Easement Agreement - Toll Gate Naples, LLC PROJECT: I-75/Collier Boulevard Utility Relocation Project
FOLIO: Various
Accepted by BCC pursuant to Resolution 2019-126&CWS Resolution 2019-03
Parcel: 905
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 11/41 day of Marc , 2020, by and between Toll
Gate Naples, LLC, a Florida limited liability company, whose mailing address is 3845
Beck Blvd., Suite 807, Naples, FL 34114, (hereinafter referred to as "Owner"), and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter
referred to as "County"), whose post office address is 3335 Tamiami Trail East, Suite
101, Naples, FL 34112.
WHEREAS, County requires a perpetual, non-exclusive easement for utility
facilities and maintenance purposes over, under, upon and across the lands described
in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and
made a part of this Agreement;
WHEREAS, Owner desires to convey the Property 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. Owner shall convey the Easement to County for the sum of $900.00, 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 in
connection with conveyance of said Easement to County.
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 County on or before
the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) days from the date County executes this
Agreement; provided, however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
Easement Agreement Page 2
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Easement. At
Closing, County shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to County in a form acceptable to County.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the property underlying the Easement, and all uses of 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 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 County against and
from, and to 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
Owner's representation under Section 5. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
7. The County shall pay for all costs of recording the conveyance instrument in the
Public Records of Collier County, Florida. 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. Owner shall be responsible for paying any 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). The cost of a title commitment shall be paid by County.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
9. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Easement Agreement Page 3
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 County, its
successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 1: ^^`"i day of Vvkb , j , 2020.
Date Easement acquisition approved by BCC: July 9, 2019 Agenda Item # 16C11
AS TO COUNTY: Chit R
DATED: IN"\ "'\i ✓� �,,c2t,
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K, KINZEL, Clerk COLLIER COUNTY, FLORIDA;`AS'THE
Ben .,• GOVERNING BODY OF COLLIER
"•••.,:ext COUNTY AND AS EX-OFFICIO THE
41.0........
h �'
t`' COUNTY WATER-SEWER DISTRICT
Attest as to Chairman's- ,Deputy Clerk
4e,g,t,e,dtze.A.A0--
signatur oy. . BY:
Burt L. Saunders, Chairman
(Signatures continued on next page)
0
Easement Agreement Page 4
AS TO OWNER:
DATED : � `,
�✓�.y.�C , ,� TOLL GATE NAPLES, LLC, a Florida limited
,rtness (Signature) liability company
.46
(Pri t . le)
� By: _-
�it_ I Nam= obert -. Hardy, as Manag-
Witness(Signature)
l,-a27- 6 . �Lt
Name(Print or Type)
Approved as to form and legality:
Jennifer A. Belpedi ssistant County Attorney 032 0"
\�
ED
LEGEND
C.U.E.= COUNTY UTILITY EASEMENT
DE = DRAINAGE EASEMENT
DESC.= DESCRIPTIONA
FP&L = FLORIDA POWER&LIGHT COMPANY �,..j 15'C.u.E.
OR = OFFICIAL RECORDS BOOK
EXHIBIT1 OR 3844, PG 2445 TOLLHOUSE DRIVE
PB = PLAT BOOK / POC DESC. —
TRACT B-II
PG = PAGE y
POB = POINT OF BEGINNING P$ ..1 --Of'^�""".. NW CORNER OF (PLATTED EASEMENTS
TRACT 10 VACATED AND REPLACED
POC = POINT OF COMMENCEMENT '
WITH A DE AND UE PER
UE = UTILITY EASEMENT N89'56'16E 15.00"OR 2675, PG 2705 AND
ri POB DESC. OR 3464,PAGE 2852)
I N89"56'16 E 5.00'
DESCRIPTION
A TRACT OR PARCEL OF LAND LYING IN TRACT 10, TOLLGATE 1_
COMMERCIAL CENTER PHASE TWO AS RECORDED IN PLAT BOOK z w
18, PAGES 23-24, PUBLIC RECORDS OF COLLIER COUNTY, V,
FLORIDA, SAID TRACT IS MORE PARTICULARLY DESCRIBED AS 5,u
FOLLOWS: Y
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 10 5 m
THENCE N.89'56'16 E. ALONG THE NORTH LINE OF SAID TRACT 10, - 15'C.U.E. 2 g
FOR 15.00 FEET TO THE NORTHEAST CORNER OF A 15 FOOT OR 3927, PG 3188
WIDE COUNTY UTILITY EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 3927, PAGE 3188, SAID PUBLIC RECORDS AND
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE N.89'56'161.. ALONG SAID NORTH LINE FOR
5.00 FEET; -- 5 --
THENCE S.00'03'4417 DEPARTING SAID NORTH LINE FOR 214.19
FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT TRACT 10
10;
TOLLGATE COMMERCIAL
THENCE 5.89.56'02"W. ALONG SAID SOUTH LINE FOR 5.00 FEET CENTER PHASE TWO
TO THE SOUTHEAST CORNER OF SAID COUNTY UTILITY EASEMENT; PLAT BOON 18, PALES 23-24
THENCE N.00'03"44"W. ALONG THE EAST LINE OF SAID COUNTY TRACT 9
UTILITY EASEMENT FOR 214.19 FEET TO THE POINT OF BEGINNING
OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 1,071 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. cD
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BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE NORTH ACCESS EASEMENT
LINE OF SAID TRACT 10 TO BEAR N.89'56'16 E. N OR 3927,PG 3188—�+ u)
$ U
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�SO'03'44 E 214.19' (Ni
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NOTES: ki
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1. THIS SKETCH IS NOT A SURVEY.
2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS
TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE
SUBJECT PARCEL. N.,....____ `n
N
170' FP&L EASEMENT (..)
PB 18,PG 23 —�_
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2
PARCEL NO. CO
76885050555
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—589'56'02V V 5.00' 2
15'C.U.E.
3
OR 3890, PG 4029 q
-N- BECK BOULEVARD Q
0 15' 30' 60' OLD STATE ROAD 84 j
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SCALE: 1" = 30' o
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`NOTA SURVEY" oo
SKETCH AND DESCRIPTION DRAWN BY: TJD_ I
CHECKED BY: DLS '1'
5'WIDE COLLIER COUNTY UTILITY EASEMENT o
LYING IN TRACT 10 JOB CODE: CCU257 rn
TOLLGATE COMMERCIAL CENTER PHASE TWO SCALE: 1"=30' Cs
PLAT BOOK 18,PAGE 23-24 (V
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST �� 12/ze/zole >
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AND SECTION 2,TOWNSHIP 50 SOUTH,RANGE 26 EAST FILE: CCU257Ce
COLLIER COUNTY,FLORIDA s•Stiw7:J,pe_ 1 of 1
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O.Grady Minor and Associates,P.A. = ti• -T'.
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3800 Via Del Rey :" No 8758 •A• o
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Bonita Springs.Florida 34134 }
Civil Engineers • Land Surveyors . Planners . Landscape Architects , .1. jT• E S Q 6
Cert.or Auth.ER(9)05151 Cert.of Auth.LB 0005151 Busimsx LC 26(100266 �; �THV•d.,OEyRIfS,•PAM
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Bonita Springs: 239.947.1144 www.GradyM/nor.com Fort Myers: 239.690.4380
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