Circle K Stores Revocable Easement Purchase Agreement PROJECT: CAT SHELTER EASEMENT
PARCEL: 1033 Airport Pulling Rd. S.
FOLIO: 63501200003
REVOCABLE EASEMENT PURCHASE AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between CIRCLE K STORES INC., a Texas corporation, (hereinafter
referred to as "Owner"), whose mailing address is 12911 North Telecom Parkway, Tampa,
Florida 33637, 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 revocable, 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 legally described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement;
WHEREAS, Owner desires to convey to Purchaser a revocable non-exclusive easement for
the stated purposes over such portion of the Property (the "Easement Area"), more particularly
described by a metes and bounds description and a diagrammatic sketch indicating the Easement
Area, on Exhibit "B" attached hereto and made a part of this Agreement;
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 revocable non-exclusive easement to Purchaser for the sum of
Two Thousand and No/100 Dollars ($2,000.00), 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 $2,000.00. Purchaser
shall repair or replace all damage physically caused to Property as a result of Purchaser's
work on and improvements to the Easement Area.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement Area, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement Area 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. Purchaser may construct improvements over, under, in, along, across and upon the
Easement Area that are reasonably related to both the purpose of the Easement and
Purchaser's use and enjoyment of the Easement Area (the "Improvements"), upon receipt
of the prior written consent of Owner, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, any Improvements made over, under, in, along, across and
upon the Easement Area, shall not interfere with the Owner's, or any other occupant's, use
and enjoyment of the Property.
4. Upon Owner's request, Purchaser shall provide Owner with as-built drawings and a survey
showing the location and depth of the Improvements installed in the Easement Area.
5. Purchaser shall bear and promptly pay without the imposition of any lien or charge on or
against all or any portion of the Property, all costs and expenses incurred by Purchaser in
connection with the construction and maintenance of the Improvements. Purchaser hereby
acknowledges and agrees that if any lien is filed against the Property as a result of the
Easement or Purchaser's activities in the Easement Area and Purchaser has not had such
lien removed of record within thirty (30) days of the date of the initial filing of such lien,
Purchaser shall be in default of this Agreement, and Owner shall have the right to exercise
all of its remedies pursuant to this Agreement, at law and in equity.
6. Purchaser hereby assumes the obligation, including all costs and expenses, to maintain and
repair the Easement Area. In addition to the foregoing, Purchaser shall perform necessary
maintenance of the Easement Area as may be reasonably required.
7. 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, in a form acceptable to
Purchaser.
8. 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.
9. To the best of Owner's knowledge, 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
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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.
10. Subject to the limitations of Section 768.28, Florida Statutes, Purchaser shall indemnify,
defend and hold Owner harmless from and against any and all losses, costs, damages, liens,
claims, liabilities or expenses (including, but not limited to, reasonable attorneys' fees,
court costs and disbursements) incurred by Owner arising from or by reason of Purchaser's
access to, or use of the Easement Area.
11. 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 shall be borne and paid by Owner.
12. 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. Purchaser shall maintain, at its expense, and keep in force at all times during the term of
this Agreement, a policy of comprehensive general public liability insurance, including a
contractual liability endorsement, and personal injury liability coverage, from an insurer
reasonably acceptable to Owner, which shall include coverage against claims for any
injury, death or damage to persons or property occurring on, in or about the Easement Area
a combined single limit of not less than $1,000,000.00 with respect to the Easement Area
and Purchaser's use therein. Owner and its agents, contractors, tenants and any other third
parties required by Owner, shall be named as additional insureds on such insurance
policies. Prior to making any entry onto the Property, Purchaser shall furnish to Owner: (a)
a certificate of insurance evidencing the foregoing coverages, and providing that such
insurance policy may not be cancelled on less than ten (10) days prior written notice to
Owner; and (b) proof of payment of the insurance premium.
14. This Agreement and the Easement herein granted to Purchaser is fully terminable in
accordance with the following terms and conditions: (a) in the event that Purchaser's
Improvements are destroyed and Purchaser has no intent to replace same, or are
permanently removed by Purchaser, this Agreement, and the Easement granted to
Purchaser, may be terminated by Owner upon not less than thirty (30) days' advance
written notice to Purchaser or (b) upon the default of the Purchaser in the performance of
the covenants or agreements in this Agreement. Notwithstanding the foregoing, upon
termination of this Agreement, Owner may cause to be recorded with the Clerk of Collier
County, Florida a written Notice of Termination.
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15. 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.
16. 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.)
17. 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: CI/ i t
ATTEST: BOARD OF CO TY COMMISSIONERS
CRYSTAL K. KINZEL, COLLIER C r 0 , FLORI► •I
CLERK
r C BY:
Attest8S`tb ��r • Q erk Y SOLIS, Chairman
signature only.
(Signature page follows)
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AS TO OWNER: CIRCLE K STORES INC..
a Texas corporation
/
DATED: 1 d iii
,, -) r TY
C By: /%4... ip
Witness(Signature) JJ
Name: ` p54ri�n,- )i4In611oC.((.
(Print or Type) Print: b011/10( IAA oc'Gt a/l
ss(Signat e, Its: �� �CGS�Gt41 c
► . e: „r,��
Tint or Type)
Approved as to form and
legality:
_ CLA'-' 51\.Je r A. Belpedio
()\
tic\ �
Assistant County Attorney co--"
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EXHIBIT A
LOTS 1,2,3,4,5 AND 6, BLOCK C, NAPLES VILLAS, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 7, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
TAX IDENTIFICATION NUMBER: 63501200003
1 C
EXHIBIT B_.
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GRAPHIC SCALE IN FEET
POINSETTIA AVENUE
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3 R �S89'29'21'W
J = LOT 8,BLOCK C 11.50
v1 (P.B.4,PG.7) SOUTH LINE LOT 6,BLOCK C
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(P)=PLAT
PG.=PAGE
P.B.=PLAT BOOK
P.O.B.=POINT OF BEGINNING
s•PLUS OR MINUS
COLLIER COUNTY RAN a RIGHT OF WAY r THIS DOCUMENT CONSISTS OF 2SIEETSIND EACH SHEET
SHALL NOT if CONSIDERED FULL.VALD AND CON FLEIE
STOP ID:70 MESS ATTACK TO THE OTHER J
=a=w rworcrWacwr COWIN MIA rowan'uo4,wrow,MmaAAra~OW ONI UNK1/PAWED,e=un„a.w NOT A BOUNDARY SURVEY
ATKINS 'Nw IOTtliAVE SKETCH TO ACCOMPANY 8,, ..... >a�
NIMH.Rte' DRAWNzer.
J1T2” 7 LEGAL DESCRIPTION 11 oways _sink
(JOS)MO-1275f qC DAwa
ATKINS NORTH MYRICA,INC. J'
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBERL124 a`ri..pm;BI 4• SHEET: 1 OF 2
CAT STOP ID NUMBER 70
EXHIBLT _.
SKETCH TO ACCOMPANY LEGAL DESCRIPTION AZ Of _.--
COLLIER COUNTY,FLORIDA PAW
LEGAL DESCRIPTION:
ALL THAT LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY,FLORIDA,BEING A PORTION OF LOT 6 IN IN BLOCK C OF"NAPLES VILLAS,"ACCORDING TO THE PLAT THEREOF,FIRST RECORDED
AS"ROCK CREEK HARBOR,"IN PLAT BOOK 4 AT PAGE 7 AND THE NAME OF WHICH WAS SUBSEQUENTLY AMENDED TO'NAPLES VILLAS"BY
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,PURSUANT TO THE RESOLUTION RECORDED IN DEED BOOK 44
AT PAGE 265, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS,VIZ.
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 6;THENCE N0O"30'39'W ALONG THE WEST LINE OF SAID LOT 6 AS SHOWN ON SAID PLAT
OF 'NAPLES VILLAS" FOR 23.26 FEET;THENCE DEPARTING SAID WEST LINE OF LOT 6, N89'4016"E FOR 11.50 FEET, THENCE SO0"30'39'E
FOR 23.22 TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 6,THENCE S89'2921'W ALONG SAID SOUTH LINE OF LOT 6
FOR 11.50 FEET TO THE POINT OF BEGINNING.
SURVEYOR'S NOTES:
SOURCES OF DATA/LIMITATIONS/EXPRESS PURPOSE:
1 THE UNDERLYING PLAT AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.THE INTENT OF THIS DESCRIPTION IS
TO REMAIN WITHIN THE BOUNDARIES OF THE PLATTED SUBDIVISION AS SHOWN HEREIN.
2.TAX ROLL ENTRIES PUBLISHED BY THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE FOR THE 2015 TAX YEAR.
3 BEARINGS AS SHOWN HEREON ARE BASED ON A CALCULATED BEARING OF N00'30'39"W ALONG THE WEST LINE OF THE SUBJECT
PROPERTY.THIS CALCULATION IS BASED ON THE NORTH AMERICAN DATUM OF 1983/2011 ADJUSTMENT(NAD83/11).
4.SINCE NO OTHER INFORMATION OTHER THAN WHAT IS CITED IN THE SOURCES OF DATA WERE FURNISHED,THE CLIENT IS HEREBY
ADVISED THAT THERE MAY BE LEGAL RESTRICTIONS ON THE SUBJECT PROPERTY THAT ARE NOT SHOWN ON THE MAP OR CONTAINED
WITHIN THIS REPORT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF COLLIER COUNTY OR THE RECORDS OF ANY OTHER PUBLIC
AND PRIVATE ENTITIES AS THEIR JURISDICTIONS MAY APPEAR.
5.THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. SAID DOCUMENT WAS
PREPARED FOR THE EXPRESS PURPOSE OF CREATING AN EASEMENT FOR COLLIER COUNTY,FLORIDA.
SURVEYOR'S CERTIFICATE:
THE STATE OF FLORIDA )
)S.S.
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY: THAT THIS'SKETCH TO ACCOMPANY LEGAL DESCRIPTION'WAS PREPARED UNDER MY DIRECTION AND IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAID SKETCH MEETS THE INTENT OF THE APPLICABLE
PROVISIONS OF THE 'STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA," PURSUANT TO RULE 5J-17 OF THE
FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW,CHAPTER 472.027 OF THE FLORIDA STATUTES.
ATKINS NORTH AMERICA.INC.
FLORIDA CERTIFICATE OF AUTHORIZATION NO.LB24
2001 NW 107 AVENUE
MIAMI,FLORIDA 3 72 7
BY: ,,/j10/1/2,1
DOUGLAS W.DEANS,PLS
PROFESSIONAL LAND SURVEYOR NO.4140
STATE OF FLORIDA
DATE OF CERTIFICATION:OCTOBER 31,2016
NOTICE:NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
ADDITIONS OR DELETIONS TO SURVEY MAPS AND REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT
THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. THIS NOTICE IS REQUIRED PURSUANT TO RULE 5J-17 OF THE FLORIDA
ADMINISTRATIVE CODE.
02018-ATKINS NORTH AMERICA,INC.
AS SUCCESSOR IN NAME TO PBS&J
ALL RIGHTS RESERVED.
COLLIER COUNTY iTHIS DOCUMENT CONSISTSOF2SHEETSA,DEAC,Sa ET
SHALL NOT BE CONSIDERED F(Ny VALID AND COMPLETE
STOP ID:70 \.
UNLESS ATTACHED TO THE OTHER
WY HMG V VOICUICTItWM.S.COLLIMAINAMMOT,r«4,a.,e,w.,w.nsww.r 'MOOD Wa.N UAW NOT A BOUNDARY SURVEY
nTKI N s
7001NW f0IA AVE SKETCH TO ACCOMPANY 811
�. ,�
MIAMI,R. DMWN ZC.P
33177-7307 LEGAL DESCRIPTION 3
(W 1 SY7-7273 tHlCIQD D,W.D.
3-
ATKINS NORTH AMERICA INC Maw*Eft 3-
lac D.WD
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER L824 WNW'yw ra •. SHEET:2 OF 2