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Parcel 103 PROJECT: Tree Farm Road PARCEL No(s): 103 FOLIO No(s):00209160204 AGREEMENT THIS. AGREEM~T (hereina~ej r~ferred to as the "Agreement") is made and entered into on this I day of ~h"'~, 2~ otby and between CALOOSA RESERVE, LLC, a Florida limited liability company, whose mailing address is 870 111th Avenue, North, Suite 1, Naples, Florida 34108, STELLA OF CALOOSA RESERVE, LLC, an Ohio limited liability company or Assignee, whose mailing address is 1501../ T~A VEl f.e.~ ~ AVON , Olio , Ll-LfD{l and 829-11I, LLC, a +lO~JJ)t\ limited liability company, whose mailing address is If( [1,{+I((ID{OAI'{ 13.~. ,':::10 0 t: ,~O~.D4---, ~36D0 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Owner (CALOOSA RESERVE, LLC.) and County have entered into a Developer Contribution Agreement dated May 23, 2006 and recorded October 24, 2006 in OR. Book 4126, at Page 1463, Public Records of Collier County, Florida; and WHEREAS, Owner (Caloosa Reserve, LLC.) conveyed an undivided TWO AND 14/100 PERCENT (2.14%) interest in the property described in the Development Agreement to Stella of Caloosa Reserve, LLC, and recorded May 26, 2006 in O.R. Book 4044, at Page 2707; and WHEREAS, Owner (Caloosa Reserve, LLC) conveyed an undivided ONE AND 712/100 PERCENT (1.712%) interest in the property described in the Development Agreement to Stella of Caloosa Reserve, LLC, and recorded May 26, 2006 in O.R. Book 4044, at Page 2713; and WHEREAS, Owner (Caloosa Reserve, LLC) conveyed an undivided FIVE POINT THIRTY SIX PERCENT (5.36%) interest in the property described in the Development Agreement to 829-111, LLC, and recorded May 26, 2006 in O.R. Book 4044, at Page 2710; and WHEREAS, under the terms of said Developer Contribution Agreement, Owner has agreed to convey to County, at no cost, certain road right-of-way dedications; and WHEREAS, County has requested that Owner convey to County, at no cost, certain perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easements over, under, upon and across the lands described in Exhibit "A", attached hereto and made a part of this Agreement, (said easement 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, sad terms including !;,at no~ompensation shall be due ancl 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. 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 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 easement instrument) is hereinafter referred to as the "Closing." 3. Prior to 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. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. County shall not pay any fees to record any curative instruments required to clear title, any Easement recording fees, or any costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. 6. 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. 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. 8. 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. Acquisition Approved by BCC on the 23rd day of May, 2006, agenda item #16-B-6. AS TO PURCHASi;:R: ",J DATED: ,;.J-/LJ,O'6 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, ORIDA . C. BY: . ep ty Clerk Atbnt:a to OMI/"11111 , ,ttNtWt .011- " Last Revised: 5/2/07 AS TO OWNER: DATED: 9-b'f- 01 .a/AA~~fL. rIA1A~ Witness (Signature) ~J-I"ILIa.. L On :5~{J L Name (Print or Type) ~~h.~ Witness (Signature) Itn n~f/a--- Ai I /J fC-IJAur, Name (Print or Type) DATED: c;, <( c:' 7 "'''' i)1 o' 1 I.U\.JM'J.~ ess(signature)fl " r .'-'Ye niL(/.. Name (Print or Type) pa;f/( / ~L4.) /I!x A-<l../~ Witness (Signature) 1h+;It'~(f L/3(j~UCJ Name (Print or Type) DATED: /D':;2.07 Approved as to form and I~ufficien.c.. y.: ~ ryiLL ~IIen T. Chadwell Assistant County Attorney Last Revised: 5/2/07 CALOOSA RESERVE, LLC, a Florida limited liability company By: BBMP, LLC, a Florida limited liability company as manager of STELLA OF CALOOSA RESERVE, LLC, an Ohio limited liability company By: " (Signature) ~ LL (Print Name) }/to n{Ui/flCi Mt1r}be.r (Title) I President/vice President 829-111, LLC, a ht,. "PJOYl~ limited liability company By: ~~ (Signat'ry) /~ 0?-.1 r) StA.lf) ('-If) (Print Name) . -I),..,J I~f'- 0-{!j)U(;z.1 e~r+Yla-(-' (Title) President/vice President f~~ ~w&- !;,~ '\;;.. 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