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Parcel 144DAME PROJECT; RoyalwoodlWhltaker Rd. (LASIP Project No. 51101) PARCEL No.: 144DAME FOLIO No.: 00428200408 DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT THIS DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT (hereinafter referred to as the "Agreemenf') Is made and entered Into on this tl?'f'l.-day of h'ln ;,~.h ,20 iO, by and between SERENITY VILLAS DEVELOPMENT, lTD., a Florida IIm~ed partnership, whose mailing address is , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a politicai subdMsion of the State of Flonda, whose mailing address is 3301 Tamiaml Trail East, Napies, Florida 34112 (hereinafter referred to as "Purchaser). WHEREAS, Purchaser requires a perpetual, non-excluslve Drainage, Accesa and Maintenance Easement over, under, upon and across the lands descMbed in Exhlb~ "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easemenr); and WH EREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. 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 agraed 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 Easement to Purchaser for the sum ot. $16,600.00 subject to the epportlonment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transection hereinafter referred to as the "Closlng'1. Said payment to OWner, payable by County Warrant and to Darin Wade Mellinger PA Real Estate Trust Account, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, Improvements, and llxtures located thereon, and shall be in full snd flnal settlement of any dsmages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate any existing imgation system and other Improvements, and the cost to cut and cap any imgatlon lines extending into the Easement, and to remove any spnnkler valves and related electrical winng, and all other damages In connection with conveyance of said Easement to Purchaser, Including all attorneys' fees in the agreed amount of $1,500.00, expert witness fees and costs as provided for In Chapter 73, Florida Statutes. 3. Pnor to Closing, Owner shall make all reasonable efforts to obtain from the holders of any liens, exceptions andlor qualifications encumbenng the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Flonda. At or pnor to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents end Instruments duiy executed and acknowledged, In recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Perpetual, non-excluslve Drainage, Access and Maintenance Easement; (b) Closing Statement; Page 2 (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatlves to execute and deliver this agreement and all other documents required to consummate this transection, 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 w~hin one hundred end twenty (120) 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 Agreement pending receipt of such Instruments, properly executed, which efther remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. Wrthout derogating from the Purchsser's foreseld unilateral right to extend the terms of this Agreement, If, in the sole discretion of the Purchaser, OWner Is unable to deliver foresald Instruments, Purchaser shall additionally have the unilateral right to terminate this Agreement In writing, In which event this Agreement shall be null and void with neither party having any further claim against the other. At Closing, payment shail 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 Imgation system located on the Easement Including Imgation 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 any imgation syatem on the remainder property and its performanca after relocatlon. Owner holds County harmless for any and all possible damage to the Irrigation system in the event owner fails to relocate the Imgation system prior to construction of the project. If Owner elects to retain any Improvements andlor landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notlflcatlon from Purchaser. All Improvements not removed from the Property pnor to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and Is not deemed satisfled by conveyance of tille. 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 following: 6 (a) 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 Essement shail not be deemed to be full performance and discharge of every agreement and obligation on the part of OWner to be performed pursuant to the 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. (d) Until the date llxed for Closing, so long as this Agreement remains In force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any per>lon or entlty any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, Page 3 encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (I) Owner has no knowledge that there are any suits, actions or arbitratlon, administrative or other proceedings or govemmental 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 related to the Easement which has not been disclosed to Purchaser In writing prior to the effective date of this Agreement. (9) Purchaser is entering Into this Agreement based upon OWner's representations stated In this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing stete 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. (h) The property underlying the Easement, and all uses of the said property, have been and presently are In compliance with all Federal, State and Local envlronmentai 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 ot. a) any spill on the property underlying the Eesement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or Investigation regarding the generatlon, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and Is not deemed satisfled by conveyance of title. 8. OWner shall Indemnify, defend, seve and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, Iiebllltles, laws, costs and expenses (Including without limitation reasonable paralegal and attomey fees and expenses whether In court, ouf 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 shall survive Closing and is not deemed satisfied by conveyance oftltle. g. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement Instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees In connection with the execution and delivery of a Release or Subordination of eny mortgege, lien 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 mey be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its securtty Intarast, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2, but shall not exceed the amount of such compensation after deduction of Ownar's legal costs. The Instrument) of transfer is exempt from documentary stamp taxes as the Easement is being 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 partles hereto and their respective heirs, executors, personal (J W Q: ;',,": ....: 0- ~ ~ U <>o1S 11. uj t-= :.<: Page 4 representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. If the Owner holds the property underlying the Easement In the form of a partn8lShlp, limited partnership, corporation, trust or any form of representative capaclly whatsoever for others, Owner shall make a written public disClosure, according to Chaptar 288, Florida Statutes, under oath, of the name and address of every person having a beneficial Interest in the property undarlylng the Easement before the Easement held in such capsclty 18 conveyed to purchaser. (If the corporation Is registered with the Federal Securtties Exchange Commission or reglstared pursuant to Chapter 517, Florida Slatutas, whose stock 18 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 proparty 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 conetltute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous writtan or oral agreements, undertakings, promises, warranties, or oovenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made In writing and executed snd dated by both Owner and Purchaser. 13. Should any part of this Agreement 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 such Invalidity. 14. This Agreement is governed and construed in accordance with the laws of the Stele of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: D(\nfu.:~b ~ ~ (?' - :10 ICl , ATTES1': : D\IIJIGHt E' BROq~clerk BOARD OF COUNTY COMMISSIONERS COLLIER ~TY, KLORIDA r BY: -j"Lt-4L W. C. FRED W. COYLE, Chair SERENITY VILLAS DEVELOPMENT, LTD., a Florida limited partnership DATED: a Florida \Ai' App~ as to form and ~O Assistant County Attorney LIst. Revised: 2M Q/QSI EXHIBIT A Pa~1 Off -- N W+E SERENITY V1u.AS DEV. LTC OR 3734/aS2 5 I.....--wtsr UNE OY m '/". SlCOON ~ r SECTlON 17, lWP. ~. ROE 25t o '" '''' GRAPHIC SCALE ,.... 100' N. 1 0' or n-l€ SOUTH 4-0 fEET OF' N.W.I/4-. S..30' OF N.W.l/4. - N.W.t/4, N.E.1/4. N.W.t/4. N.E.l/4. Sf:CTlON 17, r- SECTIoN 17 1""GE 52~~' TWP 50S, ' <><;. RGE 26l! PROPOSED r' 0' DAM.E. 566a S.f. -WHrrAKER RO I I e-- I' I I I I s,r, OR l'NP """ O.E. l32Q1 - - - - ------- -----._-~---- -T-" , SQUARE fEET OFFICIAL RECORDS (BOOK/PAGE) TOWNSliIP RANGE DRAINAGE EAsEMENT PROPOSED DRAINAGE ACCESS k WJNTENANct EASEf.,lENT ll:<W. DESCRIPTION 10' PERPETUAL. NOl'M!XCLUSNa DRAlNAGE, ACCESS ANn MAINTENANCE EASEMeNT A PARCEL OF lAND LYING IN SECnoN 17, TOWNSHIP 50 SalmI, RANGE 26 fAST. COWER COUNTY. FL.ORIOA, BEING MORE PARTICUlARLY DESCRIBED AS fOllOWS: THE NORTH 10 FEET OF THE SOUl1i 40 FEe:r OF THE NORTIiWEST QUARTER OF THE NORTHWEST QlWITER or THE NORTHEAST QUARTER OF SAID SECT/ON 17. CONTAINING 6668 SQUAAE FEET. MORE OR LESS. P""'~'NC. f1. .0 AUrnoRlZATlON NO. LB 6952 sy' MICHAEl. 7~u.-AAOfmONAl suiMvriR ANDMAPPER LSlbJOl S>aNlNO ""IE, --5/tf/49 NOl VAllO WITHOUT THE SIGNATURE AND ORlGlNAl.. RA1SfO. SEP.L or A f'lORlOA UctNSED SlJRVe:vOR. PARCEL NO. 144 DAME TECM - ROW MAn 2 2IlO9 II'IJ' '6,:mIII Zfl4 ~ "....1CIQI\..,nClQ,Gll __ RooooII "--"U\ocm 1'IlI;H1_ ~ _ eo.. &AIlI\a.IA AntI ~~ n\_. ... D'~J^ "''''- CONs ,'rING ~;,;::.._. ....'" . ...... .... -.......... 1I10Y11ltwlWlDltlt.~1llCI ~~ ~~~ ~c...m..&."'~..... ~')/3D/~ CLIENT: ~"lnn -~ RY. 0'''',,,, _."'^W. _ 1WIll<<.I'RO.Iet:T 1100s2eENUIllIItR: 1lTtE, COLLIER COUNTY, BaCC WHITAKER ROAD 1 0' DRAINAGE ACCESS & MAINTENANCE EASEMENT i I I SHO:I' II'U 0&ll271LOO.OO INlJI.IBtR: I or t NlIMEItRl 0002-....