Parcel 221TCE (2) Project: 51029 Golden Gate City Stormwater
Parcel: 221TCE
Folio: 36325320002
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred
to as the "Agreement") is made and entered into on this ; day of A 1, sr- , 2025,
by and between 2581 2629 55TH 5101 24TH LLC, a Florida limited liability company, whose
mailing address is 5051 Castello Drive, Suite 30, Naples, Florida 34103 (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, c/o 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 and utility 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.
16B 1
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 Golden
Gate City Stormwater Project 51029 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: g/21
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: BY:IJ, 'aik l k B44V4c1C40•401—
, SAChairman
Attest as to Chairtrart �,
16B 1
AS TO OWNER:
DATED: /\ / 2 S
2581 2629 55TH 5101 24TH LLC,
a Florida limited liability company
BY:
Witness (Signature) H, CCONE, Manager
Name (Print or Type)
C?r41t2.L_
Witne s (Sig ture)
Jennifer L Stoneburner
Name (Print or Type)
Appro as to form and legality:
cWWln
Assistan ounty Attorney \v�
v�
GAO
1 68 1
--1 \\ftms01\Drawings\2020\20203244-00D\Surveying\Sketches\Temp Construction Easements - C.dwg (D) MNT Dec 12, 2022 - 3:15pm \\ N --I
m ��I _
- Or- G m 0 0 , 0D m
0
03 -I0- z co I - N
O
i- : Z o0O -1nZm
z=y - X00 NCC
K O •ZazHN I -I
m n mo -' o
X * O D-1 my •' o �'no -0 .._ 4) -----
I ♦♦
L., _, w (-) o 1 2 O,m o z �� 1 rn
C) _, r-0 G7
Z .Zm1 � � O z. ..,o)r'' . J L.
- C 0 11 'm A A 0 m
xi -1 1- D ymm000r =—o
0OZZ vz) cn2m=Nz0
- 0
p D m in c., ir
0i u)o-
N
m Z co m Z--1rm-
� m � cf) m= o0oOm r �N 0
Cn Z n D x3ZmA 00 C o
-I D _,0 C Z D Z 1,. 0 n ti - Z
0z
m Z
c' c r r rh F
p
� D
mc.�� mm 0 n)
-zo� rn 0 n
-0 Z
zO0O
74 z � �� tv � D r_
( c
ni0ti c: oCI ocn N o
0 /� onr-^s Wm -i� ,0Z n OZ-
1--1 1 0 m( -q� 0 O O p O w � (�„/ '' G� CO
z �/ m� �- -Dl C m � - = ul-Iv cn - O
// m o •- �m� N � z r1vvJm (�
rim 1 ccn mmom c0 FF0 W �jpDCT�
z G�
m ZJmo MHz z - cn � om2N
cnWmm z0 �rn En o O HIV � � CA
H -,-m z -m ns
Z Mr mp0o CDC ti' �' A A
y R.
I m= p � oo �� o o O m
0zz c0 I
�� ? W =x L J \` J L_
-) m OT 791
M\el - M\?J \a—
m�=K �= O z Gm-') O C)>
��m N:13 ' . m 0 Z G) N m B O O�p m 7
0,-- 0 -i0 � = 01N r---+CO 0
ro w m m x Z -i 4' m >Gm ti ni n ...... 55TH TERRACE S. P.
Ik.v`132X�z 0 N U) (4- o0 2 i
w o om -� 0 • z p R133(1)
Ga 4•G+D cm Z xi _'' C CO-I rn O 0
w l�wo - m = m= �n0
rn co m.
on a, m '� Z m e�C
4.
ro O I ,czi Z f m Kc C) ���
co
o O a T O 0m 3D 0
v 01 �WN�p(D00•
�I�Cm� W N fO
IQ- D -02O'V0=-0Ovmm*cnCOC-020W-13
� O\cm G-)A' D>=O�TIDc Om=�
w 0- *mII II II CO�Po3-123czMA ..
Gn II � ii II - ii rr*1=Z�mmo m N'
r.o) T. y3z 0 mvK Hcm*DD- Z = A0A -0 II II zr000 zo
73 n) v C O 0mo m X-n o_,=n0M ►3 nv)xWZ�mo00zDm=��ocmj)cyn�
o o Or = K0D m ON yJ_i=Wmm a M0-1-> C�2ZDp0Oco0y Oy
o 0 Z O> D r DoD O=m co C I m DZZ 00(o ZADz
ni , N � 0 -0cno Z Op HcJlmOm< � 5x-n c r00U)0 rZ HP1DmW
00 m mzmx m Dcn?1O '� 0
O * 00 AO0= 0 73>mom 'AOC�=- -nmD�M Om0coo OM0-000 0 O x
mZ0 0 nc� Non=D� CO -- m c,iWcn�R y :a
_ x � � DCH D<.-. DW �� �zmNmWz ��O -< CD 2
N O = N HG= m rg--i� Z W
4, O OCA Z 0= Z�T7 OC7mm�m0 Z ,.., 0c030.-00 0D C 0 •
m z co 0 , 3Dm 00� XI�mmr- Z p m> orn- 0r G �
o) CO0x >V) rnam DNOG�Gm-)m z s >>-4> D
O= Z ° CD co0'1 -15N=rm m �mco°1oC OLD Z
F.
Z D OT Zx NDM CmZXM� A 0100 mMI 0
D �M Nm Ar m 0007 O0 ": ' Ocn� m Z'�1� In
o m z z oy m• Nn-n-� 1 p N 0 - E 14. 0 mcr m'T),OOZ
O NZ 'a c,) 0Q j O D, X v cn m•ZX. 2x_ -
m Z =Om
D Z x0 .N. m>0Z N O0 z _ co• IV R ro 7- ro iL X DO D�) Z
m 0 G''0 C�ODO N NJ D 0-, m �'2 mHZ Z
Z �� 73xi0Z* 0' (n Cm ."i-7� m
o �)D G DCP V) z_ 5m> 0
r z m 0 • z m
- m m rn 0 00