date
1.
—
2.
3. County Attorney Office County Attorney Office �i ,.� --(11R113
4. BCC Office Board of County C\-\`�7\1'
Commissioners t
5. Minutes and Records Clerk of Court's Office
0-6�s� Ve-ha,rn-tD e.-cat Prti "ie-- Q�z i3
O tta- �S a�'ppS -ice PRIMARY CONTACT INFORMATION
Normally the primary contabt�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 yy�,, / Phone Number
Contact/ Department l arIO re • - 1117
Agenda Date Item was , Agenda Item Number
Approved by the BCC 4j 2D13 L !b L' 4)
Type of Document 0741 Ot7d 4�Ge C7 s Number of Original
Attached etrec '► eer/- Documents Attached one__—
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (I 'dal Applicable)
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. rA
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.
l.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board A.Vtotk
–
5. The Chairman's signature line date has been entered as the date of BCC approval of the
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 le
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
I
should be provided to the County Attorney Office at the ti e the item is input into SIRE. ,l j�
Some documents are time sensitive and require forwardin to Tallahassee within a certain /"
time frame or the BCC's actions are nullified. Be awar of your deadlines!
8. The document was approved by the BCC on ifa nter date)and all changes made t '
during the meeting have been incorporated in the attached document. The County U
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 the ,,
Chairman's signature. = V .; ,,,
1: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
16C7
MEMORANDUM
Date: July 15, 2013
To: Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Utility Access Easement Agreement/Folio #00395680106
Attached please find a copy of an Easement Agreement(Agenda Item
#16C7), as referenced above and approved by the Board of County
Commissioners on Tuesday, July 9, 2013.
The Minutes and Records Department has retained the original document
for the public record.
If you should have any questions, please call me at 252-8411
Thank you.
Attachment (1)
1607
ITEM N•.: 13-RPR-02466 DATE RECEIVED:
FILE NO..
ROUTED T•.
REQUEST FOR LEGAL SERVICES
DATE: July 10, 2013
TO: Office of the County Attorney gp
FROM: Marlene J. McLaughlin, Real Property Management
RE: Sabal Bay Force Main Project—Minto Sabal Bay, LLC property
BACKGROUND OF REQUEST/PROBLEM:
Pink slip for routing to the BCC Chair for execution. Once executed and Clerk of Courts attested, have
the Agreement RETURNED TO REAL PROEPRTY IMMEDIATELY. We must process for payment to
the property owner and coordinate the "closing" (recordation of the easement and SCJ) without further
delay.
ENCLOSURES:
1. Utility and Access Easement Agreement.
ACTION REQUESTED: We respectfully request that you route the enclosed Agreement to the BCC
Chair and subsequent Clerk's attestation.
• \A\
Project: Sabal Bay Force Main 1 6 C
Folio No.: 00395680106
UTILITY AND ACCESS EASEMENT AGREEMENT
THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into by and between MINTO SABAL BAY, LLC, a Florida
limited liability company whose mailing address is 4400 W. Sample Road, Suite 200, Coconut
Creek, Florida 33073 (hereinafter referred to as "Owner"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual
non-exclusive Utility and Access Easement over, 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 Area") to the CCWSD for the stated purpose of constructing, maintaining and
operating utility facilities thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
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. Owner shall convey the Easement Area to CCWSD via a Utility and Access
Easement, in the form attached hereto (Attachment "1"), for the sum of one
thousand dollars and no 00/100 Dollars ($1,000.00), U.S. currency by County
Warrant or wire transfer (said transaction hereinafter referred to as the "Closing").
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the property underlying
the Easement Area upon their recording in the Public Records of Collier County,
Florida. Owner shall provide such instruments, properly executed, to the CCWSD on
or before the date of Closing.
3. CCWSD shall repair or replace at their cost any existing or future above
ground/below ground improvements such as landscaping, walls, signs, access
roads, utilities, etc., to existing conditions or better due to the repair and/or
replacement of the CCWSD owned and maintained wastewater force main.
Additionally, the Owner, its successors and assigns, may utilize the Easement Area
for access, and is allowed to construct site improvements, including, and not limited
to access roads, walls, signage structures, utilities, landscaping, within the
Easement Area.
4. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however, that CCWSD shall have the unilateral right to extend
the term of this Agreement for a period not to exceed 60 days.
5. In any and all events, major construction is to be performed in accordance with the
contract between CCWSD and its contractor and is to be completed by December
31, 2013 with a onetime 90 day extension request in writing no later than 15 days
prior to December 31, 2013. Any unforeseen reasonable administrative extensions
may occur in the event of force majeure.
6. Owner is aware and understands that the "offer" represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of
Collier County, Florida.
7. Owner represents that to the Owner's knowledge, the Easement Area and all uses
of the Easement Area have been and presently are in compliance with all Federal,
State and Local environmental laws; that to the Owner's knowledge, no hazardous
substances have been generated, stored, treated or transferred on the Easement
Area except as specifically disclosed to CCWSD; that the Owner has no knowledge
of any spill or environmental law violation on any property contiguous to or in the
vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Easement
S
. ,
16C7
Area, b) any existing or threatened environmental lien against the Easement Area or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Easement Area. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
8. CCWSD shall pay for all costs of recording the conveyance instruments in the
Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by Owner.
The cost of a title commitment shall be paid by CCWSD.
9. Owner shall indemnify, defend, save and hold harmless the CCWSD against and
from, and to reimburse the CCWSD 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 CCWSD by reason or arising out of the breach of Owner's
representation under Section 6. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
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. Conveyance of the Easement Area by Owner is contingent upon no other
provisions, conditions, or premises other than those so stated above; and the 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.
12. If the Owner holds the property underlying the Easement Area 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
Area before the Easement Area held in such capacity is conveyed to Purchaser, its
successors and assigns. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
13. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
[The remainder of this page intentionally left blank.]
2
. . ,
16C7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: 'X1
AS TO CCWSD:
DATED: -7-4?-1-3
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY QF COLLIER
COUNTY AND AS E -OFFICIO THE
GOV -NING BOA' ' OF THE COLLIER
COU 'TY • ER '•EWER DISTRICT
` e - . i 4 . BY: i I i
Attest as to ChairRli, $,y Clerk t eort w 7 Filler, Esq., Chairwoman
signature only. ' .k'' y`'
"B
Approved as to form and
legal sufficiency:
4116 * IP - , ,
1 .
- ily R. P:4•in
Assistant County Attorney
AS TO OWNER:
DATED: 5 11 2013 MINTO SABAL BAY, LLC,
a Florida limited liability company
lije � By:
Wit ir s (SSiana re)
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(Print or Type)
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WEOSTEBRLYMOST CORNER of TRACT 'H• THOMASSON DRIVE
<' SABAL B A Y COMMERICIAL PLAT-PHASE O N E
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LEGAL DESCRIPTION
Being a part of Section 19, 1 6 C
Township 50 South, Range 26 East and
Section 24, Township 50 South, Range 25 East
Collier County, Florida
(Proposed Collier Utility Easement(C.U.E.)
BEGINNING at the Westerly most Corner of Tract"H",according to the Plat of Sabal Bay Commercial
Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier
County, Florida.
Thence along the Boundary of said Tract"H", in the following five(5)described courses:
1. 41.47 feet along the arc of a circular curve concave southwest having a radius of 38.50 feet
through central angle of 61°43'19"and being subtended by a chord which bears
South 62°38'56"East 39.50 feet;
2. South 31°47'17"East 59.53 feet;
3. 216.74 feet along the arc of a circular curve concave north having a radius of 135.50 feet through
a central angle of 91°38'52"and being subtended by a chord which bears South 77°36'43"East
194.36 feet to a point of reverse curvature;
4. 119.05 feet along the arc of a circular curve concave south having a radius of 138.50 feet through
a central angle of 49°15'00"and being subtended by a chord which bears North 81°11'21"East
115.42 feet;
5. South 74°11'12"East 586.65 feet;
Thence leaving said Tract"H"boundary South 50°55'33"West 7.74 feet;
Thence South 89°48'16"West 51.36 feet;
Thence South 39°02'44"East 11.29 feet;
Thence North 74°11'12"West 542.06 feet;
Thence 95.86 feet along the arc of a non-tangential circular curve concave south having a radius of
111.29 feet through a central angle of 49°21'02"and being subtended by a chord which bears
South 81°11'22"West 92.92 feet;
Thence 259.93 feet along the arc of a non-tangential circular curve concave north having a radius of
162.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears
North 77°36'43"West 233.09 feet;
Thence North 31°47'17"West 56.86 feet;
Thence North 61°06'26"West 44.29 feet to the Easterly Right of Way line of Thomasson Drive according
to said plat;
Thence along said Right of Way line 28.50 feet along the arc of a non-tangential circular curve concave
northwest having a radius of 810.00 feet through a central angle of 02°00'58"and being subtended by a
chord which bears North 62°19'01"East 28.50 feet to the POINT OF BEGINNING.
Containing 0.62 acres or 27,154 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the easterly line of said Tract"H", being North 50°55'33"East.
Certificate of authorization#LB-7866
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: Date: February 4, 2013
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2D-122FM