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P.S. 308.10 PROJECT NAME: Basin 308 Pump Stations P.S. 308.10 Tax Identification#61842200007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ` day of OC# , 2020, by and between DH SQUARED PAROPERTIES, LLC, a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is 1441 Ridge Street, Naples, FL 34103, 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 Two Thousand Four Hundred Seventy Five and 00/100 ($2,475.00) 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 0 Easement Agreement Page 2 Agreement pending receipt of such instruments, properly executed, which either remove, 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. 0 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this blob day of c _e_ ynt. � 2020. Date Easement acquisition approved by BCC: / 2-/- /— ZOz6 AS TO PURCHASER: DATED: 1 a— "a-a--"ao 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 tad, 0 `4-(0 C . BY: Deputy Clerk BURT L. SAUNDERS, Chairman (SIGNATURES CONTINUE ON FOLLOWING PAGE) Easement Agreement Page 4 AS TO OWNER: DATED: It 112! 2.6 2,b DH SQUARED PROPERTIES, LLC a Florida limited liability company orcial1k_W Sign ture �1 By: V��Y4o h -e4-1 k e Print Name: v O Its: Null iry-wyir ness Signature (� Print Name: j 1 'icb' Approved as to form and legality: oa Jennifer . elpedio, Assistant County Attorney 0,7'?� C6` 0 f NOTES GRAPHIC SCALE 1. This is not a survey. 0 10 20 40 2. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full ( IN FEET ) and accurate title search. 1 inch = 20 ft. 3. Unless otherwise indicated, all existing easements shown hereon are based on plat. 4. Not other persons or entities other than those listed as exclusive users may rely on this sketch & description. s 5. All dimensions are in feet and decimals thereof, unless otherwise noted. 6. Subject to easements, reservations, and restrictions of record. STANFORD SQUARE CONDOMINIUM O.R. BOOK 2866 PAGE 680 PART OF LOT 124 NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO.2 PB1 PAGE 27A POINT N. PROPERTY LINE I COMMENCEMENT f 1 o.o0 Z W Ip0'S7'23'r OR°188EPG 326 E .N 16.00' lu I I _ PB. 59, PGS. 16-17 5, POINT N ao8N ^ OF a v, l BEGINNING .. N N89'48'39 E OR 3874 PG 2772 10.00' S89'5T23 16.00' COURTLAND PLACE 10.00 PART OF LOT 124 UTIL. ESMT. NAPLES GROVES AND TRUCK CO'S _ OR 1172 LITTLE FARMS NO.2 PG 1557 PB1 PAGE 27A EXHIBIT n JPAGE_ / OF -_ REVISION: For the Exclusive Use Of: 1. 12-2019 REVISED SUB PROJECT NAME ON PAGE 2 OF 2 Collier County Board of County Commissioners / SEYING� SKETCH & DESCRIPTION lly signeDavid J. HyattJJ..Igita HyattPSM#5834byDavid w7 PSM #5834 Date:2019.12.06 V _ ', I A Portion of Section 1 1, 08:07:52_05'00' , LOT 124 NG&TCLF, T 50 S R 25 E, David J. Hyatt, PSM, Florida License No. 5834 a ilillIJ--"-r Collier County, Florida Not valid without the signature and £ +)H , LIMITED TED LIEBIL ITV DCMG<MY original seal of the Florida Licensed MARCO SURVEYING & MAPPING WENT: Collier County Board of County Commissioners Professional Surveyor and Mapper 3825 BECK BOULEVARD PROJECT :l P461 SUB PROJECT. PS 308.10 Certificate of Authorization !l7705. SUITE 725 1r NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEEP if DRAWING NO. WMACOSUR 2 R O WW VEYS.COM CMM 3/2019 1" = 20' 17-331 1 of 2 1-0881 \ .. G � 1 LEGAL DESCRIPTION Being a portion of Lot 124 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in the plat there of in Plat Book 1 at Page 27 of the Public Records of Collier County, Florida. Being more particularly described as follows. COMMENCING at the northwesterly corner of those lands described in Official Records Book 3874 at Page 2772 of the Public Records of Collier County, Florida; thence run South 00'1 1'21" East, along the westerly line of those lands described in Official Records Book 3874 at Page 2772 of the Public Records of Collier County, Florida, for a distance of 22.00 feet; thence run North 89'48'39" East, for a distance of 10.00 feet to its intersection with the east line of those lands described in Official Records Book 1172 at Page 1557 of the Public Records of Collier County, Florida and the POINT OF BEGINNING. thence run North 00'11'21" West„ along the westerly line of those lands described in Official Records Book 1 172 at Page 1557 of the Public Records of Collier County, Florida, for a distance of 12.00 feet to its intersection with the southerly line of those lands described in Exhibit "B" of the in Official Records Book 1188 at Pages 326 through 329 of the Public Records of Collier County, Florida; thence run North 89'57'23" East, along the southerly line of said lands described as Exhibit "B", for a distance of 16.00 feet; thence run South 00'1 1'21" East, for a distance of 12.00 feet; thence run South 89'57'23" West, for a distance of 16.00 feet to the POINT OF BEGINNING. Containing 192.00 square feet or 0.004 acres more or less. EXHIBIT PAGE oL OF REVISION: 1. 12-2019 REVISED SUB PROJECT NAME ON PAGE 2 OF 2 I YIN SKETCH & DESCRIPTION Ni;?‘‘. , c A Portion of Section 11, iej t` H LOT 124, NG&TCLF, T 50 S, R 25 E, lle Collier County, Florida E UNITED LUMLI,CCMGANY MARCO SURVEYING do MAPPING CLIENT: Collier County Board of County Commissioners 3825 BECK BOULEVARD SUITE 725 PROJECT,}�:l P461 SUB PROJECT:_PS .308.10 NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO. www2MARCOSURVEYS.COM CMM 3/2019 1” = 20' 17-331 2 of 2 1-0881