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Backup Documents 04/28/2020 Item #16C11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RE- 6 C 1 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office S I 1 J?OZ.V 4. BCC Office Board of County t)/� Commissioners 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was April 28,2020 Agenda Item Number 16C11 Approved by the BCC Type of Document Easement Agreement Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. 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. d~' 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ;7/I signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A 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! 8. The document was approved by the BCC on September 24,2019 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum i b C 11 TO: Minutes & Records Management FROM: Jay Malamphy, Real Property Management DATE: April 30, 2020 RE: 1-75 / Collier Blvd. Utility Relocation Project— iStorage PO, LLC On July 9, 2019, Agenda Item 16C11, the BCC approved Gift& Purchase Resolution No. 2019- 126 and Resolution No. CWS 2019-03 for the relocation of an existing water main which requires a utility easement on certain property owned by iStorage PO, LLC. On March 10, 2020, Agenda Item 16C5, the BCC approved Condemnation Resolution No. 2020-44 and Resolution No. CWS 2020-01. On April 28, 2020, Agenda Item 16C11, the BOCC approved easement documents that were revised by iStorage. Please attest to Commissioner McDaniel's signature as Chairman on the Easement Agreement ("Agreement"). Once the attestation is complete, please email me a copy of the fully executed Agreement. Please contact me at x8402 if you have any questions. Thank you 16C11 MEMORANDUM Date: May 5, 2020 To: Jay Malamphy, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Sr. Deputy Clerk Boards Minutes & Records Department Re: Easement Agreement— I-75/Collier Blvd. Utility Relocation Project w/iSTORAGE PO, LLC Attached is one (1) original as referenced above (Item #16C11), approved by the Board of County Commissioners on Tuesday, April 28, 2010. The Minutes & Records Department has kept an original document for the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16C11 PROJECT: I-75/Collier Boulevard Utility Relocation Project FOLIO: 76885050652 Accepted by BCC pursuant to Resolution 2019-126&CWS Resolution 2019-03 Parcel: 904 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 414-' day of AID jr-5 I , 2020, by and between iStorage PO, LLC, a Delaware limited liability Company, whose mailing address is 8400 East Prentice Avenue, 9th Floor, Greenwood Village, CO 80111, (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 "County"), whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112. WHEREAS, County requires a perpetual, non-exclusive easement for water utility facilities and maintenance purposes over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey an easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement to County for the sum of $1,600.00, payable by county warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon. 2. 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. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) days from the date County executes this Agreement; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. At Closing, County shall deliver the county warrant to Owner and Owner shall deliver the conveyance instrument to County in a form reasonably acceptable to County. 16C11 Easement Agreement Page 2 4. Owner is aware and understands that the "offer" to purchase an easement represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that to Owner's knowledge, the property underlying the Easement, and all uses of the said property, have been and presently are in material 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 County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless County against and from, and to reimburse County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida and all other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments. Owner 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 underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by County. County shall pay all costs and expenses of constructing, installing, and maintaining the utility line and using the Easement, including, but not limited to, permit fees, filing fees, engineering review and expenses, testing and inspection fees, construction costs, restoration and/or repair costs and expenses, and attorneys' fees, costs, and all other expenses arising in connection with or associated with the Easement and this Agreement. 8. In exercising the rights granted under this Easement, County shall at all times (i) exercise due care and ensure that all work is completed in a commercially reasonable, appropriate, professional, and workmanlike manner using top-quality materials, (ii) not unreasonably interfere with, disrupt, or delay any business being conducted on the property, (iii) not obstruct any driveway or any other access to or from the property, by Owner or any occupant or tenant of the property and their loC11 Easement Agreement Page 3 respective employees and invitees, (iv) repair any damage to the property resulting from County's construction, operation, reconstruction, installation, replacement, removal, repairs, alterations, maintenance, inspection, and use, and (v) restore the property to its original condition prior to exercising such rights under this Easement, normal wear and tear excepted. 9. At all time when work is being performed on the property, County shall require its contractors, employees, and agents to carry workers' compensation insurance (at the statutory limits) and comprehensive general liability insurance (in the amount of $1 ,000,000 per occurrence and with Owner named as an additional insured). The workers' compensation policy and general liability policy shall include a waiver of subrogation against Owner and its subsidiaries and affiliates and each of their respective agents, directors, officers, employees, servants, and insurers with respect to the work and services being performed under this Agreement. 10. Subject to the limitations of Section 768.28, Florida Statutes, County hereby indemnifies, defends and holds Owner and its agents, successors and assigns harmless from and against any and all loss, liability, expense, claim, damage or causes of action incurred by Owner (including reasonable attorneys' fees) arising out of or relating to the acts or omissions of County, its agents, employees, representatives, licensees, invitees, and/or any other person under County's control or acting at County's direction, its successors and assigns, upon or relating to the subject Easement Area, except for such loss, liability, expense, claim or damage caused by Owner's gross negligence or willful misconduct. 11. County acknowledges that Owner's improvements, including but not limited to pavement, concrete, parking, drive aisles, curbing, sidewalks, and fences, in existence as of the date hereof may remain and same may continue to be used, maintained, repaired and replaced by Owner and its successors and assigns. In addition, Owner and its successors and assigns may use the surface of the Easement so long as said use does not unreasonably interfere with the rights herein granted. 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 Easement 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. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative 16C11 Easement Agreement Page 4 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 County, its successors and assigns. (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.) 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. [Signature page follows.] Easement Agreement Page 5 1 6 C 11 INWITNESSWHEREOF, the parties hereto have executed this Agreement on this f day of [\ k) , 2019. Date Easement acquisition approved by BCC: July 9, 2019 Agenda Item # 16C11 AS TO COUNTY: DATED: /sfac . ` . ATTEST: BOARD OF COUNTY COMMISSIONERS 'r CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY -,OF COLLIER COUNTY AND AS EX-OFFICIO THE 1..0GOVERNING BOARD OF,THE COLLIER COUNTY W TER-SEWER laISTRICT' - ,40.4 as to 0011'Aty Clerk•loglatu e 400 BY: Burt L. Saunders, Chairman (Signatures continued on next page) AS TO OWNER: DATED : 1601 Easement Agreement Page 6 AS TO OWNER: DATED : le--e iSTORAGE PO, LLC, a Delaware limited Witness(Signature) liability company Nara- ,t or T pe) By. n s`� 12. D . ,. 7"T -- ) "P :° .'�� Name: Tamara D. Fischer fitness signature) Its: Authorized Person -ALA A/ li Me(Print o 'T'pe) Approved as to form and legality: O Jenn A. Belpedio, 'stint County Attorney 92 ry0 ^\ al 1 6 C 11 PARCEL ONE LEGEND PARCEL TWO c N89'56'16 E 5.00' A.E. = ACCESS EASEMENT CI CUE • COUNTY uTILITY EASEMENT D = DRAINAGE EASEMENT DESC.. DESCRPTION w FRhL = 01CIFLORIDA POWER&LIGBOOK COMPANY H I B I T ` W c a OR A OFFICML RECORDS BOOK E X r � PB • PUT BOOK - u PC • PAGE r� W POB • POINT OF BEGINNING 1"a it _ _O) POC = POINT OF COMMENCEMENT U a Y DESCRIPTION -4 W U A TRACT OR PARCEL OF LAND LYING IN TRACT 17 AND TRACT B-II TOLLGATE DRIVE, TOLLGATE COMMERCIAL CENTER PHASE TWO AS RECORDED IN PLAT BOOK 18, PAGES 23-24, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS TRACT 14 COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 11 THENCE N 89'56'16 E ALONG THE SOUTH LINE OF SAID TRACT 11 FOR 15 00 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 15 FOOT WIDE "P' F N COUNTY UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK ,,,e F 3844, PAGE 2445, SAID PUBLIC RECORDS AND THE POINT, OF oo 1- i OOOOoz w BEGINNING OF THE HEREIN DESCRIBED PARCEL, T U} THENCE N.00'46.58 E, ALONG THE EAST LINE OF SAID COUNTY -.-5' 1Y- UTILITY EASEMENT FOR 538.06 FEET TO INTERSECTION WITH THE NORTH LINE OF SAID TRACT 17, -S W THENCE N.89'56'16 E, ALONG SAID NORTH LINE FOR 5 00 FEET, a N THENCE S.00'46'58"W., DEPARTING SAID NORTH LINE FOR 59807 0 0 w FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT B-!l n TOLLHOUSE DRIVE; n 4 THENCE 5 89"56.16"W ALONG SAID SOUTH LINE FOR 5 00 FEET TO m THE SOUTHEAST CORNER OF SAID 75 FOOT WIDE COUNTY UTILITY ro EASEMENT; i H b THENCE N 00'46'58E., ON THE EAST LINE OF SAID 15 FOOT WIDE z COUNTY UTILITY EASEMENT FOR 60.07 FEET TO THE POINT OF �no'rval F�SEMENT BEGINNING OF THE PARCEL DESCRIBED HEREIN; Pe 8l PG 23 \ 3 O CONTAINING 2,990 SQUARE FEET OR 0.07 ACRES, MORE OR LESS I i eS BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE SOUTH LINE I I I OF SAID TRACT I I TO BEAR N.89'56'161- I I H -.- AIS'C_U-E. OR 3844. PG 2445 U U NOTES: I. THIS SKETCH IS NOT A SURVEY. j 2 THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS I- 20' DE AND AE TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE PB t6. PGI n SUBJECT PARCEL N TRACT 12 J Lam-- t5'DEANOUE U 0R 2675.PG 2705 V OR 3464,PG 2852 ti W 5Y il 51 4.1 CC POC DESGt. 9.cowl 9r 2 198aII ------ — —1'-J--J---- 2 4 I Yn ).- ..i r N89'56'16 E 15.00' TOLLHOUSE DRIVE 6 R 2 -1 Y- POB DESC. TRACT B-Il ce ii 0 30' 60' 120' — — ,_ (PLATED EASEMENTS YACHTED n W+ ND'46'S8 E 60 OI' MA REDUCED WITH A DE AND.o 4 SCALE: 1" = 60' L PER OR 2675.PG 2705 AND OR 3464.PAGE 2852)_ TRACT 9 I TRACT 10 W I5'CUE 'NOTA SURVEY"08 3927,PG 3168 , '-589'56'16 iv 500' rU l SKETCH AND DESCRIPTION DRAWN BY: TJD I CHECKED BY: OL.S 0 5'WIDE COLLIER COUNTY UTILITY EASEMENT JOB CODE ccu257 E5 LYING IN TRACT 11 AND TRACT B-II TOLLGATE COMMERCIAL CENTER PHASE TWO SCALE T"•ea 'O PLAT BOOK 18,PAGES 23-24 DATE 12/16/20+6 N SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST FILE CCU257Cu COLLIER COUNTY,FLORIDA SHEET: D 1 OF t H 0.Grady Minor and Associates.P.A. ;J�,f? F � a © GradyMinor 3800 Via Del Rey ,�, ' r.. Bonita Springs.Florida 34134 '" No E-e c T.. a x Civil Engineers . Land Surveyors . Planners . Landscape Architects :r' Q(4. .a'� CM.OF AUN.EB 00(x,171 CrrI.M Awl.1.141201)5151 Olm�lara.LC 26D0O288 cc f11/811f/LF OE9AYI�'V SM Bonita Springs: 239.947.1144 www.Gra dyM/nor.corn Fort Myers: 239.890.4380 ',,,r0,•..•a vs[•A70% 1 ,Of ti C: S',,,,,,,'.