Parcel 713
PROJECT: 65061
PARCEL: 713
FOLIO: 36667000006
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, ihereinafter
referred to as the "Agreement") is made and entered into on this ----1l day of
f\J\ f\.p.....c \'ì , 2005, by and between NESTOR RODRIQUEZ, a single man, and
MA YRA FUENTES, a single woman, whose mailing address is 13945 Collier
Boulevard, Naples, Florida 34119-1535, (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 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") 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 "Property") to provide room to maneuver equipment in order to
construct a grade-equalizing slope in the Purchaser's existing right-of-way that is
adjacent to the Property; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
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 . 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 TCE to Purchaser for the sum of $2,800.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 7 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
TCE conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said TCE to
Purchaser, including all attorneys' fees, expert witness fees and costs as provided
for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make
payment in the amount of $2,800.00 to American Government Services
Corporation, as settlement agent for the disbursement of proceeds incident to said
sale and conveyance of the Property.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a
Temporary Construction Easement to Purchaser in a form acceptable to
Purchaser and Purchaser shall deliver the County Warrant to Owner.
IJC-
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Temporary Construction Easement Agreement
Page 2
4. Owner is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the County, that the
seller has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to 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 owner's representation under paragraph 5. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
7. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; 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
for the execution of any release, subordination or satisfaction, 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. In accordance with the
provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer.
8. Owner agrees to grant the TCE for the purpose of maneuvering equipment in
order to construct a grade-equalizing slope in the Purchaser's existing right-of-way
that is adjacent to the Property. This TCE shall expire on September 30,2008. In
the event that the construction of the grade-equalizing slope has not been
completed by September 30, 2008, the Purchaser reserves the right to record in
the Public Records of Collier County a Notice of Time Extension which shall grant
a one (1) year time extension until September 30, 2009, for the completion of said
construction. Owner shall be provided with a copy of the recorded Notice of Time
Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
10. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and 3haíi inure to tile benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
11. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated herein; and the written agreement, including all exhibits attached hereto,
shall constitute the entire agreement and understanding of the parties, and there
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Temporary Construction Easement Agreement
Page 3
are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
IN WITNESS WHEREOF, the parties hereto have executf3d this Temporary
Construction Easement Agreement on this \ l day of fV\ f\~Ltl ,2005.
Dated Project/Acquisition Approved by BCC:
Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003
Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004
DATED:
WITN~ESSES:
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Approved as to form and
1£ sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '1u.J- W. ~
Fred W. Coyle, Chairman
~H;
Mayra Fue~tes
TRACT
Ci2D
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
TRACT ____________l-l11
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TRACT
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LEGAL DESCRIPTION
A portion of the South 1/2 of Tract
113 Golden Gate Estates Unit No.2,
Pages 75-76, of the Public Records
of Collier County, Florida, more
particularly described os follows:
Commencing at the Southeast corner
of Tract 113; thence S.89'31'2a"w.
along the South line of Tract 113, 0
distance of 55.00 feet to the POINT
OF BEGINNING; thence continue
S.89'31'28/1W. along said line, a
distance of 5.00 feet; thence
N.00·~8'32''W., a distance of 165.00
feet to Its Intersection with the North
line of the South 1 /2 of Tract 113;
thence N.89'31'28/1E. along said North
line, a dIstance of 5.00 feet; thence
S.00'28'32"E., a distance of 165.00
feet to the POINT OF BEGINNING.
Containing 825.00 square feet or
0.0189 acres, more or less
FOR THE FIRM)
.' , «DATE SIGNED)
NOT VALID WliI;H9JJT: \THE SIGNATURE AND THE
ORGINAl RAISEb SËAl OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
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...... ......
...... ......
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LINE
L10B
L109
L110
L111
L 112
LINE TABLE
LENGTH
55.00
5.00
165.00
5.00
165.00
NOTES:
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1. ThIs Is not a survey.
2, Basis of bearing is the West Une of County
Road 951 (C.R. 951) being N 00'28'32" W, FlorIda
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reseryotions and
restdctlons or record. .
4. Easements shown hereon are per plat, unless
otherwIse noted.
5. ROW represfl '¡t~ Right-of-Way.
6. P.D.B. represents Point of Beginning.
7. P.D.C. represents Point of Commencement.
8. O.R. reprellents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U;E. represents Ut[lity Easement.
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GRAPHIC SCALE
PROJ£CT NO.1 65061 PARCEl. NO. : 713
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Sep 18, 2003 - 13;27;07 I.ClÄMURE\X;\SUR\N60111\9ð,.d'OO.dwlI
09/2003
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH & D£SCfflPTION
PROJECT NO.1
N6015-005-000
SHEET NUI/BER:
713 OF XXX
]
200
FIll NO.1
2L-812