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2874 Davis, LLC Easement Agreement PROJECT: CAT ADA EASEMENT PARCEL: 2874 Davis Blvd. FOLIO: 70820040005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between 2874 DAVIS LLC, a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is P.O. Box 2818, Syracuse, NY 13220, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of constructing, operating, maintaining, repairing and replacing paving and facilities associated with a bus stop and shelter 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 desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser 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. Owner shall convey the Easement to Purchaser for the sum of One Thousand Dollars and Zero Cents ($1,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). This payment is based on Owner's attorney fees in connection with this transaction in the amount of $1,000. Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) 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 such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument, and all affidavits and resolutions required by Purchaser's title insurance provider, to Purchaser in a form acceptable to Purchaser. 4. 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. 5. Owner represents that the property underlying the Easement, and all uses of 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 Purchaser; 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 Purchaser, 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. 6. 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 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Purchaser shall pay for the cost of recording the conveyance instrument in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by Purchaser. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments, including the cost of obtaining and recording the Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement shall be borne and paid by Owner. 8. 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. 9. Conveyance of the Easement 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. ®8�4 10. If 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, 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 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.) 11. 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 dates set forth below. AS TO PURCHASER: DATE AGREEMENT APPROVED BY BCC: October 25, 2016 Resolution 2016-225 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT-E.'8ROCK, Clerk COLLIER COUNTY, FLORIDA BY: ,Mai Deputy Clerk PENNY TAYLOR, Chairman Attest as tpchain*- �. - Sltf 4fttre GfJ • x H, (Signature page follows) AS TO OWNER: 2874 DAVIS, LLC a Florida limited liability company DATED: / 7- /7 LOikt,;v:\ �� .�,� By: -�✓c Witness (Signature) Name:UtLL,MM T. L'11.1(-.1 512. • (Print or Type) Print: r? k Y At A-6-A R. t aZiL ek4L-O• 1 Itk Witness Signature) Its: iArkN �1 V- Name: Kc-t (' vl©. (Print or Type) Approved as to form and legality: 14- 'A. Jen' er A. Bell); . . Assistant County A tt.rney 9 €-?N‘ (;;;;) \MVP ANNIIIIMEMPINIINSOMMOSIM10110i WV,-1 EXHIBIT DAVIS BOULEVARD POC DESC.-79'1 NE CORNER OF THE I Page \ of \ STATE WOAD 84 NW 1/4 OF THE I NE 1/4 OF SECTION 11, 1,n TOWNSHIP 50 SOUTH, RANGE 25 EAST 'l n w EAST LINE OF THE NW 1/4 m OF THE NE 1/4 I o OF SECTION 11, I o c 1 N89•22'1 1"E 7.00' S89'22'11"W 1 14.84' POB DESC. NO0•43'35"W 2.00' 500'43'35"E 2.00' R RIGHT GHT-OF-WAY OF 589.22'1 1"W 7.00' DAVIS BOULEVARD SITE OF BUS STOP IMPROVEMENTS r 3 a "' WEST 20' OF LOT 1, ALL OF LOTS 2, 3, 4 AND 5 o ROCK CREEK PINES NO. 2 o PLAT BOOK 2, PAGE 86 DS PARCEL NO. 70820040005 o OR 5147, PG 2338 0 0 ct DESCRIPTION A PARCEL OF TRACT OF LAND LYING SECTION 11, TOWNSHIP 50 o SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE 0 1.25 2.5 5 PARTICULARLY DESCRIBED AS FOLLOWS: ..F.2 I -, a COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11 THENCE S.00°28'51"E. ON THE EAST LINE OF THE NORTHWEST a QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11, FOR LEGEND T 35.55 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY C = CHORD LENGTH L, LINE OF DAVIS BOULEVARD (STATE ROAD 84); THENCE CB = CHORD BEARING • S.89°22'1 1"W., ON SAID NORTH RIGHT-OF-WAY LINE FOR 114.84 DE-SC. = DESCRIPTION • FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED INST. = INSTRUMENT NUMBER PARCEL; L = ARC LENGTH • THENCE S.00°43'35"E., DEPARTING SAID SOUTH RIGHT-OF-WAY LINE OR = OFFICIAL RECORDS BOOK FOR 2.00 FEET; PG = PAGE POB. = POINT OF BEGINNING E THENCE S.89°22'11"W., FOR 7.00 FEET; POC. = POINT OF COMMENCEMENT R = RADIUS o T- HENCE N.00°43'35"W., FOR 2.00 FEET TO AN INTERSECTION WITH A = DELTA ANGLE S- AID SOUTH RIGHT-OF-WAY LINE; '. THENCE N.89'22'1 1"E. ON SAID SOUTH RIGHT-OF-WAY LINE FOR • 7.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED o HEREIN; 2 CONTAINING 14 SQUARE FEET OR 0.00 ACRES, MORE OR LESS. N 0..............--/-) -'- BEARINGS HEREINABOVE MENTIONED ARE BASED ON SAID 2_,..--- NORTH-SOUTH SECTION LINE TO BEAR S.89°22'11"W. ` , Q y/ le .:z TIMOTHY J. DEVRIES P,I • NOTES: PROFESSIONAL SURVEYOR AND 'Iv;WPPER G1. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA CERTIFICATE NO. LS 6758 a ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT NOT VALID WITHOUT THE SIGNATURE AND THE ry PARCEL. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. COLLIER AREA TRANSIT 1 k6610 Willow Park Dr.,Suite 200 BUS STOP EASEMENT(ID 160) Naples,Florida 34109 LYING IN ,I Phone(239)597-0575 SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST Fax:LB No 695257s No.:6952 COLLIER, COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION- TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 150038.00.01 -0 11 50 25 1"=5' 06/17/16 TJD 150038.00.01 SD 1 OF 1