Backup Documents 03/09/2010 Item #16B 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 8 1
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 he hand delivered 10 thl.: Board Ollie!:. The completed rouling slip and original
documents are to be forwarded 10 the Board Olliee only dler tht Board hus taken action on the item)
ROUTING SLIP
Complete routing lines # J through #4 as appropriate lor additional signatures, dales, and/or infonnation needed. If the document is already complete with the
exec tion of the Chairman's si nature, draw a line thrQll h routin lines #1 throu(!.h #4, com Jete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in wutin order)
2,
,
0,
;/13 10
(The primary contoct IS the holder ofthc original document pending Bee approval Normally the primary contacllS lhe person \'.ho created/prepared the executive
summary Primary contact information is needed In the evenl one oflhe addressees above, illcluJing Sue Filson, need to cmtact statffor additional or missing
information. All original documents needing the BeC Chairmim"s signature arc to bc delivered to thl' BeC ot1lcc only after the BeC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
4,
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,Mt,e Filsoll, e)(ecytiveManageF
-1-lhJ Il' I1'"UI E L,L,
Minutes and Records
Clerk of Court's Office
239,252,6027
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Yes
(Initial)
5.
Board of County Commissioners
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6.
PRIMARY CONTACT INFORMATION
Phone Numher
Agenda Item Number
N um bel' of Original
Documents Attached
I: Forms! County FomlS! BCe Forms.! Original Documents Routing Slir WWS Origina19,OJ,04, Revised 1,26.05, Revised 2,24CJ5
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, wbicbever is
a ro riate.
Original document has been signed/initialed fl.)r 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 BCe
Cbainnan and Clerk to the Board and ossibl State Offkials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Cbairman and tbe Clerk to tbe Board
The Chairman's signature line date has been entered as the date of BCe approval of the
document or the final ne otiated contract date whichever is a licable.
;'Sign here" tabs arc placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
sbould be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL
Some documents are time sensitive and require fOf\varding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines~
Tbe document was approved by the BCC oo-.iJ" (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne "s Office has rcvit.'wed the chan es, if a licable.
2,
3.
4,
5.
6,
MEMORANDUM
Date:
March 11,2010
To:
Michelle Sweet, Property Acquisition
Trans/ECM/ROW A
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Easement Agreement, Temporary Easement Agreement &
Subordination: Misc. 99999 (Gateway Triangle)
Parcel #185UE - Liberty Bank
Folio #00386240005
Attached for your records is a copy of the agreement referenced above
(Agenda Item #1681) approved by the Board of County Commissioners on
Tuesday, March 9, 2010.
The original will be kept in the Minutes and Records Department as part of
the Board's permanent record.
If you have any questions, please call me at 252-7240.
Thank you.
168 1
16B 1
PROJECT: Miscellaneous 99999 (Gateway Triangle)
PARCEL No(s): 185UE - Liberty Bank
FOLIO No(s): 00386240005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this q" day of /1'10..<(" , 20~, by and between
LIBERTY BANK, whose mailing address is 4949 Tamiami Trail N, Naples, FL 34103-
3027, (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 Perpetual, Non-Exclusive Utility 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 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:
$15,000.00
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,
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:
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(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 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 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,
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
168 1
(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 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
except as specifically disclosed to the Purchaser; 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 Purchaser,
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 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,
and all Easement instrument recording fees. In addition, Purchaser 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
168 1
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written,
AS TO PURCHASER:
DATED: J/Q/'0
ATTEST:
~~.~
-~ < DUty, lerk
nn..-. .'.
..... Oft.. .:
BOARD OF COUNTY COMMISSIONERS
COLLI~OU~TY, FLORIDA
BY: -juJL W. ~~
FRED W COYLE, Chair n
AS TO OWNER:
DATED: () f 10"));<0/ C
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Witness (Signature)
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Name (Print or Type)
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Witness (Signature)
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Name (Print or Type)
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LIBERTY ~ANt</' }
"-""I A ~f
By: / [,C' VL,.-t L,,-<-
ROBERT SMEDLEY, P
..
168 1
Approved as to form and
legal sufficiency:
\)'B D~
Assistant County Attorney
Last Revised: 2/19/09
16B 1
EXHIBIT
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I'ROPOSED
COLLIER COUNTY
UTllTY EASEMENT
1173 SF
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LEGAL DESCRIPTION
(COLLIER COUNTY UTILITY EASEMENT)
;\ f-'Ar~CLL Of 1.A\D LYlhJi,; IN Sf-:.CTION 2, TOW";~:HIP :,0 SOUTH, FUlNGi 2~:- U~ST, COUIE>~ COUNTY, F"LORI[)i\
ErJNC ~v10f<E PARTiCU! API Y [)LSCfW3[[) AS iOI..!.OW::.i
BEGINNING AT rH[ '",jf't':YSFCTION O~ Hit" NOI~iH f<ICHl Of WA'!' OF" S 8:,5, (DAVi:; l1['-Jff) (i DC)' V,'i!)C) AND
l'if<(iO<SIDl Dr~i\i[ (60' WIDE") {,5 F!'J~ STATF Gfn fi,OfN)l\, ~:}U\Tf r-~Ol\D L)rf)AFnMCNT. '~,CliT or WAf rvVd'"
STr-\Tt ROAD NUM8ER S-ESH, srcnON ::L)').,SO-.26(Y), SHU ) Oi J, ii/i.'fT CJ/68 THE F(;LLO\-\INC
DESCI<idCD COLLIER COUNTY ULl.fTY EASE MI,'NT;
liH_l'jCE. S.f39'1J'25"W A....'JNG S,l,iD :\Of'nH RiGHT OF W,'I,Y LINE Ar---JD fHe SOUTH Ut'H: OF 1') ;:'00',' UTILITY
EA.SLMLNT r-<EC('RD[D ihl CiTICIAi RECORDS BOOK 4) 1, PN;r: :51 OF -:-HE FUGUe f~Ecor<D'S OF C:O:.LlLR
COUNTY, FLORID/I fCf~ is LS FU:!;
[HE,Nee LE/\VINC SA,ID rWF(T'H RIGHT Of: 'fifW Ui\W NGtY46'.3::.,"V'/' FOR 1'::\.00 FE},:] TO q'if \OiHH UNC 0'
S.<\iD 15 FOOT UTiLi fY f:ASf:MENT;
r;-,~~NCT 1'1,80'1:5'25"[, !I,LCNG THE NOHTH : r~;E Ci S;\JD U:n,iTY [ASUvUH FOR 7B,2.3 FT'! r 10 !' POINl
lYiNG (Jr'\l THF: W[ST RleHT OF Vi/\V UN Cf.' Sf\ID Ejf~OOKSIDr cr;:VE,
lHfNCE S CHJ:?1'4~"[ /l,LO~JC SAD wesr RICHI 0'-:- WAY U1\Jt~ FOR 1:).00 FETT TO H'IF POINT OF BEGINNING
(If- H[ P;\i::CLL DESCF<'~"lLi; HF"PF IN
(:Oi'r ;\IN!NC 1.. 1 l S SOU,\i~L fTU, MORF', OR LE:;:::~_
SUbJECT TO EASEMENTS AND RESn~fcriONS OF RtCOFW
UCAHiiiCS j:,f~[ BASED ON THE NORTH FilCHT 01 I,'vAY : INf OF SI\!C ];\Vi':J HLVD AS [WiNe 5,d9'13'2S"W AS
PU~ STArE OF Fl()f';:IU!~, SiAff:, f\OA.D U!-'PAl-\Tv:nNT, f\IG!lT Of' Vo/AY Ut\?S ~;rf\J[ f~(J/\l) \lU\iU[f;: S>t.~)8,
SEe liON C3530~ 2t:()~.l, SHELT :) Of os, [J/'J r,D 03/68
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CLIENT COLLIER COUNTY
BOARD OF COUNTY COMMISIONERS
TITLE GATEWAY TRIANGLE PHASE II
COLLIER COUNTY UTILITY EASEMENT
D\l"hAINC,
Planning
Visualization
CON S U L TIN G Civil Engineering
~ '" ,~ .JL. Surveying & Mapping
66\0 Willow p;1tl Olive, Sulle lOO
Naple5,Florida34109
PhQno: (lJ9) 597.0575
F1\X:(239)SS7-oS78
Florida Certilicata 01 AUlhotilalionII Ib-69S2
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070067.01.02 NUM8ER
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NUMHfR 0700670102SKl
16B I
PROJECT: Miscellaneous 99999 (Gateway Triangle)
PARCEL No(s): 185TCE2 - Liberty Bank
FOLIO No(s): 00386240005
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this q~ day of
I}tCk"- , 20~, by and between LIBERTY BANK whose mailing address
is 4949 Tamiami Trail N, Naples, FL 34103-3027 (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
constructing utility facilities within the utility easement immediately adjacent thereto;
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 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 $3,525.00 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.
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;
16B 1
(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 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. 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 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 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.
(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 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
168 1
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 except
as specifically disclosed to the Purchaser; 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 Purchaser, 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, 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). 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, and all TCE recording fees. In addition, Purchaser 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 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,
9, The term of the TCE shall commence upon the issuance of Grantee's official
Notice to Proceed to its contractor for the utility easement and shall automatically
terminate 90 days therefrom,
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 trustee, and/or assignees,
whenever the context so requires or admits,
11. 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
168 1
the general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
12, 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.
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 PURCHASER:
DATED: j/c,/IJ
ATTEST:, "
DWK'HT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY: '~JLW. ~
FRED W. COYLE Chairma
,
AS TO OWNER:
DATED:CI IDS-bolo
I '
. ---::-), \ \.. \-\- \ \.
L-/\\i \.,""", ,-j jiL,\)c..,--'\'\S J
Witness (Signature)
,~.. ,,\ (', .\..0,,,\ L. ~ -\ ( (
Name (Print or Type)
LIBERTY BANK'
1 ~., -r L
By: " [, Lk ---<
ROBERT SMEDLEY. Pr sident
57= W1-~
Witness (Signature)
=S t"verl. t'}i So..(((7
Name (Print or Type)
Approved as to form and
legal sufficiency:
~ --{)U~
Assista t County Attorney
168 1
EXHIBIT
I
,
otl
I
i'J
~l,
, "~
LI
>(1';
) C)
TEMPORARY
CONSTRUCTIO,\I
LPSLM[NT
BROOKSIDE
DRIVE
EXiSTiNG 6',)'
>xIGHT -OF -WAY
I
I
I
I
-,
I
I
o 20 10
r ~
GRAPHIC SCALE
1"= .\[1'
j
L4
NOO'46'.!o"W
i:,
7>-
POiNT Of-
BEGiNNING
,----'
j
~-l
:V,,~{~ \.
I
I
i
'--
":11\;
I,,']'r' ,-f.':H,1(,j<
1 I, ]:
,
IT
/
~ POINT OF
COMMENCEMENT
:r:'i'
II <:.f" Wie
DAVIS BLVD,
S-858
LXIS! 1['1e 1 no'
hCHi . .:':r- _.-\\/~y
LEGEND:
L' ~ SEE L",E TAGeE
Ol~ OFf ICIAL l~lC(Jh'lYS BOOK
PC - PAGE
~L_,___.._
U.GAL [ESCRIPTION
(rFMPO~ARr CONSTRUCTi()N E/\SEMUJ
(I~C; I:" i(:'A\j :f;:;::>')n <{_"i,:
LL ":;-::F ':.![C ;',,) b,:; ,\Y.
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CC~.iMF~NC :~G '-,,:_ r,i~~",->t.C iU'i ..." N';hT" RIG:t: IA N/'Y ~; ~3'_:.'(j, r,:\\.''I'-;- t_~L_\lU
fiFii',1 :;-:r, ',\'{;E'j 1\':'" I)i;~' "'I l-~~- f \J'-'Ic,!. 'r,le /(~A[; ~)Er)/',k;\1Ch:: ~';'_,H
jp.f' jI S :_;;~;R, :;(T:Ui'J (L)':,~(j 'is:'):':, SHr l ;; 'v' ;.l/,TL.O ,), /U~
8C' J' ':;L<':-i'~C \';(i,'. 'i H <;H~ i:f )//,'1 I ur~ /~} l' I
rh':: \(_,/,'<: (;I~'''; \('1)<1 [{i)'! (I 'N/i: i;:';~ LC(;f,,)'Uj\\ >/':;;' I() 1 '-"'J,-Til :,)r
;.':.F I.Ft-iT ~"CCi-!li[ it4 or- CiA' F:L<~ <"~I;:; [(l:'V <:' V ,;:- CCJ;;:()' ,,'f
f1 r: c 'W;) n': UL,',',c' '-i( FOINT 0:'- CiEGiNNING 'f'" i>.',-'i~~, r~! s,. ,N_;' r,,;I"'~ r:'.F"1
>''--fIU!'; 1\(;-
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POiNT or BEGINNiNG Uf'
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THE rK,FTH R":;h c.r ',:,-f,'
.,] / 1 r F:Cf,:':, l~'C r':\:~ ",\1F r
OF SAID DAVIS OL'VO. AS BEING S.B9'13'25"W, AS
OF WAY "APS. STATE ROAD NUMBEP S- 858 SECTION
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Pfmming
Visu31ization
CONSUL TING Civil Engin..ring
..... ..., , ... .A. Surveying & Mapping
661(]WillowPllIkDriwl.Sk.iI.2'OO
N~pI". F1~;c.. 3~1(]g
PhDroll: ~239) 597.0575
F"'X:(2~9J 597.0578
Fi:lrir:la C8rMic~1e 01 Aulhori2alion "lb-69Sil
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TilLE GATEWAY TRIANGLE PHASE
TEMPORARY CONSTRUCTION
II
EASEMENT
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168
1
PROJECT:
PARCEL:
FOLIO:
99999 - Miscellaneous (Gateway Triangle)
185 - Liberty Bank
00386240005
SUBORDINATION OF EASEMENT INTEREST
AND AGREEMENT FOR FACILITY RELOCATION
THIS SUBORDINATION OF EASEMENT INTEREST is given this q~
day of /}l(,d" ,201';' by CITY OF NAPLES, a Municipal Corporation of
the State of Florida, its successors and/or assigns, whose post office address is 735 8th
Street South, Naples, Florida 34192 (hereinafter referred to as "Easement Holder" or
"City"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter referred to as "Collier County").
WIT N E SSE T H:
WHEREAS, Easement Holder is the owner and holder of that certain Easement
by and between Concoye Corporation, a Tennessee Corporation, Leslie King and
Virginia King, his wife, and City of Naples, Collier County, a municipal corporation under
the laws of the State of Florida, and recorded on October 20, 1971 in Official Records
Book 421, Page 31, et seQ., of the Public Records of Collier County, Florida,
(hereinafter referred to as "Encumbrance"), encumbering the premises legally
described therein (hereinafter referred to as the "Encumbered Property");
WHEREAS, Collier County has requested and received from the fee simple owner
of the Encumbered Property a Utility Easement over, under, on and across the
encumbered premises legally described in Exhibit "A" attached hereto and incorporated
herein by virtue of this reference (which premises are hereinafter referred to as the
"Easement"); and
WHEREAS, Collier County has requested that Easement Holder consent to and
subordinate its Encumbrance to the interest that Collier County has in the Encumbered
Property to which request Easement Holder has agreed; and
WHEREAS, Collier County, in recognition of City's pre-existing interest in the
Easement, is willing to pay for any future relocation of City's utility facilities and any
facilities associated therewith, and any future facilities from or within the entire width of
the Easement should Collier County, in its sole discretion, deem such relocation to be
necessary as a result of present or future uses of the Easement by Collier County or its
successors and/or assigns including, but not limited to, the cost of acquiring
replacement easement(s) on behalf of City; and
WHEREAS, City shall have the right to enter upon the lands described in Exhibit
"A" for the purposes of constructing, operating, repairing, expanding, improving and/or
otherwise maintaining its utility facilities and any associated facilities; and any future
facilities; and
WHEREAS, City agrees to repair any damage to Collier County facilities resulting
from City's sole negligence while exercising its rights to construct, operate, repair,
expand, improve and/or otherwise maintain its facilities with the Easement.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is agreed 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 are made a part of this Agreement;
2. City does hereby subordinate to Collier County its Encumbrance within the
Easement. Except as subordinated within Collier County's Easement, said
Encumbrance shall remain in full force and effect;
168 1
3. Collier County shall pay for the relocation of City's utility facilities associated
therewith and any future facilities from the Easement should Collier County, in its
sole discretion, deem such relocation to be necessary. The costs of said
relocation shall include, but not be limited to, the costs of acquiring replacement
easements on behalf of the City;
4. As long as City's facilities are located within the Easement, City shall have the
right to enter upon the Encumbered Property for the purposes of constructing,
operating, repairing, expanding, improving and/or otherwise maintaining its utility
facilities and associated facilities, and any future facilities.
5. As long as City's facilities are located within the Easement, City shall pay for any
and all damage to Collier County's facilities caused by the City's sole negligence
while exercising its rights to construct, operate, repair, expand, improve and/or
otherwise maintain its facilities within the Easement.
6. As long as City's facilities are located within the Easement, Collier County shall
pay for any damage to the City's utility facilities, any associated facilities and any
future facilities, which results from the construction, operation, repair, expansion,
improvement, and/or other maintenance of Collier County's facilities,
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COLLIER COUNTY:
DATED: JJtthu
\
ATTEST:
DWIGHT E. BROCK,Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~-JL w. ~
FRED W. COYLE, Chair a
Approved as to form and
legal sufficiency:
~S-'<)-j k ~_
Assistant County Attorney
AS TO CITY OF NAPLES:
ard!ft:~erk
:~TY OF NAPLES ~
BUtbf!
Approved as to form and
legal sufficiency:
,rJ ( J.-.( \ :) .r;i.
,i",. } I I WI.
City Attorney
168 1
EXHIBIT
~I
1+
at 1 I
~ \
I BROOKSIDEJ
l DRIVE
EXISTING 60' I
I RIGHT -OF -WAY
I I
N
W+E
LINE
11
L2
L3
L4
LINE TABLE
BEARING
S89'13'25"W
NOO'46'35"W
N89'13'25" E
SOO'21'41"E
LENGTH
78.13
15.00
78.23
15.00
EXISTING
15' UTlITY EASEMENT
PER O.R. 421, PG. 31
_ _ ---..L _ _
PROPOSED
COLLIER COUNT(
UTllT( EASEMENT
1173 SF
s
NORTH F
RIGHT OF WAY
o
20
40
,
GRAPHIC SCALE
1"= 40'
POINT OF
BEGINNING
DAVIS BLVD,
S-858
EXISTING 100'
RIGHT -OF -WAY
LEGEND:
L 1 ~ SEE LINE TABLE
OR OFFICIAL RECORDS BOOK
PG = PAGE
LEGAL DESCRIPTION
(COLLIER COUNTY UTILITY. EASEMENT)
A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY OF S-858, (DAVIS BLVD.) (100' WIDE) AND
BROOKSIDE DRIVE (60' WIDE) AS PER STATE OF FLORIDA, STATE ROAD DEPARTMENT, RIGHT OF WAY MAPS.
STATE ROAD NUMBER S-858, SECTION 03530-2605, SHEET 2 OF 3, DATED 03/68. THE FOLLOWING
DESCRIBED COLLIER COUNTY UTILITY EASEMENT;
THENCE S.89'13'25"W. ALONG SAID NORTH RIGHT OF WAY LINE AND THE SOUTH LINE OF 15 FOOT UTILITY
EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 421, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA FOR 78.13 FEET;
THENCE LEAVING SAID NORTH RIGHT OF WAY LINE N.00'46'35"W. FOR 15.00 FEET TO THE NORTH LINE OF
SAID 15 FOOT UTILITY EASEMENT;
THENCE N.89'13'25"E. ALONG THE NORTH LINE OF SAID UTILITY EASEMENT FOR 78.23 FEET TO A POINT
LYING ON THE WEST RIGHT OF WAY LINE OF SAID BROOKSIDE DRIVE;
THENCE S,OO'2I'41"E. ALONG SAID WEST RIGHT OF WAY LINE FOR 15.00 FEET TO THE POINT OF BEGINNING
OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 1,173 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
BEARINGS ARE BASED ON THE NORTH RIGHT OF WAY LINE OF SAID DAVIS BLVD. AS BEING S.89'13'25"W. AS
PER STATE OF FLORIDA, STATE ROAD DEPARTMENT, RIGHT OF WAY MAPS. STATE ROAD NUMBER S-858,
SECTION 03530-2605, SHEET 2 OF 3, DATED 03/68.
PREPARED BY:
RWA INC.
FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB 6952
'T\
_~JLZL-=J__
RICHARD V. NESTLER
DATE SIGNED
PROFESSIONAL LAND SURVEYOR, LB 4786
J"n.. 17.2009 !/:SB AM 5,\2007\070067,0'.02 Cal.....oy 1";0"9Itt SI<"m.."I~' Impr".....menls\OOI2 S",o"y;ng AtId Enqin"ering Support Services\OOOI Sllrv..yin9\OlQD670ID2SK1.d..,g
D'11 ^ mC'~~tion
CONSULTING Civil Engineering
..&. '-, , ..L .a.. Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples,FJorida34t09
Phone: (239} 597-0575
FAX: (239) 597-0578
Florida Certificate 01 Authorizalion # lb-6952
DATE:
6-16-09
RY
CLIENT COLLIER COUNTY
BOARD OF COUNTY COMMISIONERS
TITLE GATEWAY TRIANGLE PHASE II
COLLIER COUNTY UTILITY EASEMENT
SCALE"
1" - 40'
DRAWN BY
CHECKEOBY
RVN
SEC, TWP: RGE; PROJECT
2 50S 25E NUMBER: 070067.01.02
SHEET
NUMBER: 1 OF 1
FilE
NUMBER: 0700670102SKl