Parcel 101DAMEPROJECT: 50180 — Canal Easement Acquisitions
PARCEL(s): 101 DAME
FOLIO(s): A portion of 40410240009
EASEMENT AGREEMENT
THIS EASEMENT A�REEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this _a ay of 2020, by and between JOHN P. JOSEPH
AND ANNAMMA P. JOHN, husband a d wife, whose mailing address is 5201 SW 89TI AVE.,
COOPER CITY, FL 33328-5142, (hereinafter referred to as "Seller"), 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 "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive drainage, access and
maintenance easement over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement; and
WHEREAS, Seller desires to convey the Easement to County for the stated purposes, on
the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Seller 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 - Seller shall convey the Easement to Purchaser for the sum of:
$10,000.00
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
Seller, 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 Seller's remaining lands, costs to cure, including, but not limited to, the cost to
relocate the existing 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 Purchaser, including all attorneys' fees, expert witness
fees and costs as provided for in Chapter 73, Florida Statutes.
0
Page 2
3. CLOSING DOCUMENTS AND CLEAR TITLE - Seller shall obtain from the holders of any
liens, exceptions and/or qualifications encumbering the Property the execution of such
instruments which will remove, release or subordinate such encumbrances from the
Property 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, Seller shall
provide Purchaser 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) Drainage, Access and Maintenance Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting Purchaser'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 Seller 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. TIME IS OF THE ESSENCE - Both Seller and Purchaser 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 Seller'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 Seller in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to
relocate any existing irrigation system located on the Property including irrigation lines,
electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project
without any further notification from Purchaser. Purchaser assumes full responsibility for
the relocation of the irrigation system (if any) on the remainder property and its performance
after relocation. Seller holds Purchaser 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 Seller elects to retain improvements and/or landscaping ("Improvements") located on the
Property (if any), Seller is responsible for their retrieval prior to the construction of the
project without any further notification from Purchaser. Seller acknowledges that
Purchaser has compensated Seller for the value of all improvements located within the
Easement area, and yet Purchaser is willing to permit Seller to salvage said improvements
as long as their retrieval is performed before construction and without interruption or
inconvenience to the Purchaser's contractor. All improvements not removed from the
Page 3
Property prior to commencement of construction of the project shall be deemed abandoned
by Seller.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. MISCELLANEOUS REQUIREMENTS - Seller 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.
7. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants the
following:
(a) Seller 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 Seller hereunder and to consummate the transaction contemplated
hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of Seller
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
Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property, 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.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Property.
(f) Seller 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 Seller's ability to perform hereunder; nor is
there any other charge or expense upon or related to the Property which has not
been disclosed to Purchaser in writing prior to the effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Seller's representations
stated in this Agreement and on the understanding that Seller will not cause the
physical condition of the Property to change from its existing state on the effective
date of this Agreement up to and including the date of Closing. Therefore, Seller
agrees not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would adversely
affect the physical condition of the Property or its intended use by Purchaser.
(h) The Property, 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 except as specifically disclosed to the Purchaser; that the Seller has no
knowledge of any spill or environmental law violation on the property contiguous
to or in the vicinity of the Easement Property to be sold to the Purchaser, that the
Seller has not received notice and otherwise has no knowledge of: a) any spill on
the Property; b) any existing or threatened environmental lien against the
Property; or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
8. INDEMNIFICATION - Seller 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 Seller'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 - Purchaser shall pay all fees
to record any curative instruments required to clear title, and all Easement instrument
recording fees. In addition, Purchaser 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 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 Seller, and shall be deducted on the Closing Statement from the
compensation payable to the Seller per Paragraph 2. Purchaser shall have sole discretion
as to what constitutes "reasonable processing fees."
10. 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.
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 Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for others,
Page 5
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 before the Easement held in such
capacity is conveyed to Purchaser. (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, by
Seller 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 Seiler and Purchaser.
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 PURCHASER:
DATED:Ce
v.: a0c�l(�
ATTE 11. as o Chairmi;a 's_
CRYS LlpClerk of the
Circuit C(Ju' rt,*& rolter
BY: J AL
Dept pile
;5
tignoture only.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Burt L. Saunders, Chairman
Ev�
AS TO SELLER:
DATED: 0' - 04� '),jo
eA
Witness (Signature)�,�
Name ( ri, t or T
Witnesslt r )
Name (Print or Type)
Winless (Signature)
Name (Print or Type)
N 1Ak %P-b
Witness (Sign
Name (PKnt or Type)
Approved as to form and legality:
ICU-)a-
D;L0
a
Jennifer A. Belpedio
Assistant County Attorney �J 1
Last Revised 10/18/19
Annamrna P. John
STD 0� �Walov�
COU011 10f UpWAe-D
SWORD At40/4 AND Svg3uliBO 'Co ME I VAS -2* — "V 12 20
* V- JW t,) -TO MI� .
CLAUDIA J. LEBEL
MY COMMISSION N GG068823
EXPIRES February 19, 2021
Exhibit "A"
Tract No. E0100 -010
The South 195 feet of the East 15 feet of the West 105 feet of Tract 6 Golden Gate Estates Unit 72, a subdivision
in Section 28 Township 48 South, Range 28 East, according to the plat thereof, as recorded in Plat Book 5 , page
8, Collier County Florida Public Records.
LESS HOWEVER, the right of way for 22nd Avenue Northeast.
The above described parcel of land contains 0.06 of an acre more or less
& M.11'I'fN(. r1CTl
;n _.LI I<
E0100 -010
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'MD PARCEL
106, PAGE 879
CCFPR
fr
SURVEYOWS NOTES
1. Unless it bears the signature and the original raised seal of the Florida licensed
CCFPR - Collier County Flonda
Public R=rds
Surveyor and Mapper, this drawing, sketch, plat or map is for informational
Ps - Plat Book
purposes only, and is not valid,
SF%k'h4D -South Florida Watt
2, This description sketch is not valid unless accompanied by a legal description.
Managerritim District
12018 Aerial shown for informational purposes only,
ORB - Official lk4cwds Book
4, Reference information taken from a boundary survey of the Faka-Union Canal ESMT - EASF-MF,',-r
—W-,AVENUE N.E.
RIGHT OF WAY
60 ESMT.)
w, tt4:1
LEGEND
17777777=71
=Tract No, EO 100.0 10
(046 of an Acre :F)
� I
right of way by Darren Townsend from Cooner & Associated, Inc. dated 14-jul- tO, THIS IS NOT A SURVEY
Recorded in Survey Book 4, Me 1, Collier County Florida Public Records,
SECTION 28
CERTIFICATION TOWNSHIP 48 SOUTH, RANGE 28 EAST
t HEREBY CtRTIFY that the description of the property shown hercon COLLIER COUNTY, FLORIDA
was completed under my direction and that said description is true and
correct to the best of my knowledge and bet ref,
I KILTHER CERTM, that this description and sketch was inade under rny SOUTH FLORIDA WATER MANAGEMENT DISTRICT
responsible ehAWQ 4" dift applicable Standards of Practice for a INFRASTRUCTURE MANAGEMENT BUREAU -SURVEY & MAPPING SECTION
dcscripfi*ws• t=bv,FlaridaBoardofProfessioaral P.O. BOX 24680, 3301 GUN CLUB ROAD
Surveyo 7-05 f.`f lorida Administrative Code, pursuant 1,1VEST PALM, BEACH, FLORIDA 33416-4,680
to sectio4, Florida Sias Statut4s,
No sears l Pike iecords* begr4made by this office,
WAL11"a IGNATUPE, EXHIBIT A"
TRACT NO. E0100-010
PROFE,
FLORIDA
DRAIN I CHECKED A. 1'E I SC;ALE ORAWNG NUmBILR.
H E I VH 108-26-191AS SHOWNEO100-010_..LDSK.dwg 2