Parcel 111FEE PROJECT: 60215 —Triangle Blvd - Price St
PARCEL: 111 FEE
FOLIO: 30184760003
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 3/ day of //V—Zi/"V , 2020, by and between EAGLE
CREEK PROPERTIES, INC. a dissolved Florida corporation, whose mailing address is
4151 Gulf Shore Blvd N., #1702, Naples, FL 34103, (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 Fee Simple
Estate over, under, upon and across the lands described in Exhibit "A" (hereinafter
referred to as the"Property"), which is attached hereto and made a part of this Agreement;
and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property 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
Property 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 AND CLEAR TITLE - Owner shall convey the Property 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 a properly executed
Warranty Deed) is hereinafter referred to as the "Closing."
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Property, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Property 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.
County shall be entitled to full possession of the Property at Closing.
4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees
to record any curative instruments required to clear title, and all Warranty Deed
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 Property. 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 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.
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: tv3‘1a0A.0
ATTEST;—, - ;;; BOARD OF COUNTY COMMISSIONERS
CRYSTAL-K:•KI 1ZEL, Clerk of the COLLIER COUNTY, FLQRIDA
Circ>uit.Coy.Et &,Comptroller
BYy: /.; tQ � • BY/ �iv"
. •
Depot , Burt L. Saunders , Chairman
` ?.s#as io , 8irm
sDigaa# fi only.
0 0
AS TO OWNER: EAGLE CREEK PROPERTIES, INC.,, a
dissolved Florida Corporation
DATED: '•St -a()
BY:
64:
Witness (Si. . ure) Hanspeter Schwager, President
Le / 4. c4a5a•�
Name (Print or Type)
I
1 ►n1.�1� _ wli/ ��
ne Agr -tire)
Name (P nt or Type)
Approved as to form and legality:
fp-
Jennifer A. Belpe 32 \
Assistant County Attorney
Last Revised 6/24/2019
*** THIS IS NOT A SURVEY ***
PARCEL 111 FEE
SKETCH
A PORTION OF SECTION 3 &4 TWN 51 RNG 26E
Parcel No.:30184760003
Strap:268000 G 16B03
/
SECTION LINE-. /
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cd EXHIBIT_______
Page of
EAG E CREEK
cd
COUN RY CLUB LINE BEARING �ISTA�ICE
TR T "G" L1 N 89'42'38" E 50.01
PB 4 PG 2 L2 S 00'59'34" W 140.00'
L3 S 89'42'38" W 50.01'
li L4 N 00'59'34" E 140.00'
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I CERTIFY THAT THIS MAP WAS MADE UNDER'h1YtD''a, @Is AND.j�(1. :IT
MEETS THE MINIMUM TECHNICAL STANDARD�_ . X'" BY -T�E.8[iARIY.OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 2 0r THROUGO FLORIDA
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHatPTF A7.?MOs�`"l,t, ID�JIr+ 5..
SIGNATURE AND RAISED SEAL OF THE FLORIDA + ;{`;, ,40;, +`f' `+ ..
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM %_ r�) -- " ,,,G' ry*
FLORIDA REGISTRAT1ON No. 6557 r ,0#0, V~
FOR COLLIER COUNTY L4 Zt
DATE SIGNED: Q.: ..
A?A. :0- � ' 1
BOARD OF COUNTY COMMISSIONERS TITLE : ,fir
PARL 111FE>
COWER COUNTY, FLORIDA
TRANSPORTATION ENGINEERING DIVISION
*** THIS IS NOT A SURVEY ***
PARCEL 111FEE
DESCRIPTION
A PORTION OF SECTION 3 &4 TWN 51 RNG 26E
Parccl No.:30184760003
Strap:268000 G 16B03
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 3 &4,TOWNSHIP 51 SOUTH,RANGE 26 EAST,
COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT"G"OF EAGLE CREEK COUNTRY
CLUB,AS RECORDED IN PLAT BOOK 14, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA;
THENCE N 89°42'38"E A DISTANCE OF 50.01'ALONG THE SOUTH RIGHT OF WAY LINE OF
PRICE STREET AS RECORDED IN OFFICIAL RECORDS BOOK 715,PAGES (1845 & 1846)
TO THE NORTHEAST CORNER OF SAID TRACT"G";
THENCE S 00°59'34" W A DISTANCE OF 140.00' ALONG THE EASTERN LINE OF TRACT"G"
OF SAID PLAT;
THENCE S 89°42'38" W A DISTANCE OF 50.01' TO A POINT ON THE WESTERN LINE OF
TRACT"G"OF SAID PLAT;
THENCE N 00°59'34"E ALONG A DISTANCE OF 140.00' ALONG THE WESTERN LINE OF
TRACT"G"OF SAID PLAT;
TO THE POINT OF BEGINNING,
HAVING AN AREA OF 7001.40 SQUARE FEET,0.16 ACRES.
BASIS OF BEARINGS:EAST LINE OF SECTION 4 BEARS N 00°59'34" E.
EXHIBIT /1
Page hof
q�a000�aoPoe,
I CERTIFY THAT THIS MAP WAS MADE 1J DE¢4. �+ A13q T IAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS OR11:4 BY "INE.EPARD OF
THIS MAP 15 NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAP 53-1) 5Q,THRC)JGl{.'.O52, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472 FtORIETA '51e4TUTES.
SIGNATURE AND RAISED SEAL OF THE FLORIDA
LICENSED SURVEYOR AND MAPPER.
MARK D. McCLEARY, PSM ,.
FLORIDA REGISTRATION No. 6557 :.?:•/;e;7'•: I f }� �+
FOR COLLIER COUNTY* n ��y '7^".4,4'15 �/f
DATE SIGNED: .c 'r `'d _i..f*'
p` �f!fi, a, .. .
BOARD OF COUNTY COMMISSIONERS TITLE ›arorr►++'►i'.
r: -
COLLIER COUNTY, FLORIDA R- CEL 111FEE
TRANSPORTATION ENGINEERING DIVISION < .