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Parcel 114B, 714B PROJECT: County 8arn Road Project No. 60101 PARCEL No(s): 1148,7148 EASEMENT AGREEMENT THIS EASEMENT AGRf~MENT (hereinafter referred to as the "Agreement") is made and entered into on this X' day of ~+et11ber" , 2006, by and between DAVID R. KERSEY, Trustee, whose mailing addr ss IS 5151 GUilford Ave. N., Indianapolis, In 46205 (h0~eiiia~lHi" I8feiT6d to [:5 "Owner"), and COLLlEfI 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 "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-ot-Way, Drainage and Utility Easement (Parcel 1148), and a Temporary Construction Easement (parcel 7148) over, under, upon and across the lands described in Exhibits "A", and "8", which are attached hereto and made a part of this Agreement (hereinafter referred to as the "Easements"); and WHEREAS, Owner desires to convey the Easements 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 Easements. 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 . 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. Owner shall convey the Easements to Purchaser for the sum of $3,250.00 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, shall be full compensation for the Easement conveyed, including 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, and all other damages in connection with this project, Easements and all adjacent easements being acquired by Purchaser for this project, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon thair :"aco~j:ng in ti;e pubiic records of. COliier Coumy, t-:onda. Owner shall cause to be delivered to Purchaser tile items specified herein and the following documents and instruments d~ly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Road Right-of-Way, Drainage, and Utility Easement for Parcel 1148, and Temporary Construction Easement for Parcel 7148; (b) Closing Statement; ~\V' Easement Agreement Page 2 (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) 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 Purchaser, Purchaser's counsel and/or title company. 4. 80th Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement 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 Easements. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser 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. 6. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the 80ard of County Commissioners of Collier County, Florida. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, 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) Purchaser's acceptance of the Easements 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 Purchaser has any right or option to acquire the Easements 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 Easements 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 Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. {€oj There a~e ~c maint811an(;e, ~Oilstruclion, advenislr:g, management, leasing, employment, service or other contracts affecting the Easements. (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 Purchaser in writing prior to the effective date of this Agreement. \, '\: C/ Easement Agreement Page 3 (g) Purchaser 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 change the physical condition of the property underlying the Easement or the governmental ordinances or laws governing same. (h) The property underlying the Easements, 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 Easements 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 Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements; 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 for the execution of any release, subordination or satisfaction, 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. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. "! o. Thi~ .6.grnemerJ ar,d th€'o tem;s and pl...)Visiorl~ hElreo.!' shaii 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. ~ Easement Agreement Page 4 11. If the Owner holds the property underlying the Easements 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.) 12. Owner agrees to grant the Temporary Construction Easement (Parcel 7148) (TCE) for the purpose of constructing public facilities adjacent to this area. This TCE shall expire on Septembor 30, 2009, unless otherwise extended as provided herein. In the event that construction of the public facilities has not been completed by September 30, 2009, the Purchaser may record in the Public Records of Collier County a Notice of Time Extension which shall automatically extend the TCE until September 30, 2010 for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 13. Conveyance of the Easements, or any interest in the property underlying the Easements, 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 consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 14. 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. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. thiN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8 day Of~, 2006. Date Acquisition Approved by 8CC: Resolution No. 2006-39, Agenda item #10(C), dated February 14, 2006. AS TO PURCHASER: DA TED: ~. :t e l..,J.;) G, - "(' ~ .. ~~, \} :~. (," ~: ,,'"l ~.. 80ARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '~~L Frank Halas, Chairman ATTEST> DWIGHT E,E3RQCK, Cr~rk ,.. " .:-. .. . ~U:.:~ ~ o~_ ~~~,.~.rk 1 f on ~t.'Uf"tlORlfl . ,', J'-'J. I . '! ~ "; " ~ Easement Agreement AS TO OWNER: DATED: 9/8/0k , ( a~~ itness (Sign re) Name: LINO!9- K_ 1'012-1< (Print or Type) I ~~ W ness nature) Name:~ (Print or Type) Approved as to form and legal sufficiency: {it V Chilvu- Ellen T. Chadwell Assistant County Attorney DAVID R. KERSEY, TRUSTEE Page 5 WtuUR. f(. ~. Jilin" (Signature) VaL/I d R. /.{ersfUj 1 -rr{)5te~ (Print Name) to\,l EXHIBIT l (A. \1 PROJECT NO. 60101 PROJECT PARCEL NO.1 148 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET I OF I 20' I ~~ LEOENDI RIW . RIOHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PO. . PAOE PSU . PROFESS I OHAL SURVEYOR 8 UAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD ~ ~ ~ o SO' PROPOSED R/W I~ I:::) I~ Its :~ Ill.; I~ I~ I ) r , , I "- I J I I I I I I I I I I ~ -.J LEGAL DESCRIPTION. PARCEL NO. 1148 THE WEST SO FEET OF THE EAST 100 FEET OF THE SOUTH 15 FEET OF THE FOlLOWING DESCRIBED PROPERTY, ~ I~ l~ ~ ~ THE WEST 317.5 FEET OF THE EAST 367.5 FEET OF THE SOUTH I 12 OF THE SOUTH 112 OF THE SW I /4 OF THE SW 1/4 OF SECTION 8. TO..sHIP 50 SOUTH. RANOE 26 EAST. COlLIER COUNTY, FLORIDA. FAITH APOSTOliC CHURCH. INC. O.R. 2867, PG. 1415 MARTIN ROPPOlO O.R. 657, PG. 797 --C-:rl'" SO' ""-<LWAY. DRAIN,... & UTlUTY EASEMENT --...L"CONSTRUC~~ L::~~S:~ r:R~~~,- ~~f:! _E~:.':E~T PROPOSED R/W UNE R/W LIne - RiW LlM e Ex. R/W FOR COONTY BARN ROAD (C.R. 268) (WfDTH VARIES) ~ ~ ~ ~ 10.. 10.. ~ ~ Vj Vj EAST PROPERTY LINE & WeSTERLY R/W LINE OF COONTY BARN ROAD (C.R. 268) COUNTY BARN ROAD (C.R 268) sw~ SE ~ OF THE SW ~ OF THE SW ~ SECTION 8 SECT ION 8 RIW LIne JOEL C.IkGEE:. PSII PROFESS/OIIN. S/JRVfYOR MID IIN"PER F'lJJRIDA CERI'IF'ICATE No. 64JO f4 ~~~~~~~.~" of Floc"., LLC 4111 Land O' Lakes Bfvd. Suite 210 Land O' Lakes, Fforlda 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of AuthorIzation No. 7110 COLLIER COCINTY DEPARTMENT OF 'l'RANSPORTA 770N DRAWN BY, JCU CHECKED BY. SP DRAWING DATEI 08-IS-05 SCAlEI 1-'40' (,,\1.. " II EXHIBIT ., fJ Page \ of 1 PROJECT NOz 60101 PROJECT PARCEL NOz 714 B ~, . , SHEET L OF L , 20' , LEGAL DESCRIPTION AND SKETCH ~ ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSillP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA WART I N ROPPOLO O.R. 657, PC. 797 , I , I I I~ ,.... .... i~ I~ l~ ) ll.; r ~ ~ ~ I " I S2.' CONSTRUCTION EASEM~Nr. I I I I 1 I I ,,1 LEGAL DESCRIPTION - PARCEL NO. 714 8 THE WEST 52 FEET OF EAST 152 FEET OF THE SOUTH 15 FEET OF THE SW 1/4 OF THE SW I /4 OF SECTION B, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LEOEND. RIW . RICHT OF' WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSW . PROFESSIONAl SURVEYOR 8 MAPPER C.R. . COUNTY ROAD D.R. . OFFICiAl RECORO LTlNG 5(}' FlDAOWAY, DRAIN_, &- UTILITY EASEMENT i~ l...:l 1>- I~ y~ _I.- e R/W FOR COONTY BARN ROAD (C.R. 268) (WIDTH VARIES) COUNTY BARN ROAD (C.R 268) R/W Line - '~~"~,~~~~~.~" of F1"'d,, llC- 4111 Lend 0' Leku Blvd. Suite 210 Lend 0' Lekes, Floride 34639 Phone: (813) 996-2800 Fex: (813) 996-1908 Certlflcete of A uthorizetlon No. 7110 Joel C, McGee, P.S.M. No. 6430 ~ .... I ~ : ~ , ~ I Ill.; Iii ~ FAITH APOSTOLIC CHURCH, INC. O.R. 2867, PO. 141S t:: ~ ~ ~ !.. !.. ~ Ij lIj lIj ~CONSTRUCTION E~ L:~~~S:~ ~~~~'- ~~/:! _ E~:.,,!~T ,-- PROPOSED R/W LINE - R/W LIne EAST PROPERTY LINE &- WESTERLY R/W LINE OF COONTY BARN ROAD (C.R. 268) sw 14 OF THE SW 14 SECTION 8 SE 14 OF THE SW 14 SECTION 8 COLLIER COUNTY DEPARTMENT OF TRANSPORTA. 770N DRAWN BY. JCM CHECKED BY. Sp DRAWING DATE. OS-IS-05 SCALE. 1".40. ~'\U