Parcel 721
PROJECT: Collier Blvd., 60001
PARCEL No(s): 721
FOLIO No(s): a portion of 62030900260
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT J1'i'Jeinafter
referred to as the "Agreement") is made and entered into on this ~ day of
O~u. ,2001-, by and between MARCO ISLAND RADIATION
ENTERPRISE, LLC whose mailing address is 2234 Colonial Blvd., Fort Myers, FI
33904-1412 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose mailing address
is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, the Purchaser requires a Temporary Construction Easement for 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 "TCE"); and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance
of the TCE.
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. 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 TCE to Purchaser for the sum of $11,200.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 8 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
TCE conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, and all other damages in
connection with conveyance of said TCE to Purchaser, including all attorneys'
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the TCE, the execution of such instruments
which will remove, release or subordinate such encumbrances from the TCE upon
their recording in the public records of Collier County, Florida. Owner shall cause
to be delivered to Purchaser the items specified herein and the following
documents and instruments duly executed and acknowledged, in recordable form
(hereinafter referred to as "Closing Documents") on or before the date of Closing:
(a) Temporary Construction Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence of this Agreement
and that, therefore, Closing shall occur within ninety (90) days from the date of
execution of this Agreement by the Purchaser; provided, however, that Purchaser
shall have the unilateral right to extend the term of this Agreement pending receipt
of such instruments, properly executed, which either remove or release any and all
such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the
TCE. At Closing, payment shall be made to Owner in that amount shown on the
Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser.
5. Owner and Purchaser 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.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, 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 TCE 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 TCE or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the
property underlying the TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TCE, without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement, which consent may be withheld
by Purchaser for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE.
(f) 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 TCE or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the TCE which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
(g) Purchaser 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
TCE 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 TCE and not to do any act or omit to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by Purchaser.
(h) The property underlying the TCE, 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 TCE 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 TCE 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 TCE; b) any existing or
threatened environmental lien against the property underlying the TCE; or
c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the
property underlying the TCE. This provision shall survive Closing and is
not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and reimburse the Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable
paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred
by or asserted against the Purchaser by reason or arising out of the breach of any
of Owner's representations under paragraph 7(h). This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all TCE recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the TCE; provided,
however, that any apportionment and distribution of the full compensation amount
in Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration
for the execution of any release, subordination or satisfaction, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per paragraph 2. In accordance with the
provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless this Easement is
acquired under threat of condemnation.
9. Owner agrees to grant the TCE for the purpose of constructing public facilities
adjacent to this area. This TCE shall expire on September 30,2010. In the event
that the construction of the public facilities has not been completed by September
30, 2010, the Purchaser reserves the right to record in the Public Records of
Collier County a Notice of Time Extension which shall grant a one (1) year time
extension until September 30, 2011 for the completion of said construction.
Owner shall be provided with a copy of the recorded Notice of Time Extension.
10. 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.
11. If the Owner holds the property underlying the TCE 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 TCE before the
TCE 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.)
12. Conveyance of the TCE, or any interest in the property underlying the TCE, 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
Purchaser.
13. 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.
14. 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 PURCHASER:
DATEQ:~tQI~n
.,
A HEST: . .
DVIliGHT E. BROCK.:Clerk
2}= "1
, <.'
,
BOARD OF COUNTY COMMISSIONERS
::LLI~:Jm
JA COLETTA, Chairman
AS TO OWNER:
MARCO ISLAND RADIATION
ENTERPRISE, LLC
DATED: ID/v/I) 7
~Ai ~-
Witness (~igna ure)
~ ;J LtJf<./at-
ie (Pri- to' Type)
~c-M
Witness (Signature)
f!!tr-tk ayh.
ame (Pnnt or Type)
BY:
~
~Id fjo,,~.lh
PRINT NAME
iUfI?J(f(/~'t ~~
PRINT TI E
Approved as to form and
legal sufficiency:
AL/tu
H idi Ashton-Cicko
Assistant County Attorney
Last Revised: 8/10/07
.
Parcel 721
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I TRACT B I
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NAPLES LAKES
SHOPPING CENTER
PLAT BOOK 36
PAGES 98-99
TRACT A
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
LINE TABLE
LENGTH
9.71
13.22
22.10
31.20
45.26
5.00
45.38
27.18
11.27
o
BEARING
N89'09' 17"W
NOO'50' 8"[
589'09'22" E
N29'59'50" E
NOO'51 '26"E
S89'08'34"E
500'51 '26"W
S29'59'50""W
500" 50' 44" W
CURVE TABLE
CURVE RADIUS DELTA LENGTH TANGENT
C12 48.00' 43"38'09" 36.58' , 9.22
C13 48.00' 3"4"58" 19.85 10.07
Rev 2) Revised per CH2MHILL 04/07
Rev 1) Revised bearing direction 03/06
CH2l1HILL 3 06
SKETCH & DESCRIPTION OF PARCEL 721
A PORTION OF
SECTION 15, TOWNSHIP 50 S., RANGE 26
COLLIER COUNTY FLORIDA
1l\SIC lXIDrl llMIH 1M atcEIIlM ll\II fU:
GCSOO TIIO DIH IC-41
CHORD
35.88'
19,71'
CHORD BRG.
S45"9'39"W
S78'5 '43"W
E.,
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Mar 14, 2006 - 08:29:39 TOSBORNEIX:\SUR\colller blvd'\CH2MHill\lC_41\NoPles Lokl:t$ Snopping Center.dwg
PIlOoIICr NOI
N6015-S0U-OOI
Legal Description
A portion of Tract C and the South 5.00 feet of lhe
West 5.00 feet of the east 8,30 feet of Tract 0,
Naples Lakes Shopping Center, as recorded in Plat
Book 36. pages 98 through 99 of the Public Records
of Collier County, Florida, being more particularly
described os follows.
Commencing at the southeast corner of Tract C of
said Naples Lakes Shopping Center, said point also
being the intersection of the northerly right-ot-way
line of Tract R-1 and the westerly right-of-way line
of Collier Boulevard and the beginning of 0 curve to
the right. of which the radius point lies North
66029'27" West. 0 rodiol distance of 48,00 feet and
having a chord bearing of South 45"19'39" West, a
chard distance of 35.68 feet; thence southwesterly
olong the northerly right-ot-way line ot said Troct
R-1 and the ore. through 0 central angle of
43'38'09", 0 distance of 36.56 feel to the POiNT (IF
BEGINNING; said point also being the beginning of 0
curve to the right. of which the radius point lies
North 22"51' 1 6" West, 0 radial distance of 48.00 feet
ond having 0 chord bearing of South 78'59'43" West,
19.71 feet: thence westerly olong the northerly
right-of-way line of said Tract R-1 and the arc,
through 0 central angle of 2.3'41'58", 0 distance of
, 9.85 feet; thence continue along said right-of-way
line North 89'09'17" West, a distance of 9.71 feet;
thence leaving said line North 00"50'38" East, a
distance of 1 3.22 feet; thence South 89'09'22" East,
o distance of 22.10 feet; thence North 29'59'50"
East, a distance of 31.20 feet: thence North
03'35'37" East, 0 distance of 174.92 feet; thence
North 00'51 '26" East, 0 distance of 45.26 feet to
the northerly line of the south 5.00 feet of said
Tract D: thence South 89"08'34" East along said
northerly line, 0 distance of 5.00 feet: thence leoving
said line South 00"51'26" West, a distance of 45..38
feet; thence South 0.3'35'37" West, 0 distance of
178.22 feet; thence South 29'59'50" West, 0 distance
of 27.18 feet; thence South 00'50'44" West, 0
distance of 11.27 feet to the POINT OF BEGINNING.
Containing 1,615 square feet, more or Jess.
NOTES:
,. This;s not 0 survey.
2. Basis of bearing ;5 the West line of
County Road 951 (C.R. 951) being N
00'50'44" c, Florida Slale Plane Coordinates
NAD 83/90, Easl Zono.
J. Subject to easements, reservations' and
restrictions of record.
4. casements shown hereon ore per plat,
unless otherw;se noted.
5, Dimensions ore ;n feet and dedmals
thereof.
6. Certincote of outhodzotion LB 43.
7. R/W represenls Right-or-Way,
B. P.D.B. represents Point of 8eginn;ng.
9. P.O.C. represents Point of Commencement.
10. O.R. represents Offidal Records.
11. L.B.E. represents Landscape Buffer
Easement.
12. V.E. represents UWity Easement.
13. F.P.L.E. represents F1orit;Jo ,,power & Light
Easement.,_...~" " .
14. D.E. represents Drp1ddge. ".[osem.,erl t.
,15. S.€:. represents:.;;S"de'r'fcilk~-'Eo.seh1ent.
16. P.U,E. represehls Public '"Utiiity Easemont.
17. L.E. repersertsLcind"c~pe Easement.
, .\ "\ ,.1..', ~'.",.'
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L.
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DAVID J." AT. .S.M" (FOR", THE FIRM) "" ".
FLA. CrIC. NO. 5834. ':~). :'~;i ;:'1' I.,> ,'\~",,~;:~~i{;j:;;t~'"
NOT VALID WITHOU7>'..TI1f: ,SIGNA'rURE:" AND THE
ORIGINAL RAISE:D SEAIi OF,", A F~ORIDA LlCENSE:D
SURVEYOR AND MAPPER"'""' .
This is NOT a Survey,
WII.Mlller, _,"=,~J=-M
1'Jmtn:'~'~'''''''''.~NdMIJ'~bl~
...............
.ur
721
~ INDEX NOI
IC-41
IllVl