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Frank Dewane Easement Agreement PROJECT: Improve Access to Lift Stations FOLIO: 55450960004 and 55451000002 Prepared By: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail EASEMENT AGREEMENT Naples, Florida 34112 (239) 774-8400 THIS EASEMENT AGREEMENT (herein fter referred to as the "Agreement") is made and entered into on this d.'l day of , 20OS, by and between FRANK J. DEWANE, as Bishop of the Dioce of Ven' ,Florida, a Corporation Sole, whose mailing address is 1000 Pinebrook Road, Venice, Florida 34285, (hereinafter referred to as "Owner"), 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 Access Easement for the purpose of 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; and 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 an Access Easement to Purchaser for the sum of Four Thousand and No/100 Dollars ($4,000.00) 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. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andlor 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. 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. EA.UE Easement Agreement Page 2 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 Purchaser; 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 Purchaser; 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 shall 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 andlor fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s), if any, recorded against the land underlying the Property from the mortgagee(s), including any apportionment of the compensation that may be required by any 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, andlor 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. If the Owner holds the land underlying the Property 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 land underlying the Property before the Property 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. EA.UE Easement Agreement Page 3 IN WITNESS W,HEREOF, the parties hereto have executed this Agreement on this ~q day of ~~'" ' 20CB. (j U AS TO PURCHASER: DATED: /~t?1-()e, .c! BOARD OF COUNTY COMMlS510NE~S \' " OF COLLIER COUNTY, F/..ORIDA, AS, ". THE GOVERNING BOD'{OF COLLIER' COUNTY AND AS Ex-oFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WA ER-SE ER DISTRICT " .' ATTEST: DWIGHT E. BROCK, Clerk Atte~~s ~o..i~:D s19114tlM"t (lAl~. BY: T"rY'l He.rm(f AS TO OWNER: DATED: / / - 2 6' - 0 7 // FRANK J, DEWANE, as Bishop of the Diocese of Venice, Florida, a Corporation Sole (Signature) Name: fft"j/,,z,'C), /#,f"/(/9n; _ (Print or Type) tfJ~ J ll{~ Witn s (Signature) Name:Mmvl,Y JECf/liLr (Print or Type) Smeryk, his Att rney In Fact Approved a. to form & legal sufficiency ~rIQ~ ,Cou nty' t rney EA,UE >- z w :::;; w Ul L5 -' -< Ul S< -< 0. . 000 ",U'lW >-Wro >-~C2 dO-~ -' w co cOo <-Y::J 00", zO<c <cro..J ::> r-';iS< ~..J>- 0.'" " -< ozo. 0- -' w roo", wo zO:::;; -'" ",O<f Z~D }=O::O:: -' 0 Ul-' O-<LL Z :"j..:r:- LL>-Z OZ:J ::>0 ...J U.. W ~. VJ U(f)O::::~ a::~~O <(<(---1---1 a..1--...J...J UlOO <(wUli.. Ul Ul W o o -< LL o Z o F 0. [i" o Ul W o ~ N ~ a o N w -' -< o Ul <ii w >- o z u: o w '" W I >- Ul -' -< :::;; u r-= w i3 o :::;; o0W ~~~ ~ZW >-~:::;; W,-,:::;; WWO LLroO ZLLLL -00 W Si~~ (f)oi5 Zo.o. 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