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Backup Documents 01/12/2010 Item #16B3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1683 Print on pink paper. Attach to original document. Original documents should be hillld delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has takt:/J tlction on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee tion of the Chairman '5 si nature, draw a line throu h routin) lines # 1 throu' #4, com lete the checklist, and forward to Ian Mitchell (line #5 Route to Addressee(s) Office Initials Date (List in routin order) I. 2. 3. 4. 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 6. Minutes and Records' Clerk of Court's Office 1{13 10 'Please scan under LASIP (Main Canal E-W) Project No. 51101 in the BMR Real Properly Folder. Thank you PRIMARY CONTACT INFORMATION (The primary contoot is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contlct information is needed in the event one ofd1C addressees above, inclLXIing Sue Filson, necd to ccntact staff for additional or missing infom1ation. All original documents needing the Bee Chainnan 's signatllfc arc to be delivered to the BeC oflice only after the Bee has acted to approve the item) Name of Primary Staff Robert Bosch. ROW Coordinator, TECM Phone Number 252-5843 Contact For: Paul Young, Sr. ProD. Acq. Soecialist Agenda Date Item was January 12,2010 Agenda Item Number 16.B.3 ADoroved bv the BCC Type of Document Drainage, Access and Maintenance Number of Original One Attached Easement Agreement Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. 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. This includes signature pages from ordinances, 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 ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and tile Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the approp7iate pages indicating where the Chairman's si nature and initials are re uired. S, 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 time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved hy the BCC onOt/t2/tO (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes N/A (Not (Initial) A licable) ~ N/A j; ~ 4 ~ I: Fonns! County Fanus! Bee Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24.05, Revised 7.3 I .09 1683 MEMORANDUM Date: January 14, 2010 To: Robert Bosch Right-of-Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Drainage, Access and Maintenance Easement Agreement Project: LASIP Main (E-W)/Parcel #138DAME Per your request you will find enclosed one copy of the document referenced above (Agenda Item #16B3), adopted by the Board of County Commissioners on January 12, 2010. If you should have any questions, please call me at 252-8411. Thank you. Enclosures .' '^'.--~.' ...-.-.-,----... -.- .-..,- '~'~~---'--'-~"- -- --.... - ". --_...._._'~'^_.,_.~,-"_._.---...... ..~~--_.-".._-""~_..._-_.__._--_...".."-_.._-. PROJECT: LASIP MAIN (E-W) PARCEL No(s): 138DAME FOLIO No(s): a portion of 49706500247 1683 DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREE;MENT (~after referred to as the "Agreement") is made and entered into on this <P fLday of Mk, ,20 by , by and between NASSIF GOLF VENTURES, L.L.C., a Florida limited liability company, whose mailing address is 9130 Galleria Court, Suite 316, Naples, FI 34109 , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a DRAINAGE,ACCESS, AND MAINTENANCE EASEMENT over, under, upon and across the lands described in Exhibit "A", which are attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner and Purchaser are entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel 138TCE contemporaneously with this AGREEMENT; and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser 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 Purchaser for the sum of: $1,750.00 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, 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 Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 1683 Page 2 3. Prior to Closing, 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. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) 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 Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement for up to 30 days pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. In the event the owner cannot deliver the instruments necessary to remove or release any liens or encumbrances affecting the Purchaser's enjoyment of the Easement, Purchaser may either terminate the Agreement or close this transaction. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 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 Purchaser. 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 Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser 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 Property 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. pagej6 83 6. Owner and Purchaser 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) Purchaser'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 Purchaser 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 Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser 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 actual 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 Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser 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 Purchaser. (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 by Owner except as specifically disclosed to the Purchaser; that the Owner has no actual 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 Purchaser, that the Owner has not received notice and otherwise has no actual 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. The amount the Owner shall pay under this condition shall not exceed the amount paid by pag16 B J Purchaser for 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 Purchaser against and from, and reimburse the Purchaser 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 Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording 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. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 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, 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 Purchaser. (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 Purchaser. 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. Page 5 1683 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: (5 (- (1- Lo[o Attlst BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman . ; ,",' "'l -~ t\ ,.... tl ""1('. ~ AS TO OWNER: DATED: Ulf)/ /". ::liJrP; . ~~~~i9~ 1~~(~nt:G~r <: __,.---.-.-m..----:.~'?-~: C "'\..~, , '( :Y~Lx j 'J-"'" ..... , Wi~_~ss<,(s~at~~) '-'", ,/ -'-""",.,.--"( ", r 'f~\' ,) 1 r 1~ 'Y':'::::> '. Nan'le (Print or Type)-. ..~. . NASSIF GOLF VENTURES, L.L.C., a Florida limited liability company \~ ' . "J. Member D Approved as to form and legal sufficiency: \) --{~ 'l0 ~ Assistant County Attorney a d I Q:).) I~~ ~~ "'.... i3 ~a: Illig I~-::' ~ .:l-Z~ SCALE: ,~.. 100' 11, PeRPETUAl., NClN-EXa.US1VE>- II~ ~ II~ ~ DAAINAGE AND II~ MAINTENANCE fASfMENr 1'; II~ .... II ~~ IIi "'", 11'0 w- ~ ". ~~ /I ::(0' "'" ao> >-- ~~ ;,0 8 ~ g '-' 1683 Vl i::! a ~o..'" :<:Vl"<:<:i I-'-'-'::!o.. 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I-LJ~a: 0"-1- -<(--.J(..) . i!:o<(QJ (!)~ . >- cq ,..J Q LJ ,..J a '" o 0.. cci cti e.: ~ ~o.. 13~ "-I- a(..) ,,~ >- LL:l --.J ~; ~~~ , ~ 1 eO) I ).) ,.. <( I- (..) ~ I; '...... i&t) ~~ b~..;o iii)O ::!w f .~ . " , . .... 1-.... I __J bJ " 0::'1" 8 =>1 + .. 8"" N ~ <ri b "-(!) 50.. .... o.:~ (!) . 0 ~~ Vl'" ~ 0 a": 0 + n VlCIl N 050.. :t l&J1- ~ I BLOCK 2 Ca5c.; i~~ . e : e 6 ~l.S' LELY GOLF ESTATES ~ UNlTlNO.1 , -_________ ~B. 8. I,aG. 49j____.___ 8 + o N o o + ~ TECM - ROW APR 2 3 2009 ~ .... COLLIER COUNTY STORM WA 7CR MANAGEMENT II .~ 19 SKETCH ANO OfSCRlPTJC>>.: D.A.U.E. ii PART OF LOT CH '. HIBISCUS GOLF COURse. :........a....... :...... .. 1M... ._....... '- P.B. 49. PGS. J-4. _~____-._.........._ COWER COUNTY, flORIDA ~~'it'..---::;""~.....a.o;-.:-""'':... i~ ~e '" !Ii'" ~,,~- ~~~9 LEL Y GOLF ESTA TES UNIT NO.1 ______~B.:.. 8._':.G:.~s:.__ U'!..fi,C, s 003t"r w .m.DO DORAL CIRCLE r1I'NnIAJ N'n~o;. ,. DnJCN:;JOHS AI'tE IN frrr AND OfO'AMLS /'HOJEa. 2, P.D-S. - POINT OF ~ J. P.c.c. - PONT OF ~T, '" R.aw. _ Rl'G'lT-(lF-WAY. -'- O-f'. - tJRAJNM;C f4SBr,/0r(r, I. LS.~ - lANDSCAPe ~ C"SE/otfNT. 1. 8f.A.lll/llGS AM 8ASEl) ON rHc nQItJD" sr...rr "l.ANL" EAST lONe. NAD B.JM AO.N$1IAEHr. II. DAM.E." DRAINAGE. ACCESS & IrAAlNTE:NANCE EASEMENT . OORAL CIRCLE MACeI NO. 138 DA/-{E NOT A SURVEY OE: If. ~ 1Nl'~"'" ~ JAN Q(EO 8~ ~ cooo 'l1(k> PLon O"'TE:AM. tt ~" ....~ -SC<\lL: ,. - 100' A~ ~ IUl.52-StH ABi'PRO.Ja:rHO. 7599-2 SHUT/Oo. 1 OF 2 F1I.C 1<0. 10252 - .... 1683 DESCRIP nDN OF DRAINAGE, ACCESS & MAINTENANCE EASEMENT ALL THA T PART OF LOT CH r, HIBISCUS GOLF COURSE AS RECORDED IN PLA T BOOK 49, PAGES .3-4, COLUER COUNTY, FLORIDA BE/NG MORE PARTICULARL Y DESCR/BED AS FOLLOWS; COMMENCING A T THE NORTHWEST CORNIiR OF SAID HIBISCUS GOLF COURSE THENCE SOO'.31'l7"w A DISTANCE OF .350.00 FEET TO THE CENTERLINE OF AN EXISTING 700' MDE DRAINAGE EASEMENT BlilNG STAnON 19+.3/.88; THENCE S8928'4.3"E, ALONG SAID CENTERLINE A DISTANCE OF 1007.15 FEET TO STATION 29+.39.0.3; THENCE LEAVING SAID CENTERLINE SOD'.3I'I7"W, A DISTANCE OF 50.00 FEET TO THE SOUTHERL Y LINE OF" SAID EXISTING DRAINAGE EASEMENT AND THE POINT OF" BEGINNING OF" THE EASEMENT HEREIN BEING DESCRIBED; THENCE S89'28'4D"E, ALONG SAiD SOUTHERLY UNE A DISTANCE OF" .38.41 FEET; THENCE LEAVlNGf' AID SOUTHERLY LINE SI6'.30'1.3"E, A DISTANCE OF 15.69 FEET; THENCE N/j9'2/j' ..w, A DISTANCE OF .39,00 FEET.' THENCE N14'24' ..w, A DISTANCE OF 15.52 FEET TO THE POINT OF BEGiNNING OF" EASEMENT HERrl. DESCRIBED; CONTAINING 5 :iSDUARE FEET OF LAND MORE OR LESS, SUBJECT TO E !.EMENTS AND RESTRlcnONS OF" RECORD. THE GUY P. ADAMS v NO. 4.390 COWER COU",TY STORM WAlER MANAGEMENT !!i~u :;:;,.."" ".' "" ... lln..E1 . _9 ~~ GPA SKeTcH AND DESCRJP71ON: DAME. ::. It COGO PART OF' LOT Qf 1, HN1r~USGOl.F COURSE. 1::1 1.- \ltDC 'lor: p.a 49. PCs. J-4, =~~:""~~......~l:~ COWER COUNTY.. FtORf(JA. ""~"--"~::""":'"':....""=""'::--"'-:"l::= SCAlf: ...r.s. NOT A SURVEY ABt""o.rcrl'l{l. 7599 2 9/W,," 2 OF 2 mE .., Ac.w" 10:152_101 10252 DA~N'lt.l1.. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '683 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUrlE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board atlice. The completed roUlll1g slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dales, and/or infonnation needed. [[the document is already complete with the exec Han of the Chairman's 5i rnature, draw a line thrau h wutin' lines # I throu' #4, com Jete the checklist, and fOr\'iard to Ian Mitchell (line #5). Route to Addressee(s) (List in routin order) 1. Office Initials Date 2. 11\3\ \0 3. .Please scan under LASIP (Main Canal E- W) Project No. 51101 in thc BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION {The primary conloct is the holder of the original document pending Bee apprllVal. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event on<: of the addressees above, inclluing Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the Bee Chaimum's signature arc 10 be dclivered to {he Bee ofl1ce only altcr the Bee has acted to approve the 4. 5. Ian Mitchell, BCC Supervisor Board of County Commissioners item,) Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843 Contact For: Paul Young, Sr. Prop. Acq. Specialist Agenda Date Item was January 12, 20 I 0 Agenda Item Number 16.B.3 Approved bv the BCC Type of Document Temporary Construction Easement Number of Original One Attached Agreement Documents Attached 6. Minutes and Records. Clerk of Court's Of1ice Yes (Initial) N/A(Not A licable) I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 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. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements, etc. that have been tully executed by all parties except the BCC Chairman aod Clerk to the Board and ossibl' State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval oFthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials arc re uired. [n 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 ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bec's actions are nullified. Be aware of 'our deadlines! The doeument was approved by tbe BCC onOtlt2/tO (enter date) and all ehanges made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. N/A ~ ~ ~ l: Forms! COllilty Forms! BeC Forms! Original Documents Routing Slip WWS Original 90304, Revised 1.26.05, Revised 2.24,05, Revised 731.09 2. 3. 4. 5. 6. Date: To: From: Re: MEMORANDUM January 14,2010 Robert Bosch Right-of-Way Coordinator Transportation Department Teresa Polaski, Deputy Clerk Minutes & Records Department Temporary Construction Easement Agreement Project: LASIP Main (E-W)/Parcel #138TCE Per your request you will find enclosed one copy of the document referenced above (Agenda Item #16B3), adopted by the Board of County Commissioners on January 12,2010. If you should have any questions, please call me at 252-8411. Thank you. Enclosures 1683 PROJECT: LASIP MAIN (E-W) PARCEL No(s): 138TCE FOLIO No(s): a portion of 49706500247 1683 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (h~reinafter referred to as the "Agreement") is made and entered into on this G-r-.. day of tJolI~rvlkr , 20a, by and between NASSIF GOLF VENTURES, L.L.C., a Florida limited liability company, whosemailingaddressis9130GalleriaCourt.Suite 316, Naples, FI 34109 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of improving and constructing drainage and utility facilities within the public easement immediately adjacent thereto; including, but not limited to the storage, placement, and accessing of construction materials and equipment upon the lands described in Exhibit "A", subject to the restrictions contained herein; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Owner and Purchaser are entering into a DRAINAGE, ACCESS, AND MAINTENANCE AGREEMENT for parcel 138DAME contemporaneously with this AGREEMENT; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of 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. 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 TCE to Purchaser for the sum of $188,500.00 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 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 Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 1683 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) 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 Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement for up to 30 days pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the TCE. In the event the Owner cannot deliver the instruments necessary to remove or release any liens or encumbrances affecting the Purchaser's enjoyment of the TCE, Purchaser may either terminate this Agreement or close this transaction. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser 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 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) Purchaser's acceptance of the TCE shall 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, except for items in paragraph 6 (h) and 7. (c) No party or person other than Purchaser 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 Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. 1683 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no actual 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 Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser 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 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 Purchaser. (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 by owner except as specifically disclosed to the Purchaser; that the Owner has no actual 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 Purchaser, that the Owner has not received notice and otherwise has no actual 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. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 6(h). The amount the Owner shall pay under this indemnification shall not exceed the amount paid by Purchaser for the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; 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. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless this Easement is acquired under threat of condemnation. 1683 9. The term of the TCE shall be 365 days (one year), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County. It is agreed and understood that no construction activity shall take place prior to April 1, 2010 either within the TCE described in Exhibit "A", nor in the Contiguous Drainage Easement, described in Exhibit "B", attached hereto and made a part hereof, except for an Access Pathway to be available over the East 50 feet of the TCE, described in Exhibit "C", attached hereto and made a part hereof. The Access Pathway shall be fenced and screened from view of Hibiscus Drive to the extent possible. Commencing April 1, 2009, full access and construction may be underway within the Contiguous Drainage Easement, and the TCE may have full construction activity within the area designated in Exhibit "D". The construction area in Exhibit "D" shall be fenced and screened from view of Hibiscus Drive and Rattlesnake Hammock Road. It is understood and agreed that no construction activity shall interrupt usage of Hibiscus Drive, except for curb, sidewalk and paving construction which shall be completed after April 1, 2009. During such construction over Hibiscus Drive, access shall continually be maintained for Hibiscus Golf Club. At no time shall construction activity or vehicles cross over Hibiscus Drive to travel between Lot 1 and Lot 2 of the TCE 10. It is agreed and understood that, to the extent possible, existing vegetation along the frontage of Hibiscus Golf Course will be maintained, including plantings along the parking lot. Upon the completion of the TCE, the Grantee shall restore the surface of the temporary construction easement area to its pre-existing condition. Purchaser shall require the construction contractor to carry at least $1,500,000 in casualty loss and liability insurance, with Nassif Golf Ventures LLC being named in such insurance policy to the extent its interests may appear. 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 trustee, and/or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the TCE 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, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to Purchaser, 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.) 13. 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 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 Purchaser. 1683 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 PURCHASER: DATED: C)( - \1_ 10(" ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COl.!.NTY, FLORIDA -~ BY: DONNA FIALA, Chairman '~ ttstuto ~~erk ',1\lnature 01\,1' AS TO OWNER: DATED: AleJ;' t, , :)....0,;9 /, . 'L ~ . /1; -~J.. ffi-.-, \.....-'-tX-- a/ ~.../ l_/0 vI. ' Witness (Signature) r!//I}.N t~, ",Ie ,.'/- Name~_nt~~_T~~2_- \ /~, i ~ /A:-L:~\..>< \ \L'JW \, ," '., Witness (~ignat~) '-" ',,- ',-, NASSIF GOLF VENTURES, L.L.C., a Florida imited liability company :~,:::~ -'\,' ....,> ' ')- ",.----i 'n,,} 'r '-' J\\j -t; Name (Print or Type) Approved as to form and legal sufficiency: ASSi~~]~ EXHIBIT "A" 1683 EXHIBIT ' ~4 II Page I 01 .~L. LOT 1 and LOT 2 OF TRACT "A" OF HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49, PAGES 3 AND 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION DESIGNATED AS '100.0 DRAINAGE EASEMENT LAND' DESCRIBED IN OFFICIAL RECORDS BOOK 970 AT PAGE 1238. N 06(f) ~f-W WZU <{WZ U::2:<{ f-W>- co(f)W ~<{> (f)WZ --,(f)O W(f)U UWlL CCUO o:~W of- IZ(3 U<{::2: f-ZO s:!OCC (f)f-lL OUCC Z=><{ <{g:W Z(f)>- OZW -OZ b=UO - >- ,. CCCCZ U<{O (f)CCf- WO<{ Oo...CC --'::2:=> <{WO (9f- W --' <. -6;' " u" ~~~. <.;~ '-:...0 y........ <"J ;21 U! --I -=1 ....J"I "", ~.G o-~-:: 0:.: ~ ~;;'.: '-. ,\ I' EXHIBIT A P(j " 2- of ."'...____ 7 '- ~ , Tr ::. .7") N LJ.J <( U I- CO M ~ --l LJ.J U e::: <( c.. b' ~~ "I' ~ , , I I .' c '" ~ S _~. I 0;> , -,. ;: ~ :';..:"'; .<;;. II. :~. :a: ~, \ ;:::: ~ ~j g 0. ''''( _~~,':;,~.,..).,. '62> ~f" .J ~o<! '1 I - (-~_.. .,- '. 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