Folio #64625000285 - Easement Agreement PROJECT Logan Blvd. FM
ADDRESS 2415 Logan Blvd
FOLIO No 64625000285
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this \ day of 2020. by and between OLDE
CYPRESS MASTER PROPERTY OWNERS SSOCIATION. INC.. a Florida not-for-
profit corporation (hereinafter referred to as "Owner"). whose mailing address is C/O
Alliant Property Management. LLC. a Florida limited liability company 13831 Vector
Ave Fort Myers. FL 33907. 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 has requested that Owner convey to the County a perpetual.
non-exclusive easement for utility purposes. including but not limited to installing a 12-
inch Force Main. operating. maintaining repairing 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 the Property 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 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 County for the sum of $2.350. 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 in
connection with conveyance of said Easement to County
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. Flonda
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
,
Easement Agreement page 7
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 acceptable to County
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.
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 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 the 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 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 5 This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
7. The County shall pay for all costs of recording the conveyance instrument in the
Public Records of Collier County. Florida All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes.
and recording costs for any curative instruments shall be borne and paid by
Owner Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination. Consent & Joinder of Easement of
the mortgagees) recorded against the property underlying the Easement from the
mortgagee(s) The cost of a title commitment shall be paid by County
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
Easement Agreement Page 3
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 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 ;
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on
this I I f` day of _ 2020 J
Date Easement acquisition approved by BCC v� iS.¢// _2020
AS TO COUNTY• • '
DATED' �
ATTEST' BOARD OF COUNTY COMMISSIONERS
CRYSTAL Kr. l(INZEL Cleo( COLLIER COUNTY. FLC1DA, AS THE
GOVERNING BODY .OF ` COLLIER •
COUNTY AND AS EX--9FFICIO THE
* eeLsAttpkCjr„ GOVERNING BOARD OF "k'iE GOLLIER..
COUNTY to/ATER_SEWER tifSTR(CT"
,Attest;as t 'Ch, tarE s
signature 4nlY BY
Burt L. Saunders Chairman
Approved in absentia per Resolution
2000-149 on ?- II•00
co
By:
Leo E. Ochs, Jr. o my Manager
Easement Agreement Page 4
AS TO OWNER:
DATED : Su/y 74, 202o
OLDE CYPRESS MASTER PROPERTY
OWNERS ASSOCIATION, INC.,
a Florida not-for-profit corporation
Witness(Signatur
me or T pe)
By:
t NEIL SELVIN, its President
fitness(Signature)
ame(Print or Type)
Approved as to form and legality.
Jennifer A. Belpedio, Ass nt County Attorney `a0
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