Folio #00127440006 - CLL andThe District School Board of CLL (Agreement) PROJECT: lmmokalee Community Park
FOLIO No(s): 00127440006
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this Date day of Jr,NvP , 200C, , by and between COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335
East Tamiami Trail, Suite 102, Naples, Florida 34112 (hereinafter referred to as
"County"), and THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA,
whose mailing address is 5775 Osceola Trail, Naples, FL 34109 (hereinafter referred to
as "District").
WITNESSETH:
WHEREAS, District has requested that County convey to the District a Fee Simple
Estate over, under. upon and across the lands described in Exhibit "A" (hereinafter
referred to as the "Property"), which is attached hereto and made a part of this Agreement;
and
WHEREAS, County recognizes the benefit to County and desires to convey the
Property to the District 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 District.
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. CLOSING AND CLEAR TITLE - County shall convey the Property to District, in a
form acceptable to District and at no cost to the District, unless otherwise stated
herein. Said conveyance (County's delivery to District of a properly executed
Special Warranty Deed) is hereinafter referred to as the "Closing."
County shall transfer ownership of the Property to the District in accordance with
this Agreement. Prior to Closing, the Parties shall cooperate in conducting a joint
inspection of the Property. Such inspection may include surveying, environmental
or as may be mutually agreed by the Parties. The County agrees to provide and
document any encumbrances, and any environmental conditions associated with
the Property within 30 days of the Effective Date. The School Board's acceptance
of the transfer of ownership of the Property shall be subject to verification that there
are no unacceptable encumbrances or environmental conditions.
County 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. Prior to Closing and as soon after
the execution of this Agreement as is possible, County shall provide District 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 District.
3. TIME IS OF THE ESSENCE - Both County and District 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 District'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. District shall be entitled to full possession of the Property at Closing.
4. LOT SPLIT APPLICATION AND LEGAL CONSIDERATION — County shall be
responsible for initiating and completing, prior to Closing, any lot split application
process required to facilitate the conveyance and lease contemplated by this
Agreement. County shall bear all costs and fees associated with such application,
including any required surveys, filings, or administrative expenses. The legal
description resulting from the approved application shall be used in both the Special
Warranty Deed conveying the Property to the District and the Lease executed in
accordance with this Agreement.
5. LEASE BACK TO THE COUNTY BY THE DISTRICT—As additional consideration
for conveyance of the Property contemplated hereby, the Parties agree and
acknowledge that County shall lease the Property to be located thereon from
District. At Closing, County as a tenant, shall enter into the Lease with the District
as landlord, with respect to the Property, in form and substance attached hereto
and incorporated herein by reference as Exhibit "B" (the "Lease") for sports fields
as further described in the Interlocal Agreement for Lease of Sports Fields(Lease").
6. CURATIVE INSTRUMENTS AND PROCESSING FEES - District shall pay all fees
to record any curative instruments required to clear title, and all Special Warranty
Deed recording fees. In addition, District may elect to pay reasonable processing
fees required by mortgagees, if any, 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 Property. District shall have sole discretion as
to what constitutes "reasonable processing fees."
7. 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.
8. ENTIRE AGREEMENT- Conveyance of the Property by County 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. VENUE - 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: 112 7/2
ATTEST: ' '"`'''fa BOARD OF COUNTY COMMISSIONERS
CRYSTA.. ISL NZEE;Clerk of the COLLIER COUNTY, FLORIDA
Circuit:Co • Comptraller
BY: BY:
Deer DAN KOWAL
Attesj s•tochai rq 1s Chairman
si t:.atUre4otl
Approve to form and legality:
S l l k a r
Assistant County Attorney (w�
\\V'
l
AS TO DISTRICT:
DATED: .tit`
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By: laed Z trL��G-STENIE LUCARELLI
School Board Chair
Attest: l,cA, r? Gr. �C�
Leslie Ricciardelli, Superintendent
Approved as to form and legal sufficiency:
By:
Robert Meyers, School Board Attorney
EXHIBIT A
Commencing at the northeast corner of Section 4,Township 47 South,Range 29 East,Collier
County, Florida; thence along the east line of said Section 4, South 0° 58' 00" East. 679.60
feet;thence South 89° 17'55"West,40.00 feet to the POINT OF BEGINNING of the parcel of
land hereinafter described; thence South 0° 58' 00" East, and parallel with the east line of
said Section 4, a distance of 648.01 feet to the intersection of the north right-of-way line of
Roberts Avenue and the west right-of-way line of First Street; thence along the north right-
of-way line of said Roberts Avenue,South 89°26 35"West, 1773.00 feet;thence North 1°41'
33"West, 492.68 feet; thence North 88° 19' 17" East, 1158.40 feet; thence North 0° 54' 56"
West, 131.05 feet; thence North 89° 17' 00" East, 620.77 feet to the POINT OF BEGINNING
of the parcel herein described; Subject to easement and restrictions of record. Containing
22.589 acres.
1160,-Iffr, ' I
• •
S• SW.1f f AIWA r
ii
{ f
*IP go
:it All I 1311:4 P.:1110111M .; -I 4.4'41 "1116 ,
EXHIBIT B
Current Facilities
Ballfield Facilities- Located in shaded area.
1. Two softball fields
2. One baseball field
3. Irrigation system
4. Scoreboards
5. Sidewalks
6. Part of the Parking lot on Roberts Avenue
7. Lights
8. Baseball dugout-480 square-feet
9. Softball dugout- 320 square-feet
10.Concession stand and restrooms-5,084 square-feet with the exception of the
second floor used for County storage
11.Bleachers
12. Batters boxes
13.Pitching cages
' •' ' 'n
j $H taQ N� 1r r11r
4 .
440
� rrc-«J. f Uk
slag=f.11�.l.,. .�-� •--"l�'. 'ia''
,t J �