Parcel 754B
16B5
PROJECT: 65061
PARCEL No.: 754B
FOLIO No.: 66263000085
TORE AGREEMENT
THIS TORE AGREj::MENT (hereinafter referred to as the "Agreement") is made and
entered into on this ~ day of ~ , 2005, by and between MCW-RC FL-
PEBBLEBROOKE, LLC, a Oelaw~ty Company (hereinafter referred to as
"Owner"), whose mailing address is P.O. Box 790830, San Antonio, TX 78279-0830 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.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Oriveway Restoration Easement (hereinafter referred to as "TORE") over, under, upon and
across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on
the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from a
smooth transition between Owner's existing driveway and the new roadway, and desires to
convey the TORE to the County for the stated purposes, on the terms and conditions set
forth herein, said terms including that no compensation shall be due and payable for the
TORE requested by County.
NOW, THEREFORE, in consideration of these premises set forth above, the sum of
Ten Oollars ($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 shall convey the TORE to County at no charge to the County.
3. Owner shall deliver the properly executed TORE instrument to County within 30
days of the date of this Agreement.
4. The County shall pay for all costs of recording the TORE instrument in the Public
Records of Collier County, Florida.
5. County's use of the Easement Area shall not materially interfere with ingress and
egress to Owner's property or the use and quiet enjoyment of Owner's property by Owner, its
employees, tenants, invitees, contractors or representatives.
6. To the extent permitted by law, and without waiving its immunity under Sec.
768.28, Fla. Stat.; County shall indemnify and save harmless Owner from all loss, damages,
or liability incurred as a result of (i) County's negligence or misconduct on the Easement
Area; or (ii) any damage to the Easement Area caused by Grantee, its agents, employees or
contractors. This obligation will survive closing but not extend beyond the termination of the
easement.
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 trustees, and/or assignees, whenever the context so
requires or admits.
REGENCY
CENTERS
Temporary Driveway Restoration Easement Agreement
16 6~,2
,
8. The TDRE shall commence upon its recording in the Public Records of Collier
County, Florida.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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, This
Agreement may only be amended in writing by the parties hereto.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
DATE ACQUISITION APPROVED BY BCC: 10/28/03, Resolution 2003-372
AS TO COUNTY:
J..{'u /./'
DATED:~
.. ,n" "
ATTE$,+.~,,~flD~.:~~~. ....
DWI~fn::~'BRO~~lerk
~~I~C
It~,plli~ .
'. b I ~,l'.
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W,(*
Fred . Coyle, Chairma
MCW-RC FL-PEBBLEBROOKE, LLC,
a Delaware limited liability company
WITNESSES:
~1\ ~OOto
itness (Signature)
By: Macquarie CountryWide-Regency, LLC
a Delaware limited liability company,
its Managing Member
By: Regency Centers, L.P., a Delaware
limited partnership, its Member
Name:}x-y.m fhflrlL
(Print)
By: Regency Centers Corporation, .
a Florida c oration,
its Ge La P rtner
...----(y
. ness (Signature)
By:
Title:
Name: ~{YV <(;~
(Print)
Approved as to form and
legal sufficiency:
Item# l{ o~S
Agendal t) J.2$'D
Date I
Date rHS~CfS
Rec'd
h.l ~ CL .//~~
" lien T. Chadwell
Assistant County Attorney
, D,C.