Parcel 147DAME1 & DAME2
PROJECT:RoyalwoodlWhitaker Rd (LASIP Project No. 51101)
PARCEUFOLlO NUMBER:
14 7DAME 1/00427040009
147DAME2/00426800004
DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS AND MAINTENANCE EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this /.,). day of
ma~ ' 20..1Q, by and between CRE PROPERTIES, INC., a Florida
corpora ion, whose mailing address is 7815 NW 148th Street, Miami, Florida 33016,
(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 "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive Drainage, Access and
Maintenance Easement over, under, upon and across the lands described in Exhibit "A",
which is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, 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 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 Easement to Purchaser for the sum of:
$30,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant to CRE Properties, Inc., a Florida
corporation, shall be full compensation for the Easement conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be
in full and final settlement of any damages resulting to Owner's remaining lands,
costs to cure, including but not limited to the cost to relocate any existing irrigation
system and other improvements, and the cost to cut and cap any irrigation lines
extending into the Easement, and to remove all sprinkler valves and related electrical
wiring, and all other damages in connection with conveyance of said Easement to
Purchaser, including all attorneys' fees expert witness fees and costs as provided for
in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering 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, Florida. At or prior 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 and instruments duly executed and acknowledged, in
Page 2
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
(a) Perpetual, non-exclusive Drainage, Access and Maintenance Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Public Disclosure Act Disclosure Affidavit; and
(f) Such evidence of authority and capacity of Owner and its representatives 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 one hundred and 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 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 any 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 any improvements and/or landscaping ("Improvements")
located on the Easement, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser. All
Improvements not removed from the Property prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive 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 following:
(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 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 the provisions of this Agreement.
Page 3
(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 fixed 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 person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
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.
(f) To the best of Owner's knowledge, there are no 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 related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) 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 state on the effective date of this
Agreement, other than as provided herein, 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, other than as provided herein.
(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
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, to the best of Owner's
knowledge, there are no spills or environmental law violations on the
property contiguous to or in the vicinity of the Easement to be sold to the
Purchaser, that, other than provided herein, the Owner has not received
notice and otherwise has no knowledge of: a) any spill on the property
underlying the Easement; b) any existing or threatened environmental lien
against the property underlying the Easement; or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or transfer
of hazardous substances on the property underlying the Easement. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without 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 shall survive Closing and is not
deemed satisfied by conveyance of title.
9. 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 any mortgage, lien or other
encumbrance recorded against the property underlying the Easement; provided,
Page 4
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, 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.
10.ln accordance with the provisions of Section 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. Furthermore, there
shall be deducted from the proceeds of sale all prior year ad valorem taxes and
assessments levied against the parent tract property which remain unpaid as of the
date of Closing.
11. 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.
12. 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 every person
having a beneficial 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.)
13. 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 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. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner, its successors
and assignees, and Purchaser.
14. 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.
15. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED: May 12, 2010
ATTEST:
DWIGHT E. BROC~, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
De,
.. .. ..t ,
..... _.~,., .,'
BY: ~W. ~
Fred W. Coyle, Chairman
AS TO OWNER:
DATED: MAY 12, 2010
CRE PROPERTIES, INC.,
a Florida corporation
~~ t:'-~~~~
Witness (Signature)
BY: Lplt1?n-~cG.- ~.l-€jJ
Printed Name: ~Ot~ ea. {f;j L.L-
Printed Title: If!. t'1-e$, e-/} T
(\U.Ml~ M. t-\<y~....?i
Name (Print or Type)
~ <-:.
Witness (Signature)
~t".~"" 'iJ..r\"'>
Name (Print or Type)
Approved as to form and
legal sufficiency:
~~TI~
Sf..NN~Ff,Il. ~. w.u ~\$
Assistant County Attorney
r:\bank united\bank united - royalwood whitaker easement\docs\drainage, access, and maintenance easement agreement v5 (w_
paragraph 12).doc
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WHITAKER PINES, LLC
OR 4251/3926.
o 50 '00
I I
GRAPHIC SCALE
,"= 100'
N.10' OF THE SOUTH 40 FEET OF
N.E. 1/4.
N.W.1/4, N.E.l/4,
SECTION 17,
TWP 50S.
RGE 26E
5.30' OF N.E.1/4.
N.W.l/4. N.E.l/4.
SECTION 17.
TWP 50S,
RGE 26E
PROPOSED
10' D.A.M.E.
6668 S.F.
---
l
J
rWHITAKER RD
~
S.F.
OR
TWP
RGE
D.E.
~;J
SQUARE FEET
OFFICIAL RECORDS (BOOK/PAGE)
TOWNSHIP
RANGE
DRAINAGE EASEMENT
PROPOSED DRAINAGE ACCESS &
MAINTENANCE EASEMENT
EXHIBIT A
PIDI-L.. of..L
LEGAL DESCRIPTION ,
10' PERPETUAL. NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
A PARCEL OF LAND LYING IN SECTION 17. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF. SAID SECTION 17. ;' :i\
CONTAINING 6668 SQUARE FEET. MORE OR LESS.
NO. LB 6952
PARCEL NO. 147 DAME1
BY:
MICHAEL A. WARD, PROFESSIONAL SURVEYOR AND MAPPER LS#5301
SIGNING DATE: -fia!.R!L_____ .
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR.
----------------------
TEeM - ROW
MAY 2 2 2009
May 15. 2009 2:25 PM S:\200!!\OB0276 00.00 Wh;loker Rood Improvemenfs\0002 Project "'ehrork Conlrol And Bose Mop\5kelch And Descriplions\Revision 11\00027600005KJ.dw9
D'lTA rnc't:tion
CONSUL TING Civil:&gineerin,
.&. ,-, '..L .A. Surveying & ~
6610 Willow P8IlI Drive, Sulto 200
Naples. Florfda34109
Phone: (239) 597-ll575
. FAX: (239) 597.0578
Flodda Cer1Jficale of AU!hodzaUon IIItHi952
OA1[:
3/30/09
SCAlE;
1. 100'
DRAWN BY:
KY.
CHECKED BY,
MAW.
SEC: lWP: ReE: PROJECT
17 50S 26E NUMBER:
CUENT:
TITLE:
COLLIER COUNTY, BOCC
WHITAKER ROAD
10' DRAINAGE ACCESS & MAINTENANOE EASEMENT
080276.00.00
SHEET
NUMBER: 1 OF 1
FILE
NUMBER:
0002-SK::l
N
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o
50
100
,
GRAPHIC SCALE
1"- 100'
WHITAKER PINES, LLC
OR 4251/3928
N.l0'
OF THE SOUTH 40 FEET OF
N.W.l/4,
N.E.l/4, N.E.1/4,
SECTION 17,
TWP 50S,
RGE 26E
S..30' OF N.W. 1 /4,
N.E.1/4, N.E.1/4,
r- SECTION 1 7,
TWP 50S,
RGE 26E
PROPOSED
.-10' DAM.E.
6668 S.F.
co-
~
- -
t
- -
-"
S.F.
OR
TWP
RGE
D.E.
SQUARE FEET
OFFICIAL RECORDS (BOOK/PAGE)
TOWNSHIP
RANGE
DRAINAGE EASEMENT
PROPOSED DRAINAGE ACCESS &
MAINTENANCE EASEMENT
EXHIBIT 4
~;1. da
lX)Vj
LEGAl DESCRIPTION
10' PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAIf\JTEN"ANCE EASEMENT'_o,
A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 5D SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 17.
CONTAINING 6668 SQUARE FEET, MORE OR LESS.
PR~~tE~[BJlr:AA.rF I~C.
FLOiM;YVC? -F AUTHORIZATION NO. LB 6952
BY: ________________________________________________
MICHAEL A. WARD, PROFESSIONAL SURVEYOR AND MAPPER LS#530 1
SIGNING DATE: -.5lLq/1J_______
PARCEL NO. 147 DAME2
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR.
TEeM - ROW
MAY 2 2 2009
May 15. 2009 2;JJ PM 5:\2008\08D276.00.00 Whitaker Rood Improvemenl.\0002 Project Network Control And Bo.. Mop\5ketch And O..cripfions\Revision !1\00027600005K4.<lwg
D'lT^INC~~on
CONSULTING Civil~
...... "" '-,.a. Surveying & Mapping
6610 Willow Park crive, SL.tte 2QQ
Naples, Florida 341 09
Phone: (239) 59Hl575
FAX: (239) 597-0578
Florida Centficale of Authortzallon # lIHi952
DATE:
3/.30/09
SCAlE:
1" 100'
CLIENT:
R.Y.
TITLE:
COLLIER COUNTY, BOCC
WHITAKER ROAD
10' DRAINAGE ACCESS & MAINTENANCE EASEMENT
DRAWN BY:
CHECKED BY;
MAW.
SEC: TWP: RCE: PROJECT
17 50S 26E NUMBER:
080276.00.00
I SHEET
NUMBER: 1
I FILE
OF 1 NUMBER:
0002-SK4