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Parcel - Bike Easement MEMORANDUM TO: Linda A. Houtzer, Deputy Clerk Minutes & Records Department FROM: ~. ni A. Mott, Property Acquisition & Sales Manager eal Estate Services / DATE: November 18, 2005 RE: Golden Gate Greenway - Pedestrian and Bicycle Easement Agreement Please find attached one (1) original Pedestrian and Bicycle Easement Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation of same on May 28,2002, Item 16D1. Please contact me if you have any questions or comments at X8780. Thank you. Attachment as stated This instrument was prepared without opinion of title by and after recording return to: Mark J. Price, Esquire Roetzel & Andress, a Legal Professional Association 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 34103 (239) 649-6200 3145593 OR: 3240 PG: 2369 RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 03/14/2003 at 12:15PM DWIGHT E. BROCK, CLERK REC FEE DOC·.70 COPIES 33.00 .70 7.00 Retn: RBAL PROPERTY BXT 8780/TONI INTBR OFFICB (Space above this line for recording data) PEDESTRIAN AND BICYCLE EASEMENT AGREEMENT TillS PEDESTRIAN AND BICYCLE EASEMENT AGREEMENT (this "Agreement") is made this l~ day of rY\p.r<:.h , 2003, by and between THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA ("Grantor"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Grantee"). WIT N E SSE T H T HAT: WHEREAS, Grantor is the owner of that certain real property located in Collier County, Florida and described on Exhibit "A" attached hereto and made a part hereof (the "School Board Property"); and WHEREAS, Grantee is the owner of that certain real property located in Collier County, Florida and described on Exhibit "B" attached hereto and made a part hereof (the "County Property"); and WHEREAS, Grantee is planning to install and maintain pedestrian and bicycle pathways upon the County Property; and WHEREAS, Grantee desires to extend the pedestrian and bicycle pathways across and through the School Board Property; and WHEREAS, Grantor wishes to grant to Grantee a perpetual non-exclusive easement for pedestrian and bicycle ingress and egress over, across and upon the sidewalks and bike paths now or hereinafter located within the northerly 165 feet of the School Board Property (the "Easement Area"). NOW, THEREFORE, in consideration of the sum ofTEN DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by each party, it is hereby agreed between the parties: 1. Recitals. The foregoing recitals are true and correct and incorporated into this Agreement by this reference. Page 1 of7 THf8 CONVEYANCE APPROVED BY THI! BOARD OF COUNTY COMMtaslON!R8. ca.LIER COUNTY, FLORIDA, PURSUANT TO THE p~. OF' A&ENbA- :t:retf~ ~ 5-28--02.... OR: 3240 PG: 2370 2. Easement. Grantor does hereby grant to Grantee, On the terms and conditions contained herein, a perpetual non-exclusive easement for the purpose of pedestrian and bicycle ingress and egress over, across and upon the sidewalks or bike paths now or hereinafter located within the Easement Area for use by Grantee, its employees, patrons, guests and invitees ("Grantee's Invitees") to traverse to and from the County Property. 3. Construction of Sidewalk Improvements. Grantee shall be permitted to construct and install, from time to time, sidewalks, bike paths, and other related improvements within the Easement Area ("Sidewalk Improvements"). All plans for the construction of Sidewalk Improvements shall be presented to the Grantor prior to construction for approval by the Grantor, which approval may not be unreasonably withheld, conditioned or delayed. All construction shall be at the sole cost and expense of Grantee. Grantee shall comply with all federal, state, and local laws, ordinance, statutes, ordinances, rules, and regulations with respect to the construction of Sidewalk Improvements. 4. Maintenance of Sidewalk Improvements. Grantee shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the Sidewalk Improvements. All maintenance and repair of the Sidewalk Improvements shall be at the sole cost and expense of the Grantee or Grantee's successors and assigns. 5. Reservation. Grantor reserves the right to use the Easement Area as Grantor shall deem appropriate; provided, however, that (i) Grantor shall not materially interfere with the rights granted herein and (ii) the Easement Area, aside from the Sidewalk Improvements, shall remain as greenspace. Grantor shall specifically be permitted to establish gopher tortoise preserve areas within the Easement Area and relocate gopher tortoises to the Easement Area, only to the extent that such relocation does not interfere with the rights and uses contemplated herein as to the Easement Area. 6. Indemnification. To the extent permitted by law, Grantee shall indemnify, defend, save and hold harmless Grantor, Grantor's officers, agents and/or employees from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, liability, or death which may result from or arise out of any willful misconduct or negligent act, error, or omission of Grantee which occurred or is alleged to have occurred with respect to the construction, installation, maintenance, repair or use of the Sidewalk Improvements. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation of liability to which the Grantee may be entitled under Section 768.28, Florida Statutes. 7. Termination. In the event that the County Property shall ever cease to be owned or used exclusively by Grantee or any governmental entity, this Agreement shall automatically terminate and the easement contained herein shall be of no further force or effect. 8. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: Page 2 of7 ____·,··,_.._._..~·".d_____···_ OR: 3240 PG: 2371 If to Collier County: Real Property Management Department Administration Building Attn: Toni Mott 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Ellen T. Chadwell, Esq. Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 If to School Board: District School Board of Collier County 5775 Osceola Trail Naples, Florida 34109 Attn: James H. Simms, Associate Superintendent/Operations Phone: (239) 436-6450 Facsimile: (239) 436-6531 With a copy to: ROETZEL & ANDRESS, L.P.A. 850 Park Shore Drive Naples, Florida 34103 Attn: John Clapper, III, Esq. Phone: (239) 649-6200 Facsimile: (239) 261-3659 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day of such transmission. Any such transmission received after 5 :00 p.m. Eastern Standard Time (or Daylight Savings Time, whichever then applicable) shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Agreement, the attorneys for Grantee may directly contact Grantor and the attorneys for Grantor may directly contact Grantee. The respective attorneys for both Grantor and Grantee are hereby expressly authorized to give and receive any notice, demand, request or to make any other communication pursuant to the terms of this Agreement on behalf of their respective clients. The addressees and addresses for the purpose of this section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Page 3 of7 OR: 3240 PG: 2372 9. Benefit/Burden. The easement and the rights and obligations created hereby shall run with the land, shall be a benefit to the County Property and a burden to the Easement Area, and shall inure to the benefit and burden of the Grantor and Grantee and their respective successors and/or assigns. 10. Governin2 Law. This Agreement is governed and construed in accordance with the laws of the State of Florida. 11. Florida. Recordin2. This Agreement shall be recorded in the Public Records of Collier County, IN WITNESS WHEREOF, the Grantor and Grantee have respectively caused these presents to be executed the date and year first above written. SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By: ~cviJu.d( inda Abbott, ChaIr -Y111l~~ 1t~v (Print N e: lVJA.£c, IS D(.::¡.,I<~ ) [1~ ~~ (Print Name: (!kfH.'-! L6àhA-9'Î ) Date: ::¿ - I 3 - 0 3 STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me, this ,p<¥c.. of $"dlttl~ ' 2003, by LINDA ABBOTT, the Chair of the District School Board of Collier County, Florida, who is ( '1Personally known to me or ( ) has produced as evidence of identification. (SEAL) ~~ NOTARY PUBLIC Name: Iì¿/tl,e fJupc) I (Type or Print) My Commission Expires: ~\\\\\" II """'/. #''\..-v.~~.~~f.o ~II~ ~ <¡~\SSION ~~.. ~ ~ .·cSèJ ~~ 24,,,, ~... ~ ::: ..~~.::> 'b~. ~ .: :~..!t ~<P~*: =*: ..... ::: ~~ ~ *DD 170817 i ~§ ~0...4; ..r.,,,g:;~ ~ -f'", ..;'I,¡>",8pOl¡dod\\\f(Ò~.·,~~ ~'Tf- .¡ IJbllcUnuo.. '_' ~ ~.-. 'Oúp···..···",C)' ~ i'lllf o'LIc 51 þ.í" ",.... ('!II ,,¡ ,,\1\\\\\" Page 4 of 7 ;,~f}~~ ~ 376269_1 Page 5 of7 OR: 3240 PG: 2373 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: . Date: Ò-l6 -ô~ OR: 3240 PG: 2374 EXHIBIT "A" SCHOOL BOARD PROPERTY THE WEST ~ OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF THE NORTHWEST 114, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Page 6 of7 *** OR: 3240 PG: 2375 *** EXHIBIT "B" COUNTY PROPERTY ALL THAT PART OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: THE NORTHERLY 165 FEET OF THE FOLLOWING PARCELS: PARCEL 29 THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 PARCEL 19 THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 PARCEL 32 THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 PARCEL 28 THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 PARCEL 17 THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 Page 7 of7 v__'~_,··~_._