Parcel 001
PROJECT: Immokalee Signal Easements
PARCEL: 1
FOLIO NO. 00127600008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ..l-Is-tday of Ovrri--t-- ,2004, by and between STAR
MOBilE HOME PARK, llC, a Florida limited liability corporation (hereinafter referred
to as "Owner"), whose address is 1507 West Immokalee Drive, Immokalee, Florida
34142, and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address
is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way,
Drainage and Utility Easement over, under, upon and across the lands described as:
The South 15 feet of the North 52 feet of the West 5 feet of the East 55 feet of Section
5, Township 47 South, Range 29 East, Collier County, Florida (hereinafter referred to
as the "Easement").
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 $500.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). 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,
including business damages, in connection with conveyance of said Easement to
Purchaser, including all attorney's fees, expert witness fees and costs as provided
for in Chapter 73, Florida Statutes.
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. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreernent by the Purchaser; 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 or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument 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.
Page 2
5. Owner represents that 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 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 all recording fees for the Easement instrument(s), and for
any and all costs and/or fees associated with securing and recording a
Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the property underlying the Easement from the mortgagee(s), and for the
fees to record any curative instruments required to clear title, except for any and
all costs and expenses required to secure and record releases and/or satisfactions
from judgment creditors, which fees, costs and/or expenses shall be the
responsibility of the Owner. In accordance with Statutory exemptions prohibiting
payment of documentary stamp taxes by Purchaser, Owner shall pay all
documentary stamp taxes required on the instrument(s) of transfer.
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 ben~fit 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.
10. 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, 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.)
" .¡;.
- - . .
Page 3
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHERI=0F, the parties hereto have executed this Agreement on
this ;) lor day of ôcJï-~ , 2004.
Property acquisition was approved by BCC pursuilnt to Resolution No. 2004-02, on
January 13,2004.
AS TO PURCHASER:
DATED: , (~,¡t)¡/ of
.'.:" J ." '. . , .j .1. I I
ATTES:r:' ,,' ·'<:o)'@ "
DWIGHT E;BROCf<, åéÏk',
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLORIDA I _
BY: ~ 6f~
Donna Fia ,Chairman
AS TO OWNER:
STAR MOBILE HOME PARK, LLC, a Florida
limited liability corporatiqn
DATED: J?-cf6. oll
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Itness (Signature)
Name:~Ct'Y1en 5tJo
(Print or Type)
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Witness (Signature) \..J
Name: ðY\\).X,~ f' \: \." ,W (\~\ '\ ~\)(.... '1-
(Print or Type) . ",
Approved as to form and
legal sufficiency:
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y.r::. Heidi F. Ashton
o ... Assistant County Attorney
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PROJECT NO.
PARCEL NO. 1
FOLIO: 00127600008
Utility Release
3499790 OR: 3669 PG: 3324
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
10/29/2004 at 03:51PM DWIGHT Eo BROCK, CLERK
RBC FEE 35.50
COPIES 4.00
Prepared b.Y:
Ell~ T. Cnðdwel', Esquire
Office of tht County Attorney
3301 East Tami~i Trail
Naples, Florida 34112
(941) 774-8400
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 9406
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this >~ day of Ó~
2004, by and between COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, (hereinafter referred to as "County"), and SPRINT-FLORIDA,
INCORPORATED, successor by merger to United Telephone Company Of Florida,
whosemailingaddressis6391SprintParkway.OverlandPark.KS66251.Mail Stop:
KSOPHT0101-Z2040 (hereinafter referred to as "Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in that certain tract or parcel of land lying
and being in Collier County, Florida, more particularly described and set forth in Exhibit
"A" attached hereto and made a part hereof (hereinafter referred to as the "Property");
and
WHEREAS, the County has determined that this Property is suitable and
appropriate for road right of way, sidewalk, utility, drainage and maintenance purposes;
and
WHEREAS, the County's proposed use of the Property for road right of way,
sidewalk, utility, drainage and maintenance purposes requires the subordination of the
interest in the Property by the Utility to the County; and
WHEREAS, the Utility is desirous of consenting to the subordination and the
relocation of its facilities from the Property into the road right of way, sidewalk, utility,
drainage and maintenance purposes, if necessary; and
WHEREAS the County is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of
the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility
and County hereby agree as follows:
1. The Utility hereby subordinates any and all of its interest in the Property
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
to the interest of the County, its successors and assigns, for the purpose of
constructing, improving, and operating road right of way, sidewalk, utility, drainage and
maintenance purposes over, under, through, upon, and/or across said Property,
including, but not limited to the claim of interest based upon the following:
Sprint Network Real Estatø
ARN.!~2~_W.J_'U
OR: 3669 PG: 3325
Nature of From or Recorded
Encumbrance Date Aqainst In Favor Of Book-Paqe
Blanket Easement 9/24/81 Martha Louise Starling United Telephone Co. 940 - 1044
2. The Utility shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and/or relocate its facilities within and upon the Property in
accordance with the County's minimum standards for such facilities. Any construction
or relocation of facilities within the Property will be subject to prior approval by the
County. If the County requires the Utility to alter, adjust, or relocate its facilities from or
within the Property, the County hereby agrees to pay the reasonable cost of such
alteration, adjustment, or relocation, including, but not limited to the cost of acquiring
appropriate easements.
3. The Utility shall have a reasonable right to enter upon the Property for the
purposes outlined in paragraph 2 above, including the right to trim such trees, brush,
and growth which may endanger or interfere with such facilities, provided that such
rights do not interfere with the operation and safety of the County's facilities.
4. The Utility shall repair any damage to the County's facilities resulting from the
exercise of its rights as outlined in paragraphs 2 and 3 above.
5. These terms and conditions shall be attached as an addendum to that permit,
if any, required by the County for location of the Utility's facilities within the Property.
6. This Agreement shall be assignable only to the State of Florida for the use
and benefit of the County in connection with the Utility's installation and maintenance
described above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
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and legalsufff~é~cy:'
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Reidi F. Ashton
Assistant County Attorney
BOARD OF CO NTY COMMISSIONERS
COLLIER CO Y, FLORIDA / _
BY: ~ c:1;&
na Fiala, Chairman
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Signed, sealed and delivered
SPRINT-FLORIDA, INCORPORATED
--
Name: RA- Yt:"/J /71:c... 0
(Print or Type)
~..~;) -:~L'h L~/'
LW1TN .. S$ (Signature -
I ~
Name: L,.lr~": J. I-IEt.../1d L f¡JC¡E,2,.
(Print or Type)
STATE OF: F} ov"¡do.-
COUNTY OF: ~.....ee.
OR: 3669 PG: 3326
.. .
,.
Successor by merger to United Telephone
Company of Florida
P.O. Box 2477
Naples, Florida 34106
By: a~ 6:/
/ 51? /ve- tT 0 í) J'/ 7 C'V?
J I'r JN1 EJ;. f?.. t.. o.R. /Y1 J4 /LI ,d
The foregoing Subordination of Utility Interests was acknowledged before me this
::.(\s+ day of S"oQ.~\.fi¿\JV\'.cqV ,2004 by ;:::5;"nté.>- .x Lol<f\?14JL.1N ,as
,5';0{ ;//£ (£--D T /I~ íb ¡~ on behalf of SPRINT -FLORIDA, INCORPORATED,
successor by merger to United Telephone Company of Florida, who:
X is personally known to me
. "
OR
who has produced
(affix notarial seal)
I':' ~ Sylvie Miller
. ~ . MyComrnillion 00185548
~CIf ";/ ExpiIU December 13, 2008
as proof of identity.
>2=~
(Signature f Notary Public)
ç-~ r Çþ"1 ~ \'f\ \ \ \ ~v-
(Print Na e of Notary Public)
NOTARY PUBLIC
Serial/Commission #(if any)_bb 16"554 c¡
My Commission Expires: '.:J ...... \.3 -0 !o
*** OR: 3669 PG: 3327 ***
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EXHIBIT" A"
The South 15 feet of the North 52 feet ofthe West 5 feet of the East 55 feet of Section 5,
Township 47 South, Range 29 East, Collier County, Florida.
. .___._n__.."__·__,~__,____,
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