Robert P. Logan and Lori Logan
PROJECT:
PARCEL No(s):
FOLIO No(s):
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT (hereinafter ref~rred to as the
"Agreement") ") is made and entered into on this ~ day of 1-\ \J ~ ;;';.t ,
2007, by and between ROBERT P. LOGAN and LORI LOGAN, husbana and wife,
whose mailing address is 633 Pompano Drive, Naples, FI 34110 , (hereinafter referred
to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112.
WHEREAS, County requires a Temporary 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 "Easement"), to provide access for the
maintenance of a drainage easement at the northern perimeter of Owner's property;
and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein.
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 and County 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.
3. 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 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 Easement or any portion thereof.
(d) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Easement.
Page 2
(e) 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 County in writing prior to
the effective date of this Agreement.
(f) County 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. 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
County.
(g) 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 on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
4. Owner agrees to grant the TCE for the purpose of constructing and maintaining
public facilities adjacent to this area. This TCE shall expire on October 31,2007.
In the event that the construction of the public facilities has not been completed
by October 31, 2007, County reserves the right to record in the Public Records of
Collier County a Notice of Time Extension which shall extend the TCE until
January 31, 2008 for the completion of said construction. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
5. 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.
6. 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,
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.)
Page 3
7. Conveyance of the Easement by Owner, or any interest in the property
underlying the Easement, 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 County.
8. 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.
9. County shall replace or repair any sod, landscaping, or irrigation equipment
damaged or destroyed by County's use of the Easement, and shall return the
Easement area to a condition consistent to that existing prior to its use.
10. 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.
Acquisition Approved by BCC pursuant to Resolution No. lOo'i - 2.. oCi!pproved on the
L7....). day of :=1 .j CI-L , 20 0 '{ , agenda item no. \ (" n, G' .
AS TO COUNTY:
DATED:
~113/o1
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ATTEST:....
DWI t.E.BH~p;~k~ ~(
,
",\ peputy Clerk
/~st IS' to ~1rwu ,
s IqnatlJfil@' on 1 .
,,{'
BOARD OF COUNTY COMMISSIONERS
:~LLI~~lb
~S COLETTA, Chairman
AS TO OWNER:
~..
W;me" (S;g""ll~
/&J:;€U~ "a,d "
Name (Print or Ty )
y?
"'"
Approved as to form and
legal sufficiency:
_bL-. ~~.I-Wl
Assistant County Attorney
Last Revised: 2/1/07
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Page 4
d&L.l doJ<.v-c.-'
LORI LOGAN
EXHIBIT "A"
The Westerly ten (10) feet of Lot 5, Block J, Palm River Estates,
Unit 5, in accordance with and subject to the plat recorded in Plat
Book 10, Page 92, Public Records of Collier County, Florida.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 fon.varded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
eomplete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line throulrl routin21ines #1 throu2h #4, comolete the checklist, and forward to Sue Filson line #51.
Route to Addressee(s) Office Initials Date
(List in routine: order)
1.Ellen Chadwell, Asst. County Atty. County Attorneys Office
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact 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 one of the addressees above, including Sue Filson, need to contact staff for additional or miSSing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Paul Young Phone Nwnber 213-5884
Contact
Agenda Date Item was June 22, 2004 Agenda Item Nwnber 16B 5
Aooroved bv the BCC
Type of Docwnent TEMPORARY EASEMENT Nwnber of Original one
Attached AGREEMENT Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO nate.
I. Original docwnent has been signed/initialed for legal sufficiency. (All docwnents 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.
2. 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
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
docwnent or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original docwnent and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some docwnents 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!
6. The document was approved by the BCC on June 22, 2004 (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 licable.
Please return a copy of signed Agreement to Paul Young, TECM Right-of-Way
M
~
.~
I: Forms/ eounty Forms! Bee Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05