Loading...
Agenda 08/22/2023 Item #16B 4 (Approve the purchase of a Right of Way, drainage and utility easement for the Everglades Boulevard North and 43rd Avenue Northease Intersection Improvements Project)08/22/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute an Agreement for the purchase of a Road Right of Way, Drainage, and Utility Easement (Parcel 515RDUE) required for the Everglades Boulevard North and 43rd Avenue Northeast Intersection Improvements Project (Project No. 60256). Estimated Fiscal Impact: $33,421.46. OBJECTIVE: To acquire a Road Right of Way, Drainage, and Utility Easement (Parcel 515RDUE) needed for intersection improvements at Everglades Boulevard N and 43rd Avenue NE. CONSIDERATIONS: Collier County is seeking to acquire a Road Right of Way, Drainage, and Utility Easement (Parcel 515RDUE) needed for installation of traffic signal facilities required for the Project. The improved parent tract is located on the northeast corner of Everglades Boulevard N and 43rd Avenue NE and is owned by Walter and Samantha Lovos. Parcel 515RDUE is 625 square feet in extent and rectangular in shape. Project improvements include construction of a westbound right turn lane on 43rd Avenue NE for traffic to proceed north on Everglades Boulevard. This turn lane will shorten the throat length of the property’s existing driveway on 43 rd Avenue NE to the extent that vehicles waiting to enter the property will block the proposed tu rn lane. Project improvements include construction of a new driveway connection in the right of way off Everglades Boulevard to address this safety issue. The attached Purchase and Sale Agreement reflects a negotiated compensation amount of $32,871.46. This is the amount necessary for the owners to complete construction of the new driveway upon their property plus an additional $2,000 to cover cost escalation. If this parcel is not acquired by negotiation, it may have to be condemned. Significant risk factors accrue to the County in condemnation actions, including exposure to exorbitant damages claims and liability for payment of attorney and expert witness fees and costs. Staff accordingly recommends that the Board of County Commissioners approve t he Agreement, as a better result is not expected if Parcel 515RDUE is condemned. FISCAL IMPACT: Funds in the amount of $33,421.46 will be required, being the compensation amount of $32,871.46, and miscellaneous closing and recording fees in the estimated amount of $550. Funding will be the Growth Management Capital Fund (3081). LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: . Approve the attached Purchase and Sale Agreement and authorize the Chairman to execute same on behalf of the Board; . Accept the conveyance of Parcel 515RDUE and authorize the County Manager, or her designee, to record the conveyance instrument in the public records of Collier County, Florida; . Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the Purchase and Sale Agreement to close the transaction; and . Authorize the County Manager or her designee to take the necessary measures to ensure the County’s performance in accordance with the terms and conditions of the Purchase and Sale Agreement. Prepared By: Robin L. Goldsboro, Property Acquisition Specialist I, Right of Way Acquisition, Transportation Engineering Division. ATTACHMENT(S) 1. Aerial Exhibit - 515RDUE (PDF) 16.B.4 Packet Pg. 571 08/22/2023 2. Easement Agreement (PDF) 3. Lovos 515RDUE Estimates (PDF) 16.B.4 Packet Pg. 572 08/22/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.4 Doc ID: 25983 Item Summary: Recommendation to approve and authorize the Chairman to execute an Agreement for the purchase of a Road Right of Way, Drainage, and Utility Easement (Parcel 515RDUE) required for the Everglades Boulevard North and 43rd Avenue Northeast Intersection Improvements Project (Project No. 60256). Estimated Fiscal Impact: $33,421.46. Meeting Date: 08/22/2023 Prepared by: Title: Property Aquisition Specialist I – Transportation Engineering Name: Robin Goldsboro 07/03/2023 10:13 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 07/03/2023 10:13 AM Approved By: Review: Growth Management Community Development Department Anthony Khawaja Additional Reviewer Completed 07/03/2023 10:24 AM Transportation Engineering Julio Ordonez Additional Reviewer Completed 07/03/2023 11:07 AM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 07/03/2023 2:20 PM Road Maintenance Marshal Miller Additional Reviewer Completed 07/03/2023 3:32 PM Transportation Engineering Robert Bosch Additional Reviewer Completed 07/05/2023 8:11 AM Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed 07/05/2023 9:28 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/06/2023 1:36 PM Transportation Management Services Department Trinity Scott Transportation Completed 07/07/2023 8:49 AM Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 08/01/2023 2:14 PM County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 08/01/2023 2:52 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/01/2023 3:11 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/01/2023 3:34 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/08/2023 9:56 AM Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM 16.B.4 Packet Pg. 573 AERIAL – PARCEL 515RDUE (Everglades Blvd N & 43rd Ave NE Project No. 60256) / EXISTING RIGHT OF WAY NEW EDGE OF PAVEMENT EXISTING DRIVEWAY PARCEL 515RDUE APPROXIMATE LOCATION OF NEW DRIVEWAY 16.B.4.a Packet Pg. 574 Attachment: Aerial Exhibit - 515RDUE (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) PROJECT: 99999 - Miscellaneous PARCEL: 515RDUE FOLIO: 39770440000 PURCHASE AND SALE AGREEMENT (easement without responsibility for maintenance) -? THIS P-UIRCHASE AND SALE AGREEMENT ("A9reement") is entered into this /9 /Oay of,J-4!e ,20U by and between SAmANTHA TAYLOR Lovos and WALTER LovOS, wife and husband, whose mailing address is 4310 Everglades Boulevard N, Naples. FL 34120 (collectively. "Selle/'), and COLLIER COUNTY. a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office. Suite 800, Naples, FL 34112 (the'County"). Recitals A. Seller owns certain real property in Collier County. Florida. commonly known as 4310 Everglades Boulevard N, Naples. Florida 34120. B The County desires to purchase a perpetual non€xclusive a perpetual non-exclusive Road Right-of-Way, Drainage, and Utility Easement (the "Easement") over. under. upon and across a portion of Seller's property as described in Exhibit "A" attached hereto (the "Property"). NOW THEREFORE. the parties agree as follows: 1. AGREEmENT TO SELL AND PURCHASE Seller hereby agrees to sell. and the County hereby agrees to purchase the Easement on the terms and conditions set forth in this Agreement. A. Arnount. The compensation payable by lhe County for the Easement shall be 132,871.45 subject to prorations. apportionrnents, and distribution of sales proceeds provided for in this Agreement. No portion of the compensation is attributeble to personal property B. Full Comoensation The payment of the net sales proceeds to Seller, payable by County check at Closing (defined below), shall be (i) full compensation for the Easement, including, without limitation, all rmprovements located on the Property as of the date o, this Agreement; and (ii) full and final settlement of all other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the Easement to the County, whether foreseen or unforeseen. including, without limitation, and to the extent applicable. moving expenses. attomeys' fees, expert witness fees and costs as provided for In Chapter 73, Florida Statutes. 3. PURPOSE OF EASEilENT. The Easement shall be for Road Right of Way, Drainage, and Utility purposes and includes the right to enter upon the Easement to a) construct, operate, maintain, repair, replace and remove (i) roadways, driveways, curbs. sidewalks. bike paths. walking trails, bus shelters, lighting, and all structures and other improvements ancillary lo any ofthe foregoing. for use by the general public to the extent same is maintained as such: (ii) canals. dilches. swales, earthen berms. rip-rap, retaining walls and other retaining systems, underground pipes, irrigation lines and other types of water conlrol struclures and facilitiesl and (iii) public utilities and. with the Grantee's prior writlen consent, private ulility facilities including. without limrtation. facilities for electricity, gas, communication cables, and b) place. excavate, use. store. planl. relnove and dispose of soil, trees. Iandscaping. and other materials and improvements, including the removal and disposal of any and all propeo, real and/or personal, not owned by the County to the extenl it interferes with the County s righls under the Easement. without liability to the owner of such prop€rty; all as deerned necessary or appropriate from time to time by the County 2. COMPENSATION 1 16.B.4.b Packet Pg. 575 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) 4. CLOSING DATE: POSSESSION. A. Closino Date. Seller's conveyance of the Easement to the County (the "Closing") shall occur within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME lS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division,2885 Horseshoe Drive South, Naples, Florida 34104. C. Possession. Seller shall remove Seller's Personal ltems, vacate, and surender possession of the Easement to the County at Closing. Seller shall leave the Property free of all personal property and debris and in substantially the same condition as exists on the date of Seller's executron of this Agreement. The County shall have lhe right to inspect the Property prior to Closing. 5. CLOSING DOCUMENTS. As soon afrer the parties' execution of this Agreement as is possible, Seller shall deliver the following documents to the County, properly executed and in a form approved by the Collier County Aftorney's Office (the "Closing Documents"): a b c d e Road Right of Way, Drainage, and Utility Easement instrument; Closing Statement; Affidavit of Title; Form W-9 (Request for Taxpayer ldentification Number and Certification); Evidence of legal authority and capacity of the individual executing this Agreement on behalf of Seller to execute and deliver this Agreement and the Closing Documents; Satisfaction, Partial Release, Termination or Subordination from the holder of each mortgage or other lien open of record encumbering the Property; Termination, Partial Release, or Subordination of any leases or rental agreements that encumber the Property; Termination or Subordination of any existing easement that encumbers the Property, if required by the County; and Such other documents as the County or title company deems necessary or appropriate to clear title to the Easement. (0 (s) (h) (t) Following the Closing, Seller shall execute any and all additional documents as may be requested by the County or title company to correct clerical errors, clear title, or otherwise carry out the intent ofthe parties. 5. CLOSING COSTS AND DEDUCTIONS A. Countv's Closino Costs. At Closi ng, the County shall pay (i) the recording fees to record the Easement instrument and any curative Instruments required to clear title; and (ii) the cost of an owner's policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the delivery of properly execuled Satisfaction, Releases, Terminations, or Subordinations of any liens open of record encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable costs and/or processing fees." B. Seller's Closino Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes required on the Easement instrument in accordance with Section 201.01, Florida Statutes, unless the Easement is acquired under the threat of condemnation, in which case the conveyance is exempt from state documentary stamp taxes; (ii) any apportionment and distribution of the full compensation amount provided 2 B. No Adverse Chanoes: Risk of Loss. The County's obligation to close shall be contingent upon the County having determined that, between lhe date that the County completes its due diligence investigations and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title, physical condition of the Property, or other matters previously approved by the County. Between the date of the parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. lf the Property is damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the Property at Seller's expense. -ao 16.B.4.b Packet Pg. 576 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as payoff, paydown, or for the protection of its security interest, or as consideration due to any diminulion in the value of its property right; and (iii) all taxes and assessments that are due and payable. 7. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS, A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located on the Property, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc. ("Systems"), prior to the commencement of construction, without any further notification from the County. Seller assumes full responsibility for the relocation of all Systems and their performance on the remainder property after relocation. Seller holds the County harmless for any and all possible damage to the Systems in the event Seller fails to relocate the Systems prior to the commencement of construction. B. Retention of lmDrovements. Seller acknowl edges that the County has compensated Seller for the value of all amprovements and landscaping ("lmprovements") located on the Property, and yet the County is willing to permit Seller to salvage said lmprovements provided same are removed from the Property prior to the commencement ofconstruction. lf Seller elects to retain any lmprovements located on the Property, Seller is responsible for their removal prior to the commencement of construction, without any further notification from the County. All lmprovements remaining on the Property at the time of commencement of construction shall be deemed abandoned by Seller. C. This section shall survive Closing and is not deemed satisfied by conveyance of the Easement. 8. INSPECTIONS. A. lnsoections. Following the date of the parties' execution of this Agreement, the County shall have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the Property that it deems appropriate, including, without limitation, a title examination, property survey, appraisal, building inspections, environmental assessments, engineering studies, soil borings, determination of compliance of the Property with applicable laws, and the like. Seller shall provide the County with reasonable access to the Property to conduct on-site inspections. The County shall promptly repair any damage to the Property caused by such on-site inspections. B. Countv's Rioht to Terminate. Notwithstanding anything in this Agreement to the contrary, the County's obligations under this Agreement to acquire the Easement are contingent upon the County's satisfaction with the Property, including, without limitation, as revealed by the County's investigations and inspections as set forth herein. lf, prior to the Closing, the County identifies any objectionable matters and determines that such objections cannot be resolved to the County's satisfaction through reasonable diligence, within a reasonable period of trme, and at a reasonable cost, all as determined by the County in its sole discretion, the County shall have the right to terminate this Agreement by written notice to Seller, whereupon neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall not be required to, provide Seller with an opportunity to rectify such objections. 9. SELLER'S ADDITIONAL REPRESENTATIONS AND WARRANTIES. Seller makes the following additional representations and warranties on the date of Seller's execution of this Agreement, and shall be deemed to have repeated same at Closing: (a) Seller is the sole owner of fee simple title to the Property and has full right, power, and authority to own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations under this Agreement and the Closing Documents. (b) No tenant or other party has any right or option to acquire the Property or to occupy the Property, or, if applicable, Seller shall disclose same to the County in the applicable Closing Documents. 3 o vo 16.B.4.b Packet Pg. 577 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) (c) Seller's title to the Property is free and clear of all mortgages and other liens and encumbrances, except as may be disclosed in the title commitment, title repod, or attorney title opinion oblained or to be obtained prior to the Closing. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property shall remain in etfect following the Closing. (f) There are no governmental proceedings or investigations ofany kind, formal or informal, civil or criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability to perform Seller's obligations under this Agreement. (S) The Property is in compliance with all federal, state and local laws, including, without limitation, environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous substances have been used, generated, stored, treated, or removed from the Property, nor is there any lawsuit, proceeding, or investigation regarding samei the Property has never been used as a landfill, and there are no underground storage tanks on the Property; there has been no spill, contamination, or violation of environmental laws pertaining to any contiguous propertyi and Seller has not received notice and otheMise has no knowledge ofany existing orthreatened environmental lien against the Property. (h) Seller has not utilized a real estiate broker or agent in connection with Selleis sale of the Easement to the County and no real estate sales commission is due. (D None of the improvemenls located on the Property encroach upon adjoining properties, and no improvements located on adjoining properties encroach upon the Property. 10. DEFAULT: REMEDIES. lf either party failsto perform any of its obligations under this Agreement and fails to cure such failure within 15 days afrer receiving written notice thereof from the non-defaulting party, the non-defaulting party shall have the right to terminate this Agreement by giving written notice of termination to the dehulting party; without limitation of any other rights and remedies available to the non-defaulting party at law or in equity, including, without limitation, the right to seek specific performance, and to recover damages, including attorney fees and court costs, in connection with such default; all rights and remedies being cumulative. 11.IN DE MN IF ICATIO N:WAIVER OF CLAIMS . Seller shall indemnify, defend, and hold the County harmless from and against all claims and actions asserted against the County, and all damages, losses, liability, penalties, fines, costs and expenses, including, without limitation, attorney fees and court costs, suffered or incurred by the County, arising from (i) Seller's representations and warranties in this Agreement or in any of the Closing Documents if untrue; or (ii) Seller's failure to perform any of Seller's obligations under this Agreement, irrespective of whether the County delivers a written notice of default to Seller; or (iii) injuries, accidents. damage to Selleis personal property, or other incidents occurring on the Property prior to Closing. 12. NOTICES. All notices given by either party to the other under this Agreement shall be in writing and shall be personally delivered, or delivered by a traceable courier, or maaled by U.S. certilied mail, to the parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other address as may be specified by either party tom time to time by written notice to the other party. Notices shall be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing. A (d) Between the date of Seller's execution of this Agreement and lhe Closing, Seller shall not do anything to encumber the title to the Property, or convey the Property to a third party, or grant to any third party any rights of any kind with respect to the Property, or do anything to change or permit to be changed the physical condition ofthe Property, without in each instance obtalning the County's prior written consent, which may be granted or withheld in the County's sole discretion. 4 16.B.4.b Packet Pg. 578 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) 13. GENERAL PROVISIONS. A. Successors and Assions. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors and permitted assigns. B. Assionment. The parties shall not assign any rights or obligations under this Agreement to a third party without the prior written consent of the other party. C. Entire Aoreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties. E. Time Periods. lf a ny deadline or expiration of any time period provided for hereunder falls on a Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day. F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed prior to the Closing, including, without limitation, Selleds representations, warranties, indemnity obligations, shall survive the Closing. G. Severabilitv. lf any provision of this Agreement is determined to be legally invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. H. No Waiver. No party shall be deemed to have waived its right to enlicrce any specific provision of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or as a waiver of any other provision. l. Governino Law: Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. [SIGNATURES ON FOLLOWNG PAGEI 5 o.{? 16.B.4.b Packet Pg. 579 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) lN WTNESS WHEREOF. the parties have executed this Agreement on the dates indicated below, effective as of the date this Agreement is executed by the County. Date 2023 SELLER: SAMANTHA TAYLOR LOVOS+.--]-...-- WALTER LOVOS 2023 COUNTY: COLLIER ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller Deputy Clerk Approved as to form and legality DEREK D. PERRY, Esq. Assistant County Attorney Last Revised 2/23/23 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By RICK LoCASTRO, Chairperson ?v 6 ovJ Date: 16.B.4.b Packet Pg. 580 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) ... IWS IS A SARVEy ... TE. ROW PARCEL 5I5RDUE SKEI'CH A PORTION OF SECTION 8 TWN 48S RNO 28E PARCEL No. 39770440000No\/ 7 z0z2 L2 I t.)I LOT 7 o J c0a [rJoIott! LlJ trJ o o, o z .o.8. o r.) s 89'40'50" E 43 RD AVE NE 50.00' .o.c. LOT 6 LINE BEARING DISTANCE Ll N 00'19'10" E 2s.00' L2 s 89'40'50" E 25.00' L3 s 00'19'10" w 25.00' t4 '40'50" wN8o 25.OO' P.O.C P.O.B , _ POINT OF COUITENCEMENT - POINT OF BEGINNING IHIS MAP IS NOT VAUD TIIIHOUT IHE ORICINAI SICI{AIURE AND RAISED SEAL OF THE FLORIDA UC$ISED SURIEYOR ANO MAPPER. I cEtrnFY IHAT IHIS lrAP vl S MADE UNOER )lY DlREctlc,t{ AND IHAT lT UEETS I}G I'II'ITUC IECIINICAI- STAIIDARDS SEI Ffi]H BY ]HE BOAf,D OF PROFESSO{AL tll{D grRl€YoRS lN OIAPIEF 5J-17.05O TrtRCtrGfi .Ose FLORIDA AOMINISIRAIIIE COOE. PURSUANT TO CIIAPIEi 472.027. FLOfrDA STA]UIES. MARK O. l'cct! RY, PStl FLORIDA REOSIRATI(I{ tlo. 3557 F(x CIUJER COUNTY /ktuutr,LOAIE SGNED: IlILE ROADWAY DRAINAGE UTILITY EASEMENT DA-IE PROJ No.ISHEET 1 of 2 FlLE: a) Exhibit A l of 2 \_P I I I I LEGEND BOATO OF COU TY COIIrIISSIONTS COI-IIER COUNTY, FI,ORIDA ISANSPORTANON SIIGINEERII{C DMSION xrara trro^ r1d (E ) E-dr 16.B.4.b Packet Pg. 581 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) .., TTIIS IS NOT A saEwl' ...Exhibit A 2of2PARCEL 5I5RDUE DESCRIPTION A POR]ION OF SF,CTION 8 TWN 4ES RNG 288 PARCEI No. 19770440000 DESCRIPI'ION: A PARCEL OF IAND IOCATAD IN SECTION 8, TOWNSHIP 48 SOU'TH, RANCE 28 EAST, COLLIER COUNTY FTORIDA BEING PART OF GOI,DEN GATE ESTATES, T'NIT NO. 52 SUBDIVISION AS RECORDED IN PIAT BOOK 5 A}ID PAGE 87 Or' TBE PI'BLIC TTIE PUBLIC RECORDS OF COLLIER COUNTY EIORIDA. COMMENCING AT THE CEUTERLINE OF EVERGTADES BLVD AND 43iD AVE NE AITD THE COT'O'ON I,OT CORNER OF LOTS 7 & 6 OF SAID PIAT; THENCE s 89'40,50" E AroNG THE CENTERLTNE oF 43to AvE NE A DrsrANcE oF 5o-00r; THENCE N OO.19I1O'' E AIONG THE EASTERN RIGHT OF IIAY LINE OF EVERCI,ADEg BLVI) (50' RIGHT OF WAY) A DISTANCE OF 3O.OO' TO THE NORTHERN RIGHT OF WAY LINE OF 43iD AVE NE AND THE POINT OP BEGINNING, TITENCE CoNTINI,E AIpNG SAID EASTERN LINE N 00.19,10'I E A DISTANCE Otr 25.OOI; THENCE S 89"40'50" E A DISTANCE OF 25.00'; THENCE s oo'19'ro" w ro A porNT oN THE NoRTIiERN RrcHT oF wAY rrNE oF 43ro AvE NE A DISTAICE OF 25 . OO ' ,' THENCE N 89'{0'50,' w A!oNG sArD NoRT}mRN LrNE A DrsrANcE oE 25.00'THE PorNT OF BEGINNING, HAVTNG AN AREA OF 625.00 SQUARE FEET, 0.014 .E.CRES IHIS UAP IS NOT VALJD II]HOT'T IHE ORIOINAL SGI{AIURE AI{D RAISED SE^L OF IHE FLORIDA UCT STD EJR\EYOR AND IIAPPER. I CER1IFY IHAT THIS AP Y{AS UAD€ UNDER MY OIRECIIo.{ AND IHAT IT IIEEIS lHE UINIYUI' IEC}INICAL STANOARDS ST FORIH gY THE 8OARO OF PNOFESSONAL I.IND $JR\'EYMS IN CTIAPIER 5FI7.O5O IHROUOI .O5q fIORIDA ADMINISIRAIITE CODE PURSI.JANT TO O{AF]ER +72027, FLORDA STAIUIES. MARX 0. YGCLEARY. PSU FLORIOA REGSIRATION No. 6357 FOR COTIJER Col,NTY Zaz/zt4r rIl-E ROADWAY DRAINAGE UNLITY EASEMENT DAIE SG ED: P SHEET t2 NLE: .J BOITD OT COUIITY COIIISSIONER:' COI,r.INR COIJNTT, F'IORIDA TR^NSPORTANO ET{OINEARING DIVII]IOX brEt 't.tB a,B or, E-ur 16.B.4.b Packet Pg. 582 Attachment: Easement Agreement (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) o oR BONNESS ANNIVERSARY 1900 Seward Avenue Naples, FL 34'lO9 fti 12391 597-6221 .rx (239) 597.7416PAVING . 9rTgwofi . U|'aOERGPOIJNO Proposal 5ll2l2023 Submitted To: Samantha Lovos Address:4310 Everglades Blvd. N Naples, FL 34120 Contace Samantha Lovos Phone: 23*207-0643 Thank You for Conidering Bonness Inc Fax Estimate Number: 205822023 Bid Title:Lovos Residence - New Concrete Driveway Project Locationr 4310 Everglades Blvd. N Proiect City. State: Naples, FL Engineer/Architectr Line # Item Descri ErcavEte Drivewav Path . Install & Furnish 6" Concrete Drivelvay 1 Excavate (85' Long X 18'Wde) New Sidewalk Path To 6" Depth To Accommodate 6" Concrete Driveway 2 Install And Furnish 6" Driveway Concrete 5000 Psi (with Fiber Mesh) Total Price for above Excavate Driveway Path . Iffitall & Furnish 6" Concrete Driveway Itemsi JLg,O7L,46 Notes:'Subject to prompt acceptance wlthin 30 days and to all conditions stipulated on the reverse slde, we agree to tumlstr materials and labor at the price(s) set forth above. 'The above breakout of listed items are for comparison purpes only. This ls a Lump Sum proposal. 'Permib, fues, la)4out survey, duilts and teding by ourcrs. . If, during the p€rformance of this contract, the cost of materlals significantly increases, through no fault of contrador, the price of his contract shall be equatably adjud by an amount reasonably necessary to cover any such significant increase in the co6ts of materials. Such increase in material costs shall be documented through quotes, involces, or receipts. Where the delivery of materials delayed, through no fault of the contractor, as a res,rlt of the shortage or unavailability of the materials, contractor strall not be llable for any additional co*s on damages associated with sudr delay(s). This lncludes aghalt, patdring, sealcoating, utilities, cooqete and Uu&ing. . Any deviation of contacted work will require a signed drange order. No wo* related to any dlarEe order item will cqnmence until e(eqded by all pa.ties. . Bonness Inc. is not responslble fur damages caused by othe6. ' Private utility locates to be completed prior to constuctlon ard ls not induded in the above proposal. ' Hand clearing not included in above proposal. 'Removal and/or replacement of urg./itable materlals (Le. rod( and/or muck) belorr/ grade is not lnduded. . Landscape Restoration, tandscaping,, sod, se€d, and i.rigation by others. 'The above propGal is for listed lt€rns only. ' Fill pricing contingent upon availability of material. . Fuel Escalauon ClaL6e: Fluctuauons in price of fi,€l ha/e a direct impact oo the cost of transportahbn. Du€ to trE critlcal nature of fuel costs, prices are subject to dlange, Should this situation arise, Bonness wlll provide documentation of fuel price increases in the form of recelpts Indlcating the mosl recent mst paid by Subconkactor. The base price for purposes of this calculauon shall be established at $4,50 per gallon for fuel, the maxlmum decrease in fuel escalabon cod will rpt exceed the eslabllshed rate per gallm (no credit will be award€d). . The undersigned warranty all \.rork perfo.med, and all materials and equiprnent fumi*red, in connection with the proiect to be free from all defec8 in material and wo{knarEhip for a period of one year from suHantial cornpleton date and agrees to remedy all deffi arising withln that period at its erpense. The term "deiects" *Ell not be constn ed as embradng damage arising from misuse, negligence, acts of fu, nonnal wear and tear, or failure to follo!,, deanlng and operating Instruction, 5/t712023 3t47trg Ptq Page 1 of 2 TH www.Bonnesslnc.com into oBonnesslnc.com FLt CUC1224797 FLr C8C059904L 16.B.4.c Packet Pg. 583 Attachment: Lovos 515RDUE Estimates (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) o o .Irrigation s16tem mu$ be turned ofr 24 hoiJrs prior to starting and must remaln off for at least 24 hours after completion. Paym€nt Terms: Payment due wfiin 30 days of date of inwic-e, regardless of whea pafnent is made by Owner. Credit Card payrEnts are not accepted. ACCEPtEOT The above pri:es, specifications and conditions are satisfactory and hereby accepted. Buyer Signature: Date of Acceptancel CO FIRMED: Bonness Inc. Authorized Signature: Estimatofi 511712023 3t47,19 PM Paulina Eoyd Page 2 of 2 16.B.4.c Packet Pg. 584 Attachment: Lovos 515RDUE Estimates (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) o o Electrical Company of Naples LLC 512 7lh Sl SW Naples, FL 34117 +1 2339618717 seMce@electdaaLompanyof naples.com Estimate ADDRESS Samantra Lovos 43'10 Everglades blvd DATE ACTIVITY Labor and Material SH IP TO Samantha Lovos 4310 Everglades blvd DESCRIPTION Add new dedicaled circuit for future front gate po\,ver, '150'of pipe and wire connected to grfi at gate and new dedicated breaker in electrical panel. 18" deep trench done by others ESTIIVATE DATE 1132 05n5n023 - r AMOUNT 1,600.00 1,600.00 0.00 $1,600.00 QTY RATE 1,600.001 SUBTOTAL TAX Acceoted By Accepted Date TOTAL Page 1 of 1 16.B.4.c Packet Pg. 585 Attachment: Lovos 515RDUE Estimates (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) Southem Gate and Fonce, LLC. 4655 32nd Ave SE naples, FL 341 17 US (239) 316-2910 Southerngateandlence@yahoo.com ADDRESS Walter Lovos Estimate H GATE & FENSE - 239-316-2910 - ESTIMATE # 2481 DATE 05t11t2023 DESCFIPTION Fabricate powder coat and install dual swing aluminum driveway gate to match design of sliding gate existing. Mounted on 4" sq thick wall posts with adjustable estate hinges. Liftmasts LA400 dual set package the package includes 2 remotes, photo beam, wireless keypad on gooseneck stand, and exit wand OR 2nd wireless keypad on gate post on inside. Power being run prior to install by others TOTAL Accepted Date ory RATE 5,000.00 5,000.00 4,000.00 $9,000.00 Alumlnum Gate Liftmaster dual gete openers Accepted By 1 4,000.00 1 16.B.4.c Packet Pg. 586 Attachment: Lovos 515RDUE Estimates (25983 : 60256 Everglades Blvd North & 43rd 515RDUE) Stahlman-England lrrigation, lnc. 2063 Trade Center Way I Naples, Florida 34109 239-514-1 200 | info@stahlman-england.com I https://www.stahlman- england.com/Stahlman-England RECIPIENT: Samantha Lovos 4310 Everglades Boulevard North Naples, Florida 34120 Phone: 239-207-0643 Sent on 05toet2023 Quote #3723 Total $1,200.00 QTYPRODUCT/SERVICE DESCRIPTION Service Proposal Amount Estimate to install (3)2 inch 20 feet pipe for sleeves before the driveway. This estimate is time and material to not exceed $1 ,200.00. Labor crew 3 men - $12o/hour Fittings- $0.50/each Pipe: $1.0o/ft. SCHEDULE 40 PIPE .2" RELOCATE HEAD/HOTOR (UP TO 5 FT. DIGGING) LABOHCREW.3MEN Total 60 4 $1,200.00 05i0912023 Date Client Signature * Non-taxable Upon completion of services and final walkthrough, your credit card will be charged for the amount approved on this estimate. lf you have any questions, please call us directly at 239-514-1200. Thank you very much lor your businessl 5 / 16.B.4.c Packet Pg. 587 Attachment: Lovos 515RDUE Estimates (25983 : 60256 Everglades Blvd North & 43rd 515RDUE)