Parcel 109DE 109TCE1 109TCE2 PROJECT: ImmSIP No. 60143 (Eden Gardens)
PARCELS: 109DE, 109TCE1, 109TCE2
FOLIO No(s): Portion of 00072160004
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this 30th day of Align st , 2018, by and between EDEN GARDENS II,
LLC,a Florida limited liability company,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 1) a perpetual,
non-exclusive Drainage Easement over, under, upon and across the lands described in
Exhibit "A" (hereinafter referred to as the "Drainage Easement") and 2) a Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "B"
(hereinafter referred to as the"109TCEs"),both of which are attached hereto and made a part
of this Agreement (the Drainage Easement and the 109TCEs are hereinafter collectively
referred to as the" Easements"); 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 - Alt 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. TCE PURPOSE AND TERM — The 109TCEs are 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 easement area to its pre-existing condition
immediately prior to the County's entry upon the easement area and Grantor shall have
reserved unto itself the right to maintain all walkways, driveways, parking areas and
irrigation located within the restored 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 the Easements to
County in substantially the form attached hereto as Exhibit "C" 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 Drainage Easement, the execution of such instruments which will
remove,release or subordinate such encumbrances from the Drainage 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"D", and
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
1 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 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
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."
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 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.
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- ?Il , 7018
ATTEST: BOARD V CO .,,,, ,t. ''
CRYSTALK.,�KINZEL, Clerk a
'� COLLI- CO �j� , FLORID, •
BY:
r4 .e Deili' Clerk ANDY SOLIS, CHAIRMAN
OAOv a halrm
AS TO O""�� -
DAT�t n fife 1)'. t I)
WITNESSES: EDEN GARDENS II, LLC
a Florida limited liability company
•i'7: , (--- t -3 By: BIG CYPRESS HOUSING CORPORATION
(Si nature) a Florida not for profit corpora"•n, Manager
C 5 (c) (1,23 y co".. tr,...i.':431A. ao_.9,,,.,..) mpan
(Print Name) r! =:A�-,r,- the',
(Signature) ' •• oved as to form •d legality:
--CAh«\CA V,Act kes IA _
(Print Name) Emily Pepin ,I
Assistant Cou Attorney
Last Revised 7/30/2018
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Project: ImmSIP No. 60143(Eden Gardens)
PARCEL: 109DE EXHIBIT C
Folio No.: Portion of 00072160004 sage 1 of
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this day of ,
2018, by EDEN GARDENS II, LLC, a Florida limited liability company, 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, do 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:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive drainage easement to enter upon and to install and maintain
drainage structures and facilities, including but not limited to ditches, swales, earthen
berms, rip-rap and retaining wall systems, underground pipes, and various types of water
control structures over, under, upon and across the following described lands located in
Collier County, Florida,to wit:
See attached Exhibit"A"which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon. This easement
includes the right to remove and use any and all excavated material. The easement
granted herein shall constitute an easement running with the land and shall burden the
lands described above.
Upon completion of construction of the drainage facilities, Grantee shall use its best
efforts to restore the surface of the 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 restored easement area so long as such
rights do not interfere with Grantee's intended use and the rights granted to it herein.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
WITNESSES: EDEN GARDENS II, LLC
a Florida limited liability company
!'— , f C5---"AABy: BIG CYPRESS HOUSING CORPORATION
(Signature) a Florida not for profit corporation
its Manager
(Pri t Name) By: =r
r C e: /LAC,--
_:_ ��`,e-,t. Title: L,-</1>E.v7
(Signature)
\-----LAV3.Z.\\CA V% LA I ,-,.>
(Print Name)
EXHIBIT G
b
Page of It
STATE OF /5,71�M/A )
COUNTY OF �f//m:14w )
The forpgoing Drainage Easem nt was acknowledged efore q
this Cr# day
of fr,S J , 2018, by c5 j' /)( Xv2-as f, J , of Big
Cypress Housing Corporation, a Florida not for profit corporation, as Manager of Eden
Gardens II, LLC, a Florida limited liability company, on behalf of the corporation and the
company,who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
i nature of Notary Public)
"" LISA TORRES (5 Imo'Tre
iPav a�B.,.
:°.�„`� Notary Public-State of Florida . (Print Name of Notary Public)
:•= Commission#FF 179187
?N♦ IIJi •c�
My Comm.Expires Mar 21,2019; Serial I Commission#(if any):I I )'7 9/87
O
•',O ��`P Bonded through National Notary Assn.
My Commission Expires: 3(c9// /
Approved as to form and legality
Emily Pepin
Assistant County Attorney
Drainage Easement
Page 2 of 2
Last Revised: 06/21/2018
PROJECT: 60143 (Immokalee Stormwater Improvement)
PARCEL No(s): 109TCE1 / 109TCE2
FOLIO No(s): Portions of 00072160004 G
EXHIBIT
Page -__I—of t
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT, is made and entered into this—. day of/01104w/ I ,
20 /f, by EDEN GARDENS II, LLC,a Florida limited liability company,s hose mailing
address is PO Box 343529, Florida City, Florida 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, do 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.
WITNESSES: EDEN GARDENS II, LLC
ter..
_
a Florida limited liability company
).,_,, s� i a-,c, L- ) By: BIG CYPRESS HOUSING CORPORATION
(Si nature) a Florida not for profit corporation
its Mana•er
( S'A / 0 .✓(-Q.i"
(jtt,;N:ne) By: .�^
<, �,�:. v 4c1k T ' A `
(Signature)
(Print Name)
fl ,
EXHIBIT G
STATE OF x//474/9 ) Page of 4
COUNTY OF/7A ; ) J )
he foregoin Temporary Construction Easement was cknowledged before me this
„454day of v/rJ?J , 2018, by c17 .edui as 4,,,s-404,*
of Big Cypress Ho ising Corporation, a Florida not for profit corporation, as Manager of
Eden Gardens II, LLC, a Florida limited liability company, on behalf of the corporation and
the company,who:
j,✓ is personally known to me
OR
produced as proof of identity.
(affix notarial seal) (� 4�q
L i ature of Notary Public)
p
aa'r"p� LISA TORRES 7c7.74 /C�C'�'> _
; , . e` ; Notary Public-State of Florida 4, (Print Name of Notary Public)
• ; E Commission#FF 179187
' a Itt1 s
-▪ 0— c;: My Comm.Expires Mar 21,2019 cAsSerial/Commission#(if any):f- \l'1(
Bonded through National Notary Assn.
My Commission Expires: 3( I I!1
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: 109DE, 109TCE1, 109TCE2
FOLIO: Portions of 00072160004
AFFIDAVIT OF LIMITED LIABILITY COMPANY
EXHIBIT
STATE OF Afe/dp-
COUNTY OF 04*j Jht/i
Before me, the undersigned authority, personally appeared rK /:'
hereinafter referred to as "Affiant", who being first duly sworn, states as follows:
1. Affiant is the ®/'e5,44/ of Big Cypress Housing Corporation, a
Florida not for profit corporation (hereinafter the "Corporation").
2. The Corporation is Manager of Eden Gardens II, LLC, a Florida limited liability
company (hereinafter the "Company").
3. Both the Corporation and the Company are currently in existence under valid
articles of organization; neither have been dissolved; and both have been in
full force and effect during the entire time the Company has held title to the
real property legally described on attached Exhibit "A" (the "Property").
4. Pursuant to the Articles of Organization and the Operating Agreement,
Company is [ ] member managed or [ x ] manager managed and Affiant, in
his/her official capacity has authority to sign all documentation required to
convey the Property to Collier County.
5. The Property does not constitute all or substantially all of the assets of the
Company.
6. Neither the Corporation nor the Company has been a debtor in a bankruptcy
proceeding.
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; that under the
penalties of perjury, the above statements are true and correct.
al•
Name:\ ..5-7.-L9/ 1/
STATE OF: Pa"1,��
COUNTY OF: /04•4j_ /d9
Sworn to and subscribed before me this C5/111 da—y/of— olt'v,r f ,
20 4 , by 6/14,0! /.•el_ , as �lc�c9Ckdr t of Big
Cypress Housing orporation, a Florida not for profit corporation, Manager of Eden:
Gardens II, LLC, a Florida limited liability company, on behalf of the corporation and the
company, who:
is personally known to me EXHIBIT -I
Page of. t
OR
produced as proof of identity.
(affix notarial seal) ,
c, (��,-t
(Signature of Notary Public)
LISA TORRES
•et ,-.
;r;.--Ai�s Notary Public-State of Florida (S' t• `:
_•* "' »•E Commission #FF 179187
* ""'' * I (Print Name of NotaryPublic)
es: My Comm.Expires Mar 21,2019
°r F%% Bonded through National Notary Assn. I Serial/ Commission # (if any): t
My Commission Expires:
Approved as to form and legality
Emily Pepin
Assistant County Attorney
Affidavit of Limited Liability Company
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