Parcel: #101FEE1, #101FEE2, & 102FEE 16A10
PROJECT: 60219 Whippoorwill Connection
PARCEL No(s): 101 FEE1, 101 FEE2, 102FEE
FOLIO No(s): Portions of 22700048544 and 22700048586
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this oi,Lw day of f , 2020, by and between AVIANO AT
NAPLES HOMEOWNERS ASSO IATION, INC., a Florida not-for-profit corporation,
whose mailing address is do Gulf Breeze Management Services, Inc., 8910 Terrene
Court, Suite 200, Bonita Springs, FL 34135 (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.
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. Said conveyance (Owner's delivery to County of a
properly executed Warranty Deed) is hereinafter referred to as the "Closing."
Owner shall, if requested to do so, assist County in obtaining 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 Closing Documents, properly executed,
witnessed, and notarized where required, in a form acceptable to County.
3. MUTUAL COVENANTS - County shall pay Owner the sum of FORTY-ONE
THOUSAND SEVEN HUNDRED TWENTY-ONE and 40/100 US DOLLARS
i6A10
($41,721.40) as a contribution towards the cost of installing landscaping on the
Owner's remaining lands along a portion of the southern and eastern walls. Said
payment to Owner, payable by County Warrant at the time of Closing, shall be full
compensation for the conveyance granted, including all landscaping, trees, shrubs,
improvements, and fixtures located on the Property described in Exhibit "A", and
shall be in full and final settlement of any and all damages resulting to Owner's
remaining lands, including any alleged damages arising from the construction of
improvements, mitigation for traffic noise, costs to cure, including, but not limited
to (if applicable), noise attenuation walls, landscape buffers, the cost to relocate the
existing irrigation system and other improvements, and the cost to cut and cap
irrigation lines extending into the Property, and to remove all sprinkler valves and
related electrical wiring, and all other damages in connection with the conveyance
to County, and including all attorneys' fees, expert witness fees and costs as
provided for in Chapter 73, Florida Statutes.
4. WALL ENCROACHMENT - A small section of the eastern wall of Owner's lands is
located within the County's existing right-of-way. The County does not anticipate
that the encroaching section of the wall will conflict with its proposed project
improvements. Accordingly, the encroaching section of the wall shall be allowed to
remain in its present location. If the encroachment, in fact, conflicts with the
proposed project improvements, or any future County uses of the right-of-way, then
County shall relocate the encroaching section of the wall outside of the right-of-way
at County's sole cost and expense. If the wall needs to be replaced or relocated for
any other reason, Owner shall do so at its own cost and expense and the wall shall
be relocated outside of County's right-of-way. Owner shall continue to maintain the
entire wall, including the encroaching section, at its sole cost and expense.
5 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.
6. 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."
7. 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.
16A10
8. 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.
9. 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 COUN :
DATED: Q/,tyh�
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Court & Comptroller
/3411%.,teeeoit..04--
BY: BY:
Deputy Clerk � BURT L. SAUNDERS, Chairman
test into Chairman's
signature only.
16A10
AS TO OWNER: AVIANO AT NAPLES HOMEOWNERS
ASSOCIATION, INC.,
a Florida not-for-profit corporation
DATED:_/.46)4.)
B/666(- - -?/- /;'/Av-1 -)
Witness (Signature) BILL KORSON, P esident
Mctrtkct orS1
Name (Print or Type)
4 c/t
fitness (Signature)
j-or2W tit 0 f)/Ub iet4
Name (Print or Type)
Approved as to form and legality:
aoa U
Jennifer A. Belpe to ri- S
Assistant County Attorney
Last Nevisea bl14f1U1 V
16A10
*** THIS IS NOT A SURVEY ***
PARCEL 101 FEE 1
A PORTION OF SEC ONT18 TWN 49 RNG 26 E EXHIBIT A
PARCEL No.22700048544Pagei _of L
NT.S
I I
AVIANO AT NAPLES
TRACT "C-2"
AVIANO AT NAPLES, PB43, PAGES 67-73
I
50' ROAD, LANDSCAPE AND UTILITY
EASEMENT AS PER ORDINANCE NUMBER EAST LINE OF THE SW
02-43, BOARD OF COWER LIOUN 1/4 OF THE SW 1/4 \ I
COMMISSIONERS \
I \ N 89'34'20" E 1264.13'
L1 L2
S B9.34'20" W 1264.24
MARBELLA LAKES DR -- - -
SOUTH LINE OF THE S 1/2 OF THE SE
RO; POINT BEGINNING -- -- -- -- - - -- 1/40F THE SWI/4 0�
z I I M�
o MARBELLA LAKES
rn
z
TE - Ro
JUN 1 5 2020
I
LINE BEARING DISTANCE
L1 N 00'09'54" W 50.00'
L2 S 00'17'33" E 50.00'
I '
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
THIS MAP IS NOT VALID WITHOUT THE
SIGNATURE AND RAISED SEAL OF THE ORIGINA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM HAvviA FLORIDACO REGISTRATION No. 6557 6�/FOR COLLIER COUNTY /L �jZ6j
DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 101 FEE 1
TRANSPORTATION ENGINEERING DIVISION
2885 SOUTH[HORSESHOE DRIVE
NAPLES.FLORIDA 34104(22E)252—e1e2 DATE I PROJ No. SHEET 1 of 2 FILE:
i6A1C1 '
*** THIS IS NOT A SURVEY ***
PARCEL 101 FEE 1 Dollen ' A
DESCRIPTION +y 1i i
A PORTION OF SECTION 18 TWN 49 RNG 26 E Page , 0 f •
PARCEL No.22700048544 •...
DESCRIPTION:
A PORTION OF TRACT"C-2" OF AVIANO AT NAPLES,AS RECORDED IN PLAT BOOK 43,
PAGES 69-73 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,LYING IN
SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,SHOWN
AS THE 50'ROAD,LANDSCAPE AND UTILTY EASEMENT AS PER ORDINANACE NUMBER
02-43,BOARD OF COLLIER COUNTY COMMISSIONERS,MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT"C-2"OF SAID PLAT;
THENCE N 00°09'54"W A DISTANCE OF 50.00'ALONG THE EASTERN RIGHT OF WAY OF
LIVINGSTON ROAD(150' ROW);
THENCE N 89°34'20"E A DISTANCE OF 1264.13'TO THE EAST LINE OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SAID SECTION;
THENCE S 00°17'33"E A DISTANCE OF 50.00'TO THE SOUTH LINE OF SAID TRACT"C-2";
THENCE S 89°34'20"W ALONG SAID SOUTH LINE A DISTANCE OF 1264.24';
WHICH IS THE POINT OF BEGINNING;
HAVING AN AREA 0E63,209.17 SQUARE FEET, 1.451 ACRES MORE OR LESS.
BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 18 BEARS
N 89°34'20"E.
TE - ROW
JUN 1 5 2020
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSMFLO 9 �
FORRIDA COLLIIERISTRATION COUNTY No. 6557 'vuv 6/ 2/ i
DATE SIGNED: 6 �(/
BOARD OF COUNTY COMMISSIONERS TITLE
COWER COUNTY, FLORIDA PARCEL 101 FEE 1
TRANSPORTATION ENGINEERING DIVISION
2886 SOOTN HORSESHOE DRIVE
NAPLES,FLORIDA 34104(236)252-6192 DATE I PROJ No. SHEET 2 of 2 FILE:
1 6A10
*** THIS IS NOT A SURVEY ***
PARCEL 101 FEE 2
SKETCH
A PORTIONRCEL No.SECTIONF 22700048544 49 RNG 26 E EXH iB IT (�
_.,�. of
N.TS.
AVIANO AT NAPLES
TRACT "C-2"
AVIANO AT NAPLES, PB43, PAGES 57-71
50' ROAD, LANDSCAPE AND UTIUTY
L3 EASEMENT AS PER ORDINANCE NUMBER
PARCEL 101 FEE 2 02-43, BOARD OF COLUER COUNTY
COMMISSIONERS
5 L6 L7 N 89'34'20" E 1264.13' _ _ \\_
r LB
POINT OF s 8934'20" W 1264.24
BEGINNING MARBELLA LAKES DRIVE-\
POINT OF \ S0UNUNEOFThES1/2ThESE
1/4 OF THE SW 1/4
ZO COMMENCEMENT 0
rn
MARBELLA LAKES
LINE BEARING DISTANCE TE e SOW
L1 N 00'09'54" W 50.00'
L2 N 00'09'54" W 15.88'
L4 S 78'06'09" E 68.44' JUL 2 4 2020
L5 N 89'53'09" E 19.57'
L6 S 89'41'14" E 18.29'
L7 N 89'39'01" E 683.97'
L8 S 89.34'20" W 789.35'
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472,027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 557
FOR COLLIER COUNTY
DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 101 FEE 2
TRANSPORTATION ENGINEERING DIVISION
Zees SOUTH HORSESHOE DRIVE
NAPLES.FLORIDA 94104(292)252-8192 DATE PROJ No. SHEET 1 of 2 FILE:
16A10
*** THIS IS NOT A SURVEY ***
PARCEL 101 FEE 2
DESCRIPTION �j(�,�i
A PORTION OF SECTION 18 TWN 49 RNG 26 E v� IBI 1T
P
PARCEL No.22700048544
DESCRIPTION: �•••w
A PORTION OF TRACT"C-2"OF AVIANO AT NAPLES,AS RECORDED IN PLAT BOOK 43,
PAGES 69-70 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA,LYING IN SECTION
18,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT"C-2"OF SAID PLAT':
THENCE N 00°09'54" W A DISTANCE OF 50.00'ALONG THE EASTERN RIGHT OF WAY OF
LIVINGSTON ROAD(150' ROW)TO THE POINT OF BEGINNING;
THENCE N 00°09'54" W A DISTANCE OF 15.88';
THENCE N 89°25'31"E A DISTANCE OF 0.59';
THENCE S 78°06'09"E A DISTANCE OF 68.44';
THENCE N 89°53'09"E A DISTANCE OF 19.57';
THENCE S 89°41'14"E A DISTANCE OF 18.29';
THENCE N 89°39'01"E A DISTANCE OF 683.97';
THENCE S 89°34'20"W A DISTANCE OF 789.35';
WHICH IS THE POINT OF BEGINNING,
HAVING AN AREA OF 944.98 SQUARE FEET,0.022 ACRES
BASIS OF BEARINGS: SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 18 BEARS
N 89°34'20"E.
TE - ROW
JUL 2 4 2020
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
THIS MAP IS NOT VALID WITHOUT
SIGNATURE AND RAISED SEAL T THE ORIG NA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 6557 f,�/ h �/ jL
FOR COLLIER COUNTY 1G%%vim !/ /1, 7,/, /2_
DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 101 FEE 2
TRANSPORTATION ENGINEERING DIVISION
EBBS SOUTH HORSESHOE DRIVE
SHEET 2 of 2 FILE:
NAPLES.FLORIDA 34104(E39)252-9192 DATE PROJ No.
i6A10 ..
*** THIS IS NOT A SURVEY ***
PARCEL 102 FEE
EXHIBIT P‹
SKETCH
A PORTION OF SECTION 18 TWN 49 RNG 26 [Pa .
PARCEL No.227000485 86
I'
I
-- - - - - - - - - -- - -
I
I I N T S
I I5
M
X
S
1 I
1bI
AVIANO AT NAPLES
1 a I.
O w I
TRACT "FD-1" I a 1 g
AVIANO AT NAPLES, PB43, PAGES 67-73
I I
1 I I
50' ROAD, LANDSCAPE AND UTILITY
EASEMENT AS PER ORDINANCE NUMBER
EAST LINE OF THE SW 02-43, BOARD OF COWER COUNTY
/1/4 OF THE SW 1/4 COMMISSIONERS EAST LINE OF THE S 1/2 OF THE SE I I
N 89'34'20" E 1305.04' , 1/4 OF THE SW 174
Li L2
S 89'34'20" W 1305.16' I
MARBELLA LADS DR
SDUI POINT OF H LINE FFF THE E551/2 OF THE SE
-4 BEGINNING 1/4
Op,
MARBELLA LAKES
LINE BEARING DISTANCE TE - ROW Y
L1 N 00'17'33" E 50.00'
L2 S 00'25'50" E 50.00' J U N 15 2020
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS IS NOT VALID THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
THIS MAPPE AND RAISED SEAL WITHOUTOT THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
SIGLICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 6557 j� "� ' /
FOR COLLIER COUNTY �//�� ,
DATE SIGNED: !� i ��c�/
BOARD OF COUNTY COMMISSIONERS TITLE
COWER COUNTY, FLORIDA PARCEL 102 FEE
TRANSPORTATION ENGINEERING DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES,FLORID/.34104(299)252-8192 DATE PROJ No. SHEET 1 of 2 FILE:
16A10
*** THIS IS NOT A SURVEY ***
PDE CRIPTION102 FEE
EXHIBIT
A PORTION OF SECTION 18 TWN 49 RNG 26 E L Of
PARCEL No.22700048586
DESCRIPTION: -
A PORTION OF TRACT"FD-1" OF AVIANO AT NAPLES,AS RECORDED IN PLAT BOOK 43,
PAGES 67-73 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,LYING IN
SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,SHOWN
AS THE 50'ROAD,LANDSCAPE AND UTILTY EASEMENT AS PER ORDINANACE NUMBER
02-43,BOARD OF COLLIER COUNTY COMMISSIONERS,MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT"FD-1"OF SAID PLAT;
THENCE N 00°17'33"W A DISTANCE OF 50.00'
THENCE N 89°34'20"E A DISTANCE OF 1305.04'TO THE EAST LINE OF THE SOUTH 1/2 OF
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION;
THENCE S 00°25'50"E A DISTANCE OF 50.00'ALONG SAID EAST LINE TO THE SOUTH LINE
OF SAID TRACT"FD-1";
THENCE S 89°34'20"W ALONG SAID SOUTH LINE A DISTANCE OF 1305.16';
WHICH IS THE POINT OF BEGINNING;
HAVING AN AREA OF 65,254.92 SQUARE FEET, 1.498 ACRES MORE OR LESS.
BASIS OF BEARINGS:SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 18 BEARS
N 89°34'20"E.
TE - ROW
JUN152020
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
THIS MAP IS NOT VALID WITHOUT THE O
SIGNATURE AND RAISED SEAL OF THE ORIGIN ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 47'2,027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 6557 ,
FOR COLLIER COUNTY
DATE SIGNED: //17/ ��
�
-e
�/ Zo
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 102 FEE
TRANSPORTATION ENGINEERING DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES,FLORIDA 34104(239)252-8192 DATE PROJ No. SHEET 2 of 2 FILE: