Backup Documents 09/15/2009 Item #16B 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8 6
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 th,: Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exception of the Chairman's signature, draw a line through routine: lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. ()
5. Ian Mitchell, BCC Supervisor Board of County Commissioners M- 3/,1/0
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact 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 Margaret Kreynus Phone Number 252-5846
Contact
Agenda Date Item was 09/15/2009 Agenda Item Number 16B6
Approved bv the BCC
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (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 Yes
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 ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the N/A
document or the final ne otiated contract date whichever is a Iicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes
si nature and initials are re uired.
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 our deadlines!
6. The document was approved by the Bee on 09/15/2009 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Please scan under Collier Boulevard 68056 as Parcel 122RDUE in the BMR Real
Property folder. Thank vou.
1686 II
MEMORANDUM
DA TE: Thursday, September 17,2009
TO: Ian Mitchell, Supervisor BCC Office Operations
o.iJ
FROM:~ Margaret J. Kreynus, Senior Acquisition Specialist
'.
RE: Easement Agreement
Collier Boulevard, #68056, Parcel No. 122RDUE
Patrick J. and Dana P. Williams
Attached is a copy of the Easement Agreement in the amount of $43,750.00 ready for
execution by Chairman Donna Fiala. This represents a settlement in the amount of the
County's offer. The Board of County Commissioners on September 15, 2009 under
Agenda Item No. 16B6, approved the Easement Agreement, and authorized its Chairman
to execute it on behalf of the Board.
Please ask Chairman Fiala to sign the attached Easement Agreement on behalf of the
Board of County Commissioners and forward to the Clerk of Minutes and Records for
attestation. Thank you.
..
16 6
PROJECT 68056
PARCEL No 122RDUE
FOLIO No 37990000002
EASEMENT AGREEMENT
THIS EASEMENT /\GF~i::EMENT (hereinafter I'efp.rr~j to as t'le "Agreement") IS made ar,d
entered Irto on this ___ day of __._,..___..,___ 2<)09, by and between PATRICK J.
WILLIAMS and DANA p, WILLIAMS, husband and wife. ;,nose mailing address is 3720 White
8culevard Naples. FL 34117-4126, (hereinafter collectlveiy r';73rred to as'Owner"), and COLLIER
COUNTY, a politicai subdivision of tile State of Flonda whsp. iY'3:1l11g address is 3301 Tamiami
Trad East, Na~Jtes, ~~Io, !rJa 341 '12 (here:nafter refer:':~J tCl:.\ "\,rcndser").
\/VHE::HEAS, PUrchi1ser requires a perpetual. 'l01'i~X,iuslve nght-of-way, drainage 3nd Utll!ty
8as,:;nlent to c;ntLr upon and to install ll"d {'j;'! ".3Ir: "",ad'N3/ b:ke path 31~d S!I je\'i_~)k
!r'1 8:'"0.- _;r1~7nt3. dr;'3,'laOF SHucturec; !~"ci! !rling hl)t not --it2J ~~' d~t;"'r€'.'i :,_;~,.]ISS, cdrthc~, t:,.-:r:::s, ::c-
i r,' arc! retaining ,vl,il! systems, unrlergrGund ;);p;."" v"JL~ ''Jpe; at "ater control strUGtcires, ihe
I r:g,lt ~o remove and use any and all excavated mate 11 ar'd a'lY anD 31! mClnner of pubic Clnd
I private utility facilities over, under, upon and across the follOWing dc~cnbed lands located in Collier
County, Flonda, and descnbed In Exhibit 'A', which 's ?ttacnerJ hereto and made a part of this
to,greement (hereinafter referred to as the 'Easement'J: and
WHEREAS, Owner deSires to convey the Ease'nent to PvchClser for tre stated purposes,
on the terms and conditions set forth herein: and
'NHEREAS, Purchaser has agreed to compensate O'N"N fe" cOI:'/eyance of the Easement
NOW THEREFORE, In conSideration of these pr"rnlc,ps ,i'le ';A, ell Ten Dollar's ($1000)
and other Dood and valuable consiaeration, the receipt ,1:'0 5uff!c:en,:'i 0;' ,.'hicn is hereby mutuaily
i Jdnowled;)8d It is agreed by and between the parties ;15 toil,wlS'
I
I , ,c"n of the above RECITi\LS are true and correi~t ]nc) ar-e h.;ieby ~XDiessly incorporalcrj
herein by reference as If set forth fully below, ana a!: E:<hih,ts r,;'erenced herein are made 3
! part of this Agreement.
I
2, Owner shall convey the Easement to Purchaser for U-,a sum of:
$43,750,00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this
Agreement (said transaction hereinafter referred to as the "Closing"), Owner shall also be
entitled to statutory attorney fees in the amount of $2,85450, and for prcfessional real estate
appraisal services in the amount of $6,620,00 Said payments shall bl? made to the Roetzel
and Andres PA Trust Account, in a single payment of $53,22450, Which shall be ful'
compensation for the Easement r:;cr:veye;:'., including '3H landscaping, trees, sr,l'ubs,
Improvements, and fixtures located thereon, Clno shail be in full and final settlement of any
damages resulting to Owner's remaining lands, costs to cure, including but not limited to tt>e
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
provlced 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 iterns specified herein ilnd the following documents and
!nstruments duly executed and acknowledged, in recordable form (hereinafter referred to as
"Closing Documents") on or before the date of Closing:
(a) Easement;
-.~.._-- . ------~._-~~--
,I
Page 2
(b) Closing Statement 16 B 6 "..
(c) Grantor's Non-Foreign, Taxpayer Identification and 'Gap , Affidavit
(d) W-9 Form and
(e) Such eVidence of authonty and capacity of Owner and its representatives to
execute and deliver this agreement and ali 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, fherefore. Closing shall occur
within one hundred and twenty (120) days from the oate of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall ;Jave the lJr111ateral right to extend the
term of this Agreernent pending receipt of such Instru,rt~nts, properly executed, which either
remove or release any and all such liens, encllrr'brances or qualifications affecting
Purci1aser's enjoyment of the Easement At C!cslng, f,Jayrnent shall be made to Uwn~r In
that amount shown on l,r,e ClOSing Statement as 'Net Cash to Seller, and Owner shal!
deliver the ClOSing Documents to Purchaser in a ;dm acceptable t'J Purchaser,
C'!.T:~:-!'" 3;j;-(<:~'; ~G ;'C:;'-J;';-':~'.7: ai~'/ . ';i;:..:';ig trr:gdLufi ) 15 l'-:"(I lo,;alcej ,,_)n H1e t:iJsement InCluding
in Iga::ion 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 orior 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
wilhout any further notification from Purchaser Owrer ackrowledges that Purchaser has
compensated Owner for the value of the Improvi;rnents 'llld yet Purchaser is willing to permit
Owner to salvage the Improvements as long ;)5 ihelr retrieval IS performea before
construction and without Interruption or Inconvenience to the County's contractor, ;:\'II
Improvements not rernoved from the Property prior to commencement of construction of the
prOject shall be deemed abandoned by Owner,
I ThiS provision shall surllVe Closing and IS not deemed satisfied by conveyance of title
6 Owner and Purchaser agree to do all things which rnily 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 ail actions and to perform all tasks
required of Owner hereunder and [0 consumm,"6 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
(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.
-~~. -.._'^ --~---.~..
Page 3 1686
(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 'Nriting prier to the effective date of tI-"S Agreement
(g) Purchaser is entering into tnlS Agreement b3sed upon Owner's representations
stated in thiS Agreement and on the understanding that Owner will not cause the
physical condition cf the property underlYing the Easement to change from its
eXisting state on the effective date of this Agreement lID to and including the date of
Closing Therefore Owner agrees not to enter Into any cont,acts or agreements
pertaining to or affecting the propellY underlYing the Easement and not to do any
act or omit to perform any act which wouid arjverse!y affect the physical condition of
the property underlYing the Easement or Its int-:nded use by Purchaser.
Ih) The propert, uncierl/ing uV: Easement, di'!] 31 J3'?S ,',f tne said property have been
and preSEntly are In compliance With :111 Fecjerai State and Local environmental
law::I' that no hazarClous substance", ;,ave :)H?'i c',:n,?rated, stored, t",;ated or
trar";ferred on ~he cropel1v under", ,1r; ~:" -~, ~:.:-,~; (: -ne ."~t exc ...::IO~ J'':: _" ~;; I'~
'.,;. .
~ .. .~: .;. _..l. , r -' ..... ;- ',~' . ."i :.;~.:. r 1[1:1; LL: '-".'.':-';~; ;-I(:JS . u ,;:owiedge :); "',y spili or
environmental law VI Jlatlon on the prJperty contl';uous to or III the vl,:l'lty of the
Easement to be sold to the Purchaser, t~'at the O\'/,ler 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, proceeclng or Investigation regardIng
the generation, storage, treatment, spill or transfer of hazardous substances on the
property underlying the Easement, ThiS proviSion shall survive CloslIlg and is not
deemed satisfied by conveyance of title,
8 Owner shall indemnify, defend, save and hold harinless the Purchaser against and from, and
reimburse the Purchaser With respect to, any and air ,jam ages, cialms, liabilities, laws, costs
and expenses (Including without limitation reascr.abie paralegal and attorney f8es awl
expenses whether in court out of court, In bankruptcy or administrative proceeoln!]s or on
appeal), penalties or fines incurred by or asserted against the P'Jrchaser by reas,m x ariSing
out 0' the breach of any of Owner's representations under paragraph 7(h) This provision
shall survive ClOSing and is not jeemed satisfied by conveyance cf title
9, Purchaser shali pay all fees to record any curative in:itriJments required to clear title, al!
Easernent recording fees, and any and all costs and/or fees assOCiated with secunng 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 for the execution of any release, subordination or satIsfaction,
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. In accordance with the
provisions of Section 20101, Florida Statutes, related to the exemptions against payment of
documentary stamp taxes by Purchaser, Owner shall further pay ali documentary stamp
taxes raqui~ed on the instrument(s) of transfer, unless the "asemenl,,, ,'cquired under :hreat
,)f 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,
I Owner shall make a written public disclosure, according to Chapter 286. Florida Statutes,
I
i 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
F'ufcllaser, (If the corpora/on !S registered with the Federal Securities Exchange
ComfT1rssion or registered plorsuant to Chapter 517, Florida Statutes, whose stock is for sale
to the general pub!lc It IS hereby exempt fi'Om the provisions of Chapter 286, Florida
Statutes. )
Page 4 1686
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, incfuding 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 hove executec l~1is Agreement on the date first
above written
AS TO PURCHASFR
DA TED,q P)/i!?r
BOARD OF ~ COMMISSld
COLLIER C , FLORIDA ~
BY'____ ~___
DONNA FI LA Chairman
~~~i~
PATRICK J W .L1AM
~
WII L1AMS
Approved as to form and
legal sufficiency:
.
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Assi t County AltOri:=t. "-
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---'-----
Agenda Item No. 1 ~6 6 B 6
September 15, 2 9
Page 1 of 216
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement for the purchase of a Perpetual Road
Right-of-Way, Drainage, and Utility Easement which is required for the Collier Boulevard
Project. Project No. 68056, Parcel No. 122RDUE (Fiscal Impact: $54,619.50).
OBJECTIVE: To obtain the Board of County Commissioners' approval of an Agreement to
purchase a sixty foot (60') Road Right-of-Way Drainage and Utility Easement (RDUE) to the
County, that is required for the Collier Boulevard Project (Project No. 68056).
CONSIDERATIONS: Collier County is seeking to obtain a 60 foot wide Road Right-of-Way
Drainage and Utility Easement across the property frontage which is owned by Patrick J. Williams
and Dana P. Williams. The 1.14 acre parent tract parcel is improved with a single family home on
White Boulevard, and there are improvements located within the proposed easement area, The
legal description of the easement is attached to the Easement Agreement as Exhibit "A." There are
two project resolutions in place; the Gift and Purchase Resolution No. 2007-326 approved on
November 13, 2007 as Agenda Item No. lOB and the Condemnation Resolution No. 2008-353
approved on December 2,2008 as Agenda Item No. lOB.
On or about May 19,2008, the County received an appraisal for the required property in the amount
of $35, 1 00. On June 19, 2008, Collier County made an offer to purchase the required property for
the sum of $35,100. On September 25, 2008 Allied Appraisers & Consultants, Inc. prepared an
appraisal for the Williams in the amount of $84,200.
Subsequently, Mr. Williams' attorney, Ken Jones, entered into negotiations with the County and
both parties ultimately agreed to the purchase price of $43,750. Mr. Jones is entitled to a statutory
fee in the amount of $2,854.50 and the Allied Appraisers & Consultants, Inc. invoice was
negotiated from $12,050 to $6,620.
Staff recommends that the Board of County Commissioners purchase the subject property from the
Williams for $43,750 plus fees and costs. While land values are down, improvements and damages
have not been so affected, and the County has negotiated the purchase price as low as possible.
This purchase would avoid additional costs to the County associated with taking the property
through condemnation (filing fees, service of process on all interested parties, an appraisal update,
mediation expenses, and the time of the staff of the County Attorney's Office).
FISCAL IMPACT: The fiscal impact is $54,619.50 which includes the $43,750 negotiated
purchase price, fees and costs in the amount of $9,474.50, plus title insurance, bank fees and
recording fees not to exceed $1,395. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan,
LEGAL CONSIDERATION: This item is legally sufficient for Board action, is not quasi-judicial
and as such, ex-parte disclosure is not required. This item requires only a majority vote. JBW
Agenda Item No, 16B6
September 15, 2009
Page 2 of 216
16B,~
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Easement Agreement and authorize the Chairman to execute same on
behalf ofthe Board;
2. Accept the conveyance of Parcel 122RDUE (Road Right-of-Way Drainage and Utility
Easement) and authorize the County Manager or his designee to: (a) take the necessary measures to
ensure the County's performance in accordance with the terms and conditions of the Agreement:
and (b) to record same in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction; and
4. Approve any and all budget amendments, which may be required to carry out the collective
will of the Board.
Prepared by: Margaret Kreynus, Senior Property Acquisition Specialist, TECM
Attachments: Easement Agreement with Exhibit "A"
Aerial View ofthe Property
Two Appraisals
Page 1 of 2
Agenda Item No. 16B6
September 15, 2009
Page 3 of 216
COLLIER COUNTY 1686
BOARD OF COUNTY COMMISSIONERS
Item Number: 16B6
Item Summary: To obtain Board of County Commissioners approval of an Agreement to purchase a sixty foot
(60) Road Right-of-Way Drainage and Utility Easement (ROUE) to the County, that is
required for the Collier Boulevard Project (Project No, 68056). ($54,619,50)
Meeting Date: 9/15/2009 9:00:00 AM
Prepared By
Margaret Kreynus Property Acquisition Specialist Date
Transportation Services TECM-ROW 8/20/200910:40:25 AM
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney Office 8/21/20098:47 AM
Approved By
Margaret Kreynus Property Acquisition Specialist Date
Transportation Services TECM-ROW 8/21/200910:45 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/24/200910:33 AM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Services Transportation Administration 8/24/2009 11: 17 AM
Approved By
Marlene Messam Senior Project Manager Date
Transportation Services Transportation Engineering &
Construction Management 8/24/2009 11 :25 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 8/24/2009 11 :29 AM
Approved By
Therese Stanley Grants Coordinator Date
Transportation Transportation Administration 8/24/2009 2:53 PM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 8/27/200912:22 PM
file://C:\AgendaTest\Export\134-September%20 15, %202009\16. %20CONSENT%20AGEN... 9/912009
pagel~ B 6
Agenda Item No, 1686
September 15, 2009
Page 4 of 216
Approved By
Najeh Ahmad Director Date
Transportation Engineering &
Transportation Services Construction Management 8/28/2009 9:51 AM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 8/28/2009 3:43 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 9/1/2009 5:47 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 9/1/2009 6:21 PM
Commissioners
file:l/C:\AgendaTest\Export\ 134-September%20 15, %202009\16. %20CONSENT%20AGEN... 9/9/2009
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Agenda Item N 1686
September 1 ,2009
Page 5 of 216
PRO,JECT: 68056
PARCEL No: 122RDUE
FOLIC No 37990000002
EASEMENT AGREEMENT
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THIS EASEMENT /IGREEMENT (here.inafte,r r,cf,em~d to as the "AgreenK'nt") is made an, d I
ent~red If1lo on th's _ day of .,_.___......n.__.' 2009, by and between PATRICK J.
I WILLIAMS and DANA P. WILLIAMS, husband and wife, ",hose mailing address is 3720 White I
I Boulevard, Naples, FL 34117-4126, (hereinafter co%ctively ,',:ferred to as'OI';ner"), and COLLIER I
I COUNTY, a political subdivision of tile State of Florida, whose mailing address is 3301 Tarniami
i Tra;1 EEt, Naplos, Floi'ida 341 '12 (herehafter refer'",:! to ,,~; "co"rr;haser"),' ,
I \".}HFREAS. Purchaser requires a perpetual1 rl0~1-(~xclusiv.; righiHof..way, drainage and utility ~
i eas'3rJe,,( 10 enter upcn and to install and m,l";jain rcaci"Na'f, bike path and sidew3!k !
1 irnc~tr'.i~rnBn~s~ dra:naQE structures irciurling hut nnt ':::'~ltej t(' d~I.~:~he.'.;, s'./l.1'85, ctir7hen 0,,):-1:15, :"~r.;~ :
i 'c';~;' an"1 retall'ling wa!! systems, undergruund p'p",s, V"':OtiS :ype'i ot water control structures, 1he I
I ::;;l1t tc'cmove and use any and all excavated mater;",I, ,lf~d any a'1d ail manner of public and I
private utiiity faci\ities over, under, upon and across the fOllowing describecllaMs located in ColI;~Jr
CO\Jnty, FloricJa, and descnbed in Exhibit 'A', which,s a!tachec.J h€reto and made; il part of thiS
/',greernent (hereinafler re'erred to as the'Eascment''): and
WHEREAS, Owner deSIres to convey tile Easement to f.'~JrchiJser for the staled purposes,
on the lerms and conditions set forth herein: and
WHEREAS, Purchaser has "greed to compensatr: ON"er fe" conwlyarce of ti1e Easement.
NOW THEREFORE, In COnSldl'lration ~'f these pr()mi""s, tr,,, $,11;'1 "f Ten Dollars ($'1000),
and otller good and valuable consic:ieraiion. the receipt and suffd:;ienC:l of ,.,'hich is hemby mutual!y
acknowlEdged, it is agreed by and between th~ parties as !odows'
1 All of the above RECITALS iJre true and corrc(,t and ai'e hereby eXPlessly incorporateri
herein by reference as if sel forth funy below, and at! Exhibits I<;(erenced herein are made 3
part of this Agreement,
2, Owner shall convey the Easement to Purchaser Fer the sum of:
$43,750.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this
Asreement (said transaction hereinafter referred to as the "Closing"), Owner shall also be
entitled to statutory attorney fees in the amount of $2,854,50, and fer professional real estate
appraisal services in the amount of 55,62000 Said payments shall be made to the Roetzel
and Andres PA Trust Account, in a single payment of $53,224,50, Which shall be fui'
compensation for the t'asenlent ccweyed, inc!~:d:ng all iandsc8ping, trees, shrubs,
improvements, and fixtures located thureon, anoshall be in full and final settlement of any
da11ages resulting to Owner's remaining lands, costs to cum, including but not limited 10 tre
cost to relocate the existing irrigation system and oth6r improvements, and tile cost to cut
and cap irrigation lines extending into the Easement, and to rernove 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
prcvlded 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 inslruments which will
remove, release or subordinate such encumbrances frorT' tte Easemont upon their recording
in the public; records of Coliier County, Florida At or plior to Crosing, Owner shall provide
Purchaser with a copy of any existing pnor title insurance po!icies, Owner shall cause to be
delivered to Purchaser the items specified herein ana the foHowing documents and
instruments duly executed and acknowledged, in recordable form (11ereinafter referred to as
"Closing Documents") on or before the date of Closing:
(a) Easement;
.
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Agenda Item No. 1686
September 15, 2009
Page 2 Page 6 of 216
(b) Closing Statement.
(e) Grantor's Non.Foreign, Taxpayer Identification and "G3p" Affidavit;
(d) W-9 Form; arc
(e) Such evidence of authority and capaci:y of Owner and its representatives to
execute and deliver this agreement and all 0H1er documents require,j to
consummate this transaction, as reasonatAy determined [)y Purchaser, Purchaser's
counsel and/or title company.
4, Both Owner and Purchaser agree that tlmo is of the essence. Thereto:e. ClOSing shall occur
wi:hin one hundred and twenty (120) d3\'s from the date of execulion of 1I1is I\greement by
th) Purchaser; provided, however. that Purchaser shall have the unilateral fight to extend the
torm of this Agreement pending receipt of such instrurrents, properly executed, wt1ich either
remove or releas!; any gnd all such I'ens, enclIrpbrances or QuEllifications affecting
F'Lrchaser's enjo'l'ment of the Easement l,l C:0sing, pa:'ifnent shail be made to Owner in
thilt ;:mlOunt shown on the Clus,ng Stalement as 'Net C,lsh to Selier," and Owner shali
de!h.:er the Closing Docurnents to Purch8ser in a f(~rrn acceptable to Purchaser.
l ;" C':'::T;e:,:lsref:::~ to ;'elJ;';;~'.';;: aI".? ,:<.:;t,1'119 !rrig,:;It:()r! 3YS~":I.I: h:::aldd ,XI the Easen1ent inCluding
irn~ation lines, electrical wirin~1 and sprinkler \;aivf;;'s, e~c.. prior to the construction of the
project without any further notification frOrD Purchaser, Owner assumes lull responsibrlity for
thE' relocation of the irrigation system on ttle rem;.linder property and its performance after
rell)ca,ion, Owner holds County harmless for any and all possible damage to the Irrigation
system in It];: event owner fails to relocale the Irrigation system prior to construction of the
p"(,jecl.
If Owner elects to retain improvements and/or landscaping ("Improvements") located on the
Easement, the Owner is responsible for their retrieva' prior to the construction of the project
without any further notification from Purchaser Owner acknowledges that Purchaser has
compensated Owner for the value cf the improvements and yet Purchaser is willing to permit
Owner to salvage the Improvements as long as their retrieval is performed before
conslruction and wiU,out interruption or inconvenience to the County's contractor All
Im:xovements not removed from the Property prior to commencement of construction of the
pmjecl shall be deemed abandoned by Owm~r.
Ttl:S provision sha:1 survive Closing and is not deemed satisfIed tJY conveyance of titie,
6 Owner and Purchaser agree to do all things which IT\ilY be reqlJired to give effect to this
Agreement immediately as such requirement is made known 10 tt1ern or they are requested
to co so, whichever is ~he eariier,
"i, Ownc.r agrees, represenls and warrar.ts the fol!owing:
(a) Owner has full rigilt, power and authority to own and operate the property
underlying the Easement, 10 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 ail actions and to perform all tasks
required <)f Owner hereunder and lu conSlJrnm,jie the transaction cOl"templaled
hereby,
(b) Purchaser's acceptance of the Easement sha!l 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.
(d) Until the date fixed for Closing, so long as this f\greement remains in force and
effect, Owner shall not encumber or convey 3rlY 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, adve'i'sing, man<lge'11ent, leaSing,
employment, service or other contracts affecting the Easement.
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Agenda Item !~BB 6
September 15, 2009
Page 3 Page 7 of 216
(f) Owner has no knowledge that there are any suits actions or arbitration,
administrative or other proceedings or governmental investigations or requ'rerrents,
formal or inform ai, 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 relateel to the Easement which has not been disclcsed
to Purchaser In writing prier to the effective date of Ihis Agreement
(g) Purchaser is entenng into l"is Agreement based upon OW110(S representations
stated in thiS Agreement and On the understanding that OViner wiil not cause the
physical COndition of the property underlying tho E9sement 10 change from its
existing state on U10 effective datt-} of this Agreement up to and including the date of
ClOSing, Therefore, Owner agrees not to enter Into any cent'acts or agreements
pertaining to or affecting the property under'ying the Easement and not to do any
JGt or ornit to perform any act wnich would adversely 2Fleet the physical condition of
the property underiying the E,'lsenwnt 01' its int0nded use by Purchaser.
(h) The prop;;jrty '~Jn(.ferrying ;hf: Eas~rner:t. ;.Hld aH uses cf the s,1id property, haVf) b~?en
.:~n(l pre~,e~nly are in cornr+ance with all Fecier21. State and Local envlforvnental
lavo'S: that no hazardous substance~.; have b~;'e'l ueneraled, stored, treated or
,. ~~~,~:~f:.Z~d:, Ot~: li~Jr~~~~~~Y \i~~d~,~~i'r:;./.,;~~~ r~J~s~:(:";~t0\~i:c:;~ ~t a~~"'~~;f:2;~ .
" environmE:nta! law v:olai!on on the p"operty contr,,1I0us to or In the vlC:ln:ty of the
Easement to be sold ,0 the Purchaser that ,he Owner has roi received notice and
otherwise has no knOWledge of 3) any spill on the property linderiying Ihe
Easement; b) any eXisting Dr threatened environmental lien against the propert~'
underlying the Easement; or c) any lawsuit. proceecing or investigation regarding
tho generation, storage, treatment, spiil or transfer of hazardous substances on the
property underlying the Easement. ThiS provision shaH survive ClOSing and is not
(feemed satisfied l)y conveyance of titre,
8. O\',ner shall indemnify, defend, save and hold harmless the Purchaser against and from, and
rt)irnburse the Purchaser with respect to, any and ail damages, claims, liabilities, laws, cosls
and expenses (including wilholit limitation reasor,able para!egal and attorney fees and
ex;:enses whether in court, out of court, in bankruptcy or adrninlstralive proceedings or on
aPf:,eal), penalties or fines incurred by or asserted against the PlIrchaser 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 an:! curative ins1nllllk,nts required to clear title, all
Ensement recording fees, and any anr.J all costs and/or lees associated Witll securing and
recording a ReleaSH or Subordination of any mortgage, !ien or other encumbrance recorded
against the property unclerlYlIlg the Easement; provided, tlcwever, ti12t <lI1Y apportionment
and distribution of the full compensation nrT10unt in Paragraph 2 w'lich may be required by
any mortgagee, lion-holder or oHler encumbrance-holder for the protection of its security
interest or as consieJeration for the execution of any release, subordination or satisfaction,
shall be tile responsibility of the Owner, and shall be deducted on the Closing Statement
from the compensation payable to the Owner per Paragraph 2, In accordance witt) the
provisions of Section 201. 01, Florida Statutes, related to the exemptions against payment of
documentary stamp taxes by Purchaser, Owner shClIi fwther pay all documenta:y stamp
taxes requi:ccl on the instrument(s) of transfer, U'l/ess ,he ':asement is c.cquired uilder threat
e)f condemnation,
10, This Agreement and the terms and provisions hereof shall be effecti\'o 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 Chapler 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in the
prope/1y underlying the Easement before the Easement herd in such capacity is conveyed to
Purchaser (If the corporation 1$ registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale
to Ihe general PUb!IC, It is hereby exempt from the provisions of Chapter 286, Florida
StaMes)
1686 i
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Agenda Item No. 1686
September 15, 2009
P 4 Page 8 of 216
age
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 j
staled herein; and this written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the parties, and ;here are no other
prior or contemporaneous written or oral agreements, tmderlakings, oro:nises, warranties, or
covenants not contained herein. No mOdtfication, amendment or cancellation of this
Agreement shall be of any force or effect unless made in writing and executed and dated by
bolh Owner and Purchaser.
~3 Should any part of this Agreement be found to be invalid, then such inva'id part shall be
severed from the Agreement. and the remaining provisions of this Agreement shall remain in
fulllorce and effect and not be affected by such invalidity
14, This Agreement IS governed and construedn accorciance with the laws of tbe Slate of
FI:)',da,
iN WITNESS ~'\iHEREOF, the parties hereto have exe~Jted thts ^qmerrent on the date ITst
8bove vHit~en
1',$ TO F'UF\CHASFi~
,
"',
1J,A, TED -......-.-_. ..... ....._._.A_~_~ ".0._ ~._..~
II TTEST BOARD of COMMISS'd
DWIGHT E BROCK, Clerk COLLIER Y, FLORIDA ~
BY. ~
--,--- Oep:Jt"yCiCrk B<SN NA 'IALA~-Chairman.m'._"_-
AS TO OWNER
D:/:___ E~
w~;~
PA TRICK J. W LLfAMS
-3)b~tj7~,!::~fo :lC:
Name (Pr 1t or Type)
~Q,.l1...til)1,":"U:J&
Itne" (Signature)
e:JflO.hcfu"Nl.:.Cem", .~
Name (Print or Type)
~~~(
-_._.~... .- ,- ............__.._._~._-
V" nes Signature) ~ P WII LI,\MS
--) (\ "~(_1:~{;:~____r. .
Name (Prim or Type)
."" " , :.tl1-VLWn-
ttnes (Signature)
~JllOJ2e-th M. UTIL
Name (Print or Type)
Approved as to form and
legal sufficiency:
A,'~~A~~ ~\TL
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Agenda Item No. 16B6
September 15, 2009
Page 9 of 216
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PH0f '::~:,LV ;~:C,.,:WiAY, rn:,.L'l:,CC. AND UTiLny rj,:~:CtA:.,'l~ (;~;)LJE:) AND UflUTY EASEMENT
E): ?\IGHT or WA'~ U'::'r>~:A~Sl) 'rc "TH::, Pr:'~>':t:T,.,'A[ ,;1.)[
OF FL. ~~uc F'fJ~ PI..l,T :JODK 'I. PAGE 17
:'[G~L DESCRIPTION Fer, P~RCEL 122ROUl
II p~:rf~'ir:)H Cf' !Gf~. GCt.DCN C,\';"E ESTATE.S, :,\,'~' 2.... ..~s 1~;'CC:~Di::"1) IJ.~ PLA~ ,I? or THE
n~!f:t,:,: (':[CG~~C:~'; COU,:l:"R CCU~~TY. nCr,'IO..."., L '(.ING ~\ 14, -~ ~)NnSH!p 49 ::S ~J.~;:,
COU.TP CC-.~~~:Y, iT.cm'DA m:!!';,:,: M'JRf: FAP.T<':UU',i";:..Y ,~~; VOll_DWS,
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I ren: CO...UE;i Cl..\,',"'ff( G~;'/::,,~,.'H.1rN7 0,)i~.r~() of:; :'.:Dl;!\,)'( cow..o'!~;~i(j-".;L:';"S Mil ~"'..;; "",:-'"1('''': ;~<<: {}Tt;.:r._"-l "(~""'!',J'f lr ~N...t: r.Wi'll'~>S5H) t;~,.at {.f
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