Backup Documents 10/13/2015 Item #16A19ORIGINAL DOCUMENTS CHECKLIST & ROUTINt a 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COACMMIOMM OFFICE FOR SIGNATURE
Print on pink paper. Attack to original doesumt. The completed routing dip and original docameMS 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 OlDee so later
than Monday preceding the Board meeting.
Complete routing tine 01 through #2 as p; 11 for additional sipolvem dates, sodkr iahmutim modod. Ifthe document is already aompleoe with the
excentien of &e Chokunia's sismenam dew a line duou ah roadne lines 81 throne, Im aamolele the d hoddist sod tinwmd to the C=W A#mcy Oboe.
Route to Ad s dmla
Office
Initials
Date
Department
TZCM - ROW
licable
2.
b I �3
Item Number
A. A. f 9
3. County Attorney Office
County Attorney Office
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4. BCC Office
Board of County
Commissioners
Number
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5. Minutes and Records
Clerk of Court's Office
Documents d
PO number or wcomit
PRIMARY CONTACT INFORMATION
Na=Ay the primary contact is tide palm who aatedlinVived the Exwutm smdmsry. Primary oORW information b nadod m the avant one of the
addresaoes Awminavuead w coommufffiwadditiondorudaumaishnnedon.
Name of Primary Staff
Mkbelle ii.. Sweet
Phone Number
252.60V
Department
TZCM - ROW
licable
-Contact/
Agenda Dam Item
b I �3
Item Number
A. A. f 9
Bwa
Approved by the
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Type of Document
r
Number
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
number if document is
by the Office ofthe County Attorney.
to be recorded
All handwritten suilw ,rough and revisions have been initialed by the County Attorney's
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dip
INSTRUCTIONS & CHECIO.IST
Initial the Yes column or mark "N /A" in the Not Applicable cohmu, whichever is
Yes
N/A (Not
licable
1.
Does the document require the chairman's original signature? d
2.
Does the document need to be sent to another agency for additional signatures? If yes,
movide the Contact Information amt • Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney.
4.
All handwritten suilw ,rough and revisions have been initialed by the County Attorney's
..-
dip
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signeum lire daft 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
signaftne and initials we
7.
In most cases (some counwts are an exc eptionj 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 Sorwarding to TalWtassee within a certain
time frame or the BCC's actions are nullified. Be aware of z2ar deadlinesl
S.
The document was approved by the BCC on 14411 ON45M and all changes made
daring the meeting have been incorporated In the attached document. The County
NS
Attorney's Omer has reviewed the ebames, if applkaW
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's swumm. zie�
Ann P. Jenneiohn
From: Ann P. Jennejohn
Sent: Wednesday, October 14, 2015 4:54 PM
To: Sweet, Michelle
Subject: Parcel 121RDUE/TDRE (10 -13 -15 BCC Meeting Item #16A19)
Attachments: Parcel 121RDUE & 121TDRE.pdf
Hi Michelle,
Copies of the easement agreements for the purchase of Parcel 121RDUE and
Parcel 9.21TDRE, required to replace a bridge on White 13oulevard are attached for you.
Thank you!
Ann Jennejokn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept
1
%'Wrt,
PROJECT: 66066 Bridge Repairs — White & Cypress
PARCEL No(s): 121 RDUE
FOLIO No(s): 37340840003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this -lj", day of 0e tcl , 2015, by and between
STEVE M. SAID and DIANNE A. SAID, husband and wife, whose mailing address is
3190 White Boulevard, Naples, FL 34117 (hereinafter referred to as "Owner "), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, 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:
RECITALS - All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of:
$51,400.00
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, 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)
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
"Orb;
16A19
Page 2
said Easement to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - 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. TIME IS OF THE ESSENCE - 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. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - 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
IN
16A19
Page 3
the 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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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
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16A19
Page 4
hereunder; nor is there any other charge or expense upon or related to the
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. INDEMNIFICATION - 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. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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
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6 A 1 9
Page 5
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." In accordance with
the provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by County, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless the Easement is
acquired under threat of condemnation.
10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds
of sale all prior year ad valorem taxes and assessments levied against the parent
tract property which remain unpaid as of the date of Closing.
11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be
effective as of the date this Agreement is executed by both parties and shall inure
to the benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
12. PUBLIC DISCLOSURE - If the 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. ENTIRE AGREEMENT - 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. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will
have breached this Agreement and the other party may provide written notice of
said breach to the party in breach, whereupon the party in breach shall have 15
days from the date of said notice to remedy said breach. If the party in breach
shall have failed to remedy said breach, the other party may, at its option,
terminate this Agreement by giving written notice of termination to the party in
breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
1 6 A 1 9
Page 6
15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then
such invalid part shall be severed from the Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and not be
affected by such invalidity.
16. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: 1o/131d
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK;.Clerk COLLIcliCaUNTY, FLORIDA
pt,v. L (.C . BY: /
Li
Attest as Clerk TIM NANCE, Chairman
AS ftin{ltlgk:
DATED: 6, -
4
Witness (Signature) STEVE M. SAID
Jim/L + STE HE1co,J
Name (Print or Type)
Witness (Signature) DIANNE A. SAID
MICHELLP,L. SWC
Name (Print or Type)
Item# I T"
Approved as to form and legality: Agenda if
Date u
Date 10
m i
FjkikiVtoey-,.
Pep r uu --_ •
Deputy I :k
Assistant County Attorney
16A19
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PROJECT: 66066 Bridge Repairs — White & Cypress
PARCEL No(s): 121TDRE
FOLIO No(s): 37340840003
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this 1d`' day
of Ct l0t, , 2015, by STEVE M. SAID and DIANNE A. SAID, husband and
wife, whose mailing address is 3161 White Boulevard, Naples, FL 34117 (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida (hereinafter referred to as "County"), whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon
and across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TDRE to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from
a smooth transition between Owner's existing driveway and the new roadway, and
desires to convey the TDRE to the County for the stated purposes, on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of these premises set forth above, the sum
of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and
sufficiency of which is hereby mutually acknowledged, it is agreed by and between the
parties as follows:
1. RECITALS - All of the above RECITALS are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum
of:
$400.00
6 A 1 9
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, 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)
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. DOCUMENT DELIVERY - Owner shall deliver the properly executed TDRE
instrument to County within 30 days of the date of this Agreement.
4. RECORDING FEES - The County shall pay for all costs of recording the
TDRE instrument in the Public Records of Collier County, Florida.
5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof
shall be effective as of the date this Agreement is executed by both parties and shall
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
6. TERM OF EASEMENT - The term of this TDRE shall commence upon the
issuance of Grantee's official Notice to Proceed to its roadway contractor for the
construction of Bridge Repairs — White Boulevard and Cypress Canal — Project 66066,
and shall automatically terminate 1,095 days therefrom.
7. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will have
breached this Agreement and the other party may provide written notice of said breach
to the party in breach, whereupon the party in breach shall have 15 days from the date
of said notice to remedy said breach. If the party in breach shall have failed to remedy
said breach, the other party may, at its option, terminate this Agreement by giving
written notice of termination to the party in breach and shall have the right to seek and
enforce all rights and remedies available at law or in equity, including the right to seek
specific performance of this Agreement.
8. ENTIRE AGREEMENT - Conveyance of the Property by Owner 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
16A19
covenants not contained herein. This Agreement may only be amended in writing by the
parties hereto.
9. VENUE - This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED: it iti
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLI -E,9UNTY FLORIDA
tV OUP
. BY: �,e/ rc.e
•- •uty,Clerk TIM NANCE, Chairman
`-` Attest a _ a' ar
AS Tci99 *
A
DATED:�
Wit 'ess ignature) STEVE M. SAID
,SOAUF} .si?f/tEA
Name (Print or Type)
Witness )
nature Si DIANNE A. SAID
MICHELA., vie
( 9
Name (Print or Type)
Approved as to form and legality:
Item# I
Agenda l 9j,At
Date
Assistant County Attorney Date 1D—Y
ExtIBrr 16 A 1 9
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