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Parcel 260DAMEPROJECT: 51101 - LASIP — Wing South PARCEL No(s): 260DAME FOLIO No(s): 62030000283 EASEMENT AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of `' =` ° "'r 20 14 , by and between NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a Florida not - for - profit corporation, whose mailing address is 4784 Naples Lakes Blvd., Naples, FL 34112 (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 "). WITNESSETH: WHEREAS, County pursuant to PUD commitment 2002 -AR -3512, Ordinance No. 03 -33, has requested that Owner convey to the County a perpetual, non- exclusive Drainage, Access and Maintenance Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement "), which is attached hereto and made a part of this Agreement; WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County; and, WHEREAS, Owner shall execute a separate Drainage, Access and Maintenance Easement, as set forth below. 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: RECITALS - 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. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement 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 a property executed easement instrument) is hereinafter referred to as the "Closing." 3. TIME IS OF THE ESSENCE - 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. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - 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 mortgagees 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. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date of Closing 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. 6. FENCE - After Closing, County agrees to install, at its expense, a black clad, vinyl - coated six foot high chain link fence and gate at the location depicted in red on Exhibit "B" attached hereto and incorporated herein by reference. Owner will be responsible for maintenance of the fence along the easterly easement line in perpetuity. County will be responsible for maintenance of the gate and the fence at the southerly end of the easement on the Rattlesnake - Hammock Road frontage in perpetuity. The fence to be maintained by Owner shall belong to Owner. The fence and gate to be maintained by County shall belong to County. 7. DAMAGE TO CLIENT'S PROPERTY - County shall have reasonable right of access across Owner's property, access being limited to the area immediately adjacent to the easement area, for purposes of reaching the described easement (Exhibit "A'). Any damage to the Owner's property or improvements thereon as a result of such access to the described easement or construction, maintenance or repairs located within the easement shall be promptly restored by County, to the condition in which it existed prior to the damage, at County's sole cost and expense. 8. INDEMNIFICATION - Subject to the limitations set forth in Section 768.28, Florida Statutes, as it may be revised, amended, or renumbered from time to time, County shall indemnify and hold harmless Owner for any claims for money damages, or attorney's fees, if applicable, in tort for any injury to or loss of property, personal injury, or death caused by the negligent or wrongful act(s) or omission(s) by County, or of any official or employee of the County while acting within the scope of the official's or employee's office or employment, in its use of the easement area and access thereto. County shall require any contractor or agent of County entering the easement area to maintain insurance coverage in the form of a commercial general liability policy of insurance (occurrence form), insuring against all liability with respect to the easement, and access thereto, with a minimum per occurrence coverage limit and minimum general aggregate coverage of at least One Million Dollars ($1,000,000.00), including bodily injury and property damage. Such policy shall require that the insurer endeavor to provided not less than thirty (30) days advance written notice be provided to Owner in the event of cancellation or non - renewal. Evidence of said insurance shall be provided to Owner prior to County or its contractor or agent entering the easement area. 9. AUTHORIZATION –Prior to commencement of construction and/or activities authorized herein, which shall not commence until after Closing, the County shall obtain all permits, approvals and modifications, including but not limited to U.S. Army Corps of Engineers and Water Management District, as well as any PUD amendment and any other governmental approval or permitting, if required, at County's sole cost. 10. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above and as set forth in the separate Drainage, Access and Maintenance Easement to be signed at Closing; and this written Agreement and said separate Drainage, Access and Maintenance Easement, including all exhibits attached hereto and thereto, 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. 11. VENUE - 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: CC- 13, ZW S ATTEST: DWIGHT E. BROCK, Clerk Attest as, 4o, Qlerk signature o . BOARD OF COUNTY COMMISSIONERS COLLIER CITY, FLORIDA BY: TIM NANCE, Chairman N AS TO OWNER: DATED: ,s-c--pt -rnbc--r --2= a�t� -� Y r Witness ignature) W10i Approved as to form and legality: Emily Pep 9)tunty Assistant Attorney ACTIVE: 757406%1 NAPLES KE COUNTRY LUB HOME SSOCI ION, INC. a Flo ' a not -for. I` r ion IN e• gar Title: ©n Pri�#�nf .- wu1o1T t `` 80 I CO_UER COUNTY I. ASIP PARK .L2 (PARCEL NO. 00418560006)_ �0Q 'br � g inn 8i�-'X1fi Y7 r> 't 1 �'^P tiNd 8�_ jiy pA N Z� OOf�I�`• -1 > -� SCALE 1" _ 100' N7 ' '�1� ~�..I�T� > n J� Ago °� Q i�N °g 01 GG� 14� 0� z i vm hip 2 5! 2 v �o0 0 0 1TI F3 A In -+ ?i o `Impmq iy > �. xi0 A 8 0 N Z t mm m Z MEA Z > 10 e n CNy ng> �1 (Zj ° .tl Cf NO Z Qj . was saw* •� .. 4_.. .� n x a g B A p a p IA ■ Cj Q Lu Lu O� D Q bAd s 00 xroi m nOr1 18�M °w�'ry O Z �K{� o � - -3 k i by� m 1n P.0.8. 20' WIDE DAME � 7 STA. 200 +74.65 ROW LINE (OR 32'4, PC 0461) > OFFSET: 20.70 RT A N ° L3 Rh N > RATTLESNAKE HAMMOCK ROAD (O.R. v _ 684) (R.O.W. 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