Parcel 353SWE PROJECT: 60118 — Cypress Way East Sidewalk Improvements
PARCEL No(s): 99999-353SWE
FOLIO No(s): 72670700085
AGREEMENT
THIS AGREEMEN�Th (hereinafter referred to as the "Agreement") is made and
entered into on this day of 14-r L_ , 2016, by and between LAPLAYA
GOLF CLUB, LLC, a foreign limited liability company, whose mailing address is
2600 Golden Gate Parkway, Naples, Florida 34105 (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
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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.
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AS TO C NTY:
DATED, /
ATTEST' ,- ., y` BOARD OF COUNTY COMMISSIONERS
• H 7:17 at K.Clerk / COLLIER e•UNTY, F RIDA
e
l : 1 ' .#� ' .• ;' BY:
f De ty CI-MaP Donna iala
A'St as to Cha ar>!s
Chairman
signature only.
AS TO OWNS j:
• D: /�/l/.�
dip
iih::__-.,,�[/�Jii ! LAPLAYA GOLF CLUB, LLC,
Witness (Signatur:f a foreign f ited liabilpPc mpa
p/ ,i)/v, n1 %U,i) BY: , W
Name (Print or ype) to h J. Lockwood, Manager
e___. g___,_______, P / 9
Witness (Signature)
eltc,•4 ( idi-YSKiec.frcc`2
Name (Print or Type)
Approved as to form and legality:
IP
Assistant C'ty Attorney
Last Revised 12/10/2014
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1.111188111111111111111111811
H:\2015\2015008\0ASU\SKETCHES\SW EASMO Tab: a"WM 01-1 Oct 2e.2015-3124pm PIotW by BWleiwa 1141
GRAPHIC SCALE EXHIBIT --.
20 D _ 10 20 Page. / of / LINE BEARING DISTANCE
L1 S 89'28'08" W 18.45'
( IN FEET ) L2 S 00'31'52" E 5.74'
L3 S 00'31'52" E 15.70'
L4 S 8753'52" W 19.92'
F.
- - - - - -- L5 S 54'21'32" W 13.37'
31 L6 S 89'28'08" W 0.69'
•
POINT OF
COMMENCEMENT
V) L1 r, N.E. CORNER TRACT "D"
Q �S N 89'28'08" E
w � Z
O o 31.55 POINT OF
;>-- I w w (r'- ,, BEGINNING
Q —h..vo L4
U ~s \,,b
J s
! D L6
v TRACT "0"
V)
^ SAWGRASS OF NAPLES
�/ , P.B. 30, PGS. 24-25
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LAPLAYA GOLF CLUB LLC
CD 72670700085
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LEGAL DESCRIPTION: f353SWE
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT 'D, SAWGRASS OF NAPLES, ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT
BOOK 30, AT PAGES 24-25 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT '0", SAWGRASS OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 30, AT PAGES 24-25 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN S89'28'0811/ ALONG THE NORTH LINE OF
SAID TRACT "D" FOR A DISTANCE OF 18.45 FEET; THENCE RUN S00'31152"E FOR A DISTANCE OF 5.74 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N SOO'31'52"E FOR A DISTANCE OF 15.70 FEET; THENCE RUN S8753'52'W
FOR A DISTANCE OF 19.92 FEET; THENCE RUN S5421'3211/ FOR A DISTANCE OF 13.37 FEET; THENCE RUN S8728'08'W FOR A DISTANCE
OF 0.69 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT "D'; THENCE RUN NOO'31'5211! FOR A DISTANCE OF 23.99 FEET; THENCE
RUN N89'28'08'E FOR A DISTANCE OF 31.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 556
SQUARE FEET
HOLE MONTES, INC. `'ECM - ROW
CERTIFICATE OF AUTH IZATION LB 11772 NOV 0 Z 2015
-)-•
P.S.M. 1 6278
TON STATE OF FLORIDA
sEc- 23_48_25 950 Encore Way PROJECT NO.
DRAWN BY: DATE MVO Naples, FL. 34110 1 5.009
BEN 70r1s HOLE MONTES Phan*: ( 9) 254-2000 SKETCH AND LEGAL DESCRIPTION
CHECKED BY: DRAWING NO. DIGNEERS PLANERS s Florida Certificate of REFERENCE NO.
.un 8-7218-1 Authorization No.1772 SW EAS 0
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office 5/6211Q)
Board of County 1:1F b�
2. BCC Office Commissioners /$
3. Minutes and Records Clerk of Court's Office Oft,t, 3%5gp-
Executed COPY only returned to: Karen Dancsec- GMD/ROW vv
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Karen Dancsec Phone Number 239-252-5805
Contact/ Department
Agenda Date Item was 02/23/2010 Agenda Item Number 16.B.1
V
Approved by the BCC (Resolution 2010-39)
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? KD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KD
document or the final negotiated contract date whichever is applicable&Mm. QI' S•
f1Q
6. "Sign here"tabs are placed on the appropriate pages indicating where the ' : sbc ' ' '
signature and initials are required. KD
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_02/23/2010_ and all changes made
during the meeting have been incorporated in the attached document. The County KD
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
Please scan under BMR Real Property—60118—Parcel 353SWE
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12