Parcel 268RDUE PROJECT: Golden Gate Blvd. #60040
PARCEL No: 268RDUE
FOLIO No: 39386640003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this A4--511 day of t , 2014, by and between LUIS
LEBRON AND YOLANDA LEBRON, husband and wife, whose mailing address is 1860
Golden Gate Boulevard East, Naples, FL 34120-3607 (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 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:
$11,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this
Agreement (said transaction hereinafter referred to as the "Closing"). County also
agrees to pay the sum of $1,933.00 to Roetzel & Andress, c/o Attorney Kenneth A.
Jones for legal fees and all other costs. Said aggregate payment of $12,933.00
(representing Owner's proceeds, attorney fees and all other costs) shall be paid at
closing by County Warrant or funds wire transfer to Roetzel & Andress, c/o Attorney
Kenneth A. Jones, 2320 First Street, Suite 1000, Fort Myers, Florida 33901-2904, and
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
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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;
(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
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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.
(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
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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 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.
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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: Oet3o- f a014
ATTEST: BOARD OF LINTY ' •MMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER C UNTY, )fORIDA
d&■ I � _ • BY:
r_ttest�s t• 4".Dt�( Clerk TOM HENNING, Chairman
A
signature only.
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AS TO OWNER:
DATED: 9—//
/// /A.' ,1
Witness (Signature) LUIS LEBRO
Name (Print or Type
/tat- ice 9-//
Witness (Signature)
Name (Print or Type)
Witness (Signature) Yr/ 1 NDA LEBRON
Name (Print or Type)
Witness (Signatu e)
Name (Print or Type)
Approved as to form and legality:
A
Scott' A. Stipne, 91 1.1.4.
Assistant County Attorney
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EXHIBIT "A"
F
3 GOLDEN GATE BOULEVARD (CR 876)
x.44+00 145..00 146 00 - 141+00 148+CO I49+00
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PROPOSED ROADWAY EASEMENT
b PARCEL 268 RDUE
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TRACT 59 TRACT 60
TRACT 61
GOLDEN GATE ESTATES
UNIT 51
PLAT BOOK 5 PAGE 84
Y I WEST 150' OF
I TRACT 60
3
LEBRON 11LA
OR 2073/1047 Ci4 2827/24'0 i
'
I
SO FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE) TECM-ROW
inn PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (ROUE) FEB 0 1 2010
r //1 EX SI INC ROADWAY EASEMENT DEDICATED TO THE PERPETLA,
USE OF THE PUBLIC PER FLAT BOOK 5, PACE 84
LEGAL DESCRIPTION FOR PARCEL 268 RDUE
A PORTION OF TRACT 60, GOLDEN GATE ESTATES, UNIT 5' AS RECORDED IN PLAT BOOK 5. PAGE 84 OF THE PUBLIC
1" RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLuER
COUNTY, FLORIDA, BEING MORE PAR IICULARLY DESCRIBED AS FOLLOWS
THE SOUTH 43 FEET OF 1HE NORTH 93 FEET OF THE WEST 150 FEET OF SAID TRACT 60
CONTAINING 6.45C SQUARE FEET. MORE OR LESS.
0 ao ao 160 99:
YIC L Es ESS%M.L R"'LA
SKETCH & DESCRIPTION ONLY �_ 9LONpa REGSTRiFION C ' OR.
NOT A BOUNDARY SURVEY scALE r..ao' SCNNG 04'E
NOT vA1D'M%HOifT NS OR0NA.SIGNATUA 171 RASED EN9OSSE0 SEAL Of
FOR COLLIER COUNTY GOVERNMENT 80ARD Or COUNTY COMMISSIONERS A f:.D■DA REGISTERED'RO(E55(DN4 SURVEYOR AND MA PER.
GOLDEN GATE BOULEVARD `i J
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SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT O`S., Cl a X06
PARCEL 268 RDUE tioo woow Nm'Dan..SW.200
Naples.Fonda l 34109
COLLIER COUNTY. FLORIDA Plane(239)597-0575 FAX(239)597 0575
Le No.6952
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