Parcel 403RDUE PROJECT: 60145- Golden Gate Blvd
PARCEL(s): 403RDUE
FOLIO(s): 40682320003 and 40682280004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereOfter referred to as the "Agreement") is
made and entered into on this -2_41 day of LAAML— , 2016, by and between
JUAN I. BUSTAMANTE AND MARIA BUSTAMANTE, husband and wife, whose
mailing address is 5609 Parkaire Drive, Metairie, LA 70003-2319 (hereinafter referred
to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3299 Tamiami Trail East, c/o 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 "Easement"); and
WHEREAS, Owner desires to convey the Easement 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
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($1000), 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:
$7,500.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9
of this Agreement (said transaction hereinafter referred to as the "Closing").
County also agrees to pay attorney's statutory fees of $1,683. Said aggregate
payment of $9,183.00 (representing Owner's proceeds, attorney's fees and all
other costs) shall be paid at closing by County Warrant or funds wire transfer to
"Rasco Klock Perez Nieto, P.L. Trust Account" and 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
0
Page 2
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 Easement, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
said Easement to County, including all attorneysfees, 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 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. 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;
(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.
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 Easement 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
Page 3
n. after relocation. Owner holds County
property and its performance
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 Easement (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 area, 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 Easement 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.
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 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.
Page 4
(e) There are no maintenance, ooOstruchon. advertising, management,
leasing, employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or a[b|trati0n,
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, 81ored, 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
C0unty, 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, 1pegtrnont, 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. INDEMNIFICATION Owner shall ind8nnnifv, d8fand, save and hold harmless the
County against and frn/n, and reimburse the County with respect to, any and all
danlaQeS, claims, liabilities, |8vvS, 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
Page 5
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 Easement:
provided, hovvever, 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 intenaSt. 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 feeo " 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 Easement is
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,
exenutors, personal repnesan[otives, suoceos0rS, successor trustees, and/or
assignees, whenever the context so requires or admits
12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement
in the form of a partnership. limited p8rtne[Ship, corporation, trust or any form of
representative capacity whatsoever for others. Owner shall make a written public
disclosure, according to Chapter 286. Florida Statute5, 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. (If the corporation is registered with
the Federal Securities Exchange Commission or registered pursuant to Chapter
517, Florida St8tutes, whose stock is for sale to the general pub|iC, it is hereby
exempt from the provisions of Chapter 286, Florida Statutes.)
13. ENTIRE AGREEMENT Conveyance of the Ean*rnent, or any interest in the
property underlying the Easement, by Owner is contingent upon no other
prPViSiOOS, 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 ggreernen1o, undedokings, promises, vvorroObes.
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.
Page 6
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 and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
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.Stpitifi 6(4 tS
Al I EST: BOA9D OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk; COL R COUNT , FLORIDA
. ,
BY. ir214140
AttesaS 0 ai Deput le ONNA FIALA, CHAIRMAN
signatnOt ‘3\1(
Tu.OVVNER:
DATED:
,
( IV 4_, Ji.gmat —
Witness (Signature) Juan I. Bustamante
Nam (Print or Type)
Wit ess (Signature)
•
Name (Print or Type)
AND
Page 7
Witness (Sign.ture) M.na st.m a nte
"Vd7 /-1 /e77i7e't
Name (Print or Type)
Witn ss (Signature)
go a do 004//1/1)21
Name (Print or Type)
Approved as to form and legality:
A. •
/
LAarArd111110611110,-
t- 111 PE. Po &--11
As • tant County Attorney
Last Revised 06/23/15
EXHIBIT A
Page of
R& iAV
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LAs(
•,04C.1
TRACT 27 TRACT 28 TRACT 45
GOLDEN GATE ESTAT7S
UNIT 77
PLAT BOOR 5 PAGE If
PROPOSED ROADWAY EASEM(NT
-
PARCEL 403 ROUE
GOLDEN GATE BOULEVARD ;CR 876)
14'0
ES , • ,•
N
orrw:AL RECORDS (BOOK/FACE)
PROPOSED ROADWAY, DRAINAGE AND U hLETY EASEMENT ;Ri,ur)
ExisTING ROADWAY EASE.MINT DEDICATED TO TH1 PLETPETH8,..
USE OF THE PUBt IC PER PLAT BOOK 5, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 403 RDUE
A PORTION OF PACT 28. GOLDEN GATE f STALE S. OM, if AS fiLCOifUFO N PLAT BOOK 5. PAGE :5 Of THE PUBLIC
TICOP0T- Cc:OFR couNry, rt.oRioA. LYING IN ST('1 0f 6, TOWNE PP 49 SMITE., RANGE 28 EAST, 0,OI UER
COUNTY, aoRIDA, HERO MORE PARILCuLARLY DE SCRIBED AS FOLLOWS.
LtommENcINE, m i SOUTHWEST CORNER OF TRACT 28;
HENCE N,0012845-W.. ALONG THE WEST LINE OF SAID rRAr.:1 T.L8 T:10.00 jILlrE; A PONT ON HE NORTH r'NT
Of 1HF 50011 50 NET Of SAID TRACT 28 AND ITC POINT OF 8EaNNING Of THE =TERI:IN DESCRIBED RARCT:
ESCE CEENTENLIE N,00`213:45"W., ALONG SAID WESI UNL, FOR 11'1 Of 'LET;
INCE 89'31-157E roR 169 96 FEET.
-THENCE N.00129 00-w TOR 10 00 FEE r,
r-rNcr N.89-31'15°:T TOR 160.00 FEET E0 I< EAST 1 NE o sAc, HAL
THENcE S.00128'56t ALONG SATO EAST LINE, FOR LTET_GO MT' TO PONON SAID M)RIf AL.
LTNICE ALONG SAW NEBOH UNE, FOR 329,98 REE 10 "3-46, paw- OF BEGINNING
SCRIBED PARCEL,
cOHT AIN NG 43,5:-.,(,; 'SQUARE FEEL MORE OR LESS,
40 BO )60
SKETCH & DESCRIP BON ONLY mimiNiiiimm- ma. 111111111111111WIMMINII
NOT A BOUNDARY SURVEY scAiy. „
/
hOf v40,0 04,CoW toi00".
OR" 6010ER COuNr, COVERNWN; cOUERY COI.IMISCONF NS ,1.0000,..TM`Fara>,,00Fmtotiu simerwor OokWiltt
GOLDEN GATE BOULEVARD
D
SEEITH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
1.(1.1$4114TIN <14 Illire4
PARCEL 403 RIBJE
tioi6 Wive RacRUtRe,&AIM
Newlet,Runde if.10
COLUER COUNTY. FLORIDA
Phan.03%51045n RAx:mitR sem Rr
310 law
.1011 NUMBER lVISON SECTION TowNSTap WISE SCAI f AILP 60i:U
)50217,00 00 COO 6 89 20 EITY FEL 2008 rOf