Parcel 336TDRE Project No: Misc 99999(Part of Vanderbilt Drive Bridge Replacements Project#66066)
Parcel No: 336TDRE
Folio No: 59620000004/Portion of Master Reference#00156160001
AGREEMENT
THIS AGREEMENT ( ei fter�ief r d to as the "Agreement") is made and entered
into on this day of Vj , 2015, by and between MARINA BAY CLUB OF
NAPLES CO DOMINIU AS CIATION, INC., a Florida not-for-profit corporation,
whose mailing address is do Sandcastle Community Management, 9150 Galleria Court,
Suite 201, Naples, Florida 34109 (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") ("Owner"and"County"hereinafter collectively referred to
as the"Parties").
WITNESSETH:
WHEREAS, as part of its Vanderbilt Drive Bridge Replacements, Project #66066,
County will be constructing improvements within a portion of the common areas of Owner in
accordance with the plans attached hereto as Exhibit "A" (hereinafter referred to as the
"Project"); and
WHEREAS, County has requested that Owner convey to County a Temporary
Driveway Restoration Easement over, under, upon and across the lands described in Exhibit
"B", attached hereto and incorporated herein(hereinafter referred to as"Easement");and
WHEREAS, Owner recognizes the benefit that County's proposed improvements will
be to Owner and desires to convey the Easement to 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, 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 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.
3. TIME IS OF THE ESSENCE — Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within thirty(30) 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
Agreement Page 2
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 encumbrances recorded against the
property underlying the Easement. County shall have sole discretion as to what
constitutes"reasonable processing fees."
5. EXISTING IMPROVEMENTS — Prior to commencement of construction of the Project,
the Parties shall communicate with each other regarding the construction date, which
owner acknowledges is subject to change. Owner shall, at its sole cost and expense,
remove all landscaping, lighting, electrical components and irrigation from within that
portion of the easement area identified on Exhibit "A" as "Limits of excavation within
easement".
Owner shall be responsible for obtaining any permits associated with the removal,
relocation and/or replacement of any improvements located within the subject
easement(including all landscaping, lighting, electrical components and irrigation).
County will not be responsible for the cost to replace any of the existing improvements
currently located within the subject easement (including but not limited to landscaping,
lighting, electrical components and irrigation) but will, at its expense, provide sod
ground cover on any areas within the easement that are exposed during construction.
6. 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 may only be
modified by written amendment thereto.
7. ENTIRE AGREEMENT-This is the entire agreement between the parties with respect
to the matters set forth herein, and any notice, request, demand, instruction or other
communication to be given to either party hereunder shall be in writing sent by
facsimile with automated confirmation of receipt, or registered or certified mail, return
receipt requested,postage prepaid or personal delivery addressed as follows:
If to County : Transportation Engineering
Attn: Kevin Hendricks
Right-of-way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-252-5844
Fax 239-252-6643
With a copy to: Jeff Klatzkow, County Attorney
Office of the County Attorney
Harmon Turner Building
3299 Tamiami Trail East,Suite 800
Naples, Florida 34112
Telephone 239-252-8400
Fax 239-252-0225
If to Owner: Lisa Baldino,Vice President
Marina Bay Club of Naples Condominium Association, Inc.
9150 Galleria Court Suite 201
Naples, Florida 34109
Telephone:
With a copy to:
Telephone:
Fax:
CA
Agreement Page 3
8. 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 between the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
9. VENUE - This Agreement shall be governed by the laws of the State of Florida, and
may not be altered or amended in any way, save by written agreement signed by both
parties.
IN WITNESS WHEREOF,the parties have caused these presents to be executed the
date and year first above written.
AS TO COUNTY:
DATED: October 13, 2015
ATTEST: ` BOARD OF COUNTY COMMISSIONERS
DWIGHT E'BROCK,Clerk COLLIER COUNTY, FLORIDA
j(/: 1 Cwt/ --.)' - . ,Yl.� . BY: J ice/ .
Attest as to'a �';'
. ,,
Tim Nance, Chairman
AS TOspfM 011 .
WITNESSES: MARINA BAY CLUB OF 4APLES
CONDOMINIUM ASS* ATION, INC.,
/ a Florid-p ot-for-profit"4,rporation
4 /( //_ - By: if I41 ih
Witnes Si.-,: -ISaldino, ��Pesident
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Name: i/
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s(Signature)
Name:AV-gat/1i1«/
(Print)
• •'roved -s to f.doand legality:
mily Pepi
121 '
Assistant C.. ty Attorney
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NOTICE THE OFFICIAL RECORD CF THIS SHEET IS THE ELECTRONIC FIIF SIGNED AND SEALED UNDER ROLL RIC'S-Z? , ' ..11:.
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LEGEND
DESC = DESCRIPTION
0 R = OFFICIAL RECORDS BOOK -...--.20'•yy 58 07' Iwo. .-
PG. - PAGE
POEM - POINT OF BEGINNING
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POT = POINT of COMMENCEMENT I __-a '
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MARINA BAY CLUB OF NAPLES CONDOMINIUM o st
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O.R. 1619 PG. 1422 'I.
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N45'25'20"W 19.31' N44'34'40"E 19 31'
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_ ,. . 500'25'20"E 85.39'
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-ROB DESC. ` WEST RIGHT-Or-WAY LINE
E..
-POC DESC. ; VANDERBILT DRIVE
l/ SE CORNER Ix, COUNTY ROAD 901 i
320 /17 OF SECTION I ' i" 100' WIDE RIGHT-OF-WAY I
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4 NOO'25'2O`W1144 05'21 16 BEARING.BASIS \a -EAST LINE OF
SECTION 17
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MAY 2 1 2015 O.R. 4509 PC. 2050
7.
NOTES:
• 1 BEARINGS SHOWN HEREON ARE BASED ON THE.EAST LINE OF -" /
SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST TO BEAR 4` L.-- ,J tj y//j,J+
S00'25'20"E � S }�
• 2 THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS ,0 DEVRRVEYO DATE
ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT FLOPROFESSIONALIDCRTI 6UREEYO. LS 6758
•AND MAPPER
PARCEL NOT RVALID EWITHOUT ETHE E SIGNATURE AND THE
3 PARCEL CONTAINS 5,702 SQUARE FEET (0.13 ACRES) MORE OR ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
It
-- LESS SURVEYOR AND MAPPER. THIS IS NOT A SURVEY,
96°200
34
TEMPORARY DRIVEWAY RESTORATION EASEMENT jilmalALIL N8610 Willow Park Naples,FL Dr.,
S0u
LYING IN Phone(239)667.)575
SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST Fax:(2391557.0578
COLLIER COUNTY,FLORIDA ENGINEERING
LB No.:6962
JOB NUMBER c,U,P.II TOWNSHIP SCALE DATE DRAWN BY FILE NAME
130026.00.00 17 48 1"=30' 04/07/15 TJD Temp Conetr " 1
EXHIBIT
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CP.
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8
DESCRIPTION
A TRACT OR PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE
25 EAST, CO,.LJER COUNT', FLORIDA, SAID TRACT OR PARCEL IS MORE
�;. PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 17 THENCE
N.00'25'20"W, ALONG THE EAST LINE OF SAID SECTION 17 FOR ,144.06 FEET,
THENCE S 89'34'4D"W., DEPARTING SAID EAST LINE FOR 50.00 FEET TO AN
•
NTERSECTION WITH THE WEST. RIGHT—OF—WAY LINE OF VANDERBILT DRIVE (100
fi FEET WIDE) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL,
THENCE N 45'25'20"W, FOR 19 31 FEET;
THENCE S 89'34'40"W, FOR 81.32 FEET;
WHENCE N.00'25'20"'W., FOR 58,07 FEET;
THENCE N 89'34'40"E., FOR 81 32 FEET;
THENCE N 44334'4.0"E, FOR 19 31 FEET TO AN INTERSECTION WITH SAID WEST
RIGHT—OF—WAY ONE;
o THENCE S.O0'25'20"E., ON SAID WEST RIGHT—OF—WAY FOR 85.39 FEET TO THE
POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 5,702 SQUARE FEET OR 0.13 ACRES, MORE OR LESS.
BEARINGS HEREINABOVE MENTONCD ARE BASED ON THE EAST LINE OF SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 25 EAST TO BEAR S00'25'20"E
8
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6810 Wlliow Park Dr.,Stile 200
TEMPORARY DRIVEWAY RESTORATION EASEMENT Naples,FL 34109
LYING IN Phone(239)597.0570
SECTION 17,TOWNSHIP 48 SOUTH,RANGE 25 EAST fax',(239)597-0578
COLLIER COUNTY.FLORIDA ENGINEERING
LB No.:6952
J09 NI;MBER r-EV:T:C 'OWNSFIIP RANt,' DATE DRAWN B' FILE NAME
130026.00.00 01 48 25 04/07/15 TJD Temp Constr
•
EXHIBIT
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