Parcel 108DE
Project: 02007 - Miscellaneous Project - Pine Ridge Road
Parcel: 108DE
Folio: 67282760004
J . Prepared By'
enn,fer A B, . .
Office of the ~ ped,o, Esquire
3301 East.,. ounty Attorney
,amlaml Trail
Naples, Florida 34112
(239) 774-8400
AGREEMENT
THIS AG~_.MENT (her In fter referred to as t~he "Agreement") is made and entered
into on this _ _ day of. \. .JQP l, by and between THOMAS M. and
SANDRA O. M N whose iring addr is 340 est St., Naples, Florida, 34108-2912
(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, County has determined that it needs to replace a segment of pipe on
Owner's lot; and
WHEREAS, County has requested that Owner convey to the County a Drainage
Easement over, under, upon and across the lands described in Exhibit "A" (said easement
hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement; 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; and
WHEREAS, Owner's contractor will install the pipe according to County specifications
and be compensated for said installation by the County; and
WHEREAS, County shall reimburse Owner for all said installation costs in compliance
with Florida Statute S218.70 - S218.80, entitled Local Government Prompt Payment Act and
upon the receipt of the actual invoice and cost back-up; and
WHEREAS, Owner wishes to install landscaping over the Property, after the new pipe
is installed; and
WHEREAS, County grants Owner, at Owner's expense, permission to enhance the
landscaping along the Property as long as the landscaping is native to Southwest Florida and
does not have an invasive root system; and
WHEREAS, Owner shall be responsible for future maintenance of the said landscaping
over, under, upon and across the Property; and
WHEREAS, if County is required to disturb said landscaping to access or maintain the
pipe and Drainage Easement, County will replace any disturbed sod but is not obligated to
replace any disturbed or damaged plantings; and
WHEREAS, County shall be responsible for future maintenance of the pipe and the
Drainage Easement.
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. County 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 undersigned parties have caused these presents to be
executed the date and year first above written.
Acquisition Approved by BCC pursuant to agenda item 16B6 approved on April 10th 2007.
AS TO COUNTY:
DATED: ~'-f/ () r_
ATTEST: .
,
DWIGHT E. BROCK
:C"fA
BOARD OF COUNTY COMMISSIONERS
::lLlEJ7iu
J ES COLETTA, Chairman
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At". a_to Chat,...,. ,.De
Sfgll4tln ~J!.. _.
AS TO OWNER:
DATED: cr/7/D7
. 'gnature)
c.~~~ll (~4Y~'~
Name (Pri or ype)
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Witness (Signature)
9-.l.-.A ~ ':'/. O-S<>--U'" .~
Name (Print or Type)
. 'tdJ(
. ~ 71LIjg;he/~
Ge (Print O~Type)
~V~'Yl t I ~l~.\15~
Wit ess (Signature)
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Na e (Print or Type 1
Approved as to form and
legal sufficiency:
~CM1~
nlfer A. e edlo
Assistant Cou ty Attorney
;-~
THOMAS M. MORAN
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