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Parcel 155TO: FROM: DATE: INTEROFFICE MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist .~/,,~ ~¢ Real Property Management Departme~t/.~.' August17,1999 RE: Golden Gate Boulevard, Parcel 155 Project 63041 (Bergeron) Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that the document has been reviewed and approved by the County Attorney's Office. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Florida approved acquisition by gift, purchase or condemnation pursuant to Resolution 99-283. dated June 22, 1999. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician Ill, Minutes and Records Management, for attestation by the Clerk to the Board. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: Golden Gate Blvd. PARCEL: 155 FOLIO: 36863880004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between DONALD J. BERGERON AND PATRIClA BERGERON, husband and wife (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference; WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporary Driveway Restoration Easement over, under, upon and across the lands, for reconstructing the driveway, described in Exhibit "B", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement and the Temporary Driveway Restoration Easement to the Purchaser for the stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Easement and the Temporary Driveway Restoration Easement, as well as any, improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement and the Temporary Driveway Restoration Easement (hereinafter collectively referred to as "Properties") and for the improvements, over, under, upon, and across the Properties. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $ 7,100, broken down as follows: Easement Temporary Driveway Restoration Easement Improvements (If any) Severance Damages $ 1,500.00 $ 100.00 $ ~.,800.00 TOTAL: $ 7,100.00 Owner accepts the above compensation as full payment for the Properties, and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to the remainder, if less than Owner's entire property was taken, and for all other damages in connection with the conveyance of said Properties to Purchaser. 2. Purchaser shall pay Owner by County Warrant. 3. This Agreement shall be null and void, and of no further force or effect, unless closing shall occur within ninety (90) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement, pending receipt of all properly executed instruments affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an instrument acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Easement, the execution of such instruments that wilt, upon their recording in the Public Records of Collier Coun'l, Florida, clear any and all encumbrances from the Easement. Such instruments, including the Temporary Driveway Restoration Easement, shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Properties, or any interest in the Properties, 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. 6. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represents that the Propedies and all uses of the Propedies 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 Properties except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous ~o or in /he vicinity of the Properties to be sold to the Purchaser, that lhe Owner has not received notice and olherwise has no knowledge of a/any spit~ an th~ Properties, b) any ex~sbng or threatened envlronmen.tat the Properties or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Properties. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. The Purchaser 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. Owner shall be responsible for paying any costs and/or fees associated with tl~e securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Easement from the mortgagee(s). 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/hr assignees, whenever lhe conlext so requires or admits. 11. If the Owner holds the Properties 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, Flodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Properties before the Properties 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.) 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 this ./,J~ day of. ~ , 19,~ Dated Project/Acquisition Approved by BCC: ~ Dated Proiect/Condemnation Approved by BCC: 6-22-99 Res. No. 99-283 AS TO PURCHASER: DA, TED: ~,,~ · . ATTEST: "~ BOARD OF~ISSIONERS · '. DWIGHT E. BROCk, Clerk COLLIER C13J~N~.Y, FLORIDA _,. ,~,S.TO OWNER: DATED: ~ - ~.-~' - ~ff Witness~Sign, ature) Name ~r,~,~ t~. (Print or Type) ~ame:J__.-.,/,¢~.,./ . ].. J~?9,,~,,,/ (Print or Type) Withe ss..(.Sig nature) Name: t:::: r ra i"'r,. (-.t), (Print or Type~, Wi~ess ('~ i g~ a t,~'")~../ (Print or Type) atricia Berg(~ron J · PROJECT NO. 63041. PROJECT PARCEL NO. 155 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 63, LESS the West 30 feet thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. I~0 FT W_EST P.R(~ERI'y LINE // .!,~ORTH PROPERTY LINE ~0 Ffl 300 FEET 15 FOOT DRAINAGE. UTILITY '-- AND MAINTENANCE EASEMENT E ~-.' Et..... ·....; ._.-..j-_..j~.-.j i.-.~ ~.Z i.....~. IEXtSTING 50' ~ EASE~Ei'IT) S0~JTH PROPERTY LIhIE ~ EAST PROPERTY LINE (GOLOEN GATE BLVO ) SCALE: linch · 100foet PROJECT: Golden Gate Blvd. (TDRE) PARCEL: 155 FOLIO: 36863880004 THE EAST 30 FEET OF THE WEST 175 FEET OF THE NORTH 15 FEET OF THE SOUTH 80 FEET OF TRACT 63, GOLDEN GATE ESTATES UNIT NO. 6, AS RECORDED IN PLAT BOOK 4, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.