Assignment and Assumption of Easeemnts (Recorded) INSTR 5518002 OR 5482 PG 1741
RECORDED 3/1/2018 3:19 PM PAGES 9
Prepared by and return to: DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Scott Teach,Esq. REC$78.00 INDX$30.00
Office of the Collier County Attorney
3299 East Tamiami Trail,Suite 800
Naples,Florida 34112
ASSIGNMENT AND ASSUMPTION OF EASEMENTS
THIS ASSIGNMENT AND ASSUMPTION OF EASEMENTS ("Assignment"), is
made and entered into as of the 1st day of March, 2018, by and between the FLORIDA
GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by
Interlocal Agreement pursuant to Section 163.01(7)(g), Florida Statutes ("Assignor") and the
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, as the governing board of
Collier County, Florida, and ex-officio as the governing board of the COLLIER COUNTY
WATER-SEWER DISTRICT, a political subdivision of the State of Florida and a body
corporate and politic created by special law, as codified in Chapter 2003-353, Laws of Florida,
whose address is 3339 Tamiami Trail East, Suite 301, Naples, Florida 34112 ( collectively
referred to herein as "Assignee").
Capitalized terms not defined herein shall have the meaning(s) ascribed to them in that certain
Utility System Transition Agreement between Assignor and Assignee dated November 14, 2017,
and effective November 16, 2017, as amended by that certain First Amendment to the Utility
System Transition Agreement, effective January 19, 2018 (the "Transition Agreement").
WHEREAS, among the assets owned by Assignor and intended to be conveyed to
Assignee, in accordance with the Transition Agreement, are the rights of Assignor under those
certain easements, licenses, prescriptive rights, rights-of-way, and other rights to use public and
private roads, highways, streets, railroads and other areas owned or used by Assignor for the
construction, ownership and operation of the FGUA Golden Gate System, as described and set
forth in the Transition Agreement(the "Easements"); and
WHEREAS, Assignor has agreed to transfer to Assignee all of the rights, title and
interest of Assignor as grantee under the Easements, as described in Exhibit "A" attached hereto
and made a part hereof.
NOW, THEREFORE, in consideration of the mutual promises, covenants,
representations and agreements contained herein, together with $10.00 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows.
1. The foregoing recitals are true and correct and are hereby incorporated as if set
forth fully herein.
2. Assignor hereby quitclaims, conveys and assigns unto Assignee, its successors
and assigns, all right, title and interest of Assignor, if any, in the Easements, together with all
other recorded or unrecorded rights, privileges, easements, licenses, prescriptive rights, rights-of-
way, and rights to use public and private roads, highways, streets, railroads and other areas
1
owned or used by Assignor in connection with the construction, reconstructions, installation,
expansion, maintenance, and operation of the FGUA Golden Gate System as described in the
Transition Agreement,together with, and to the extent transferrable, a tacking of time periods of
Assignee ownership in addition to Assignor or predecessor ownership time periods for
determining any prescriptive easement or adverse possession claim or claims; provided,
however, that, other than as contained in the Transition Agreement, Assignor makes no
additional representation or warranty herein regarding the Easements or in the existence or
transferability of the aforementioned time periods.
2. Assignee hereby accepts the transfer and assignment of the Easements as set forth
in Paragraph 1 herein, and assumes the performance, obligations, duties and liabilities of
Assignor under such Easements as of the date hereof As of the date of this Assignment, and
pursuant to the Transition Agreement, Assignor's obligations and responsibilities to act under
such Easements shall cease and terminate. In accordance with Section 3.01(B)7 Of the
Transition Agreement, Assignor shall have no liability or obligation with respect to the
Easements after the date hereof, whether attributable to the period prior to or after the date of the
Assignment. Assignee shall hold Assignor harmless from and against any loss, claims, costs and
expenses arising in connection with the Easements prior to and after the date hereof to the extent
permitted by law without waiver of sovereign immunity.
3. Assignor covenants and agrees with Assignee and its successors and assigns that
Assignor will do, execute, acknowledge and deliver or cause to be done, executed,
acknowledged and delivered any and all such further acts, instruments, papers and documents, as
may be necessary, proper or convenient to carry out and effectuate the intent and purposes of this
Assignment. Further, Assignor hereby irrevocably constitutes and appoints Assignee and its
successors and assigns the true and lawful attorneys for Assignor to do all acts and things
necessary under and pursuant to the Easements with like power and as fully as Assignor could or
might have done.
4. This Assignment shall inure to the benefit of Assignee, its successors and
permitted assigns, and shall bind Assignor and its successors and permitted assigns. This
Assignment is not intended to confer upon any person other than the parties hereto any rights or
remedies hereunder.
5. This Assignment shall be governed in all respects, whether as to validity,
construction, capacity, performance or otherwise, by the laws of the State of Florida applicable
to contracts made and to be performed within that state. Nothing herein shall be construed to
waive any defenses of sovereign immunity that Assignee may be lawfully entitled to assert under
applicable Florida law.
6. If any term or provision of this Assignment shall, to any extent or for any reason,
be held to be invalid or unenforceable, the remainder of this Assignment shall not be affected
thereby and shall be construed as if such invalid or unenforceable provision had never been
contained herein or been applicable in such circumstances.
2
7. This Assignment incorporates the Transition Agreement and by reference all
definitions, terms, provisions, conditions and limitations set forth therein. In the event of any
conflict or inconsistency between the definitions, terms, provisions, conditions and limitations
set forth in the Transition Agreement and those which are set forth in this Assignment, the
definitions, terms, provisions, conditions and limitations set forth in the Transition Agreement
shall supersede and prevail.
8. This Assignment may be executed in one or more counterparts, each of which
shall be deemed to be an original, but all of which shall constitute one and the same Assignment.
IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment to be
duly executed and entered into on the date first above written.
ASSIGNOR:
FLORIDA GOVERNMENTAL UTILITY
AUTHORITY, a legal entity and public body
created by Interlocal Agreement pursuant to
Section 163.01(7)(g), Florida Statutes.
By: L
Lea Ann Thomas, Chair
ATTEST:
Stephen M. Sprat , Secretary-Treasurer
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 26th day of February, 2018,
by Lea Ann Thomas, as Chair of the Florida Governmental Utility Authority, on its behalf She
ispersonally known to me or has I 1 produced as
ide ification.
1 / OP
04 of:' ubTie-7
My Z'�nmissio'7.t.!..4.,17.,,.1,,,,,.)' -KIMBERLYA.DILUIGIMYCOMMISSION#GG1676153 EXPIRES:January 7,2022
°F f`O' Bonded Thru Notary Public Underwriters
_wall rink 1
ASSIGNEE:
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, as the governing board of
COLLIER COUNTY, FLORIDA, and ex-officio as
the governing board of the COLLIER COUNTY
WATER-SEWER DISTRICT, a political
subdivision of the State of Florida and a body
corporate and politic created by special law, as
codified in Chapt 2003-353, Laws of Florida.
LA 49
Andy Soli.," airman
ATTEST:
DWIGHT E. BRO " , Clerk
BY: --
ep. Clerk
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUN COMMISSIONERS,
COLLIER COUNTY FLORIDA,
PURSUANT TO THE PROVISIONS
Approve, as ti fl and legality: OF RESOLUTION NO. r 7 ZZ Z
Pv)AN,d« (/ ( 111 (-\--v\\ 17):3
linthA
BY: &
County Attorney
4
EXHIBIT "A"
EASEMENTS
1. That certain UTILITY EASEMENT dated June 12, 2001, by Collier County to the
Florida Governmental Utility Authority, recorded in Official Records Book 2931, Page
1895 of the Public Records of Collier County, Florida.
2. That certain EASEMENT dated July 12, 2002, by Wayne Ruben and Benderson
Development Company, Inc., to the Florida Governmental Utility Authority, recorded in
Official Records Book 3109, Page 2916 of the Public Records of Collier County, Florida.
3. That certain UTILITY EASEMENT dated March 20, 2003, by Collier County to the
Florida Governmental Utility Authority, recorded in Official Records Book 3399, Page
2351 of the Public Records of Collier County, Florida.
4. That certain FIRELINE AND HYDRANT UTILITY EASEMENT dated November 20,
2003 by the District School Board of Collier County, Florida, to the Florida
Governmental Utility Authority, recorded in Official Records Book 3491, Page 3483 of
the Public Records of Collier County, Florida.
5. That certain UTILITY EASEMENT dated June 23, 2005, by the District School Board
of Collier County, Florida, to the Florida Governmental Utility Authority, recorded in
Official Records Book 4112, Page 0766 of the Public Records of Collier County, Florida.
6. That certain UTILITY EASEMENT dated June 23, 2005, by the District School Board
of Collier County, Florida, to the Florida Governmental Utility Authority, recorded in
Official Records Book 4112, Page 0775 of the Public Records of Collier County, Florida.
7. That certain RIGHT-OF-WAY AND EASEMENT dated December 1, 1983, by Avatar
Properties, Inc., to Avatar Utilities, Inc., recorded in Official Records Book 1052, Page
1631 of the Public Records of Collier County, Florida, as assigned by that certain
ASSIGNMENT OF EASEMENT dated October 27, 2006, by and between Avatar
Utilities, Inc., and the Florida Governmental Utility Authority, recorded in Official
Records Book 4141, Page 1638 of the Public Records of Collier County, Florida.
8. That certain UTILITY EASEMENT dated March 20, 2008, by the District School Board
of Collier County to the Florida Governmental Utility Authority, recorded in Official
Records Book 4380, Page 0387 of the Public Records of Collier County, Florida.
9. That certain UTILITY EASEMENT dated May 20, 2008, by Collier County to the
Florida Governmental Utility Authority, recorded in Official Records Book 4380, Page
0395 of the Public Records of Collier County, Florida.
5
10. That certain UTILITY EASEMENT dated June 25, 2008, by Win-Golden Gate Ltd., to
the Florida Governmental Utility Authority, recorded in Official Records Book 4386,
Page 2934 of the Public Records of Collier County, Florida.
11. That certain UTILITY EASEMENT dated October 17, 2008, by Jose M. Saco and Yvette
L. Saco (Husband and Wife) to the Florida Governmental Utility Authority, recorded in
Official Records Book 4432, Page 3171 of the Public Records of Collier County, Florida.
12. That certain UTILITY EASEMENT dated November 6, 2009, by Golden Gate Country
Club Owners representative to the Florida Governmental Utility Authority, recorded in
Official Records Book 4508, Page 1308 of the Public Records of Collier County, Florida.
13. That certain UTILITY EASEMENT dated November 16, 2010, by Diocese of Venice to
the Florida Governmental Utility Authority, recorded in Official Records Book 4644,
Page 1265 of the Public Records of Collier County, Florida.
14. That certain UTILITY EASEMENT dated April 7, 2011, by West Coast Development
Corporation of Naples, Inc., to the Florida Governmental Utility Authority, recorded in
Official Records Book 4688, Page 383 of the Public Records of Collier County, Florida.
15. That certain UTILITY EASEMENT dated October 31, 2013, by David Lawrence Mental
Health Center, Inc., to the Florida Governmental Utility Authority, recorded in Official
Records Book 5006, Page 3212 of the Public Records of Collier County, Florida.
16. That certain UTILITY FACILITES AND/OR UTILITIES EASEMENT(S)
SUBORDINATION dated February 22, 2008, by U.S. Bank National Association,
successor in interest to SunTrust Bank, Trustee, in favor of the Florida Governmental
Utility Authority, recorded in Official Records Book 4335, Page 0409 of the Public
Records of Collier County, Florida.
17. That certain SUBORDINATION OF MORTGAGE AND SECURITY DOCUMENTS
dated May 6, 2011, by Stonegate Bank and Florida Governmental Utility Authority,
recorded in Official Records Book 4801, Page 1583 of the Public Records of Collier
County, Florida.
18. That certain UTILITY FACILITIES WARRANTY DEED dated June 23, 2005, between
the District School Board of Collier County, Florida, and the Florida Governmental
Utility Authority, recorded in Official Records Book 4112, Page 0769 of the Public
Records of Collier County, Florida.
19. That certain UTILITY FACILITIES WARRANTY DEED dated June 23, 2005, between
the District School Board of Collier County, Florida, and the Florida Governmental
Utility Authority, recorded in Official Records Book 4112, Page 0772 of the Public
Records of Collier County, Florida.
6
20. That certain UTILITY EASEMENT dated January 15, 1987, between Avatar Properties
Inc., and Avatar Utilities Inc. of Florida, recorded in Official Records Book 1251, Page
0790 of the Public Records of Collier County, Florida.
21. That certain NON-EXCLUSIVE & PERPETUAL WATER PIPELINE EASEMENT
GRANT dated May 14, 1990, between Barnett Bank of Naples and Florida Cities Water
Company, recorded in Official Records Book 1577, Page 0534 of the Public Records of
Collier County, Florida.
22. Easements created in that certain QUIT-CLAIM DEED dated February 25, 1985, by and
between Domenic D'Agostino, Mario Vocisano, Salvatore Forlani, and Robert Vocisano,
a Florida general partnership, and Avatar Utilities, Inc. of Florida, recorded in Official
Records Book 1131, Page 1230 of the Public Records of Collier County, Florida.
23. That certain EXCLUSIVE AND PERPETUAL WASTEWATER FORCE MAIN
EASEMENT GRANT dated August 11, 1998, between the David Lawrence Foundation
for Mental Health, Inc., and Florida Cities Water Company, recorded in Official Records
Book 2462, Page 0189 of the Public Records of Collier County, Florida, and re-recorded
in Official Records Book 2500, Page 0411 of the Public Records of Collier County,
Florida.
24. That certain EXCLUSIVE AND PERPETUAL WASTEWATER PUMPING STATION
EASEMENT GRANT dated August 11, 1998, between the David Lawrence Foundation
for Mental Health, Inc., and Florida Cities Water Company, recorded in Official Records
Book 2462, Page 0199 of the Public Records of Collier County, Florida, and re-recorded
in Official Records Book 2500, Page 0421 of the Public Records of Collier County,
Florida.
25. That certain GRANT OF EASEMENT dated April 10, 1984, between Ron Flavis and
Harry C. Good, as grantors, and Avatar Utilities of Florida, Inc., as grantee, recorded in
Official Records Book 1078, Page 1190 of the Public Records of Collier County, Florida.
26. That certain RIGHT-OF-WAY WATER PIPELINE EASEMENT GRANT dated August
21, 1995, between Avatar Properties Inc., and Florida Cities Water Company, recorded in
Official Records Book 2096, Page 2196 of the Public Records of Collier County, Florida.
27. The reservation of rights in that certain RIGHT-OF-WAY AND EASEMENT dated
September 17, 1984, between Avatar Properties Inc., as grantor, and Florida Power &
Light Corporation, as grantee, recorded in Official Records Book 1102, Page 0252 of the
Public Records of Collier County, Florida.
7
28. That certain unrecorded UTILITY EASEMENT — GOLDEN GATE ELEMENTARY
dated June 21, 2001, by The School Board of Collier County, Florida, as grantor, to the
Florida Governmental Utility Authority, as grantee.
29. That certain GRANT OF EASEMENT dated September 27, 1982, by Golden Gate Plaza,
Ltd., as grantor, to Avatar Utilities, Inc., as grantee, recorded in Official Records Book
0994, Page 1743 of the Public Records of Collier County, Florida.
30. That certain EXCLUSIVE AND PERPETUAL UTILITY EASEMENT GRANT dated
September 13, 1989, between Golden Gate Shopping Center Company, and Florida Cities
Water Company, recorded in Official Records Book 1561, Page 0421 of the Public
Records of Collier County, Florida.
31. That certain EXCLUSIVE AND PERPETUAL UTILITY EASEMENT GRANT dated
September 13, 1989, between Golden Gate Shopping Center Company, and Florida Cities
Water Company, recorded in Official Records Book 1561, Page 0417 of the Public
Records of Collier County, Florida.
32. That certain EXCLUSIVE & PERPETUAL WATER PIPELINE EASEMENT GRANT
dated November 21, 1989, between Naples-Green Blvd. Joint Venture and Avatar
Utilities Inc. of Florida, recorded in Official Records Book 1491, Page 1368 of the Public
Records of Collier County, Florida.
33. That certain EXCLUSIVE & PERPETUAL GRAVITY SEWER MAIN EASEMENT
GRANT dated November 21, 1989, between Naples-Green Blvd. Joint Venture and
Avatar Utilities Inc. of Florida, recorded in Official Records Book 1491, Page 1351 of
the Public Records of Collier County, Florida.
34. That certain unrecorded EASEMENT VACATION dated July 9, 1980, by GAC Utilities
Inc. of Florida, in favor of John W. Payne.
35. That certain EXCLUSIVE & PERPETUAL WASTEWATER FORCE MAIN
EASEMENT GRANT dated April 6, 1989, between The School Board of Collier County,
Florida, and Florida Cities Water Company, recorded in Official Records Book 1452,
Page 1435 of the Public Records of Collier County, Florida.
36. That certain EXCLUSIVE AND PERPETUAL WASTEWATER PUMPING STATION
EASEMENT GRANT dated April 6, 1989, between The School Board of Collier County,
Florida, and Avatar Utilities Inc., of Florida, recorded in Official Records Book 1452,
Page 1430 of the Public Records of Collier County, Florida.
37. That certain unrecorded UTILITY EASEMENT dated June 17, 1999, by John J. Nevins,
as Bishop of the Diocese of Venice, grantor, to the Florida Governmental Utility
Authority, grantee.
8
38. All other easements, licenses, rights of ingress and egress, right-of-way utilizations and
other access rights of any kind used in the operation of the Golden Gate System owned or
possessed by the FGUA, whether recorded or unrecorded.
9