Resolution 2010-039
RESOLUTION NO. 2010-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF
ALL REAL PROPERTY CONVEYANCES MADE EITHER TO COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OR
TO THE COLLIER COUNTY WATER-SEWER DISTRICT, WHICH ARE
HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT
COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES, OR
IN FULFILLMENT OF OBLIGA nONS PURSUANT TO AGREEMENTS,
DEVELOPMENT ORDERS, SITE DEVELOPMENT PLAN REQUIREMENTS
OR STIPULA nONS, OR AS MA Y BE REQUIRED FOR THE
CONSTRUCTION OF ANY CAPITAL IMPROVEMENT PROJECT.
WHEREAS, the Board of County Commissioners is the governing body of Collier
County, a political subdivision of the State of Florida (hereinafter referred to as "County"), and
WHEREAS, the Board of County Commissioners is also ex-officio the Governing Board
of the Collier County Water-Sewer District (hereinafter referred to as "District"); and
WHEREAS, various interests in real property must often be conveyed to the County and
to the District for public use in order to: (1) fulfill certain development commitments stipulated
by Collier County ordinances, development orders, conditional use approvals, or site
development plan approvals; or (2) fulfill obligations which may now or in the future be
contained in agreements between either the County or the District and any property owner; or (3)
which are conveyed to the County or to the District, at the request of the County Manager or his
designee, for the construction of capital improvement projects; and
WHEREAS, the express and formal acceptance by the County and/or the District of such
real property conveyances is important so that infrastructure maintenance responsibilities are
established, and the public's right to utilize certain real property becomes documented through
such acceptance; and
WHEREAS, the growth of Collier County necessitates an increasing number of such
conveyances year after year, which would otherwise require the preparation of an increasing
number of executive summaries for the purpose of placing each separate conveyance before the
Board of County Commissioners for its express and formal acceptance.
NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may
be conveyed to the County or to the District, and which are conveyed: (1) as a development
commitment requirement pursuant to any County ordinance or development order or, as a
stipulation or condition of Conditional Use approval or Site Development Plan approval, or (2) in
fulfillment of any obligation which may now or in the future be contained in any agreement
between the County or the District and any property owner; or (3) which real property
conveyances to the County or to the District which have been requested by the County Manager
or his designee, and are required for the construction of any Board-approved capital improvement
project, are hereby accepted.
AND IT IS FURTHER RESOLVED that in order to document the acceptance of any
such conveyance of an interest in real property to Collier County, a stamp or seal attesting to
acceptance on behalf of Collier County, with reference made to this resolution, shall be affixed to
such conveyance instrument prior to its recording in the Public Records of Collier County,
Florida.
AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its
Chairman to execute on behalf of the Board agreements between real property Grantors and the
County or the District for which no compensation is being paid, and in substantially the same
form as that Sample Real Property Conveyance Agreement attached hereto and made a part
hereof as Exhibit "A."
Page 2
AND IT IS FURTHER RESOLVED that the Board hereby approves and authorizes its
Chairman to execute on behalf of the Board agreements between Utility Providers and the
County or the District in substantially the same form as that Sample Subordination of Utility
Interests and Agreement for Reimbursement for Additional Facilities Relocation attached hereto
and made a part hereof as Exhibit "B."
AND IT IS FURTHER RESOLVED that the County Manager or his designee is
authorized to follow proper real estate closing procedures and record all such conveyance and/or
curative instruments in the Public Records of Collier County, Florida.
AND IT IS FURTHER RESOLVED that Resolution No. 2004-209 is hereby superseded
and replaced in its entirety.
THIS RESOLUTION ADOPTED on this Z 3 day of rCpp~l),\(<'(2010 after motion, second
and majority vote.
.'^~ A:TIp~T:
..:'2,.\..,'" OWIGtI:T- E. BROCK, CLERK
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;: ,'";' :'~f '.",', :'......}... ~~6.. ~
';, ~.,:<, -'. Deputy Clerk
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'A'pprdv~d as to form and
legal sufficiency:
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Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF C~~R COUNTY, FLORI A
By: r~--L w (
FRED W. COYLE, Chairman
Page 3
EXHIBIT -L
?age....L-of 3
SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this day of I 20_, by and between
, whose mailing address is (hereinafter referred to as
"Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Grantor convey to the County an
Easement 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; and
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Property requested by County.
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. 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. Grantor shall convey the Easement to County, in a form acceptable to County
and at no cost to the County, unless otherwise stated herein. Said conveyance
(Grantor's delivery to County of a properly executed easement instrument) is
hereinafter referred to as the "Closing."
3, Prior to Closing, Grantor 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
Easement upon their recording in the public records of Collier County, Florida. At
or prior to Closing, Grantor shall provide County with a copy of any existing prior
title insurance policies. Grantor shall provide such instruments, properly
executed, to County on or before the date of Closing.
4, This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to
EXHIBIT A
Page 2. of .3
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.
5. County shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Easement.
6. 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.
7. Conveyance of the Easement by Grantor is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
8. 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.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
, Chairman
Last Revised: 11/30/09
AS TO GRANTOR:
DATED:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 11/30/09
EXHIBIT A
Page .3 of .3
EXHIBIT B
Page , of.3
SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT
FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this _ day of ,2010, by and between COLLIER COUNTY,
a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY
PROVIDERl (hereinafter referred to as "Utility").
WITNES ETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for
highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require subordination of the
interest claimed in such lands by Utility to the County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the
public right-of-way to prevent conflict between the County's use and the Utility's use, and for the benefit of each,
and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any
future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on
Exhibit "A", attached hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility
and the County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A"
attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of
constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on
the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK, PAGE
The County and the Utility further agree that:
I. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which
includes the Utility's easements identified above and additional lands for public right-of-way, as described
in Exhibit "A", attached hereto and made a part hereof.
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and
relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance
with the County's current minimum standards for such facilities as of the date of this agreement. Any new
construction or relocation of facilities within the public right-of-way will be subject to prior approval by
the County.
EXHIBIT B
Page z.. of 3
3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located
presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or
adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including,
but not limited to, the cost of acquiring replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined
in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or
interfere with such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss
or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to,
upgrade or remove its facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and
Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
, CHAIRMAN
Signed, sealed and delivered
in the presence of:
By:
Print Name:
By:
Title:
Print Name:
By:
Print Name:
(Corporate Seal)
2
Utility Subordination Agreement
EXHIBIT B
Page :3 of _3
STATE OF
COUNTY OF
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared , to me known and personally known to me to be the person described
in, and did not take an oath and who executed the foregoing instrument as the of
and acknowledged before me that he executed the same as such official in the
name and on behalf of said Corporation.
WITNESS my hand and official seal in the County and State aforesaid this _ day of
,2010.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Approved as to form and
legal sufficiency:
Assistant County Attorney
3
Utility Subordination Agreement