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Agenda 11/09/2021 Item #16A10 (Developer Agreement - GM Advisors, LLC)11/09/2021 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Developer Agreement associated with the land exchange of the County’s 3.7 +/- acre parcel (less and except northern 0.6+/- acres), to be replaced with the 5.0 +/- acre parcel owned by GM Advisors, LLC subject to the terms and conditions specified in the Developer Agreement. OBJECTIVE: To approve and execute the attached Developer Agreement associated with the land exchange of the County’s 3.7 +/- acre parcel (less and except northern 0.6+/- acres), to be replaced with the 5.0 +/- acre parcel owned by GM Advisors, LLC subject to the terms and conditions specified in the Agreement. CONSIDERATIONS: At the June 22, 2021, BCC meeting, the Board directed staff to work with landowner, GM Advisors, LLC, to review and bring back for consideration a potential land exchange agreement for the subject properties. The County’s parcel currently serves as transportation right-of way supporting Immokalee Road and its associated water management between Wilson Boulevard and Randall Boulevard. The County’s subject 3.7+/- acre parcel is located along Immokalee Road, as shown on the attached Location Map. GM Advisors, LLC owns the 5.0 acre +/- parcel immediately southeast of the County’s subject parcel as well as properties on the east and west side of the County’s parcel. Based on BCC direction, staff along with our independent consultant reviewed the land exchange concept to evaluate the potential impacts resulting from such exchange. As part of the land exchange, the Developer is required to design, construct and permit a new water management system for the County at the Developer’s sole cost and expense. Staff has concluded that the existing water management system can be designed and relocated to the subject property and that such relocation is both feasible and beneficial for the County’s treatment and attenuation of the stormwater runoff for Immokalee Road. This land exchange will benefit the County as the new water management system will carry greater water volume, accommodate future turn lane and expansion, and will convert the existing water management system from dry detention to wet detention. Staff conducted a valuation review, attached, which concluded that the land exchange was also financially beneficial to the County. Overall, the County will be acquiring a parcel larger and of greater value than the exchange parcel, and all costs associated with the exchange, including the design, construction, and permitting of the new water management system will be borne by GM Advisors. The northern 0.6+/- acres of the County’s parcel is excluded from the Agreement as it serves the roadway and associated sidewalk facilities. Through the review of the associated land exchange, a Developer Agreement was created to specify the rights and obligations of the parties. The attached Developer’s Agreement covering this land exchange has been approved by the County Attorney’s Office. FISCAL IMPACT: While there is no direct fiscal impact, all costs associated with the Developer Agreement shall be born by GM Advisors, LLC. GROWTH MANAGEMENT IMPACT: This sale is consistent with the County’s Growth Management Plans. LEGAL CONSIDERATION: This item is approved as to form and legality and requires a majority vote for Board approval. - SAA 16.A.10 Packet Pg. 330 11/09/2021 RECOMMENDATION: To approve the attached Developer Agreement and authorize the Chairman to execute the Agreement on behalf of the Board. Prepared by: Matthew McLean, Director - Capital Project Planning, Impact Fees, Program Management ATTACHMENT(S) 1. [Linked] Land Swap Agreement - Immokalee Road - Combined All (PDF) 2. Valuation Memo (PDF) 16.A.10 Packet Pg. 331 11/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 20466 Item Summary: Recommendation to approve and execute the attached Developer Agreement associated with the land exchange of the County’s 3.7 +/- acre parcel (less and except northern 0.6+/- acres), to be replaced with the 5.0 +/- acre parcel owned by GM Advisors, LLC subject to the terms and conditions specified in the Developer Agreement. Meeting Date: 11/09/2021 Prepared by: Title: – Capital Project Planning, Impact Fees, and Program Management Name: Heather Yilmaz 10/25/2021 4:03 PM Submitted by: Title: Director – Capital Project Planning, Impact Fees, and Program Management Name: Matthew McLean 10/25/2021 4:03 PM Approved By: Review: Transportation Engineering Robert Bosch Additional Reviewer Completed 10/26/2021 8:03 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/26/2021 8:30 AM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 10/26/2021 8:31 AM Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 10/26/2021 9:27 AM Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 10/26/2021 11:50 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/26/2021 3:22 PM Growth Management Department Trinity Scott Transportation Completed 10/28/2021 2:36 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/28/2021 2:55 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 10/29/2021 3:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2021 2:16 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/01/2021 4:55 PM Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM 16.A.10 Packet Pg. 332 LAND EXCHANGE AGREEMENT GM ADVISORS, LLC THIS LAND EXCHANGE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of , 2021 (the "Effective Date"), by and among GM Advisors, LLC, a Florida limited liability cornpany (hereinafter referred to as the "Developer") and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"), each individually referred to as the "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, County is the owner of a certain 3.79+/- acre parcel of real property located in unincorporated Collier County, the northern 0.6+/- acres of which is transportation right of way, and is expressly excluded from this Agreement. This parcel, less and except the northern 0.6+/- acres, is described on Exhibit A attached hereto and made a part hereof (the "County Parcel"). The County Parcel is currently used as a dry water detention facility associated with the Irilmokaiee Road drainage systems; and WHEREAS, Developer is the owner of certain 5,0+1- acre parcel of real property located in unincorporated Collier County, described on Exhibit B attached hereto and made a part hereof, (the "Swap Parcel"); and WHEREAS, upon the terms and conditions set forth herein, the County and the Developer desire to exchange the County Parcel for the Swap Parcel; and WHEREAS, among other considerations set forth below, as part of this land exchange, the Developer will also (1) design, permit and construct a new water detention Facility on the Swap Parcel at its sole cost and expense (the "Project"); and (2) grant the County a minimum 20-foot drainage casement for operation and maintenance of the new water detention facility at no cost to the County; and WHEREAS, the Collier County Board of County Commissioners hereby finds that this exchange of real property is in the best interest of the County. WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars (10,00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree 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. 2. The patties agree to the exchange of real property interests and associated improvements as set forth below. OVD nAs:a 3. New Improvements. Developer agrees to design, permit, and construct a new pond site and related drainage facilities on the Swap Parcel at its sole cost and expense, including all necessary stormwater pipe interconnections (the "New improvements"). The New Improvements shall provide for treatment and attenuation of stormwater runoff for Immokalee Road. Modifications to the treatment, attenuation, and discharge from Immokalee Road "Basin 8" to the Cocohatchee canal will be coordinated through a South Florida Water Management District ("SFWMD") permit to be obtained by Developer, and shall result in no increase of hydraulic grade line elevations for the existing Immokalee Road drainage inlets included in "Basin 8." The increase of impervious area for the future auxiliary lane for Randall Boulevard along Immokalee Road shall be modeled and incorporated into the permitting of the New Improvements. The County shall have the opportunity to review and approve the SFWMD permit and shall be the co -applicant for respective permit applications, as needed. Developer shall coordinate with the County on all racets ofthis Project. 4. Schedule. Design of the New Improvements shall be completed no later than six (6) months from the Effective Date unless otherwise mutually agreed upon by the parties. Permitting of the New Improvements shall be completed no later than twelve (12) months from the Effective Date unless otherwise mutually agreed upon by the parties. Construction of the New Improvements shall be completed no later than two (2) years from the Effective Date, unless otherwise mutually agreed upon by the parties. S. Plans for New improvements. Prior to construction, Developer, at no cost to tite County, shall prepare preliminary and final engineering design plans and specifications and provide them to the County for review, comment and approval. Plans and specifications must be approved by the County prior to any construction, however, such approval shall not be unreasonably withheld. 6. Approval of Contractors and Inspection. Prior to construction, Developer shall provide the County with a list of all proposed contractors and subcontractors for the Project. Developer shall not utilize any contractors or subcontractors to whom the County objects. The County may hire a CET Inspector for this Project and shall have the right to inspect the work throughout construction, and the Developer shall promptly correct all noted defects. Developer shall provide the County with a construction schedule and promptly notify the County of any delays or other changes in such schedule throughout the duration of the Project. 7. Titie Commitment. Prior to construction, Developer shall provide, at no cost to the County, a title commitment or an attorney's opinion of title pertaining to the Swap Parcel, and at or prior to closing, Developer shall remove or cure any liens, encumbrances or title defects revealed in such title commitment or attorney's title opinion that are objectionable to the County. If, prior to the commencement of construction, the County has an objection to title to the Swap Parcel, which the County determines Developer cannot resolve within a reasonable time period and with reasonable effort, the County shall have the right to terminate this Agreement as further described in paragraph 9 of this Agreement, and thereafter neither the County nor the Developer shall have any further obligations or liability thereunder. S. Easements. At closing, the Developer will convey to the County, at no cost to the County, a minimum 20 foot drainage easement for operation and maintenance of the New C C7 n Improvements. Prior to closing, Developer shall coordinate with the County on the precise location of the drainage easement. Developer shall provide all surveys and legal descriptions for such easements prepared by a licensed Florida property surveyor, for the County's review and approval at no cost to the County. All easement documents shall be subject to approval by the County Attorney's office. Once conveyed, the County will be responsible for• the perpetual maintenance of the drainage easement. R. Right of Entry_. To the degree necessary for the project, each party hereby grants the other party a right of entry to enter upon their respective parcels. 10. Termination, County may terminate this Agreement if (1) the County does not approve the design plans for the New Improve €rents; (2) if' the County is not reasonably satisfied with title, survey, environmental, or other due diligence investigations pertaining to the Swap Parcel; (3) if the deadlines set forth in paragraph 3 of this Agreement for design, permitting, and construction have not been met, absent mutually agreed upon extensions of time; or (4) if Developer does not commence or complete construction of the New Improvements in accordance with the County approved design plans, specifications and relevant permits. Developer may terminate this Agreement priorto the commencement ofconstruction on the Project if it determines in its sole discretion that the costs associated with the Project are not feasible or eliminate any benefit to the Developer from this Agreement. Should Developer exercise its termination rights, any costs incurred related to the Project shall be borne solely by Developer. 11. Project Completion. Developer shall notify the County in writing once construction of the New Improvements has been completed, County shall have 30 days following receipt of this notice to inspect the Swap Parcel and New Improvements, Following completion, but prior to closing, Developer shal I provide to the County all associated permit completion certifications, as - built construction plans, an updated survey of the Swap Parcel, evidence that all contractors, subcontractors and materialmen have been paid, and delivery to the County of lien waivers. Developer shall also provide executed deed and easement conveyance documents for review by the County Attorney's Office. 12. Closing. The closing for the exchange of Parcels will be held on a date mutually agreed upon by the parties, but shall occur no later than three (3) months after project completion, unless otherwise agreed upon by the Parties. Developer shall convey the Swap Parcel to the County as well as all New Improvements thereon, and County shall accept the New Improvements, The County shall simultaneously convey the County Parcel to Developer. Developer shall be responsible for all recording fees and closing costs for both Parcels. At the closing, the County will deliver to Developer the following: a) A warranty deed with fee simple title free and clear of all liens and encumbrances (except non -monetary encumbrances, if any) conveying the County Parcel to Developer, in the form of Exhibit C; b) An Owner's Title Policy covering the County Parcel with no objectionable title exceptions; c) Possession of the County 'bract; and d) Any and all other such documents and instruments as may be reasonably necessary to effectuate the transfer of the County Parcel as provided herein. 010 At the closing, Developer will deliver to the County the following: a) A warranty deed with fee simple title free and clear of all liens and encumbrances (except non -monetary encumbrances, if any) conveying the Swap Parcel to the County, in the form of Exhibit C; b) A bill of sale, owner's affidavit, attorney affidavit, and subordination for any New Improvements not covered by subsection (a) above, in the forms of Exhibit D, if necessary, c) The executed drainage easernent described in paragraph 8, in the form of Exhibit E; d) An Owner's Title policy covering the Swap Parcel with no objectionable title exceptions; e) Possession of the Swap Parcel and New Improvements; and f) Any and all other such documents and instruments as may be reasonably necessary to effectuate the transfer of the Swap Parcel as provided herein, 13. Maintenance. Upon recordation of the Warranty Deed for the Swap Parcel, the County will become solely responsible for the perpetual operation and maintenance of the storm water management system on the Swap Parcel, which includes the stortnwater pipes, stormwater pond, and associated discharge into the Cocohatchee canal. 14. Waiver of Liability and Claims. Developer, on behalf of itself, its successors and assigns (including any and all future owners and tenants, both commercial and residential, within the Development), hereby waives any and all claims for damages, including but not limited to future business damages and loss of access as a result of the proposed overpass at intersection of Randall Boulevard and Immokalee Road or its construction. Developer shall give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from Developer a separate written notice of the planned overpass with the statement that the County will not construct any sound wall or other barrier of any kind to reduce the impact or noise of the overpass. 15. Compliance with Law. Obligations of the County under this Agreement are subject to approval by the Collier County Board Of County Commissioners, and any other applicable, state, local, or federal law. 16. Cost of Advertisement. Developer shall cover the full cost of advertising this exchange of property in a newspaper of general circulation published in the County, if any. Legal Matters 17. The burdens of this Agreement (including the option to purchase), shall be binding Upon, and the benefits of this Agreccnent shall inure to, all successors in interest to the parties to this Agreement, including any Property Swaps. 18. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or 4 CA0 S-: � S assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 19. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revolted as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 20. All parties shall execute this Agreement prior to it being submitted for approval by the Collier County Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all patties upon request. 21. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives, If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, tither party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. 22. This Agreement is a personal Agreement, and the rights and interests hereunder may not be sold, transferred, or assigned, in whole or in part, without the prior written consent of the County, which County may, in its sole discretion, deny such consent. 23. This Agreement constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subfect matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled, 24. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership not otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW CAO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: CRYSTAL K. KINZEL, Cleric In , Clerk AS TO DEVELOPER: Signed, sealed and delivered in the pr sen of: Signatures C sS�—a � C Panted Name mil, ._ + _ � .► Printed Natr►e STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA :n PENNY TAYLOR, Chair GM ADVISORS, LLC a Florida limited liability company By: y Nam Title: The foregoing instrument was acknowledged before me this _ day of 2021, byM7-(X4A lj-; ,has of GM Advisors, L C, a Florida limited liability company, who is personally known to me or has produced as identification. Approved as to form and legality. Sally A. Ashkar, Assistant County Attorney �1A Notary PtlbTic My Commission Expires: 7- SANDYSEMAAN Notary Public. State of FW(jaCommission E4,: No. GG3U2858 Commission Expires 02117/2023 G CAA '7--. Exhibit A �ar� Growth Management Department Development Review Division EXHIBIT "A" Legal Description (Tract 36, Golden Gate Estates Unit No.23) Tract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the public records of Collier County, Florida, located in Section 27, Township 48 South, Range 27 East, Collier County, Florida. Subject to Easements and Restrictions of Record. Containing 3.79 Acres more or less. rfvlan, aa�nL;Berman, P.S.M. loridH (Surveyor and Mapper LS 5086 "< outrty( and Surveyor -, D1A/07/2021 Page 1 of 1 2900 N. rlorseshoe llrive, Nxples Flm•idx 34104 (239) 252-2d00 Growth Management Department Development Review Division EXHIBIT "A" Description of part of Tract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the public records of Collier County, Florida. (Southern Portion of Tract 36) All that part of Tract 36 of Golden Gate Estates Unit No, 23, Plat Book 7, pages 9 through 10 of the public records of Collier County, Florida, being more particularly described as follows; Commencing at the Northeast Corner of said Tract 36; Thence along the east line of said Tract 36, South 00°19'10" West 78.01 feet to the Point of Beginning of the parcel herein described; Thence continue along said east line South 00°19'10" West 449.36 feet to the southeast corner of said Tract 36; Thence along the south line of said Tract 36, North 89°40'50" West 330.00 feet to the southwest corner of said Tract 36; Thence along the west line of said Tract 36, North 00'19'10" East 402.32 feet; Thence leaving said line North 82*12'35" East 333.33 feet to the Point of Beginning of the parcel herein described. Subject to Easements and Restrictions of Record. Bearings are assumed and based on the west line of Tract 36 being North 00019'10" East. Containing 3.23 Acres more or less. Mucus L. Berman, P.S.M. Florida Surveyor and Mapper LS 5086 County Land Surveyor Date: 10/07/2021 Ref: 2021-005 Page 1 of 2 zeoo a. uone,eoe ud�<, xonte: normo 34104 (vv) zsz-zaoo ��{G��Co3�`� /a �G'�L`�C�G;1 OO f� D��C�I��p5�0��1 THE SOUTHERLY PORTION Of TRACT 36 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORIDA. NO.J�/31_I'lltl No. OEL TA RAD/US LENGT CH BEARING DISTANCE C7 03 3579" 5334. 48 334. 11 N 8172 40 E 334. G8 C2 N PLOT NORTH GRAPHIC SCALE Rpp�D �oMMEN�MENT o fao Iso nn�n ,//�LEnn� PIpE1NU�RNERTRACT 36 1 IRCYt = 100) (�.. 9DaK 3101PPGE 25S0 __.,�.t ,.. r� OR pARCEl1T1 O.R.900K J100 PPGE 2616 �� 34 N.89°40'SD"W. 37 1. BEARINGS ARE BASED ON THE WEST LINE DETRACT 36 BEING NORTH 00°19'f0' EAST. 2. DIMENSIONS ARC IN FEET AND DECIMALS THEREOF. 3. SUBJECT TO EASEMENTS ANU RESTRICTIONS Of RECORD. 4. PARCEL CONTAINS 313 ACRES MORE OR LESS. 53 52 �.)r MARCUS L. BERMAN P 5 M COLLIER COUNTY SURVEYOR � - FI.ORIDASURVEVOR&MAPPER LS6066 - ,._ COLLIER COUNTY � `-�: �'' "`� Development Review Division �' Growth Management Department 2800 North Horseshoe DrivD, Naples Florida 34104 Phone: 239-252-6885 Fax 239-252-6476 tare: Sheet lVo- SCAt,H: F1Ie ND: 10-07-2021 2 OF 2 1" = 100' 2021-005 Growth Management Department Development Review Division EXHIBIT "A" Description of part of Tract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the public records of Collier County, Florida. (Northern Portion of Tract 36) All that part of Tract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the public records of Collier County, Florida, being more particularly described as follows; Beginning at the Northwest corner of said Tract 36; Thence along the north line of said Tract 36, also being the south right-of-way line of Immokalee Road (S.R. 846), 334.11 feet along a non -tangential circular curve concave to the north, having a radius of 5334.46 feet, through a central angle of 03'35'19" and being subtended by a chord which bears North 81 °22'40" East, 334.06 feet to the northeast corner of said Tract 36: Thence along the east line of said Tract 36, South 00'19'10" West, 78.01 feet; Thence leaving said east line South 82'12'35" West 333.33 feet to a point on the west ne of said Tract 36; Thence along said line North 00'19'10" East 73.11 feet to said Northwest corner of Tract 36 and the Point of Beginning of the parcel herein described. Subject to Easements and Restrictions of Record. Bearings are assumed and based on the west line of Tract 36 being North 00019'10" East. Containing 0.56 Acres more or less. Marcus L. Berman, P.S.M. Florida Surveyor and Mapper LS 5086 = County Land Surveyor Date:10/07/2021 1 - Ref: 2021-004 j. Page 1 of 2 - 2800 N. Horseshoe Drive, Nn pies Flondn 34104 (239) 252-2400 C��G�OCo3�ii GQ �G�C�S��G� �G� DC��S�V��(��'�OO � THE NORTHERLY PORTION OF TRACT 36 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORIDA. N PLAT NORTH • • , , , E ': - �� � ppRGEL tit O.R.900KS100 PAGE 25]5 CUR ICE TABLE No. OEL TA RAD/US LENGTH CH BEARING D/STANCE Cl 03 35'>9' S334.46 334.1 J N 8172 40 E 334. 06 C2 IMM�((''��KRA�84gROA� :�i-1 �• _ 333.33' 35 ` - 36 M 53 wM m o a GOLDEN GATE ESTATES � _ rn v UNIT No. 23 m z L�Ja1 N.69°40'S0"W. 330.00' 37 �€n€s,,�s, rs©ens 1. BEARINGS ARE BpSEO ON THE WEST LINE OF TRACT H6 SEIlIG NORTH 00°19'10' EAST. 2. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 3. SUOJEGT TO EASEMENTS ANO RESTRICTIONS OF RECORD. 4. PARCEL CONTAINS 0.58 ACRES MORE OR LESS. MARGUS L. BERMAN, P.S.M.- ' _ COLLIER COUNTY SURVEYOR.. ' ,_ FLORIDA SURVEYOR&MAPPER,[&-5086 -.�. - COLLIER COUNTY Development Review Division Growth Management Department 2800 Nurth Horseshoe Drive, Naples Florida �14104 PhoNe: 239-252-6885 Fax 239-252-647G Date: Sheet No. SCALE: Pile No: 10-07-2021 2 OF 2 1" = 100' 2021-004 L�J7■ Exhibit B Copier County Growth Management Department Development Review Division EXHIBIT "B" Legal Description (Tract 52, Golden Gate Estates Unit No.23) Tract 52 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the public records of Collier County, Florida, located in Section 27, Township 48 South, Range 27 East, Collier County, Florida. Subject to Easements and Restrictions of Record. Containing 5 Acres more or less. `. 1 :r IN L�Sgrrtian�P.S:M. Jr Florida Sur#�jAyor and Mapper LS 5086 "County :L$nd`Surveyor NJ Date: 10/07/2021 Ref: 2021-002 Page t oF2 2800 N. Horseshoe Drive, Naples Florlde 34I04 (239) 25L2400 Gp,O ����Q�� Q �G�C���G� Off D��G�'G3�p�i�OO � ALL OF TRACT 52 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORIDA. I I 36 53 � �54 N I I I I I I PLAT NORTH I GRAPHIC SCALE I I 10o 5.89°40'60"E. 330.00' I I ( I ( IN FEET ) I z z 1 inch = 100 ft. w w l I �I I� �I I < I I � � I I I Im �I I I - I I I I I I w tli ( I ( 37 52 ; ;55 z I Z i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I S.89°40'50"E. 330.00' 22ND AVE NE 1`'`'-_' 60' ROAD EASEMENT � ���� ����NNRR®���-��hu��� - 1. BEARINGS ARE RASED ON TH[ WEST LINE OF TRACT 53 BEING NDRTH W°19'10°EAST. 2. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF MA CUS L. BERMAN PSN '—. ]. SUBJECT TO EASf.MENiS M1D RESTRICTIONS OF RECORD. COLLIER COUNTV SURVEYOR ' "� a PARCEI CONTAINS 5 ACRES MORE OR LESS. FLORIDA SURV[VOR 8 MAPP�R�1:& SORC' COLLIER COUNTY ,"'. Development Review Division Growth Management Departmenth 2800 North Horseshoe Drive, Naples Fbrida Y� 104 Phone: 239-252-6885 Fax 239-252-6d76 Date: Sheet No. SCALE: Pile No: 10-11-2021 2 of 2 1" = 20' 2021-002 Exhibit C Prepared by and return lo: Collier County Transportation Engineering ROW 2885 south horseshoe Drive Naples, Florida 34104 [space above far recording tlalaJ PROJECT: PARCEL FOLIO: WARRANTY DEED THIS WARRANTY DEED is made this day of 20_, by [insert g rantor(s) name(s) in caps and bold followed by marital status in lower case non -bold], whose mailing address is [insert mailing address] (collectively [delete if not applicable], "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 ("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 Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby conveys to Grantee, the following described land situate in Collier County, Florida: See Exhibit "A" attached hereto. [or insert legal description] Being [choose one] all / a portion of the property conveyed to Grantor by Deed recorded in Official Record Book ,Page of the Official Records of Collier County, Florida. TO HAVE AND TO HOLD the same, together with all the tenements, hereditamenls, and appurtenances thereto belonging or in anywise appertaining, in fee simple forever. Grantor hereby covenants and warrants that Grantor is lawfully seized of said property in fee simple; that Grantor has good right and lawful authority to sell and convey the property; that Grantor hereby fully warrants the title to the property and will defend the same against the lawful claims of all persons whomsoever; and that the property is free of all encumbrances except for easements, covenants, and restrictions of record and the lien of real estate taxes and assessments not yet due and payable. Grantor represents that Grantor's property [choose one] is homestead property [or] is not homestead property, nor is it contiguous thereto. This property [choose one] is / is not being acquired by Collier County pursuant to a petition in eminent domain and [choose one] is / is not subject to the restrictions imposed by Section 73.013, Florida Statutes. (choose "is" if a condemnation suit has been filed] This property is being acquired under the threat of condemnation and is exempt from documentary stamp tax. [delete if not a capital improvement project] [ signature page follows ] IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first above written. Witnesses: Signature (Witness 1) Printed Name Grantor: [name of grantor, caps not bold] Signature (Witness 2) [name of grantor, caps not bold] Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ❑physical presence or ❑ online notarization this day of 20, by [insert grantor(s) name(s) in caps and bold followed by marital status in lower case non -bold], who: _ is / are [choose one] personally known to me; OR produced ❑ a driver's license, OR ❑ as identification. Signature of Notary Public Printed Name Serial /Commission # (if any): (affix notarial seal above) My Commission Expires: Approved as to form and legality: Assistant County Attorney Lesl Revisetl 6/15121 Exhibit D Fm•m 8 - Rev. 2004 (Utility Facilities Warranty Deed and Bill of Sale) [Leave 3" blank space in upper tight hand corner for recording purposes]. llRAINAGE FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this day of , 20 , beriveen [Name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, (hereinafter referred to as "Grantee"). WI'fNESSETH: That said Grantor, for 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 Grantee, and Grantee's heirs, successors and assigns forever, all [identify all types of drainage facilities being conveyed] drainage facilities and/or system(s) or portion(s) thereof lying in, on, over and under the following described land, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or portion(s) thereof, all situate and lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) (Exhibit "B" attached hereto is a sketch or other graphic representation that depicts the physical location of the drainage systems being conveyed.) and said Grantor does hereby fully warrant the title to said drainage facilities and/or systems) or portions) thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the drainage facilities, system(s) and/or portion(s) thereof 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 graphic representation showing the location of the drainage 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, relocate and/or take or introduce materials for the pw'pose of consn'ucting, relocating, Page I of 2 ��a operating, repairing and/or otherwise maintaining drainage 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 is above written. [Witness and signature block -see hrsG'uction No. 3] [Acknowledgment and notary block -see Instruction No. 4] Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] o�izoz i Page 2 of 2 Form 6 - Rev. 2004 (Owner's Affidavit) OWNER'S AFFIDAVIT STATE OF (name of Statel COUNTY OF [name of Countyl BEFORE ME, the undersigned authority, personally appeared who to Inc is well known, and having been duly sworn and under oath, deposes and states: 1. My name is , I am over the age of twenty-one (21) years, am sid juris, and have personal knowledge of the facts asserted herein. 2. 1 am the owner of said real property located at and described on Exhibit "A", which shows the location of the subject drainage facilities 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 extra items, used in the construction, installation and/or repair of [identify type of drainage facility] drainage system(s) or portion(s) thereof on the real estate hereinafter described, have been paid in fill and that such work has been fully completed 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 of any contractor, subcontractor, sub -subcontractor, supplier, laborer or material -men, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject drainage system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises. 5. Title to the subject drainage systems) or portion(s) thereof and/or easement(s), if any, being conveyed to the County is not encumbered by any recorded mortgage, recorded assignment of rents or profits, by any recorded Uniform Commercial Code Financing Statement, or by any other recorded document that imposes a security interest that could negatively affect conveyance of marketable title to the drainage system(s) or portions) thereof and/or any easement being conveyed to the County. OR Title to the drainage system(s) or portion(s) thereof and/or easement (s) being conveyed to the County is subject to the following security interest(s) by the following recorded instrument(s): Page l of 3 �� �i l . Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that impress a security interest against title to the system(s) or portion(s) thereof and/or any easement being conveyed to the County] to [list name of the mortgagee(s)] dated and recorded at O.R. Book _, Page et seq., Public Records of Collier County, 2. UCC-1 Financing Statement, recorded at O.R. Book Page , Public Records of Collier County, 3. UCC-I recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at O.R. Book , page [INSTRUCTION: The Affiant must list each mortgage, and/or each assignment of rents and profits, and each UCC-I, and/or each other recorded document that is a security interest that could negatively affect conveyance of good and marketable title to any of the drainage system(s) or portion(s) thereof (and/or easement(s), if any) being conveyed to the County. If good, marketable title to the drainage system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant must briefly describe each such recorded security instrument, including the book and first page where that security instrument has been recorded. It is not necessary to attach a copy of any such recorded document to the Affidavit. Do not list any Notice of Commencement or any Reservation of Mineral Rights, etc., because such documents do not impress any security interest against good, marketable title to the drainage system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County.] 6. As and on behalf of the owner of the subject drainage systems) or portions) thereof, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida harmless against any lien, claim or suit by any general contractor, subcontractor, sub -subcontractor, supplier, mechanic, material -man, or laborer, and against chattel mortgages, security interests or repair of the subject drainage system(s) or portion(s) thereof by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. 7. The drainage systems) or portions) thereof referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT SAYF.TH NAUGHT. DATED this day of , 20 Owner/Affiant's Signature . Name of Affiant SWORN TO AND SUBSCRIBGU before me by means of ❑physical presence or ❑online notarization, this day of 20_, by (name of Owner/Affiant making statement) ,who is ❑ personally known or ❑ produced (type of identification produced) as identification. Page 2 of 3 (Signature of Notary Public) (Printed or Typed Name of Notary Public) Prepared by: [name of person preparing this inshrument] [Address of person preparing this instrument] ovzoz i � .t t � i btntpi Page 3 of 3 Form 5 -Rev. 2004 - (Attorneys Affidavit) ATTORN>'✓Y'S ATh'IDAVIT STATF, OF (name of Statel COUNTY OF (name of Countyl BEFORE MF„ the undersigned authority, on this day of , 20_, personally appeared ,who is to me well known, and having been sworn upon oath, deposes and states: My name is 1 ant over the age of twenty-one (21) years, am otherwise sui juris, and have personal lotowledge of the facts asserted herein. 2. I am a licensed attorney, Florida Bar # ,authorized to practice law in Florida and am currently practicing law in the State of Florida. My business address is My business telephate number is My business mailing address is 3. This Affidavit is given as an inducement to the Board of County Couunissioners of Collier County, Florida, to accept the dedication a conveyance of [identify type of drainage Facility] drainage systems) a• portions) thereof located within or upon the real property described in Che attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. The Affiant has examined record title information to the underlying real property and the drainage facilities beingcottveyed to the County referenced in this affidavit, including but not limited to, information requested from the Florida Secretary o(' State relative to any Uniform Commercial Code Financing statements. 5. The record owner of the underlying real property described herein is [give full legal name of owner as it appears in Yitle information; if owner is an entity, make reference Yo the laws of the state or jurisdiction under which entity was created and presently operates] (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Ofticial Records Book , at Page [insert official record book and first page of instrument where owner acquired title], Public Records, Collier County, Florida. [INSTRUCTION: If the record owner is an entity, the Affiant must indicate that he has examined corporate a• partnership information obtained from the jurisdiction under which the entity was created and presently Page l of 3 operates, that the entity is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute the instruments on behalf of that entity in conjunction with the conveyance of the subject real and personal property. Pursuant to Section 689.071, Florida Statutes, IF the record owner is a trustee, the Affiant shall state that the Trustee has full power and authority to execute instruments of conveyance on behalf of the Trust and, if applicable, incorporate by reference and attach supporting documentation.] [If the record owner is an individual, the Affiant must state the marital status represented to the Affiant by the individual and, if married, state whether the real property is or is not homestead property. If the drainage facilities being conveyed are located wholly within public right-of-way, the Affidavit should state that fact.] 6. Title to the subject drainage systems) or portions) thereof and/or easement(s), if any, being conveyed to the County is not encumbered of record. OR Title to the drainage system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is encumbered by the following instruments of record: 1. Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that impress a security interest against title to the system(s) or portion(s) thereof and/or any easement being conveyed to the County] to [list name of the mortgagee(s)] dated and recorded at O.R. Book , Page et seq., Public Records of Collier County. 2. UCC-1 Financing Statement, recorded at O.R. Book , Page , Public Records of Collier County, 3. UCC-1 recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at O.R. Book page [INSTRUCTION: The Affiant must list each mortgage, assignment of rents and profits, UCC-1(s) or other security instrument that impress a security interest that could negatively affect conveyance of good title to the drainage system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County. If marketable title to the drainage system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant shall describe the respective security instrument, including the book and first page where the security instrument has been recorded. It is not necessary to attach a copy of any such document to the Affidavit. This Affidavit must list each security interest that is listed in the Owner's Affidavit, and each such security interest must be subordinated. Do not list a Notice of Commencement or Reservation of Mineral Rights, etc., because such instruments do not negatively affect marketable title to the drainage system(s) or portion(s) thereof and/or easement(s) being conveyed to the County, if all of the drainage facilities being conveyed to the County are located in public right-of-way, do not list mortgages, etc., if they do not encumber after acquired property that is located in public right-of-way. Claims asserted under Chapter 713, Florida Statutes, must be "transferred to security" pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the County Attorney must be provided to the County before the County will grant preliminary acceptance of title to such facilities. 7. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. [INSTRUCTION: Unless the time period is extended by staff for good cause in the specific instance, per Ordinance, the date of this Affidavit should not be dated earlier than sixty (60) days prior to the submittal Page 2 of 3 of legal documents pertaining to Utility Conveyance to Collier County, Engineering Services to consider preliminary acceptance of the subject drainage system(s) or portions) thereof documents.] FultI i R AFFIANT SAY) TH NAUGHT. UATED this day of 20 Attorney/Affiant's S Attorney/Affiant's Name SWORN TO AND SUBSCRIBED before me by means of ❑physical presence or ❑online notarization, this _ day of , 20_, by (name of attorney/affiant making statement) , who is ❑ personally known or ❑ produced (type of identification produced) as identification. (Signature of Notary Public) r� l (Printed or Typed Name of Notary Public) Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] 07/2021 Page 3 of 3 cPn Fm•m 4 -Rev. 2004 (Utilities Facilities and/m• Utilities Easements) Subordination) [Leave 3" space blank space in upper right hand corner for recording purposes] DRAINAGE FACILITIES AND/OR DRAINAGE EASEMENTS) SUBORllINATION THIS SUBORDINATION is dated this day of , 20 , by [Insert the complete and correct name of the Secured Party -see instruction No. 2] (Hereinafter referred to as the "Secured Party"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, (hereinafter referred to as "County"). Secured Party as used herein includes singular or plural, as the context allows. WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's Security Interests that encumber good, marketable title to the Encumbered Drainage Facilities and/or the related Drainage Easements) being conveyed to Collier County, which Drainage Facilities are located over, on and/or under the underlying real property that is encumbered by security interests in favor of the Secured Party as specified in the below -listed security instruments); and WHEREAS, the Secured Party is the owner and holder of a [Mortgage or AssignmenC of Rents and Profits, UCC-1 *, etc. ], recorded in Official Records Book ,Page , et seq., Public Records of Collier County, Florida, [and if applicable], as amended by a > recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida.; and [NOTE: *UCC-1 s are usually subordinated by UCC-3s. If a UCC-1 or UCC-3 is recorded outside of Collier Cowtty, insert the Book, Page and place (usually Tallahassee) of the recordation of each such UCC-1 or UCC-3]. WHEREAS, the Secured Party is also the owner and holder of a ,recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida, as amended by a recorded at O.R. Book, Page _ et. seq., Public Records of Collier County, Fla'ida; and WHEREAS, each above -referenced Security Insh'ument grants to this Secured Party a security interest thaC encumbers good and marketable title to the Encumbered Drainage Facilities being conveyed to Collier County, and/or encumbers the related Drainage Easement(s), if any, also being conveyed to Collier County, which Drainage Facilities have been constructed within such easements) and are under, on and/or over the underlying real property; and WHEREAS, prerequisite to the conveyance of the Drainage Facilities and/or related Drainage Easements, if any, being conveyed to the County, Collier County requires that this Secured Party must subordinate only its Security Interests in (i) the Encumbered Drainage Facilities being conveyed to the Cormty and (ii) each related Drainage Easement(s), if any, being conveyed to the Cowtty; and the Secured Party is hereby complying with said request for these subordination(s). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby subordinates its secw'ity interests in the Encumbered Drainage Facilities being conveyed to Collier County, and/or to each Drainage Easement(s), if any, being conveyed to the County, which encumbered Drainage Page 1 of 2 Facilities are located over, on and/under the described underlying real property. Except as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect. IN WITNCSS WHi'JR1;OF, the Secured Party has caused this Subordination to be executed the date and year first above written. [Insert correct witness and signature block -see h�struction No. 3] [Acknowledgment and notary block -see lusll•uctio» No. 4] Prepared by [Insert name and street address of the individual who prepared this Subordination] [NOTE: Upon request, County staff will provide examples of properly executed Subordinations]. ovzoz i Page 2 of 2 Exhibit E Project: PARCEL: Folio No.: DRAINAGE EASEMENT THIS EASEMENT, made and entered into this day of , 201 by , whose mailing address is (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, 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: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across the following described lands ocated in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. This easement ncludes the right to remove and use any and all excavated material. The parties record that Grantor has received full compensation for all improvements located within the easement area, including, but not limited to, . The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) (Print Name) (Signature) (Print Name) WITNESSES: (Signature) (Print Name) (Signature) (Print Name) STATE OF _ COUNTY OF The foregoing Drainage Easement was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 20, by who: is personally known to me OR produced dentity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: STATE OF _ COUNTY OF proof of The foregoing Drainage Easement was acknowledged before me by means of ❑ physical presence or ❑online notarization this day of , 20_, by who: is personally known to me OR produced as proof of dentity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial /Commission # (if any): Last Revisetl: 06/26/18 ryry My Commission Expires: Approved as to form and legality: Assistant County Attorney Las[ Revised: 06/26/18 16.A.10.b Packet Pg. 333 Attachment: Valuation Memo (20466 : Land Swap Agreement - Immokalee Rd.) 16.A.10.b Packet Pg. 334 Attachment: Valuation Memo (20466 : Land Swap Agreement - Immokalee Rd.)