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Parcel 725 PROJECT: Collier Blvd. Project #60001 PARCEL No(s): #725 FOLIO No(s): 62030000021 AGREEMENT THIS AGREEMENT (here' after referred to as the "Agreement") is made and entered into on this E- day of , 2007, by and between, NAPLES LAKES COUNTRY CLUB HOMEOWN RS ASSOCIATION, INC., a Florida Non Profit Corporation, whose mailing address is 4784 Inverness Club Drive, 34112 (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 Temporary Construction 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 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. 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: t. 21. 01- . ~ f ATTEST: DWIGHT E. BROCK, Clerk At~~~ to eoa lnll.'lA ~ eputy Clerk Sj~~~~e enl. 1 BOARD OF COUNTY COMMISSIONERS COLLIER COU , FL ID BY: JAME AS TO OWNER: WITNESSES: NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a Florida 0 of it Corporation 001 g~ Witness (Signature) Name:~ 'dE. (.sL~,t (p~",rint) , yC'j , "'...--./ l-L. . Witness (Signature) Name: &.c2..Ann(" (Print) By: (Signat r l-ec'DA\ed ' H-e",(\eri"l- i exyvd o.(b\,e<,l-D,~ (Print NamefTi e) \ '\ '&rl- '^-..)f \e' Approved as to form and legal sufficiency: "ttu l1 ~~, Ellen T. Chadwell Assistant County Attorney ':01# 106 I P;,:~d3 ~ ;, 1..',...'''> : \', ~.tiP1 \ '>~~~ Ie lCU 1 l..-. . \ 1/ \ 20' L.B.E.-: : L- r::.J I' 5' S"E.--11 ) I / I / L.B,E. " / W / W :l.d 10' P,S,U.~ 1'''' ,.. r .,.. /' --- - - - - - -- -- --- - --- - - ---- - -0--8- b C(l en o OJ z V1 Porcel 725 EXHIBIT tof A FUTURE DEVELOPMENT DE, AE, ME, '''lIge \ NAPLES LAKES COUNTRY CLUB PLAT BOOK 33 PAGES 8-15 ri $ I -'''-... <(ct: I Z <( , I ug I ~ INVERNESS ~R\\fE L() CIl I ct: S$ "-... oct: > -'L{) mN '.,.. .,." o~ enN I .L br--- -------to'-F':sG.,:~~>-~. .,."" l:?i es ' --- ---- ----------- . g ",0 1 POl3 -' --- .....---- 115, W TERLN- ~~"2::.?-L -C.U.E. 0-' - -- A I t b" (;8, I U EASEMENT ~ z t~:'E'I'/ FUTURE DEVELOPMENT DE, AE, ME, I I I PARCEL ,w 725 '.,. ~ qb "en ~b o N o 25 50 GRAPHIC SCALE Legal Description A portion of Tract R, Inverness Club Drive, Naples Lakes Country Club, os recorded in Plat Book 33, pages 8 through 15 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of Tract R of said Naples lakes Country Club, said point also being the intersection of the westerly right-of-way line of Collier Boulevard and the southerly right-of-way line of Inverness Club Drive, and the beginning of a curve to the left, of which the radius point lies North 89.09' 16" West, 0 radial distance of 25.00 feet and hav;ng a chard bear;ng af North 44'07'31" West, 35.34 feet; thence northwesterly along said southerly right-at-way line tor the following 2 courses and the arc, through a central angle of 89'56'30", a d;stance of 39,24 feet; thence North 89'05'46" West, a distance of 15.03 feet; thence leaving said line North 00'50'44" East. a distance of 23.00 feet; thence North 89'05'46" West, a distance of 230.40 feet; thence North 00'50'44" East, 0 distance of 17.00 feet; thence South 89'05'46" East, a distance of 230.40 feet; thence North 00'50'44" East, a distance of 8.00 feet; thence South 89'05'46" East, a distance of 40.00 feet to a point on the westerly right-of-way line of said Collier Boulevard; thence South 00'50'44" West along said line, a distance of 72.97 feet to the POINT OF BEGINNING, Containing 5,970 square feet or 0.1371 acres, more or less. CURVE C16 CHORD BRG, N44'D7'31"W CURVE TABLE LENGTH TANGENT 39,24' 24.97 DELTA 89'56'30" CHORD 35,34' Rev Rev Rev Rev Revised per CH2MHILL design changes Revised per CH2MHILL design changes Revised per CH2MHILL 04/06 Revised per County Comments 04/06 Revised per CH2MHILL 04/06 12/06 12/06 ,. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C,R. 951) bein9 S 00'50'44" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7, R/W represents R;9ht-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 1.3. F.P.L.E. represents Florida Power & Light Easement. 14. D,E. represents Drainage Easement. 15, S.E. represents Sidewalk Easement. 16. P,U.E. represents Public Utility Easement. 17. P.S.U.E. repersents Private specific use Easement 18. C.U,E, 18. AE. repersents County Utility Easement repersents Access Easement DAVID J. AYA T,,;S: THE FIRM) FLA. LlC. NO/' 5834 ' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISW SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil.,Miller -~~~=..~ PIfmn. &'Ql-.. ~,~ '~kdhcl" TrlllllpC>1.!ionc.:x.A~t WiisorJ.AM",Inc. CAD F1l.E: lC-41 3t\l:l8Wr....9Ao200....".R:ri:III~,""""~-m1.""'1>>~.!lW>-S'.....~~ REV: PRO.lECT NO: !lET N6015-S0U-OOl 725 Of' X Mar 14, 2006 ~ 08:29:39 TOSBORNElx:\SUR\collier blvd\CH2MHill\ 1 C~41\Noples l.okes Shopping Cen\er.dwg ~ IClEX NO: lC-41 MEMORANDUM Date: June 27, 2007 To: Joan Smith, Property Acquisition Specialist Trans/ECM/ROW A From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement: Collier Boulevard Project #60001 Parcel: 725 Enclosed please find one (1) copy of the Agreement, as referenced above, approved by the Board of County Commissioners on Tuesday June 26, 2007 (Agenda Item #16B4) The Minutes and Records Department has retained one original document for Boards official records. If you should have any questions, please contact me at 732-2646 x 7240. Thank you, Enclosure