Heritage Bay Easment (Tracts A,J,K & M)
\^'~
This instrument was prepared
without opinion of title by
and after Recording return to:
4133754 OR: 4333 PG: 4188
RICORDID in OFFICIAL RICORDS of COLLIIR COUNTY, FL
01/19/1008 at 10:59AM DWIGHT I, BROCK, CLBRK
REC FEE
DOC-.70
coms
69.50
,70
8.00
Paul K. Heuerman, Esq.
Roetzel & Andress, A Legal Professional Association
850 Park Shore Drive
Trianon Centre - Third Floor
Naples, Florida 34103
(239) 649-6200
Retn:PROJ: 60018
TRANSPORTATION
INTBROmCE
MARGARET KREYNUS
(Space above this line for recording data)
STORMWATER TREATMENT AND STORAGE EASEMENT
THIS STORMWATER TREATMENT AND STORAGE EASEMENT ("Easement"), is made
this d:.iIJL day of - , 2008, by Collier County, Florida, a political
subdivision of the State of Flori a ("Grantor"), to Cameron Partners, LLC, a Florida limited liability
company, whose mailing address s 11586 Quail Way, Naples, Florida 34117 ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain parcel of real property more particularly
described as follows:
Tract R-4, Heritage Bay Commons, as recorded in Plat Book 43, Pages
46 through 54, of the Public Records of Collier County, Florida
("County Property");
WHEREAS, Grantec is the owner of that certain parcel of real property more particularly
described as follows:
Tracts A, J, K and M, Heritage Bay Commons, as recorded in Plat Book
43, Pages 46 through 54, of the Public Records of Collier County,
Florida
("Grantee Property");
WHEREAS; Grantor and Grantee entered into that certain Developer Contribution Agreement
dated December 12,2006, and recorded December 29,2006, in Official Records Book 4162, Pages 2725
through 2738, inclusive, of the Public Records of Collier County, Florida, in which it was agreed that the
Grantor would grant to Grantee, its successors and assi[,'l1s, a water management easement for one quarter
of one acre for treatment and storage of stormwater from the Grantee Property;
WHEREAS, Grantee desires to develop on the Grantee Property approximately 50,000 square
feet of office space and 45,000 square feet of retail space (collectively, the "Grantee Development"); and
WHEREAS, Grantor desires to grant to Grantee a penmanent, non-exclusive easement through,
over, under and across a portion of the County Property as more particularly described on Exhibit "A"
(consisting of 2 pages) attached hereto and incorporated herein ("Stormwater Easement Area"), for the
OR: 4333 PG: 4189
purpose of providing underground and above ground stormwater drainage and retention, drainage
infrastructure, storage attenuation and positive outfall adequate to serve the Grantee Development on the
Grantee Property ("Easement Purpose").
NOW, THEREFORE, for good and valuable consIderation, the parties hereby agree as follows:
I. Easement Grants.
1.1 Grantor hereby grants, gives and conveys to Grantee, its successors and assigns, a
permanent nonexclusive easement through, over, under and across the Stonmwater Easement Area for the
Easement Purpose, and for maintaining and/or repairing the Stormwater Easement Area to ensure the
Easement Purpose; and
1.2 Grantor hereby grants, gives and conveys to Grantee, its successors and assigns, a
permanent construction easement through, over, under and across the Stormwater Easement Area or any
portion thereof for the construction and installation by Grantee, at Grantee's sole cost and expense, of
storm water drainage retention areas, and related facilities including, but not limited to, drainage lines,
pipes, collection boxes, head walls and other facilitics and equipment that may be from timc to time
installed or constructed to ensurc the Easement Purpose ("Stormwater Management System"), which
Stormwater Management System, if constructed, shall be constructed and installed by Grantee in
compliance with applicable laws, regulations, orders and ordinances of the city, county, state and federal
government, or any department or agency thereof.
1.3 Grantor hereby covenants, warrants and represents to Grantee that: (i) Grantor has good
right and lawful authority to convey the easements established hercby; (ii) no person other than Grantor is
in possession of the Stormwater Easement Area; (iii) Grantor will not execute any instruments that would
adversely affect the Stormwater Easement Area; and (iv) no improvements have been made to the
Stormwater Easement Area for which payment has not been made in full. These easements shall run with
the land of the County Property and shall inure to the benefit of and shall be appurtenant to the Grantee
Property.
II. Prohibitions.
2.1 The unreasonable obstruction, in any way, of the Stormwater Easement Area is
prohibited, including, but not limited to: (i) parking of any cars or trailers upon or otherwise blocking-off
the Stormwater Easement Area; and (ii) the construction of any walls, fences, gates or other
improvements which would obstruct access through or interfere with the Easement Purpose or Grantee's
normal operation and maintenance of the Stormwater Management System.
2.2 Grantor hereby reserves the right for itself (a) to utilize the Stormwater Easement
Area and (b) to grant such additional non-exclusive easements, rights, rights-of-way or other privileges
over, across or under any or all of the Stormwater Easement Area as Grantor shall determine to be
appropriate in its sole and exclusive discretion; provided, however, that any such other easements, rights,
rights-of-way and/or privileges under this Paragraph 2.2 granted over, under or across the Stormwater
Easement Area shall not unreasonably interfere with the Eascment Purpose or Grantee's normal operation
and maintenance ofthe Storm water Management System.
III. Maintenance ofthe Stormwater Manal!ement Svstem.
3.1 The Grantee shall at all times keep and mamtain the Stormwaler Easement Area m a
clean, neat and working condition including, without limItation, the maintenance of the Stormwater
2
OR: 4333 PG: 4190
Management System located therein from time to time ("Easement Maintenance"). Any Easement
Maintenance performed by the Grantee shall be performed in compliance with applicable laws,
regulations, orders and ordinances of the city, county, state and fcderal government, or any department or
agency thereof.
3.2 If either party (the "Breaching Party") fails to perfonm in a timely manner the
maintenance obligation imposed by this Easement, or otherwisc breaches that party's obligations under
this Easement, the other party ("Aggrieved Party") shall be entitled to notify the Breaching Party in
writing specifying the deficiencies and the action required in order to eliminate the breach. Except in the
event of an emergency, the Breaching Party shall have a period of fifteen (15) days after receipt of said
written notice in which to correct the alleged deficiencies, or such longer period of time, not exceeding
sIxty (60) days, as may reasonably be necessary if the defielcncy is not reasonably susceptible to cure
within said fifteen (15) day period and provided that the Breaching Party commences corrective action
within ten (l 0) days after receipt of said written notice from the Ag[,'fieved Party and thereafter diligently
pursues corrective action to completion in a diligent and continuous manner. If the Breaching Party fails
to commence and diligently pursue and complete the required corrective action as hereinabove set forth,
then the Breaching Party shall be in dcfault of this Easement and the Aggrieved Party shall have, and the
Breaching Party hereby grants and conveys, in addition to all other available rights and remedies, the right
and authority and casement for such purposes on the part of the Aggrieved Party and such Aggrieved
Party's employees, contractors and subcontractors to enter upon the lands and improvements owned by
the Breaching Party in order to perform appropriate corrective action to eliminate the deficiencies
spccified in the written notice from the Aggrieved Party. All costs, excluding legal fees and costs,
incurred by the Aggrieved Party shall be paid by the Breaching Party to the Aggrieved Party.
3.3 Grantee may form a property owners' association ("POA") and thereafter assign all or a
portion of its rights and obligations under this Easement to the POA, in which case the POA shall accept
and be bound to the obligations so assi[,'l1ed.
3.4 Grantee shall defend, indemnify and hold Grantor harmless from all claims, losses,
liabilities, actions, proceedings and costs (including reasonable attorneys' fees and costs of suit), including
liens, and any accident injury or loss or damage whatsoever occurring to any person or to the property of
any person arising out of or resulting from the construction, operation and maintenance of Stormwater
Management System within the Stonmwater Easement Area performed on behalf of or authorized by the
Grantee.
VI. Notices. Any notice, request, demand, instruction or other communication to be given to
any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or
telecopier or facsimile transmission, or sent by registcred, or eertitied mail, return receipt requested,
postage prepaid, addressed as follows:
If to Grantor:
Collier County, Florida, a political subdivision
of the State of Florida
Attention: Ellen T. Chadwell, Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34i 12
Phone: (239) 774-8400
Facsimile: (239) 774-0225
3
OR: 4333 PG: 4191
Ifto GRANTEE:
Cameron Partners, LLC, a Florida limited
liability company
Attention: Thomas C. Carollo, Manager
11586 Quail Village Way
Naples, Florida 34117
Phone: (239) 860-2317
Facsimile: (239) 254-8309
With a copy to:
Roetzel & Andress
Attention: Paul K. Heuerman, Esquire
850 Park Shore Drive
Naples, Florida 34103
Phone: (239) 649-6200
Facsimile: (239) 261-3659
Any notice demand, request or other communication shall be deemed to be given upon actual
receipt in the case of hand delivery, facsimile or teleeopier transmission, or delivery by overnight courier,
or four (4) business days after depositing the same in a letter box or by other means placed within the
possession of the United States Postal Service, properly addressed to the party in accordance with the
foregoing and with the proper amount of postage affixed thereto. In the event of any notice via teleeopier
or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day
of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight
Savings Time, whichever is then applicable) shall be deemed to have been given on the next following
business day. For purposes of delivering and receiving any notices, demands, requests or other
communications under this Contract, the attorneys for Grantee may directly contact Grantor and the
attorneys for Grantor may directly contact Grantee. The respective attorneys for both Grantee and
Grantor arc hereby expressly authorized to give or receive any notice, demand, request or to make any
other communication pursuant to the terms of this Easement on behalf of their respective clients.
The addressees and addresses for the purpose of this Section may be changed by either party by
giving written notice of such change to the other party in the manner provided herein. For the purpose of
changing such addresses or addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in effect for all purposes.
V. Parties Bound. This Easement shall run with the land of the County Property for the
benefit of and as an appurtenance to the Grantee Property and shall be binding on the parties, and their
respective heirs, successors and/or assigns. In the event that the Grantee Property is subdivided, all
owners of such property shall be entitled to the benefits of this Easement and shall be responsible for the
costs provided herein.
VI. Amendment. This Easement may not be changed, modified or terminated, except in
writing by an instrument executed by the parties hereto.
VII. Severabilitv. If any term or provision of this Easement or the application thereof to any
party, person or circumstance shall, to any extent, be declared invalid or unenforceable by a court of law,
the remainder of this Easement, or the application of such term or provision to parties, persons or
circumstances other than those to as to which it is held invalid or unenforceable, such term or provision
shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and
the validity and enforceability of all other terms and provisions of this Easement and all other applications
of any such term or provision shall not be affected thereby, and each term and provision of this Easement
shall be valid and enforced to the fullest extent permitted by law.
4
OR: 4333 PG: 4192
VIII. Applicable Law. This Easement shall be construed and enforced in accordance with the
laws of the State of Florida, exclusive of choice of law rules, and this Easement shall not be construed
more strictly against one party than against another party merely by virtue of the fact that it may have
been prepared by counsel for one ofthc parties, it being recognized that all parties hereto have contributed
suhstantially and materially to the negotiations and preparation of this Easement. Venue for any legal
action arising out of this Eascment shall lie in Collier County, Florida
IX,
Florida.
Reeordinl!. This Easement shall be rccorded in the Public Records of Collier County,
IN WITNESS WHEREOF, the parties have executed these presents as of the day and year first
above written.
Signed, scaled and
delivered in the presence of:
Grantor:
Name:
Collier County, Florida, a political subdivision
ofthe State o?a .
:::~. ToruJ~i/~
TItle: Chairman
Name:
APPROVED AS TO FORM AND:
LEG, 2UFFIC~E~1
By u,,0 /~
~i~~ei~ '(-~ ~ ~t:i ::~i
ATTEST:
,
~; ~~~,o.c.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
(i0
, 2008, hy
of
said political
ent was acknowledged before rne this _ day of
,as Title:
Collier County, Florida, a po . I subdiVIsion of the State
subdivision of the State of Florida, who is personally kno
as identifica
of ' nda, on behalf of
e, or ( ) has produced
Notary Public
Name:
(Print or
My Commission Expircs:
~
5
OR: 4333 PG: 4193
Grantee:
Cameron Partners, LLC, a Florida limited Ii
company
~ By:
Print ame: (u.../~ w. <9&<~;~
'.. ( 'ill."- ..~, /"'([/j"H'I<..)!,
Print Name: ":;:>/C,/j-t' I. /\-~ '/I "l"" J{.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this :,Ie (J'day of if: In,, i, /'CI , 2008, by
THOMAS C. CAROLLO, as Manager of Cameron Partners, LLC, a Florida limited liability company, on
behalf of said limited liability company, who (~1'is personally known to me, or ( ) has produced
as identification.
..: lA~.:' :'.,dlJf:'STATE OF FLORIDA
'h;,,~, .,,' Dian..: L. Komoroski
'1,',1', ~ Comm'ssion #DD3692611
\"{/I., Expires: NOY. Oil" ;;008
-;;'-1 ""j';: .,- .:r '..;.H:~;:.'\': CO.Illi;;,
,x l (/ AA- }C I). )'1(, (, )~
N6tary Public
Name:
(Print or Type Name)
My Commission Expires:
547288 v_02 \ 111708.0007
6
OR: 4333 PG: 4194
EXHIBIT A
LEGAJ~ DESCRJPTION
OFFSlTE DRY RETENTIO"l BASTI\i
PORTION OF TRiI.CT "R-4'
RERlTAGE BAY CO'v!:MO"lS
Being a portion or Section 23, Township .18 SOUlh, R2ilge 26 East,
Colher CounTY; Florida
A parcel of land behlg a portion of Tract "R-4", Heritage Bay Commons, as recorded in Ph'il Book 43,
pages 46 through 54, oftne Public Records of Collier County, florida, and being a portion of Section 23,
Tov,"l1ship .18 SOL:!n, Range 26 East, Colher County, Florida, being more P2irticuJ3rly described as
fonaws:
CO!v[MENCE at the Southwest comer of said Tract ''J'', as described in the aforementioned Plat of
Heritage Bay Commons; thence along the \VeSl line of said Tract 'T\ also being the East right-of-v.'ay
line of the aforementioned Tract "R-4", N.00'50'35"W, 150.00 fCE! to the POTI\iT OF BEGTh"'L\G:
thence S.89'09'25"W., 58.00 feet; thence "I.00'50'35"W., 267.27 feet; thence '\1.89009'25"E., 58.00 feet
to 3-.,') intersecTion with tbe aforeDlentioned \\lesT line afTract "r'; tbence along said \Vest line
S.00'50'35"E., 267.27 feet to the POTI\iT OF BEGG'1Th'G.
Sald parcel cOIliams 15,502 square feel, more or less,
Bearings are based OD the South liiJ.e of Tract 'T', Herit2.ge Bay Com mOIlS, Plat Book 43: Pages 46
Through 54, Collier County, Florida As Being N.89'58'23"W.
<\ 1T.1-;1 11.\'1
-'-':,'" 1
~
l
5C4:[ IN rrn
5::;
,--~-GDv'D
__~ . ."JiII: Q.C COJI~',N::1EIIi
",c,t . .~JII(/ rF iE:;JIIIIIlI(;
___ -~'J."'BiEZF:[)SD,,'"Nr
- ."tJifK I.m:rrr [<SDI:.71f
~c'.~ - '::MIT"iJrrJrr~:IIDfi
U'.' - RMIi-:J!-II'~r
-~$[[lSJlr.l::1Ir
-e:.1rr,JIJIE
5:./911':-';"09'5 /I/C:;ts
H!DIO(ItIN.':DXSIIJ,'PUi<P;J.'iIIO!J::INOA/(H-
fEC;:.VIOP'! J!)R:;;,fJCIIJI, Q." ;J,'r CIER4.L Siliif a!< W~
ActN::::
B'!1IIC, .s:'iJWI"Hi?,~'A.~..'5JS:]j0llJ!E STM,I1.AJI[
':Oy/DiAA,. ~:-srill. NYirh IJJUlI;:AA' {Ji.jW or ,'9EJ/:~90
AfjJojS1JJ,Nr(N~/90).tIORF.J1,H37.'GNt iNERi.7<i![II;:
~i'5/], ~O:;rI ,f[DA~i'F~i' ~~~~1iI;2[:~",
c'J:1\'."; ~,OR,'DI- 15 3,/11" ,1:E!'5c.-,f~
:DWloliIJJ/lu!e.71TS
.~.'I,7'-\.~1ilYi "C TliS
S0/11CJ':JJiCiiJ~' il'iTii ftE
--------+-
1-
cn- /
--,'LL r
(i,\L r -
i!-':::
II u~
~~:
I
,
I
./</89'C9'25"[ 55.00'
'-.
~
~
~
~S-;l Dr:l'
J~ ~ ;~'~~ TION
R_'. r'
/J,~~r
.:,::co;9J.IRLF,'
C ,\.'(: -,- .L~
,
<
~
9
,
c
:1
~ I
"
i--
,
~
---~
~, L ,,_ (UTU:~c;';:~~~___,/
i.5'LEI. " ,
-,
:q'
.S;::
~
~
.....~~
~~~
~: ::=.
~~~
~~ ~
~~e
~
C
,
"
~
'-.
~
~
~
~
T;':~[T ')"
(CUi)P.[ DrvnO;JM[N~,1
~
~
'"
~
::5
8
;;
8
-~ -
, C
,'::.::::. - -
c; - ~
~ 0 2
- "
S
~
._.__~t____
22
.L7
L~
,'--
~
~
,
....,~, -_/
___ ",'I,';,,:;, Sir ::NM:)II!.'
-"'_^- ,r:nv .'~ .~~:;,-~ <c-:.~
l'-~ L~.-::~~' /c-,c';CTr
S3;'Cr9'25~W 5B,J0,/ \ -~-- ---~
,
I
CCO~E" CCT!\T", f~-J,";~A j,
-----r- ---=-----
,C L
P08-
5D'
T--
,00. ,r'
(OJ,:),'J,:")\'5
8 '\
0
, ,
I
c I
. 0 I
~ I
,
~.~ I
~: ~ I
, '{, I
,
,
"
"
'-
'/?CU?':~NC[ BtA9IN<;'
iy'3?'53'2J'W ; i.' 7 ".;'
,.
\1
5Xili-fllf5,1 CQifNUi:J( -r:k'T 'J~
,'{iri,'AG! 2/)" :QlfMJN5, P~~J
BX)K%'::'SL[-5t ';JiiEr:
,~]JN~:
I
-1
1
nC':A'-
<."'- '~o-,e'x.
5Kt'TCH 10 ACCCMPA~Y LEGAL DESCR!PTJO\'
P02TWN 0:<" TRACT "R-,f', HER1H.GS f,AY
:?L4T EOl~IK -',3, FAGES 46 L~ClC]--j :54
I,~=I~' ~:~~?_C~~_~?, 'J'3V_3," r:c,~:,E"
PDRTiO',
WllsqnMiller -----.-<
:-.,"'''-'T . 2=>= . "'''''=. ,..-.;.,,,,,,, ~'~..,.",. ,',"",---0-,"" :".,~-"-".,,,
's,"O
I'
IW,,,.-,I.iO'~r, 1,.:-
.,'"",' _.~"' ".~' .",-."",,,,s--.,,,~,,, _ ,,,,,.=... -"~"".-_~
" ;;"l-'." .;"u,,= _-"=-=-=,,.=~;,~?-:>,,-=,~~~_~___'::,,_,_:,,"~_"'-=.'__,.'
1i:-,cLWI".? I','C:C:': tJ . .
I '0="=
- -:::~ 11 j.1--, j l~ ! )1\ II
,"t'c': ,]0:
4333 PG: 4195
***