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Heritage Bay Easment (Tracts A,J,K & M) \^'~ This instrument was prepared without opinion of title by and after Recording return to: 4133754 OR: 4333 PG: 4188 RICORDID in OFFICIAL RICORDS of COLLIIR COUNTY, FL 01/19/1008 at 10:59AM DWIGHT I, BROCK, CLBRK REC FEE DOC-.70 coms 69.50 ,70 8.00 Paul K. Heuerman, Esq. Roetzel & Andress, A Legal Professional Association 850 Park Shore Drive Trianon Centre - Third Floor Naples, Florida 34103 (239) 649-6200 Retn:PROJ: 60018 TRANSPORTATION INTBROmCE MARGARET KREYNUS (Space above this line for recording data) STORMWATER TREATMENT AND STORAGE EASEMENT THIS STORMWATER TREATMENT AND STORAGE EASEMENT ("Easement"), is made this d:.iIJL day of - , 2008, by Collier County, Florida, a political subdivision of the State of Flori a ("Grantor"), to Cameron Partners, LLC, a Florida limited liability company, whose mailing address s 11586 Quail Way, Naples, Florida 34117 ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain parcel of real property more particularly described as follows: Tract R-4, Heritage Bay Commons, as recorded in Plat Book 43, Pages 46 through 54, of the Public Records of Collier County, Florida ("County Property"); WHEREAS, Grantec is the owner of that certain parcel of real property more particularly described as follows: Tracts A, J, K and M, Heritage Bay Commons, as recorded in Plat Book 43, Pages 46 through 54, of the Public Records of Collier County, Florida ("Grantee Property"); WHEREAS; Grantor and Grantee entered into that certain Developer Contribution Agreement dated December 12,2006, and recorded December 29,2006, in Official Records Book 4162, Pages 2725 through 2738, inclusive, of the Public Records of Collier County, Florida, in which it was agreed that the Grantor would grant to Grantee, its successors and assi[,'l1s, a water management easement for one quarter of one acre for treatment and storage of stormwater from the Grantee Property; WHEREAS, Grantee desires to develop on the Grantee Property approximately 50,000 square feet of office space and 45,000 square feet of retail space (collectively, the "Grantee Development"); and WHEREAS, Grantor desires to grant to Grantee a penmanent, non-exclusive easement through, over, under and across a portion of the County Property as more particularly described on Exhibit "A" (consisting of 2 pages) attached hereto and incorporated herein ("Stormwater Easement Area"), for the OR: 4333 PG: 4189 purpose of providing underground and above ground stormwater drainage and retention, drainage infrastructure, storage attenuation and positive outfall adequate to serve the Grantee Development on the Grantee Property ("Easement Purpose"). NOW, THEREFORE, for good and valuable consIderation, the parties hereby agree as follows: I. Easement Grants. 1.1 Grantor hereby grants, gives and conveys to Grantee, its successors and assigns, a permanent nonexclusive easement through, over, under and across the Stonmwater Easement Area for the Easement Purpose, and for maintaining and/or repairing the Stormwater Easement Area to ensure the Easement Purpose; and 1.2 Grantor hereby grants, gives and conveys to Grantee, its successors and assigns, a permanent construction easement through, over, under and across the Stormwater Easement Area or any portion thereof for the construction and installation by Grantee, at Grantee's sole cost and expense, of storm water drainage retention areas, and related facilities including, but not limited to, drainage lines, pipes, collection boxes, head walls and other facilitics and equipment that may be from timc to time installed or constructed to ensurc the Easement Purpose ("Stormwater Management System"), which Stormwater Management System, if constructed, shall be constructed and installed by Grantee in compliance with applicable laws, regulations, orders and ordinances of the city, county, state and federal government, or any department or agency thereof. 1.3 Grantor hereby covenants, warrants and represents to Grantee that: (i) Grantor has good right and lawful authority to convey the easements established hercby; (ii) no person other than Grantor is in possession of the Stormwater Easement Area; (iii) Grantor will not execute any instruments that would adversely affect the Stormwater Easement Area; and (iv) no improvements have been made to the Stormwater Easement Area for which payment has not been made in full. These easements shall run with the land of the County Property and shall inure to the benefit of and shall be appurtenant to the Grantee Property. II. Prohibitions. 2.1 The unreasonable obstruction, in any way, of the Stormwater Easement Area is prohibited, including, but not limited to: (i) parking of any cars or trailers upon or otherwise blocking-off the Stormwater Easement Area; and (ii) the construction of any walls, fences, gates or other improvements which would obstruct access through or interfere with the Easement Purpose or Grantee's normal operation and maintenance of the Stormwater Management System. 2.2 Grantor hereby reserves the right for itself (a) to utilize the Stormwater Easement Area and (b) to grant such additional non-exclusive easements, rights, rights-of-way or other privileges over, across or under any or all of the Stormwater Easement Area as Grantor shall determine to be appropriate in its sole and exclusive discretion; provided, however, that any such other easements, rights, rights-of-way and/or privileges under this Paragraph 2.2 granted over, under or across the Stormwater Easement Area shall not unreasonably interfere with the Eascment Purpose or Grantee's normal operation and maintenance ofthe Storm water Management System. III. Maintenance ofthe Stormwater Manal!ement Svstem. 3.1 The Grantee shall at all times keep and mamtain the Stormwaler Easement Area m a clean, neat and working condition including, without limItation, the maintenance of the Stormwater 2 OR: 4333 PG: 4190 Management System located therein from time to time ("Easement Maintenance"). Any Easement Maintenance performed by the Grantee shall be performed in compliance with applicable laws, regulations, orders and ordinances of the city, county, state and fcderal government, or any department or agency thereof. 3.2 If either party (the "Breaching Party") fails to perfonm in a timely manner the maintenance obligation imposed by this Easement, or otherwisc breaches that party's obligations under this Easement, the other party ("Aggrieved Party") shall be entitled to notify the Breaching Party in writing specifying the deficiencies and the action required in order to eliminate the breach. Except in the event of an emergency, the Breaching Party shall have a period of fifteen (15) days after receipt of said written notice in which to correct the alleged deficiencies, or such longer period of time, not exceeding sIxty (60) days, as may reasonably be necessary if the defielcncy is not reasonably susceptible to cure within said fifteen (15) day period and provided that the Breaching Party commences corrective action within ten (l 0) days after receipt of said written notice from the Ag[,'fieved Party and thereafter diligently pursues corrective action to completion in a diligent and continuous manner. If the Breaching Party fails to commence and diligently pursue and complete the required corrective action as hereinabove set forth, then the Breaching Party shall be in dcfault of this Easement and the Aggrieved Party shall have, and the Breaching Party hereby grants and conveys, in addition to all other available rights and remedies, the right and authority and casement for such purposes on the part of the Aggrieved Party and such Aggrieved Party's employees, contractors and subcontractors to enter upon the lands and improvements owned by the Breaching Party in order to perform appropriate corrective action to eliminate the deficiencies spccified in the written notice from the Aggrieved Party. All costs, excluding legal fees and costs, incurred by the Aggrieved Party shall be paid by the Breaching Party to the Aggrieved Party. 3.3 Grantee may form a property owners' association ("POA") and thereafter assign all or a portion of its rights and obligations under this Easement to the POA, in which case the POA shall accept and be bound to the obligations so assi[,'l1ed. 3.4 Grantee shall defend, indemnify and hold Grantor harmless from all claims, losses, liabilities, actions, proceedings and costs (including reasonable attorneys' fees and costs of suit), including liens, and any accident injury or loss or damage whatsoever occurring to any person or to the property of any person arising out of or resulting from the construction, operation and maintenance of Stormwater Management System within the Stonmwater Easement Area performed on behalf of or authorized by the Grantee. VI. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or sent by registcred, or eertitied mail, return receipt requested, postage prepaid, addressed as follows: If to Grantor: Collier County, Florida, a political subdivision of the State of Florida Attention: Ellen T. Chadwell, Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34i 12 Phone: (239) 774-8400 Facsimile: (239) 774-0225 3 OR: 4333 PG: 4191 Ifto GRANTEE: Cameron Partners, LLC, a Florida limited liability company Attention: Thomas C. Carollo, Manager 11586 Quail Village Way Naples, Florida 34117 Phone: (239) 860-2317 Facsimile: (239) 254-8309 With a copy to: Roetzel & Andress Attention: Paul K. Heuerman, Esquire 850 Park Shore Drive Naples, Florida 34103 Phone: (239) 649-6200 Facsimile: (239) 261-3659 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or teleeopier transmission, or delivery by overnight courier, or four (4) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via teleeopier or facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight Savings Time, whichever is then applicable) shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Contract, the attorneys for Grantee may directly contact Grantor and the attorneys for Grantor may directly contact Grantee. The respective attorneys for both Grantee and Grantor arc hereby expressly authorized to give or receive any notice, demand, request or to make any other communication pursuant to the terms of this Easement on behalf of their respective clients. The addressees and addresses for the purpose of this Section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. V. Parties Bound. This Easement shall run with the land of the County Property for the benefit of and as an appurtenance to the Grantee Property and shall be binding on the parties, and their respective heirs, successors and/or assigns. In the event that the Grantee Property is subdivided, all owners of such property shall be entitled to the benefits of this Easement and shall be responsible for the costs provided herein. VI. Amendment. This Easement may not be changed, modified or terminated, except in writing by an instrument executed by the parties hereto. VII. Severabilitv. If any term or provision of this Easement or the application thereof to any party, person or circumstance shall, to any extent, be declared invalid or unenforceable by a court of law, the remainder of this Easement, or the application of such term or provision to parties, persons or circumstances other than those to as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other terms and provisions of this Easement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Easement shall be valid and enforced to the fullest extent permitted by law. 4 OR: 4333 PG: 4192 VIII. Applicable Law. This Easement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules, and this Easement shall not be construed more strictly against one party than against another party merely by virtue of the fact that it may have been prepared by counsel for one ofthc parties, it being recognized that all parties hereto have contributed suhstantially and materially to the negotiations and preparation of this Easement. Venue for any legal action arising out of this Eascment shall lie in Collier County, Florida IX, Florida. Reeordinl!. This Easement shall be rccorded in the Public Records of Collier County, IN WITNESS WHEREOF, the parties have executed these presents as of the day and year first above written. Signed, scaled and delivered in the presence of: Grantor: Name: Collier County, Florida, a political subdivision ofthe State o?a . :::~. ToruJ~i/~ TItle: Chairman Name: APPROVED AS TO FORM AND: LEG, 2UFFIC~E~1 By u,,0 /~ ~i~~ei~ '(-~ ~ ~t:i ::~i ATTEST: , ~; ~~~,o.c. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) (i0 , 2008, hy of said political ent was acknowledged before rne this _ day of ,as Title: Collier County, Florida, a po . I subdiVIsion of the State subdivision of the State of Florida, who is personally kno as identifica of ' nda, on behalf of e, or ( ) has produced Notary Public Name: (Print or My Commission Expircs: ~ 5 OR: 4333 PG: 4193 Grantee: Cameron Partners, LLC, a Florida limited Ii company ~ By: Print ame: (u.../~ w. <9&<~;~ '.. ( 'ill."- ..~, /"'([/j"H'I<..)!, Print Name: ":;:>/C,/j-t' I. /\-~ '/I "l"" J{. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this :,Ie (J'day of if: In,, i, /'CI , 2008, by THOMAS C. CAROLLO, as Manager of Cameron Partners, LLC, a Florida limited liability company, on behalf of said limited liability company, who (~1'is personally known to me, or ( ) has produced as identification. ..: lA~.:' :'.,dlJf:'STATE OF FLORIDA 'h;,,~, .,,' Dian..: L. Komoroski '1,',1', ~ Comm'ssion #DD3692611 \"{/I., Expires: NOY. Oil" ;;008 -;;'-1 ""j';: .,- .:r '..;.H:~;:.'\': CO.Illi;;, ,x l (/ AA- }C I). )'1(, (, )~ N6tary Public Name: (Print or Type Name) My Commission Expires: 547288 v_02 \ 111708.0007 6 OR: 4333 PG: 4194 EXHIBIT A LEGAJ~ DESCRJPTION OFFSlTE DRY RETENTIO"l BASTI\i PORTION OF TRiI.CT "R-4' RERlTAGE BAY CO'v!:MO"lS Being a portion or Section 23, Township .18 SOUlh, R2ilge 26 East, Colher CounTY; Florida A parcel of land behlg a portion of Tract "R-4", Heritage Bay Commons, as recorded in Ph'il Book 43, pages 46 through 54, oftne Public Records of Collier County, florida, and being a portion of Section 23, Tov,"l1ship .18 SOL:!n, Range 26 East, Colher County, Florida, being more P2irticuJ3rly described as fonaws: CO!v[MENCE at the Southwest comer of said Tract ''J'', as described in the aforementioned Plat of Heritage Bay Commons; thence along the \VeSl line of said Tract 'T\ also being the East right-of-v.'ay line of the aforementioned Tract "R-4", N.00'50'35"W, 150.00 fCE! to the POTI\iT OF BEGTh"'L\G: thence S.89'09'25"W., 58.00 feet; thence "I.00'50'35"W., 267.27 feet; thence '\1.89009'25"E., 58.00 feet to 3-.,') intersecTion with tbe aforeDlentioned \\lesT line afTract "r'; tbence along said \Vest line S.00'50'35"E., 267.27 feet to the POTI\iT OF BEGG'1Th'G. 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