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Parcel 273MEMORANDUM RECEIVED AUG J 1 1999 I~rd of Coun~,y r.,oamts$tOeert TO: FROM: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS WILMA IVERSON. SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT DATE: August 31. 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 Parcels: 273 Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998. Pursuant to Resolution 98-107, Paragraph 8, the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instrument which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-292, Item 8(b)(7), dated June 22, 1999. Once the Agreement has been executed, please forward same to Elite Hoffman, Records Technician Ill, Minutes and Records Management, for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for document pick-up. Thank you. Attachments as stated PROJE('T: Golden Gale lloulcvard PARCEl, NO: 273 i':AS E.M ENT AC;REEMENT ]'Ills EASF. MF. NT AGRI:.I~MEN'I' (hereinafter referred Io as lite "Agreement") is made and entered into by :md hctwccn ANiIIAI. MAI.DONADO, ,IR. and ELIZABETII MAI.DONAD(), ht,sband and wife. (hereinafter referred to as "Owner"). and COi.I.IER COUNTY. a political subdivision of the State of Florkta. its successors and assigns (hereinafter referred to ;ts "l'urchascr"~: WIII!REAS, Purchaser requires a perpetual, non-exclusive casement for drainage, utility and maintenance, over. under, upon and across Iht lands dcscribcd in Exhibit "A" (said casement hereinafter referred to ,'ts Iht "Properly"). which is atlached hereto and made a part of this Agrccnlcnt; WItEREAS. Owner desires to convey the Property to Purchaser lbr lite stated purposes, on thc tcm~s ami conditions scl forth herein; and WI IER EAS. [~urchascr has agreed to compensate Owner fi~r conveyance ol' the Property; NOW 'I'IiF, REFORE. in considcration of thesc prcmiscs, thc sum of Tcn Dollars {SI 0.00), and other good and valuablc considcration, the reccipl and sufficiency of which is hereby mutually acknowledged, it is ~,grccd by ami between the parties as follows: Ov,'ncr shall convey thc Property to Purchaser for lhc sum of $500.00, payable by County Wa~ant (said transaction hereinafter refc~cd to thc "Closing"). Said paymem shall be compensation for thc 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 thc panics. I lowcver, if the panics are unable lo agree upon a multmlly acceptable location, then thc Purchaser shall have the right Io install said drop curbing where Purchaser deems appropriate. Prior to Closing. Owner shall obtain from the holders of any liens, exceptions ancot qualifications encumbering the Propeny. the execution of such instmmenls which will remove, release (~r subordinate such encumbrances from the Property upon their rccording in thc public records of ('oilier County. Florida, Owner shall provide such instruments, properly executed, to Purchaser on or befbrc the dale of closing. This Agreement shall be null and void. and of no filrlhcr lbrce or effect, unless Closing shall occur within sixly f60) days from thc (late Purchaser executes this Agrecmenl; provided; however, that Purchaser shall have thc unilateral right to extend the term of Ihis 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 thc Property. At Closing. Purchaser shall deliver the County Wamanl to Owner and Oxvncr shall deliver t}~e conveyance instrument to Purchaser ffom~ acceptable to Purchaser. Conveyance of the Propc~y by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and thc written Agreement. including all exhibits attached hereto, shall constitute thc entire Agreement anti understanding of the panics, and there arc no other prior or contemporaneous written or oral agreements. tmdeflakhlgs, promises, wmTantics, or covcnalltS nol contained herein. Owner is aware and understands lhal Iht "offer" lo purchase represented by this Agreement is subject Io acceptance antl approval by Iht Board of County Commissioners of Collier County, Florida. Owner represents lhal thc l'ropc~y and all uses of the Propc~y have been and presently are in compliance wilh all Federal. State and Local cnvironnmnt;.l laws; Ihat no hazardous Easement Agreement Page 2 substances have been generated, stored, treated or transferred on tile Property except as specifically disclosed to tile Purchaser: that thc Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property lo be sold to Ibc Purchaser. lhal die Owner has not received nolice and otherwise bas no knowledge of a) any spill on the Properly, b) any cxisling or threatened environmental lien against thc Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, trcalment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing anti is not deemed aatisficd by conveyance oFtitle. 7. Owner shall indemnify, ret'end, save and hold harmless lhe Purchaser against and from. and Io reimburse the Purchaser with respect to, any and all damages, claims, liabilities. laws, costs and expenses (including without limitation reasonable paralcgal and atto,ney fees and expenses whether in court, out of court, in hankmptcy 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 sumive Closing and is not deemed satisfied by conveyance of title. 8. Tile Purchaser shall pay for all costs of recording Ibc conveyance instrument in tile 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 & Joindcr of Easement of tile mortgage(s) recorded against the Property from the mortgagee(s). 9. This Agrcemenl and thc terms ami provisions hereo£ shall be effective as of the date Ibis Agreement is executed by both parties and shall inure to tile benefit of and be binding upon tile parties hereto and their respective heirs, executors, personal representatives, successors, successor truslees, and/or assignees, whenever the context so requires or admits. I0. If tile Owner holds tile l'ropcrty in tile form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others. Owner shall make a written puhlic disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address ofcvcry person having a beneficial interest in thc Property belbre the Property hckl in such capacity is conveyed Ia 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 £rom the provisions of Chapter 286, Florida Statutes.) I I. This Agreement is governed ami construed in accordance with thc laws of Ibc State of Florida. tN .WITNESS WiIEREOF. tile parties hereto have executed this Agreement on Ihis ~! C~ Date Propc~y acquisilion approved by Bt'C: 4/28/98 AS TO I'URCI lASER: ATTEST: DWIGHT B. BROCk, . Deputy BOARD OF COUNTY COMMISSIONERS CO[.LIER~A Pa el ' Mac'S: It.'.( Easement Agreement Page 3 AS TO OWNER: Witness~.Signature) (Prim or Type) (Print or Type) WitncsslSignature) ¢~(l'rint or WitnessJ~gnaturc) (Print or Type) Anibal Maldonad~. Jr. /// .t Address: l'b/. 5 &,J, /5o;,) /~/ct('.~[ Approved as to form and legal sufficiency: ft4i~i F. 3. shtc, n Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 273 ,~?o ~, ¢¢ o,:,,;,o '/ LE__GA L_D_E~_O R! P TI O N & SKE'[CH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 69, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. I'. EXHIBIT WESf PROPERTY lithE ~., I'IORTH PROCTER fy U.'iE 150 FEET EAST PROPERTY LI~IE N 15 FOOT DRAINAGE AND ~ I LrTLITY EASEMENT EXIS f It,I6 I'UW LINE ' (GOt. DEli GA/E BLVO.) / (EXISTING 50 FT. R/~ EASEMENT) SOUfI! PROPERTY UN ~'