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Agenda 04/25/2017 Item #16A 804/25/2017 EXECUTIVE SUMMARY Recommendation to approve five agreements for the purchase of six easements required for the construction of a replacement weir on the Golden Gate Main Canal between 8th and 10th Streets Northeast. Golden Gate Main Canal Weir No. 4, Replacement (Project No. 60204). Estimated fiscal impact: $11,300. OBJECTIVE: To acquire six easements needed to replace a weir (Weir GG4) on the Golden Gate Main Canal between 8th and 10th Streets Northeast. CONSIDERATIONS: Five temporary construction easements and one permanent construction, operation and maintenance easement are needed from four property owners to replace Weir GG4. The weir is thirty years old and nearing its life expectancy. The new weir will provide greater operational flexibility and flood protection. This project is being undertaken as part of the South Florida Water Management District’s (the District) obligation to operate and maintain the Golden Gate Main Canal under a Cooperative Agreement between the District (on behalf of the Big Cypress Basin) and Collier County, dated October 13, 2000, as amended. Compensation amounts to the various property owners are a function of the size of the easements involved as well as costs for minor fence re-configurations on certain parcels. The land values and associated costs have been reviewed by in-house real estate appraisal staff and are deemed to be in-line with current market levels for the area. Due to the small size of these easements, and their insignificant impact on the underlying properties, the agreed upon compensation figures are relatively minor. Staff is recommending that the Board of County Commissioners (Board) authorize the purchase of these easements at the prices listed below: Parcel 101TCE (Reed-Betts) $1,000 Parcel 102TCE1(Batchelder-Rios) $2,500 Parcel 102TCE2(Batchelder-Rios) $1,000 Parcel 103TCE(Langford) $1,000 Parcel 104TCE(Tiberio) $ 700 Parcel 104DAME(Tiberio) $4,300 TOTAL $10,500 FISCAL IMPACT: The estimated fiscal impact associated with this item is $11,300 and includes the aggregate negotiated purchase price of $10,500 plus recording and mortgage subordination fees estimated not to exceed $800. Funds are available in Project No. 60204 within the Stormwater Capital Improvement Fund 325. The source of funds is transfer from the Unincorporated Capital Improvement Fund (111). The District has agreed to fully reimburse the County for all of the costs of acquiring foresaid easements and will also pay for all of the costs of constructing the weir. The new weir will be operated and maintained by the District under the Cooperative Agreement referenced above; therefore, the County will not incur any maintenance costs arising from this project. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority for Board approval. - JAB GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals, objectives, and 04/25/2017 policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. RECOMMENDATION: 1. To approve the attached five Easement Agreements (Parcel 101TCE, Parcels 102TCE1 & 102TCE2, Parcel 103TCE, Parcel 104TCE, and Parcel 104DAME) and authorize the Board’s Chairman to execute same on behalf of the Board; 2. To accept the conveyance of Parcels 101TCE, 102TCE1, 102TCE2, 103TCE, 104TCE, and 104 DAME to Collier County and authorize the County Manager or his designee to record the conveyance instruments in the public records of Collier County, Florida; 3. To authorize the payment of all costs and expenses necessary to close these transactions; 4. To authorize the County Manager or his designee to take the necessary measures to ensure the County’s performance in accordance with the terms and conditions of the agreements; and 5. To approve any and all budget amendments which may be required to carry out the collective will of the Board. Prepared By: Karen Dancsec, Property Acquisition Specialist, ROW, Transportation Engineeri ng Division ATTACHMENT(S) 1. 101TCE Agreement (PDF) 2. 102TCE1-TCE2 Agreement (PDF) 3. 103TCE Agreement (PDF) 4. 104DAME Agreement (PDF) 5. 104TCE Agreement (PDF) 6. Location Map (PDF) 7. SFWMD Cooperative Agrmt as Amended (PDF) 8. 104TCE and 104DAME (TXT) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 2936 Item Summary: Recommendation to approve five agreements for the purchase of six easements required for the construction of a replacement weir on the Golden Gate Main Canal between 8th and 10th Streets Northeast. Golden Gate Main Canal Weir No. 4 Replacement (Project No. 60204). Estimated fiscal impact: $11,300. Meeting Date: 04/25/2017 Prepared by: Title: Property Acquisition Specialist – Transportation Engineering Name: Karen Dancsec 03/21/2017 9:25 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 03/21/2017 9:25 AM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Completed 03/23/2017 4:10 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/28/2017 11:42 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/28/2017 1:52 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/28/2017 2:39 PM Growth Management Department Diane Lynch Additional Reviewer Completed 03/28/2017 3:41 PM Growth Management Department Gene Shue Additional Reviewer Completed 03/28/2017 4:00 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/29/2017 8:59 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/29/2017 10:09 AM Growth Management Department James French Additional Reviewer Completed 03/31/2017 10:52 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2017 8:39 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2017 9:16 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/17/2017 4:09 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 8:22 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 101TCE FOLIO No(s): Portion of 39260780005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ► � day of J un�cc� 2 t by and between SUSAN R. REED -BETTS AND GARDINER VV. BETTS, wife and husband, whose mailing address is 770 8th Street NE, Naples, FL 34120-2047 (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County' easements immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, it is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this Easement; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 41) which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 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 TCE to County for the sum of: $1,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, 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 (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, 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. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non -Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and 6 (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the TGE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. 6 (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the }property underlying the TCE or its intended use by County. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, County may elect to pay reasonable 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 TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien -holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall he deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. 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. 9 10. PUBLIC DISCLOSURE - If the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. ENTIRE AGREEMENT - Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 12. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 13. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk PENNY TAYLOR, CHAIRMAN ck, AS TO OWNER: DATED: i I b 10 I Witness (Signature) a I i 6L R aci Name (Print Z,12)7! Witness Signature) M . 11,0 I-nel Name (Print or Type Witness (Signature) Name (Print or Approved as to form and legality: Jennifer A. 6elpedio tion Assistant County Attorney �vv �L SUSAN R. REED -BETTS a,, e 1 r SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" PORTION OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 49 PAGE 1 OF 2 (P.B. 5, PGS. 8"1, G.C.R.) COLLIER COUNTY, FLORIDA �p z lwl i I„� :z• IUJ Emi SITE I r• _ sx LU ' I1 Ini I� s, { I I If TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION: LOCATION SKETCH DURATION: 3 YEARS NOT TO SCALE A portion of the South 165 feet of Tract 16, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 165.00 feet of the West 25.00 feet of the East 95.00 feet, Less and Except the North 25.00 feet therefrom; of Tract 16. Said land lying in Collier County, Florida, and contains 3,500 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch ore not valid without the signature and the original raised seol of a Florida licensed surveyor and mapper. y� 50 S.W 2nd A VENUE, SUiE 102 2. No Title Opinion, or Abstroct to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 59$ 3. No underground improvements were located. t na Ske",s:no woaemj of AVIROM a.assoCOTES. AIC. ,7rd suKdd nor ae mPma& d of mad mmme w,"n vefn=s Ir 4. data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plct Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way, SO.FT. = Squcre Feet; S.F.W.M_D. South Florida Water Management district. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florido Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: —¢— --� NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS PARCEL10ITCE C E—A—TOW, P.L.S. TECM - ROW Florida Registration No. 5328 JUL 5 2016 AVIROM & ASSOCIATES, INC. L.B. No. 3300 JOB #. AVIROM & ASSOCIATES, INC. p� & nssvo� SURVEYING & MAPPING y� 50 S.W 2nd A VENUE, SUiE 102 M BOCA RATON, FLORIDA 33432 CHEMD: TEL (561) 392.2594. FAX (561),394-7125 fi�'d9uSxE9 www. A VIROMSURVEY. com 59$ ©2716 AV1ROM d ASSOVATES, &KC- ae nghis mwK+ d. t na Ske",s:no woaemj of AVIROM a.assoCOTES. AIC. ,7rd suKdd nor ae mPma& d of mad mmme w,"n vefn=s Ir JOB #. 10024-1 G SCALE: , ... — 1. 30 DATE: 06/2412016 BY: S.R.L CHEMD: K.M.C. F.B. — PG. - SHEET: 1 OF 2 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PORTION OF TRACT 17, GOLDEN GATE ESTATES UNIT NO. 49 EXHIBIT "A (P.B. 5, PGS. 80-81, C.C.R_) PAGE 2 OF 2 COLLIER COUNTY, FLORIDA TEMPORARY C 30 60 CONSTRUCTION EASEMENT DURATION- 3 YEARS GRAPHIC SCALE IN FEET 1.=30' QinaQu] tjj 46 NOF NEE SO SOUTHTH f65' I GOLDEN GA TE CANAL — OF TRACT" 16 � —-------- EAST 95. OF THE SOUTH 165' rRAcr 1s KEsr 25' of THE EAST 95' OF 7 77-7 7PE SOUTH 165' TRACT 16 Er � D U- Q , z tz z"S 0 Li aato F' ti 4-j f pQt '5 a �W� C` toa �� 'Q z� z� aoy :b CZ C5 a7 Z m uoLri a •_ � a"6 za ¢ ozI ❑ `' v i PARCEL101TC-E j TECM -ROW JUL 5 2016 SOUTH UNE TRACT 16 SOUTH UNE TRACT 21 (P.S. 5 PGS 80-81, C C.R. ) (P.S. 5, PGS W-81, C. C R.) j NOT VALID WrrHOUT SHEETS 1 AND 2 REVISIONS AVIROM & ASSOCIATES, INC. o� &ASSOC,SURVEYING & MAPPING JOB 10024-1G SCALE: 1*-30' v� 50 S. W 2nd AVEl UF_ SU7E 1c2 DATE: 06124=16 s H BOCA R470N,, FLORfDA 33432 BY: SARL 715L. (561) 392-2594. FAX (561) 334-7125 CHECKED: iC M.C. wwm A VIROMSURVEY.com �+eusrm'0� @2910 A VOROV S ASSOC+ArES, INC. atl np a mwrn d. F.B. -- PG. — Vnz sk&fcn rs .Yla j7=rry Of AYIR[7hf d ASSM7U S, ;NC- a. c �rou 4 nar tr rcpmd' ccd crcapKe m : rmnen aennr SHEET: 2 OF 2 . _.. PROJECT: 60204 - Golden Gate Main Canal Weir No. 4 (GG4) Replacement PARC E L(s) : 102TC E 1 /TC E2 FOLIO(s): 39261000001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 2017, by and between CLAIRE BATCHELDER RIOS whose mailing address is Cheong Hong Mansion 1/F Flat E, 25-33 Johnston Rd, Wanchai, HK (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County has requested that Owner convey to the County two (2) Temporary Construction Easements over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County's property and easements immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under these Easements; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 O�� which are 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 TCE to County for the sum of: $3,500 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easements 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 (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easements; (c) Closing Statement; (d) Owner's Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by County. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, County may elect to pay reasonable 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 TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien -holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easements are acquired under threat of condemnation. 8. TERM OF EASEMENTS - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its roadway contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. 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 trustee(s), and/or assignees, whenever the context so requires or admits. 10. PUBLIC DISCLOSURE - If the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. ENTIRE AGREEMENT - Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 12. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 13. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY.- Deputy Y:Deputy Clerk CHAIRMAN AS TO OWNER: DATED: Ji t L' ' Z -)C , ZVI/ Witness (Signature) Name (Print or Type) A Witness (Signature) :�Ati'R(� f\ Ntt, Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney CLAIRE BATCHELDER RIOS (9 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PORTION OF TRACT 21, GOLDEN GATE ESTATES UNIT NO. 49 (P,B. 5, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA LAND DESCRIPTION: CANAL W � 19 � 54 Z SITE � 5.3 fff tb Z 21 I LLQf I 0 Hrj 52 t�+ unrecorded) which may affect the subject LOCATION SKETCH NOT TO SCALE EXHIBIT Page' .ofd, TEMPORARY CONSTRUCTION EASEMENT DURATION: 3 YEARS A portion of Tract 21, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 165.00 feet of the North 190.00 feet of the East 150.00 feet of the West 245.00 feet of said Tract 21, Said land lying in Collier County, Florida, and contains 24,750 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of o Florida licensed surveyor and mapper. 2, No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor, 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5, Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P,B. = Plat Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way; SQ,FT.= Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direction, I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: NOT VALID WITHOUT SHEETS 1 AND 2 KEIT M. HE –A–TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. L.B. No. 3300 PARCEL 102TCE1 TECM -ROW APR 1 2016 REVISIONS AVIROM & ASSOCIATES, INC. JOB#: 10024-1C REVMD SKETCH 03/09/16KSB &ASS SCALE: V=40' _�—___...____. �o� oc�p.� SURVEYING &MAPPING 50 S. VL 2nd AVENUE, SUITE 102 DATE: 0 111 2/201 6 M BOCA RATON, FLORIDA 33432 BY: KSB TEL. (561) 392-2594, FAX (561) 394-7125 mm.AVIROMSURVEYcom CHECKED: K.M.C. ----- a4Isrreo +a� rJo 2018 AVIROM 8 ASSOCIATES, INC, a8riols resmed. F.B. PG, This sketch is the propem/ of AVlROM B ASSOCIATES, lA'C. andshouldnot be reproduced oreokdWftut w0en permiss:on. SHEET: 1 OF 2 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PORTION OF TRACT 21, GOLDEN GATE ESTATES UNIT NO. 49 (P.B. 5, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA 0 40 80 GRAPHIC SCALE IN FEET 1 "=40' S. F. W. M. D. GOL DEN GATE CANAL TEMPORARY CONSTRUCTION EASEMENT DURATION: 3 YEARS TRACT 20 GOLDEN GA TE ES TA TES UNI T N0. 49 (P.B. 5, PGS 80-81, C.C.R.) cAnIDI Page_L�of � z SOUTH LINE TRACT 20 (P.O. 5, PGS. 80-81,C.C.R.)� TIC _ NORM LINE TRACT' 21 25' ACCESS ROAD R/i1W (P.B, 5, PGS. 80-81, C.C.R.) f (O.R. B. 1184, PO 1405, C. C.R. ir / 150'//r 5 r Tf' THE',WEST/245' i TRAGT�1i/ /' 4a I- o ro v I / 1 Eh OR4RY CON77 STR!lC0N %j� i''A/P,OR,710N;QF,TRAG{ji?1 ►- � � Q- � r / •'/ O' r / U + -24,`750 sq.fts /moi �fJ� �Fa 4� a Uj i' r Q Q WEST 245' TRACT 21 SFWMD STRUC7URE R/W (O,R.B. 1182, PG. 828, GOLDEN ' 1 ' 1 � NOT VALID WITHOUT SHEETS 1 AND 2 TRACT 21 GA TE ES TA TES UNI T NO. 49 B. 5, PGS 80-81, C.C.R.) PARCEL 102TCE1 TECM -ROW APR 1 2016 REVISIONS AV/ROM &ASSOCIATES, INC, S, AS 0 oo�q SURVEYING &MAPPING 50 S. W 2nd AVENUE, SUITE 102 Q M BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (569) 394-7125 e, mm, AVIROMSURVEYcom '4NIS4 019 ©2018 AV/ROM&ASSOCIATES, mx. aY fights reserved. This sketch is tho property of AVIROM & ASSOCIATES, INC. and should not ba reprcduc--d or coped nithcut writtan permission. JOB 4: 10024-1C REVISED SKETCH 03/09/16 KSB SCALE: 1' ❑ 40' DATE: 011121201$ BY: KSB _ CHECKED: K.M.C. --- F.B. PG. -- -_ _. SHEET: 2 OF 2 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PORTION OF TRACT 21, GOLDEN GATE ESTATES UNIT NO. 49 (P.B. 5, PGS. 80-81, C.G.R.) COLLIER COUNTY, FLORIDA EXHIBIT r y Page 3 ofd TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION: LOCATION SKETCH DURATION: 3 YEARS NOT TO SCALE A portion of Trcct 21, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 140.00 feet of the East 25.00 feet of the West 95.00 feet of said Tract 21. Said land lying in Collier County, Florida, end contains 3,500 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised CANAL Florida licensed surveyor and mapper. SCALE: 2. No Title Opinion or Abstract to the subject property has rr--- I l IzLU Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject 5< K M,C. 3. No underground improvements were located. PG, — z w li`). 1 1 I I zo UJ UJ sa 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. �'I lcol I 16 z SITE = Right of I , I LU iQ IF 21 o 52 tt 15 ; i 22 I I 51 EXHIBIT r y Page 3 ofd TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION: LOCATION SKETCH DURATION: 3 YEARS NOT TO SCALE A portion of Trcct 21, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 140.00 feet of the East 25.00 feet of the West 95.00 feet of said Tract 21. Said land lying in Collier County, Florida, end contains 3,500 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. SCALE: 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. K M,C. 3. No underground improvements were located. PG, — SHEET- 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plot Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way; SQ.FT. = Square Feet; S.F,W.M.D, = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: _ — '0' -z' —<2_ .e',1 NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS PARCEL102TCE2 TECM -ROW JUL 5 2016 KEITH MI` EE—A—TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. L.B. No. 3300 AVIROM & ASSOCIATES, INC. JOB #: 10024-1 H 0 &ASSoo� y� G y HED iq8� SURVEYING & MAPPING 50 S. W 2nd AVENUE, SUITE 102 BOCA BATON, FLORIDA 33432 TEL (561) 392-2594, FAX (561) 394-7125 www AVIROMSURVEY,cam ©2018 AVIROM 6 ASSOCIATES. INC. all ngh,'S tMro -d. This sxe!c11 IS the propeiy of AVIROM & ASSOCIATES, INC. and shouid not be teproducod orcopied mthout whiten permission. SCALE: 1"=30' DATE: 06124/2016 BY: SRL CHECKED: K M,C. FR — PG, — SHEET- 1 O F 2 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT EXHIBIT= PORTION OF TRACT 21, GOLDEN GATE ESTATES UNIT NO. 49 Pageof_�__ (P.B. 5, PGS. 80-81, C.C.R_) COLLIER COUNTY, FLORIDA 0 30 60 TEMPORARY CONSTRUCTION EASEMENT GRAPHIC SCALE IN FEET DURATION: 3 YEARS 1"=30' SFWMD STRUCTURE R/W (O.R.S. 1182, PG. &28, C GR.) 1 SFWMD PROPERTY VIA y WARRANTY DEED (O.R.B. 7184, PG. 1404, C.C.R.) E___. — — — _ — L SOUTH UNE TRACT 16 SOUTH UNE TRACT 21 (P.$. 5, PGS 80-81, C. C R.)� f / (P. B. 5, PGS. 80-81, C. C R.) S.FLW M.M.D. GOLDEN GATE CANAL i 1 NOT VALID WITHOUT SHEETS 1 AND 2 EAST 25' OF THE WEST 95' OF THE SOUTH 140' TRACT 21 WEST 95' OF JOBS: 10024-1H 7Hr SOUTH 140'- SCALE: 1"= 30' 7RACT 21 O jCi c� r L7 BY: S.R.L. Q om/ W-a� N Z L SOUTH UNE TRACT 16 SOUTH UNE TRACT 21 (P.$. 5, PGS 80-81, C. C R.)� f / (P. B. 5, PGS. 80-81, C. C R.) S.FLW M.M.D. GOLDEN GATE CANAL i 1 NOT VALID WITHOUT SHEETS 1 AND 2 EAST 25' OF THE WEST 95' OF THE SOUTH 140' TRACT 21 AVIROM & ASSOCIATES, INC. ASS Soci SURVEYING & MAPPING O Q. ��"" y� 50 S.W. 2nd AVENUE. SUI' 102 G JT y BOCA RATON. FLOR DA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVJROMSURVEY.com �sl'g9L13.4E0 1gE� ©2016 AVIROM & ASSOCIATES -WC. at; rights reSenmd. This sketch is the propenY o/ AWROM & ASSOCIAut TES. . and should not be reproduced orcopoed �wtl+own"t ' pormission. JOBS: 10024-1H O SCALE: 1"= 30' ZZQ� O jCi c� r L7 BY: S.R.L. Q om/ W-a� N _ L U x o �C Q � �o�,� lx -t- ct L SOUTH UNE TRACT 16 SOUTH UNE TRACT 21 (P.$. 5, PGS 80-81, C. C R.)� f / (P. B. 5, PGS. 80-81, C. C R.) S.FLW M.M.D. GOLDEN GATE CANAL i 1 NOT VALID WITHOUT SHEETS 1 AND 2 EAST 25' OF THE WEST 95' OF THE SOUTH 140' TRACT 21 PARCEL102TCE2 TECM -ROW JUL 5 2016 REVISIONS AVIROM & ASSOCIATES, INC. ASS Soci SURVEYING & MAPPING O Q. ��"" y� 50 S.W. 2nd AVENUE. SUI' 102 G JT y BOCA RATON. FLOR DA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVJROMSURVEY.com �sl'g9L13.4E0 1gE� ©2016 AVIROM & ASSOCIATES -WC. at; rights reSenmd. This sketch is the propenY o/ AWROM & ASSOCIAut TES. . and should not be reproduced orcopoed �wtl+own"t ' pormission. JOBS: 10024-1H O SCALE: 1"= 30' n O jCi c� r L7 BY: S.R.L. Q om/ Q_ F.B. — PG. - - t SHEET: 2 0 F 2 Q � PARCEL102TCE2 TECM -ROW JUL 5 2016 REVISIONS AVIROM & ASSOCIATES, INC. ASS Soci SURVEYING & MAPPING O Q. ��"" y� 50 S.W. 2nd AVENUE. SUI' 102 G JT y BOCA RATON. FLOR DA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVJROMSURVEY.com �sl'g9L13.4E0 1gE� ©2016 AVIROM & ASSOCIATES -WC. at; rights reSenmd. This sketch is the propenY o/ AWROM & ASSOCIAut TES. . and should not be reproduced orcopoed �wtl+own"t ' pormission. JOBS: 10024-1H SCALE: 1"= 30' DATE: 06124/2016 BY: S.R.L. CHECKED: K.M.C. F.B. — PG. - - t SHEET: 2 0 F 2 PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 103TCE FOLIO No(s): Portion of 39260800008 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 2017, by and between LAMAR LANGFORD AND LINDA C. LANGFORD, husband and wife, whose mailing address is 5225 Dixie Drive, Naples, FL 34113-7647 (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County' easements immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to''County under this Easement; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 9 O 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 TCE to County for the sum of: $1,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the. "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, 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 (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, 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. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non -Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to SO consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by County. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, County may elect to pay reasonable 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 TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien -holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. 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 trustee(s), and/or assignees, whenever the context so requires or admits. 10. ENTIRE AGREEMENT - Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 11. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 12. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk AS TO OWNER: DATED: Witness (Signature) 4a'(cy C - 4ejpao'-, Name (Print or Type) rdlaLff 14,± Wi ess (Signature) WCHELLF. L. SWEET Name (Print or Type) ir'� on LAMAR LANGFORb E O L�, rr /�,� Witness (Signature) Name (Print or Type) Witness (Signature) MICRMLE L. SWLB'[" Name (Print or Type) Approved as to form and legality: 4NL l DA C. LANGFOR Jennifer A. Belped` o ` 3�� Assistant County Attorney cz��e O SKETCH AND DESCRIPTION EXHIBIT "A TEMPORARY CONSTRUCTION EASEMENT Page 1 of 2 PORTION OF TRACT 17, GOLDEN GATE ESTATES UNIT NO. 49 (P.B. 5, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA z CANAL. South 165.00 feet of the West 25.00 feet of the East 95.00 feet of said Tract 17. Sold land lying in Collier County, Florida, and contains 78.. � i 19 54 W Z been provided. It is possible that there are 175 unrecorded) which may affect the subject SITE property. No search of the Public Records has been made by the Surveyor. to 17 I 20 W M gopIit 4. 11 s2 boundary F L_L_ 5, Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; 'O.R.B. TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION: LOCATION SKETCH DURATION: 3 YEARS NOT TO SCALE A portion of Tract 17, GOLDEN GATE ESTATES UNIT NQ. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 165.00 feet of the West 25.00 feet of the East 95.00 feet of said Tract 17. Sold land lying in Collier County, Florida, and contains 4,125 square feet, more or less. SURVE'YOR'S 'REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a SCALE: 1` = 3W Florida licensed surveyor and mapper, DATE: 41/1212016 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other Instruments (recorded or unrecorded) which may affect the subject SHEET: i OF 2 property. No search of the Public Records has been made by the Surveyor. 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey, 5, Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; 'O.R.B. Official Records Book; P,B. = Plot Book; PGS. - Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way, SQ,FT, = Square Feet; S.F,W,M.D. = SouthFlorida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direction. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes, Date: _ '' NOT VALID WITHOUT SHEETS 1 AND 2 i- KEITH M. -—A--TOW,P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. L.B. No. 3300 PARCEL 103TCE TECM -ROW APR 1 2016 REVISIONS AVIROM & ASSOCIATES, INC. C� �, assoo� SURVEYING & MAPPING 50 S,W. 2nd AVENUE, SUITE 102 4 >r BOCA RATON, FLORIDA 33432 TEL (561) 392-2594, FAX (561) 394-7125 YmAY.AVIROMSURVEY.com '!$IISHED �1i� 02018 AVIROM B ASSOCIATES, INC. 89 Obtsreserwed. Thissketch 7s fhe pro 0! AVIROM d ASSOCIATES, INC. Ardshovleeotberepmducedorcop�edlttha,twdRenpea'r,4 n. JOB M 10024-1 B REVISED EASEMFNT ARBA 03/09/16 KS8 SCALE: 1` = 3W DATE: 41/1212016 BY: KSB CHECKED: K.M.C. F.D. — Pp, SHEET: i OF 2 SKETCH AND DESCRIPTION EXHIBIT "A TEMPORARY CONSTRUCTION EASEMENT Page 2 of 2 PORTION OF TRACT 17, GOLDENGATEESTATES UNIT NO. 49 (P.B. 5, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA TEMPORARY 0 30 60 CONSTRUCTION EASEMENT DURATION: 3 YEARS GRAPHIC SCALE IN FEET 1--30' I� SF W.M.D. GOLDEN GATE CANAL EAST 95' OF _ I —,% 7HETRAC SOUTH 785' WEST 25' OFr'/ I THE EAST 95 OF THE TRAC � 785' O Qs ZZ 00 M8 h N 00 ti w uaiy�- U yr W{ ao U W f h Q ro �u f %��o: �. vis`•' ` `i ti o: o � � W Q (.) � I tau CO dui 0. a c ' / h + t\ a p f / d Z IN f SOUTH LINE TRACT 17 SOUTH LINE TRACT 20 (Ra 5, PGS 80-81, CCR.) (P,B. 5, PGS. 80-81, C.C,R.) 25'ACCESS Rogo R/w SFWMD STRUCTURE %1W (O.RB. 1182, PG. 629, CC,R) (O.R.B, 1182, f1P 628, C.C.R.) I PARCEL 10737TCE TECM -ROW APR 1 2016 NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS AVIROM &ASSOCIATES, INC. JOB 10024-1B RENSED EASEMENT AREA 03/09/16 KSB Qd`&ASSO SURVEYING? & MAPPING SCALE: 1'=30' 50 S.W. 2nd AVENUE, SUITE 102 DATE: 0111212018 �rd BOCA RATON, FLORIDA 33432 BY KSB TEL. (561) 392-2594, FAX (.61) 394-7125 mmAVIROMSURVEY.com CHECKED: K.M.C. (e[ /SHED 19� 2010 AVIRCM 8 ASSOCIATES, INC. al tights reserved. F.B. PG. This sketch is the props ty of AV(ROM d ASSCQfA7E$ INC: andshouid0014TP gZZA copied%Af'h' utCZZ, ,e-Zi'sion SHEET: ©F-:2. PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 104DAME FOLIO N): Portion of 39260980009 EASEMENT AGREEMENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF WEIR AND CANAL RIGHT OF WAY THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2017, by and between ROBERT E. TIBERIO AND JACQUELYN C. TIBERIO, husband and wife, whose mailing address is 811 10th St. NE, Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual, non exclusive Easement for Construction, Operation and Maintenance of Weir and Canal Right of Way over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement") for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with 1) constructing, operating and maintaining a stabilized access and maintenance path capable of providing access for vehicles and equipment for maintenance of drainage facilities within the drainage easement immediately adjacent thereto, and 2) canal excavation and realignment, constructing, operating and maintaining a weir and related facilities, and constructing, operating, replacing and maintaining said canal, weir and related facilities within the South Florida Water Management District property and County's drainage easement immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and nightly parking of vehicles and equipment, with nightly parking being restricted to periods of construction only; (v) dewatering; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this Easement; and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. (9 Page 2 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. 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: $4,300.00 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 or funds wire transfer, 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 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. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Access and Maintenance Easement, (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non -Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and ccl�) Page 3 (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to 100 Page 4 perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or Page 5 threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County and the South Florida Water Management District against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien -holders and/or easement -holders 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 Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien -holder or other encumbrance -holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." 10. PRIOR YEAR AD VALOREM TAXES -There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. 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. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, (a Page 6 Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. 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. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk PENNY TAYLOR, CHAIRMAN 0 AS TO OWNER: DAT D: 3'Zz- i Witne Sig ature) NaTp7rint or Type) i Witne s (Signature) oI A;c Ch Name (Print or Type) nature) Name (Print or Witness (Signature) o/ ( (gk Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio Assistant County Atto \r�4 ROBERT E. TI ERIO J QU N C. f IBERIO Page 7 0 SKETCH AND DESCRIPTION PERPETUAL NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT PORTION OF TRACT 20, GOLDEN GATE ESTATES UNIT NO. 49 (P.B. S, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA LAND DESCRIPTION �CHi�iT r� �....L_. of_l__.,_ NOT TO SCALE A portion of Troct 20, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 30.00 feet of the East 30.00 feet of the West 100.00 feet of said Tract 20. Said land lying in Collier County, Florida, containing 900 square feet, more or less. SURVEYOR'S REPORT: 1, CANAL signature and the original raised seal of a 10024-1A.2 -- ' SCALE: 18 1 z 1 19 41 I I 54 IWi Z. 1 W z �- 17 SITE W 5.) IWI (0' 1 property. No search of the Public Records has been made by the Surveyor. !mI 1 1 t8 ; ~ I 21 a rn = 52 I I iii 4. i ( o boundary Survey. LOCATION SKETCH �CHi�iT r� �....L_. of_l__.,_ NOT TO SCALE A portion of Troct 20, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 30.00 feet of the East 30.00 feet of the West 100.00 feet of said Tract 20. Said land lying in Collier County, Florida, containing 900 square feet, more or less. SURVEYOR'S REPORT: 1, Reproductions of this Sketch are not valid without the signature and the original raised seal of a 10024-1A.2 -- Florida licensed surveyor and mapper, SCALE: 1" = 30' 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are BY: Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject K.M.C. property. No search of the Public Records has been made by the Surveyor. F.B. — 3. No underground improvements were located. SHEET: 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary Survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; PGS. = Pages; P.L,S. = Professional Land Surveyor; R/W = Right of Way; SQ.FT. = Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. TECM .- ROW MAR 0 1 2017 Orate: _C,-_/�_' 7� ,`_�'�i7 NOT VALID WITHOUT SHEETS 1 AND 2 KEITH M, HE —A—TOW-P-L.S. Florida Regi ration No. 5328 AVIROM & ASSOCIATES, INC, L.B. No. 3300 REVISIONSAV/ROM & ASSO QOM C�9� a y &ASSOCIATES, INC. SURVEYING & MAPPING 50 S, W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www,AVIROMSURVEY.com ®2016 AVIROM d ASSOCIATES, INC. ell rights reserved, This sketch is the property of AVIROM d ASSOCIA TES, INC. and should not be nrproduced or copied without written permission. JOB #: 10024-1A.2 -- REVISED EASEMENT AREA 03/09/16 K58 SCALE: 1" = 30' REVISED EASEMENT AREA 01/27/2017 S.R.L. DATE: 01/12/2016 BY: KSB CHECKED: K.M.C. F.B. — PG. — SHEET: 1 OF 2 SKETCH AND DESCRIPTION PERPETUAL NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT PORTION OF TRACT 20, GOLDEN GATE ESTATES UNIT NO. 49 (P.B. 5, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA LEGEND �a PERPETUAL NON-EXCLUSIVE DRAINAGE, ACCESS AND GRAPHIC SCALE IN FEET MAINTENANCE EASEMENT 1"=30' 1 S.F. W.M.D. GOLDEN GATE CANAL EM1$IT ZZ 00 Li00 W CL zv C. n� NOT VALID WITHOUT SHEETS 1 AND 2 W ygWoCE a 4q C'q VhWvc.� �hhQ I C) Q V p Q 44- (z) L6 + m WQ 0. WEST 100' OF THE SOUTH 30' TRACT 20 OUTH LINE TRACT 20 RB. 5, PGS. 80-81, C.C.R.) E R/W C C. R.) rn z� C~.tV V WU SCALE: � U REMSEO EASEMENT AREA 01/27/2017 S.R.L, DATE: 01I12/2016 LQ BY: (~jq� � I �L Qa m Cd O m SHEET: oCd 4 O t NOT VALID WITHOUT SHEETS 1 AND 2 W ygWoCE a 4q C'q VhWvc.� �hhQ I C) Q V p Q 44- (z) L6 + m WQ 0. WEST 100' OF THE SOUTH 30' TRACT 20 OUTH LINE TRACT 20 RB. 5, PGS. 80-81, C.C.R.) E R/W C C. R.) EAST 30' OF THE WEST 100' OF THE SOUTH 30' TRACT 20 I 25' ACCESS ROAD R/W (0. R. B. 1184, PG. 1405, C.C.R.) k ------- REVISIONS rn AVIROM & ASSOCIATES, INC. SURVEYING &MAPPING 50 S W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL (561) 392.2594, FAX (561) 394-7125 www. AVIROMSURVEY com ©2016 AVIROM d ASSOCIATES, INC. all rights reserved This sketch is the property o/ AVIROM & ASSOCIATES, INC. sod should not be reproduced or copied without written permission. z 10024-1A.2 C.i SCALE: � U REMSEO EASEMENT AREA 01/27/2017 S.R.L, DATE: 01I12/2016 BY: (~jq� r7�W� CHECKED: W -- Lr PG. - m SHEET: Z 4 O SOUTH 30' OF O THE EAST 30' OF THE WEST 100' TRACT 20 EAST 30' OF THE WEST 100' OF THE SOUTH 30' TRACT 20 I 25' ACCESS ROAD R/W (0. R. B. 1184, PG. 1405, C.C.R.) k ------- REVISIONS S, ASS to �Ci 4 Q m �srgBGISHEO 1y0 AVIROM & ASSOCIATES, INC. SURVEYING &MAPPING 50 S W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL (561) 392.2594, FAX (561) 394-7125 www. AVIROMSURVEY com ©2016 AVIROM d ASSOCIATES, INC. all rights reserved This sketch is the property o/ AVIROM & ASSOCIATES, INC. sod should not be reproduced or copied without written permission. JOB#: 10024-1A.2 REVSE0 EASEMENT AREA 03/09/16 KSB SCALE: 1" = 30' REMSEO EASEMENT AREA 01/27/2017 S.R.L, DATE: 01I12/2016 BY: KSB CHECKED: K.M.C. -- F.B. — PG. - SHEET: — 2 OF 2 PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 104TCE FOLIO N): Portion of 39260980009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2017, by and between ROBERT E. TIBERIO AND JACQUELYN C. TIBERIO, husband and wife, whose mailing address is 811 10th St. NE, Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County's easement immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this Easement; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 are 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 TCE to County for the sum of: $700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, 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 (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, 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. Notwithstanding the foregoing, County shall ensure that a cluster of three slash pine trees located close to the canal bank in the middle section of the Easement shall be avoided during site clearing and construction of the project. These trees have been marked with yellow tape and are more fully described and depicted in Exhibit "B" attached hereto and made a part hereof. 3. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement, (c) Closing Statement; (d) Owner's Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by County. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, County may elect to pay reasonable 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 TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien -holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. 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 trustee(s), and/or assignees, whenever the context so requires or admits. 10. ENTIRE AGREEMENT - Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 11. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 12. 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 Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. PENNY TAYLOR, CHAIRMAN AS TO OWNER: DATED: i �K,4LZf,41 >� itne (Sign ture) Nam Print 6r Type) l WiCress ( gnature) Name (Print or Type) U Name)(Print or Type) fitness (Signature) 6,'p/ /U O c'h o JS Name (Print or Type) Approved as to form and legality: !"c. I K 'A� � - Jennifer A. Belp dio AV - INK Assistant County Attorney @Ki SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THE SOUTH ONE HALF (1/2) OF TRACT 20, GOLDEN GATE ESTATES UNIT NO. 49 (P.B. 5, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA LAND DESCRIPTION: LOCATION SKETCH NOT TO SCALE "H18I .L. of A portion of Tract 20, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The East 30.00 feet of the West 100.00 feet of the South one half (1/2) of said Tract 20, less the south 30 feet thereof. Said land lying in Collier County, Florida, containing 4,050 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the CANAL seal of a Florida licensed surveyor and mapper. IJI Standards of Practice set I I Z 9 11 Deeds, Easements, or other instruments (recorded or gi i 54 IW I I 3. No underground improvements were located. IZ' K.M.C. W Z !W. I I survey. ILU 12I I 20 W 53 L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; PGS. = Pages; P.L.S. = irnl Right of Way; SQ.FT. = Square Feet; S.F.W.M.D. = South Florida Water =I Iml ILJ I IH I 21 = INC. 16 Q ` 52 I I ISI I Z I i? 0; II LAND DESCRIPTION: LOCATION SKETCH NOT TO SCALE "H18I .L. of A portion of Tract 20, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The East 30.00 feet of the West 100.00 feet of the South one half (1/2) of said Tract 20, less the south 30 feet thereof. Said land lying in Collier County, Florida, containing 4,050 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Sketch of Description meets the Standards of Practice set 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. KSB 3. No underground improvements were located. CHECKED: K.M.C. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. -----'—�-- — -------- SHEET: 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way; SQ.FT. = Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. 01/12/2016 REVISED LEGAL 02/16/2017 BY: KSB TECM -ROW CHECKED: K.M.C. Date:_? 16 = `?d/� MAR 0 12017 F.B. — PG. — -----'—�-- — -------- SHEET: 1 O F 2 KEITH M. CHEE—A—TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. NOT VALID WITHOUT SHEETS 1 AND 2 L.B. No. 3300 REVISIONS & ASS 00 O0, 4 y c�STgBC/SHED 1901 AVIROM & ASSOCIATES, INC. SURVEYING &MAPPING 50 S.W 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROMSURVEYcom ©2016 AVIROM & ASSOCIATES. INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. JOB #: 10024-1A.1 REVISED EASEMENT AREA 03/09/16 KSB SCALE: 1" = 30' REVISED EASEMENT AREA 01/27/2016 S.R.L. DATE: 01/12/2016 REVISED LEGAL 02/16/2017 BY: KSB CHECKED: K.M.C. F.B. — PG. — SHEET: 1 O F 2 39 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THE SOUTH ONE HALF (112) TRACT 20, GOLDEN GATE ESTATES UNIT NO. 49 (P.B. 5, PGS. 80-81, C.C.R.) COLLIER COUNTY, FLORIDA LEGEND 0 30 60 TEMPORARY CONSTRUCTION GRAPHIC SCALE IN FEET EASEMENT EXHIBIT 1"=30' Ct Page, ! Z SFWMD GOLDEN GATE CANAL WEST 100' OF THE SOUTH 1/2 TRACT 2 W C� Z � �c5 Q V Ci U W Ci C SCALE: 1" = 30' REVISED EASEMENT AREA 01/27/2017 S.R.L. DATE: C'4� Q� �W� ?� Lrj Q Q - Cd Lc W NOT VALID WITHOUT SHEETS 1 AND 2 EAST 30' OF THE - WEST 100' OF THE SOUTH 1/2 TRACT 20 BLESS THE SOUTH 30' - OF THE EAST 30' OF THE WEST 100' OF THE SOUTH 1/2 SOUTH LINE TRACT 20 OF TRACT 20 /(P.B. 5, PGS 80-81, C.C.R.) — L L — — — — T ' TURE R1W I 25' ACCESS ROAD R/W 628, C.C.R.) I (O.R.B. 1184, PG. 1405, C.C.R.) REVISIONS C� Z� �c5 Q V Ci U W Ci C SCALE: 1" = 30' REVISED EASEMENT AREA 01/27/2017 S.R.L. DATE: C'4� Q� 00 Q W O CHECKED: I WQL. 4j z� IJLr� 2 OF 2 m �1m 0Lc� 3� Om NOT VALID WITHOUT SHEETS 1 AND 2 EAST 30' OF THE - WEST 100' OF THE SOUTH 1/2 TRACT 20 BLESS THE SOUTH 30' - OF THE EAST 30' OF THE WEST 100' OF THE SOUTH 1/2 SOUTH LINE TRACT 20 OF TRACT 20 /(P.B. 5, PGS 80-81, C.C.R.) — L L — — — — T ' TURE R1W I 25' ACCESS ROAD R/W 628, C.C.R.) I (O.R.B. 1184, PG. 1405, C.C.R.) REVISIONS S, ASS '0M ��.� Q ti RsrABL/SHED 1g� AVIROM & ASSOCIATES, INC. SURVEYING &MAPPING 50 S. W 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROMSURVEYcom ©2016 AVIROM & ASSOCIATES. INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced orcopied without written permission. JOB #: 10024-1A.1 REVISED EASEMENT AREA 03/09/16 KSB SCALE: 1" = 30' REVISED EASEMENT AREA 01/27/2017 S.R.L. DATE: 01/12/2016 REVISED LEGAL 02/16/2017 S.R.L. BY: KSB CHECKED: K.M.C. F.B. — PG. — SHEET: 2 OF 2 9 EXHIBIT "B" LOCATION OF CLUSTER OF TREES TO REMAIN gill it 9 : ' PHOTO OF CLUSTER OF TREES TO REMAIN LOCATION MAP 60204 - GG4 Weir   Receipt# 007223080 2/15/2012 8:29: 50 AM t o :.,, Dwight E. Brock 1 Clerk of the Circuit Court Iri Customer Deputy Clerk Clerk Office Location INTEROFFICE Katrish A Pugh Collier County Govt. Center CLERK TO THE BOARD Katrish.Pugh @CollierClerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 (239) 252 -7242 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112 Naples, Florida 34112 -4901 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Amendment 4658118 4765 77 $180.00 TOTAL AMOUNT DUE $180.00 Clerk Account #: BCC ($180.00) BALANCE DUE $0.00 Note: 2/ 15/2012 8:29:50 AM Katrish A Pugh: Recording requested by Teresa Polaski /Mins & Recs. Charge BCC Acct #325- 172940- 51144. Disclaimer: All transactions are subject to review /verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. Page 1 of 1 THIRD AMENDMENT TO COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA THIS THIRD AMENDMENT TO COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA ( "Third Amendment "), is entered into as of the day of ' ! , 2012 by and between SOUTH FLORIDA WATER MANAGEMENT DI TRICT, a government entity created by Chapter 373, Florida Statutes (hereinafter referred to as "DISTRICT "), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY "). WITNESSETH: WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative Agreement dated October 13, 2000, designated by the District as Contract C -11759 (the Original Agreement "); WHEREAS, pursuant to that certain First Amendment to Cooperative Agreement C- 11759) Between the South Florida Water Management District and Collier County Florida dated February 10, 2011 ( "First Amendment "), DISTRICT and COUNTY agreed to prevent the Original Agreement from lapsing and terminating, in accordance with paragraph 1 of the Agreement, by agreeing to an extension of the termination date set forth in the Original Agreement from February 28, 2011 to May 31, 2011; WHEREAS, pursuant to that certain Second Amendment to Cooperative Agreement (C- 11759) Between the South Florida Water Management District and Collier County Florida dated May 10th 2011 ( "Second Amendment "), DISTRICT and COUNTY further extended the termination date of the Agreement from May 31, 2011 to September 30, 2012 (the Original Agreement as modified, amended and extended by the First Amendment and the Second Amendment is herein referred to as the Agreement'); WHEREAS, DISTRICT and COUNTY desire to further extend the termination date of the Agreement from September 30, 2012 to September 30, 2024, and to modify the provisions relating to termination; WHEREA, DISTRICT and COUNTY desire to modify and amend the Agreement to provide specific special terms, conditions and provisions with respect to the C -1 Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way and portions of the Miller Canal Right of Way; and WHEREAS, the defined terms in this Third Amendment shall have the same definitions as defined in the Agreement; INSTR 4658118 OR 4765 PG 77 RECORDED 2/15/2012 8:29 AM PAGES 21 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $180.00 NOW THEREFORE for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, DISTRICT and COUNTY hereby agree to modify, amend and extend the Agreement as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Paragraph 1 of the Agreement is hereby modified, amended and replaced with the following: 1. Unless extended or earlier terminated, this AGREEMENT shall continue until September 30, 2024, and may be renewed upon mutual agreement of the parties. Each party shall provide notice of its intent to renew or not renew this AGREEMENT to the other party on or before September 1, 2023. In the event that the parties do not mutually agree to an extended renewal period, this AGREEMENT shall automatically lapse, terminate, and expire on September 30, 2024. Subject to the terms, conditions and provisions of this AGREEMENT the DISTRICT shall be the public agency in Collier County, Florida generally responsible for the control, operation and maintenance of the watercourses listed in Exhibit "A ", and depicted on Exhibit "B ", both of which are attached hereto and made a part of this AGREEMENT, (except as set forth in paragraph 3 of this Third Amendment). In the event either party decides not to renew this AGREEMENT, DISTRICT agrees to assist COUNTY to transition into the operation and maintenance of the watercourses which are the subject of the AGREEMENT. 3. Notwithstanding anything contained in the Agreement, or this Third Amendment to the contrary, DISTRICT and COUNTY hereby agree to the following specific special terms, conditions, and provisions applicable to the C -1 Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way and portions of the Miller Canal Right of Way: a. C -1 Connector Canal Right of Way. A strip of land in Sections 11 and 12, Township 49 South, Range 27 East, Collier County, Florida, generally depicted on Schedule 1" attached hereto and made a part hereof, and more particularly described as follows: All that drainage easement, 60 feet in width, commonly referred to as "C -1 Connector Canal Right of Way ", lying along the South lines of Golden Gate Estates Unit No. 48, Plat Book 5, Page 78 and Golden Gate Estates, Unit No. 51, Plat Book 5, Page 84. All plats recorded in Collier County, Florida, Public Records. (Hereinafter referred to as the "C -1 Connector Canal Right of Way "). 1) DISTRICT hereby transfers all of its right, title, interest and control in the C -1 Connector Canal Right of Way to COUNTY. 2) The DISTRICT will "Un- adopt" the C -1 Connector Canal Right of Way as a "Work of the District ", upon which the C -1 Connector Canal Right of Way shall no longer be subject to the provisions of Chapter 40E -6 of the Florida Administrative Code, and the DISTRICT shall no longer have jurisdictional authority over permitting and authorizing uses of the C -1 Connector Canal Right of Way. 3) Upon passing a resolution "Un- adopting" the C -1 Connector Canal Right of Way as a "Work of the District ", DISTRICT Right of Way Permit No. 10267 in favor of the School District of Collier County concerning a culvert bridge crossing across the CA Connector Canal Right of Way shall be void and have no further force or effect. In addition, the culvert bridge crossings across the C-1 Connector Canal Right of Way located at the southern terminus of 10tH 18tH 20tH and 22 "d Streets Southeast shall be considered pre- existing non- conforming structures and shall be allowed to remain in their current location and condition until such time that: (a) the affected property owners desire to upgrade the crossing(s), or (b) the condition of the crossing(s) deteriorates to an unacceptable level as determined by the COUNTY and requires replacement. Upon the occurrence of either condition (a) or condition (b) referenced in the preceding sentence, the modification, replacement and /or reconstruction shall conform to the COUNTY's Right of Way permitting criteria applicable at the time of such modification, replacement and /or reconstruction, and shall accommodate a flowage capacity of at least 250 cfs. 4) COUNTY shall have full authority, control and jurisdiction with respect to authorizing uses with respect to the C -1 Connector Canal Right of Way, including but not limited to authorizing vehicular crossings and authorizing vehicular use of the overbank areas. COUNTY agrees that it will not authorize any new uses with respect to the C -1 Connector Canal Right of Way which do not accommodate a flowage capacity of at least 250 cfs. COUNTY agrees to notify the DISTRICT of all uses authorized by the COUNTY with respect to the C- 1 Connector Canal Right of Way. 5) With respect to the C -1 Connector Canal, the DISTRICT agrees to continue to provide: (i) aquatic plant control, (ii) maintenance shoal removal, and (iii) canal side bank maintenance (if operation of the system is impaired), to the extent the performance of such maintenance is reasonably practical and does not conflict with uses authorized by the COUNTY. The COUNTY shall be responsible for removing flow obstructions not authorized by the COUNTY. 6) The DISTRICT agrees to notify the COUNTY of any uses or flow obstructions with respect to the C -1 Connector Canal Right of Way which impede the DISTRICT'S ability to perform the maintenance referenced in the first sentence of subparagraph (5) above or which is inconsistent with the flowage capacity criteria specified in subparagraphs (3) and (4) above. 7) In order to perform the maintenance activities referenced in subparagraph (5) above, the DISTRICT shall have the right of access, ingress and egress with respect to the C -1 Connector Canal Right of Way. b. Portion of Golden Gate Main Canal Right of Way. A strip of land in Sections 10 and 11, Township 49 South, Range 27 East, Collier County, Florida, generally depicted on Schedule 1" attached hereto and made a part hereof, and more particularly described as follows: All that part of a drainage easement, 140 feet in width commonly referred to as "Golden Gate Main Canal Right of Way ", lying North of the South line of Golden Gate Estates Unit 13, Plat Book 7, Page 72, Collier County Florida Public Records and South of the South top of bank of said Golden Gate Main Canal. (Hereinafter referred to as the "Golden Gate Main South Overbank"). 1) DISTRICT hereby transfers all of its right, title, interest and control in the Golden Gate Main South Overbank to COUNTY. 2) The DISTRICT will "Un- adopt" the Golden Gate Main South Overbank as a "Work of the District ", upon which the Golden Gate Main South Overbank shall no longer be subject to the provisions of Chapter 40E -6 of the Florida Administrative Code, and the DISTRICT shall no longer have jurisdictional authority over permitting and authorizing uses of the Golden Gate Main South Overbank. 3) COUNTY shall have full authority, control and jurisdiction with respect to authorizing uses with respect to the Golden Gate Main South Overbank, including but not limited to authorizing vehicular use of the Golden Gate Main South Overbank. 4) DISTRICT shall have no maintenance obligations with respect to the Golden Gate Main South Overbank. 5) DISTRICT shall have the right of access, ingress and egress with respect to the Golden Gate Main South Overbank. c. Portion of Miller Canal Right of Way. A strip of land in Section 12, Township 49 South, Range 27 East and Sections 7, 18, 19 and 30 Township 49 South, Range 28 East, Collier County, Florida, generally depicted on Schedule 1" attached hereto and made a part hereof, and more particularly described as follows: All that part of a drainage easement 95 feet in width, commonly referred to as "Miller Canal Right of Way ", lying North of the South lines of Golden Gate Estates, Unit 51, Plat Book 5, Page 84 and Golden Gate Estates, Unit 82, Plat Book 5, Page 21 and South of the South top of bank of said Miller Canal. Together With; All that part of said drainage easement lying East of the West lines of said Golden Gate Estates, Unit No.82, Golden Gates Estates, Unit No. 87, Plat Book 5, Page 26, and Golden Gate Estates, Unit No. 88, Plat Book 5, Page 27and West of the West top of bank of said Miller Canal and North of the South line of 28th Avenue SE. All plats recorded in Collier County, Florida, Public Records. Hereinafter referred to as the "Miller Canal South/West Overbank"). 1) DISTRICT hereby transfers all of its right, title, interest and control in the Miller Canal South/West Overbank to COUNTY. 2) The DISTRICT will "Un- adopt" the Miller Canal South/West Overbank as a "Work of the District ", upon which the Miller Canal South/West Overbank shall no longer be subject to the provisions of Chapter 40E -6 of the Florida Administrative Code, and the DISTRICT shall no longer have jurisdictional authority over permitting and authorizing uses of the Miller Canal South/West Overbank. 3) COUNTY shall have full authority, control and jurisdiction with respect to authorizing uses with respect to the Miller Canal South/West Overbank, including but not limited to authorizing vehicular use of the Miller Canal South/West Overbank. 4) DISTRICT shall have no maintenance obligations with respect to the Miller Canal South/West Overbank. 5) DISTRICT shall have the right of access, ingress and egress with respect to the Miller Canal South/West Overbank. 4. The following provision is hereby added as paragraph 29. to the Agreement: 29. Notwithstanding anything to the contrary, either party to this Agreement shall have the right to terminate this Agreement for any reason and upon such termination, all right, title, interest, control, operation and maintenance of the watercourses /canal rights of way, together with all structures, as set forth in Exhibit "A" to this Agreement, and as modified by any supplement thereto ( "Works and Structures "), shall be relinquished and transferred to the County. The party exercising the termination option shall give to the other party written notice that the Works and Structures are to be transferred to the County. In order to coincide with the budget year, unless otherwise agreed to, final transfer and termination of this Agreement shall be effective the second October 1St following receipt of the notice of termination. In the event of such termination, both parties shall be relieved of any and all future obligations under this Agreement as of the effective date of the termination, including but not limited to, lost revenues and consequential damages. 5. The Agreement, as modified, amended and extended by this Third Amendment is hereby ratified, confirmed and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the date and year first above written. ATTEST: Seal) . ` 3 A `y ry co SEAL b h96 ATTE$oT: P b A o rm and legal sufficiency: Jeffre . `latzkow County ttorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: / I Its (; LLG `'I'yi R Executed by DISTRICT on: COLLIER COUNTY, FLORIDA By: W . Its CtAtrz-mAn of %tAG BoA(L-C> Executed by COUNTY on: u ZatZ aarwaua>Fe . -a. va •fi.r...6= ''mar,_ fAl F y s . A F "eF r r aI BCB C -1 CO] iI ' i1 e s i armawrtwu a h r 4m, IF I ti, z JOYH. ST. S. E 410, . f E x. iy F y s . A F "eF r r aI BCB C -1 CO] iI ' i1 e s i armawrtwu a h r 4m, IF I ti, z JOYH. ST. S. E 410, . f E x. td, z * it I • .;fir, CA j° •.. '. w },.. _ 4 Oi • vj y, ri'. •zl Y sl , •yi'j 'sue py 1 ,j • i' R s * r I a: Coo) 20fiH Si. S j •, waxMuMEiem 26 V 1 jl' yti Wit, , iF i r t,- ".;. t, . i •.(.Y v d i .s V r BCB C -1 CONNECTOR CANAL A 1 kO iv F 7 4 a .,fit Or iiy . f -fir t r m O jF CD Co cn RS T•F -.. ...: f t oaf' -_ " St -'' 3 ..' :. 63 J' < e'er 4 ,r' ' iF. ',. A X, • ¢, • 7 3m'r ire •+ . ''_ . -Y [ 3 N 2745 -W a , HoN°2T46Nv d62.E6'IM) Is a All; WO I , s kr Y j u ij t: . •i a _ I ;. =:`~M0. # `' '' t?-y 4w oo aw v BCB C -1 CONNECTOR CANAL a A i i i ego a nny r rlwllesr sr A' i C` a s k t, b r, ta`pzr .5,:.: , t . <` Ir . ti ` i '• '°+ f , s. r, r s ° ' ` v F to • o- e i,. w.t - y _. 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CI! m C z CD m o n r m C m r Yd "IJNE B mk Rgn a R i :m AYQI.E W rk YATCHi C i viai M. m m CA) 0 T I W aaR q MATCMM E z 0 CD r m i MATCHLDPE D 1 1014 A- SL w T ' t MATCHLINS F LA CHIlNE ' e ua wwruw - Sam mcnow C/7 G) ri) m 2 O D r m cn k e y j MATCHLDPE D 1 1014 A- SL w T ' t MATCHLINS F LA CHIlNE ' e ua wwruw - Sam mcnow m m I O T z 0 CD C-,) D r m s s° 71ND A10A.E M . 3 yK k z it i m OWARIW - away no= M. 20T/1 AIEM,( SE S f *" Cn rn rrn C-" 0 T C3 Y[ATCHUNB i f . v { 211" AI[/11.E X z 0 C) 0 D r rn 9 2411 A10" SE c OPMI - KWEY g Y jqa F q r itAi1'Gfitf J Cn z O p Cn m 9 2411 A10" SE c OPMI - KWEY g Y jqa F q r itAi1'Gfitf J C:) 4 n D r m Y. t cn Z m m rn O T 4B M1LLt,K CANAL A s: °_ l I , C IR1BIf - away X101 M+TCHOW x 2M AWD" X tE d ¢ F 1 CD m 0 t c Y. t cn Z m m rn O T 4B M1LLt,K CANAL A s: °_ l I , C IR1BIf - away X101 M+TCHOW x 2M AWD" X tE d ¢ F 1 401(littl i 31\ SOUTH FLORIDA WATER MANAGEMENT DISTRICT Ground Delivery Fedex: 7747 8059 4689 October 20, 2015 Mr. Jeff Klatzkow Collier County Minutes and Records Department 3315 Tamiami Trail E., Suite 102 West Palm Beach, FL 33406 Dear Mr. Klatzkow: Subject: Contract# C-11759-A04 (3600000019) Please find enclosed one (1) fully executed copy of the above referenced document. Thank you for your efforts on behalf of the South Florida Water Management District District). Should there be any questions, or if you require any additional information, please contact me. Sincerely, aK.-___1-47 ,—' Sharman Rose Senior Contract Specialist Procurement Bureau shrose@sfwmd.gov 561) 682-2167 FAX: (561) 682-5624 Psi SR 1- `" PT, O f..Tj Enclosure o N c:Lisa Koehler - MS 3510 0 =f-,tt c = 44. 7 5 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800- 432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • wwwsfwmd.gov FOURTH AMENDMENT TO COOPERATIVE AGREEMENT (C-11759) BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA THIS FOURTH AMENDMENT TO COOPERATIVE AGREEMENT (C-11759) BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA ("Fourth Amendment), is entered into as of the day of` c ly__r- 2015 by and between SOUTH FLORIDA WATER MANAGEMENT bISTRICT, a government entity created by Chapter 373, Florida Statutes (hereinafter referred to as "DISTRICT"), AND COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as COUNTY"). WITNESSETH: WHEREAS, the DISTRICT and the COUNTY may hereinafter also be referred to individually as "party" and collectively as "parties"; and WHEREAS, the parties entered into a cooperative agreement, dated October 13, 2000, as amended thereafter ("Cooperative Agreement C-11759, as amended"), providing for the continued control, operation and maintenance by the District of certain watercourses lying within Collier County, Florida, as first authorized by an agreement between the parties, dated February 19, 1991 ("Agreement C91-2158"); and WHEREAS, the County has acquired title to lands necessary to relocate a portion of the Cocohatchee Canal, shifting its centerline approximately as far as 150 feet to the north, at the intersection of Collier Boulevard (C.R. 951) and lmmokalee Road (C.R. 846) ("Relocated Cocohatchee Canal"); and WHEREAS, the County has also acquired title to lands necessary to extend the C.R. 951 Canal northerly, approximately 150 feet ("Extended C.R. 951 Canal"), to terminate with the Relocated Cocohatchee Canal; and WHEREAS, the Relocated Cocohatchee Canal and the Extended C.R. 951 Canal may hereinafter also be referred to collectively as the "Modified Canals"; and WHEREAS, the parties intend that, upon completion, the Modified Canals will be assigned to and assumed by the District for control, operation and maintenance purposes, consistent with the terms of Cooperative Agreement C-11759, as amended; and WHEREAS, the County intends to design and construct the Modified Canals to the specifications set forth by the District; and 1 WHEREAS, upon completion of and acceptance by the District of the Modified Canals. the parties intend that the Modified Canals should be construed, for all purposes consistent with the terms of Cooperative Agreement 11759, as amended; and WHEREAS, the parties desire to memorialize the parties' agreement regarding the design and construction of the Modified Canals, and the control, operation and maintenance of the Modified Canals upon completion of their construction and acceptance by the District. NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The County shall, at its sole expense, design and construct the Modified Canals in compliance with the specifications provided to the County by the District, and the terms and conditions of any permit required by any federal, state, regional or local government agency, including the District. 2. In addition to any specifications or terms and conditions imposed upon the County pursuant to paragraph (1) of this Agreement, the County further agrees to comply with the following specifications and conditions in the design and construction of the Modified Canals: a. The Modified Canals shall be designed and constructed to maintain the current minimum bottom depth and waterline width, as well as hydraulic design capacity of the existing channels being modified; b. Any crossings of the canal completed contemporaneously with construction of the Modified Canals shall be designed and constructed to comply with the "SFWMD Right of Way Criteria Manual for Use of Works or Lands of the District", dated August 12, 2013, and adopted by reference pursuant to Rule 40E-6.091(1), Florida Administrative Code; c. The design conveyance of the existing canal segment shall be maintained throughout the construction of the Modified Canals; d. The County shall be required to design and construct a boat ramp facility for District use, providing access to the Relocated Cocohatchee Canal. The boat ramp shall be designed and constructed to comply with District requirements and specifications, with the design for launching oriented downstream at a location west of the C.R. 951 (Collier Boulevard) canal crossing; and e. The design and location of any proposed pathways, public access and/or landscaping adjacent to the top of bank of the canal shall be approved by District Right of Way Section staff. The design shall provide for devices i.e., bollards or lockable gates) to prevent unauthorized vehicular entry 2 upon the right of way. All costs associated with repairs and maintenance of such improvements shall be the sole responsibility of the County. 3. Upon completion of the construction of the Modified Canals, the District shall assume responsibility for the control, maintenance and operation of the Modified Canals consistent with the terms and provisions of Cooperative Agreement C- 11759, as amended. 4. The Modified Canals shall be construed, for all purposes consistent with the terms and provisions of Cooperative Agreement 11759, as amended. 5. Cooperative Agreement C-11759 , as amended, and as modified and amended by this Fourth Amendment is hereby ratified, confirmed and shall continue in force and effect. All other terms and conditions of Cooperative Agreement C- 11759, as amended, remain unchanged. 6. The recitals set forth above are true and correct and are incorporated herein by reference. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the date and year first above written. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By:b/ 1_ , la/ D oth;, . . Bradshaw,Procurement Bureau Chief SFWMD D2` COUNSEL APPROVED t/""` BY: PRINTAME:_ DATE: S/ i t I SFWMD PROCUREMENT APPROV • BY: DATE: k ATTEST: 4"',\ F ORIN%%iy9j 2-64-A-,) L &Ay-A__ i--- '4., ,s*.• 04> 0,/,, ti O `13 O —.0sw ch Z'= ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA f By '1° A. 1. ,: .C - By: / <0,ake-e_ Attest as eputy Clerk TIM NANCE, CHAIRMAN sig iatur on A ro s tform and legality Jeffrey A. 1latzkow County Attorney 4 6965.txt These two easements are verbally agreed upon and signed versions are in transit from owner. The unsigned documents were necessary to make sure we made the 3/21 deadline for Level 1 review and they will be replaced with the signed versions once received. ** UNSIGNED DOCUMENTS HAVE BEEN REPLACED WITH THE SIGNED DOCUMENTS ** Page 1