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Parcel 204TCE PROJECT: Vanderbilt Beach Road PARCEL No(s): 99999-204TCE AGREEMENT THIS AGREEMENT (hereinafter refe red to as the "Agreement") is made and entered into on this ) I (lday of ' , 20~, by and between OLYMPIA PARK OWNERS ASSOCIATION, a orida not-for-profit corporation, whose mailing address is PMB 87, Post Office Box 3005, Naples, Florida 34101-3005 (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, as a part of its roadway improvements to Vanderbilt Beach Road, requires access to the private road known as Olympia Park Boulevard in order to undertake certain pavement marking and striping; and WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the North 95 feet of the West 70 feet of the Northeast Quarter (NE %) of the Northeast Quarter (NE %) of Section 2, Township 49 South, Range 25 East, Collier County, Florida (hereinafter referred to as the "Easement"); and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement 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 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. 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. 4. 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. 5. 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:~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: fuL W. ~ Fred W. Coyle, Chairman '., OLYMPIA PARK OWNERS ASSOCIATION, a Florida not-for-profi .corporation - 'J ~ AS TO OWNER: (Signatur~. Witness (Signatul'et--- --r(eU~ bON"JeL'-'( Name (Print or Type) . Si[,'tt t ,0 e 1'-, TrJt vC (Print Full Name) /(( f.~. [ilf:fI.n Pd L':\VY\rffl- rA,zk . (Corporate Title) 00rJf.R ~ 1\'>'0, OC \ A Ii',,;) Approved legal suffi ttorney .(j"iUIIII'lC Last Revised: 11/30/09