Parcel 121DE PROJECT: Pine Ridge Stormwater Outfall Pipe Replacement
PARCEL No(s): 121 DE
FOLIO No(s): 67183640003
AGREEMENT
THIS AGREEMENT hereinafter referred to as the "Agreement") is made and
entered into on this ,, '— day of , 20 1 to , by and between
WIGGINS PASS REALTY CO., INC., a Florida cdrporation, whose mailing address is
5637 Strand Boulevard, Suite 201, 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, c/o 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
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 - 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 assist County in securing 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 effective
date of this Agreement by County 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. EXISTING DRAIN PIPE - County shall cause the removal of the existing
drainage pipe structure located generally parallel to the Easement and lying within
thirty (30) feet of the southerly lot line of Owner's Lot 42, depicted on Exhibit "A"
and Owner hereby grants to County a license for entry onto Lot 42 in order to
perform said pipe removal.
7. 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.
8. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
C
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED: 9-13- 16
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRO;CK Clerk COLLIE OUNTY, LORIDA
A tastOCh;irli:a>t'sDepu y le' DO NA FIALA, CHAIRMAN
signature only.
AS TO OWNER: WIGGINS PASS REALTY CO., INC.
a Flo ' orporation
DA D: l �9 ) 149
2-
Witness (Signature) (Si. ature)
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Name (Print or Type) (Pr' Full Name)
Witness (Signature) (Corporate Title)
e 4z-0 L Pot e-r
Name (Print or Type)
Approved as to form and legality:
Emily-R. Pepin
Assistant County Attorney
PROJECT: Pine Ridge Stormwater Outfall Pipe Replacement
PROJECT PARCEL NO. 121 DE
PARENT TRACT FOLIO NO. 67183640003
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 15 FEET OF LOT 42, BLOCK C, PINE RIDGE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 24, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LOT 42
s sNsy sss
15 FEET
SKETCH NOT TO SCALE
Collier County Growth Management Division-Transportation Engineering Department 07/05/16 1:02 PM