Parcel 271SUMEPROJECT: 99999 (miscellaneous)
PARCEL: 271 SUME
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into on this 17th day of Ma -, , 2013, by and between RADIO
J i'M
ROAD JOINT VENTURE, a Florida general partnership, whose mailing address is
1100 Fifth Avenue South, Suite 201, Naples, Florida 34102 (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, Florida 34112 (hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non - exclusive Slope, Utility 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; 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:
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. 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.
4. 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.
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.
County shall have sole discretion as to what constitutes "reasonable processing
fees."
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: May17 2013
ATTEST: F.; BOARD OF
DWIGHT'F-.'-BI,'OGK, Clerk COLLIER "O
.0 . BY:
` P y Clerk Georgia
Attest as to Chairwoi
signature onty.
AS TO OWNER:
DATED: 21Y ,
Witness (Signature)
Name (Print or Type)
Witness (Signature)
k-hc i
Name Print or Type)
Approved as to form and
leralfficiency:
As ' tant County Attorney
Last Revised: 04/20/12
NT,YOMMISSIONERS
r,-' LORIDA
illor, Esq.
RADIO ROAD JOINT VENTURE, a
Florida General Partnership
By: TMV, INC., a Delaware corporation,
Its General Partner
By—
Thomas Flood, President
SKETCH AND DESCRIPTION
Slope, Utility & Maintenance Easement
LEGAL DESCRIPTION
BEING A PORTION OF OF EXCHANGE AVENUE, COLLIER COUNTY
PRODUCTION PARK, PHASE 1 -B, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 15 PAGES 7 AND 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF OF LOT 38, COLLIER COUNTY PRODUCTION
PARK PHASE 1 -B, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15,
PAGES 7 AND 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.THE SAME POINT
ON THE EASTERLY BOUNDARY OF SAID PLAT; THENCE SOUTH 00°15'42" WEST, ALONG THE
EASTERLY BOUNDARY OF SAID PLAT, A DISTANCE OF 60.01 FEET TO A POINT ON THE
SOUTHERLY RIGHT -0F -WAY OF EXCHANGE AVENUE OF SAID PLAT; THENCE SOUTH
89 °18'34" WEST ALONG THE SOUTHERLY RIGHT- OF-WAY OF EXCHANGE AVENUE 10.00 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT -0F -WAY NORTH 00 °15'42" EAST, 60.01 FEET TO A
POINT ON THE NORTHERLY RIGHT -OF- -WAY OF EXCHANGE AVENUE. THENCE NORTH
89 °18'34" WEST ALONG SAID RIGHT -OF WAY 10.00 FEET TO THE POINT OF BEGINNING.
Line Table
Line S
Length
Direction
L1
60.01
S00° 15'42"W
L2
10.00
S89° 18' 34"W
L3
60.01
N00° 15'42"E
L4
10.00
N89' 18' 34 "E
EXCHANGE AVENUE
60' RIGHT -OF WAY
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE BASED ON THE EASTERLY BOUNDARY OF
COLLIER PRODUCTION PARK, PHASE 1 -B, AS BEING SOUTH
00 °15'42" WEST (ASSUMED PER PLAT).
3. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER
4. ABSTRACT NOT REVIEWED
5. LEGEND:
P.O.B. = POINT OF BEGINNING
EXHIBIT "A"
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