Parcel 103
PROJECT: Tree Farm Road
PARCEL No(s): 103
FOLIO No(s):00209160204
AGREEMENT
THIS. AGREEM~T (hereina~ej r~ferred to as the "Agreement") is made and
entered into on this I day of ~h"'~, 2~ otby and between CALOOSA
RESERVE, LLC, a Florida limited liability company, whose mailing address is 870 111th
Avenue, North, Suite 1, Naples, Florida 34108, STELLA OF CALOOSA RESERVE,
LLC, an Ohio limited liability company or Assignee, whose mailing address is
1501../ T~A VEl f.e.~ ~ AVON , Olio , Ll-LfD{l
and 829-11I, LLC, a +lO~JJ)t\ limited liability company, whose mailing address
is If( [1,{+I((ID{OAI'{ 13.~. ,':::10 0 t: ,~O~.D4---, ~36D0
(hereinafter referred to as "Owner"), and 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, Owner (CALOOSA RESERVE, LLC.) and County have entered into a
Developer Contribution Agreement dated May 23, 2006 and recorded October 24, 2006
in OR. Book 4126, at Page 1463, Public Records of Collier County, Florida; and
WHEREAS, Owner (Caloosa Reserve, LLC.) conveyed an undivided TWO AND
14/100 PERCENT (2.14%) interest in the property described in the Development
Agreement to Stella of Caloosa Reserve, LLC, and recorded May 26, 2006 in O.R.
Book 4044, at Page 2707; and
WHEREAS, Owner (Caloosa Reserve, LLC) conveyed an undivided ONE AND
712/100 PERCENT (1.712%) interest in the property described in the Development
Agreement to Stella of Caloosa Reserve, LLC, and recorded May 26, 2006 in O.R.
Book 4044, at Page 2713; and
WHEREAS, Owner (Caloosa Reserve, LLC) conveyed an undivided FIVE POINT
THIRTY SIX PERCENT (5.36%) interest in the property described in the Development
Agreement to 829-111, LLC, and recorded May 26, 2006 in O.R. Book 4044, at Page
2710; and
WHEREAS, under the terms of said Developer Contribution Agreement, Owner
has agreed to convey to County, at no cost, certain road right-of-way dedications; and
WHEREAS, County has requested that Owner convey to County, at no cost,
certain perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easements
over, under, upon and across the lands described in Exhibit "A", attached hereto and
made a part of this Agreement, (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, sad terms including !;,at no~ompensation shall be due ancl 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. County shall not pay any fees to record any curative instruments required to clear
title, any Easement recording fees, or any 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.
6. 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.
7. 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.
8. 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.
Acquisition Approved by BCC on the 23rd day of May, 2006, agenda item #16-B-6.
AS TO PURCHASi;:R: ",J
DATED: ,;.J-/LJ,O'6
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, ORIDA
.
C. BY:
. ep ty Clerk
Atbnt:a to OMI/"11111 ,
,ttNtWt .011-
"
Last Revised: 5/2/07
AS TO OWNER:
DATED: 9-b'f- 01
.a/AA~~fL. rIA1A~
Witness (Signature)
~J-I"ILIa.. L On :5~{J L
Name (Print or Type)
~~h.~
Witness (Signature)
Itn n~f/a--- Ai I /J fC-IJAur,
Name (Print or Type)
DATED: c;, <( c:' 7
"'''' i)1 o'
1 I.U\.JM'J.~
ess(signature)fl
" r .'-'Ye niL(/..
Name (Print or Type)
pa;f/( / ~L4.) /I!x A-<l../~
Witness (Signature)
1h+;It'~(f L/3(j~UCJ
Name (Print or Type)
DATED: /D':;2.07
Approved as to form and
I~ufficien.c.. y.:
~ ryiLL
~IIen T. Chadwell
Assistant County Attorney
Last Revised: 5/2/07
CALOOSA RESERVE, LLC, a Florida
limited liability company
By: BBMP, LLC, a Florida limited liability
company
as manager of
STELLA OF CALOOSA RESERVE, LLC, an
Ohio limited liability company
By: "
(Signature)
~ LL
(Print Name)
}/to n{Ui/flCi Mt1r}be.r
(Title) I President/vice President
829-111, LLC, a ht,. "PJOYl~
limited liability company
By: ~~
(Signat'ry)
/~ 0?-.1 r) StA.lf) ('-If)
(Print Name) .
-I),..,J I~f'- 0-{!j)U(;z.1 e~r+Yla-(-'
(Title) President/vice President
f~~ ~w&-
!;,~
'\;;.. "J'
~
Notary Public Slate of FIolIds
Mary l Longsllore
My Commissioo DD495&l1
E,pi 02118/2010
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