Agenda 09/11/2012 Item #16D 1Recommendation to approve the purchase of a perl
Parcel 99999 - 252BSE) for the amount of $7,100 co
existing Collier Area Transit Bus Shelter located on
its intersection with Tamiami Trail East.
2,; Its `r
non - exclusive easement (Miscellaneous
g 120 square feet more or less for an
.rd Street approximately 135 feet from
OBJECTIVE: To obtain Board approval of an asement Agreement for acquisition of an
easement across the 120 square feet more or less of private property upon which the Collier Area
Transit Bus Shelter located on Broward Street was b ilt.
CONSIDERATIONS: The existing Collier Area Transit Bus Shelter located on Broward Street
was constructed on a portion of private property identified by folio number 62250360004 and
belonging to MAX CAP, INC., a Florida corporation. A purchase agreement in the amount of
$6,546 has been negotiated with the property owner for acquisition of a perpetual, non - exclusive
easement across that portion of property upon which he bus shelter was built.
FISCAL IMPACT: The fiscal impact is in an amount not to exceed $7,100 and includes the
$6,546 negotiated purchase price as well as lender subordination fees and recording fees not to
exceed a total of $554 and will be charged to the CAT Operating fund: 426- 138336- 761200-
61011.1.
GROWTH MANAGEMENT IMPACT: There is� no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item nas be n reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action, and requires a majority vote for approval
RECOMMENDATION: That the Board of County l Commissioners of Collier County, Florida:
1. Approve the attached Easement Agreement and
Zr
behalf of the Board;
2. Accept the conveyance of right -of -way Parce
Manager or his designee to record same in the pu
3. Authorize the payment of all costs and expenses i
4. Authorize the County Manager or his designee t
County's performance in accordance with the ten
5. Authorize any and all budget amendments reqt
Board.
Prepared by: Michelle Arnold, Alternative
Attachments: (1) Easement Agreement (complete
its Chairman to execute same on
No. 252BSE and authorize the County
lie records of Collier County, Florida;
- cessary to close the transaction;
take the necessary measures to ensure the
is and conditions of the Agreement; and
red to carry out the collective will of the
on Modes Director
Exhibit "A")
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COLLIER COUNTY
Board of County Corinmissioners
Item Number: 16.D.1.
Item Summary: Recommendation to approve he purchase of a perpetual, non - exclusive
easement (Miscellaneous Parcel 99999- 252BSE) for the amount of $7,100 containing 120
square feet more or less for an existing Collier Area Transit Bus Shelter located on Broward
Street approximately 135 feet from its intersection ith Tamiami Trail East.
Meeting Date: 9/11/2012
Prepared By
Name: SilleryTessie
Title: Operations Coordinator,Alternative Transportation
7/16/2012 3:51:09 PM
Submitted by
Title: Director - Alt Transportation Modes,Alternative Tr
Name: ArnoldMichelle
7/16/2012 3:5 1: 112 PM
Approved By
Name: SotoCaroline
Title: Management /Budget Analyst,Transportation Admir�i
Date: 7/17/2012 8:24:11 AM
Name: ShueGene
Date: 7/20/2012 8:39:47 AM
Name: ArrnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 8/8/2012 10:55:11 AM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 8/13/2012 9:20:37 AM
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9/11/2012 Item 1 ' .
Name: CarterGlama
Title: Manager - Public Transit,Alternative Transportation Modes
Date: 8/15/2012 10:29:44 AM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 8/17/2012 9:34:27 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 8/28/2012 5:09:42 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 8/29/2012 8:45:28 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/29/2012 11:42:51 AM
Naive: KlatzkowJeff
Title: County Attorney
Date: 8/29/2012 3:48:03 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 11:29:37 AM
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PROJECT: Miscellaneous #99999
PARCEL: 252BSE
FOLIO: Portion of 62250360004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this _�'�rD day of J�'��L 20Zz�__ by and between
MAX CAP, INC., a Florida corporation, whose thailing address is c/o Palm Car Wash,
11345 Tamiami Trail East, 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 Perpetual, Non - exclusive Easement for the purpose of
maintaining and /or replacing a Collier Area Transit Bus Shelter 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. 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. Owner shall convey the Easement to County for the sum of:
$6,546.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of
this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including 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,
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'
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their recording
in the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy
of any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents ").
(a) Bus Shelter Easement instrument;
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9 'l:'2012 1ter -, 16.[D. I
-age _
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the Bus
Shelter 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. 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. 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.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
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gr� F /2CI1_2 Items 16.C'.`.
_a
:�'aae
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) To the best of Owner's knowledge, 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.
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.
B. 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 pad
reasonable processing fees required by lien - holders and /or easement - holders ir.
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."
9. 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. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
10. 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.
11. 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
pedury, of the name and address of every person having a beneficial interest in the
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9" 1/201"- Item 16.D.I.
Page L I
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.)
12. 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.
13. 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. 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
FRED W. COYLE, Chairman
AS TO OWNER:
MAX CAP, INC., a Florida corporation
DATED:
Witness (Signature)
orge B. Atkinson, Vice PresMent
l of
Nam ,(Print or
Witness (Signat re)
Name (Print or Type)
Approved as to form and
legal sufficiency:
E. waIC'
Assistant County Attorney
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SKETCH AND DESC ROP5 Tom
BUS SHELTER FQSE[ ENT
A PART OF LOT 10 BLACK ONE OF NAPLES MANOR LAKES,��� �j
A SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGES 86 AND 87 wGji�w�
OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, �� of,.L.
LEGAL DESCRIPTION
A PART OF LOT 10, BLOCK ONE OF NAPLES MANOR LAM, A SUBDMSION AS
RECORDED IN PLAT BOOK 3, PAGES 85 AND ST OF THE PUBLIC RECORDS
OF COWER COUNTY, FLORIDA BEING MORE PARMULARLY DESCRIBED AS FOLLOWS.
com ENCING AT THE POINT OF INTERSECTION (P.1.) OF THE moRTiEASTERLY
MOKA F-YIMY LINE OF TAML4W TRAIL. (U A.41) AND THE SOI THEASTEMY
RIGHT- OFMIMY LINE OF BROVMRD STREET AT LOT 10 BLOCK ONE. RUN N50 W35"E
ALONG THE SOUTHMMESTERLY RIGHT40FMYAY LINE OF BROVWRD STREET 115.00 FEET
TO THE POINT OF BEGINNING: THENCE CONTINUE ALONG SAID LIE N50'533M
2000 FEET, THENCE LEAVING SAID LINE Swr 25E 6.00 FEET: THENCE S50'4335'W
20.00 FEET, THENCE N38'062VW 6.00 FEET TO A POINT ON THE SOUTHEASTERLY
RIGHT-OF-My OF BROWARD STREET AND THE POINT OF BEGINNING OF THE
EASEMENT HEREIN DESCRIBED.
CONTAINING 120.00 SQUARE FEET MORE OR LESS,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
DIAL IIOTis
1. DIMENSIONS ARE IN FEET AND DECW.LS T HEREOF.
2. BEARINGS ARE BASED ON TIE NORTH LINE
OF SAID LOT 10, BEND NORTH W5335 EAST.
3. BEARINGS ARE BASED ON STATE PLANE COORDINATE
SYTEM, FLA EAST ZONE, D 09W
4. NOT VAUD WITHOUT THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER
5. ABSTRACT NOT REVIEI ED
6. LEGEND:
POINT OF INTERSECTION
of.
P.1■
P.O.B. - POINT OF BEGINNING
P.O.C. - PONT OF COMMENCEMENT
�3•�
�1
F.P.L. - FLORIDA PORRNER AND LIGHT
P.O.S.
V�
y,�PF
r_ y�
LOT 10
BLOCK ONE
EMISIT W
PAGE 1_OF 1_
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P.O.C. `
P.I.
\ THIS IS NOT A SURVEY /
PRR�ARED BY:
LOT 11
� Y FL,ORUDM� aiu �LSaeo� '. '
\ ROw oOUNTYSURVEYOR
COLLIER COUNTY
.s Growth MlompffTent Division
Road Mlakftnoce Depa kwd
• �� � Pl 5 omwb 2dS 0 Fax 7ft Nm*mm FW 34104
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