Parcel 166
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INDEMNITY AGREEMENT
This Indemnity Agreement dated the ~ day of -.tJ0Iem.4tr ,20 10 is
made and entered into by and amongst the following parties:
Collier County, a political subdivision of the State of Florida, whose address is
3299 Tamiami Trail East, clo The Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as "County")
and
LAZARO ALVAREZ FEBLES alkla Lazaro Alvarez and MARGARITA VAZQUEZ
alkla Margarita Alvarez (hereinafter referred to as "Alvarez")
and
MARLENE M, NAPIOR and ROBERT S, NAPIOR (hereinafter referred to as
"Napior") (Alvarez and Napior hereinafter collectively referred to as "Interested Parties"),
WHEREAS, in March 2005, the Interested Parties executed an Addendum to a
Sales Contract (referred to as "the Addendum") regarding certain real property located
in Naples, Collier County, Florida and more particularly described as:
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The South 180 feet of Tract 109, Golden Gate Estates, Unit No, 31, in
accordance with and subject to the Plat recorded in Plat Book 7, Page 59,
Public Records of Collier County, Florida, alkla 5675 Westport Lane and
further identified by Folio #38229240008 (the "Relinquished Property")
which Addendum states, in part, that Alvarez ", , , will retain all condemnation rights"
and ", . , will receive all the proceeds resulting from the condemnation for 5675 Westport
Lane," A copy of said Addendum is attached as Exhibit "A" to that certain Notice of
Interest in Condemnation Proceeds recorded at OR Book 4445, Page 2945, Public
Records of Collier County, Florida (Addendum and said Notice hereinafter collectively
referred to as "the Addendum" both of which are attached as Exhibit "A" to this
Indemnity Agreement); and
WHEREAS, pursuant to an Easement Agreement dated September 14, 2010
(hereinafter referred to as "the Agreement"), Seller (Napior) has agreed to convey to
County a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement
over, under, upon and across a portion of the Relinquished Property, and being more
particularly described as:
The West 54 feet of the East 107 feet of the North 150 feet of the South
180 feet of Tract 109, Golden Gates Estates Unit 31, according to the Plat
recorded in Plat Book 7, Page 59, Public Records of Collier County,
Florida (hereinafter referred to as "the Easement"); and
WHEREAS, paragraph 9 of the Agreement states, in part, that"", any
apportionment and distribution of the full compensation amount,., which may be
required by any mortgagee. , , for the protection of its security interest. . , shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner..."; and
WHEREAS, Interested Parties are agreeable to County's disbursement of
Seller's net proceeds from sale of the Easement to the Bella y, Patel Trust Account.
NOW THEREFORE, for good and valuable consideration, County and Interested
Parties agree as follows:
; . '"'!o, 4
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, This Indemnity Agreement is entered into among the parties in order to
encourage County to purchase the Easement, and to induce Old Republic
National Title Insurance Company of Naples, Florida (Old Republic) to issue a
policy for title insurance on the Easement (if title insurance is to be issued),
Interested Parties agree to protect, defend, indemnify and hold harmless
County (and Old Republic, if title insurance is to be issued) with respect to
any losses, claims, damages, liabilities or related expenses including but not
limited to reasonable attorney's fees and expenses arising out of any claim by
either of the Interested Parties to the proceeds of the sale of the Easement to
County pursuant to any contractual obligations between Interested Parties,
including but not limited to the Addendum,
3, The parties hereto acknowledge that County's duties and obiigations are
limited to those expressly set forth in the Easement Agreement and it is
understood and acknowledged that by entry into this Agreement, County
assumes no further obligations or liabilities other than those assumed by
entry into that certain Easement Agreement between County and Napior
dated September 14, 2010,
4, This Indemnity Agreement inures to the benefit of and binds all the parties
hereto, their heirs, legal representatives, successors, transferees and
assigns, and may be executed in one or more counterparts, all of which
together shall constitute one agreement.
5, This Indemnity Agreement, together with the Easement Agreement identified
above, constitutes the entire agreement between County and Interested
Parties, and it may be modified or amended only in writing and is not intended
to confer upon any person or entity other than County (and Old Republic if
title insurance is to be issued) any rights or remedies,
6, This Indemnity Agreement shall be governed by the laws of the State of
Florida,
IN WITNESS WHEREOF, the parties hereto have executed this Indemnity Agreement
as of the Date first written above.
AS TO COUNTY:
DA TED:Jl...:Jo . .2010
ATTEST:
DWIGHT E. BROCK, CI~rl<
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,
BY NW. ~
FRED W. COYLE, Chairman
" ., .
AS TO NAPIOR:
WITNESSES:
~
7J~~7r}-il~
M LENE M, NAPIOR r --
(Signatur
~U\,ll~~
Print Name)
-~~
(Signatur
ShleL~~
(:"?~":1"(4 j/
(Signature)'
G-uJJ' 4~~!;.
(Print Name)
~J~~
ROBERT S, NAPIOR
&.legal ~
AS TO ALVAREZ:
WITNESSES:
(Signature)
MARGARITA ALVAREZ
MARGARITA VAZQUEZ
(Print Name)
(Signature)
(Print Name)
(Signature)
LAZARO ALVAREZ
a/kla LAZARO ALVAREZ FEBLES
.
.
~.
AS TO NAPIOR:
WITNESSES:
(Signature)
(Print Name)
(Signature)
(Print Name)
(Signature)
(Print Name)
AS TO ALVAREZ:
W:NE)S~{/L
~ture)f
I
alkla
~chti5~ JL
ROBERT S, NAPIOR
ill!
a/kla LAZARO ALVAREZ FEBLES
"--
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4286023 OR: 4445 PG: 2945
RBCORDBD lD OPlICIAL RJCOIDS of COLLIII COUNTY, PL
01/21/2009 at 11:11AN DWIGHT i. BIOCI, CLIII
DC 'II 35.50
This instrument Prepared by and return to:
Richard L Weldon, II, Esquire
WEWON & ROTHMAN, PL
7935 Airport Pulling Rd N, Suite 205
Naples, FL 34109
keto:
WILDON , ROTHMAN PL
1935 AIRPORT PULLING RD N '205
NAPLIS PL 31109 1117
Property Appraisers Parcel Identification Number:
38229240008
NOTICE OF INTEREST IN CONDEMNATION PROCEEDS
Before me the undersigned authority, personally appeared lAZARO ALVAREZ and
MARGARITA ALVAREZ, who being duly sworn, deposes, and states as follows:
1. Our names are IAZARO ALVAREZ and MARGARITA ALVAREZ,
respectively, and we are both over the age of 18 years.
2. The facts in this Notice are based upon our personal knowledge.
3. We were the prior owners of the real property located at 5675 Westport Lane,
Naples, Florida 34116, with the legal description of:
THE SOUTH 180 FEET OF TRACf 109, GOLDEN GATE ESTATES, UNIT
NO. 31, IN ACCORDANCE WITH AND SUBJECf TO THE PLAT
RECORDED IN PLAT BOOK 7, PAGE 59, PUBUC RECORDS OF COWER
COUNTY, FLORIDA.
4. On or about March 11,2005, as part of our agreement to sell the above property to
Marlene M. Napior, the parties agreed to an Addendum to the Sales Contract that provided for
us, Seller, to "REfAIN AlL CONDEMNATION RIGHTS FOR THE PROPERTY WCATED
AT 5675 WESTPORT LN. SELLER WILL RECEIVE ALL THE PROCEEDS RESULTING
FROM THE CONDEMNATION FOR 5675 WESTPORT LN." See attached Addendum to
Sales Contract, which has been attached as Exhibit 'A' to this Notice.
5. The undersigned are entitled to receipt of any condemnation proceeds awarded as
a result of any proceedings against the above referenced property.
Page 1 of2
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OR: 4445 PG: 2946
~
IAZARO ALVAREZ
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY, that on this day, before me, an officer duly auth d County
aforesaid to take acknowledgments, personally appeared LAZARO ALVAREZ 0 me known to be the perso
described in or who has provided the following form(s) of identification 0 a ve
named person and who executed the foregoing Notice of Interest in Condemnation Proceeds.
WITNESS my hand and official seal in the County and State last aforesaid this 11lh day of April. 2009.
(SEAL)
/!t&~~:~~___'?ICHA. RD '- W. ELDON, II
:~ :': :.< '. '\;~~I:~SION # 00662154
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Notary Signature
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Printed Notary Signature
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STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared MARGARITA ALVAREZ.@" me known to be t~e pe~
described in or who has provided the following form(s) of identification 01 eave
named person and who executed the foregoing Notice of Interest in Condemnation Proceeds.
Wfl'NESS my hand and official seal in the County and State last aforesaid this 17th day of April, 2009.
:-;.~'Y..~~'_ q:CH.A.RD L WELDON,II
:.:'A ;": 'V;" - .;, !'~I~,SION # 00662154
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(SEAL)
Page 2of2
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lJB I ADDENDUM TO SALES CONTRACT llir I
BeM1Ien: AI. V AR.EZ
MAIU.ENE NAPIOR
rSElLER1. and
rBUYER;
For the purchase of the following described real property ,Property;:
5675 WESTPORT LN.
NAPLES, FL 34116
8.B. Other Terms and Conditions:
COWER COUNTY OOVERNMENTHAS EXPRESSED TIlE INTENT TO REDESIGNIREMODEL SANTA BARBARA BLVD.
SBLlJDtS HAVE BEEN M.11U'WU. DUE TO 'mE PROPOSED CHANGES, COLLIER COUNTY WILL BE CONDEMlNO A
POR.11ON OF nIB PR.OPERTY FACING SANI'A BARBARA LOCATIID AT 5675 WESTPORT LN. SELLERS ARE BEING
RBPRESBNTBD BY ATIORNEY BELLA Y. PATEL, P.A. THROUGH nIB CONDEMNATION PROCEEDINGS.
SELLER WIlL RETAIN ALL CONDEMNATION RIGIITS FOR nIB PROPERTY LOCATED AT S67S WESTPORT LN.
SELLER. WILL RECEIVE ALL nIB PROCEEDS RESULTING FROM 11iE CONDEMNATION FOR S67S WESTPORT LN.
THE BUYER. WILL CONTINUE TO unLlZE BELLA y, PATEL, P.A. AS TIIEIR CONDEMNATION AlTORNEY IN 11IE
EVENT TIlE PROPERTY LOCATED AT 5675 WESTPORT IS SOLD AND CLOSED BEFORE TIm CONDEMNATION IS
EXECUTED BY COLLIER COUNTY.
(SeIIe(s Signature)
(Date)
(Buyer's Signature)
(Daea)
(SelWa Pmted Name)
(8uyer's Printed Name)
(SeIer's Signature)
(Date)
(Buyer's Signature)
(Dale)
(Seller's Printed Name)
(Buyer's Printed Name)
Cl2OO2 HIr*s AnIe Bo.d 01 REALTORSe n AsIociIb rI R8II EslIIil ~ Inc. II Rlghll ~ (800 3/21nCl112l
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A RESOLUTION AUfHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
RIGHT-OF-WAY AND STORMWATER RETENTION AND TREATMENT POND SITES
IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-
OF-W A Y, DRAINAGE AND/OR UTILITY EASEMENTS, AND TEMPORARY
DRIVEW A Y RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCI'lON
EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA
BARBARA BOULEVARD PROJECf FROM DAVIS BOULEVARD TO PINE RlDOE
ROAD (pROJECfNO. 62081).
RESOLUTION NO. 2002. J.liL
WHEREAS, due to continually increasing traffic volumes on Santa Barbara Boulevard, and
due to the pending six-Ianing of Golden Gate Parkway, and due to the new interchange soon to be
constructed by the Florida Department of Transportation at the intersection of Interstate 1-75 and
Golden Gate Parkway, it is now necessary and it is in the best interests of the citizens of Collier
County to expand the capacity of Santa Barbara Boulevard between Davis Boulevard and north of Pine
Ridge Road (the "Project"); and
WHEREAS, in October 1999, after review of the AUIR (Annual Update and Inventory
Repo~t), the expansion of Santa Barbara Boulevard from four lanes to six lancs between Davis
Boulevard and Pine Ridge Road was added to the Capital Improvement Element by the Board of
County Commissioners; and
WHEREAS, on September 12,2000, the Board of County Commissioners approved a
negotiated contract for professional engineering services with the firm of WilsonMilIer, Inc., for the
design of six-laning improvements to Santa Barbara Boulevard / Logan Boulevard from south of
Radio Road I C.R. 856 to north of Pine Ridge Road / C.R. 896, Project No. 6208 I (Cm No. 56), on
February 13,2001 the Board of County Commissioners approved Amendment Number One to extend
the project limits from south of Radio Road I C.R. 856 to Davis BoulevardlS,R. 84; and
WHEREAS. WilsonMilIer, Inc., has produced a 60% design plan which shows the need for
additional right-of-way as depicted on Exhibit "A;" and
WHEREAS, the construction of the transportation improvements and related facilities
currently being designed by WilsonMiller, Inc. along the project conidor, as depicted on Exhibit "A."
are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and
will assist Colller County in meeting certain concurrency requirements of the Growth Management
Plan for Collier County.
. ~
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COllIER COUNTY, FLORIDA, that:
1. The Board hils determined that the 'expansion or modification of Santa Barbara Boulevard from
Davis Boulevard to north of Pine Ridge Road is necessary and is in the best interest of Collier County.
2. The construction and maintenance of the transportation improvements and related facilities,
such as stormwater retention ponds, is compatible with the long range planning goals and objectives of
the Growth Management Plan for Collier County.
3. It is necessary and in the best interest of Collicr County for the Board to acquire fee simplc
parcels, as well as perpetual, non-exclusive road right-of-way, drainage and/or utility easements, and
temporary construction easements, and temporary driveway restoration easements within the projeCt
corridor identified on Exhibit" A;" and County Staff is hereby authorized and directed to acquire said
right-of-way, stormwater retention pond sites, and associated easement intcrests by gift or purchase.
4. The Board hereby directs staff to use independent appraisal reports or internal compensation
estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby
formally waives the requirement for a formal, independent appraisal report for the purchase of a
property where the purchase price is less than One Hundred Thousand and 00/100 Dollars
($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase
offers for the properties, the dollar amounts of which shall be predicated on "staff compensation
estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties
and upon consideration and application of appropriate market value and cost data pertinent to the
subject parcels.
I. The Board hereby authorizes its present Chairman and any subsequent cHairman, for the lifc of
the Project, to execute any instruments which have been approved by the Office of the County
Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required
for the acquisition of property rights necessary for the construction of the Project.
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7. In those instances where negotiated settlements are obtained via the "Purchase Agreement" or
"Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project
Manager of his designation, is hereby delegated the authority to approve the purchase of property
rights above the staff compensation estimate or appraised value, and pay normally related costs, when
it is in the best interest of the Project, and when the difference between the proposed negotiated
settlement amount (purchase price) and compensation estimate (or the appraised value) is less than
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