Parcel 162TCE (Klimenko)PROJECT: Collier Boulevard #68056
PARCEL: 162TCE
FOLIO NO.: 36617600003
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referrp,d to as the "Agreement ") is made and entered into on this - -' - day of
t , 2014, by and between ANATOLIY KLIMENKO and LYUDMILA
KLIMENKO, husband and wife, whose mailing address is 1998 Lancashire Drive,
Potomac, Maryland 20854 -6174 (hereinafter referred to as "Owner "), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County ").
WHEREAS, the County 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; subject to the restrictions contained herein, and
WHEREAS, the Owner desires to convey the TCE to the County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the County 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 County for the sum of $260.00 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 County Warrant or funds wire transfer, 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 County,
including 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 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. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a
copy of any existing title insurance policy and 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) Temporary Construction Easement,
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(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W -9 Form; and
(f) 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. 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.
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) County'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 County 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 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 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 County in writing prior to the
effective date of this Agreement.
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(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
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 County.
(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 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 TCE 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 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 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 6(h). This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. County shall pay all fees to record any curative instruments required to clear title,
and all TCE recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees 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 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. County shall have sole
discretion as to what constitutes "reasonable processing fees."
9. The term of the TCE shall commence upon the issuance of Grantee's official
Notice to Proceed to its roadway contractor for the construction of COLLIER
BOULEVARD PROJECT NO. 68056, and shall automatically terminate 1,095 days
therefrom.
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, subject to the penalties prescribed for
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perjury, 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 County, 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 County.
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 COUNTY:
DATED:
ATTEST:
DWIGHT E. BROOK, Clerk
puty Clerk
Attest as o Chairman'_
signature only.
AS TO OWNER:
DATED: 42 / &Iolal�o;'
itness (Signature)
Name (Print or Typ )
Witness ( ignat re)
V) '4 d; k4P17'ank 0
Name (Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTYAFLORIDA
An
NNING, Chapman
ANATOLIY KLIMENKO
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fitness (Signature)
Name (Print or Type)
acv
Witness (Signature)
v1ad;k iir V-44 a. ,
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
Last Revised: 6/3/2013
LYUDMILA KLIMENKO
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EXHIBIT
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TRACT 111 I
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660'(P)
NORTH 150' OF TRACT 112
CANTIN
OR 4165/3318
5'
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 162TCE
750 SQ. FT.
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to
100' WIDE Z, 100' WIDE
PER PLAT PER PLAT
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TRACT 112 40'— o' i
GOLDEN GATE ESTATES X
660'( UNIT 1 N I
PLAT BOOK 4, PAGE 73
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CANTIN & DEL POZO i I
OR 3830/2717 (I
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sso'(P) TRACT 113
TEMPORARY
OR = OFFICIAL RECORDS (BOOK /PAGE) CONSTRUCTION EASEMENT
L PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT DURATION 2
PROPOSED RIGHT OF WAY _— YEARS.
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
1111 OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 162TCE
A PORTION OF TRACT 112, 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 E . "COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT '12.
CONTAINING 750 SQUARE FEET, MORE OR LESS.
1 p /(f /tiu�g7
0 40 BU
ISO Br:
SKETCH & DESCRIPTION ONLY MICHAEL A WARD, PROFEHaSIO.NAL LAND 'SURVEYOR
NOT A BOUNDARY SURVEY FLORIDA I REGISTRATION CER7IFIG4TE N0. 5301
SCALE: 1 " =80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE B RAISED EMBOSSED SEAL' OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
COLLIER BOULEVARD `T
SKETCH & DESCRIPTION OF: C \AT^ CON PROPOSED TEMPORARY CONSTRUCTION EASEMENT Z \ T TT a blaveyi ZU21pin
PARCEL 162TCE 6610 WIIGW Park Drive, suite 200
Naples, Florida 34109
COLLIER COUNTY, FLORIDA Phone: (239) 597 -0575 FAX: (239) 597 -0578
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE A LB No.: 6952
D TE DRAWN BY FILE NAME SHEET
050106.02.00 0006 REV #3 10 49 26 1" = 80' 10 -24 -07 S.D.L. UN1 SK162TCE 1 OF 1