Folio #00431400004 UAE Agreement Project: Saba! Bay Force Main
Folio No.: 00431400004
UTILITY AND ACCESS EASEMENT AGREEMENT
THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into by and between COLLIER LAND DEVELOPMENT,
INC, a Florida corporation whose mailing address is 2550 Goodlette Road N., #100, Naples,
Florida 34103 (hereinafter referred to as "Owner"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual
non-exclusive Utility and Access Easement over, 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 Area") to the CCWSD for the stated purpose of constructing, maintaining and
operating utility facilities thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
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 Area to CCWSD via a Utility and Access Easement,
in the form attached hereto (Attachment "1"), for the sum of Seventeen Thousand and
no 00/100 Dollars ($17,000.00), U.S. currency by County Warrant or wire transfer (said
transaction hereinafter referred to as the "Closing").
2. 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 underlying the
Easement Area upon their recording in the Public Records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to the CCWSD on or before
the date of Closing.
3. CCWSD shall repair or replace at their cost any existing or future above ground/below
ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to
existing conditions or better due to the repair and/or replacement of the CCWSD owned
and maintained wastewater force main. Additionally, the Owner, its successors and
assigns, may utilize the Easement Area for access, and is allowed to construct site
improvements, including, and not limited to access roads, walls, signage structures,
utilities, landscaping, within the Easement Area.
4. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however, that CCWSD shall have the unilateral right to extend the
term of this Agreement for a period not to exceed sixty (60) days.
5. In any and all events, major construction is to be performed in accordance with the
contract between CCWSD and its contractor and is to be completed by December 31,
2013 with a onetime ninety (90) day extension request in writing no later than fifteen
(15) days prior to December 31, 2013. Any unforeseen reasonable administrative
extensions may occur in the event of force majeure.
6. Owner is aware and understands that the "offer" represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
7. Owner represents that to the Owner's knowledge, the Easement Area and all uses of
the Easement Area 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 Easement Area except as specifically disclosed to
CCWSD; that the Owner has no knowledge of any spill or environmental law violation on
any property contiguous to or in the vicinity of the Easement Area to be conveyed to
CCWSD; that the Owner has not received notice and otherwise has no knowledge of a)
any spill on the Easement Area, b) any existing or threatened environmental lien against
the Easement Area or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on the
0
Easement Area. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
8. CCWSD shall pay for all costs of recording the conveyance instruments in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and recording
costs for any curative instruments shall be borne and paid by Owner. The cost of a title
commitment shall be paid by CCWSD.
9. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from,
and to reimburse the CCWSD 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
CCWSD 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.
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 Easement Area 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.
12. If the Owner holds the property underlying the Easement Area 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, of the name and address of every person
having a beneficial interest in the property underlying the Easement Area before the
Easement Area held in such capacity is conveyed to Purchaser, its successors and
assigns. (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. 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 as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: 3
AS TO CCWSD:
DATED: -7- 9--/
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOD .OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVE r 1, G :OAR g, OF TI- E COLLIER
COU -1 E - WER L`3lSTRICT
.
BY 1 I
./ d T ut Clerk GM'gia A. Biller, Esq., Chairwoman
atte 10 Minoan'
signature(rr1;v,
AS TO OWNER:
DATED:—.72/4/Z o1/.,Z/.>/3 COLLIER LAND DEVELOPMENT, INC.,
a Florid orp ration
By__ .c By: �..
Witness (Signature) �-
Name.%.&e.41-7---x/9.€ cieei Print Name: PetT i r C l` ti. , �f�/
(Print or Type) u;c1 r Title: t ' 1 tpu
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Wit ess (Signature) A r
Name: save- H tv d
(Print or Type)
Approved as to form and legality
• • _V
Assis ,j t County Attorney
EXHIBIT, AA
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EXHI IT
Stantec -of ;-
LEGAL DESCRIPTION
Being a part of Section 19,
Township 50 South, Range 26 East,
Collier County, Florida
(Proposed Collier Utility Easement(C.U.E.)
BEGINNING at the Easterly most Corner of Tract"H", according to the Plat of Sabal Bay Commercial
Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier
County, Florida.
Thence along the Right of Way line of Tamiami Trail(US41) South 39°03'59" East 79.55 feet;
Thence leaving said Right of Way line South 50°56'01"West 15.00 feet;
Thence North 39°03'59"West 58.95 feet;
Thence North 84°04'07"West 7.93 feet;
Thence South 50°55'33"West 423.05 feet;
Thence South 28°25'33"West 29.42 feet;
Thence South 50°55'33"West 33.85 feet;
Thence South 62°10'33"West 15.38 feet;
Thence South 50°55'33"West 114.07 feet;
Thence North 74°11'12"West 43.93 feet;
Thence North 39°02'44"West 11.29 feet;
Thence North 89°48'16" East 51.36 feet;
Thence North 50°55'33" East 107.20 feet;
Thence North 50°55'33" East 7.74 feet to a point on the Boundary of said Tract"H".
Thence along said Boundary for the following seven(7)described courses:
1. North 50°55'33" East 99.46 feet;
2. 11.10 feet along the arc of a non-tangential circular curve concave northwest having a radius of
20.00 feet through a central angle of 31°47'18"and being subtended by a chord which bears
North 66°49'12" East 10.95 feet;
3. North 50°55'33"East 17.08 feet;
4. 28.53 feet along the arc of a circular curve concave northwest having a radius of 52.00 feet
through a central angle of 31°26'25"and being subtended by a chord which bears North
35°1220"East 28.18 feet;
5. North 19°29'07" East 4.70 feet;
6. 4.39 feet along the arc of a circular curve concave southeast having a radius of 8.00 feet through
a central angle of 31°26'25"and being subtended by a chord which bears North 35°12'20"East
4.34 feet;
7. North 50°55'33" East 449.00 feet to the POINT OF BEGINNING.
Containing 0.26 acres or 11,121 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the easterly line of said Tract"H", being North 50°55'33" East.
Certificate of authorization#LB-7866
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: Date: February 4,2013
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2D-122FM