Backup Documents 09/15/2009 Item #16B 5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 5
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 # I through 114 as appropriate for additional signatures, dates, and/or information needed, Ifthe 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) Office Initials Date
(List in routing order)
I.County Attorneys Office County Attorneys Office
2.
3.
4.
5. ~]e ril!':An, Executive Manager Board of County Commissioners ~C ))6/0 J
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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 stafffor 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 Paul Young Phone Number 252-5884
Contact
Agenda Date Item was September 15,2009 Agenda Item Number 16 (B) 5
Approved by the BCC
Type of Document EASEMENT AGREEMENT Number of Original One (1)
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes NIA (Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, 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 anies except the BCC Chainnan and the Clerk to the Board
3. The Chainnan's signature line date has been entered as the date ofBCC approval ofthe
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 ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe s actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on September 15,2009 and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05
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ROUTED TO: I,. I
REQUEST FOR LEGAL SERVICES
DATE: September 15,2009 l)Vvt q\ \ ~
TO: Office of the County Attorney ~R:>lA)
FROM: Paul Young, Sr. Property Acquisition Specialist
RE: Santa Barbara Boulevard project 62081, parcel 168
John S. and Robin Williams
BACKGROUND OF REQUEST: Santa Barbara Boulevard project 62081 has necessitated the
acquisition of parcel 168. Approved as consent agenda item 16(B)5 on September 15, 2009 Board
meeting. -
This item HAS been previonsly snbmitted nnde~R09-eem-Ol ~ ) ~ \ \(, '\ {) "
(CIRCLE ONE)
ATTACHMENTS:
EASEMENT AGREEMENT t-\L <)} 1) W
Cover letter to BCC Chairman for signature ~
ACTION REQUESTED: S\~^
Please approve for legal sufficiency, and forward for Chairman's signature. ~~
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1685
MEMORANDUM
Date: September 18,2009
To: Paul Young
Right-of-Way Property Acquisition Specialist
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement - Santa Barbara Blvd Phase II
Easement - FPL Greenway (Moon Lake)
Enclosed please find one (1) copy of the each document as referenced above,
(Agenda Item #16B5 & #16B9), approved by the Board of County
Commissioners on Tuesday, September 15, 2009.
The Minutes & Records Department has retained an original document for the
Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Enclosure
1685
PROJECT: #62081 Santa Barbara Blvd- Phase \I
PARCEL No(s): 168
FOLIO No(s): a portion of 38229200006
EASEMENT AGREEMENT
THIS EASEMENT AGREEME~ (hereinafter referred to as the "Agreement") is
made and entered into on this , f;) day of ~J...c:..w.,~ , 2009, by and between
JOHN S. WilLIAMS AND ROBIN WilLIAMS, usband and wife , whose mailing
address is 1941 Santa Barbara Blvd., Naples, FI 34116, (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 ROADWAY, 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:
$31,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Purchaser
also agrees to pay legal fees in an amount of $1,000.00 to Bella Patel, P.A. for
assistance and counseling to Owner in completion of closing documentation. Said
payments 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:
(
1685
Page 2
(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 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.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof.
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1685
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 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,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
1685
Page 4
payable to the Owner per Paragraph 2. 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.
10, 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.
11. 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, 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.)
12. 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.
13. 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.
14. 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: ~~l~/~<1
ATTEST: BOARD O~NTY CO~SIONERS
OW T E. BROCK, Clerk COLLIER TV, FLORID~
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1,.1\ BY:
~~', ....,.,'.: P~~k DONNA FIALA, Chairman
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Page 5
AS TO OWNER:
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J n S. Williams
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Name (Print or Type)
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Witness (Signature)
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Name (Print or Type) ~ ' .
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Witne s (Signature) Ftobin Williams
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Name (Print or Type)
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Witness (Signature)
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Name (Print or Type)
Approved as to form and
legal sufficiency:
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As t County Attorney
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Last Revised: 2/19/09
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1-- 330.00' (PLA T) ~ ----f=UrlJ 5
s.
o 25 50 100 200
GRAPHIC SCALE
108.1 108
SOUTH 150' NORTH 180' GOLDEN GA TE ESTA TE UNI T 30,
PLA T BOOK 7, P A '[S 58
OF TRACT 108 OF TRACT 108
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MAG!; AND PROPOSED
EASEMENT R.O. W. EASEMENT
FEET
. .
..-..
EAST LINE OF SECTION
SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6,
PLA T BOOK 5, PAGES 124-134
6 7 8 9 10 11 12 13 14 15 16 17
3 4
GOLDEN GA TE ESTA TES UNIT 5, PLA T BOOI( 5, PAGE 117-123 BLOCK 153
~L 'DFSCRIP-nON I
BEING THE WEST 54 FEET OF THE EAST 107 FEET Ofl THE SOUTH 150 FEET OF TRACT 108, GOLDEN GA TE
ESTA TES UNIT 31, PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA.
II
CONTAINING 8,100 SQUARE FEET MORE OR LESS. EXHIBIT If A
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. ~ I of (
... NOT A. SURVEY ...
LEGEND:
( "~,, ,,~ "~] EXISTING
" "" R.O, W. EASEMENT
LANe T R, P. Off. . 'AL SURVEYOR ct MAPPER ~ PROPOSED
FLORIDA REGISTRA i.s #5627 R.O,W. EASEMENT
R.O, W. = RIGHT OF WA Y
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BCARlNGS ARt BAstD ON NORTH
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. AMERICAN DATUM (N.AD) 1!18J-1990
AlMJSRlCNT STA TC PLANt CDCRDiNA TC
CERFlFICA T[ OF AUTHORIZA TlON # LB-43 S'YSTClt (CRID) FOR Fl.ORDA CAST ZONe.
PROJECT NO.: 62081 PARCEL NO. : 168 CLIENT: COLUER COUNTY TRANSPORTA TlON.
Wi_Millei'.'-~ ENGINEERING It CONSTRUCTlON MANAGafENT DIVISION
TITLE: SKETCH AND DESCRlPTlON
BEING PART OF THE SOUTH 150' OF TRACT 108,
f'IwIert . ~ . Ec%gItt. . &neYG\"f . UndIcape Ardiectt . Tf'IMpOrlltlon ConIlitll1t. GOLDEN GA TE ESTA TES UNIT J1. PLA T BOOK 7, PAGE 59.
WlsMYier; Inc. COLLIER COUNTY, FLORIDA
,. . Fat ~ . ..... . lhcinbt . T. DATE: PROJECT NO.: SHEET NUMSER: FILE NO.:
:J2t1JSIlIy~ 88 200 . ,. Rriil34JHfJ7. ~ fH4HJ<<I. FfI HI-UHlIII. WtHIt _1Iicrdrr._ 04/2002 N6022-002-010- TDHWP 168 OF XXX 2GG-20:S
Nov 13. 2002 - 13:47:00 lMlllER/X: \SUR\N6022\Skelch Of Descriplions\Submitled\2gg203s168.dwg
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ·
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO as
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to origi:1al 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 # I through;'l4 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) Office Initials Date
(List in routing order)
I.County Attorneys Office County Attorneys Office
2. -~_.-----------_._.,--
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5. Slle ril~n, Executive Manager Board of County Commissioners 0,'- 'J/llo (0)
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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 stafffor additional or missing
infonnation, 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 Paul Young Phone Number 252-5884
Contact
Agenda Date Item was September 15, 2009 Agenda Item Number 16 (B) 9
Approved by the BCC
Type of Document AGREEMENT Number of Original One (1)
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is N/A (Not
appropriate. 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 arties except the BCC Chainnan and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan'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 September 15,2009 and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
?\....,~, (~~VfV C-4'~1 -\-b ?.:;'..I , Yo;;:, '-'w '- J€,-.JV1
1: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1:26,05, Revised 2.24,05
It\DS
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MEMORANDUM
Date: September 18,2009
To: Paul Young
Right-of-Way Property Acquisition Specialist
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement - Santa Barbara Blvd Phase II
Easement - FPL Greenway (Moon Lake)
Enclosed please find one (1) copy of the each document as referenced above,
(Agenda Item #16B5 & #16B9), approved by the Board of County
Commissioners on Tuesday, September 15, 2009.
The Minutes & Records Department has retained an original document for the
Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Enclosure
g
ITEM NO,: -;) - c...,\L t'\.....', L\,.-.) DATE RECEIVED:
FILE NO,: \4.e. Q~D I' " ~
ROUTED TO:
REQUEST FOR LEGAL SERVICES
DATE: September 15,2009 ~~
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TO: Office of the County Attorney ~~u--- 4 I ?
FROM: Paul Young, Sf. Property Acquisition Specialist
RE: Moon Lake Homeowners Association, Inc- Pathway Project
BACKGROUND OF REQUEST: The FPL Pathway Project requires property owned by Moon
Lake Homeowners Association,. Inc. The Attached AGREEMENT has been approved as item 16
(B) 9 on today's consent agenda.
This item HAS been previously submitted unde
(CIRCLE ONE)
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ATTACHMENTS:
AGREEMENT C \ L 2;1)0
Cover letter to BCC Chairman for signature ft-'- ~ dL d..&c-- ~ <
ACTION REQUESTED: T ~~ J ~
Please approve for legal sufficiency, and forward for Chairman's signature. - ~. 'h1~
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16B5
PROJECT: FPL Greenway
PARCEL No(s): Moon Lake
FOLIO No(s): 60605500042,60605000102,60606000059, and 25891000647
AGREEMENT
THIS PURCHASE AGREEM_E!i! (hereinafter referred to as the "Agreement") is
made and entered into on this \ ":J day of ~ h.-- ,2009, by and between
MOON lAKE HOMEOWNERS ASSOCIATION, I C. a Flonda non profit corporation,
whose mailing address is C/O INTEGRATED PROPERTY MGMT., 3435 10th Street N.,
Naples, FI 34103, (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").
WITNESSETH:
WHEREAS, County has requested that Owner convey to County parcels of land for
a Greenway Trail and public purposes, described as:
TRACT "B", MOON LAKE UNIT ONE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 14 AT PAGES 103 THRU 106 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EASTERLY TWENTY (20)
FEET THEREOF, containing approximately 16,079.40 square feet, and
TRACT "B", MOON LAKE UNIT TWO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 14 AT PAGES 122 and 123 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, containing approximately 44,000.00 square feet, and
PARCEL OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AT BOOK
3737, PAGE 3809, and attached hereto as Exhibit "A", AS FLORIDA POWER & LIGHT
RIGHT OF WAY EASEMENT, MOON LAKE UNIT THREE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLATBOOK 15 AT PAGES 74 and 75 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, containing approximately 142,633.07
square feet, and
TRACT "B", CAYO COSTA UNIT TWO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 41 AT PAGES 66 AND 67 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, containing approximately 151,877.00 square feet,
(Herein after collectively referred to as the "Property"); and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property to County for the stated purposes, on terms and conditions set forth herein, said
terms including that no monetary compensation shall be due and payable for the Property
requested by County, but certain specific items shall be incorporated into the plans and
specifications for the proposed Greenway Project, including installation and maintenance
of approximately 1,256 feet of six foot chain link fence, lockable gates and plantings more
specifically described in Paragraph 10 herein;
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 jf set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Property to County under terms and conditions as stated
herein, (said transaction hereinafter referred to as the "Closing"). Conveyance shall be
made by quitclaim deed, without warranty of title, in "as-is-where-is" condition, in
accordance with Exhibit "A", attached hereto and made a part hereof.
1685
PROJECT: FPL Greenway
PARCEL No(s): Moon Lake
FOLIO No(s): 60605500042,60605000102,60606000059, and 25891000647
AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2009, by and between
MOON LAKE HOMEOWNERS ASSOCIATION, INC. a Florida non profit corporation,
whose mailing address is C/O INTEGRATED PROPERTY MGMT., 3435 10th Street N.,
Naples, FI 34103, (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").
WITNESSETH:
WHEREAS, County has requested that Owner convey to County parcels of land for
a Greenway Trail and public purposes, described as:
TRACT "B", MOON LAKE UNIT ONE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 14 AT PAGES 103 THRU 106 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EASTERLY TWENTY (20)
FEET THEREOF, containing approximately 16,079.40 square feet, and
TRACT "B", MOON LAKE UNIT TWO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 14 AT PAGES 122 and 123 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, containing approximately 44,000.00 square feet, and
PARCEL OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AT BOOK
3737, PAGE 3809, and attached hereto as Exhibit "A", AS FLORIDA POWER & LIGHT
RIGHT OF WAY EASEMENT, MOON LAKE UNIT THREE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLATBOOK 15 AT PAGES 74 and 75 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, containing approximately 78,982.2 square
feet, and
TRACT "B", CAYO COSTA UNIT TWO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLA TBOOK 41 AT PAGES 66 AND 67 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, containing approximately 151,877.00 square feet,
(Herein after collectively referred to as the "Property"); and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property to County for the stated purposes, on terms and conditions set forth herein, said
terms including that no monetary compensation shall be due and payable for the Property
requested by County, but certain specific items shall be incorporated into the plans and
specifications for the proposed Greenway Project, including installation and maintenance
of approximately 1,256 feet of six foot chain link fence, lockable gates and plantings more
specifically described in Paragraph 10 herein;
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 Property to County under terms and conditions as stated
herein, (said transaction hereinafter referred to as the "Closing"). Conveyance shall be
made by quitclaim deed, without warranty of title, in "as-is-where-is" condition, in
accordance with Exhibit "A", attached hereto and made a part hereof.
1685
Page 2
3. Prior to Closing, Owner shall use reasonable efforts to obtain from the holders of any
liens, exceptions and/or qualifications encumbering the Property, the execution of such
instruments which will remove, release or subordinate such encumbrances from the
Property upon their recording in the public records of Collier County, Florida.
4. Due to the need to establish a schedule for completion of the proposed
GREENWAY project, both Owner and County agree that time is of the essence in regard
to the closing, and that 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 for a period of up to six (6) months
pending receipt of such instruments, properly executed, which will either remove, release
or subordinate any and all such liens, encumbrances or qualifications affecting County's
enjoyment of the Property.
7. Owner shall convey the property in its "as-is, where-is" condition. Owner makes no
warranties or representations regarding the condition of the Property or its suitability for
the County's intended purpose. County has had an opportunity to perform its own
investigations and due diligence with regard to all matters affecting the Property and
hereby acknowledges acceptance of the Property in its current "as-is-where-is condition".
8. County shall pay for all costs of recording the conveyance instruments, and
recording costs for any curative instruments, in the Public Records of Collier County,
Florida. County shall be responsible for paying any costs and/or fees associated with
securing and recording a Subordination, Consent & Joinder of Easement of the
mortgage(s) recorded against the Property from the mortgagee(s). County shall reimburse
Owner at closing for reasonable attorney's fees incurred with Becker & Poliakoff, P.A. to
review documentation and provide legal advice and counsel to Owner in this transaction in
an amount not to exceed $3,000.00.
9. County shall be responsible for mowing the Property, and shall construct removable
bollards or other traffic restricting devices to restrict vehicular traffic, other than police
vehicles, County maintenance and mowing equipment, and any Florida Power and Light
vehicles and/or equipment.
10. As part of the GREENWAY project, County shall install and maintain approximately
1,256 feet of six foot chain link fence along the eastern border of the Property in four
segments consisting of approximately 332 feet, 752 feet, 160 feet, and 12 feet, in
accordance with Exhibit "B", attached hereto and made a part hereof. Lockable gates
shall be placed at Tract "L-1" as designated in MOON LAKE UNIT THREE, according to
the plat thereof recorded in plat book 15 at pages 74 and 75; at Tract "L-3" as designated
in CAYO COSTA, UNIT TWO, according to the plat thereof, recorded in plat book 41 at
pages 66 and 67; and at the northeast end of Tract "B" as designated in CAYO COSTA,
UNIT TWO, according to the plat thereof, recorded in plat book 41 at pages 66 and 67, at
the intersection with Moon Lake Drive. The lockable gate at Moon Lake Drive shall be a
twelve (12) foot wide rolling gate which can accommodate vehicular traffic. County shall
install a pedestrian gate at Moon Lake Drive that will be outfitted with a lock and shall be
keyed to match the Moon Lake pool key. County shall plant Confederate jasmine plants
approximately three (3) gallons in size, or comparable vegetation, on eight foot centers
along the 1,256 feet of fencing, and County shall provide initial watering only, with no
requirement for continued irrigation.
11. Ordinance 86-80 recorded at Book 025 Page 208, et seq. in the Public Records of
Collier County, Florida provides, among other requirements, for the project density of
Naples Lakes to be no more than a maximum of 205 residential dwelling units. It is
understood and agreed that this proposed conveyance of the Property to County shall in
no way limit or alter any rights existing under this Planned Unit Development, including the
1685
Page 3
right to rebuild or repair up to a maximum of 205 residential dwelling units in the event of
damage or casualty loss of dwelling units at Naples Lakes. (Presently called Moon Lake).
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. 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.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WIT~S WHEREOF, the parties hereto have executed this Agreement on this L:;- J{
day of ::t?t......, 2009.
AS TO COUNTY:
DATED: q ~l 0<1
ArfE$1~~ , BOARD OF COUNTY COMMISSIONERS
.:SWlght E. Stock, Clerk COLLIER C NTY, FLORIDA
. . ~.' ,-,'
''01 , 0, .;., / -
)
. . -r~~ ,.~ p~\ ~c ~~
By: ~
DONNA FIALA, Chairman
AS TO OWNER:
WITNESSES: MOON LAKE HOMEOWNERS
ASSOCIATION, INC., a Florida no profit
Corporation
~.~<~ B'
,
(Signature)
~ ;;;2 (c S71-'\I?.f.. rY!f4/Za-s f(( Ei<,
(Print Full Name) (Print Full Name)
7< j /~Yl-<!{. \L, ~ 'fYLel1 fU,V ~S(~E LA Uoot) ~/ tfob+
(Signature) (Title) ,
't f f!.f;lJ,'C 1::.5 :I /)] i:. /1/)) I~ S
(Print Full Name)
Approved as to form and
Legal sufficiency:
~1:>'b~
Ass nt County Attorney
\,\ss'\. co u t-.:>"T 'Y f\-lT C K t.::> J... '{
1685
PROJECT: FPL Greenway
PARCEL: Whitehall
FOLIO: a portion of 60605500042, 6065000102, 6060600059, and 25891000647
EXHIBIT 'If\, II
QUITCLAIM DEED Page-L- of 2-
THIS QUITCLAIM DEED executed this _ day of ,2009 by
MOON LAKE HOMEOWNERS ASSOCIA liON, INC., a Florida nonprofit corporation
whose mailing address is C/O INTEGRATED PROPERTY MGMT., 3435 10th Street N.,
Naples, FI 34103 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a
political subdivision of the State of Florida, whose post office address is 3301 Tamiami
Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto the said Grantee
forever, all the right, title, interest, claim and demand which the said Grantor has in and
to the following described lot, piece or parcel of land situate, lying and being in Collier
County, Florida, to wit:
TRACT "B", MOON LAKE UNIT ONE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 14 AT PAGES 103 THRU 106 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EASTERLY
TWENTY (20) FEET THEREOF, and
TRACT "B", MOON LAKE UNIT TWO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 14 AT PAGES 122 and 123 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, and
PARCEL OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AT BOOK
3737, PAGE 3809 AS FLORIDA POWER & LIGHT RIGHT OF WAY EASEMENT,
MOON LAKE UNIT THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLATBOOK 15 AT PAGES 74 and 75 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, and
TRACT "B", CAYO COSTA UNIT TWO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLATBOOK 41 AT PAGES 66 AND 67 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor.
1685
Grantor makes no warranty or representations concerning title to the property.
WITNESSES:
~J.~~
(Signature)
~/Nt: S,.<:. VI-A-
(Print Full Name) <2t~~ k1fli<
(Sign~ "'.M (Print Name)
~CS"(~ dJ..oo u ~~ lJo A-
(~ 1\. ~ (Title)
(Print Full Na e) \/
EXHIBIT ,. <1
Page -
'J- of~
-
STATE OF
COUNTY OF
The foregoing Quitclaim Deed was acknowledged before me this day of
, 20 -' by , as
of Moon Lake Homeowners Association, Inc. Who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial! Commission # (if any):
My Commission Expires:
Last Revised: 2/01107
I 1685 ~
,\ II
I EXHIBIT IB_
Page I of 1
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