Parcel 111DE PROJECT: ImmSIP No.60143(Eden Gardens)
PARCEL: 111 DE
FOLIO No: Portion of 00073361006
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ) is made and entered
into on this3Oth day of August- , 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 a perpetual, non-
exclusive Drainage Easement over, under, upon and across the lands described in Exhibit
"A" (hereinafter referred to as "Parcel 111DE"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey Parcel
111 DE 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 111 DE.
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 Parcel 111DE to
County, in substantially the form attached hereto as Exhibit"B" (the"Easement")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 of Limited Liability Company (in substantially the form attached hereto as
Exhibit"C",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").
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 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."
' I
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 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.
7. 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 . 2018
ATTEST: BOARD • CO COMMI °S
CRYSTAL K.I INZEL, Clerk COLLI CO •' I
BY
A'e. "t C12rk ANDY SOLIS, CHAIRMAN Signature on
AS TO OWNER:
DATED: F—1r
WITNESSES: EDEN GARDENS II, LLC
a Florida limited liability company
r By: BIG CYPRESS HOUSING CORPORATION
(Signature) a Florida not for profit : poration, Manager
L (o r r S B ---.
(Print Name) - r e: •" L�
'Cfcl)k LL Ck.
(Signature)
(Print Name)
•i roved as to form and legality:
Emily Pepi
Assistant ty Attorney
Last Revised 7/30/2018
Agreement •
Page 2 of 2
Z
6 xi
U.1 pa
—N W e LL Z w N Z a <0:
w m ow.LLJ �� �� o g
O p I7 W Z ZowLu 0 O zO ,, wWF=-0 .,
r0 0 zgO �ZC7 w,,,u) •
� 0 �N w
II W Z , ,, pz iw \ Zr� g�W '.
T Q W O 70 a z <.F._ Z
p z� g,
M zaa_ 2 ww2WO WJ - � OW3 !n� S
W a O W w X Jm 4 ';„UO-06
Q 0 -I CO W Z j w d Z F0 �w0>OZp
U W W = S v G a K \l LL w
Oa _, w 0, s 0I ata z -.o < < g
Q Q ° � w � o � $ 3 s A 2
T
cf. -,c w 6LI jWGj1- m c
0 w LU LL 1— z c.)..'
z z Z §
z z w z _ i
W Orn3S (7z �� 0
O p w womZm ° - c F-
to
10 Oa rw- Fryw0LLw r.f d } g 2 r ; --
0
a U 6GW7ZwZy 0 W $ r,
a_
r=- v 0 LL o ox w == co g g
I- Opp O LL Q
O) N 1-1
>
N M O
z
M M W 61
IZE Y W g
O N ... 0 w
sc
OZWWa cn g
Z2 �Zo Jzo Q -
WOaz W -iv O
OUw = z 0U( Cl) 0
❑o
awao0 Onto I— z .W
� � O 0 W W O o6
� N
2H � W � M 0 a°
a H o LL
w0 0 - 0 o
gc�mUic=n0 Qco 0 R
SM 00 < 2 0 0
z � m z
NCO S. Z O
-.I UJ LU
^ p W 0 v4
J r• U ! W
w $ a W
U) Z a -I o S
= z 0 S;
L.L. w .. I-$
W
UJ( PO
N
z
-
_ 0a $Lw0
..CO
uW
� �
LI- -� U
0 .1.'
w
4,A30po
? ol U
Z WNYON (14
i J
g
Wo,
— o
a N-Q III
Q o �
( da 0j 7
agto 7 Z
0 0 Z� A
Z,--- ____ , _ __
SOUTH 440' T o 15' Q z �Zy
co
BOXWOOD DRIVE w V' v ozoZ
N 60'RIGHT OF WAY-PARCEL N0.00073361006 0 Z Q vw�_.9 ,i e
(O.R. BOOK 4157, PAGE 1895) Q a ��
NORTH 440' 15\ Lu g
80.E,1 Of 1
f ilF NO 18 021
Project: 60143(Immokalee stormwater improvement)
PARCEL: 111 DE u�j
Folio No.: Portion of 00073361006 EXHIBIT
Pagn I of
DRAINAGE EASEMENT
4THIS DRAINAGE EASEMENT, made and entered into this J'/" day of
rn(m.1 ,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
By: BIG CYPRESS HOUSING CORPORATION
(Signature) a Florida not for profit orporation
aLlSA Co (-QS By:
(P int Name) c-J
(Signature)
(Print Name)
STATE OF 17/4009 ) EXHI IT 6
��JJ a Page d�__.of�._..
COUNTY OF //AO y3/fi )
The foregoing Drainage Easement w�s acknowledged b ore me this. day of
, 2018, by c11,9y #/4.44, , as "WS%etwo j—
of ig Cypress Housing Corporation, a Florida not for profit corporation, Manager of Eden
Gardens II, LLC, a Florida limited liability, on behalf of the corporation and the company,
who:
Vs- is personally known to me
OR
produced as proof of identity.
(affix notarial seal)
(Si ature of Notary Public)
LISA TORRES _. f 54 o r(-PS
,•,,-.. ,`t:'; Notary Public-State of Florida (Print Name of Notary Public)
2• Commission#FF 179187
'r�,-,7 My Comm.Expires Mar 21,2019 Serial/Commission#(if any):7 F \'-"1(A 1.e-1
Bonded through National Notary Assn. P
' 31(
My Commission Expires: a I �fq
Approved as to form and legality
Emily Pepin
Assistant County Attorney
SII
Drainage Easement
Page 2of2
Last d: 06 21 Revise 2018/ /
PROJECT: ImmSIP No. 60143 (Eden Gardens) EXHIBIT .C
PARCEL: 111 DE
FOLIO: Portions of 00073361006Page I of g'
AFFIDAVIT OF LIMITED LIABILITY COMPANY
STATE OF f//4Z
COUNTY OF woo v9w
Before me, the undersigned authority, personally appeared S76-veVe4iC•E-
hereinafter referred to as "Affiant", who being first duly sworn, states as follows:
1. Affiant is the /mss ../ 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.
"rint=d Name: t`
EXHIBIT i,
STATE OF: ,G/D.c-� 1 Of
COUNTY OF: /1/10j • G p�
Sworn to and subscribed before me this 3 / day pf 1G�jl�f/
20 /f , by c5 'W,' / '4L , as ��< + / of Big
Cypress Housing Corporation, 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
OR
produced as proof of identity.
(affix notarial seal)
Ic'--t. �
(Signature of Notary Public)
LISA TORRES
tP (5 A /
Notary Public-State of Florida
Commission#FF 179187
po My Comm.Expires Mar 21,2019 (Print Name of Notary Public)
°'' Bonded through National Notary Assn.>; Serial /Commission # (if any): Er \--n gs/
My Commission Expires:
Approved as to form and legality
Emily Pepin
Assistant County Attorney
Affidavit of Limited Liability Company
Page2of2