Parcel 114RDUE (Belzowski)
PROJECT
PARCEL NOl51'
FOLIO No!s)
CoWer Blvd. #68056
114RDUE
37994680004
INSTR 4400036 OR 4541 PG 2399
RECORDED 3/1/2010 143 PM PAGES 7
g;;'~~I~~ ~~~~T~K CLERK OF THE CIRCUIT COURT
DOC@70 $0.70 REC $6100
CONS $0 00
EASEMENT AGREEMENT
n liS EASEMENT l\GREEMENT (herei to as the ',Agreement"J is
~~~~~~~d ~n~~g~~oK~,n t:iS ~RRI~~Y c~A BY ~~f~p6u~~ b~~~~
BELZOWSKI. whose mailing adCiress is 387 V'Jhil Boulevard, Naples. Florida 34117-
4128 l"'.erein<Jfter refe,rerl ro :;15 "Owner") ;:Hlrl COLLIER COUNTY. <1 rolttical sut)divislon
<)f the State of F!cwda wr.Fy;e rJ1Cl,liD;,;J arjdn~::.'~ I~; 3301 T"Wlldl'll Trail !::.;:Jst Napie~; F'orida
14112 (llfnE:lf1after referre(j to as ;Jcrchasn'i
V'/HEHEAS PtJrch::l'ser 'equlres P""r~tlia\ NCf)'[:.(Ci'Jsi\1f.?' RQCld Highi..()f
'.r.:ay.Dralflage and Utility t:')<;l7mf,ntcw~r l.r1der, upal' ,"'!nd cWrGS:::' th.-:; lands deSCiibed in
Exn.bit "A, whic!: is dltCli:;iled IU~rHD and IT18ijp d pdrt Df thj~ Agreement (hereinafter
f'E"1erred to as the 'tasernenl , =in;:'!
VJHEHCAS, O~'mer desires to convev the EaS€Ment 10 Purchaser for ttle stated
purpo:::cs, on thp term!'> :wd conditions ~e1 forth herein: :lfl.1
V/HEREAS Pu.chase'" r'3& agreed ~(: ::CJIT'P81'Sdk OW'1er fe' (;un'Jeyan:;e of tho
Easemen:
NOVIJ THEREFORE In consideration (If these premls.es, the sum of Ten Dollars
iS10.0J}, and ather good 811d vaiuable consideration, :he receipt and sufficiency of which
is herebv mUfually acknowledged. It IS agreed hy and between the parties as follows.
,il.J IJf the clb')\l8 Pf:r:;t":'.AlS ;Jfe tnn? 8'ld r:lfrect and 8~e nereh:,- expressly
incol-porated tlerelll by lek're!lGe as if"el fonh fullv b>:.-lm',i, and ail Exhibits referer'Jced
herein <'Ire made a part of this Agreemf~nt
.L Ovmer shad '~:OJI',.'ev ifU;-.' E85t:rflEfit to F'ufC"laSer kli the 51]111 of
532.300.00
sutJjHCi 10 the app011iOrL'11€:nl and dlstnbuLon of ~)roceeds PlJiSuanl tG Paragraph 9 oi
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by Cm.mty Warrant ,;;flall be full compensation fer the
Ea!'>f:l1len1 cOlwe'fHl i,',ch;c\inq ail la,idsf:aping, 1ree~, SI)rJlbs irnproltements. and
fixt! !res located thereon and sllall i){' In full and tl!lal set1!emeQ! of any dnrnages
f€SU!!'!-'g to Own-er's remaining lands c:Jsls to (.Ire nc!udiny but Itol li'rltef: tn the
Gost to lelocate the 8xIstmg imgatio/1 systen; and ot'ler unproveJllellts, allc! tile cosl
to cut and cap irrigation Jjn~s extending into the Easement, and to remove ai
sj:xinki.(:( valves <1nC-0.iatr!d electJical wHinn and ilH other dn:mfl.qes lfl GOnnectlOr.
with conve'y"ance of c,;:lid F1~f;m~:nt j,.) j'J;j~:;h;;sf-'! Ind~j(ii!'\~J Clll al1nrneys' fees, ~xrerl
wifll~5.s fe~s dWJ C(JS~S a;,; jy:y:iued 1(;' in Ch~lptt:1 73 ~'lcrid3 S\<.1Llt\;:,: The luti-:l:
i-mlOunt of 53) :;,}C i]i m',.!I8" S COtlip':~"'~afil)'l, aHcne\' ", It'Ccs 3f~:i d': o!h,~: ccs.:s'
s!"'.al! be transferred t;y wir'i: into the Selia Y PateL Tust Account at t:':lc-slnq
3. Prior to Clcsin~L Owner shedl ,')biarn fro!11 !ht-: LCJtdc:-~, uf ;:my lit~ns, cxc;-;pkms and/or
qualiflcatio'1S encurnbermq ttu: Easement tile ('j,'ec:.ltIOi: of s'Jch in';!l uments whir.il
will remove re:eaSE: Dr sl,;bnrrJlI1<Jte s:.ch enCW"lbran:es frun ~he Ei-1.':;emem :lpon
their recordinq In the pUblk: records of Cdlei COlm!y_ Fiolida N III prim to Closing.
OW'ler shall provIde F-\!tcnaser with a ropy 01 al'/ cxistlnq prie title insurance
poliCIes O'"ner sllall '.::~~use t') he df+\'f~r~rl \n r'urr:hns<:'f the Items :3pf"~cifierl herpin
and the foHoVJlng:locJments dnd :nstr;.lme-nts rl.dy ~'_'.(ecu+ed 8f\C dCKIlOwledUf.'d, in
recordable f;:nm (heremafter referred 10 as Ciosmp Documents",: on or before the
datf: ut Cf',)sir,:~
(3) r<:oaa RighH,..Jt-VJav Drainage and Ulilit, FClselllent:
Page 2
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" AffIdavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity 01 Owner and its representaUves 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
4 Both Owner and Purchaser agree that time IS of the essence Therefore, Closing
shall occur within ninety (90) 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 Agreemenf 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.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical Wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of thE irrigation system on the remainder
property and its performance after relocation Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project
If OWner elects to retain improvements andior landscaping ("Improvements') located
on the Easement, the Owner is responsible for thell' retrieval prior 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
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall sU[I{ive 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 followlrlg.
fa) Owner has full right, 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 tile provisions of this Agreement
(c) No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof
Page 3
(d) Until the date fixed for Closing, so long as this Agreement remains In force
and effect Owner shall 110t encumber or convey any portion of the property
underlying the Easement or any rights therein. nor enter into any agreements
granting any person or entity any fights with respect to the Easement
Without first obtaining the wnlten consent of Purchaser to such conveyance.
encumbrance, or agreement, which conspn! ffirtY be withheld hy Purchaser
for rtny reason whatsoever.
(e) There are no maintenance. construction advertising. management. :easlng
employment. serJlce or other contracts affecting the Easement
(I) 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 felated to the
Easement which has not been disclosed to Purchaser In writing prior to the
effective date of this Agreement.
(g) Purshaser IS entenng into this Agreement based upon Owners
representations stated in thIs Agreement and on the 'Jnderstanding that
Owner will not [',.<luse the physical condition of the property underlying ihe
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.
rh) The property underlying thl" Fasemem, Flnri ill! lIses of the said property,
have been and presently are in compliance with all Federal. Stilte and Loca!
environmental laws' that no hazardous substances have been generated,
stored. treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser that 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,
that the Owner has not received notice and otherwise has no knowledge of.
al any spill on the property undertying the Easement b) any e)(isting or
threatened environmental hen against the property underlying the Easement;
or c) any lawsuit, proceedmg or inveStigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying ~he Easement. This provision shall survive Closing and IS not
deemed satisfied by conveyance of title.
S. Owner shall indemnify, defend. save and hOld harmless the Purchaser agamst and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws. costs and expenses (inclUding witt10ut 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 shail sl.!!IIive Closing and is not
deemed satisfied by conveyanC'.(J Df title
S Purchaser shall pay at! 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, Iren 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, Hen-holder or other
encumbrance-holder for :he protectIon at .'ts security Interest. or as consIderatIOn due
to any diminution in the value of its property fight, shall be the responSibility of the
Owner, and shall be deducted on lhe Ciosing Statement from the compensation
payable to the Owner per Paragraph 2. In accordance With the provisions of Section
Page 4
201.01, Florida Statutes, related to the exemptions against 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 ellery person
having a beneficia' 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
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 Agreerrlent 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 ill writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreerrlent 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 slIch invalidity.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, fhe parties hereto have executed this Agreement on the
date first above written
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Last Revised: 2/19.J09
Page 5
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I
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 throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
(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 i eded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents nrdin the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.) --
Name of Primary Staff Phone Number
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
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
Chairman and Clerk to the Board and ossibl State Officials.)
2. 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 Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC 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 0 deadlines!
6. The document was approved by the BCe ont'? enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Please scan under'l/lLit1.111y.A,~jin the BMR Real Property Fo Ger. Thank you
#l
I: Forms! County Forms! BCC Forms! Ori.gi2~1 D/CU?t9Jts;~~g Slip WWS ori~. ~1..9.03.0:, Re;j,ed 126.05: R;~ised 2.24.05 /6 /../J f ,\ ~ (, h'A ~
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3.
4.
5. Sue Filson, Executive Manager
t (\1\ I T l H t..-"'L '-
6. Minutes and Records
Board of County Commissioners
\-
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Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Agenda Item Number
Number of Original
Documents Attached
t,.... .
1.
3.
4.
Yes
(Initial)
N/A (Not
A licable)
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DATE RECEIVED:
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JOAN M. SMITH-TECM-RIGHT OF W
REQUEST FOR LEGAL SER~~~S - rJ r i I,; 3l,
July?, 2009 /) \[0 [oq . \0
Office of the County Attorney . \ 0 ~ ~ 0 v.- c-J
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DATE:
TO:
FROM:
RE:
Joseph & Laura Belzowski
Collier Blvd. #68056
Parcel #114RDUE
BACKGROUND OF REQUEST:
Attached is the sign~d Ease~ent Agreement, ~Iease approve as to form ~.Dd leg~dfficien
and forward along with the "Pink Sheet" to the third floor. /' . \ O~ ,n
Thanks. / -:r\\~~~~ \ '\
yt';j\wf' 0,6\
y~/\
This item HAS I HAS NOT been previously submitted under RPR #
(CIRCLE ONE)
e-cA2JJ2--
7/ t~ /tJ7
~y
ACTION REQUESTED:
Please review and return. Thanks
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