Parcel 101/Deauville of Naples MEMORANDUM
TO: Sue Filson, Administrative Assistant
BOARD OF COUNTY COMMISSIONERS
FROM: Wiima Iverson
Senior Property Specialist
Real Property Management Department
RE: County Barn Road - Parcel I01
DATE: September 22, 1998
With regard to the above referenced Project and Parcel, attached for the Chaim'mn, Ms. Barbara B.
Berry's review and execution is an Easement Agreement. Kindly sign and date the Agreement
and have Dwight E. Brock, attest to the Chaim'mn's signature.
The Board of County Commissioners of Collier County, Florida approved the conveyance in
Resolution 96-356 presented August 13, 1996, Agenda Item 16 B 6.
Please return a copy of the Agreement to the Real Proper~y Management Department for closing.
Thank you in advance for your prompt attention to this request. Should you have any questions,
please feel free to contact me at #8991.
attachment
PROJECT: County Barn Road
PARCEL: 101
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (.hereinafter referred to as the "Agreement") is made and
entered by and between Deauville of Naples Condominium Association, Inc., a Florida non-profit
corporation, its successors and assigns, (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 an 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 "Properly") for road right-of-way, sidewalk, drainage, utility, and maintenance
purposes; and
WHEREAS, thc Owner desires to convey the Easements to the Purchaser for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, tile Purchaser has agreed to compensate the Owner for the granting of the
Easements over, under, upon, and across the Property.
NOW THEREFORE, in consideration of these premises, the suni often Dollars (SlO.O0), and
other good and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, it is agreed by and between tire parties as follows:
I. Oxvncr shall grant to l'urchascr Easements over, under, upon, and across tile Properly in
exchange for tire sum of $22.300.00 as full payment for the Property interest taken and for removal or
destruction of landscaping, trees, shrubs, improvements and fixtures, and for any damages resulting to
the remainder, if less than the entire property was taken, and for all other damages in connection with
said Property.
2. Purchaser shall pay Owner for above referenced cost by Cot, nty Wah'ant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and that,
therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by
Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver
an easement to Purchaser in a form 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 Properly, the execution of such instruments that will, upon
their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from
the Properly. Sucb instruments shall be provided to Purchaser on or before the date of closing.
5. Conveyance of the Easements, or any interest in the Properly, by the 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 pt, rchase represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier Cotmty, Florida.
7. Owner represents that the Properly and all uses of the Property have been and presently are
in compliance with all Federal, State and Local environmental la~vs; that no hazardous substances have
been generated, stored, treated or transferred on the Property except as specifically disclosed to the
County; that the Owner has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Properly to be sold to the County, that the seller has not received
notice and otbcrv,'ise has no knowledge of a) any spill on the Property, b) any existing or threatened
environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer ofbazardous substances on the Property. This provision
shall survive closing and is not deemed satisfied by conveyance of title.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County
against and from, and to reimburse the Counly 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 asserled against the County 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 tile casements. 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 home and paid by Owner.
10. If the Owner holds the Proper~y in thc form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for olhers, 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 before the Properly 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 pt, rsuant to Chapter 517, Florida Statutes,
~vhose stock is for sale to tile general public, il is hereby exempt from the provisions of Chapter 286,
Florida Statt,tes.)
II. This Agreement is governed and construed in accordauce with Ihe laws o£ the State of
Florida.
IN WITNESS WIIEREOF, the t~artics hereto have executed this Easement Agreement on this
Dated Project/Acquisition Approved by
BCC: Rcs. 96-356.8/13/96 16.B.6
AS TO PURCHASER:
.,ATTEST: BOARD OF COUNTY COMMISSIONERS
':DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
to Chat~,P~tl,sDe uty Clerk
' "ASTOO~: ·
~ ESSES ' ~.,
~~~-;~ /,~[,' Donuville of Naples Co,,dominium Associalion. Inc.
~ignature) ~.~
(Printed Name)
Approved as to form and
legal ~sufficiency:
Heidi F. Ashton
Assistant County Attorney
PROJECT NO.
N PROJECT PARCEL NO. ~O~
TAX PARCEL NO,
NORTHWEST CORNER OF
DEAOVILLE LAKE CLUB
A CONOOMINIUM
NOT TO SCALE
50o~
DEAUV1LLE LAKE CLUB, a CONDOMINIUM
~oI (O.R. 1523, P 2149 - 2151)
Z
r,.'
ADDITIONAL 25' RIGHT-OF-WAY
PER. ORD. 88-102
~E EAST 15 FEET Of ~E ~ST 40 FEET Of ~E SOU~EAST 1/4
OF ~E NOR~SI 1/4, LESS ~E ~ST 50 FEET, OF SEC~ON 17,
CO~IAI~I~G: 20,070
PREPARED BY:
. ...., ~ ~
SKETCH OF OESCRIP~ON "' ["~ ,""
mis IS NOT A SURLY WILKISON' "~
ASSOC'IATES
CONSUL~NO ENOINEERS AND SUR~YORS
3508 EXCHAN6E A~. NAPES, ~, 33942
(941) 643-2404 FAX NO. (,941) 643-5173
g559-163.DWO