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Backup Documents 09/14/2010 Item #16A11ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A 11 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 #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 shmature, draw aline through routine lines #1 through #4. complete the checklist and forward to Tan Mitchell nine iiil Route to Addressee(s) List in routing order Office Initials Date 1. Agenda Date Item was q 14 - Agenda Item Number 2. Approve b the BCC 1- Za1 O 3. Type of Document ,t Number of Original 4. Attached Documents Attached 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 911�'O 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 tie addressees above, including Ian Mitchell, need to contact staff for additional or missing inforration. 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 Contact �) at3bTalc le— 5 Phone Number 5844 Agenda Date Item was q 14 - Agenda Item Number 167 A It Approve b the BCC 1- Za1 O Type of Document ,t Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST F2 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS 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 es N/A (Not appropriate. itial) 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 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 our deadlines! 6. The document was approved by the BCC on -1 • l0 (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. F2 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 16A I1 PROJECT: Vanderbilt Beach Road PARCEL No(s): 99999- 203TCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into on this 14 day of 3CsPTfidjA"20A , by and between VANDERBILT GALLERIA CONDOMINIUM ASSOCIATION, a Florida not - for -profit corporation, whose mailing address is C/O Colonial Square Realty, Inc., Post Office Box 10608, Naples, Florida 34101 (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 "County "). WITNESSETH: WHEREAS, County, as a part of its roadway improvements to Vanderbilt Beach Road, requires access to the private road known as Gallerie Antichi Way in order to undertake certain pavement marking and striping; and WHEREAS, County, as a part of its roadway improvements to Vanderbilt Beach Road, requires access to the private road known as Fontana Del Sol Way in order to construct the new pavement of Vanderbilt Beach Road up to the existing pavers in Fontana Del Sol Way; and WHEREAS, County has requested that Owner convey to the County two Temporary Construction Easements over, under, upon and across the lands described in Exhibit "A" (a portion of Gallerie Antichi Way and a portion of Fontana Del Sol Way), which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easements"), and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easements to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. 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 Easements to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. 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. 4. Conveyance of the Easements by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. 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 CO NTY: DATED: - Zo 10 ATTEST: DWIGHT E. BROCK; Clerk 6% to C QT I�r� ld AS TO OWNER: DATED: qh A t � W(itness (Signature) e Name (Print or Type) 7 re Witn ss (SS ignature) Name (Print or Type) Approved as to form and ten � ssistan Coun Attorney Last Revised 11130109 16A11 BOARD OF COUNTY COMMISSIONERS COLLIER QOUyTY, FLORIDA BY: / -ii co, C??' Fred W. Coyle, Chairman VANDERBILT GALLERIA CONDOMINIUM ASSOCIATION, a Florida not - for -profit corporation I— (Sign / aera) - CLIFFORD A. OLSON, PRESIi ( Prlii t-PIdtN3rAt}' ^i'`nlVMGi`Ghyr, y 1 . PROPERTY MANAGER FORYa� A (Corporate Title) W LEGAL DESCRIPTION & SKETCH EXHIBIT A. (NOTASURVEY) Page ± 0 Commencing at the Southeast corner of Section 35, Township 48 South, Range 25 East, Collier County, Florida; thence along the south line of said Section South 89" 38' 54" West a distance of 100.00 feet to a point on the West right -of -way line of Airport — Pulling Road; thence continue along said Section line South 89° 38' 54" West a distance of 771.70 feet; thence North 00° 21' 06' West a distance of 160 feet to a point on the South right -of -way line of Vanderbilt Beach Road to the POINT OF BEGINNING of the parcel herein described; thence South 89° 38' 54" West a distance of 20 feet; thence North 00" 20' 33" West a distance of 300 feet; thence North 89" 38' 54" East a distance of 20 feet; thence South 00" 20' 33" East a distance of 300 feet to the POINT OF BEGINNING. 160' SOUTHEASTCORNER OF SECTION 35 SOUTH RIGHT -OF -WAY LINE OF VANDERBILT BEACH ROAD 771.70' -� WEST RIGHT -OF -WAY LINE OF SKETCH NOT TO SCALE _ - - -- ••"••o r...• =1-1—i-TR I�simaimimairena coiwo �e0aiane SxalcM1 NO.1) 061101104:54 PM �1 A11 LEGAL DESCRIPTION & SKETCH EXHIBIT r\ (NOT A SURVEY) Page — =of "r Commencing at the Southeast corner of Section 35, Township 48 South, Range 25 East, Collier County , Florida; thence along the south line of said Section South 89° 36' 54" West a distance of 100.00 feet to a point on the West right -of -way line of Airport — Pulling Road; thence continue along said Section line South 89° 38' 54" West a distance of 771.70 feet; thence North 00° 21' 06" West a distance of 160 feet to a point on the South right -of -way line of Vanderbilt Beach Road; thence South 89° 38' 54" West a distance of 269.51 feet to the POINT OF BEGINNING of the parcel herein described; thence South 89" 38' 54" West a distance of 140 feet; thence North 00° 20' 33" West a distance of 20 feel; thence North 89° 38' 54" East a distance of 140 feet; thence South 00° 20' 33" East a distance of 20 feet to the POINT OF BEGINNING. n nwv urvE OF VANDERBILT BEACH ROAD ;160' SOUTHEASTCORNER OF SECTION 35 771.70' WEST RIGHT -OF -WAY LINE OF SKETCH NOT TO SCALE Cooler County TransiXualion Engineering and Construction Management Deportment (Vanderbilt Gallena Cando Legal Intl Sketch No, 2) 0611 In 09'32 AM