Folio #80708195004 - TCE Agreement INSTR 6049588 OR 5938 PG 1265
PROJECT Standing Oaks RECORDED 4/30/2021 3 59 PM PAGES 5
FOLIO 80708195004 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.'0$0.70 REC$44.00
CONS$10.00
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement")
is made and entered by and between COLLIER COUNTY, a political subdivision of the
State of Florida, ("County") whose mailing address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112 and Standing Oaks, LLC, a Florida limited liability company,
("Developer"), whose mailing address is 6301 Shirley Street. Naples, FL 34109.
WHEREAS, the County owns lands described in Exhibit "A" ("Property"), which is
attached hereto and made a part of this Agreement; and
WHEREAS, the Developer has requested that County grant to Developer a
Temporary Construction Easement as described in Exhibit"B" ("Easement"), which is also
attached hereto and made part of this Agreement. The purpose of the Easement is to
provide Developer with the access and right to enter over, upon, and across the Property
to facilitate Developer's installation of a water line and sanitary force main on adjacent
right-of-way lands. and
WHEREAS. the County desires to convey a Temporary Construction Easement to
the Developer for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Developer has agreed to the terms and conditions set forth herein;
and
NOW THEREFORE, in consideration of the foregoing, 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. County shall grant Developer an Easement over, upon, and across the Property.
The Easement shall expire within the sooner of 10 days from the effective date of this
Agreement, or upon Developer's completion of construction on the adjacent right-of-way
lands ("Construction Period"). If necessary, the Easement may be extended in writing by
mutual agreement between County and Developer. The effective date shall be the date
on which the Developer and County have mutually agreed to a construction start date.
2. Developer acknowledges that a portion of the County recreational fields will be
closed during the Construction Period and that time is of the essence to complete
construction within the Construction Period. Failure to complete construction and remove
all equipment and restore County lands within the Easement area prior to expiration of
the Construction Period shall, at the County's sole option, result in immediate termination
of this Agreement and Easement.
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3. Developer shall pay all costs for recording the Easement. as well as any other costs
associated with the Easement.
4. Developer is aware of and understands that this Agreement is subject to acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Developer shall provide the construction superintendent's name and phone number
to County staff prior to entering the Property. Developer shall not commence any work
or enter the Property until Developer and County agree to a mutually acceptable date to
commence construction and enter Property. Developer shall coordinate construction
activities with County, and shall provide a list of all contractors that are to enter the
Property, and shall only hire or engage contractors that are licensed and insured.
Developer shall locate all underground utilities prior to commencement of construction.
6. Prior to completion of construction and within the Construction Period, Developer
and/or its designee shall return impacted areas of the Property to preconstruction
conditions or better. Developer and/or its designee will repair or replace any hardscape
or landscape surface and/or trees and landscaping, and/or fencing which have been
removed or damaged with the same or equivalent materials, and to the satisfaction of
County. Developer shall compact soils and perform density testing wherever Developer
has removed soil or performed earthwork on Property.
7. Developer shall indemnify, defend, save and hold harmless the County against and
from, and agrees to reimburse the County with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable paralegal and
attorney fees and expenses whether in court. out of court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the County.
This provision shall survive Closing.
8. Developer shall be responsible for obtaining, at Developer's sole cost and expense,
a commercial general liability policy that shall name County as an additional insured.
Commercial general liability limits shall not be less than Five Hundred Thousand Dollars
($500,000.00) per occurrence. Developer shall provide County with a copy of the
foregoing policy or with a certificate of insurance prior to the commencement of Work,
and shall further provide evidence of renewals of the same prior to the expiration thereof.
9. Should Developer be in default of any terms or conditions of this Agreement, the
Easement shall terminate immediately, and Developer or its contractors, guests, and
representatives, shall have no right to enter the Property.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
11. This Agreement and the terms and provisions hereof shall be effective as of the
date the Easement has been recorded and the parties have mutually agreed to a
construction start date. 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 assignees whenever the context so requires or admits.
(signatures on following page)
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c)
IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction
Easement Agreement on this =- day of , 2018.
Dated Project/Acquisition Approved by BCC:)0-23-(2 Ale oat ttv, ! D
AS TO COUNTY:
DATED: to IQ 3\),
ATTEST: BOARD OF CO NTY COMMISSIONERS
CRYSTAL K. KINZEL, INTERIM CLERK COLLIER CO TY, FL IDA
0l/J 1\110kt
C BY:
AiS Deputy Clerk An Soli , hairma
tzs to Chairman's'
�`?rutre only.
AS TO DEVELOPER:
WITNESSES:
Witness#1 ( ignature)
Standing Oaks, LLC,
`"r?Sti 1- a Florida limited liability company
Witness1 (Print Name)
BY:
Name:
Witness#2(Signature) Title:
Li\- EA N�
Witness#2 (Print Name)
Approved as to form and legality:
Jennif . Belpedio, Assi a County Attorney
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PROJECT Standing Oaks
FOLIO 80708195004
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this , day of , 2018, by COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing office address is 3335 East
Tamiami Trail, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Grantor"), and
Standing Oaks, LLC, a Florida limited liability company, whose mailing address is 6301 Shirley
Street, Naples, FL 34109, (hereinafter referred to as "Grantee").
(Wherever used herein the terms"Grantor"and"Grantee"are used for singular or plural.as the context requires,and include
all the parties to this instrument and their respective heirs, legal representatives,successors and assigns)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS (610.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege
to enter upon the following described lands located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT"A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Easement is granted for the express purpose of providing Grantee temporary access
to Grantor's lands described in Exhibit ''A", to facilitate Grantee's installation of a water line and
sanitary force main on adjacent right-of-way lands to service Grantee's intended Standing Oaks
development project. This Easement shall expire and terminate within the sooner of 10 days
from the effective date of the Temporary Easement Agreement or upon Developer's
completion of construction on the adjacent right-of-way lands.
IN WITNESS WHEREOF. the GRANTOR has caused these presents to be executed the
day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, INTERIM CLERK COLLIER COUNTY, FLORIDA
BY:
,Deputy Clerk ANDY SOLIS. Chairman
Approved as to form and legality:
Jennifer A Be►pedio. Assistant County Attorney C �v
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