Backup Documents 10/26/2010 Item #16A 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 n 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper Attach to original document. or documents should he hand delivered to the Board Office_ The completed routing slip raid original
documents are to be tnncarded 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
excention of the Chairman's signature. draw a line through routine lines 41 through 94, complete the checklist, mid forward to Ian Mitchell (line #5)_
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applic able)
Agenda Date Item was
October 26, 2010
Agenda Item Number
16A7
2.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
_-
3.
Agreement
Number of Original
One
4.
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
contracts, agreements, etc. that have been fully executed by all parties except the BCC
5. Ian Mitchell, BCC Supervisor
Board of County Commissioners
/
10
Ira
6. Minutes and Records*
Clerk of Court's Office
N/A
*Please scan under Vanderbilt Beach Rd. Ext. Proj. No. 60168 in the BMR Real Property Folder. Thank you.
PRIMARY CONTACT INFORMATION
I Me 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 off-ice only after the BCC has acted to approve the
item.)
Name of Primary Staff
Robert Bosch, ROW Coordinator, Tpt. Eng.
Phone Number
252 -5843
Contact
appropriate.
(Initial)
Applic able)
Agenda Date Item was
October 26, 2010
Agenda Item Number
16A7
Approved b 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 Foots/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 126 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)
Applic able)
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,
"-f 2
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 or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signal re 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 10/26/2010 (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 Foots/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 126 05, Revised 2.24.05, Revised 7.31.09
16A 7
PROJECT: Vanderbilt Beach Road Extn. #60168
PARCEL No(s): 1344RDUE
FOLIO No(s): 40573240001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this 2 -6TH` day of C-v 3 i-4 2010, by and between
MINNESOTA REAL ESTATE FOUNDATION, a Minnesota Non - Profit Corporation, whose
mailing address is 101 S. 7'" Avenue #100, St. Cloud, MN 56301, (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 "County ").
WHEREAS, County requires 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:
$6,125.00
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) Easement;
(b) Closing Statement;
16P' 7
age
(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.
16A 7
Page 3
(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
16A 7
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. 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:
► �� 29ml
BOARD OF COUNTY COMMISSIONERS
COLLIER C U FLORIDA
BY: W l
FRED W. COYLE, Chairman
AS TO OWNER:
DATED:
Wlness (Signature)
N (Pri t or Tv eJ /
ess (Signature)
�A,1 (c - St(v k -KyA Y"
Name (Print or Type)
Witness (Signature)
M, k;s - >�
Name (Print or Type)
4usi L u� �it c -E¢dw
Witness (Signature)
Uctr %7rttil �- GX.YJJCLI
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant dounty Attorney
Last Revised: 7 /21/10
Page 5
Minnesota Real Estate Foundation,
a Minnesota Non -P C ation
BY:
St ven R.,1,6ul, President
Minnesota Real Estate Foundation
a Minnesota Non - Profit Corporation
BY:_ __
David Werschay, Secretary
7
466 467 �168 459 00
�;7 i 72 4 3 474
VANDERBILT
TRACT
34
BEACH
4--
ROAD
PROPOSED
PARCEL 1344
18,000 SQ.
EAST
TRACT
TRACT 47
GOLDEN GATE ESTATES
UNIT 75
I PLAT BOOK 5 PAGE
HERNANDEZ, VIVIAN
OR 4353/3566
/Q6-
ROLE
FF.
180' OF
47
11
TRACT
50
10TH AVENUE
SO. FT. = SQUARE FEET
ROLE = ROADWAY, DRAINAGE AND UTILITY EASEMENT
N/A = NOT AVAILABLE
OR = OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION FOR PARCEL
A PORTION OF TRACT 47, GOLDEN GATE ESTATES UNIT 75, AS
11, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING
FOLLOWS:
THE NORTH 100 FEET OF THE EAST 180 FEET OF SAID TRACT
CONTAINING 18.000 SQUARE FEET, MORE OR LESS.
N.E.
W E
1344 RDUE
RECORDED IN PLAT BOOK 5, PAGE
LYING IN SECTION 31, TOWNSHIP 48
MORE PARTICULARLY DESCRIBED As
47.
Go 120
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE; 1"-120'
240 WY
A "D ISCA1,11SONA,- LARD SUFNClOR
1 FLORIDA REGISTRATIONVERTIFICATE NO. 5301
SIGNING GATE
FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
NOT VALID WITHOUT THE SIGNATURE k ORIGINAL RAISED EM80SSCO SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
VANDERBILT BEACH ROAD EXTENSION
'p?5A.VjA.`=mE0
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE &
PARCEL 1344 RDUE UTILITY EASEMENT
do.
AL % IF Tj. JL MWPg
Eon"
8610 Willow Fork Drwo, Suile 200
COLLIER COUNTY, FLORIDA
Naplas. Florlda 34109
Plime: (n9) 597-0576 FAX: (239) 597-0570
LB No.: 6952
JOB NUMBER
REVIS
ION
I SECTION
TOWNSHIP
RANGE
SCALE
DATE —
DRAWN Y
FILE NAME
SHEET
G]
j
I 46S
I 28
9_15_08,F
R.M.J.
I SK1344RDUE
1 G FEE1