Agenda 09/08/2015 Item #16A339/8/2015 16.A.33.
EXECUTIVE SUMMARY
Recommendation to approve an Easement Agreement authorizing purchase and acceptance of a
Drainage, Access, and Maintenance Easement (Parcel 259DAME) and a Temporary Construction
Easement (Parcel 259TCE) required for the construction of storm water improvements known as
the Wing South segment of the Lely Area Stormwater Improvement Project. (Project No. 51101.)
Estimated Fiscal Impact: 5505,150.
OBJECTIVE: To purchase two easements required for construction of the "Wing South"
segment of the Lely Area Stormwater Improvement Project (hereinafter referred to as the
Project).
CONSIDERATIONS: Collier County is seeking to acquire two parcels: Parcel 259DAME, a
perpetual Drainage, Access, and Maintenance Easement, which has an area of 5.857 acres of
land; and Parcel 259TCE, a Temporary Construction Easement which contains approximately
9,888 square feet. The proposed easements (Parcels 259DAME and 259TCE) must be acquired
to construct the Project per the current design. The property owner, Wing South, Inc., has agreed
to sell at the appraised value. The attached easement agreement provides for a purchase price of
$504,900, which represents the combined appraised value of both parcels, $500,800 for
259DAME and $4,100.00 for 256TCE. Please refer to the attached appraisal report prepared by
Wilcox Appraisal Services, Inc., R. Alan Wilcox, MAI, SRA.
Staff is recommending that the Board of County Commissioners (Board) approve the
accompanying agreement for the purchase of Parcels 259DAME and 259TCE.
FISCAL IMPACT: Funds in the amount of $505,150 ($504,900 purchase price plus recording
fees of approximately $250) will be paid from the Stormwater Capital Improvement Fund under
the Lely Area Stormwater Improvement Project No. 51101. The Source of funds is ad valorem
taxes. Incremental maintenance costs for the Wing South segment of LASIP post- construction
are estimated at $8,930 per year for mowing, garbage removal and other minor "as needed"
maintenance of the area such as periodic inspections of drainage structures and cleaning.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Collier
County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - JAB
RECOMMENDATION: That the Board:
1. Approve the attached Easement Agreement and authorize its Chairman to execute same on
behalf of the Board;
2. Accept the conveyance of a Drainage, Access, and Maintenance Easement, Parcel
259DAME, and a Temporary Construction Easement, Parcel 259TCE, and authorize the
County Manager or his designee to record the conveyance instruments in the public records
of Collier County, Florida;
3. Authorize the payment of all costs and expenses that Collier County is required to pay under
the terms of the Easement Agreement to close the transaction,
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 agreement; and
5. Approve any and all budget amendments which may be required to carry out the collective
will of the Board.
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Prepared by: Karen Dancsec, Property Acquisition Specialist, Transportation Engineering
Division, Growth Management Department
Attachments: (1) Easement Agreement with Exhibits "A" and "B" (2) Location Map and (3)
Appraisal Report due to its size it is accessible at:
http: / /www.colliergov. net/ ftp/ AgendaSeptO8l5 /AppraisalReportforP
arcelNos259DAME259TCE5- 28- 15 -s.pdf
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9/8/2015 16.A.33.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.33.
Item Summary: Recommendation to approve an Easement Agreement authorizing
purchase and acceptance of a Drainage, Access, and Maintenance Easement (Parcel 259DAME)
and a Temporary Construction Easement (Parcel 259TCE) required for the construction of storm
water improvements known as the Wing South segment of the Lely Area Stormwater
Improvement Project. (Project No. 51101.) Estimated Fiscal Impact: $505,150.
Meeting Date: 9/8/2015
Prepared By
Name: DancsecKaren
Title: Property Acquisition Specialist, Growth Management Department
7/21/2015 3:46:02 PM
Submitted by
Title: Property Acquisition Specialist, Growth Management Department
Name: DancsecKaren
7/21/2015 3:46:03 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 8/11/2015 11:30:36 AM
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 8/11/2015 1:31:20 PM
Name: AhmadJav
Title: Division Director - Transportation Eng, Growth Management Department
Date: 8/12/2015 10:52:26 AM
Name: LynchDiane
Title: Supervisor - Operations, Growth Management Department
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Date: 8/14/2015 10:14:39 AM
9/8/2015 16.A.33.
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/14/2015 11:46:07 AM
Name: CoxShane
Title: Project Manager, Senior, Growth Management Department
Date: 8/14/2015 12:26:05 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/14/2015 1:06:32 PM
Name: GossardTravis
Title: Division Director - Road Maintenance, Growth Management Department
Date: 8/17/2015 8:15:07 AM
Name: KurtzGerald
Title: Project Manager, Principal, Growth Management Department
Date: 8/17/2015 9:01:24 AM
Name: WilkisonDavid
Date: 8/17/2015 5:22:45 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 8/18/2015 9:26:42 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/19/2015 10:21:06 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/19/2015 4:29:3' ) PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/21/2015 2:31:31 PM
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9/8/201516.A.33.
PROJECT: 51101 LASIP
PARCEL No(s): 259DAME and 259TCE
FOLIO No(s): Portion of 00425960000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 2015, by and between
WING SOUTH, INC., a Florida corporation F /K/A Wing South Airpark Private Villas,
Inc., a Florida corporation, whose mailing address is c/o Collier Financial, Inc., 4985
Tamiami Trail E., Naples, Florida 34113 (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 Drainage, Access and Maintenance
Easement over, under, upon and across the lands described in Exhibit "A ", which is
attached hereto and made a part of this Agreement (hereinafter referred to as the
"Drainage Easement "); and
WHEREAS, County requires a Temporary Construction Easement over, under, upon
and across the lands described in Exhibit "B ", which is attached hereto and made a part of
this Agreement (hereinafter referred to as the "Temporary Construction Easement ");
WHEREAS, Owner desires to convey the Drainage Easement and the Temporary
Construction Easement (hereinafter collectively referred to as the "Easements ") 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
Easements.
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:
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 Easements to County for the sum of:
Parcel259DAME $500,800
Parcel 259TCE 4,100
TOTAL $504,900
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 Easements conveyed, including (if applicable) all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and other
improvements (if any), and the cost to cut and cap irrigation lines (if any) extending
into the Easements, and to remove all sprinkler valves and related electrical wiring (if
any), and all other damages in connection with conveyance of said Easements to
County, including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
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3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of
any liens, exceptions and /or qualifications encumbering the Easements, the execution
of such instruments which will remove, release or subordinate such encumbrances
from the Easements 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) Drainage, Access and Maintenance Easement;
(b) Temporary Construction Easement;
(c) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the
Easements;
(d) Closing Statement;
(e) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(f) W -9 Form; and
(g) 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."
IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees
to relocate any existing irrigation system located on the Easements 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 perfomnance 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 Easements (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 Easements 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.
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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 Easements, 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 Easements 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
Easements 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 Easements or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easements, 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 is no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easements.
(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 Easements or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easements 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 Easements 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
Easements and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easements or its intended use by County.
(h) The property underlying the Easements, 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 Easements
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 Easements 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 Easements; b) any existing or
threatened environmental lien against the property underlying the
Easements; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on
the property underlying the Easements. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
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INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County against and from, and reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court,
in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred
by or asserted against the County by reason or arising out of the breach of any of
Owner's representations under paragraph 7(h). This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
9. 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 Easements;
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." In accordance with the provisions of
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall further pay all documentary stamp taxes required on the
instrument(s) of transfer, unless the Easements are acquired under threat of
condemnation.
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.
The term of the Temporary Construction Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its contractor for the construction
of the Wing South portion of the Lely Area Stormwater Improvement Project (LASIP)
Project No. 51101, and shall automatically terminate two years therefrom.
12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easements 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 Easements before the Easements
held in such capacity are 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 Easements, or any interest in the
property underlying the Easements, 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.
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9/8/2015 16.A.33.
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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:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO OWNER:
f -?
Witness (Signature)
JAI
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and legality:
Assistant County A orney
Last Revised: 02 -15 -2015
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIM NANCE, Chairman
WING SOUTH, INC., a Florida corporation
F /K/A Wing South Airpark Private Villas,
Inc,, a Florida corporation
DANIEL MURRAY. President
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