Folio 00418680009
PROJECT: 60091
FOLIO No: 00418680009
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 2/ '>~ day of {).CU'ff1mr' ,2007, by and between POLLY
AVE LLC, a Florida Limited Liability company, whose mailing address is 2450 NE
Miami Gardens Drive, 2nd Floor, Miami, FL 33180, (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"County").
WITNESSETH:
WHEREAS, in accordance with Exhibit C, Paragraph 2 of County Ordinance No.
06-53, Owner is required to convey a 70 foot easement along the Santa Barbara
Boulevard Extension at no cost to the County; and
WHEREAS, County is requesting that Owner convey to the County only the West
67 feet of the West 'I:z of the Southwest Y. of the Southwest Y. of the Northwest Y. of
Section 16, Township 50 South, Range 26 East, less the North 30 Feet and the South
30 Feet, Collier County, Florida (hereinafter referred to as 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. 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 Property 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. 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.
4. 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; provided; however, that County 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 County's enjoyment of the Property.
5. Owner shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement.
6. 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.
7. Conveyance of the Property 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.
8. 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 PURCHASER:
DATED: l'o--31~3Wl
ATTEST:
DWI~HT E. BROCK, Clerk
bj:Jiun ~filftJ0'
. Atttst Q tcP f r~
$19ft1Urt 0I1~,
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, F RI A
AS TO OWNER:
DATED: (b.j. a{" \ q:n)
~~
Witness (Signature)
POLLY AVE LLC, a Florida Limited Liability
company
BY:
(Signature)
Name: n1 II 1It1 ~ v".)\ II
(Print or Type)
Name:~ ~y \\:::,-\-~
(Prin or type)
~
Witness (Sign
Title: ~(rcr mtrYjOo-r-
(Print Ti )
Name: ~~, ~~.d::-I'
(Print or Type)
Approved as to form and
~oy
^
eidi F. Ashton
Assistant County Attorney
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