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Backup Documents 10/26/2010 Item #16C 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO v 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 91 through N4 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 throw h routin lines #1 through k4, complete the checklist, and forward [o Sue Filson (line 45). Route to Addressee(s) Office Initials Date (List in routing order) 2. 3 5. Ian Mitchell, BCC Office Board of County Commissioners (o/ Supervisor /(/� / 29 (O 6. Minutes and Records Clerk of Court's O 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 Name of Primary Staff Phone Number G Contact -_ -_ _ Agenda Date Item was Agenda Item Number /� ^ Approved by the BCC (Q C. Type of Document G_�. Number ofOrigmal ©!�� Attached Documents Attached & CHECKLIST _INSTRUCTIONS Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial), A licable 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.) _ _. All handwritten strike - through and revisions have been initialed by the CountyAttomey's 6 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 Mithchell in the ACC office within 24 hours of BCC approval. �� . Some documents are time sensitive and require forwarding to Tallahassee within a certain me frame or the BCC's actionsire nullified. Be aware ofyour deadlines! he document was approved by the BCC on /O J&- 6(enter date) and all changes T ade during the meeting have, been Incorporated in the attached document 1 he o 'It Attorne 's Office has reviewed the cllanges�, if applicable. tjy�r i. Dorms/ Counly Forms/ BCC Forms/ Original Docmncnls Routing Slip W WS Original 9) 01 04, Revised 1 26 05, Rn,ieed 2 1.05, Revised 9.18.09 16C 3 MEMORANDUM Date: October 29, 2010 To: Marlene McLaughlin, Property Acquisition Facilities Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Access Easement Agreement Project: MPS 312 Rehabilitation Folio: #81820000322 Attached is one (1) original of the agreement referenced above (Item #16C3) approved by the Board of County Commissioners on Tuesday, October 29, 2010. Please forward the fully executed original to the Minutes & Record's Department where it will be kept as part of the Board's Official Record. If you should have any questions, please call me at 252 -7240. Thank you. Attachment (1) PROJECT: MPS 312 Rehabilitation 16C FOLIO: 81820000322 ACCESS EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 1�?� day of Ors krw- , 2010, by and between WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation whose mailing office address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples 34109 (hereinafter referred to as "Owner "), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non - exclusive Access Easement for the purpose of access to, over, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property 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 Property; 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: Owner shall convey the Property via an Access Easement to Purchaser for the sum of One Thousand Eight Hundred and no /100 Dollars ($1,800.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing "). In addition, and at no additional cost to Purchaser, Owner shall convey to State of Florida, Acting Through the Department of Transportation, an Access Easement to, over, upon and across the lands described in Exhibit "B" attached hereto for purposes of accessing the State of Florida retention pond lying easterly of Owner's property. The procedure to be followed by the parties in connection with the Closing shall be as follows: Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement. Owner is aware and understands that Agreement is subject to acceptance Commissioners of Collier County, Florida. the "offer" to purchase represented by this and approval by the Board of County Owner agrees to convey the Easement for the purpose of constructing access facilities and for access to utility facilities within utility easements on land owned by Glen Eagle Golf & Country Club, Inc. lying easterly of Owner's property, for constructing, operating and maintaining such utility facilities. Owner represents that the Easement Area and all uses of the Easement Area have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Easement Area except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by Purchaser. 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, Easement Agreement 16C 3 Page 2 successors, successor trustees, and /or assignees, whenever the context so requires or admits. 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 assignees whenever the context so requires or admits. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 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 this day of 04:1'yley— , 2010. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: !d —,36 " 10 ATTEST: DWIGHT E. BROCK, Clerk A ' / i► AS TO OWNER: DATED: "f / 7;L_ 1'/ e G 6 Witness (Signature) Name: LC4-�- ii c_CL ( tint or T e fitness (Signature) Name: 'T /61, / (Print or Type) Approved as to form and legal sufficiency f% -�N t Jennifera. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT BY: y'L_QL LA,.) Fred Coyle, Chairman WHITTENBERG HOMEOWNERS ASSOCIATION, INC. Florida nonprofit corporation B rbara Puch, President 16C 3 Easement Agreement Page 3 Exhibit "A" Being Tract "HH" as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County, Florida; and 16C 3 Easement Agreement Page 4 Exhibit "B" Being Tract "HH" as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County, Florida; and Being that portion of Tract "A ", as shown on the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, in the Public Records of Collier County, Florida, lying southerly of an extension of the north boundary of the aforesaid Tract "HH" as shown on said Plat.