Parcel 101TCE s
PROJECT: US-41 / Collier Blvd Intersection Improvements #60116
PARCEL No(s): 101TCE
FOLIO No(s): Portion of 30185040007
TEMPORARY CONSTRUCTION AND DRIVEWAY RESTORATION
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this ith day of TovitetY , 20 13 , by and between
EAGLE CREEK COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation,
whose mailing address is do American Property Management Services, 8825 Tamiami
Trail East, Naples, Florida 34113, (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County").
WHEREAS, County requires a Temporary Construction and Driveway Restoration
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
"Easement"); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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:
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 Easement to County for the sum of:
$1,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or electronic funds wire transfer,
shall be full compensation for the Easement conveyed, and notwithstanding County's
obligations set forth in Paragraph 5, shall constitute a full and final settlement of any
and all damages in connection with conveyance of said Easement to County, as well
as all attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
the following documents and instruments properly executed, witnessed, and notarized
where required, in a form acceptable to County (hereinafter referred to as "Closing
Documents"):
(a) Easement instrument;
(b) Closing Statement;
•
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(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 County,
County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all Closing Documents, 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. At Closing, payment shall be made to Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. County shall saw-cut the existing asphalt pavement and concrete curbing within the
Easement at Owner's entrance and shall tie and harmonize the new asphalt
pavement and curbing with the existing asphalt pavement and concrete curbing in
accordance with acceptable standards for driveway restoration.
Owner acknowledges that some of the existing brick pavers, both within the existing
right-of-way and beyond (but within the Temporary Construction and Driveway
Restoration Easement area) will be replaced with sections of new concrete curbing
and sidewalk. County shall remove many of the brick pavers within the easement
area prior to pouring the new section of sidewalk, and will saw-cut the pavers for a
precision-fit upon the replacement of the pavers between the new curbing and the
new sidewalk.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County 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.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, 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) County's acceptance of the Easement 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 County has any right or option to acquire the
Easement 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 Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
Page 3
(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 Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County 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 Easement 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
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) The property underlying the Easement, 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 Easement
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the County, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and 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 any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by lien-holders and/or easement-holders in
connection with the execution and delivery of a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the property underlying the
Easement; 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. County shall have sole
discretion as to what constitutes "reasonable processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing.
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
Page 4
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
12. If the Owner holds the property underlying the Easement 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, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to County. (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.)
13. Conveyance of the Easement, or any interest in the property underlying the
Easement, by 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 County.
14. 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.
15. 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 COUNTY:
DATED: January 7, 2013
ATTES`" ---- . ex. BOARD •F C•UN COMMISSIONERS
DWI GPIT.E,.BRQGR Clerk COLLIE'` i 0 T , FLORIDA
:�► el �_ BY:
"` YY•,� ,,,D`e gtit C e, r reorgia A. Hiller, Esq.
,test ; -Chal : ! Chairwoman
Page 5
AS TO OWNER: EAGLE CREEK COMMUNITY
ASSOCIATION, INC., a Florida
DATED: January 7, 201 not-for-profit corporation
11/ By: (V&N,(7;toti
Witness (Signature) R. L. ("Randy") VanAlstine
4vivf (P671/ cleioe Pr esident
Name (Print or Typ-)
A ' Al
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
1
►
stant County Attorney
Last Revised:04/20/2012
e
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•ia� . \
W 444tl E TRACT "M-1"
■14, f CRYSTAL LAKE TERRACES
AT EAGLE CREEK
PB16, PG 30
0 20 40 EAGLE CREEK
CONDOMINIUM N0. 5
GRAPHIC SCALE DECLARATION OR 1505
1" = 40' PG 1828
UNPLATTED
EAGLE CREEK COMMUNITY EXISTING RW
ASSOCIATION, INC.
OR 3978, PG 6
FOLIO NO. 30180160005
POC
a
EXHIBIT A LC) gc:
Page 6
e
� v
S87'31'42"E S02'28'18"W
25.00' 8.23'
UNPLATTED i
TRACT "R" (EAGLE CREEK DRIVE) POB
EAGLE CREEK COMMUNITY 3
ASSOCIATION, INC. NO2•28'18"E b
OR 3978, PG 6 50.00'
FOLIO NO. 30185040007 °
101TCE RW RI HT-OF-WAY
1 ,250 SF O OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG = PAGE
N87.31'42"W POB = POINT OF BEGINNING
25,00' POC = POINT OF COMMENCEMENT
NO. = NUMBER
S.R. = STATE ROAD
AKA = ALSO KNOWN AS
LEGAL DESCRIPTION — PARCEL 101TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.R. 951, ALSO BEING THE SOUTHEAST CORNER OF
TRACT "M-1", CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK, 16, PAGE 30 OF THE PUILIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG ALONG THE WESTERLY RIGHT-OF-WAY LINE OF S.R. 951. THE F LLbWI'∎IG THREE (3) DESCRIBED
COURSES:
1) THENCE SO4'56'15"W FOR 87.11 FEET; ; n
2) THENCE SO2'28 18"W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
3) THENCE CONTINUE SO2'28'18"W FOR 50.00 FEET;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE OF S.R. 951, N87•31'42"W FOR 25.00 FEET;
THENCE NO2'28'18"E FOR 50.00 FEET; •
THENCE S87•31'42"E FOR 25.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1,250 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TEMPORARY TECM - ROW
CONSTRUCTION EASEMENT JUN 1 5 2012
DURATION 3 YEARS.
&A.3i2.
MIC •EL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGIS ERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
June 8, 2012 9:42 AM W:\2009\090081.00.00 U541 & CR951 Intersection improvements And CR951 RRR\90X Plans\Ph 1—Survey\Sketch And Descriptions\TCE—RW Rev 02\SK0_1o1TCEdwg
PROJECT: U.S.41/C,R.951/S.R.951 DIATAINC.SKETCH AND LEGAL DESCRIPTION
Visualization
CONSULTING VA. s
PARCEL 101TCE: TEMPORARY CONSTRUCTION EASEMENT 0 Mss
6610 Willow Park Drive,Suite 200
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Naples,Florida 34109
Phone:(239)597-0575 FAX:(239)597-0578
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 2 3 51S 26E 1" = 40' 6 8 12 R.A.K. SKD_101TCE 1 OF 1