Parcel 351SWE PROJECT: 60118— Cypress Way East Sidewalk Improvements
PARCEL No(s): 99999-351 SWE
FOLIO No(s): 65371760001
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this J day of .iijw y , 2016, by and between PALM
CREST VILLAS, INC., a Florida not-for-profit corporation, and PALM CREST
VILLAS, INC., a Florida not-for-profit corporation, Trustee, whose mailing address is
do Advanced Property Management, 1035 Collier Center Way, #7, Naples, Florida
34110 (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 perpetual,
non-exclusive Sidewalk Easement for the purpose of construction and maintenance of
a sidewalk over, under, upon and across the following described lands located in Collier
County, Florida, to wit:
See attached Exhibit "A",
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
(1)
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.
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. CURATIVE 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.
t,,
AS TO COUN Y:
DATED: a �Io J
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
r,.
D1/1(IGFIT ,,40 C , Clerk
y
—Zi.ii .(Vrilaiapalli6 Clerk Donna Fiala,, Chairman
sign attire only,
AS TO OWNER:
DATED:T4(vcyhey /6) ;di Ce
PALM CREST VILLAS, INC., a Florida
ATTEST: not-for-profit corporation, and
PALM CREST VILLAS, INC., a VATre,,(7 not-for-profit corporation, Trustee
Secretary
BY: ,,,
n Mayer, Pres' ent
Approved as to form and legality:
I
Assistant ounty Attorney
Last Revised 12/10/2014
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":\20I3\2013009W12\4/'ETG SW EAS.Ep Ti/x a"w 03 Aug 14.2015—239pm PIetW be 9rWa•e11
NI CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH
Cl 730.00' 0'19'36" 4.16' N 18'03'01" E 4.16'
EXHIBIT
f Page__., of 0
C/) , /
/ /O TRACT "A"
SAWGRASS OF NAPLES
P.B. 30, PGS. 24-25
Q / SAWGRASS OF NAPLES RESIDENTS ASSN INC
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72670700027
I , SAWGRASS COURT
/c PRIVATE R-O-W
V
f POINT OF L1
BEGINNING
MOST WESTERLY CORNER L3
TRACT "A", SAWGRASS OF NAPLES
/
9
GRAPHIC SCALE
20 0 10 20 BLOCK D
PALM RIVER ESTATES
UNIT N0. 4
( IN FEET ) P.B. 8, PGS. 69-70
LINE BEARING DISTANCE
L1 N 88'37'21" E 16.63' PALM CREST VILLAS CONDO ASSN
L2 S 65'41'18" W 10.08' 65371760001
L3 S 88'37'21" W 8.73'
LEGAL DESCRIPTION: PARCEL 351 SWE
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 9, BLOCK D, PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN RAT BOOK 8, PAGES 69-70 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE MOST WESTERLY CORNER OF TRACT "A', SAWGRASS OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PUT
BOOK 30, AT PAGES 24-25 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN N8817'21"E. ALONG THE SOUTH UNE OF
SAID TRACT "A" FOR A DISTANCE OF 16.63 FEET; THENCE LEAVING SAND SOUTH UNE, RUN S6541'18V FOR A DISTANCE OF 10.08 FEET;
THENCE RUN S88'37'21"W FOR A DISTANCE OF 8.73 FEET, TO THE BEGINNING OF A NON-TANGENTIAL CIRCULAR CURVE, THE SAME BEING A
POINT ON THE WEST UNE OF LOT 9, BLOCK D, PALM RIVER ESTATES UNIT NO. 4, ACCORDING TO THE RAT THEREOF AS RECORDED IN RAT
BOOK 8, PAGES 69-70 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE WEST UNE AND ALONG SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 730.00 FEET, AT A BEARING OF N71•47'11'W THEREFROM, THROUGH A CENTRAL ANGLE OF 00'19'36'
AND BEING SUBTENDED BY A CHORD OF 4.16 FEET AT A BEARING OF N18'03'01'E, FOR AN ARC LENGTH OF 4.16 FEET; TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 50 SQUARE FEET, MORE OR LESS.
HOLE MONIES, INC.
CERTIFICATE OF AUTHORIZATION LB 11772
P.S.M. j 6278
JOHN J. HILTON STATE CF FLORIDA
SEC-MN-RGE: 950 Encore Way PROJECT NO.
23-a8-2s Naples, FL 34110 q
DRAWN BY: DATE 1 S,OO9
BEN 8/15 HOLE MONIES Phones (239) 254-2000 SKETCH AND LEGAL DESCRIPTION
CHECKED BY: DRAWING NO. ENGINEERS PlkNIERS SUM/Es/ORS Florida Certificate of REFERENCE NO.
JJH B-7220 Authorization No.1772 , SW EAS
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