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P.S. 308.08 (East Parcel) PROJECT NAME: Basin 308 Pump Stations P.S. 308.08 (east parcel) Tax Identification#70921400007 EASEMENT AGREEMENT THIS EASEMENT AGRE ENT (hereinafte eferred to as the "Agreement") is made and entered into on this /Z day of , 2020, by and between 1196 PARKWAY, LLC, a Florida limited liability co pany, (hereinafter referred to as "Owner"), whose mailing address is 2024 Harbor Lane, Naples, FL 34014, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of constructing, operating, maintaining, and repairing a pump station and related facilities 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 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 Eight Hundred ($800.00) U.S. Dollars, 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 Purchaser. 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. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; 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, C- Easement Agreement Page 2 release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. 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. 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 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 mortgage(s) recorded against the property underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 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 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. 2 IN TNESS WHEREOF, the parties hereto have executed this Agreement on this /J day of eA4obt° 2020. Date Easement acquisition approved by BCC: h/I3/Z6 Zd AS TO PURCHASER: DATED: �b'oL-aoaO BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA, AS THE CRYSTAL K. KINZEL, GOVERNING BOARD OF THE COLLIER Clerk of the Circuit Court COUNTY WATER-SEWER DISTRICT • 0.-.LAAAA BY: 4€4_,t,e-€0,1•40— kteSf a$„ 0�;�i'�, t �1'S puty Clerk BURT L. SAUNDERS, Chairman � signature only. (SIGNATURES CONTINUE ON FOLLOWING PAGE) Easement Agreement Page 4 AS TO OWNER: DATED: //4-y /Z, ZO& 1196 PARKWAY, LLC a Florida limited liability company fitness Signature r Nra �r cjAANK-*V-Ar\--eMA4A-A) By: J�N� � c Ec4nl r� l Print Name: i C— 4/9h Z a I e Z Its: ki1Ctina ILIA9(allejocialeiz,-. ness Signature Print Name: ho le, 400daKef' Approved as to form and legality: O Jennifer)A. Ipedio, A sistan oun y orney a\� c. Dt 0 c o CD (b 0 ° 0 0 C 0 - ]• Co 0 O Q ,J.,. , Cr-IQ I v) S. O p `< Q -, Z • U Q p 0 li X I X C , 0 J I O COI CO G1 Cr J n O •. O 0 ° 0 0) � -I � Q� J z � CO�Oc70 rn Z p nl 00 0 .-,. O, m v c-p o o O Q0 O '_ •� _ -,, 0) r ,-,. O b n ' r•. -,, O ,- O —• 0I 1� !v 0 -` cocri O CO 0 o C (D. 0 rt 0 7 1 O , cp J T r^ rrl cc. 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