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Parcel 313PROJECT: Golden Gate Boulevard PARCEL NO: 313 FOLIO: 37112640004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') Is made and entered into by and between RICHARD C. FORD, a single man, (hereinafter referred to as "Owner'), and COLUER COUNTY, a political subdivision of the State of Flodda, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A' (said easement hereinafter referred to as the 'Property"). which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to corrvey the Property 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 Property; 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: 5o Owner shall convey the Property to Purchaser for the sum of $500.00, payable by County Warrant (said transaction hereinafter referred to the 'Closing'). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. Purchaser may Install drop curbing (for a ddveway entrance onh/), when appropriate, at a location that is mutually acceptable to the parties. However. if the parties are unable to agree upon a mutually acceptable location, then the Purchaser shall have the dght to install said drop curbing where Purchaser deems appropriate. Prior to Closing. Owner 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, Flodda. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of closing. This Agreemenl sha~l be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral dght to extend the term of this Agreement pending receipt of all propedy executed instruments affecting Purchaser's enjoyment of the Properties. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises olher than those so staled above; and the wdtten Agreement. including all exhibits attached hereto, shall constitute Ihe entire Agreement and understanding of the parties, and there are no other prior or contemporaneous whiten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer' to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the Purchaser;, that the Owner has no knowledge of any spill or environmental law violation oft any property contiguous to or in the vicinity of the Property to be ~:~ld to the Purchaser, that the Owner has not received notice and olhen,vtse has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceedlrtg or Investigation regarding the generation, storage, treatment, spill or transfer of hazardous substance~ on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of rifle. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, law~, co~t~ arid expenses (including without limitation reasonable paralegal and attorney fees and expense~ whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penaltlee or fines incurred by or asserted against the Purchaser by mason or adsing out of the breech of Ownel'm representation under Section 6. This provision shall survive Closing and is not deemed ~ by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance Instrument In the Public Reco~-~s of Collier County, Flodda. The cost of a title commitment shall be paid by the Purchaser. All other costs Easement Agreement Page 2 associated with this transaction Including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be berne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with lhe secudng and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) reccrded against the Property from the mortgagee(s). 9. 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. 10. If the Ov~er holds the Property in lhe 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 benefidal interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporatJon is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general pubrm, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. ESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of Date Property acquisition approved by BCC: 4/28/98 16(B~1 Res. 98-107 Date Property condemnation approved by BCC: 6/2?_/99 8(B!7 Res. No. 99-2~ AS TO PURCHASER: DATED: ,ATI'EST: ~ DWIGHT E. BROCK. Clerk l~blst.., ' ' ' DATED: /0- ~1- c/,~ BOARD O F~H~3~"'~"~ S SION E RS W'~ess (Signature) .~, ~nt or T~:~) Name: ./,~/~/7~.~/.J (PHnt or T~) Richard C. Ford, a single ma-ri ' Address: 764 Michael Dr~,e Key Largo, FL 33037 Approved as to form and legal suffidency: obert Zacha~ "~' Assistant Counly Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 313 (NOT A ,SURVEY) The North 15 feet of the South 65 feet of the West One Half (1/2) of Tract 37, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. N -- 1 S FOOT DRAII'~GE, UTIL.ITy ~ I~Sr~] R~W tJ~ i ~C) ~ EASEI~.HT