Parcel 1180RDUE PROJECT: 60168 Vanderbilt Beach Road Ext
PARCEL: 118ORDUE
FOLIO: 37440120102
EASEMENT AGREEMENT
THIS EASEMENT AGRE M T (herei after referred to as the "Agreement") is
made and entered into on this II ay of r ( , 2020, by and between
DEAN SMITH, an unmarried person and DAWN M E DELAURENTIS, an
unmarried person, whose mailing address is 845 10th Ave NE, Naples, FL 34120
(hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the
County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way,
Drainage and Utility Easement (hereinafter referred to as the "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:
$6,000.00
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, 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
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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.
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) Road Right-of-Way, Drainage and Utility 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
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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 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.
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(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
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Page 5
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, 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 Seller 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
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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: a ICt.
I a
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLI UNTY, FLORIDA
Circuit Court& Comptroller
BY: 04 0C • BY:
.. !10- Penny Taylor,Chairperson
ig ature only:
AS TO SELLER:
DATED: / 1('c .)1L/
UJ-
Witness (Signature) D N IT
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
C
Page 7
Witness (Signature) DAWN MARIE DELAURENTIS
Name (Print or Type)
Witness (Signature)
_to S Oh r kh.—
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Belo Qo10
Assistant County Attorney
Last Revised:January 17,2020
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GOLDEN GATE ESTATES 37440120005
UNIT 17
PLAT BOOK 7 PAGE 5
V.:7715'
PROPOSED SOUTH 180' OF
PARCEL 1180 RDUE TRACT 3 150'
2,250 SO. FT. SYRH,DEAN
0R 5299/734
/50, 37440120102
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10TH AVENUE N.E.
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SQ. FT.= SQUARE FEET
RDUE = ROADWAY. DRAINAGE AND UTILITY EASEMENT
OR •• OFFlCIAL RECORDS (BOOK/PAGE) W L_ E
"�� PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT
V/ I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL TE - RO
AUSE OF THE PUBUC PER PLAT BOOK 7, PAGE 5
AUG 4 2020
LEGAL DESCRIPTION FOR PARCEL 1180 RDUE
A PORTION OF TRACT 3, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE 5, OF THE PUBUC
RECORDS OF COWER COUNTY, FLORIDA. LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 15 FEET OF THE WEST 65 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET RN emu Inc' 3.
CONTAINING 2,250 SQUARE FEET, MORE OR LESS. ;: * .....MICh e/.,.
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FOR: COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 4.44.86 4. _`�
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SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE AND filA-1-4, 881d�/ple Talk Dr..Fade200
Naples,Florida 34109
PARCEL 1180 RDUE UTILITY EASEMENT Phone(239)597-57 FAX No. (239)597.0578
COLLIER COUNTY, FLORIDA ENGINEERING
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