Parcel 278RDUE PROJECT: Golden Gate Blvd #60040
PARCEL No(s): 278RDUE
FOLIO No(s): Portion of 39386880009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 9th day of September , 2014, by and between
BETH R. FLICK f/k/a BETH SACKOWITZ, a married woman joined by her spouse
JOHN D. FLICK, whose mailing address is 1970 Golden Gate Blvd E, Naples, Florida
34120-3691, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do
the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to
as "County").
WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way,
Drainage 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 desires to convey the Easement 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
Easement.
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 Easement to County for the sum of:
$8,500.00
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 Easement 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
(if any), and the cost to cut and cap irrigation lines (if any) extending into the
Easement, and to remove all sprinkler valves and related electrical wiring (if any),
and all other damages in connection with conveyance of said Easement to County,
including all attorneys' fees, expert witness fees and costs as provided for in Chapter
73, Florida Statutes.
3. 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 (prepared by County) properly executed,
witnessed and notarized where required, in a form acceptable to County (hereinafter
referred to as "Closing Documents"):
(a) Road Right-of-Way, Drainage and Utility Easement;
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(b) Instruments required removing, releasing or subordinating any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement.
(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."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event owner
fails to relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of the
Improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
Improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. 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.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, 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) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
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(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 Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
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) There is no maintenance, construction, advertising, management, leasing,
employment, service or other contract affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) To the best of Owner's knowledge, the property underlying the Easement,
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 Easement 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 Easement to
be sold to the County, that the Owner has not received notice and otherwise
has no knowledge of: a) any spill on the property underlying the Easement;
b) any existing or threatened environmental lien against the property
underlying the Easement; or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and 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 any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording 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
Easement; provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, lien-
holder or other encumbrance-holder for the protection of its security interest, or as
consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
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compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
11. 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.
12. If the Owner holds the property underlying the Easement 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, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement 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.)
13. Conveyance of the Easement, or any interest in the property underlying the
Easement, 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.
14. 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.
15. 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: September 9 , 2014
ATTEST: BOARD 0 COU Y COMMISSIONERS
DWIGHT, BROCK, Clerk COLLIE' COU , FLORIDA or
� . k iM HEN ING, C' airman
A - • •
signatt'e 00Y.
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AS TO OWNER:
DATED: 1',7 J
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Witness (Signa J re) B' TH R. FLICK f a
S. l L BETH R. SACKOWITZ
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Name (Print or Type)
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W. ness (Sig f ature) JOHN D. FLICK
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Name (Print or Type)
Approved as to form and legality
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Ill _ '
mily Pepi
Assistant County Attorney
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R PROPOSED ROADWAY EASEMENT —
PARCEL 278 RDUE
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SQ. FT. SQUARE FEET
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�1 . A PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)NT// USETOF HEAPUBLICAPEREP DEDICAT
BOOK E5,, PAGE 84PERPETUAL FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 278 RDUE
A PORTION OF TRACT 62, GOLDEN GATE ESTATES, UNIT 51 AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 53 FEET OF THE NORTH 103 FEET OF THE WEST 75 FEET OF THE EAST 180 FEET OF SAID TRACT 62.
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CONTAINING 3,975 SQUARE FEET, MORE OR LESS. �/�/V
0 40 80 180 BY, ii
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L A. WARD. PROFESSIONAL SURVEYOR & MAPPER
SKETCH & DESCRIPTION ONLY FLORIDA REGISTRATIO CERTIFl���PPPTE NO. 5301
SIGNING DATE: / //Q
NOT A BOUNDARY SURVEY SCALE: 1"=ao' S/I 20/
NOT VALID WITHOUT THE ORIGINAL TURF & RAISED EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSION SURVEYOR AND MAPPER.
GOLDEN GATE BOULEVARD MI TA
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SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTING > se
PARCEL 278 RDUE 6610 Willow Park Drive,Suite 200
Naples,Florida 34109
COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX:(239)597-0578
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 00011 REV 01 I 1 I 49 1 27 I 1" = 80' I DEC. 2009 I S.D.L. I SK 278 1 OF 1
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