Parcel 182 (2) FEE
MEMORANDUM
Date:
June 9, 2009
To:
Sonja Stephenson
Property Acquisition Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreements
Parcel 182 (1) Fee, Folio #39155200001 and Parcel 182 (2)
Fee, Folio #39155160002
Enclosed please find one (1) copy of each agreement as referenced above
(Agenda Item #10B), as approved by the Board of County Commissioners
on Tuesday, December 2, 2008.
Should you have any questions, please call me at 252-8411.
Thank you.
Enclosure
PROJECT: 99999 - The Singer Park CPUD
PARCEL No(s): 182 (2) FEE
FOLIO No(s): 39155160002
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this cQ, day of ~ Uk >E! , 2010, by and between
NAN DALAL RANASINGHE and JAY A THI S. RANASINGHE, husband and wife,
whose mailing address is 6600 SW 94th Court, Miami, FL 33173 (hereinafter
collectively referred to as "Owner"), and 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, Owner applied for commercial rezoning of Tract 128, Golden Gate
Estates Unit No. 47 (according to the plat thereof, recorded in Plat Book 7, Page 32 of
the public records of Collier County, Florida), which application was approved via Collier
County Ordinance No. 2009-25; and
WHEREAS, Owner agreed to certain Developer Commitments in connection with
said rezone approval, including the Owner's commitment to convey to County, at no
cost to County, a fee simple estate in that portion of Tract 128 presently encumbered by
a 50 foot right- of-way easement, plus fifty feet (50') of additional right-of-way for
Everglades Boulevard, in fee simple, along the entire frontage of Tract 128, within 180
days of approval of the "Singer Park CPUD"; and
WHEREAS, County has requested that Owner convey to County a Fee Simple
Estate over, under, upon and across the East 100 feet of the North 180 feet of Tract
128, Golden Gate Estates Unit No. 47, according to the plat thereof, recorded in Plat
Book 7, Page 32, of the public records of Collier County, Florida (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 Warranty Deed) 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. At or prior to
Closing, Owner shall provide Purchaser with a copy of any existing prior title
insurance policies. Owner shall provide such instruments, properly executed, to
County on or before the date of Closing.
'.
'4. This Agreement shall be null and void, and of no further force or effect, unless
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 shall pay all fees to record any curative instruments required to clear title,
and all Warranty Deed recording fees. In addition, Owner shall pay all 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 Property.
6. 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. 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.
8. 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 TO PURCHASER:
DATED: b-/X -9010
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, Chalrm
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Witness (Signature)
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Name (Print or Type)
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NANDALAL RANASINGHE
Last Revised: 8/20108
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Witness' (Signature)
17u~;ey SCinder-.S
Name (Print or Type)
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Witness (Signature)
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Name (Print or Type)
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JAYANTHI~NASINGHE
Last Revised: 2/1/07
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Last Revised: 8/20108