Parcel 110TCE PROJECT: ImmSIP No. 60143 (Eden Gardens)
PARCEL: 110TCE
FOLIO No: Portion of 00073361404
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this Othday of Alignt , 2018, by and between EDEN GARDENS
APARTMENTS LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing
address is PO Box 343529, Florida City, FL 33034 (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 Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as"Parcel 110TCE"), which is attached hereto and made a part of this
Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey Parcel
110TCE 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 Parcel 110TCE.
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. 1 GE PURPOSE AND TERM - Parcel 110TCE is conveyed for the purpose of
constructing drainage facilities within the public right-of-way and drainage easements
immediately adjacent thereto and shall commence upon the issuance of Grantee's official
Notice to Proceed to its contractor for the construction of the Eden Gardens section of
the Immokalee Stormwater Improvement Program, Project No. 60143, and shall
automatically terminate two years therefrom, but in no event later than October 1, 2028.
Upon completion of the proposed improvements, the County shall use its best efforts to
restore the surface of the temporary construction easement area to its pre-existing
condition and Grantor shall have reserved unto itself the right to maintain all walkways,
driveways, parking areas and irrigation located within the easement area so long as such
rights do not interfere with County's intended use and the rights herein granted to it.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey Parcel 110TCE to
County in substantially the form attached hereto as Exhibit"B" (the "Easement") and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed Easement) is hereinafter referred to as the
"Closing."
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 (the "Policy") together with the Easement and an
affidavit in substantially the form attached hereto as Exhibit "C" (hereinafter referred to
as the "Affidavit"), properly executed, witnessed, and notarized where required (the
Policy, Easement and Affidavit are hereinafter collectively referred to as the "closing
documents").
4. 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.
5. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to
record any curative instruments required to clear title, and all TCE 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 TCE.
County shall have sole discretion as to what constitutes"reasonable processing fees."
6. 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.
7. ENTIRE AGREEMENT-Conveyance of the TCE 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. VENUE-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:August 30, 201R .
111019/.
ATTEST' BOARD • CO • !p.•N r S
CRYS 1 AL K. KINZEL, Clerk COLLI CO / , FLORID.
Vii.04 `- BY:
>4-p Clerk ANDY SOLIS, CHAIRMAN
ttes""t a����91(3�h:
an
As'0814;019 . EDEN GARDENS APARTMENTS
DATED:August 30, 201 8 LIMITED PARTNERSHIP, a Florida
limited partnership
By: CORKSCREW SANCTUARY, LLC
a Florida limited liability company,
Its General Partner
( By: BIG CYPRESS HOUSING CORPORATION
Witness(Signature) a Florida not for profit corpo ation,
Its Manager
(
Name(Print or Type) By: iligre= _
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Witness(Signature)
Name(Print or Type) proved to form and legality:
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mily Pepi
Last Revised 7/30/2018 Assistant C. Attorney
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PROJECT: ImmSIP No. 60143 (Eden Gardens)
PARCEL: 110TCE
FOLIO NO: Portion of 00073361404
EXHIBIT ��----
TEMPORARY CONSTRUCTION EASEMENT Page—e--°f
THIS
age a ofTHIS EASEMENT, is made and entered into this day of
2018, by EDEN GARDENS APARTMENTS LIMITED PARTNERSHIP,a Florida limited
partnership, whose mailing address is PO Box 343529, Florida City, FL 33034
(hereinafter referred to as"Grantor"),to 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"Grantee").
(Wherever used herein the terms"Grantor"and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and assigns.
Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary
Construction Easement to enter upon the lands described as follows:
SEE ATTACHED EXHIBIT"A"which is incorporated herein by reference,
for the purpose of constructing drainage facilities within the public right-of-way and
drainage easements immediately adjacent thereto.
The term of this Temporary Construction Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its contractor for the construction of
the Eden Gardens section of the Immokalee Stormwater Improvement Program, Project
No. 60143, and shall automatically terminate two years therefrom, but in no event later
than October 1, 2028.
Upon the completion of the proposed improvements,the Grantee shall use its best
efforts to restore the surface of the temporary construction easement area to its pre-
existing condition, immediately prior to Grantee's entry upon the easement area.
IN WITNESS WHEREOF,the Grantor has caused these presents to be executed
the date and year first above written.
AS TO GRANTOR: EDEN GARDENS APARTMENTS
LIMITED PARTNERSHIP, a Florida
limited partnership
By: CORKSCREW SANCTUARY, LLC
a Florida limited liability company,
Its General Partner
mac? By: BIG CYPRESS HOUSING CORPORATION
Witness(Signature) a Florida not for profit corporation,
Its Manager
f;_ "RS
ame(Print or Typ ) By:
Pr -; 'ame: 4e•dr/c--
c (,t, Title: /4."se r
Witness(Signature)
\L1
\ V
Name (Print or Type)
STATE OF 019?›/*; ) EXHIor I1-
COUNTY OF 1/4,401 Page of 07
The fgregoing Tempo ry Cons ruction Easement w acknowledged before me
this ,' day�g}f 0/fr,s I , 2018, by ci5'Zpoet/as — 5-• f of BIG CYPRESS HOUSING CORPORATION, a
Florida not for profit corporation, as Manager of CORKSCREW SANCTUARY, LLC, a
Florida limited liability company, as General Partner of EDEN GARDENS
APARTMENTS LIMITED PARTNERSHIP, a Florida limited partnership, on behalf of the
corporation,the company and the partnership,who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal) /
(Signature of Notary Public)
.vT (Print Name of Notary Public)
`aY,,
USATORRES
;2ow�; Notary Public State of Florida Serial/Commission#(if any): ( ( -7`i
'.; 4 ;•_ Commission#FF 179187 MyCommission Expires: '7
:N*j�/O My Comm.Expires Mar 21,2019 P ! ' ti
'"%;°;,;`Ps Bonded through National Notary Assn.
Approved as to form and legality:
Emily Pepin
Assistant County Attorney
Temporary Construction Easement
Page 2 of 2
Last Revised:10/15/10 2
PROJECT: ImmSIP No. 60143 (Eden Gardens)
PARCEL: 110TCE
FOLIO NO: Portion of 00073361404
AFFIDAVIT EXHIBIT C
STATE OF /94L//4 Page---/___of./____
COUNTY OF / 4i, -4i614,t /-'
BEFORE ME, the undersigned authority, personally appeared C, jof/XrA- ,
who, being by me first duly sworn, on Oath,depose(s)and say(s)that:
1. This affidavit is made with regard to the property described in attached
Exhibit"A"(the"Property").
2. Big Cypress Housing Corporation, a Florida not for profit corporation (the
"Corporation"), is the Manager of Corkscrew Sanctuary, LLC, a Florida
limited liability company(the"Company").
3. The Company is the sole General Partner of Eden Gardens Apartments
Limited Partnership, a Florida limited partnership (the"Partnership").
4. The Partnership is the fee simple owner of the Property; is currently in
existence under a valid partnership agreement; has not been dissolved
and has been in full force and effect during the entire time it has held title
to the Property.
5. Neither the Partnership, the Company nor the Corporation have been
debtors in a bankruptcy proceeding during the existence of the
Partnership.
6. The Partnership Agreement has not been revoked or amended to prohibit
the conveyance of the Property to Collier County.
7. Affiant further states that he/she is familiar with the nature of an oath and
with the penalties as provided by the laws of the State of Florida for falsely
swearing to statements made in an instrument of this nature. Affiant
further certifies that he has fully read this affidavit and understands its
contents.
name: �✓�/�'�
STATE OF:
COUNTY OF: O0/i,•1),000
Sworn to�and`ssubsc�r 'Se
.f"before me thisAr,day of fbS/ , 20 /c,
by ( — 4 47y/��'�—,who:
personally known to me OR
produced as proof of identity.
(affix notarial seal)
,.Ds q (0—(1"-
LISA
c3--(1"-LISA TORRES (Si nature of Notary Public)
Notary Public-State of Florida
as ;•_ Commission-
# FF 179187 ��l s �� <S�S
'�' �`s` My Comm.Expires Mar 21,2 ssn Print Name of Nota Public
............
;J, Bonded through National Notary Assn. F F(1' 1? 1
.erial/Commission#(if any :
My Commission Expires: . •
Approved as to form and legality
Emily Pepin
Assistant County Attorney
Last Revised:2/9/07