Backup Documents 03/08/2022 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 ` A 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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.
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 Count Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners W/t'M by/I)J5j ZI8'Z 2-
5. Minutes and Records Clerk of Court's Office
NA.t/ 3l8 aoa-a-
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 Vivian Rodriguez Phone Number 252-5880
Contact/Department Transportation Engineering-ROW
Agenda Date Item was 03/08/2022 ✓ Agenda Item Number 16.A.3 ✓
Approved by the BCC
Type of Document Easement Agreement— Number of Original 1
Attached (Signal at Randall Blvd.&8"'Street) Documents Attached
PO number or account
number if document is N/A
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? Sk,A 01.( VR
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A
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.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the
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 VR
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. VR 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 3/8/22 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 Ca
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
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MEMORANDUM
Date: March 9, 2022
To: Vivian Rodriquez,
Transportation Eng. - ROW
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Temporary Transportation Facilities Easement Agreement
Project #60230
Parcel: 99999-499TTFE
Folio #78698106047
Signal at Randall Boulevard and 8th Street
Attached is an original of each document referenced above, (Agenda Item #16A3)
approved by the Board of County Commissioners on Tuesday, March 8, 2022.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
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PROJECT: 60230 Signal at Randall Boulevard and 8th Street
PARCEL: 99999-499TTFE
FOLIO: 78698106047
TEMPORARY TRANSPORTATION FACILITIES EASEMENT AGREEMENT
THIS TEMPORARY TRANSPORTATION FACILITIES EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this • day
of , 2022, by and between VALENCIA LAKES AT ORANGETREE
HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation, whose
mailing address is do Compass Rose Management, 1010 NE 9th Street, Suite A, Cape
Coral, Florida 33909 (hereinafter referred to as "Seller") and COLLIER COUNTY, a
political subdivision of the State of Florida (hereinafter referred to as "Purchaser"),
whose mailing address is 3299 Tamiami Trail East, do the Office of the County
Attorney, Suite 800, Naples, Florida 34112.
WITNESSETH:
WHEREAS, Purchaser has requested that Seller convey to Seller a Temporary
Transportation Facilities Easement (hereinafter referred to as "Easement") over, under,
upon and across the lands described in Exhibit "A" (hereinafter the "Property"), attached
hereto and made a part of this Agreement; and
WHEREAS, Seller desires to convey said Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
NOW, THEREFORE, in consideration of these premises set forth above, the sum
of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, it is agreed by and between the
parties as follows:
1. RECITALS - All of the above RECITALS are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all
Exhibits referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum
of:
$1,000
subject to the apportionment and distribution of proceeds pursuant to Paragraph 8
of this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Seller, payable by County Warrant, shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final
settlement of any damages resulting to Seller's remaining lands, costs to cure,
including, but not limited to (if applicable), the cost to relocate the existing
irrigation system and other improvements, and the cost to cut and cap irrigation
lines extending into the Property, and to remove all sprinkler valves and related
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electrical wiring, and all other damages in connection with conveyance of said
Easement to Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Prior to Closing and as soon after
the execution of this Agreement as is possible, the following documents and
instruments properly executed, witnessed, and notarized where required, in a
form acceptable to Purchaser (hereinafter referred to as "Closing Documents"):
a. Temporary Transportation Facilities Easement;
b. Closing Statement;
c. Affidavit of Title;
d. Public Disclosure Affidavit;
e. W-9 Form; and
f. Such evidence of authority and capacity of Purchaser and its
representatives to execute and deliver this agreement and all other
documents required to consummate this transaction, as reasonably
determined by Purchaser, Purchaser's counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of Purchaser's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause. At Closing, payment shall be made to Seller in that amount shown on the
Closing Statement as "Net Cash to the Seller.
5. MISCELLANEOUS REQUIREMENTS - Seller and Purchaser agree to do all
things which may be required to give effect to this Agreement immediately as
such requirement is made known to them or they are requested to do so,
whichever is the earlier.
6. MAINTENANCE — Purchaser agrees to maintain the Easement Area in good
condition and repair at its own expense. Purchaser shall keep the Easement Area
free from trash, debris, weeds, and overgrown grass at all times.
7. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents, and
warrants the following:
a. Seller has full right, power, and authority to own and operate the Property to
enter into and to execute this Agreement, to execute, deliver and perform its
obligations under this Agreement and the instruments executed in connection
herewith, to undertake all actions and to perform all tasks required of Seller
hereunder and to consummate the transaction contemplated hereby.
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1 6 A 3 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
Seller 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
Property or any portion thereof.
d. Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or
any rights therein, nor enter into any agreements granting any person or
entity any rights with respect to the Property, 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. Seller 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 Property or which adversely affect Purchaser's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Property which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
f. Purchaser is entering into this Agreement based upon Seller's
representations stated in this Agreement and on the understanding that Seller
will not cause the physical condition of the Property to change from its
existing state on the effective date of this Agreement up to and including the
date of Closing. Therefore, Seller agrees not to enter into any contracts or
agreements pertaining to or affecting the Property and not to do any act or
omit to perform any act which would change the physical condition of the
Property or its intended use by Purchaser.
g. The Property, and all uses of the Property, have been and presently are in
compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on
the Property except as specifically disclosed to the Purchaser; that the Seller
has no knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Property to be conveyed to the
Purchaser, that the Seller has not received notice and otherwise has no
knowledge of: a) any spill on the Property; b) any existing or threatened
environmental lien against the Property; or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property . This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
8. INDEMNIFICATION - Seller shall indemnify, defend, save and hold harmless the
Purchaser against and from, and reimburse the Purchaser with respect to, any
and all damages, claims, liabilities, laws, costs and expenses (including without
limitation reasonable paralegal and attorney fees and expenses whether in court,
out of court, in bankruptcy or administrative proceedings or on appeal), penalties
or fines incurred by or asserted against the Purchaser by reason or arising out of
if, �.
9
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the breach of any of Seller's representations under paragraph 6(h). This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
9. CURATIVE INSTRUMENTS, TAXES - Purchaser shall pay all fees to record any
curative instruments required to clear title, and all Easement recording fees. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Seller shall pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation.
10. EFFECTIVE DATE - 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 . TERM OF EASEMENT - The term of this Easement shall commence upon the
issuance of Purchaser's official Notice to Proceed to its roadway contractor for the
construction of signal at Randall Boulevard and 8th Street Project (Project 60230)
and shall terminate upon the earlier of December 31, 2025, or the completion of
construction of the permanent traffic signal improvements as part of the
Immokalee Road and Randall Boulevard Intersection Project No. 60147.
12. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will
have breached this Agreement and the other party may provide written notice of
said breach to the party in breach, whereupon the party in breach shall have 15
days from the date of said notice to remedy said breach. If the party in breach
shall have failed to remedy said breach, the other party may, at its option,
terminate this Agreement by giving written notice of termination to the party in
breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the
Property, by the Seller is contingent upon no other provisions, conditions, or
premises other than those so stated herein; and this written Agreement, including
all exhibits attached hereto, shall constitute the entire agreement and
understanding of the parties, and there are no other prior or contemporaneous
written or oral agreements, undertakings, promises, warranties, or covenants not
contained herein. No modification, amendment or cancellation of this Agreement
shall be of any force or effect unless made in writing and executed and dated by
both Seller and Purchaser.
14. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Court & Comptroller
(I)A
BY: BY: �. ��
P" Ma"
Attest as to Chairman's, De ty CIe WIL A M L. McDANIEL, Jr., C airman
si nature only.
AS TO SELLER:
DATED: � �� VALENCIA LAKES AT ORANGETREE
HOMEOWNERS' ASSOCIATION, INC.,
a Florida not-for-profit corporation
Witness (Signature) LIN A MYER , Pre nt
3evv (Iva t,
Name (Print or Type)
Witne ignature)
BefhariLiI r Ctl tkl��C l/1
Name (Prix t or Type)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
0
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«- NlSISNOTASU "t EXHIBIT A
rAr(CEL.499-T'TIF STUCM PAGE 1 of 2
A 1"OR TION OF SUCTION 23 1'W1' US RNIG 27E
Parcel No.: '86981(t&M7
strap' 67923'5 B I3(.'23
I
L
Valencia Lakes
Tract "B"
'- 2
N 88'09'1 1„ W
Northerly 100'
'— PUB --Right—of—Way Line
Randall Boulevard
LINE BEARING IDISTANCE1
Li N 0150'49" E 120.00'
L2 N 88'09'11" W '20.00'
L3 S 01'50'49" W 20.00'
L4 S 88'09'11" E 20.00'
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.05D THROUGH .052, FLORIDA
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
SIGNATURE AND RAISED SEAL OF THE FLORIDA
LICENSED SURVEYOR AND MAPPER. MARK D. MCCLEARY, PSM
FLORIDA REGISTRATION No. h ;1
FOR COWER COUNTY
DATE SIGNED: _
BOARD OF COUNTY COMMISSIONERS 1
TITLE
COLLIER COUNTY, FLORIDA Temporary Transportation Facilities EasementTRANSPORTATION
..�WIN
msNGDtseRIItG�nrvtffiON I, DATE IPROJNo SHEET t of 2 FILE
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*.. THIS IS NOT A SURVEY *" EXHIBIT A
YyR(1:1.:49971F
DI.SCRIPT10\ PAGE 2 of 2
A POR 110\OF SECTION 23 I W\ 413ti R`v 3 2 1-,
P4 cr1 Na. '8698 06447
Stray fi?9235 B 13C33
DESCRIPTION:
COO LACING AT THE SOUTHEAST CORNER OF TRACT B OF VALENCIA LAKES - PHASE 5-A
AS RECORDED IN PLAT BOOR 44 PAGE 79 OF THE PUBLIC RECORDS OF COLLIER COUNT'
AND THE INTERSECTION OF THE NORTHERLY 100'` RIGHT OF WAY(ROW) OF RANDALL
BOUT, VARI:
THENCE N 88`09'1.1' W A DISTANCE OF 288.83 ALONG SAID ROW TO THE SOUTHEAST
CORNER OF A TEMPORARY TRANSPORTATION FACILITIES EASEMENT AND THE POINT OF
BFGGININING
THENCE N 01' 50• 49' A DISTANCE OF 20.00' :
THENCE N 88`09`11' W A DISTANCE OF 20.00' •
THENCE S O1`50°49'` W A DISTANCE OF 20.00' :
THENCE S 88`09' 11- E A DISTANCE OF 20.00' ALONG SAID ROW:
WHICH IS THE POINT OF BEGINNING,
HAVING AN AREA OF 400.00 SQUARE FEET, 0.009 ACRES MORE OR LESS.
NOTE: BASIS OF BEARING IS THE NORTH LINE OF RANDALL BOULEVARD BEING
N 88`09'11" W.
------- BOARD OF COUNTY C01fMISS10NER5 TITLE
COLLIER COUNTY, FLORIDA Temporary Transportation Facilities Easement
TRANSPORTATION ENGG DIVISION
as rm■ram MIS — —--
r.na nags mu pa!rsas DATE 1PROJ. N°--- _ !SHEET 2 of 2 ,FILE: