Parcel 88888-178TCE Project: 50238 17th/231d/Keane
Parcel: 88888-178TCE
Folio: 00334600008
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ereinafter
referred to as the "Agreement") is made and entered into on this day of
rvc.re , 2023, by and between 1484 KEANE AVENUE LLC, a Florida limited
liability compgny, whose mailing address is 825 Green Bay Road, Suite 100, Wilmette, IL
60091 (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State
of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East,
do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the
County").
WHEREAS, the County requires a Temporary Construction Easement (hereinafter
"the Easement") over, under, upon and across the lands described in Exhibit "A"
(hereinafter "the Property"), which is attached hereto and made a part of this Agreement,
for the purpose of replacing and constructing drainage and related facilities within the
public right of way and drainage easement immediately adjacent thereto, together with
the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping
and other materials and improvements as shall be required to construct said drainage
facilities; subject to the restrictions contained herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement 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
Easement requested by County.
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. RECITALS - 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. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a
form acceptable to the County and at no cost to the County, unless otherwise stated
herein. Said conveyance (Owner's delivery to the County of a properly executed
easement instrument) is hereinafter referred to as the "Closing." The County shall
pay all Easement instrument recording fees.
3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the
essence. Therefore, Closing shall occur within 30 days of the date of execution of
this Agreement or within 30 days of the County's receipt of a properly executed
Temporary Construction Easement, whichever is the later. This agreement shall
remain in full force and effect until Closing shall occur, until and unless it is
terminated for other cause.
4. TERM OF EASEMENT - The term of the Easement shall commence upon the
issuance of the County's official Notice to Proceed to its contractor for the
construction of 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement
Project 50238 and shall automatically terminate one year therefrom.
5. EFFECTIVE DATE - 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.
6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the
Property, 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 the
County.
7. SEVERABILITY - 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.
8. VENUE -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 THE CO NTY:
DATED: 2O
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit'Court.CD mptroller COLLIER COUNTY, FLORIDA
BY 'I'* vi n BY: (--21; -
A " ''t.as to-Ch Clerk RICK LoCASTRO, Chairman
Signatuirp c r11y.
AS TO OWNER: 1484 KEANE AVENUE LLC, a Florida
limited liability company
DATED: e1z(o-z(zQ 7,3
itnes Signature)
ure) BY. ") �,,1
GREGORY FFMANN, Manager
Pot.:Arok5
Name (Print or Type)
Witn s (Signature)
-( IL)
(Print or Type)0Aoved as to f and legality:
DEREK D. PERRY, ES .
Assistant County Attorney
Last Revised 1/5/23
',NO
H:\2021\2021121\SKETCHES\21121 SE 1730 KEANE AVE.dwg 1/6/2023 11:35:57 AM Plotted by:JosephHorm EXHIBIT A
N 0 20 40
TE-ROW 178TCE
1/9/22 Page 1 of 1
1"=40'
30.0'
—� ROAD
EASEMENT
30.0'
---10-1 ROAD —
EASEMENT
U
55.0' I _
DRAINAGE EASEMENT
KEANE AVE.
NORTH
40.0' EAST (UNRECORDED) NORTH
WEST 40.0'
I 190.0' 50.0' _
L
PARCEL NO. 00334360005
1730 KEANE AVENUE, LLC PARCEL NO. 00334600008
1484 KEANE AVENUE, LLC
E 1/2, NW 1/4, NE 1/4, NE 1/4 W 1/2, NE 1/4,
SEC 30-49-27 NE 1/4, NE 1/4
SEC 30-49-27
LEGAL DESCRIPTION:
THE WEST 50.0 FEET OF THE NORTH 40.0 FEET OF THE WEST 1/2, NORTHEAST 1/4, NORTHEAST 1/4, NORTHEAST
1/4 OF SECTION 30, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA.
CONTAINING 2,000.00 SQUARE FEET, MORE OR LESS.
HOLE MONTES, INC. ,,,„,nwnuu,,,,,,
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 ````` o�PS.M, 4 ,
• A�:`c., N���;Aye
Digitally signed by Tom = r.
ssza ,
Murphy =o STATE OF p ,tr.:
' "`"� ili - Date:2023.01.09 , \FLORIDA 1,401
BY 08:00:42-05'00' LS5628 1.,''Q/,,,,���,,,,�:6'
THOMAS M. MURPHY STATE OF FLORIDA �Oj",,,,S;;;eyo,,,,`'°��
* NOT A SURVEY *
DRAWN BY: DATE: 950 Encore Way DRAWING NO.
BEN/JNH 10/10/22 H2213
Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION PROJECT NO.
SHEET OF SHEET Phone: (239) 254-2000 21,121
' 1 Florida Certificate of KEANE AVE & 17TH FILE NAME
SEC-TWN-RGE: HOLE MONTE Authorization No.1772
30-49-27 as;.:: 21121 SE 1730 KEANE AVE.*
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