Agenda 07/11/2017 Item #16A 307/11/2017
EXECUTIVE SUMMARY
Recommendation to approve three agreements for the purchase of easements required for the
construction of a weir on the Curry Canal just south of Immokalee Road. (Curry Canal Weir
Project No. 60205.) Estimated fiscal impact: $46,350.
OBJECTIVE: To acquire three easements needed to construct a weir on the Curry Canal.
CONSIDERATIONS: One construction access and maintenance easement and two construction,
drainage, access, and maintenance easements are needed from two property owners to construct this weir.
The purpose of the new weir is to help maintain dry season water levels in the lower reaches of the
Corkscrew Watershed and to facilitate water movement westward in the Cocohatchee Canal. This project
is being undertaken as part of the South Florida Water Management District’s (the District) obligation to
operate and maintain the Curry Canal under a Cooperative Agreement between the District (on behalf of
the Big Cypress Basin) and Collier County, dated October 13, 2000, as amended. Construction is
scheduled to commence in December 2017.
Compensation amounts to the various property owners are a function of the size of the easements, the
highest and best use of the properties and the costs of improvements and fence re-configurations on
certain parcels. The land values and associated costs have been reviewed by in-house real estate appraisal
staff and are deemed to be in-line with current market levels for the area. Staff is recommending that the
Board authorize the purchase of these easements at the prices listed below:
Parcel 103AME (Thomas J. Fontana): $ 6,000
Parcel 103DAME (Thomas J. Fontana): $ 34,000
Parcel 104DAME (JKK Zorrilla, LLC): $ 4,750
TOTAL $ 44,750
FISCAL IMPACT: The estimated fiscal impact associated with this item is $46,350 and includes the
aggregate negotiated purchase price of $44,750 plus recording and mortgage subordination fees estimated
not to exceed $1,600. Funds are available in Project No. 60205 within the Stormwater Capital
Improvement Fund 325. Source of funds is transfer from the General Fund (001) and Unincorporated
Capital Improvement Fund (111). The District has agreed to reimburse the County fully for all of the
costs of acquiring aforesaid easements and will also pay for all of the costs of constructing the weir. The
weir will be operated and maintained by the District under the Cooperative Agreement referenced above.
Therefore, the County will not incur any maintenance costs arising from this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and
policies of all applicable sections of the Stormwater Management and the Conservation and Coastal
Management elements of the Growth Management Plan.
RECOMMENDATION:
(1) Approve the attached three Easement Agreements (Parcels 103AME, 103DAME and 104DAME)
and authorize the Board’s Chairman to execute same on behalf of the Board;
(2) Accept the conveyance of Parcels 103AME, 103DAME and 104DAME to Collier County and
authorize the County Manager or his designee to record the conveyance instruments in the public
07/11/2017
records of Collier County, Florida;
(3) Authorize the payment of all costs and expenses necessary to close these transactions;
(4) Authorize the County Manager or his designee to take the necessary measures to ensure the
County’s performance in accordance with the terms and conditions of the agreements; and
(5) Authorize any and all budget amendments which may be required to carry out the collective will
of the Board.
Prepared by: Robert Bosch, Assistant. Manager, ROW Acquisition, Transportation Engineering Division,
Growth Management Department.
ATTACHMENT(S)
1. 103AME Agreement (PDF)
2. 103DAME Agreement (PDF)
3. 104DAME Agreement (PDF)
4. Easement Map (PDF)
5. SFWMD Coop. Agr. as amended (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 3250
Item Summary: Recommendation to approve three agreements for the purchase of easements
required for the construction of a weir on the Curry Canal just south of Immokalee Road. (Curry Canal
Weir Project No. 60205.) Estimated fiscal impact: $46,350.
Meeting Date: 07/11/2017
Prepared by:
Title: Operations Analyst, Senior – Transportation Engineering
Name: Robert Bosch
05/30/2017 9:31 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
05/30/2017 9:31 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 05/30/2017 10:32 AM
Road Maintenance Travis Gossard Additional Reviewer Completed 05/31/2017 8:16 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/31/2017 10:59 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/01/2017 8:40 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/01/2017 1:15 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 06/12/2017 10:57 AM
Growth Management Department Gene Shue Additional Reviewer Completed 06/12/2017 11:56 AM
Growth Management Operations Support Robert Bosch Additional Reviewer Skipped 06/12/2017 12:03 PM
Growth Management Department Robert Bosch Level 2 Division Administrator Skipped 05/23/2017 9:58 AM
Growth Management Department James French Additional Reviewer Completed 06/14/2017 3:43 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/19/2017 5:04 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 7:34 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 9:48 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2017 10:30 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/01/2017 12:57 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
PROJECT: 60205 - Curry Canal Weir
PARCEL(s): 103AME
FOLIO(s): Portion of 00212720000
CONSTRUCTION, ACCESS AND MAINTENANCE EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of '2017, by and between
THOMAS J. FONTANA, whose mailing address is 3975 5 thAve. NW, Naples, FL 34119
(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 construction, access and
maintenance easement to enter upon and use the real property described in Exhibit "A",
which is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement") for any and all purposes deemed by County to be necessary, convenient,
incident to, or in connection with constructing, operating, maintaining and utilizing a
stabilized access and maintenance path capable of providing access for vehicles and
equipment for purposes of access, ingress and egress to, and construction and
maintenance of, drainage facilities within the drainage easement immediately adjacent
thereto; and
WHEREAS, It is contemplated that County will utilize contractors, subcontractors,
employees, and will utilize other governmental entities, including but not limited to the
South Florida Water Management District and its contractors, subcontractors and
employees, in connection with County's exercise of the interests, rights, privileges, and
powers conveyed and granted to County under this 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, 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:
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 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.
Page 2
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) Construction, Drainage, Access and Maintenance 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 (99) days of the date of
execution of this Agreement or within thirty (39) 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 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. ACCESS DURING CONSTRUCTION — County and the South Florida Water
Management District shall ensure that Owner's access with a vehicle and horse trailer
across the Easement to and from that portion of Maverick Lane lying south of the
Easement is at all times maintained upon a stabilized access throughway.
OCAO
Page 3
7. 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.
S. 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
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
Page 4
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County and the South Florida Water Management District 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.
16. 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 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."
11. 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.
12. 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.
13. 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.)
14. 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.
15. 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
Page 5
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.
16. 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.
17. 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:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED: --/ 1 e LQ 1
Witness (Signature)
Vr[
Name (Print or TW6�0_&
ype)
YY
f"A&
Witness (Signature)
'60
�o►'I12c[ L T LC
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
Last Revised: 0811116
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
THOMAS J. f ONTANA
Tract No. TS100.003
PARCEL 103AE: PERPETUAL, NON-EXCLUSIVE CONSTRUCTION,
ACCESS AND MAINTENANCE EASEMENT
A tract of land in Section 29, Township 48 South, Range 77 East being described as follows:
The South 55 feet of the North 234.18 feet of the West 43.76 feet of the East 60 feet of said Section
29.
The above described parcel of land contains 0.06 of an acre more or less.
EXHIBIT
This description is not valid unless accompanied by the description sketch
THIS DRAWING SET
DOES NOT REPRESENT A SURVEY
COLLIER COUNTY, FLORIDA
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
TECM - RO'�,' INFRASTRUCTURE MANAGEMENT BUREAU
SURVEY & MAPPING SECTION
MAR Q 9 2017 P.O. BOX 24680, 3301 GUN CLUB ROAD
WEST PALM BEACH, FLORIDA 33416-4680
Tract TSIOO---043
DRAWN CHECKED DATE SCALE ORAMNG NUMBER I SHEET
H. E. R.K. I 27FE817 N/A I TS100-001 I 1 of 2
IRA
CT153
ROAD RIGH CF WAY
{ORS 3292 rAGE 120
PER NQ E 1 }
20 "RtGHT
29
ri
JTHERI_Y RIGHT)
WAY UNE OF
IOKALEE ROAD
_R NOTE 1)
TRACT
TS100-003
0.08 ACRES *
k V
W
SECTION 29
WNSHIP 48 SOUTH
RANGE 27 EAST
CERTIFICATION:
I Hereby CERTIFY 'hat this description meets the applicable
STANDARDS +7 PRACTICE FOR SURVEYS set forth by the
FLORIDA BOARD OF SUF)IFYORS AND MAPPERS in Chapter
5J-17, FLORIO, ADMINiSTRAYIVE CODE, PURSUANT TO
SECTION 472,427. FLORIDA STATE STATUTES.
NO SFARCYPF THE PUBLIC REQORDSphos been
made bre- hfs office. ■ rl
OVAH J. EHMYE N.
SiONAL SURVEYOR .AIND MAPPER
FLORIDA CERTIFICATE NO. 4191
I
NORTHLIE TRACT 8
ginammmom
IMMOKALEE ROAD 0 50
- RIGHT OF WAY INTENDED DISPLAY SCALE
(ORB 4631 PAGE 3240 SCALE IN U -S, SURVEY FEET
PER NOTE 1) 1" = 50'
SOUTHERLY RIGHT OF WAY
LINE - NOTELr1 ) 17 ROAD
Aim. ahkkagli&
1 SECTION 28
TOWNSHIP 48 SOUTH
RANGE 27 EAST
TRACT 8
GOLDEN GATE ESTATES a�
UNIT No. 20 '
+ PLAT BOOK 7 PAGE 79 ,
COLLIER COUNTY FLORIDA �. I
PUBLIC RECORDS��
A% ;.
Section Gamer r •, r'{
ORB = OFFICIAL RECORDS BOOK R
- i
f
�= Tract NOL TSIOO--003
SURVFYOR'S NATE:
1. THE SOUTHERLY ROAD RIGHT OF WAY LINE REFERS TO THE RIGHT
OF WAY MAPS OF IMMOKALEE ROAD -S.R. 846) PREPARED BY
WILSON MILLER FOR COLLIER COUNTY DEPARTMENT OF
TRANSPORTATION FILE NO- IH -11, PROJECT NO.
04014-000 -000-BGOOI. SHEET 9 OF 18), LAST REVISION 1103.
2. IN ORB 3138 PAGE 2970, THE PARCEL IN THE SKETCH
(SUPPORTED BY THE RIGHT OF WAY MAP 1N NOTE 1) WAS HELD,
P J. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL.
OF THE FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING,
-t SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY,
AND IS NOT VALID.
4. AERIAL IMAGE FOR INFORMATION PURPOSES ONLY
THIS DRAWING SET
DOES NOT REPRESEIVT A SUR VEY
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
INFRASTRUCTURE MANAGEMENT BUREAU
SURVEY & MAPPING SECTION
P,O, BOX 24680, 3301 GUN CLUB ROAD
WEST PALM BEACH, FLORIDA 33416-4680
a.9u—llt TS100-043
DRAWN CHECKED ❑ATESCALE DRAWING NUMBER I SHEET
H. E. R.K. 27FE817 N/A I TSI OO -001 1 20F
PROJECT: 60205 - Curry Canal Weir
PARCEL(s): 103 DAME
FOLIO(s): Portion of 00212720000
CONSTRUCTION, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2017, by and between
THOMAS J. FONTANA, whose mailing address is 3975 51Ave. NW, Naples, FL 34119
(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 construction, drainage,
access and maintenance easement to enter upon and use the real property described in
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement") for any and all purposes deemed by County to be
necessary, convenient, incident to, or in connection with 1) constructing, operating,
maintaining and utilizing a stabilized access and maintenance path capable of providing
access for vehicles and equipment for purposes of access, ingress and egress to, and
construction and maintenance of, drainage facilities within the Easement and the drainage
easement immediately adjacent thereto, and 2) canal excavation and realignment,
constructing, operating and maintaining a weir and related facilities, including but not
limited to the following: (i) grubbing and removal of vegetation, trees and encroachments;
(ii) construction staging; (iii) construction activities and operation of construction
equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi)
construction, operation and maintenance of new permanent structures and improvements;
(vii) transporting and storing construction equipment, materials, fill, vehicles and supplies
(viii) access, ingress and egress; and
WHEREAS, It is contemplated that County will utilize contractors, subcontractors,
employees, and will utilize other governmental entities, including but not limited to the
South Florida Water Management District and its contractors, subcontractors and
employees, in connection with County's exercise of the interests, rights, privileges, and
powers conveyed and granted to County under this 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. 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:
$34,000
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 irrigation system and other
ICAO
Page 2
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. 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) Construction, Drainage, Access and Maintenance 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 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.
Page 3
6. ACCESS DURING CONSTRUCTION — County and the South Florida Water
Management District shall ensure that Owner's access with a vehicle and horse trailer
across the Easement to and from that portion of Maverick Lane lying immediately
south of the Easement is at all times maintained upon a stabilized access
throughway,
7. 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.
8. 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
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
CAa
Page 4
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.
9. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County and the South Florida Water Management District 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.
10. 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 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."
11. 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.
12, 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.
13. 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.)
14. 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.
Page 5
15. 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.
16. 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.
17. 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:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
DATED: Z/ d 2c 17
Witness (Signature)
Lf\L" 6 CJ V C \ zSz.
Na a (Print or Type)
Witness (Signature)
u P
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
An
PENNY TAYLOR, CHAIRMAN
-�'z 77 -
THOMAS/. FONTANA
Tract No. TS 100-001
PARCEL 103DAME: PERPETUAL, NDN -EXCLUSIVE CONSTRUCTION,
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
A tract of land in Section 29, Township 48 South, Range 27 East toeing described as follows:
All that part of the East 50 feet of the North 425 feet of the North one-half (N%) of the
Northeast one-quarter (NEX), of the Northeast one-quarter (NEX) of said Section 29 lying
Southerly of Road right of way Parcel No. 153 as recorded in Official Records Book 3292,
page 120 and Road right of way Parcel No. 154 as recorded in Official Records Book 3138
page 2970 all in Collier County, Florida Public Records.
Less However, The South 55 feet of the North 234.18 feet of the West 43.76 feet of the East 60 feet
of said Section 29.
The above described parcel of land contains 0.28 of an acre more or less.
This description is not valid unless accompanied by the description sketch
TEAS DRA WING SET
DOES NOT REPRESENT A SURVEY
COLLIER COUNTY, FLORIDA
T'ECM - ROW SOUTH FLORIDA WATER MANAGEMENT DISTRICT
INFRASTRUCTURE MANAGEMENT BUREAU
MAR0�i7 SURVEY & MAPPING SECTION
P.O. BOX 24680, 3301 GUN CLUB ROAD
WEST PALM BEACH, ELORiDA 33416-4680
Tract TSI00--001
Permanent Easement
DRAWN CHECKED❑ATE SCALE DRAWING NUMBER I SHEET
H.E. R.K. 13JAN17 N/A I TS100--001 1 1 of ,
20 21
SECTION LINE
5ECT101S LINE 29 28
0
IMMOKALEE ROAD o
RIGHT OF WAY
n
0
NORTH LINE TRACT 8
30'
o
IMMOKALEE ROAD 0 50
N
RIGHT OF WAY INTENDED DISPLAY SCALE
TRAC 153 W N
(ORB 4631 PAGE 3240 SCALE IN U.S. SURVEY FEET
cp O W rn
CS ROAD RfG OF WAY �2 i rn
PER NOTE 1 1" = 50'
(ORB 3292 PAGE 120 a30.o
-
PER N 7E )m H
SOUTHERLY RIGIiT OF WAY
a
LINE OF 11,IIOKALEE ROAD-.:;:... .
o
(PER NOTE 1)
..
Wad
F
F..
SOUTHERLY RIGHT G F
UNE OFr a "� " ❑
'
F WAY 5S7 y� p W . a u� y_
IMMOKALEE ROAD u1 .n N z m 6 v
r-
4
�'*
.
n
(PER NOTE 1) w w W
'a-z
SECTION 28
N
AM
TOWNSHIP 48 SOUTH
RANGE 27 EAST'-:
•�
C-4 43.76'
r
60'
TRACY 8
GOLDEN GATE ESTATES
UNIT No. 20
PLAT BOOK 7 PAGE 79 >F
ao
COLLIER COUNTY FLORIDA
`+t •�
PUBLIC RECORDSCn
y�
�� _
LEGEND
E- d
Section Corner
z
a
U cc o ¢
' 01(b = OFFICIAL RkCORDS. BOOK
`^
®=
C4
Permanent Easement
E-
s
SURVI-YOWS NOTE:
K c
t. THE SOUTHERLY ROAD RIGHT OF WAY LINE REFERS TO THE RIGHT
uj
OF WAY MAPS OF ImMOKALEE ROAD —S.R. 846) PREPARED BY
WILSON MILLER FOR COLLIER COUNTY DEPARTMENT OF
TRANSPORTATION FILE NO. 1H-11, PROJECT NO-
04014-000-000—BG7701, STET 9 Of 18], LAST REVISION 1/03.
2. IN ORB 3138 PAGE 2970, THE PARCEL IN THE SKETCH
(SUPPORTED BY THE RIGHT OF WAY MAP IN NOTE 1) WAS HELD,
3- UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF THE FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING,
dy,•. SKETCH, PLAT OR WAP IS FOR INFORMATIONAL PURPOSES ONLY,
AND IS NOT VALID.
4. AERIAL IMAGE FOR INFORMATION PURPOSES ONLY
SECTION 29
TOWNSHIP 48 SOUTH
RANGE 27 EAST
TH7.S ORA WZ NG SET
DOES NOT REPRESENT SURVEY
C•L R1 I FICATI0N:
RIDA WATER MANAGEMENT DISTRICT
SOUTH;INFLROA
I Hereby CERTIFY that this description meets the applicable
STANDARDS OF PPACT.ICE FOR SURVEYS set forth by the
STRUCTURE MANAGEMENT BUREAU
FLORIDA BOARD OF SURVFYoa, AND MAPPERS in Chapter
URVEY & MAPPING SECTION
5J-17, FLORIDA ADMIMSTRATNE CODE, PURSUANT TO
O. BOX 24680, 3301 GUN CLUB ROAD
SECTIOL227 IDA ;TATE STATUTES.
ST PALM BEACH, FLORIDA 33416--4680
NO SEABLIC RE GRD has been
Lipw
Tract TSIOO-UDI
made
{aa
Permanent Easement
HJ. E HWKE H.
DRAWN
SCALE
DRAWING NUMBER
SHEET
P OFLSSONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 4191
ICHECKMIDATE
H. E.
R. K. I 13JAN 17
IV A
TS100— 001
20F
PROJECT: 602D5 - Curry Canal Weir
PARCEL(s). 104DAME
FOLI O(s): 37590320041
CONSTRUCTION, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 140 day of P __ 2017, by and between
JKK ZORRILLA, LLC, a Florida limited liability coAripany, whose mailing address is
5621 Whisperwood Blvd, 901, Naples, FL 34110 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3299 Tamiami Trail East, clo the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual non-exclusive construction, drainage,
access and maintenance easement to enter upon and use the real property described in
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement") for any and all purposes deemed by County to be
necessary, convenient, incident to, or in connection with 1) constructing, operating,
maintaining and utilizing a stabilized access and maintenance path capable of providing
access for vehicles and equipment for purposes of access; ingress and egress to, and
construction and maintenance of, drainage facilities within the Easement and the drainage
easement immediately adjacent thereto, and 2y canal excavation and realignment,
constructing. operating and maintaining a weir and related facilities, including but not
limited to the following: (i) grubbing and removal of vegetation, trees and encroachments;
(ii) construction staging; (iii) construction activities and operation of construction
equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi)
construction, operation and maintenance of new permanent structures and improvements;
(vii) transporting and storing construction equipment, materials, till, vehicles and supplies
(viii) access, ingress and egress; and
WHEREAS, It is contemplated that County will utilize contractors, subcontractors,
employees, and will utilize other governmental entities, including but not limited to the
South Florida Water Management District and its contractors, subcontractors and
employees, in connection with County's exercise of the interests, rights, privileges, and
powers conveyed and granted to County under this 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:
Page 2
i. 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:
$4,750.00
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 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. 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 Collies
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) Construction, Drainage, Access and Maintenance 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.
Page 3
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 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.
Page 4
{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 Owners 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.
(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 physica[ 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 sha€l survive Closing and is not
deemed satisfied by conveyance of title.
Page 5
8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County and the South Florida Water Management District 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 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."
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,
"CAU
Page 6
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.
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:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk PENNY TAYLOR, CHAIRMAN
0
TO OWNER:
Witness (Signature)
T6ku C� f� 1�4fu
Name (Print or Type)
Witness (Signature)
rhl,,el,,s C�_dAkt,1---j
Name (Print or Type)
Approved as to farm and legality:
elA
Assistant County Attorney
Last Revised- 0$.!9116
JKK ZORRILLA, LLC, a Florida limited
liability company
Page 7
cor�r
Tract No. TS100-002
Permanent Easement
A tract of land in Section 28, Township 48 South, Range 27 East being described as follows:
All That part of the East 25 feet of the West 95 feet of the North 300 feet of Tract 8 Golden
Gate Estates Unit No. 20 as recorded in Plat Book 7 page 79 Collier County Florida Public
Records, lying Southerly of Tract 155 as Recorded in Official Records Book 4631 page 3240
Collier County, Florida Public Records.
The above described parcel of land contains 0.12 acres more or less.
EXHIBIT
Page—Lof a
This description is not valid unless accompanied by the description sketch
THIS DRA WING SET
DOES NOT REPRESENT A SURVEY
COLLIER COUI Y, FLORIDA
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
INFRASTRUCTURE MANAGEMENT BUREAU
SURVEY & MAPPING SECTION
P 0. BOX 24680, 3301 GUN CLUB ROAD
1kEST PALM BEACH. FLORIDA 33416-4680
Tract TSIOO-00.2
Permanent Easement
DRAWN CHECKEDDATE SCALE DRAWING NUMBER SHEET
H -E. R. K, 13JAN17 1 N/A TS 00-002 1 1 or 2
CNO
217 21
SECTlOPT LINE
SECTION LINE 29 28
;MMOKALEE ROAD a
a
RIGHT OF WAY
TRACT 153
ROAD
RIGHT OF WAY
(ORB 3292
PAGE 120)
SOUTHERLY
ARIGHT OF WAY
LINE OF
IMMOKALEE ROAD
SECTION 29
TOWNSHIP 48 SOUTH
RANGE 27 EAST
70'
TyORTi { LtNE TRACT 8
IMMOKALEE ROAD
TRACT 155
RIGHT OF WAY
(DIRg 4631 PAGE 3240)
Y
SECTION 28
TOWNSHIP 48 SOUTH
RANGE 27 EAST
TRACT 8
GOLDEN GATE ESTATES
UNIT Na. 20
PLAT BOOK 7 PAGE 79
COLLIER COUNTY FLORIDA
PUBLIC RECORDS
0 50
INTENDED DISPLAY SCALE
SCALE IN US. SURVEY FEET
1"=50'
EXHIBIT
Page -0'\.I
LEGEND
Section Comer
ORB = OFFICIAL RECORDS BOOK (COLLIER
COUNTY FLORIDA PUBLIC RECORDS)
® = Permanent Easement
SURVEYOR'S NOTE -
1. UNLESS IT BEARS THE SKONATURE AND THE ORIGINAL RAISED
SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER,
THIS DRAWING, SKETCH, PIAT OR MAP IS FOR INFORMATIONAL
PURPOSES ONLY, AND IS NOT VALID.
2, AERIAL IMAGE FOR INFORMATION PURPOSES ONLY
THIS DRAWING SET
DUES NOT REPRESENT A SURVEY
('011 IFR CY71INTY. FlOPIDA
.l
CI R-11FICA-I ION:
E
z
N
w
�
�
d
d
C%]
z
0
SECTION •172..427, FLORIDA STATE STATUTES,
CQ
0
O
NO SEARCH OF THE W8LIC RECOROgi has been
mode by Lids office.
o
Tract 7SIOO-002
Permanent Easement
7
TyORTi { LtNE TRACT 8
IMMOKALEE ROAD
TRACT 155
RIGHT OF WAY
(DIRg 4631 PAGE 3240)
Y
SECTION 28
TOWNSHIP 48 SOUTH
RANGE 27 EAST
TRACT 8
GOLDEN GATE ESTATES
UNIT Na. 20
PLAT BOOK 7 PAGE 79
COLLIER COUNTY FLORIDA
PUBLIC RECORDS
0 50
INTENDED DISPLAY SCALE
SCALE IN US. SURVEY FEET
1"=50'
EXHIBIT
Page -0'\.I
LEGEND
Section Comer
ORB = OFFICIAL RECORDS BOOK (COLLIER
COUNTY FLORIDA PUBLIC RECORDS)
® = Permanent Easement
SURVEYOR'S NOTE -
1. UNLESS IT BEARS THE SKONATURE AND THE ORIGINAL RAISED
SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER,
THIS DRAWING, SKETCH, PIAT OR MAP IS FOR INFORMATIONAL
PURPOSES ONLY, AND IS NOT VALID.
2, AERIAL IMAGE FOR INFORMATION PURPOSES ONLY
THIS DRAWING SET
DUES NOT REPRESENT A SURVEY
('011 IFR CY71INTY. FlOPIDA
.l
CI R-11FICA-I ION:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
I Hereby CERTIFY that this description meets the applicable
STANDARDS OF PRACTICE FOR SURVEYS set forth by the
INFRASTRUCTURE MANAGEMENT BUREAU
FLORIDA BOARD OF SIRV17YORS AND MAPPERS in Chapter
SURVEY & MAPPING SECTION
5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
P,O, BOY 24680, 3301 GUN CLUB ROAD
SECTION •172..427, FLORIDA STATE STATUTES,
WEST PALM BEACH, FLORIDA 33416--4680
NO SEARCH OF THE W8LIC RECOROgi has been
mode by Lids office.
Date. of S'nature
9 747 � �} +- — ---
Tract 7SIOO-002
Permanent Easement
-_ ------------
J. FHMKEf 9,
PROFESSIONAL SURVEYOR AND MAPPER
DRAWN ICHECKED
I DATE
SCALE
C1RAVANG NUMBER
SHEET
FLORIDACEFTIFICATE NO. 4!91
KE I R.K.
123JAN171
P
I TSIOO-002
20F 2
am,
EASEMENT MAP – NOT TO SCALE
(CURRY CANAL WEIR PROJECT NO. 60205)
-
PARCEL 104DAME
PARCEL 103AME
PARCEL 103DAME
NEW WEIR
Receipt# 007223080
2/15/2012 8:29: 50 AM
t o :.,, Dwight E. Brock
1 Clerk of the Circuit Court
Iri
Customer Deputy Clerk Clerk Office Location
INTEROFFICE Katrish A Pugh Collier County Govt. Center
CLERK TO THE BOARD Katrish.Pugh @CollierClerk.com Building LA, 2nd Floor
3299 TAMIAMI TRL E STE 401 (239) 252 -7242 3315 Tamiami Trl E Ste 102
NAPLES, FL 34112 Naples, Florida 34112 -4901
1 Document Recorded
DOC TYPE INSTRUMENT BOOK PAGE AMOUNT
Amendment 4658118 4765 77 $180.00
TOTAL AMOUNT DUE $180.00
Clerk Account #: BCC ($180.00)
BALANCE DUE $0.00
Note:
2/ 15/2012 8:29:50 AM Katrish A Pugh: Recording requested by Teresa Polaski /Mins & Recs. Charge BCC Acct #325-
172940- 51144.
Disclaimer: All transactions are subject to review /verification. The Clerk reserves the right to correct for clerical errors and to
assess or refund charges as needed.
Page 1 of 1
THIRD AMENDMENT TO
COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS THIRD AMENDMENT TO COOPERATIVE AGREEMENT (C- 11759) BETWEEN
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND COLLIER COUNTY, FLORIDA ( "Third Amendment "), is entered into as of the
day of ' ! , 2012 by and between SOUTH FLORIDA WATER
MANAGEMENT DI TRICT, a government entity created by Chapter 373, Florida
Statutes (hereinafter referred to as "DISTRICT "), and COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter referred to as "COUNTY ").
WITNESSETH:
WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative
Agreement dated October 13, 2000, designated by the District as Contract C -11759 (the
Original Agreement ");
WHEREAS, pursuant to that certain First Amendment to Cooperative Agreement
C- 11759) Between the South Florida Water Management District and Collier County
Florida dated February 10, 2011 ( "First Amendment "), DISTRICT and COUNTY agreed
to prevent the Original Agreement from lapsing and terminating, in accordance with
paragraph 1 of the Agreement, by agreeing to an extension of the termination date set
forth in the Original Agreement from February 28, 2011 to May 31, 2011;
WHEREAS, pursuant to that certain Second Amendment to Cooperative
Agreement (C- 11759) Between the South Florida Water Management District and
Collier County Florida dated May 10th 2011 ( "Second Amendment "), DISTRICT and
COUNTY further extended the termination date of the Agreement from May 31, 2011 to
September 30, 2012 (the Original Agreement as modified, amended and extended by
the First Amendment and the Second Amendment is herein referred to as the
Agreement');
WHEREAS, DISTRICT and COUNTY desire to further extend the termination
date of the Agreement from September 30, 2012 to September 30, 2024, and to modify
the provisions relating to termination;
WHEREA, DISTRICT and COUNTY desire to modify and amend the Agreement
to provide specific special terms, conditions and provisions with respect to the C -1
Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way
and portions of the Miller Canal Right of Way; and
WHEREAS, the defined terms in this Third Amendment shall have the same
definitions as defined in the Agreement;
INSTR 4658118 OR 4765 PG 77
RECORDED 2/15/2012 8:29 AM PAGES 21
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $180.00
NOW THEREFORE for good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, DISTRICT and COUNTY hereby agree to
modify, amend and extend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Paragraph 1 of the Agreement is hereby modified, amended and replaced
with the following:
1. Unless extended or earlier terminated, this AGREEMENT
shall continue until September 30, 2024, and may be renewed upon
mutual agreement of the parties. Each party shall provide notice of
its intent to renew or not renew this AGREEMENT to the other
party on or before September 1, 2023. In the event that the parties
do not mutually agree to an extended renewal period, this
AGREEMENT shall automatically lapse, terminate, and expire on
September 30, 2024. Subject to the terms, conditions and
provisions of this AGREEMENT the DISTRICT shall be the public
agency in Collier County, Florida generally responsible for the
control, operation and maintenance of the watercourses listed in
Exhibit "A ", and depicted on Exhibit "B ", both of which are attached
hereto and made a part of this AGREEMENT, (except as set forth
in paragraph 3 of this Third Amendment). In the event either party
decides not to renew this AGREEMENT, DISTRICT agrees to
assist COUNTY to transition into the operation and maintenance of
the watercourses which are the subject of the AGREEMENT.
3. Notwithstanding anything contained in the Agreement, or this Third
Amendment to the contrary, DISTRICT and COUNTY hereby agree to the following
specific special terms, conditions, and provisions applicable to the C -1 Connector Canal
Right of Way, portions of the Golden Gate Main Canal Right of Way and portions of the
Miller Canal Right of Way:
a. C -1 Connector Canal Right of Way. A strip of land in Sections 11 and
12, Township 49 South, Range 27 East, Collier County, Florida, generally
depicted on Schedule 1" attached hereto and made a part hereof, and more
particularly described as follows:
All that drainage easement, 60 feet in width, commonly referred to
as "C -1 Connector Canal Right of Way ", lying along the South lines
of Golden Gate Estates Unit No. 48, Plat Book 5, Page 78 and
Golden Gate Estates, Unit No. 51, Plat Book 5, Page 84. All plats
recorded in Collier County, Florida, Public Records. (Hereinafter
referred to as the "C -1 Connector Canal Right of Way ").
1) DISTRICT hereby transfers all of its right, title, interest and
control in the C -1 Connector Canal Right of Way to COUNTY.
2) The DISTRICT will "Un- adopt" the C -1 Connector Canal Right of
Way as a "Work of the District ", upon which the C -1 Connector Canal Right of
Way shall no longer be subject to the provisions of Chapter 40E -6 of the Florida
Administrative Code, and the DISTRICT shall no longer have jurisdictional
authority over permitting and authorizing uses of the C -1 Connector Canal Right
of Way.
3) Upon passing a resolution "Un- adopting" the C -1 Connector
Canal Right of Way as a "Work of the District ", DISTRICT Right of Way Permit
No. 10267 in favor of the School District of Collier County concerning a culvert
bridge crossing across the CA Connector Canal Right of Way shall be void and
have no further force or effect. In addition, the culvert bridge crossings across
the C-1 Connector Canal Right of Way located at the southern terminus of 10tH
18tH 20tH and 22 "d Streets Southeast shall be considered pre- existing non-
conforming structures and shall be allowed to remain in their current location and
condition until such time that: (a) the affected property owners desire to upgrade
the crossing(s), or (b) the condition of the crossing(s) deteriorates to an
unacceptable level as determined by the COUNTY and requires replacement.
Upon the occurrence of either condition (a) or condition (b) referenced in the
preceding sentence, the modification, replacement and /or reconstruction shall
conform to the COUNTY's Right of Way permitting criteria applicable at the time
of such modification, replacement and /or reconstruction, and shall accommodate
a flowage capacity of at least 250 cfs.
4) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the C -1 Connector Canal Right of
Way, including but not limited to authorizing vehicular crossings and authorizing
vehicular use of the overbank areas. COUNTY agrees that it will not authorize
any new uses with respect to the C -1 Connector Canal Right of Way which do
not accommodate a flowage capacity of at least 250 cfs. COUNTY agrees to
notify the DISTRICT of all uses authorized by the COUNTY with respect to the C-
1 Connector Canal Right of Way.
5) With respect to the C -1 Connector Canal, the DISTRICT agrees
to continue to provide: (i) aquatic plant control, (ii) maintenance shoal removal,
and (iii) canal side bank maintenance (if operation of the system is impaired), to
the extent the performance of such maintenance is reasonably practical and
does not conflict with uses authorized by the COUNTY. The COUNTY shall be
responsible for removing flow obstructions not authorized by the COUNTY.
6) The DISTRICT agrees to notify the COUNTY of any uses or
flow obstructions with respect to the C -1 Connector Canal Right of Way which
impede the DISTRICT'S ability to perform the maintenance referenced in the first
sentence of subparagraph (5) above or which is inconsistent with the flowage
capacity criteria specified in subparagraphs (3) and (4) above.
7) In order to perform the maintenance activities referenced in
subparagraph (5) above, the DISTRICT shall have the right of access, ingress
and egress with respect to the C -1 Connector Canal Right of Way.
b. Portion of Golden Gate Main Canal Right of Way. A strip of land in
Sections 10 and 11, Township 49 South, Range 27 East, Collier County, Florida,
generally depicted on Schedule 1" attached hereto and made a part hereof, and
more particularly described as follows:
All that part of a drainage easement, 140 feet in width commonly
referred to as "Golden Gate Main Canal
Right of Way ", lying North of the South line of Golden Gate Estates
Unit 13, Plat Book 7, Page 72, Collier County Florida Public
Records and South of the South top of bank of said Golden Gate
Main Canal. (Hereinafter referred to as the "Golden Gate Main
South Overbank").
1) DISTRICT hereby transfers all of its right, title, interest and
control in the Golden Gate Main South Overbank to COUNTY.
2) The DISTRICT will "Un- adopt" the Golden Gate Main South
Overbank as a "Work of the District ", upon which the Golden Gate Main South
Overbank shall no longer be subject to the provisions of Chapter 40E -6 of the
Florida Administrative Code, and the DISTRICT shall no longer have
jurisdictional authority over permitting and authorizing uses of the Golden Gate
Main South Overbank.
3) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the Golden Gate Main South
Overbank, including but not limited to authorizing vehicular use of the Golden
Gate Main South Overbank.
4) DISTRICT shall have no maintenance obligations with respect
to the Golden Gate Main South Overbank.
5) DISTRICT shall have the right of access, ingress and egress
with respect to the Golden Gate Main South Overbank.
c. Portion of Miller Canal Right of Way. A strip of land in Section 12,
Township 49 South, Range 27 East and Sections 7, 18, 19 and 30 Township 49
South, Range 28 East, Collier County, Florida, generally depicted on Schedule
1" attached hereto and made a part hereof, and more particularly described as
follows:
All that part of a drainage easement 95 feet in width, commonly
referred to as "Miller Canal Right of Way ", lying North of the South
lines of Golden Gate Estates, Unit 51, Plat Book 5, Page 84 and
Golden Gate Estates, Unit 82, Plat Book 5, Page 21 and South of
the South top of bank of said Miller Canal.
Together With;
All that part of said drainage easement lying East of the West lines
of said Golden Gate Estates, Unit No.82, Golden Gates Estates,
Unit No. 87, Plat Book 5, Page 26, and Golden Gate Estates, Unit
No. 88, Plat Book 5, Page 27and West of the West top of bank of
said Miller Canal and North of the South line of 28th Avenue SE. All
plats recorded in Collier County, Florida, Public Records.
Hereinafter referred to as the "Miller Canal South/West
Overbank").
1) DISTRICT hereby transfers all of its right, title, interest and
control in the Miller Canal South/West Overbank to COUNTY.
2) The DISTRICT will "Un- adopt" the Miller Canal South/West
Overbank as a "Work of the District ", upon which the Miller Canal South/West
Overbank shall no longer be subject to the provisions of Chapter 40E -6 of the
Florida Administrative Code, and the DISTRICT shall no longer have
jurisdictional authority over permitting and authorizing uses of the Miller Canal
South/West Overbank.
3) COUNTY shall have full authority, control and jurisdiction with
respect to authorizing uses with respect to the Miller Canal South/West
Overbank, including but not limited to authorizing vehicular use of the Miller
Canal South/West Overbank.
4) DISTRICT shall have no maintenance obligations with respect
to the Miller Canal South/West Overbank.
5) DISTRICT shall have the right of access, ingress and egress
with respect to the Miller Canal South/West Overbank.
4. The following provision is hereby added as paragraph 29. to the
Agreement:
29. Notwithstanding anything to the contrary, either party to this
Agreement shall have the right to terminate this Agreement for any reason
and upon such termination, all right, title, interest, control, operation and
maintenance of the watercourses /canal rights of way, together with all
structures, as set forth in Exhibit "A" to this Agreement, and as modified by
any supplement thereto ( "Works and Structures "), shall be relinquished
and transferred to the County. The party exercising the termination option
shall give to the other party written notice that the Works and Structures
are to be transferred to the County. In order to coincide with the budget
year, unless otherwise agreed to, final transfer and termination of this
Agreement shall be effective the second October 1St following receipt of
the notice of termination. In the event of such termination, both parties
shall be relieved of any and all future obligations under this Agreement as
of the effective date of the termination, including but not limited to, lost
revenues and consequential damages.
5. The Agreement, as modified, amended and extended by this Third
Amendment is hereby ratified, confirmed and shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals as of the date and year first above written.
ATTEST:
Seal) . ` 3 A `y ry
co
SEAL
b h96
ATTE$oT: P
b
A o rm and legal sufficiency:
Jeffre . `latzkow
County ttorney
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
By: /
I
Its (; LLG `'I'yi
R
Executed by DISTRICT on:
COLLIER COUNTY, FLORIDA
By:
W .
Its CtAtrz-mAn of %tAG BoA(L-C>
Executed by COUNTY on: u ZatZ
aarwaua>Fe . -a.
va •fi.r...6= ''mar,_
fAl
F
y
s .
A
F "eF
r r aI BCB C -1 CO]
iI ' i1
e
s i
armawrtwu
a
h
r
4m, IF
I
ti, z
JOYH. ST. S. E
410, .
f
E
x.
iy
F
y
s .
A
F "eF
r r aI BCB C -1 CO]
iI ' i1
e
s i
armawrtwu
a
h
r
4m, IF
I
ti, z
JOYH. ST. S. E
410, .
f
E
x.
td, z *
it I • .;fir,
CA
j° •.. '.
w },.. _
4
Oi •
vj
y, ri'. •zl Y sl , •yi'j 'sue
py
1 ,j • i'
R
s *
r
I
a:
Coo)
20fiH Si. S
j •, waxMuMEiem
26 V
1 jl'
yti Wit, ,
iF i r t,- ".;.
t, .
i •.(.Y v
d i .s
V r BCB C -1 CONNECTOR CANAL A
1
kO iv
F 7 4
a .,fit
Or
iiy . f -fir
t r
m O
jF
CD
Co
cn
RS
T•F -.. ...: f t oaf' -_ " St -'' 3 ..' :. 63
J' <
e'er
4 ,r' '
iF. ',. A X, • ¢, • 7
3m'r ire •+ . ''_ . -Y [
3 N
2745 -W
a ,
HoN°2T46Nv d62.E6'IM) Is
a All;
WO
I ,
s kr Y
j
u
ij t: . •i a _ I ;. =:`~M0. # `' ''
t?-y
4w
oo
aw
v BCB C -1 CONNECTOR CANAL
a
A
i i i
ego a nny r rlwllesr sr
A'
i C` a s k
t,
b r,
ta`pzr .5,:.: , t . <` Ir . ti `
i '• '°+
f ,
s.
r,
r s ° ' ` v F to •
o- e
i,.
w.t -
y _.
Q 'i ' gyp? ` a- :.+
F`
yp E:• q/+ r 'ya`,
it
k F `t
d l•%
OZ
j.S4"t
irAq
z
A r
V
m
m
O
T
Cn
r
6$1
MILLER CI
0
w
be
t* +
r ;
1,
9mm0
oz
X v3OT - w In
Y
yyjc
CD
air
a:
b ,yf
r
CO
C-)
4
r
T
r co
cn m
z
O
T r.
Y
i
4 ,
i
c§ om'109 °
mg
cn
C D
mHO' g
a
zM
w
be
t* +
r ;
1,
9mm0
oz
X v3OT - w In
Y
yyjc
ym
I
y
r
r co
cn m
z
O
T r.
Y
i
4 ,
cn
C D
a
zMM1 D
ul 4 r--
w
be
t* +
r ;
1,
9mm0
oz
X v3OT - w In
Y
yyjc
ym
I
y
a
MATC
3
A
Y
i
4 ,
M
a
5
r
cn
m
m
N
C)
T
CS)
XATCH&M C
s
aRob g b p
g
0
r•
147H AM" N
r.
LATCHUNE D
11 1
z
0
CD
Cn
C7
n
r
m
Yd "IJNE B
mk
Rgn
a
R
i :m AYQI.E W
rk
YATCHi C
i viai M.
CI!
m
C
z
CD
m
o
n r
m
C
m
r
Yd "IJNE B
mk
Rgn
a
R
i :m AYQI.E W
rk
YATCHi C
i viai M.
m
m
CA)
0
T
I
W
aaR
q
MATCMM E
z
0
CD
r
m
i
MATCHLDPE D
1 1014 A- SL
w
T '
t
MATCHLINS F LA CHIlNE '
e ua wwruw - Sam mcnow
C/7 G)
ri) m 2
O
D r
m
cn
k
e
y
j
MATCHLDPE D
1 1014 A- SL
w
T '
t
MATCHLINS F LA CHIlNE '
e ua wwruw - Sam mcnow
m
m
I
O
T
z
0
CD
C-,)
D
r
m s s°
71ND A10A.E M .
3
yK
k z
it
i
m OWARIW - away no= M.
20T/1 AIEM,( SE
S
f *"
Cn
rn
rrn
C-"
0
T
C3
Y[ATCHUNB i
f .
v { 211" AI[/11.E X
z
0
C) 0
D
r
rn
9
2411 A10" SE
c
OPMI - KWEY
g
Y
jqa F q
r
itAi1'Gfitf J
Cn z
O p
Cn
m
9
2411 A10" SE
c
OPMI - KWEY
g
Y
jqa F q
r
itAi1'Gfitf J
C:) 4
n
D
r
m
Y.
t
cn
Z
m
m
rn
O
T
4B M1LLt,K CANAL A
s: °_ l I , C IR1BIf - away X101
M+TCHOW x
2M AWD" X
tE
d ¢
F
1
CD
m
0 t
c
Y.
t
cn
Z
m
m
rn
O
T
4B M1LLt,K CANAL A
s: °_ l I , C IR1BIf - away X101
M+TCHOW x
2M AWD" X
tE
d ¢
F
1
401(littl
i 31\ SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Ground Delivery
Fedex: 7747 8059 4689
October 20, 2015
Mr. Jeff Klatzkow
Collier County
Minutes and Records Department
3315 Tamiami Trail E., Suite 102
West Palm Beach, FL 33406
Dear Mr. Klatzkow:
Subject: Contract# C-11759-A04 (3600000019)
Please find enclosed one (1) fully executed copy of the above referenced document.
Thank you for your efforts on behalf of the South Florida Water Management District
District). Should there be any questions, or if you require any additional information,
please contact me.
Sincerely,
aK.-___1-47 ,—'
Sharman Rose
Senior Contract Specialist
Procurement Bureau
shrose@sfwmd.gov
561) 682-2167
FAX: (561) 682-5624
Psi
SR 1- `"
PT, O f..Tj
Enclosure o N
c:Lisa Koehler - MS 3510 0 =f-,tt
c = 44.
7
5
3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800- 432-2045
Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • wwwsfwmd.gov
FOURTH AMENDMENT TO
COOPERATIVE AGREEMENT (C-11759) BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS FOURTH AMENDMENT TO COOPERATIVE AGREEMENT (C-11759)
BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND
COLLIER COUNTY, FLORIDA ("Fourth Amendment), is entered into as of the
day of` c ly__r- 2015 by and between SOUTH FLORIDA
WATER MANAGEMENT bISTRICT, a government entity created by Chapter 373,
Florida Statutes (hereinafter referred to as "DISTRICT"), AND COLLIER COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as
COUNTY").
WITNESSETH:
WHEREAS, the DISTRICT and the COUNTY may hereinafter also be referred to
individually as "party" and collectively as "parties"; and
WHEREAS, the parties entered into a cooperative agreement, dated October 13,
2000, as amended thereafter ("Cooperative Agreement C-11759, as amended"),
providing for the continued control, operation and maintenance by the District of certain
watercourses lying within Collier County, Florida, as first authorized by an agreement
between the parties, dated February 19, 1991 ("Agreement C91-2158"); and
WHEREAS, the County has acquired title to lands necessary to relocate a
portion of the Cocohatchee Canal, shifting its centerline approximately as far as 150
feet to the north, at the intersection of Collier Boulevard (C.R. 951) and lmmokalee
Road (C.R. 846) ("Relocated Cocohatchee Canal"); and
WHEREAS, the County has also acquired title to lands necessary to extend the
C.R. 951 Canal northerly, approximately 150 feet ("Extended C.R. 951 Canal"), to
terminate with the Relocated Cocohatchee Canal; and
WHEREAS, the Relocated Cocohatchee Canal and the Extended C.R. 951
Canal may hereinafter also be referred to collectively as the "Modified Canals"; and
WHEREAS, the parties intend that, upon completion, the Modified Canals will be
assigned to and assumed by the District for control, operation and maintenance
purposes, consistent with the terms of Cooperative Agreement C-11759, as amended;
and
WHEREAS, the County intends to design and construct the Modified Canals to
the specifications set forth by the District; and
1
WHEREAS, upon completion of and acceptance by the District of the Modified
Canals. the parties intend that the Modified Canals should be construed, for all
purposes consistent with the terms of Cooperative Agreement 11759, as amended; and
WHEREAS, the parties desire to memorialize the parties' agreement regarding
the design and construction of the Modified Canals, and the control, operation and
maintenance of the Modified Canals upon completion of their construction and
acceptance by the District.
NOW, THEREFORE, in consideration of the covenants and representations set
forth herein and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1. The County shall, at its sole expense, design and construct the Modified Canals
in compliance with the specifications provided to the County by the District, and
the terms and conditions of any permit required by any federal, state, regional or
local government agency, including the District.
2. In addition to any specifications or terms and conditions imposed upon the
County pursuant to paragraph (1) of this Agreement, the County further agrees to
comply with the following specifications and conditions in the design and
construction of the Modified Canals:
a. The Modified Canals shall be designed and constructed to maintain the
current minimum bottom depth and waterline width, as well as hydraulic
design capacity of the existing channels being modified;
b. Any crossings of the canal completed contemporaneously with
construction of the Modified Canals shall be designed and constructed to
comply with the "SFWMD Right of Way Criteria Manual for Use of Works
or Lands of the District", dated August 12, 2013, and adopted by reference
pursuant to Rule 40E-6.091(1), Florida Administrative Code;
c. The design conveyance of the existing canal segment shall be maintained
throughout the construction of the Modified Canals;
d. The County shall be required to design and construct a boat ramp facility
for District use, providing access to the Relocated Cocohatchee Canal.
The boat ramp shall be designed and constructed to comply with District
requirements and specifications, with the design for launching oriented
downstream at a location west of the C.R. 951 (Collier Boulevard) canal
crossing; and
e. The design and location of any proposed pathways, public access and/or
landscaping adjacent to the top of bank of the canal shall be approved by
District Right of Way Section staff. The design shall provide for devices
i.e., bollards or lockable gates) to prevent unauthorized vehicular entry
2
upon the right of way. All costs associated with repairs and maintenance
of such improvements shall be the sole responsibility of the County.
3. Upon completion of the construction of the Modified Canals, the District shall
assume responsibility for the control, maintenance and operation of the Modified
Canals consistent with the terms and provisions of Cooperative Agreement C-
11759, as amended.
4. The Modified Canals shall be construed, for all purposes consistent with the
terms and provisions of Cooperative Agreement 11759, as amended.
5. Cooperative Agreement C-11759 , as amended, and as modified and amended
by this Fourth Amendment is hereby ratified, confirmed and shall continue in
force and effect. All other terms and conditions of Cooperative Agreement C-
11759, as amended, remain unchanged.
6. The recitals set forth above are true and correct and are incorporated herein by
reference.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals as of the date and year first above written.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:b/ 1_ , la/
D oth;, . . Bradshaw,Procurement Bureau Chief
SFWMD D2` COUNSEL APPROVED t/""`
BY:
PRINTAME:_
DATE: S/ i t I
SFWMD PROCUREMENT APPROV •
BY:
DATE: k
ATTEST:
4"',\
F ORIN%%iy9j
2-64-A-,) L &Ay-A__
i--- '4., ,s*.• 04> 0,/,,
ti O `13
O —.0sw ch Z'=
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
f
By '1° A. 1. ,: .C - By: / <0,ake-e_
Attest as eputy Clerk TIM NANCE, CHAIRMAN
sig iatur on
A ro s tform and legality
Jeffrey A. 1latzkow
County Attorney
4