Parcels 706 and 707
PROJECT: Goodlette-Frank Road Project #60005
PARCEL No(s): 706/707
FOLIO No(s): 61941640005
AGREEMENT
THIS AGREEMENT (~rred to as the "Agreement") is made and entered
into on this J- f11 day of , 2005, by and between HOlE-IN- THE-WALL
GOLF CLUB, INC., a Florida t-For Profit Corporation, whose mailing address IS P.O. Box
7217, Naples Florida 34101-7217 (hereinafter referred to as "Owner"), to COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County two Temporary
Driveway Restoration Easements, over, under, upon and across the lands described in
Exhibit "A" and Exhibit "B" (said easements hereinafter referred to as the "Property"), which
is attached hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
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 Property 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. 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. Owner shall convey the Property 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."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to extend the
term of this Agreement pending receipt of such instruments, properly executed, which
either remove, release or subordinate any and all such liens, encumbrances or
qualifications affecting County's enjoyment of the Property.
5. Owner is aware and understands that this Agreement is subject to the acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
Agreement
Page 2
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that
no hazardous substances have been generated, stored, treated or transferred on the
Property except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or
in the vicinity of the Property to be conveyed to the County, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Property, b) any
existing or threatened environmental lien against the Property or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the Property. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and from,
and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and
attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the County by reason or arising out of the breach of Owner's representation
under Section 6. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
8. County shall pay all fees to record any curative instruments required to clear title, all
Easement recording fees, and any and all costs and/or fees associated with securing
and recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property underlying the Easement; provided, however, that any
compensation, costs and/or fees required to secure and record releases or
satisfactions, shall be the responsibility of the Owner.
9. 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.
10. Conveyance of the Property 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.
11. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in the
Property before the Property held in such capacity is conveyed to County, its
successors and assigns. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose
stock is for sale to the general public, it is exempt from the provisions of Chapter 286,
Florida Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida
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Agreement
Page 3
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED: c¡ .:Jg. 05
ATTEST:, ','
DWIGHIE. BROCK):l~~k
. C
-->'. ..'. 'ìDéþuty Clerk
~t.sto\~tl"llln· .
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
Fred W. Coyle, Chairman
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AS TO OWNER:
HOLE-IN-THE-WALL GOLD CLUB, INC,
A Florida Not-For Profit Corporation
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, r:ù-ìi~Þd.'¡ f)µ, t-~t
(Signature):
/(IC HJ+i\) 5. 1/ () N HA ve "JrL fee 5
(Print Name/Title)
WITNESSES:
~¿;, 1!11-
Witness (Signature)
Name-:Te, If"l~ A. 'rf, fbt¡
(Print)
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Witness (Signature)
Name: 'Fv\e~~ P\~,\. \No
(Print)
Approved as to form and
legal sufficiency:
.}}L ¡J (L¿A.0<-
Ellen T. Chadwell
Assistant County Attorney
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SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 706
PROPERTY OWNER: HOLE IN THE WALL GOLF CLUB
REFERENCE: O.R. 63, PG. 682
P.O.C.
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P.O.B. = POINT OF BEGINNING OF GOODLETTE FRANK ROAD AS 8EING N 01'22'06" W.
R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 706 .
CLIENT: COLLIER COUNTY' TRANSPORTATION
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PARCEL 706
PROPOSED TEMPORARY DRIVEWA Y
RESTORADON EASEMENT
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Professional engineers, plannérs, & land surveyors
Colli.. COUDtTo SUIt. 200, 7400 Tamlamt Tran. NorUl: Napl... n 341 08 (2~')e87-~11I
L.. County: SUIt. 101. 1826 H'Ddl'1 1Iú'..\, rort 11,..... n a~IÞOJ (2~')a34-I173
Certtnad. of AuthortsaUOD No.. LB 311114 eDd D all"'" Pu: (23e)&8e-lloa
BY:
W. ~AC:~NEY, NO. 5606
SCALE: 1" =60' DATE: JUNE 23. 2005
PRAWN BY: GWH PROJECT NO.: 8081-GR
ACAD NO: 9051-SD706 FILE NO: 9051
SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT
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LEGAL DESCRIPTION OF PARCEL 706
A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 4q SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE CENTER OF SAID SECTION 22;
THENCE NORTH 88·37'54" EAST ALONG SAID SECTION LiNE A DISTANCE OF 45.00 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE FRANK ROAD (C.R. 851) (170' R.O.W);
THENCE SOUTH 01·22'06" EAST ALONG SAID EASTERL Y RIGHT-OF-WAY LINE A DISTANCE OF 293.27
FEET TO 'rHE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING SOUTH 01·22'06" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 65.00
FEET;
THENCE LEA VING SAID LINE NORTH 88·37'54" EAST A DISTANCE OF 25.00 FEET;
THENCE NORTH 01·22'06" WEST ALONG A LINE 25.00 FEET EASTERL Y OF AND PARALLEL WITH SAID
R.O. W. LINE A DISTANCE OF 65.00 FEET;
THENCE SOUTH 88'37'54" WEST A DISTANCE OF 25.00 FEET TO SAID EASTERL Y RIGHT-OF-WA Y LINE
AND TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,625 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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Colli.. COUD~: SUllA 200. 7400 TomJomt Tnll, North: Nopl.., I"L 84108 (289)897-8111
Lo. COUD~: sun. 101. 1828 HODd..,. stro.l. Fort IIpo.... I"L 381101 (238)S84-1173
corUn..1A of AUU.Orl..tlOD No.. LB 38S4 ODd ED SSS4 paz: (U8)SSS-DOS
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
DESCRIPTION: PARCEL 706
CLIENT: COLLIER 'COUNTY T~ANSPqRTATION DIVISION
BY:
W. HÄ¢,KNEY,:' .S.M. NO. 5606
. N.T.S. OATE: JUNE 2.3. 2005
,\I8AWNBY: GWH PROJECT NO.: 8081-GR
ACAD NO: 9051- 507q6 FILE NO: 9051
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
4
SECTION 22,
TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 707
PROPERTY OWNER: HOLE IN THE WALL GOLF CL\..IB
REFERENCE: O.R, 63. PG. 682
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P.O.C. == POINT OF COMMENCMENT f::ifLæ.. BEARINGS ARE BASED ON THE SURVEY BASELINE
P,O.B, = POINT OF BEGINNING OF GOODL£TTt FRANK, ROAD 045 SEING N 01'22'06" W.
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R.O,W. = RIGHT-OF-WAY LEGAL DESCRIP.T19~.AND SKE'T'Cf-t'SHEET OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION; PAR~EL{.Ö7:.
..... CLIENT: COLLIER COL/NTY TRAt-tS~TA.TrOND!Y;IS'ON
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Profenlonal engineers, planners. & land IUrveyors
com.,. c...."" hit. 100, 7400 T....I....I ,.,..11, Jforllal K.plft, n. .4101 (lat)II?-11I1
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BY:'-
GEO.GE,:w' ,t{ACRNEY, P.S.M. NO. 5606
SCALE., 1" = 50' DA TE;' JUNE 23. 200~
D~ÁWN BY: GWIj PROJECT NO.: 8081-GR
ACAO NO: 9051-S07Q'Z FILE NO: 9051
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SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT --L
Page 1_ 011 ~
LEGAL DESCRIPTION OF PARCEL 707
A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
BEGINNING A T THE INTERSECTION OF THE NORTHERL Y LINE OF A PARCEL OF LAND
AS DESCRIBED IN OFFICIAL RECORDS BOOK 63, PAGE 683 AND THE EASTERL Y
RIGH T - OF - WA Y LINE OF GOODLETTE FRANK ROAD; -
THENCE SOUTH 01'22'06" EAST ALONG SAID EASTERL Y RIGHT-OF-WAY LINE A
DISTANCE OF 47.57 FEET;
THENCE LEA VING SAID' LINE NORTH 55'20'32" EAST A DISTANCE .OF 29.75 FEET;
THENCE SOUTH 46'59'17" EAST A DISTANCE OF 11.77 FEET;
THENCE NORTH 45'54'41" EAST A DISTANCE OF 24.05 FEET;
THENCE NORTH 1-22'06" EAST TO AN INTERSECTION WITH THE AFOREMENTIONED
NORTHERL Y LINE A DISTANCE OF 24.10 FEET;
THENCE ALONG SAID NORTHERL Y LINE SOUTH 88'37'54" WEST A DISTANCE OF 51.78
FEET TO AN INTERSECTION WITH THE AFORESAID EASTERL Y RIGHT OF WA Y LINE AND
THE POIN T OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,865 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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CoUlor CO"...,. hlte lOa. 7400 TaIIIlomI Troll. "0Tt.II. ".ploo. no \MIDI (138)D17-alll
1.0. Cn.VI ...Ite 101. lelD BODb7 ft..to r." 117.... no 001101 (ID8þ\M-1I1D
CorWI..te 0' Aullaol'l..Uo. "0.. ... _ ..d a Oil. r..: (ID.)6M-aoa
LEGAL DESCRIPTION AND
DESCRIPTION: PARCEL 707
CLIENT: COLLIER COUNTY TR
<[vr~IOlr -
SKEtCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
---~.~~""'----..._.._-
IJV;
Y, P.S.M. NO. 5606
DA TE: JUNE 23. 2005
DRAWN BY: GWH PROJECT NO.. 8081-GR
ACAD NO:~-SD707 FILE NO: 9051