Loading...
Backup Documents 09/22/2015 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL ' 6A 3 , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office 9.1ago-- 3. BCC Office Board of County � � 1\7-2.\\SCommissioners 4. Minutes and Records Clerk of Court's Office NVU rte, is 5. Executed COPY only returned to: Deborah Farris/GMD-ROW �"C PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deborah Farris / Phone Number X5861 Contact/ Department Agenda Date Item was September 22,2015 Agenda Item Number 16A 3 Approved by the BCC Type of Document Easement Agreement&Temporary Bridge Number of Original Two(one original of Attached Construction Easement Agreement Documents Attached each agreement) PO number or account DN record in the Clerk's"official records" number if document is for r/e conveyances to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? gR .011r. en? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the.fmal negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. n/a Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/22/2015(enter date)and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A 11! PROJECT: 66066—White Blvd and Cypress Canal Bridge PARCEL No(s): 119TCE FOLIO No(s): Portion of 37980080003 TEMPORARY BRIDGE CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY BRIDGE CONSTRUCTION EASEMENT AGREEMENT (hereinaft referred to as the "Agreement") ") is made and entered into on this 5 day of , 2015, by and between CAROL C. HOPCRAFT, whose mailing addres is PO Box 521', Walloon Lake, MI 49796, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112. WHEREAS, County requires a Temporary 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") for the purpose of constructing a temporary bridge over the Cypress Canal during the period of time that the existing bridge on White Boulevard over the Cypress Canal is being replaced; and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein, and is fully aware and acknowledges that any and all vegetation and / or improvements that are presently located within the Easement area will be removed and disposed by County and / or County's bridge contractor and will not be replaced either on Owner's remainder property nor in the Easement area once the temporary bridge is removed; and WHEREAS, County 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. RECITALS - 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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $1,600.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 7 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including (if applicable) 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 (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap 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 County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. CLOSING DOCUMENTS AND CLEAR TITLE - 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 0 119TCE Agreement Page 2 subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County(hereinafter referred to as"Closing Documents"): (a)Temporary Bridge Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and"Gap"Affidavit; (e)W-9 Form; 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 County, County's counsel and/or title company. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as"Net Cash to the Seller." 4. MISCELLANEOUS REQUIREMENTS-Owner and County 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. 5. REPRESENTATIONS AND WARRANTIES - 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) County'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. (c) No party or person other than County 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 County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. 119TCE Agreement Page 3 A i 7 r n; (e)There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any 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 County in writing prior to the effective date of this Agreement. (g) County 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 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 County. (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 County; 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 County, that 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. 6. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County 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 County by reason or arising out of the breach of any of Owner's representations under Paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all easement instrument recording fees. In addition, County 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, 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. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further rt A 119TCE Agreement Page 4 J , tad pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 8. EASEMENT TERM AND PURPOSE - Owner agrees to grant the Easement to County for the purpose of allowing County and its contractor(s) to construct a temporary bridge over the Cypress Canal during the period of time required to replace the existing bridge on White Boulevard over the Cypress Canal, to remove the temporary bridge once the new bridge construction over the Cypress Canal is complete, and to construct new residential driveway aprons so that the subject properties will transition from their current elevation to the elevation of the new pavement immediately adjacent thereto. Owner acknowledges and specifically permits Florida Power and Light Company to temporarily relocate its poles and wires to the northerly five (5) feet of the Easement area as part of County's bridge replacement project, with the understanding that said poles and wires will be removed from the Easement area as part of the removal of County's temporary bridge. The rights granted under the provisions of this Agreement include the right to trim tree branches at the easement line as high above ground as is necessary to prevent conflict with the electrical wiring. The term of the Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of the temporary bridge, and shall automatically terminate 1,095 days therefrom. 9. EFFECTIVE DATE - 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. PUBLIC DISCLOSURE - 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, subject to the penalties prescribed for perjury, 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 County, 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.) 11. ENTIRE AGREEMENT-Conveyance of the Easement by Owner, or any interest in the property underlying the Easement, 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 and County. 12. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach, If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. ii -4 ,,, t4 ,,, 119TCE Agreement Page 5 13. SEVERABILITY- 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. VENUE - 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 the date first above written. AS TO COUNTY: DATE[ :,Aei ber 22, 201 5 ATTEST,; ' B•A' • • COUNTY COMMISSIONERS q 9 WIGHTE. BROOK,Clerk C i ERel1 , FLORIDA -, BY. est as to Chair s -.- leaTIM NANCE, Chairman signature only. AS TO OWNER:77/.5:(1S- -------e2/4--- DATED: �( � WitnesSigna ture) CAROL C. HOPC FT me( r•ii}t-ar)Type) WU.. tness(Signature) Rik-- [SER& . ) Name(Print or Type) Approved as to form and legality: Assistant C..my Attorney Last Revised5/28/2015 , -.::, 1 6 A ) e, I11 I I1 r r• r- r j I 1 I Ut A W N 1 0 03 O O O r o CO O Q O Z I ` 1 W CONm 1 NS I wrco . - s s s CO COrI I o in O N J Ut 1 �p W p 0000 I• 0 1 om I m - m 0 , 1 1 m 1 w0 I 11 ! o J / � 1" m 1 I CO o� �c7 I -i 4 til o= -iN LI 1 � o v _I 4 •L2\ C n N I \ , .--4-3-1 II ; I N 0 o. V g 0 03 CM Z 2 (2,4 C 4\ Ooh xiD an' 0 3 C !'I o \n cO o= D y '� m `° v o \rn\ m o� m \" 0 R1 � D co ox m 3. "� D o \ p (4> > o. —4cnz li 1 Muni■= g ■nnn■ •n t ■■Mili -_`,, �itr.. \ JL5 al141 i c 8 z I \,\.\ L3GI 4N .\\'‘.:---- .---- 1 12.op301 el �Ia>z�8 ' - (,)-13 f ola I coI Lull . it,/so 0 � P g 0 CO1. r P r; a Z JC aa o c i.4 C� I D •P I I 0 _ 1 0 A r:12 1O7g(1. ci g a g' I N ZO ig°,O IOn o �ro?ai N tip. 0 I?` �a y. oI?� t 1 i Page L 0f. 16A3 00 CO OSZZ ?ir�1Z O�1 tD-O ' O�D,,:''D11 Z L-4-4 ZZZAZZZ - Z.Z m ZZZ; 31nnO'*i 0 m N,- 02 pi-,00,0,0m00*l -p{iOrO1OZ D�OC7'0 D� 00 m��n�°SEAD 0rriZzm m>m0 WAnOM I. i ' m )m„A ZS ty �xmiz r"-z0> 00--t m Zj:--1-7- m zg 0uB mm. S0iw> zo>mm A TN 0 �c WD ominr, otom 0,Dz ogN,Z,o y Det � ._____-!-,,,:r 'a �� D r*' m-iO-iP-ix-i -a-gym Om yD G2 u Z_ Z D m X ADC-J40 r m-im D Om rzin �9 mrD2,mmm• -< a nnim A ,Zy .. cOODO-<Q` Or.. 0C• �n r Orn M o N 12. _,D -zi G"�O DO ZO D 0 DZOC)Z 0 V7 V Z m y il r 2O SDjrn'1DmD z2 Z A-4m 0 -1 D I). mOp DO¢OOQ im pr3,17o J� xi n COC '_< 0 Or" Z(DDOO_YD Om >z m A n )L-7A n� Orm;imrm � �O nj OR4a>O O Z N • m m-4_1{r-m� o#. r-*mx, 0 z A C O pN -< D O i." mDD>r Z m ' �m�n � - s' D I 0002 0 n � O C N'CA mD Am A;• 0) m AA-I � O� Qp > A'-11> mmOn D • OnnH0 NDm -+°zmm i ZS Z , n D n �Zmm N mO z 1 m rZ o A S. C Qp VmQ ii;op N O N 0 4 Doo 74I+. la p $ Zo a c vmm o � nD 1 m OO -,e A o � n m qz. m mxi 9 O m T 0 O n m OD OZ1 z D > Z zm 0 0 Z P V P N A (i1 N �, P o gn). _D. A ;o o 0 0 rrrrrrrr _ i 'unrr ° `" m �4_ CD A p m t II COMIWI r x c Z 9 / 4 n n n • 00Q o D a0 e iii E OD Or m�z op Z 0_ 4 QVI Q E'[�W1`''7 z "/ Oob i{((O�� C7 V �T -_+ oZ -' a ° ��., 0 p r�i m M 4/1 q cA q m f� A O D gR Ox << .L n;0 AD ). , n z Z ^ � G1 Q• �8 b� a. n Z D (J�0>)- .0,9 D D A Z m M Jxd o z DNN D 0 Z 2 1IHII m>zt4 t" H n m?m n m ; n o 0 C4C 2 IS D o N0Z h O ;$!Ill . .xx r , ql rn�pP7f y -� Z �oZ Ill ill � s2o� OnO v nS „omD >kr O iNR iv � C N QaR '0 I� � C� g> 4.IU m r. �.. 1 o v.."5, Q n 7 1 o m z O °• t`Aa w' m 51,0 i= d I'�'°. 6 a' EXH I IT t ! Qt Page 1643 PROJECT: 66066—White Blvd. and Cypress Canal Bridge PARCEL No(s): 119RDUE/119DE FOLIO No(s): Portion of 37980080003 EASEMENT AGREEMENT THIS EASEMENT AGREEW.,,,JT (hereina referred to as the "Agreement") is made and entered into on this //A day of 2015, by and between CAROL C. HOPCRAFT, whose mailing address is P Box 521,Walloon Lake, MI 49796 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"County"). WHEREAS, County requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility 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"119RDUE"); and WHEREAS, County requires a perpetual, non-exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "B", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "119DE") (119RDUE and 119DE hereinafter collectively referred to as the"Easements"). WHEREAS, Owner desires to convey the Easements to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easements. 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. RECITALS -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. PURCHASE PRICE-Owner shall convey the Easements to County for the aggregate sum of: $7,500* (*Parcel 119RDUE-$6,650; Parcel 119DE-$350;attorney fees-$500 for document review) 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 Warranty or funds wire transfer, shall be full compensation for the Easements conveyed, including (if applicable) 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 the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easements, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easements, the execution 1 6 A Easement Agreement Page 2 of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. Prior to Closing and'as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-way, Drainage and Utility Easement(119RDUE); (b) Drainage Easement(119DE); (c) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easements; (d) Closing Statement; (e)Grantor's Non-Foreign, Taxpayer Identification and"Gap"Affidavit; (f) W-9 Form; and (g) 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 County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty(30)days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as"Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) 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 improvements and/or landscaping ("Improvements") located on the Easements (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement areas, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easements 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. MISCELLANEOUS REQUIREMENTS - Owner and County 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. 9 Easement Agreement 1 A3 Page 3 7. REPRESENTATIONS AND WARRANTIES -Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, 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) County's acceptance of the Easements 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. (c) No party or person other than County has any right or option to acquire the Easements 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 Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e)There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easements or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easements which has not been disclosed to County in writing prior to the effective date of this Agreement. (g)County 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 Easements to change from its existing state 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 Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h)The property underlying the Easements, 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 Easements except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easements to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all Easement Agreement Page 4 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 County 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. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders 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 Easements; provided, 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. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easements are acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES-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. EFFECTIVE DATE - 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. PUBLIC DISCLOSURE-If the Owner holds the property underlying the Easements 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easements before the Easements held in such capacity are conveyed to County. (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. ENTIRE AGREEMENT - Conveyance of the Easements, or any interest in the property underlying the Easements, 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 and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek CA Easement Agreement Page 5 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. J. i,,,, 3 1 15. SEVERABILITY- 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. 16. VENUE - 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 the date first above written. AS TO COUNTY: DATED: Sept-PmbPr 72, 2015 ATTEST:. -,,, BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROM ClerkUN , FLORIDA ii-)Alt, il........' h.....-.6. By/ --..4"ra4fe.e._. genu *in- TIM NANCE, Chairman A est as to Chairman s ir+nature only. AS TO OWNER:yy DATED: 4� / / 4-eli'f- V-',A,e‘LL go __. Witness(Signature)igCAROL C. HOP FT -lef- V'NI i 11 Name(P ' or Type) 4L C.,tness(SignattUt441) Name(Print or Type) Approved as to form and legality: Assistant Coua-ti0.)-74-4210__40,-+" Attorney Last Revised 06/23/15 i' It I �' 1 1 I ' — a i C t` I 1 k v v v O O O Z I II 4 coNOND coNf1 7 ` CO I V> A D co R7 r-W i I 0(n W m < O< , u, O Cj I 00 D Q O O Q 0 I ON Izr0 I 0 D ---1 0 mD m r � m ' Ic (J(, m I0mc� Io•`- zz-4 I --11 j! .0 N3 �N Li l !'l� �� N, Al2 ' ` Z-4 -71_ —1o j 41 I I 03IS L ii, I a► r"\._,7`c.,) ,„ (....,,,.„. _ .o� wo 0 Li �— c 'D Z 'cD (nOm 0o 2 f" W .*`OC,0 0co•0A Z C= r TI ITI‘0 0 MA > (*1 g m k 0 0 o m g g _, �o ` om n O m ` y...-( a o cn m o z 17 ORM MMMMM 1 iiii 1 6 A 13 -,,,,, gg -(3V;VAV .,1, //8 Pc)A8> 22 m Ao Ai, ZAmczA z ,,A,, m0m0 D m rm yN ZS�� m 12z ozzz+1->i 0,0mz Yl mm Zg - •r" . "-0 '�100NN m -0Mc V I0z N>m g.a . z --�002 > -4,1=-m 17;,0i pA O zt Amm mco � �>^rZ1Airm pp=mZ>> Cr z A 4.8 n �T z99r.104.-Po qc•-0 A - 4,4C m 0 ft 00Z 'ice' (>>>m 1, 0z m °v= v > 20 2�2DLxz =V� m O M 1 Z NC XI r.10,M A >p m (� , '; L— 0 om zz *�Qi rr=$ In O O c T. 8 mo c/ N �8 m�Qio > my RA A V nrn '13 Pm A 'c to Z A 0 m C •Ocn m"< r- �- OAOD p m n r- 0 r- N w MC 2 r". . mvl8i > zmm ._1 m m -a Cj� • 2 t/Sm N,. \ 2 a- >> -4Z2 Z A v AD _N Dy > F>p -1z 0 ^ Qi Ai o m iG ... > w U o A -1 O m V A p 10 m O O 8 ZU r>18 c t m 8 *8 ro g n g m -Vmm o mg °o 0 g A m 0 9 1 I co V Cl (A A U N I -i Z wow 2 A V 13 ; NI cl o 2 > 2 A o 0 0 T autumn o n s m m /0 Z m N A AE n m 2 IV.sumo ■■�■�����,■■u 8 CZ 8 CAS R 9 I 11 p 100 :r 0 M O Pl P N A m y21 i mA m '1 4 > U)> CC > ; Q M c m N Drw m �F+ 0 o. C ,z A . p_ . c� 4411 z 14 I 1.!: ..I 41 � > Age 2 ;J[ et, 2c f 2 40� ' -• 2 1� nE '-C who 2 0. T b tOKV 0 X '$ own > 01 yy f0 . o 0 D IT ON Is 9D r rr e. 2 44 .4.744445, o n m \ D z o�. nli i-F,� Xie-111_03T f---4-= 01 IIF Pag CA , ... 1 6 A 3 II t I Cr) 4WN � I V1Z Z (nZ (n I Wr ON 000000 '-. O W O CO O V) CD C cod CDD1.3 � Cow 00 Ow 4 000 .0. c0 '� co I r- - I p. 7 3 6 I O D _ W O K 000000 I I -< P.cc. OOOO o m > 1 I o > m r- 4k"0 0 D I w� • m vO m C < m O� 2c z 1 Po O ro oN I Ov OZ-i N V 11 II D X W e( CA r- Z I c0 0. 0. ii x0 ) 3 0 002 D a- r no cn D 2 C m m o> m - D D M r N --I o m o z MUM Ill — C m a •MMUUM•._ Q z L4 1 if iii __15)51 L2 rri w l � f ai° P.O.B. l M 8a II v iii ;If ff Nj t t 7 R l� 1$� a cn 13 I o o I /EASTERLY LINE TRACT 1 . ii• (S� .. z I -{ N �0 n u o e 5d Z I yr m WD F. 11 g g� = Z O.(4.41'h ii of i D If F 'tv u I O I \\ 22 OpiZ - J. 1J ' t I c(o0a2 a a a 3 I EXHIBi� Z ° oaf o 0 0 �\ 0 CA 16A3 „ mg Z A /. 49 2 .�M> 2 9Nmm >0m052. T n- oo pm 0 ro zm>. 0n A8c2 sow z . om>min 20Zrq O A Am _.7pQom~I pp.z mmiz➢z> zo=4m o N Q� ;N ZV'140N 004.1 v,Z0 prn• C y �� mr Al q4.UOA_0 Z�VO01�Nm Ar�Z p c N° ➢� m>A> mg �02 o � ➢D r� 2 z > Z ) Z Z m A A c u mn NQi gv“,0„7>>� =�m Zo z > Ar m�moo z �°�i > O A 0 0 y Z y VIZ m D M ➢ p% my0 zmp„p` r1-4 Z O ➢fin mm Y 6 �mQ "1'099, qooN > 2 mA m0 43 �v �'�t '�tO 'k--- o w m1 �8a or" 8, ,2-.; Z Ay Wr A 0 f] Rol -4:71 u) 0Ni -I mm> r'{' J qW ➢ Ip \ ..1 Z U 92,„ Om ➢� -4 Z Z j >r1> N., o A m Z zZc mu.) m A m W 8a OR o q r-iv, (a2 0- > C Co p9 -1 8 $ 8 mums, <; m - -mi m Ol 2p> r pm 2 12 O -ii m 4yQ >� 53 > m 0 p ,,,p N M ctg o Xt ono oto 2 ' v g il iiiiiiiiZ, •-..... q m m %Z m n A f o m 2 4".uuuu %;C V > 1y0 Z. 0 1 Z ? > x o � ow 0 O I A (� x > p W n Z. 6 R. O OC.} h ry ➢ y GIN > D fC Z 71 Xtm 0 . & Ztn>Av Q �r r'1 N Npmo > ON Z .Z > �yqr / �>�� n3 R mZ>q d F. ; O pir :2444 % al- 2 g oz,0 t g z o fi 3 ( u a ' N�tl C - p ? o n o wed s k i 40 ON•* Fq %Zp o nlm� - �0 0 wm so gl $ 18 d 0> 0 y D rn "nl \ n / RI>�y r- (;.. ',7-71m 7'0bis 4'qn S 0 A� 2 w ��{ o. nnE m t-XHI I1 cin, '" �,� p� -.t-V .• Ogg ca.. �� 1 0