Folio #70820200007 PROJECT: 60094— Kirkwood Avenue Extension Phase II
PARCEL(s): 108DE & 108TCE
FOLIO(s): 70820200007
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this '1 - day of � u..S #' , 2017, by and between DAVIS
INVESTMENTS, LLC, a Florida Limited Liability Company whose mailing address is
2496 Kirkwood Avenue, Unit 2, Naples, FL 34112 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, cto 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 Drainage
Easement over, under, upon and across the lands described in Exhibit "A" and a
Temporary Construction Easement over, under, upon and across the lands described in
Exhibit "B" (hereinafter collectively referred to as the "Easements"), which are attached
hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easements 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
Easements 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
Easements 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 properly executed easement instruments) is hereinafter referred to as
the "Closing."
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easements, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easements 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
instruments 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 Easements. 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. ENTIRE AGREEMENT - Conveyance of the Easements 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.
7. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COU TY:
DATED: /O /I //--
ATTEST: //-
ATTEST BOARD •F NTY COMMISSIONERS
DWIGHT BRO ,Clerk COLLIE- 0 'TY, FLORIDA
t , ; BY: //..1,461(Ame .a •L
/;:x st as to Chairinanikputy Clerk PENNY TAY r , CHAIR aA
signature only.
AS TOCANNER:
DATED: 't t S f L,1 '2 /7 DAVIS INVESTMENTS, LLC,
// a Florida Limited Liability Company
bitneoait140-e_. i h`jd � BY: (�ss(Signatur JA RAC;clanager by
J• . Threlkeld, Esq., as attorney-in-fact
eemigroile4 /�BodS
Na a (Print or Type)
Witness(Signature)
/l4ekfla Jay
Name(Print or Type)/
Approved as to form and legality:
r
Assistant C. Attorney
Last Revised 12/10/2014
Page 3 of 3
CAS•
PROJECT NO.60094
PROJECT PARCEL NO. 108DE EXHIBIT
PARENT TRACT FOLIO NO.70820200007 Page._,�,of AI
LEGAL DESCRIPTION &SKETCH
(NOT A SURVEY)
PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT
THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOTS 18, 19, 20, 21, 30, 31, 32 AND 33, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE
PLAT THEREOF,AS RECORDED IN PLAT BOOK 2, PAGE 86,TOGETHER WITH THE VACATED
ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO.
2004 217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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Co er County Growth Management Division-Transpo talion Engineering Department 06/14/17 2:45 PM
ID
PROJECT NO.60094 EXHIBITr
PROJECT PARCEL NO. 108TCE
PARENT TRACT FOLIO NO. 70$20200007 Page,._1 o , I
LEGAL DESCRIPTION 8�SKETCH
(NOTA SURVEY)
TEMPORARY CONSTRUCTION EASEMENT
DURATION: ONE YEAR
THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
LOTS 18, 19, 20, 21, 30, 31, 32 AND 33, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE
PLAT THEREOF,AS RECORDED IN PLAT BOOK 2, PAGE 86,TOGETHER WITH THE VACATED
ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO.
2004 217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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fiDCollier County Growth Management Division-Transportation Engineering Department 06/13/17 1A7 PM