Resolution 1993-152
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APRIL 13, 1993
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EXHIBIT "B"
Page 1 of 6
PROJECT: VINEYARDS PARK
UTILITY EASEMENT
APRIL 13, 1993
f\f1py
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the
("Agreement") is made and entered into this day of
, 1993, by and between VINEYARDS DEVELOPMENT
CORPORATION, a Florida corporation, (hereinafter referred to as the
"Vineyards") whose mailing address is 98 Vineyards Boulevard, Naples,
Florida 33999 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, as the Governing Body of Collier County, its successors and
assigns, (hereinafter referred to as "Owner") whose mailing address
is 3301 Tamiami Trail East, Building "F", Naples, Florida 33962;
WHEREAS, the Vineyards has constructed a sewer system along
the western edge of certain lands owned by the Owner, as described on
Exhibit "A", attached hereto and made a part hereof, (hereinafter
referred to as the "Property") to service residents of the Vineyards
SUbdivision; and
WHEREAS, the Owner desires to convey a permanent utility
easement (hereinafter referred to as the "Permanent Utility
Easement") to the Board of County Commissioners of Collier County,
Florida, as the Governing Body of Collier County and as Ex-Officio
the Governing Board of the Collier County Water-Sewer District, its
successors and assigns, (hereinafter referred to as the "District")
for the stated purposes, on the terms and conditions set forth herein
on behalf of the Vineyards; and
WHEREAS, the Vineyards has agreed to compensate the OWner for
associated costs to grant the Permanent Utility Easement over, under,
Upon and across the Property; and
WHEREAS, the Vineyards hired the firm of Mitchell & Stark
Construction Company, Inc. (hereinafter referred to as "Contractor"),
and the Contractor constructed a sewer force main (hereinafter
referred to as "Sewer Improvements") On the Property; and
WHEREAS, the Vineyards shall convey ownership of all Sewer
Improvements including, but not limited to, the sewer force main
Constructed on the Property to the District upon completion of all
Sewer Improvements within the Vineyards SUbdivision; and
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 are hereby mutually
acknowledged, it is agreed by and between the parties as follows;
1. OWner shall grant a Permanent Ut Hi ty Easement to the
District in the form attached hereto as Exhib~c "A" over, Under, Upon
and across the Property.
2. The Vineyards shall pay the Owner $1,000.00 for estimated
costs (including, but not limited to, staff time) for the conveyance
of the Permanent Utility Easement to the District.
3. Both the VineyardS and OWner agreed that time is of the
essence in regard to the closing and that, therefore, said closing
shall occur within sixty (60) days of the execution of this Agreement
by both parties.
4. Conveyance of the Permanent Utility Easement, or any
interest in the Property, by the 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
aDDK 000 PAGt 155
EXHIBIT "B" APRIL 13, 19t. :liD V~
Page 2 of 6 .~" '1-' .
oral agreements, undertakings, promises, warranties, or covenan s not
contained herein. This Agreement may be amended in writing only
signed by the party against whom enforcement is sought.
5. The Vineyards warrants that all necessary permits from
all Federal, State and local permitting agencies and approvals from
any holders of any encumbrances in and to the Property were acquired
prior to construction.
6. The Vineyards agrees to indemnify and save harmless the
OWner from all liability, damage, claim, loss, cost, expense,
including attorneys' fees, arising by reaSOn of the death of or
injury to any person or damage to any property whether or not due to
or caused by the negligence of the Vineyards, arising out of, or in
connection with the Vineyards use of the Property or construction of
the Sewer Improvements thereon, and the Vineyards agrees to defend at
its sole cost and expense and at no cost and expense to the OWner any
and all suits or action instituted against the OWner, in connection
with such liability, damage, claim, loss, cost and expenses
(including attorneys' fees).
7. The Vineyards warrants that no construction liens have
been filed against the Owner nor the District and acknowledges that
neither the Owner nor the District are subject to construction liens
pursuant to Sections 713.01 (19) and 153.87 of Florida Statutes.
8. The Vineyards shall comply with Collier County Ordinance
88-76, as amended, and provide all legal documentation, tests,
certification, engineering and any supplemental documents which may
be required prior to the District accepting and recording the
attached Utility Easement.
9. The Vineyards agrees to convey to Owner all of its right,
title and interest to and in the Sewer Improvements and Vineyards
further agrees to execute and record a Bill of Sale to effectuate
this transfer.
10. The Vineyards shall pay for all costs of recording the
Permanent Utility Easement, including grants and releases, if
applicable, of the Permanent Utility Easement, and all other costs
associated with this transaction including, but not limited to,
transfer, documentary and intangible taxes, and recording costs for
any curative instruments. The Vineyards shall provide copies of all
release and easement documents to the Owner after recordation in the
Public Records of Collier County, Florida.
11. Should any provision of this Agreement be determined by a
court of competent jurisdiction illegal or in conflict with any
applicable law, the validity of the remaining provisions shall not be
impaired. In the event of any litigation arising out of enforcement
of this Agreement, the prevailing party in such litigation shall be
entitled to recovery of all costs, including reasonable attorneys'
fees.
12. The Vineyards is aware and understands that this
Agreement is subj ect to acceptance and approval by the Board of
County Commissioners of Collier County, Florida.
13. This Agreement is governed and construed in accordance
with the laws of the State of Florida.
14. This Agreement shall become effective Upon execution by
both the Vineyards and the Owner.
eOOK 000 PAr,~ 15G
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APRIL 13, 1993
EXHIBIT. "B"
Page 5 of 6
DESCRIPTION OF LANDS
COUNTY UTILITY EASEMENT
FOR
TRACT S-4, THE VINEYARDS UNIT 3
COpy
A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN THE VINEYARDS UNIT 3, AS
RECORDED IN PLAT BOOK 16, PAGES 2-5, IN THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID CORNER BEING A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD; THENCE
ALONG SAID RIGHT-OF-WAY LINE SOUTH 89.55'24" EAST, A DISTANCE OF
83.53 FEET TO THE pOINT OF BEGINNING; THENCE SOUTH 01"28'00" EAST,
A DISTANCE OF 2274.11 FEET; THENCE SOUTH 22.51'12" EAST, A DISTANCE
OF 27.42 FEET; THENCE SOUTH 01028'00" EAST, A DISTANCE OF 70.70
FEET; THENCE SOUTH 20018'58" WEST, A DISTANCE OF 26.94 FEET; THENCE
SOUTH 01" 28' 00" EAST, A DISTANCE OF 318.95 FEET TO THE SOUTH
BOUNDARY OF TRACT S-4 AND THE END OF THE CENTERLINE;
SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRI("~'IONS OF RECORD
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EXHIBIT "C"
Page 3 of 3
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PROJECT: VINEYARDS PARK
UTILITY EASEMENT
APRIL 13, 1993
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referre~~ to as the
("Agreement") is made and entered into this ~ day of
/'/'~// , 1993, by and between VINEYARDS DEVELOPMENT
CORP;mATION, a Florida corporation, (hereinafter referred to as the
"Vineyards") whose mailing address is 98 Vineyards Boulevard, Naples,
Florida 33999 and BOARD OF COUNTY COMMISSIC:lERS OF COLLIER COUNTY,
FLORIDA, as the Governing Body of Collier CCJnty, its successors and
assigns, (hereinafter referred to as "Owner) whose mailing address
is 3301 Tamiami Trail East, Building "F", Naples, Florida 33962;
WHEREAS, the Vineyards has constructed a sewer system along
the western edge of certain lands oWned by the OWner, as described On
Exhibit "A", attached hereto and made a part hereof, (hereinafter
referred to as the "Property") to service residents of the Vineyards
Subdivision: and
WHEREAS, the Owner desires to convey a permanent utility
easement (hereinafter referred to as the "Permanent Utility
Easement") to the Board of County Commissioners of Collier County,
Florida, as the Governing Body of Collier County and as Ex-Officio
the Governing Board of the Collier County Water-Sewer District, its
successors and assigns, (hereinafter referred to as the "District")
for the stated purposes, on the terms and conditions set forth herein
on behalf of the Vineyards: and
WHEREAS, the Vineyards has agreed to compensate the Owner for
associated costs to grant the Permanent Utility Easement over, under,
upon and across the Property: and
WHEREAS, the Vineyards hired the firm of Mitchell & Stark
Construction Company, Inc. (hereinafter referred to as "Contractor"),
and the Contractor constructed a sewer force main (hereinafter
referred to as "Sewer Improvements") On the Property: and
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WHEREAS, the Vineyards shall convey OWnership of all Sewer
Improvements inClUding, but not limited to, the sewer force main
constructed on the Property to the District upon completion of all
Sewer Improvements within the VineyardS SUbdivision: and
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 are hereby mutually
acknowledged, it is agreed by and between the parties as follows:
1. Owner shall grant a Permanent Util i ty Easement to the
District in the form attaczhed hereto as Exhibit "A" over, under, upon
and across the Property.
2. The Vineyards shall pay the Owner $1,000.00 for estimated
costs (including, but not limited to, staff time) for the conveyance
of the Permanent Utility Easement to the District.
3. Both the Vineyards and owner agreed that time is of the
essence in regard to the closing and that, therefore, said closing
shall occur within sixty (60) days of the execution of this Agreement
by both parties.
4. Conveyance of the Permanent Utility Easement, or any
interest in the Property, by the 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
800K (JOO PAGE 164
:
. APRIL 13, 1993
oral agreements, undertaklngs, promises, warranties, or covenants not
contained herein. This Agreement may be amended in writing only
signed by the party against whom enforcement is sought.
5. The Vineyards warrants that all necessary permits from
all Federal, State and local permitting agencies and approvals from
any holders of any encumbrances in and to the Property were acquired
prior to construction.
6. The Vineyards agrees to indemnify and save harmless the
OWner from all liability, damage, claim, loss, cost, expense,
including attorneys' fees, arising by reaSOn of the death of or
injury to any person or damage to any property whether or not due to
or caused by the negligence of the Vineyards, arising out of, or in
connection with the Vineyards use of the Property or construction of
the Sewer Improvements thereon, and the Vineyards agrees to defend at
its sole cost and expense and at no cost and expense to the Owner any
and all suits or action instituted against the Owner, in connection
with such liability, damage, claim, loss, cost and expenses
(including attorneys' fees).
7. The Vineyards warrants that no construction liens have
been filed against the Owner nor the District and acknowledges that
neither the OWner nor the District are subject to construction liens
pursuant to Sections 713.01 (19) and 153.87 of Florida statutes.
8. The Vineyards shall comply with Collier County Ordinance
88-76, as amended, and provide all legal documentation, tests,
certification, engineering and any supplemental documents which may
be required prior to the District accepting and recording the
attached Utility Easement.
9. The Vineyards agrees to convey to OWner all of its right,
title and interest to and in the Sewer Improvements and Vineyards
further agrees to execute and record a Bill of Sale to effectuate
this transfer.
10. The Vineyards shall pay for all costs of recording the
Permanent Utility Easement, including grants and releases, if
applicable, of the Permanent Utility Easement, and all other costs
associated with this transaction including, but not limited to,
transfer, documentary and intangible taxes, and recording costs for
any curative instruments. The Vineyards shall provide copies of all
release and easement documents to the Owner after recordation in the
Public Records of Collier County, Florida.
11. Should any provision of this Agreement be determined by a
court of competent jurisdiction illegal or in conflict with any
applicable law, the validity of the remaining provisions shall not be
impaired. In the event of any litigation arising out of enforcement
of this Agreement, the prevailing party in such litigation shall be
entitled to recovery of all costs, including reasonable attorneys'
fees.
12. The Vineyards is aware and understands that this
Agreement is subject to acceptance and approval by the Board of
County Commissioners of Collier County, Florida.
13. This Agreement is governed and construed in accordance
with the laws of the State of Florida.
14. This Agreement shall become effective upon execution by
both the Vineyards and the OWner.
aOOK 000 PA~llG5
-2-