Backup Documents 11/09/2010 Item #16A 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office the completed routing slip and original
documents are to be forwarded W the Board Ot ice only after The BOnrd has taken action on the lem i
ROUTING SLIP
Complete routing lines kl through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sianahrre drew a li w a,...,,or..,.,."a n--, u r s_...... w. -..__........_ _. _ - ,.,. -. .
Route to Addressee(s)
List in rputin order
Office
Initials
Date
Contact
a2prcopnriate.
(Initial)
252-5805 (Rebecca)
2.
— f�
Agenda Item Number
16A -7
3.
�—
4.,
Agreement
Number of Original
-
5. Ian Mitchell, BCC Supervisor
Board of County Commissioners
Documents Attached
((
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co
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
('the primary contact is the holder of the original document pending BCC approval. 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, including tan Mitchell. need to contact staff for additional or missing
information. All original documents needing the B(C' Chairman's signature are to be delivered m the BCC office only after the BCC has acted to approve the
item.)
Name of primary Staff
Rebecca Harding or Kevin Hendricks
Phone Number
252 -5844 (Kevin)
Contact
a2prcopnriate.
(Initial)
252-5805 (Rebecca)
Agenda Date Item was
November 9, 2010
Agenda Item Number
16A -7
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Agreement
Number of Original
I
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INS'TRUCTIONC R CtIlVriel rrr
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05. Revised 2.24 05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a2prcopnriate.
(Initial)
Applicable)
I.
Original document has been signed/initiated 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. This includes signature pages from ordinances,
1
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibiX State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
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.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
i
time frame or the BCC's actions the nullified. Be aware of vour deadlines!
r \d r
6.
The document was approved by the BCC on 11/9/2010 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05. Revised 2.24 05
16A1
MEMORANDUM
Date: November 17, 2010
To: Rebecca Harding, Property Acquisition
TECM /ROW
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement with Entrust IRA Southwest FL, LLC
Misc. Project 99999 Parcel #207DE
Attached for your records is a copy of the document referenced above, (Item #16A7)
approved by the Board of County Commissioners on November 9, 2010.
The original agreement will be held in the Minutes & Records Department in the for
Board's Official Records.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
PROJECT: MISC.99999
PARCEL: 207DE
FOLIO NO: 38912640009
AGREEMENT
16A7
THIS AGREEMENT (hereinafter referred tQ as the "Agreement ") is made and
entered into on this ` r'`' day of A., i'c'.,; `:K p' , 20 W , by and between
ENTRUST IRA SOUTHWEST FLORIDA, LLC, a Florida limited liability company
(f /k/a TAX FREE STRATEGIES, LLC, a Florida limited liability company), as
Trustee for Barry J. Kotek, IRA, whose mailing address is 4560 Via Royale #1, Fort
Myers, Florida 33919 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non - exclusive drainage easement over, under, upon and across the lands described in
Exhibit "A" (hereinafter referred to as the "Easement "), which is attached hereto and
made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner (to have County forces enter
upon the Easement and clear vegetation and debris from the ditch that presently exists
within the Easement area) and Owner desires to convey the Easement to the County
for this purpose.
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 execute and deliver a "Drainage Easement" instrument to County,
which shall be recorded in the public records of Collier County, Florida, at
County's sole cost and expense.
3. In exchange for the Owner's grant of Easement, County shall enter upon the
Easement area and cut and clear vegetation and debris from the existing ditch.
4. 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.
5. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
6. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
16A7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED: 11 !
ATTEST:
DWIGHT E BROCK; Clerk
1% (bill C7.- .
t aty Clerk
A#Ut it w i
tf+
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: - E
FRED W. COYLE, Chairman
ENTRUST IRA SOUTHWEST
FLORIDA, LLC, a Florida limited
liability company, as Trustee for
Barry J. Kotek IRA
By: Island Financial Services, Inc.,
�c)) i v 1 Florida corporation, its Manager
DATED: i�-'
A- t
By:
Witness (Signature) DAVID A. OWENS, President
;. c}
Name (Print or Type)
Witness ( liignature)
Name-(Print or Type)
Approved as to form and
lega ffi y:
Assistant County Attorney
item# _Vak1
Agenda
Data
Date I
Recd V�w'o
Last Revised: 6/18/10
16A7
PROJECT NO. 99999
EXHIBIT PROJECT PARCEL NO. 207DE
Page-1-of I FOLIO NO. 38912640009
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 132, GOLDEN GATE ESTATES
UNIT NO. 43, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 7, PAGE 28, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
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