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Parcel 140TCE PROJECT: 51101 — Lely Manor Branch 11 Canal Improvements PARCEL(s): 88888 — 140TCE FOLIO(s): 55102760002 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this t Ct `'day of -cAnel Le rt—, 2019, by and between EFRAIN VALDEZ AND KARLA SOTO, husband and wife, whose mailing address is 180 Pebble Beach Circle, Naples, FL 34113 (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 Temporary Construction 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 purposes of accessing the Lely Manor Branch 11 Canal to remove vegetation, reshape the canal bottom and restore and fortify with rip-rap the eroding bank immediately adjacent thereto, 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. RECITALS -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. CONVEYANCE AND CLOSING DOCUMENTS - 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. TIME IS OF THE ESSENCE - 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. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - 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. The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its contractor for the construction of the Lely Manor Branch 11 Canal Improvements Project No. 51101, and shall automatically terminate one (1) year therefrom. 6. ENTIRE AGREEMENT - 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. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: c-t ' t�-1 11 q ATTEST: BOARD OF S UNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER jai •RIDA Circ 't Coin;$ ptroller Ce) . l�.iAAik • • BY: • a"'' %toici''F ' `illiam L. McDaniel, Jr. Chairman AS TO OWNER: DATED: Sep- t -oil Wi ness (Signature) 197=- ,„ ALB Z MICHELLE L.SWEAT ► . (P . • .-) i=► Witness (' ture) tit V.-Q..1 31 1)4►1c rec Name (Print or Type) Witness (Signature) RLA SOTO kp/6wg /tiCr,V6Q7 Name Prin or Top) Witness (Sigriature) Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Last Revised 12/10/2014 0 r nxlN '.�� a - m s t d 0 1. tl�U04Nt 0 co °.,N CC] �S 9 U 6 i F.:.�a ~;+ (D J=V c XN hid$y � w qY W �U N d E gbX 4N 'It�D i O o Q $ il PMS C .. J NOo N zc0 +lq~dam. $5 0 NNm Q <, g IHh 62Z ds o V 11 � m� - rn Z y f._4 O4w Z NN ,_° kith 1.�i :2�°�s ~s7 Ili w�a� a w i .0tl Ulm ."' 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