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Easement Agreement - iSTORAGE PO, LLC PROJECT: I-75/Collier Boulevard Utility Relocation Project FOLIO: 76885050652 Accepted by BCC pursuant to Resolution 2019-126&CWS Resolution 2019-03 Parcel: 904 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 4-t day of 4 I , 2020, by and between iStorage PO, LLC, a Delaware limited liability company, whose mailing address is 8400 East Prentice Avenue, 9th Floor, Greenwood Village, CO 80111, (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, (hereinafter referred to as "County"), whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112. WHEREAS, County requires a perpetual, non-exclusive easement for water utility facilities and maintenance purposes over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey an 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, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement to County for the sum of$1,600.00, 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. 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 County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) days from the date County executes this Agreement; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. At Closing, County shall deliver the county warrant to Owner and Owner shall deliver the conveyance instrument to County in a form reasonably acceptable to County. Easement Agreement Page 2 4. Owner is aware and understands that the "offer" to purchase an easement represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that to Owner's knowledge, the property underlying the Easement, and all uses of the said property, have been and presently are in material 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 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 County, 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 County against and from, and to reimburse 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 County 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. County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida and all other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments. Owner shall be responsible for paying any 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). The cost of a title commitment shall be paid by County. County shall pay all costs and expenses of constructing, installing, and maintaining the utility line and using the Easement, including, but not limited to, permit fees, filing fees, engineering review and expenses, testing and inspection fees, construction costs, restoration and/or repair costs and expenses, and attorneys' fees, costs, and all other expenses arising in connection with or associated with the Easement and this Agreement. 8. In exercising the rights granted under this Easement, County shall at all times (i) exercise due care and ensure that all work is completed in a commercially reasonable, appropriate, professional, and workmanlike manner using top-quality materials, (ii) not unreasonably interfere with, disrupt, or delay any business being conducted on the property, (iii) not obstruct any driveway or any other access to or from the property, by Owner or any occupant or tenant of the property and their Easement Agreement Page 3 respective employees and invitees, (iv) repair any damage to the property resulting from County's construction, operation, reconstruction, installation, replacement, removal, repairs, alterations, maintenance, inspection, and use, and (v) restore the property to its original condition prior to exercising such rights under this Easement, normal wear and tear excepted. 9. At all time when work is being performed on the property, County shall require its contractors, employees, and agents to carry workers' compensation insurance (at the statutory limits) and comprehensive general liability insurance (in the amount of $1,000,000 per occurrence and with Owner named as an additional insured). The workers' compensation policy and general liability policy shall include a waiver of subrogation against Owner and its subsidiaries and affiliates and each of their respective agents, directors, officers, employees, servants, and insurers with respect to the work and services being performed under this Agreement. 10. Subject to the limitations of Section 768.28, Florida Statutes, County hereby indemnifies, defends and holds Owner and its agents, successors and assigns harmless from and against any and all loss, liability, expense, claim, damage or causes of action incurred by Owner (including reasonable attorneys' fees) arising out of or relating to the acts or omissions of County, its agents, employees, representatives, licensees, invitees, and/or any other person under County's control or acting at County's direction, its successors and assigns, upon or relating to the subject Easement Area, except for such loss, liability, expense, claim or damage caused by Owner's gross negligence or willful misconduct. 11. County acknowledges that Owner's improvements, including but not limited to pavement, concrete, parking, drive aisles, curbing, sidewalks, and fences, in existence as of the date hereof may remain and same may continue to be used, maintained, repaired and replaced by Owner and its successors and assigns. In addition, Owner and its successors and assigns may use the surface of the Easement so long as said use does not unreasonably interfere with the rights herein granted. 12. 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. 13. 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. 14. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative Easement Agreement Page 4 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 County, 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.) 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. [Signature page follows.] Easement Agreement Page 5 IN/WITNESS WHEREOF, the parties hereto have executed this Agreement on this 4.-11,‘ day of A \ ` , 2019. Date Easement acquisition approved by BCC: July 9, 2019 Agenda Item # 16C11 AS TO COUNTY: DATED: ,riV , llic, ,\` , , :t ;,,,,,. t ATTEST: BOARD OF COUNTY COMMISSIONERS ' CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA, AS THE ,,,14,4/,, f,,, GOVERNING BODY OF COLLIER °.t •• ''�' COUNTY AND AS EX-QFFICIO THE {. GOVERNING BOARD O ;THE COLLIER `.$ COUNTY W TER-SEWER D.ISTRtCT ..` ,, ,ttestaStoC'.1# ty Clerk :;��s:l,‘��. v ,.. .ide•-e.4600-. Van c BY: n�'�Mt ,�ti�,;a� Burt L. Saunders, Chairman (Signatures continued on next page) AS TO OWNER: DATED : Easement Agreement Page 6 AS TO OWNER: DATED : 14li/- iSTORAGE PO, LLC, a Delaware limited Witness(Signature) liability company RAS Kc. � Nam, - '•torT pe) Name: Tamara D. Fischer fitness signature) Its: Authorized Person Mme(Print o ,pe) Approved as to form and legality: • v9-O Jenn A. Belpedio, 'stint County Attorney ay? ry 0 LEGEND i PARCEL ONE 1 PARCEL TWO I /"N89'56'16 E 5.00' AE. ACCESS EASEMENT (! CUE • COUNTY UTILITY EASEMENT D = DRAINAGE EASEMENT DISC.• DESCRIPTION w FPhI . FLORIDA POWER&LIGHT COMPANY H t �` OR a wick RECORDS BOOR E w u 6 a PB PUT BOOK PC • PAGE t IL POD • POINT OF BEGINNING r Porte•,,,.,��„�� P00 = POINT OF COMMENCEMENT 0 Q Kty� o W F� DESCRIPTION -4 U A TRACT OR PARCEL OF LAND LYING IN TRACT 11 AND TRACT B-II TOLLGATE ORIVE TOLLGATE COMMERCIAL CENTER PHASE TWO AS RECORDED IN PLAT BOOK 18, PAGES 23-24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS TRACT 14 COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 17 THENCE N 89".56.16-E ALONG THE SOUTH LINE OF SAID TRACT 11 FOR 15 00 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 15 FOOT WIDEN q COUNTY UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK we 3844, PAGE 2445, SAID PUBLIC RECORDS AND THE POINT, OF oW BEGINNING OF THE HEREIN DESCRIBED PARCEL, g I-) 0 V41,46 THENCE N.00'46'58'E, ALONG THE EAST LINE OF SAID COUNTY — -+-5' WCC UTILITY EASEMENT FOR 538.06 FEET TO INTERSECTION WITH THE A W g NORTH LINE OF SAID TRACT 11, -0w ' V THENCE N.8.9•56.161-. ALONG SAID NORTH LINE FOR 5 00 FEET. • 1- THENCE 5.00'46'58'W., DEPARTING SAID NORTH LINE FOR 598.07 a FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT B-Il ,.3 vv, TOLLHOUSE DRIVE; vi g W• n THENCE S 89'56'1619 ALONG SAID SOUTH LINE FOR 5 00 FEET TO THE SOUTHEAST CORNER OF SAID 15 FOOT WIDE COUNTY UTILITY e w EASEMENT. v ,,,�, O THENCE N.DO'46'58'E.. ON THE EAST LINE OF SAID 15 FOOT WIDE z COUNTY UTILITY EASEMENT FOR 60.01 FEET TO THE POINT OF �t7o'MAL EASEMENT BEGINNING OF THE PARCEL DESCRIBED HEREIN; Pe Ia.PC 23 ----\.. ; O CONTAINING 2,990 SQUARE FEET OR 0.07 ACRES, MORE OR LESS I I o BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE SOUTH LINE I I i n OF SAID TRACT I1 TO BEAR N.89'56"16"EI ' h -.. .f 15'C.U-E. OR 3844.PG 2445 U U NOTES: 1. THIS SKETCH IS NOT A SURVEY. , j 2 THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS I"' 20' D E AND A E In TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE PB IS, POI IN SUBJECT PARCEL H TRACT 12 J t� IS'DE AND UE raj OR 2675.PG 2705 U OR 3464.PG 2852 � z Lu 1 �ti U 4 5a il 1 POC DES.. 2 SR CORNER OF 2 TRACI II ----J— — —LJ--J--- W `' -N- imodN89'56'16'L 15.00.+ TOLLHOUSE DRIVE 6 8 0 PO8 OEM. TRACT&11 z m re 0 30' 60' 120' — — i — O3. NO'!6'SBE 6001' (P8 REPLACED SP EASEMENTS 0€614 J ih SCALE: 1" = 60' PER°o 76MTH 7 PGA 2705 - ANO OR 3464,PAGE 2552) TRACT 9 4 I TRACT 10 W 5'CUE 'NOTA SURVEY'OR 3927.PC 3158 , —589'56'I6'1V 500' OV SKETCH AND DESCRIPTION DRAWN BY: YID I 5'WIDE COLLIER COUNTY UTILITY EASEMENT CHECKED BY: CRS O LYING IN TRACT 11 AND TRACT B-II JOB CODE ccu252 TOLLGATE COMMERCIAL CENTER PHASE TWO) SCALE: 1'•ad 0 PLAT BOOK 18,PAGES 23-24 DATE 1212512018 a SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST FILE. ccu2s7 COLLIER COUNTY,FLORIDA • SSHA%`E�ETT:• D I OF I h 0.Grady Minor and Aaaoelatea.P.A. �'.�, 0 ' tV.l © GradyMinor 3800 VIa Del Rey .•A`,.L' rest .tb,-...,1+ Bonita Springs.Florida 34134 '" Nc E-55 T. 4 • Y Civil Engineers . Land Surveyors . Planners . Landscape Architects :k C,�r ., ,•' Crit of Attn.EB 0005121 Cert.of 6,88 IR O(NIS 151 IYalnroo LI:24455)265 _ Cr � .TS' I/_'OE9AIEL'P 5w 9 Bonita Springs: 239.947.1144 www.GrsdYMIaor.com Fort Myers: 239.690.4380 ',,.-0,..''eirnru ib7,10, r 1Lrgp, ~,r Ttll lilt, U