Backup Documents 06/24/2014 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I A
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 O ffice.
Route to Addressee(s)(List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office / lt"1
2. BCC Office Board of County ���
Commissioners ' (AZ---AV*
3. Minutes and Records* Clerk of Court's Office (7,,q ' tty'—°
*Please scan under Proj. No. 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,ROW Coordinator,Tpt.Eng. Phone Number 252-5843
Contact/ Department
Agenda Date Item was June 24,2014 Agenda Item Number 16.A.2
Approved by the BCC
Type of Document Easement Agreement Number of Original One
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
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 �,A
document or the final negotiated contract date whichever is applicable. 'CP
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 06/24/2014 (enter date)and all changes
made during the meeting have been incorporated in the attached document. The an optit
County Attorney's Office has reviewed the changes,if applicable. this lin,
9. Initials of attorney verifying that the attached document is the version approved by the N/A is
BCC,all changes directed by the BCC have been made,and the document is ready for the
_ 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
16A2
MEMORANDUM
Date: June 27, 2014
To: Robert Bosch, ROW Coordinator
TECM Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement
Project #60040 — Parcel 157RDUE/Folio #37285280003
Attached for your records, a copy of the document referenced above is
attached, (Agenda Item #16A2) adopted by the Board of County
Commissioners on June 24, 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.
16A2
PROJECT: 60040
PARCEL No: 157RDUE
FOLIO No: 37285280003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this R day of , 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, 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:
$1,500.00
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) extending
into the Easement, and to remove all sprinkler valves and related electrical wiring (if
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Page 2
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) Road Right-of-Way, Drainage and Utility 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
construction of the project without any further notification from County. Owner
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Page 3
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
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
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Page 4
(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
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
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Page 5
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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
REMAINDER OF THIS PAGE INTENTIONLLY LEFT BLANK
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Page 6
AS TO COUNTY:
DATED: pe-4-1q
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
B ,t
Attest as to ChaY Clerk TOM HENNI G, C = rman
sicin:tn rrht,
AS TO OWNER: OPPORTUNITIES REAL ESTATE
FUND, LLLP, a Florida .mited
DATED: L-3 11S I I partnership
1 .
gam By: 41
itness (Signature) Ayesha Si A esha Albibi, General Partner
( 9
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e (Print or Type) ` _
r .k JO F ness (Signature)
f(V, INY1A-16--
Name (Print or Type)
Approved as to form and legality:
• , �jaw
Assistant County Attorney
Last Revised:6/3/2013
CA
___ _ __________
_ ___
1-6 A 2
1 EXHIBIT "A"
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KAVAKY & HGBSON EAST 150' OF
w OR 2339/77 TRACT 73
re rATERWAYS ,DINT VENTURE II
TRACT 72 8— OR 3699/3259
TRACT 74
4.
I TRACT 73
GOLDEN GATE ESTATES
UNIT 14
8_ PLAT BOOK 7 PAGE 74
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PROPOSED ROADWAY EASEMENT
PARCEL 157 RDUE
ff e I ( 30'
_ 41
48+00 49+00 50+00 % i
GOLDEN GATE BOULEVARD (CR 876)
I
OR OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY,DRAINAGE AND UTILITY EASEMENT(ROUE)
•1
EXISTING USE OF ROADWAY
THE PUBLIC EASE
PER MENT PLAT DEDICATED TO PACE THE 74 PERPETUAL
,
LEGAL DESCRIPTION FOR PARCEL 157 ROUE
A PORTION OF TRACT 73, GOLDEN GALE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE PUBLIC
RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH. RANCE 27 EAST, COLDER
COUNTY, FLORIDA, 9EINC MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 30 FEET OF THE SOUTH NO FEET OF THE EAST 150 FEET OF SAID TRACT 73.
CONTAINING 4,500 SQUARE FEET, MORE OH LESS.
o so so Lao ef,SKETCH & DESCRIPTION ONLY 1111.wW. s.a 3 R 4 WVVE/
NOT A BOUNDARY SURVEY RpMAA� *1 3 w.s»/
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GOLDEN CATS BOULEVARD -SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT RwAcv PARCEL 157 ODOR
COLLIER COUNTY, FLORIDA Otis wit.PNho 1,.,I yp
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