Parcel 137
PROJECT: 65061
PARCEL: 735
FOLIO: 00204760803
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between GOLDEN GATE
FIRE CONTROL & RESCUE DISTRICT, an independent special fire control district
of the State of Florida, whose mailing address is 4741 Golden Gate Parkway, Naples,
FL 34116, (hereinafter referred to as "Owner"), and 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 the "Purchaser");
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") 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 "Property") to provide room to maneuver equipment in order to
construct a grade-equalizing slope in the Purchaser's existing right-of-way that is
adjacent to the Property; 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 shall restore the surface of the easement area to its
original condition, upon the completion of the grade-equalizing slope.
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 (said transaction hereinafter referred to
as the "Closing") to County at no cost to the County, unless otherwise stated
herein.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to County on or before the date of
Closing.
4. Both Owner and County agree that time is of the essence in regard to the closing,
and that therefore Closing shall occur within sixty (60) days from the date of
execution of this Agreement by the County; provided; however, that County shall
have the unilateral right to extend the term of this Agreement pending receipt of
such instruments, properly executed, which either remove, release or subordinate
any and all such liens, encumbrances or qualifications affecting County's
enjoyment of the Property.
1
5. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the
Owner has no knowledge of any spill or environmental law violation on any
property contiguous to or in the vicinity of the Property to be sold to the County,
that the seller has not received notice and otherwise has no knowledge of a) any
spill on the Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property.
This provision shall survive closing and is not deemed satisfied by conveyance of
title.
7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County 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 County by reason or arising out of the breach
of owner's representation under Section 6. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
8. Purchaser shall pay for all recording fees for the TCE, and for any and all costs
and/or fees associated with securing and recording any Subordination(s) of any
mortgage(s) recorded against the property, and for the fees to record any curative
instruments required to clear title, except for any and all costs and expenses
required to secure and record releases and/or satisfactions from judgment
creditors, which fees, costs and/or expenses shall be the responsibility of the
Owner.
9. Owner agrees to grant the TCE for the purpose of maneuvering equipment in
order to construct a grade-equalizing slope in the Purchaser's existing right-of-way
that is adjacent to the Property. This TCE shall expire on September 30, 2008.
In the event that the construction of the grade-equalizing slope has not been
completed by September 30, 2008, 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, 2009, for the completion of said
construction. Owner shall be provided with a copy of the recorded Notice of Time
Extension.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
11 . 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 assignees
whenever the context so requires or admits.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 25" day of -~u~ ' 2005.
Dated Project/Acquisition Approved by BCC:
Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003
Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004
2
AS TO PURCHASER:
DATED:
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AS TO OWNER:
DATED: ,q.eJ.nU' J£, 2c~-
WITNESSES:
~"?~"'~~J~
Witness (Signature) ?s
Name: 1Y'I~<=I\ ç: t..~v. 'fY\~u.. \c" \ac ('c:\
(Print or Type)-)
LVA~~
Witness (Signature)
Name: Su SQt\ Mo fr[J
(Print or Type)
Approved as to form and
legal sufficiency:
t1~/Â
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY, '1uL w. ~
Fred W. Coyle, Chairman
GOLDEN GATE FIRE CONTROL &
RESCUE DISTRICT, an independent
special fire control district of the State of
Florida
BY~Kt¥~
(Signature)
Name: Y úAJt}l Ù í2 - Pe ('-€I''sOAJ
(Print or type)
Title: h Æ6 C \.\ ¡J 6 ¡::-
(Print Corporate Title)
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L 186 I I
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LINE TABLE
LENGTH
100.09
.334.81
65.06
5.00
334.79
5.00
.3.34.79
-
-
L189
EXHIBIT A
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LEGAL DESCRIPTION
A portion of the North 1/2 of the South 1/2
of the Southeast 1/4 of the Northeast 1/4 of
Section 34, Township 48 South, Range 26
East, and being a portion of those lands
described in O.R. Book 2987, Pages
3011-3012, of the Official Records of Collier
County, Florido, being more particualrly
described os follows:
LINE
L184
L185
U86
L 187
L188
L189
L 190
Commencing at the East 1/4 Corner of
Section 34, Township 48 South, Range 26
East; thence N.89'51'33"W. along the South
line of the Northeast 1/4 of said Section .34,
a distance of 1 00.09 feet to its intersection
with the Westerly right-of-way line of County
Road 951 (Collier Boulevard); thence
N.02' 15'04"W. along said right-of-way line, a
distance of .3.34.81 feet to the South line of
the North 1/2 of the South 1/2 of the
Southeast 1/4 of the Northeast 1/4 of said
Section .34; thence N.89'52'03"W., a distance
of 65.06 feet to the POINT OF BEGINNING;
thence continue N.89'52'0.3"W. along said
South line, a distance of 5.00 feet; thence
N.02'15'04"W., a distance of 3.34.79 feet to
the North line of the North 1/2 of the South
1/2 of the Southeast 1/4 of the Northeast
1/4 of said Section 34; thence 5.89'52' 43"E.
along said North line, a distance of 5.00 feet;
thence S.02'15'04"E.; a distance of 3.34.79
feet to the POINT OF BEGINNING.
Containing 1673.94 square feet or 0.0384
acres, more or less.
NOTES:
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BEARING
N89"51 '33"W
N02'15'04"W
N89"52'03"W
N89"52'03"W
N02'15'04"W
S89'52' 4.3"E
S02'15'04"E
1. This is not a survey.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being 5 02'15'04" E, Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plot, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
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DAVID J, H't':" . '. (FOR THE FIRM)
FLORIDA lI: NO:· 5634
q r )l-'Ì"-O:.} . , (DATE SIGNED)
. NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
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PROJECT NO.: 65061 PARCEL NO. : 735
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Sip 23, 2003 - 18:05:02 MlAMUREJX:\SUR\N8015\951Id10D.dw'l
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH de DESCRIPTION
09/2003
PROJECT NO.:
NOD 15-005-000
SHEET NUMBER:
735 Or XXX
fiLE NO.:
2L-812