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Backup Document 06/28/2022 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 1 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. **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. County Attorney 1-14"f'" County Attorney's Office 2. BCC Office Board of County Commissioners (al 1y/fah/ Ø..ç/zz_ 3. Minutes and Records Clerk of Court's OfficeAcc te.(41z23:oaprp\ �7 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 239-252-8402 Contact/Department Agenda Date Item was June 28,2022 Agenda Item Number 16.C.1 Approved by the BCC Type of Document Easement Agreement—Sunshine Princess Number of Original Attached House Corporation Documents Attached PO number or account N/A 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. 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 VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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 June 28,2022,and all changes made VR N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the � N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the "J an option for Chairman's signature. this line. 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 I6C I Memorandum TO: Minutes & Records Management FROM: Vivian Rodriguez, Real Property Management DATE: June 28, 2022 RE: Golden Gate City Transmission Water Main Improvements Design — Sunshine Princess House Corporation This item is being accepted by the BCC under Agenda Item 16.C.1, which was approved on June 28, 2022. Please attest to Commissioner McDaniel's signature as Chair on the Easement Agreement. Once attested, please forward a copy of the fully executed Easement Agreement to my attention via email. Please contact me if you have any questions or comments at Extension 8402. Thank you. I 6 C 1 MEMORANDUM Date: June 29, 2022 To: Vivian Rodriquez, Transportation Eng. - ROW From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Easement Agreement Project: Golden Gate City Transmission Water Main Improvements Design Address: 2400 44th St. SW Folio #36561800001 Attached is an original of each document referenced above, (Agenda Item #16C1) approved by the Board of County Commissioners on Tuesday, June 28, 2022. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16C 1 PROJECT: Golden Gate City Transmission Water Main Improvements Design ADDRESS: 2400 44th St. SW FOLIO No: 36561800001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 28+4 day of 5,n , 2022, by and between SUNSHINE PRINCESS HOUSE CORPORATION, a Florida for profit Corporation, (hereinafter referred to as "Owner"), whose mailing address is, 17664 Holly Oak Ave., Ft. Myers, FL 33967, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLiJER 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 has requested that Owner convey to the County a perpetual, non-exclusive easement for utility purposes, including but not limited to the installation of water main, operating, maintaining repairing 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 the Property 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, in consideration of these premises, 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. Owner shall convey the Easement to County for the sum of One Thousand Dollars ($1,000.00), 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, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to County. 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 o I 1 Page 2 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 one hundred and twenty (120) 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 ;.hall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to County in a form acceptable to County. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the 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 the 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 the County against and from, and to reimburse the 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 the 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. c1 o I I Page 3 7. The County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. 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. 8. 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. 9. 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. 10. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. ct4 i 6 C 1 Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 7gt'`day of Done , 2022. Date Easement acquisition approved by BCC: 6/Z8/22 AS TO COUNTY: +.,,. DATED: Vn1pi o20a-0/' ATTEST: a. ,,. BOARD OF COUNTY COMMISSIONERS CRYSTAL.K:•KIN;ZI L4 Clerk of the COLLIER COUNTY, FLORIDA, AS THE Circuit Court andrCorhptroller GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE, / GOVERNING BOA RD OEcT.HE COLLIER '4. i I:!.r COUNTY WAT' tl ' 1is1'RPCT tti l i to Chaffi '� �.2) f Signature Only. BY: Willi, L. 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