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Backup Documents 04/27/2010 Item #16B 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP w TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 169 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 to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature draw a line throng routine, lines # 1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Robert Zachary, Asst. Cty. Atty. County Attorney �WL 1-1 2 9 fo 2. Ian Mitchell, BCC Supervisor Board of County Commissioners Agenda Item Number 1663 3. Minutes and Records * Clerk of Court's Office *Please scan under Transportation Bridge Program-Project No. 66066 in the BMR Real Property Folder Thank you 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252 -5843 Contact appropriate. (Initial) Applica ble Agenda Date Item was April 271i, 2010 Agenda Item Number 1663 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 1q) Number of Original One Attached � Documents Attached Please scan into INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2 24 05, Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble 1. 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, n' resolutions, etc. signed by the County Attorney's Office and signature pages from Iv`_ contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 04/27/2010 (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 W S Original 9.03.04, Revised 1.26.05, Revised 2 24 05, Revised 7.31.09 ITEM NO.: !1� DATE R�EIVED 160 3 CILENO.: K I �� li ic ROUTED TO: REQUEST FOR LEGAL Sk -kV10* ' S 4:00 FILE DATE: April 28, 2010 �z TO: Office of the County Attorney I va L41,3 u FROM: Robert Bosch, Right -of -Way Coordinator, TECM RE: Gift and Purchase Resolution: Accelerated Bridge Construction Pilot Project (Transportation Bridge Program Project No. 66066) BACKGROUND OF REQUEST: This resolution was approved by the BCC at its regular meeting on April 27, 2010 under agenda item 16B3. This item HAS been previously submitted under RPR (CIRCLE ONE) ACTION REQUESTED: Kindly approve the attached gift and purchase resolution, sign off where required on the routing slip and forward to the BCC Chairman for signature. I/ Thank you. Glio-L L(. 1- 43. in 168 3 RESOLUTION NO. 2010- 83 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF DRAINAGE EASEMENTS AND DRAINAGE, ACCESS AND MAINTENANCE EASEMENTS NECESSARY FOR THE CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD AND A NEW BRIDGE ON 23RD STREET SW, BOTH OVER THE GOLDEN GATE MAIN CANAL, TOGETHER WITH RELATED ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS, FOR THE ACCELERATED BRIDGE CONSTRUCTION PILOT PROJECT, BEING PART OF THE TRANSPORTATION BRIDGE PROGRAM. (PROJECT NO. 66066.) WHEREAS, the acquisition of drainage easements and drainage, access and maintenance easements for the construction of a replacement bridge on White Boulevard and a new bridge on 23`d Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility improvements for the Accelerated Bridge Construction Pilot Project (hereinafter referred to as "the Project "), being part of the Transportation Bridge Program (Project No. 66066), is included in Collier County's Five Year Transportation Work Program; and WHEREAS, plans and specifications have been prepared for the construction of the Project; and WHEREAS, the construction of a replacement bridge on White Boulevard and a new bridge on 23`d Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility improvements, as depicted in Exhibit "A ", attached hereto and incorporated herein, is necessary in order to protect the health, safety and welfare of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board has determined that the construction of a replacement bridge on White Boulevard and a new bridge on 23`d Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility improvements, for the Accelerated Bridge Construction Pilot Project, being part of the Transportation Bridge Program (Project No. 66066), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 160 3 2. The acquisition of drainage easements and drainage, access and maintenance easements for the construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Community Affairs. 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of drainage easements and drainage, access and maintenance easements necessary for the construction of a replacement bridge on White Boulevard and a new bridge on 23`d Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility improvements, within the Project corridor identified on Exhibit "A" (attached hereto and by reference made a part hereof), and the County Manager or his designee is hereby authorized and directed to acquire said easements by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to use either independent appraisal reports or "in- house" appraisals as the basis for making purchase offers to property owners. 5. In view of the differences of opinions between real estate appraisers regarding full compensation to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve purchases of drainage easements and drainage, access and maintenance easements where the property owner has agreed to sell to the County at, or up to twenty five percent (25 %) above the County's appraiser's estimate of full compensation to the property owner, with the maximum approval authority not to exceed $50,000 over the County's appraiser's estimate of full compensation, and to approve and to execute Closing Statements on behalf of the County. Such purchase approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed settlement over one hundred and twenty -five percent (125 %) of, or over $50,000 above, the County's estimate of full compensation (whichever is less) shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to -Page 2- 16d 3 execute drainage easement and drainage, access and maintenance easement agreements, utility subordination and relocation agreements, and /or other documents approved by the Office of the County Attorney to close real estate transactions, where the property owner has agreed to sell to the County at appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above). 7. Said Administrative Settlement authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner(s) of record, to title companies and attorneys closing real estate transactions, and to others who may possess an equitable interest in the subject real property parcels in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, drainage easements, drainage,, access and maintenance easements and other instruments as may be required to remove, release or subordinate the lien of any encumbrance, in order to effect constructive notice of the County's interest in real property. This Resolution, adopted on this ill" day of /I 11k r L , 2010, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK CLERK WpA at*cml • �igatt�r't oa�� Approved as to form and legal sufficiency: e_�_ �5 2,V4 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAWMAN -Page 3- Item # 106a Agenda Date 2 i01� Date �D Recd z O O f/! n a r rn D z N v O D O z D n n m r m D m m v co 0 47 m n O z co 1 X c n O z 'a r- 0 A X O L. m n 1 X O L. m n n O O O M 3 D T O W v O m O z x m m W O C r m a z 0 D z 0 N W A O U) M m m y m x x W E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1683 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. OnginaI documents should be hand 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 taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional sigiatures, dates, and/or information needed. If the document is already complete with the P.,o; •,f h,-r ha ib adc dmmmre draw a 1, rip it, ""i,h nnain, lines #1 Ihron-li 44_ conmlete the checklist- and forward to lan Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applicable) Agenda Date Item was 2. _ Agenda Item Number 16B3 (Reso. 2010 -83) Approved by the BCC �— 3. Type of Document 4. Robert Zachary, Asst Cty. Atty. County Attorney One Attached 5. Ian Mitchell, BCC Supervisor Board of County Commissioners (D 6. Minutes and Records* Clerk of Court's Office *Please scan under ABC Pilot Project (Transportation Bridge Program Project No. 66066) in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION The primary contact is the holder of die original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary , Primary contact an is needed in the event one of itle addressees above, including Site Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Robert Bosch, ROW Coordinator, 'rpt.Eng. Phone Number 252 -5843 Contact appropriate. (Initial) Applicable) Agenda Date Item was April 27", 2010 Agenda Item Number 16B3 (Reso. 2010 -83) 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 One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I'. Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 (14. Revised 1.26 -05, Revised 2 .24 05_ Revised 7.31.09 Initial the Yes column or mark ••N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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. 'I includes signature pages floor ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from MIS- contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 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 N/A should be provided to tan 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 by the BCC on 04/27/2010 (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. I'. Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9 03 (14. Revised 1.26 -05, Revised 2 .24 05_ Revised 7.31.09 1683 u u IT "T.W Date: August 6, 2010 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Drainage Easement Agreement Project #66066 /Parcel 102DE Per your request you will find enclosed one copy of each document referenced above (Agenda Item #16113), adopted by the Board of County Commissioners on April 27, 2010. If you should have any questions, please call me at 252-8411. Thank you. Enclosures 1683 PROJECT: Accelerated Bridge Construction Pilot Project (Transportation Bridge Program Proj. No. 66066) PARCEL NO.: 102DE FOLIO NO.: 37348000007 DRAINAGE EASEMENT AGREEMENT THIS DRAINAGE EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this J'� day of as , 2010, by and between RAMON LUJAN and MARIA LUJAN, husband and wife, whose mailing address is 2460 White Boulevard, Naples, FL 34117 -4320 (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 drainage easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires to convey the Easement to 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: $2,140.00 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: 1683 Page 2 (a) Drainage 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. 1683 Page 3 (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 16B3 Page 4 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. 10. 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. Furthermore, there shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to 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.) 11 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. 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: yo-... ATTEST: QYV %T- ,iDepVty K, Clerk "lt' mlt% lerk t k seq. y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i) BY: FRED W. COYLE, Chairman0 AS TO OWNER: DATED: Witness (Signature) r+t . 002C({ Name (Print or Type) �c Witness (Signature) 1 o-try C. 4 c,nd(er5'o vt Name (Print or Type) Witness (Signature) �dBF /�t • 30scN Name (Print or Type) Witness (Signature) Tarty C.-. (efSav� Name (Print or Type) Approved as to form and legal sufficiency. Assistant County Attorney Last Revised: 2/19/09 1 §83 �'A W"- L k RAMON LUJAN MARIA LUJAN, bV RAMON LUJAN, her attorney -in -fact 1683 9Mo'Z -IS loo- 4Z- of \A3Aans \Nble a3lsVW \s39(1a8 133aLS aa£z >d 0A19 3JHM 4z \o Loz- )3mns- &L33rOW \s j d .0 W ¢Q a �$a N ao �� §Qm W �°� ' 0� I/ w M F— Wf 2 w Q aN X y~jNW� ?�� W W W H .ny�go^ JU ?i W zoaw k $Woo° z F W¢ tz 2• ° ^�°n ho$� u""Q _yew Z w0 °? z° g! oz W� 8� x U_ W Lo ui e., sue• �.5 Wmvym'�'' �4 `-� Lo 24 �zV; i�i 3ZSg ma�m4o w Q LL U) C- yF C0 LLJ Z8- �Zz+ °a2$`�yrn WQ3ti�Q U O w Y v5 �QWZ zy� W ^ ^Qy`�'aW J p�O:v I}- tl ^LSD �,2zv��� CD co uj e Sm U `ti Q2 � z U W Wt UWez° = d� a O �`�c26,. fU- 00 W � I L V u W d V o w > O v N a ^ t N Q O m M 2 � iaJ LU�-I �V ` n .m n U 4 . — �"y v • V � Z m gg Om U L L1 CC) ziLo W Szh CO z = cM T a CCN L�O ^.yJ �/ d (W -k ssd 2 9d) W a Ll MW 30M 09 L-Li N 4 C`N CL .O V � JJJ j M T N [�N 'G � C #8A `-� m � ca A uY � = ti V G N v o O r � x m +IG J � ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 168 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original dOCnmentS should be hand 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 taken action 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 exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) List in routing order Office Initials Date Contact appropriat e. (Initial) Applicable) Agenda Date Item was April 27, 2010 Agenda Item Number 16133(Reso. 2010 -83) 2.t by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Easement Agreement Number of Original One 4. _ _ - .._ _. y 5. Ian Mitchell, BCC Supervisol Board of County Commissioners $ �' 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 Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Deborah Farris Phone Number X5861 Contact appropriat e. (Initial) Applicable) Agenda Date Item was April 27, 2010 Agenda Item Number 16133(Reso. 2010 -83) Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Easement Agreement Number of Original One Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriat e. (Initial) Applicable) 1. 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document the final date is or negotiated contract whichever applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature initials and are required. 5. In most cases (some contracts are an exception), the original document and this routing slip n/a 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 your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The CountV Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 PROJECT: Accelerated Bridge Construction Pilot Project (Transportation Bridge Program Proj. No. 66066) PARCEL No: 109DE FOLIO No: Portion of 36962160007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 22na day of July , 2011, by and between DEON V. LUCAS, an unmarried woman, whose mailing address is P.O. Box 9807, Naples, FL 34101 -9807, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual, non - exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "A ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement "); and WHEREAS, Owner desires 'to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $27,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 10 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate any existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall grant a Right of Entry to County, at no additional cost, for the purpose of photographically documenting a pre - construction assessment of the existing condition of the improvements located on Owner's property. 4. 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 County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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: 16B 3 Page 2 (a) Drainage Easement; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; (e) Right of Entry; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and /or title company. 5. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all such properly executed instruments required to remove or release any and all liens, encumbrances or qualifications affecting County's enjoyment of the Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 6. Owner agrees to relocate any existing fencing and irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 8. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. 1 �bBa� (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 10. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in 16 4a�e 4 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. 11. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 12. 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. 13. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 14. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 15. 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. 16. 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 C UNTY: W � DATES hr r ATTEST: z` I ffill" 6 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: `�Liil W FRED W. COYLE, Chai AS TO OWNER: DATED: " -, , Witness (Signature),/ Nam ;(Print or Ty ) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: JC- . vJRtGItT Assistant County Attorney Last Revised: 10/15/10 1643 5 i&z DEON V. LUCAq � o g� o a Cn D °• m �� tt y co H ^b O o n y n r r An � o m A �r n � �d Z CO co Of A P: N CD Z p p Cfl 0 Cfl A o p q I m ;E ° G "1 ml >1 O y 00 N W N � I c. 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Qj�y �yD b �y.a I o A ti � -0 r' D= 2j-� -ft.i z b Z^�y m D D {��l $° ~jai ?a�'�So i -O -! Z O N o o a _ n �- - O b R, o T Z y'S ^�y`C�yti ziQti m z °�y� n �.y'q0 oga �yay N L o D x 0 oC a �g'i2 !'M2p sa "� °yo b r�jg��aa �yb -0 h b O rn Z m ° �° °$ ° zatic°ti z$ °ao~ �a m tz At Z-j N >;-. , �K, S `"' -�� °002�� Ica `{ p'io�c2 20���< �A�2�w �,n, z 2 -4C°� S. C bgm�D by Zx \ D ^ry O�zi NqI- � � 0 'm� �O 2 ~Oa tia fin"" ��t^1i�vpp,O a ^may �n S: \PROJECTS - SURVEY- 2010 \24 WHITE BLVD & 23RD STREET BRIDGES \MASTER PLAN \SURVEY\10_24- 002_SL -1.DWG ti °maw Zmm� -1 y M>OZ Z o rn is C m z0 c cn m ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exce tion of the Chairman's sienature, draw aline throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Property Acquisition Specialist (Initial) Applicable) 2. / ' Agenda Item Number a 3 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. �,P� \N rk,o% %+ C)\-C) Number of Original 5, � r Board of County Commissioners Documents Attached / 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff MICHELLE L. SWEET Phone Number 239 - 252 -6027 Contact Property Acquisition Specialist (Initial) Applicable) Agenda Date Item was / ' Agenda Item Number a 3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document AyAw - Number of Original Attached 9(,2 r t n- Documents Attached INSTRUCTIONS & CHECKLIST is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS 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 appropriate. (Initial) Applicable) 1. 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 possibly 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 AW 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 Sue Filson 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 your deadlines! 6. The document was approved by the BCC on L1 n (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. is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 PROJECT: 66066 Bridge Repairs PARCEL: 110RDUE FOLIO: 45900600002 EASEMENT AGREEMENT THIS EASEMENT AGREE�AENT (herein er referred to as the "Agreement ") is made and entered into on this �f day of Vkk JtAA , 20�(_, by and between HUMBERTO MARTINEZ and SARA MARTINEZ, Uhusband and wife, whose mailing address is 2366 White Boulevard, Naples, Florida 34117(hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires a perpetual non - exclusive Right -of -Way, Drainage and 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 County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County for the sum of: $1,817.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. 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 County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County 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 Page 2 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 County, County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all such properly executed instruments required to remove or release any and all liens, encumbrances or qualifications affecting County's enjoyment of the Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. Page 3 (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by 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 Page 4 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. 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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 Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED:' /, ATTEST!':,) g,14A'o OW1G,j-1 '_ISROCK, Clerk u lerk BOARD OF COUNTY COMMISSIONERS COLLIE C UNTY, FLORIDA t1,). BY: FRED W. COYLE, Chairm AS TO OWNE DATED: L �! �r Witness (Signature) N (Print or Typ Witness (Signature Name (Print or Type) Witness (Signature) Nam Print or Type 6 Witness (Signature) A-FAe-to 9,-&e5 Name (Print or Type) Approved as to form and legal sufficiency: WRICURT As istant County Attorney Last Revised: 05/04/2011 HU RT MARTINEZ SARA MARTINEZ Page 5