Parcel 235RDUE (Quail Run) PROJECT: 99999 - Quail Run Golf Club
PARCEL No(s): 235RDUE
FOLIO No(s): 0026140009
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 19 day of 3ece"ber , 20 fl , by and between QUAIL
RUN GOLF CLUB, INC., whose mailing address is 1 Forest Lakes Blvd., Naples,
Florida 34105 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East,
do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive right-of-way, drainage and utility 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; 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. 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 Easement 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
Easement upon their recording in the public records of Collier County, Florida. At
or prior to Closing, Owner shall provide County with a copy of any existing prior
title insurance policies. Owner shall provide such instruments, properly executed,
to County on or before the date of Closing.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement
by the County; 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 or release any and all such liens, encumbrances
or qualifications affecting County's enjoyment of the Easement. Such right to
extend may be exercised by the County Manager or his designee for an additional
term not exceeding ninety (90) days without further Board action. All additional
extensions must be Board approved. At Closing, Owner shall deliver the Closing
Documents to County in a form acceptable to County.
5. 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.
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 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 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.
AS TO COUNTY:
DATED: Ia- 2 ►-2011
ATTEST.— „ - BOARD OF COUNTY COMMISSIONERS
W16W1 . OCK, Clerk COLLIE,R COUNTY, FLORIDA
•
, - �,-BY:
Attes ,.to .hm ut Cl- FRED W. COYLE, Chairm n
Tigratvre-414 4
AS TO O.WN E
DATED:,/, ) r= 1” QUAIL R N GOLF CLUB, INC.
a Florida of for profit corporation
d ,nt � ' //e
Witness (Signature) Warren McHale, President
Name (Print or Type)
Wit ess (Signature)
Name (Print or Type)
Approved as to form and
legal _ fficiency:
E. vv. IG,i-F r
Ass tant County Attorney
Last Revised: 03/30/11
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 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#4,complete the checklist,and forward to Ian Mitchell (line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
awl-, . ,�f , C C '1-� r z �
� ,
5. Ian Mitchell, BCC Supervisor Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.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,including Ian Mitchell,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Phone Number
Contact c�J ce p h9n ��
03 S e80
Agenda Date Item was Agenda Item Number 12c.a(,,.�lio�n
Approved by the BCC 61 -2 0 2b 10-� 3°l /,6 �
Type of Document Number of Original
Attached Documents Attached 1
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. 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
by the Office of the County Attorney.This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
6. The document was approved by the BCC on a-a3'aQtO (enter date)and all changes , ,0,t:
made during the meeting have been incorporated in the attached document.The • s st CI6.(
County Attorney's Office has reviewed the � applicable.
if a licable.
changes,
PLEASE scan under in the BMR Real Property Folder. Thank you
Hia. Prciecf 99999