Parcel 112DE PROJECT: ImmSIP No. 60143 (Eden Gardens)
PARCEL: 112DE
FOLIO No: 00072920008
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 0.A'"' day of , 2018, by and between NICHOLAS
M. GAMEZ, a single man, whose maili g address is 1400 Boxwood Dr., Immokalee, FL
34142-2006, (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 perpetual,
non-exclusive Drainage 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. 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 DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement
to County, in a form acceptable to County and at no cost to the County, unless
otherwise stated herein. Said conveyance (Owner's delivery to County of a properly
executed easement instrument) is hereinafter referred to as the "Closing."
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, 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. Prior to Closing and as
soon after the execution of this Agreement as is possible, Owner shall provide
County 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 County.
3. TIME IS OF THE ESSENCE - 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. CURATIVE INSTRUMENTS AND PROCESSING FEES - 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. 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.
6. ENTIRE AGREEMENT - 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.
7. 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 TOOUNTY:
DATED r \ ;1 1.01
ATTEST - BOARD OF ' •U COM i + ! ERS
CRYSTL K. KINZEL, Cler COLLIER •U - Y, el�
Ate
BY: -
ttest as to ChairmJ' ty le ' ANDY SOLIS, CHAIRMAN
signature only.
AS TO OWNER:
DATED: q 1/G1 07
oft
Witness (Signatur
NICHOLAS M. GAMEZ
Priv, c n
Name (Print or Type)
Witness ('ignature)
Aic (c C1 fl
Name (Print or Type)
Approved as to form and legality:
Assistan ounty Attorney
Last Revised 12/10/2014
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