Okaloosa County BOCC — January 5, 2016 — The Gulf Agreement — reading text

WEST, FOR A DISTANCE OF 81.78 FEET); THENCE LEAVING SAID RIGHT OF WAY LINE, PROCEED NORTH 10 DEGREES 36 MINUTES 00 SECONDS WEST, FOR A DISTANCE OF 25.03 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF MARLER DRIVE, AND BEING A POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 12 DEGREES 17 MINUTES 52 SECONDS; THENCE PROCEED EASTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND CURVE FOR AN ARC DISTANCE OF 16.10 FEET, (CHORD BEARING AND DISTANCE = NORTH 85 DEGREES 02 MINUTES 29 SECONDS EAST, FOR A DISTANCE OF 16.07 FEET); THENCE LEAVING SAID RIGHT OF WAY LINE, PROCEED NORTH 11 DEGREES 10 MINUTES 23 SECONDS WEST, FOR A DISTANCE OF 129.76 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 78 DEGREES 29 MINUTES 42 SECONDS WEST, FOR A DISTANCE OF 63.02 FEET; THENCE SOUTH 75 DEGREES 05 MINUTES 25 SECONDS WEST, FOR A DISTANCE OF 31.31 FEET; THENCE SOUTH 87 DEGREES 22 MINUTES 11 SECONDS WEST, FOR A DISTANCE OF 28.94 FEET, THENCE SOUTH 87 DEGREES 23 MINUTES 16 SECONDS WEST, FOR A DISTANCE OF 38.26 FEET; THENCE SOUTH 86 DEGREES 49 MINUTES 56 SECONDS WEST, FOR A DISTANCE OF 35.31 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 30 SECONDS WEST, FOR A DISTANCE OF 36.18 FEET; THENCE SOUTH 86 DEGREES 28 MINUTES 41 SECONDS WEST, FOR A DISTANCE OF 56.87 FEET; THENCE SOUTH 87 DEGREES 10 MINUTES 38 SECONDS WEST, FOR A DISTANCE OF 37.73 FEET; THENCE SOUTH 86 DEGREES 30 MINUTES 22 SECONDS WEST, FOR A DISTANCE OF 28.60 FEET; THENCE SOUTH 80 DEGREES 57 MINUTES 48 SECONDS WEST, FOR A DISTANCE OF 26.11 FEET; THENCE SOUTH 80 DEGREES 56 MINUTES 15 SECONDS WEST, FOR A DISTANCE OF 59.32 FEET; THENCE SOUTH 81 DEGREES 12 MINUTES 08 SECONDS WEST, FOR A DISTANCE OF 26.68 FEET TO A POINT ON THE WEST LINE OF LOT 25, BLOCK 12, PLAT OF SANTA ROSA ISLAND; THENCE NORTH 11 DEGREES 10 MINUTES 23 SECONDS WEST, ON SAID WEST LINE, FOR A DISTANCE OF 10.01 FEET; THENCE LEAVING SAID WEST LINE, PROCEED NORTH 81 DEGREES 12 MINUTES 08 SECONDS EAST, FOR A DISTANCE OF 27.07 FEET; THENCE NORTH 80 DEGREES 56 MINUTES 15 SECONDS EAST, FOR A DISTANCE OF 59.30 FEET, THENCE NORTH 80 DEGREES 57 MINUTES 48 SECONDS EAST, FOR A DISTANCE OF 26.59 FEET; THENCE NORTH 86 DEGREES 30 MINUTES 22 SECONDS EAST, FOR A DISTANCE OF 29.15 FEET; THENCE NORTH 87 DEGREES 10 MINUTES 38 SECONDS EAST, FOR A DISTANCE OF 37.73 FEET; THENCE NORTH 86 DEGREES 28 MINUTES 41 SECONDS EAST, FOR A DISTANCE OF 56.89 FEET; THENCE NORTH 87 DEGREES 30 MINUTES 30 SECONDS EAST, FOR A DISTANCE OF 36.21 FEET; THENCE NORTH 86 DEGREES 49 MINUTES 56 SECONDS EAST, FOR A DISTANCE OF 35.30 FEET; THENCE NORTH 87 DEGREES 23 MINUTES 16 SECONDS EAST, FOR A DISTANCE OF 38.30 FEET; THENCE NORTH 87 DEGREES 22 MINUTES 11 SECONDS EAST, FOR A DISTANCE OF 27.86 FEET; THENCE NORTH 75 DEGREES 05 MINUTES 25 SECONDS EAST, FOR A DISTANCE OF 30.54 FEET; THENCE NORTH 78 DEGREES 29 MINUTES 42 SECONDS EAST, FOR A DISTANCE OF 63.38 FEET; THENCE SOUTH 11 DEGREES 10 MINUTES 23 SECONDS EAST, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.108 ACRES, MORE OR LESS. b. Pay to County the sum of ONE HUNDRED TEN THOUSAND AND NO/100 ($110,000.00) DOLLARS. 3. The Developer seeks to perform certain due diligence activities related to its ability to obtain all necessary permits, licenses, exceptions and permitted uses which the Developer contemplates are necessary for the development of the Property. The Developer shall have sixty (60) days to perform this due diligence from the date of this Agreement is executed. During the due diligence period, no action will be taken by the County on the Petition to vacate the portion of Marler Drive. Prior to the expiration of the sixty (60) day due diligence period, the Developer will notify the County, in writing, as to whether it desires to proceed with the Petition to vacate. If the Developer notifies the County that it desires to proceed with the Petition to vacate, then that matter will be scheduled before the Board of County Commissioners for a public hearing, after public notice at the Developers expense and the terms of this Agreement shall be in full force and effect. Should the Developer not notify the County within the sixty (60) day due diligence period or notify the County that it does not desire to proceed with the Petition to vacate, then this Agreement shall be null and void. NOW THEREFORE, the parties hereto, FWGV, LLC and the Board of County Commissioners of Okaloosa County, Florida, in consideration of the mutual promises set forth herein, affixed their hands and seals to this Agreement on this the L[ day of Hovem é(/ 2015. FWGV, LLC By: SHAUL ZISLIN, Authorized Member Date: //‘A/’ /S STATE OF FLORIDA ) COUNTY OF BYowary ) Before me, the undersigned authority, personally appeared SHAUL ZISLIN, authorized member for FWGYV, LLC whom provided identification/ or to me well known and known to me to be the person described in and who executed the foregoing document and acknowledged to and before me that he has the full authority to execute and did execute said instrument in the capacity and for the purposes therein expressed. WITNESS my hand and official seal this 0 day of NOWVIMbRY 2015, A — NOTARY PUBLIC My Commission Expires: l’LI BY! h 7 LAUREN WEEKS .5 Notary Public - State of Florida My Comm. €xpires Dec 30, 2018 Commission # FF 157518 ATTEST: J. D. Peacock, I1 CLERK OF THE CIRCUIT COURT By: Gary J. Stanford, Deputy Clerk of Circuit Court Okaloosa County, Florida 10 BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA By: Nathan D. Boyles, Chairman Date: