Agenda 07/07/2015 Item #16E47/7/2015 16.E.4.
EXECUTIVE SUMMARY
Recommendation to approve the Collier County Water -Sewer District's completion of the
remaining terms of the September 14, 2010 Agreement with 850 NWN, LLC, CG II, LLC and
execution of Mutual Releases.
OBJECTIVE: To confirm that the Collier County Water -Sewer District, through the Public Utilities
Department, may proceed to complete items listed as Field Changes to Well No. 2 pursuant to the terms
of the Agreement between 850 NWN, LLC and CG II, LLC ( "Owners "), and Collier County and the
Collier County Water -Sewer District ( "District ") dated September 14, 2010 (the "Agreement "), thereby
completing the terms of the Agreement, and approve execution of a Mutual Release and accept same from
Owners.
CONSIDERATIONS: On September 14, 2010 the Board of County Commissioners (the "Board ")
approved Item 16C3 which included entry into the Agreement and acceptance of several access and utility
easements. The terms of the Agreement provided that the Owners would make certain improvements at
the District's Wells No. 1 and 2 ( "Field Changes ") by certain dates and the District would reimburse
Owners up to a total of $85,400 upon receipt of verified invoices. Owners completed the Field Changes
to Well No. 1 by the designated date and the District paid $60,500 for those verified expenses.
For various reasons, the Owners have not been in a position to move forward with development of City
Gate Commerce Center Phase Three and therefore they were not in a construction position to complete
the agreed upon improvements to Well No. 2. The District, however, has been working on a capital
project making electrical and other upgrades to the existing well sites including Well No. 2. The parties
believe that it is in the best interest of the District for the District to move forward with the Field Changes
to Well No. 2 at this time. Quotes for the remaining Field Changes to Well No. 2 were obtained and the
lowest quote, from Bonness, Inc, was $29,411.50. Although this is higher than the $24,900 due from the
District to the Owner should they complete the work, at today's construction cost it is believed to be
comparable and worthwhile to the District.
The Owners have cooperated with and assisted the District in this process and agree to the
aforementioned. In addition, CG 11, LLC has agreed to donate to the District, at no cost, an additional
easement area that has been identified during the course of the current wellfield improvement capital
project, where the County had inadvertently laid pipe. The Owners and the District agree to execute
Mutual Releases evidencing the completion of the terms of the Agreement and release of any further
liability.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2015 Capital Budget
approved by the Board on September 18, 2014. The source of funding is the Water User Fee Fund (412).
GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this
action.
LEGAL CONSIDERATIONS: A Mutual Release is the proper mechanism to close this matter since the
Owner is not assuming any affirmative obligations. This item is approved as to form and legality and
requires a majority vote for approval. —JAB
RECOMMENDATION: That the Board approves and authorizes Public Utilities to complete the
remaining terms of the Agreement as set forth herein; authorizes its Chairman to execute the attached
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Mutual Release; accepts the Mutual Release from the Owners, accepts any donated easement from the
Owners once reviewed by the County Attorney's Office; and directs the County Manager or his designee
to proceed with all appropriate closing procedures for the aforementioned documents and verify the
recording of same in the Public Records of Collier County, Florida.
PREPARED BY: Sue Jim Zimmerman, Senior Property Acquisition Specialist, Real Property
Management, Facilities Management Division
Attachment: 1) copy of the Agreement; 2) Mutual Release; and 3) Quote from Bonness, Inc.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to approve the Collier County Water -Sewer District's
completion of the remaining terms of the September 14, 2010 Agreement with 850 NWN, LLC,
CG II, LLC and execution of Mutual Releases.
Meeting Date: 7/7/2015
Prepared By
Name: ZimmermanSue
Title: Property Acquisition Specialist, Senior, Administrative Services Department
6/15/2015 12:10:49 PM
Submitted by
Title: Property Acquisition Specialist, Senior, Administrative Services Department
Name: ZimmermanSue
6/15/2015 12:10:50 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
Date: 6/15/2015 1:42:14 PM
Name: Joseph Bellone
Title: Division Director - Operations Support, Public Utilities Department
Date: 6/15/2015 2:15:32 PM
Name: LinguidiDennis
Title: Manager - Facilities, Administrative Services Department
Date: 6/15/2015 3:32:49 PM
Name: Oscar Martinez
Title: Project Manager, Senior, Public Utilities Department
Date: 6/15/2015 3:35:41 PM
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Name: MottToni
Title: Manager - Property Acquisition & Const M, Administrative Services Department
Date: 6/15/2015 5:12:13 PM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
Date: 6/16/2015 8:31:30 AM
Name: ChmelikTom
Title: Division Director - Public Utilities Eng, Public Utilities Department
Date: 6/16/2015 9:12:08 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 6/16/2015 2:18:14 PM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 6/17/2015 4:52:18 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/23/2015 1:51:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/25/2015 4:47:17 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/26/2015 11:19:18 AM
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INSTR 4475110 OR 4605 PG 9 RECORDED 9/15/2010 12:29 PM PAGES 28 7/7/2015 16.E.4.
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $239.50
AGREEMENT
Access for North Raw Water Wellfield
South Collier Regional Water Treatment Plant
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by
and between 850 NWN, LLC, a Florida limited liability company, and CG II, LLC a Florida limited
liability company (hereinafter collectively referred to as "Owner "), whose mailing address is 159
South Main Street, Suite 500, Akron, Ohio 44308, and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter referred to as "Water -Sewer
District "), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112; and
WHEREAS, the Owner is the developer and owner of the City Gate Commerce Center,
Phase Two Plat and the undeveloped land in the City Gate Commerce Park PUD; and
WHEREAS, the City Gate Commerce Center, Phase Two Plat has been recorded in Plat
Book 49, Pages 97 to 100 of the Public Records of Collier County, Florida; and
WHEREAS, the Water -Sewer District is the operating entity of the South Collier Regional
Water Treatment Plant (hereinafter "SCRWTP "); and
WHEREAS, the Water -Sewer District operates two raw water wells that are located within the
City Gate Commerce Park (hereinafter "County Raw Water Well P -Site I" and County Raw Water
Well P -Site 2 ") (See sketch attached hereto as Exhibit "A "); and
WHEREAS, the Water -Sewer District needs additional area for access to the two raw water
wells located within City Gate Commerce Park PUD as well as to the Water - Sewer District's raw
water well field to the northeast of the City Gate Commerce Park PUD; and
WHEREAS, Owner is willing to grant new access easements to the Water -Sewer District for
the additional area pursuant to this agreement; and
WHEREAS, proper utilization of existing easements and the additional access easements will
require the correction of some existing utility easements as well as additional construction in the area
of the new access easements and corrective easements; and
WHEREAS, the Water -Sewer District is willing to pay Owner for the additional construction;
and
pn"A 1 ni C
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OK 4605 PG 10
7/7/2015 16.E.4
WHEREAS, the Owner has contracted with Bonness, Inc. ( "Owner's Contractor ") to construct
the Phase Two Plat subdivision improvements and Owner's Contractor is currently constructing said
improvements; and
WHEREAS, the County will release the utility easements for County Raw Water Well P -Site 1
and County Raw Water Well P -Site 2 in exchange for appropriate corrective utility easements granted
by Owner; and
WHEREAS, the replacement utility easements and the new access easements will
necessitate the replat of Lot 4 of the City Gate Commerce Center, Phase Two Plat; and
WHEREAS, the Water -Sewer District staff and the Owner's engineer have met and determined
the appropriate specifications for the required additional construction (hereinafter "Field Changes ");
and
WHEREAS, it would be mutually beneficial to both parties, for the Ovmer's Contractor to
construct the Field Changes.
NOW THEREFORE, it is hereby mutually acknowledged, and it is agreed by and between the
parties as follows:
1. Owner has caused its engineer to design the Field Changes.
2. As used herein, the term "Field Changes" shall be generally described as the installation of 50
linear foot retaining walls, the construction of opaque concrete privacy fences thereon,
additional fill and road base in the vicinity of both County Raw Water Well P -Site 1 and
County Raw Water Well P -Site 2, the replacement of existing V x 1.5' "pull boxes" with 3' x
4' manholes, and reconfiguration of existing fence gates and fences as more particularly
described and shown on Exhibit `B" attached hereto and made a part hereof. The description
of the Field Changes and specifications thereof shown on Exhibit "B" shall control over the
general description set forth above.
3. Water -Sewer District has reviewed the design and has provided final approval of the Field
Changes.
4. Owner will cause the Field Changes to be constructed pursuant to this agreement and will
complete the construction of the Field Changes in the vicinity of County Raw Water Well P-
Site 1 by October 10, 2010 and complete the construction of the Field Changes by County Raw
Water Well P -Site 2 by October 15, 2014.Water -Sewer District shall pay Owner an amount not
to exceed S85,400.00 upon receipt of invoices for work identified in the Schedule of
Values.
"___ .%
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5. Owner and Water -Sewer District agree that no changes or additions to the Field Changes
will occur except upon the expressed written agreement of both Owner and Water -Sewer
District.
6. Upon completion of the Field Changes, as -built surveys will be provided by Owner's surveyor.
7. On or before November 1, 2010, the Water -Sewer District will execute and deliver to Owner a
Partial Release of Easement and Release of Easement in the forms shown on Exhibit "C"
attached hereto, releasing the well easements to "Parcel P -Site 1" and "Parcel P -Site 2 ".
8. Upon the delivery of the Release of Easements described above, the Owner will grant and
deliver to Water -Sewer District:
a. A Utility Easement in the form shown on Exhibit "D" attached hereto, correcting the
legal description of the Utility Easement on those lands described therein ("Corrected
Parcel P -Site 1 Easement ").
b. An access easement in the form shown on Exhibit "E" for those lands described therein
( "Access Easement by P -Site 1 "), which shall be subject to Owner's right to have and
maintain the retaining wall and concrete block wall thereon as well as landscaping
north of said wall. Owner shall be responsible for all costs associated with
maintenance of said walls and landscaping.
C. A Utility Easement in the form shown on Exhibit "F" attached hereto, correcting the
legal description of the Utility Easement on those lands described therein ( "Corrected
Parcel P -Site 2 Easement ").
d. An access easement in the form shown on Exhibit "G" for those lands described therein
( "Access Easement by P -Site 2 "), which shall be subject to Owner's right to have and
maintain the retaining wall and concrete block wall thereon as well as landscaping
north of said wall. Owner shall be responsible for all costs associated with maintenance
of said walls and landscaping.
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OR 4605 PG 12
7/7/2015 16.E.4.
9. The parties acknowledge that a replat of Lot 4, City Gate Commerce Center, Phase Two will
be necessary to reflect the Corrective Parcel P -Site 1 Easement and the new Access
Easement by P -Site 1, which will look substantially similar to Exhibit "H" attached
hereto.
10. This Agreement is governed and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written,
Attest: �..;..• • ..
By, _
;. ,Deputy Clerk
DATED: 9// �fl Zi
BOARD OF COUNTY COMMISSIO3g1tRS•,
COLLIER COUNTY, FLORIDA and d8
EX- OFFICIO THE GOVERNING BQARD:OF '
THE COLLIER COUNTY WATER7SFWER DISTRICT
Fred W. Coyle
Chairman
Approved as to form
and legal sufficiency:
')—f� -1'� ) L-7'tu
Jennifer . White, Assistant County Attorney
Pane 4 of 5
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OR 4605 PG 13
AS TO OWNER:
Signed, sealed and
delivered in the presence of
Printed Name
Lt .
Print Na ne
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Printed Name
850 NWN, LLC
A Florida Limited Liability Company
BY. %d� Signature
P"hR.Neber, Vice President
CG I1, LLC
A Florida Limited Liability Company
BY�'V� Signature
J s ph 11 eber, Vice President
Page 5 of 5
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OR 4605 PG 20
PARTIAL RELEASE OF EASEMENT
7/7/2015 16.E.4.
THIS PARTIAL RELEASE OF EASEMENT is made this _ day of ,
20I0 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida. 34I 12 (hereinafter referred to as
"CCWSD ").
WITNESSETH:
WHEREAS, CCWSD is the holder of that certain Utility Easement by and between
Citygate Development, LLC and the Board of County Commissioners of Collier County, Florida,
as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier
County Water -Sewer District, recorded on January 13, 2006 in Official Records Book 3965,
Page 2873 of the Public Records of Collier County, Florida (hereinafter referred to as the
"Easement ") encumbering the premises legally described therein; and
WHEREAS, CCWSD is agreeable to releasing a certain parcel contained in the
Easement, said parcel being legally described in Exhibit "A," attached hercta and incorporated
herein by virtue of this reference, and labeled therein as "Parcel_P- SitcL"
NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby
relinquish, abandon and release all of its rights and interest in said Easement as it relates to
Parcel P -Site] as described in Exhibit "A "; provided, however, said Easement shall othertivise
remain in full force and effect except as to the released parcels.
IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the
Board of County Commissioners, acting through its Chairman, the day and year aforesaid.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCY, Clerk OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX- OFFICIO TIME GOVERNING
BOARD OF THE COLLIER COUNTY
WATER- DISTRICT DISTRICT
By: _ By:
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
By: _
Jennif r Wbite, Assistant County Attorney EXHIBIT
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OR 4605 PG 22
RELEASE OF EASEMENT
7/7/2015 16.E.4.
THIS RELEASE OF EASEMENT is made this _ day of , 2010 by the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS TIIE.
GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "CCWSD ").
WITNESSEI'H.:
WHEREAS, CCWSD is the holder of that certain Utility Easement by and between CG
1I, LLC and the Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and as Ex- Officio lie Governing Board of the Collier County Water -
Sewer District, accorded on January 13, 2006 in Official Records Book 3965, Page 2891 of the
Public Records of Collier County, Florida (hereinafter referred to as the "Easement "),
encumbering the premises legally described therein as "Parcel P -Site 2 "; and
WHEREAS, CCWSD is agreeable to releasing the Easement.
NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby
relinquish, abandon and release n11 of its rights and interest in the Easement.
IN WITNESS WHEREOF, CCWSD has caused these ,presents to be executed by the
Board of County Commissioners, acting through its Chairman, the day and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Approved as to form and legal sufficiency
f3y:
Jennifer White, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNT -Y, FLORIDA, AS TIIE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX- OFFICIO TIlI -, GOVERNING
BOARD OF TIIE, COLLIER COUNTY
WAIL IZ- DIS'I'RICI' DIS'IIZIC'I'
By:
Fred W. Coyle, Chairman
Packet Page -1941-
EXHIBIT
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�'.t C !i
OR 4605 PG 24
7/7/2015 16.E.4.
UTILITY EASEMENT
THIS EASEMENT, made and entered into this day of: , 2010, by
850 NWN, LLC; a Florida limited liability company, whose mailing address Is 9010 Strada Steil
Court, Suite 207' 34109 (hereinafter'referred4b as "Grantor" }, to the.BOARD
OF COUNTY COMMISSIONERS "OF. COLLIER. COUNTY, 'FLORIDA, .AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE: GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing
address is 3301 Tamiaml Trail ° East, Naples, Florida .34112 (hereinafter referred to as
:"Grantee ")
Wherever used herein the terms "Grantor" and' "'Grantee" include .all the parties to this,
instrument and their respective heirs, legal representatives, ,successors or assigns.
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a
perpetual, non - exclusive easement for utility, access and maintenance purposes, on the
following described lands located in Collier County, Florida, to wit:
Said lands are legally described in Exhibit "A" attached hereto and incorporated herein
by reference, and labeled therein as "Corrected Parcel P- Site 1 Easement,"
Subject to easements, restrictions, and reservations of record.
This Is not homestead property.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon
said lands, excavate, and place or remove materials, including, but not limited to, water lines
and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant
thereto or thereunder for the purpose of constructing, reconstructing, maintaining, repairing,
operating and relocating within the easement area utility facilities under, on, above and through
the easement area shown on Exhibit "A." The easement granted herein shall constitute
easements running with the land and shall burden the lands described above.
EXCHIBIT
Packet Page -1943-
OR 4605 PG 25
7/7/2015 16.E.4.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
850 NWN, LLC, a Florida limited liability
company
13y
Joseph R. Weber, Vice President
159 S`Main Street, Suite 500
Akron, Ohio 44308 -1300
STATE OF ,
COUNTY OF
The foregoing Utility. Easement was acknowledged on this day of ,
2010 by Joseph R. Weber, Vice President, on behalf of,850 NWN, -LLC, a Florida limited liability
company, who is personally known to me or who has produced
as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission 9#:
My Commission Expires:
Approved as to form and legal sufficiency:
By:
Jennifer B. White, Assistant County Attorney
z
Packet Page -1944-
i
EXHIBIT�
�C 3
OR 4605 PG 26
\1 A it
LEGAL DESCRIPTION
P —SITE 1, RAW WATER WELL EASEMENT
A PARCEL OF LAND LYING IN AND BEING A PORTION OF LOT 4, CITY GATE
COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97
THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST PROPERTY CORNER OF SAID LOT 4, CITY
GATE COMMERCE CENTER, PHASE TWO; THENCE N. 89'13'01" E. ALONG THE
NORTH LINE OF SAID LOT 4, A DISTANCE OF 95.93 FEET; THENCE LEAVING SAID
NORTH LINE; S. 00'46'59" E. A DISTANCE OF 30.00 FEET, TO THE POINT OF
BEGINNING; THENCE N 89'13'01" E. AND PARALLEL WITH THE NORTH LINE OF
SAID LOT 4, A DISTANCE OF 40.00 FEET; THENCE S. 00'46'59" E. A DISTANCE
OF 21.00 FEET; THENCE S. 89'13'01" W. A DISTANCE OF 40.00 FEET; THENCE
N. 00'46'59" W. A DISTANCE OF 21.00 FEET, TO THE POINT OF BEGINNING.
HAVING AN AREA OF 840.00 SQUARE FEET.
EXHIBIT
� 3
Packet Page -1945-
7/7/2015 16.E.4.
OR 4605 PG 27
ACCESS EASEMENT
7/7/2015 16.E.4
THIS EASEMENT made and entered into this _ day of _ 2010 by 850
NWN, LLC, whose mailing address is 9010 Strada Stell Court, Suite 207, Naples, Florida 34109,
(hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112 (hereinafter referred to as "Grantee').
Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective, heirs, legal representatives, successors or assigns.
WITNESSETII:
Grantor, for and in consideration of TEN DOLLARS (S10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, easement
for access purposes, including vehicles on, over and through the following described lands
located in Collier County, Florida, to wit:
Said lands are legally described in Exhibit "1' attached hereto and incorporated
herein by reference, and labeled therein as "Access Easement by Parcel P -Site 1."
Subject to casements, restrictions and reservations of record.
This is not homestead property.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said lands for the purpose of maintaining, repairing and operating utility facilities. The
easement granted herein shall constitute easements running with the land and shall burden the
lands described above.
EXHIBIT
Packet Page -1946-
OR 4605 PG 28
7/7/2015 16.E.4.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signature)
Name:
(Print Name)
Witness (Signature)
Name:
(Print Name)
STATE OF
COUNTY OF
850 NWN, LLC
a Florida limited liability company
By:
Joseph R. Weber, Vicc President
159 S. Main Street, Suite 500
Akron, Ohio 44308 -1300
Sworn to and subscribed before me on this day of , 2010 by
Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability
company, who is personally known to me or who has produced
as identification.
(affix notarial seal)
Approved as to form and legal sufficiency:
By:
Jennifer Whitc, Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission #: _
My Commission Expires:
EXHIBET
�Ld
Packet Page -1947-
OR 4605 PG 29
\N 1 if
LEGAL DESCRIPTION
P —SITE 1, ACCESS EASEMENT
A PARCEL OF LAND LYING IN AND BEING A PORTION OF LOT 4, CITY GATE
COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97
THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST PROPERTY CORNER OF SAID LOT 4, CITY
GATE COMMERCE CENTER, PHASE TWO; THENCE N. 89'9 3'01 " E. ALONG THE
NORTH LINE OF SAID LOT 4, A DISTANCE OF 81.93 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUE N 89' 13'01 " E. A DISTANCE OF 70.00 FEET;
THENCE LEAVING SAID NORTH LINE, S. 00'46'59" E. A DISTANCE OF 10.00
FEET; THENCE S. 89'13'01" W. A DISTANCE OF 70.00 FEET; THENCE N.
00'46'59" W. A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING.
HAVING AN AREA OF 700.00 SQUARE FEET.
EXHIBIT
i Packet Page -1948
OR 4605 PG 30
UTILITY EASEMENT
7/7/2015 16.E.4.
THIS EASEMENT, made and entered °into this - day of - , 2010, by
CG It,.LLC, a. Florida limited liability: company; whose mailing address is 159 S. Main Street,
Suite 500, Akron, Ohio 44308 - .1300. (hereinafter referred to as "Grantor"), to the BOARD_ OF
COUNTY COMMISSIONERS OF "COLLIERCOUNTY, FLORIDA, AS .THE :GOVERNING
BODY OF COLLIER COUNTY AND AS EX- OFFICIO :THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER - SEWER .DISTRICT, Its successors and assigns, whose mailing
address is 3304 Tamiami trail East, Naples, - Florida ' 34112 ; (hereinafter referred to as
"Grantee").
Wherever used herein the terms "Grantor" and "Grantee" include all.the parties to this
instrument and their respective heirs, legal representatives, successors or assigns.
WITNESSETH:
Grantor, for and in consideration of TEN 'DOLLARS ($10.00) and other valuable
consideration, paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a
perpetual, non - exclusive easement for utility, access and maintenance purposes, on the
following described lands located in Collier County, Florida, to wit:
Said lands are legally described in Exhibit "A" attached hereto and incorporated herein
by reference, and labeled therein as "Corrected Parcel P -Site 2 Easement."
Subject to easements, restrictions, and reservations of record.
This is not homestead property
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon
said lands, excavate, and place or remove materials, including, but not limited to, water lines
and pipes, well pumps and raw water wells, and other_ equipment or improvements appurtenant
thereto or thereunder for the ,purpose of constructing, reconstructing, maintaining, repairing,
operafing and relocating within the easement area utility facilities under, on, above and through
the easement area shown on Exhibit "A," The easement granted herein shall constitute
easements running with the land and shall burden the lands described above.
EXHIBIT
VA5 e
Packet Page -1949-
OR 4605 PG 31
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
CG II, LLC, a Florida limited liability
company
By;
Joseph R. Weber, Vice President
159 S Main'Street, Suite 500
Akron, Ohio 44308.1300
7/7/2015 16.E.4.
STATE OF
COUNTY OF
The foregoing Utility Easement was acknowledged on this day of
2D10 by Joseph R. Weber, Vice President, on behalf of CG II, LLC, a Florida limited liability
company, who is personally known to me or who has produced
as identification.
(affix notarial seal)
Approved as to form and legal sufficiency:
By:
Jennifer B. White, Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
EXHIBIT
2
s
E4g 2
Packet Page -1950-
OR 4605 PG 32
�h^
�l
LEGAL DESCRIPTION
P—SITE 2, RAW WATER WELL EASEMENT
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35. TOWNSHIP 49
SOVTH, RANGE 26 [AST. COLLIER COUNTY, FLORIDA, 8BNQ MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER,
PHASE TWO. AS RECORDED IN PLAT GOOK 49' PAGES 97 THROUGH 100. IN
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE N. 80'13^01" E.
ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 478.12 FEET;
THENCE LEAVING SAID NORTH LINE; S. 00^*6'59^ E. A DISTANCE OF 30.00
FEET, TO THE POINT 0F BEGINNING; THENCE N 89'13'01^ E. AND PARALLEL
VV|TM THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 44.00 FEET;
THENCE S. 00'46'59~ E, A DISTANCE OF 21.00 FEET: THENCE S. 89'13'01~ W.
A DISTANCE OF 44.00 FEET; THENCE N. 00^46'59" W. A DISTANCE OF 21.00
FEET' TO THE POINT OF BEGINNING.
HAVING AN AREA OF 924.00 SQUARE FEET.
Packet Page '1951-
OR 4505 PG 33
ACCESS EASEMF,NT
7/7/2015 16.E.4.
THIS EASEMENT made and entered into this _ day of _ , 2010 by CG II,
LLC, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308 -1300,
( hereinafter referred to as "Grantor', to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -
SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112 (hereinafter referred tows "Grantee").
Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrtunent and their respective, heirs, legal representatives, successors or assigns.
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($1 0.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, easement
for access purposes, including vehicles on, over and through the following described lands
located in Collier County, Florida, to wit:
Said lands are legally described in Exhibit "1' attached hereto and incorporated
herein by reference, and labeled therein as "Access Easement by Parcel P -Site 2."
Subject to easements, restrictions and reservations of record.
This is not homestead property.
TD HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said lands for the purpose of maintaining, repairing and operating utility facilities. The
easement granted herein shall constitute easements running with the land and shall burden the
lands described above.
EXHIBIT
v 3
Packet Page -1952-
OR 4605 PG 34
7/7/2015 16.E.4.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signature)
Name:
(Print Name)
Witness (Signature)
Name: _
(Print Name)
STATE OF
COUNTY OF
CG II, LLC
a Florida Limited liability company
By:
Joseph R. Weber, Vice President
159 S. Main Strect, Suite 500
Akron, Ohio 44308 -1300
Sworn to and subscribed before me on this day of , 2010 by
Joseph R. Weber, Vice President, on behalf of CG II, LI.C, a Florida. limited liability company,
who is personally known to the or who has produced as
identification.
(affix notarial sea])
Approved as to roan and legal sufficiency:
By: —
Jennifer While, Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires. _
EXHIBIT
aU �
Packet Page -1953-
OR 4605 PG 35
7/7/2015 16.E.4.
kjd
LEGAL DESCRIPTION
P —SITE 2, ACCESS EASEMENT
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER,
PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, IN
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N. 89'13'01" E.
ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 464.05 FEET,
TO THE POINT OF BEGINNING; THENCE CONTINUE N 89'13'01" E. A DISTANCE
OF 70.00 FEET; THENCE LEAVING SAID NORTH LINE, S. 00'46'59" E. A
DISTANCE OF 10.00 FEET; THENCE S. 89'13'01" W. A DISTANCE OF 70.00 FEET;
THENCE N. 00'46'59" W. A DISTANCE OF 10.00 FEET, TO THE POINT OF
BEGINNING.
HAVING AN AREA OF 700.00 SQUARE FEET.
EXHIBIT
t'T
Packet Page -1954-
*** OR 4605 PG 36 ***
7/7/2015 16.E.4.
Packet Page -1955-
Cf-
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'EXHIBIT
r
Packet Page -1955-
7/7/2015 16.E.4.
MUTUAL RELEASE
This Mutual Release ( "Release ") is executed this day of , 2015, by and
between 850 NWN, LLC and CG II, LLC (collectively the "Owners ") and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER -SEWER DISTRICT ( "Water -Sewer District ").
RECITALS:
WHEREAS, Owners and Water -Sewer District entered into that certain Agreement
dated September 19, 2010 (the "Agreement ") which provides for Owners to make
certain Field Changes to Water -Sewer District's Well No. 2 and Water -Sewer District
would be responsible to reimburse Owners up to $24,900; and
WHEREAS, Water -Sewer District hereby agrees to complete the terms of the
Agreement, defined as Field Changes as they pertain to Well No. 2, in return for a
release of its responsibilities to Owners.
WITNESSETH:
NOW THEREFORE, for and in consideration of the payment of One Dollar ($1.00),
and other good and valuable consideration, in hand paid, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1. Owners do hereby release, cancel, forgive and forever discharge Water -
Sewer District and each of its predecessors, parent corporations, holding companies,
subsidiaries, affiliates, divisions, heirs, successors and assigns, and all of their officers,
directors and employees from all actions, claims, demands, damages, obligations,
liabilities, controversies and executions, of any kind or nature whatsoever, whether
known or unknown, whether suspected or not, which have arisen, or may have arisen,
or shall arise by reason of the Indebtedness and /or the guaranty of payment of the
Indebtedness as designated and described in the Agreement from the first day of the
world, including this day and each day hereafter, and Owners do specifically waive
any claim or right to assert any cause of action or alleged case of action or claim or
demand which has, through oversight or error intentionally or unintentionally or through
a mutual mistake, been omitted from this Release.
2. Water -Sewer District does hereby release, cancel, forgive and forever
discharge Owners and each of his holding companies, subsidiaries, affiliates, divisions,
successors, heirs, and assigns in all capacities whatsoever, including without limitation as
an officer, director, employee, representative, designee, agent, and shareholder
thereof, from all actions, claims, demands, damages, obligations, liabilities,
controversies and executions, of any kind or nature whatsoever, whether known or
unknown, whether suspected or not, which have arisen, or may have arisen, or shall
arise by reason of any matter, cause or thing whatsoever, from the first day of the
world, including this day and each day hereafter, and Water -Sewer District does
specifically waive any claim or right to assert any cause of action or alleged cause of
action or claim or demand which has, through oversight or error, intentionally or
unintentionally or through a mutual mistake, been omitted from this Release.
Packet Page -1956-
7/7/2015 16.E.4.
3. The provisions of this Release must be read as a whole and are not severable
and /or separately enforceable by either party hereto.
IN WITNESS WHEREOF, the undersigned have executed this Release in triplicate
originals as of the day, month and year first set forth above.
AS TO OWNERS:
Signed, sealed and
delivered in the presence of:
Signture
Printed Name
Signature
Printed Name
STATE OF
COUNTY OF
850 NWN, LLC
A Florida Limited Liability Company
By:
Joseph R. Weber, Vice President
The foregoing instrument was acknowledged before me this day
of , 2015, by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida
limited liability company, who is personally known to me or has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
Packet Page -1957-
Signed, sealed and
delivered in the presence of:
Signature
Printed Name
Signature
Printed Name
STATE OF
COUNTY OF
CG II, LLC
A Florida Limited Liability Company
0
Joseph R. Weber, Vice President
7/7/2015 16.E.4.
The foregoing instrument was acknowledged before me this day
of , 2015, by Joseph R. Weber, as Vice President of CG II, LLC, a Florida
limited liability company, who is personally known to me or has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
Packet Page -1958- (S-I
7/7/2015 16.E.4.
As to Water -Sewer District:
Attest: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS THE EX- OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio,
Assistant County Attorney
M
Tim Nance, Chairman
NP
6 %�
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7/7/2015 16.E.4.