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Backup Documents 04/26/2016 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co�4 Attorney�ttOffice o later than Monday preceding the Board meeting. �� ( L J **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document' ready complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 4/26/16 4. BCC Office Board of County �� b`� Commissioners S` ` \\lo 5. Minutes and Records Clerk of Court's Office (� ,{°Rqi, 2(0 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Helen Buchill ,Code Enforcement Phone Number 252-2444 Contact/ Department Agenda Date Item was 4/26/16 Agenda Item Number 16-A-10 Approved by the BCC Type of Document Release and Satisfaction,Donation Number of Original 3 Attached Agreement,Settlement and Release— PNC Documents Attached PO number or account number if document is 111-138911-649030 to be recorded " }�,� c),',7-,Q,,,, ;+a)'r,\,s..a INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? STAMP OK JAB 2. Does the document need to be sent to another agency for additional signatures? If yes, JAB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 4/26/16 and all changes made during the JAB WA is meeting have been incorporated in the attached document. The County Attorney's an option fa Office has reviewed the changes,if applicable. line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for th- W� an 4$tion for Chairman's signature. th'. link I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A10 INSTR 5258449 OR 5266 PG 3705 RECORDED 4/28/2016 8:03 AM PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT This Instrument Prepared By: COLLIER COUNTY FLORIDA Marlene Serrano REC$10.00 Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: PNC Bank, N.A., Successor by Merger Respondent The lien was recorded on May 21, 2014, in Official Records Book 5039, Page 2452, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of seven thousand nine hundred twenty-six dollars and twenty-eight cents ($7,926.28), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST- •. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, clerk 4c, COL1aER COUNTY, FLORIDA r" tit( 40" Dep y Cle . Donna Fiala, Chairman Date: Ola\ G \\(o Date: 4 ►aCo l tf Approved as to form and legality Kevin Noell Assistant County Attorney CESD20130010194 16A10 CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBERS:39951760004 PNC Bank-Winchester Head DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PNC BANK, NATIONAL ASSOCIATION, (hereinafter referred to as "Owner"), whose mailing address is 1 PNC Plaza, 249 5th Avenue, Pittsburg, PA 15222, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "County"), collectively known as "the Parties". WITNESSETH: WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, Owner and County are entering into a Settlement and Release Agreement of even date herewith, attached hereto as Exhibit "B", resolving County Code Enforcement Liens recorded against the Property; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property 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 Property 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. Owner shall convey the Property via a Special Warranty Deed to County at no cost to the County, unless otherwise stated herein. 2. 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 County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement and Owner satisfies any and all condition(s) for the donation as set forth by the Board; unless 1 16 A 1 0 extended by mutual written agreement of the parties hereto. The Manager of Real Property Management or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional sixty (60) days without further approval by the Board of County Commissioners. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. With the exception of those violations that are the subject of a Settlement and Release Agreement between the Owner and County, 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 County; 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 conveyed to the County, that the Owner has not received 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. 6. The cost of a title commitment and title policy shall be paid by Owner. Owner shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording any Releases of mortgage(s) recorded against the Property from any mortgagee(s). Documentary and intangible taxes shall be borne and paid by Owner. 7. Prior to Closing, Owner shall: (i) obtain all necessary demolition permits and approval, (ii) demolish, remove and properly dispose of all structures existing on the Property, (iii) locate, cap and place above ground markers indicating the location of all wells and septic tanks located on the Property (iv) remove and properly dispose of all personal property located on the Property, including the abandoned boat; (v) pay $126.28 to County for operational costs related to a code enforcement case on the Property which has been resolved by a settlement and release agreement entered into by the Parties. 8. 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. 9. 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 all exhibits attached hereto, shall constitute the entire Agreement and 2 16 A 1 0 understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 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, Florida 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 County, 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. IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: 4- \' AS TO COUNTY: �} DATED:AI (l7 a Ll i 4 ATTEST:' BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK, Jerk COLLIER COUNTY, FLORIDA •r BY: i t as to Chairman s , D�•uty Cler. ••nna Fiala, Chairman signature only. ; Approved as to form and legality: Jennifer . Belpedio, A-nt County Attorney 057 \cp 3 16 A 10 AS TO OWNER: WITNESSES: PNC BANK, NATIONAL ASSOCIATION Witn s#1 (Signature) ,) / ` 5'1 Ce IJ"a.-'1keV By: a i0 CI Witness#1 (Print Name) rr '' 11 `-'_ Print:W ;ti-0CS,i1 W� Its: (�C,t''� �r" Witness#2(Si ure) )C)0 WeasV Witness#2(Print ame) 4 e I 16 A 1 0 EXHIBIT A THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 19, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 39951760004 5 16 A 1 0 EXHIBIT 1 Page of (4 SETTLEMENT AND RELEASE AGREEMENT REGARDING 3245 37TH AVENUE NE, NAPLES,FLORIDA 34120 THIS SETTLEMENT AGREEMENT(hereinafter"Agreement") is made and entered into by and between PNC BANK, NATIONAL ASSOCIATION (hereinafter "PNC"), COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter, "County"), and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter, "Department"). (PNC, County, and Department to be referred to collectively as "the Parties"). WHEREAS, PNC acquired title to and owns the following property: the east 75 feet of the east 150 feet of tract 19, unit 65, golden gate estates, according to the plat thereof, as recorded in Plat Book 5, Page 88, Public Records of Collier County, Florida (AKA 3245 37th Avenue NE, Naples, Fl. 34120) (hereinafter, "the Property"). WHEREAS, the County has declared that PNC, as owner of the Property, owes to the County certain fines for existing violations of the County's Code of Laws and Ordinances,totaling $192,500.00 as of December 31, 2015 with a fine of $300 accruing daily until the matter is resolved. WHEREAS, clearing of vegetation and/or dredging and/or filling of wetlands in violation of Florida law and/or Florida Administrative Code Rules was conducted on the Property by others unrelated to PNC and prior to PNC acquiring title to the Property. WHEREAS, as a result of the aforementioned conditions on the property, a dispute has arisen between the parties regarding the Property's violation of Collier County Code of Laws and Ordinances and possible violations of the Florida Department of Environmental Protections Laws and/or Rules for the aforementioned activity, (hereinafter, "the Dispute") WHEREAS, the parties agree as follows: EXHIBIT h 16 A 1 0 Page 1- of C 1. No Admission.This Agreement, and compliance with this Agreement, shall not be construed as an admission by PNC of any liability whatsoever. 2. Settlement Property. Subject to the terms hereof: PNC agrees to donate the Property to the County,conditional on the Board of County Commissioners,Collier County, Florida(hereinafter, "Board"), approving the donation of the Property and PNC accepting any condition(s) for the donation, including but not limited to, the Condition Precedent referenced in Paragraph 11 below. PNC shall convey the property by Special Warranty Deed to the County, within sixty (60) days of the Board approving the donation of the Property and PNC accepting and satisfying any and all condition(s) for the donation as set forth by the Board. The deed of the Property by PNC will be in full and final settlement of the Dispute. 3. Complete Resolution. The County and PNC agree that the Settlement Property plus the Condition Precedent referenced in Paragraph 11 below,represents the total amount the County requires to satisfy all the amounts that it claims are due and payable by PNC to the County upon its acquisition of the Property. The County agrees to release and/or extinguish any claims and fines against PNC for the Property's violations of Collier County Code of Laws and Ordinances in exchange for the donation of the Property to the County. The Department agrees to release any claims and fines against PNC and Collier County for the Property's existing condition and/or violations of Florida law and/or Florida Administrative Code Rules. Notwithstanding the Department's release for existing violations, Collier County agrees to obtain any required Department permits as applicable for any additional future proposed dredging and/or filling of wetlands on the Property. Department agrees that the existing condition and/or violations do not need to be abated, corrected or remediated at any time whatsoever, for any reason whatsoever, in the future. Department agrees that the existing condition and/or violations and/or the failure or refusal to abate, correct or remediate the existing condition and/or violations will not be cause for rejection or a denial of any future permits. Department hereby waives any right or action to pursue any action for the abatement, correction or remediation of the existing condition and/or violations. 4. Release. EXHIBIT _L) _ 16A10 page S of _. -_ a. The County for itself and its successors and assigns hereby irrevocably and unconditionally REMISES, RELEASES, ACQUITS, SATISFIES, WAIVES AND FOREVER DISCHARGES PNC, any subsidiary, parent company or affiliate of PNC, successors or assigns of any of the foregoing and the respective agents, trustees, officers, directors, shareholders, attorneys, employees, independent contractors and representatives of any of the foregoing (collectively, the "PNC Released Parties") from all the County Claims with respect to the now existing County Code violations and does hereby covenant not to sue any of the PNC Released Parties based upon any of the now existing County Code violations and/or any violations which may occur subsequent to the execution of this agreement and the transfer of the deed as referenced in Paragraph 2 above. b. The Department for itself and its successors and assigns hereby irrevocably and unconditionally REMISES, RELEASES, ACQUITS, SATISFIES, WAIVES AND FOREVER DISCHARGES PNC, any subsidiary, parent company or affiliate of PNC,any predecessors, successors or assigns of any of the foregoing and the respective agents, trustees, officers, directors, shareholders, attorneys, employees, independent contractors and representatives of any of the foregoing (collectively, the "PNC Released Parties") from all the Department Claims (as hereinafter defined) and does hereby covenant not to sue any of the PNC Released Parties based upon any of the Department Claims. For purposes hereof, the term "Department Claims" shall mean any and all claims, counterclaims, demands, actions, causes of actions, suits, debts, costs, dues, sums of money, accounts, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, expenses and liabilities whatsoever, known or unknown, at law or in equity, irrespective of whether such claims arise out of contract, tort, violation of laws or regulations or otherwise, which the Department ever had, now has or hereafter can, shall or may have against the PNC Released Parties or any of them for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to and including the 16 A10 EXHIBIT U Page Lf of Execution Date, with respect to the Dispute or the Property. Without limiting the generality of the foregoing, the term "Department Claims" shall include, without limitation, any loss, liability, expense and/or detriment, or any kind or character, in any way arising out of, connected with, or resulting from the acts or omissions of the PNC Released Parties or any of them, including, without limitation, causes of action or defenses based on, or arising out of, the Dispute and/or the Property, the negligence of PNC or PNC's predecessors in interest, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, or any claim for wrongfully taking any action in connection with the Dispute and/or the Property. 5. Entire Agreement.The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied on any representation or statement made by the party or by any of the parties' agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise other than those specifically stated in this written Agreement. 6. Breach of Agreement. Any breach of any term, provision, or obligation of this Agreement by either Party, shall entitle the other Party to seek enforcement of such term,provision or obligation,or at the non-breaching party's option, allow the non- breaching party to terminate this Agreement. 7. Attorney's Fees. The Parties agree they are to bear their own attorney's fees and costs. 8. Execution. The Parties to this Agreement may execute their signatures in counterpart, each document of which may be considered as an original when executed. 9. Waiver of Jury Trial. The Parties do hereby intentionally, knowingly, voluntarily, unconditionally and irrevocably waive the right to which it may have to a trial by jury in respect to any litigation based hereon, arising out of, under or in connection with this Agreement(including,without limitation,any action to rescind or cancel the release contained in this Agreement or any claims or defenses asserting such release was fraudulently induced or is otherwise void or voidable). The foregoing waiver by the undersigned is a EXHIBIT 16 A 1 0 Page `- of material inducement for the Parties to enter into and accept this Agreement. The Parties hereby state that they have carefully read this Agreement, acknowledges the release and waiver of jury trial contained herein, knows the contents thereof and grants the same as its own free act and deed. 10. Authority. Each Party has the full right, legal capacity, power and authority to enter into this Agreement, and has obtained all necessary consents and resolutions required under the documents governing such Party's affairs in order to consummate this transaction. The persons executing this Agreement have been duly authorized to do so and this Agreement is a binding obligation of each Party, enforceable in accordance with its terms. 11. Condition Precedent: This agreement is effective only upon all conditions mandated by the Board of County Commissioners being met by PNC to include, but not limited to: PNC paying for any and all costs associated with the transfer of ownership to Collier County, PNC paying $126.28 to Collier County for the County's operational costs, PNC obtaining a demolition permit, demolishing and/or removing all existing structures on the subject property, and capping the well and sewer system on the property. In addition to removing all items as directed by County staff on the subject property to include, but not limited to, an abandoned boat. THE FOREGOING TERMS AND PROMISES ARE AGREED TO BY: PNC BANK,NATIONAL ASSOCIATION By: Print Name: erA ��' Title: MCATOr C. 't teer Date: 0.,0_9 1ltp COLLIER COUNTY EXHIBIT_ 13 16 A 1 0 " Page Coof 6, -- DATE: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN FLORIDA DEP RTMEN(T OF ENVIRONMENTAL PROTECTION By: - — 7 Ni-- Print Name: Joy- 4'1. 11.4,`7..lge...1— Title: ' /ze---rn.- or \Le-r- Xl".46-Em& r Date: ,Fi$,24..,.4.2.7 5I i Approved as to form and legality: Kevin Noell Assistant County Attorney 16A10 . SETTLEMENT AND RELEASE AGREEMENT REGARDING 3245 37TH AVENUE NE, NAPLES, FLORIDA 34120 THIS SETTLEMENT AGREEMENT(hereinafter"Agreement") is made and entered into by and between PNC BANK, NATIONAL ASSOCIATION (hereinafter "PNC"), COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter, "County"), and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter, "Department"). (PNC, County, and Department to be referred to collectively as "the Parties"). WHEREAS, PNC acquired title to and owns the following property: the east 75 feet of the east 150 feet of tract 19, unit 65, golden gate estates, according to the plat thereof, as recorded in Plat Book 5, Page 88, Public Records of Collier County, Florida (AKA 3245 37th Avenue NE, Naples, Fl. 34120) (hereinafter, "the Property"). WHEREAS, the County has declared that PNC, as owner of the Property, owes to the County certain fines for existing violations of the County's Code of Laws and Ordinances,totaling $192,500.00 as of December 31, 2015 with a fine of $300 accruing daily until the matter is resolved. WHEREAS, clearing of vegetation and/or dredging and/or filling of wetlands in violation of Florida law and/or Florida Administrative Code Rules was conducted on the Property by others unrelated to PNC and prior to PNC acquiring title to the Property. WHEREAS, as a result of the aforementioned conditions on the property, a dispute has arisen between the parties regarding the Property's violation of Collier County Code of Laws and Ordinances and possible violations of the Florida Department of Environmental Protections Laws and/or Rules for the aforementioned activity, (hereinafter, "the Dispute") WHEREAS, the parties agree as follows: Cq 16 A 1 0 1. No Admission.This Agreement, and compliance with this Agreement, shall not be construed as an admission by PNC of any liability whatsoever. 2. Settlement Property. Subject to the terms hereof: PNC agrees to donate the Property to the County,conditional on the Board of County Commissioners,Collier County, Florida(hereinafter, "Board"), approving the donation of the Property and PNC accepting any condition(s) for the donation, including but not limited to, the Condition Precedent referenced in Paragraph 11 below. PNC shall convey the property by Special Warranty Deed to the County, within sixty (60) days of the Board approving the donation of the Property and PNC accepting and satisfying any and all condition(s) for the donation as set forth by the Board. The deed of the Property by PNC will be in full and final settlement of the Dispute. 3. Complete Resolution. The County and PNC agree that the Settlement Property plus the Condition Precedent referenced in Paragraph 11 below,represents the total amount the County requires to satisfy all the amounts that it claims are due and payable by PNC to the County upon its acquisition of the Property. The County agrees to release and/or extinguish any claims and fines against PNC for the Property's violations of Collier County Code of Laws and Ordinances in exchange for the donation of the Property to the County. The Department agrees to release any claims and fines against PNC and Collier County for the Property's existing condition and/or violations of Florida law and/or Florida Administrative Code Rules. Notwithstanding the Department's release for existing violations, Collier County agrees to obtain any required Department permits as applicable for any additional future proposed dredging and/or filling of wetlands on the Property. Department agrees that the existing condition and/or violations do not need to be abated, corrected or remediated at any time whatsoever, for any reason whatsoever, in the future. Department agrees that the existing condition and/or violations and/or the failure or refusal to abate, correct or remediate the existing condition and/or violations will not be cause for rejection or a denial of any future permits. Department hereby waives any right or action to pursue any action for the abatement, correction or remediation of the existing condition and/or violations. 4. Release. 0 16 A 1 0 a. The County for itself and its successors and assigns hereby irrevocably and unconditionally REMISES, RELEASES, ACQUITS, SATISFIES, WAIVES AND FOREVER DISCHARGES PNC, any subsidiary, parent company or affiliate of PNC, successors or assigns of any of the foregoing and the respective agents, trustees, officers, directors, shareholders, attorneys, employees, independent contractors and representatives of any of the foregoing (collectively, the "PNC Released Parties") from all the County Claims with respect to the now existing County Code violations and does hereby covenant not to sue any of the PNC Released Parties based upon any of the now existing County Code violations and/or any violations which may occur subsequent to the execution of this agreement and the transfer of the deed as referenced in Paragraph 2 above. b. The Department for itself and its successors and assigns hereby irrevocably and unconditionally REMISES, RELEASES, ACQUITS, SATISFIES, WAIVES AND FOREVER DISCHARGES PNC, any subsidiary, parent company or affiliate of PNC,any predecessors, successors or assigns of any of the foregoing and the respective agents, trustees, officers, directors, shareholders, attorneys, employees, independent contractors and representatives of any of the foregoing (collectively, the "PNC Released Parties") from all the Department Claims (as hereinafter defined) and does hereby covenant not to sue any of the PNC Released Parties based upon any of the Department Claims. For purposes hereof, the term "Department Claims" shall mean any and all claims, counterclaims, demands, actions, causes of actions, suits, debts, costs, dues, sums of money, accounts, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, expenses and liabilities whatsoever, known or unknown, at law or in equity, irrespective of whether such claims arise out of contract, tort, violation of laws or regulations or otherwise, which the Department ever had, now has or hereafter can, shall or may have against the PNC Released Parties or any of them for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to and including the 16A10 Execution Date, with respect to the Dispute or the Property. Without limiting the generality of the foregoing, the term "Department Claims" shall include, without limitation, any loss, liability, expense and/or detriment, or any kind or character, in any way arising out of, connected with, or resulting from the acts or omissions of the PNC Released Parties or any of them, including, without limitation, causes of action or defenses based on, or arising out of, the Dispute and/or the Property, the negligence of PNC or PNC's predecessors in interest, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, or any claim for wrongfully taking any action in connection with the Dispute and/or the Property. 5. Entire Agreement.The Parties hereto represent and acknowledge that in executing this Agreement they do not rely and have not relied on any representation or statement made by the party or by any of the parties' agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise other than those specifically stated in this written Agreement. 6. Breach of Agreement. Any breach of any term, provision, or obligation of this Agreement by either Party, shall entitle the other Party to seek enforcement of such term,provision or obligation,or at the non-breaching party's option,allow the non- breaching party to terminate this Agreement. 7. Attorney's Fees. The Parties agree they are to bear their own attorney's fees and costs. 8. Execution. The Parties to this Agreement may execute their signatures in counterpart, each document of which may be considered as an original when executed. 9. Waiver of Jury Trial. The Parties do hereby intentionally, knowingly, voluntarily, unconditionally and irrevocably waive the right to which it may have to a trial by jury in respect to any litigation based hereon, arising out of, under or in connection with this Agreement(including,without limitation,any action to rescind or cancel the release contained in this Agreement or any claims or defenses asserting such release was fraudulently induced or is otherwise void or voidable). The foregoing waiver by the undersigned is a 16Al0 material inducement for the Parties to enter into and accept this Agreement. The Parties hereby state that they have carefully read this Agreement, acknowledges the release and waiver of jury trial contained herein, knows the contents thereof and grants the same as its own free act and deed. 10. Authority. Each Party has the full right, legal capacity, power and authority to enter into this Agreement, and has obtained all necessary consents and resolutions required under the documents governing such Party's affairs in order to consummate this transaction. The persons executing this Agreement have been duly authorized to do so and this Agreement is a binding obligation of each Party, enforceable in accordance with its terms. 11. Condition Precedent: This agreement is effective only upon all conditions mandated by the Board of County Commissioners being met by PNC to include, but not limited to: PNC paying for any and all costs associated with the transfer of ownership to Collier County, PNC paying $126.28 to Collier County for the County's operational costs, PNC obtaining a demolition permit, demolishing and/or removing all existing structures on the subject property, and capping the well and sewer system on the property. In addition to removing all items as directed by County staff on the subject property to include, but not limited to, an abandoned boat. THE FOREGOING TERMS AND PROMISES ARE AGREED TO BY: PNC BANK,NATIONAL ASSOCIATION By: Print Name: er\CAt Title: 011\CrA-Tior aper 'r Date: 4q091iL9 COLLIER COUNTY bj 16 A 1 0 DATE: Aphi 7, 01 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK, Clerk COLLIER COUNTY, FLORIDA B i - :AW By: 410140 y� eputy herr DONNA FIALA , CHAIRMAN Attest as to Chairman'� signature only. FLORIDA DEP RTMEN(T OF ENVIRONMENTAL PROTECTION By: — • ‘,.,J---- Print Name: Jc M. f4 Lam` . ie Title: iz.0 c rvv oP abv�ecex ////‘.46.6-me-0 r Date: Fi,b,s(m.,7 8, 2-016. Approved as to form and legality: Kevin Noell Assistant County Attorney