Parcel 725
PROJECT: Rattlesnake Hammock Road
PARCEL No: 725
FOLIO No: 62030900480
TDRE AGREEMENT
THIS TORE AGREJ,tMENT hereinafter referred to as the "Agreement") is made and
entered into on this ('1 day of LC , 2005, by and between III T NAPLES,
llC, a Florida limited liability company (hereinafter referred to as "Owner"), whose mailing
address is 1 Financial Plaza, Suite 2001, Fort Lauderdale, Florida 33394, and COLLIER
COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"),
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TORE") over, under, upon and
across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on
the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from a
smooth transition between Owner's existing driveway and the new roadway, and desires to
convey the TORE to the County for the stated purposes, on the terms and conditions set
forth herein, said terms including that no compensation shall be due and payable for the
TORE requested by County.
NOW, THEREFORE, in consideration 0 f these premises set forth above, the sum 0 f
Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency
of which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein
are made a part of this Agreement.
2. Owner shall convey the TORE to County at no charge to the County.
3. Owner shall deliver the properly executed TORE instrument to County within 30
days of the date of this Agreement.
4. County shall take all necessary steps to minimize any unreasonable interference to
Owner or the tenants of Owner caused by County's use of the Easement Area with Owner's
cooperation. County covenants and agrees to use the Easement Area in a manner so as to
ensure minimum interference or interruptions to Owner's operations. County shall in no way
use any of Owner's property outside the Easement Area except as contained in this
agreement or as amended in writing by Owner.
5. The Easement shall be granted on a non-exclusive basis with full rights maintained
by Owner, its tenants, guests and invitees.
6. County shall not deposit, store or place any materials, supplies, equipment or
construction office facilities on the Easement Area, except when being used for driveway
restoration work as contemplated by this Easement. County shall not deposit, store or place
any materials, supplies, equipment 0 r construction 0 ffice facilities 0 n 0 wner's surrounding
Property. County shall remove any material and debris inadvertently deposited in the
Easement Area or Owner's surrounding property by County. County shall repair all damages
caused by County resulting from its use of the Easement Area.
Page 2
7. County shall and does hereby indemnify and hold harmless Owner and its
principals against and from any a nd a III iabilities, liens, suits, 0 bligations, fines, damages,
penalties, claims, costs, charges and expenses, including reasonable attorneys' fees by or
on behalf of any person which may be imposed upon or incurred by or asserted against
Owner by reason of County's use of the Easement Area or any part thereof, by County or its
agents, subcontractors, servants, employees, licensees or invitees. This indemnification shall
specifically extend to but shall not be limited to loss or damage arising out of environmental
hazards created by County. The foregoing indemnity provisions shall survive the expiration of
the TORE. This indemnification provision shall not be construed a saw aiver 0 f sovereign
immunity or any limitation of liability to which County may be entitled under Section 768.28,
Florida Statutes.
8. If a party desires or is required to give notice unto the other, such notice shall be in
writing and it shall be deemed given when it shall have been deposited in the United States
certified mail, return receipt requested, or when transmitted via facsimile, with confirmation of
transmittal, addressed to the party for whom it is intended as follows:
For Owner: III T Naples, LLC
c/o OBR Asset Management, Inc.
1 Financial Plaza, Suite 2001
Ft. Lauderdale, FL 33394
Telephone Number: (954) 523-2070
Fax Number: (954) l.f¿.J ·O~/!;-
Copy to: David G. Murray, Esquire
Murray, Simmons & Ziegler, LLP
1401 E. Broward Blvd., Suite 200
Ft. Lauderdale, FL 33301
Telephone Number: (954) 467-2000
Fax Number: (954) 467-2307
For County: Transportation Engineering & Construction Management
Attention: Right-of-Way Acquisition Section Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone Number: (239) 774-8192
Fax Number: (239) 213-5885
Copy to: Ellen 1. Chadwell
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone Number: (239) 774-8400
Fax Number: (239) 774-0225
9. In the event the County should be in default with any of the terms and conditions
as provided herein, Owner agrees to provide written notice to County and if said default is not
cured within Fifteen (15) days (or other time period, if applicable, as provided for below) then
Owner shall be entitled to have all remedies that they are entitled to under the law including
the remedy for damages caused by the breach or default of this agreement by County.
10. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
11. County shall pay for all costs of recording the TORE instrument in the Public
Records of Collier County, Florida.
12. 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
Page 3
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
13. The TORE shall commence upon its recording in the Public Records of Collier
County, Florida.
14. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein. This
Agreement may only be amended in writing by the parties hereto.
15. The enforceability of these provisions is based solely on the Owner's
representation that it owns fee simple title to the property described as Parcel No. 725. In the
event Owner does not, Owner waives all rights and remedies arising out of this agreement,
including those which would otherwise survive the expiration or termination of the Easement.
16. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: October 28, 2003 (Resolution No. 2003-371,
Agenda Item No. 16B4).
AS TO COUNTY:
DATED: 3 I): 'O..ç:"1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
Fred W. Coyle, Chairman
III T NAPLES, LLC, a Florida
limited liability company
WITNESSES:
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~ness~gnatur~) . .}
Name: j ~ ß Abr 1
(Print)
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By: ~~) . ~~
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~ ,e 5' )¿úc.h,t1
(Name)
¡ø~'íN~ ~bI
(Title) ,.)
Approved as to form and
legal sufficiency:
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J\qenda /D -Z' J;( ·.D3 ~
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Ellen T. Chadwell
Assistant County Attorney
Date
r~ecd 3·/1-05
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SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO, 725
PROPER TY OWNER: TBI/NAPLES LIMITED
PARTNERSHIP
REFERENCE: O.R. XXXX, PG. YYYY
STRAP NO.: 506970 A 15815
TEMPORARY DRIVEWAY
R.ESTORAT10N EASEMENT
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FOLIO NO.~{PtQj?JJ ~C)~::y\ ~1)
= POINT OF COMMENCMENT
= POINT OF BEGINNING
= RIGHT-OF-WAY
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LEGAL DESCRIPTION AND sKETCH SHEET 1 OF 2
DESCRIPTiON: PARCEL 725
CLIENT: COLLIER COUNTY TR DIVISION
0:
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
....1\
....
.... - GNOLI
·····13
::::: 1\RBEH &.
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...... RUNDAGE,INc,
Profe~slonal engineer", planners, & land surveyors
Collier County: I!nllll ::!IDO, 1"OD T.mIa.ml Trail, North: ffil!lple., n 34108 (0.J)507-3111
Lo. CO""!,, "otl.. 101. ["2" n."4ry Rt~..!. r.rt !(r.n, n ""VOl (941)381-8111
CuUttOrlle of A..uthorbaUol1 No.. LIt 8ØlU iUU' IB IS"'" ru: (VH)l5l!1e-1203
1/15/04
BY:
SGALE:. 1" - 80'
DRAWN 8y: . JÄN
ACAD NO:8672-SD19
KNEY, P.S.M. NO.. 5606
OA TE; OCT. 7. 2003
PROJECT NO.; . 8315
RLE NO: 8672
SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 725
THE SOUTH 17.00 FEET OF TRACT "R" (30') OF NAPLES LAKES SHOPPING CENTER AS
RECORDED IN PLAT BOOK 36 PAGES 98 THROUGH 99 PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
I3EGINNING AT THE SOUTHWESTERLY-MOST CORNER OF SAID TRACT "R" OF THE
AFORESAID PLAT SAID CORNER ALSO BEING ON THE NORTHERLY LINE OF
RA TTLESNAKE HAMMOCK ROAD AND SAID CORNER ALSO BEING THE
SOUTHEASTERL Y-MOST CORNER OF TRACT "E" OF SAID PLAT;
THENCE NORTH 87'48'34' EAST ALONG THE SOUTHERLY LINE OF SAID TRACT "R"
AND ALONG THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK
ROAD A DISTANCE OF 80.00 FEET TO THE SOUTHEASTERLY-MOST CORNER OF SAID
TRACT "R" AND THE POINT OF CUSP OF A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 25.00 FEET;
THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID
CURVE AND ALONG AN EASTERLY LINE OF SAID TRACT "R" THROUGH A CENTRAL
ANGLE OF 71'20'13" AN ARC DISTANCE OF 31.13 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 87'48'34" WEST A DISTANCE OF
32.63 FEET TO THE WESTERLY LINE OF SAID TRACT "R" AND THE EASTERLY LINE OF
SAID TRACT "E" AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERL Y AND WHOSE RADIUS BEARS NORTH 73"31'40" WEST A
DISTANCE OF 25.00 FEET;
THENCE SOUTHERLY SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 71"20'13" AN ARC DISTANCE OF 31,13
FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 771 SQUARE FEET OF LAND MORE OR LESS;
TEMPORARY DRIVEWAY
RESTORAT\ON EASEMENT
EXHlsrr It
Page. :2 ... of 2---~
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FOLIO NO. (¡Jt!¿J J(/tj(JOYJJ
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Professional engineers, planners, &. land surveyors
Cntl1t1r County: Sull8 200. 7400 Tamlunl Tran, "atUlI ".ple., n. 34100 (O.Jt¡ð91-SIII
Uee Counl,..: Stdle lot, lðZð ReD4ry Blreet, Fort M 8n. n. 1!13DO( (,U 3111-:UIt
CerUtioat.. df Authorb.tJon No.. LII sue ud 18 8en4 ru:~ (0.1 151!18-2203
LEGAL DESCRIPTION ANÖSKETCH SHEET 2 OF 2
DESCRIPTION: PARCEL 725
CLIENT: COLLIER COUNTY TR
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
1/15/04
BY:
EORGE .' 'HACKÑ£Y, P.S.M. NO.., 5606
SCALE: . N. T;s.., DA TE: OCT. 7. 2003
. DRAWN BY:,' 'JAN PROJECT NO.: 8315
ACAO NO:8672 S019 FILE NO: 8672