Loading...
Agenda 12/08/2020 Item #16C10 (Donation Agreement Pump Station 309.08)12/08/2020 EXECUTIVE SUMMARY Recommendation to approve the County’s standard donation agreement with a provision allowing for the payment of attorney’s fees to review the associated standard form easement documents pertaining to the donation of additional easement area for pump station 309.08. OBJECTIVE: To acquire additional easement area to accommodate a portable generator for pump station 309.08 as may be needed in the event of a power outage. The additional easement area has been requested by the Collier County Water-Sewer District. CONSIDERATIONS: The property owner is willing to donate the additional easement area but has required that the County pay his attorney’s fees to review the County’s standard form easement documents which include the Utility Easement, Donation Agreement, Grantor’s Non-Foreign Tax Payer Identification and “GAP Affidavit, Corporate Affidavit, and No Drilling Affidavit. Paragraph 6 of the Donation Agreement provides that the County will pay the property owner up to $750. The attached Invoice shows that property owner is responsible for $500 in attorney’s fees. FISCAL IMPACT: The County Water-Sewer District will be billed $500 as invoiced by the property owner’s attorney. The Water-Sewer District and property owner had previously agreed that attorney’s fees would not-exceed $750. Funds are available in The Wastewater Capital Fund (414) project 70046. GROWTH MANAGEMENT IMPACT: N/A LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To: i) to approve the County’s standard donation agreement with a provision allowing for the payment of the property owner’s attorney’s fees in the amount of $500, ii) authorize the Chairman to execute the Donation Agreement, as approved by the County attorney, iii) direct the County Manager or his designee to follow all appropriate closing procedures, and record the Utility Easement in the Collier County Public Records. Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. Invoice - Kevin A. Denti P.A. Statement #7922 (PDF) 2. Donation Agreement (signed) (PDF) 3. Location Map (DOCX) 16.C.10 Packet Pg. 2721 12/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.10 Doc ID: 14224 Item Summary: Recommendation to approve the County’s standard donation agreement with a provision allowing for the payment of attorney’s fees to review the associated standard form easement documents pertaining to the donation of additional easement area for pump station 309.08. Meeting Date: 12/08/2020 Prepared by: Title: – Facilities Management Name: Jay Malamphy 11/12/2020 9:32 AM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 11/12/2020 9:32 AM Approved By: Review: Facilities Management Damon Grant Director - Facilities Completed 11/13/2020 10:28 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/16/2020 8:21 AM Facilities Management Toni Mott Additional Reviewer Completed 11/16/2020 3:41 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 11/16/2020 3:41 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/16/2020 4:28 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/23/2020 10:44 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/25/2020 1:42 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/25/2020 3:15 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/30/2020 10:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/30/2020 11:32 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/01/2020 10:31 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM 16.C.10 Packet Pg. 2722 16.C.10.a Packet Pg. 2723 Attachment: Invoice - Kevin A. Denti P.A. Statement #7922 (14224 : Basin 305 Pump Stations (PS 309.08)) :58思 .。N: 記ざ譜305 Pump s"tOns FOL10: 27830840002 DONATION AGREEMENT THIS DONATTON AGREEMENT (hereinafter refened to as the ',Agreement,,) is madeand enteGd into by and bet\reen NAvoNA FLoRloA tilvEsrilEilTs l, tNc., ; Frorida corporation (hereinafter referred to as "owner"), whose mailing address is 2100 MathesonBlvd. E., suite 200, Mississauga, oN, canada. L4wsElcA ant ttre BoARD oF couNwCOMMSSIoT{ERS OF COLLIER COUI{TY, FLORIDA AS THE GOVERNING BOOY OFCOLLIER COUNTY AND AS EXOFFICIO THE GOVERNTNG BOARD OF THE COU-IENcouNw WATER€EWER DlsrRlcr, (hereinafter referred to as "county"), whose maitingaddress is 3335 Tamiami Trail East, Suite 10,1, Naples, Florida 341.,12. WTNESSETH: . WHEREAS, County has requested that O,vner crnvey to the County a perpetual, non_ exclusive easement for the purpose of constructing, operating, maintaining, and repairing apump station and related facilities over, under, upon and icross the lands described in Exhibit "A" (hereinafler refened to as "Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, owner desires to convey the Easement to county for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Orner recognizes the benelit to Owner and desires lo convey the Easement 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 Easement requested by County: and 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. Owner shall convey the Easement to County at no cost to the County, unless otherwise stated herein. 2. Pnor 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. 3. 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 lhe unilateral right to extend the tem of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbranoes or qualifications affecting County's enioyment of the Property. 4. Owner is aware and understands that this Agreement is subjec{ to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Orner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property lo be conveyed to the County, that the ollner has not received notice and otherwise has noC 16.C.10.b Packet Pg. 2724 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08)) 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 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. 6. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mo(gagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by County. The cost of a title commitment shall be paid by County. The County shall, at Closing, pay to Owner (or to Owner's selected counsel), the sum of up to $750.00 representing Owner's attorney's fees in conneclion with this transaction. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is execuled 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. 8. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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. 9. lf the Owner holds the Property in the form of a partnership, lamited partnership, corporation, trust or any form of represenlative 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 before the Property held in such capacity is conveyed to County, its successors and assigns. (lf the corporation is registered with the Federal Securities Exchange Commission or registered puBuant to Chapter 517, Florida Statutes, whose stock is for sale lo the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes). '10. This Agreement is governed and construed in accordance with the laws of the State of Florida. lN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year set forth below. DATE ACQUISIT10N APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: Crysta K K nze,Clerk BOARD OF COUNTY COMMISS10NERS COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX‐OFFIC10 THE GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER DISTRICT,Deputy Clerk By: Burt L. Saunders. Chairman (signatures continued on next page) (l) 16.C.10.b Packet Pg. 2725 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08)) AS T0 0wNER: WITNESSES Mtt n多t ″′ `″ ィ ニ´ ィル′ィ^″` 烈 ι ″ Approved as to form and legality: 」enn畿 〕rA Be!pedio,AssistantCountyAttorniy,)り 11、、gヽ a。40 NAVONA FLORIDAINVESTMENTSi lNC a Flo「ida By: Bernd D. Abromeit-Kremser, President 16.C.10.b Packet Pg. 2726 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08)) 3. 4. 5. 6. Pagel at J- This is not o survey. No eosement seorch or obstrocting wos done by the surveyor ond note should be token thot this property is subject to ony focts thot moy be reveoled under o full ond occurote title seorch. Unless otherwise indicoted, oll existing eosements shown hereon ore bosed on plot. Not other persons or entities other thon those listed os exclusive users moy rely on this sketch & description. All dimensions ore in feet ond decimols thereof, unless otherwise noted. Subject to eosements, reservotions, ond restrictions of record. GRAPHIC SCALE 5 10 (IN「EET) l inch = 10 ft LOT 2,CORPOMI SOtJARFRa ,4 PCS, 27-28 廓 繭の正面面I墨 爾F麗 面f~ DESCRIPTION: Being o portion of Lot 21 of Corporote Squore os recorded in Plot Book 14 ot Poges 27 ond 28, more porticulorly described os follows: The North 7.55 feet of the South 27.55 leel of the Eost 30.00 feet of the West 59.22 Feel of Lot 21, of Corporote Squore os recorded in Plot Book 14 ot Poges 27 ond 28 of the Public Records of Collier County, Florido. Contoining 226.5 squore feet more or less or .005 ocres more or less.N59。22θ 50.00・ CORPOMTE S彎 甥ど Nο RTH For the Exclusive Use Of: COLLIER COUNTY BOARD OF COUNTY COMMISIONERS Digitally signed by DaVid J. HVatt Davidr.HyattPsM ' *s934PSM#5834 Date:20re.os.2e 08:51:27 {4'00' Dσ v′d J Hyctt, PSM, Floridσ ιicerlse lVο . 5854 Nof vσ ′d wit力 Otrt t力 e s●″。(υ re σnd οrlg′ησ′ seo′ οF t力 e Flο ridσ ι′censed ProFessio″σ′ Sυ ve/ο ′ σ″d Mσ ρρer Ce″iFiccte οFハ υ!力 Orizσ tわ n/7705 m sJ―mと MPPrrc J825 8ECF aOじ ―DS」E 725 NAPLtt FLO用 麟 J4"` (2")J89-0026出MRCOSυ 廟OSCOr A Portion of Lot 21 Corporote Squore Collier County, Florido Sυ θ PRalEC■ NOTES 16.C.10.b Packet Pg. 2727 Attachment: Donation Agreement (signed) (14224 : Basin 305 Pump Stations (PS 309.08)) LOCATION MAP BASIN 305 – PUMP STATION 309.08 PS 309.08 16.C.10.c Packet Pg. 2728 Attachment: Location Map (14224 : Basin 305 Pump Stations (PS 309.08))