Parcel 180TCE Folio #00334360005 Project: 50238 17th/23rd/Keane
Parcel: 88888-180TC E
Folio: 00334360005
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (h9reinafter
referred to as the "Agreement") is made and entered into on this 1 7 -day of
;1,1 c t-f , 2023, by and between 1730 KEANE AVENUE LLC, a Florida limited
liability company, 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.
CAO
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 COUNTY:
DATED: q/3 /zz3
ATTEST:
CRYSTAL K. K1NZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit'Court &•C:6mptroller COLLIER COUNTY, FLORIDA
(---;2BY: f ;.. II BY:
Attest as to I'rarriian's,•1 eputy le k , RICK LoCASTRO Chairman
► signature only St'
AS TO OWNER: 1730 KEANE AVENUE LLC, a Florida
limited liability company
DATED:
PP A" BY. w�
W PA"
( ignature) G OFFMANN, Manager
De-,�` '`s,-�`/
Name (Print or Type)
1(.A A V/1/4_,.,,,-%.,
Witness (Signature)
Kf,U/n) /v40 2e(So)
Name (Print or Type)
iA
4roved as to form and legality:
I 0 I !yin po4
EREK D. PERRY, S ti.
e`90
0�� 6MP'Atl 3Ntl3M OW 1S LOIL LZ-64-0£
H1L I. 3Ad 3Nd3� ZLLl oN uol}oZl�oy}ny s31Now�IOH
311VN 3113 39d NML �3S
}o a}oo11I4:a0 op1-101j
LZLLZ 000Z-4SZ (6£Z) :auoyd INN f f
ON 103rodd 133HS 3O # 133HS
LIIZH NOIldId0S30 -NO3l aNV H013NS 0LLV£ •13 'saldoN • zz/ol/ol HNf/N38
'ON ONIMVOO AoM aJoou3 OS6 31Va 7.9 NMVd4
* A3Adf1S V ION *
�"""'lllll""", VGI8013 JO 31V1S AHd2lf11N 'W SVWOHI
Q;o �o(`anunS./oG , 9Z9SS1 A8
: da160-U'.dS-I= .00,S0-6Z:8SLO60'LO'EZOZ:elea �" P
,f-fl 7
o (ydanyy wol iq pauBls AIlell6la �_.
5 : AO 31V1S 18-
2 's 8z9s ,�;
Vfr.%N aS,1'4.c
01hl.11lll.. cil ZLL I. 81 2�38Wf1N NOIIVZI2I0H1f1V JO 31V3I311830
'ON' `S31NOIN 310H
'SS31 280 380161 '133J 32LVf1OS 00'009'L ONINIVINOO
'VC1801J AiNl00 8311100 '1SV3 LZ 3ONV8 'Hif10S 617 dIHSNM01 '0c N01103S JO 17/1
1SV3H12ION '17/1 1SV3H12ION 'b/L 1S3MH1LION 'Z/L 1SV3 3H1 JO 1333 0'017 H180N 3H1 JO 133J O'061 1SV3 3H1
:NOIld1210S3O 1VO31
LZ-6b-0c 03S
b/l 3N '17/I 3N LZ-617-0C 03S
'b/l 3N 'Z/l M b/l 3N 'b/l 3N 'b/l MN 'Z/l 3
011 '3f1N3AV 3NV3N 17911.
900009b£�00 'ON 1302:IVd 011 '3f1N3AV 3NV3)i OCR
S0009cbcc00 'ON 1302IVd
I—T
I Dios _ ,0.061
I ,0'017 1S3M 1SV3
I H111ON (0302i00321Nf1) ,0'Ob
•I
AAV ]NV H1d0N
t
J
= 1N3W3SV3 3OVNIV210
,O.SS
1N3W3SV3
I —a.- avo I.---
,0'0c I
IN3113SV3
OVOc —
,0'0S
/1
,0i'=,.T
�o a6ed £Z/6/l ay oz o IN
V.I8 I HX3 33108 MO1-31 6,"P3A63H6 GU
I 7S III IZ\S3H313NS\LZL LZOZ\LZOZ\H
ngydasof�14 Pa!loid W6 66�LF�lI FZOZ/9/L