Proj. 77777 Everglade City Drainage PROJECT: 77777— Road Maintenance
PARCEL: 117DE2
FOLIO: 83840040001
EASEMENT AGREEMENT
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THIS AGREEMENT("Agreement") is entered into this 27 day of /v1 , 2025, by and between
EVERGLADES CITY CLUB RESTAURANT & MARINA, INC., a Florida not for profit corporation, whose
mailing address is 17595 S. Tamiami Trail, Suite 120, Fort Myers, Florida 33908, ("Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o
County Attorney's Office, Suite 800, Naples, FL 34112 (the"County").
Recitals:
A. Owner owns certain real property in Collier County, Florida, commonly known as 200 Collier
Avenue, Everglades City, Florida 34139:
B. The County desires to obtain a perpetual non-exclusive drainage easement (the "Easement")
over, under, upon and across a portion of the Owner's property as described in Exhibit "A" attached hereto
(the"Property").
C. Owner recognizes the benefit and desires to convey the Easement to the County for the
purposes and on the terms and conditions set forth herein, said terms including that no monetary compensation
shall be due and payable by the County.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. AGREEMENT TO CONVEY. Owner hereby agrees to convey, and the County hereby agrees to
accept the Easement on the terms and conditions set forth in this Agreement.
2. PURPOSE OF EASEMENT. The Easement shall be for drainage and stormwater management
purposes and includes the right to enter upon the Easement Area to a) construct, operate, maintain, repair,
replace and remove underground pipes, ditches, swales, earthen berms, rip-rap, retaining walls and other
retaining systems, irrigation lines, lighting and other electrical facilities, and all other types of water control and
related structures and facilities at County's sole discretion; and b) place, excavate, use, store, plant, remove
and dispose of soil, trees, landscaping, and other materials and improvements, including the removal and
disposal of any and all property, real and/or personal, not owned by the Grantee to the extent it interferes with
the Grantee's rights under the easement, without liability to the owner of such property; all as deemed
necessary or appropriate from time to time by the Grantee.
3. CLOSING DATE. Owner's conveyance of the Easement to the County (the"Closing") shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS
OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering
Division, 2885 Horseshoe Drive South, Naples, Florida 34104.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Owner shall deliver the following documents to the County, properly executed and in a form approved by the
Collier County Attorney's Office (the"Closing Documents"):
(a) Drainage Easement instrument;
(b) Affidavit of Title;
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(c) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Owner to execute and deliver this Agreement and the Closing Documents;
(d) Satisfaction, Partial Release, or Subordination from the holder of each mortgage open of record
encumbering the Property;
(e) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber
the Property;
(f) Termination or Subordination of any existing easement that encumbers the Property, if required
by the County;
(g) and
(h) Such other documents as the County or title company deems necessary or appropriate to clear
title to the Easement.
Following the Closing, Owner shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
5. CLOSING COSTS.
A. County's Closing Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyance instruments and any curative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable
costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the
delivery of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of
record encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable
costs and/or processing fees."
B. Owner's Closing Costs. At Closing, Owner shall pay all taxes and assessments that are due
and payable.
6. GENERAL PROVISIONS.
A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Severability. If any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
F. Governing Law; Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
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n
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
Date: hItil b , 2025 OWNER:
EVERGLADES CITY CLUB RESTAURANT & MARINA,
INC., a Florida not for profit corporation
By:
AASHISH EL, si ent
Date: /'IAy/ 2.7 , 2025 COUNTY:
ATTEST:,
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court Comptroller COLLIER COUNTY, FLORIDA
By. 44-C.t- -Ll, By: 172‘44#/.6e4e4$100.—Deputy le Attest as to Chairman's Burt L. Saunders, hairperson
signature only
Appr. d I i to forii and legality:
v 0 e
w DER:` D. 'ERRY, ESQ.
Assist:nt 14
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unty Attorney 17S
Last Revised 2/23/23
3
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENT EXHIBIT"A"
ROW Revd
4/14/25 117DE2 PAGE_1_OF_1_
LEGAL DESCRIPTION
BEING A PORTION OF EVERGLADES CITY CLUB RESTAURANT&MARINA,A CONDOMINIUM
ACCORDING TO THE CONDOMINIUM PLAT THEREOF AS RECORDED IN PLAT BOOK 10 PAGE
96 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID EVERGLADES CITY CLUB RESTAURANT&
MARINA,A CONDOMINIUM,SAID CORNER BEING THE EASTERLY RIGHT-OF-WAY LINE OF COLLIER PLAT
AVENUE(STATE ROAD 29)AND THE POINT OF BEGINNING.THENCE ALONG THE NORTH LINE OF NORTH
SAID CONDOMINIUM PLAT AND THE NORTH LINE OF A PROPOSED DRAINAGE EASEMENT SOUTH GRAPHIC SCALE
89'18'29"EAST A DISTANCE OF 160.79 FEET TO THE EASTERLY LINE OF SAID CONDOMINIUM PLAT; 0 30 40 e0
THENCE CONTINUE ALONG SAID EASTERLY LINE SOUTH 00°27'32"WEST A DISTANCE OF 10.00 FEET
TO THE SOUTH LINE OF A PROPOSED DRAINAGE EASEMENT;THENCE LEAVING SAID EASTERLY LINE
ALONG THE SOUTH LINE OF A PROPOSED DRAINAGE EASEMENT NORTH 89°18'29"WEST A ( IN FEET )
DISTANCE OF 160.83 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF COLLIER AVENUE(STATE ROAD 1 inch = 30 ft.
29);THENCE CONTINUE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00°41'31"EAST A 8 1/2 X 14 Not to Scale
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. NOT
CONTAINING 1608.13 SQUARE FEET MORE OR LESS. THIS IS
A SURVEY
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LJJ Q RIVER WILDERNESS OF CAPTAINS TABLE EXTENSION
A CONDOMINIUM
} CONDOMINIUM BOOK 18 PAGE 12-13
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> < P.O.B. S 00°27'32"W
/ 10.00
w 0 5 89°18'29"E 160.79
J // PROPOSED DRAINAGE EASEMENT
U N 89°18'29"W 160.83
PROPERTY LINE
c[ N 00°41'31"E
10.00
EVERGLADES CITY CLUB RESTAURANT&MARINA
A CONDOMINIUM
CONDOMINIUM BOOK 10 PAGE 96 LAKE PLACID
PREPARED BY:
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY LINE THOMAS J.ANDERSON,P.S.M.
OF COLLIER AVENUE(STATE ROAD 29)BEING NORTH 00°41'31" FLORIDA SURVEYOR&MAPPER LS 5804
EAST.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE ROAD MAINTENANCE COUNTY SURVEYOR
SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR
FLORIDA EAST ZONE,1983 DATUM WITH 2011 ADJUSTMENT. COLLIER COUNTY
3. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
FLORIDA LICENSED SURVEYOR AND MAPPER. ROAD,BRIDGE&STORMWATER MAINTENANCE DIVISION
4. ABSTRACT NOT REVIEWED 2885 Horseshoe Drive South,Naples Florida 34104
Phone:239-252-8924 Fax 239-774-6406
5. LEGEND: Date: SCALE: Project No: File No:
P.O.B.=POINT OF BEGINNING 04-14-2025 1"=30' COLLIER AVENUE 23046A1 (�