Parcel 122TCEPROJECT: US -41 Coilie- Boulovard Intersection Improvements (60116)
PARCEL No(sj: 122TCE
FOLIO No(s). 00725722701
EASEMENT PURCHASE AGPEEM'=N T
THIS EASEMENT AGREE ENT (hereinafter referred 'o as the "Agreement ") is
made and entered into on this day of __ J 13 , by and between
FALLING WATERS BEACH RESORT MASTEW INC., a corporation
existing under the laws of the State of Florida, whose mailing address is c/o The Compass
Management Group, 3701 Tamiami Trail North, Naples, Florida 34103 (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 Temporary Non - Exclusive Construction Easement
over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as
"TCE "), which is attached hereto and made a part of this Agreement, for the purpose of
constructing roadway, sidewalk, drainage and utility facilities within the public right -of -way
immediately adjacent thereto; and
WHEREAS, Owner desires to convey the TCE 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 TCE.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
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 TCE to County for the sum of:
$1,700.00
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 TCE 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 TCE, and to remove all
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said TCE to County, including all attorneys' fees, expert witness
fees and costs as provided for in Chapter 73, Florida Statutes, provided however that
Collier County shall pay attorney fees to Jennifer A. Nichols, Esq., Roetzei &
Andress, 850 Park Shore Drive, Naples, FL 34103, in the amount of $1,250.00 for
counsel to Owner.
3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications
encumbering the TCE; the execution of such instruments which will remove, release or
subordinate such encumbrances from the TCE upon their recording in the public
records of Collier County, Florida. Prior to Closing and as soon after the execution of
this Agreement as is possible, Owner shall provide County with a copy of any existing
title insurance policy and the following documents and instruments properly executed,
witnessed, and notarized where required, in a form acceptable to County (hereinafter
referred to as "Closing Documents "):
Page 2
(a) TCE instrument;
i
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or quaHications affecting County's enjoyment of the TCE;
(c) Closing Statement;
(d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W -9 Form; 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.
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 Closing Documents, 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." County
shall pay all closing costs in connection with this Agreement, if any.
5. 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.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, to enter into and to execute this Agreement, to execute,
deliver and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform all
tasks required of Owner hereunder and to consummate the transaction
contemplated hereby.
(b) The provisions of this Agreement shall survive closing and are not deemed
satisfied by County's acceptance of the TCE
(c) No party or person other than County has any right or option to acquire the
TCE or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the TCE or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the TCE, without first
obtaining the written consent of County to such conveyance, encumbrance,
or agreement, which consent may be withheld by County for any reason
whatsoever.
(e) The property underlying the TCE, and all uses of the said property, have
been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the TCE except as
specifically disclosed to the 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 TCE to be sold to the County, that the Owner has not received
notice and otherwise haE no knowledge of: a) any spill on the property
underlying the TCE; b) any existing or threatened environmental lien against
the property underlying the TCE; or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of
j
Page 3
hazardous °ubstances on the properi;r underlying the TCE. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
7. County shall pay all fees 'o record ai-y curative instruments required to clear title, and
all TCE instrument recordir:g fees. in addition, County may elect to pay reasonable
processing fees required by lien- holders and/or easement- holders in connection with
the execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the TCE
8. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both pa ties 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.
9. If the Owner holds the property underlying the TCE in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owne,, 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 TCE before the TCE 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.)
10. Conveyance of the TCE, or any interest in the property underlying the TCE, 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.
11. 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.
12. 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:Q4T
A PEST r� BO (RD O C N Y COMMISSIONERS
DWtGHt'E, KNOCK, Clerk CO O T , FLORIDA
n f BY
GEORGIA A. HILLER, ESQ., Chairwoman
lie Oti'lai� rmans-
sigiur�!�1•
Page 4
AS TO OWNER:
FALLING WATERS BEACH RESORT MASTER
ASSOCIATION, INC., a corporation existing
unc;er the laws of the State of Florida
DATE
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Name (Print or T e)
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Name (Print or Type)
Approved as to form and
legal sufficiency:
V'1 tC� l tT
A stant County Attorney
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122TCE
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LEGEND
p44�P� pp� qty RW = RIGHT —OF —WAY
OR = OFFICIAL RECORDS BOOK
0.... P8 = PLAT BOOK
O`,(7 PG = PAGE
P08 = POINT OF BEGINNING
r� POC = POINT OF COMMENCEMENT
NO. = NUMBER ROAD
AKA ALSON KNOWN AS
LEGAL DESCRIPTION — PARCEL 122TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF A 100 FOOT WIDE ACCESS EASEMENT AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3004, PAGE 1857 AND THE EASTERLY BOUNDARY OF A 50 FOOT WIDE
RIGHT —OF WAY CONVEYANCE RECORDED IN OFFICIAL RECORDS BOOK 1938, PAGE 709, BOTH OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA
THENCE N3642'19 "E FOR 96.15 FEET ALONG THE EASTERLY BOUNDARY OF SAID 50 FOOT WIDE RIGHT —OF —WAY
CONVEYANCE;
THENCE LEAVING SAID EASTERLY BOUNDARY, S54' 17'41'E FOR 5.00 FEET;
THENCE S35'42'19'W FOR 96.15 FEET;
THENCE N51V 17 *41 "W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 481 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
�u A - R01Awl
TEMPORARY
CONSTRUCTION EASEMENT
DURATION YEARS.
r'/-{- - ---
MECHAE' - - A. WARD PROFESSIONAL LAND SURVEYOR LSD 530�� 1 - -- G E SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
Jwv #. 19fX IRA 'w A. \1R IpNXM1.;}G 00 !,^..:4E t ;:?R5, u!bnac!.+n u^.+tawm«vs..eW CNq�r wA4j"l?i ?vnst Fh f_�,r.. 5 a:s> 4x1 S4u•yxlvxar \KE —MI Rry O1lSk0. titKt.ap
PROJECT: U.S.41/C.R.951/S.R.951a ,
SKETCH AND LEGAL DESCRIPTION R 11 1
PARCEL 122TCE: TEMPORARY CONSTRUCTION EASEMENT Wowlow Pam ON".Su;(A2w
N59Y.W5 FA34(09
PREPARED FOR: COII.iER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS P^onA:(239is9r.o5� Fax : lz39ys91 -os76
L8 No.: 6952
JCB NUMBER I RE` ISiON rio.,4 {., RANGE. SC A .0 F ;£ NAME
090081 00-00 2 3 518 6/8/12
RA.K. SKD_122TC£ i i