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Parcel 166DE PROJECT: 50200.2 — Poinciana Village Stormwater PARCEL: 88888-166DE FOLIO: 68140040001 AGREEMENT THIS AGREEMENTopereinaftpfN referred to as the "Agreement") is made and entered into on this I ). day of •, 2021, by and between ALBERTA FERBER, a widow, whose mailing address is 3333 Bolero Way, Naples, Florida 34105 (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 without responsibility for maintenance 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. RESPONSIBILTY FOR MAINTENANCE — County shall have no obligation or responsibility to construct any improvements within the Easement Area. Additionally, County shall have the right, but have no obligation or responsibility to maintain any improvements that are constructed within the Easement area. 3. 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." i�4 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. 4. 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. 5. 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 costs and/or 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 costs and/or processing fees." 6. 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. 7. 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. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. SIGNATURES APPEAR ON FOLLOWING PAGE 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO C UNTY: DATED:NoleflOpe.ril, 202( ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY 1A BY: dtt��ificman' E T OR, Chai rson AS TO OWN R: DATED: dl 3 D-02k atittit ,__7_ 4,, (Sig ature) Witness dr5ACBERTA FERBER ch‹.- 6- Name (Pri Type) Witness(Signature) ke• c, 01-k- "msc-Ck Name (Print or Type) Approved as to form anc legality: \ Jennifer A. Belpedio Assistant County Attorney O .. ,:511t,: . 4f I ovAikd ism,oeg 6/f/TU I 10 JJ 00 AM ROW,by 6•talMv. N EXHIBIT A LOT 53 Page / of_ BLOCK "C. UNIT 2 i REPLAT OF POINCIANA VILLAGE P.B. 10, PC. 85 -.n N 89"59'53- E 111.17' ♦ • LINE : BEARING DISTANCE LI S 00'0000" E • I.jU i9ClJ' N 01'07 55` W . 1i r 4 I • IWS�l1'w w itd.d/' r Q. O rir .* r-n cc o O BLOCK 'C. LNUT 2 I REPEAT Of POINCIANA VILLAGE P B 10, PG. 85 I LOT 51 BLOCK "C. UNIT 2 REPEAT Of POINCIANA VILLAGE P.B. 10. PC. 85 LEGAL DESCRIPTION: THE NORTH 15' OF LOT 52, BLOCK *C. UNIT 2 REPLAT OF POINCIANA VILLAGE, AS RECORDED IN PLAT BOOK 10, AT PAGE 85 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA. tyr,,, 191-E MONT€ . INC CERTIFICATE Or AUTHORIZATION NUMBER LB 1772 -• 4.r 0..•.�eaw,....to,..m. Arm* ..ro.riMInveng.corm,US UY oat 20I106011552 11400 LS5628 r NOMAS M MURPHY STATE OF FLORIDA ' ' SURVEY 3fa: i4 a- 950 Enffi®r. Wow ._ G.N 6!G1/202': Naples, ft, 34110 SKETCH AND LEGAL a- 1 -new Phone: (239) 254-2000 U,L61 NO 7n7• i)16 tiN-Rc€ � !: Florida Certificate ©t LOT 57 BLOCK "C" DRAINAGE EASEMENT ',�« UAW- ,_—T t9-15 Authorization No.1772 INuWIOWN WW1