Parcel 005
PROJECT: Immokalee Signal Easement (66042)
PARCEL No.: 5
FOLIO NO.: 36316240007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMf;:NT (hereinaftnfç!:!:.ed to as the "Agreement") is made
and entered into on this /1 day of "tV ~ , 2004, by and between
ROBERT N. RIZIKA, as Trustee of the ROBERT N. RIZIKA TRUST AGREEMENT U/A
dated June 6, 2001 (hereinafter referred to as "Owner"), whose address is 107
Windward Drive, West Palm Beach, FL 33418-4012, and COLLIER COUNTY, a
political subdivision ot the State of Florida, its successors and assigns (hereinafter
referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-ot-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").
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set torth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement;
NOW THEREFORE, in consideration ot 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 to Purchaser for the sum of $1500.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Easement conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages,
including business damages, in connection with conveyance of said Easement to
Purchaser, including all attorney's fees and expert witness fees and costs as
provided for in Chapter 73, Florida Statutes.
2. Prior to Closing, 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.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board at County
Commissioners of Collier County, Florida.
5. Owner represents that 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 Purchaser; 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 Purchaser, 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. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. Purchaser shall pay for all recording fees for the Easement instrument(s), and for
any and all costs and/or fees associated with securing and recording a
Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the property underlying the Easement from the mortgagee(s), and for the
fees to record any curative instruments required to clear title, except for any and
all costs and expenses required to secure and record releases and/or satisfactions
from judgment creditors, which fees, costs and/or expenses shall be the
responsibility of the Owner. In accordance with Statutory exemptions prohibiting
payment of documentary stamp taxes by Purchaser, Owner shall pay all
documentary stamp taxes required on the instrument(s) of transfer.
8. 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.
9. Conveyance of the Easement 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.
10. 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, 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 Purchaser,
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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
l~ WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of -O..c.J-obP r' ,2004.
Date Acquisition Approved by BCC: January 13, 2004 Pursuant to Resolution No.
2004-02.
AS TO PURCHASER:
DATED:
ATTEST: ,....,Iill',
DWI~,~!t~e~.~~~"Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
BY: ~ d~
Donna ala, Chairman
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AS TO OWNER:
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By:'i"$ h· !ér.
ROBERT N. RIZIKAJ.: Trustee of the
ROBERT N. KIZIKA TRUST
AGREEMENT U/A, dated June 6, 2001,
DATED:
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Witness (Signature)
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Witnes (Signature
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Approved as to form and
legal sufficiency:
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Heidi F. Asñton
Assistant County Attorney
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PROJECT: Immokalee Signal Easements (66042)
PARCEL: 5
FOLIO: 36316240007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between ROBERT N.
RIZIKA as Trustee of the ROBERT N. RIZIKA TRUST AGREEMENT U/A dated June
6, 2001 (hereinafter referred to as "Owner") whose mailing address is 107 Windward
Drive, West Palm Beach, FL 33418-4012 and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a Temporary Construction Easement (TCE)
over, under, upon and across the lands described as: The South 11 feet of the West 12
feet of that parcel, as described in O.R. Book 3043, Page 1194, of the Public Records
of Collier County, Florida (hereinafter referred to as the "Property") and
WHEREAS, the Owner desires to convey the TCE to the 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 are hereby mutually acknowledged, it is agreed by and between the parties as
f9110ws:
1. Owner shall convey the TCE to the Purchaser at no charge to the Purchaser.
2. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the execution of
the Agreement by Purchaser. At closing, Owner shall deliver a TCE to Purchaser in a
form acceptable to Purchaser.
3. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so stated
herein; 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.
4. Owner is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Property to be sold to the County, that the seller has not received
notice and otherwise has no knowledge of a) any spill on the Property, b) any existing
or threatened environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Property. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to 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 owner's
representation under Section 6. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the TCE. All other costs
associated with this transaction including but not limited to transfer, documentary and
intangible taxes, and recording costs, if any, for any curative instruments shall be borne
and paid by Owner.
8. Owner agrees to grant the TCE for the purpose of constructing public facilities in
this area. This TCE shall expire upon completion of the construction of the public
facilities in the area described above or on June 1,2007, whichever occurs first. In the
event that the construction of the public facilities has not been completed by June 1,
2007, the Purchaser reserves the right to record in the Public Records of Collier County
a Notice of Time Extension which shall grant a one (1) year time extension until June 1,
2008, for the completion of said construction. Owner shall be provided with a copy of
the recorded Notice of Time Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
10. 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 trustee, and assignees whenever the context
so requires or admits.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this day of ,2004.
Property acquisition was approved by BCC pursuant to Resolution No. 2004-02, on
January 13, 2004.
AS TO PURCHASER:
DATED:
ATTEST:
DWIG~J~Ef~,~OCK, Clerk
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WITNESSES:
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(Signature)
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-cÞrinted Name)
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Approved as to form and
UffiC¡enCy,/
iA.. r J^'--
Heidi F. Ashton
Assistant County Attorney
--...
BOARD OF COUNTY COMMISSIONERS
COLLIER C TY, FLORIDAj _
BY: ~ d~
Donna F ala, Chairman
dì "
BY: " c:;/-1~1; - /; C_,.
ROBERT N. RIZIKA as Tr, tee of the
ROBERT N. RIZIKA TR ST
AGREEMENT, dated June 6, 2001
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