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Parcel 102AME PROJECT: 77777 Road Maintenance PARCEL: 102AME FOLIO: 00234520000 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreem: t") is made and entered into on this Lf e--11- day of TO r1 Ua , 2024, •y and between SUNNILAND FAMILY LIMITED PARTNERSHIP, a Florida Limited Partnership, whose mailing address is P.O. Box 930, Immokalee, FL 34143 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Boat Ramp, Access and Maintenance Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement for the sole purpose of constructing a boat ramp and accessing and maintaining the Barron Canal, also known as the SR 29 Canal; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement 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 Easement 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 DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement to County, in a form acceptable to County without the payment of monetary compensation by County and at no cost to the Owner. Said conveyance (Owner's delivery to County of a properly executed easement instrument) 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 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. 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." 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. UNDERTAKINGS —The Owner will cooperate with County to procure the removal of the defunct pipeline crossing the Barron Canal but does not warrant that the pipeline will be removed. 7. GATES, FENCE AND OTHER FACILITIES — County shall install gates and fencing designed to prevent the public from gaining access to the two boat ramps to be constructed within the Easement area. All facilities constructed and installed by County within the Easement area shall be maintained by County at its sole cost and expense. Additionally, all plans for construction and installation of the boat ramps, gates and fencing shall be furnished to Owner for review prior to construction. 8. REVERTER — In the event that the Easement is no longer needed for purposes of accessing and maintaining the Barron Canal, then the Easement shall terminate and all rights granted hereunder shall revert to Owner. Additionally, County shall be required to remove all improvements constructed and installed by County from the Easement area and shall take reasonable steps to restore the Easement area to its condition prior to installation of such improvements at its sole cost and expense. 9. 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 .ti no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. 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: vA„,..‘ ,2)-, " -1 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K #CINZEL, Clerk of the COLLI COUNTY, FLORIDA Circuit Cq.crl't 3.Cor;ptroller BY: ` '` BY: �lerk f tt S s Ch & y Penny Taylor, airperson 4 AS TO OWNER: DATED: SUNNILAND FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, By: SUNNILAND PARTNERS, LLC, Witness (Signature) a Florida limited liability company, \Ly\O its general partner (Print or T e) ` .L2 -�Name By: � ALIESE P. PRIDDY, Manager/ ember Witn ss ( ig ure 0, (-\\-dt, —)1/\% il I v51- Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney ��� SKETCH AND DESCRIPTION EXHIBIT"A" PROPOSED BOAT RAMPS PAGE 1 OF 1 A PORTION OF A PARCEL DESCRIBED IN O.R.BOOK 4868 PAGE 3132 AND BEING A PORTION OF EAST ONE HALF OF SECTION 29,TOWNSHIP 48 SOUTH,RANGE 30 EAST OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN O.R.BOOK 4868 PAGE 3132 LESS THE RIGHT-OF-WAY OF STATE ROAD 29 IN THE EAST ONE HALF OF SECTION 29,TOWNSHIP 48 SOUTH,RANGE 30 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN NORTH 00'46'16"WEST ALONG SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL A DISTANCE OF 617.81 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE ALONG WEST LINE OF SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL NORTH 00'46'16"WEST A DISTANCE OF 520.00 FEET;THENCE LEAVING SAID WEST LINE OF SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL NORTH 89°'13'14"EAST A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'46'16"EAST A DISTANCE OF 520.00 FEET;THENCE SOUTH 89'13'44"WEST A DISTANCE OF 150.00 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL AND THE EASTERN BANK OF THE EVERGLADES-IMMOKALEE CANAL,SAID POINT BEING THE POINT OF BEGINNING. CONTAINING 1.80 ACRES MORE OR LESS lik \\N----- v..r {7.___ TOP OF BANK GRAPHIC SCALE o 400 ICIlirdilaill ( 1Nr ) 1 inch - 200 ft. 8 1/2 X 14 Not to Scale J Q O Z 0 < O - tJ.l M Y THIS IS NOT A SURVEY 2 PROPOSED 2 BOAT RAMPS GENERAL NOTES: J1 W 1 DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 0 5 2.BEARINGS ARE ASSUMED AND BASED ON THE WEST LINE V. N 89'13'44"E ce 150.00 OF PARCEL,BEING NORTH 00°46'16"WEST. w 3.LEGEND: ' O.R.=OFFICIAL RECORD BOOK P.O.B.=POINT OF BEGINNING ,., P.O.C.=POINT OF COMMENCEMENT I. .$ I 0 0 Z0o . n I 2 I'" EXISTING `--ASPHALT SUNNILAND FMLY LTD S89.13r44"W ROAD PARTNERSHIP 0 150.00 + O.R. 4868 PAGE 3132 o P.O.B. ,.o, �m o o 0 z THOMAS J.ANDERSON,P.S.M. FLORIDA SURVEYOR 8 MAPPER LS 5804 COLLIER COUNTY SURVEYOR SECTION 29 _ COLLIER COUNTY SECTION 32 Growth Management Department Road Maintenance Division P.O.C. OC 2885 South Horseshoe Drive,Naples Florida 34104 Phone:239-252-5810 Fax 239-252-5828 11,IIc St AI I I'i .t\.r Ille Fri 02-20-2020 1" 200 S R 29 2948- 0 190340 REVISED:4.28-20 ADDED 100'NORTH AND SOUTH OF ORIGINAL PROPOSED BOAT RAMP LAYOUT .