First Choice Storage Utility Easement AgreementCollier County Water -Sewer District Project: Fence to Fence Group I: Pump Station ,312.21
Parcel folio number: 76885050652
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into by and between FIRST CHOICE STORAGE L.C., a Florida limited
liability company a /k/a First Choice Storage, LLC, (hereinafter referred to as "Owner "), whose
mailing address is 7287 Sawmill Road, #150, Dublin, Ohio 43016, and 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 (hereinafter referred to as "CCWSD "), whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to CCWSD a perpetual non-
exclusive Utility Easement over, 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
Area ") for the stated purpose of the construction, maintenance and operation of utility facilities
within the Utility Easement Area on the terms and conditions set forth herein;
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 convey the Easement Area to CCWSD via a Utility Easement for the sum of
Seven Thousand One Hundred Fifty and no /100 Dollars ($7,150.00), U.S. currency by County
Warrant or wire transfer (said transaction hereinafter referred to as the "Closing ").
2. This Agreement shall be null and void, and of no further force or effect, unless Closing
shall occur within sixty (60) days from the date the CCWSD executes this Agreement; provided,
however, that CCWSD shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove, release or
subordinate any and all such liens encumbrances or qualifications from the Easement Area
upon their recording in the public records of Collier County, Florida. Owner shall provide such
instruments to the CCWSD on or before the date of Closing.
3. CCWSD shall restore and replant the surface of the utility easement area at the
completion of construction. Following installation, Owner shall be responsible for maintenance
of the landscaping, and CCWSD shall be responsible for all repairs, maintenance, and related
costs for its above - ground and in- ground infrastructure within the utility easement area. This
provision shall survive Closing and is not deemed satisfied by the conveyance of the Utility
Easement.
4. Owner is aware of and understands that this Agreement is subject to acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the property underlying the Easement Area and all uses of the
Easement Area have been and presently are in compliance with all Federal, State and Local
environmental laws; that to the best of the Owner's knowledge, no hazardous substances have
been generated, stored, treated or transferred on the underlying property except as specifically
disclosed to CCWSD; that the Owner, to the best of their knowledge, has no actual knowledge
of any spill or environmental law violation on any property contiguous to or in the vicinity of the
Easement Area to be conveyed to CCWSD; that the Owner has not received notice and
otherwise has no actual knowledge of a) any spill on the underlying 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
underlying property. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless CCWSD against and from, and to
reimburse CCWSD 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 CCWSD by reason or arising out of the breach
of Owner's representation under Section 6. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
7. If the Owner holds the property underlying the Utility 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
Ill
the property underlying the Utility Easement before the Utility Easement held in such capacity is
conveyed to CCWSD, 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 hereby exempt from the provisions of
Chapter 286, Florida Statutes).
8. CCWSD shall pay for all costs of recording the Utility Easement in the Public Records of
Collier County, Florida. All other costs associated with this transaction shall be borne and paid
by CCWSD. Each party shall be responsible for its own attorney fees.
9 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 assignees whenever the context so requires or admits.
10. Conveyance of the Easement Area by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; 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.
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 Temporary Construction
Easement & Access Easement Agreement as of the dates set forth below.
AS TO CCWSD:
DATED: /ate
ATTEST:
DWIGHT E. BROCK, Clerk
ty Clerk
went
AS TO OWNER:
DATED: /d- / / -4-;;1-
G
Witn s (Si at r)
Name:
(Print or --pe)
�CR VV" tCCA,D�-L[0l%y
Witness (Signature)
Name: Z'ud 1� � py- iro
(Print or Type)
BOARD OF COUNTY COM111flS51ONEARS,.
OF COLLIER COUNTY, FLORIDA, AS'
THE GOVERNING BODN ,OF COLLIER
COUNTY AND AS EX -Q- FICIO THE
GOVERNING BOARD OF-THE CO LIER _
COUNTY WATER -SEWff DISTRI T
0
Fred W. Coyle,
i
FIRST CHOICE STORAGE, L.C., a Florida
limited liability company a /k/a First
Choice Storage, LLC
Y:
Luis G. Weil, Managing Member
[2]
pprov d as to f9aR and legal sufficiency
�� �`t
poln, Assi ant County Attorney
NOTES:
1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS -OF -WAY, OWt ►� >f1TI0r1S OR SETBACKS.
2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. A
1 THIS SKETCH IS NOT A BOUNDARY SURVEY.
4. SEE ATTACHED.FOR LEGAL DESCRIPTION.
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— — �<L3.00' 10' UTILITY EASEMENT (PER PLAT) S.89'56'16 "W. 225.01' /
UTILITY EASEMENT
O.R. BOOK 1552 PAGE 2243 S-
I
16 "W.
RADIUS = 25.00'
DELTA = 90'00'00"
ARC = 39.27'
CHORD= 35.36'
N.45'03'44 "W.
POINT OF COMMENCEMENT
SE CORNER OF TRACT 13
TOLLHOUSE DRIVE
TRACT B -II
TOLLGATE COMMERCIAL
CENTER PHASE TWO
P.B. 18, PG. 23 & 24
THIS IS A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION (SEE ATTACHED) OF A PROPOSED
UTILITY EASEMENT BEING LOCATED ON A PORTION OF TRACT 13, TOLLGATE COMMERCIAL
CENTER PHASE TWO, PLAT BOOK 18, PAGES 23 AND 24, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
l
PREPARED BY:
ELtZABE F. GAINES, PSM FL LICENSE N0. 4576
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE ABOVE NAMED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER.
E.F. Gaines Surveying Services, Inc. CLIENT: TETRATECH, INC. REVISIONS /DATE:
DATE OF FIELD WORK: 8/12/11 ADD T.C.E. 10/07/11
5235 Ramsey Way, Spite 10 DATE OF DRAWING: 9/16/11 REMOVE T.C.E. 04/19/12
Fort Myers, Florida 33907 SCALE: I"=40'
Phone: 239 - 418-0126 Fax: 239 - 418-0127 DRAWING FILE: 0443 -001 SHEET 1 OF 1
EXHIBIT-A,
A UTILITY EASEMENT LOCATED ON
TRACT 13, TOLLGATE COMMERCIAL CENTER PHASE TWO
(PLAT BOOK 18, PAGES 23 AND 24), COLLIER COUNTY, FLORIDA
All that part of Tract 13, Tollgate Commercial Center Phase Two according to the plat thereof as recorded in Plat
Book 18, pages 23 and 24, Public Records of Collier County, Florida being more particularly described as
follows:
COMMENCING at the southeast corner of Tract 13, Tollgate Commercial Center Phase Two according to the
plat thereof as recorded in Plat Book 18, pages 23 and 24, Public Records of Collier County, Florida;
thence along the south line of said Tract 13, S.89 °56' 16 "W. for 225.01 feet to the POINT OF BEGINNING of the
parcel herein described;
thence continue along the boundary of said Tract 13 in the following three (3) described courses:
1.) continue S.89 °56' 16 "W. for 13.00 feet;
2.) westerly, northwesterly and northerly 39.27 feet along the arc of a circular curve concave to the northeast
having a radius of 25.00 feet, through a central angle of 90 °00'00" and being subtended by a chord which
bears N.45 °03'44 "W. for 35.36 feet;
3.) N.00 °03'44 "W. for 25.00 feet to a line which lies 50 feet northerly of and parallel with (as measured at
right angles to) the south line of said Tract 13;
thence along said parallel line N.89 °56' 16 "E. for 38.00 feet to a line which lies 38 feet easterly of and parallel
with (as measured at right angles to) the west line of said Tract 13;
thence along said parallel line S.00 °03'44 "E. for 50.00 feet to the POINT OF BEGINNING of the Parcel herein
described;
Bearing are based on the centerline of Tollgate Boulevard being N.00 °03'44 "W.;
Parcel contains 1766 square feet more or less;
Subject to easements, restrictions and reservations of record;
Prepared by:
E.F. Gaines Surveying Services, Inc.
Elizab . F. Uames, FPM Date
Florida License N. 4576
Sketch: EFG Drawing No. 0443 -001
M: \EFG Survey Projects \0443 Collier Co Pump Station Easements LS 312. 21,312.25 \deliverables \0443 -001 -1 LS 312.21 Util Esmt
Description.docx
ER Gaines Surveying Services, Inc. 5235 Ramsey Way, Suite 10 - Foil Myers, Florida 33907
P: 239 - 418 -0126 F: 239 - 418 -0127 - www.EFGaines.com