Parcel 207DE
PROJECT: MISC. 99999
PARCEL: 207DE
FOLIO NO: 38912640009
AGREEMENT
T~IS AGRE~MENT, (hereinafter r~e~~ed ~ ~s the "Agreement") is made and
entered Into on this t7+/1....- day of It't Lt:' Jj))Cr , 20~, by and between
ENTRUST IRA SOUTHWEST FLORIDA, llC, a Florida limited liability company
(f/kla TAX FREE STRATEGIES, llC, a Florida limited liability company), as
Trustee for Barry J. Kotek, IRA, whose mailing address is 4560 Via Royale #1, Fort
Myers, Florida 33919 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, 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 (to have County forces enter
upon the Easement and clear vegetation and debris from the ditch that presently exists
within the Easement area) and Owner desires to convey the Easement to the County
for this purpose.
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 execute and deliver a "Drainage Easement" instrument to County,
which shall be recorded in the public records of Collier County, Florida, at
County's sole cost and expense.
3. In exchange for the Owner's grant of Easement, County shall enter upon the
Easement area and cut and clear vegetation and debris from the existing ditch.
4. 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.
5. 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.
6. 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 COUNTY: .
DATED:.-1JJ l:'/.2-t- J {
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BOARD OF COUNTY COMMISSIONERS
COLLIER ~N-ry, FLORIDA
BY: :f1-..o.JL W. ~
FRED W. COYLE, Chairma .
AS TO OWNER:
ENTRUST IRA SOUTHWEST
FLORIDA, LLC, a Florida limited
liability company, as Trustee for
Barry J. Kotek IRA
DATED: 101 \C1110
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Witness (Signature)
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Name (Print or Type)
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Wit~es~nature)
(,r'fi;; 0 Q G; l '0
Namei nnt or Type)
By: Island Financial Services, Inc.,
~ corporation, its Manager
By: .
DAVID A. OWENS, President
Approved as to form and
~~~~
Assistant County Attorney
Last Revised: 6/18/10
EXHIBIT ~
PageLof J
PROJECT NO,
PROJECT PARCEL NO.
FOLIO NO.
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 132, GOLDEN GATE ESTATES
UNIT NO. 43, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 7, PAGE 28, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
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TRACT 132
PROPOSED 50 FOOT WIDE
DRAINAGE EASEMENT
SKETCH NOT TO SCALE
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99999
207DE
38912640009
10/08/109:52 AM