Parcel 102AME PROJECT: 77777 Road Maintenance
PARCEL: 102AME
FOLIO: 00234520000
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreem: t") is made and
entered into on this Lf e--11- day of TO r1 Ua , 2024, •y and between
SUNNILAND FAMILY LIMITED PARTNERSHIP, a Florida Limited Partnership, whose
mailing address is P.O. Box 930, Immokalee, FL 34143 (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, FL 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Boat
Ramp, Access and Maintenance 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 for the sole purpose of constructing a boat
ramp and accessing and maintaining the Barron Canal, also known as the SR 29 Canal;
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 without the payment of monetary
compensation by County and at no cost to the Owner. Said conveyance (Owner's
delivery to County of a 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. UNDERTAKINGS —The Owner will cooperate with County to procure the removal
of the defunct pipeline crossing the Barron Canal but does not warrant that the
pipeline will be removed.
7. GATES, FENCE AND OTHER FACILITIES — County shall install gates and
fencing designed to prevent the public from gaining access to the two boat ramps
to be constructed within the Easement area. All facilities constructed and installed
by County within the Easement area shall be maintained by County at its sole cost
and expense. Additionally, all plans for construction and installation of the boat
ramps, gates and fencing shall be furnished to Owner for review prior to
construction.
8. REVERTER — In the event that the Easement is no longer needed for purposes of
accessing and maintaining the Barron Canal, then the Easement shall terminate
and all rights granted hereunder shall revert to Owner. Additionally, County shall
be required to remove all improvements constructed and installed by County from
the Easement area and shall take reasonable steps to restore the Easement area
to its condition prior to installation of such improvements at its sole cost and
expense.
9. 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
.ti
no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
10. 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.
AS TO COUNTY:
DATED: vA„,..‘ ,2)-, " -1
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K #CINZEL, Clerk of the COLLI COUNTY, FLORIDA
Circuit Cq.crl't 3.Cor;ptroller
BY: ` '` BY:
�lerk f
tt S s Ch & y Penny Taylor, airperson
4
AS TO OWNER:
DATED:
SUNNILAND FAMILY LIMITED PARTNERSHIP,
a Florida limited partnership,
By: SUNNILAND PARTNERS, LLC,
Witness (Signature) a Florida limited liability company,
\Ly\O its general partner
(Print or T e) ` .L2 -�Name By: �
ALIESE P. PRIDDY, Manager/ ember
Witn ss ( ig ure
0, (-\\-dt, —)1/\% il I v51-
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney ���
SKETCH AND DESCRIPTION EXHIBIT"A"
PROPOSED BOAT RAMPS PAGE 1 OF 1
A PORTION OF A PARCEL DESCRIBED IN O.R.BOOK 4868 PAGE 3132 AND BEING A PORTION OF EAST ONE HALF OF
SECTION 29,TOWNSHIP 48 SOUTH,RANGE 30 EAST OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN O.R.BOOK 4868 PAGE 3132 LESS THE RIGHT-OF-WAY OF
STATE ROAD 29 IN THE EAST ONE HALF OF SECTION 29,TOWNSHIP 48 SOUTH,RANGE 30 EAST,COLLIER COUNTY,FLORIDA;THENCE
RUN NORTH 00'46'16"WEST ALONG SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL A DISTANCE OF
617.81 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE ALONG WEST LINE OF SAID PARCEL AND THE EASTERN BANK OF THE
EVERGLADES-IMMOKALEE CANAL NORTH 00'46'16"WEST A DISTANCE OF 520.00 FEET;THENCE LEAVING SAID WEST LINE OF SAID
PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL NORTH 89°'13'14"EAST A DISTANCE OF 150.00 FEET;
THENCE SOUTH 00'46'16"EAST A DISTANCE OF 520.00 FEET;THENCE SOUTH 89'13'44"WEST A DISTANCE OF 150.00 FEET TO A POINT
ON THE WEST LINE OF SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL,SAID POINT BEING THE POINT
OF BEGINNING.
CONTAINING 1.80 ACRES MORE OR LESS
lik
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{7.___ TOP OF BANK GRAPHIC SCALE
o 400
ICIlirdilaill
( 1Nr )
1 inch - 200 ft.
8 1/2 X 14 Not to Scale
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M Y THIS IS NOT A SURVEY
2 PROPOSED
2 BOAT RAMPS GENERAL NOTES:
J1
W 1 DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
0
5 2.BEARINGS ARE ASSUMED AND BASED ON THE WEST LINE
V. N 89'13'44"E
ce 150.00 OF PARCEL,BEING NORTH 00°46'16"WEST.
w 3.LEGEND:
' O.R.=OFFICIAL RECORD BOOK
P.O.B.=POINT OF BEGINNING
,., P.O.C.=POINT OF COMMENCEMENT
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.$ I 0
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EXISTING
`--ASPHALT SUNNILAND FMLY LTD
S89.13r44"W ROAD PARTNERSHIP
0 150.00
+ O.R. 4868 PAGE 3132
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THOMAS J.ANDERSON,P.S.M.
FLORIDA SURVEYOR 8 MAPPER LS 5804
COLLIER COUNTY SURVEYOR
SECTION 29 _ COLLIER COUNTY
SECTION 32 Growth Management Department
Road Maintenance Division
P.O.C.
OC 2885 South Horseshoe Drive,Naples Florida 34104
Phone:239-252-5810 Fax 239-252-5828
11,IIc St AI I I'i .t\.r Ille Fri
02-20-2020 1" 200 S R 29 2948- 0 190340
REVISED:4.28-20 ADDED 100'NORTH AND SOUTH OF ORIGINAL PROPOSED BOAT RAMP LAYOUT .