Backup Documents 10/27/2009 Item #16B 3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS 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 lorwarded to the Board Office only after the Board has. lakcn action all the item.)
ROUTING SLIP J:ffl'/ iJ1rlcle/1
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
e lion of the Chairman's si , draw a line throu - lines #1 #4, co lete the checklist, and forward to oJ...... I U~II (line #5).
Route to Addressee(s) Office Initials Date
ist in routin order
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6. Minutes and Records
..y
-!tll:5e . X,lel {ltples p~~~~&~jACT~~i1h~~tlft:J'tY/zt.,h;'-<--/ 1~{'lYJ
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who createdlprepared the executive
summary. Primary contact information is needed in the event one of tile addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the acc Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
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252-5805
16B3
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I: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05
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5. Ian Mitchell, BCe Supervisor
Board of County Commissioners
Clerk of Court's Office
Phone Number
Agenda Item Number
October 27, 2009
Purchase Agreement &
Tern . Construction Easement A
ement
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a fO nate.
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 ssibl 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 ofthe
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 ature 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 Bce office within 24 hours of Bee 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 Bee on 10/27/2009 (enter date) and all changes
made during tbe meeting bave been incorporated in tbe attacbed document. The
Coon Attorne's Office has reviewed the chao es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
October 30, 2009
To:
Rebecca Harding, Property Acquisition
TECM/ROW
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Purchase Agreement
Collier Boulevard Project #68056
Parcel #155FEE
Attached, for your records you will find a copy of the document
referenced above, (Agenda Item #16B3), approved by the Board of
County Commissioners October 27, 2009"
The original agreement will be held in the Board of County
Commissioners real property records in the Minutes & Records Dept.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
1683
1683
PROJECT:
PARCEL:
FOLIO NO.:
COLLIER BOULEVARD PROJECT # 68056
155FEE
36617920000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafterfefE1rrl'!d to as the "Agreement") is
made and entered into on this 2.7f1Lday of /c.-robe,- , 20Q!L, by and
between RICHARD E" PETERSON, whose mailing address is 4661 Dempster Street,
Skokie, Illinois 60076-2042 (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 fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; 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 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. The purchase price (the "Purchase Price") for the Property shall be $30,900.00
(U.S. Currency) payable at time of closing, 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 Property
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 Property, and to
remove all sprinkler valves and related electrical wiring, and all other damages
in connection with conveyance of said Property to Purchaser, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
3. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property 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 provide such instruments, properly executed, to
Purchaser on or before the date of Closing. 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"):
pa~eq 8 3
(a) General Warranty Deed;
(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 Property. 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.
Purchaser shall be entitled to full possession of the Property at Closing.
5. Owner agrees to relocate any existing irrigation system located on the Property
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 Property, 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 construction of the
project commences 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.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, 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 a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
la~ S 3
obligation on the part of Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property 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 or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property, 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 Property.
(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 Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the Property 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 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 and
not to do any act or omit to perform any act which would adversely affect
the physical condition of the Property or its intended use by Purchaser.
(h) The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or
transferred on the Property except as specifically disclosed to the
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 sold to the 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 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 Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
la~ee 3
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, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Property is acquired under threat of condemnation.
10. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax and paid by Owner. If Closing occurs at a date when the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
11. 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.
12. If the Owner holds 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 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 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.)
13. Conveyance of the Property 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
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
14. 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.
15. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
1683
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: O([J-. 21 2/(11
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ATTEST:
DWIGHT E.~6~;,.Qlerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER I'f.TY. FLORIDA _
BY: 'h,rvV ~~
DONNA FIALA, Chairman
AS TO OWNER:
DATED: (~
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Name (Print or Type)
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Witness (Signature)
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Name (Print or Ty e)
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RICHARD E. PETERSON
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Agenda I OL.~1 01
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Approved as to form and
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TRACT 11 B
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
PROPOSEO RIGHT OF WAY
PARCEL 155FEE
12,250 SQ. FT.
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PROPOSED TEMPORARY I
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OR ~ OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED RiGHT OF WAY
EXiSTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 155FEE
FEE SIMPlE
INTEREST
A PORTION OF TRACT II B, GOLDEN GATE ESTATES, UNIT I AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET CF SAID TRACT 118.
!N PLAT BOOK 4, PAGE 73 OF THE PUBLIC
49 SOUTH, RANGE 25, E:tIST: 'COLLlER
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR; COLLIER COUNTY GOVERNMENT
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SCALE: 1"=80'
COMM!SSIONERS
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MICHAtL A WARD.' I'ROFrSSIONAL ,l.ANCo WAV[YOR
FLORIOA RECiS'IRATION' ~F;flTIFiC"1E NO, 5301
SIGNIN~ D"T(.
NOT VALID WITHOUT THE OAICINAL SIGNATURE 6: RAISED EMBOSSED SEAL OF
A FLORIDA REG1STER(D PROFESSIONAL SURVEYOR AND MAPPER.
CONTAINING 12.250 SQUARE FEET, MORE OR LESS.
BOARO or COUNTY
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF': PROPOSED RIGHT OF WAY
PARCEL 155FEE
COLLIER COUNTY. FLORIDA
JOB NUMBER
'150106.02.00 0006
SCALE
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6610 Willow Park Drlvll. Sullo 200
Naploa,Florida34109
PhOfle:(2)l9) 597--<l575 FAX: (Z39) 597-0576
LB No.: 61152
FiLE NAME
UN1 SKle,5ITE
SHED
1 0;: 1
MEMORANDUM
Date:
October 30, 2009
To:
Rebecca Harding, Property Acquisition
TECM/ROW
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Temporary Construction Agreement
Collier Boulevard Project #68056
Parcel #155TCE
Attached, for your records you will find a copy of the document
referenced above, (Agenda Item #16B3), approved by the Board of
County Commissioners October 27, 2009,
The original agreement will be held in the Board of County
Commissioners real property records in the Minutes & Records Dept.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
1683
1683
PROJECT:
PARCEL:
FOLIO NO.:
COLLIER BOULEVARD PROJECT # 68056
155TCE
36617920000
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
re err~d .to as the "Agreement") is made and entered into on this 2.. 7-Ht. day of
c.:ftiber ,20M, by and between RICHARD E. PETERSON, whose mailing
address is 4661 Dempster Street, Skokie, Illinois 60076-2042 (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" (hereinafter referred to as
"TCE"), which is attached hereto and made a part of this Agreement, for the purpose of
constructing roadway, sidewalk, drainage and utility facilities within the public right-of-
way immediately adjacent thereto; 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 $1,100.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 8 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.
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;
1683
(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 not 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.
(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.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE.
(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
1683
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 on the
property underlying the TCE. This provision shall survive Closing and is
not deemed satisfied by conveyance of title.
7. 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.
8. 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, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless this Easement is
acquired under threat of condemnation.
9. The term of the TCE shall be 1,095 days (three years), 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.
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 trustee, and/or assignees,
whenever the context so requires or admits.
11. If 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
1683
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. )
12. 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.
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.
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: Or!.J, 2J, 2001
.
ATTEST:
DWIGHT 1;\~\~2f1K, Clerk
.~~\ ,...... "'0
. .,~~~.,..,. -'.' ~;,
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TV, FLORIDA
BY: ~ d~
DONNA IALA, Chairman
Witness (S~tur
~t tJ i~h
Name (Print or Type)
~~~~
Witness (Signature)
;>"'Y( 1M ~fttee
Name (Print or Type)
~~
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RICHARD E. PETERSON
683
STATE OF r fl,' Aft) is
COUNTY OF c.. 00 f<
The foregoing
befo.re me
~loh/4lJ 1:,
Temporary Construction Easement Agreement
this 22'lcl. day of ~Mlur
Pe-lt rs,1lVI , who:
was acknowledged
202i..., by
is personally known to me
OR
:x produced J:'lliV)Ojs lJ(j \ley's License.
identity.
as proof of
(affix notarial seal)
k..P~
e of Notary Public)
~flL~e.JJ~a.. 1<.., PeA/'}
(Print N e of Notary Public)
"OFFIeIAL SEAL"
JACQUELINE K. PEARL
Notary Public, State of Illinois
My Commission Expires 3112/12
Serial/ Commission # (if any):
My Commission Expires: ~
Approved as to form and
legal sufficiency:
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PROPOSED TEMPORARY :'>/,.,.t / ,//" / / :.'
CONSTRUCTION EASEMENT-... . .K.. .J,.' '.// /.... / //./. /.r/.i.
PARCEL 155TCE ..... '//^ , '0 . / /'ij/ .' .'
1.500 SO. FT 40 _.;><~~ ~/;:~/, .
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TEMPORARY
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DURA nON S YEARS.
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TRACT 117
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TRACT 118
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
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OR 528/124
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OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED 5' TEMPORARY CONSTRUCTION
EASEMENT
lYS2J
r2ZJ
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4. PAGE 73
LEGAL DESCRIPTION FOR PARCEL 155TCE
A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1 D, TOWNSHIP
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 118.
LESS AND EXCEPT;
THE SOUTH 50 FEET OF SAID TRACT 118 (THAT PART BEING AN EXISTING ROADWAY EAS
AFOREMENTIONED PLAT),
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IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC
49 SOUTH, RANGE 26 EAST, COLLIER
CONTAINING 1,500 SQUARE FEET. MORE OR LESS.
a 40 60
L-.._
160
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8Y:
",,(I'W.:'. A. WAiHJ. PRQHSS\(.\M( :,A.ND ScJf1V(YGf<
FlORIDA REGISTRATION CERTIFICATE NO. 5JOI
SIONING DATE:
NOT VAliD WITHOUT THE ORIGiNAl SIGNATURE " RAISED Et.lBOSSEO SEAL OF
A FLORIDA REGISTERED PROfESSIONAL SURVEYOR M<D IoIAPPER
D\lTA""'=-.
CONSULTING a.._
A'" ,.... ... ...,.,..."'_
5610 Willow P/:IIK DrlvlI, Sulle 200
Naples, Aotlda34109
Phone: (239) 597-0515 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN1 SK155TCE
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVE~NMENT
SCALE: 1 R=60'
BO,~i;':D or COUNTY COMMISSIONERS
COLUER BOULEVARD
SKETCH & DESCIUPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 155TCE
COLUER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 REV 3 10
SCALE
1" BO'
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SHEET
OF 1