Backup Documents 09/11/2018 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 17
THE BOARD OF COIJNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**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 routingzlines#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. County Attorney Office County Attorney Office
3. BCC Office Board of County AS(\P' ,
Commissioners \,%t /
4. Minutes and Records Clerk of Court's Office nl ��4 0 _
PRIMARY CONTACT INFORMATION `1(
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 Sonja Stephenson Phone Number 252-5880
Contact/ Department
Agenda Date Item was September 11,2018 Agenda Item Number 16 Ail
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
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?Stionv 0 K X
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
Needs Clerk's attestation
3. Original document(s)has/have 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. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 September 11,2018(enter date)and all v7 N/A is not
changes made during the meeting have been incorporated in the attached document. an option for
The 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 N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the "/ an option for
Chairman's signature. *4i*,
Please
Please scan under Golden Gate City Stormwater No. 51029 in the BMR Real Property Folder. Thank you
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16*17
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, September 12, 2018 11:55 AM
To: StephensonSonja (SonjaStephenson@colliergov.net)
Subject: Item #16A17 (BCC Meeting 9-11-2018)
Attachments: Agenda Item#16A17 (9-11-2018).pdf
Hi Sonja,
A signed copy of the Temporary Construction Easement Agreement (Parcel 127TCE),
that was approved by the Board yesterday, is attached for your records.
Thank you!
Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustment Board
23q-252-840(0
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PROJECT: 51029 - Golden Gate City Stormwater Improvements (NW Quadrant)
PARCEL: 127TCE
FOLIO: 36372640007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this day of
SP. Pmt. " , 2018, by and between JOSE A. ELIZONDO AND MARTHA
ELONDO, husband and wife, whose mailing address is 2200 54TH Street SW,
Naples, FL 34116 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, 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, the County requires a Temporary Construction Easement over,
under, upon and across the lands described as follows:
A PORTION OF GOLDEN GATE UNIT 6, PART 1, BLK 183, LOT 18, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGES 1 THROUGH 7, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: A FIVE-FOOT-WIDE STRIP OF LAND IMMEDIATELY
ADJACENT TO AND ABUTTING THE PLATTED DRAINAGE AND PUBLIC UTILITY
EASEMENT LOCATED ALONG THE NORTHERLY BOUNDARY OF SAID LOT 18.
(hereinafter referred to as "TCE"), for the purpose of constructing drainage structures
and facilities within the public right-of-way and drainage easements immediately
adjacent thereto; subject to the restrictions contained herein; and
WHEREAS, the Owner desires to convey the TCE to the County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the County has agreed to compensate the Owner for the value of a
mature Bismarckia palm tree ("hereinafter referred to as the "palm tree") located within
the TCE.
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 are 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 TCE to County for the sum of:
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$3,000.00
being the agreed fair market value of the palm tree (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
compensation for the palm tree and all attorneys' fees, expert witness fees and costs as
provided for in Chapter 73, Florida Statutes. Save and except for the palm tree, which
the County shall be entitled (but not obliged) to remove, upon completion of
construction the County shall use its best efforts to restore the surface of the temporary
construction easement area and all landscaping, trees, shrubs, irrigation, fixtures and
other improvements located therein, to their pre-existing condition.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Prior to Closing and as soon after
the execution of this Agreement as is possible, Owner shall provide County with
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) Closing Statement;
(b) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit;
(c) W-9 Form; and
(d) 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.
The parties record that Owner has already furnished County with a duly executed
and witnessed Temporary Construction Easement.
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. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such
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requirement is made known to them or they are requested to do so, whichever is
the earlier.
6. 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 TCE, 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 TCE 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 TCE 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 TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TCE, 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 TCE.
(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 TCE or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the TCE 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
TCE 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
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affecting the property underlying the TCE and not to do any act or omit to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by County.
(h) The property underlying the TCE, 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 TCE 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 TCE 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 TCE; b) any existing or threatened environmental
lien against the property underlying the TCE; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the property underlying the
TCE. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. 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.
8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance
of Grantee's official Notice to Proceed to its contractor for the stormwater
construction of 51029 — Parcel 127TCE and shall automatically terminate one year
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 trustee, and/or
assignees, whenever the context so requires or admits.
10. ENTIRE AGREEMENT - Conveyance of the TCE, or any interest in the property
underlying the TCE, by the 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
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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.
11. 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.
12. 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: c/
DATED: 9 -12 -tel
ATTEST: BOARD OF CO NTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER C• d NT , FLORI
fi;J L " OLLUA �_, BY: 4A
,ti'etG Clerk A'• ' SOLIS, CHAIRMAN
A •stastoCha'
A NER:
DATED)b8-" st.
i ne s (Signature) 7 "re SE A. ELIZON
reC4- "k
ame (Print or Type)
Witness Si nature) Itemd (COAL'
D / oi c'.€i Agenda 411-1 c--12
Name (Print or Type) Date
Date cit 12.—�
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Wi n ss (Signature) MARTHA ELIZONDO
Name (Print or Type)
Witness (Signature)
.1)ny)1 a /4 --ri c '
Name (Print or Type)
Approved as to f9.7 and legality:
4110 '
Assistant • - ty Attorney
Last Revised: 12/10/2014