Backup Documents 06/25/2013 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 A 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office - Emily Pepin County Attorney Office
4. BCC Office Board of County n
Commissioners �( bi (;i) 673 S
5. Minutes and Records Clerk of Court's Office
-MN 'i 1t ff3 (2:34pm
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Rebecca Harding, ,Transportation Phone Number 252-5805
Contact/ Department Engineering,RO Acquisitions
Agenda Date Item was Agenda Item Number
Approved by the BCC June 25,2013 16.A.1.
Type of Document 1)Easement Agreement;and Number of Original
Attached 2)Temporary Easement Agreement Documents Attached 2 � � crZ`x .
PO number or account
number if document is /� /
to be recorded / V(/
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? /A
2. Does the document need to be sent to another agency for additional signatures? If yes, J /
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. /V/A-
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's 4///9-
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/25/2013 (enter date)and all changes N/A is not
made during the meeting have been incorporated in the attached document. The 0 an option for
County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the 1 N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the s, an option for
Chairman's signature. this line.
16A1
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday,July 05, 2013 10:29 AM
To: Harding, Rebecca
Subject: June 25 BCC Meeting Item #16A1
Attachments: Parcel 273DE.pdf; Parcel 273TCE.pdf
Hi Rebecca,
Attached for your records a copies of the Drainage Easement Agreement (2730E)and
Temporary Easement Agreement (273TCE)for Haldeman Creek & Crown Pointe Weirs
LASIP Project #51101 (19B)with property owners Alfred & Elizabeth Gallo,
approved at the June 25, 2013 BCC Meeting under Agenda Item #16A1.
Have a nice weekend!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
16A1
PROJECT: Haldeman Creek&Crown Pointe Weirs—LASIP 51101 (19B)
PARCEL NO: 273DE
FOLIO NO: 74380000387
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on thisr'y{`"day of IV V-\ , 20 t , , by and between
ALFRED GALLO and ELIZABETH GALLO, husband and wife, whose mailing address is
230 Fawn Lake Drive, Hawley, PA 18428 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as"County").
WHEREAS, County requires a perpetual, non-exclusive drainage 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. 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:
$1,950.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
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) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
16A1 1
Page 2
(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 agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system 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, the 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 the Improvements and yet County
is willing to permit Owner to salvage the 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. 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. 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,
16x1
Page 3
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. 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. 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."
�9
Page
416A .
10. 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. 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. 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. Of 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. 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. 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.
15. 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: 1.)'€.-261'
ATTEST 1.; BOAR OF C UN1'COMMISSIONERS
DWIGHT E.'BROCK Clerk COLLIER O!1NT", FLORIDA
I
:.. . ' 401P-C.
BY
I putyClerk G } /HILLER, Esq.
,estdt0 airman's
Chai Tomah'
3 signature 01*
16 A 1
Page 5
AS TO OWNER:
DATED: CJ'1,;:?...3 20/3
7-; ~4-- 3-.��'-^^,=�
Name(Print or Type)
Witness (Signature)
�^^
L�* Nov:5
Name(Print or Type)
n
/ ' (�� `
M��s(Gignatune) ELIZAB , GALLO \J
�1.4x-1.-.c.,,,,'-°~/
Name(Print or Type)
Witness(Signature)
`
Name (Print or Type)
Approved as to form nnon d
legal sufficiency:
r,-,1,v,...L,....r. t--,e,,,_)
Assistant County Attorney
Last Revised.v41zmz 12
/�
16 A ,,i ..,
,„,
SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST
COLLIER COUNTY,FLORIDA
EXHIBIT r_. .i...
Page / of, 2"
..4( .
'D.E.' PER PLAT
0 10 20 40
•rrrrwwr11111
GRAPHIC SCALE
SCALE: 1" - 20 TRACT'A" TRACT"A" .,
f---._ L2 /
/' PARC L 273DE
DRAINAGE EASEMENT
/ 206 SQ.=T.+/—
LOT 14
f -.-1 LOT 15
SOUTH SHORE VILLAS
AT CROWN PONTE OWNED E'r':
FeDERAL NATIONAL
PLAT 8001< 24, PAGE 65 , MORTGAGE ASSOC. a
• ( FOLIO # 7438000038.
POINT OF BEGINNING
DRAINAGE EASEMENT a I..
LEGEND /
11
•
ORB = OFFICIAL RECORDS BOOK f �
•
PG = PAGE / TRACT "D-1" / r
SOFT. = SQUARE FEET
D.E. DRAINAGE EASEMENT �/
S SECTION o a
T = TO'WNSHIP u�? =,
h
R = RANGE I w4 I }ri
g '- Z.
0
2,0 �; I ti.-
C - t
I au ge ) K....
, Cv
L), t —1
LINE BEARING DISTANCE
i- o' L1 N 09'59,3'x,. 47.63'
w { L2 N 89'59'1 1" E 8.80' •
i L3 _ S 19'59'32" W , 49.92' I
I
POINT OF COMMENCEMENT
SOUTH I/4 CORNER OF
S7-T50-R26 I
S7, T50S, R26E
.
',--- N 89'59'32" E 328.51' 518, T5OS, R2SE
SOI 1 1 cf
i*i.AR 21 '')
SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION
NOT A BOUNDARY SURVEY
4030WD0Y SCOW' ae $+ .±"cs,,ze'3 xe nw z?T{,
/4T N S ern LFI.Y AREA STORM WATER e 1S x s tip,
sore TOO IMPROVEMENT PROJECT(LASIP 196) �"'�'� --- w
sire r) -__..
TAMPA F!,s>Pa; DRAINAGE EASEMENT SKETCH t - --- C.c_.__.._.. p:w
ATIVHS NOR TN AM[RfCA INC. (er3)282-7275 AND DESCRIPTION 3'- '..
i:ORIDA CERT1f1CATE OF AUTHORIZATION NUMBER Le24 .t___-._______ SHEET:I OF 2
46 A I.
SECTION 7,TOWNSHIP 50 SOUTH,RANGE 26 EAST
COLLIER COUNTY,FLORIDA
EXHIBIT 1g
DESCRIPTION
DRAINAGE EASEMENT PARCEL 273DE �'
A PORTION OF LOT 15 OF SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24, PAGE 65, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE N89'59'32"E
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 7, 328.51 FEET TO A POINT BEING THE
INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE EAST UNE OF TRACT "D-1" OF THE AFOREMENTIONED
SOUTH SHORE VILLAS AT CROWN POINTE AND SAID SOUTH LINE OF THE SOUTHEAST 1/4; THENCE N09'59'32"E, ALONG
SAID EAST LINE, 150.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NO9'59'32'E, ALONG SAID EAST UNE,
47,63 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE N89'S9'II"E. ALONG SAID NORTH LINE, 8.50
FEET; THENCE S19'59'32'W. 49.92 FEET TO THE PONT OF BEGINNING.
SUBJECT LANDS CONTAINING 206 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES
I. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A
BOUNDARY SURVEY.
2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF' THIS DRAWING.
3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SECTION 7,
SAID LINE BEARS N89'59'32"E.
4. LEGAL DESCRIPTION PREPARED BY ATKINS.
5, THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH.
•
•
•
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH
BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A '..
FLORIDA LICENSED SURVEYOR AND MAPPER.
2011 ATKINS NORTH AMERICA. INC.
UCENSEG- USINESS 24
ALI,i IGHT RealtIED
Peter 5, Mattson
Professional Surveyor & Mapper Registration No. 6290 '..
State of FloridO
SEE SHEET 1 FOR SKETCH
w.>r,tIwh�w I NOT A BOUNDARY SURVEY
ORla01A, 4''E:11,2 lo,K). 19w' IT
ATK .T7wA,Ft9307 LELY AREA STORM WATER acsaM'
171.111E 700 IMPROVEMENT PROJECT(LASIP 196) cr:ecAFa a+M
TAMPA,Ft 9.7607 DRAINAGE EASEMENT SKETCH "---- ac
Arx+MS NORTH AMERICA,MAC. 03,Y)292.777S AND DESCRIPTION i!°..'.
FLOP1DA CE7277F1CAT MUMMER OFAU7 fOe/ZAT1ON MER 1824 i SHEET;2 OF 2
i
CA
16A
PROJECT: Haldeman Creek &Crown Pointe Weirs —LASIP 51101 (19B)
PARCEL NO: 273TCE
FOLIO NO: 74380000387
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into on this ?? day of
20 (` , by and between ALFRED GALLO and ELIZABETH GALLO, husband and
wife, whose mailing address is 230 Fawn Lake Drive, Hawley. PA 18428, (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 drainage facilities within the lands immediately adjacent thereto; 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:
$550.00
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, shall be full compensation
for the Easement conveyed, including all attorney's fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes. County shall use its best
endeavors to restore all landscaping, trees, shrubs, improvements, and fixtures
located within the Easement area to their pre-construction condition after
completion of construction.
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"):
Page 2
(a)Temporary 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.
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
AO.
1A1
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.
7. 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.
8. 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,
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.
9. Owner agrees to grant the TCE for the purpose of constructing drainage facilities
adjacent to this area. The term of the TCE shall commence upon the issuance
of Grantee's official Notice to Proceed to its roadway contractor for the
construction of the Haldeman Creek and Crown Pointe Weirs portion of the Lely
Area Stormwater Improvement Project No. 51101, and shall automatically
terminate two years therefrom.
Cq
Page 4 16
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 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.)
12. 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.
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: '1"..S`-aci 7
ATTEST: BOARD OF COUN COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLI> F ObNTY, FLORIDA
ut -L-.
BY
usu; Clerk GEQR ,I A./ TILLER, Esq.
A$ a I Chaff oman
signature ony. :-
Page 5 16 A 1
AS TO OWNER:
DATED O..) t 3 L l <
1tne signature) AL, `ED GALLO
.,,. 1 ,C 6>"f,k,roy,z `
Name(Print or Type)
ONAA
Witness(Signature)
Name(Print or Type)
>L s C>2a ),I`ri&
itn (Signature) ELIZABETH GALLO
Name (Print or Type)
Witness (Signature)
Name(Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised:05110/2013
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P 0.6 -.., POINT OF BEGINNING
POE . PONT Or COMMENCEMENT ,
T.:RANAGE EASEMENT ,
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Ti E . MPORARY CONSIPOCT/ON
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I 4 1 5
TEMPORARY CONSTRUCTION EASEMENT
. ,
DURATION TWO YEARS
LEGAL DESCRIPTION — PARCEL 273ICE
A PARCEL OF LAND LYING ON LOT 15, SOUTH SHORE VILLAS AT CROWN POINTS, AS RECORDED 'N PLAT BOOK 24,
PAC,E5 65 THROuGH 65 C THE P020E RECORDS OF LI.) UER COUNTY, FL°RICA, L'fiNG N 0 EC1 ie0 7 T•OWNSHiP
SOUTH, RANCE 26 5451, COLDER C,DuN9, F,,,,6,Riop, BEiwo moRE PARTICULARLY DESCRIBED As ;Y;,m10,015,
COMMENCING AT THE NORTHEAST CORNER OF LOT TA, 50U114 SHORE VILLAS Al CROWN FONTS. AS RECORDED IN PLAT
BOOK 24. PACES 65 THROUGH 66 Or THE PUBLIC RECORDS OF DOWER COUNTY, FLORIDA;
THENCE ALONG T HE GOUT RI" 8006()ARY 0 A DRAINAGE EASEMENT AUG A PORTION OF TRACI "A-. 'TI SAC S5 U1H
SHORE ,ALLAS A,1 OFOwN PaNT, 669'5911E FOR 49.42 FEET, TO THE POINT OF BEGINNING OF THE, pABoa
DESCREIED i SEWN
THENCE CoNTINUE ALONG THE: SOUTHER/ BOUNDARY OF SAID 3RAcl 'A- WI/H SHORE vILLAS AT CROWN POINIE, AS
RECORDED !,,; FLA,: 60(..)E 24, PAGES A TH600G0 66 OF 1146 o OBI IC F41(.20R DS OF COL F;ER C OuN'TY, FLORIDA,
N89'591 rE FOR 4 36 FEET.
'THENCE LEAviNG THE SOUTHERLY POUN;)ARY OF '.i,tsiD TRACT -A" 575'5.9732774, FOR 17 6 FEET;
THENCE N'TO'OD'28"st, Fop 3,60 FTC?,
THENCE S19'59'32'W roR 26 ati rEET:
rHENCE N701.)9'37"W Fop 5.00 FEU:
16E606 N19'59'32'1 c OR 41,35 FEE.7, TO THE POINT OF BEGINNING OF THE PARCEL HERON DESCRIBED;
CONTAINING, 2/6 SQUARE FEET MORE OR LESS SUB/SC? TO EASEMENTS AND R E.STR<TTIONS OF 1150060.
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MICHAEL A WAS() PROFESSIONAL LAND 51.112V6306 LS# 0.301 DATE SA,ILO
NOT VALID WITHOUT THE ORIGINAL SIGN/OURS & RAISED EMBOSSED SEAL OF A PLDF•arA REC.. YERED PROFESSIONAL
StiRvEYOR AND MAPPER. THIS IS NOT A SURVEY,
trne 1,,C,,f I AL r+,.M.7\0X471....i A.i.te■astre,wootnk'_,,r,..,..”\01.,Pery:M$,,,,,,s1,evr,v1.. ,..n.7,,att
PROJECT: LELY AREA STORM WATER IMPROVEMENT PROJECT 114510 196) AL:11"askr,
SKETCH AND LEGAL DESCRIPTION vs Lr,v . W413.10.64:
— .": suwoqc et mnos,
PARCEL 273TCE: 'TEMPORARY 1 0NST111CI1ON EASEMENT M1f1,1 W4tor.04t7s:.>1,1,,iG3,6 20,,
WIE■il,i turiaa.1(,:,
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD 01 1,06611 COMMISSIONERS Nwt,t,0:N:N.).tz:),, )r;,,?"•06,,,
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I 20022.00.00 1 CI 1 7 I 50S 26E: I I" ..,, 30' 1 11/15/12 CE, R A K. `273I 1 1
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