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Agenda 09/22/2015 Item #16A19 9/22/2015 16.A.19. EXECUTIVE SUMMARY Recommendation to approve easement agreements for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 124RDUE) and a Temporary Bridge Construction Easement (Parcel 124TCE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.10.3) Estimated fiscal impact: S10,980. OBJECTIVE: To acquire two easements that are necessary for the construction of a replacement bridge on White Boulevard over the Cypress Canal (the Project), being part of the Transportation Bridge Replacement Program. (Project No. 66066.10.3). CONSIDERATIONS: Collier County is seeking to purchase a 1,120 square foot, more or less, perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel 124RDUE) and a 2,903 square foot, more or less, Temporary Bridge Construction Easement (Parcel 124TCE). Parcels 124RDUE and 124TCE are part of an improved 2.5 acre parent tract owned by Holly M. Sperry,joined by her spouse, Benjamin M. Sperry (Property Owner). The improved property is located on the north side of White Boulevard and east of the Cypress Canal. The accompanying appraisal prepared by Harry C. Henderson, SRA, dated June 5, 2015, estimated the current market value of Parcels 124RDUE and 124TCE to be $2,000 and $2,100, respectively. However, this appraisal does not account for the overall costs of obtaining the subject easements should the relationship between the Property Owner and Collier County become adversarial, nor does it account for the loss of trees that the Property Owner considers compensable. The attached Temporary Bridge Construction Easement Agreement reflects an amicably-negotiated settlement amount of$8,800 including additional landscaping improvements and attorney fees. The Easement Agreement reflects the offer amount of $2,000. Had the relationship between the Property Owner and the County staff become adversarial, it is likely that an appraiser and other experts might have been brought in to manufacture additional claims; Parcels 124RDUE and 124TCE would have been taken by condemnation; and the cost to acquire the right-of-way required for the construction of the project would have risen way beyond the actual value of the right-of-way involved. Accordingly, staff is recommending that the Board of County Commissioners (Board) approve the accompanying two easement agreements for the purchase of Parcels 124RDUE and 124TCE. FISCAL IMPACT: Funds in the amount of $10,980 ($10,880 global settlement purchase price for Parcel 124RDUE and 124TCE and approximately $100 aggregate recording fees) are available in the Transportation Bridge Replacement Project No. 66066.10.3. Source of funds is gas tax. The expected actual useful service life of the new bridge is estimated to be 75 years. The bridge and all new or replacement features to be installed during the execution of the project, such as roadway and stormwater features will be new. Therefore. minimal to no maintenance costs are expected to be incurred within the first 5 to 7 years of service and will be absorbed into the regular maintenance schedule thereafter. Annual operation costs of water and/or wastewater mains replaced during the project will remain the same or decrease. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -ERP Packet Page-956- 9/22/2015 16.A.19. GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year transportation work program, the Transportation Bridge Program Project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the accompanying Easement Agreement (Parcel 124RDUE) and authorize its Chairman to execute same on behalf of the Board; 2. Approve the accompanying Temporary Bridge Construction Easement Agreement (Parcel 124TCE) and authorize its Chairman to execute same on behalf of the Board; 3. Accept the conveyance of Parcel Nos. 124RDUE and 124TCE and authorize the County Manager, or his designee,to record the conveyance instruments in the public records of Collier County,Florida; 4. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of both the Easement Agreement and the Temporary Bridge Construction Easement Agreement to close the transaction. 5. 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 these agreements; and 6. Authorize any and all budget amendments required to carry out the collective will of the Board. Prepared by: Sonja Stephenson, Property Acquisition Specialist, Transportation Engineering Division, Growth Management Department Attachments: 1)Easement Agreement, 2)Temporary Bridge Construction Easement Agreement, 3) Property Location Map and 4)Appraisal Report dated June 5, 2015 Packet Page -957- 9/22/2015 16.A.19. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.19. Item Summary: Recommendation to approve easement agreements for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 124RDUE) and a Temporary Bridge Construction Easement (Parcel 124TCE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.10.3) Estimated fiscal impact: $10,980. Meeting Date: 9/22/2015 Prepared By Name: StephensonSonja Title: Property Acquisition Specialist, Growth Management Department 8/25/2015 11:06:53 AM Submitted by Title:Property Acquisition Specialist. Growth Management Department Name: StephensonSonja 8/25/2015 11:06:54 AM Approved By Name: BoschRobert Title: Operations Analyst, Senior. Growth Management Department Date: 8/25/2015 5:55:55 PM Name: PutaansuuGary Title: Project Manager. Principal, Growth Management Department Date: 8/26/2015 7:12:08 AM Name: Ahmadlav Title: Division Director-Transportation Eng. Growth Management Department Date: 8/26/2015 7:26:29 AM Name: LynchDiane Title: Supervisor-Operations, Growth Management Department Packet Page -958- 9/22/2015 16.A.19. Date: 8/27/2015 6:41:34 PM Name: KearnsAllison Title: Manager Financial &Operational Support, Growth Management Department Date: 8/30/2015 8:30:45 PM Name: GossardTravis Title: Division Director-Road Maintenance, Growth Management Department Date: 8/31/2015 8:29:19 AM Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 8/31/2015 9:22:54 AM Name: TaylorLisa Title: Management/Budget Analyst, Senior, Growth Management Department Date: 8/31/2015 1:26:50 PM Name: StoltsAnthony Title: Project Manager, Senior, Growth Management Department Date: 8/31/2015 3:37:37 PM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 9/1/2015 5:02:56 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 9/8/2015 10:42:07 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/9/2015 3:32:09 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 9/10/2015 3:30:43 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/11/2015 10:40:29 AM Packet Page -959- 9/22/2015 16.A.19. PROJECT: 66066—White Blvd.and Cypress Canal Bridge PARCEL No(s): 124RDUE FOLIO No(s): Portion of 37341000004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 9Atimday of t1Sk' 2015, by and between HOLLY M. SPERRY, joined by her husband, B JAMIN M. SPERRY, whose mailing address is 875 313t St. SW, Naples, Florida 34117 (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 Road Right-of-Way, Drainage and Utility 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"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: $2,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said aggregate payment of $2,000.00 (representing Owner's proceeds, attorney fees and all other costs) shall be paid at closing by County Warrant or funds wire transfer to Porter Wright Morris & Arthur LLP, c/o Patrick G. White, Esquire, Trust Account, 9132 Strada Place, 3`d Floor, Naples, FL 34108, and shall be full compensation for the Easement conveyed, including 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 Easement, and to remove all sprinkler valves and related electrical wiring Of 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 Packet Page -960- 0 9/22/2015 16.A.19. Page 2 where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a)Road Right-of-way, Drainage and Utility 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. 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 Packet Page -961- 9/22/2015 16.A.19. Page 3 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 underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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. Packet Page -962- 9/22/2015 16.A.19. Page 4 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." 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 Easement is 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. 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, 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. Packet Page -963- 9/22/2015 16.A.19. Page 5 16. VENUE -This Agreement is governed and construed rda with the laws f olio Cvi�suucu in ai'.wivanC.2 vvan the �avvs v� 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE,Chairman AS TO OWNER DATED:�( .t L.. I GOL ..A1 : At' L., Witness(signature) all M. .• Ty l u I .. ir1 4 Na e - int or T pe) ` i \'1..tLA•-•`, AL ■ ti Wi = s(Signet e) ■\e_\\ Na e �y(Print or Type) I, !. 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PROJECT: 66066—White Blvd and Cypress Canal Bridge PARCEL No(s): 124TCE FOLIO No(s): Portion of 37341000004 TEMPORARY BRIDGE CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT hereinafter referred to as the "Agreement") ") is made and entered into on this `�*day of 20,15 , by and between HOLLY M.SPERRY,joined by her husband, NJAMIN M. SPERRY, whose mailing address is 875 31ST St. SW, Naples, Florida 34117, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as"County"),whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112. WHEREAS, County requires a Temporary 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 "Easement") for the purpose of constructing a temporary bridge over the Cypress Canal during the period of time that the existing bridge on White Boulevard over the Cypress Canal is being replaced; and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein, and is fully aware and acknowledges that any and all vegetation and / or improvements that are presently located within the Temporary Easement area will be removed and disposed by County and / or County's bridge contractor and will not be replaced either on Owner's remainder property nor in the Temporary Easement area once the temporary bridge is removed; 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: $8,880.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 7 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said aggregate payment of$8,800.00 (representing Owner's proceeds, attorney fees and all other costs)shall be paid at closing by County Warrant or funds wire transfer to Porter Wright Morris & Arthur LLP, c/o Patrick G. White, Esquire, Trust Account, 9132 Strada Place, 3rd Floor, Naples, FL 3410, and 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 (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' • Packet Page-967- - 9/22/2015 16.A.19. Page 2 fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 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 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)Temporary Bridge Construction 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. 3. 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." 4. 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. 5. 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 Packet Page -968- 9/22/2015 16.A.19. Page 3 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 underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. 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 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7 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 mortgagees 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, CA Packet Page -969- 9/22/2015 16.A.19. Page 4 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 Easement is acquired under threat of condemnation. 8. EASEMENT TERM AND PURPOSE - Owner agrees to grant the Easement to County for the purpose of allowing County and its contractor(s) to construct a temporary bridge over the Cypress Canal during the period of time required to replace the existing bridge on White Boulevard over the Cypress Canal, to remove the temporary bridge once the new bridge construction over the Cypress Canal is complete, and to construct new residential driveway aprons so that the subject properties will transition from their current elevation to the elevation of the new pavement immediately adjacent thereto. Owner acknowledges and specifically permits Florida Power and Light Company to temporarily relocate its poles and wires to the northerly five (5) feet of the Easement area as part of County's bridge replacement project, with the understanding that said poles and wires will be removed from the Easement area as part of the removal of County's temporary bridge. The rights granted under the provisions of this Agreement include the right to trim tree branches at the easement line as high above ground as is necessary to prevent conflict with the electrical wiring. The term of the Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of the temporary bridge, and shall automatically terminate 1,095 days therefrom. 9. 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. 10. 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, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. ENTIRE AGREEMENT- Conveyance of the Easement by Owner,or any interest in the property underlying the Easement, 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, 12, 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, Packet Page -970- 9/22/2015 16.A.19. Page 5 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. 13, 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. 14, 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE,Chairman AS TO OWNER: DA ED: .4 cJ / a eV Al . Wi •ess (Sign ure) HsIIy . Seer. c X\r Tcx. 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Location Map 66066 —White Blvd and Cypress Canal Bridge Parcel 124RDUE & Parcel 124TCE wtwita.vo Packet Page -974- 9/22/2015 16.A.19. SHORT FORM APPRAISAL-COLLIER COUNTY GROWTH MANAGEMENT DIVISION-TRANSPORTATION ROW (1 PROJECT NAME:White Blvd/Cypress Canal Bridge Replacement PARCEL NUMBER:124RDUE,124r CE �I PARENT TRACT SIZE:2.50 acres OWNER'S NAME:Sperry,Holly M Tax Folio:37341000004 Property Address:875 31st SW,Naples,FL PURPOSE OF THE APPRAISAL: To estimate the market value of the unencumbered fee simple interest of the subject property parent tract lands and effected improvements(if any),and to estimate the compensation due the property owner(current record title holder of the fee simple interest in the property)by reason of the proposed permanent and temporary easements associated with the bridge replacement project. The Scope of the Appraisal includes a valuation of the parent tract("as improved",if deemed necessary)using verified market data and an estimate of the contributory value of items in the take using cost manuals and/or local contractors/landscape pricing experts.The remainder property(its condition after the proposed easement acquisition)is also analyzed as to the possible damages and related cures including minor"costs to cure".A set-back study conducted by Alan Wilcox,MAI was consulted with respect to possible damages caused by reduced front yard set-backs. MARKET VALUE DEFINED: The most probable price,as of a specified date,in cash or in terms equivalent to cash,or in other precisely revealed terms,for which a property would sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale,with the buyer and the seller each acting prudently,knowledgeably,and for self interest,and assuming that neither is under any undue stimulus to act. LEGAL DESCRIPTION:Golden Gate Estates Unit 15 S112 of Tract 16(Parent Tract) SEE ATTACHED LEGAL SKETCH AND DESCRIPTION FOR PARCEL TO BE ACQUIRED. PROPERTY HISTORY:The subject property last sold in July 2012 for$242,000 PRESENT ZONING:E-Estates FUTURE LAND USE:Estates HIGHEST AND BEST USE(if vacant):Based upon an analysis of the subject property and its environs(with consideration given to zoning, physical aspects of the subject property,economic/market trends)the maximally productive use of the subject property would be for single-family Estates type residential development. As Improved:The subject tract is improved with a single-family home which is judged to reflect Highest&Best Use,as improved. DESCRIPTION OF SUBJECT PROPERTY: The subject property is located in the"close-in"section of the Golden Gate Estates in greater Naples.The site is located on the northwest corner of 31st St SW and White Blvd;it is a square shaped site which is improved with an approximately 2200sf single-family home. The proposed permanent easement parcel is small and confined to the southwest corner of the property(away from the home.These proposed easement parcels do not materially impact the house or its utility.Since the home improvements are not affected by this easement parcel only land and affected site improvements are considered in this analysis. DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS:The Following Land Sales are used to estimate the value of the subject property lands using the Sales Comparison Approach: 1. 37401st Ave NW,Naples,FL Sale Price:$140,000 Sale Date:02115 2. 661 31st St NW,Naples,FL Sale Price:$126,000 Sale Date:05/15 I 3. 3391 7th Ave SW,Naples,FL Sale Price:$145,000 Sale Date:05/15 Packet Page -975- 9/22/2015 16.A.19. SHORT FORM APPRAISAL-COLLIER COUNTY GROWTH MANAGEMENT DIVSION DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: Sale#1 involves a 2.73 acre tract located in the"dose-in"Golden Gate Estates area of greater Naples just north of Golden Gate Blvd.E-Estates zoning.The site topography is level and naturally vegetated.Its sale price of$140,000 reflects a unit price($lacre)of$51,282/acre. Sale#2 involves a 2.27 acre tract located in the"close-in"Golden Gate Estates area of greater Naples.E-Estates zoning.The site topography is level and naturally vegetated(with a drainage canal at its rear border).Its sale price of$126,000 reflects a unit price($/acre)of$55,507/acre. Sale#3 involves a 2.58 acre tract located in the"dose-in"Golden Gate Estates area of greater Naples.E-Estates zoning.The site topography is level and partially cleared.Its sale price of$145,000 reflects a unit price($/acre)of$56,201/acre. The sales cited show a unit/price range of$51,282/acre to$56,201/acre. The upper-end of the indicated price range is given most weight in consideration of steady price appreciation currently being observed in this market. A unit/price of$56,000/acre(or$1.28/sf)is selected as most reasonable for the subject lands. Value Estimate,Parent Tract Lands:2.50 acres x$56,000/acre=$140,000. (market exposure period of 160 days assumed) Proposed Taking Parcel,124RDUE:The proposed permanent easement acquisition parcel is a roadway,drainage and utility easement having a total area of 1120 sf.It is mostly rectangular in shape and located along the subject properties road frontage on White Blvd.The encumbrance associated with this type of RDUE easement is judged to be 99%of the fee simple interest(the remaining1%interest retained by the fee owner contributes to gross area calculations).For compensation purposes,the proposed easement area is therefore valued as follows: 1120 sf x$1.28sf x 99%_$1,400(rounded) Site improvements located within the proposed easement area are limited to grading and minor landscape items(native).The contributory value of site improvement is estimated to be$600. Proposed Taking Parcel 124TCE: This is a Temporary Construction Easement needed for the Bridge Replacement Project. It has an elongated shape aligned along the existing White Blvd ROW;it covers an area of 2858 sf.Its proposed term is 3 yrs.Using a land capitalization rate of 10%this proposed TCE would be valued as follows: 2858 sf x$1.28/sf x 10%x 3 yrs=$1,100(rounded). Site improvements located within the proposed TCE area which will likely be impacted by the TCE are limited to native landscaping;this landscaping is estimated to have a contributory value of$1000. No damages or net costs to cure are associated with these easement acquisition parcels. SUMMARY OF VALUES:Parcel 124RDUE Parcel 124TCE TOTAL LAND VALUE $ 1,400 $1,100 TOTAL VALUE OF IMPROVEMENTS ....$ 600 $1,000 Damages: $ 0 0 TOTAL COMPENSATION .$ 2,000 $2,100 $4,100 Page 2 Packet Page-976- 9/22/2015 16.A.19. SHORT FORM APPRAISAL-COLLIER COUNTY GROWTH MANAGEMENT DIVSION LAST PROPERTY INSPECTION DATE:06/0512015 DATE OF VALUE:0610512015 SIGNATURE OF APPRAISER: '• - APPRAISERS NAME: I have not previously provided appraisal services involving the subject property.I have no past,current or contemplated future interest in the subject property. CERTIFICATE OF APPRAISAL I hereby certify that,to the best of my knowledge and belief,... The statements of fact contained in this report are true and correct. The reported analysis,opinions,and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal. unbiased professional analyses,opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report,and I have no personal interest or bias with respect to the parties involved. My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of my employer_the amount of the value estimate.the attainment of a stipulated result.or the occurrence of a subsequent event. My analyses, opinions and conclusions were developed, and this report has been prepared. in conformity with the Uniform Standards of Professional Appraisal Practice. Acceptance and utilization of this appraisal report, or any portion thereof, constitutes acknowledgment and acceptance of all the General Assumptions and Special Conditions contained herein. I have made a personal inspection of the property which is the subject of this report. Unless specifically mentioned in the body of the report, and only to the extent mentioned, no one other than the undersigned contributed any significant assistance in developing the analyses.assumptions and conclusions contained in this report. t Harry Henderson.SRA Review Appraiser Collier County.Florida RD3475 Page 3 Packet Page -977- ! 9/22/2015 16.A.19. • , ra ›,,,,,,,,.,,... = 0 ' 1 - ;— .• ,, ,......,4,„, ....., .. , ;„...,../.5„..... .„,. ,....; :........,..... c.,,,„,....... :i'.. ■V '° !PC14,57.$30 '... g.' ...4 a; - -z '-.2. - 1 1 ( 1 r• ',(" 1' c,, A* 1 I-- C.) i 2 :..1 1 u.J zfr- - 0 .1-, 1 , f.cy 4,- ,-,. 1..J 40. 1 ,4«.4.,r,j •fr , ti .,_, ›^. .,.. ,....i P, ,..,,,it/1, ■r 1 L) LC, i , ,-- Cr'i- tr) 4 .,,,... *• '—2 (/' -;?, ,_,6 :,.-,-..) , "'"'V)C.-' , i•C ,-- , ....1 , •1.7 -... ,.../ -d .1: i cr ,,:, - HO _,...-, i •J 41/4.., .."--ih. 0 4 ,C, ,■ „„„, "IlL Mg, 11 '7'1 Cti :014.tI 1 v-,g4, I•-•*-1, a:a 'i: E 7,, L174 1 1111111111111111111111111 g,,,,t ..r I .,....- ... ...,.., I ....- ,.., _In „, 1,-,, ,,• t n'r I ---v) - I -,- 1 ,...,..: . . . 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Property Summary Parcel No. 37341000004 Site Adr. 875 3151 ST SW Name/Address SPERRY,HOLLY NI 875 31ST ST SW City NAPLES State FL Zip 34117-3115 Map No. Strap No. Section Township Range Acres *Estimated 4813 330400 16 4813 13 49 25 2.5 Legal GOLDEN GATE EST UNIT 15 5112 TRACT 16 Iljf,m;?_0 286 MihaoelLatvl•.,0 *CaLcmletic.rs; Sub./Condo 330400-GOLDEN GATE EST UNIT 19 School Other Total .".Ipti,t10 1 - SINGLE FAMILY RESIDENTIAL 5.55 6.2197 11.7937 Latest Saies History 2014 Certified lax Roil (hint all Sales are listed Ci ltt,to Conituentlatity) (Subject to Chancel Date gook-Pape Amount Land Value S 36,750 07111/12 ila/'2-7E S 242,000 (+) Improved Value S 190,282 3221032 051:1313 1 •-, Si.31.,E.' Cgf, kOrTli 5 LI.»"..:5. ;-„,r., Y.. :::. :15,301: .f.:2L ,7_1.. :7: ,':', • -- i-, ,--,...,..,:t,,,,,,,e. :-.,21,013 .L1/7:. `7/_ S',„ _:,',1 .:•' S 0 4:,,,c.,,ri't;ona; 1,(..Tme5tea:72 S 25.033 gei m-_ tp:'tl'1,11.'l.coll ierappraisencomimain_search!Recorddetai Lin!, 17341000004 6/11'201