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Agenda 09/28/2021 Item #16C 1 (Sports Complex and Event Center - Utility Facility Warranty Deed Conveyance)09/28/2021 EXECUTIVE SUMMARY Recommendation to approve and execute documents necessary for the conveyance of a Utility Facility Warranty Deed and Bill of Sale for potable water infrastructure on County owned property located at the Collier County Sports Complex and Events Center, 3920 City Gate Blvd N, to the Collier County Water-Sewer District, at no cost to the County. OBJECTIVE: To convey a Utility Facilities Warranty Deed and Bill of Sale to the Collier County Water-Sewer District (District) for potable water infrastructure installed on County owned property. CONSIDERATION: On October 13, 2020, Item 11.B, the Board approved the Contribution Agreement with Uline Corporation for the construction of a regional distribution facility adjacent to the Collier County Sports Complex and Event Center (Complex). City Gate Naples, LLC’s (Uline’s) contractors are relocating City Gate Blvd. South and doing other work (expanding the stadium’s parking lot) at the Complex. With the relocation of City Gate Blvd, South, water facilities need to be relocated. The construction of the facilities is now nearly complete and in preparation for the final completion, the requirements of the District must be met. The District is the water and wastewater utility service provider in the City Gate area and will be providing water and wastewater utility service to the Complex. Recording of appropriate documents will be done by GMD once all District requirements have been met for Preliminary Approval. A location map is attached for reference. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: The conveyance documents have been reviewed and approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: That the Board: 1. Approve and authorize the Chairman to execute the documents necessary for the conveyance of the utility facilities, including the attached Utility Facility Warranty Deed and Bill of Sale, and Owner’s Affidavit, and 2. Direct the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the aforementioned documents in the Public Records of Collier County, Florida. Prepared by: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. Location Map (PDF) 2. CAO Initaled UFWD&BOS (PDF) 3. CAO Signed Owner Aff (PDF) 16.C.1 Packet Pg. 923 09/28/2021 16.C.1 Packet Pg. 924 09/28/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 19920 Item Summary: Recommendation to approve and execute documents necessary for the conveyance of a Utility Facility Warranty Deed and Bill of Sale for potable water infrastructure on County owned property located at the Collier County Sports Complex and Events Center, 3920 City Gate Blvd N, to the Collier County Water-Sewer District, at no cost to the County. Meeting Date: 09/28/2021 Prepared by: Title: Property Acquisition Specialist, Senior – Facilities Management Name: Cindy Erb 09/01/2021 5:00 PM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 09/01/2021 5:00 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 09/01/2021 5:28 PM Water Steve Messner Additional Reviewer Completed 09/08/2021 8:58 AM Wastewater Steve Messner Additional Reviewer Completed 09/08/2021 8:59 AM Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 09/08/2021 9:12 AM Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 09/08/2021 4:33 PM Facilities Management Ed Finn Director - Facilities Completed 09/09/2021 11:52 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 09/09/2021 1:40 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/16/2021 8:07 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/16/2021 1:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2021 1:42 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/17/2021 8:38 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/17/2021 10:55 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/20/2021 9:38 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/28/2021 9:00 AM 16.C.1 Packet Pg. 925 LOCATION MAP 16.C.1.a Packet Pg. 926 Attachment: Location Map (19920 : City Gate Blvd South - Sports Complex) 勧お加ド″2翻 “ ′〃・ψara″″ α″′rar2″ッ ′οf Jennifer A.Belpedio,Assistant County Attorney, 0籠 ce Ofthe County Attomey 3329 East Tamiami Trail,Suite 800 Naples,F:orida 34112‐5749 Phone:(239)252‐8400 Facsimile:(239)593‐1309 UTILITY FACILrrΠ 】S wARRANTY DEED AND BILL OFSALE THIS INDENTURE made this_____day of ,2021 by COLLIER COUNTY,A POL】TlCAL SUBDIV10N OF THE STATE OF FLORIDA,whose post of「lcc address is 3335 East Tamiami Trail,Suite 101,Naples,Florida 34112,hereinaner referred to as"Grantor“,andthe BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX‐OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER‐SEWER DISTRICT,whose post OfFlce address is 3335 East Tamiami Trail,Suite 101,Naples,Florida 34112,its successors and assigns, hereinaner refened to as“Grantec“.WITNESSETH: That sald GrantOr,f01・ and in consideration of the sum of Ten Dollars($10.00)and Other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said Crantee,and(3ranteeis heirs,successors and assigns forever,all pOtable water utility facilhies andノ or system(s)Or portiOn(s)thereOf lying in,on, over and under the following described land, fOr operation, relocation, insta∥ation, repair and/or maintenance ofsaid facilities,system(S)Or pOrtiOn(s)thereOt ali situate and lying and being in Collier County,Florida,tO wit 、 (See Exhibit "An attached hereto and incorporated by reference herein.) (See Exhibit "8" attached hereto is a sketch or othel graphic representation that depicts the physical location of the utility systems being conveyed.) and said Grantor does hercby fully wamant the title to said utility facilities and/or system(s) or portion(s) thereoi, be they realty, personalty, or mixed, and Grantor witl defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s) and/or portion(s) theneof conveyed herein shall not be deemed to convey any of the lands described in either exhibit. Grantor and Grantee are used for singular or plural, as context allows. A sketch or other Page I of6 08.27,2021CC to CCW&SD 16.C.1.b Packet Pg. 927 Attachment: CAO Initaled UFWD&BOS (19920 : City Gate Blvd South - Sports Complex) graphic representation showing the location ofthe utility facilities, etc., being conveyed is attached as Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, r€locate and/ot take or introduce materials for the purpose of constructing, relocating, op€rating, repairing and/or otherwise maintaining utility systems thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written Signed, sealed and delivered in the presence oft ATTEST: CRYSTAL K. KINZEL, Clerk of Court BOARD OF COUNTY COMMISSTONERS & Comptroller in and for Collier County, Florida COLLIER COUNTY, FLORIDA BY: Deputy Clerk PENNY TAYLOR,Chair Approved as to form and legality: 姉m劇 ……unty Attor町 )ゃ . Page 2 of608.27.2021 CC to CCW&SD 16.C.1.b Packet Pg. 928 Attachment: CAO Initaled UFWD&BOS (19920 : City Gate Blvd South - Sports Complex) EXHIBIT "A'' Legal Description The County Utility Easements (C.U.E.s) described on that cefiain Utility Easement dated May t2, 2020 and recorded on May 19,2020, at Official Records Book 5764, Page3429 of the Pubtic Records of Collier County, AND which abut the Plat of CITY GATE COMMERCE PARK, PHASE THREE REPLAT NO, 4, recorded in Plat Book 68, Page 68 through 73, Public Records, Collier County, Florida. Page 3 of6 08.27.2021CC to CCW&SD 16.C.1.b Packet Pg. 929 Attachment: CAO Initaled UFWD&BOS (19920 : City Gate Blvd South - Sports Complex) EXHIBIT``B" SKETCHノ GRAPHIC REPRESENTAT10NDEPICTING THE PHYSICAL LOCAT10N OF THE UTILITY SYSTEMS BEINC CONVEYED. LOT ll lltnr rrlt tn lr\t F ar tr-Fa Page 4 of6 08.27.2021 CC to CCWaSD '――:'一 16.C.1.b Packet Pg. 930 Attachment: CAO Initaled UFWD&BOS (19920 : City Gate Blvd South - Sports Complex) CERη FICA■ON OF CONTR!BuTORY ASSETS‐COuNTY PRO」ECT NAME: Oty Cat●Commorco Perk Phaso Th子 ●●Ropl●lNo 4 LCCAT10N:Colbr Counり .FL R“I Propo"Lo126 Cty oaO Cmmerco P“Pha30 Three Replat N0 2 Pl●:Book67 P●|●6 ot3●qNAME a ADDRESS OF OWNER: #1 Board or County Commに 3bner ol Col“r Coul, 3305T●mlami Trai E●3t,S●t●101 Naplo3,FL 34112 TYPE OF uT,L「Y SYSTEM:OANrARY 3EWER{MATER!AL8 0NLY〕 70TAL COST: ●●疇● "t● nⅢth,tth●Oo,ntR(●01m●:● “ じ`改 "田 薇腱●"`tu●nd“て,●l● r● 「 ● "ot● um。 `lh● jvltuぃ CERT:FYl"●:P EⅢ Pr●lecl En91●●o「Namo: K●vh」●n30n Aulhor 20d A9ont OF: Jm3●n un“●●und 6686 Tu●「Rd N●PI●●,FL 34100 STATE OF FLOR10A COuNTY OF COLLIER EOR OF: P.nh!d. ErEh..hg 2600 @d.n clb Pil(wry t{.pL., Flqldr 3,1106 SCAL: Th. lbr.loltrg lntt um.nl wr. rbnad rnd .ckrcwiad!.d b.for. m. thir_ d.y ol _.m21by -wlro It p.r.ondly knorJh to ri. .nd wfio dkl not tlka ah oath. Notaγ Publc Signature"Page 5 of6 08.27.2021 CC to CCW&SD 16.C.1.b Packet Pg. 931 Attachment: CAO Initaled UFWD&BOS (19920 : City Gate Blvd South - Sports Complex) #2 CERTIF:CAT10N OF CONTRIBUTORY ASSETS・ COuNTγ PRO」ECI NAME: Oty Cate Commerco Park pha30 ThfOo roplat No 4 LOCAT10N:Collld County. FL R301 Propw:Lct 2C Cily●●te C…co P●7k Ph・ =o Thr●●Ropal No 2日 ●tBook67 Pag。6 ot30q NAMEこ A00RESS OF CIWNER:Board or County Comm133bnerOf Co●●rCon 3305 Tam崎 mi Tral!Eo3t.SJto 101 N●口"FL 341,2 TYPE OF υTILITY SYSTEM:P07A●LE WATER(“ATER:ALS ONLV〕 Poly Water Servi(e 2・ Tapplng saddie and cate voM 14'x12・ 'tC,'`"′●prt贅 “ ●|“●ft"お 4●■微 ``o,1● l"“:m CERTIFY!N●:l`●卜● `●″ `● |::`y th,t th● Naro κOuh Jon300MhondA●●nt OR JOn3●n und●I.剛 nd 6606 Taybr Rd Naplo3.FL 34100 STATC OF FLOR10A COUNTY OF COCLiER TOTAL COST: ".∞ , p.E., prd.ct Enetha.rNanr: Janna Woodrlrd EOR Ol: P.rin.ul.Engln..ring 2000 Gold.n G.l. Pa,lrr.y N.pbt, FlorU! 34105 Th●●r000hgin3mment w.● "nOd md ackncM● d9od betor●m●ul,__d●ソOl 21121 by whol●P●●●fuily kncln to mo and輸 o du nOtlakc an tlalh Nolaty publc s19nature “ Page 6 of6 08.27.2021 CC to CCW&SD 16.C.1.b Packet Pg. 932 Attachment: CAO Initaled UFWD&BOS (19920 : City Gate Blvd South - Sports Complex) PROJECT: Spo.ts Cornpt€x & Ewnt C€nter - Utilitios - City Gate Btvd South Prsperod by: JennibrA. B6lp6dio. Assbtent County Attorn6y Offlca of the County Attorney 3329 East T.miami Trgil, Suits 800 Naples. Florida 3,11 l2-5749 (239) 252-84@ OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE M.E, the undersigned authority, personally appeared pENNy TAyLOR, who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is PENNY TAYLOR, I am over the age of twenty-one (21) years, am suljuris, and have personal knowledge of the facts asierted herein. 2. COLLIER COUNTY is the owner of said real property located at 3920 City GateBlvd N and known as the Sports Complex and Eventi Center, and described on Exhibit A, which shows the location of the subject utility facitities being conveyed. 3. All persons, firms, and corporations, including the general contractor, all laborers, subcontractors and sub-subcontractors, materialmen and suppliers who have furnished services, labor or materials according to plans and specifications, or extraitems, used in the construction, installation and/or repair o? potable water andwastewater utility system(s) or portion(s) thereof on the real estate hereinafter described, have been paid in fu and that such work has been fulry compreted and unconditionally accepted by the current owner of such facilities. 4. No claims have been made to the owner, nor is any suit now pending on behalf ofany contractor, subcontractor, sub-subcontraclor, supplier, laborer or material-men, and no -chattel mortgages or conditional bills of sale have been given or are now gutstpngtnS as to the subject utility system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises. .5..Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any,being conveyed to the County is not encumbered by any recorded irJrtgage, recorded assignment of rents or profits, by any recorded uniform commercial -co-de Financing statement, or by any other recorded document that imposes a security interest_ that could negatively affect conveyance of marketable ti e to the utility system(s) or portion(s) thereof and/or any easement being conveyed to the County. 6. As and on behalf of the owner of the subject utility system(s) or portion(s) thereof, does for valuable consideration hereby agree and guarantee, to hold the-Board oi County Commissioners of Collier County, Flonda, as the governing body of Collier County and as the Ex-Officio Governing Board of the Coiiier County Water-Sewer District harmless against any lien, claim or suit by any geneial contractor, subcontractor, sub-subcontractor, supplier, mechanic, material-man, or laborer, and against challel morlgages, security interests or repair of lhe subject utility system(s) or portion(s) thereof by or on behalf of Owner. Afriant is used as singular or plural, as the context requires. Orvncr's AIIidrvil o'{c 16.C.1.c Packet Pg. 933 Attachment: CAO Signed Owner Aff (19920 : City Gate Blvd South - Sports Complex) 7 The u∥∥ty system(S)。rp。威10n(s)thereOf referred tO herein are located wnhin the real property described in the attached Exhibit'A“ FURTHER AFF:ANT SAYETH NAUGHT OATED this _ day of 2021 ATTEST: BOARD OF CO∪NTY COMMiSS10NERSCRYSTAL K KINZEL,Clerk coLLIER COUNTY,FLORIDA ,Deputy Clerk PENNY TAYLOR,Chair Approved as tO fOrrn and legalily: 」ennifer A B●lpedi。,Assistant county AtlornOy 菊 olYnels Amdsvit BY: 16.C.1.c Packet Pg. 934 Attachment: CAO Signed Owner Aff (19920 : City Gate Blvd South - Sports Complex) EXHIBIT "A" Legal Description The County Utility Easements (C.U.E.s) described on that certain Utility Easernent dated May 12,2020 and recorded on May 19,2020, at Official Records Book 5764, Page3429 of ihe public Records of-Collier County, AND which abut the Plat of CITY GATE COMMERCE PARK, PHASE THREE REPLAT NO. 4, recorded In Plat Book 68, Page 68 through 73, Public Records, Collier County, Florida. Oryner's Aflidavit 16.C.1.c Packet Pg. 935 Attachment: CAO Signed Owner Aff (19920 : City Gate Blvd South - Sports Complex)