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Sprint-Florida (1)TO: FROM: DATE: RE: Memorandum Sue Filson Administrative Assistant Board of County Commissioners J. Keith Gomez Real Property Speci~ili~t II Real Property Management Department October 25, 2000 Golden Gate Community Park / Sprint-Florida Project Attached you will find one (1) Easement Agreement and one (1) Grant of Utility Easement for execution by Chairman James D. Carter, Ph.D., concerning the above- mentioned transaction. Please be advised that the Parks and Recreation Department and Heidi F. Ashton, Assistant County Attorney, have reviewed and approved the attached documents. The Board of County Commissioner of Collier County, Florida approved the conveyance of the Grant of Easement in Resolution No. 2000-350 (a copy is attached for reference). Thank you. Attachments Office of the Real Property Management Department RESOLUTION NO. 2000- 350 RESOLUTION TO CONVEY A GRANT OF UTILITY EASEMENT TO ~PRINT-FLORIDA, INCORPORATED, FOR COMMUNICATION FACILITIES TO BE LOCATED AT GOLDEN GATE COMMUNITY PARK WHEREAS, Sprint-Florida, Incorporated, ("SPRINT") has requested a Grant of Utility Easement from Collier County in order to install, operate and maintain communication facilities and equipment designed to enhance and upgrade SPRINT'S service capabilities for area residents; and WHEREAS, Collier County is desirous of providing SPRINT with a Grant of Utility Easement for the purpose of installing, operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals, or other related structures and fixtures, all to be located within the easement area; and WHEREAS, Collier County finds that the communication facilities and equipment to be installed within the easement area will enable SPRINT to improve service to area residents and that there will be a general public benefit as a result of the conveyance of a Grant of Utility Easement to SPRINT; and WHEREAS, in exchange for said Grant of Utility Easement, SPRINT has agreed to pay Collier County $10,000.00 and to install improvements, approved by Collier County, that will enhance the Easement Area and to pay for all costs of the conveyance of the Grant of Utility Easement; and WHEREAS, Pursuant to Section 125.35, Florida Statutes, legal notices have appeared in the Naples Daily News. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby approve the conveyance of a Grant of Utility Easement to be located on property at the Golden Gate Community Park, as described in Exhibit "A", in exchange for compensation in the amount of $10,000.00 and to install improvements, approved by Collier County, that will enhance the Easement Area and to pay for all costs of the conveyance of the Grant of Utility Easement. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute any and all conveyance documents, once approved by the Parks and Recreation Department and the Office of the County Attorney, which are related to this project in order to convey a Grant of Utility Easement to Sprint-Florida, Incorporated. This Resolution adopted this .,/ff day of ~/~.~ ,2000, after motion, second and majority vote. ATTEST: : ~,~f . D .WIGHT E. BROlgK ~Sn S 'signature Apprpved as to !~g~il. form and s .Ufficiency:.~ Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF .......... . ~'hairman PROJECT: Golden Gate Community Park / Sprint FOLIO: 00296200009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as "Owner"), and SPRINT-FLORIDA, INCORPORATED, a Florida corporation, its successors and assigns, (hereinafter referred to as "Pumhaser"); WHEREAS, Purchaser shall use the perpetual, non-exclusive easement, over, under, upon and across the lands described in Exhibit "A", identified as "Parcel Surveyed", which is attached hereto and made a part of this Agreement; for the purpose of installing, operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals or other related structures and fixtures as their business may require from time to time and provided further, the Owner shall guarantee ingress and egress upon, over and across the lands described in Exhibit "A", identified as "Access Easement" to Purchaser at all times, and the Purchaser shall have the right to open and close fences, and trim or top any trees, bushes or brush along said easement to give a clearance of not less than five feet (5'), and Owner reserves the right to limit the height of structures and improvements to eight feet (8'); and WHEREAS, said Easements described in Exhibit "A", which is attached hereto and made a part of this Agreement, are hereinafter singularly or collectively referred to as "Property"; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to the Purchaser for the sum of $10,000.00, said transaction hereinafter referred to as the "Closing". 2. Purchaser shall be required to construct or install paving and landscaping improvements or modifications to enhance the Property, as approved by the Collier County Parks and Recreation Department. 3. Purchaser shall be responsible for the maintenance of the Property, as well as the maintenance of the Improvements installed or constructed by the Purchaser, within the Easement Area. 4. 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 Owner executes this Agreement; provided; however, that Owner 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 affecting Owner's enjoyment of the Property. 5. Conveyance of the Property by 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 oral agreements, undertakings, promises, warranties, or covenants not contained herein. Easement Agreement Page 2 In the event Purchaser fails to use the easement for the sole purpose of a switching station, Owner shall provide written notice thereof to the Purchaser to vacate, cancel and annul the easement within 14 days, said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid, upon which time Purchaser shall record a Termination of Easement in the Public Records of Collier County, Florida. Purchaser is aware and understands that the "offer" for Grant of Utility Easement represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida and any other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments. 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. 10.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 Agreement on this ~,,~'~, day of (~~ .2000. AS TO OWNER: ,,, ...' ;;; ,!!DATED! ::: ?, :'~, ; A,'ETES~"'i BOARD OF COUNTY COM.,~ISSIONERS : ? ' DWIGH:~ E.: BROCK Clerk COLLIER COU(~~ '¢" 'f ';' '' BY: ~,~-~--PU-RCHAS E R:$ I ~ature on15. DATED: October 13, 2000 Name: Richard W. Bond Wit~e~ fSi,~at~re) Name: (Print'or Type) SPRINT-FLORidA, INCORPORATED a Dire~b,r - Network Rea~tEstafe~, P.OBO-'~70~"-~ '~ d.~'a 121zl'li Fort Myers, FL 33902-0370 Approved as to form and legal sufficiency: Hei(Ji F." Ashton Assistant County Attorney SANTA BARBARA BOULEVARD (~5.70'02' Ol't$'O3"E. 70.00' ~ ,EA~' RIONT-O£-WAY LINE 88.2~' I S. 00'00'59'E. 560.?., 5.01'13'05"E. PROJECT: Golden Gate Community Park / Sprint FOLIO: 00296200009 GRANT OF UTILITY EASEMENT This indenture made and executed this ,,?.~. day of ~~L, 2000, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as GRANTOR, and SPRINT-FLORIDA, INCORPORATED, a Florida corporation, its successors and assigns, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a non-exclusive easement over, under, upon and across that property more particularly described on Exhibit "A," identified as "Parcel Surveyed," (attached hereto and made a part hereof), for the purposes of installing, operating and maintaining such structures and fixtures as vaults, manholes, closures, cabinets, switching equipment, conduit, cables, and related pedestals or other related structures and fixtures as their business may require from time to time, and provided further, that GRANTOR hereby grants to GRANTEE, its successors and assigns, a non-exclusive access easement upon, over and across that property described in Exhibit "A," identified as "Access Easement", and GRANTEE shall have the right to open and close fences, and trim or top any trees, bushes or brush along said easement to give a clearance of not less than five (5) feet, and GRANTOR shall reserve the right to limit the height of structures and improvements to eight feet (8'). TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE shall have the right to construct or install paving and/or landscaping improvements or modifications, as approved by the Collier County Parks and Recreation Department, in an area to be determined by Grantor and Grantee, which will enhance the easement area. GRANTEE, by acceptance of this easement, agrees for itself, its successors and assigns, to maintain said easement and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to installation, construction, maintenance and/or repair of its facilities. In the event GRANTEE, its successors and assigns, fails to use the easement for the sole purpose of a switching station, GRANTOR shall provide written notice thereof to the GRANTEE to vacate, cancel and annul the easement within 14 days of receipt thereof. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid, upon which time GRANTEE shall record a Termination of Easement in the Public Records of Collier County, Florida. GRANTOR, its successors and assigns, shall upon said vacation, have the right to require GRANTEE, its successors and assigns, to remove any structure or improvements which may affect GRANTOR'S use of the property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, arising out of GRANTEE'S installation or use of GRANTEE'S facilities described above, Grant of Utility Easement Page 2 IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year first above written. DWiGHI~.~ BROCK "~'~'/-,/~' ~,~//~ fJ ,'Deputy Clerk BY:JAMES D. \ RTE ,~hairman SANTABARBARABOULEVARD FAST RIGHT-OF-WAY LINE I 70.02' ~.01'13'03'E. 70.00' 68.28' S. 01'13'03'£. S. 00'00'59"E. 560.