Parcel 168DE Agreement PROJECT: 50200.2 Poinciana Village Stormwater
PARCEL: 88888-168DE
FOLIO: 68040760009
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 2.-Va day of 7l 9(2.mbex , 2021, by and between O'NEILL
PARTNERS, LLC, a Hawaii limited liability company, whose mailing address is 10081
NW 7th Street, Plantation, Florida 33324, (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 without responsibility for maintenance 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; 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. RESPONSIBILTY FOR MAINTENANCE — County shall have no obligation or
responsibility to construct any improvements within the Easement Area.
Additionally, County shall have the right, but have no obligation or responsibility to
maintain any improvements that are constructed within the Easement area.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement
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 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.
4. 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.
5. 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 costs
and/or 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 costs and/or
processing fees."
6. 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.
7. 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.
8. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Court & Comptroller
BY: CJC BY:
De t "! a PENNY T LOR, Cha erson
�aso �
Attest 'si ature
AS TO"OWNER ,,
DATED: . / 3 ,)1
O'NEILL PARTNERS, LLC,
a Hawaii limited liability company,
• 113 BY:
Witness nature) IONE O'NEILL, Manager
6 Ilcxwrk. T. S eapa.4 l
Name (Print or Type)
Witness (Signature)
bUr
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Belpedio
Y : \\,
O
Assistant County Attorney
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UNE BEARING DISTANCE
L1 N 90'00'00" W 7.50'
L2 N 89'38'35" E 7-50'
LOT 4
BLOCK "B" UNR 1 l0T 3 LOT 2
POINCIANA VILLAGE BLOCK 'B' UNIT 1 ; BLOCK 'B" UNIT1
P.B. 8. PG. 61 POINCIANA VILLAGE $ POINCIANA VILLAGE
P.B. 8, PG. 61 g P.B. 8, PG. 61
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BASIS OF BEARING
POINCIANA DRIVE
(to' WIDE
LEGAL DESCRIPTION:
THE EAST 7.5' OF LOT 3, BLOCK 'B" UNIT 1 POINCIANA VILLAGE, AS RECORDED IN PLAT BOOK 8, AT PAGE 61 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
HOLE MONTES, INC �P'IA �
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 �S',Cro v•0�� 5.c
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THOMAS M. MURPHY STATE OF FLORIDA
• NOT A SURVEY •
DRAWN trr: All.. 950 Encore Way uRAWIM, No
G.N 6/01/2021 Naples, FL. 34110 SKETCH AND LEGAL H-1567—NEW
SHEETA "OF SHEET PROJECT NO.
, Phone: (239) 254-2000 9n71.ni6
1 SEC-IWN-RGE' ' < Florida Certificate of LOT 3 BLOCK "B" DRAINAGE EASEMENT Hu. NAML
23-49-25 Hot, :,_0 T .•, Authorization No.1772 Ia13 MCI PA MIL*,