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Brittany Bay Partners LTD PROJECT: 65061 PARCEL No.: 743 FOLIO No.: 2511790003 TORE AGREEMENT THIS TORE AG~E~ENT (he~ferred to as the "Agreement") is made and entered into on this -r day of r, 2005, by and between BRITTANY BAY PARTNERS l TO., a Florida limited partnership (hereinafter referred to as "Owner"), whosemailingaddressis1551SandspurRoad.Maitland. Florida 32751-6138 and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Oriveway Restoration Easement (hereinafter referred to as "TORE") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from a smooth transition between Owner's existing driveway and the new roadway, and desires to convey the TORE 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 TORE requested by County. NOW, THEREFORE, in consideration of these premises set forth above, the sum of Ten Oollars ($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. 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 TORE to County at no charge to the County. 3. Owner shall deliver the properly executed TORE instrument to County within 30 days of the date of this Agreement. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner shall not be liable for any injury, damage or loss on the property suffered by the County, its agents, contractors or employees which is not caused by the negligence or intentional acts of the Owner. 6. The County shall pay for all costs of recording the TORE instrument in the Public Records of Collier County, Florida. 7. The County acknowledges and accepts responsibility for damages caused by the acts of its agents, contractors or employees while on the property and, to the extent permitted by law and without waiver of its sovereign immunity provided in s.768.28, Fla. Stat., agrees to indemnify and hold harmless the Owner for any damages caused by the County, its agents, contractors or employees. ) Temporary Oriveway Restoration Easement Agreement Page 2 8. 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. 9. The TORE shall commence upon its recording in the Public Records of Collier County, Florida. 10. Conveyance of the Property 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. This Agreement may only be amended in writing by the parties hereto. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 10/28/03, Resolution 2003-372 AS TO COUNTY: DATED: 11/2-/ cr;;- . , o \\\\~~~h 11,: :;\ .'~ ,,,,\~ " ,';, '",~p'~ ATTESn",,\,,... , . .' ~f,;.., ~WI~T"l'O~)'ja ..Ck1 &l., '. ,", ~..' . " .' . .~. \:1~ ,,~ eputy Clerk DWlGHTE~~')a:t( J.'.- . .~'~~...;111~ IS to Chaf....., f!.~ T~ QlNF>,bQ. . · ,> signature 01111 . eputy Clerk Brittany Bay Partners, Ltd., a FL limited partnership By: CEO Capital Holdings 2000 Y, L.L.C., a FL limited liability company, its general partner BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: MW. ~ Fred W. Coyle, Chairma WITNESSES: ~/lC~L- I (Signature) S tm:j r'Ct i c Q(9 ~ / (Print) I (Signature) _eme { tLiu ra Vl ,. (Print) /-,\ l By: ~P. Brock, Manager Approved as to form and legal sufficiency: .~ / -V LtU ~ (%,(,~ Ellen T. Chadwell Assistant County Attorney j ALl R. GHAHRAMANI, M.D. O.R. BOOK 1422, PAGE 1906 ~ 117 0 0:: 0 0 ~ - 0 - ~ - L(j .-:l 0) < Z 0:; < U U --- - - l{) l{) 0') 0') V1 Cl 0:: w < U (.:> '$0: 0 toO ci\f) 0:: I UI"'}N >- ~z I uw~'V E-< ~08N Z >-~Ill :::> U,< 0 --' U tl. CAMDEN COVE PLAT BOOK .39, PAGES 24-25 U f- U <::J::: g: Tract "A" CAMDEN COVE PLAT BOOK 39, PAGES 24-25 ..L'O~E._ T-- RICHARD R. YUREWITCH O.R. BOOK 1533, PAGE 182 I 1\ It 1\ 1\ II 11 \ I \ \ 1\ 1\ J..\ a f- U <::J::: g: ~ REVISED TIE IN BEARING .3/14/05 65061 ',,"e'l NO. , 74J Wil.nMiIIe'-'"~'=- ""fI'"'' E_ E~ ~"ml_"'_ ,,,_Con,,,,,,,,,, WI/sonMi/ifJr, Ino. ...,. FotM"". _ __ '""" 3lllOw.,"""",/lI) HIf/W._MrOU6Cl."",.2JUl1-<<IID F.1JUU>/tI _ __.... PRO.IECT NO.: UI'U"'" 1M.. _ "011"." UI.UIIOC1....\CIID\w..nt.\^.._..t"""'...~.. Exhibit "A" ~ 3M 'r,I-1 o 25 50 100 200 GRAPHIC SCALE CURvE LENeTH CURVE TABLE IV OELTA TANG T CHORD BEARINC CHOR t4 . t. NOTES: ,. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'.33" W, Florida State Plane Coordinates NAD 8.3/90, East Zone. .3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O,C, represents Point of Cammt!ncement. 8. O.R. represents Official Records. 9. L.B.E. reprt!sents Landscape Buffer Easement. 10. U.E. represents Utility Easement. '1. B.E. represents Buffer Easemt!nt. 12. P.U.E. represents Public Utility Easement. 13. S.U.E. represents Spt!cial Utility Easement. DESCRIPTION: A portion of the Access Easement .& Drainage Easement '1, Tract" A", Camden Cove, as recorded in Plot Book 39, Pages 24-25 of the Public Records of Collier County. Florida; being more particularly described os follows: Commencing at the Northeast corner of said Tract "A:'; thence South 02'15'3.3" East, along the Easterly lint! of said Tract "A:', for 0 distance of 11.56 feet to it's intersection with the North line of said Access Easement .& Drainage Easement , 1 and the POINT OF' BEGINNING; thence continue along Easterly line of said Tract "A", South 02'15'.3.3" East, for a distance of 69.00 feet to it's intersection with the Southeast corner of said Access Easement .& Drainage Easement # 1; thence 34.5.3 feet along the South line of said Access Easement .& Drainage Easement '1, and along the arc of 0 circular curve concave north having 0 radius of 538.00 feet through a central angle of 0.3'40'40" and being subtende'd by 0 chord which bears North 89'58'14" West, for 0 distance of 34.53 feet; thence North 02'15'33" West, for 0 distance of 74.24 feet, to 0 point on the North line of said Access Easement .& Drainage Easement # 1; thence 35.14 feet along the North line of said Access Easement .& Drainage Easement # " and the arc of 0 circular curve concave south having 0 radius of 469.00 feet through 0 central angle of 04'17'.3.3" and being subtended by a chord which bears South 81'24'46" East, for 0 distance of 35.1.3 feet to the POINT OF BEGINNING. CWENT: feel)7 .~.b5VO,: 1J.~res, more .;/l; ;~ ll. .\ {:. . .. . .M. tl'S{R ,liE:FIRM) FLORIDA L1C.~. ~34~. ,':' .~ ;.: J-14-~7"~':.J ;:(~Ak;S;GNED) . ':.:: ~ ; ~ .'" NOT VALID WITHOUT THE' SiGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATiON LB #4.3 COLLIER COUN7Y DEPARTMENT OF TRANSPORTATiON Containing or Jess. TITLE: SKETCH de DESCRIPTiON DRIVEWAY RF:STORATION EASEMENT OAT', 07/200.3 F'1lE NO.: 2L-812 PROJECT NO.' N6D 15-005-000 J