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Parcel 237RDUE (re-executed) PROJECT: 60168 PARCEL No: 237RDUE FOLIO No 37548240007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 10+'" day of YYl ~ ,2010, by and between JOHN J. BROUILLARD and ERIN L. BROUILLARD, husband and wife, whose mailing address is 140 12'h Avenue NW, Naples, FL 34120 - 2305, (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive right-of-way, drainage and utility easement to enter upon and to install and maintain roadway, bike path and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip- rap and retaining wall systems, underground pipes, various types of water control structures, the right to remove and use any and all excavated material, and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, and described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $10,477.50 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Owner shall also be entitled to an Attorney's fee in the amount of $500.00 payable to Bella Y. Patel PA Trust Account, for real estate services of Parcel 237RDUE. The Purchase Price shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3 Prior to Closing, Owner shall obtain a Consent of Lien Holder from Wells Fargo Bank, NA At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordahle form (hereinafter referred to as "Closing Documl?nts") on or before the date of Closing (a) Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and Page 2 (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of a properly executed Consent of Lien Holder from Wells Fargo Bank, NA At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6 Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. Page 3 (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) 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. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 7(h). The foregoing indernnity and hold harmless provisions shall not be enforceable against Wells Fargo Bank, NA Additionally, these provisions shall not be enforceable against any successors taking title to the property after foreclosure. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Consent of Lien Holder from Wells Fargo Bank, NA; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. 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. 11. 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 'mderlying the Easerr.ent befom the Easement held in such capacity is conveyed to Purchaser. (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) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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 Page 4 covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14. 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 the date first above written. AS TO PURCHASER: DATED .fjlv/;C ATTEST:. ("',c,r,,) DWIQhlT E. BR(.)\;:!$: Clerk hL~~,.,""":' D.(' ~'I. ;:"':"'1 C e,', . y, Clerk At.::r=" .:..... It i _,;>- > .,.;" AS TO OW ER:. DATED L. \?)"/D ~ (SignatJe)C::-~ '..J, 'r ",', n ~ ""T ::\;(' 0 ~))0 '" ~me (p~rt or :YP, e) , lU~J!l UfA. l'\.~ Witne s (Signature) ~\nct\G A\in(J Name Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY ., ..-.h .~ '>oJ ~ ~ FRED W. COYLE, Chairma~ '. ..J Jk~ Uk J N J. B UILLARD (1,2 .. _.(~~~ Witnes~ (SignafDre)/' ~'e' (~;i~t ';r' TY~~) '. \;-J <".k:. C' > '< ~./ t~d ERIN L BROUILLARD Approved as to form and legal sufficiency: ~~~ jSOUTH LINE OF i ~9' TF/ACT 1 1 :, 691 Op" 694 I , I I , I , I --- 12th AVENUE '-1-'1 f--r -,- NW N w+" WEST 150' OF TRACT 115 LENAHAN, KIMBERLY KAY OR 3810/1351 c- .0 , TRACT 11 0 BROUILLARO, JOHN J & ERIN L lEAST LINE, OF OR 4188/3111 WEST 150 OF II TRACT 11 5 TRACT 11 5 GOLDEN GATE ESTATES UNIT 19 PLAT BOOK 7, PAGE 78 &85 WEST LINE OF / I TRACT 115--..., --~r- - - --- ,/>;X?~' <>S:;-t (PoINT OF) _.\ :~~:>X^:~/><<~' l8EGINNING r- \ ,...J, ,;A, / .-' >'oj>'" ~ '., '/"-" -.,,< ,/ /"- /'- " "', / \ . "~// "<""'."."" 587 688 ",5~)J ').(",', "j9q~ PROPOSED PARCEL 237 ROUE 16,600 SQ. FT, \ VANDERBILT L4 BEACH ROAD I -~ E*HIBIT Jl. - p. I of L-__I~_---TRACT 131- I \ I I ~I-I ~f-- LL -otn lL -o(/) O~(jjL51 O~Vl~ w UJ w OJ ZZ"'t['.. I ZZo;;f-f'.. ::iQ N I :::JO N "I-I- Q" Wl-f- t= 0.- w LI18I0 (fJUI<..? i <U1~~ \ WtfiVlZ w 3:CY 3= ~~ o i 0 c- c- I I 1\ \_~_"__"\__ TRACT I ! I 1" -~ I I I 132- I I ---- ..- ---r-- - - I SQ. FT. ROUE OR 1)'"..../1 SQUARE FEET ROADWAY, DRAINAGE AND UTILITY OFFICIAL RECORDS (BOOK/PAGE) PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT EASEMENT r-- LINE L1 L2 L3 L4 LINE TABLE BEARING NOO'28' 48"W N89'31'10"E SO()"?8'4B"E S89'31'40"W LENGTH 110,67' 149,98' 110.69' 149.98' LEGAL DESCRIPTION (PARCEL 237 ROUE) A PORTION OF TRACT 115, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 115; THENCE N.oO'28' 48"W., ALONG THE WEST LINE OF SAID TRACT 115, FOR 11 D.67 FEET; THENCE N.89'31'10"E., FOR 149.98 FEET TO A POINT ON THE EAST LINE OF THE WEST 150 FEET OF SAID TRACT 115; THENCE S.00'28'48"E.. ALONG SAID EAST LINE. FOR 110.69 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 115; THENCE S.89'31'40''W., ALONG SAID SOUTH LINE, FOR 149.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 16,600 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 240 I 120 60 SCALE: 1"=120' BOARD OF COUNTY COMMISSIONERS VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE & PARCEL 237 RDUE UTILITY EASEMENT COLLIER COUNTY, FLORIDA JOB NUMBER 060119.00.00 REVISION I SECTION 1 TOWNSHIP I RANGE I SCALE I DATE 1 33 I 48S I 27E 1" - 120' 9-15-08 .) "i~Et!d!J!:::~, ~o SUR=OR FLORIDA REGISTRATlO~~~TlFI NO. 5~Ol SIGNING DATE: 7, NOT VAllO WITHOUT THE SIGNATURE &: ORIGI RAlS[() EMBOSSED stAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND l.IAPPER. D\XTA ""'=.", CONSULTING avil~ ..&. '"' '.A.. ... S~ &; MappIng 6610WlIIow Park Drive, Suito 200 Naples. Florkla34109 Phooe:(239}597'{}575 FAX: (239) 597-057e LBNo.:6952 DRAWN BY I FILE NAME I SHEET P.TN. UN19SK237ROUE 1 OF 1