Parcel 129TCE
PROJECT: LASIP 18 North No. 511012
PARCEL No.: 129TCE
FOLIO No.: 55151160006 (Reference only)
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this day of
, 2008, by and between EL CAPISTRANO CONDOMINIUM
ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 700
Valley Stream Drive, Naples, FL 34113 (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 over,
under, upon and across the lands described in Exhibit "A" (hereinafter referred to as
'TCE"), which is attached hereto and made a part of this Agreement, for the purpose of
constructing drainage structures and facilities, including but not limited to canals,
ditches, swales, earthen berms, rip-rap, gab ions and retaining wall systems,
underground pipes, and various types of water control structures within the public right-
of-way immediately adjacent thereto; 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 $31,700.00 (Thirty-One
Thousand Seven Hundred Dollars), 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. 80th Owner and Purchaser agree that time is of the essence of this Agreement
and that, therefore, Closing shall occur within sixty (60) 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 6(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. The term of the TCE shall be 730 days (two years), which term shall commence
on December 1, 2008.
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:
DATED:~
ATTEST: ; ,)~I)/) BOARD OF COUNTY COMMISSIONERS
DWI Gljl' E . 13 ROcKt->Clerk COlLl~UN~RIDA.
<1(. .....". ". .....?...-._
...J ... ,', "_-;..
..~
BY: ,. <[Jt-_/ ~
TOM HENNING, Chairman
DATED: CJ ~l.v L ~I cooX EL CAPISTRANO CONDOMINIUM
ASSOCIATION, INC., a Florida
non prOf71porati~
,_./,.:;:~ 0' ') /
I.. .' . /
~/ I _ /,'" r , _,' /' i'!
,-- ;,' I i' I
. ."''"./ :' ,/; /
Witness (Signature) Name: Michael Ranucci
Lt vt~r N.. Title: President
Name (Print
,
Witnes$ (Signa' re)
~1"'1=>~C-~
Name (Print or Type)
STATE OF FLORI DA
COUNTY OF COLLIER
The foregoing Te~orary constr~n Easement Agreement was acknowledged
before me this ~ day of 0 ~ , 2008, by Michael Ranucci, as
President of EL CAPISTRANO CONDOMINIUM ASSOCIATION, INC., a Florida non
profit corporation, who:
is personally known to me
OR
r
./ produced C\ + (tlv>'l J" cf; v ~J--v\.. I \ c-<--"... as proof of
identity.
(affix notarial seal)
"o~';.'. ~~e(b PAUL F. YOUNG
* ~ * MY COMMISSION # DD 357485
<1' " EXPIRES: December 3, 2008
-':.,rOOF FCC';:'''' Bonded Thru Budget Notary Services
Serial/ Commission # (if any): ~ () d )/,{-8~
My Commission Expires: \1..\ ~ \o€
Approved as to form and
legal sufficiency:
BY:
Jeff . right, Assistant County Attorney
Last Revised: 7/24/08
EXHIBIT A
Page . ~
,. . --Lo~
..
PROJECT: NO. _ 7~
PROJECT PARCEL NO: .::: 'fPJS.
TAX PARCEL NO. _ 13.7 -
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT NOT A SURVEY
~,
1J., ?
~'
: ~.
j c;o~
, .
@ @ PEPPER WOOD CONDO
Phose 1
POINT OF
s 48'01'29 W BEGINNING
. . 200.00
'. . . '" . VALLEY STREAM DR. (~'gX~JE
TRACT M........... .... ......................................,.............,...., ""
LEL Y GOLF ESTA rES (O.R. 925~
TRACT MAP <: @
CI) PG. 254) t::
(P.S. 8, PG. 20) 'of>,.
VI .... @ ~51
@ g~ PSi
8M g .
. :::IE
TEMPORARY l'l'J
CONSTRUCTION EASEMENT PARCEL f29r~ @
DURATION:2 YEARS~R POSED 10' T.C. .
- rSOUTHEASTERL'Y 10'
-------------- -'-------- ----------- -
-I ---....--....--.-
I N 48'O1'29",~ n,._. -- _'_'._., _ _ ....n. "'_.__. .... _.'_.. ...~..., ".
200.00
DRAINAGE EASEMENT
SEcnON 19,
TR ACT L @ TRACT A
LEL Y GOLF EST A rES LEL Y GOLF"' ESTA TES
TRACT MAP TRACT MAP
(P.B. 8, pc. 20) (P.B. 8, pc. 20)
';
PREP ARED BY: 08/21/06 ADD~D BEARINGS SHEET 1 OF 2 ,
....tit
:::: NOLI 01/11/06 BY: _
..... GUY p, ADAMS. P.S.M. No. 4390
=:::= BER & 10' T.C.E.
11I.11I.. SCALE: 1" == 1 Qa:
...... 03/27/06
...... UNDAGE.-. DRAYtN 8Y:~AN_ DA TE:-s,JUL y' , B. 20122
P.rotoll"lI"!Dll4l BIJ,ejnee.ns, l'lanne.ns, &: lantl .~1O.ns
- - ~" ... ,-...... - '- -. ~~. ~...," CHECKED BY:~ PROJECT NO.: 7qQ9':::1.
to. eo....... .lJdl.o !01, 1_ ~ ~ Pari ~ J1, _1 U1 1-3111 FILE NO:_ 8289_ ACAD NO:_B2RS-7.2a:,
CoriI&.o.I.o of ~u.... .11'... I'.ll lIIU ll.Il4 ll:I lIIU luo Ul)GM.._
""'m ... ,.'.".... .. ''''',-- .,......,.. .._"..._ ,....... '._"""~_' ...........__n. ~M....,__......_. _n.'._..~_......,.,.
EXHIBIT A
.- Page 2.. .of Q. -
. - -.-
PROJEOT: NO. _ 71)99_
PROJECT PAROEL NO: _ 12~:n:.e.
TAX ,PARCEL No. _ 13.7 _
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY: FLORIDA
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 129 Tc-~
THE SOUTHEASTERL Y 10 FEET OF THE FOLLOWING DESCRIBED
LAND}'
THA T PORTION OF TRACT M, LEL Y GOLF ESTA TES, TRACT MAP,
RECORDED IN PLA T BOOK 8, PAGE 20, PUBLiC RECORDS OF
COLLIER COUNTY, FLORIDA, DESCRIBED AS;
COMMENCE A T THE NE CORNER OF SAID TRACT AND RUN S 89'
32'18" W ALONG THE NORTH LiNE OF SAID TRACT M FOR
457.44 FEET; THENCE RUN S 28"33'33" W FOR 527.00 FEET TO
A POINT OF CUR VA TURE; THENCE RUN 329.55 FEET ALONG THE
ARC OF A CURVE CONCA VE TO THE NORTHWEST HA ViNG A
RADIUS OF 970.00 FEET AND SUBTENDED BY A CHORD HAVING
A BEARING OF S 38'17'31" W AND A LENGTH OF 327.96 FEET
TO A PO/NT OF TANGENCY; THENCE RUN S 48'01'29" W A
DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING (POB)
OF THE DESCRIBED LANDS.
FROM THE POB, RUN S 48'01'29" W FOR 200.00 FEET; THENCE
RUN S 41'58'32" E FOR 300.00 FEET; THENCE RUN N 48'01 '29"
E FOR 200.00 FEET; THENCE RUN N 41-'58'31" W FOR 300.00
FEET TO THE POB. Cont~hdng 2,000 Sq. Feet; more or 1""0.
'",
i
,.l,~'~1"'~ '~"~J Il~A..
/F=~~:< - :;..;: .~~;~,.,... ' ,
TEMPORARY ., > "". "" '. ',' ,
CONSTRUCrln'N EA'SEMEN1' {'';:-.~'.;'''' R.:}r3: '~.\', .:;, '.
u '. ,'. 0' 'u ..., ,
DURATION 2 YEARS; ':\ ~::; ~,'; i !,
- - '" '.. .\',;- ':, ;;~ '., .-- .
""-::.:." '''c, '.."...,.' .,'.,', '
. -:'~1,' .,' \i,-.>
:J,1t1'j ,\ ,.,~. .'
. ~ ~.I"I'''I\'''''.,
i
{-
8"ARINGS ARlO 8ASal ON 711" La Y GOLF "STA 70S m4c MAP
PREPARED BY, PLAT 800K 8, PAGE: 20, COLLIOR COUNTY, /'LOR/111
. ,I SHEET 2 OF 2,
::::t;, ~ .
.... NOlj 01/11/06 BY, I
..11I11I.
==::: ER & to' TeE GUY P. A' AMs, P.S,M, No. 4390
:::::: , . . SCALI"'. ~ rr<:: \
...... RUliDME... 03/27/06 0.. iUMT .
p""~.,,.., ~.j~"". P'''''"". · ,~, ......,... ,ORA\\N BY. DA1E:.-"UI Y 16. 2002
CDUl..'c.""t.:n lJIUlo 100, ...- TODU&mj Trllll, If...u,/Hal"". rr. :l4IQ' tU1JED7-1111 CHECKED 8\:';~ PROJECT NO.: 7599-::1
LA. c.""t.:n lJIUlo 101, 1_ Jr......,. lfboo.l. 1'0>\ l<rv., n. lI:IlIOl Nt 1I7-DJ11
.....~ " .......... ,- Q - -. .. - '... ~ -- , FilE NO: ~~R'L ACAD NO: ~2R9-7~
, "
.-- - ... ~..._".-- \.. ~-- ._....~N .__~". .~_.~.~,_... ...
'-,-. - -. ,- ---'.. -----_. '-...-..~.-._-"-" ----- .. -..-........--..--.----..'.-----...-.......,.-.-....-.--..--,--.. --... ...-...-..,.....-....