Loading...
Parcel 182 (2) FEE MEMORANDUM Date: June 9, 2009 To: Sonja Stephenson Property Acquisition Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreements Parcel 182 (1) Fee, Folio #39155200001 and Parcel 182 (2) Fee, Folio #39155160002 Enclosed please find one (1) copy of each agreement as referenced above (Agenda Item #10B), as approved by the Board of County Commissioners on Tuesday, December 2, 2008. Should you have any questions, please call me at 252-8411. Thank you. Enclosure PROJECT: 99999 - The Singer Park CPUD PARCEL No(s): 182 (2) FEE FOLIO No(s): 39155160002 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this cQ, day of ~ Uk >E! , 2010, by and between NAN DALAL RANASINGHE and JAY A THI S. RANASINGHE, husband and wife, whose mailing address is 6600 SW 94th Court, Miami, FL 33173 (hereinafter collectively 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, Owner applied for commercial rezoning of Tract 128, Golden Gate Estates Unit No. 47 (according to the plat thereof, recorded in Plat Book 7, Page 32 of the public records of Collier County, Florida), which application was approved via Collier County Ordinance No. 2009-25; and WHEREAS, Owner agreed to certain Developer Commitments in connection with said rezone approval, including the Owner's commitment to convey to County, at no cost to County, a fee simple estate in that portion of Tract 128 presently encumbered by a 50 foot right- of-way easement, plus fifty feet (50') of additional right-of-way for Everglades Boulevard, in fee simple, along the entire frontage of Tract 128, within 180 days of approval of the "Singer Park CPUD"; and WHEREAS, County has requested that Owner convey to County a Fee Simple Estate over, under, upon and across the East 100 feet of the North 180 feet of Tract 128, Golden Gate Estates Unit No. 47, according to the plat thereof, recorded in Plat Book 7, Page 32, of the public records of Collier County, Florida (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: 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 Warranty Deed) 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 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, and all Warranty Deed recording fees. In addition, Owner shall pay all 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 Property. 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: b-/X -9010 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ FRED W. COYLE, Chalrm ~~eignat~{ej'S ;;:e (pJor!ype) ~-- t!.A~ Witness (Signature) (// '-T ~I'- C Me (/;J Name (Print or Type) ~y.:; NANDALAL RANASINGHE Last Revised: 8/20108 ~a~/~ Witness' (Signature) 17u~;ey SCinder-.S Name (Print or Type) J4~ (V~~ Witness (Signature) (/rc-f ~ .L 6M r- vJ Name (Print or Type) &~ JAYANTHI~NASINGHE Last Revised: 2/1/07 AW~~~~ Last Revised: 8/20108