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Agenda 06/22/2010 Item #16D 2 Agenda Item No. 16D2 June 22, 2010 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve and execute documents necessary for the conveyance to the City of Naples of water utility facilities located at Sugden Park, at a cost not to exceed $50, Project 80007.1. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to convey water utility facilities to the City of Naples Utilities Department for Project 80007.1. CONSIDERATION: On June 9, 2009, approval was given by the Board of County Commissioners to proceed with the construction on the Sugden Park Water Ski Center & Sailing Center Project. Within the projected scope of work the project included the installation of a new fire hydrant located on site. The facilities constructed are located within the Outer Drive right-of- way and adjacent to Sugden Park and consist of a new connection to the existing water main service to provide water flow to the new fire hydrant and appurtenances thereto. City of Naples Utilities Department is currently providing the water and wastewater utility services in the area and will be providing the additional water utility service to the newly installed fire hydrant at Sugden Park. As a condition to providing these additional services, the potable water line facilities constructed by the County and running from Sugden Park within the Outer Drive right-of-way to a connection point with the City of Naples' Utilities, are to be conveyed to the City of Naples for future service and maintenance on the lines. A location map is attached for reference. FISCAL IMPACT: The costs associated with the infrastructure installed and the related construction totals $23,278.80 paid from the budget under Project 80007.1. The totai cost for recording the City of Naples required documents and obtaining necessary certified copies will not exceed $50. Funds in the amount of $50 are available in the budget under Project 80007.1. The County will also be responsible for future related water utility charges. GROWTH MANAGEMENT IMPACT: Sugden Park is inventoried in the Collier County Growth Management Plan. The conveyance of these facilities is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: The Bill of Sale and Owner's Affidavit documents have been reviewed and approved for form and legal sufficiency by the County Attorney's Office. The documents used are City of Naples approved forms and have been conceptually approved by the City Attorney. - JBW RECOMMENDATION: That the Board approves the Owner's Affidavit, and Bill of Sale, and authorizes the Chairman to execute the aforementioned documents; and also for the Board to direct the County Manager or his designee to proceed to follow all appropriate closing procedures and to record the aforementioned documents in the Public Records of Collier County, Florida. PREPARED BY: Sue Jim Zimmerman, Property Acquisition Specialist; Real Estate Services, Department of Facilities Management Agenda Item No. 16D2 June 22, 2010 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Recommendation to approve and execute documents necessary for the conveyance to the City of Naples of water utility facilities located at Sugden Park, at a cost not to exceed $50, Project 80007.1. 6/22/20109:00:00 AM Meeting Date: Prepared By Sue Zimmerman Property Acquisition Specialist Date Administrative Services Division Facilities Management 6/4/20109:56:52 AM Approved By Gary McAlpin Director - Coastal Management Programs Date Public Services Division Coastal Zone Management 6/4/201010:15 AM Approved By Toni A. Mott Manager - Property Acquisition & Const M Date Administrative Services Division Facilities Management 5/4/201010:25 AM Approved By Skip Camp, C.F.M. Director - Facilities Management Date Administrative Services Division Facilities Management 6/8/20107:43 AM Approved By Clinton Perryman Project Manager Date Public Services Division Coastal Zone Management 5/8/201010:42 AM Approved By Marla Ramsey Administrator ~ Public Services Date Public Services Division Public Services Division 6/8/2010 2:08 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 6/9/20103:45 PM Approved By Jeff Klatzkow County Attorney Date 6/11/20103:19 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Agenda Item No. 1602 June 22, 2010 Page 3 of 11 Office of Management & Budget Office of Management & Budget 6/11/20108:50 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 6/12/201011 :33 AM PROJECT: SUGDEN P ARK UTILITIES FOLIO #: 00392840004 Agenda Item No. 1602 June 22, 2010 Page 4 of 11 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the utility facilities described herein is made this _ day of June, 2010. by COLLIER COUNTY. a political subdivision of the State of Florida (hereinafter referred to as "SELLER"). and the CITY OF NAPLES. its successors and assigns (hereinafter referred to as "BUYER"). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted. bargained. sold, transferred. set over and delivered, and by these presents does grant, bargain, sell. transfer, set over and deliver unto the Buyer. and the Buyer's heirs, successors and assigns forever, all those certain water utility facilities lying within the following described land, together with appurtenant easement right for the operation, installation and maintenance of said facilities. situate. iying and being in Collier County, Florida, to-wit: Exhibit "AU The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whosoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, SELLER has caused these present to be executed the date and year above written. Signed and delivered in our presence: ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk FRED W. COYLE. Chairman Approved as to form and legal sufficiency: ~t>\J~ Jennifer B. White. Assistant County Attorney PROJECT: SUGDEN PARK UTILITIES FOLIO It: 00392840004 Agenda Item No. 1602 June 22, 2010 Page 5 of 11 "EXHIBIT An 445 linear feet of 8" PVC Water Main installed within the Road Right-of-Way of Outer Drive between the intersections of Outer Drive and Orchard Lane and Outef Drive and Lombardy Lane, as shown on the plan attached hereto and made a part hereof. EXHIBIT A Page I of ~ I -\ \ \ ".1 I \ \ ~..I \ \1 '\\' \ ~ \\ \',\ \\ \ I \' \ ,. I \ ',~\ \ 1'" ",,'" \ \ '~~ \ I ...." 1"\ \ ',', \:' \ .... \ ....-;-., ... ~ I \' " " '~ \ \ ',', ' \ \ ....'" .... ,,,,, \ \ ,,'\. ...." I ~I ...., " ~.', "',,, I \ .... ...'~ .... ,~ \ ...."" Odor.... ' \ \ .... .... ~-" ....., \ \. A-4"'"<J'''' \ I \ ... ... ~" 'to- \ ! , ' " " 0 " ,~ ,\\1! ",,~ I \ ", \'1 ~'~' ' 1 \ I. ........" " '\ .. f" \ \ \ . I .... " " I I \ ' ' ' \ \\ .' Iii ,,'-,', I I \, .." '. \ \ I ',\ ' \ '\ \ 1\ Ii' \ \ .' II \ \ I' \ \ \ \ I , I I, \ I I' , \ I \ I' " I I I"" I I I \ \ \ \\ \g \ 1 : ! \\:5 I i I! it i 1 i I.illllti= v ! ~ i : IIIIII ~! ~I& .IWi 121 ~!'Ii !~I'I llB siJ. MI! fg) "",' It.. _ J -, --~ (__I ~-, __..-J ___...l \ --, ..--"'\ --, --. -~\ ---- .......~ ,-' \,...-, _"'\ --_-\ __...l I ---, -......1 ---' ____J I -, --, " t;jg ~~ EXHIBIT A Page a..- of a... t:f A ' genda Item N ' 0.16'02 June 22 2' p ,010 age 6 of 11 II.! III. I m Agenda Item No. 1602 June 22, 2010 Page 7 of 11 OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned Deputy Clerk, on this day appeared FRED W. COYLE, who to me is well known, and having been duly attested, deposes and states: My name is FRED W. COYLE. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein. I am the Chairman of the Board of County Commissioners for Collier County, a political subdivision of the State of Florida (the "Owner") and owner of said road right- of-way located at Outer Drive and described on Exhibit "A" attached hereto and incorporated by reference herein ("Property"). This Affidavit is given as an inducement to the City of Naples. Florida, a municipal corporation of the state of Florida (the "City") to accept the dedication or conveyance of the water utility system(s) or portion[s) thereof ("Utility System(s)") located within or upon the road right-of-way described in Exhibit "A" attached hereto and incorporated by reference herein, said land being located in Collier County of Florida (the "Property"). All persons, firms, and corporations, including the general contractor, all laborers, subcontractors and sub-subcontractors, material-men and suppliers, who have furnished services, labor or materials according to the plans and specifications, or extra items, used in the construction. installation and/or repair of the Utility Systems on the Property, have been paid in full and that such work has been fully completed and unconditionally accepted by the Owner. No claims have been made to the Owner by, nor are any suit now pending on behalf of, any contractor, subcontractors, laborer or material-man, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the utility System Is) placed upon or installed in, above or on the Property. Title to the subject utility Systern[s) or portion Is) thereof and/or easement(s), being conveyed to the City of Naples are encumbered by the following liens and mortgages of record: NONE. As and on behalf of the Owner, does for valuable consideration hereby agree and guarantee, to hold the City of Naples, Florida, a municipal corporation of the State of Florida. harmless against any lien. claim or suit by any general contractor. subcontractor, mechanic or material-man, and against chattel mortgages. security interests or repair of the Utility System(s). Affiant is used as singular or plural, as the context requires. FURTHER AFFIANT SA YETH NAUGHT. Dated this day of June, 2010. Signed and delivered in our presence: ATTEST: DWIGHT E. BROCK , Deputy Clerk Approved as to form and legal sufficiency: ~?)'"'0~ Jennifer B. White, Assistant County Attorney Agenda Item No. 1602 June 22, 2010 Page 8 of 11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE. Chairman PROJECT: SUGDEN PARK UTILITIES FOLIO #: 00392840004 Agenda Item No. 1602 June 22, 2010 Page 9 of 11 "EXHIBIT An 445 linear feet of 8" PVC Water Main installed within the Road Right-of-Way of Outer Drive between the intersections of Outer Drive and Orchard Lane and Outer Drive and Lombardy Lane, as shown on the plan attached hereto and made a part hereof. EXHIBIT A Page--Lof ;:;;t ..~ \ . \ \ \ \ I i I \ m\\ , . \ \ \ IIII''' I \ \ , \ \ ,1,\,1\.' I \, 11 .'~I \ I ,\, ' \, 11' ,.. ., I Il':I ' ~ \, 111\'\ 1\ 1!21 . ). ' ,'. III I \1' , \ " " \ \\\i~\ ,\ L ',"',' ,1I.i,l'1 .., , "\ I I I t----~~~.:;. \ \ \ \\.\1\1.\\-'1, . \ I \\I'I\lll::..--.l....:-.:.. 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