Backup Documents 05/13/2014 Item #16A18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 1 8
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office
I 114
2. BCC Office Board of County
Commissioners \rVil"/ 4(_114\
3. Minutes and Records* Clerk of Court's Office
*Please scan under 28th Ave. SE Bridge Proj. No. 60123 in the BMR Real Property Folder. Thank you.
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 Robert Bosch,R W Coordinator,Tpt.Eng. Phone Number 252-5843
Contact/ Department
Agenda Date Item was 05/13/2014 Agenda Item Number 16A18
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account DO NOT RECORD
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? No
2. Does the document need to be sent to another agency for additional signatures? If yes, No
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
CeP
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
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 05/13/2014(enter date)and all changes
made during the meeting have been incorporated in the attached document. The
it•
County Attorney's Office has reviewed the changes,if applicable. in
9. Initials of attorney verifying that the attached document is the version approved by the is
BCC,all changes directed by the BCC have been made,and the document is ready for the 4°- •tt;
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
16A18 8
MEMORANDUM
Date: May 16, 2014
To: Robert Bosch, ROW Coordinator
TECM Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Temporary Construction Easement Agreement
Project #60123 — Parcel 101TCE/Folio #41340240000
Attached for your records, a copy of the document referenced above is
attached, (Agenda Item #16A18) adopted by the Board of County
Commissioners on May 13, 2014.
The Minutes & Records Department will keep the original as part of the
Board's Official Records.
If you should have any questions, please call me at 252-8411.
Thank you.
PROJECT: 28th Avenue SE Bridge Construction 1 6 A 1 8
Project No. 60123
PARCEL: 101 TCE
FOLIO: 41340240000
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hQreinafter
referrpri to as the "Agreement") is made and entered into on this �$-ri day of
1 " , 2014, by and between OPPORTUNITIES REAL ESTATE FUND,
LLLP, a Florida limited partnership, whose mailing address is 8461 SW 11th Road,
Gainesville, FL 32607-7017 (hereinafter referred to as "Owner") and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
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, the County requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A" (hereinafter referred to as
"TCE"), which is attached hereto and made a part of this Agreement, for the purpose of
constructing roadway, sidewalk, drainage and utility facilities within the public right-of-
way immediately adjacent thereto, AND for the purpose of constructing a temporary
access road over culvert extensions placed in the canal adjacent thereto, during the
pendency of the bridge construction in the Miller Canal Drainage Easement; subject to
the restrictions contained herein; and
WHEREAS, the Owner desires to convey the TCE to the County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the County has agreed to compensate the Owner for conveyance
of the TCE.
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 are 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 TCE to County for the sum of $500.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 8 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 all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and shall be in full and final
(JAL
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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, and the cost to cut and cap irrigation lines extending into the
Easement, and to remove all sprinkler valves and related electrical wiring, 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 TCE, the execution of such instruments which will remove,
release or subordinate such encumbrances from the TCE 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) Temporary Construction 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 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.
9
16A18
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, 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 TCE 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 TCE 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 TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TCE, 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 TCE.
(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 TCE or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the TCE 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
TCE 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 TCE and not to do any act or omit to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by County.
S
16A18
(h) The property underlying the TCE, 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 TCE 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 TCE 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 TCE; b) any existing or threatened environmental
lien against the property underlying the TCE; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the property underlying the
TCE. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. 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 6(h). This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. County shall pay all fees to record any curative instruments required to clear title,
and all TCE 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 TCE; 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
compensation payable to the Owner per paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
9. The term of the TCE shall commence upon the issuance of Grantee's official
Notice to Proceed to its contractor for the construction of the 28th Avenue
Southeast Bridge Construction Project No. 60123, and shall automatically
terminate 730 days therefrom.
10. 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,
16A18
personal representatives, successors, successor trustee, and/or assignees,
whenever the context so requires or admits.
11. If the Owner holds the property underlying the TCE 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 TCE before the TCE held in such capacity is conveyed
to County, its successors and assigns. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
12. Conveyance of the TCE, or any interest in the property underlying the TCE, by the
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.
13. 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.
14. 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: 5-116\14
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUN , FLORIDA
- ‘„4.. - • rsc_
Attest as to •► '` -puty Clerk TOM HENNING, o' airman
y`�Y
signature only,,
I6AiP
AS TO OWNER: OPPORTUNITIES REAL ESTATE
ff FUND, LLLP, a Florida limited
DATED: LI-‘0-1`k partnership -,
111 1L _ . '1k I By:
ess (Signature) / Ayesha Albibi, General Partner
_.1 I1_ ' , 1 '
N.1,e (Print or Type)
0
et
:.�1. ` \
tness (Signatur-)
\oVx mcftoriApi
Name (Print or Type)
Approved as to form and legality:
81UALRI
Assistant County Attorney
c--,
EXHIBIT "A"
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF ¢.- A
TRACT 6 AS SHOWN ON THE GOLDEN GATE ESTATES, UNIT NO 88 IP _^,Z
SUBDIVISION AS RECORDED fN PLAT BOOK, 5 PAGE 27, BEING , 1w�
S 89'40'50" E. 0 15' 30' 60' I?2
2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND ,,SCALE: 1 = 30' , Q3,,
DECIMALS THEREOF.
3. THIS SKETCH & DESCRIPTION IS NOT VALID WITHOUT THE HIS PLAN MAY HAVE BEEN ENT ARCED
SIGNATURE AND ORIGINAL RAISED SEAL OF A LICENSED FLORIDA oR RL(UCLD FROM INTENDED DISPLAY a
SURVEYOR AND MAPPER. NO ADDITIONS OR DELETIONS TO THIS SCALE FOR REPRODUCTION REASONS to
PLAN ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT
OF THE SIGNING PARTY. Z
4. REVISED PER COUNTY COMMENTS, 15 JULY 2013. w ~
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', w GOLDEN GATE ESTATES, UNIT NO 88 0 0 ' O D_
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p W N 28th AVENUE SE 6 -° _ a,
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Z — —
3 w k..h P.O.C./ f a '-
o SOUTHEAST CORNER OF o m° c cc v
`o O PARCEL 14 - OR 4600, PG 2584 2 N
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A PORTION OE TRACT 5 1 c 6 Lu
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LANDS NOW OR FORMERLY OF [ c
GOL OE N LAND PARTNERS, TLC • corm-
PARCEL 21 - OR 4724, PG 2086 s
0110 NO. 41340200105
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PROPERTY DESCRIPTION J�� c', x w
A TEMPORARY CONSTRUCTION EASEMENT LYING IN SECTION 30, TOWNSHIP 1• ;..0 2
49 SOUTH, RANGE 28 EAST, COLLIER COUNTY FLORIDA, BEING MORE O Cr N
PARTICULARLY DESCRIBED AS FOLLOWS; rr ' ..„-c w
i••l c c�
COMMENCING AT THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN ~ 2 , Z
OFFICIAL RECORDS BOOK 4600, PAGE 2584 OF THE PUBLIC RECORDS OF ^G
•COLLIER COUNTY, FLORIDA, THENCE RUN ALONG THE EAST LINE OF SAID CO li • r O
LANDS, NORTH 00'19'07° EAST FOR A DISTANCE OF 30.00 FEET TO A O T s
POINT ON THE NORTH LINE OF THE 60' WIDE ROADWAY AS SHOWN ON THE ix
GOLDEN GATE ESTATES, UNIT NO. 88 SUBDIVISION, RECORDED IN PLAT CN •y 77: '2. A I
BOOK 5, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ' M ,Gy c = ''v
THENCE RUN ALONG SAID NORTH LINE. NORTH 89'40'50` WEST FOR A �'' - "`-
DISTANCE OF 5.36 FEET TO THE POINT OF BEGINNING OF THE HEREIN U , ar S.--
DESCRIBED TEMPORARY CONSTRUCTION EASEMENT; w D c 4 o
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89'40'50" WEST FOR ~ E>-
A DISTANCE OF 142.17 FEET TO THE INTERSECTION WITH THE EAST LINE ir" . L, gc w
OF THE 95 FOOT WIDE DRAINAGE EASEMENT AS SHOWN ON THE GOLDEN v if
GATE ESTATES, UNIT NO 88 SUBDIVISION, RECORDED IN PLAT BOOK 5, D
PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE '-
RUN ALONG SAID EAST LINE, NORTH 01'18'20" EAST FOR A DISTANCE OF LEGEND U ° o n w
40.01 FEET; THENCE LEAVING SAID EAST LINE, RUN IN AND THROUGH THE -,OC I'OMi PE '.CiMML NCI MEN! < o RI- o w
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4600, PAGE 2584, SOUTH u " 4 c,
PCB F OME OF BEE:A(41NC U ,' ' 0
89'40'50" EAST FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 01'18'20" PL3 n' B. N
WEST FOR A DISTANCE OF 15.00 FEET; THENCE SOUTH 69'00'18" EAST if I,(,[ 4
FOR A DISTANCE OF 42.48 FEET; THENCE SOUTH 89'40'50" EAST, FOR A CI )III IAL RECORDS LOOK m u. 3-
DISTANCE OF 92.06 FEET; THENCE SOUTH 00'44'12" WEST FOR A DISTANCE '..LN I' FOCI! S m o ui r
OF 10.00 FEET TO THE POINT OF BEGINNING; t M I ROi1 .IYNTI 7,jRV,.OR AND MPPE R Z Y 0 w p
ND. NUMBER g W CO m < I- W u_
CONTAINING 2,022 SQUARE FEET, MORE OR LESS. o u q y a N --