Backup Documents 02/10/2015 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RI 6
A8
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
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 CounAttorney Office.
Route to Addressee(s) (List in routing order) Office Initials [ Date
2. NNN \\N
3. County Attorney Office County Attorney Office
4. BCC Office Board of County `�
Commissioners V `(\ /
5. Minutes and Records Clerk of Court's Office l g 19,6Ftt:fifet
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 Michelle L.S eet Phone Number 252-6027
Contact/ Department TECM-RO
Agenda Date Item was �����'� Agenda Item Number Jr,.
P
Approved by the BCC `
Type of DocumentNumber of Original
Attached £C3L1 r ., A-Sktvlfwv,c7 (?) Documents Attached
PO number or account
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? ►u4
2. Does the document need to be sent to another agency for additional signatures? If yes, lid
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N
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 1/
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. Be aware of your deadlines!
8. The document was approved by the BCC on.4iolt,'(enter date)and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County /0 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 forth an option for
Chairman's signature. Is line.
16A8 8
MEMORANDUM
Date: February 26, 2015
To: Michelle Sweet, Property Acquisition
Transportation Engineering
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement— Golden Gate Boulevard Project #60040
Parcels: 236RDUE and 419RDUE
Attached for your records is a copy as referenced above, (Item #16A8) approved by the
Board of County Commissioners on Tuesday, February 10, 2015.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
164g 8
PROJECT: 60040 Golden Gate Boulevard
PARCEL No(s): 236RDUE
FOLIO No(s): 39207080001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (here'nafter referred to as the "Agreement") is
made and entered into on this oQd day of �gag, , 20 t'( , by and between
MARIA GUTIERREZ, a married woman, who has an address at 3421 Golden Gate
Boulevard E, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual, non-exclusive road right-of-way, drainage
and utility easement over, under, upon and across the lands described in Exhibit "A",
which is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires to convey the Easement 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. 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. Owner shall convey the Easement to County for the sum of:
$4,000.00
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 Owner, payable by County Warrant or funds wire transfer, 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 Owner'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)
164g
Page 2
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 County, including all attorneys' fees, expert witness fees and costs as
provided for in Chapter 73, Florida Statutes.
3. 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 the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and 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) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County 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 County'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 Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event owner
fails to relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), Owner is responsible for their retrieval prior to the
C
16A8
Page 3
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County 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. Owner agrees, represents and warrants the following:
(a) Owner 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 Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner 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 Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
164g
Page 4
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) 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.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and 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 any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. 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 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 underlying the
Easement; 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 Owner, and shall be deducted on the Closing Statement from the
(;)
164
Page 5 °
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
11. 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. 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, subject to the penalties prescribed for
perjury, 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. (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. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner 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 Owner and County.
14. 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.
15. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
Cq
16 ,48
Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: 01,4.y„Th l oi,1U t,l
ATTEST;, -3r•, BOARD OF COUNTY COMMISSIONERS
DWIGHT �. BROCK, Clerk COLLIER COUNTY, FLORIDA
fit '''- ' .- CSkAsukkAAcc____
BY: / <,,&
j§uty Clerk TQM-1=1€414414G,I14G Chairman
signature gnlym TIM NANCE
AS TO OWNER:
__ 2C' v1., L%
DATED: C t
7t-11A
/7 !, 6.. ,
Witness (Signature) MAI A • ERAEZ
F
f-Ab,A. 011kc-:..
Na e ({'rin orType) n
x
Witness (Sign. ure)
b b i\D I re. (c0K
Name (Print or Type)
Approved as to form and legality:
' 1
' Item# I_�___i l
Assistant County Attorney Agendas
Date s21 S
Last Revised:6/3/2013
Dace °'1 .1 1 S
Res'
DeputyCl2r"
9
3—_' GOLDEN GATE BOULEVARD (CR 876) i 6 8
118+00 119+00 122+00 121+00 122+00 123+00
/0' •
8
PROPOSED ROADWAY EASEMENT EXHIBIT
PARCEL 236 RDUE j Of
4,515 S0. F7. 1
I s8 I
i a
� I
9
� I
TRACT 96 TRACT 97 TRACT 134
GOLDEN GATE ESTATES
UNIT 48
PLAT BOOK 5 PAGE 78 EAST 105' OF
TRACT 97
CARBALLEA GRIVALSKY
OR 2770/2509 OR 1437/120
CARBALLEA
OR 4486/985
m I
' 3
W N
E
S
I i
SQ. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE) TECM - ROW
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
lIL 3 EX'STING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL FEB 0 1 2010
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 78
LEGAL DESCRIPTION FOR PARCEL 236 RDUE
A PORTION OF TRACT 97, GOLDEN GATE ESTATES, UNIT 48 AS RECORDED IN PLAT BOOK 5, PAGE 78 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE EAST 105 FEET OF SAID TRACT 97.
CONTAINING 4,515 SQUARE FEET, MORE OR LESS.
0 40 80 160 •�V'V`�
SKETCH & DESCRIPTION ONLY �� �� IUEL A.WARD,PROFESSIONAL SURVEYOR&MAPPER
NOT
SKETCH BOUNDARY& SURVEY FLORIDA REGISTRATION RR TE NO.5301
SCALE: 1"=80' SIGNING DATE: j /O
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SI Nk� 14,uSED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL R MD MAPPER.
GOLDEN SKETCH &ADESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTING GA Englogerlog
PARCEL 236 RDUE Z IL V TA. A. mwping
8810 Meow Park 0IW9,Suite 200
COLLIER COUNTY, FLORIDA NO ee,Florida 34109
Phone:(2391 507-0575 FAX:(239)597-0578
LB No,:6952
NUMBER JOB REVISION I SECTION ION TOWNSHIP j RANGE r SCALE O Y f FILE NAME I SHEET
050217.00.0 0001 REV01 Z 1 80' DEC.A 2009 S.D.L.S DL SK 236 1 OF 1 C�
1 6 A 8
PROJECT: 60040 Golden Gate Boulevard
PARCEL No(s): 419RDUE
FOLIO No(s): 39207080001
EASEMENT AGREEMENT
THIS EASEMENT AGREW ENT (here' after referred to as the "Agreement") is
made and entered into on this da day of 1 bJeeate..- , 20 14 , by and between
MARIA LILI GUTIERREZ, a married woman, who has an address at 3421 Golden Gate
Boulevard E, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual, non-exclusive road right-of-way, drainage
and utility easement over, under, upon and across the lands described in Exhibit "A",
which is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner desires to convey the Easement 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. 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. Owner shall convey the Easement to County for the sum of:
$21,000.00
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 Owner, payable by County Warrant or funds wire transfer, 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 Owner'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)
16A8
Page 2
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 County, including all attorneys' fees, expert witness fees and costs as
provided for in Chapter 73, Florida Statutes.
3. 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 the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and 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) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County 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 County'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 Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event owner
fails to relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), Owner is responsible for their retrieval prior to the
CA
16A8
Page 3
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County 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. Owner agrees, represents and warrants the following:
(a) Owner 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 Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner 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 Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
CA
1614P
Page 4
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) 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.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and 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 any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. 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 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 underlying the
Easement; 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 Owner, and shall be deducted on the Closing Statement from the
16A8
Page 5
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
11. 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. 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, subject to the penalties prescribed for
perjury, 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. (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. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner 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 Owner and County.
14. 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.
15. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
CA
6 8
Page
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: ,�,U,.,,. /Q,)4.4 Y
ATTEST,r ;: ,- BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BIkQCK, Clerk COLLIER C_. ITY, FLORIDA
IdNA---)1/4-Ar-1/4- / e,adice_._
St as tGCii ..-0,1pciaigty Clerk T-GM-14ENN4NG, Chairman
sicinatifre only.-
TIM NANCE
AS TO OWNER:
DATED: , 2-6 i/
— - ----41r' 461011h
Witnes (Signature) MARIA ILI UTI' RREZ
M.A.- b / A vl 6-9e)/1,A C..,—,
Name (Printro, Type)
l `/ O.2 4
W Hess (Signature)
h It A )at -c_
Name (Print or Type)
Approved as to form and legality:
(-24\A...t()A 1---- 90-1(:7-1
‘1 bilyltem# -i
Assistant County Attorney
Dain Agende X1 (°I l
Last Revised:6/3/2013
Date off' (9401(S
Recd
Deputy Clerk
Ciit,
1
16A8
. 1
1
1
EXHIBIT A. Am
1
Page I of t
1
' EAST 75' OF
. WEST 180' OF
TRACT 63 1
I ; DIAZ
ANEIRO 1OR 3659/485 MOYERS ,
'
OR 4070/2642 OR 3924/1753
1
I
TRACT 46 TRACT 63 TRACT 64
GOLDEN GATE ESTATES I
UNIT 77
PLAT BOOK 5 PAGE 15
N
I
j S
PROPOSED ROADWAY EASEMENT
PARCEL 419 RDUE
1,500 SO. FT.
� -20' _. —__ —_ _.
I i;; jJl
i
245+00 249+00 1247+00/ 248+00 2441 H) 250400
j 1 GOLDEN GATE BOULEVARD (CR 876)
OR OFFICIAL RECORDS (BOOK/PAGE)
1 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
r I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
A USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 419 RDUE
A PORTION OF TRACT 63, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 2B EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE EAST 75 FEET OF THE WEST 180 FEET OF SAID TRACT 63.
CONTAINING 1,500 SQUARE FEET, MORE OR LESS. `A�
0 40 ..._...__ B0 180 we c �Q
N r L A *ARO.PROFES 75vRiri,„N5 MAPPER
SKETCH & DESCRIPTION ONLY C � =-0 FLORIDA REGISTRATION Ts E N.
NOT A BOUNDARY SURVEY SCALE. 1-.80' SIGNING 3A IL
NO1 VNrO WITHOUT THE.ORIGINAL SIGNA E t5ED EMBOSSED SEAL W
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A rLOR10A REGISTERED PROFESSIONAL RVEYOR AND HARPER.
GOLDEN GATE BOULEVARD "‘"X/ �0vr. don
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT NS TI j B '
PARCEL 419 RDUE 6610 Willow Perk Drve,Sulte 200
COLLIER COUNTY, FLORIDA Ne7s.Fl5rIFaX:(
Phone:(239)5997-0575 FAX(233
9)597-0578
LB No.:8952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.00 0007 5 49 28 1" = 80' FEB. 2008 _ S.O.L. UN77 SK419 1 OF 1
CA