Parcel 162SAE
PARCEL No(s): 99999-162SAE
FOLIO No(s): 36444080003
36444120002
36444160004
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 2,>'9 day of OE.r.E.I'A.'Or-~ , 2008, by and between SPTV,
INC., a Florida corporation, whose mailing address is 10090 Intercom Dr. Unit 8-13,
Fort Myers, FL 33913-7786 (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a politic" su'Jdivision of th.} StalP of Florida, whosE' mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Perpetual,
Non-Exclusive Sidewalk and Access 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.
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:
I . 1-\11 0i the aDiNe RECiTALS are true ana 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. At or prior to
Closing, Owner shall provide Purchaser with a copy of any existing prior title
insurance policies. 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
C!csinr shaH 0,ccur \N~t!'lin ~ine~y (90) da)'~:; fri)rn the Lt'~i8 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 parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: 12-Z-0l?
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AS TO OWNER:
DATED: II) - /'7 -(}1i/ ,
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LllvDA /I, vii /la/lls
Name (Print or Ty ..)
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itness (Signature)
Jojl}fVll;(,. VEA.J(- 7/j
Name (Print or Type)
BOARD OF COUNT.Y COMMISSIONERS
COLLIER OUN ,FLORIDA
B
SPTV, INC., a Florida corporation /
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By: Thomas C. Venetis, Director
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Witness (Signature)
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Nam.e $rint or -rye)
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Wit ss (Signature)
A/otwd... ~ 12^U/J
Name (Print or Type)
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Approved as to form and
legal sufficiency:
~c\. A\ y.
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Assistant County Attorney
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TIlE EllBOSSED SEAL OF A PROFESSIONAL URVEYOR AND IlAPPER
PREPARED BY
DATE
DEAN R. DAVIS, PSY
PROFESSIONAL SURVEYOR AND MAPPER
FL. REG 4822
BOARD OF COLUER COUNTY COMMISSIONERS
TRANSPORTATION SERVICES DMSION
ROAD MAINTENANCE DEPARTMENT
2685 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA. 34104 (239) 252 8192
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NOT VAlID UNLESS SIGNED AND S
n= SKETCH AND DESCRIPTION
6.0' 1IIDE SIDE1I'AIK EASEIlENT
ALONG
GOLDEN GATE PARKlI'AY
t'S'W'IUJ NaT'I!i:.
1. THIS IS NOT A SlJR~
2. BEARtNQS SHO\Ill HEREON AR€ BASED ON THE
SOU1l1lASTEJll.Y R/W lINE Of' QOLOEN GAlE
PMl<WAY AS 8t1MQ: MI5O'3lJ'28"E.
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08/12/08
08014N
28 49 26 A03 31
SHEET,
1
OF 2
EXHIBIT A
page-l- of.L
LEGAL DESCRIPTION
THE NORTHWESTERLY 6,00 FEET OF lOTS 3, 4, 5 AND 6
OF BLOCK 248 OF THE PLAT OF GOLDEN GATE UNIT 7
AS RECORDED IN PLAT BOOK 5, PAGE 135 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE
PARTICUARl Y DESCRIBED AS FOllOWS:
BEGINNING AT THE WESTERl YMOST CORNER OF lOT 3,
BLOCK 248 OF THE AFOREMEN~ONED PLAT OF GOLDEN
GA TE UNIT 7; THENCE RUN N50036'28''E A DISTANCE OF
200,00 FEET; THENCE RUN S39023'32"E A DISTANCE OF
6,00 FEET; THENCE RUN S50036'28''W A DISTANCE OF
200.00 FEET; THENCE RUN N39023'32"W A DISTANCE OF
6,00 FEET TO THE POINT OF BEGINNING,
CONTAINING THEREIN 0.028 ACRES OR 1200.00 SQUARE
FEET, MORE OR lESS,
NOT VAlID UNLESS SIGNED AND SEALED 1IlTH TIlE EMBOSSED SEAL OF A PROFESSIONAL SURVEYOR AND IlAP~ER
mtB SKETCH AND DESCRIPTION .-." Nm. PREPARED BY f...Jo. J'"E,..
6.0' WIDE SIDEWAlK EASEllENT 1. ..s ~ NOT . """"'" DDAEANTE R DAVIS p~~l Wlll..
ALONG ~~~~:THE. I ~Ill
GOLDEN GATE PARKlI'AY P_Y.. """'" ....,..28"E PROFE~~ONAL SURVEYOR AND MAPPER
FL. REG. 4822
lHJIT,
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0801<4N
BOARD OF COLLIER COUNTY COMMISSIONERS
TRANSPORTATION SERVICES DIVISION
ROAD MAINTENANCE DEPARTMENT
2685 SOUTH HORSESHOE DRNE
NAPLES. FLORIDA, 34104 (239) 252 8192
2
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8/12/08
28149126 A03131
OF 2