Parcel 802, 803
PROJECT: 14th Street Project
PARCEL No(s): 802 & 803
FOLIO No(s): 49520000101
AGREEMENT
THIS AGREEMENT (h einaft r r erred to as the "Agreement") is made and entered
into on this J~ day of 2006, by and between HEMINGWAY PLACE
HOMEOWNERS ASSOCI TI N, INC., a Florida not-for-profit corporation, whose mailing
address is 720 Goodlette Road, Suite 305, Naples, Florida 34102 (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 a perpetual, non-
exclusive Drainage and Utility Easement over, under, upon and across the lands described
in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement; 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. This agreement shall be null and void, and of no further force or effect, unless 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.
6. County shall pay all fees to record any curative instruments required to clear title, all
Easements 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.
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Agreement
Page 2
7. 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.
8. 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.
9. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED: tj. I;. ot
ATTEST:
DWIGHT E. BROCK, Clerk
r.J',n..u.u, ~'O.L'
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AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN~DA
BY: ~~ ~./
F K HALAS, Chairman
CE HOMEOWNERS
N, aflorida not-far-profit corporation
re
JD€L- <D . ??~~5' I ~ I Vet\ T
(Print Name/Title)
SIgnature)
Name: :j 7Yt. Snw 7V
(Print)
Approved as to form and
legal sufficiency:
~ VCL-,~
~lIen 1. Chadwell
Assistant County Attorney
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ALL THAT TRACT OF LAND S1TUA 1E IN
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COWER COUNTY FLORIDA. MORE
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TITLE: SKETCH AND DESCRIPTION GENERAL NOTES PREP ARE~
14TH STREET OUTFAlL IMPROVEYENTS DATE 10/'0/
PARCEL "2" DANIEL J REG^~, PSM
COWER COUNTY STORllWATER MANAGEMENT DEPT. PROFESSIONAL SURVEYOR AND MAPPER
FL. REG 6331
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BOARD OF COLLIER COUNTY COMMISSIONF.RS
TRANSPORTATION SERVICES DIVISION
ROAD MAINTENANCE DEPARTMENT
2685 SOUTH HORSESHOE DRrVE
NAPLES. FLORIDA. 34104 (941) 659-5791
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ALL THAT TRACT Of LAND S1TUA 1E IN
SECllON 22, TOWNSHIP 49 SOUTH, 25 EAST,
COWER COUNTY FLORIDA. MORE
PARllCULARIL Y DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10 FEET OF THE EASTERYl. Y
160.80 FEET Of TRACT -E- (COMMON AREA)
OF HEMINGWAY PLACE AS SHOWN Of THE
PLA T THEREOF RECORDED IN PLAT BOOK 39
AT PAGE 22 OF THE PUBUC RECORDS OF
COWER COUNTY, FLORIDA.
CONTAINING 0.04 ACRES MORE OR LESS.
SUBJECT TO ANY EASEMENTS OR
RESTRICllONS OF RECORD.
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NOT VALID UNLESS SIGNED AND SEALED wrrH THE EMBOSSED SEAL OF A PROFESSIONAL SURVEY~ MAPPER
TITlE: SKETCH AND DESCRIPTION GENERAL NOTES' PREPARED .
14TH STREET OUTFAU IMPROVEllENTS DATE 0. " Z'#.
PARCEL -3- DANIEL J REGAN, P
COLLIER COUNTY STOlUlWATER MANAGEMENT DEPT. PROFESSIONAL SURVEYOR AND MAPPER
FL. REG 6331
PMP. In":. D.It DAlE:. 1O/03~ PRD.ECT No.
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SHEET:
BOARD OF COLLIER COUNTY COMMISSIONERS
TRANSPORTATION SERVICES DMSION
ROAD MAINTENANCE DEPARTMENT
2680 SOUTH HORSESHOE DRrVE
NAPLES. FLORIDA. 34104 (941) 609-0791
1
OF 1
10/03/2005