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Backup Documents 01/25/2011 Item #10L ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 10L Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing Jines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 2. - ..~~_.----~------...-'- 3. 4. --- \l"b l \ l \ 5. Ian Mitchell, BCC Supervisor Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) 6. Minutes and Records Clerk of Court's Office Name of Primary Staff Robert Bosch, ROW Coordinator, Tpt. Eng. Phone Number 252-5843 Contact Agenda Date Item was January 25;' 2011 Agenda Item Number lOL Approved by the BCC Type of Document Resolution ~f--d3 Number of Original One Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! The document was approved by the BCC on 1/26/11 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A plicable) 2. 3. 4. 5. 6. ::fJ. ~ N/A ,o.C) .-.., ~::""-6 17 ;./ ) ''-..-" I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 10L RESOLUTION NO" 2011- 12- A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS KNOWN AS THE OUTFALL 3 AND 4 SEGMENTS OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT. (PROJECT NO. 51101") WHEREAS, on June 8, 2004, the Board of County Commissioners of Collier County, Florida adopted Resolution No. 2004-205, authorizing the acquisition by gift or purchase of land and easements required for the construction of stormwater improvements known as the Lely Area Stormwater Improvement Project ("LASIP"), located in east Naples; and WHEREAS, since the adoption of the aforesaid resolution several segments of the LASIP project have been designed and permitted, the land and easements have all been acquired, and in most cases the construction has already been completed; and WHEREAS, plans and specifications have been prepared for construction of stormwater improvements known as the Outfall 3 and 4 segments ("Outfalls 3 and 4") of LASIP, which require easements to be acquired before construction may begin; and WHEREAS, estimates of the cost of easement acquisition required for Outfalls 3 and 4 have recently been completed; and WHEREAS, the Board of County Commissioners, after considering the current estimated cost of acquiring the property rights necessary to begin construction on Outfalls 3 and 4, desires to reaffirm the delegation of authority to acquire said easements by gift or purchase; and WHEREAS, the acquisition of the easements and the construction of Outfalls 3 and 4, within the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is in the best interests of the citizens of Collier County. IOl NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that construction of stormwater improvements known as the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, Project No. 51101, is necessary and is in the best interest of the citizens of Collier County. 2. The acquisition of various easement interests required for the construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Community Affairs. 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of Drainage Easements, Drainage Access and Maintenance Easements, and Temporary Construction Easements to enable construction of stormwater improvements known as the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, within the Project boundaries identified in Exhibit "A" (attached hereto and by reference made a part hereof), and the County Manager or his designee is hereby authorized and directed to acquire said easements by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners for the easements required to construct the project, which offers shall be based upon estimates of the market value of the subject real estate which have been developed by licensed state-certified general real estate appraisers. 5. In view of the differences of opinions between real estate appraisers regarding market value and full compensation to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve purchases of easements -Page 2- 10l where the property owner has agreed to sell to the County at, or up to twenty five percent (25%) above the County's full compensation estimate, with the maximum approval authority not to exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby authorizes the approval and execution of Closing Statements related to said transactions by the County Manager or his designee. Any and all purchases in excess of one hundred and twenty- five percent (125%) of the appraiser's full compensation estimate, or in excess of $50,000 above the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute easement agreements, utility subordination and facility relocation agreements, and/or other documents approved by the Office of the County Attorney to close real estate transactions, where the property owner has agreed to sell to the County at appraised value, or within the parameters stipulated in Paragraph 5 (above). 7. Said authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner(s) of record, to title companies and attorneys closing real estate transactions, and to others who may possess an equitable interest in the subject real property parcels in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby -Page 3- IOl authorized to record in the Public Records of Collier County, Florida, conveyance instruments such as easements, as well as any other instruments that may be required to remove, release or subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive notice of the County's interest in real property. This Resolution, adopted on this :1 S- T~ day of T/'t r\.\ Lt A ~ , 20 I' . after motion, second and majority vote. ATTEST:<>~::, '..... .}t. DWIGEtf E.BROCK,,~LERK ..t .'.' .,~-~. v' ,-' .'" 'C , , ~; ,,~:: ~,~t- 'Attbt .ft: .\ ~:~- ...~_.,. '~."'.";J"-' ..... . " . ~...~ \1';; .'- '1'. \;1\ '", .f BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FR~O~E,~ Approved as to form and ~:/'~ Assistant County Attorney ltem# to l Agenda (-([5 --'7 if"\ I Date tAU -Page 4- \ EXHIBIT A IOl PROJECT LOCATION MAP (EASEMENT ACQUISITION AREAS BORDERED BY DASHED LINES) ::>~ ~~.~~~ z0 "<'~ :<'u":! .>~ ~ O~ ~ ~ ~ ~ 0 ~~ ~ ~ .. .. ~"<:) ... .. . . . ~~: ~'t-~ .. ... ~ . .~ '<(yO ~~ ... . .. ~~ . . . ~ ~?": . · ~<Y -<..~ . : '< - . . . . . . . . . . . . . . . ... . . . . . . . . . . ---- ... .. . . . . . . . . ~\ . . . .. , ~.I . . . t' . r# --I . . . . . . . . . . . ~ . - . . . . . . . . . I / - ~ . ~ . . . MjIf .--- . . . ..J / . . . . . ..J . . w . . z <C . . . <( . . . ....I U. . . ..J · . w . . . ....I l- . . . Ii: . ..J . ::J . . . . . - > ~ <C . :::!!E 0 . I . . . w U. . . . z . <( I- - . - . . "---.J . ....I ::J . . . CI) . . . . CI) 0 . . . . w . . . 0::: . . 0.. . . - . > . . . U '-----.J . . . . . L- . . . . - . . . . . . . . . . . . - . . . I . . . . . . . . . . I -- . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . ( \ . . I - . . . . . y . . . . CJ) . . . . . . . . . . . . . . l 1 LASIP PHASE 1 B SOUTH CANAL r-::- . II ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10 L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUU . Print on pink paper. Attach to original lhKumCIlI. OngHlal dtl;:llilh.:llL, -.hould he iWild ddivcrcd I\' the l\')illd OtliCt; !hl' completcd routing slip ,md original documents an.: 10 be forwarded 10 the !Llard Oth.::c 0111\ llltt.! lh~~ BO~;\ld ha~ laken :l,'lion Oil Ol\.' lL'Ill,1 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. andJor inlommtion needed. [fthe document is already complete with the exce tion of the Chairman's si nature, draw a line thmu h routin lines # I throu #4, com lete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) Office Initials Date List in routin order 1. __.._____._.__m._._ ,.1 , --. _._----,~--- -- 2. _ ...._..._____'______,...__.m_.__^,._ _~ '/-/1 3. .....---- -- (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one (lfthe addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached --.----- 4. 5. Ian Mitchell, BCC Supervisor Board of County Commissioners Yes (Initial) N/A(Not A licable) 6. Minutes and Records Clerk of Court's Office !II/! I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sutficiency. (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. This includes signature pages from ordinances, resolutions, ete. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been tully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final oe 'otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware ofvour deadlines! The document was approved by the Bee on ,-,)15- / I (enter date) and all changes made during the meeting have been incorponited in the attached document. The Count Attorne 's Office has reviewed the chao es, if applicable. 2. 3. 4. 5. 6. lOL MEMORANDUM Date: April 4, 2011 To: Deborah Farris, Property Acquisition TECM Department From Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement - Project #51101 LASIP Parcel #188DAME Attached for your records, is a copy of the document of the amended agreement referenced above (Agenda Item #10L) approved by the Board of County Commissioners on January 25, 2011. The Original has been kept by the Minutes & Records Department as a part of the Board's Official Records. If you should have any questions, please call me at 252-8411. Thank you. I.G L PROJECT: 51101 LASIP PARCEL No(s): 188DAME FOLIO No(s): Portion of #60781820002 Portion of #60781840008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 31sf day of 1l1/1ir.: c h , 2011, by and between ROBERT J. CAMPBEll, a single man, whose mailing address is 5331 Myrtle Lane, Naples, Florida 34113-8526 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, clo the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual, non-exclusive drainage, access and maintenance 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 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: 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 County for the sum of: $4,000.00 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 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. 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 County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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: lOL (a) Drainage, Access and Maintenance 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 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 from the date of execution of this Agreement by the County; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. Such right to extend may be exercised by the County Manager or his designee for an additional term not exceeding ninety (90) days without further Board action. All additional extensions must be Board approved. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 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. ~als Easement Agreement Page 2 of 5 lOL (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 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. ~tialS Easement Agreement Page 3 of 5 lOL 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 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. 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, 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. 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. ~itials Easement Agreement Page 4 of 5 lOLl. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: M;orch 31. 2011 ATTEST;, ; DWJGH'r'E;:~K, Clerk ~(' .~ . ..... .'_.:~ ' kC ..Attest .~~"i)~IEVk f~atur."Qnl A , " ".1 :), BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '~W. ~. FRED W. COYLE, Chat AS TO OWNER: DATED::? - J/ - ,2{)/1 ./111" 1Ilt,y' Wi ess (Signatyr7) 7 )d,(({ct Hflr;:j,:v Nam ~P( t;zrTv,) , .. .! /~ ~~ Z;{:~W? Witness (Signature) IJe~{:K/tll/;P/;/i; Name (Print or Type) Approved as to form and legal sufficiency: AJ=-7. ~-L -/,;> ..,.\\ Assistant County Attorney '\... Ilcm# tD t . ligen G., I I_.......J I ( Dme ~ Dale. '-1/, /, Rec a 2.f.LI-L 1!!l!Jnitials Easement Agreement Page 5 of 5 Deputy C:~lk lOL PROJECT NO. LASIP - 51101 PROJECT NAME: Naples Manor Outfalls 3 and 4 PROJECT PARCEL NO.188DAME (A PORTION OF FOLIO NOS. 60781820002 & 60781840008) LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A Perpetual, Non-Exclusive Drainage, Access and Maintenance Easement over, under, upon and across the South 10 feet of the North 40 feet of Lots 15 and 16, Block B, Myrtle Cove Acres Unit No. 1, according to the plat thereof recorded in the public records of Collier County, Florida, in Plat Book 3, Page 38. 30 FOOT DRAINAG EASEMENT (BY PLATl). ~4t&: WAW'..,(W#AW'4t&: ~$..w~AY"'(w..,(W~ THE SOUTH 10 FEET OF T E NORTH 40 FEET OF LOTS 15 & 16. BLOCK B. MYRTLE COVE CRES LOT 15 BLOCK B LOT16 BLOCK B N ~, . WJSIVE AND fA5EMEKT PBPETUAL. EXHIBI PIle. / A of I SKETCH NOT TO SCALE COllier County Growth Management Division - Transportation Engineering Department 11/181101:48 PM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 P,int on pink paperTA~ ~~~C~!S~~d~C~'~?~'~h~~~,~?e~!~ t~~!r~~~c~~~o~~~~~u~n~and ,JJ.L documents arc to be t{lrwarded to the Board OHlce only aftt!: the Board has tak~~n action on the item I ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ! i exceDtioo of tile Cbainnan's si..8lure. draw a line Ihrow!h routin.lines # I tbn...h #4, r=nlete tile checklist. and forward to Ian Mitchelllline #5). Route to Addressee(s) Office Initials Date (List in lOutio. order) 1. --'---. . .-' . -~ '- -- . - . 2. - --'-. '. .--' . ~,~ - -. . -- - 3. ._ .'--. ....- ---- ......... "'-. '- -... -. 4. Jeff Wright, Asst. Co. Atty. Office of the County Attorney 5. Ian Mitchell, BCC Supervisor Board of County Commissioners L tffp/I{ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. 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, including Ian Mitchell, need to contact stafffor additional or missing information. All original documents needing the Bce Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A ved b the BCC Type of Document Attached Phone Number Agenda Item Number 252-5805 JOL Yes (Initial) N/A (Not A licable) 01/25/201] (Resolution 201 1..23) Easement A Number of Original Documents Attached c; ,(>A-. j) -~ /'" . ;, tf" /l,/ It- /" Li-.' / \. (1' ernent I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 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 ofthe County Attorney. This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages tram contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si alure and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours ofBCC approval. 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 our deadlines! The document was approved by the BCC on 1125/2011 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan 05, if a Ikable. I: Forms! County Formsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Re'\o'ised 1.26.05. Revised 2.24.05 2. 3. 4. 5. 6. lQL MEMORANDUM Date: April 6, 2011 To: Rebecca Harding, Property Acquisition TECM/ROW From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement Parcel #184DAME Project: LASIP Outfall 3 & 4 (Project #51101) Folio #60781680006 Attached, for your records you will find a copy of the document referenced above, (Agenda Item #10L), approved by the Board of County Commissioners January 25, 2011. The original document will be held in the Minutes & Records Department as part of the Board's Official Records. If you should have any questions, please contact me at 252-8411. Thank you. Attachment (I) PROJECT: PARCEL No.: FOLIO No.: lOL LASIP Outfall 3 & 4 (# 51101) 184DAME 60781680006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (herei~ referred to as the "Agreement") is made and entered into on this -j/?!:.- day of If'el-l-, 20.lL, by and between WARREN B. WRIGHT, individually, and as Trustee of THE WRIGHT FAMILY REVOCABLE LIVING TRUST DATED DECEMBER 11, 2000, whose mailing address is 5291 Myrtle Lane, Naples, Florida 34113-8524, (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 a Perpetual, Non-Exclusive Drainage, Access and Maintenance 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 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: 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 County for the sum of: $2,500.00 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbefing the Fasement, 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 County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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) Perpetual, Non-Exclusive, Drainage, Access and Maintenance Easement; lOL Page 2 (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 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 from the date of execution of this Agreement by the County; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. Such right to extend may be exercised by the County Manager or his designee for an additional term not exceeding ninety (90) days without further Board action. All additional extensions must be Board approved. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 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. !QL (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 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 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 1 Qrk4 Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 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, 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. 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 COUNTY: DATED: 3/3J7Ni f ATTEST: ~.~~~.~.~. ..?CK, Cler.k~ -- . ....: 'eeputy Clerk ';.Attest fl ..~ .~ 1,...... \ ',\f9natQnt,\.i1. ',:: ,,' '. BOARD OF COUNTY COMMISSIONERS COLLIER cquNTY, FLORIDA , BY: 'fL~ W C""A~ FRED w. COYLE, Chairman J [M;';'-;~I Clc.rk ~....._-- AS TO OWNER: 2[-11 ,1 . U..-{ 'L-A--1. ~ Itness (Signat~r ) 7 d'.lf Ct t~t f;, Ard I~ t?; Name (Print or Type) J UJ/r.r,J.jL/ .L..,/ ess (Signature) MICHELLE L. SWI!Il'I Name (Print or Type) Approved as to form and legal sufficiency: , right, Assistant County Attorney Last Revised: 10/15/10 lOL Page 5 I il ..~ ~ x..l1..!(u.t.(."'-.t-C.:J. -1.. WARREN B. WRIGHT, Indi dually, and as Trustee of THE WRI HT FAMILY REVOCABLE LIVING TRUST dated December 11, 2000 lOt PROJECT NO. LASIP - 51101 PROJECT NAME: Naples Manor Outfalls 3 and 4 PROJECT PARCEL NO. 184DAME (A PORTION OF FOLIO NO. 60781680006) LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT -.1l.: Page-Lof I A Perpetual, Non-Exclusive Drainage, Access and Maintenance Easement over, under, upon and across the South 10 feet of the North 40 feet of Lot 11, Block B, Myrtle Cove Acres Unit No.1, according to the plat thereof recorded in the public records of Collier County, Florida, in Plat Book 3, Page 38. 30 FOOT DRAINAGE EASEMENT (BY PLAT THE SOUTH 10 FEET OF THE NORTH 40 FEET OF LOT 11. BLOCK B. MYRTLE COVE ACRES )1h ~'4 g ~ N SKETCH NOT TO SCALE Collier County Growth Management Division - Transportation Engineering Department 11/18/10 1:33PM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I'nlll on pink papl.T .\ttach to Original d\';:L1l1ll.:ni. (Ingmal dOC(lI)lL:nh shlluld he h;li1d delivtT~'d l(llh~ B,),ud Ufflu.: dUclllllcnh art; 1(\ hI,C r(lrw<~rdcd [(1 th.; BlI;tnl Otlic<.: only ;!n~': t\lI; Hoard ha<, laKen ~:l\;!i,.n PIl the :It:l>; lOL Ill\: ,'(lmpkkd roullng ::;lip and l)rigjnal 'I ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exceotion ofttle Chairman's sienature, draw a Iinc throug! rouline.lines #1 throurrh #4, comulete the checklist, and forward to Ian Mitchell (!joe #5). Route to Addressee(s) Office Initials Date (List in routiOll order) l. ---. -.---, - .. 1-. 2. --------~ ---- --- 3. 4. Jeff Wright, Asst. Cty. Attorney County Attorney 5. Ian Mitchell, BCC Supervisor Board of County Commissioners A IQ ('0/(( L '-. 6. Minutes and Records* Clerk of Court's Office *Please scan under Outfalls 3 & 4 (LASIP) Project No. 51101 in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event onc afthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the RCC office only after the Bee has acted to approve the item.' Name of Primary Staff Robert Bosch, ROW Coordinator, Tpt. Eng. Phone N urn ber 252-5843 Contact Agenda Date Item was January 25, 20 II Agenda Item Number 10L (Resolution 2011- Approved bv the BCC 23) Type of Document Agreement Number of Original One Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a TO riate. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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 our deadlines! The document was approved by the BCC on 1/2512011 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A Iicable) 2. 3. 4. 5. 6. f I ~\\~ N/A \(~L ~O :$ N/A ? l: Forms! County Forms/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 731.09 MEMORANDUM Date: June 30,2011 To: Robert Bosch, ROW Coordinator TEeM Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement: Project #51101 (LASIP) Parcel 215DE - Folio #60780560004 Attached for your records, the original documents referenced above are attached, (Agenda Item #10L) adopted by the Board of County Commissioners on January 25, 2011. The original document is being held in the Minutes & Records Department as part ofthe Board's Official Records. If you should have any questions, please call me at 252-8411. Thank you. lOL PROJECT: Outfalls 3 & 4 (LASIP 51101) PARCEL No: 215DE FOLIO No: 60780560004 lOL EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ,.")'1Jh day of J lAJlJL , 2011, by and between ROBERT P. YARDLEY & LORETTA L. YARDLEY, husband and wife, whose mailing address is 5340 Myrtle Lane, Naples, FL 34113-8525 (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 a perpetual, non-exclusive drainage 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 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: 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 County for the sum of: $2,167.00 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. 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 County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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) Drainage Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; 10 L Page 2 (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 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 such properly executed instruments required to remove or release any and all liens, encumbrances or qualifications affecting County's enjoyment of the Easement, 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," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 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 granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, l~~ 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 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. 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. lOl Page 4 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, 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. 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 COUNTY: DATED:~~l . J-q I ,] 0 II A TT~T: .. :1~-" ~~~\C~'k k . lien .n'~:'~~ t jI9lt~"t,. .. AS TO OWNER: DATED: Ob(2~(2011 (~fntf(~igi~6e( BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1uJ- W. ~ FRED W. COYLE, Chai an MICHELL~ L SWI!I!T ~~rType) ~ature) p.- 0 [?,eft r r.?oJ'((f Name (Print or Type) lOt 1 Page 5 fJjJ;,i(~ j Lf itne s (Signature) MICHELLE L SWEF"I Name (Print or Type) ~-: - Witrless1Signature) kO&F-e.r (SoN(f Name (Print or Type) Approved as to form and legal sufficiency: tJr.), A (J( ) {0LJeff E. Wright Assistant County Attorney Last Revised: 05/04/2011 PROJECT NO. LASIP - 51101 PROJECT NAME: Naples Manor Outfalls 3 and 4 PROJECT PARCEL NO. 215DE (A PORTION OF FOLIO NO. 60780560004) EXHIBIT "A" 0 L LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A Perpetual, Non-Exclusive Drainage and Maintenance Easement over, under, upon and across the North 15 feet of the South 45 feet of the West 100 feet of the East 200 feet of Lot 14, Block A, Myrtle Cove Acres Unit No.1, according to the plat thereof recorded in the public records of Collier County, Florida, in Plat Book 3, Page 38. WEST 100' OF EAST 200' LOT 14 BLOCK A N The North 15 feet of the South 45 feet of the West 100 feet of the East 200 feet of Lot 14, Block A, Myrtle Cove Acres Unit No.1 30 FOOT ORAINAGE EASEMENT IBY PLAT) SKETCH NOT TO SCALE Collier County Growth Management Division - Transportation Engineering Department 11/18/103:1,-PM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO O L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item) ROUTING SLIP Complete muting lines#1 through#4 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#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date 1st in routing order) . 2. 3. 4. Jeff Wright,Asst. Co.Atty. Office of the County Attorney FJ 5. Ian Mitchell,BCC Supervisor Board of County Commissioners t(123 1 t( 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing informaiea.Al original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Rebecca Harding,Growth Mgmt Div. Phone Number 252-5805 Contact Property Acquisition Specialist Agenda Date Item was Agenda Item Number Approved by the BCC 01/25/2011 (Resolution 2011-23) 10L Type of Document LASIP Outfall 3&4 Project#51101 Number of Original Attached Easement Agreement—Parcel 196DAME Documents Attached 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. 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.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. 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 3. 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. / 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's g!signature and initials are required. 7� 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. j� Some documents are time sensitive and require forwarding to Tallahassee within a certain /l/ it- time frame or the BCC's actions are nullified.Be aware of your deadlines! 6_ The document was approved by the BCC on 1/25/2011(enter date)and all changes made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip W W S Original 9.03.04,Revised 1.26.05,Revised 2.24.05 101.. MEMORANDUM Date: November 29, 2011 To: Rebecca Harding, Property Acquisition TECM/ROW From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement Project: #51101 Parcel #196DAME Attached, for your records you will find a copy of the document referenced above, (Agenda Item #10L), approved by the Board of County Commissioners January 25, 2011. The original document will be held in the Minutes & Records Department as part of the Board's Official Records. If you should have any questions, please contact me at 252-8411. Thank you. Attachment (1) IOL PROJECT: LASIP Outfalls 3 & 4 PARCEL No.: 196DAME FOLIO No.: 00444440006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter refqrred to as the "Agreement") is made and entered into on this 22 day of f/OV kyibe j , 2011, by and between DOROTHY MCCURDY OLIVER, RONALD CHARLES MCCURDY, PETER LEON MCCURDY, and CAROL ANN MCCURDY, as Tenants in Common, whose mailing address is 3470 Hickory Landing Court, Jacksonville, FL 32226-2366 (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 a PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE 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 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: 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 County for the sum of: $1,630.00 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. 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 County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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: IQL Page (a) Perpetual, Non-Exclusive Drainage, Access and Maintenance 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 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 such properly executed instruments required to remove or release any and all liens, encumbrances or qualifications affecting County's enjoyment of the Easement, 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," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 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. • a e/Si (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 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 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 10L • Page 4 Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 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 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, 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. 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 COUNTY: DATED: 1//2.- 2-C8 A 'TEST:' , �:�� BOARD OF COUNTY COMMISSIONERS OWIGl-IT E. MOCK, Clerk COLLIER COUNTY, FLORIDA BY: W. • , AtteWie/ti y , liirk FRED W. COYLE, Chairma ., WC- 1.)w1.' 111 F: , 1 1-141 . ' 1OL Page 5 AS TO OWNER: . •: .l�f�� ,, / s (Signature) Dc"OT C, URDY 0 V� c)a yn) /1i. 90 u cflrCO N-me (Print or Typ- •/. Il .L.4. 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