Agreement w/The Country Club of Naples, Inc.PROJECT: Gordon River Extension Maintenance
FOLIO No(s): 61941800007
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into on this Z9'11,1 day of NDvEm AE4, , 2011, by and between THE
COUNTRY CLUB OF NAPLES, INC., a Florida non - profit corporation, whose mailing
address is 185 Burning Tree Drive, Naples, Florida, 34105 (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, County has requested that Owner convey to the County a perpetual,
non -exclusive drainage, access and maintenance easement over, under, upon and
across the lands described in Exhibit "A" (the lands hereinafter sometimes referred to as
the "Easement," "easement area" or "the Property," which Exhibit "A" is attached hereto
and by reference made a part hereof), as is reasonably needed for the drainage
structures and facilities to be constructed on property owned by others located adjacent
to the Easement area. This easement does not include the right to construct, operate or
maintain drainage structures and facilities including but not limited to canals, ditches,
swales, earthen berms, rip -rap and retaining wall systems, underground pipes, and
various types of water control structures within the easement area; 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
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:
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
Owner shall convey the Easement to County, in acceptable form prepared by
County and at no cost to the County, subject to the reasonable approval of
Owner. Said conveyance (Owner's delivery to County of a properly executed
easement instrument) is hereinafter referred to as the "Closing."
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and /or qualifications encumbering the Easement property, 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.
County shall pay all expenses to obtain said releases, and all recording expenses.
At or prior to Closing, Owner shall provide Purchaser with a copy of any existing
prior title insurance policies. County shall obtain, at its own expense, any updated
title search as may be needed, and shall provide a copy of all updated title reports
to Owner. Owner shall provide such instruments, properly executed, to County on
or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless
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 Easement.
Last Revised: 10107109
5. County shall pay all fees to record any curative instruments required to dear 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.
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. County shall provide Owner at least thirty (30) days written notice prior to
conducting work within the easement granted herein. Such notification shall
include a work plan outlining the work scope, areas, and dates the work is
scheduled to be performed. County shall provide Owner with at least twenty-four
(24) hours notice, if possible, either written or verbal, for emergency repairs that
are necessary to maintain proper operation of the drainage system.
8. County shall make every effort to conduct work within the easement between April
and October, with the exception of emergency repairs. County shall provide
Owner with at least 24 hours notice, if possible, either written or verbal, for
emergency repairs that are necessary within the Easement area. All routine
maintenance or other scheduled work conducted within the easement between
November and March shall be authorized in writing by Owner.
9. Any work within easement areas shall be scheduled and implemented so not to
impede the continuous operation of Owner's golf course during the entire work
period, unless such work is authorized in writing by Owner. At no time shall
County store heavy equipment in the Easement area. All material excavated from
the Easement area shall be removed by County.
10. The property upon which work is to be performed is within a golf course;
therefore, the physical appearance of the drainage structures and facilities affects
the aesthetics of the golf course. Prior to any construction on adjacent property
County shall obtain written approval from Owner of the aesthetic design of the
Proposed drainage structures or facilities. Owner shall not require an aesthetic
design that will add unreasonable costs to a particular structure or facility, and
shall not unreasonably withhold approval of the aesthetic design. County shall
perform any follow -up work required to ensure that the work, as constructed,
conforms to the approved aesthetic design. This paragraph shall not apply to
routine maintenance activities.
11. It is agreed and understood that if at any time County does any work in the
easement area which removes, reduces, or otherwise affects the current visual
screening of Owner's golf course from the neighboring property, County will
replace such screening with materials, plants and trees reasonably acceptable to
Owner. County shall be responsible for landscape maintenance of all easement
areas granted herein so as to properly maintain drainage flows. County shall
remove any chemical pollutants brought to the Easement area, either during or
after construction, caused by flooding or storm. If the channel becomes plugged
or changes its course as a result of storm or flooding, all work to repair it,
including repairs needed within the Easement area shall be paid for by County.
Owner shall not make any modifications within the Easement area that could
affect the drainage system without written approval from County.
12. Each party shall be liable for its own actions and negligence and, to the extent
permitted by law, County shall indemnify, defend and hold harmless Owner
against any actions, claims and damages arising from environmental
contamination caused by County in connection with its construction of proposed
improvements to the Gordon River Extension pertaining to this Agreement, and
Owner shall indemnify, defend and hold harmless County against any actions,
claims and damages arising out of the Owner's negligence in connection with this
Last Revised: 1x/07/09
Agreement. The foregoing indemnification shall not constitute a waiver of
County's sovereign immunity beyond the limits set forth in Florida Statutes,
Section 768.28, nor shall the same be construed to constitute agreement by either
party to indemnify the other party for such other party's negligent acts or
omissions.
13. 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.
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 COUNTY:
DATED`..,iA ( a , Zv l 2
Agri
. 5WIGW E,` 6ROCK, Clerk
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Approved as to form and
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Lest Revised: 10107/09
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,BY:
Fred W. Coyle, Chairman
THE COUNTRY CLUB OF NAPLES, INC.
a Florida non -profit corporation
(Signature)
M/K K I KE NJ -4 L L,
(Print Full Nam)
(Print Corporate Title)
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15' WIDE DRAINAGE EASEMENT
SOUTHEAST CORNER SECTION 15
TOWNSHIP 49 SOUTH, RANGE 25 EAST 15 14
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NOT A SURVEY
DESCRIPTION AND SKE-
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— EAST LINE OF SECTION 15,
TOWNSHIP 49 SOUTH, RANGE 25 EAST
ROYAL POINCIANA GOLF CLUB
PARCEL # 20767010407
15' WADE DRAINAGE
EASEMENT
P.O.B.
15' WIDE DRAINAGE EASEMENT
LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3
ESCRIPTIONr GORDON RIVER DRAINAGE EASEMENT
LIENT: COLLIER COUNTY GOVERNMENT
BY:
WAYNE D. AGNOLI, R.S.M. NO. 5335
SCALE: 1' = 60' DATE- 6 OCT. ?011
DRAWN BY: VA PROJECT NO.: 11 -0094
ACAD NO: 10642 -SD FILE NO: 10642
9 ROYAL POINCIANA GOLF CLUB \dwq \GORDON RIVER DRAINAGE EASEMENT\10642- SD.dwo. 10/11/20119:05:00 AM, v.aomll, 1:60
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LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
DESCRIPTION:
GORDON RIVER DRAINAGE EASEMENT
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COLLIER COUNTY GOVERNMENT
BY:
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SCALE: 1' = 60' DATE, 6 OCT. 2011
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DRAWN BY: VA PROJECT NO.: 11 -0094
ACAD NO: 10642 -SD FILE NO: 10642
9 ROYAL POINCIANA GOLF CLUB \dwq \GORDON RIVER DRAINAGE EASEMENT \10642- SD.dwq, 10/11/20119:06:58 AM, v.acmoli. 1:60
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DESCRIPTION OF DRAINAGE EASEMENT
A 15' WIDE DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF SECTION 15,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST;
THENCE NORTH 02'58'05" WEST ALONG THE EASTERLY LINE OF SAID SECTION 15 A DISTANCE OF
532.52 FEET TO THE POINT OF BEGINNING OF THE 15' WIDE DRAINAGE EAESMENT HEREIN BEING
DESCRIBED;
THENCE CONTINUNING ALONG THE EASTERLY LINE OF SAID SECTION 15 NORTH 02'58'05" WEST A
DISTANCE OF 927.92 FEET;
THENCE LEAVING SAID EASTERLY LINE OF SAID SECTION 15 SOUTH 8701'55" WEST A DISTANCE OF
15.00 FEET:
THENCE SOUTH 02'58'05" EAST A DISTANCE OF 927.92 FEET;
THENCE NORTH 8701'55" EAST A DISTANCE OF 15.00 FEET TO AN INTERSECTION WITH THE
EASTERLY LINE OF SAID SECTION 15 AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN
DESCRIBED.
CONTAINING 13,919 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. P.O.B. = POINT OF BEGINNING.
3. P.O.C. = POINT OF COMMENCEMENT.
4. R.O.W. = RIGHT —OF —WAY.
5. CURVE DIMENSIONS ARE AS FOLLOWS:
A= DELTA, R = RADIUS, A = ARCH, CH = CHORD, AND
CHB = CHORD BEARING.
6. BEARINGS ARE BASED ON THE WESTERLY LINE OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AS BEING NO2'58'05 "W_
NOT A SURVEY
THIS LEGAL DESCRIPTION AND SKE
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LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3
ESCRIPTION: GORDON RIVER DRAINAGE EASEMENT
LIENT: COLLIER COUNTY GOVERNMENT
BY:
WAYNE D. AGNOLI, R.S.M. NO. 5335
SCALE: 1' = 60' DATE: 6 OCT. 2011
DRAWN BY: VA PROJECT NO.; 11-0094
ACAD NO: 10642 -SD FILE N0+ 10642
9 ROYAL POINCIANA GOLF CLUB\dwa \GORDON RIVER DRAINAGE EASEMENT\10642- SD.dwq, 10/11/20119:07:51 AM, v.amoli, 1:60