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Parcel 172 PROJECT: PARCEL No(s): FOLIO No(s): 60044 172 40171120002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") IS made and entered into on this -b day of OCIOlSE:i.t' , 20~, by and between DAVID A. WARDELL, CHARLES W.B. WARDELL, III, WENDY CHAMBERLIN, CHRISTOPHER WARDELL as tenants in common, each with an undivided one-fourth Interest, C/O Brian P. Patchen, ProfeSSional Association, 1000 Brickell Avenue Suite 1112, Miami, FL 33131 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamlami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), WHEREAS, Purchaser requires a perpetual. non-exclUSive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS. Owner deSires to convey the Easement 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 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, 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 Property to Purchaser for the sum of $52.492 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 Property 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, including but not limited to the cost to relocate the existing Irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Property, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Property to Purchaser, including all expert witness fees and costs as provided for in Chapter 73, Flonda Statutes. 3. Purchaser shall pay Seller's expenses for attorney's fees not to exceed $1.574.76 at closing. 4. 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 cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of ClOSing: (a) Right-of-Way, Drainage and Utility Easement; (b) Closing Statement: (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and Page 2 (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. 5. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore. Closing shall occur within ninety (60) 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 Easement. 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. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Property, the Owner is responsible for their retrieval pnor to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval IS performed before construction and without interruption or InConVenience to the County's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Owner. This provision shall survive ClOSing and is not deemed satisfied by conveyance of title. 6. 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. 7. Owner agrees, represents and warrants the following: (a) Owner has full nght, 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 Owner 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 Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any nght or option to acquire the Easement 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 Easement or any nghts 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. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement, (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 Page 3 Easement 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 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 adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) Owner has no knowledge that the property underlying the Easement, and all uses of the said property, have not been and presently are not in compliance with all Federal, State and Local environmental laws; that any hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser. 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. 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. 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 Easement; 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, unless the Easement is acquired under threat of condemnation. 10. 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. 11. 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 Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant Page 4 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. Conveyance of the Easement, or any Interest In the property underlying the Easement, 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 cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. 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. 14. 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 day of , 2007. Date Acquisition Approved by BCC: 4/25/06, Item 10A, Resolution No. 2006-107 and Resolution 2007-123. AS TO PURCHASER: DATED: /0-5-0f BOARD OF COUNTY CO MISSIONERS COLLIER CO . F I BY: JAM DATED: IIYitness (Sign f-Ie:LEi: . Name (Print or Type) (0cr ~7 \ ~t-')i ,y ,Witness Sig ature) tb, Na e (Print or Type) ~",~cG~~DP D ID- A. ARDELL ~0-AIG'B{IJLt~~ CHARLES W.B. WARDELL, III ( Approved as to form and ~~ie~:~h~ Ellen T. Chadwell Assistant County Attorney last Revised; 3/19/07 iJd P~e 5 , 121~~~b2~./ WENDY C AMBERLlN C,C'. CHRISTOPHER WPl PROJECT NO. 60044 PROJECT PARCEL NO. 172RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHISfT~ Page, ) _ ace THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 300 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.482 ACRES, MORE OR LESS. THE NORTH 300 FEET OF TRACT 15 I I I .. i SOIITH PROPERTY IINF . I I 30 FEET I I I I I I L.._.._._.._.._.._.._ 150 FEET) / PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAG AND UTILITY EASEMENT .-..-..-..-..-.. I -"-"-,,-,,- .._.._.......J I PROPOSED ADDITIONAL RIGHT -QF-WA Y 170 FEET) I .._.._..-..-.._.._.._.._._.._.-.._.._.._..~ EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT.OF.WA Y / EAST HALF OF -..-..-..-..-..-..-..-..-..-..-..-..-.--..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-.. NORTH NOT TO SCALE Collier County Transportation Engineering & Construction Management Department 03/29/07 4:44 PM I aZ./bf ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line thrau h routio lines #1 thrOll #4, com Jete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routin order) I. 4. / / ;' / / / 2. 3. 5. Sue Filson, Executive Manager Board of County Commissioners / PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. 6. Minutes and Records Clerk ofCourl's Office Phone Number ~, ~~ ..... '\SCIl\J Agenda Item Number Number of Original Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval ofthe document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on (enter date) and all changes made dnring the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chao es, if a licable. 2. 3. 4. 5. 6. sa..- ~ ~~ , I Yes (Initial) N/A (Not A licable) ~ JJ !\ -J'U JI if dU in the BMR Real Property Folder. Thank you --p\ e.u::,e t-et\.ut'v\.- ngm acumen uting Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 \^,"6"SY"'''~.\. -In "c;,.";~',, '~+cff",V\c-.r'.I."" '~\'_-Ll'llLaU"\ '-^~~ \'~ ....... ........f1.......J"t,y_"- ~-- . ........\-..;,.. I "- .11 .