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Parcel 307TO: FROM: DATE: MEMORANDUM Ellie Hoffman Deputy Clerk Minutes & Records Management Ernie W. Kerskie ,, Real Property Specialist Real Property Management Department May 18, 2000 Golden Gate Boulevard Project Parcel 307 / Torres & Olivo Please find attached one (1) original Easement Agreement, one (1) original recorded Easement and one (1) original recorded Temporary Driveway Restoration Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation of same by Resolution 99-290, approved June 22, 1999 by Item 8(B)7. Please contact me if you have any questions or comments at X8991. Thank you. attachments as stated CC: A.N. Korti, Project Manager, PWED (w/attachments except Easement Agrmt.) Tax Appraiser's Office (w/attachments except Easement Agrmt.) Inventory File (w/attachments except Easement Agrmt.) PROJECT: Golden Gate Boulevard PARCEL: 307 FOLIO: 37112440000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ANGEL TORRES, A SINGLE PERSON and MARIA ESTHER OLIVO, A SINGLE PERSON, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference; WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporary Driveway Restoration Easement over, under, upon and across the lands, for reconstructing the driveway, described as follows, to wit: SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement and the Temporary Driveway Restoration Easement to the Purchaser for the stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Easement and the Temporary Driveway Restoration Easement, as well as any, improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement and the Temporary Driveway Restoration Easement (hereinafter collectively referred to as "Properties") and for the improvements, over, under, upon, and across the Properties. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $700.00, broken down as follows: Easement Temporary Driveway Restoration Easement Improvements $ 300.00 $ lo0.0o $ 300,00 TOTAL: $ 700.00 Owner accepts the above compensation as full payment for the Properties, and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to the remainder, if less than Owner's entire property was taken, and for all other damages in connection with the conveyance of said Properties to Purchaser. Purchaser shall pay Owner by County Warrant. 3. This Agreement shall be null and void, and of no further force or effect, unless closing shall occur within ninety (90) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement indefinitely, pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an instrument acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Easement, the execution of such instruments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from the Easement. Such instruments, including the Temporary Driveway Restoration Easement, shall be provided to Purchaser on or before the date of closing. Page 2 5. Conveyance of the Properties, or any interest in the Properties, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; End the 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. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. Owner represer~ts that the Proper;ies and all uses of the Properties 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 Properties except as specifically disclosed to the Purchaser; that the Owner has no knowledge o[ any spill or environmental law violation on any property contiguous to or in the vicinity of the Properties to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Properties, b) any existing or threatened environmental lien against the Properties or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Properties. This provision shall survive closing and is not deemed satisfied by conveyance of title..' 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Easement from the rnodgagee(s). 10. This Agreement anti the terms arid 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. 11. If the Owner holds the Properties in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Properties before the Properties held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. of Florida. This Agreement is governed and construed in accordance with the laws of the State IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this/,,~Z:" day of' Dated Project/Acquisition Approved by BCC:_04/28/90 AS TO .PURCHASER .i. ATTEST: ~'.~, : DWIGHT E. BROCk, Clerk BOARD OF COUNTY COMMISSIONERS Attest as to Chlfn#.,I signature on] . Page 3 AS TO OWNER: ,NVitness (Signature) Name: (Print or Type) Witne~ (Signature) Name ~ ~'~~ (Print or Type) Witness (Signature') Name: "/,,~ ~, ~ ~3-~ ~' ('Print or T~.~ ~'t~"s' ( §ig-n ~tu re) (Print or Type) :ng~l T~'es v / 781 Golden Gate Boulevard W. Naples, Florida 34120 781 Golden Gate Boulevard W. Naples, Florida 34120 Approved as t,.~ form and legal sufficiency: Assistant County Attorney PROJECT NO. 630~, PROJECT PARCEL NO. 307 EXHIBIT Page !__. of t LEGAL DESCRIPTION & SKETCH (NO T A SURVEY) The North 15 feet of the South 65 feet of the East 75 feet of the West 180 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of ths Public Records of ColliGr County, Florida. ,,"' WEST PROPERTY LINE EXISTING R/W LINE (GOLDEN GATE BLVD.) NORTH PROPERTY LINE 75 FEET SOUTH PROPERTY LINE T / EAST PROPERTY LINE 15 FOOT DRAINAGE , UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT, ~ EASEMENT) SCALE: linch = 100feel Collier County Real Property Manegemenl Department 08/06/98 2:39 PM Project · Golden Gate Boulevard Parcel: 307 Temporary Driveway Restoration EXHIBIT "B" THE EAST 30 FEET OF THE WEST 37 FEET OF THE NORTH 40 FEET OF THE SOUTH 105 FEET OF THE EAST 75 FEET OF WEST 180 FEET OF TRACT 35, GOLDEN GATE ESTATES UNiT NO. 11, AS RECORDED IN PLAT BOOK 4, PAGE 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROJECT: GOLDEN GATE BOULEVARD PARCEL: 307 FOLIO: 37112440000 This property has been acquired under threat of condemnation and is exempt. from documentaq stamp tax EASEMENT 2634434 OR: 2674 PG: 2910 RECORDED in OFFICIAL RECORDS o[ COLLIER COUN?¥, F5 05/11/2000 at 02:15PM DWIG~{T E. BROCK, CLERK CONS 600.00 RBC FEE I5.00 COPIE~ ~,00 Retn: EZT 8991 INTER O~IC~ THIS EASEMENT, made and entered into this '~D day of ~0~/~.~¢ Jg~'- , 19~/~, by ANGEL TORRES, a single person AND MARIA ESTHER OLIVO, a single person, whose mailing address is 781 Golden Gate Boulevard West, Naples, Florida 34120, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WlTNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. an~eWITNESS WtH~REOF, the Grantor has caused these presents to be executed the date a r first, abovl~ritten. ~. ~/itn~ss_ ~"Signature) ' '~ ._~ ?~, (Pri/~?.e) ~ Witness. _(S_ign~ture) ANGEL ~J)F~F~ES~a single persefrr~ Name: '~ ~(:::l._.~'~\ O... ~"~)~-'/,~L~:~___.81 Golden Gate Boulevard West ~ ~ (Pr,rint or typ~e~-.,, Wit-'~e's'~ S i g ~ r~ ~.' (Print or type) Witness (~i~nature) Name: (~~~ ~ (Print or type) Naples, Florida 34120 M(~RIA ESTHER'OLI~O, a single person 781 Golden Gate Boulevard West Naples, Florida 34120 TH S- oNVEYANC ACc£P'r£ SY:THE' I BOARD OF COU~~Z~ONE~. ~ C01.t!ER COUP, FLORIDA,~ PURSUANT T0 THE PROVZSZ0~S , SO UT O. ,0. - OR: 2674 PG: 2911 STATE OF FLORIDA COUNTY OF COLLIER he fore. oing Easement was acknowledged before me this ~.~ dav of ~Z'Y~~ , 1999 by ANGEL TORRES, a single ~e~' or who has produced ~ ~ o~f identification~ as identification. .,-~. ~~; ---- ILEN E,~TRADA ·' ~~ ~] ,~ ~ ~ ~,~ (Print Name of Nota~ Public) ~ NOTARY PUBLIC Serial/Commission My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER ,_-.,.,regoingEasement wasacknowledged beforemethis,..~?',~dayof _ _, 1999 by MARIA E_STHE.R~.~OI,.IVO, ~ single person, wh-~s personally known to me or who has produced ~,~'/,~- ~z'~".~,,.~_~.~/,_,~,' [type of identification] as identification. /z~ig natu(e~Notary Public.)/ My Comm Exp. 3/1/2002 No. CC 720584 (Print Name of Notary Public) I ) Per,~onally Known [ I Other I.D. NOTARY PUBLIC Serial/Commission C'~ ~__. ,?,,.~,~ .~'f My Commission Expires: Prepared by:. Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlarnl Trail Naples, Florida 34112 {941) 774-8400 PROJECT NO. PROJECT PARCEL NO. 630,-,--,-" 307 EXHIBIT__A~ P~ ~ ....of~ ***. OR: 2674 PG: 2912 LEGAL DESCRIPTION & SKETCH (NO T A SURVEY) ~.~. The North 15 feet of the South 65 feet of the East 75 feet of the West 180 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. ../' WEST PROPERTY LINE EXISTING R/W LINE J, (GOLDEN GATE BLVD.) NORTH PRQP~RTY LINE 75 FEET SOUTH PROPERTYLINE T EASTPROPERTYLINE N , _ 15 FOOT DRAINAGE , UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT, R/W EASEMENT) SCALE: linch - 100 feel Collier County Real Prope~ Manegement Deperlment 08/06/~8 2;39 PM PROJECT: GOLDEN GATE BOULEVARD PARCEL: 307 ! FOLIO: 37112440000 This property has been acquired under threat of condemnation and is exempt from documentary stamp tax 2634435 OR: 2674 PG: 2913 RECORDED in OFFICIAL RECORDS o~ COLLIER COUNTY, FL 05/11/2000 at 02:15PM DWIGHT E, BROCK, CLERK CONS lOO,OO R~C ~ 15,00 COPIES 3.00 Retn: ~[ REAL PROPERTY }. INTER OFFICE TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this ~c~ day of ~.,c~; l>c, ~- , 19q~i, by ANGEL TORRES, a single person and MARIA ESTHER OLIVO, a single person, whose mailing address is 781 Golden Gate Boulevard West, Naples, Florida 34120, as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement to enter upon the lands described as follows (the "Easement Area"): See attached Exhibit "A", which is incorporated herein by reference. The Easement Area, which is adjacent to the permanent easement conveyed by the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk, and drainage improvements on Golden Gate Boulevard. This Temporary Driveway Restoration Easement shall expire upon completion of construction or August 31, 2004, whichever occurs first. However, if construction is not completed by August 31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping, plantings and light fixtures within the Easement Area to its original condition. Grantor and Grantee are used for singular or plural, as the context requires. THIS IS NOT HOMESTEAD PROPERTY IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Witness '(Signature) Name: (')~,~, -4,~'C~ C-"/ (Print or type) Witness (~Si~.natur~,) Name: ' (Print or type) ANGEL 'IF~RRES,'a single persorY'-~ 781 Golden Gate Boulevard West Naples, Florida 34120 ~]tnes~ (~,ignatu'f'e~-- __, . ~,· (Print or type) V~tness (Signa~ture) Y Name: ~.~(::t~/01 [:2,,/~ De~h (Print or type') M/Y~IA ESTHER OLIVO, a single person 781 Golden Gate Boulevard West Naples, Florida 34120 OR: 2674 PG: 2914 STATE OF FLORIDA COUNTY OF COLLIER ?TG.~h.e .foregoing Easement was acknowledged before me this o~-O day of ~ ¢/ , 1999 by ANGEL TORRES, a single person, ~,~'~..~._~/~nally know~...~ or who has produced .-'"'/[,,~-vP~ .o,$~ ~l:t~-~ntification. %pO~~ I L EN ESTRADA My Corem Exp. 3/112002 No. CC 720584 Personally Known [ I Ol~e, I.D. /~at~e of N6tar. ', ubllc) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The -f regoing Easement was acknowledged before me this ~.F,~ day of ~..~ , 1999 by MARIA E~STHER O.LIVO, a single,person, who is personally known to me or who has produced ~d~F"/~-~'/~/.5'-~Y'~ ~/-,~ [type of identification] as identification. ESTRADA co,.,. No. CC 720584 ~,.~gnature of'?pt~ry Pu. blic) (Print Name of Notary Public) NOTARY PUBLIC .~/ Serial/Commission ~--~'~_-. My Commission Expires: ..~--/- Prepared by:. Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlaml Trail Naples, Florida 34112 (941) 774-8400 *** OR: 2674 PG: 2915 EXHIBIT "A" THE EAST 30 FEET OF THE WEST 37 FEET OF THE NORTH 40 FEET OF THE SOUTH 105 FEET OF THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 35, GOLDEN GATE ESTATES UNIT NO. 11, AS RECORDED IN PLAT BOOK 4, PAGE 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. MEMORANDUM TO: FROM: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT DATE: JUNE 30, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCEL: 307 / TORRES Attached you will find one Easement Agreement for execution by Chairwoma~ Pamela S. Mac'Kie concerning the above transaction. Please be advised Heidi F. Ashton, Assistant County Attorney, has reviewed and approved thl attached document. :i I The Board of County Commissioners of Collier County, Florida approved t acquisition by gift or purchase in Resolution 98-107', Item 16(b)(1), dated Apr 28, 1998. Pursuant to Resolution 98-107, Paragraph 8, the Board authorized its present Chairman and any subsequent Chairman, 'for the life the Project, to execute any instruments which have been approved by the of the County Attorney. Once the Agreement has been executed, please forward same to Ellie Hoffma Records Technician Ill, Minutes and Records Management, for attestation by thi Clerk to the Board. Ms. Hoffman will then call me at extension 8991 document pick-up. :, Thank you. Attachment as stated PROJECT: Golden Gate Boulevard PARCEL: 307 FOLIO: 37112440000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ANGEL TORRES, A SINGLE PERSON and MARIA ESTHER OLIVO, A SINGLE PERSON, (hereinafter referred to as the 'Owner"), and COLLIER COUNTY, a political subdivision oi' the State of Florida, its successors and assigns (hereinafter referred to as the 'Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drabage, utility and maintenance over, under, upon and across the lands described in Exhibit 'A', which is attached herelo and made a part of the Agreement, described as follows, Io wit; SEE AFT'ACHED EXHIBIT 'A', which is incorporated herein by reference; WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporary Driveway Restoration Easement over, under, upon and across the lands, for reconstructing the driveway, described as follows, SEE ATTACHED EXHIBIT 'B', which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement and the Temporary Driveway Restorat,on Easement lo Ihe Purchaser for the stated purposes, on the terms and conditions set forth herein; WHEREAS, Ihe Owner desires 1o be compensated for the Easement and the Temporary Drweway Restoration Easement, as well as any, improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement and the Temporary Driveway Restoralion Easement (hereinafter collectively referred to as "Properties") and for the improvements, over, under, upon, and across the Propedies. 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 are hereby mutually acknowledged. it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Propedies in exchange for the sum of $700.00, broken down as follows: Easement $ 300.00 Temporary Driveway Restoration Easement $ 100.00 Improvements $ 300.00 TOTAL: $ 700.00 Owner accepts the above compensation as full payment for the Properties, and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to the remainder, if less than Owner's entire property was taken, and for all other damages in connection with the conveyance of said Properties to Purchaser. 2. Purchaser shall pay Owner by County Warrant. ~ 3. This Agreement shall be null and void, and of no further force or effect, unless closing shall occur within ninety (90) days from the date Purchaser executes this Agreement; provided; however. that Purchaser shall have the unilateral right to extend the term of this Agreement indefinitely, pending receipt of such instruments, propedy executed, which either remove, release or subordinato any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an instrument acceptable to Purchas',r. 4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications In and to the Easement, the execution of such insbuments that will, upon their recording in the Public Records of Collier Courtly, Floflda, clear any and all encumbrances from the Easement. Such instruments, including the Temporary Driveway RestoraUo~l PaGe 2 5. Conveyance of Iha Propedies, or any interest in the Properties, by Owner lS contingent upon no other provisions, conditions, or premises other than those so stated above; ar~c~ the written Agreemenl, including all exhibits attached hereto, shall constitute the enlire .~greemer-I and understanding of the parties, and there are no other prior or contemporaneous wrillen or oral agreements, undertakings, promises, warranties, or covenants riel contained herein. 6. Owner is aware and understands that Ihe "offer" to purchase represenled by this Agreement is subjecl to acceptance and approval by the Board of County Commissioners of Collier County. Florida. 7. Owner represents that the Properties and all uses of the Properties have been and presently are in compliance with all Federal, State and Local environmenlal taws; that no hazardous substances have been generated, stored, lreated or Iransferred on the Properties except as specifically disclosed Io the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Propedies to be sold to ~he Purchaser, that Ihe Owner has not received notice and otherwise has no knowledge of a) any spill on l.he Properties, b) any existing or threatened environmental lien against /he Properties or c) any lawsuit, proceeding or investigation regarding Ihe generation, storage, treaimenl, spill or transfer of hazardous subsiances o~ the Properties. This provision shall survive closing and is not deemed satisfied by conveyance of litie. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser wilh respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and atlorney fees and expenses whether in court, out of courl, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arisi~I out of the breach of Owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of lille. 9. The Purchaser shall pay for all cosls of recording the conveyance instruments in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instrumenls shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associaled with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against Ihe Easement from the mortgagee(s). 10. This Agreemenl ano Ihe terms arid provisions hereof shall be effective as or'he date this Agreement is executed by bolh parties and shall inure Io the bene6t of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor truslees, and/or assignees, whenever the context so requires or admits. al;(~n trus, orffatnh; foO~'rmneor hr~l~drse~he~ P.;operties i.n. Ihe. form ora partnership. ,imiled part'~ershil~I corpor t f , p atve capacity wnatsoever for olhers, Owner shall 'make a wrilten public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial inlerest in the Properties before the Properties held in such capacity is conveyed to Purchaser. its successors and assigns. (If the corporation is registered with the Federar Securities Exchange Commission or regislered pursuant to Chaplet 517, Florida Slalutes, whose Stock for sale to the general public, it is hereby exempt from the provisions of Chaplet 286, Florida Statutes.) 12. This Agreement is governed and construed in accordance with lhe laws o! the State of Frorida. IN~(~_/WITNESS WHEREOF, the parties hereto have execuled this Agreement on this ,/~Z-' day gl ,19.~.~. Deled ProjecVAcquisition Approved by BCC:_04128/90 AS TO PURCHASER A TED ' ' ' ;'~',: ATTEST: --'"' .'. DWIGHT E. BROCKi.'.'""Cierk ,~z~)~/~.,.,~.~,~g,'o e p uty C~erk ~/.. · ;~ ;~.~. , Attest as to Charm, Mos signature on ].~. BOARD OF COUNTY COMMISSIONERS COLLIER CqJal~TY, FL"~RIDA ~_ , BY:Pame~ Page 3 AS TO OWNER: ~itness (Signalure) (Print ? Type) ~tne~ (Signature) (Print or Type) Witness (Signature") (Print or TyperL i ness (Signature) (Pdnl or Type) Approved as tu form and legal sufficiency: Asslstan! County Altorney 781 Golden Gate Boulevard W. Naples, Florida 34120 Mar(_~sth ~r Olivo 781 Golden Gate Boulevard W. Naples, Florida 34120 PROJECT NO. 6304 ~" PROJECT PARCEL NO. 307 EXHIBIT Page of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 75 feet of the West 180 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded In Plat Book 4, Page 103 of th3 Public Records of Colli6r County, Florida. WEST PROPERTY LINE LINE EX~STING R/CC LINE (GOLDEN GATE BLVO.) SOUTH PROPERTY LINE FEET EAST PROPERTY LINE N ~15 FOOT DRAIi"IAGE, UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT. RA9 EASEMENT) SCALE: 1 Ira:h,- lOOfeet ~,.~. Project: Golden Gate Boulevard Parcel: 307 Temporary Driveway Restoration EXHIBIT 'B' THE EAST 30 FEET OF THE WEST 37 FEET OF THE NORTH 40 FEET OF THE SOUTH 105 FEET OF THE EAST 75 FEET OF WEST 180 FEET OF TRACT 35, GOLOEN GATE ESTATES UNIT NO. 11, AS RECORDED IN PLAT BOOK 4. PAGE 103 OF THE PUBLIC RECORDS OF COLLIER COUHT'Y, FLORIDA.