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#37289560004 - Temporary Construction Easement - Agreement PROJECT: FDOT Bridge- 8th Street NE Bridge Folio: 37289560004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between COLLIER COUNTY, a political subdivision of the State of Florida,(hereinafter referred to as the"Owner")whose mailing address is do Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 and BERGERON LAND DEVELOPMENT, INC., a Florida for profit corporation, (hereinafter referred to as the "Contractor"),whose mailing address is 19612 SW 69TH Place,Fort Lauderdale,Florida 33332. WHEREAS, the Owner owns the property located at 879 8th Street NE, Naples, Florida, (hereinafter referred to as "Property"); and WHEREAS, the Contractor has requested that Owner grant to Contractor a Temporary Construction Easement for the purpose of access and right to enter over,upon and across the lands described in Exhibit"A", to facilitate the construction of the 8th Street NE bridge. WHEREAS, the Owner desires to convey the Temporary Construction Easement to the Contractor for the stated purposes,on the terms and conditions set forth herein; and WHEREAS, the Contractor has agreed to the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by Owner;and 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 grant Contractor a Temporary Construction Easement over, upon, and across the Property,at no cost to the Owner,unless otherwise stated herein. 2. The Contractor shall pay for all costs of recording the Temporary Construction Easement. 3. The Contractor is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. Prior to construction completion, Contractor and/or his designee shall return impacted areas of the Property to preconstruction conditions or better. 5. Owner agrees to grant the Temporary Construction Easement for the purpose of allowing Contractor to place its equipment on the embankment of the Property in order to facilitate construction of the 8th Street NE a bridge. This Temporary Construction Easement shall expire on July 1, 2018. 6.This Agreement is governed and construed in accordance with the laws of the State of Florida. 7. 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 assignees whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this ,2L day of j)&__e-- ,2018. AS TO OWNER: DATED:-, ,.../. ..i:2 ' rr' ATTEST: BOARD • CO . TY CO b ',I NERS DWIGHT E.BROCK,Clerk COLLI'• C• % •, • f •,,: 1#1) ' I uIPr i BY: ...- A 7.St as to Chairman's D" aalli7"" ANDY SOLIS,Chairman signature only. Approved as to form and legality: /N ......_ Jennifer A.Belp:;N,Assistant County Atto i,y Q\03),., h\ I 1 j I AS TO CONTRACTOR: 0 RGEROI/1 LAND DEVELOPMENT,INC., •lorida fol pro/it corporation 'ES: t Bi Witness#1 (Signature) (Sitrature) ' 7 64+-U ",i1‘464.14i4c a.( ' tor., ) wi . it-c.,.i . Wit - •• 1 (ii 'n ame) (Print Nr ----L /91 'k it, ss#2 (Si ature) \_ S,p6NT P? • An t)�1 (Print Title) Witness (Print Name) v _,1 EXHIBIT 'A' 879 8th Street NE, Naples, Florida ti 57 I i NP Citi 4t 8th Sheet NE - ' 4 ...., -. aC -J�l �� X1! • '1. ,00$ t ' • u1�, •t:. .. 1 ..--• fOIR -S,Ifg.-'- - •- .-%f* 'Wier It! , , , . ., 4.1 iice�,,,, e r t: _ 1��yyi��jam. , ' ; ;.7`:fer2Air r . . :.., ' I 10 Pr i 0:.""y4:°-s►.0 Easement Area A„• ? --4 J rr w�.. 'a aahl7•i�`'• .I.,rs a43