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Folio No. 36761280007 PROJECT: TAMIAMI (GOLDEN GATE) WELLFIELD SUSTAINABILlTY PROJECT NO.: 700661 FOLIO NO.: 36761280007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~~ day of ;;;:J:iu.'f ' 2007, by and between ROBERT D. BALLARD and ADDIE BALLARD, husband and wife (hereinafter referred to as "Owner"), whose mailing address is 3811 ylh Avenue SW, Naples, Florida, 34117- 4153, 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 "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of utility facilities, and access, to, over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property 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 Property; 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 Property via a Utility Easement to Purchaser for the sum of Twenty-Four Thousand and no/100 Dollars ($24,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property 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 Property to Purchaser, including attorney's fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property 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. 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, release or subordinate 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 instruments to Purchaser in a form acceptable to Purchaser. EA-UE Easement Agreement Page 2 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 and all uses of the 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 except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. 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. The 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 recorded against the land underlying the Property from the mortgagee. 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. 9. Conveyance of the Property 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. This Agreement is governed and construed in accordance with the laws of the State of Florida. EA-UE Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ;;...~ day of .::!:UL-Cj , 2007. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: q/l/ld.-UY7- ATTEST: DWIGHT E. BROCK, Clerk \\.....flll;"" BOARD OF COUNTY COMNNS'SIONERS , . OF COLLIER COUNTY, F!:-QRiDA, AS THE GOVERNING BODYioF COLLIER COUNTY AND AS EX-O~FrCIO THE GOVERNING BOARD O~ THE COLLIER COUNTY WA TER-SEWE~ DISTRICT "\'.;' t ;)(; I ~\ '0 ,:'":- ','.I ............. 'I ' ~...... 1II11 J i Jj III \ \ ~ \ \ \ \. ~ ..2:~~i~' DC. .:; '-. '. . - u lerk .Attest. as.- . AS !C!~~h DATED:? /tJ../p / daD r- ~~6R~l (Print or Type) ~;?f $~~ Robert D. Ballard / Witnes Signat Name: lYe.. :JiM (Print or Type) ~ Name: ~('rL-) (Print 0 Type) ~ Name: Sue..Jl'fY1 7.:ifYInterrrClfj (Print or Type) ~ ~ a.c-()~ ...e -..c"_ ~ Addie Ballard Approved as to form and legal sufficiency: h ~ !/ (;(~kz.., Assistant County Attorney EA.UE 8 2 ~ f) ~ ~ ~ ~ ~ A z ~ ~ 0 en o rn .~ rn ~ ~ ~ ^ z )> SO ~ , -110 (Jl ~ ~ 0 N Z o m m ........ ~ t5 ~ o 0 ~ ~ m .... N o o ~ ~ " ~ ~ , II ~ J ~ III ~ ~; f ~ l . !!!!!I:!! ~ !! ,I' :hll :l i~. :i . m i~ r'\ I ( n "I Ii o . ~ r " " ~ , o ,. ~ ~ ~ >tl ~:>- >-3~ ttlo=! 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