Backup Documents 09/26/2017 Item #16A35 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP' 6A 3 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office
X10
4. BCC Office Board of County \ ��S
Commissioners / kank --\
5. Minutes and Records Clerk of Court's Office
Executed COPY only returned to: Karen Dancsec/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Karen Dancsec Phone Number 239-252-5805
Contact/ Department
Agenda Date Item was 09/42017 Agenda Item Number b—R_3S
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS& CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? ,MI, Q N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
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signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on Vz6 2017 and all changes made
during the meeting have been incorporated in the attached document. The County KD
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready forth• -v?
Chairman's signature.
Please scan under BMR Real Property—SR 29 Canal—Parcel '
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 A 3 5
Business Unit Number:878275
Site Name:Barfield Land
DRAINAGE,ACCESS AND MAINTENANCE EASEMENT
THIS DRAINAGE, ACCESS AND or present a hazard to Grantee's use of the Easement
MAINTENANCE EASEMENT (the "Agreement") Area. Grantee shall dispose of any materials
is made effective thiszzkt-i day of SeRlter b�.v— removed.
2017, by and between Global Signal Acquisitions IV
LLC, a Delaware limited liability company 5. Hazardous Substances and Hazardous
("Grantor") and Collier County, a political Wastes. Grantee shall not (either with or without
subdivision of the State of Florida("Grantee"). negligence) cause or permit the escape, disposal or
release of any Hazardous Substances ("Hazardous
WHEREAS, Grantor owns property located Substances" shall have the same definition as
at 5905 SR 29 S, Immokalee, Florida 34142, Collier contained in the Comprehensive Environmental
County granted to Grantor by deed dated December Response, Compensation and Liability Act, 42
19, 2011 and recorded at book 4755, page 2664 U.S.C. §§9601 et seq. and regulations promulgated
1 ("Grantor's Property"),and pursuant thereto) or Hazardous Wastes ("Hazardous
Wastes" shall have the same definition as contained
WHEREAS, Grantee desires to obtain a in the Resource Conservation and Recovery Act, 42
perpetual, non-exclusive drainage, access and U.S.C. §§6901 et seq. and regulations promulgated
maintenance easement on-Grantor's Property for the pursuant thereto) on or from the Easement Area in ,
purposes contained herein. any manner prohibited by law. To the extent
permitted by Section 768.28, Florida Statutes and
NOW THEREFORE, for good and valuable other Florida law, Grantee shall indemnify and hold
consideration, the receipt and sufficiency of which Grantor harmless from any and all claims, damages,
are hereby acknowledged, the parties agree as fines,judgments, penalties, costs, liabilities or losses
follows: (including, without limitation, any and all sums paid
for settlement of claims, attorneys' fees, and
I. Grant. Grantor grants and conveys to
Grantee(i)the right to enter upon Grantor's Property consultants' and experts' fees) from the release of
andany Hazardous Substances or Hazardous Wastes on
to place and/or excavate materials for the
the Easement Area if caused by Grantee or persons
purpose of constructing, operating, and maintaining acting under Grantee.
drainage structures and facilities, including but not
limited to canals, ditches, swales, earthen berms, rip- 6. Insurance. At all times during the term of
rap and retaining wall systems, underground pipes, this Agreement, Grantee, at its sole expense, shall
and various types of water control structures within carry public liability insurance covering its use of the
the easement area and(ii)the right of ingress, egress Easement Area with companies and in a form
and regress as may be reasonably necessary for the satisfactory to Grantor. The policy shall name
removal and use of any and all excavated material Grantee as insured and shall name Grantor as an
and (iii) the right to construct and maintain a additional insured. The policy shall bear
stabilized roadbed facility capable of providing endorsements to the effect that the insurer agrees to
access for vehicles and equipment for the notify Grantor not less than thirty days in advance of
maintenance of the canal adjacent thereto any modification or cancellation thereof. At a
over/across/under Grantor's Property as more fully minimum, Grantee and all parties accessing the
shown on Exhibit A attached hereto and made part Easement Area for or on behalf of Grantee shall
hereof("Easement Area"). obtain the following insurance coverage:
2. Easement Term. The term of this (i)Statutory Workers' Compensation including
Agreement shall commence as of the date of this $500,000 Employers' Liability; (ii)Comprehensive
Agreement and shall continue in perpetuity. General Liability including personal injury, broad
form property damage, independent contractor, XCU
3. Consideration. Upon execution of this and products/completed operations with limits not
Agreement Grantee shall pay Grantor ten dollars less than$2,000,000 per occurrence;(iii)Automobile
($10.00). Liability with limits not less than $1,000,000 per
occurrence; and, (iv)Fire and extended coverage
4. Removal of Obstructions. Grantee has the insurance on all of Grantee's improvements at the
right to reasonably remove obstructions from the Easement Area. Failure of Grantee to obtain or
Easement Area including but not limited to maintain the required insurance and submit such
vegetation, which may encroach upon, interfere with certification to Grantor shall constitute a material
INSTR 5455150 OR 5437 PG 1254
RECORDED 10/4/2017 2:56 PM PAGES 4
Easement for Access and Utility(Crown as Grantor) DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT
Version 03-28-13 1 COLLIER COUNTY FLORIDA
REC$35.50
1 6A3 5
Business Unitumbe7U Z1
Site Name: •Z3�-
breach of this Agreement. Upon such breach, 13. Notices. All notices hereunder shall be in
Grantor shall have the right to immediately terminate writing and shall be given by (i)established national
this Agreement. courier service which maintains delivery records,
(ii)hand delivery, or(iii)certified or registered mail,
7. Recording. Grantee or Grantor shall have postage prepaid, return receipt requested to the
the right to record a memorandum of this Agreement addresses contained herein. Notices are effective
with the appropriate recording officer. The non- upon receipt,or upon attempted delivery if delivery is
requesting party shall execute and deliver such a refused or if delivery is impossible because of failure
memorandum, for no additional consideration, to provide reasonable means for accomplishing
promptly upon request by the other party. delivery.
8. Hold Harmless. To the extent permitted by If to Grantor:
Section 768.28, Florida Statutes and other Florida Crown Castle USA Inc.
law, each party shall indemnify and defend the other General Counsel
party against,and hold the other party harmless from, Attn: Legal—Real Estate Dept.
any claim of liability or loss from personal injury or 2000 Corporate Drive
property damage arising from the use and occupancy Canonsburg,PA 15317
of the Easement Area by such indemnifying party, its
employees, contractors, servants or agents, except to If to Grantee:
the extent such claims are caused by the intentional Collier County
misconduct or negligent acts or omissions of the c/o Office of the County Attorney
other party, its employees, contractors, servants or 3299 Tamiami Trail East, Suite 800
agents. Naples,FL 34112
9. Interference with Grantor's Business. 14. Assignment, Sublease, Licensing and
From and after the date hereof and continuing until Encumbrance. Grantor has the right, at its sole
the Agreement is terminated, Grantor shall have the discretion, to assign its interest in this Agreement.
right to use the Easement Area in any manner that Assignment of this Agreement by Grantor shall be
will not unreasonably interfere with the rights of effective upon Grantor sending written notice to
Grantee contained herein. Grantee at Grantee's mailing address stated above and
Grantor and shall relieve Grantor from any further liability or
10. Entire Agreement.
agree that this e contains allGrantee the obligation accruing hereunder. This Agreement may
Agreement
agreements, promises and understandings between not be sold,transferred,sublet or assigned by Grantee
without the prior written consent of Grantor, which
Grantor and Grantee. Any addition, variation or will not be unreasonably withheld, conditioned or
modification to this Agreement shall be void and delayed.
ineffective unless made in writing and signed by the
parties hereto. 15. Partial Invalidity. If any term of this
1 1. Construction of Document. Grantor and Agreement is found to be void or invalid, then such
invalidity shall not affect the remaining terms of this
Grantee acknowledge that this document shall not be
construed against the drafter by virtue of said party Agreement, which shall continue in full force and
effect.
being the drafter.
16. Successors and Assigns. Except as
12. Applicable Law. This Agreement and the
otherwise provided herein, this Agreement shall
performance thereof shall be governed, interpreted,
construed and regulated by the laws of the State extend to and bind the heirs,personal representatives,
successors and assigns of the parties hereto.
where the Easement Area is located.
Easement for Access and Utility(Crown as Grantor)
Version 03-28-13 2
1 6 A 3 5
Business U ' Nur►1ber: D(2-7
Site Name: t/C
IN WITNESS WHEREOF, Grantor and Grantee having read the foregoing and intending to be legally
bound hereby,have executed this Agreement as of the day and year first written above.
GRANTOR:
GLOBAL SIGNAL ACQUISITIONS IV LLC,a Delaware
0/)15760-AC, '.(d 41 limited liability company
Witness
Witness Print Name: /]n,--,eaft LA A5 cfr
Print Title: ,- t`1'4i~5tcevwcc.j e.-----
GRANTEE:
COLLIER COUNTY,a political subdivision of the State of
Florida
AS TO COUNTY:
DATED: of---.3:0 n
ATTEST: BOARD S OU• Y COMMISSION 'S
DWIGHT BROCK,Cleric COLLIE: •u TY,FLORIDA
t . .
c: ►. / i l., �. I By: I,
,Depu , let PENNY TAY •.,CHAIRM,if•ttest as to Chai"1- 's
signature only.
Approved as to form anal legality
V_.K. K4) ).' --------- . !
Assistant County Alto ixtly
ACKNOWLEDGEMENT ' 4C
State/Commonwealth of F-1 b,---i (2 \\Lo\
County of 14-i 11.510o r-mdh
On this, the 30 day of Ju.-n - , 2017, before me, the undersigned officer in and for the above-
stated jurisdiction, ersonally appeared 8y j ail “t1 yer [signer's name], who acknowledged him/herself
to be the e, ph,l 44.44445 el' [title] of GLOBAL
SIGNAL ACQUISI IONS IV LLC, a Delaware limited liability company and that that he/she, being authorized to
do so,executed the foregoing Easement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
-0" TERRI ANELLO
€ MY COMMISSION#FF188523
,„ 1�P„,, : EXPIRES January 11,2019 i
•(407)398-0153 FloridallotaryService.corn
Easement for Access and Utility(Crown as Grantor)
Version 03-28-13 3
16 A 3 5
Business Unit Number:878275
Site Name:Barfield Land
EXHIBIT"A"
BOLD LINES DEPICT SR-29 DRAINAGE EASEMENT
(A 100 foot wide strip of land lying east of and abutting the right-of-way of State Road SR-29 and located
on the lands of the Grantor in Section 8, Township 48 South, Range 30 East, Collier County, Florida)
5
0848 30
Ce
CENTERLINE OF SR-
29
1
1-1
17 48 30
Drawing not to scale.
Easement for Access and Utility(Crown as Grantor)
Version 03-28-13 4