Agreement - Folio #00297320001 160 0
PROJECT: Palm Springs Park
VB BTS II, LLC (Eco-Site)
Site Number: US-FL-5470
Folio No.: 00297320001
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between COLLIER COUNTY, a political subdivision of the State of
Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112,
(hereinafter referred to as "Grantor"), and VB BTS II, LLC, a Delaware limited liability
company, whose mailing address is 750 Park of Commerce Drive, Suite 200, Boca Raton,
FL 33487 (hereinafter referred to as "Grantee").
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations.)
WITNESSETH:
WHEREAS, Grantee has requested that Grantor convey to the Grantee a non-
exclusive Access and Utility Easement (the "Easement") for the purpose of ingress and
egress, and, if applicable, installing, operating, maintaining, inspecting, repairing,
replacing and/or removing underground fiber lines and related equipment and materials
for Grantee, its heirs, personal representatives, successors, assigns, lessees,
sublessees, licensees, customers, agents, and any other party claiming by or through
Grantee, 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, Grantor desires to convey the Property to Grantee for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Grantor recognizes the benefit to Grantee and desires to grant an
Access & Utility Easement to the Grantee for the stated purposes, on the terms and
conditions set forth herein, said terms including that no compensation shall be due and
payable for the Property requested by Grantee; and
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. Grantor shall convey the Access and Utility Easement to Grantee at no cost to the
Grantor, unless otherwise stated herein.
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2. Grantee presently has Site Development Plan (PL20210000655) under review
with the County's Growth Management Review. As consideration for the grant of
this Easement, Grantee shall construct all improvements depicted on the approved
Site Development Plan, incorporated herein by reference. The Easement shall
become null and void if Grantee fails to complete all improvement to the Site
Development Plan. This clause shall survive the closing of this Easement.
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 later date of either 1) Grantor
executing this Agreement or 2) the County's Growth Management Review
approves PL20210000655, whichever is later.
4. Grantee is aware and understands that this Agreement is subject to the
acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
5. Grantor 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 Grantee; that the Grantor
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be conveyed to the Grantee, that
the Grantor 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 the
Easement.
6. The Grantee shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, 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 shall be borne and paid by
Grantee. The cost of a title commitment, if requested and/or necessary, shall be
paid by Grantee.
7. 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.
8. Conveyance of the Easement by Grantor 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.
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9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the Grantor and Grantee has caused these presents to
be executed as of the date a . A I°IQ I L 2 5 TH , 2 oZ 3.
AS TO GRANTOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: f \/0jj ._. By:
Attest as to Chairman's'
►�ep Cler Rick LoCastro, Chairman
signature.oply
AS TO GRANTEE:
fr.) VB BTS II, LLC,.a Delaware Limited Liability
Witness #1 Signature Company
Witness #1 Printed Name 3 By:
rKIL Daniel Marinberg, Sr. Vice President
Witness #2 Signature
El1X�Ql('C)�'L�) Dated: a ���
Witness #2 Printed Name
App ved as to form and legality:
010
Derek D. Perry Assistant County Attorney �X1/43
nJ`
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EXHIBIT "A"
IINIVAINSiftitti Die THIS SKETCH S NOT A SUF1VEY
SURVEYORS&MAPPERS' SHEET 1 OF 2
18815 ANNELIS DRIVE,LUTZ,Pl.33548
PHONE(813)909 2420
PROFESSIONAL SURvEMS d MAPPING CE1►DFlCAIE CF AVTNORIZA110W:
LB 7186,STA1E OF FLORIDA
SKETCH AND DESCRIPTION
NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT
SECTION 34 — TOWNSHIP 49 SOUTH — RANG 26 EAST
DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF TRACT A, PALM SPRINGS ESTATES UNIT NO. 1, AS RECORDED IN PLAT BOOK
8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT A;
THENCE ON A GRID BEARING OF 588'45'50"W ALONG THE NORTH LINE OF SAID TRACT A. A DISTANCE OF 251.38 FEET
TO THE POINT OF BEGINNING;
THENCE 501'14'10"E A DISTANCE OF 30.00 FEET TO A POINT ON A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH
THE NORTH LINE OF SAID TRACT A;
THENCE N88'45'50"E ALONG SAID PARALLEL LINE, A DISTANCE OF 220.93 FEET TO A POINT ON A LINE 30.00 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF SAID TRACT A;
THENCE S00'23'50"E ALONG SAID PARALLEL LINE, A DISTANCE OF 291.94 FEET;
THENCE S17'20'00"W A DISTANCE OF 135.71 FEET TO A POINT OF CURVATURE OF A NON—TANGENT CURVE CONCAVE TO
THE SOUTHEAST, SAID ARC BEING THE SOUTH LINE OF SAID TRACT A AND THE NORTH RIGHT—OF—WAY LINE PALM LAKE
DRIVE (PUBLIC RIGHT—OF—WAY), A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF
511'17.02"E;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG SAID SOUTH LINE OF TRACT A AND
NORTH RIGHT—OF—WAY LINE OF SAID PALM LAKE DRIVE, HAVING A CENTRAL ANGLE OF 49'36'28" AND A RADIUS OF
60.00 FEET FOR AN ARC DISTANCE OF 51.95 FEET (CHORD BEARING = 553'54'44"W AND CHORD DISTANCE = 50.34
FEET) TO A POINT ON A NON—TANGENT LINE:
THENCE N17'20'00"E A DISTANCE OF 171.46 FEET TO A POINT ON A LINE 60.00 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF SAID TRACT A;
THENCE NOO'23'50"W A DISTANCE OF 231.45 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE
SOUTHWEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 90'50'20" AND
A RADIUS OF 25.00 FEET FOR AN ARC DISTANCE OF 39.64 FEET (CHORD BEARING = N45'49'OO"W AND CHORD
DISTANCE = 35.61 FEET) TO A POINT OF TANGENCY, SAID TANGENT LINE BEING 60.00 FEET SOUTH OF AND PARALLEL
WITH THE NORTH LINE OF SAID TRACT A;
THENCE 588'45'50"W ALONG SAID PARALLEL LINE, A DISTANCE OF 195.12 FEET;
THENCE NO1'14'10"W A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT A;
THENCE N88'45'50"E ALONG THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING:
SAID PARCEL OF LAND SITUATE WITHIN COLLIER COUNTY, FLORIDA CONTAINING 20,761.69 SQUARE FEET, MORE OR LESS
CERTIFICATE
THIS IS TO CERTIFY THAT THE SKETCH SHOWN HEREON AND THE ATTACHED DyU1lr sgneoa asdam
DESCRIPTION IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE Parise
AND BELIEF AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER CERTIFY oa Aor0000 000e-aas �
THAT THIS SKETCH AND DESCRIPTION WAS COMPLETED IN ACCORDANCE WITH 00007Deam ws,mSPon*
THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING STATED IN Dxr Adobe Atobe AA519i d'OC
roWt DC version:
RULES 5J-17,051 THROUGH 5J-17.053 OF THE FLORIDA .ADMINISTRATIVE CODE, 7r:',1soasacK2
PURSUANT TO FLORIDA STATUTES CHAPTER 472.027.
SEE SHEET 2 OF 2 FOR EASEMENT SKETCH WILLIAM S. PAYNE
REvISIONS DATE Br PROFESSIONAL SURVEYOR AND MAPPER AILS 5685
*SP CONSULTANTS, INC., *t..87188
DATE OF SKETCH DPAWN BY CHECKED EiY FILE NAME
06/15/2022 WSP WSP PSP—EASE
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irag /ix THIS SKETCH R9 NOT A SURVEY
SURVEYORS&MAPPERS SHEET 2 OF 2
18815 ANNELIS DRIVE,LUTZ,FL 33548
PHONE(813)909-2420
PROFE551CNAL SURVEITJG a MAPPING CERTIFICATE CF 411110PIZATIOH:
LB 7188.STATE OF FLORIDA
SKETCH AND DESCRIPTION NORTH
NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT SCALE. 1' = 80'
SECTION 34 - TOWNSHIP 49 SOUTH - RANG 26 EAST BEARINGS ARE GRID
7D :a4
LEASE AAEA� ems'1'4,4/irEO � P.O.C.
N.W. CORNER Z/atir,FN eiht- C�-.Sg 1$ NON—EXCLUS�YE
AND
rTRACT A N88'4 00! v00 B. D AcCfSS y� �.'� UT7LCESSEASEMENT
/- €�!1CCU5/uE N.E. CORNER
/ AC ESS AND /r-
629.OB' TRACT A
frJJuflUTYEAsETME7wa3W.AO30'E�.Sa/ek -T 588'45 50'W l,f— 251.j9' .•
` f °u'Ti ;\ �N88'a5'5O'E $ „!„220-4.-, -y N.£ CORNER
I "'rtt I.n `,mar.: i..N 1 F THE S.N. i 4
IS88'45'S0"W' --0.cr. {
\ r t � SECTION 3� 495 R26E
_I _ 195.12' _t 1_.�
L Noan4 UNE �" . '�
OF THE S.w. 1/4 a w 0 ,' D=90'50'20 J )
SEC77ON 34, T495, R26E ..O o O , R=25.00' l ;�12 (
O 6j C)7 L=39.64' [ '
;r to - I (' CB=N45'49'00"W ( O,I in4 I
r o l , CD=35.61 �4 I �+1 a oe
o V) r `C. I o`- on
MW-EXCLUSIVE x ,��,"' ' 1 1 i
w ,�0 E,.S�P5�hSj �1 16G, «`.
ACCESS AND %115' `0''c0°
UTIL/TYEASEMENT 01' ''I'`Osv B� 30
(20,76'.IN SOCAPE x7_ - t R 4►U`� 'i I LEGEND
TRACTA 70 3I - I Iz P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
PALM SPANOS PAF#C o :'II `v CC.R. COLLIER COUNTY RECORDS
lilt °I R W RIGHT-OF-WAY
PALM SPRINGS ESTATES UNIT NO. 1 NI in O.R. OFFICIAL RECORD
PL.ATB+OOIK8,, PACiE24 C.CR g1 DI D DELTA (CENTRAL ANGLE)
OWNER.• COLDER COUNT, Z 0 i ) R RADIUS
PARCEL ID: 6567O 4-3C^3 I I w r I CB CHORDSNGTH BEING
STRAP: ,535900-4-'1.
"'' CD CHORD DISTANCE
jili
NON-EXCLUSIVE v-/ ^I W 4Y
ACCESS AND I L.
.
UTILITY EASEMENT � g
;.(..,p':59 }.i.. .7.: .`) / 81 ,cv N
D-49'36'28" Rif o// -I :I
R=60 00' o 0
L-51.95'--- Pi/ N/
CB-553'54'44'N 'I -I
CD=50.34' 2/ ,.,
SOu7, L/E lA
TRACT A
_ �- BEARING NOTE
.0.�n- R/h LINE---- vo{'.-- 6� THE BEARINGS SHOWN HEREON
$� o PALM LAKE DRIVE ,,,I ARE GRID AND ARE RELATIVE TO
I — THE SOUTH LINE OF THE
(60'PuBLIC R/W) NORTHWEST ONE-QUARTER (1/4)
so,.:-N o.',v _.VE-.
. L L _ _ OF SECTION 34, TOWNSHIP 49
/�
SOUTH,NT RANGE 26 EAST, A GRID
// COUNTY, FLORIDA, HAVING A GRID
REVISIONS N BEARING OF N88'45'50"E.
, DA1E CF SKETCH DRAWN By CHECKED BY FILE NAME
06/15/2022 WSP WSP PSP-EASE
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