Backup Documents 06/09/2020 Item #11EORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP Z 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
d7 ` HE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on ink aper. 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 # I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
evrentinn of the Chairman's civnntnre draw a line thrnuah rnntina lines ii I thrnnah #7 rmmnlete the checklist and forward to the Cnnnty Attnmev Offire
Route to Addressees (List in routing order)
Office
Initials
Date
1.
2.
3. Jeff Klatzkow, County Attorney
County Attorney Office
JAK
4. BCC Office
Board of County
Commissioners
5. Minutes and Records
Clerk of Court's Office
lot
P
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
.AA-- hn. ,,, PPA to rnntant etaff for ad.litinnal n information
Name of Primary Staff
Trinity Scott
Phone Number
252-5832
Contact / Department
Agenda Date Item was
6/9/20
Agenda Item Number
HE
Approved by the BCC
Type of Document
Agreement
Number of Original
1
Attached
Documents Attached
PO number or account
number if document is
313-163673-633011-601711
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
TS
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
TS
bv 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
TS
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
TS
sip -nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
TS
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 6/9/20 (enter date) and all changes made
TS
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
S
BCC, all changes directed by the BCC have been made, and the document is ready for the/jokit
Chairman's signature.
1: 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
INSTR 5880180 OR 5775 PG 834
RECORDED 6/16/2020 9:20 AM PAGES 17
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC $146.00
DEVELOPER AGREEMENT
Hyde Park
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this _ofAAWL 2020, by and among Neal Communities of Southwest
Florida, LLC (hereinafter referred to as the "Developer"), whose address is 5800 Lakewood Ranch
Blvd., Sarasota, Florida 34240, on the one hand, and Collier County, a political subdivision of the
State of Florida (hereinafter referred to as the "County") and the Collier County Water -Sewer
District, on the other.
RECITALS:
WHEREAS, Developer has submitted a petition to establish a Stewardship Receiving Area
(SRA) for a parcel consisting of approximately 654.79 acres located at 4697 Oil Well Road in
Collier County, to be known as Hyde Park; and
WHEREAS, as part of this development order, the parties wish to enter into this Developer
Agreement which among other things concerns public utilities and transportation issues arising
from this development.
WITNESSETH
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree 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.
2. Paragraphs 3, 4, 5, 6, 7 of this Agreement shall become effective upon the execution
of this Agreement by both parties. The remaining provisions of this Agreement shall become
effective upon the latter to occur (1) Board of County Commissioners approval of the Hyde Park
SRA and expiration of all appeal periods related to such approval, (2) issuance of revised County
permits for Oil Well Road widening; or (3) Developer's South Florida Water Management District
(SFWMD) and Army Corp of Engineers (ACOE) permits.
Public Utilities
3. Collier County Water -Sewer District (CCWSD) is currently engagingdesign/build
teams for the design and construction of the potable water, wastewater, and Irrigation Quality (IQ)
water infrastructure to serve the project. The design/build contract was approved by the Board of
County Commissioners at its March 12, 2019 meeting.
4. CCWSD will provide appropriate infrastructure for fire service by the end of
February 15, 2021. CCWSD shall have the operational flexibility to determine how it will meet
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that deadline, including the option of installing a temporary well with sufficient pumping capacity
to provide fire service to the community as necessary within the utility easement.
5. CCWSD will make available potable water and wastewater service by May 7, 2021.
If CCWSD is unable to meet this deadline, CCWSD will identify the best interim alternative
acceptable to the Developer, with CCWSD paying all costs of providing interim potable water
and/or wastewater service.
6. As set forth in Exhibit A, Developer will provide CCWSD with an easement along
the western and northern property line of Hyde Park Village and will have stub -outs in the locations
for potable water, IQ water service, and for wastewater connections. The easement shall be
conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance,
free and clear of all liens and encumbrances, no later than seven (7) days after the effective date of
this provision. Developer will leave a gap in the berm in the approximate location identified in
Exhibit B to allow CCWSD access to the easement for pipeline construction and maintenance.
7. CCWSD shall pay the Developer the value of the land indicated in paragraph 6
above as determined by two accredited appraisers who are mutually agreed upon by the parties.
The purchase price shall be based on the market value of the land as set aside just prior to the SRA
action and shall be equal to the average of the two appraisals. The parties shall share equally in the
appraisal costs.
8. Individual/single-family lots, multi -family tracts, and commercial tracts, will be
irrigated solely by IQ water provided by CCWSD. Developer will at its sole cost and expense
install the necessary IQ pipelines to these tracts with the exception of any backflow preventors if
required. CCWSD will provide IQ water to these tracts at the then -current Board -approved rate for
the type of service requested. Should there be insufficient IQ water available, CCWSD will
supplement the IQ water with raw or potable water, charged at the same rate as IQ water. Developer
will provide irrigation to perimeter berms, amenity center tracts and common areas (littorals and
western lake park) via private lake withdrawal system. This provision is intended to run through
perpetuity.
9. To help defray CCWSD's initial costs in providing the needed services, within
ninety (90) days of the effective date of this Agreement, Developer shall prepay water and
wastewater impact fees for 250 ERCs at the then current rate. Developer may use 50% of these
credits per dwelling unit as each building permit is issued. Impact fees will be prepaid at the then
current rate and Developer shall be responsible for any difference between the prepayment amount
per ERC and the rate in effect at the time of building permit application submittal.
10. Potable water and IQ water mains may be supplemented in the future with parallel
mains on Oil Well Road. Developer shall construct stubs in key areas to provide for looping to
those future mains in the general location identified on Exhibit C.
Transportation Commitments
It. Within 90 days from the effective date of this Provision, Developer shall convey
100' feet of land along the southern property boundary to the existing Oil Well Road right-of-way
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to accommodate future widening. This right-of-way is approximately 12.27 acres. Developer shall
convey the land to the County in fee simple, free and clear of all liens and encumbrances, by
statutory warranty deed. Developer shall provide at no cost to the County an attorney's opinion of
title, and Developer shall be responsible at all costs for promptly removing or curing any liens,
encumbrances or deficiencies revealed in any title work. Developer will provide the County
Attorney's Office with an executed deed (including sketches and legal descriptions signed and
sealed by a Florida Licensed Surveyor), suitable for recording. Upon receipt, the County shall
record the deed in the Public Records of the County. Developer shall pay all costs associated with
the recordation of the deed. At the time of the conveyance Developer shall receive Road Impact
Fee Credits for this acreage in the amount established pursuant to paragraph 22 below. No further
compensating right-of-way shall be necessary for site related right or left turn lanes on Oil Well
Road. In addition, Developer will not be required to install or pay in lieu for a sidewalk, multi- use
pathway or bike lanes within or along the Oil Well Road right of wdy. Developer will clear, grade,
irrigate and grass the right of way being conveyed to the County. County shall reimburse
Developer within 90 days of receipt of a written invoice from Developer for costs associated with
the clearing and grading. Developer will remove all irrigation, at its cost, within the right of way
when road widening of Oil Well Road commences in the area. Prior to commencing construction
of the improvements (clearing and grading), the County and Developer shall cooperate to advertise
and bid the improvements in accordance with the County's normal solicitation procedures for
public road projects. The County shall provide written notice to the Developer documenting the
result of such solicitation and ranking all qualified bids from lowest to highest, with the dollar
amount of the lowest qualified bid being hereinafter referred to as responsible bidders. Final
reimbursement amount shall not exceed $109,080 or the low bid amount, whichever is less. The
Developer may establish a Community Development District (CDD). If a CDD is established, the
CDD will be responsible for implementing the commitments in this paragraph and upon providing
written notice of such assignment to the County; the Developer will be released from all obligations
under this paragraph.
12. Developer shall design the project stormwater lake system to provide fortreatment
and attenuation of stormwater runoff for the future widening of Oil Well Road. The stormwater
area is approximately 11.06 acres. The required treatment and attenuation volumes are equivalent
to the existing South Florida Water Management District permit (No. 11-01745-P, Application No.
061010-15) for Basins 500 and 600 of the Oil Well Road expansion. Developer will convey to the
County a drainage easement and lake maintenance easement, free and clear of all liens and
encumbrances and without responsibility for maintenance at the time of first subdivision plat or
site development plan approval. Developer shall provide at no cost to the County an atorney's
opinion of title, and Developer shall be responsible at all costs for promptly removing or curing
any liens, encumbrances or deficiencies revealed in any title work. Developer will provide the
County Attorney's Office with an executed easement (including sketches and legal descriptions
signed and sealed by a Florida Licensed Surveyor), suitable for recording. Upon receipt, the
County shall record the easement in the Public Records of the County. Developer shall pay all
costs associated with the recordation of the easement. At the time of conveyance of the easement
Developer shall receive Road Impact Fee Credits for this acreage in the amount established
pursuant to paragraph 22 below. Developer shall be solely responsible for any permit fees and
mitigation for any listed species and wetland impact required by any permitting agencies. The
Developer may establish a Community Development District (CDD). If a CDD is established, the
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CDD will be responsible for implementing the commitments in this paragraph and upon providing
written notice of such assignment to the County; the Developer will be released from all
obligations under this paragraph.
13. Maintenance and Repair of Stormwater Management System. The Developer shall
be obligated to maintain the stormwater management system, which includes stormwater ponds,
control structures, drainage structures, and pipe conveyance system from the connection points at
the proposed right-of-way to the outfall at the Faka Union Canal, in perpetuity as generally
depicted on Exhibit D, all at its sole cost and expense. Should the Developer fail to maintain the
Stormwater Management System, the County may provide notice to the Developer in writing,
specifying the nature of the deficiency. Within five working days following receipt of such notice,
the Developer at its sole cost shall cause the appropriate repairs or cure to be effected. In the event
damage to, or failure to maintain the Stormwater Management System results in a situation where
public safety is at risk, (1) Developer shall effect repairs within twenty-four hours of receipt of the
County's written notice, or (2) County may, at its option, effect repairs to the improvements,
without the need for prior notice to the Developer, and will promptly bill the Developer for all
actual costs incurred in effecting the repairs. Developer shall reimburse the County for such costs
within thirty days of receipt of the County's bill. County shall be granted access to the stormwater
system connected to the roadway at all times. Developer may assign the obligations under this
paragraph to the CDD or a homeowners association and upon providing written notice of such
assignment to the County; the Developer will be released from all obligations under this paragraph.
14. To allow for the future connection by the County of the stormwater generated by
Oil Well Road, Developer shall install stormwater discharge points for Oil Well Road at the earlier
of the County notifying the Landowner that it will commence construction of Oil Well Road or at
time it constructs its stormwater management system in the vicinity of Oil Well Road. Discharge
points, pipe sizes and required elevations will be finalized during the Developer's SFWMD ERP
process. For this portion of the project, Collier County will require two easements. The first is an
easement to allow for the ultimate connection of the stormwater pipes from the roadway into the
manholes. The second is for a drainage and maintenance easement along the conveyance pipes
from the manholes to the stormwater lake and discharge. Within the earlier of 90 days of the first
plat approval for the Development or at County's written request, the Landowner will grant County
temporary drainage easements, the form of which is attached as Exhibit E. The temporary drainage
easements will be replaced with permanent platted easements when those portions of the Hyde Park
Village are platted. All costs associated with these easements (title work, doc stamps, recording,
etc.) will be paid by the Developer. Within 90 days of receipt of a written invoice from Developer,
County shall reimburse the Developer the actual costs incurred by the Developer to install the
discharge points. The costs include, but are not limited to mobilization, site work, installation costs,
and material costs. Prior to commencing construction of the improvements, the County and
Developer shall cooperate to advertise and bid the improvements in accordance with the County's
normal solicitation procedures for public road projects. The County shall provide written notice to
the Developer documenting the result of such solicitation and ranking all qualified bids from lowest
to highest, with the dollar amount of the lowest qualified bid being hereinafter referred to as
responsible bidders. Final reimbursement amount shall not exceed $93,888.50 or the
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low bid amount, whichever is less. No Certificates of Occupancy for Hyde Park Village shall be
issued until the temporary easements are recorded.
15. Five years after the completion of the construction of the stormwater lake and
discharge system identified above and every five years thereafter, Developer shall perform an
inspection by a certified engineer to assess the condition of the stormwater system. The inspection
report shall be forwarded to the County for monitoring. Developer and its successors in interest,
including any homeowner associations, will be solely responsible for the perpetual operation and
maintenance of the shared stormwater management system, which includes everything from the
manholes, to the conveyance pipes, to the stormwater lakes, to the ultimate permitted discharge.
Notwithstanding the sole maintenance responsibility, the parties acknowledge that due to the
importance of the drainage from roadway projects, the above drainage easement will include a
maintenance easement to allow Collier County to do whatever it deems necessary to repair or
maintain the drainage system. If, after reasonable written notice to the Developer of a repair or
maintenance issue concerning the shared stormwater management system goes unheeded, the
County may enter the Development for the purpose of repairing or maintaining the system, and
the Developer will pay the County its full cost incurred in conducting such repair and maintenance.
Developer may assign the obligations under this paragraph to the CDD or a homeowners
association and upon providing written notice of such assignment to the County; the Developer
will be released from all obligations under this paragraph.
16. Indemnification by and Liability of County. County shall be responsible for
performing any cleanup of the stormwater management system (which conveys roadway runoff to
the outfall at the Faka Union Canal) that may be required by local, state or federal regulations
resulting from an accident or spill on Oil Well Road which discharges pollutants, hazardous waste
or other material defined or designated as toxic or hazardous under local, state or federal
regulations into the stormwater system.
17. Should the County be ready to construct Oil Well Road prior to the approval of the
first development order establishing the stormwater management area, Developer shall provide an
area identified on Exhibit F to allow the County to place pond sites, which may be altered by the
Developer once the development commences. The County will be responsible for all permitting
and construction costs.
18. Developer, on behalf of itself, its successors and assigns (including any and all
future owners and tenants, both commercial and residential, within the Development), will give all
successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease
land from the Landowner a separate written notice of the planned Big Cypress Parkway and Oil
Well Road roadway improvements with the statement that the County will not construct or
contribute funding for the construction of any sound wall or other barrier of any kind to reduce the
impact, noise, etc.
19. Within 60 days of request by Collier County, the Developer shall convey fee simple
and free and clear of all liens and encumbrances, and in exchange for road impact fee credits, a
parcel of land located approximately 100' north and 100 feet west of the southeast corner of the
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Hyde Park Village SRA to be used to facilitate right turning movements from the proposed public
right-of-way onto Oil Well Road. The size of the parcel shall not exceed 5,000 square feet.
Developer shall receive Road Impact Fee Credits for this acreage in the amount established
pursuant to paragraph 22 below.
20. Upon meeting the minimum traffic signal warrants set forth by the Manual On
Uniform Traffic Control Devices and within 90 days of written request by Collier County the
Developer, or its successors or assigns, shall provide payment to Collier County of the SRA's fair
share cost of installation of a traffic signal at DeSoto Boulevard and Oil Well Road.
21. Within one hundred and eighty (180) days of the effective date of this provision,
Developer will convey a twenty (20) foot wide access easement along the western border of the
project adjacent to the existing BCB easement for the Faka Union Canal. Within ninety (90) days
of the conveyance of the access easement, the County will pay to the Developer the amount
established pursuant to paragraph 22 below. No structures of any kind will be allowed within that
twenty (20) foot access easement.
Prior to conveying the access easement to the County, the County shall receive a right -of -
entry from the Big Cypress Basin to allow the Developer to hydro axe the exotic vegetation only
along the eastern shore of the Faka Union Canal that is within the existing drainage canal. The
Developer shall be reimbursed for such clearing as noted below. Developer shall clear, grade and
sod the access easement area with Bahia grass. Within 90 days, County shall reimburse the
Developer for the clearing, grading and sodding of the access easement area and the clearing of
the existing canal area. Prior to commencing construction of the improvements, the County and
Developer shall cooperate to advertise and bid the improvements in accordance with the County's
normal solicitation procedures for public road projects. The County shall provide written notice to
the Developer documenting the result of such solicitation and ranking all qualified bids from
lowest to highest, with the dollar amount of the lowest qualified bid being hereinafter referred to
as responsible bidders. Final reimbursement amount shall not exceed $43,954.25 for clearing,
grading and seeding the 20' access easement and $38,200 for clearing the existing easement area
for a total agreed amount of $82,154.25 or the low bid amount, whichever is less. It is anticipated
that the South Florida Water Management District (responsible for maintenance per the
Cooperative Agreement) will mow/maintain the easement areas based on their normal
maintenance schedule which shall be a minimum of twice per year.
22. The value of the land indicated in paragraphs 11,12, 19 and 21 above shall be
determined by two accredited appraisers who are mutually agreed upon by the parties. The
purchase price shall be based on the market value of the land as set aside just prior to the SRA
action and shall be equal to the average of the two appraisals. The parties shall share equally in the
appraisal costs.
23. All Road Impact Fee credits identified herein shall run with the Development and
shall be automatically reduced by the entire amount of each Road Impact Fee due for each Building
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Permit issued thereon until the Development is either completed or the credits are exhausted or
otherwise assigned. Any assignments of Road Impact Fees shall be governed by the Collier County
Consolidated Impact Fee Ordinance, as amended from time to time.
Legal Matters
24. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
25. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The
term "Developer" shall include all of Developer's assigns and successors in interest, including
homeowner associations and commercial tenants.
26. In the event state or federal laws are enacted after the execution of this Agreement,
which are applicable to and preclude in whole or in part the parties' compliance with the terms of
this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement.
27. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the Effective Date. The Developer shall pay all
costs of recording this Agreement. The County shall provide a copy of the recorded document to
the Developer upon request.
28. In the event of any dispute under this Agreement, the parties shall attempt to resolve
such dispute first by means of the County's then -current Alternative Dispute Resolution Procedure,
if any. Following the conclusion of such procedure, if any, either party may file an action for
injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and
remedy being cumulative with any and all other remedies available to the parties for the
enforcement of the Agreement.
29. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder (including County's option) shall be in writing
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized
overnight delivery service, and addressed as follows:
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, FL 34112-5746
Neal Communities
Attn: Timothy Oak
28100 Bonita Grande Drive
Bonita Springs, FL 34135
(239) 405-7366
Email: toak@nealcommunities.com
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Neal Communities
Attn: Patrick K. Neal
5800 Lakewood Ranch Blvd. North
Sarasota, Florida 34240
(941) 328-1037
Email: pneal@nealcommunities.com
Neal Communities
Attn: James R. Schier
5800 Lakewood Ranch Blvd. North
Sarasota, Florida 34240
(941) 328-1040
Email:
ischier@Aealcommunities.com
30. This Agreement (which include the references set forth in the Recitals) constitutes
the entire agreement between the parties with respect to the activities noted herein and supersedes
and takes the place of any and all previous agreements entered into between the parties hereto
relating to the transactions contemplated herein. All prior representations, undertakings, and
agreements by or between the parties hereto with respect to the subject matter of this Agreement
are merged into, and expressed in, this Agreement, and any and all prior representations,
undertakings, and agreements by and between such parties with respect thereto hereby are
canceled.
31. Nothing contained herein shall be deemed or construed to create between or among
any of the parties any joint venture or partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
AS TO COUNTY and the COLLIER COUNTY WATER -SEWER DISTRICT:
ATTEST:
CRYSTAL K. KINZEL, Clerk
AS TO DEVELOPER:
WITNES//
i�'sielS� �
(Print full name)
(Signature) ' U
Z—) s ig Sac rcr P
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
1
BOARD OF COUNTY COMMI41NERS
COLLIER COUNTY, FLORIDA;,A behalf of
Y
Collier County, Florida and ,:Ex-Officio the
Governing dy of the C 11ier. Lr4t Water -Sewer .
District.
By:
Chairman
Neal Communities of Southwest Florida, LLC
B
Printe Name: a
Title: e f e re -Ae
The foregoing i trument was acknowled� before me this Z day of iNf ,
2020, by � T� Rig , as�� wwa4— % 1r-0+O'r f Neal Communities of Southwest
Florida, LLC. He is [Wpersonally known to me, or [ ] has produced driver's license number
as identification.
••'ap :P�Q `'. BENJAMIN A. GIBBS
O.•' .:
MY COMMISSION # GG 10783D
EXPIRES: June 17, 2021
Gondod Thru Notary Public Uncer,4ritzrs
legality:
Jeffrey A. 1jdtzVjS4 County Attorney
7FV�
NOTARY PtWC
Name: Benjamin Gibbs
My Commission Expires:
Exhibit A
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DRAWN BY: DATE: 950 Encore Way DRAWING NO.
G.N 12 13 19 Naples, FL. 34110 SKETCH AND LEGAL H-NO
1216
SHEET OF SHEET Dm Phone: (239) 254-2000 PROJECT 001
1 2 HOLE MONTES Florida Certificate of
SEC-TWN-RGE: ENGINEERS PAWNERS SURVEYORS Authorization N01772 CLUE HYDE PARK EASEMENT FILE NAME
16-48S-28E .
HiYE PARR-N-SNEICH AND 1lGALdrp
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CURVE
RADIUS
DELTA ANGLE
CHORD LENGTH
CHORD BEARING
ARC LENGTH
C1
50.00'
11'15'00"
9.80'
S 83'57'36" W
9.82'
C2
50.00'
79' 10'36"
63.73'
S 38'44'48" W
69.09'
C3
50.00'
63'21'24"
52.52'
S 57'59'43" W
55.29'
C4
82.82'
44'22'24"
62.55'
N 56'08'54" E
64.14'
C5
50.00'
1 1' 15'00"
9.80'
N 83'57'3611 E
9.82'
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH EAST CORNER OF SECTION 16, TOWNSHIP 48
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
S01'27'20"E FOR A DISTANCE OF 35.51 FEET; TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED; THENCE CONTINUE S01'27'20"E FOR A DISTANCE OF
34.51 FEET; THENCE RUN S89'44'00"W FOR A DISTANCE OF 1894.12 FEET; THENCE
RUN S78'29'00"W FOR A DISTANCE OF 78.00 FEET; THENCE RUN S89'44'00"W FOR
A DISTANCE OF 74.15 FEET; THENCE RUN N79'01'00"W FOR A DISTANCE OF 78.00
FEET; THENCE RUN S89'44'00"W FOR A DISTANCE OF 522.39 FEET; THENCE RUN
S89'35'06"W FOR A DISTANCE OF 2401.26 FEET; THENCE RUN S00'19'35"E FOR A
DISTANCE OF 30.00 FEET; THENCE RUN S89'35'06"W FOR A DISTANCE OF 20.00
FEET; THENCE RUN N00'19'35"W FOR A DISTANCE OF 30.00 FEET; THENCE RUN
S89'35'06"W FOR A DISTANCE OF 64.26 FEET, TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF
50.00 FEET, THROUGH A CENTRAL ANGLE OF 11'15'00" AND BEING SUBTENDED BY A
CHORD OF 9.80 FEET AT A BEARING OF S8357'36"W, FOR AN ARC LENGTH OF 9.82
FEET; THENCE RUN S78'20'06"W FOR A DISTANCE OF 54.69 FEET, TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 79'10'36"
AND BEING SUBTENDED BY A CHORD OF 63.73 FEET AT A BEARING OF S38'44'48"W,
FOR AN ARC LENGTH OF 69.09 FEET; THENCE RUN S00'50'30"E FOR A DISTANCE OF
298.94 FEET; THENCE RUN N89'40'25"E FOR A DISTANCE OF 200.11 FEET; THENCE
RUN S00'19'35"E FOR A DISTANCE OF 12.23 FEET; THENCE RUN S89'40'25"W FOR
A DISTANCE OF 96.33 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;
THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET,
THROUGH A CENTRAL ANGLE OF 63'21'24" AND BEING SUBTENDED BY A CHORD OF
52.52 FEET AT A BEARING OF S57'59'43W, FOR AN ARC LENGTH OF 55.29 FEET;
THENCE RUN S89'40'25"W FOR A DISTANCE OF 108.73 FEET; THENCE RUN
N00'50'30"W FOR A DISTANCE OF 340.42 FEET; THENCE RUN N33'57'41"E FOR A
DISTANCE OF 55.35 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;
THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.82 FEET,
THROUGH A CENTRAL ANGLE OF 44'22'24" AND BEING SUBTENDED BY A CHORD OF
62.55 FEET AT A BEARING OF N56'08'54"E, FOR AN ARC LENGTH OF 64.14 FEET;
THENCE RUN N78'20'19"E FOR A DISTANCE OF 65.05 FEET, TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING
A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 11'15'00" AND BEING
SUBTENDED BY A CHORD OF 9.80 FEET AT A BEARING OF N83'57'36"E, FOR AN
ARC LENGTH OF 9.82 FEET; THENCE RUN N89'35'06"E FOR A DISTANCE OF 2482.21
FEET; THENCE RUN N89'44'00"E FOR A DISTANCE OF 2642.98 FEET, TO THE POINT
OF BEGINNING. CONTAINING 4.7 ACRES, MORE OR LESS.
BEARINGS REFER TO EAST LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, AS BEING S01'27'20"E.
LINE
BEARING
DISTANCE
L1
S
01'27'20"
E
35.51'
L2
S
01'27'20"
E
34.51'
L3
S
78'29'00"
W
78.00'
L4
S
89'44'00"
W
74.15'
L5
N
79'01'00"
W
78.00'
L6
S
00' 19'35"
E
30.00'
L7
S
89'35'06"
W
20.00'
1-8
N
00' 19'35"
W
30.00'
L9
S
89'35'06
W
64.26'
L10
S
78'20'06
W
54.69'
1-11
S
00'50'30"
E
298.94'
L12
N
89'40'25"
E
200.11'
L13
S
00' 19'35"
E
12.23'
L14
S
89'40'25"
W
96.33'
L15
S
89'40'25"
W
108.73'
L16
N
00'50'30"
W
340.42'
L17
N
33'57'41 "
E
55.35'
L18
N
78'20' 19"
E
65.05'
HOLE MONTES, INC.
,.•``%%BPS„M..
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CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
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5628 t -
o STATE OF ? n
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Digitally signed by Thomas M Murphy
_ ,, DIN: -Thomas M Murphy, o=Hole Montes Inc,
= n ° FLORIDA .e
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Date: 2019.12.1614o'"50:39-05'00'
''pa�geSDryey,psPP6,`,••
BY
LS5628
THOMAS
M. MURPHY STATE OF
FLORIDA
*NOT A
SURVEY*
DRAWN .N
G.N
DATE:
72 13 19
95e Encore Way
Naples, FL. 34110
SKETCH AND LEGAL
DRAWING 12
SHEET
OF SHEET
Phone: (239) 254-2000
PROJECT NO.
17.001
2
2
HOLE MONTES Florida Certificate of
CCUE HYDE PARK EASEMENT
FILE NAME
SEC-TWN-RGE:
16-48S-28E
ENGINEERS PLANNERS SURVEYORS Authorization No.1772
HYPE PARK-H-SEEICH.IHD ILCALEeo
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11E
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TEMPORARY DRAINAGE EASEMENT
THIS TEMPORARY DRAINAGE EASEMENT, made and entered into this day of
20_ by , whose mailing address is
(hereinafter referred to as "Grantor"), to 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, its successors and assigns,
(hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns. Grantor
and Grantee are used for singular or plural, as the context requires.)
WI TNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration
paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the Grantee, a temporary easement for the purposes to
enter upon and to install and maintain drainage structures and facilities, including but not limited
to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and
various types of water control structures, over, under, upon and across the following described
lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS/IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said
land, place and/or excavate materials for the purpose of constructing, operating, and maintaining
drainage facilities thereon. This easement includes the right to remove and use any and all
excavated material. The easement granted herein shall constitute an easement running with the
land and shall burden the lands described above until it's termination.
The term of this Temporary Drainage Easement shall commence upon the issuance of
Grantee's official Notice to Proceed to its roadway contractor for the construction of [ENTER
PROJECT NAME AND NUMBER] and shall automatically terminate days therefrom.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
AS TO GRANTOR:
Witness:
Print Name:
Witness:
By:
Print Name:
STATE OF _
COUNTY OF
The foregoing Temporary Drainage Easement was acknowledged before me this day of
, 20 , by , on behalf of , who:
is personally known to me
mo z,
produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
Assistant County Attorney
Last Revised: 10/15/10
11E
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 1 E
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.
2.
3. County Attorney Office County Attorney Office WS) I I/Act jaC015
4. BCC Office Board of County b
Commissioners . )15I I�•�-62O
5. Minutes and Records Clerk of Court's Office (7, )Viiki pi
I ID:Si614*
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 Deborah Goodaker Phone Number 252-8922
Contact/ Department
Agenda Date Item was 6/9/20 Developer Agreement Agenda Item Number 11-E
Approved by the BCC
Type of Document Easement Agreements(x2) Number of Original 2
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
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? DKG
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 2
signed by the Chairman,with the exception of most letters,must be reviewed and signed C1 J
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's -r
Office and all other parties except the BCC Chairman and the Clerk to the Board l'1
5. The Chairman's signature line date has been entered as the date of BCC approval of the DKG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DKG
signature and initials are required. _
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N/A
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 6/9/20 and all changes made during the DKG i
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable. `l'
9. Initials of attorney verifying that the attached document is the version approved by the i
BCC,all changes directed by the BCC have been made, and the document is ready for the 11b,
Chairman's signature. �l
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
11E
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, December 1, 2020 4:42 PM
To: GoodakerDeborah
Subject: NE Expansion East/West Parcels (6/9/2020 BCC Mtg. - Agenda Item #11E)
Attachments: Deborah Goodaker.pdf
Hi Deborah,
Attached is a copy of both agreements for your records.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
c,,` k, Office: 239-252-7240
Fax: 239-252-8408
T
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
le 'I.
& Comptroller of Collier County
```kK{„,„.0 ` 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
1 1E
0,
ol
Memorandum
_I)( '1,
TO: Minutes & Records Management
FROM: Deborah Goodaker
Property Acquisition Specialist
Real Property Management
DATE: November 24, 2020
RE: NE EXPANSION / HYDE PARK / Easement Agreements
Please find attached the original Easement Agreement from (1) Hyde Park Land Holdings,
LLC to Collier County; and (2) Neal Communities of Southwest Florida, LLC to Collier
County, to be attested as to Chairman's signature, and filed in your usual manner.
Please file them in a new folder entitled NE Expansion/Hyde Park folder under RPM in the
BMR records and provide a copy of each to us via email.
Kindly contact Debi Goodaker (x8922) if you have any questions or comments.
Thank you.
l iE
PROJECT: NE Expansion—West Parcel
Neal Communities of SWFL
FOLIO#:
EASEMENT AGREEMENT
THIS, ASEMENT AGREEMNT (hereinafter referred to as the "Agreement") is made and entered into
on this 7 day of A,t-i.:-,1(6 i- , 20 Z., by and between NEAL COMMUNITIES OF SOUTHWEST
FLORIDA, LLC, a Florida limited liability company (hereinafter referred to as "Owner"), whose mailing address
is 5800 Lakewood Ranch Blvd., Sarasota, FL 34240, and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement to provide water and wastewater
infrastructure 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;
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms
and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement;
NOW THEREFORE, in consideration of these premises, the sum of Ten ($10.00) U.S. Dollars, 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. Owner shall convey the Easement to Purchaser for the sum of Three Hundred Twenty-Two and 50/100
U.S. Dollars ($322.50), payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Easement conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting
to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement
to Purchaser.
2. Prior to 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. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of
Closing.
3. 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 Purchaser executes this Agreement; provided, however, that Purchaser
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 Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form
acceptable to Purchaser.
Page 1 of 3
11E
4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to
acceptance and approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the property underlying the Easement, and all uses of the said 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 underlying
the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any
spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be
sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or threatened environmental lien
against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding
the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying
the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to
reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation
under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of
Collier County, Florida. All other costs associated with this transaction including but not limited to
transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be
borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with
securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the property underlying the Easement from the mortgagee(s). The cost of a title commitment
shall be paid by Purchaser.
8. 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.
9. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated above; and the 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.
10. If the Owner holds the property underlying the Easement 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 underlying the Easement before the
Easement held in such capacity is conveyed to Purchaser, 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 hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
Page 2 of 3
I��o
! lE
1 1. This Agreernont is gove'red and construed in accordance with the laws of he State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ‘' day of
1.10N(AnnbtiV" , 2020,
Date Easement acquisition approve° by BCC: _ /W-Zel—
AS TO OWNER: NEAL COMMUNITIES OF SOUTHWEST
FLORIDA; LC, a Floridari Iir ' d liability company
By: /l
Witness 5igna =tint Narne:
.i
Print Narneo" C7C‘AV'of�l Its: James R. Schier V/
/
j'rY17 /47.
(te
1Mhess Sigytature
Print Name: Amy R. Mallon
AS TO C UNTY: ,
DATED:, e.L0( 1 ( I , ; 3C
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk OF COLLIE COUNTY, FLORIDA
.107E1 A--. (4 . e ,
•
Y ,,,tde-eiwig---
pu .' b Burt L. Saunders, Chairman
Attest til fo Chairman's
."!ifre only. .f
t1
"Approved as to form and iegar "
ie '
Jenifer 7�.. Flpe 3ia,A s;tint County C,11or lAy
L/ 1� Page 3 of 3
IF\2017\2017001\BOUN0MRIFS\INCNFS,FR IAKFS\17001 CUF SPILL I.d.g 10/20/2070 9•)143 AM Pb,led by na+No.eu fxH 8Ir "A, " 11r
CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH
\\ C1 50.00' 63'21'24" 52.52' S 57'59'43" W 55.29'
PO.N' OF
COMMENCEMENT
NW CORNER SFC 16
LINE BEARING DISTANCE
A L1 S 00'19'35" E 12.23'
L2 N 00'50'30" W 39.81'
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N 89'40'25" E 250.11' r-
POINT O
3 CNN�.NC G1 .---
S 89'40'25" W 96.33'
1 S 89'40'25" W 108.73'
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
SO0'50'30"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 429.91 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N89'40'25"E FOR A DISTANCE OF 250.11 FEET; THENCE RUN
SO0'19'35"E FOR A DISTANCE OF 12.23 FEET; THENCE RUN S89'40'25"W FOR A DISTANCE OF 96.33 FEET, TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 63'21'24" AND
BEING SUBTENDED BY A CHORD OF 52.52 FEET AT A BEARING OF S5T59'43"W, FOR AN ARC LENGTH OF 55.29 FLU TO THE END OF SAID
CURVE; THENCE RUN S89'40'25"W FOR A DISTANCE OF 108.73 FEET TO A POINT ON SAID WEST LINE OF THE NORTHWEST QUARTER; THENCE
RUN NO0'50'30"W ALONG SAID WEST LINEFOR A DISTANCE OF 39.81 FEET, TO THE POINT OF BEGINNING. CONTAINING 6412.25 SQUARE FEET,
MORE OR LESS
,`„,,,,,,IIIIIIIII,.,,,,,,,
HOLE MONTES, INC. 4PS.M' MG7p
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 r ' .4`'`ti�O'.cecge•Mu�4.A..L',
EXHIBIT
DIVtaey slp"d py Thomas M Murphy = 28
I•A...,c- Al d'r .. Imcou.a A.Iw. phy�h a qCo PAGE OF a o STATE OF ' Q
B'. Date.2020.10 20 101442 a00 LS5628 - .. ;�s ':FLORIDA;' ,
THOMAS M. MURPHY STATE OF FLORIDA ���''',, w S"....�''6`>,
e'h,,,, Urvey�1�,,,,,
„ ,. ``
DRAWN 8v DATi:: 950 Encore Way DRAW,NC NO
BEN ,o/2o20 H-1216-1W
HaiNaples, FL. 34110 SKETCH AND LEGAL
SHEET i OF SHEET PROJECT NO
1 2 Phone: (239) 254-2000 CUE HYDE PARK EASEMENT - WEST 2020.619
Si:C-iWN-RCF: HOLE MONTES Florida Certificate of uT NAME
16 48S-28E E71GAEFS PJIHB SUT,44o.S Authorization No.1772 NO A SO;2Vry
MO,Cut VIP•aq
1 lE
PROJECT: NE Expansion — East Parcel
Hyde Park Land Holdings
FOLIO#:
EASEMENT AGREEMENT
THIS EASEMENT A� �REEM NT (hereinafter referred to as the "Agreement") is made and entered into
on this = (( day of A t ;; %� f , 20 L by and between HYDE PARK LAND HOLDINGS, LLC, a
Florida limited liability company (hereinafter referred to as "Owner"), whose mailing address is 5800 Lakewood
Ranch Blvd., Sarasota, FL 34240, and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement to provide water and wastewater
infrastructure 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;
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms
and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement;
NOW THEREFORE, in consideration of these premises, the sum of Ten ($10.00) U.S. Dollars, 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. Owner shall convey the Easement to Purchaser for the sum of Ninety-Eight Thousand Nine Hundred
U.S. Dollars ($98,900.00), payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Easement conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting
to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement
to Purchaser.
2. Prior to 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. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of
Closing.
3. 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 Purchaser executes this Agreement; provided, however, that Purchaser
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 Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form
acceptable to Purchaser.
Page 1 of 3
l IE
4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to
acceptance and approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the property underlying the Easement, and all uses of the said 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 underlying
the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any
spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be
sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or threatened environmental lien
against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding
the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying
the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to
reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation
under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of
Collier County, Florida. All other costs associated with this transaction including but not limited to
transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be
borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with
securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the property underlying the Easement from the mortgagee(s). The cost of a title commitment
shall be paid by Purchaser.
8. 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.
9. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated above; and the 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.
10. If the Owner holds the property underlying the Easement 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 underlying the Easement before the
Easement held in such capacity is conveyed to Purchaser, 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 hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the State of Florida.
Page 2 of 3
! lE
IN WITNESS WIIbREOF, the parties hereto have executed this Agreement on this I day of
NOV eohnbGV' , 2023.
Date -_asement acquisition approved by BCC: 6/9
AS TO OWNE HYDE PARK AND HOLDINGS, I I C,
a Florida li i d liability corn ny
By: W .-----------
Ye'itness Si n ure
Pint rile: James R. Schier
Pr nt Name:V i e7&�ANAVYA Rion
;JJ Its: Manager
`-J/h/l.'1/ 1(/' (.*ef(e-- -
witji s.s Slgt tuft?
Pr.nt 1 lamv Amy R. Mallon
AS TO COUNTY: -I-
DATED_ emlacT I )(3
ATTEST BOARD 01 COUN1YCOMM1SSION1 HS
Crystal K. Kinzel, Clerk OF COLLIER COUNTY, FLORIDA
At.,117,1...."
:Pit 4r to Chairman's
ePury rk Burt L. Saunders, Chairman
,*,, ,:f,i-a r.r?v.
( )
tk y�
o'
'Approved as tto,'arrn Oft: fc'-}okrOR�.1'
' ,p)-(-:--;'"A, �
a
Li
Jentfer A. BelpediU,Ass ant Cc► nty Manley 4 1\
1
Page 3 of 3
yJ
it\20171,2017001\BOUNOARIt S\WINCHtSIFR(ARCS\,7001 Cur SRII deg 10/20/2020 9171J AY Potted by&More/ e 1/L 8 27 7 "� n " I I. C
�A'CHL IV. SC_E RICH' BE.OW CURVE RADIUS DELTAEL (ANGLE+ CHORD LENGTH /C-HjORD BEARING ARC LENGTH I.
I♦ _ _ C1 82.82' 44'22'24' 62.55' N 56'O8'54" E 64.14'
C2 50.00' 11'15'00" 9.80' N 83'57'36" E 9.82'
C3 50.00' 1 1'15'00" 9.80' S 83'57'36" W 9.82'
L4 C4 50.00' 79'10'36" 63.73' S 38'44'48" W 69.09'
CAS' i.NE NE OUARIER SEC '6
LINE BEARING DISTANCE
Lt S 00'50'30" E 129.30'
L2 N 33'57'41" E 55.35'
L3 N 78'20'19" E 65.05'
Z L4 S 01'27'20" E 34.51'
L5 S 78'29'00" W 78.00'
L6 S 89'44'00" W 74.15'
C 50 300 L7 N 79'01'00' W 78.00'
L8 S 00'19'35" E 30.00'
L9 S 89'35'06' W 20.00'
1" - 300' L10 N 00'19'35" W 30.00'
L11 S 89'35'06" W 64.26'
L12 S 78'20'06" W 54.69'
L13 S 00'50'30" E 298.94'
L14 S 89'40'25" W 50.00'
L15 N 00'50'30" W 300.61'
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
N
COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE
28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00'50'30"E ALONG THE WEST LINE
• 14 EXHIBIT ; OF THE NORTHWEST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 129.30 FEET TO
p�G� � _ THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
$ N33'57'41"E FOR A DISTANCE OF 55.35 FEET, TO THE BEGINNING OF A TANGENTIAL
it
x CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.82
m 8 k FEET, THROUGH A CENTRAL ANGLE OF 44'22'24" AND BEING SUBTENDED BY A CHORD
et H OF 62.55 FEET AT A BEARING OF N56'08'54"E, FOR AN ARC LENGTH OF 64.14 FEET TO
7/ t THE END OF SAID CURVE; THENCE RUN N78'20'19"E FOR A DISTANCE OF 65.05 FEET,
TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO
z i THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 11'15'00"
m AND BEING SUBTENDED BY A CHORD OF 9.80 FEET AT A BEARING OF N83'57'36"E, FOR
13 AN ARC LENGTH OF 9.82 FEET TO THE END OF SAID CURVE; THENCE RUN N89'35'06'E
4 FOR A DISTANCE OF 2482.21 FEET; THENCE RUN N89'44'00"E FOR A DISTANCE OF
k 2642.98 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
z SECTION 16; THENCE RUN SO1'27'20"E ALONG SAID EAST LINE FOR A DISTANCE OF 34.51
FEET; THENCE RUN 589'44'00"W FOR A DISTANCE OF 1894.12 FEEL; THENCE RUN
S78'29'00"W FOR A DISTANCE OF 78.00 FEET; THENCE RUN S89'44'00"W FOR A
DISTANCE OF 74.15 FEET; THENCE RUN N79'01'00"W FOR A DISTANCE OF 78.00 FEET;
THENCE RUN S89'44'O0"W FOR A DISTANCE OF 522.39 FEET; THENCE RUN S89'35'06"W
FOR A DISTANCE OF 2401.26 FEET; THENCE RUN SO0'19'35"E FOR A DISTANCE OF 30.00
FEET; THENCE RUN S89'35'06"W FOR A DISTANCE OF 20.00 FEET; THENCE RUN
N00'19'35Ni FOR A DISTANCE OF 30.00 FEET; THENCE RUN S89'35'06'1V FOR A
DISTANCE OF 64.26 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE;
THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A
CENTRAL ANGLE OF 11'15'00" AND BEING SUBTENDED BY A CHORD OF 9.80 FEET AT A
BEARING OF S83'57'36"W, FOR AN ARC LENGTH OF 9.82 FEET TO THE END OF SAID
CURVE; THENCE RUN S78'20'06"W FOR A DISTANCE OF 54.69 FEET, TO THE BEGINNING
OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 79'10'36" AND BEING
\ SUBTENDED BY A CHORD OF 63.73 FEET AT A BEARING OF S38'44'48"W, FOR AN ARC
LENGTH OF 69.09 FEET TO THE END OF SAID CURVE; THENCE RUN S00'50'30"E FOR A
DISTANCE OF 298.94 FEET; THENCE RUN S89'40'25"W FOR A DISTANCE OF 50.00 FEET
lbtiiq - n TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16;
t6 THENCE RUN N00'S0'30YV ALONG SAID WEST LINE FOR A DISTANCE OF 300.61 FEET, TOJ \ ; THE POINT OF BEGINNING. CONTAINING 4.6 ACRES, MORE OR LESS. ��,�.��t""""",,.,,,
��PS M. M�'%
8 ''
L13 O ,.••, N•.• Qo ''
�p HOLE MONTES, INC.
Li L15 �. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 :
R WEST LINT NW 0I ART(R SIC 16 - 5628
POINT OF (BASIS OF RARING) N o IE STATE OF •' �'
POiN' OF , �..,......tow ..........no,« .....w :1,, '•,.FLORIDA l
COMMENCEMENT r BY n, ., M:',*,e,.r.,.-,a."" LS5628 ''''",%°/Sun/v/ ....
�
NW CORNER SEC 16
MATCH,_uNt SEE Et-; ABOVE THOMAS M. MURPHY STATE OF FLORIDA ��"''""i,,,,,;;eya,,,,,
DRAWN 9Y- DATE' 950 Encore Way
BEN 10/2020 Naples, FL. 34110 SKETCH AND LEGAL DRAWING
SHEET 1 OF SHL� Phone: (239) 254-2000 PROJECT NO.
HOLE MONTES Florida Certificate of CUE HYDE PARK EASEMENT - EAST 2020.619
SEC IWN-RCF: EA„A PLYIk s oft Authorization �� NAME
16-48S-28E No.1772 �0' A S RVEv
- MO.[1A SK/T ft