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Parcel 276RDUEPROJECT: Miscellaneous Project - 99999 (FPID #: 428254- 1- 52 -01) PARCEL No(s): 276RDUE FOLIO No(s): 61842800009 AGREEMENT THIS AGREEMENT hereinafter referred to as the "Agreement ") is made and entered into on this day of Qck -062--- , 20_j_Z, by between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose mailing address is 5775 Osceola Trail, 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, c/o 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 Road Right -of -Way, Drainage and Utility 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 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. 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 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." 3. 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. 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. CA,(, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COVJ TY- DATED: ""` ,ATTEST: DWIGHT E. BROCK, Clerk C WY est as.to Chai e u erk SA POV2L A,form and legality: ( e'tc�—P,9 41� I Assistant County Attorney AS TO OWNER: DATED: 0 /? Witness (Signature) kg�n2, .-, L -C /-'(- Name (Print or Type) A�+c,,,� -- t —�,I- Witness (Signature) IC/* W6k1-t,4— I"A'Iv%L Name (Print or Type) pp roved s f rm and legality: U J n Fishbane strict General Council BOARDgF CQ�UNTY�COM II SIONERS COLLIE CO TY, LORlffjjA I1 -ya Georc�a AJHiller, Etch. Chairwoman DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA Bar ra Berry, ChNir Last Revised: 6/3/2013 9 PROJECT AND PARCEL NO. 99999- 276RDUE (FPID #: 428254- 1- 52 -01) PARENT TRACT FOLIO NO. 61842800009 LEGAL DESCRIPTION & SKETCH EXHIBIT (NOT A SURVEY) P "6-1-: The South 515 feet of the East 30 feet of the following described property:: The East Half of the West 641.7 feet and the south Half of he West 641.7 feet of Lot 129, Naples Grove and Truck Company's Little Farms No. 2, according to the plat thereof recorded in Plat Book 1, Page 27 of the public records of Collier County, Florida, and The West Half, or approximately 643.1 feet of Lots 127 and 128, Naples Grove and Truck Company's Little Farms No. 2, according to the plat thereof recorded in Plat Book 1, Page 27 of the public records of Collier County, Florida CA