Parcel 114DUE FFT IV Agreement PROJECT: 60140
PARCEL No(s): 114DUE
FOLIO No(s): 54510000025
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this Ste, day of \-1'a-'.-* , 20 _.5 , by and between FFT IV
LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is 1511
Ridgeside Drive, Ste C; Mount Airy, MD 21771-5480 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite
800, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Drainage
and Utility Easement over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Easement"), which is attached hereto and made a part
of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County 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
Easement requested by County.
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. RECITALS - 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. CLOSING DOCUMENTS AND CLEAR- TITLE - Owner shall convey the
Easement to County, in a form acceptable to County and at no cost to the
County, unless otherwise stated herein. Said conveyance (Owner's delivery to
County of a properly executed easement instrument) is hereinafter referred to as
the "Closing."
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their
recording in the public records of Collier County, Florida. Prior to Closing and as
soon after the execution of this Agreement as is possible, Owner shall provide
County with a copy of any existing title insurance policy and the Closing
Documents, properly executed, witnessed, and notarized where required, in a
form acceptable to County.
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3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause.
4. CURRATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and
delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement. County
shall have sole discretion as to what constitutes "reasonable processing fees."
5. EFFECTIVE DATE - 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.
6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above; 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 covenants not contained herein.
7. VENUE - 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 COUNTY/
DATED: Sb1:,
ATTEST ' ,0517% .'. BOARD OF COUNTY COMMISSIONERS
D A HT C. B' sOK,' ,lerk:: COLLIER.211'44TY, FLORIDA
tk. if ►� BY
est as tohairnuty Clerk Tim Nance, Chairman
AS TO OWNER:
DATED: FFT IV LIMITED PARTNERSHIP,
a Florida Limited Partnership
c � by C&J of Naples, Inc, General Partner
I ess (Signatur-e) �J ,,C
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Na - (Print or T ,e)
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IPA i.W ess (Signature) W
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Name (Print or Type)
A roved s to form and legality:
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Sco+E. A. 540(.4.
Assistant County Attorney
Last Revised 12/10/2014
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PROJECT NO.60140
PROJECT PARCEL NO. 114DUE EXHIBIT
PARENT TRACT FOLIO NO.54510000025
LEGAL DESCRIPTION &SKETCH
(NOT A SURVEY)
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THE WEST 40 FEET OF THE
NORTH 20 FEET OF LOT
W±E
101 1,LAPORTE
COMMERCIAL PARK
PLAT BOOK 25.PAGE 60
-XV d5SVOS
LINWOOD AVENUE
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A PORTION OF LOT 1, LAPORTE COMMERCIAL PARK, AS RECORDED IN PLAT BOOK 25,
PAGE 60, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 40 FEET OF THE NORTH 20 FEET OF SAID LOT 1
CONTAINING 800 SQUARE FEET,MORE OR LESS.
SKETCH NOT TO SCALE
Corner County Growth Management Department-Transportation Engimering Division 84109115 8:32 AM