Backup Documents 01/12/2010 Item #16B4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16,DJ 4
Print on pink paper, Attach to original document. Original documents should be hillld delivered to thl: Board Office The completed routing slip and original
documents are to be forwarded to the Board Oflice only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infi.lrmation needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Ian Mitchell (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
l.
--:::=-
2.
3. -
- -
-----
4.
5. Ian Mitchcll, BCC Supervisor Board of County Commissioners A),-" Ilr3ll0
6. Minutes and Records. Clerk of Court's Office
.Please scan under LASIP (Main Canal E- W) Project No. 5110 I in the BMR Real Property Foldcr. Thank you
PRIMARY CONTACT INFORMATION
(The primary conta::t is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event ant' of the addressees above, incluJing Sue Filson, need to cmtact stafl for additional or missing
infonnation. All original documents needing the BCC Chairman's signature art' to be delivered to the Bee onlce only after the Bee has acted to approve the
item)
Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843
Contact For: Paul Youn", Sr. ProD. Acq. Specialist
Agenda Date Item was January 12.2010 Agenda Item Number 16.B.4
Approved by the BCC
Type of Document Drainage, Access and Maintenance Number of Original One
Attached Easement Agreement Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chail111an, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
comracts, agreements. etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other artics exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne 'otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC onOI/12/tO (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
N/A
-56
~
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.3109
Date:
To:
From:
Re:
MEMORANDUM
January 14, 2010
Robert Bosch
Right-of-Way Coordinator
Transportation Department
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Drainage, Access and Maintenance Easement Agreement
Project: LA SIP Main (E-W)/Parcel #139DAME &
142DAME
Per your request you will find enclosed one copy of the document referenced
above (Agenda Item #16B4), adopted by the Board of County Commissioners
on January 12,2010.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosures
1684
PROJECT:
PARCEL No(s):
FOLIO No(s):
LASIP MAIN (E-W)
139DAME and 142DAME
a portion of 00432040007 and 55151720006
2684
DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this 1'1 r If day of
:rANI.A.A~Y , 20~, by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not-for-profit corporation, whose mailing address is 405 Forest
Hills Blvd., Naples, FI 34113 , (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a DRAINAGE, ACCESS, AND MAINTENANCE
EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit
"B" which are attached hereto and made a part of this Agreement (hereinafter referred to
collectively as the "Easement"); and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are
entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel
139TCE, which is attached hereto as Exhibit "C"; and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
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. 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 Easement to Purchaser for the sum of:
$64,700.00
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, shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, including but not limited to the
cost to relocate the existing irrigation system and other improvements, 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 Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
1684
Page 2
3. Prior to Closing, 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. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
(a) Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) 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 Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur at Collier Transportation Services, 2885 S. Horseshoe Drive, Naples, FI
34104 within ninety (90) days from the date of execution of this Agreement by the
Purchaser; provided, however, that Purchaser shall have the unilateral right to extend
the term of this Agreement pending receipt of such instruments, properly executed,
which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system 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, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the 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 Property 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. Owner and Purchaser 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.
268 4~
Page 3
7. 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
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall 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, except
as specifically stated to survive closing in this document in sections 7 (h) and
8.
(c) No party or person other than Purchaser 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 Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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, except as expressly
permitted in section 5 of this document. 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 Purchaser.
(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 Purchaser; 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 Purchaser,
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
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, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes, or
biological or radioactive contamination on the property underlying the
168/1
Page 4 .,.
Easement. This provision shall survive Closing and is not deemed satisfied
by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser 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 Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement 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 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. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, the Easement is being acquired under threat of
condemnation and no stamp tax liability shall accrue to Owner.
10. 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.
11. 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, 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 Purchaser. (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.)
12. 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 Purchaser.
13. 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.
168,,-
Page 5
14. 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER CqUNTY, FLORIDA
list 4S tJD~~~ Clerk
.fl/llat . . "'411 ,
urf. on, 4
BY: -"""..
DONNA FIALA, Chairman
"""-';."""",.
AS TO OWNER:
DATED: 1)3/01
ROYAL PALM COUNTRY CLUB OF NAPLES,
INC., a Florida not-for-profit corporation
on
Jb;1n.;ils
Witness (Signature)
[)d~/lyJ.-I) '^", H.4/UdtJ
Name (Print or Type)
i; . /1
P I~.G~/:P :,=t:c#Jl.<1
Witness (Signature)
c; 1(1/11 /J 'r]; i.:- (kN ( I
Name (Print or Type)
Approved as to form and
legal sufficiency:
~6-U~
Assista County Attorney
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MA TCHLlNE SEE SHEET 2 OF 5
PARCEL NO. 139DAME
PERPETUAL, NON-EXCLUSIVE
DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
TEeM-ROW
SEP 23 2009
CENfRA.. r~Qrr<.;
I Dll,IENSJONS ARE iN FEET ANC D(C!Ai,ALS IHeHlVF.
} P.O,B. '" POINT OF BEQNNlNG.
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of P.O. T, '" POINT CF TfRI.IINUS.
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(i OL = DRAIN,o,CE [ASEMENT
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10. eORINGS ME e...sco ON TH[ ftORrD.A SlAT!:" PLANE
osr zoot:, NAO 8J/99 ADJUS ~EI'a.
FOR
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SKETCH AND OE$CRIPnON 0"- A DRAINAGE, ACCESS,
AND MAINTENANCF CASEUENT, PART OF TRACT N,
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COLLIER COUNTY. FLORIDA
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P.D.S. .. POINT OF 8ECiNNIN,;.
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.. 1".0. 1. .. Porta Of.'" fEPlAmU5
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7 LB.c. - LANDSCAPe f/UFFO~ c....s(lJua.
8. T.C-E. .. ttJ./PORARY CONsmucnON ("S[MCf./r.
9, 0.,1,1>1,[ .. OR,I,INAGE, ACCfSS ....NO IJAlNrtNANCC EASf)./ENr.
10. BEARINCS ARt aAS[O ON mE FLORIDA STAT( PLANE
EAST 10m:, NAD fJJ/99 ADJl1STMENT.
F~OLLIER COUN-.I!: STORM WA TEi? MANAGEMENT iiiilEou
rJnE SKETCH AND OCSCRIPnON OF" A DRAINAGE. ACCESS E::::. ER Iol
AND MAINTENANCE EASEMENT, PART OF TRACT N. ::::.. UNDAGE.... \IIUt,
L/;Lt GOlF [5TA7[$ TRACT MAP, P.B. 8, PC. 20, ==.~.:-=:.::..:.':~.....~I=~~
COLUER COUNTY. FLORIDA ~...-:.=:..-:::~..;...._a.:--=--""..,':..=c.::.::: SCALE
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AND MAINTENANCE EASEMENT, PART OF TRACT N,
LEn GOLF tSTATES TRACT MAP, P.B. 8, PC. 20.
COJ..LJ[R COUNTY, FLORIDA
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2. p.o.e. .. POINT OF 8((;IfiNi/>;C.
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=." R,O,W. .. RIGHT-OF_W....y.
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9. D,A."E .. DRA.INAGE. ACCESS ).NO liA.INrENANCf (,.,S(M[Nr.
IQ. BEARINGS ARE SA.SED cw me fLORIOA STArr PLANE
EAST lON(, NAD 8J/99 .AO.AJSTJJENT.
NOT A SURVEY
....
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EXHIBIT [3, 1 6 8 J.
Page Y of ;; ..,.
PARCEL NO. 139DAME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE
EASEMENT
ALL THA T PART OF TRACT N, LEL Y GOLF ESTA TES TRACT MAP AS RECORDED IN PLA T
BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA BEING MORE PARTlCULARL Y DESCRIBED
AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89"27'.38"
EAST A DISTANCE OF 6.25 FEET TO THE BASELINE OF THE PROPOSED DRAINAGE
IMPROVEMENTS BEING STATION 68+98..3.3; THENCE SOUTH 00'19'53" WEST ALONG SAID
BASELINE A DISTANCE OF 151.0.3 FEET TO THE BEGINNING OF A CURVE CONCA VE
EASTERL Y AND HAVING A RADIUS OF 2.500.00 FEET BEING STA TION 67+41.52; THENCE
SOUTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03"29'47" AN ARC DISTANCE OF 152.S6 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45,00 FEET BEING STATION
65+88,95; THENCE SOUTHW[STERL Y ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 93"44'32" AN ARC DISTANCE OF 7.3.62 FEET BEiNG STATION
65+15.3.3; THENCE NORTH 89'25'2.3" WEST A DISTANCE OF 1,0.31.17 FEET BEING
STA TIDN 54+84,16; THENCE LEA VlNG SAID BASELINE SOUTH 00'34'37" WEST A
DISTANCE: OF 50,00 FEET TO THE SOUTHERL Y LINE OF AN EXISTING 100' WIDE
DRAINAGE RIGHT-OF-WAY AND THE POINT OF BEGINNING OF A 12.00 FOOT WIDE
DRAINAGE. ACCESS AND MAINTENANCE EASEMENT LYING 6,00 FEET ON EACH SIDE 01
THE FOLLOWING DESCRIBED CENTERLINE;
THENCE SOUTH 44'52'59" WEST A DISTANCE OF 92.91 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75,00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
59'00'06" AN ARC DISTANCE OF 77.2.3 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHERL Y AND HAVING A RADIUS OF 68.30 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
29'13"59" AN ARC OISTANCE OF .34,85 FEET;
THENCE SOUTH 74'39'07" WEST A DISTANCE OF 19.42 FEU TO TNE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 143.41 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF'
26'22'02" AN ARC DISTANCE OF 66,00 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCA VE SOUTHERL Y AND HA VING A RADIUS OF 200,27 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGII A CENTRAL ANGLE OF
16'40'18" AN ARC DISTANCE OF 58,27 FEET;
THENCE SOUTH 84'20'51" WEST A DISTANCE OF 32.47 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET;
THENCE' WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
18'27"22" AN ARC DISTANCE OF 16.11 FEET:
THENCE soum 65'53'28" WEST A DISTANCE OF' 57,72 FEET TO THE BEGINNINC OF A
CURVE CONCA VE SOUTHEASTERLY AND HA VING A RADIUS OF 36.00 FEET;
!HENCE SOU TII WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 11"10'52" AN ARC DISTANCE OF 7,03 FEET;
THENCE SOUTH 54'42'37" WEST A DISTANCE OF 38,99 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 36,00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE OF
25'55'12" AN ARC DISTANCE OF 16.29 FEET;
THENCE SOUTH 80'37'49" WEST A DISTANCE OF 30.17 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75.00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
43"31'50" AN ARC OISTANCE OF 56.98 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERL Y AND HAVING A RADIUS OF 197.29 FEET;
THENCE NOR TH WESTERL Y ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE
OF 20'50'25" AN ARC DISTANCE OF 71. 76 FEET TO THE BEGiNNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 36,00 FEET;
THENCE NOR TH WESTERL Y ALONG TilE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 44'58'38" AN ARC DISTANCE OF 28.26 FEET;
THENCE NORTH 31"42'08" WEST A OISTANCE OF 30,94 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTIIWESTERL Y AND HAVING A RADIUS OF 100,00 FEET;
THENCE: NOH TH WESTERL Y ALONG THE ARC OF SAID CURVE THHOUGH A CENTRAL ANGLE
OF 17"15'59" AN ARC DISTANCE OF 30,14 FEET;
THENCE NORTH 48'58'07" WEST A DISTANCE OF 25.62 FEET TO THE BE'GINNING OF A
CURVE CONCAVE SOUTHERLY AND IIAVING A RADIUS OF 100.00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
41'25'01"' AN ARC DISTANCE OF' 72.29 F'EET;
THENCE SOUTH 89'36'53" WEST A DISTANCE OF' 136,23 FEET TO AN INTERSECT/ON
WITH THE ARC OF A .'10.'1- TANGENT CURVE CONCA VE NORTHERL Y AND WHOSE RADIUS
POINT BEARS NORTH 00'42'19" WEST A DISTANCE OF 100.00 FEET;
THENCE: WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGII A
CENTRAL ANGLE OF 07"19'23"' AN ARC DISTANCE OF 12.78 FEET;
THENCE NORTH 83"3.3"06" WEST A DISTANCE OF 100.23 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET;
THENCE SOU TII WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 65'23'22" AN ARC DISTANCE OF' 41.09 FEET;
>4-~ Rf\4SED flCJJlJNa
FOR; ..If;-. Dt:iGNEO BY:
COLLIER COUNTY STORM WA TER MANAGEMENT iii- NOLI ~~ 8Y~. JN4
nr.L: .. CHECKfO B'r. GPA
SKnCH AND DESCRIPTIQN or A. DRAINA.Ge. ACCESS I:::: " cooo
AND MAINTENANCE EASEMENT. PART OF TRACT N, U:::- OND.lCI.... ~r. PLOT.2
LELY CCU ESTATES TRACT IJAP. P.B. S. Pc. 20. ~::t:"'_--=:...~~~..':== .
COWER C()IJNTY. FLORIDA -.......-::.:::.-:::::-..:.-:...ao:-.:::-III.....':..====: sc...u, H.r.5.
NOT A SURVEY
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7599 2
LMI'(:~.2.\
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7599 2
SliCfT NO
D....n::S~p. 2J, 2009 5 OF 5
'-. FILE NO
EXHIBIT IIi?) I}
Page 5:01 .;
PARCEL NO. 139DAME
DESCRIPTION OF PERPETUAL. NON-EXCLUSIVE DRAINAGE. ACCESS AND
MAINTENANCE EASEMENT (CONTINUED)
TrlENCE SOUTH .31'0.3'.32" WeST A DiSTANCE OF 90.86 FEU TO TIlE BEGINNING OF A
CURVE CONCAVE. NORTHWESTf.RLY AND HAVING A ,9ADIUS OF 110.00 FEET;
THENCE SOU TliWES TERL Y ALONG THE ARC OF SAID CURVE TlI/lOUGH A CENTRAL ANGLE
0,.- 16'00'59" AN ARC DISTANCE OF 30.75 FEET TO THE BE.GINNfNG OF A COMPOUND
OURVE CONCA VE NORTHWESTERL Y AND flAVING A A'ADIUS OF 25.00 FEET;
THENCE SOUTHWESTER! Y ALONG THE ARO OF SAIO COMPOUND CURVE, TlII70UGrI A
CENTRAL ANGLE OF 04"21"47" FGR AN ARC DISTANCE OF 1.90 FEU TO POINT "A" AND
THE POINT OF TERMiNUS OF THE CENTERLINE HEREIN DESCRIBED, POINT "A" ALSO
BEING TflE POiN I OF BEGINNING OF A 10.00 FOOT WIDE DRAINAGE. ACCESS AND
MAINTENANCE EASEMENT LYiNG 5.00 FEET ON EACH SIDE OF TflE FOLLOWING
OESCR/8m CEN TERUNE;
BEGINNING A i SAID POiNT "A ";
THUICE CON TlNUlNG ALONG THE ARC OF THE AFORESAID CURVE WESTERL Y THROUGH' A
CENTRAL ANGLE OF 41'20'56" AN ARC DiSTANCE: OF 18.04 FEU TO THE BEGINNING OF
A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS 01- 161.92 FEU;
THENCE WESIERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
1823'31" AN ARC DISTANCE OF 51.98 FEU TO THE: BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERL Y AND HAVING A RADIUS OF 36.66 FEU;
THENCf WESTfRL Y ALONG THE AIIC OF SAID CURVE: TflROUGH A CENTRAL ANGLf OF
70'13'24" AN ARC DISTANCE 01- 44,93 FEU TO THE 8EGINNING Of- A (IE VERSE: CURVE
CONCAVE SOUTriWESTERLY AND HAVING A RADJUS OF 491.36 PEE 7;
THENCE NOR (,IWESTERL Y ALONG THE MIC OF' SAID CURVE THliOUGH A CENT.RAL ANGLE
()F 15'18'27" AN Ah'C DISTANCE OF 137.26 FEET;
tHENCE NoraH -0'41"14" WEST A DISTANCE OF 56.43 ITfT TO THE POINT OF
TERMiNUS 0;- T EASEMEN THEREIN OESCRI8W;
CONTAiNING 11,.54 SQUARE: FEU OF LAND MORE' OR LE:SS;
SUB,'ECT TO E EMENTS AND ,RESTRICITONS OF RECORD
~
---'-------------. ._-,-
CUy p, ADAMS, L S, NO. 4390
5-.-09 RHlst:D 8[,ARJNC
'OR ....~
COLLIER COUNTY STORM WA TER MANAGEMENT :::: au
~~ :m
SI<ETCIi AND DESCRIPnON OF' A DRAINAGE ACCESS I:::. . iA at
AND MAiNTENANCE: EASEMENT, PART OF mACT N. :u::: UNOACE_
LfLY COLF ESTATES TRACT MAP, P.B. B, PC. 20, =~.:-.::::.....~":.........:."i:l=:::::':
COLLIER COUNTY, FLORIDA ...-.--._-10.._........"'.... (_....111 SCALe:
-..__a_....._ _~_...
NOT A SURVEY
DESIGN 0 8Y;
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PERPETUAL, NON-EXCLUSIVE
DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
TECM.ROW
SEP 18, 2009
REVISED SEPT. l~. 2009
EXHIBIT
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L DIMENSiONS ARE IN FEET AND DECIMALS [HEREOF
2. P.o.B. at POINT Of BEGINNING
J. P.D.C. .. POINT OF COMMENCEMENT,
4. RD.\\'. '" RIGHI-OF-WAY,
5. [) A M E - DRAINAGE. ACCESS AND MAINTENANCE EASEMENT
6. L.B.E, .. LANDSCAPE BUFFER fASEI.IENT.
7. BEARINCS ARE BASED ON THf FLORIDA STATE PLANE
[AST ZONE, NAD 83/99 AD.JI./STl./ENT.
NOT A SURVEY
F~OLLlER COUNTY STORM WA TER MANAGEMENT iiii[l:ou
nTlf": ::::. ER &:
SKETCH AND DESCRIPTION OF A D.A.M.E :::::.
PART OF ROYAL PALM COUNTRY CLUB, LYING IN ~ .~=.E:.......... It \&.o;d .......,...... r... (DOjOM-_
SECnON 20, TOWNSHIP 50 SOUTH. RANGE 26 EAST __ ~ _ _. _ '-'-',..... _ II.... ... "1"1_"'_1111
COLLIER COUNTY, FLORIDA ~"-.:".::"::''';:::",~''''''--=-':::-J1.'''~'''l=::::''~ SCALE.'
DESIGNED BY,
DRA~ BY, J"'N
OI(CKW BY, CPA
,oco
VIEW:
DA TE"; APR. 2J, 200
1 OF 2
FILe NO.
10252
".
ABB PROJf:Cf NO
7599 2
~ --
SHEET NO.
PLon
!. '* 100' AC....O I: I0252-SD5
--'
EXHIBIT ,l (3 1/
'''lor ...J.... d L.
PARCEL NO. 142DAME
DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND
MAINTENANCE EASEMENT
ALL THA T PART OF ROYAL PALM COUNTRY CLUB LYING IN THE NORTHEAST
QUARTER OF SECTiON 20, TOWNS/liP 50 SOUTH, RANGE 26 EAST, COLLIER
COUN fY. FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE NORTHEAST CORNEr< OF TRACT N, LEL Y GOLF ESTA TES
TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20; THENCE SOUTH
89'27'38" EAST A DISTANCE OF 6.25 FEET 10 THE BASELINE OF THE
PROPOSED DRAINAGE IMPROVEMENTS BEING STA TlON 68+98.33; THENCE SOUTH
CO'19'S3" WEST ALONG SAID BASELINE A DISTANCE OF 15103 FEU TO THE
BEGINNING OF A CURVE CONCA VE LASTERL Y AND HA VING A RAD/US OF
2.500.00 FEU BEING STA TlON 67+41.52;
THENCE SOUTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03"29'47" AN ARC DISTANCE OF 152.56 FEET BEING STATION
65+88.95; THENCE LEA VING SAID BASELINE NOR /'H 71'23"33"' EAST A
DISTANCE OF 6.76 FEU TO THE EASfERL Y LINE OF AN EXISTING 30' DRAINAGE
RIGHT-OF-WAY AND THE POINT OF BEGINNING OF TJjE eASEMENT HElWN
BEING DESCRIBED;
THENCE SOUTH 02'45'54" WEST ALONG SAID EASTERLY LINE A DISTANCE OF
93.22 FEU TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURve
CONCA v'[ NORTHWESTERL Y AND WHOSE RADIUS POINT BEARS NORTH 20'18'45"
WEST A DISTANCE OF 70.00 FEU;
TliE'NCE LEA VING SAID EASTERL Y LINE NORTHEASTERL Y ALONG THE ARC OF
SAID NON-TANGENT GURVE fHROUGH A CENTRAL ANGLE OF 69'19'10" AN ARC
DISTANCE OF 84.69 FEU;
THENCE NORTH 04'23"29" WEST A DISTANCE OF 28.51 FEU TO THE
SOUTHERL Y LINE: OF AUGUSTA COURT CONDOMINIUM (C.P.B. 20, PG. 31) AND
AN INn-RSECTlON WITH THE ARC OF A NON-TANGE.NT CURVE CONCAVE
NORTHERL Y AND WHOSE RADiUS POINT BEARS NORTd 01'01"55" WEST A
DISTANCE OF 4,000.00 FE[1;
THENCE WESTERLY ALONG SAID SOUTHERLY LiNE AND THE ARC OF SAID
NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00'33'32" AN ARC
DISTANCE OF 39.02 I' E[1 TO lHE: POINT OF BEGINNING OF THE EASEMENT
HE:REIN DESCR/BED; I
CONTAINING 3.207 S UARE: FE[1 OF LAND. MORE: OR LESS.
SUBJECT TO EASE NTS AND RE:STRICTlONS OF RECORD.
GUY P. ADAMS. P.
----------------------
NO. 4390
Rf"'SED SfPr. 18, 2009
NOT A SURVEY
F~HOLLlER COUNTY STORM WATER MANAGEMENT liil:. NO:U ~~:[~y:BY' ,)AN bi<:
TlllC. ::::: BER '" OlfCKW 8Y.- GPA
SKETCH AND DESCRIPTION OF A DAM.E. :::::. COGO
PART OF ROYAL PALM CQUNmy CLUB LYING IN ...... UNOAGE.- V1EW: PlOTZ DA rE:: APR. 23, 200
SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 [AST =:.::t::.~~=:.:~~I'l...:=:::=~
COLLIER COUNTY, FLORIDA ~,,-:...=.:..~::'"~.....--:-.:::__ft.N.":_I=:::~ SCALE: N.T.s.. ACAD /:10252505
1684
ABe PROJECT NO
7599 2
SHEET NO.
2 OF 2
FlLE NO.
10252
PROJECT: LASIP Main (E-W)
PARCEL No(s): 139TCE 1 & 2
FOLIO No(s): a portion of # 55151720006
EXHIBIT Ji ( "
Pa~ \ ell
-
1684
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this day of
, 20_, by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC. , a Florida not-for-profit corporation , whose mailing address is 405
Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter 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 over,
under, upon and across the lands described in Exhibit "A" and Exhibit "D" (hereinafter
collectively referred to as "TCE"), which is attached hereto and made a part of this
Agreement, for the purpose of constructing pavement and pathway improvements
within the access and maintenance easement immediately adjacent thereto; and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser
are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT
AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE
AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; 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 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. 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 $12,700.00 (said
transaction hereinafter referred to as the "Closing"). Said payment to Owner,
payable by County Warrant, shall be full compensation for the Easement
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and shall be in full and final settlement of any damages resulting
to Owner's irrigation system, including but not limited to 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 Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
EXHIBIT lIe. 11
P8~ L 01-1-
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the TCE, the execution of such instruments 16 8 4
which will remove, release or subordinate such encumbrances from the TCE upon
their recording in the public records of Collier County, Florida. Owner shall cause
to be delivered to Purchaser the items specified herein and the fOllowing
documents and instruments duly executed and acknowledged, in recordable form
(hereinafter referred to as "Closing Documents") on or before the date of Closing:
(a) Temporary Construction Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) 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 Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the TCE. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner and Purchaser 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. 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) Purchaser's acceptance of the TCE shall 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,
except as specifically stated to survive closing in this document in sections
6 (h), 7, 8, 9 and 10, or scheduled to occur after closing in sections 8 and
9.
(c) No party or person other than Purchaser 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 Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
II 11
EXHIBIT C-
p~ 3d 1168
(e) There are no maintenance, construction, advertising, management, 4-
leasing, employment, service or other contracts affecting the TCE, except
for membership agreements currently in effect.
(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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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 Purchaser.
(h) The property underlying the TCE, 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 TCE except
as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the TCE; b) any existing or
threatened environmental lien against the property underlying the TCE; or
c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes,
or biological or radioactive contamination on the property underlying the
TCE. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. A portion of Purchaser's proposed construction project will include rebuilding and
repositioning a cart path/access road over and upon the 1ih and 13th fairway of the
Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Cart Path Improvements").
Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path
running approximately from Station 41+25 to Station 43+75 , and from Station
52+50 to Station 53+75 of the Plans and Specifications for the LEL YEAST-WEST
CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda
#419 or similar grass that portion of Cart Path Improvements running approximately
from Station 43+75 to Station 52+50 of the above referenced plans. The existing
cart path will be removed from approximately Station 44+20 to Station 49+20 of
said plans, and be leveled and planted with Bermuda grass #419. (See attached
Exhibit "0" for Cart Path removal easement area).
11\ 1'1
EXHIBIT c.
p~ I-{ d 7_
8. Subject to extraordinary weather events, such as a named hurricane impacting thl6l1J 11-
Collier County area during the month of April or May, 2010, Purchaser shall ~
schedule all construction activity for the Cart Path Improvements from station 41 +25
to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the
applicable fairways from normal golf play during this period of construction, and
direct patrons around the construction site. Commencing on the date of June 1,
2010, and for each day thereafter or portion thereof that construction is underway
on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per
day for each day construction activity prevents usage for playability of golfon these
fairways. Such payment shall be made within thirty (30) days of completion of
construction. Purchaser shall notify Owner upon completion of the Cart Path
Improvements, and Purchaser and Owner shall meet at the property to mutually
inspect and agree upon satisfactory completion.
9. Purchaser shall require the construction contractor to carry at least $1,500,000 in
casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc.
being named in such insurance policy to the extent its interests may appear.
10. Owner desires to access and remove certain trees located within a County
drainage easement, described in Exhibit "E", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Existing Canal Easement");
Owner and Purchaser mutually agree that such trees may be marked, removed
and relocated at Owner's sole expense, provided that any removal and relocation
be completed prior to December 31, 2009. Any trees and planted vegetation
remaining within the Existing Canal Easement after December 31, 2009 shall be
the exclusive property of the Purchaser, without claim of any kind by Owner.
Owner shall indemnify and hold Purchaser harmless from any claim or liability
resulting from Owner's activity in removal of trees and/or planted vegetation from
the Existing Canal Easement.
11. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of any of Owner's representations under paragraph 6(h). This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
12. Purchaser shall pay all fees to record any curative instruments required to clear
title, all TCE 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 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. In accordance with the
provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, this Easement is being acquired under
threat of condemnation and no stamp tax liability shall accrue to Owner.
13. The term of the TCE shall be 365 days (one year), which term shall commence
upon the recording of a Temporary Construction Easement in the Public Records
of Collier County. In the event that the construction of the public facilities has not
been completed within the initial term of the TCE, Purchaser reserves the right to
record in the Public Records of Collier County a Notice of Time Extension which
shall extend the term of the TCE for one (1) additional year only. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
11 If
EXHIBIT c
Page ~ ci 1
14. This Agreement and the terms and provisions hereof shall be effective as of thlJ 6 I1J 4.
date this Agreement is executed by both parties and shall inure to the benefit" il11 ....
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and/or assignees,
whenever the context so requires or admits.
15.lf 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, 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 Purchaser, 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.)
16. 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
Purchaser.
17.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.
18. 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 PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, Chairman
~
EXHIBIT VI-=--
Page G, d-'
AS TO OWNER:
DATED: IJ Is /0")
. / '
1684
ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not-for-profit
corporation
on
i1II/in.)itJ
Witness (Signature)
/JtJ;JfJrl-/J /VI, f-JA-(2Mw
Name (Print or Type)
01 L<<d;7 ~~
'Witness (Signature)
c;/t/J)./J 7. 7JE{~Jl/f/
Name (Print or Type)
//
~'
William Schmitz, President
Approved as to form and
legal sufficiency:
Assistant County Attorney
EXHIBITS
I' II
EXHIBIT c .
Page "I of....::L
1684
(PLEASE REFER TO ORIGINAL DOCUMENT)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 60 JJ.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE "f
Print on pink paper. Attach 10 original document. Original documents should be hand delivered to the Board Office, The completed routing slip lmd original
documents are to be forwarded to the Board Ollice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 a~ appropriate tor additional signatures, dates, and/or information needed, If the document is already complete with the
exec lion of the Chairman's 5i nature, draw a line throll h routin lines # I throu #4, com lete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routin order)
1.
Office
Initials
Date
2.
'\t'J\ \0
3.
4.
5. Ian Mitchell, BCC Supervisor
Board of County Commissioners
'Please scan under LASlP (Main Canal E-W) Project No. 51101 in the BMR Real Property Folder. Thank you
PRIMARY CONTACT INFORMATION
(The primary conta;t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is nceded in the event onc ofrlle addressees abovc, inclllling Sue Filson, need to crntact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the BeC ornee only alter the Bee has acted to approve the
item)
6. Minutes and Records'
Clerk of Court's Office
Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843
Contact For: Paul Voung. Sf. Prop. Acq. Specialist
Agenda Date Item was January 12,20 I 0 Agenda Item Number 16.B.4
Approved by the BCC
Type of Document Temporary Construction Easement Number of Original One
Attached Agreement Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne oliated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forvvarding to Tallahassee within a certain
time frame or the BCCs actions arc nullified. Be aware of 'our deadlines'
The document was approved by the Bee onOll12/tO (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Ves
(Initial)
NiA(Not
A licable)
2.
3.
4.
5.
6.
r~
N/A
~
~
~
~
I: Formsl eOlUlty Formsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09
Date:
To:
From:
Re:
MEMORANDUM
January 14,2010
Robert Bosch
Right-of-Way Coordinator
Transportation Department
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Temporary Construction Easement Agreement
Project: LASIP Main (E-W)/Parcel #139TCE 1 & 2
Per your request you will find enclosed one copy of the document referenced
above (Agenda Item #16B4), adopted by the Board of County Commissioners
on January 12, 2010.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosures
1684
PROJECT: LASIP Main (E-W)
PARCEL No(s): 139TCE 1 & 2
FOLIO No(s): a portion of# 55151720006
1684
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this (2 rll- day of
::rAl4u~fU/ , , 20~, by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC. , a Florida not-for-profit corporation , whose mailing address is 405
Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter 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 over,
under, upon and across the lands described in Exhibit "A" and Exhibit "0" (hereinafter
collectively referred to as "TCE"), which is attached hereto and made a part of this
Agreement, for the purpose of constructing pavement and pathway improvements
within the access and maintenance easement immediately adjacent thereto; and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser
are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT
AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE
AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; 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 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. 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 $12,700.00 (said
transaction hereinafter referred to as the "Closing"). Said payment to Owner,
payable by County Warrant, shall be full compensation for the Easement
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and shall be in full and final settlement of any damages resulting
to Owner's irrigation system, including but not limited to 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 Purchaser, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
'"
1684
3. Prior to Closing, Owner shall obtain 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. Owner shall cause
to be delivered to Purchaser the items specified herein and the following
documents and instruments duly executed and acknowledged, in recordable form
(hereinafter referred to as "Closing Documents") on or before the date of Closing:
(a) Temporary Construction Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) 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 Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the TCE. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5. Owner and Purchaser 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. 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) Purchaser's acceptance of the TCE shall 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,
except as specifically stated to survive closing in this document in sections
6 (h), 7, 8, 9 and 10, or scheduled to occur after closing in sections 8 and
9.
(c) No party or person other than Purchaser 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 Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
1684
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE, except
for membership agreements currently in effect.
(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 Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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 Purchaser.
(h) The property underlying the TCE, 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 TCE except
as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the TCE; b) any existing or
threatened environmental lien against the property underlying the TCE; or
c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes,
or biological or radioactive contamination on the property underlying the
TCE. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. A portion of Purchaser's proposed construction project will include rebuilding and
repositioning a cart path/access road over and upon the 1ih and 13th fairway of the
Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Cart Path Improvements").
Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path
running approximately from Station 41+25 to Station 43+75 , and from Station
52+50 to Station 53+75 of the Plans and Specifications for the LEL YEAST-WEST
CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda
#419 or similar grass that portion of Cart Path Improvements running approximately
from Station 43+75 to Station 52+50 of the above referenced plans. The existing
cart path will be removed from approximately Station 44+20 to Station 49+20 of
said plans, and be leveled and planted with Bermuda grass #419. (See attached
Exhibit "D" for Cart Path removal easement area).
1684
8. Subject to extraordinary weather events, such as a named hurricane impacting the
Collier County area during the month of April or May, 2010, Purchaser shall
schedule all construction activity for the Cart Path Improvements from station 41 +25
to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the
applicable fairways from normal golf play during this period of construction, and
direct patrons around the construction site. Commencing on the date of June 1,
2010, and for each day thereafter or portion thereof that construction is underway
on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per
day for each day construction activity prevents usage for playability of golf on these
fairways. Such payment shall be made within thirty (30) days of completion of
construction. Purchaser shall notify Owner upon completion of the Cart Path
Improvements, and Purchaser and Owner shall meet at the property to mutually
inspect and agree upon satisfactory completion.
9. Purchaser shall require the construction contractor to carry at least $1,500,000 in
casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc.
being named in such insurance policy to the extent its interests may appear.
10. Owner desires to access and remove certain trees located within a County
drainage easement, described in Exhibit "E", which is attached hereto and made a
part of this Agreement (hereinafter referred to as the "Existing Canal Easement");
Owner and Purchaser mutually agree that such trees may be marked, removed
and relocated at Owner's sole expense, provided that any removal and relocation
be completed prior to December 31, 2009. Any trees and planted vegetation
remaining within the Existing Canal Easement after December 31, 2009 shall be
the exclusive property of the Purchaser, without claim of any kind by Owner.
Owner shall indemnify and hold Purchaser harmless from any claim or liability
resulting from Owner's activity in removal of trees and/or planted vegetation from
the Existing Canal Easement.
11. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of any of Owner's representations under paragraph 6(h). This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
12. Purchaser shall pay all fees to record any curative instruments required to clear
title, all TCE 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 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. In accordance with the
provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, this Easement is being acquired under
threat of condemnation and no stamp tax liability shall accrue to Owner.
13.The term of the TCE shall be 365 days (one year), which term shall commence
upon the recording of a Temporary Construction Easement in the Public Records
of Collier County. In the event that the construction of the public facilities has not
been completed within the initial term of the TCE, Purchaser reserves the right to
record in the Public Records of Collier County a Notice of Time Extension which
shall extend the term of the TCE for one (1) additional year only. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
1684
14. 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, and/or assignees,
whenever the context so requires or admits.
15.lf 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, 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 Purchaser, 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.)
16. 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
Purchaser.
17. 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.
18. 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 PURCHASER:
DATED: 6(-U-;Le>(D
ATTEST:
DWIGHT E. BROCK, Clerk
~~_\z
Attes.\ ntge y erk
l \QlI6turt on I .
BOARD OF COUNTY COMMISSIONERS
COLLIER CqIJNTY, FLORIDA
,
BY: 'Of' .;';-I)~.I","' ..~
DONNA FIALA, Chairman
AS TO OWNER:
1684
DATED: IJ /3 Jo'}
. / I
ROYAL PALM COUNTRY CLUB OF
NAPLES, INC., a Florida not-for-profit
corporation
on
1k/irJ/iLf
Witness (Signature)
f)tlrJ/lrt-IJ /VI, J-/AI2Mw
Name (Print or Type)
j;/ /?
C'i Ltd..! /.?4ckn.l
'Witness (Signature)
&; ///1 jt IJ 7 7J L(,f';v ( I
Name (Print or Type)
/J~a ,t
William Schmitz, President
Approved as to form and
legal sufficiency:
~Y:>JO ~
Assis t County Attorney
,.
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PARCEL NO. 139TCE1
TEMPORARY
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DURATION: ONE YEAR FROM
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1. D/MENSlONS ARE; IN fEET AND DfCIMALS THEREOF.
2. P.D.B. ... POINT OF BEGINNING.
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B. r.C.E. .. TEMPORARY CONSTRUCTION EASEMENT.
9. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE
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NOT A SURVEY
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COUNTY STORM WATER MANAGEMENT :i:: ORAlWoo' BY, JAN
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1. DIMENSIONS ARE IN FEU AND DEC/MALS THeREOF.
2. P.D.8. ~ POINT OF ElEGiNNlNG.
J. P.O.C. '" POINT OF COMMENCEMENT.
4. P.O, T. .. POINT OF 1FRMINUS.
5. R.O.W, ... RIGHT-OF-WAY,
6 D.E. '" DRAINAGE EASEMENT.
7 L.B.E. .. LANDSCAPE BUfFER EASEMENT.
8. T.C.E. .... T[MPOR,I,RY CONSTRucnON EASEMENT,
S!. BEARINCS ARE 8A.SED ON THE FLORiDA. STATE PLANE
CAST ZONE, NAO 8J/99 ADJUSTMENf.
NOT A SURVEY
FOR: ..... DESIGNED BY:
COLLIER COUNTY STORM WA TER MANAGEMENT ::5:. ORA~ BY; JAN
nIU:; .... CHECKW BY: GPA.
SKnCJ.l AND DESCRIPnON OF A TE:MPORARY IIIII COGO
CONSTRucnON EASEMENT. PART OF TRACT N, 1::::1 VNDAGE.- \1EW'
LHY GOLF ESTAlES TRACT MAP, P.8, 8, PC. 20, =:....~"::.~..:~~:..:.u;.".....'::l::~-I~ .
COLLIER COUNTY, FLORIOA ~~.,-=":;:;:'"i:::t"-'.."",-"'"':"'::-"'''''-:''''l=~ SCIILC:
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AB8 PROJECT NO.
7599-2
SHeH NO
PLOn Oil TE: SfP. 23. 200g 3 OF 5
FILE NO
1~.. 100' A.CALI I:10252-5D88 10252
~J
EXHIBIT
Page ~\ of
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,-
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~
1684
PARCEL NO. 139TCE1
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
All THA T PART OF TRACT N, lEl Y GOLF ESTA TES TRACT MAP AS RECOROED IN PlA T
BOOK 8, PAGE 20, COlliER COUNTY, FLORIDA BDNG MORE PARTlCUlARL Y DESCRIBED
AS FOLLOWS;
COMMENCINC A T THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89'27'38"
EAST A DISTANCE OF 6.25 FEET TO THE BASElINE OF THE PROPOSED ORAINAGE
IMPROVEMENTS BEING STA nON 68+98.33; THENCE SOUTH 00'19'53" WEST ALONG SAID
BASELINE A DISTANCE OF 151.03 FEET TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 2,500.00 FEET BEING STATION 67+4152; THENCE
SOUTHERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03'29'47" AN ARC DISTANCE OF 152.56 fEET TO THE BEGINNING OF A REVERSE CURVE
CONCA VE NORTHWESTERL Y AND HA VING A RADIUS OF 45.00 FEET BEING STA TlON
65+88.95; THENce SOUTHWESTERL Y ALONG THe ARC OF SAID CURve THROUCH A
ceNTRAL ANGLE OF 93'44'32" AN ARC DISTANCE OF 73.62 fEET BEING STA TlON
6~+15.33; THENCE NORTH 89'25'23" WEST A DISTANCE OF 1,031.17 FEET BeiNG
STA TlON 54+84.16; THeNce lEAVING SAID BASElINE SOUTH 00'34'37" WEST A
DISTANCE OF 50.00 FeET TO THe SOUTflfRl Y LINE OF AN EXISTING 100' WIDE
DRAINAGE RICHT-OF-WAY AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN
BEING DESCRIBED, SAID EASEMENT BEING 22,00 FEET WIDE LYING 11.00 FEfT ON EACH
sIDe OF THe FOLLOWING DESCRIBED CENTERLINE;
THENCE SOUTH 44'52'59" weST A DISTANCE OF 92.91 FEET TO THE BeGINNING OF A
CURVE CONCAVE NORTHERl Y AND HAVING A RADIUS OF 75.00 FEET;
THENCE WESTERl Y ALONG mE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
59'00'06" AN ARC DISTANCE OF 77.23 FefT TO TflE BEGINNING OF A REVERSE CURVE
CONCA VE SOUTHERL Y AND HA VING A RADIUS OF 6830 FEfT;
THENCE WESTERL Y ALONG TflE ARC OF SAID CURVE THROUGH A CEN TRAl ANGLE OF
29'13'59" AN ARC DISTANCE OF 34.85 FEET;
THENCE SOUTH 74'39'07" WEST A OISTANCE OF 19.42 fEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERl Y AND HAVING A FIADIUS OF 143.41 FEET;
TflENCE WESTERl Y ALONG THE ARC OF SAID CURVE THROUCH A CENTRAL ANGLE OF
26'22'02" AN ARC DISTANCE OF 66.00 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 200.27 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16'40'/8" AN ARC DISTANCE OF 58.27 FEET;
THENCE SOUTH 84'20'51" WEST A DISTANCE OF 32.47 FEET TO TliE BEGINNING OF A
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET;
THENCE WESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE Of-
18'27'22" AN ARC DISTANCE OF 16.11 FEU;
THENCE SOUTH 6,,'53'28" WEST A DISTANCE OF 57.72 FEET TO THE BEGINNING OF A
CUI-IVE CONCA VE SOUTHEASTERL Y AND HA VING A RADIUS OF 36,00 FEET;
THENCE SOUTHWESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF /1'10'52" AN ARC DISTANCE OF 7.03 FEU;
THENCE SOUTH 54'42'37" WEST A DISTANCE OF 38.99 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 36.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THRDUGli A CENTRAL ANGLE OF
25'55'12" AN ARC DISTANCE OF 16.29 FEET;
THENCE SOUTH 80'37'49" WEST A DISTANCE OF 30.17 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75.00 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
43'31'50" AN ARC DISTANCE Of' 56.98 FEU TO THE BEGINNING OF A REVERSE CURVE
CONCA VE SOUTHWESTERl Y AND HAVING A RADIUS OF 197.29 FEU;
THENCE NOR TH WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 20'50'25" AN ARC DISTANCE OF 71.76 FEET TO TflE BEGINNING OF A REVERSE
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET;
THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 44'58'38" AN ARC DISTANCE OF 28.26 FEU;
THENCE NORTH 31'42'08" 'IIEST A DISTANCE OF 30.94 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 100.00 FEU;
THENCE NDi1THWESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 17'15'59" AN ARC DISTANCE OF 30.14 FEET;
THENCE NORTH 48'58'07"" WEST A DISTANCE OF 25.62 FEU TO THE BEGINNING OF A
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100,00 FEU;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
41'25'01" AN ARC DISTANCE OF 72.29 FEU;
THENCE SOUTH 89'36'53" WEST A DISTANCE OF 136.23 FEEl' TO AN INTERSECTION
WITH THE ARC OF A NON- TANGENT CURVE CONCAVE NORTHERL Y AND WHOSE RADIUS
POINT BEARS NORTH 00'42'19" WEST A DISTANCE OF 100.00 FEET;
THENCE WESTERl Y ALONG THE ARC OF SAID NON- fANGENT CURVE TflROUGH A
CENTRAL ANGLE OF 07"19'23" AN ARC DISTANCE OF 12.78 FEU;
THENCE NORTH 83"33'06" WEST A DISTANCE OF 100.23 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET;
TflENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 65"23'22" AN ARC DISTANCE OF 41.09 FEU;
5_4_0~ REV/SED SEARING
NOT A SURVEY
FOR; I;;;ft...",
COLLIER COUNTY STORM WA TER MANAGEMENT :;I~NOlJ
nILE: SKETCH AND DESCRIPTION OF A Tf:MPORARY :::EI~ 6;
CONSTRue nON EASEMENT. PART OF TRACT N, ::::~~~GE.-. \01("~'
LELY GOLF [STATES TRACT MAP, P.B. 8, PG. 20, ==.~=:....~":......:..-:===~
COLLIER COUN [y, FLORIDA ~..-:..=. '=:. :aw..:.__ ~.::"'-.. MIa:.. ==:::.: SCALe.
Of$lGNED By:
ORAI\N BY: #ON
CHECK[Q BY: CPA
COGO
bl(:
A.BS PROJLCT NO
7599 2
N.r.5.
SHa:TNQ.
DA TE"; SCP. 2J, 2009 4 OF 5
FILl: NO.
ACAD "102~-SD8I. 1 0252
PLOT2
I--~-
I
1684
PARCEL NO, 139TCE1
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
(CONTINUED)
THENCE SOUTH 31'03"32" WEST A DISTANCE OF 90.86 FEU TO THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 110.00 FEU;
THENCE SOU TH WESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 16'00'59" AN ARC DISTANCE OF 30.75 FEU TO THE BEGINNING OF A COMPOUND
CURVE CONCA VE NORTHERL Y AND HA VING A RADIUS OF 25.00 FEU;
THENCE WES7ERl Y ALONG THE ARC OF SAID COMPOUND CURVE, THROUGH A CENTRAL
ANGLE OF 45'42'43" FOR AN ARC OISTANCE OF 19.95 FEET TO THE BEGINNiNG OF A
REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 161.92 FEET;
THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
18'23'31" AN ARC DiSTANCE OF 51.98 FEU TO THE BEGINNING OF A REVERSE CURVE
CONCA VE NORTHfRL Y AND HAVING A RADIUS OF 36.66 FEET;
THENCE WESTfRL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
70'13'24" AN ARC DISTANCE OF 44.93 FEU TO THE BEGINNING OF A REVERSE CURVE
CONCA VE SOUTHWESTERL Y AND HA VING A RADIUS OF 491..36 FEU;
THENCE NOR THWES TfRL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 15'18'21" AN ARC DISTANCE OF 131.26 FEfT,
THENCE NORTH 50'41'14" WEST A DISTANCE OF 56.43 FEET TO THE SOUTHE.RL Y LINE
OF AN EXISTING 1 'WIDE DRAINAGE RIGHT-OF-WAY AND THE POINT OF TERMINUS OF
THE EASEMENT H -IN DESCRIBED;
CONTAINING 34, SQUARE FEU OF LAND MORE OR LESS;
SUBJECT TO EA 10 ENTS AND RESTRICITONS OF RECORD
GUY P. ADAMS,
NO. 4390
5-<J-Or} RE\IlSE"D BEARING
FOR;
COlLIER COUNTY STORM
nru:::
NOT A SURVEY
.... DESlGNf:D 8Y;
WA TE:R MANAGEMENT Eii! ORA14N BY.' .IAN
..... CHECKED BY; GP..4
SKETCH AND DESCRIPTION OF A TEMPORARY ::n: COGO
CONSTRUCTION EASEMENT. PART OF TRACT N :::::: VNDAGE..... w;
LELY GOLF (STAT'[S TRACT MAP, P.B. 8, PG. 20. ~...._... pla.....n. "luIoI.~,.,... _l~ \i1f. PLOT2
C IER --.._...7____"*f<oo,fLa<l..~'u
OLL COUNTY, FLORiDA =-..-:'=:"'~:--":'''...~=-",WI.':...f:~ SCALE; N.T.S.
..,
ABB PRQ.E:Cr NO,
7599-2
SHUT NO.
DATE:: SEP. 23, 2009 5 OF 5
AI.E NO.
10252
AC"D 1:10252 SO
PROJECT: LASIP MAIN (E-W)
PARCEL No(s): 139DAME and 142DAME
FOLIO No(s): a portion of 00432040007 and 55151720006
EXHIBIT B 1684
P&ge- r -"Ot (,-
-
DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this day of
, 20_, by and between ROYAL PALM COUNTRY CLUB OF
NAPLES, INC" a Florida not-for-profit corporation, whose mailing address is 405 Forest
Hills Blvd., Naples, FI 34113 , (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a DRAINAGE,ACCESS, AND MAINTENANCE
EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit
"B" which are attached hereto and made a part of this Agreement (hereinafter referred to
collectively as the "Easemenf'); and
WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are
entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel
139TCE, which is attached hereto as Exhibit "C"; and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Easement.
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. 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 Easement to Purchaser for the sum of:
$64,700,00
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, shall be full compensation for the
Easement conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, including but not limited to the
cost to relocate the existing irrigation system and other improvements, 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 Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
EXHIBIT ,,~/J
p~ 2 of (,
-
1684
Page 2
3. Prior to Closing, 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. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall cause to be delivered to Purchaser the items specified herein
and the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents") on or before the
date of Closing:
(a) Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) 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 Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur at Collier Transportation SeNices, 2885 S. Horseshoe Drive, Naples, FI
34104 within ninety (90) days from the date of execution of this Agreement by the
Purchaser; provided, however, that Purchaser shall have the unilateral right to extend
the term of this Agreement pending receipt of such instruments, properly executed,
which either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as "Net
Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser.
5, Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system 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, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the 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 Property prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall sUNive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and Purchaser 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. Owner agrees, represents and warrants the following:
EXHIBIT "~"
p. 30tb
Page 31 6 8 4
-
(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
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall 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, except
as specifically stated to survive closing in this document in sections 7 (h) and
8.
(c) No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreernent 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 Purchaser to such conveyance,
encumbrance, or agreement, which consent may be withheld by Purchaser
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 Purchaser in writing prior to the
effective date of this Agreement
(g) Purchaser 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, except as expressly
permitted in section 5 of this document 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 Purchaser.
(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 Purchaser; 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 Purchaser,
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
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, such as
petroleum products, industrial wastes, medical or pharmaceutical wastes, or
biological or radioactive contamination on the property underlying the
EXHIBIT 'f/3 If pagl6 84
p. Lf of~
Easement. This provision shall survive Clo:ling and is not deemed satisf\90
by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser 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 Purchaser 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. Purchaser shall pay all fees to record any curative instruments required to clear title,
all Easement 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 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. In accordance with the provisions of Section
201.01, Florida Statutes, related to the exemptions against payment of documentary
stamp taxes by Purchaser, the Easement is being acquired under threat of
condemnation and no stamp tax liability shall accrue to Owner.
10, 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.
11. 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, 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 Purchaser. (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.)
12. 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 Purchaser.
13. 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.
EXHIBIT "13 If
Page ~ of b
-
1684
Page 5
14. 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 PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, Chairman
AS TO OWNER:
DATED:
ROYAL PALM COUNTRY CLUB OF NAPLES,
INC., a Florida not-for-profit corporation
on
Witness (Signature)
William Schmitz, President
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
EXHIBIT II ~tl
Page (., of (" _
EXHIBITS
1684
(PLEASE REFER TO ORIGINAL DOCUMENT)
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MA TCHLlNE SEE SHEET 2 OF 4
PARCEL NO, 139TCE2
TEMPORARY CONSTRUCTION EASEMENT
DURATION: ONE YEAR FROM
DATE OF CONVEYANCE
TECM,ROW
SEP 23, 2009
GFNtRAl ~()TFC;.
I. OlUf:NSlONS ARE IN FEET AIoID OCOUALS mEREOF'.
2. P.O.S. ... paINT OF BEGINNING.
J. P.O.C. ... POINT Of" COUMCHCD.4CNT.
4. P.O. T. = POINT CF rrRMINUS,
.5. R.O.W. .. RIGHT-OF-WAY.
6. O.E. ... DRAINAGE CAsalEHT.
7. LB.E. .. LANDSCAPE BUFFER EASEMENT.
8. r.C.E. ... TDJPCRARY CONSTRUCTION C....SEMENT.
9. BEARlN<>S ARE BA.SED ON THE flORIDA. STAl[" PLANE
EAST ZON[. NA.O BJ/99 AOJUSTJ.4EHT.
SkETCH AND DESCRIPTION OF A TEMPORARY
CONSmUCnON EASEMENT. PART OF TRACT N,
ILL Y GOLF ESTA rES TRACT MAP, P.B. 8, PG. 20,
COLUER COUNTY. flORIDA
FOI<
COLLIER COUNTY STORM
TITLE;
NOT A SURVEY
DeSIGNED SI':
lIRAlIN 9Y.' ..t.4N
.... &: g~~EO BY: IiPA
::::: UNDAGE..... VJE:w.. PL01
Prol'___.....~~...i1<Iul6._J1H"II -15 .
-~_____.............n._ ........u
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fill:
ABB PROJE:CT NO.
7599-2
SHffT NO.
DATE": SfP. 2J. 2009 1 OF 4
flU: NO.
ACAD "'0252-5010 10252
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i. DIMENSIONS ARE IN FEET AND DEClWALS 'THEREOF.
2. P.Q.B. ... POINT OF BEGINNING.
J. P.o.c. ... POINT OF' CONUENCDlENT.
4. P,D. r. .. POINT OF TE:m.lINUS.
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6. D.E. .. DRAlN;,GE EASWENT.
1. L/U:. - LAJolDSCN'E BlJfFER EASEMENT.
B. Toe.E:. - IDJPORAAY CONSTRUCJlON EASEUEHT.
9. BEARINGS ARE" BASED ON THE FLORIDA STAlE' Pf..ANE
EAST ZONE. HAD 83/99 AD.AJS'DiENT.
NOT A SURVEY
'CoLLIER COUNTY STORM WAlER MANAGEMENT liiiEOU g::;.,~:." .wi .~
TInE ..... . CHECKEO B'r.: GPA
. SKETCH AND DESCRIPTION OF A IDJPORARY I:::. cooo
CONSTRUCTION EASEMENT. PART OF 'TRACT N, :;:==. .laB.- 1ofEW: PlOT DA1E:stP. Do
my GOLF ESTATES mACT UAP. P.B. 8, PC. 20, ;:;:--_-::r-_--_'"o::::;_..:.._~_~~~==" _"'.
COUJER COUNTY. flORIDA o:...='...-=-_a____ ___=:= ~ ,- _ 100' AC)J) "'025,2-=10.
ASS PRO.JECT NO-
7599 2
SHEET NO.
2 OF 4
FILE NO.
10252
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2. P.D.B. .. POINT Of BEGWNlNG.
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4. P.o.T. '" POINT OF TERMINUS.
5. R.o.W. '" RIGHT-OF-WAY.
6. D.E. .. DRAJNAGE: u..SDAen
7. L8L == u.NDSCAPE: BUFF'f.R c.loSCMfNT.
8. T.e.f_ = TDtlPORARY CONSTRUC17ON fASE:A,frNT.
g. SCARINGS ARE BASED ON mf FLORIDA STAJ'E' PLANE
[A5T ZON[, NAD BJ/gg ADJU5TM[NT.
NOT A SURVEY
bk.'
PLon
DA~:S&. 2;1. 2
FOR: DESIGNED BY:
COLLIER COUNTY STORM WA TER MANAGEMENT olii 0''''''' 8" .-
17JlL: ... CHE:CKCD 8~ GPA
SKETCH AND D€SCRIPnON OF A TEMPORARY ...... co:;:o .
CONSTRUCTION EASEMENT, PART OF TRACT N. ::::: tffl'DAGB.-. VIEw.-
LELY GOLF ESTATES TRACT MAP, P.B. 8, PG. 20, ~.::!'::"'_~:"'-:"'"";"Il."';:=~:m .
COLLIER COUNTY, FlORIDA ~~",-:':::::"-:::=-';'"",---;:-':::-"'-:...== SCAlf: '... 100' ACId> /:1(1252-501
ABB PROJECT NO.
7599-2
SHeET NO.
J OF 4
FlI..E NO.
10252
EXHIBIT -Jlv 1681/#
Page~of '-f
PARCEL NO, 139TCE2
DESCRIPTiON OF" TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PART OF" TRACT N, LEL Y GOLF" ESTA TES TRACT MAP AS RECORDED IN PLA T
BOOK 8, PAGE 20, COLLIER COUNTY, F"LORIDA BEING MORE PAR TiCULARL Y DESCRIBED
AS F"OLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF" SAID TRACT N; THENCE SOUTH 89'27'38"
EAST A DISTANCE OF" 6.25 F"EU TO THE BASELINE OF" THE PROPOSED DRAINAGE
IMPROVEMENTS BEING STATiON 68+98.33; THENCE SOUTH 0019'53" WEST ALONG SAID
BASELINE A DISTANCE OF" 151.03 F"EU TO THE BEGINNING OF" A CURVE CONCAVE
EASTERL Y AND HAVING A RADIUS OF" 2,500.00 F"EU BEING STA TiON 67+41.52; THENCE
SOUTHERL Y ALONG THE ARC OF" SAID CURVE THROUGH A CENTRAL ANGLE OF"
03'29'47" AN ARC DISTANCE OF" 152.56 F"EEr TO THE BEGINNING OF" A REVERSE CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF" 45.00 F"EEr BEING STATION
65+88.95; THENCE SOUTHWESTERL Y ALONG THE ARC OF" SAID CURVE THROUGH A
CENTRAL ANGLE OF" 93'44'32" AN ARC DISTANCE OF" 73.62 F"EU BEING STA TiON
65+15.33; THENCE NORTH 89'25'23" WEST A DISTANCE OF" 1,571.98 F"EU BEING
STATiON 49+43.35; THENCE LEAVING SAID BASELINE SOUTH 00'34'37" WEST A
DISTANCE OF" 207.41 F"EU TO THE POINT OF" BEGINNING OF" THE EASEMENT HEREIN
BEING DESCRIBED, SAID EASEMENT BEING 16.00 F"EU WIDE LYING 8.00 F"EEr ON EACH
SIDE OF" THE F"OLLOWING DESCRIBED CEN TERLlNE;
THENCE NORTH 76'28'19" WEST A DISTANCE OF" 22.04 F"EU;
THENCE NORTH 73'53'09" WEST A DISTANCE OF" 56.64 F"EEr TO THE BEGINNING OF" A
CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF" 417.17 F"EEr;
Tl-/ENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
14'17'48" AN ARC DISTANCE OF" 104.09 FEEr TO AN INTERSECTiON WITH THE ARC OF" A
NON- TANCENT CURVE CONCA VE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH
06'27'47" EAST A DISTANCE OF" 934.91 F"EEr;
THENCE WESTERL Y ALONG THE ARC OF" SAID NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF" 05'57'58" AN ARC DISTANCE OF" 97.35 F"EEr TO AN INTERSECTiON
WITH THE ARC OF A NON- TANGENT CURVE CONCA VE SOUTHERL Y AND WHOSE RADIUS
POINT BEARS SOUTI-/ 13'58'09" WEST A DISTANCE OF" 757.90 F"EEr;
THENCE WESTERL Y ALONG THE ARC OF" SAID NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF" 05'23'00" AN ARC DISTANCE OF" 71.21 F"EEr TO AN INTERSECTiON
WITH THE ARC OF" A NON- TANGENT CURVE CONCA VE NORTHERL Y AND WHOSE RADIUS
POINT BEARS NORTH 07'17'25" EAST A DISTANCE OF" 315.26 F"EEr;
THENCE WESTERL Y ALONG THE ARC OF" SAID NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF" 12'08'36" AN ARC DISTANCE OF" 66.82 F"EU TO AN INTERSECTION
WITH THE ARC OF" A NON-TANGENT CURVE CONCA VE SOUTl-/ERL Y AND WI-IOSE RADIUS
POINT BEARS SOUTH 19'30'43" WEST A DISTANCE OF 226.54 F"EEr;
THENCE WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A
CENTRAL ANGLE OF" 16'23'23" AN ARC DISTANCE OF" 64.80 F"EET;
THENCE SOUTH 89'27'16" WEST A DISTANCE OF" 24.30 F"EEr TO THE BEGINNING OF" A
CURVE CONCAVE SOUTHEASTERL Y AND HAVING A RADIUS OF" 50.00 F"EU;
THENCE SOUTHWESTERLY ALONG THE ARC OF" SAID CURVE THROUGH A CENTRAL ANGLE
OF" 58'23'44" AN ARC DISTANCE OF" 50.96 FEET TO THE POINT OF" TERMINUS OF" THE
EASEMENT HEREIN DESCRIBED;
THE SIDELINES OF" SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED TO
TERMINATE AT ANOTHER TEMPORARY CONSTRUCTION EASEMENT (TCE) BEING 22.00
F"EEr WIDE;
CON T AINING 7, 18 SQUARE F"EEr OF" LAND MORE OR LESS;
SUBJECT TO SEMENTS AND RESTRICITONS OF" RECORD
GUY P ADA
----------------------
L. S. NO. 4390
5-4 09 RC'.1.SED BEARING
FOR:
COLLIER COUNTY STORM WA TER MANAGEMENT
nIlE
SKETCH AND DESCRIPllON OF A TEMPORARY
CONSTRUCTION EASEMENT, PART OF TRACT N.
LEL Y GOLF ESrA TES TRACT MAP, P.B. 8, PC. 20,
COLLIER COUNTY, FLORIDA
NOT A SURVEY
DESIGNED BY: bll:
DRAWN BY: JAN
..Ie ~~BY; GPA,
UND""GB._ '~E- p'on O'~'SEP 2' 2
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ABS PROJ€CT NO.
7599 2
SHeer NO.
4 OF" 4
FU.E NO.
10252
l.t6fB '4
,.
Exhibit "
TREE REMOVAL AREA
EXHIBIT I(
Page, \ of 7~,
I,
That portion of Tract "N" designated as DRAINAGE EASEMENT on Lely Golf Estates
Tract Map as recorded in Plat Book No.8, Page No. 20 of the official records of Collier
County, Florida.
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