Parcel 121TDREPROJECT: 66066 Bridge Repairs — White & Cypress
PARCEL No(s): 121TDRE
FOLIO No(s): 37340840003
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement ") is made and entered into on this i ` day
of Cc 10 -1..,, , 2015, by STEVE M. SAID and DIANNE A. SAID, husband and
wife, whose mailing address is 3161 White Boulevard, Naples, FL 34117 (hereinafter
referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of
Florida (hereinafter referred to as "County "), whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TDRE ") over, under, upon
and across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TDRE to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non - monetary benefit to Owner resulting from
a smooth transition between Owner's existing driveway and the new roadway, and
desires to convey the TDRE to the County for the stated purposes, on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of these premises set forth above, 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. RECITALS - 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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum
of:
$400.00
N 6
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9
of this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final
settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and
other improvements (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
said Easement to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. DOCUMENT DELIVERY - Owner shall deliver the properly executed TDRE
instrument to County within 30 days of the date of this Agreement.
4. RECORDING FEES - The County shall pay for all costs of recording the
TDRE instrument in the Public Records of Collier County, Florida.
5. EFFECTIVE DATE - 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.
6. TERM OF EASEMENT - The term of this TDRE shall commence upon the
issuance of Grantee's official Notice to Proceed to its roadway contractor for the
construction of Bridge Repairs — White Boulevard and Cypress Canal — Project 66066,
and shall automatically terminate 1,095 days therefrom.
7. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will have
breached this Agreement and the other party may provide written notice of said breach
to the party in breach, whereupon the party in breach shall have 15 days from the date
of said notice to remedy said breach. If the party in breach shall have failed to remedy
said breach, the other party may, at its option, terminate this Agreement by giving
written notice of termination to the party in breach and shall have the right to seek and
enforce all rights and remedies available at law or in equity, including the right to seek
specific performance of this Agreement.
8. ENTIRE AGREEMENT - 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
me
covenants not contained herein. This Agreement may only be amended in writing by the
parties hereto.
9. VENUE - 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
4-
uty Clerk
Attest a a: Pan s
AS T09D
DATED: t�j��� j'
Wit ess ( ignature)
S881 15ZE4 sbnl
Name (Print or Type)
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Witrf6ss (Signature)
MICHELLE, L. SWEET
Name (Print or Type)
Approved as to form and legality:
Assistant Countv Attorney
BOARD OF COUNTY COMMISSIONERS
COLLI TY FLORIDA
BY.
TIM NANCE, Chairman
STEVE M. SAID
DIANNE A. SAID
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