E's Store Agmt Parcel 501 & 701
PROJECT: Oil Well Rd. at Immokalee Rd.
Intersection Improvements
PARCELS: 501 & 701
FOLIO: 64700625608
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this B cJv day of m~ ' 200~ by and between E'S COUNTRY
STORES, LLC, a Florida limited I ability company, whose mailing address is 21246-C
Clubside Drive, Boca Raton, Florida 33434 (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 County a perpetual, non-
exclusive Slope and Utility Easement over, under, 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"); and
WHEREAS, Owner has requested that County widen the Oil Well Road entrance to
Owner's property situated at 14344 Immokalee Road, as more fully depicted in the
Construction Plan Sheet marked Exhibit "B", attached hereto and made a part of this
Agreement (hereinafter referred to as "the Work"); and
WHEREAS, Owner has agreed to grant to County a Temporary Construction Easement
over, under, upon and across the lands described in Exhibit "C", which is attached hereto and
made a part of this Agreement (hereinafter referred to as "the TCE") in order that County
may carry out the Work; and
WHEREAS, in recognition of the mutual benefits to be obtained, Owner desires to
convey the Easement and the TCE (hereinafter collectively referred to as "the Easements")
to County for the stated purposes, and County desires to carry out the Work, on the terms
and conditions set forth herein, said terms including that no compensation shall be due and
payable for the Easements or for the Work.
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 properly executed easement instruments) 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 Easements, the execution of such instruments which
will rernove, release or subordinate such encumbrances from the Easements 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
Agreement
Page 2
remove, release or subordinate any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Easements.
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 the best of its knowledge the property underlying the
Easements and all uses of said property have been and presently are in compliance
with all Federal, State and Local environmental laws; that to the best of its knowledge
no hazardous substances have been generated, stored, treated or transferred on the
property underlying the Easements except as specifically disclosed to County; that
Owner has no actual knowledge of any spill or environmental law violation on any
property contiguous to or in the vicinity of the Easements to be conveyed to County,
that the Owner has not received notice and otherwise has no knowledge of a) any spill
on the property underlying the Easements, b) any existing or threatened environmental
lien against the property underlying the Easements or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the Easements. This provision shall survive
Closing for a period of one year and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless County against and from, and
reimburse 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 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 Easements; 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 carry out the Work at its own expense as part of the construction of Oil
Well Road at Immokalee Road Intersection Improvements (Collier County Project No.
60016) (hereinafter referred to as "the Project") and within the confines of the
Temporary Construction Easement. County shall pay the permitting fees and the
construction costs for the Work.
10. County shall not close Owner's existing driveway onto Oil Well Road without alternative
access to Oil Well Road, acceptable to Owner (which consent shall not be
unreasonably withheld), first having been provided further to the east, and Owner shall
grant the necessary right of entry onto its property to allow such alternative access
(driveway connection) to be constructed by others at no cost or expense to Owner.
11. To the fullest extent permitted by law, County shall indemnify, defend, save and hold
harmless Owner, Owner's officers, agents, invitees, guests, and/or employees from
and against any construction liens, suits, demands, claims, liability, losses, penalties,
damages, judgments, orders, decrees, and costs and expenses (including attorneys'
fees and all costs of litigation) for property damage, construction lien, liability, or death
which may result from or arise out of any willful misconduct or negligent act of County
which occurred or is alleged to have occurred with respect to County's use of the
Easements. This indemnification provision shall not he construed as a waiver of
sovereign immunity or any limitation of liability to which County may be entitled under
Section 768.28, Fla. Stat. This provision shall survive Closing and shall not be deemed
satisfied upon conveyance of title.
12. County or its agents will provide Owner with at least ten days' advance, written notice of
commencement of the Work, which notice shall identify the work to be done and the
estimated number of weeks to complete the Work.
Agreement
Page 3
13. 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.
14. 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.
15. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED: 5/S/.;J..oo'-
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Ir,.;':',,,,\'''''\:'-. .::}.i-. . v
AFT-EST: '<"; ......
oWlGHT EiBROCK., Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~~ --::3.:7 ____
AS TO OWNER:
WITNESSES:
E'S COUNTRY STORES, LLC,
a Florida limited liability company
RJAtr;~
Witness (Signature)
Name:~P68'r R4:~es
(Print)
~ \"~/A-4"'-'
~ignature)
Name:~t\.i<.. L~~~<<-f'
(Print)
Approved as to form and
legal sufficiency:
k t/ U~,..-<-
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT A
page.--Lot 2.
SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF SLOPE AND UTILITY EASEMENT (PARCEL NO. 501)
ALL THAT PARCEL OF LAND SITUATE IN SECTION 23, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE NORTH 10 FEET OF THE EAST 355 FEET OF THE WEST 380 FEET OF
PARCEL 1, ORANGE TREE UNIT THREE, CITRUS GREENS SECTION, PHASE
1-A, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 14,
PAGE 121, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS
AND EXCEPT THAT CERTAIN PARCEL OF RIGHT-OF-WAY DESIGNATED AS
"PARCEL NO. 188", MORE PARTICULARLY DESCRIBED IN THAT CERTAIN
ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3111, PAGE
557 ET SEa., PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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EXHIBIT A
Page 2. of 2...
LEGAL DESCRIPTION AND SKETCH
SLOPE AND UTILITY EASEMENT
(PARCEL NO. 501)
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E'S COUNTRY STORES, LLC
PROPOSED 10 - FT. SLOPE AND
UTILITY EASEMENT (NOT TO SCALE)
IMMOKALEE ROAD
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NOTES
1, BEARINGS ARE BASED ON THE SOUTH
RIGHT-OF-WAY LINE OF OIL WELL ROAD
AS BEING S 87'48'10" W ESTABliSHED
FROM STATE PLANE COORDINATES FLORIDA
EAST ZONE AND 83/99 ADJUSTMENT.
2, THIS PROPERTY IS SUBJECT TO ANY
FACTS THAT MAY BE REVEALED WITH A
FULL AND ACCURATE TITLE SEARCH,
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3, SUBJECT TO EASEMENTS, RESERVATIONS
AND RESTRICTIONS OF RECORD,
4, ALL DIMENSIONS ARE IN FEET AND
DECIMALS THEREOF, UNLESS OTHERWISE
NOTED,
1
LEGAL DESCRIPTION
A PORTION OF PARCEL 1, ORANGETREE
UNIT THREE, CITRUS GREENS SECTION,
PHASE 1 -A, AS RECORDED IN PLAT BOOK
14, PAGE 121 OF THE PUBLIC RECORDS
OF COLliER COUNTY, FLORIDA. BEING
MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
COMMENCING AT THE INTERSECTION OF
THE SOUTHERLY RIGHT-OF-WAY liNE OF
OIL WELL ROAD AND THE CENTERLINE OF
VALENCIA DRIVE AS SHOWN ON,
ORANGETREE UNIT THREE, CITRUS GREENS
SECTION, PHASE 1 -A, AS RECORDED IN
PLAT BOOK 14, PAGE 121 OF THE PUBliC
RECORDS OF COLliER COUNTY, FLORIDA.;
THENCE ALONG SAID SOUTH
RIGHT-OF-WAY liNE S,87'48'10"W., A
DISTANCE OF 390,06 FEET TO THE POINT
OF BEGINNING; THENCE S,02'16'06" E" A
DISTANCE OF 30.00 FEET; THENCE
S,87'48'10"W" A DISTANCE OF 80,00
FEET; THENCE N,02'16'06"W" A DISTANCE
OF 30.00 FEET TO ITS INTERSECTION WITH
SAID SOUTH RIGHT -OF-WAY liNE; THENCE
N,87'48'10"E, ALONG SAID SOUTH
RIGHT-OF-WAY liNE, A DISTANCE OF
80,00 FEET TO THE POINT OF BEGINNING,
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CONTAINING 2,400,00 SQUARE FEET OR
0,0551 ACRES, MORE OR LESS.
LEGEND
R/W = RIGHT -OF -WAY
ct = CENTERLINE
U,E. UTiliTY EASEMENT
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
P.B, PLAT BOOK
PG PAGE
SURVEYOR'S CERTIFICATE
FOR THE EXCLUSIVE USE OF:
COLliER COUNTY TRANSPORTATION DIVISION
PARCEL 701
AVID J, H n, P
FLA. L1C, 0, 5834
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
This is NOT a Survey.
Wil.Miller -~~~..
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PRCWECr NO: SHEEr
N6037-001-000 1 OF 1
DMWINO laX NO:
1 GG-36
REV:
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