Backup Documents 04/27/2010 Item #16B 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP w
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 169
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 routing lines # 1 through 44 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 throng routine, lines # 1 through #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
List in routing order
Office
Initials
Date
1. Robert Zachary, Asst. Cty. Atty.
County Attorney
�WL
1-1 2 9 fo
2. Ian Mitchell, BCC Supervisor
Board of County Commissioners
Agenda Item Number
1663
3. Minutes and Records *
Clerk of Court's Office
*Please scan under Transportation Bridge Program-Project No. 66066 in the BMR Real Property Folder
Thank you
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 1
Name of Primary Staff
Robert Bosch, ROW Coordinator, TECM
Phone Number
252 -5843
Contact
appropriate.
(Initial)
Applica ble
Agenda Date Item was
April 271i, 2010
Agenda Item Number
1663
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution 1q)
Number of Original
One
Attached
�
Documents Attached
Please scan into
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2 24 05, Revised 7.31.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble
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,
n'
resolutions, etc. signed by the County Attorney's Office and signature pages from
Iv`_
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
N/A
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
/
signature and initials are required.
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.
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!
6.
The document was approved by the BCC on 04/27/2010 (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.
1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2 24 05, Revised 7.31.09
ITEM NO.: !1� DATE R�EIVED
160 3
CILENO.: K I �� li ic
ROUTED TO:
REQUEST FOR LEGAL Sk -kV10* ' S
4:00 FILE
DATE: April 28, 2010 �z
TO: Office of the County Attorney I va L41,3 u
FROM: Robert Bosch, Right -of -Way Coordinator, TECM
RE: Gift and Purchase Resolution: Accelerated Bridge Construction Pilot Project
(Transportation Bridge Program Project No. 66066)
BACKGROUND OF REQUEST: This resolution was approved by the BCC at its regular meeting on
April 27, 2010 under agenda item 16B3.
This item HAS been previously submitted under RPR
(CIRCLE ONE)
ACTION REQUESTED: Kindly approve the attached gift and purchase resolution, sign off where
required on the routing slip and forward to the BCC Chairman for signature. I/
Thank you.
Glio-L
L(. 1- 43. in
168 3
RESOLUTION NO. 2010- 83
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
DRAINAGE EASEMENTS AND DRAINAGE, ACCESS AND MAINTENANCE
EASEMENTS NECESSARY FOR THE CONSTRUCTION OF A REPLACEMENT
BRIDGE ON WHITE BOULEVARD AND A NEW BRIDGE ON 23RD STREET SW,
BOTH OVER THE GOLDEN GATE MAIN CANAL, TOGETHER WITH RELATED
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS, FOR THE
ACCELERATED BRIDGE CONSTRUCTION PILOT PROJECT, BEING PART OF
THE TRANSPORTATION BRIDGE PROGRAM. (PROJECT NO. 66066.)
WHEREAS, the acquisition of drainage easements and drainage, access and maintenance
easements for the construction of a replacement bridge on White Boulevard and a new bridge on 23`d
Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility
improvements for the Accelerated Bridge Construction Pilot Project (hereinafter referred to as "the
Project "), being part of the Transportation Bridge Program (Project No. 66066), is included in Collier
County's Five Year Transportation Work Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project; and
WHEREAS, the construction of a replacement bridge on White Boulevard and a new bridge on
23`d Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and
utility improvements, as depicted in Exhibit "A ", attached hereto and incorporated herein, is necessary
in order to protect the health, safety and welfare of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board has determined that the construction of a replacement bridge on White Boulevard and
a new bridge on 23`d Street SW, both over the Golden Gate Main Canal, together with related roadway,
drainage and utility improvements, for the Accelerated Bridge Construction Pilot Project, being part of
the Transportation Bridge Program (Project No. 66066), is necessary and in the public's best interest in
order to protect the health, safety and welfare of the citizens of Collier County.
160 3
2. The acquisition of drainage easements and drainage, access and maintenance easements 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 and drainage, access and maintenance easements necessary for the construction of
a replacement bridge on White Boulevard and a new bridge on 23`d Street SW, both over the Golden
Gate Main Canal, together with related roadway, drainage and utility improvements, within the Project
corridor identified on 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 use either independent appraisal
reports or "in- house" appraisals as the basis for making purchase offers to property owners.
5. In view of the differences of opinions between real estate appraisers regarding 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 drainage easements and drainage, access and
maintenance easements where the property owner has agreed to sell to the County at, or up to twenty
five percent (25 %) above the County's appraiser's estimate of full compensation to the property owner,
with the maximum approval authority not to exceed $50,000 over the County's appraiser's estimate of
full compensation, and to approve and to execute Closing Statements on behalf of the County. Such
purchase approvals are hereinafter referred to as "Administrative Settlements." Each and every
proposed settlement over one hundred and twenty -five percent (125 %) of, or over $50,000 above, the
County's estimate of full compensation (whichever is less) 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
-Page 2-
16d 3
execute drainage easement and drainage, access and maintenance easement agreements, utility
subordination and 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 Administrative Settlement provisions of Paragraph 5 (above).
7. Said Administrative Settlement 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 authorized to record in the
Public Records of Collier County, Florida, drainage easements, drainage,, access and maintenance
easements and other instruments as may be required to remove, release or subordinate the lien of any
encumbrance, in order to effect constructive notice of the County's interest in real property.
This Resolution, adopted on this ill" day of /I 11k r L , 2010, after motion, second
and majority vote.
ATTEST:
DWIGHT E. BROCK CLERK
WpA at*cml •
�igatt�r't oa��
Approved as to form and
legal sufficiency:
e_�_ �5 2,V4
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAWMAN
-Page 3-
Item # 106a
Agenda
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1683
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. OnginaI 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 lines #1 through #4 as appropriate for additional sigiatures, dates, and/or information needed. If the document is already complete with the
P.,o; •,f h,-r ha ib adc dmmmre draw a 1, rip it, ""i,h nnain, lines #1 Ihron-li 44_ conmlete the checklist- and forward to lan Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
2.
_
Agenda Item Number
16B3 (Reso. 2010 -83)
Approved by the BCC
�—
3.
Type of Document
4. Robert Zachary, Asst Cty. Atty.
County Attorney
One
Attached
5. Ian Mitchell, BCC Supervisor
Board of County Commissioners
(D
6. Minutes and Records*
Clerk of Court's Office
*Please scan under ABC Pilot Project (Transportation Bridge Program Project No. 66066) in the BMR Real
Property Folder. Thank you
PRIMARY CONTACT INFORMATION
The primary contact is the holder of die original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary , Primary contact an is needed in the event one of itle addressees above, including Site 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 )
Name of Primary Staff
Robert Bosch, ROW Coordinator, 'rpt.Eng.
Phone Number
252 -5843
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
April 27", 2010
Agenda Item Number
16B3 (Reso. 2010 -83)
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Agreement
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I'. Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 (14. Revised 1.26 -05, Revised 2 .24 05_ Revised 7.31.09
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. 'I includes signature pages floor ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
MIS-
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
N/A
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
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to tan 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!
6.
The document was approved by the BCC on 04/27/2010 (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 WS Original 9 03 (14. Revised 1.26 -05, Revised 2 .24 05_ Revised 7.31.09
1683
u u IT "T.W
Date: August 6, 2010
To: Robert Bosch
Right -of -Way Coordinator
Transportation Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Drainage Easement Agreement
Project #66066 /Parcel 102DE
Per your request you will find enclosed one copy of each document referenced
above (Agenda Item #16113), adopted by the Board of County Commissioners
on April 27, 2010.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosures
1683
PROJECT: Accelerated Bridge Construction Pilot Project
(Transportation Bridge Program Proj. No. 66066)
PARCEL NO.: 102DE
FOLIO NO.: 37348000007
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into on this J'� day of as , 2010, by
and between RAMON LUJAN and MARIA LUJAN, husband and wife, whose mailing
address is 2460 White Boulevard, Naples, FL 34117 -4320 (hereinafter referred to as
"Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to
as "Purchaser ").
WHEREAS, Purchaser requires a perpetual, non - exclusive 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 Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$2,140.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including all 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 Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement upon
their recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents ") on or before the
date of Closing:
1683
Page 2
(a) Drainage Easement;
(b) Closing Statement;
(c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W -9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and /or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system 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 Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements 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 Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Property prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
1683
Page 3
(c) No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts 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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any 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 Purchaser.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, Purchaser may elect to pay
reasonable processing fees required by mortgagees in 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
16B3
Page 4
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. In accordance with the provisions of Section 201.01, Florida Statutes, related to the
exemptions against payment of documentary stamp taxes by Purchaser, Owner shall
further pay all documentary stamp taxes required on the instrument(s) of transfer,
unless the Easement is acquired under threat of condemnation. Furthermore, 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 Purchaser. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
11 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 Purchaser.
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 PURCHASER:
DATED:
yo-...
ATTEST:
QYV %T-
,iDepVty K, Clerk
"lt' mlt% lerk
t k seq. y
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA i)
BY:
FRED W. COYLE, Chairman0
AS TO OWNER:
DATED:
Witness (Signature)
r+t . 002C({
Name (Print or Type)
�c
Witness (Signature)
1 o-try C. 4
c,nd(er5'o vt
Name (Print or Type)
Witness (Signature)
�dBF /�t • 30scN
Name (Print or Type)
Witness (Signature)
Tarty C.-. (efSav�
Name (Print or Type)
Approved as to form and
legal sufficiency.
Assistant County Attorney
Last Revised: 2/19/09
1 §83
�'A W"- L k
RAMON LUJAN
MARIA LUJAN, bV RAMON LUJAN, her
attorney -in -fact
1683
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 168 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original dOCnmentS 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 lines #I 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)
List in routing order
Office
Initials
Date
Contact
appropriat e.
(Initial)
Applicable)
Agenda Date Item was
April 27, 2010
Agenda Item Number
16133(Reso. 2010 -83)
2.t
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
Easement Agreement
Number of Original
One
4.
_ _ - .._ _.
y
5. Ian Mitchell, BCC Supervisol
Board of County Commissioners
$ �'
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 created/prepared 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
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.)
Name of Primary Staff
Deborah Farris
Phone Number
X5861
Contact
appropriat e.
(Initial)
Applicable)
Agenda Date Item was
April 27, 2010
Agenda Item Number
16133(Reso. 2010 -83)
Approved by the BCC
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
Easement Agreement
Number of Original
One
Attached
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriat e.
(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
n/a
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 the final date is
or negotiated contract whichever applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature initials
and are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
n/a
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!
6.
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
CountV Attorney's Office has reviewed the changes, if applicable.
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
PROJECT: Accelerated Bridge Construction Pilot Project
(Transportation Bridge Program Proj. No. 66066)
PARCEL No: 109DE
FOLIO No: Portion of 36962160007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this 22na day of July , 2011, by and between
DEON V. LUCAS, an unmarried woman, whose mailing address is P.O. Box 9807,
Naples, FL 34101 -9807, (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:
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:
$27,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 10
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 any existing irrigation system and other improvements,
and the cost to cut and cap irrigation lines extending into the Easement, and to
remove all sprinkler valves and related electrical wiring, and all other damages in
connection with conveyance of said Easement to County, including all attorneys'
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Owner shall grant a Right of Entry to County, at no additional cost, for the purpose of
photographically documenting a pre - construction assessment of the existing
condition of the improvements located on Owner's property.
4. 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:
16B 3
Page 2
(a) Drainage Easement;
(b) Closing Statement;
(c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W -9 Form;
(e) Right of Entry; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County, County's
counsel and /or title company.
5. 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.
6. Owner agrees to relocate any existing fencing and 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.
7. 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.
8. 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.
1 �bBa�
(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.
9. 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.
10. 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
16 4a�e 4
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.
11. 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.
12. 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.
13. 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.)
14. 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.
15. 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.
16. 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 C UNTY:
W �
DATES hr r
ATTEST: z`
I ffill"
6
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: `�Liil W
FRED W. COYLE, Chai
AS TO OWNER:
DATED: " -, ,
Witness (Signature),/
Nam ;(Print or Ty )
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
JC- . vJRtGItT
Assistant County Attorney
Last Revised: 10/15/10
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 routing lines #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 sienature, draw aline throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
Property Acquisition Specialist
(Initial)
Applicable)
2.
/ '
Agenda Item Number
a 3
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. �,P� \N rk,o% %+
C)\-C)
Number of Original
5, � r
Board of County Commissioners
Documents Attached
/
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 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.)
Name of Primary Staff
MICHELLE L. SWEET
Phone Number
239 - 252 -6027
Contact
Property Acquisition Specialist
(Initial)
Applicable)
Agenda Date Item was
/ '
Agenda Item Number
a 3
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
AyAw -
Number of Original
Attached
9(,2 r t n-
Documents Attached
INSTRUCTIONS & CHECKLIST
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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
AW
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
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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!
6.
The document was approved by the BCC on L1 n (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.
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
PROJECT: 66066 Bridge Repairs
PARCEL: 110RDUE
FOLIO: 45900600002
EASEMENT AGREEMENT
THIS EASEMENT AGREE�AENT (herein er referred to as the "Agreement ") is
made and entered into on this �f day of Vkk JtAA , 20�(_, by and between
HUMBERTO MARTINEZ and SARA MARTINEZ, Uhusband and wife, whose mailing
address is 2366 White Boulevard, Naples, Florida 34117(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 Right -of -Way, Drainage and
Utility Easement over, under, upon and across the lands described in Exhibit "A ", which is
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement "); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to County for the sum of:
$1,817.00
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
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date of Closing:
(a) Easement;
(b) Closing Statement;
(c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W -9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by 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.
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(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.
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
Page 4
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:' /,
ATTEST!':,) g,14A'o
OW1G,j-1 '_ISROCK, Clerk
u lerk
BOARD OF COUNTY COMMISSIONERS
COLLIE C UNTY, FLORIDA
t1,).
BY:
FRED W. COYLE, Chairm
AS TO OWNE
DATED: L �!
�r
Witness (Signature)
N (Print or Typ
Witness (Signature
Name (Print or Type)
Witness (Signature)
Nam Print or Type
6
Witness (Signature)
A-FAe-to 9,-&e5
Name (Print or Type)
Approved as to form and
legal sufficiency:
WRICURT
As istant County Attorney
Last Revised: 05/04/2011
HU RT MARTINEZ
SARA MARTINEZ
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