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Parcel 13T ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOl\1PAl'N ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office 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 information needed. If the document is already complete with the exception of the Chairman's signature, draw a line througb routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number /6 '"1 c... e. Number of Original Documents Attached D-~ Yes (Ini tial) N/A (Not A licable) \ 'S\J ~v \J 'I .. ~" "6~ 1. 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 Chainnan, 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 ossibly 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 Chainnan and the Clerk to the Board The Cha:in.pan's signature line date has been entered as the date ofBCC 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 Chainnan'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 Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a c6rtain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a Jicable. I: Forms! eounty Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. PROJECT: Collier Boulevard Water Main Project 70151/70152 PARCEL:13T FOLIO: 00410760008 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Awee'JMt.Clt") is made and entered into on this ~ day of ftbfJ(J~ ' 20~(.,ljrtand between San Marino Naples, LLC, a Delaware limited Iia IlIty company, (hereinafter referred to as "Owner"), whose mailing address is 401 Commercial Court, Suite A, Venice, FL 34292, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 ; WHEREAS, Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") for temporary construction of utility facilities; and WHEREAS, Owner desires to convey the Property 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 Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Temporary Construction Easement to Purchaser for the sum of $3,800.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, severance damages, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees, expert witness fees and costs as provided by Chapter 73, Florida Statutes. 2. Closing shall occur within sixty (60) days of the execution of this Agreement by Purchaser. At closing, Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. 3. Owner agrees to convey the Property for the purpose of constructing utility facilities in the area. The Temporary Construction Easement shall expire upon completion of the construction of the utility facilities in the area or on December 31, 2009, whichever occurs first. Purchaser shall restore the surface of the Property after construction has been completed. 4. Owner is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to Purchaser; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall sUNive closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and shall 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 Owner's representation under Section 5. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the Temporary Construction Easement in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs, if any, for any curative instruments shall be borne and paid by Owner. The cost of a title commitment shall be paid by Purchaser. 8. 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 assignees whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the land underlying the Property 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 land underlying the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission of registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. 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 Temporary Construction Easement Agreement on this ~ day of V=..&.., , 20cXj.. Date Property acquisition approved by BCC: May 24, 2005 Resolution No.: 2005-200/CWS 2005-03 AS TO PURCHASER: DATED: t='t: b ~~ ;rObl. ATTEST: DWIGHT E. BROCK, Clerk , ~ to,.....:: ".... I , _ ,#' ~ J.... ..,.,' . .. . .,;... .~ r~. ...... .#. - .'<.} . ) , BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT %= . :(R. -~ I~C At~.lS to._'.j..~nc,rk It...~.tnl,.~- AS TO OWNER: DATED: 2. ('i / D(c. BY: ~~~ FranK Halas , -' San Marino Naples, LLC, a Delaware limited 'ability company Witness ($i\ atureL r.) -L.' Name: Vi €ll~ J \ r t<{: (Print or Type) STATE OF f \ COUNTY OF SC0'\ Cv::J QT<=---- The foregoing Temporary Construction Easement was acknowledged before me this ~ day of -16b , 200&,by N. Berry Taylor, Ma~haJi of San rV;arino Naples, LLC, a Delaware limited liability company, who i erson9~ to me or who has produced as identification. WITNESS my hand and official seal this day of ,2005. (affix notarial seal) OR- MfA i!.A [J ([UJkj h.~ ~ (Si~ure of Notary Public) e nu i C\. V\ II. ( C:++- r"- b l--ttl f'....- (Print Name of Notary "Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: DO-j,<; Y \f I S IUIV^ub Approved as to form and legal sufficiency: JJ 1-<-. ~ t L L,~A---- Ellen T. Chadwell Assistant County Attorney .. Deborah A. CottIngham : Commission , 00368473 Expires October 16, 2008 hINd TNr 1'Ilft.1-._ ..-701. TEMPORARY CONSTR UCTlON EASEMENT (DURA TlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 701 ~I ~ PROJECT 7o/~;;J., PARCEL / 31 T FOLIO 6C>~/07c,OOO? EXHIBIT A. Page , of. \ SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (18.T) IN THE NW 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 50 S, RANGE 26 E, COLLIER COUNTY, FLORIDA laO' R/W FOLIO NO.: 00410760008 S901>O'OO"E :-u 25.00' ! ~ g 8 ~ 10 .0 .0 10 o N N 0 ~ 25.00' ~ i \ S901>O'OO"W '- P.O.B. w ~ en oct 0 b ,...: 10 I") o l.O o N Z <1~~.gORNER OF <;> SECTlON 11 [ S LINE SECTlON 11 ~ ....,.\ .-- N8T25'49"E _ 100.lB' '\ -~f- _ _ -- "4 ID: F.P.&:L.-FlORIDA POWER &: LIGHT CO. R/W - RIGHT-OF-WAY P.O.8.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO.-NUMBER DESCRIPTlON OF A TEMPORARY CONSTRUCTlON EASEMENT LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTlON 11, TOWNSHIP SO SOUTH, RANGE 26 EAST, COWER COUNTY, flORIDA: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTlON 11, THENCE RUN N8T'2S' 49"E, A DISTANCE OF 100.18 FEET ALONG THE SOUTH LINE OF SAID SECTlON TO THE EAST LINE OF THE HENDERSON CREEK CANAL RIGHT-OF-WAY; THENCE RUN NOO"SO'H"E, A DISTANCE OF 2637.09 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING; THENCE CONTlNUE ALONG SAID EAST LINE NOO"50'H"E, A DISTANCE OF 25.00 FEET; THENCE RUN S90'00 'OO"E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'50'H"W, A DISTANCE OF 2S.00 FEET; THENCE RUN S90'00'OO" W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE AND THE POINT OF BEGINNING. CONTAINING 62S SQUARE FEET OR 0.01 ACRES, MORE OR LESS. . ~ L2-I ----~-------------- milE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A RELD SURVEY OF SECTlON 11. BASIS OF BEARING: STATE PLANE COORDINA TE SYSTEM, FlA. EAST ZONE~ '83/'90. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYlNG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIP1l0N: DATE: 3/1O/0S SCALE: 1"=30' UTlUTY EASEMENT IN THE NW 1/4 OF THE SW 1/4 OF SEC 11-50-26 DARREN TOWNSEND (FOR THE RRM l86773) PROFESSIONAL SURVEYOR AND MAPPER FlORI[tA.l,ICENSE NO. LS 6A76 U THIS L!..:!! DAY OF Afc , 2005. PROJECT No: 030705W.A DWG NO:030705WA-ESM REV: SHEET: 1 OF 1