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Parcel 1 PROJECT: Immokalee Signal Easements PARCEL: 1 FOLIO NO. 00127600008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ..l-~tday of Outr6-t-- ,2004, by and between STAR MOBILE HOME PARK, LLC, a Florida limited liability corporation (hereinafter referred to as "Owner"), whose address is 1507 West Immokalee Drive, Immokalee, Florida 34142, and COLLIER COUNTY, a political subdivision of 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-of-Way, Drainage and Utility Easement over, under, upon and across the lands described as: The South 15 feet of the North 52 feet of the West 5 feet of the East 55 feet of Section 5, Township 47 South, Range 29 East, Collier County, Florida (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 forth herein; and WHEREAS, Purchaser 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. Owner shall convey the Easement to Purchaser for the sum of $500.00, 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, 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 of County Commissioners of Collier County, Florida. Page 2 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 ben~fit 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.) . . . . Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHERFOF, the parties hereto have executed this Agreement on this J lor day of {)J-J-~ , 2004. Property acquisition was approved by BCC pursuilnt to Resolution No. 2004-02, on January 13, 2004. AS TO PURCHASER: DATED: /0 I~J/ of ", ,,',J . ~",~~~..I '; ,.', ATTEST:' , '. ,..:o"e-' " DWIGHT E; BROCK, aeTk ", ;H; j ~:.:" ~~ '~ ": :;~~ ..,", 1\ L I "'~ -- . _'.." " ';;' '-:" ',' , nc " tW , . ' ',. 1?1jly' Clerk A .s~" &S. ~.Q. Ch~ ~tkn . s s 19aatut. ~~)\y.~';' BOARD OF COUNTY COMMISSIONERS COLLIER COU Y, FLORIDA I _ ~d~ , Chairman AS TO OWNER: STAR MOBILE HOME PARK, LLC, a Florida limited liability corporation ~~ ' NACIO SOTO, Managing Member OATEO!'XLJ ~(lI, :k Itness (Signature) Name:~lr'Y1e(\ S~lo (Print or Type) l~ G'Yl (J' (! r<:r~n f' ,'1 ~J I( <..( ~~ '--t Witness (Signature) '.J Name: m~,(~ C' C\.,,\W(\~\ '\ ~\)(~L (Print or Type) , , Approved as to form and legal sufficiency: ~V~ y.,.::.. Heidi F. Ashton Or-Assistant County Attorney ltem# l<D ~ 3'~~~ ~~:da 1- \ 0 ':::Ft1 Date ~b .2') -151 Rec'd ~ .~ ~ ..,). ~~ ,...: ~ L-~ "-1\11 PROJECT NO. PARCEL NO. 1 FOLIO: 00127600008 Utility Release 3499790 OR: 3669 PG: 3324 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/29/2004 at 03:51PM DWIGHT B. BROCK, CLERK REC FBE 35.50 COPIES 4.00 Prepared by: El1~ T. Ch4dwell. Esquire Office of t~ County Attorney 3301 East TlMia~i Trail Naples, Florida 34112 (941) 774-8400 Retn: CLERK TO THB BOARD INTBROFFICB 4TH FLOOR EXT 8406 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this >~ day of 6~ , 2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and SPRINT-FLORIDA, INCORPORATED, successor by merger to United Telephone Company Of Florida, whosemailingaddressis6391SprintParkway.OverlandPark.KS66251.Mail Stop: KSOPHT01 01-Z2040 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities from the Property into the road right of way, sidewalk, utility, drainage and maintenance purposes, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: Sprint Network Real Estate ARNla2~RN_W-'_U OR: 3669 PG: 3325 Nature of From or Recorded Encumbrance Date Aqainst In Favor Of Book-Paqe Blanket Easement 9/24/81 Martha Louise Starling United Telephone Co. 940 - 1044 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST:~~' ~~i1fJD "1." DWI~~f~',<BRO~Gl~r,k --J:~ ;>L...,,<. ~ .....~;~.'" - C :.., l.~' .,~} ~~LIfY ;Clerk _ ~es fp .u:;,t('&t}i.trj'4n ' s s-t~turt '~}y;.., .,;"'" - j" "'. ..' -~' Approve&as to -mf8'ifJ;;J and legal suTftHfe~'cy: . i:tL- ~ U~ Reidi F. Ashton Assistant County Attorney BOARD OF CO NTY COMMISSIONERS COLLIER CO Y, FLORIDA/ _ BY: ~ c:r~ na Fiala, Chairman Signed, sealed and delivered SPRINT-FLORIDA, INCORPORATED -_. Name: R/fY';:'/}nl:c:...o . (Print or Type) ':;{t..~;) ~1kl,,, l~i'. LWITN, S$ (Signature . - I ~ i Name: L,.lr~~l: J: I-lEL.'''i L f~CiE,2.. (Print or Type) STATE OF: F) QV'ldCN COUNTY OF: :..Je-e.-. OR: 3669 PG: 3326 .. .., ~ Successor by merger to United Telephone Company of Florida P.O. Box 2477 Naples, Florida 34106 By: CL. ^;L-~ / 5/? /Ve'u07JI4'IC'V? J 111"'1 E>- f?... t... or:. ,rJ 14 /LI ,d The foregoing Subordination of Utility Interests was acknowledged before me this ::?\s+ day of S"-Q.~\'~v-.."\'-o",<v , 2004 by ;;s;.,nrte-.>- .R LOI<M1'lAhV , as S';f( #'E &-~ T n~ Ii> /~ on behalf of SPRINT -FLORIDA, INCORPORATED, successor by merger to United Telephone Company of Florida, who: X is personally known to me OR who has produced (affix notarial seal) ~ ~ Sylvie Miller :..~ j My Cornmiuion 00185548 "'011" Expiru December 13, 2006 as proof of identity. _5\~~~~ (Signature f Notary Public) C;;-~I~'j~ \"f\\ \ \~Y (Print Na e of Notary Public) NOTARY PUBLIC Serial/Commission #(if any).J)b 1(,.,554 Cf My Commission Expires: ':J -T' \ 3 -0 lo *** OR: 3669 PG: 3327 *** -.,". EXHIBIT" A" The South 15 feet of the North 52 feet of the West 5 feet of the East 55 feet of Section 5, Township 47 South, Range 29 East, Collier County, Florida.