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Backup Documents 07/11/2017 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 1/1 2. BCC Office Board of County 7\ Commissioners v-\/5/ \, ..3\ -� 3. Minutes and Records* Clerk of Court's Office 11(13A7 3:O11?ry1 *Please scan under Curry Canal Weir Proj. No. 60205 in the BMR Real Property Folder. Thank you. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,Asst.M .,ROW Phone Number 252-5843 Contact/ Department Acquisitions,Transpo ation Engineering Agenda Date Item was July 11,2017 Agenda Item Number 16.A. Approved by the BCC Type of Document Agreements Number of Original Three Attached Documents Attached PO number or account DO NOT RECORD number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? No 2. Does the document need to be sent to another agency for additional signatures? If yes, No provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ---"b by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's '. •• _ - -- .• :--• -I tered as the date of BCC approval of the document or the final negotiated contract da hichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. s• 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. y Some documents are time sensitive and require forwarding to Tallahassee within a certain l� time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 07/11/2017(enter date)and all changes made during the meeting have been incorporated in the attached document. The f-- '+r County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for theep Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A3 MEMORANDUM Date: July 14, 2017 To: Robert Bosch, ROW Coordinator TECM Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Construction, Drainage, Access & Maintenance Easement Agreement for Project 60205 — Curry Canal Weir; Folio #37590320001 Construction Access & Maintenance Easement Agreement for Project #60205 — Curry Canal Weir; Portion of Folio #00212720000 Construction, Drainage, Access & Maintenance Easement Agreement for Project 60205 — Curry Canal Weir; Portion of Folio #00212720000 Attached for your records, is a scanned copy of the document referenced above is attached, (Agenda Item #16A3) adopted by the Board of County Commissioners on Tuesday, July 11, 2017. The original has been kept by the Board's Minutes and Records Department as part of the Board's Official Records. If you should have any questions, please call me at 252-7240. Thank you. 16A3 PROJECT: 60205 - Curry Canal Weir PARCEL(s): 104DAME FOLIO(s), 37590320001 CONSTRUCTION, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this thril day of l( , 2017, by and between JKK ZORRILLA, LLC, a Florida limited liability co pany, whose mailing address is 5621 Whisperwood Blvd. 901, Naples, FL 34110 (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 construction, drainage, access and maintenance easement to enter upon and use the real property described in Exhibit '.A" which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement") for any and all purposes deemed by County to be necessary. convenient, incident to, or in connection with 1) constructing, operating, maintaining and utilizing a stabilized access and maintenance path capable of providing access for vehicles and equipment for purposes of access, ingress and egress to. and construction and maintenance of, drainage facilities within the Easement and the drainage easement immediately adjacent thereto, and 2) canal excavation and realignment. constructing, operating and maintaining a weir and related facilities, including but not limited to the following: (i) grubbing and removal of vegetation, trees and encroachments: (ii) construction staging: (iii) construction activities and operation of construction equipment:. (iv) daily and overnight parking of vehicles and equipment; (v) dewatering: (vi) construction, operation and maintenance of new permanent structures and improvements; (vii) transporting and storing construction equipment, materials, fill, vehicles and supplies (viii) access, ingress and egress; and WHEREAS. It is contemplated that County will utilize contractors, subcontractors, employees and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors. subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this 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 (510 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. CAO 1 6 A 3 Page 2 1. 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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $4,750.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) 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 irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into 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. CLOSING DOCUMENTS AND CLEAR TITLE - 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. 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 properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as Closing Documents"): (a) Construction, Drainage, Access and Maintenance Easement; (b) Instruments required to remove, release or subordinate 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. 16A3 Page 3 4 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. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5 IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - 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), 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 all 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 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 riot deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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. 16A3 Page 4 (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 are no maintenance, construction, advertising. management, leasing, employment, service or other contracts 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 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) 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 arid 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 16A3 • Page 5 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County and the South Florida Water Management District 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. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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. PRIOR YEAR AD VALOREM TAXES - There shall he 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. 11 . EFFECTIVE DATE - 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. PUBLIC DISCLOSURE - 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. ENTIRE AGREEMENT - 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. CAO 16 A 3 Page 6 I I 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. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement; such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - 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. 16. 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: DATE D dL.?I L 14- 101 -1 ATTEST . - Y. - BOARD OF COUNTY COMMISSIONERS DWIGkt:T EliBROCK, Clerk COLLIER TY, FLORIDA -)1'0 Y _ ( ept� — PENNY TAY CHAI Attest s to Cl airman's_• --I.k t l\\—\ signature only. ID 1 6 A 3 Page 7 S TO OWNER:D EU ' _v / / �' JKKZ{}RR|L|A LLC, 8F|nndahrniAad __ - liability company . BY. x0o *��-- -~—�^'' tnesss (S|(Signature) uo* BARNES -Manager - Tca-c,-,A. '�� l Name (Print or Type) (.11-L-6Witness (Signature) �� /J /, /\���_5 Name (Print or Type) / | Approved as to form and legality: -(1F-- v�_ ��V | Assistant County Attorney ustnevacu 08//,16 16 A 3 Tract No. TS100-002 Permanent Easement A tract of land in Section 28, Township 48 South, Range 27 East being described as follows: All That part of the East 25 feet of the West 95 feet of the North 300 feet of Tract 8 Golden Gate Estates Unit No. 20 as recorded in Plat Book 7 page 79 Collier County Florida Public Records, tying Southerly of Tract 155 as Recorded in Official Records Book 4631 page 3240 Collier County, Florida Public Records. The above described parcel of land contains 0.12 acres more or less. EXHIBIT A Pagei of .?. This description is not valid unless accompanied by the description sketch THIS DRAWING SET DOES NOT REPRESENT A SURVEY COLLIER COUNTY, FLORIDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT INFRASTRUCTURE MANAGEMENT BUREAU SURVEY & MAPPING SECTION P 0 BOX 24680, 3301 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33416-4680 Tract TS100-002 Permanent Easement DRA.%N CdECKED DATE SCALE DRAWWG NUMBER SHEET _ N.E. R.K. 13JAN1 7 N/ A TS100-002 1 OF 16 A --- 20 21 SECTION LINE 29 28 SECTION LINE IMMOKALEE ROAD b I 0 RIGHT OF WAY .._ NORTH LINE TRACT 8 30' IMMOKALEE ROAD o TRACT 155 0 50 TRACT 153 3 N RIGHT OF WAY INTENDED DISPLAY SCALE ROAD W (ORB 4631 PAGE 3240) SCALE IN U.S. SURVEY FEET RIGHT OF WAY .-,a o (ORB 3292 (5mz 1" = 50' t M W PAGE 120) .-a n in o SLOINEUTHERLOFYIMMRIGHTOKALE OFROAD SOUTHERLY o EXHIBIT / RIGHT OF WAY Page....CL.o0— LINE OF IMMOKALEE ROAD .5t o o SECTION 28 70' 25' . M TOWNSHIP 48 SOUTH ' RANGE 27 EAST r z a TRACT 8 41 U GOLDEN GATE ESTATES W UNIT No. 20 d PLAT BOOK 7 PAGE 79 Z W o COLLIER COUNTY FLORIDA N U W w PUBLIC RECORDS z x1 d n� 0 o z A H I.IfGI'NF) J z SECTION 29 r OU Section Corner TOWNSHIP 48 SOUTH J w dd RANGE 27 EAST In H ORB = OFFICIAL RECORDS BOOK (COWER 6COUNTY FLORIDA PUBLIC RECORDS) 70' 25' . 95' i777. `= Permanent Easement • iii// 4 SURVI=VOR'S NULL: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT VAUD. 2. AERIAL IMAGE FOR INFORMATION PURPOSES ONLY THIS DRAWING SET DOES NOT REPRESENT A SURVEY COLLIER COUNTY, FLORIDA ('I R III I('A FION: I Hereby CERTIFY that this description meets the applicable SOUTH FLORIDA WATER MANAGEMENT DISTRICT STANDARDS OF PRACTICE FOR SURVEYS set forth by the INFRASTRUCTURE MANAGEMENT BUREAU FLORIDA BOARD OF SURVEYORS AND MAPPERS in Chapter SURVEY & MAPPING SECTION 5J-17, FLORIDA ADMINISTRAHVF CODE, PURSUANT TO P.O. BOX 24680, 3301 GUN CLUB ROAD SECTION $72.027, FLORIDA STATE STATUTES. WEST PALM BEACH, FLORIDA 33416-4680 NO SEARCH OF THE PUBIUC RECORDS has been mode by Inis office. Date of Signoture _ _2. __ Tract TS100-002 • Permanent Easement y J HOWARD J. EHMKE II. PROFESSIONAL SURVEYOR AND MAPPER DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET FLORIDA CLETIRCATE NO. 4191 H.E. R.K. 23JAN17 N/A TS100-002 2 of 2 16A3 PROJECT: 60205 - Curry Canal Weir PARCEL(s): 103AME FOLIO(s): Portion of 00212720000 CONSTRUCTION, ACCESS AND MAINTENANCE EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2017, by and between THOMAS J. FONTANA, whose mailing address is 3975 5th Ave. NW, Naples, FL 34119 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive construction, access and maintenance easement to enter upon and use the real property described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement") for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with constructing, operating, maintaining and utilizing a stabilized access and maintenance path capable of providing access for vehicles and equipment for purposes of access, ingress and egress to, and construction and maintenance of, drainage facilities within the drainage easement immediately adjacent thereto; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this 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. 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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $6,000 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) 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 irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into 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. 16A3 Page 2 3. CLOSING DOCUMENTS AND CLEAR TITLE - 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. 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 properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Construction, Drainage, Access and Maintenance Easement; (b) Instruments required to remove, release or subordinate 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. 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. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - 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), 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 all 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 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. ACCESS DURING CONSTRUCTION — County and the South Florida Water Management District shall ensure that Owner's access with a vehicle and horse trailer across the Easement to and from that portion of Maverick Lane lying south of the Easement is at all times maintained upon a stabilized access throughway. CAO 16A3 Page 3 7. MISCELLANEOUS REQUIREMENTS - 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. 8. REPRESENTATIONS AND WARRANTIES - 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 are no maintenance, construction, advertising, management, leasing, employment, service or other contracts 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 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) 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 1 6 A 3 Page 4 underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County and the South Florida Water Management District 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. 10. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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." 11. PRIOR YEAR AD VALOREM TAXES - 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. 12. EFFECTIVE DATE - 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. 13. PUBLIC DISCLOSURE - 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.) 14. ENTIRE AGREEMENT - 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. 15. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy 16A3 Page 5 said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 16. SEVERABILITY - 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. 17. 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: s,. tai !`l 2o17 ATTEST: BOARD •F • NTY COMMISSIONERS DWIGHT E. BROCK; Clerk COLLIE' rair TY, FLORIDA • BY: //JA.AA...i Deputy..I le r� `- PENNY TA vu ', CHAD• N Attest as to Chaim 's .: signature only. AS TO OWNER: DATED: '"/ / 62 2 i 7 CtAkj44 Witness (Signature) THOMAS J. O ANA Name (Print or Type) &MAL ai1 -&- Witness (Signature) boociact L. OTcJLt Name (Print or Type) Approved as to form and legality: trA .i Assistant County Attorney Last Revised:08/1/16 16 A 3 f Tract Na. TS100-003 PARCEL 103AE: PERPETUAL, NON-EXCLUSIVE CONSTRUCTION, ACCESS AND MAINTENANCE EASEMENT A tract of land in Section 29, Township 48 South, Range 27 East being described as follows: The South 55 feet of the North 234.18 feet of the West 43.76 feet of the East 60 feet of said Section 29. The above described parcel of land contains 0.06 of an acre more or less. EXHIBIT I This description is not valid unless accompanied by the description sketch THIS DRAWING SET DOES NOT REPRESENT A SURVEY COLLIER COUNTY, FLORIDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT INFRASTRUCTURE MANAGEMENT BUREAU SURVEY & MAPPING SECTION ' VR 0 F P.O. BOX 24680, 3301 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33416-4680 Tract TS100-003 DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET Al� H.E. R.K. 27FE817 N/A TS100-001 1 of 2 ' , 6 A 31, - 20 21 '411I SECTION LINE SECTION LINE 29 28 1 A IMMOKALEE ROAD a — 30' RIGHT OF WAY ID NORTH LINE TRACT 8 �..��__ TRACT 153 IMMOKALEE ROAD 0 50 ROAD RIGH 4F WAY r, (ORB 3292 'AGE 120 N RIGHT OF WAY INTENDED DISPLAY SCALA PER NO'E 1) *u.. w N (ORB 4631 PAGE 3240 SCALE IN U.S. SURVEY FEET Diaz PER NOTE 1) 1" = 50' re) ^MN Cas SOUTHEY RIGWAY N o ''# LIN 0 IMMOKALE1EOF ROAD cc (PERRLNOTEHT 1) A .OUTHERLY RIGHT TRACT a WAY UNE OF TS100-003 iUMOKALEE ROAD) 6.OB ACRES t (PER NOTE 1) 4 SECTION 28 N TOWNSHIP 48 SOUTH ` RANGE'27 EAST 43.76' 60' TRACT 8 GOLDEN GATE ESTATES , UNIT No. 20 PLAT BOOK 7 PAGE 79 COLLIER COUNTY FLORIDA PUBLIC RECORDS i LEGEND ,.' N • Section Corner } ',. Z �, t ' , 9'4'4 2- z 4 ORB = OFFICIAL RECORDS BOOK ''''''' r A,P''';k't' ' 1' .. , > ti�— ; /= Tract No. T5100-003 u_ w-K' SURVEYOR'S NOTE: t z 1. THE SOUTHERLY,ROAD RIGHT OF WAY LINE REFERS TO THE RIGHT ~�. OF WAY MAPS OF IMMOKALEE ROAD —S.R. 846) PREPARED BY WILSON MILLER FOR COLLIER COUNTY DEPARTMENT OF TRANSPORTATION FILE NO. 1H-11, PROJECT NO. k 04014-000-000—BG00f• SHEET 9 OF 18), LAST REVISION 1/03, 2 IN ORB .3138 PAGE 2970, THE PARCEL IN THE SKETCH , (SUPPORTED BY THE RIGHT OF WAY MAP IN NOTE 1) WAS HELD. 70'" * 3. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY. AND IS NOT VAUD. SECTION 29 '': 4. AERIAL IMAGE FOR INFORMATION PURPOSES ONLY TOWNSHIP 48 SOUTH RANGE'27 EAST . 1, THIS DRAWING SET DOES NOT REPRESENT A SURVEY CEiRIIIICATION: COLLIER COUNTY, FLORIDA I Hereby CERTIFY that this description meets the applicable SOUTH FLORIDA WATER MANAGEMENT DISTRICT STANDARDS OF PRACTICE FOR SURVEYS set forth by the INFRASTRUCTURE MANAGEMENT BUREAU FLORIDA BOARD OF SUPvF.YORS ANO MAPPERS in Chapter SURVEY & MAPPING SECTION 5J-17, FLORIDA ADMINISTRKIIVE CODE, PURSUANT TO P.O. BOX 24680, 3301 GUN CLUB ROAD SECTION 47 .27, FLORIDA STATE STATUTES. WEST PALM BEACH, FLORIDA 33416-4680 NO SEARC itF THE PUBLIC REFIRDS as been ��7 II�..a. mode b ins office. y / G/�yV 1`L7 Da . off gnature ,o I ___ Page A, Tr et TS100-003 HI A"1+ J. EHMKE II. ---" "0 SIONAL SURVEYOR AND MAPPER DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET FLORIDA CERTIFICATE NO. 4191 H.E. R.K. 27FEB17 N/A TS100-001 2 OF I 16A3 PROJECT: 60205 - Curry Canal Weir PARCEL(s): 103 DAME FOLIO(s): Portion of 00212720000 CONSTRUCTION, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 1\ \r\ day of n"u\LA , 2017, by and between THOMAS J. FONTANA, whose mailing address is 3975 5th Ave. NW, Naples, FL 34119 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive construction, drainage, access and maintenance easement to enter upon and use the real property described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement") for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with 1) constructing, operating, maintaining and utilizing a stabilized access and maintenance path capable of providing access for vehicles and equipment for purposes of access, ingress and egress to, and construction and maintenance of, drainage facilities within the Easement and the drainage easement immediately adjacent thereto, and 2) canal excavation and realignment, constructing, operating and maintaining a weir and related facilities, including but not limited to the following: (i) grubbing and removal of vegetation, trees and encroachments; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) construction, operation and maintenance of new permanent structures and improvements; (vii) transporting and storing construction equipment, materials, fill, vehicles and supplies (viii) access, ingress and egress; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this 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. 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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $34,000 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) 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 irrigation system and other CAO 16A3 Page 2 improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into 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. CLOSING DOCUMENTS AND CLEAR TITLE - 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. 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 properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Construction, Drainage, Access and Maintenance Easement; (b) Instruments required to remove, release or subordinate 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. 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. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - 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), 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 all 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 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. CAO 16A3 Page 3 6. ACCESS DURING CONSTRUCTION — County and the South Florida Water Management District shall ensure that Owner's access with a vehicle and horse trailer across the Easement to and from that portion of Maverick Lane lying immediately south of the Easement is at all times maintained upon a stabilized access throughway. 7. MISCELLANEOUS REQUIREMENTS - 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. 8. REPRESENTATIONS AND WARRANTIES - 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 are no maintenance, construction, advertising, management, leasing, employment, service or other contracts 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 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) 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 CAO 16 A 3 Page 4 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. 9. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County and the South Florida Water Management District 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. 10. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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." 11. PRIOR YEAR AD VALOREM TAXES - 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. 12. EFFECTIVE DATE - 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. 13. PUBLIC DISCLOSURE - 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.) 14. ENTIRE AGREEMENT - 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. 16A3 Page 5 15. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 16. SEVERABILITY - 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. 17. 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: \U- (4, 2b t 7 ATTEST: -'' • `- BOARD • :: . NTY COMMISSIONERS DWIGHT. RROCK,=clerk COLLIER ' O -TY, FLORIDA VOri i - a b.. BY: /-. 1(V__-De ty t ler. r) PENNY TA , CHAlei N Attest 8 Chailn3D.s.• T signature only. AS TO OWNER: DATED: 4 // ?o/ 7 CLA J\,, ., _ A Witness (Signature) THOMAS .. FONTANA L \LjA 6& V O\I \Q Na a (Print or Type) 4.Ve7(4,5.-A £2J& Witness (Signature) 4)(-)04 L. Oroxr Name (Print or Type) Approved as to form and legality: I i ist, 1 Assistant County Attorney • 3 Tract No. T5100-001 PARCEL 103DAME: PERPETUAL, NON-EXCLUSIVE CONSTRUCTION, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT A tract of land in Section 29, Township 48 South, Range 27 East being described as follows: All that part of the East 60 feet of the North 425 feet of the North one-half(N%:) of the Northeast one-quarter (NE%), of the Northeast one-quarter (NE%) of said Section 29 lying Southerly of Road right of way Parcel No. 153 as recorded in Official Records Book 3292, page 120 and Road right of way Parcel No. 154 as recorded in Official Records Book 3138 page 2970 all in Collier County, Florida Public Records. Less However, The South 55 feet of the North 234.18 feet of the West 43.76 feet of the East 60 feet of said Section 29. The above described parcel of land contains 0.28 of an acre more or less. ICHIBIT • This description is not valid unless accompanied by the description sketch THIS DRAWING SET DOES NOT REPRESENT A SURVEY COLLIER COUNTY, FLORIDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT INFRASTRUCTURE MANAGEMENT BUREAU SURVEY & MAPPING SECTION P.O. BOX 24680, 3301 GUN CLUB ROAD WEST PALM BEACH, FLORIDA 33416-4680 Tract TS100-001 Permanent Easement DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET H.E. R.K. 13JAN17 N/A TS100-001 1 of CAO .• 16A 3 _ _ 20 21 —_ SECTIO IN INE + SECTION LINE 23 28 c) IMMOKALEE ROAD o RIGHT OF WAY b 0 NORTH LINE TRACT 8 30' . .'""_.`m r o IMMOKALEE ROAD 0 50 <N RIGHT OF WAY INTENDED DISPLAY SCALE - TRAC 153 la.W W : (ORB 4631 PAGE 3240 SCALE IN U.S. SURVEY FEET r ROAD RIG T OF WAY _ z - PER NOTE 1) 1" = 50' ta (ORB 3292 PAGE 120 1-x W PER NiiTE 1) �-ta o SOUTHERLY RIGHT OF WAY fx oLINE OF IM OKALEE ROAD I (PER NOTE 1) w t .OUTHERLY RIGHT C z e n�z OF WAY UNE OF -0 . =W n r O IMMOKALEE ROAD 8 4-m v 6 W (PER NOTE t) k 4.... F n SECTION 28 ' TOWNSHIP_ 48 SOUTH • i RANGE 27 EAST n 43.78' ¢ ' 60. I. TRACT 8 GOLDEN GATE ESTATES ` ` UNIT No. 20 .-4 . PLAT BOOK 7 PAGE 79 i COLLIER COUNTY FLORIDA 1 PUBLIC RECORDS bCI) Cd LEGEND VI E-4 d Section Corner z'• Ls LI ORB = OFFICIAL RECORDS BOOK ,,,2= Permanent Easement SURVEYOR'S NOTE: z 1. THE SOUTHERLY ROAD RIGHT OF WAY LINE REFERS TO THE RIGHT OF WAY MAPS OF IMMOKALEE ROAD -S.R. 846) PREPARED BY WILSON MILLER FOR COLLIER COUNTY DEPARTMENT OF ,' TRANSPORTATION FILE NO. IH-11, PROJECT NO. 04014-000-000-BG001-, SHEET 9 OF 18), LAST REVISION 1/03, 2. IN ORB 3138 PAGE 2970, THE PARCEL IN THE SKETCH (SUPPORTED BY THE RIGHT OF WAY MAP IN NOTE 1) WAS HELD. 70' ? 3. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL 60' OF THE FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, a SKETCH, PLAT UR MAP IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT VALID. 4. AERIAL IMAGE FOR INFORMATION PURPOSES ONLY , SECTION 29 TOWNSHIP 48 SOUTH RANGE 27 EAST THIS DRAWING SET DOES NOT REPRESENT A SURVEY CF:RiIFICA TION. COLLICR COUNTY, FLORIDA — I Hereby CERTIFY that this description meets the applicable SOUTH FLORIDA WATER MANAGEMENT DISTRICT STANDARDS OF PPACTICE FOR SURVEYS set forth by the INFRASTRUCTURE MANAGEMENT BUREAU FLORIDA BOARD OF SURVEYORS AND MAPPERS in Chapter SURVEY & MAPPING SECTION 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO P.O. BOX 24680, 3301 GUN CLUB ROAD SECTION 4724127 FLORIDA STATE STATUTES. � `WEST PALM BEACH, FLORIDA 33416-4680 NO SEARCH OF THE MUD RC ORD has been r mode by is office. Do .' 1Gnature orf,1 . P - Tract TS100-001 Permanent Easement Hr `► J. EHMKE II. P'OFESSIONAL SURVEYOR AND MAPPER DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET FLORIDA CERTIFICATE NO. 4191 H.E. R.K. 13JAN17 N/A TS1 00—001 2 OF (.2.:;:")