Parcel 312PROJECT: 63041 Golden Gate Boulevard
PARCEL NO: 312
FOLIO: 37161400004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MIKLOS KODA, a Single Man, (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
drainage, sidewalk, utility and maintenance over, under, upon and across the rands
described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which
is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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:
Owner shall convey the Property to Purchaser for the sum of $1,400.00 ('One
Thousand Four Hundred Dollars), payable by County Warrant ('said transact/on
hereinafter referred to the "Closing"). Said payment shall be full compensation for
the Property conveyed, including all landscaping, trees, shrubs, improvements,
and fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Property
to Purchaser. Purchaser may install drop curbing (for a driveway entrance only),
when appropriate, at a location that is mutually acceptable to the parties.
However, if the parties are unable to agree upon a mutually acceptable location,
then the Purchaser shall have the right to install said drop curbing where
Purchaser deems appropriate.
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. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of closing.
This Agreement shall be null and void, and of no fudher force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser 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 Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, Including ell exhlbit~ attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
Easement Agreement
Page 2
contemporaneous wfitlen or oral agreements, undedakings, promises, warranties,
or covenants not contained herein.
5. 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 Counly, Florida.
6. Owner represents that the Property and all uses of the Property 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 Property except as specifically disclosed to 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 Property to be sold to the Purchaser, that the
Owner has not recek, ed notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. 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 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Flodda. 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 secudng and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property from the mortgagee(s).
9. 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.
10. If the Owner holds the Property 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, Flodda
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before the Property 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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this/_.')';~day of ~ ~ ,19..~.
Date Property acquisition approved by BCC: 4128/98
AS TO PURCHASER:
DATED: ~, ~?.,,/~,P/~
.. "A'J'T~IYf.//* ~.;-.
,,~ DWlGHT'E.~ROCK, Clerk
.~ ;E'z..u~'//~,~., Deputy Clerk
AS TO OWNER:
Witnes~ (.Signature)
Name."T ~,~o ~f 4,,~ ~,
(Pdnt or Type)
Witness (~ignature)
Name: .~,~.. / ~~
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Miklos Koda
Address: 2651 NW 19th Avenue
Ft. Lauderdale. FL 33311
Approved as to form and
legal.sufficiency:
Heidi F. A~ht~n
Assistant County Attorney
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBff_~.A
~w~ of...L.~
PROJECT NO. 6304'
PROJECT PARCEL NO. 312
{100' R.O.W.!
GOLDEN GATE BOULEVARD
3~0'
t._ EXIST. 50* R~N EASEMENT...l
TRACT 19
25 FOOT DRAINAGE.
SIDEWALK. UTILITY.
& MNNTENANCE
EASEMENT
3~0'
DESCRIPTION:
THE SOUTH 2~ FEET OF THE NORTH 75 FEET OF TRACT
GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT
BOOK 4. PAGE 105, OF THE PUBLICRECORD$ OF
COLLIER COUNTY. FLORIDA.
-- NOI I I I ( PI~OC'F.R T y LI~IE
EXISTING RIGHT OF WAY LINE
""~ E.AS! PROPFJ~Ty LIt/E
13RAV~I~ Bt'
I"- 100' I JUI. Y 20. log§
SHEET I OF 1