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Crown Pointe Easement PROJECT: FPL Greenway PARCEL No(s): Crown Pointe FOLIO No(s): 81370040007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 3,d" day of N(,~\..-..s , 2008, by and between CROWN POINTE COMMUNITY ASSOCIATION, INC., also known as CROWNE POINTE COMMUNITY ASSOCIATION, INC. a Florida non profit corporation, whose mailing address is 2786 W. Crown Pointe Blvd., Naples, FI 34112 , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to County a 110 foot wide easement, for a Greenway Trail and other ancillary public purposes, described as: TRACT "C", WEST CROWN POINTE, PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 14 AT PAGES 61 THRU 63 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (Hereinafter referred to as the "Property"); and WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to County for the stated purposes, on terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; 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 (said transaction hereinafter referred to as the "Closing") to County at no cost to County, unless otherwise stated herein. 3. Both Owner and County agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the County. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that Owner has not knowingly generated, stored, treated or transferred hazardous substances on the Property to be conveyed to the County, and that to the best of Owner's knowledge, that Owner 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 during the period of ownership by Owner. County will accept the Property "as is", subject to existing easements of record. This provision shall survive Closing and is not deemed satisfied by conveyance of title. \ Page 2 6. County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying all other costs associated with the transaction except for documentary stamp taxes which shall be paid by Owner. County shall pay Owner $750 for legal costs associated with this conveyance. 7. County may utilize this Easement for a Greenway Trail provided County builds, at County's sole expense, within the Easement area a pedestrian and bicycle pathway essentially consistent with construction plans for the FPL GREENWAY as prepared by Johnson Engineering and dated November 27,2007. No other usage by County is expressed or implied within the Easement except for the construction and maintenance of a pedestrian and bicycle pathway as provided herein. County shall be responsible for the cost of installation, maintenance, repair and replacement of all improvements on the Property for the Greenway Trail and Owner shall not be obligated for any such costs unless damages occur as a result of the Owner's negligence or intentional acts. County will maintain such improvements in good and safe condition at all times. County agrees to work with Owner to preserve and maintain quiet enjoyment of residences located within Crown Pointe developments contiguous to Easement. As funding may allow, and at County's sole discretion, additional planting and shrubbery may be added within the Easement area. County shall be responsible for mowing the Easement area, and shall construct removable bollards or other traffic restricting devices to restrict vehicular traffic, other than police vehicles, County maintenance and mowing equipment, and any Florida Power & Light vehicles and/or equipment. County shall reimburse Owner annually for the expense of maintaining a liability insurance policy specifically for risks related to Owner's exposure resulting from the pathway. 8. 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. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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. 10. If the Owner 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, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (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 exempt from the provisions of Chapter 286, Florida Statutes.) 11. 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 =3> .--..1. day of ~o",-",,^b.v,2008. Page 3 AS TO COUNTY: DA TED;~0lem~ (p,2~o~ ."', ~\ '.' c.,," ',,;: ..I :/\'-" ,,::: ,..-. i ArrEST: ... ~igl:lf E, Bro!:;k, Glerk .- BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FL RIDA /1 By~. I .".' ,.... "'tiiIB, _'0 .,_tart 0111'1 By: .')'L--" TOM HENNING, Chairman AS TO OWNER: WITNESSES: CROWN POINTE COMMUNITY ASSOCIATION, INC., also known as CROWNE POINTE COMMUNITY ASSOCIATION, INC., a Florida non profit CO'POZ':A" ~ ' Jk )31"/ /./ . / :;.'ff :/~e,'~ ~ignature) V~4~~ (Signature) \('K\S\\~ U\~ (Print Full Name) r', \ ') /~< eBERI FiEbK/C-~ (Print Full Name) (Signatur '" ---'> 1?c=.c:;: I j) e:?rj (Title) (I\\>\ -f-, ,\,OvNC (Print Full Name) Approved as to form and Legal sufficiency: ~ ttorney .".