Whiitenberg Const. & Utility Easement AgmtPROJECT: MPS 312 Rehabilitation
FOLIO Numbers: 81820000322 & 81820000306
TEMPORARY CONSTRUCTION EASEMENT & UTILITY EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered
into on this day of 2011 by and between
WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation whose
mailing office address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples
34109 (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -
SEWER DISTRICT, (hereinafter referred to as "CCWSD "), whose mailing address is
3335Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD requires a Temporary Construction Easement 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 the "Temporary Easement Area "), for temporary staging
and construction of drainage improvement and utility facilities; and
WHEREAS, Purchaser requires a perpetual non - exclusive Utility Easement over, upon
and across the lands described in Exhibit "B ", which is attached hereto and made a part of this
Agreement (hereinafter referred to as the "Permanent Easement ") to the CCWSD for the stated
purpose of construction, maintaining and operating utility facilities thereon, on the terms and
conditions set forth herein; and
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 is hereby
mutually acknowledged, it is agreed by and between the parties as follows:
Owner shall convey the Temporary Easement Area and the Permanent Easement via a
Temporary Construction Easement and a Utility Easement to CCWSD for the sum of
Three Thousand Six Hundred and no /100 Dollars ($3,600.00), U.S. currency by County
Warrant or wire transfer (said transaction hereinafter referred to as the "Closing ").
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to extend
the term of this Agreement.
Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
Owner represents that the Temporary Easement Area and the Permanent Easement and
all uses of the Temporary and Permanent Easement Areas 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 Temporary and
Permanent Easement Areas except as specifically disclosed to CCWSD; that the Owner
has no knowledge of any spill or environmental law violation on any property contiguous
to or in the vicinity of the Temporary and Permanent Easement Areas to be conveyed to
CCWSD; that the Owner has not received notice and otherwise has no knowledge of a)
any spill on the Easement Area, b) any existing or threatened environmental lien against
the Easement Area or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on the
Easement Area.
CCWSD shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and recording
costs for any curative instruments shall be borne and paid by Owner. The cost of a title
commitment shall be paid by CCWSD.
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 trustees, and /or assignees, whenever the context so requires or
admits.
Conveyance of the Easement Area by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
Easement Agreement
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
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 this
day of De4ernh!,, ' , 2011.
Date Property acquisition approved by BCC:
AS TO CCWSD:
DATED: �1/
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED: OG-Ia�s, 2 0l►
Wi s n t re)
Na
(Print or 113K
Witness (Signature)
Name: E v y
(Print or Type)
Approved as to form and legal sufficiency
�)' VlkA .
Jennifer B1.:VVhit6, Assistant County Attorney
y A`i;Y il
BOARD OF COUNTY COIIf1StbNERS''
OF COLLIER COUNTY, Ft#VA; AS
THE GOVERNING BODY 4, 9Li,IER
COUNTY AND AS EX- OFFFPIIP THE
GOVERNING BOARD OF i dtL E'R
COUNTY WATER -SEWER MITT.
BY: W.
Fred W. Coyle, Chairman
WHITTENBERG HOMEOWNERS ASSOCIATION,
INC., a Florida nonprofit cor oration
Barbara Puch, President
\",— WHITTEN DRIVE R.O.W
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Easement Agreement
Exhibit "B"
Being the northerly twenty (20) feet of Tract "HH" as shown of the Plat of Whittenberg Villas
recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County,
Florida; and