Parcel 163TCE
PROJECT: Collier Blvd. Project #68056
PARCEL No(s): 163TCE
FOLIO No(s): 36617560004
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
re rred to as the "Agreement") is made and entered into on this ,.;?,~ day of
,20~, by PHYLLIS J. PLASTER, individually and as TRUSTEE
OF THE P LLlS J. PL.:ASTER REVOCABLE INTERVIVOS TRUST DATED APRIL
24, 2001, whose mailing address is 14864 Indigo Lakes Circle, Naples, Florida 34119-
4812 (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 roadway, sidewalk, drainage and utility facilities 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 $620.00 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 check to Roetzel & Andress, clo Attorney
Kenneth A. Jones, 2320 First Street, Suite 1000, Fort Myers, Florida 33901,
shall be full compensation for the Easement 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, including but not limited to the cost to relocate the existing irrigation system
and other improvements, and the cost to cut and cap irrigation lines extending into
the Easement, and to remove all sprinkler valves and related electrical wiring, and
all other damages in connection with conveyance of said Easement to Purchaser,
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 frornJt1e 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. 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 TeE 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 TeE; 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
due to any diminution in the value of its property right, 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 1,095 days (three years), which term shall
commence upon the issuance of a Notice to Proceed with the construction of this
project.
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. eonveyance of the TCE, or any interest in the property underlying the TeE, 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:
DA!ED: 11'd.6-0J
,j'''f'~('.", .,
Afr.J€ST: , "
DWfGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU IV, FLORIDA
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BY:
DONNA
~o.~
PHY~ IS P'PLASTER, individually
and as Trustee of the Phyllis J. Plaster
Revocable Intervivos Trust dated April 24,2001
Approved as to form & legal Sufficiency
.
~l)"0~ _
Assista t County Attorney
STATE OF flor\D.Cl.
COUNTY OF CD \ \"\f ("""
The foregoing Temporary eonstruction Easement Agreement was acknowledged
before me this lle day of 06 u-e~b.u" , 20~, by PHYLLIS J.
PLASTER, individually and as Trustee of the Phyllis J. Plaster Revocable Intervjvos
Trust dated April 24, 2001 who:
is personally known to me
OR
-L produced
identity.
f\ Dl\ & Q OC\\le(S L\ ~c;J2.
(affix notarial seal)
(Sig
fir
CHRIS1'INA S. BROWN
Notary PublIc. Statt of Florida
CommiIIiOnt D0929667
My comm..lqlIreI Stpl30. 2013
r/~i\5\\f'R Bmun
(Print Name of Notary Public)
Serial/ Commission # (if any): DDq~qlo{o 7
My Commission Expires: ~
Approved as to form and
legal sufficiency:
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Assis t County Attorney
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UNIT 1
PLAT BOOK 4, PAGE 73
40'
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT""""",
PARCEL 163TCE
1,500 SQ. FT.
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TEMPORARY
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DURA TION;> YEARS.
EASEMENT
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PlAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 163TCE
A PORTION OF TRACT 111. GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PlAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 330 FEET OF SAID TRACT 111.
LESS AND EXCEPT;
THE NORTH 30 rEET OF SAID TRACT 111 (THAT PART BEING AN EXISTING
AFOREMENTIONED PlAT).
CONTAINING 1,500 SQUARE FEET, MORE OR LESS.
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SKETCH &: DESCRIPTION ONLY I : I I
NOT A BOUNDARY SURVEY SCALE; 1"=80'
FOR: COLLIER COUN1Y GOVERNMENT BOARD OF COUN1Y COMMISSIONERS
COLUER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 163TCE
COLUER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
50106.02.00 0006 REV 3 10
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.&. "" ,~ .a. ~ a: MIippD&
6610 WiDow Park Orlva. Suite 200
Naples. Florida 34109
Phon.: (239) 697-0575 FAX: (239) 697-0578
LB No.: 6952
FILE NAME SHEET
UNl SK163TCE 1 OF 1
SCALE
1" = 80'
PROJECT: Collier Blvd. Project #68056
PARCEL:#163TCE
FOLlO:36617560004
TEMPORARY CONSTRUCTION EASEMENT
"
THIS EASEMENT, is made and entered into this day of ,
20_, by PHYLLIS J. PLASTER, individually and as Trustee of the PHYLLIS J.
PLASTER REVOCABLE INTERVIVOS TRUST DATED April 24, 2001, whose mailing
address is 14864 Indigo Lakes Circle, Naples, Florida 34119-4812, (hereinafter
referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WIT N E SSE T H:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary
Construction Easement to enter upon the lands described as follows:
SEE ATTACHED EXHIBIT "A" which is
incorporated herein by reference,
for the purpose of constructing roadway, sidewalk, drainage and utility facilities within
the public right-of-way immediately adjacent thereto.
The term of this Temporary Construction Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its roadway contractor for the
construction of the six-lane improvements to Collier Boulevard Project No. 68056, and
shall automatically terminate 1,095 days therefrom.
Upon the completion of the Temporary Construction Easement, the Grantee
shall use its best efforts to restore the surface of the temporary construction easement
area to its pre-existing condition.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
PHY LIS . PLASTER, individually and
as Trustee of the Phyllis J. Plaster Revocable
Intervivos Trust dated April 24, 2001
b}/;JJ'o--k
Print Name: v
STATE OF
COUNTY OF
F lor\~C\
C9\.U(J('
The foregoing Temporary Construction Easement was acknowledged before me this
I ~ day of }J{)\I'-Q ('f\ 'vyu{ , 20 oct , by PHYLLIS J. PLASTER, individually
and as Trustee of the Phyllis J. Plaster Revocable Intervivos Trust dated April 24,2001,
who:
is personally known to me
OR
'-L produced
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ll(:SW\sJL as proof of
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L ~'^~-\\ no... B muJf'
(Print Name of Notary Public)
Serial I Commission # (if any): DOidCl(efll7
My Commission Expires: q I 30 It 3
(affix notarial seal)
i'A'
CHRISTINA S. BROWN
Notary PublIc, State of Florida
Commlsaiont 00929667
My comm. expires Sepl30. 2013
Approved as to form & legal SuffiCiency
~...PJ~~
Assistant County Attorney
Last Revised: 2/01/07
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UNIT 1
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PLASTER
OR 3554/2428
'gl 60' WIDE PER PLAT
-, - - 5'
40'
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT...............
PARCEL 163TCE
1 ,500 SQ. FT.
TRACT 112
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PER PLAT
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p<)<)'j PROPOSED RIGHT OF WAY
r//~
TEMPORARY
CONSTRUCTION EASEMENT
DURA TION:S YEARS.
EASEMENT
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 163TCE
A PORTION OF TRACT 111, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 330 FEET OF SAID TRACT 111.
LESS AND EXCEPT;
THE NORTH 30 FEET OF SAID TRACT 111 (THAT PART BEING AN EXISTING
AFOREMENTIONED PLAT),
CONTAINING 1,500 SQUARE FEET, MORE OR LESS.
o 40 80 160
SKETCH &; DESCRIPTION ONLY I -----l
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
COLUER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 163TCE
COLLIER COUNTY. FLORIDA
JOB NUMBER REVISION SECTION
50106.02.00 0006 REV.3 10
.'
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.&. '" ,~ .&. ~ a:.......
6610 WiDow Park OrlYe. Suite 200
Naples. Florida 34109
Phone: (239) 697-0575 FAX: (239) 597-0578
LB No,: 6952
FILE NAME SHEET
UN1 SK163TCE 1 OF 1
SCALE
1" = 80'