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Folio #00431440006 UAE Agreement Project: Sabal Bay Force Main Folio No.: 00431440006 UTILITY AND ACCESS EASEMENT AGREEMENT THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER LAND DEVELOPMENT, INC, a Florida corporation whose mailing address is 2550 Goodlette Road N., #100, Naples, Florida 34103 (hereinafter referred to as "Owner"), 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 the CCWSD a perpetual non-exclusive Utility and Access 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") to the CCWSD for the stated purpose of'constructing, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated purposes 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 is 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 and Access Easement, in the form attached hereto (Attachment "1"), for the sum of Ten Thousand Two Hundred Eight and no 00/100 Dollars ($10,208.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing"). 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of sucn instruments which will remove, release or subordinate such encumbrances from the property underlying the Easement Area upon their recording in the Public Records of Collier County, Florida. Owner shall provide such instruments, properly executed, to the CCWSD on or before the date of Closing. 3. CCWSD shall repair or replace at their cost any existing or future above ground/below ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to existing conditions or better due to the repair and/or replacement of the CCWSD owned and maintained wastewater force main. Additionally, the Owner, its successors and assigns, may utilize the Easement Area for access, and is allowed to construct site improvements, including, and not limited to access roads, walls, signage structures, utilities, landscaping, within the Easement Area. 4. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided, however, that CCWSD shall have the unilateral right to extend the term of this Agreement for a period not to exceed sixty (60) days. 5. Owner is aware and understands that the "offer" represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that to the Owner's knowledge, 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 no hazardous substances have been generated, stored, treated or transferred on the Easement Area except as specifically disclosed to CCWSD; that the Owner hart no 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 knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien against the Easement Area or c`- any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. CCWSD shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. The cost of a title commitment snail be paid by CCWSD. S 8. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and to reimburse the 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 the 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. 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/or 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 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. 11. If the Owner holds the property underlying the Easement Area 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 Area before the Easement Area 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.) 12. 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 as of the dates hereinafter stated. p Date Property acquisition approved by BCC: 1 1�Y t a� X01 y AS TO CCWSD: II DATED Vl 4 Z7. 2l I ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY `; ER- ER DISTRICT 14 I' ..!_ B : / (tut-.st as 41114y;:- .lerk om Henni g, Ch man signature only. AS TO OWNER DATED: ( 'A,riLmc , aDI4 COLLIER LAND DEVELOPMENT, INC., a Flori a orpo ation ()A I ' �rr �� e By: 2- glit Witness (Signature) '1 Name: c= 'c'cQ -,e.-Ii Print Name: � �-►ck. L. -e-r (Print or Type) \ r Title: itness (Signature) Approved as to form and legality Name: t-■ ►roA nn. .r41fir(1.IA (Print or Type) Assistan ounty CA Z Z / • U Z U eq • 0 N �of ?aO ..CV L * Z_N I I- W , '� C EN A MENT 5 * W ix( 4 N 0 ow a0 m ORAI43$5, pApGE 367 0 ZwooN _ w < 8 Z 0~JII m \W\ §� o~CV J 1I J w re y D Z Z W / N Q O I 0 o Q w c mf ii 1-- 4110 L` V1ZZz pi LO w U W U W d'Q 0 o N • oodZ W aw_� U m ° - V) ce=W0ao NOw� II w I Z N rn O / J 1-U`^w 10 w FZa w0 a0 w I O • rj •N ¢ 2I-L-=, - x N Vl Q a 11 Z z w. J CO 0 Q W I J°J y N ~ww- w� wzaZ� Q N Y,-°V° m z0. I w>w �c�>— O raG 1- wNa - o WnzwUZZOm3¢oQ0 r7 U Q W W J o O J oQ ° Z inNg?C�rwtLw I wL- J J z 01-0 mOawoomoo1w� C7 6) O) o-z n Ce J t r m z Z in r') c!) 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JO 1aVd I I W 0 , ce ZF 30Vd '917 NO08 rdld I I r a 33aH1 3SVHd I I • I 0- = 0 m 00 !b'ld 1VI3 ]1NW00 AV8 WEN'S 03. 000 Q >< 0 Iy Y 0 N T U J w U J N rw l0dal i�1 "' ; <IX U-CO e EXHIBIT A Pe"__.a-_of=� Stantec Legal Description of part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (15' Wide C.U.E. (Collier Utility Easement)) Commencing at the Easterlymost Corner of Tract"H" according to the plat of Sabal Bay Commercial Plat- Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of Collier County, Florida and also being a point of the southwesterly Right of Way of State Road No. 90 (US 41). Thence along said Right of Way South 39°03'59" East 567.81 feet to the Point of Beginning: Thence along continue along said Right of Way South 39°03'59" East 180.89 feet to a point on a Drainage Easement as recorded in Official Records Book 4385, Page 3675 of the Public Records of Collier County, Florida; Thence leaving said Right of Way and along said Drainage Easement South 41°05'31" West 15.23 feet; Thence leaving said easement and along a line 15 feet south and parallel with said Right of Way, North 39°03'59"West 183.49 feet; Tract"H"; Thence North 50°56'01" East 15.01 feet to the POINT OF BEGINNING. Containing 2,734 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida State Plane- East Zone 83-90 Adjustment. Stantec Consulting Services Inc Registered Engineers and Land Surveyors Certificate of Authorization #LB-7866 ( 74-/ By: 1/24/14 Lance T Miller, Professional Surveyor and Mapper#LS5627 Date Not Valid unless embossed with the Professional's Seal REF: 2D-122/CUE sheet 2 Cq 11,1 II Al o t_ Fog, gEcoe.DiA) PROJECT: Sabal Bay Force Main Project FOLIO No.: 00431400004&00431440006 UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT, made and entered into this _ day of 2014, by COLLIER LAND DEVELOPMENT, INC., a Florida corporation, whose mailing address is 2550 Goodlette Road, N., #100, Naples, Florida 34103, (hereinafter referred to as "Grantor"), to 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, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to as"Grantee"). (Wherever used herein the terms"Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESS ET H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for wastewater utility facilities and access purposes, over, under, upon, and across the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT"A", which is incorporated herein by reference Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to wastewater lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining wastewater utility facilities thereon. The easement granted herein is subject to the terms and conditions of the Utility and Access Easement Agreement of even date between Grantor and Grantee which are incorporated in full herein by this reference and shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. COLLIER LAND DEVELOPMENT, INC., a Florida corporation, x!