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Parcel 166 ,. ~ .. INDEMNITY AGREEMENT This Indemnity Agreement dated the ~ day of -.tJ0Iem.4tr ,20 10 is made and entered into by and amongst the following parties: Collier County, a political subdivision of the State of Florida, whose address is 3299 Tamiami Trail East, clo The Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County") and LAZARO ALVAREZ FEBLES alkla Lazaro Alvarez and MARGARITA VAZQUEZ alkla Margarita Alvarez (hereinafter referred to as "Alvarez") and MARLENE M, NAPIOR and ROBERT S, NAPIOR (hereinafter referred to as "Napior") (Alvarez and Napior hereinafter collectively referred to as "Interested Parties"), WHEREAS, in March 2005, the Interested Parties executed an Addendum to a Sales Contract (referred to as "the Addendum") regarding certain real property located in Naples, Collier County, Florida and more particularly described as: ,r- The South 180 feet of Tract 109, Golden Gate Estates, Unit No, 31, in accordance with and subject to the Plat recorded in Plat Book 7, Page 59, Public Records of Collier County, Florida, alkla 5675 Westport Lane and further identified by Folio #38229240008 (the "Relinquished Property") which Addendum states, in part, that Alvarez ", , , will retain all condemnation rights" and ", . , will receive all the proceeds resulting from the condemnation for 5675 Westport Lane," A copy of said Addendum is attached as Exhibit "A" to that certain Notice of Interest in Condemnation Proceeds recorded at OR Book 4445, Page 2945, Public Records of Collier County, Florida (Addendum and said Notice hereinafter collectively referred to as "the Addendum" both of which are attached as Exhibit "A" to this Indemnity Agreement); and WHEREAS, pursuant to an Easement Agreement dated September 14, 2010 (hereinafter referred to as "the Agreement"), Seller (Napior) has agreed to convey to County a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across a portion of the Relinquished Property, and being more particularly described as: The West 54 feet of the East 107 feet of the North 150 feet of the South 180 feet of Tract 109, Golden Gates Estates Unit 31, according to the Plat recorded in Plat Book 7, Page 59, Public Records of Collier County, Florida (hereinafter referred to as "the Easement"); and WHEREAS, paragraph 9 of the Agreement states, in part, that"", any apportionment and distribution of the full compensation amount,., which may be required by any mortgagee. , , for the protection of its security interest. . , shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner..."; and WHEREAS, Interested Parties are agreeable to County's disbursement of Seller's net proceeds from sale of the Easement to the Bella y, Patel Trust Account. NOW THEREFORE, for good and valuable consideration, County and Interested Parties agree as follows: ; . '"'!o, 4 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, This Indemnity Agreement is entered into among the parties in order to encourage County to purchase the Easement, and to induce Old Republic National Title Insurance Company of Naples, Florida (Old Republic) to issue a policy for title insurance on the Easement (if title insurance is to be issued), Interested Parties agree to protect, defend, indemnify and hold harmless County (and Old Republic, if title insurance is to be issued) with respect to any losses, claims, damages, liabilities or related expenses including but not limited to reasonable attorney's fees and expenses arising out of any claim by either of the Interested Parties to the proceeds of the sale of the Easement to County pursuant to any contractual obligations between Interested Parties, including but not limited to the Addendum, 3, The parties hereto acknowledge that County's duties and obiigations are limited to those expressly set forth in the Easement Agreement and it is understood and acknowledged that by entry into this Agreement, County assumes no further obligations or liabilities other than those assumed by entry into that certain Easement Agreement between County and Napior dated September 14, 2010, 4, This Indemnity Agreement inures to the benefit of and binds all the parties hereto, their heirs, legal representatives, successors, transferees and assigns, and may be executed in one or more counterparts, all of which together shall constitute one agreement. 5, This Indemnity Agreement, together with the Easement Agreement identified above, constitutes the entire agreement between County and Interested Parties, and it may be modified or amended only in writing and is not intended to confer upon any person or entity other than County (and Old Republic if title insurance is to be issued) any rights or remedies, 6, This Indemnity Agreement shall be governed by the laws of the State of Florida, IN WITNESS WHEREOF, the parties hereto have executed this Indemnity Agreement as of the Date first written above. AS TO COUNTY: DA TED:Jl...:Jo . .2010 ATTEST: DWIGHT E. BROCK, CI~rl< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , BY NW. ~ FRED W. COYLE, Chairman " ., . AS TO NAPIOR: WITNESSES: ~ 7J~~7r}-il~ M LENE M, NAPIOR r -- (Signatur ~U\,ll~~ Print Name) -~~ (Signatur ShleL~~ (:"?~":1"(4 j/ (Signature)' G-uJJ' 4~~!;. (Print Name) ~J~~ ROBERT S, NAPIOR &.legal ~ AS TO ALVAREZ: WITNESSES: (Signature) MARGARITA ALVAREZ MARGARITA VAZQUEZ (Print Name) (Signature) (Print Name) (Signature) LAZARO ALVAREZ a/kla LAZARO ALVAREZ FEBLES . . ~. AS TO NAPIOR: WITNESSES: (Signature) (Print Name) (Signature) (Print Name) (Signature) (Print Name) AS TO ALVAREZ: W:NE)S~{/L ~ture)f I alkla ~chti5~ JL ROBERT S, NAPIOR ill! a/kla LAZARO ALVAREZ FEBLES "-- 4 ." 4286023 OR: 4445 PG: 2945 RBCORDBD lD OPlICIAL RJCOIDS of COLLIII COUNTY, PL 01/21/2009 at 11:11AN DWIGHT i. BIOCI, CLIII DC 'II 35.50 This instrument Prepared by and return to: Richard L Weldon, II, Esquire WEWON & ROTHMAN, PL 7935 Airport Pulling Rd N, Suite 205 Naples, FL 34109 keto: WILDON , ROTHMAN PL 1935 AIRPORT PULLING RD N '205 NAPLIS PL 31109 1117 Property Appraisers Parcel Identification Number: 38229240008 NOTICE OF INTEREST IN CONDEMNATION PROCEEDS Before me the undersigned authority, personally appeared lAZARO ALVAREZ and MARGARITA ALVAREZ, who being duly sworn, deposes, and states as follows: 1. Our names are IAZARO ALVAREZ and MARGARITA ALVAREZ, respectively, and we are both over the age of 18 years. 2. The facts in this Notice are based upon our personal knowledge. 3. We were the prior owners of the real property located at 5675 Westport Lane, Naples, Florida 34116, with the legal description of: THE SOUTH 180 FEET OF TRACf 109, GOLDEN GATE ESTATES, UNIT NO. 31, IN ACCORDANCE WITH AND SUBJECf TO THE PLAT RECORDED IN PLAT BOOK 7, PAGE 59, PUBUC RECORDS OF COWER COUNTY, FLORIDA. 4. On or about March 11,2005, as part of our agreement to sell the above property to Marlene M. Napior, the parties agreed to an Addendum to the Sales Contract that provided for us, Seller, to "REfAIN AlL CONDEMNATION RIGHTS FOR THE PROPERTY WCATED AT 5675 WESTPORT LN. SELLER WILL RECEIVE ALL THE PROCEEDS RESULTING FROM THE CONDEMNATION FOR 5675 WESTPORT LN." See attached Addendum to Sales Contract, which has been attached as Exhibit 'A' to this Notice. 5. The undersigned are entitled to receipt of any condemnation proceeds awarded as a result of any proceedings against the above referenced property. Page 1 of2 . OR: 4445 PG: 2946 ~ IAZARO ALVAREZ STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY, that on this day, before me, an officer duly auth d County aforesaid to take acknowledgments, personally appeared LAZARO ALVAREZ 0 me known to be the perso described in or who has provided the following form(s) of identification 0 a ve named person and who executed the foregoing Notice of Interest in Condemnation Proceeds. WITNESS my hand and official seal in the County and State last aforesaid this 11lh day of April. 2009. (SEAL) /!t&~~:~~___'?ICHA. RD '- W. ELDON, II :~ :': :.< '. '\;~~I:~SION # 00662154 .\:...',;.~. '. . "'.RES '\(;r!1 11,2011 '"..- l.cor I ~ ?" ~~ .;:r Notary Signature 6.J,,~,~ L. L./...IJ~,,~ 7T Printed Notary Signature ., : 7 .:t.:"\fiC6.OOIll STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared MARGARITA ALVAREZ.@" me known to be t~e pe~ described in or who has provided the following form(s) of identification 01 eave named person and who executed the foregoing Notice of Interest in Condemnation Proceeds. Wfl'NESS my hand and official seal in the County and State last aforesaid this 17th day of April, 2009. :-;.~'Y..~~'_ q:CH.A.RD L WELDON,II :.:'A ;": 'V;" - .;, !'~I~,SION # 00662154 -:.~. ,... "~o.""~ . ;":: ,: '~...,:'d 11 2011 "'III" . l4(r'13;.1~.. ,_.....-... ..:t'.O,)rll ~~~ .E. Notary Signature R~t.l..."'/.to I.... h!..I~o", ::zr Printed Notary Signature . (SEAL) Page 2of2 . FRCJ1 :]LB - FAX t-(). :9415979122 ~'_.!~...~ 11:99AM P5 r. .& a all: '2 OS la:11. ....... "".0'22 ,,;, OR: 4445 PG: 2947 llIIl ADDENDUM TO 8ALES CONmA~J~1 ,.. AI."~ .' "'1: . ~i..l.lrA -.c N.&,......~oa - - -~ ,:If........,........-....r...".... l . ,..;.,..- ~___") ..." ....uGar 1.111. v- ~AftJIS, n. ...,.. .,.. ~ ,__.. c.A1L a: C'OUJU. CXlUI1'Y OO".,.....T ..~!l1IXI'UlIIE) .:~ Qn'el\-r Tt, ~I!DL~QOEL !lA1lITA~' aL"l). S!1.LftSItA"" ~ JIO'IIPI&U......1'O TIll f'IlaIOISD CKIoNGSS. oou.u&1. ((AJN'R.!LL as ~ A. POIl~!OII-=rTn .NlI'IIlTt fAQWO SAMJ'; N'-4DA LOCe\lUJAl "'';5 'Q,A~1'OII7 L'l I&U.aS AlBDIiI~O Ul'a5IEl'II'!D8Y Anou;It'-.L, Y. 'AJa.. 't A.. ilDlOt.:GH TII2~lD IWJam!1Cll. _lJ!IW8J.18l'AJH~tLCO~TtOh ~B'lSJICJI THlftCfta'IY LOC411!DA.Tsr.'S ~TIC'l'UI. SII.LP.a WltL-=-W AU, 1111~ Ila'.'L1'lNC ROY". fDto."i:&>>OATIOR lOa YlJ 'iIU'~' LM. . IllS ~"'.a ,,1lJ. (OrI'nliQI1O U1UIZE 1I!l fA Y. .AftL P.A. ~S nI!UI. C~":'!CJI..\"~ U. THI ...~1HE.....n LOCATEJ) AT 'e7~ WllS1?01.1" II tot.:) AM) 1'. nBn.!IPOA.I 'Y1UI L~" 1'ImI;-'; !~""CGI~ Co'OUtIn', #.r. :....-. Pte) ,e.t... ..' ~.., ~ /ll1I4J!'UtrJks 'J -II-IJ~ .... Plot . - ~..,.,... -- - ~ IOIW --..........--..- (Se....~-) tlwer'e P4tlIId ....) -..........~~~I.U.......... =-_ 10_ ,."...,..... .-...... ........, EKh.A POOR QUALITY ORIGINAL . t** OR: 4445 PG: 2948 ttt lJB I ADDENDUM TO SALES CONTRACT llir I BeM1Ien: AI. V AR.EZ MAIU.ENE NAPIOR rSElLER1. and rBUYER; For the purchase of the following described real property ,Property;: 5675 WESTPORT LN. NAPLES, FL 34116 8.B. Other Terms and Conditions: COWER COUNTY OOVERNMENTHAS EXPRESSED TIlE INTENT TO REDESIGNIREMODEL SANTA BARBARA BLVD. SBLlJDtS HAVE BEEN M.11U'WU. DUE TO 'mE PROPOSED CHANGES, COLLIER COUNTY WILL BE CONDEMlNO A POR.11ON OF nIB PR.OPERTY FACING SANI'A BARBARA LOCATIID AT 5675 WESTPORT LN. SELLERS ARE BEING RBPRESBNTBD BY ATIORNEY BELLA Y. PATEL, P.A. THROUGH nIB CONDEMNATION PROCEEDINGS. SELLER WIlL RETAIN ALL CONDEMNATION RIGIITS FOR nIB PROPERTY LOCATED AT S67S WESTPORT LN. SELLER. WILL RECEIVE ALL nIB PROCEEDS RESULTING FROM 11iE CONDEMNATION FOR S67S WESTPORT LN. THE BUYER. WILL CONTINUE TO unLlZE BELLA y, PATEL, P.A. AS TIIEIR CONDEMNATION AlTORNEY IN 11IE EVENT TIlE PROPERTY LOCATED AT 5675 WESTPORT IS SOLD AND CLOSED BEFORE TIm CONDEMNATION IS EXECUTED BY COLLIER COUNTY. (SeIIe(s Signature) (Date) (Buyer's Signature) (Daea) (SelWa Pmted Name) (8uyer's Printed Name) (SeIer's Signature) (Date) (Buyer's Signature) (Dale) (Seller's Printed Name) (Buyer's Printed Name) Cl2OO2 HIr*s AnIe Bo.d 01 REALTORSe n AsIociIb rI R8II EslIIil ~ Inc. II Rlghll ~ (800 3/21nCl112l .J , MCIlHID OCTI'. LJ..r""H _. ._~,' A RESOLUTION AUfHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY AND STORMWATER RETENTION AND TREATMENT POND SITES IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT- OF-W A Y, DRAINAGE AND/OR UTILITY EASEMENTS, AND TEMPORARY DRIVEW A Y RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCI'lON EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA BARBARA BOULEVARD PROJECf FROM DAVIS BOULEVARD TO PINE RlDOE ROAD (pROJECfNO. 62081). RESOLUTION NO. 2002. J.liL WHEREAS, due to continually increasing traffic volumes on Santa Barbara Boulevard, and due to the pending six-Ianing of Golden Gate Parkway, and due to the new interchange soon to be constructed by the Florida Department of Transportation at the intersection of Interstate 1-75 and Golden Gate Parkway, it is now necessary and it is in the best interests of the citizens of Collier County to expand the capacity of Santa Barbara Boulevard between Davis Boulevard and north of Pine Ridge Road (the "Project"); and WHEREAS, in October 1999, after review of the AUIR (Annual Update and Inventory Repo~t), the expansion of Santa Barbara Boulevard from four lanes to six lancs between Davis Boulevard and Pine Ridge Road was added to the Capital Improvement Element by the Board of County Commissioners; and WHEREAS, on September 12,2000, the Board of County Commissioners approved a negotiated contract for professional engineering services with the firm of WilsonMilIer, Inc., for the design of six-laning improvements to Santa Barbara Boulevard / Logan Boulevard from south of Radio Road I C.R. 856 to north of Pine Ridge Road / C.R. 896, Project No. 6208 I (Cm No. 56), on February 13,2001 the Board of County Commissioners approved Amendment Number One to extend the project limits from south of Radio Road I C.R. 856 to Davis BoulevardlS,R. 84; and WHEREAS. WilsonMilIer, Inc., has produced a 60% design plan which shows the need for additional right-of-way as depicted on Exhibit "A;" and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by WilsonMiller, Inc. along the project conidor, as depicted on Exhibit "A." are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Colller County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. . ~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, that: 1. The Board hils determined that the 'expansion or modification of Santa Barbara Boulevard from Davis Boulevard to north of Pine Ridge Road is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities, such as stormwater retention ponds, is compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 3. It is necessary and in the best interest of Collicr County for the Board to acquire fee simplc parcels, as well as perpetual, non-exclusive road right-of-way, drainage and/or utility easements, and temporary construction easements, and temporary driveway restoration easements within the projeCt corridor identified on Exhibit" A;" and County Staff is hereby authorized and directed to acquire said right-of-way, stormwater retention pond sites, and associated easement intcrests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. I. The Board hereby authorizes its present Chairman and any subsequent cHairman, for the lifc of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquisition of property rights necessary for the construction of the Project. .:!J r. 7. In those instances where negotiated settlements are obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of property rights above the staff compensation estimate or appraised value, and pay normally related costs, when it is in the best interest of the Project, and when the difference between the proposed negotiated settlement amount (purchase price) and compensation estimate (or the appraised value) is less than -Page 2-