Parcel 729TO:
FROM:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WILMA J. IVERSON, SENIOR SPECIALIST
REAL PROPERTY MANAGEMEtJT
~:~C'EJ V ED
DATE: May 17, 1999
RE:
IMMOKALEE ROAD IMPROVEME~'I rS
COLLIER COUNTY PROJECT NO 69101
Parcel: 729
Attached you will find one Temporary Driveway Restoration Easement Agreement for
execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please
be advised that Heidi F. Ashton, Assistant (;oun[y Attorney, has reviewed and approved
the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gi~t, purchase or condemnation in Resolution 99-80, Item 8 (b) (2), dated January
26, 1999.
Once the Agreement has been executed, please forward same to Ellie Hoffman, Records
Technician III, Minutes and Records Management, for attestation by the Clerk to the
Board. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachments as stated
F;ROJECT: Immokalee Road
PARCEL: 729
FOLIO NO: 41939520005
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered by and between St.
Monica's Episcopal Church, Inc., a Florida non-profit corporation, whose mailing
address is 7070 Immokalee Road, Naples, Florida 34119, (hereinafter referred to as the
"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 the "Purchaser");
WHEREAS, the Purchaser requires a Temporary 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 Io as the "Property") for
reconstructing the driveway; and
WHEREAS, the Owner desires to convey the Temporary Driveway Restoration
Easement 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 tho granting
of the Temporary Driveway Resloration Easement over, under, upon. and across the
Properly.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable r;onsideration, the receipt 8nd sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the pathos as
follows:
1. Owner shall grant Purchaser a Temporary Driveway Restoration Easement over,
upon, and across the Proped. y described in Exhibit "A" attached hereto in exchange for
the sum of S150.00.
2. Purchaser shall pay Owner for lhe Temporary Driveway Restoration Easement by
County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the execution of
the Agreement by Purchaser. At closing, Owner ,;hall deliver a Temporary Driveway
Restoration Easement to Purchaser in a form acceptable to Purchaser and Purchaser
shall deliver the County Warrant to Owner.
4. Conveyance of the Temporary Driveway Restoration Easement, or any interest in
the Property, by the Owner is contingent upon no other provisions, conditions, or
premises other than those so stated herein; and the 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.
5. Ov/ner is aware of and understands that the "offer" to purchase represented by
Ihis Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents thai the Property ~nd all uses of the Property have been and
presently are in compliance with all Feder~l, State and Local environmental laws: that
no hazardous substances have been generated, stored, treated or tr~nsferred un the
Property except as specifically disclosed to the County; lhat tl~e 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 other',',,ise has no knowledge of a) any spill on the Property, b) any existing
or threatened environmental lien against the Property or c) any lawsuil, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Properly. This provis~on shall survive closing and is not de~.~med
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 (inch.~ding 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 incurr{;d by
or asserted against the County by reason or arising out of the breach om' Or/her's
representation under Section 6. This prowsion shall survive closing and is not d{;~;r'ned
satisfied by conveyance of title.
8. The Purchaser shall pay for all (:osts of recording the Temporary Dnveway
Restoration Easement. All olher costs ass~¢ciated with this transaction including t>ut not
Iimiled to transfer, documentary and ,ntangible taxes, and recording costs, if any, for
any curative instruments shall be borne and paid by Owner.
9. This Agreement is governed and construed in accordance wilh the laws of the
State of Florida.
10. This Agreement and the terms and ;;revisions hereof shall be effective as of the
date this Agreement is executed by both p;~rties and shall inure to the benefit of [~nd be
binding upon the parlios hereto and Iht;ir respective heirs, executors, p~rsonal
representatives, successors, successor lrt~stee, and assignees ','/[],-;never the context
so requires or admits.
It',J WITNESS WHEREOF, lhe parties h~ave ecrecuted this T~;rr~;)oran/Driv,;,,','ay
Restoration Easement Agreement on thi~-Z.~_T_'~ dayet _""7--' _- _ ~_r_~__~ _ ........ 19 (_."'-I '~
Dated Project/Acqt¢isitioe Approved by
BCC:
AS TO PURCHASER:
DATE D :~;~,~ j~___
ATTEST:.
.-'DWIGHT 'E.'BROC'K Clerk
; .~. ,.. Deputy Clerk
~ttest'~:~
s t ?aa Lr,r'~:,. 0,')1Z.
BOARD OF COUNTY COMMISSIOtqERS
COLLIE~ COUNTY,~FL..O,RID/~ /
Parhela S. Mac'Kie, Chairw6man
AS TO OWNER:
DATED: ~'~~~~~
WITNESSES:
(Printed Name)
Approved as to form and
legal sufficiency:
Assistant County Atlomey
St. Monica's Episcopal Church, Inc.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............. 69101
PARCEL r40.729
FOLIO N0. 4.19.39.52~)0.05 .......
330'
IMMOKALEE ROAD (C.R. 846)
EXISTIHG R\W LINE - 30'
PARCEL 729
TRACT 130
DESCRIPTION (PARCEL 72't' )
THE.~,OUTH THIRTY (30') FEET OF THE NORTH 80 FEET OF THE EAST SIXTY (60')
FEE;f,//OF THE WEST 176 FEET OF TRACT 130 OF THE PLAT THEREOF, GOLDEN
GATE ESTATES ~NIT NO. g7 AS RECORDED IN PLAT~OOK 7 PAGE 98 OF TI ~E
PUBLIC RECOR~)o OF COLLIER COUNTY, Ft_ORIDA. ' '
CONTAIr.IING 1800 SQUARE FEET OR .041 ACRES MORE OR LESS.
GENERAL NOTES
2) P.O.B. = POINT OF BEGINNING PREPARED BY
3) SEC. - SECTION ......... DATE.
v GEORGE R. RICHMOND
4). TWP. = TOWNSHIP
5) RGE, · RANGE PROFESSIONAL LAND SURVEYOR-FL RE
8) R/W - RIGHT OF WAY PUBLIC WORKS ENGINEERING DEPT.
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY GOVERNMEH f COMPLF.~
8) NOT VALID UNLESS SIGNED AND SEALED W1TH THE 330~ EAST TAMIAMI IRAIL
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
NOTTO SCALE OCT. 1~, Igg8 IMR711A SHEET 1