Force Main Parcel 904INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Cindy Erb, Sr. Property Acquisition Specialist
Property Acquisition & Construction Management
February 18, 2003
Santa Barbara Force Main Interconnect Project- Parcel # 904
Folio No. 38391880008
Attached you will find one (1) Easement Agreement for execution by Chairman
Tom Henning, concerning the above transaction. Please be advised that the
documents have been reviewed and approved by the County Attorney's Office.
The Board of County Commissioner of Collier County, Florida approved the
acquisition by condemnation pursuant to Resolution # 2002-416/CWS
Resolution # 2002-04, Agenda Item 10 A, dated September 24, 2002, and the
Board has authorized its present Chairman to execute any instruments, which
have been approved by the Office of the County Attorney.
Once the Agreement has been executed, please forward same to Minutes and
Records Management, for attestation by the Clerk to the Board.
If you have any questions regarding this matter, please contact me at 774-8917.
Thank You.
Attachment:
PROJECT: Santa Barbara Force Main Interconnect Project
PARCEL: 904
FOLIO: 38180080008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 1~ day of ~br~r'H , 2003, by and between
CYPRESS POINT LIMITED PARTNERSHIP, a' Mississippi limited partnership,
(hereinafter referred to as "Owner"), whose mailing address is c/o Boston Capital,
One Boston Place, Suite 2100, Boston, MA 02108, and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER- SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility
facilities and maintenance purposes over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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:
Owner shall convey the Easement to Purchaser for the sum of $6,400.00,
payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Easement
conveyed, including improvements and fixtures located thereon, and for any
damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Easement to Purchaser, including
attorney's fees and costs as provided by Chapter 73, Florida Statutes.
Portions of the Easement that have been improved with landscaping, fencing
and signage, and which are damaged due to the construction and installation of
a sewer force main (hereinafter referred to as the "Proposed Improvements"),
will be restored, repaired or replaced by the Purchaser to the extent reasonably
necessary. In the event that any of the aforementioned improvements are
damaged to the point that "replacement" is reasonably necessary, Purchaser
may elect to replace the improvements or pay Owner a sum equivalent to the
cost of such replacement. This provision shall expire one (1) year from the date
construction of the Proposed Improvements commences.
Prior to Closing, 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. Owner shall provide such instruments, properly executed, to Purchaser
on or before the date of Closing.
Both parties agree that time is of the essence and Closing shall occur within
sixty (60) days from the date Purchaser executes this Agreement; provided,
however, that Purchaser shall have the unilateral right to extend the term of this
Easement Agreement
Page 2
10.
Agreement pending receipt of such instruments, properly executed, which either
remove, release or subordinate any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing,
Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the
conveyance instrument to Purchaser in a form acceptable to Purchaser.
Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
Owner represents that 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 Purchaser; 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 Purchaser, 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.
Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of
the breach of Owner's representation under Section 6. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible
taxes, and recording costs for any curative instruments shall be borne and paid
by Owner. Owner shall be responsible for paying any costs and/or fees
associated with securing and recording a Subordination, Consent & Joinder of
Easement of the mortgage(s) recorded against the property underlying the
Easement from the mortgagee(s). The cost of a title commitment shall be paid
by Purchaser.
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.
Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
Easement Agreement
Page 3
12.
11.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, 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
Purchaser, 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.)
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
this l°t-lA day of ~,br'uo.~1 ,2003.
Date Easement acquisition approved by BCC: September 24, 2002 Item #: 10 A
Res. 2002-416 CWS 2002-04
AS TO PURCHASER:
DATED: 2-[~. 1)~
ATTEST:'..,.,,. :,~,.,, ,,..,
DWIG~:'~.' BROO~, '61erk
AS TO O~ER:
DATED:
/Wit ness,~atu re.)
' Name: .~-~__ y'~?/~,0
(Print or Type)
V~itness (~;ignature)
(Print or Type)
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '~
CYPRESS POINT LIMITED PARTNERSHIP,
a Mississippi limited partnership
BCP Cypress Point LLC , a
Massachusetts limited liability company, its
G~ner
JT MaCManager
Approved as to form and
legal sufficiency:
Assistant County Attorney
SKETCH AND DESCRIPTION
OF A £0' UTILITY EASEMENT
IN BLOCK 152, GOLDEN GATE UNIT NO. 4, PART 1,
PLAT BOOK 9, PAGE 122, COLLIER COUNTY, FLORIDA
PROJECT
PARCEL qo~
FOLIO ~b'l~ Co~co~
EXHmrr_
SANTA BARBARA BOULEVARD
I -- 330 03'
CONTAINING 6333 SQ. FT.
BLOC~ 152
GOLDEN GATE UNIT NO. 4, PART 1
FOLIO No. 36180080008
OFFICIAL RECORDS BOOK 1811,
PAGE 2315
6O
0 50 60
SCALE ( m FEET )
1 inch = 60 ft.
THE WEST 20 FEET OF BLOCK 152. GOLDEN GATE UNIT NO. 4, PART 1, AS RECORDED IN PLAT BOOK 9, PAGE 122,
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
NOT VAL, D ~T~OUT THE S,GNATURE AND ORIGINAL ,A~SED
J^~S N. ~LK~SON (FOR THE ~,~ ~) S~L O~ ~ ~O,,~ UCE~S~ SU,V~O, ~ ~A~.
~,sq"~oxy oF ooz ~IS IS NOT A SURVEY
JE EY C. COONER AND ASSOCIA S, INC.
SUR~NG AND MAPPING
59~ COLONIAL BL~.. ~1~ 4, FORT M~S. ~ORIDA 55912
PH~E: (9~1)277-07~ FAX: (941)2~-7179 ~AI~ SUR~NG~OONER. COM
CUENT: GREEIF'Y HANSEN, LLC
PARCEL DESCRIP~ON:
20' U~LITY EASEMENT IN BLOCK
152, GG UNIT NO. 4, PART 1
BY: J.N.W.
SCALE: 1"=60'
DWG No: 020410SKD6
SHEET: 1 OF 1