Backup Documents 04/25/2023 Item #16A12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 2.
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 he 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 routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2.
♦
3. County Attorney Office County Attorney Office oo `2)
4. BCC Office Board of County 1
Commissioners Pt /cJ Z 7 3
5. Minutes and Records Clerk of Court's Office 9`31444A
YLW Zt203
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 Ronald Thomas Phone Number 252-5861
Contact/ Department Transportation Engineering-ROW
Agenda Date Item was Agenda Item Number
Approved by the BCC A-QfL) ZS Za� 1 (D i i .
Type of Document Number of Original
Attached Li '-9— rictv,"A-- Documents Attached
PO number or account
number if document is I to be recorded NI)
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?
2. Does the document need to be sent to another agency for additional signatures? If yes, 1v w (\N—
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 rA
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
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
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.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. B aware of your deadlines!
8. The document was approved by the BCC on s,1 enter date)and all changes made
during the meeting have been incorporated in the attached document. The County (�O r
Attorney's Office has reviewed the changes,if applicable. �f
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 Y
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
1 6 A 1 2
MEMORANDUM
Date: April 28, 2023
To: Ronald Thomas, ROW
Transportation Engineering Department
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Easement Agreement— Parcel 99999-513SWUE
Attached for your records, is a scanned copy of the document referenced above is
attached, (Agenda Item #16Al2) adopted by the Board of County Commissioners on
Tuesday, April 25, 2023.
The original has been kept by the Board's Minutes and Records Department as part of the
Board's Official Records.
If you should have any questions, please call me at 252-7240.
Thank you.
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PROJECT: 60252.1 Logan at VBR Intersection
PARCEL(s): 99999 - 513SWUE
FOLIO(s): 29268000085 •
EASEMENT AGREEMENT
THIS EASEMENTAGfEEMENT,(hereinafter referred to as the"Agreement") is made
and entered into on thi ay of .p✓J,t__ , 2023, by and between THE COVE
HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida not-for-profit corporation,
whose mailing address is do Paramont Property Management, LLC, 5629 Strand
Boulevard, Suite 412, Naples, Florida 34110 (hereinafter referred to as "Seller"), and
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
(hereinafter referred to as "County" or"Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive Sidewalk, Slope, and Utility
Easement (hereinafter referred to as the "Easement") over, under, upon and across the
lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement; and
WHEREAS, Seller desires to convey the Easement to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Seller 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. 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:
$1,200.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 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, the cost to relocate the existing irrigation system and other improvements (if
any), and the cost to cut and cap irrigation lines (if any) extending into the Easement,
and to remove all sprinkler valves and related electrical wiring (if any), and all other
damages in connection with conveyance of said Easement to Purchaser, including all
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attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida
Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Seller shall obtain from the holders of
any liens, exceptions and/or qualifications encumbering the Property the execution of
such instruments which will remove, release or subordinate such encumbrances from
the Property upon their recording in the public records of Collier County, Florida. County
shall pay all costs for recording (if recorded), as well as any other costs associated with
this Easement Agreement, including by not limited to the costs of title commitment and
title insurance policy, if required. Prior to Closing and as soon after the execution of
this Agreement as is possible, Seller shall provide Purchaser with the following
documents and instruments properly executed, witnessed, and notarized where
required, in a form acceptable to County (hereinafter referred to as "Closing
Documents"):
(a) Sidewalk, Slope, and Utility Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting Purchaser's enjoyment of the
Easement;
(c) Closing Statement;
(d) Affidavit of Title
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Seller 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 Seller'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. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to
relocate any existing irrigation system located on the Property including irrigation lines,
electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project
without any further notification from Purchaser. Seller assumes full responsibility for
the relocation of the irrigation system (if any) and its performance on the remainder
property after relocation. Seller holds Purchaser harmless for any and all possible
damage to the irrigation system in the event Seller fails to relocate the irrigation system
prior to construction of the project.
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If Seller elects to retain improvements and/or landscaping ("Improvements") located on
the Property (if any), Seller is responsible for their retrieval prior to the construction of
the project without any further notification from Purchaser. Seller acknowledges that
Purchaser has compensated Seller for the value of all improvements located within the
Easement area, and yet Purchaser is willing to permit Seller to salvage said
improvements as long as their retrieval is performed before construction and without
interruption or inconvenience to the Purchaser's contractor. All improvements not
removed from the Property prior to commencement of construction of the project shall
be deemed abandoned by Seller.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. 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.
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
underlying the Easement, 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.
(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) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Property.
(f) 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 Easement or which adversely affect Seller's ability to perform
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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.
(g) 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 adversely affect the physical condition of the Property or
its intended use by Purchaser.
(h) The Property, 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 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 Easement Property to be sold 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, in bankruptcy
or administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Seller's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, Purchaser may elect to pay reasonable costs
and/or processing fees required by lien-holders and/or easement-holders in connection
with the execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the Property provided, however, that any
apportionment and distribution of the full compensation amount in Paragraph 2 which
may be required by any mortgagee, lien-holder or other encumbrance-holder for the
protection of its security interest, or as consideration due to any diminution in the value
of its property right, shall be the responsibility of the Seller, and shall be deducted on
the Closing Statement from the compensation payable to the Seller per Paragraph 2.
Purchaser shall have sole discretion as to what constitutes "reasonable costs and/or
processing fees."In accordance with the provisions of Section 201.01, Florida Statutes,
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concerning payment of documentary stamp taxes by Purchaser, Purchaser shall further
pay all documentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation.
10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of
sale all prior year ad valorem taxes and assessments levied against the Property solely
subject to the Easement which remain unpaid as of the date of Closing.
11. 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.
12. PUBLIC DISCLOSURE - If the Seller holds the Property in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name
and address of every person having a beneficial interest in the Property before the
Easement held in such capacity is conveyed to Purchaser. (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.)
13. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property,
by 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. 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.
15. SEVERABILITY- Should any part of this Agreement be found to be invalid, then such
invalid part shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such invalidity.
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16. VENUE - This Agreement is governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
Date: . I-' , 2023 SELLER:
THE COVE HOMEOWNERS ASSOCIATION OF
NAPLES, INC.,
a Florid ciipt-for-profit corporation
I
BY:
NDRE ES, President
Date: 14Pg f t- 2 5 T" , 2023 COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
lL �l
By: BY:
Deputy Clerk` , RICK J. LoCASTRO, Chairperson
Attest as to Chairmar s
iiii signature only
AOed to d legality:
Derek D. Perry, Esq.
Assistant County Attorne
L��
12
Last Revised 05/05/21
47
0
EXHIBIT
m 17115 IS NOT A SURVEY m
PARCEL 513SWUF.
COVE.THE TRACT D,SIDEWALK,SLOPE AND UTILITY EASEMENT
SKETCH
TE - ROW wV\Yl' A PORTION OFSECTION 33TWN 48 RNG26F.
PARCEL No.29268000085
JUL 1 5 2022
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COVE, THE TRACT D / I
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L3 z
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P.O.B
----- — ��
Ll
VANDERBILT BEACH ROAD LEGEND
P.O.B - POINT OF
BEGINNING
SWUE - SIDEWALK UTILITY
EASEMENT
I CERTIFY THAT THIS MAP WAS MADE MIER MY DIRECTION AND THAT IT
MEETS THE MIDGAI TECH/GOAL STAHCARDS SET FORTH BY THE BOARD OF
THIS MAP IS NOT VELD WITHOUT THE OIIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH.062,FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDAA011li5TRA11VE CODS PURSUANT TO GRAPIER 471027,fLdtDA STATUTES.
UCF]ISED SURVEYOR AND MAPPER. MARK D.MCCEEARY,PSM
FLORDA REGISTRATION No.6557
FOR COLLIER COU1412.2_
DATE=MEM
BOARD OF COUNTY CONXISSIONERS TITLE COVE,THE TRACT I)
COLLIER COUNTY, FLORIDA SIDE WALK,SLOPE AND UTILITY EASEMENT
TRANSPORTATION ENGINEERING DIVISION
NM OM IMO=DIM
YAM Mad b...N w-"11B DATE I PROJ No. (SHEET 1 of 2 (FILE:
C''U
16A1 )
�XHIBI A
Page of �--
••• TRW IS NOT A SURVEY'•••
PARCEL 513SWUE
W j'cL.JW COVE,THE TRACT D,SIDEWALK,SLOPE AND UTILITY EASEMENT
DESCRIPTION
JUL 15 2022 A PORTION OF SECTION 33 TWN 48 RNG 26 E
PARCEL No.29268000085
DESCRIPTION:
A PORTION OE TRACT D, OOMNON AREA L.B.E. OF 21 COVE AS RECORDED IN PLAT
BORE 31, PARE 12 LYING IN TWA SDUTBNEST MAMA OF SECTION 33, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SOUTHEAST CORKER OF SAID TRACT D.
TRENCH ALONG TKE NORTHERLY RIGHT OF WAYIRONILIIIE OF VANDERBILT BEACH ROAD
(170'RON) N 69'56'49' N A DISTANCE OE 21.00';
THENCE DEPARTING SAID ROW N 36.30'09' E A DISTANCE OF 33.52';
THENCE ALONG THE EAST LINE OF SAID TRAM 9 02.14'44" E, A DISTANCE OF 27.00'
TO TEE POINT 0E 8EG11INLs,.
HAVING AN AREA OT 263,27 SQUIDS FEET, 0.007 AC71ES
NOTE, BEARING BROWN HERA ACCORDING TO PLAT BOOS 31 AT PAGE 12
LINE# LENGTH DIRECTION
L I 2 100' N 89°54'49"W
L2 33 52' N 36°30'(19"E
L3 27.00' S 02°14'44°E
I CERTIFY THAT T19S MAP WAS MADE UNDER MY DIREC110N AND THAT IT
MEETS THE MINIMUM TEO4NICAL STANDARDS SET FORTH BY THE BOARD OF
TI#S MAP IS NOT VALID WTNOUT THE ORWNAL PROFEWOONAL LAND SURVEYORS M CHAPTER 5J-17.050 THROUGH.012,FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDAADMINISTRATNE CODE,PURSUANT TO CHAPTER 472027, FLORIDA STATUTES
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY,PSM
FLORIDA REGISTRATION No. S /77.
FOR
COLDER COUNTY `'I/V1/w b I. 77/AS/Z.Z.
DATE OOHED:
BOARD OF COUNTY COMMISSIONER I TITLE COVE THE TRACT D
COLLIER COUNTY, FLORIDA SIDEWALK,SLOPE AND LITIUTY EASEMENT
TRANSPORTATION ENGINISRON:DIVISION
w wow us ww
—— '' °"w MP E '" DATE I PROJ No. ISHEET 2 Of 2 IFILE:
Cio