Folio #25225000080 EXHIBIT B
PROJECT Canopy
PUMP STATION 179 02
FOLIO 25225000080
TEMPORARY ACCESS EASEMENT
t-�-
i,—
THIS TEMPORARY ACCESS EASEMENT ( Easement ) is made and entered into this . day
of beceMbet 2021 by CANOPY NEIGHBORHOOD ASSOCIATION, INC, a Florida not-for-profit
corporation whose mailing address is C/O Guardian Property Management 6704 Lone Oak Blvd
Naples FL 34109 (hereinafter referred to as "Grantor") and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT whose mailing office address is 3335 East Tarniami Trail Suite 101
Naples, Florida 34112 (hereinafter referred to as "Grantee")
(Wherever used herein the terms-G*a^t_r and 'Grantee-are used for singular or plura as the context requires and include all the
parties to this instrument and their respective heirs legal representatves successors and assigns
WITNESSETH
Grantor. for and in consideration of TEN DOLLARS (S10 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 relocation of the fencing that encroaches
on lands owned by Grantor into Grantee's existing utility easement area described in Exhibit 'A ' This
Easement shall expire and terminate within the sooner of 180 days from the effective date of this
Easement, or upon Grantee s relocation of certain sections of the fence that are immediately adjacent
to the lands described in Exhibit "A ' or upon Grantee's default of any terms or conditions in the
Temporary Access Easement Agreement The Effective date of th s Easement shall be the date of
recording.
IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed the day and
year first above written
CANOPY NEIGHBORHOOD
ASSOCIATION INC.
INSTR 6168010 OR 6050 PG 1743 a Florida not for profit company
RECORDED 12/3/2021 1:23 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER :
COLLIER COUNTY FLORIDA �J,,�� 1n�}I
DOC@.70$0.70 REC $18.50 BY: l,ify V r
Name'
Title Pkr3,,Cnq,
Approved as to for n gality
\eL:
JenmtTiA elped.o Assist Coun Attorne
y 9 tp
O
by
EXHIBIT A
An area comprising of a 20-foot boarder directly outside and abutting lines 19. 20 and 21 (L19. L20,
and L21) of the existing County Utility Easement (CUE) located in Canopy tract "01" as shown and
recorded in Plat Book 53 Page 86 of the public records of Collier County FL.
0
PROJECT Canopy
PUMP STATION 179 02
FOLIO 25225000080
TEMPORARY ACCESS EASEMENT AGREEMENT
THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is made and
entered by and between CANOPY NEIGHBORHOOD ASSOCIATION, INC, a Florida not-
for-profit corporation whose mailing address is C/O Guardian Property Management, 6704
Lone Oak Blvd., Naples, FL 34109 (hereinafter referred to as"Association"), and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing office address is 3335 East
Tamiami Trail, Suite 101, Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, the Association owns lands described in Exhibit "A" ("Property"), which is
attached hereto and made a part of this Agreement, and
WHEREAS, the County has requested that Association grant to County a Temporary
Access 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 County
temporary access to lands described in Exhibit"A" to facilitate County's relocation of fencing
that encroaches on lands owned by Association into County's existing utility easement area
("Existing Easement") which is also described in Exhibit"A.", and
WHEREAS, the Association desires to convey a Temporary Access Easement to the
County for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the County 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. Association shall grant County an Easement over, upon, and across the Property. The
Easement shall expire and terminate within the sooner of 180 days from the effective date of
this Agreement, or upon County's relocation of sections of the fence into the Existing
Easement("Construction Period"), or upon County's default of any terms or conditions in this
Agreement. If necessary, the Easement may be extended for a reasonable amount of time
in writing,and signed by the parties, by mutual agreement between County and Association.
The effective date shall be the date on which the Easement is signed by the last party.
2 County acknowledges that Association will have access to the Property as needed
during the Construction Period and that time is of the essence to complete construction within
the Construction Period. Unless the Easement is mutually extended, failure to complete
construction and remove all equipment and restore Association lands within the Easement
area prior to expiration of the Construction Period shall, at the Association's sole option, result
in immediate termination of this Agreement and Easement.
3. County shall pay all costs for recording the Easement (if recorded), as well as any other
costs associated with the Easement, including but not limited to the costs of title commitment
and title insurance policy, if required.
4. Association 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. County acknowledges that the Property will not be disturbed in any manner other than
for the routine maneuverability of manpower and equipment related to the relocation of the
fence from the Property to the Existing Easement that is immediately adjacent to Property.
Any damage to Property, or any improvements thereon shall be promptly repaired at the sole
cost and expense of County.
6. County shall provide the construction superintendent's or project manager's name and
phone number to Association prior to entering the Property. County shall not commence any
work or enter the Property until Association and County agree to a mutually acceptable date
to commence construction and enter Property. County shaii coordinate construction activities
with Association 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 If necessary, County shall
locate all underground utilities prior to commencement of construction.
7. Prior to completion of construction and within the Construction Period, County and/or
its designee, at County's sole cost and expense, shall return impacted areas of the Property
to preconstruction conditions or better. County and/or its designee will promptly repair or
replace, at County's sole cost and expense, any hardscape or landscape surface and/or
trees and landscaping, planting, fencing, screening or gates which have been removed or
damaged with the same or equivalent materials, and to the satisfaction of Association.
8. County shall provide to Owner or Owner's Representative at Closing an amount not to
exceed Seven Hundred and Fifty Dollars ($750.00) allowance towards the cost of reasonable
attorney fees.
9. To the extent permitted by laws and as limited by pursuant to the provisions of Section
768.78, Florida Statutes, the County agrees to indemnify, defend and hold harmless
Association, their employees, directors, officers, members and agents against any and all
claims, loss and/or damages by or behalf of any person, employee or legal entity arising from
the County's use of the easement or any negligent or intentional acts or omissions
pursuant to this Agreement. Nothing is intended to alter the County's immunity in tort or
otherwise impose liability on the County when it would not otherwise be responsible. This
provision shall survive Closing.
10. County shall be responsible for obtaining, at County's sole cost and expense, a
commercial general liability policy that shall name Association as an additional insured.
Commercial general liability limits shall not be less than Five Hundred Thousand Dollars
($500,000.00) per occurrence. County shall provide Association 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
11. Should County be in default of any terms or conditions of this Agreement, the
Easement shall terminate immediately, and County or its contractors, guests, and
representatives, shall have no right to enter the Property.
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
13. This Agreement and the terms and provisions hereof shall be effective as of the
date the Easement has been signed by the last party 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 _al_ day of Nov _. 2021
Dated Project'Acquisition Approved by BCC 1 °�3,a
AS TO COUNTY.
DATED: 1..\: .3\aN
ATTEST BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY FLORIDA. AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY
WATE -S R DISTRICT
CRYSTAL K. KINZE INTERIM CLERK
• Y t�.� BY:
r—OAttest as to Chairman s De uty ; envy Tayl Chairpers
signature only.
AS TO ASSOCIATION
WITNESSES.
• CANOPY NEIGHBORHOOD
Witness*t (SIgna ) ASSOCIATION INC
a Florida not for profit company
Ar A// • A.:
B Y. '�,/�,4/
Name: � a
Vvi ness#2(Signat re) Title 1 ,
1 M 4y- J, Cr \
Witness#A(Pont Name
Approved as to form and legality
Jen et A Belpediss'F5tant County Attorney 9,
EXHIBIT A
An area comprising of a 20-foot boarder directly outside and abutting lines 19. 20 and
21 (L19, L20, and L21) of the existing County Utility Easement (CUE) located in Canopy
tract "01" as shown and recorded in Plat Book 53 Page 86 of the public records of
Collier County. FL
EXHIBIT B
PROJECT Canopy
PUMP STATION 179 02
FOLIO 25225000080
TEMPORARY ACCESS EASEMENT
THIS TEMPORARY ACCESS EASEMENT ("Easement') is made and entered into this day
of . 2021, by CANOPY NEIGHBORHOOD ASSOCIATION, INC, a Florida not-for-profit
corporation whose mailing address is C/O Guardian Property Management. 6704 Lone Oak Blvd ,
Naples, FL 34109 (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT whose mailing office address is 3335 East Tamiami Trail. Suite 101,
Naples, Florida 34112 (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 ($10.00) 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 relocation of the fencing that encroaches
on lands owned by Grantor into Grantee's existing utility easement area described in Exhibit "A." This
Easement shall expire and terminate within the sooner of 180 days from the effective date of this
Easement, or upon Grantee's relocation of certain sections of the fence that are immediately adjacent
to the lands described in Exhibit "A." or upon Grantee's default of any terms or conditions in the
Temporary Access Easement Agreement. The Effective date of this Easement shall be the date of
recording.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and
year first above written.
CANOPY NEIGHBORHOOD
ASSOCIATION, INC.
a Florida not for profit company
BY: 61V (;'G)1Y
Name'
Title: tc4epr.�/I
Approved as to fprrtr d el�g pity
Jen er A Belpedio, Assistan unty Attorney sD (0\
4
EXHIBIT A
An area comprising of a 20-foot boarder directly outside and abutting lines 19, 20 and 21 (L19, L20,
and L21) of the existing County Utility Easement(CUE) located in Canopy tract"01" as shown and
recorded in Plat Book 53 Page 86 of the public records of Collier County, FL.
Oet.
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. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP RaDra11) ��
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docu nt is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office ' 4CJ3 I 2.31-2 )
4. BCC Office Board of County �I�a
Commissioners 3 41
5. Minutes and Records
Clerk of Court's Office (/ `91-ra, �•,C ��yy�
PRIMARY CONTACT INFORMATION �'�J
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,may need to contact staff for additional or missing information.
Name of Primary Staff Jay Malamphy Phone Number 8402
Contact/ Department
Agenda Date Item was February 23,2010 Agenda Item Number 16B1
Approved by the BCC
Type of Document Temporary Access Easement Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S-iihp. r __ , 0 K N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. 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.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip ifrf
should be provided to the County Attorney Office at the time the item is input into SIRE. N/A
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 your deadlines!
8. The document was approved by the BCC on February 23,2010 and all changes made 4,
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the 440.
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Co te-r County
Administrative Services Division
Facilities Management
Real Property Management Section
3335 Tamiami Trail E., Suite 10,
Naples, FL 34112
To: Minutes & Records
From: Jay Malamphy
Real Property Management
Date: November 16, 2021
Project: Canopy- PS 179.02
Please record the attached document as follows:
1 . Temporary Access Easement
Copies required: Yes No X
Charge the following Account:
Fund 414, Cost Center 263614, Object Code 649030, Project Number70145.4.4
Copy of receipt to: REAL PROPERTY MANAGEMENT, Attn.: Jay Malamphy (via email)
ORIGINAL DOCUMENTS to be returned to MINUTES & RECORDS
Any questions call Jay Malamphy @ 252-8402
Thank you
Consideration: Zero
Doc Stamps: .70
01)
Real Property Management Section•3335 Tamiami Trail East,Suite 101 •Naples,Florida 34112-5356.239-252-8991 •FAX 239-252-8876
Memorandum
TO: Minutes & Records Management
FROM: Jay Malamphy, Real Property Management
DATE: November 16, 2021
RE: Canopy— PS 179.02
On February 23, 2010, Agenda Item 16B1, the BCC approved Resolution 2010-39 authorizing
the current Chairperson to sign donated easements or fee simple parcels in connection with
PUD commitments.
Please attest to Commissioner Taylor's signature as Chairperson on the Temporary Access
Easement Agreement for the Canopy Neighborhood Association, Inc. Once the attestation is
complete, please email me a copy of the fully executed Agreement.
A Recording Form is also attached to complete the transaction. The Recording Form states the
original Utility Easement should be returned to your office.
Please contact me at x8402 if you have any questions.
Thank you