Parcel 104
MEMORANDUM
Date:
May 24, 2006
To:
Joan Smith, Property Acquisition Specialist
Trans/ECM/ROW A
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Agreement: Goodlette-Frank Road Project #60005
Parcel: Nationwide (Windsor Place)
Enclosed please find one (1) copy of the document as referenced above,
approved by the Board of County Commissioners on Tuesday, June 14,
2005 (Agenda Item #16B8)
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure
....
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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 # I 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 si nature, draw a line throu h routin lines # I throu h #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order
1.
2.
3.
4.
5. Sue Filson, Executive Manager
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 info . is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original docum nts ne ding the BCC Ch 'rman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the
item.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
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The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
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 ur deadlines!
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
Count Attorne 's Office has reviewed the chan es, if a licable.
(Jood1e$t.,..!f~ ~u. p~. ~lO~
J: Forms/ County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Rcvised 2.24.05
~ hd~~io ~~,
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Number of Original
Documents Attached
Phone Number
Agenda Item Number
I.
2.
3.
4.
5.
6.
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Yes
(Initial
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PROJECT: Goodlette Frank Road
PARCEL: Nationwide (Windsor Place) ft104
FOLIO No. : 61941600100
AGREEMENT
THIS AGREEI'v1~NT (hereinafter referred to as the "Agreement") is made and entered
into on this /fJ'Hz day of April, 2006, by and between NATIONWIDE HEALTH
PROPERTIES, 'INC., a Maryland Corporation, whose mailing address is 610 Newport Center
Drive, Suite 1150, Newport Beach, California 92660 (hereinafter referred to as "Owner"), to
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 has requested that Owner convey to the County a perpetual, non-
exclusive Sidewalk, Slope and Utility Easement over, under, upon and across the lands
described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is
attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
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 Property 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless Closing
shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either
remove, release or subordinate any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Property.
5. Owner is aware and understands that this Agreement is subject to the acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
6. Owner represents that, to Owner's actual knowledge, the Property is presently in
compliance with all Federal, State and Local environmental laws and no hazardous
substances have been generated, stored, treated or transferred on the Property in
violation of applicable law, that Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental
lien against the Property or c) any lawsuit, proceeding or investigation regarding the.
Agreement
Page 2
generation, storage, treatment, spill or transfer of hazardous substances on the
Property. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and from,
and to 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 Owner's representation
under Section 6. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
8. County shall pay all fees to record any curative instruments required to clear title, all
Easement recording fees, and any and all costs and/or fees associated with securing
and recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property underlying the Easement; provided, however, that any
compensation, costs and/or fees required to secure and record releases or
satisfactions, shall be the responsibility of the Owner.
9. County shall insure that improvements made while under construction allow for ingress
and egress accessibility between Windsor Place and Goodlette-Frank Road at all
times. Prior to or no later then the completion of the construction of Phase One of the
Goodlette-Frank Road widening project the sidewalk, slope and drainage easement
required from Owner will be graded and sloped to meet the elevation of the new
construction.
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. Conveyance of the Property 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.
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida
(REMAINDER OF PAGE LEFT BLANK)
Agreement
Page 3
IN WITNESS WHEREOF, the parties have caused these presents to be executed the
date and year first above written.
AS TO COUNTY:
DATED~I 1~c2,d,
ATTEST: ,".'
DWIGHT E~'B.ROcKc.~t~rk
, ";. . ~. '.~
,[Jc
':-_: 'c. ;~puty plerk
Attest.,"~' to.CIljl,. .
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: <-:::"~~
-Frank Halas, Ch ir --
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AS TO OWNER:
WITNESSES:
p~ /VL<.---?p
Witness (Signature)
j)~~c..
rint)
NATION EAL TH PROPERTIES, INC.
a Ma n~JPration
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~.,)r f' (!Jf~Ll
v/tl4' jJa. tt{ J 6/i',Jr
'tness (Signa
Name: l~taJl,0 .5'H€~
(Print)
Approved as to form and
legal sufficiency:
lllJl j f\---
fo<L- E!llen Chadwell
Assistant County Attorney
SECTION 27,
TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, ~LORIOA
PARCEL NO. 104
PROPERTY OWNER: NATIONWIDE HEAL THCARE
REFERENCE: O.R. 2213, PG. 1264
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PARCEL 104
PROPOSED R. O. W.
(1,477SQ. FT. :1:)
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NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE
OF GOODLUTE FRANK ROAD AS BEING N 00"39'49" W.
....!I\
::::H..GNOLI
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:::::UARBER &
......13
.......
...... RUNDAGE,lNc.
Professional engineers, planners, & land surveyors
Collier County: Suite 200, 7400 Tamlaml Trail, North: Naplea, n 34108 (23V)5V7-3111
Lee Count,.: Suite 101. 1625 HendJ7 Str..t., Port My,n, FL 331il01 (238)334-1173
Certifloate of Authorization Noa. LB 3884 and ED 3884 Fax: (23V)888-2203
BY:
GEORG W. HACKNEY, ,:.~.M.' NO. 5606
SCALE: 1" = 50' DATE: JUNE 23. 2005
DRAWN BY: GWH PROJECT NO.: 8081-GR
ACAD NO: 9051- SD1 04 FILE NO: 9051
SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 104
A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
BEGINNING A T THE INTERSECTION OF THE SOUTHERL Y LINE OF A PARCEL OF LAND
AS DESCRIBED IN OFFICIAL RECORDS BOOK 2213, PAGE 1264 AND THE EASTERL Y
RIGHT-OF-WAY LINE OF GOODLETTE FRANK ROAD (C.R. 851) (170' R.O.W.);
THENCE NORTH 00'39'49" WEST ALONG SAID EASTERL Y RIGHT-OF-WA Y LINE A
DISTANCE OF 147.72 FEET;
THENCE LEAVING SAID LINE NORTH 89'20'11" EAST A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00'39'49" EAST ALONG A LINE 10.00 FEET EASTERL Y OF AND
PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 147.72 FEET TO THE
SOUTHERL Y LINE OF SAID PARCEL;
THENCE SOUTH 89'20'11" WEST ALONG SAID LINE A DISTANCE OF 10.00 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,477 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT A
Page "'J,.- of ~
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::::f-\.GNOLI
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:::::UARBER &
......(3
......
...... RUNDAGE,lNc,
Professional engineers. planners, & land surveyors
Co\JIor County: Suite 200, 7400 Tamloml Tr.II. North: Nap!o.. rL 34108 (239)~97-3111
Lao County, Suite 101. 182~ Hond.,. Stroot. Yort lIyo... rL 33901 (239)334-1173
Certificate of AuthorlUUoD No.. LB 3884 and n 3804 raI: {23V)Gee-Z203
LEGAL DESCRIPTION AND SKETCH, SHEET 2 OF 2
DESCRIPTION: PARCEL 104 " . f . '. ,
CLIENT: COLLIER COUNTY T~ANSPOR:ATION DI~IS'iON
,~. ,~~ . /.--. /. j('f //"
BY: A://~~ /.4~" '/zT,; , .' ;
GEOR~ W. HACKNEY,f*.s.M. NO. 5606
SCALE: N.T.S. DATE: JUNE 23. 2005
DRAWN BY: GWH PROJECT NO.: 8081-GR
ACAD NO: 9051- SD1 04 FILE NO: . 9051
THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: