Parcels 139DAME & 142DAME
PROJECT: LASIP MAIN (E-W)
PARCEL No(s): 139DAME and 142DAME
FOLIO No(s): a portion of 00432040007 and 55151720006
DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this /2 rlf day of
:rANlAAI~Y , 20~, by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not-for-profit corporation, whose mailing address is 405 Forest
Hills Blvd., Naples, FI 34113 , (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 "Purchaser").
WHEREAS, Purchaser requires a DRAINAGE, ACCESS, AND MAINTENANCE
EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit
"B" which are attached hereto and made a part of this Agreement (hereinafter referred to
collectively as the "Easement"); and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are
entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel
139TCE, which is attached hereto as Exhibit "C"; and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
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 Easement to Purchaser for the sum of:
$64,700.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, including but not limited to the
cost to relocate the existing irrigation system and other improvements, and the cost
to cut and cap irrigation lines extending into the Easement, and to remove all
sprinkler valves and related electrical wiring, and all other damages in connection
with conveyance of said Easement to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
Page 2
3. Prior to 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. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
(a) Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur at Collier Transportation Services, 2885 S. Horseshoe Drive, Naples, FI
34104 within ninety (90) days from the date of execution of this Agreement by the
Purchaser; provided, however, that Purchaser shall have the unilateral right to extend
the term of this Agreement pending receipt of such instruments, properly executed,
which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
inclUding irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Property prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
Page 3
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement, except
as specifically stated to survive closing in this document in sections 7 (h) and
8.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner Shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement tq change from its existing state on the effective date of this
Agreement up to and including the date of Closing, except as expressly
permitted in section 5 of this document. Therefore, Owner agrees not to
enter into any contracts or agreements pertaining to or affecting the property
underlying the Easement and not to do any act or omit to perform any act
which would adversely affect the physical condition of the property
underlying the Easement or its intended use by Purchaser.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the Purchaser,
that the Owner has not received notice and otherwise has no knowledge of:
a) any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes, or
biological or radioactive contamination on the property underlying the
Page 4
Easement. This provision shall survive Closing and is not deemed satisfied
by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal
and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all 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; provided,
however, that any apportionment and distribution of the full compensation amount in
Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, the Easement is being acquired under threat of
condemnation and no stamp tax liability shall accrue to Owner.
10. 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.
11. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every person
having a beneficial interest in the property underlying the Easement before the
Easement held in such capacity is conveyed to Purchaser. (If the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant
to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; 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. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
Page 5
14. 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 PURCHASER:
DATED: ~(-tl-2"(o
",
BOARD OF CO NTY COMMISSIONERS
COLLIER CO Y, FLORIDA! _
~d~
BY:
DONNA
AS TO OWNER:
DATED: 1/ /3/01
. .
ROYAL PALM COUNTRY CLUB OF NAPLES,
INC., a Florida not-for-profit corporation
on
bm.&
Witness (Signature)
~- 1
William Schmitz, President
Dt-JA-LIJ M. HA-/2.utJ
Name (Print or Type)
,1I~tP ~
Witness (Signature)
&tl?/t). /) 7. '] ~ (k'tJ( /
Name (Print or Type)
Approved as to form and
legal sufficiency:
~6-U~
Assista County Attorney
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MA TCHLlNE SEE SHEET 2 OF 5
PARCEL NO. 139DAME
PERPETUAL, NON-EXCLUSIVE
DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
TEeM-ROW
SEP 23 2009
GENF.RAI NtlTF<;:
L DIMENSiONS ARC iN F"EtT AND DEQMAlS THEREOF.
1. P.O,B. <II POINT Of BEGlNNfNC,
J. P.Q,C, .. POINT OF COIJ/lENCEJ./ENr.
., p.o: r. .. PO/NT OF TERMINUS.
5, R.O.W, .. RIGHT-OF-WAY.
6, D.E, .. ORA/NAG! E';,SlIt/ENf.
7, l,B,E. .. LANDSCAPE' 8UFffF/ EASCMENT.
8. T.C,(, ... T!MPORIlRY CONSTRUC1loi'/ cASEMENT;
9, D.A.I.t,E; .. DRAINAGE, ACCESS AND MAINTENANCE: CASEMENT;
If). Bf:,I,RINGS ARC BASro ON THE' fl.QR1CMSTAl'C PlANE
fAST ZOHF:. HAO 8J/99 ADJ(JSWENT.
NOT A SURVEY
FOR, ...HE
COLLIER COUNTY STORM WA TER MANAGEMENT I!!: NOU
UTlL'SKETCH AND OESCRtpnON or A DRAINAGE. ACCESS, ii!i n Ie
AND MAINTENANCE EASeMENT, PART OF 1RAcr N. ::1:-. VHDAC&_ w(W;
UlY GOLF ESTATES TRACT MAP, P.B. 8, PO. 20, :::":'~:'::~:"'~~rf",~,,:==:,~ '
COLLIER COUNTY. FLORIDA ~..~-=~..:........--=-.:::-nU1-:""!:r.:::::': SCAl!:
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bJ<: AB8 PROJirC r NO.
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SHeET NO,
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I. DfMCNSONS ME IN FrfT AND DeCIMALS rnmo;:
2. P.o..8. ., POINT or 8f:GfNNING.
J, P,D.C. ... POINT or COMM(.NctMENT.
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FOR ....Iit $I EO BY;
cOLLlm COUNTY STORM WA TER MANAGEMENT ill: NOLI ORA""" JAN
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AND MAlN1ENANCr EASEMENT. PART OF TRACT N, :::: l1NO;.G1t..... VIEW< PLOT DAtE: SCP. 2J. 200
LflY GOLF eSTATES TRAcr MAP, PB 8, PC. 20, ;:--_."..._~__~:..._~.:.._~':.,~.';===~,.. _.,",
COLLIER COUNTY. FLORIDA ~..,OII....;.;;;:;;;._U_--:....._ .w_ _=J::::.. ............... I- _ 100' .AC.AD I:IOZlS2-SM
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.1::~~~~::'1~:;
~~~~"'~~~~:q
al.Ju!.)tu~Utiti
I. DIMeNSIONS ARE IN rr:a AND O/:;cIMALS THtRtOf.
2. p,o,e. ... POINT OF' 8fGtNNlNC.
J.. P.D.C, - POINT OF COUytNCEMENT.
.of. P.O, T. ... POINT OF TERMiNUS,
:i. R.O,IV, '"' RIGHT-or-WAY.
6. D,E, .. DRAINAGE: CASDtENT.
7. LB',t, - UNDSCAPE BUfffR [ASf:WENT:
8, T.c.[. _ TtMPORJ.RY CONSmuCTrON E:ASfWENT.
9. O.Jd.U. '" D!MINA.~ ACCf:$S AND UAJNTalAHCE: EASEMENT.
10. BeARINGS.ARf: 8AS(O ON TH( nome.... STAre- PL~
EAST ZONe, HAO 83/99 !.D<NSTME:NT.
OESlCN(D BY.-
DI\',l,l\N sy. JAH
CHeCKED BY: GPA
coco
WEW) PLon
FOR:
COLLlE:R COUNTY STORM WATER MANACE:MtNT ill. "0"
nQ[': SKETCH AND DESCR1PnON OF A DRAINAGE, ACCEsS il!::E U k
AND MA1NTFNANCE: EASEMENT. PARr Of' TRACT N, . :::: UNDACB.-.
LELY GOlF ESTATES TRACT MAP, P.B. 8. pc;. 20, =-=::..:~:....~":'""'...'::
COLUfR COUNTY. FLORIOA ~~..-:'=""::"''':'__--:-~""''J'_
"'UJ
~ SCAL!; ,~ _ 100'
NOT A SURVEY
"'"
ABS PROJf:CT NO.
7599-2
SHUT NO.
O,4I'[:SEP. 2.1, 200$1 J OF 5
FlLE'NO,
ACAD J:J0252-SDPB 10252
If II
EXHIBIT A
Page~d 5
PARCEL NO. 139DAME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE
EASEMENT
ALL THA T PART OF TRACT N, LEL Y GOLF ESTA TES TRACT MAP AS RECORDED IN PLA T
BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89"27'38"
EAST A DISTANCE OF 6,25 FEET TO THE BASELINE OF THE PROPOSED DRAINAGE
IMPROVEMENTS BEING STATION 68+98.33; THENCE SOUTH 0019'53" WEST ALONG SAID
BASELINE A DISTANCE OF 151.03 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERL Y AND HAVING A RADIUS OF 2.500.00 FEET BEING STATION 67+41,52; THENCE
SOUTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03'29'47" AN ARC DISTANCE OF 152,56 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45,00 FEET BEING STATION
65+88.95; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 93"44'32" AN ARC DISTANCE OF 73,62 FEET BEING STA TION
65+15,33; THENCE NORTH 89'25'23" WEST A DISTANCE OF 1,031.17 FEET BEING
STA TION 54+84,16; THENCE LEAVING SAID BASELINE SOUTH 00'34'37" WEST A
DISTANCE OF 50,00 FEET TO THE SOUTHERL Y LINE OF AN EXISTING 100' WIDE
DRAINAGE RIGHT-OF-WAY AND THE POINT OF BEGINNING OF A 12,00 FOOT WIDE
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT LYING 6,00 FEET ON EACH SIDE OF
THE FOLLOW/NG DESCRIBED CENTERLINE;
THENCE SOUTH 44'52'59" WEST A DISTANCE OF 92,91 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75,00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
59"00'06" AN ARC DISTANCE OF 77,23 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 68.30 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
29'13'59" AN ARC DISTANCE OF 34.85 FEET;
THENCE SOUTH 74'39'07" WEST A DISTANCE OF 19.42 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 143,41 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
26'22"02" AN ARC DISTANCE OF 66,00 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCA VE SOUTHERL Y AND HA VlNG A RADIUS OF 200,27 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16"40'18" AN ARC DISTANCE OF 58,27 FEET;
THENCE SOUTH 84'20'51" WEST A DISTANCE OF 32.47 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50,00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
18'27'22" AN ARC DISTANCE OF 16.11 FEET;
THENCE SOUTH 65"53'28" WEST A DISTANCE OF 57.72 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36,00 FEET;
THENCE SOU TH WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 11'10'52"' AN ARC DISTANCE OF 7.03 FEET;
THENCE SOUTH 54'42'37" WEST A DISTANCE OF 38,99 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 36,00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
25'55'12" AN ARC DISTANCE OF 16,29 FEET;
THENCE SOUTH 80"37'49" WEST A DISTANCE OF 30,17 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HA VlNG A RADIUS OF 75.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
43"31'50" AN ARC DISTANCE OF 56,98 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 197,29 FEET;
THENCE NOR TH WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 20"50'25" AN ARC DISTANCE OF 71.76 FEET TO THE BEGINNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 36,00 FEET;
THENCE NOR TH WESTERL Y ALONG THE ARC OF SAID CURVE: THROUGH A CENTRAL ANGLE
OF 44"58'38" AN ARC DISTANCE OF 28,26 FEET;
THENCE NORTH 31'42'08" WEST A DISTANCE OF 30.94 FEET TO THE BEGINNING OF A
CURVE CONCAVE: SOUTHWESTERLY AND HAVING A RADIUS OF 100,00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SArD CURVE THROUGH A CENTRAL ANGLE
OF 17'15'59" AN ARC DISTANCE OF 30,14 FEET;
THENCE NORTH 48'58'07" WEST A DISTANCE OF 25,62 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
41"25'01" AN ARC DISTANCE OF 72,29 FEET;
THENCE SOUTH 89'36'53" WEST A DISTANCE OF 136,23 FEET TO AN INTERSECTION
WITH THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND Wl-/OSE RADIUS
POINT BEARS NORTH 00'42'19" WEST A DISTANCE OF 100.00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SArD NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 07'19'23" AN ARC DISTANCE OF 12.78 FEET;
THENCE NORTH 83"33'06" WEST A DISTANCE OF 100,23 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 65"23'22" AN ARC OISTANCE OF 41.09 FEET;
6-+-0lli RE\9SE[j BEARlNO
F~bLLlER COUNTY STORM WA1ER MANAGEMENT :II:~=' HOU "'M~Y~" .lIoN "',
mu:.. . CHECKro 8'f') GPA
SKE'TCH AND DESCRiPTION OF A. DRAINAGE. ACCESS -I::.: .. COGO
AND MAINTENANCE EASEMENT. PART OF TRACT N. I:::: UMD.1GI.- ~ PlOf2
tar GOLF EST....TES TRACT MAP. P.B. 8. Pc. 20. ==::::::--_"=:"'~-:ft.'::= .
COLLIER COUNTY. FLORIDA ...o.o..;,...---=:r:"'":,"":."",:,,,:::---Ju.,,-:,,=::::::: $OIJE: ""r.$.
NOT A SURVEY
AilS PRO.ECT NO.
7599-2
SflEETHo.
0..."........ 4 OF 5
FUENo.
;4CA,O #;'(J~ 10252
EXHIBIT \'0> \1
C_, ,.
...."'" ~
Page
PARCEL NO. 139DAME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT (CONTINUED)
THENCE SOUTH 31'03'32" WEST A DISTANCE OF 90,86 FEEr TO THE BEGINNING OF A
CURVE CONCAVE NORTHWE"STERLY AND HAVING A RADIUS OF 110,00 FEET;
THENCE SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 16'00'59" AN ARC DISTANCE OF 30.75 FEET TO THE BEGINNING OF A COMPOUND
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25,00 FE"U;
THE"NCE SOUTHWESTERL Y ALONG THE ARC OF SAID COMPOUND CURVE, THROUGH A
CE"NTRAL ANGLE OF 04'21'47" FOR AN ARC DISTANCE OF 1.90 FEU TO POINT "A" AND
THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED, POINT "A" ALSO
BEING THE POIN T OF BEGINNING OF A 10,00 FOO T WIDE DRAINAGE, ACCESS AND
MAINTENANCE E"ASEMENT LYING 5,00 FE"ET ON E"ACH SIDE OF THE FOLLOWING
DESCRIBED CEN TERLlNE;
BEGINNING AT SAID POINT "A";
THENCE CONnNUING ALONG THE ARC OF THE AFORESAID CURVE WESTE"RL Y THROUGH A
CENTRAL ANGLE OF 41'20'56" AN ARC DISTANCE OF 18,04 FEEr TO THE BEGINNING OF
A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RAOIUS OF 161.92 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
18'23'31" AN ARC DISTANCE OF 51.98 FEU TO THE: BE:GINNING OF A REVERSE CURVE:
CONCA VE NORTHE:RL Y AND HA VING A RADIUS OF 36,66 FEU;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE: OF
70'13'24" AN ARC DISTANCE OF 44,93 FEU TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERL Y AND HAVING A RADIUS OF 491,36 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 1518'21" AN AlIC DISTANCE OF 131,26 FEET;
THENCE NORTH 0'41'14" WEST A DISTANCE OF 56,43 FEET TO THE POINT OF
TERMINUS OF Ti C EASEMENT HEREIN DESCRIBED;
CONTAINING 1 54 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO E EME"NTS AND RESTRICITONS OF RECORD
GUYP~ADAMS~~i-NO~4J90-----------
$-4-09 ROtS€{) BEARING
FOR: nIlE 51 0 BY,
COLLlE:F1 COUNTY STORM WA TER MAN AGfMENT. ",:: NOU O'WI" "" J.<N
nn.E' .. O1ECKCD BY.- (l"~
. SKerCH ANO DESCRIPTION OF A DRAINAGE. ACCESS =:1::- ok lXlGO :
AND MAINTENANCE EASEMENT. PART OF TRACT N. I...n lfflDACK.- . WCIt': PlOTZ
LELY GOLF ESTATES mACT MAP. p.e. a PO. 20, =-=~...r-.::=:""~,,,,=n"'~":=e::: .
COLLIER COUNTY. flORIDA ~.,..:~...~"'''::::t;''"..;.,",---:-.:c-'''NI':...= .." SC~lE; H.T.s.
NOT A SURVEY
"",
,lies PRo.ECT NO.
7599 2
SHa:r NO.
OAIl": stP, Z~. 2009 5 OF 5
FUL NO,
10252
ACAO 1:10252-509
EXHIBIT
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S 0019'53" W 151.03 C2 S 02'4~'54-- W 93.22
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~ "
PARCEL NO. 142DAME
PERPETUAL, NON-EXCLUSIVE
DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
TEeM-ROW
SEP 18, 2009
r.FNFRAI NOW,.
1. DIMENSIONS AR( IN FEET AND DECIMALS THEREOF.
2. P.D.B. = POINT OF 8EGINNlNG.
J. P.O.C. - POINT OF COMMENCWENT.
4. R.O.W. = RIGHT-OF-WAY.
5. D.A.ME~ DRAINAGE. ACCESS AND MAINTENANCE EASEMENT
6. LB.E. = LI,NDSCAPE BUFFER CASEMENT.
7. SEARINGS ARE BASED ON mE flORIDA STArr PLANF:
EAST ZONE, NAO 8J/99 ADJUSTMENT.
FOR:
COLLIER COUNTY STORM WA JER
7111.i":
SKETCH AND DESCRJPnON OF A D.A.M.E.
PART OF ROYAL PALM COUNTRY CLUB, LYING IN
Sf:cnoN 20, TOWNSHIP 50 SOUTH, RANGf 26 EAST
COLLIER COUNTY, FLORIDA
REVISED SEPT. IB, 2009
NOT A SURVEY
.... DESIGNED BY:
MANAGEMENT ii55 DRA~ B~ JAN
..... Cl-IECKED 8Y; GPA
:::::. COGO
n:::. UNDAGE.-. VIEW'
~.I1&la-"'~"'''l.o.l><t'''''''''''''r...(_~ .
f:":-,,"-t..~:~...~~~';.~"'r.:..::::: SC-"LE": ," _ 100' ACAD 1:I02.~-SDS
-....,.,___u_......_ .....(III.~
"',
ASS PROJECr NQ
7599 2
SHE:ET NO.
1 OF 2
RLE NO.
10252
I
I
I
~
PLon
OA TE": APR. 2J. 200
.
EXHIBIT~
"')10r ...J.... d ~
PARCEL NO. 142DAME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
ALL THA T PART OF ROYAL PALM COUNTRY CLUB LYING IN THE NORTHEAST
QUARTER OF SECTION 20, TOWNSHIP 50 SOU TH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTiCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNER OF TRACT N, LEL Y GOLF ESTA TES
TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20; THENCE SOUTH
89'27'38" EAST A DISTANCE OF 6,25 FEET TO THE BASELINE OF THE
PROPOSED DRAINAGE IMPROVEMENTS BEING STA TiON 68+98,33; THENCE SOUTH
00'19'53" WEST ALONG SAID BASELINE A DiSTANCE OF 151,03 FEET TO THE
BEGINNING OF A CURVE CONCA VE EASTERL Y AND HA VING A RADIUS OF
2.500,00 FEET BEING STA TiON 67+41.52;
THENCE SOUTHERL Y ALONG THE ARC OF SAID CURVE: THROUGH A CENTRAL
ANGLE OF 03'29'47" AN ARC DISTANCE OF 152,56 FEET BEING STA TiON
65+88,95; THeNCE LEA VlNG SAID BASELINE NORTH 71'23"33" EAST A
OISTANCE OF 6,76 FEET TO THE EASTERLY LINE OF AN EXISTING 30' DRAINAGE
RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN
BEING DESCRIBED;
THENCE SOUTH 02'45'54" WEST ALONG SAID EASTERL Y LINE A DiSTANCE OF
93,22 FEET TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE
CONCA VE NORTHWESTERL Y ANO WHOSE RADIUS POiNT BEARS NORTH 20'18'45"
WEST A DISTANCE OF 70,00 FEET;
THENCE LEA ViNG SAID EASTERLY LINE NORTHEASTERL Y ALONG THE ARC OF
SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 69'19'10" AN ARC
DISTANCE OF 84,69 FEET;
THeNCE NORTH 04'23'29" WEST A OISTANCE OF 28,51 FEET TO THE
SOUTHERL Y LINE OF AUGUSTA COURT CONDOMINIUM (C,P,B, 20, PG, 31) ANO
AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE CONCA VE
NORTHERL Y ANO WHOSE RADIUS POINT BEARS NORTH 01'01'55" WEST A
OISTANCE OF 4,000,00 FEET;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID
NON- TANGeNT CURVE THROUGH A CENTRAL ANGLE OF 00'33'32" AN ARC
DISTANCE OF 39.02" eET TO THe POINT OF BeGINNING OF THE EASEMENT
HEREIN DESCRIBED; I
CONTAINING 3,207 S UARe FeET OF LAND, MORE OR LESS;
SUBJeCT TO EASE NTS AND RESTRICTIONS OF RECORD,
GUY p, ADAMS, p,
----------------------
NO. 4390
L
Rc~D SEPT. 18, 2009
FOR, "~l':
COLLIER COUNTY STORM WA TER MANAGEMENT 15i:. NOLl
n~ :5::: ~k
SKETCH AND DESCRIPTION OF A D.A.ME. :.:::.
PART OF ROYAL PALM COUNTRY CLUB L 'fING IN - ...... UNDAGE....
, ~...,m......p\.o.DIw....l....d.~... r-l"''''''_
SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST ---...--__........rt......./_)WI'-IlU
COLLIER COUNTY, FLORIDA ~.,..:..::::.-:::t:""~........-:.r-I'l.NJ':...:=~ SCALE:
NOT A SURVEY
DESlCNeD 8Y:
DRAVrN 8Y: JAN
CHECKED flY: CPA
COGO
YlEW; PLOT2
N.T.S.
bk
DATE::APR. 230 2
...CAD I: I02S2-SD5
Afl8 PROJf;CT NO.
7599 2
SHffT NO.
2 OF 2
F1LE NO.
10252
PROJECT: LASIP Main (E-W)
PARCEL No(s): 139TCE 1 & 2
FOLIO No(s): a portion of# 55151720006
EXHIBIT 1/ (" 1/
-.. _. ...-
P8~ \ cI]
-
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this day of
, 20_, by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC. , a Florida not-for-profit corporation , whose mailing address is 405
Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to
as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter referred to as "Purchaser"),
WHEREAS, the Purchaser requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A" and Exhibit "D" (hereinafter
collectively referred to as "TCE"), which is attached hereto and made a part of this
Agreement, for the purpose of constructing pavement and pathway improvements
within the access and maintenance easement immediately adjacent thereto; and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser
are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT
AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE
AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance
of the TCE.
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 are 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 TCE to Purchaser for the sum of $12,700.00 (said
transaction hereinafter referred to as the "Closing"). Said payment to Owner,
payable by County Warrant, shall be full compensation for the Easement
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and shall be in full and final settlement of any damages resulting
to Owner's irrigation system, including but not limited to the cost to relocate the
existing irrigation system and other improvements, and the cost to cut and cap
irrigation lines extending into the Easement, and to remove all sprinkler valves and
related electrical wiring, and all other damages in connection with conveyance of
said Easement to Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes,
EXHIBIT lIe 11
Pa~ L of.....1:
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the TCE, the execution of such instruments
which will remove, release or subordinate such encumbrances from the TCE upon
their recording in the public records of Collier County, Florida, Owner shall cause
to be delivered to Purchaser the items specified herein and the fOllowing
documents and instruments duly executed and acknowledged, in recordable form
(hereinafter referred to as "Closing Documents") on or before the date of Closing:
(a) Temporary Construction Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or,title company,
4. Both Owner and Purchaser agree that time is of the essence, Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the TCE, At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5, Owner and Purchaser agree to do all things which may be required to give effect
to this Agreement immediately as such requirement is made known to them or
they are requested to do so, whichever is the earlier.
6, Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and
to perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby,
(b) Purchaser's acceptance of the TCE shall be deemed to be full
performance and discharge of every agreement and obligation on the part
of Owner to be performed pursuant to the provisions of this Agreement,
except as specifically stated to survive closing in this document in sections
6 (h), 7, 8, 9 and 10, or scheduled to occur after closing in sections 8 and
9,
(c) No party or person other than Purchaser has any right or option to acquire
the TCE or any portion thereof,
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the
property underlying the TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TeE, without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
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(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE, except
for membership agreements currently in effect.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the TCE or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the TCE which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
TCE to change from its existing state on the effective date of this
Agreement up to and including the date of Closing, Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the TCE and not to do any act or omit to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by Purchaser.
(h) The property underlying the TCE, and all uses of the said property, have
been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the TCE except
as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the TCE; b) any existing or
threatened environmental lien against the property underlying the TCE; or
c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes,
or biological or radioactive contamination on the property underlying the
TCE, This provision shall survive Closing and is not deemed satisfied by
conveyance of title,
7, A portion of Purchaser's proposed construction project will include rebuilding and
repositioning a cart path/access road over and upon the 1ih and 13th fairway of the
Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Cart Path Improvements"),
Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path
running approximately from Station 41 +25 to Station 43+75 , and from Station
52+50 to Station 53+75 of the Plans and Specifications for the LEL YEAST-WEST
CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda
#419 or similar grass that portion of Cart Path Improvements running approximately
from Station 43+75 to Station 52+50 of the above referenced plans, The existing
cart path will be removed from approximately Station 44+20 to Station 49+20 of
said plans, and be leveled and planted with Bermuda grass #419. (See attached
Exhibit "D" for Cart Path removal easement area).
EXHIBIT \.1 C 11
p. L-{ or '1
8, Subject to extraordinary weather events, such as a named hurricane impacting the
Collier County area during the month of April or May, 2010, Purchaser shall
schedule all construction activity for the Cart Path Improvements from station 41 +25
to station 53+75 to commence no sooner than May 24, 2010" Owner shall close the
applicable fairways from normal golf play during this period of construction, and
direct patrons around the construction site, Commencing on the date of June 1,
2010, and for each day thereafter or portion thereof that construction is underway
on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per
day for each day construction activity prevents usage for playability of golfon these
fairways. Such payment shall be made within thirty (30) days of completion of
construction, Purchaser shall notify Owner upon completion of the Cart Path
Improvements, and Purchaser and Owner shall meet at the property to mutually
inspect and agree upon satisfactory completion.
9. Purchaser shall require the construction contractor to carry at least $1,500,000 in
casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc.
being named in such insurance policy to the extent its interests may appear.
10. Owner desires to access and remove certain trees located within a County
drainage easement, described in Exhibit "E", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Existing Canal Easement");
Owner and Purchaser mutually agree that such trees may be marked, removed
and relocated at Owner's sole expense, provided that any removal and relocation
be completed prior to December 31, 2009, Any trees and planted vegetation
remaining within the Existing Canal Easement after December 31, 2009 shall be
the exclusive property of the Purchaser, without claim of any kind by Owner.
Owner shall indemnify and hold Purchaser harmless from any claim or liability
resulting from Owner's activity in removal of trees and/or planted vegetation from
the Existing Canal Easement.
11, Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of any of Owner's representations under paragraph 6(h), This provision
shall survive Closing and is not deemed satisfied by conveyance of title,
12, Purchaser shall pay all fees to record any curative instruments required to clear
title, all TCE recording fees, and any and all 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 TCE; provided,
however, that any apportionment and distribution of the full compensation amount
in Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration
due to any diminution in the value of its property right, shall be the responsibility of
the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per paragraph 2. In accordance with the
provisions of Section 201,01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, this Easement is being acquired under
threat of condemnation and no stamp tax liability shall accrue to Owner,
13. The term of the TCE shall be 365 days (one year), which term shall commence
upon the recording of a Temporary Construction Easement in the Public Records
of Collier County, In the event that the construction of the public facilities has not
been completed within the initial term of the TCE, Purchaser reserves the right to
record in the Public Records of Collier County a Notice of Time Extension which
shall extend the term of the TCE for one (1) additional year only, Owner shall be
provided with a copy of the recorded Notice of Time Extension,
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EXHIBIT c..
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14. 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 trustee, and/or assignees,
whenever the context so requires or admits,
15,If the Owner holds the property underlying the TCE in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the property underlying the TCE before the
TCE held in such capacity is conveyed to Purchaser, its successors and assigns,
(If the corporation is registered with the Federal Securities Exchange Commission
or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to
the general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes, )
16. Conveyance of the TCE, or any interest in the property underlying the TeE, by the
Owner is contingent upon no other provisions, conditions, or premises other than
those so stated herein; 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, No
modification, amendment or cancellation of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Owner and
Purchaser.
17, Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity,
18, 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 PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, Chairman
EXHIBIT vi c.. II
Page (., c:l-r
AS TO OWNER:
DATED:
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ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not-for-profit
corporation
on
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Witness (Signature)
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William Schmitz, President
JJ tJNfJrt..tJ /VI, HAl2).dw
Name (Print or Type)
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'Witness (Signature)
&e/l/l,l../J 7. 7!E{)'N~/
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
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r;XHIBIT ,c,
f')age ..--, of..::L
EXHIBITS
(PLEASE REFER TO ORIGINAL DOCUMENT)