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Parcel 804 PROJECT: 14th Street Project PARCEL No(s): 804 FOLIO No(s): 64262360003 AGREEMENT THIS AGRf!iMfiNT (her 'naft rred to as the "Agreement") is made and entered into on this ----/.-Vday of , 2006, by and between GEORGE W. and LORRAINE V. McKAY, husb nd and wife, whose mailing address is 3730 14th Street, North, Naples, Florida 34103-3812 (hereinafter referred to as "Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Drainage and Utility Easement 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; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property 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 Property 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 Property 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." 3. 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, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. 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 County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any -- ---- \~ ~ ~~ I ( I ~', Agreement Page 2 existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. County shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any compensation, costs and/or fees required to secure and record releases or satisfactions, shall be the responsibility of the Owner. 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. Conveyance of the Property 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. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: q . JZ.. () (p "~ .-" f ~ ,"", ,'5 ATTEST: "DWIGHT ,E. BROCK, Clerk I' h..A'. ~oc~ '-' J /. i; .. c:iir.~.aerk IttNtwt 011..,. '-__n.____ ~~ ~ Agreement AS TO OWNER: WIT~::: ~ Witness (Signature) AS TO OWNER: WITNE::ES: Q-.- Witn~s (Signature) ~'-. C~.erW\- Approved as to form and legal sufficiency: ~V~ ....e1len T. Chadwell Assistant County Attorney Page 3 J/ GEORGE W. McKAY ~)W,~ 3730 14TH Street, North Naples, Florida 34103-3812 / v LORRAINE V. McKAY v ~~~ j/. '?Jjt. k(j. 3730 14th Street, North / Naples, Florida 34102 v 1// ---- ~'! ~ -, " '),', '\ ----.. l- :c<( I--.J 0:::D- 00::: Zw 1-0.. Ww w:::> o:::z I-w (f)> :c<( 1-0 :!o::: I"") '-" NOT VALID UNLESS SIGNED AND SEALED 19TI'H THE EMBOSSED SEAL OF A PROFESSIONAL l1TLE: SKETCH AND DESCRIPl'ION 14TH STREET OUTFALL DlPROVEMENTS PARCEL "4" COWER COUNTY STOlUlWATER MANAGEMENT DEPT. GENERAL NOTES' PfD. ft M OQICIlCD Irr': JOO( CHEacm ...... MONlONTM. llCN.E: ""-""'" D"~ IOtl'J.S/lIIII PIWWCr No. 41" .A"" l' - 50' N,A. 05039 PREP DATE -' P I'~ ,! DANIEL J REGAH. PS PROFESSIONAL SURVEYOR AND MAPPER FL, REG 6331 BOARD OF COLLIER COUNTY COMMISSIONERS TRANSPORTATION SERVICES DIVISION ROAD MAINTENANCE DEPARTMENT S8e6 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA, 34104 (941) 869-15791 SHEET: -.---- 10/03/2005 '1 ',,) ~ '.~ ..""