Backup Documents 07/27-28/2010 Item #16A3116A31 22_q
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
exception of the Chairman's signature, draw a line through 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
I.
a pro riate.
(Initial)
�G
2.
nn
�� 02 ? ' 1 V
Agenda Item Number
/�
I tO - rl - 31
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Number of Original
4.
Documents Attached
5 Ian Mitchell, Supervisor, BCC
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 Sue Filson, need to contact staff for additional or missing
information. All original documents reeding the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.) r i
Name of Primary Staff
4M
Phone Number
N/A (Not
Contact
a pro riate.
(Initial)
�G
Agenda Date Item was
Approved b the BCC
nn
�� 02 ? ' 1 V
Agenda Item Number
/�
I tO - rl - 31
Type of Document
Attached
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Number of Original
Documents Attached
INSTRITTIONS & CHECKLIST
PLEASE scan under in the BMR Real Pro erty Folder, Thank you.
P14 At-y,-C� " )025-*,
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a pro riate.
(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
�Z
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
RZ
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 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
�2
BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on -7 - ti'l (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
(z21
County Attorney's Office has reviewed the changes, if applicable.
PLEASE scan under in the BMR Real Pro erty Folder, Thank you.
P14 At-y,-C� " )025-*,
16A31
MEMORANDUM
Date: August 2, 2010
To: Joan Smith, Property Acquisition
TECM Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement: Project #60040
Parcel #238RDUE
Attached is a copy of the agreement referenced above, (Item #16A31)
approved by the Board of County Commissioners July 27, 2010.
The Minutes and Records Department has held the original agreement
for the Board's Official Record.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachment
Ij 10 ECM 01349
F NO.'
R E
DATE RECEIVED: 16A31
REQUEST FOR LEGAL SERVICES
DATE: July 29, 2010
TO: ROBERT ZACHARY - -- -Office of the County Attorney
FROM: JOAN M. SMITH -TECM -RIGHT OF WAY
RE: Golden Gate #60040 Parcel #238-- DiFabio
BACKGROUND OF REQUEST:
Please approve attached Easement Agreement as to form and legal sufficiency and send to third
floor with attached "Pink Sheet" Thanks.
ACTION REQUESTED:
Please review and forward. Thanks
Z.�,
16A31
PROJECT: Golden Gate Blvd. #60040
PARCEL No(s): 238RDUE
FOLIO No(s): 39210320004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this Al day of , 2010, by and between
CHRISTOPHER DIFABIO, an unmarried man aga-IFFNED DIFABIO, an unmarried man,
whose mailing address is 1510 Golden Gate Boulevard, East, Naples, Florida 34120-
3612, (hereinafter collectively 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 Road 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 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:
$4,915.00
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 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:
(a) Road Right -of -Way, Drainage and Utility Easement;
(b) Closing Statement;
16A31
Page 2
(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. 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 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 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 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.
16A31
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
Paragraph 2 which may be required by any mortgagee, lien- holder or other
16A31
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.
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.)
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 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: 1�7
ATTEST'y.F�' BOARD OF COUNTY COMMISSIONERS
DWI 'f �BRO
clerk COLLIER COUNTY, FLORIDA
BY: W
At"!rw FRED W. COYLE, Chair
AS TO OWNER:
FATED: %- - /-• /o
1 ,
C� �
Witness (Signature)
Clk (A
Name (Print or Type
Witness (Signature)
l YG nt
Name (Print or ype'
����'
Witness (Signature)
TA" r✓r✓Alv "- l- i c-,4A
Name (Print or Type)
A" -ZA �.L
Witne s (Signature)
hir CC- M��
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 6/18/10
Page 5
R
C ISTO HER DIFABIO
State of Nevada
co" to
o Clar to ,A 1{/�� (�
me. �� "'• 1 G '�""� Jersonally appeared before
who is personally known to me
whose identity I proved on the basis of r`
_
who identity I proved on the oath io , a credible witness
To be the signer of the above doc e / o ge 1 he /sne signed it.
MY s ' pi s
y irr i
NOTARY PUBLIC
STATE OF NEVADA
County of Clerk
(MY a sps-� GABRlEU AREULwo -AM AOE
tment -ree Dec. 14, 2011
r
i,
TRACT 135-
SQ.. FT, SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE) TECM - ROW
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) FEB O 1 2010
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 78
LEGAL DESCRIPTION FOR PARCEL 238 RDUE
A PORTION OF TRACT 134, GOLDEN GATE ESTATES, UNIT 48 AS RECORDED IN PLAT BOOK 5, PAGE 78 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE WEST 165 FEET OF SAID TRACT 134.
CONTAINING 7,095 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY 0 40 60 160
NOT A BOUNDARY SURVEY
SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 238 RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
REVISION
SECTION
TOWNSHIP�RA7
)50217.00.01 0001
REV 01
7
1
27
BY `"(
MICHAEL A. WARD, PROFESSIONAL SURVEYOR & MAPPER
FLORIDA REGISTRATIOyyy CERTIFJCATE NO. 5301
SIGNING DATE: / / Z At /Av
NOT VALID WITHOUT THE ORIGINAL SG/NATUIR/E & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
PUnaing
CONSULTING QvilPirgioem g
1\ T T L 1 Surveying & Mapping
6610 Willow Park Drive, suite 200
Naples, Florida 34109
Phone: (239) 597.0575 FAX: (239) 597.0578
LB No.: 6952
t)UALL DAI� I DRAWN BY FILE NAME SHEET
1 " = 80' DEC. 2009 1 S.D.L. SK 238 1 OF 1