Parcel 219DAME PROJECT: 51101- LASIP Davis Boulevard Weir
PARCEL No(s): 219DAME
FOLIO No(s): 00400160003
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this jr day of , 2012, by and between DEL MAR
RETAIL CENTER CONDOMINIUM ASSOCIATION, INC., a Florida non-profit
corporation, whose mailing address is do ICV Naples, LLC, 5750 Genesis Court, Suite
130, Frisco, TX 75034 (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 Drainage,
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; 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. 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 County, in a form acceptable to County and
Owner. Said conveyance (Owner's delivery to County of a properly executed
easement instrument) is hereinafter referred to as the "Closing."
3. 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. 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. The County affirms that the work to be performed within the easement area and
the resulting drainage structures do not violate any local law, rule, regulation,
restriction, ordinance, covenant or the like.
6. The easement area will be maintained by the County, its successors and/or
assigns.
7. 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.
8. 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.
9. 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:VIArr/�
BOARD OF COUNTY COMMISSIONERS
kIW1GHT E 3R CK, Clerk COLLIER COUNTY, FLORIDA
p/ / BY i ' -
?A test et' ;.;� �' - _ Clerk FRED W. COYLE, Chairm
4 .*4
AS TO OWNER: DEL MAR RETAIL CENTER
DATED: S-a3-3° CONDOMINIUM ASSOCIATION, INC.,
a Florida non-profit corporation
BY:
Witness (Signature) MARK SELF, D' ector
P£8 £.gs-)
Name (Print or Type)
091241/P-
Witness (Signature
Name (Print or Type)
Last Revised: 04/20/12
CA/ / BY:
Witness (Signatu, DAVID BLOCH, Director
' 1e/ 11/1U/a
Name (Print or Type)
•na ure
\,
Name (Print or Type)
BY: ..��s7/I s�i' "
fitness (Signature) DANIEL PRIME, Director
Jet
Name (Print or Type)
Witness (Signature)
ame (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 04/20/12
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