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Backup Documents 04/25/2017 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 14 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners7-s A\zn\t—k 5. Minutes and Records Clerk of Court's Office 17-$I Executed COPY only returned to: Karen Dancsec/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 04/25/2017 Agenda Item Number 16.A.8 V/ Approved by the BCC / Type of Document Easement Agreements Number of Original 5 / Attached Documents Attached yyy INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whic i- • ' Yes N/A(Not appropriate. ,itial) Applicable) 1. Does the document require the chairman's original signature? S,A P \,(,,-A\( : 2. Does the document need to be sent to another agency for addition.. ignatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on Ai . -.: •- . 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 13/99fi and all changes made during the meeting have been incorporated in the attachhdocumen The County KD Attorney's Office has reviewed the changes,if applicable. Lt aS I 1 _ 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for e cd) Chairman's signature. Please scan under BMR Real Property—60204—GG4 Weir Replacement—1 I ' - & TCE2 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Ann P. Jennejohn 1 (�` A 8 From: Ann P.Jennejohn Sent: Monday, May 01, 2017 9:36 AM To: 'KarenDancsec@colliergov.net' Subject: Golden Gate Canal Weir#4 Replacement Project#60204 Attachments: Parcel 103TCE.PDF; Parcel 102TCE_TCE2.pdf; Parcel 101TCE.PDF Good Morning Karen, Three (3) of the agreements for the attached Parcels, related to the Golden Gate Canal Weir #4 Replacement Project #60204, are attached for your records. I have to send the other two agreements over separately, so I'll be right back with those. Please let me know if you'd prefer paper copies and I can send thews over right-away. Thank you! Avtvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment 13oard Collier County 13oard Minutes & Records Dept. 239-z52-84O6 Fax 239-252-8408 1 1 6A8 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, May 01, 2017 10:04 AM To: 'KarenDancsec@colliergov.net' Subject: Golden Gate Canal Weir Replacement Project#60204 Attachments: Parcel 104DAME.PDF; Parcel 104TCE.PDF Here are the other two agreements (Parcels 1O4DAME & 1O4TCE) for Project #60204. Thanks again, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 16A8 PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 101TCE FOLIO No(s): Portion of 39260780005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of l r n k..•c -/.z., , 2A-)11-, by and between SUSAN R. REED-BETTS AND GARDINER W. BETTS, wife and husband, whose mailing address is 770 8th Street NE, Naples, FL 34120-2047 (hereinafter collectively 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, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County' easements immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this Easement; 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 1 6 A 8 which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - 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. PURCHASE PRICE - Owner shall convey the TCE to County for the sum of: $1,000.00 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 (if applicable) 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 (if applicable), 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. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, 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; (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 1 6 A 8 (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. TIME IS OF THE ESSENCE - 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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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. 1 6 A 8 (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. (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. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. EFFECTIVE DATE - 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(s), and/or assignees, whenever the context so requires or admits. 16A8 10. PUBLIC DISCLOSURE - 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 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.) 11. ENTIRE AGREEMENT - 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. 12. SEVERABILITY - 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. 13. VENUE - 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: )g'^1 1 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE"de TY, FLORIDA % 0 C_ • BY: /.- ' Attest as' '' clerk PENNY T.v OR, CH. AN signature only., 1 6 A 8 AS TO OWNER: DATED: ,fir ," I b, 20 i}- AI II(fit( t4 . 441 Li0. b <'yam d? -0)-1154( Witness (Signature) SUSAN R. REED-BETTS r) t°gin lvia 146(ta 3 Name (Print or Typ 2'p r Witness Signature) 41 i (ife ire/4c Name (Print or Type) AS0,4,, 14/4 Ni%) 4.1.,, Ay - - it-,'-), -4-e; Witness (Signature) GARDINER W. BETTS i (611C14Hcyt.c Name (Print or Ty,, -) 7/ Witne- (Sig Allure) Pi J• /1(1/4"/ Name (Print or Type Approv-d as • form and legality: Jennif ' ' , ' er A. Belpedio Assistant County Attorney w� � at SKETCH AND DESCRIPTION 1 V A 8 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT"A" . PORTION OF TRACT 16,GOLDEN GATE ESTATES UNIT NO.49 PAGE 1 OF 2 (P.B.5,PGS.80-81,C.C.R.) COLLIER COUNTY,FLORIDA tai lt! ;0 Li itl 20 If i ISI '6 _ T ; I tSITE 3 II 53 52z It 1 I 11 22 1 ! 5 TEMPORARY Z i • t ;� l i CONSTRUCTION EASEMENT LAND DESCRIPTION: LOCATION SKETCH DURATION: 3 YEARS NOT TO SCALE A portion of the South 165 feet of Tract 16, GOLDEN GATE ESTATES UNIT N0. 49, according to the Plat thereof as recorded in Plot Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 165.00 feet of the West 25.00 feet of the East 95.00 feet, Less and Except the North 25.00 feet therefrom; of Tract 16. Said land lying in Collier County, Florida, and contains 3,500 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. .No search of the Public Records has been made by the Surveyor. 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; LB. = Licensed Business; Q.R.B. = Official Records Book; P.B. = Plat Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Woy, SQ.FT. = Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: 6 '.2-4 —..1" 0/./.7' PARCEL101TG , f --I. .z.__� ._._ KEITH M. CINE—A—TOW, P.L.S. TECM - ROW Florida Registration No. 5328 JUL 5 2016 AVIROM & ASSOCIATES, INC. NOT VALID WITHOUT SHEETS 1 AND 2 L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES,INC. JOB t. 10024-1G 97,c(<8.assoe� SURVEYING&MAPPING SCALE 1'=30' 9a 50 S.W 2nd AVENUE,SUITE 102 DATE: 06/24/2016 411 SOCA RATON.FLORIDA 33432 BY: S.R.L. TEL.(561)392-2594.FAX(561)394-7125 CHECKED: K.M.C. www.AVIRO MSURVEY.com � rst o 0 ®zms AVIROM s ASSOCIATES.INC.at Ms reserved. F.B. — PG. — This sketch is the property of AVIROM 6 ASSOCIATE'S.INC. and should nor be reproducer/or coped vetnout wades permrss+on. SHEET: 1 OF 2 1 6 A 8 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT I. PORTION OF TRACT 17,GOLDEN GATE ESTATES UNIT NO.49 EXHIBIT "A (P.8.5,PGS.80-81,C.C.R.) PAGE 2 OF 2 COLLIER COUNTY,FLORIDA TEMPORARY 0 30 60 CONSTRUCTION EASEMENT — 1 DURATION: 3 YEARS GRAPHIC SCALE IN FEET 1"=30' i`c§ es, 14.LL' I • ( aIX)ooeo h lxi,ZNC' ,- @iOv,(nOc� twy. i Vo �____, S.F.W.M.D. NORTH LINE OF GOLDEN GATE CANAL THE SOUTH 165' OF TRACT 16 1 EAST 95' OF —i—THE SOUTH 165' - TRACT 16 WEST 25' OF ✓ , � � THE EAST 95' OF THE SOUTH 165' ///// TRACT 16 I. W —Th a W (---- ... o , , ,......., cE O a Wco �--, wcj-- � c We Z ci Q (S ci Q * CS L - � Z I~ -)5. Li aLs ; Hao y U `� � � o QV 4, 1 1 Q NW 1 OI•. � o /`4,v)ti/ VE � co° o `b � � Wo U �is is' � 4UQc II • -6 06 2 1 .. cc ) PARCEL101 TCE TECM - ROW JUL 5 2016 SOUTH LINE TRACT 16 SOUTH LINE TRACT 21 (P.B. 5, PGS 80-81, C.C.R.) y7P.s. 5, PGS. 80-81, C.C.R.) NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS AVIROM&ASSOCIATES, INC. JOS t. 10024-1G �a Assoc SURVEYING &MAPPING `SC's' 1 30' . . o �a 50 S.W.2nd A VENUE.SUITE 102 DATE: 06/2412016 4 rn BOCA RAION, FLORIDA.33432 BY: S.R.L TEL.(561)392-2594,FAX(561)394.7125 www.AVIROMSURVEY.mm CHECKED: K.M.C. �4eusr,Eo °" ©2011 AVIROM&ASSOCIATES.INC.an npnrs ressn a. F.B. - PG. - rnrs skerur,s me cro�ery a AvraOM a ASSOCL4TEs,wc. ant sn0utt nose yea 0t�roea or co,+et„gmour n pe�namon SHEET: 2 OF 2 16A8 PROJECT: 60204 - Golden Gate Main Canal Weir No. 4 (GG4) Replacement PARC E L(s): 102TC E 1/TC E2 FOLIO(s): 39261000001 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 2017, by and between CLAIRE BATCHELDER RIOS whose mailing address is Cheong Hong Mansion 1/F Flat E, 25-33 Johnston Rd, Wanchai, HK (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, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County has requested that Owner convey to the County two (2) Temporary Construction Easements over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County's property and easements immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under these Easements; 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 1 6 A 8 which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - 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. PURCHASE PRICE - Owner shall convey the TCE to County for the sum of: $3,500 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 Easements conveyed, including (if applicable) 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 (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, 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; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easements; (c) Closing Statement; (d) Owner's Affidavit; (e) W-9 Form; and 16A8 (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. TIME IS OF THE ESSENCE - 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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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. 1 6 A 8 (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. (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. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easements are acquired under threat of condemnation. 8. TERM OF EASEMENTS - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its roadway contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. EFFECTIVE DATE - 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, oda 16A8 executors, personal representatives, successors, successor trustee(s), and/or assignees, whenever the context so requires or admits. 10. PUBLIC DISCLOSURE - 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 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.) 11. ENTIRE AGREEMENT - 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. 12. SEVERABILITY - 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. 13. VENUE - 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: 4:4'1-1 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE-40 TY, FLORIDA \citi auto:. BY: /1417"/" .--- erk PENNY,ITAYLOR HAIRMAN Attest as to signature only., 0 1 6 A 8 AS TO OWNER: DATED: DICCM&:: ' /G, Is'/( g, Witness (Signature) CLAIRE BATCHELDER RIOS VPH ITH NAKKA Name (Print or Type) irAta C; Witness (Signature) `J A,V Fit. t n,'A-t ti Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorne c SKETCH AND DESCRIPTION 1 6 A 8 TEMPORARY CONSTRUCTION EASEMENT PORTION OF TRACT 21,GOLDEN GATE ESTATES UNIT NO.49 COLLIER COUNTY,FLORIDA EXHIBIT - T CANAL Page ofw ig 54 2 — f 1 20 R 17 �� W 1 SITE = 5' 54 ict to i zl 8z 1111 TEMPORARY 7CONSTRUCTION EASEMENT 1 DURATION: 3 YEARS LAND DESCRIPTION: LOCATION SKETCH NOT TO SCALE A portion of Tract 21, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 165.00 feet of the North 190.00 feet of the East 150.00 feet of the West 245.00 feet of said Tract 21, Said land lying In Collier County, Florida, and contains 24,750 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2, No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor, 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5, Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O,R.B. = Official Records Book; P,B, = Plot Book; PCS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Woy, SQ,FT.= Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direction. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. //2 Date:?z �.=_ZOII, -- — ( _LA1 -- KEIT M. HE —A—TOW, PLS. PARCEL 102TCE1 Florida Registration No. 5328 TECM - ROW AVIROM & ASSOCIATES, INC. APR 1 2016 NOT VALID WITHOUT SHEETS 1 AND 2 L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES, INC. JOB 1Y: 10024-1C REVISED SKETCH 03/09/16 KSB O0 8•AS300 SURVEYING&MAPPING SCALE: 1'=40' Q. "'T,�' p.4 50&W.2nd AVENUE,SUITE 102 DATE: 01112/2016 5. m SOCA RATON,FLORIDA 33432 BY: KSB TEL.(561)392.2594,FAX{581)394-7125 CHECKED: K.M.C. vnv<v.AV1ROM usxEy.wm ��ABUSHED tY� ©MID AVIROM&ASSOCIATES,INC.88,19hls ntserVed. F.8. — PG. This sketch is the properly o1 AVtROd1 d ASSOCtATES,INC. and should not be reproduced or coped,itnout written pennisston. SHEET: 1 OF 2 1 6 A 8 SKETCH AND DESCRIPTION EXHIBIT TEMPORARY CONSTRUCTION EASEMENT Page of PORTION OF TRACT 21,GOLDEN GATE ESTATES UNIT NO.49 (RB.5,PGS.80-81,C.C.R.) COLLIER COUNTY,FLORIDA 0 40 80 TEMPORARY CONSTRUCTION EASEMENT GRAPHIC SCALE IN FEET DURATION: 3 YEARS I1"=:40' 1 I TRACT 20 I — GOLDEN GATE ESTA TES UNIT NO. 49 ii (P.8. 5, PGS. 80-81, C.C.R.) S.FW M,D. - GOLDEN GATE CANAL SOUTH UNE TRACT 20 (P.S. 5, POS. 80-81, C.C.R.) —- 25' ACCESS ROAD RAY NORTH LINE TRACT 21 (0.R.B. 7184, PG. 1405, C.C.R.) (P.B. 5, PGS. 80-81, C.C.R.) I ------ i�/f/,./ j//// �����/ rte/,/��;%/��i r;--- ��`/.�/, ... , ,T,150' OF///ti////!/// THE,WEST�45 r-1 t� o O1 j/ / / TRAGT,41/// >,// ,/ \ ',/ / ,7/:/// -/1/ / / /////// � �ab ' ti b ° /E/ o A;coHSrnaoTEa / • , toi / ..8 c4 CO vC z Q / (de: , Gs. 8o;er, . )�' - Q4Wcc p // PX / t / / � ,!/ � I S -`/ / a tg OS / � f o• i''').". 41. Z.: 4 c4 /77/ / / ////y/ ' , ://,,,,/ , , //.///// / . /, ///7/,/// /,,,,,,,, ,.. . , /.// /.„ , ... _______----/ ///, / f.„/ / / / /2//2 /. 1 //!J //// , /./ ,.//,, ///, „, _ . I WEST 245' TRACT 21 SFWMD STRUCTURE RAY I (o.R B. 1182, PG, 628, C.C.R.) I : TRACT 21 I GOLDEN GATE ESTATES UNIT NO. 49 PARCEL 102TCE1 (P,B. 5, PGS. 80-81, C.CR) TECM - ROW 1 I I APR 1 2016 I NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 10024-1C REVISED SKETCH 03/09/16 KSB g ASgSCALE: 1' 40' �a�, oc��'.4 SURVEYING&MAPPING , 50 S.W.2nd AVENUE,SUITE 102 DATE: 01112/2018 __ Q "T\ m N BOCA RATON,FLORIDA 33432 BY: KSB TEL(561)392-2594,FAX(561)394-7125 CHECKED: K,M.C. — MM..AVI ROMS URVEY.co m 07ASUSMEO j9� ©201a AVIROM B ASSOCIATES,INC.ai rights reserved. F.B. - PG. - a a sketch o dnofnt"properly eron cedAVIROM Yl edNAno ASSOCIATES,INC, SHEET: 2 OF 2 1 6 A 8 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT PORTION OF TRACT 21,GOLDEN GATE ESTATES UNIT NO.49 (P.B.5,PGS.80-81,C.C.R.) COWER COUNTY,FLORIDA EXHIBIT , CONAL Page_ of z i ! i " d I I is I ( 1 a u ti-1 i t iii ,6 n 1 SITE8 52 1g ! I-tip t 2 i,s . TEMPORARY . , I CONSTRUCTION EASEMENT LAND DESCRIPTION: LOCATION SKETCH DURATION: 3 YEARS NOT TO SCALE A portion of Tract 21, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 140.00 feet of the East 25.00 feet of the West 95.00 feet of said Tract 21. Said land lying in Collier County, Florida, and contains 3,500 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there ore Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way, SQ.FT. = Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. --- i 7/,/ Date: 4,- L4-2Ci. , �.(-} .,:.1' ,4 ----"L__ __ PARCEL102TCE2 'KEITH Mr iEE-A-TOW, P.L.S. TECM - ROW Florida Registration No. 5328 JUL 5 2016 AVIROM & ASSOCIATES, INC. NOT VALID WITHOUT SHEETS 1 AND 2 L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES,INC. JOB It: 10024-1H v,3 ASsots" SURVEYING,&MAPPING SCALE: 1"=30' �� a 50 5.W.2nd AVENUE,SUITE 102 DATE: 06(24/2016 ? m BOLA BATON,FLORIDA 33432 BY: S.R.L. Q y TEL(561)392-2594,FAX(561)390.7125 CHECKED: K.M,C. T1/4 www.AVIROMSURVEY.com '0cISNm 40 02878 AVIROM 6 ASSOCIATES.INC.as VMS reserved. F.B. -- PG. — M s sketch is the property of AV(ROM&ASSOCIATES.INC. and should not he reproducsd or copied without wnden permission. SHEET: 1 OF 2 1 6 A 8 1 SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT EXHIBIT i PORTION OF TRACT 21,GOLDEN GATE ESTATES UNIT NO.49 Page .._:::_of 't (P.B.5,PGS.80-81,C.C.R.) COLLIER COUNTY,FLORIDA 0 30 60 TEMPORARY — ,.,� CONSTRUCTION EASEMENT GRAPHIC SCALE IN FEET I t DURATION: 3 YEARS 1'=30' f { SFWMD STRUCTURE R/W { (O.R.B. 1182, PG. 628, CC.R.) SFWMD PROPERTY VIA ....../----- WARRANTY DEED I (0.R.8. 1184, PG. 1404, C.C.R.) EAST 25' OF THE WEST 95' OF / / A' / /, WEST 95' OF mit-SOUTH ,co' / / / / � THE SOUTH 140' TRACT 21 / TRACT 21 4+ J/ 547Th r"---"Th LAI Q W 0 z { zc CO - i cE t-- cc Z ' U V ci 4.1 Ci / Z Z Ci Z � � C)i Q � ti (3 WNL /, O 0 re 1 co u) ao z o t- o 4u t �. o "" o ti i N� O I-j a i--- �` o o ti `o -4c co Lu �` °,j COi `//^Q v/ U `a v � vi � � W4 { � Zvi a � oo V �w 7 � � wR Lc 3c� 0 L z cD OCp /o Zti. a 44 Cc m t� c) 4 y (.6 1"1Q Q 2 (?. I // C cd �- I 1. om pCc N W z o i ,/ IX I' .� Rir- / 44 o oC, ft- kJ SOUTH UNE TRACT 16 SOUTH UNE TRACT 21 ' L (P.B. 5, PGS. 80-81, C.C.R.)\ 1 f(P.B. 5, PGS. 80-81, C.CR.) S.F.W.M.D. GOLDEN GATE CANAL7--- PARCEL102TCE2 TECM - ROW JUL 5 2016 NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS AVIROM&ASSOCIATES, INC. JOB 10024-1H Mg.ASSoc.. SURVEYING&MAPPING SCALE: 1•=30' 4.9 -,x ' q� 50 S.W.2nd AVENUE,SUITE 102 DATE: 06/24/2016 a T BOCA(RATON,FLORIDA 33432 394-7125 BY: S.R.I TEL(561)392-2594.FAX(561) vnvw.AVIROMSURVEYcom CHECKED: K.M.C. �'�BusrtEo'g0' ®zone AV!ROMSASSOCIATES,INC..as hrs reserved. F B. — PG. This sketch is the properly 0/A V;ROM&ASSOCIATES.INC. SHEET: 2 OF 2 and should not be reprotluced orcosed withotrt..nrteh pearessroh. 16A8 PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 103TCE FOLIO No(s): Portion of 39260800008 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 0,2j44'N day of _Y. , 2017, by and between LAMAR LANGFORD AND LINDA C. LANGFORD, husband and wife, whose mailing address is 5225 Dixie Drive, Naples, FL 34113-7647 (hereinafter collectively 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, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County' easements immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this Easement; 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: 16A8 1. RECITALS - 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. PURCHASE PRICE - Owner shall convey the TCE to County for the sum of: $1,000.00 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 (if applicable) 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 (if applicable), 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. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, 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; (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 16A8 consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - 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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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 16A8 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. (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. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. EFFECTIVE DATE - 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(s), and/or assignees, whenever the context so requires or admits. 10. ENTIRE AGREEMENT - 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 1 6 A 8 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. 11. SEVERABILITY - 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. 12. VENUE - 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: `1 : 1-1 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE" 4•, TY, FLORIDA 1 6BY: /- 1(.461-- 4 D:11 ty Clerk Penny T , Ch man ttest as to Chairman s A9skintat 1 : • DATED: j//r//l Witness (Signature) LAMAR LANGFOF( i4-C�C r ( • t-CA C�. cam, Name (Print or Type) Witness (Signature) 1.4cFreal- SWEET Name (Print or Type) 16 A 8 , , Witness (Signature) LINDA C. LANGFORb� ! L,.Fr C - 14-Cvvilt Name (Print or Type) 4,ca Witness (Signature) Name (Print or Type) Approved as to form and legality: .)c Jennifer A. Belpe o1.-)Y `t Assistant County Attorney ... . 16 A 8 .. . SKETCH AND DESCRIPTION EXHIBIT"A TEMPORARY CONSTRUCTION EASEMENT Page 1 of 2 PORTION OF TRACT 17,GOLDEN GATE ESTATES UNIT NO.49 (P.B.5,PGS.80-81,C.C.R.) COLLIER COUNTY,FLORIDA CAN se gi „ SITE 47 i pp t 23 4i,_ zt 1 11 I TEMPORARY CONSTRUCTION EASEMENT LAND DESCRIPTION: LOCATION SKETCH DURATION: 3 YEARS NOT TO SCALE A portion of Tract 17, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 165.00 feet of the West 25.00 feet of the East 95.00 feet of said Tract 17. Said land lying in Collier County, Florida, and contains 4,125 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It Is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey, 5, Abbreviation Legend: C.C.R. = Collier County Records; LB. = Licensed Business; O.R.B. _ Official. Records Book; P.B. = Plot Book; PGS. = Pages; P,L.S; = Professional Land Surveyor; R/W = Right of Way, SQ.i•=T, = Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direction. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice, set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. i Date:—f=. . _ PARCEL 103TCE KEITH M, —A—TOW, P.L.S. TECM - ROW Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. APR 1 2016 NOT VALID WITHOUT SHEETS 1 AND,2 L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 10024-18 REVISED EASEMENT AREA 03/00/16 Kaa oa,e,nssoo� SURVEYING&MAPPING F 1"=30 50 S W..2nd AVENUE SUITE 102 DATE: 01(1212016 IA SOCA RATON,FLORIDA 33432 BY: KSB .T, 67 TEL(561)392-2594,FAX(561)394.7125 CHECKED: K M,C: www,AVIROMSURVEYcom 'ase o v- ©ma AVIROM a ASSOCIATE$WC w efghto reserved. F.B. — PG. — ms sk kAa Na pro ol VIMOM 3 ASSOCIATES,WC. end Mouldno4bere a 'ecopdmrorad» nImmtla en. SHEET: 1 OF 2 SKETCH AND DESCRIPTION EXHIBIT" .. ... , . J. 6A8 TEMPORARY CONSTRUCTION EASEMENT Page 2 of 2 PORTION OF TRACT 17,GOLDEN GATE ESTATES UNIT NO.49 (P.B.5,PGS.80-81,C.C.R.) COLLIER COUNTY,FLORIDA TEMPORARY 60 CONSTRUCTION EASEMENT - — �� -‘ 1 DURATION: 3 YEARS GRAPHIC SCALE IN FEET 1"r430' I GOLDEN GATE CANAL //://// EAST 95'OF / i ' l —1NE S1N 165 TRACT 17 MST 25' // i THE EAST 95'OF THE SOUTH 165' /j !// TRACT 17 / jr . .4. cs .4. /4// I mIN--) --) —, -- t3 c i 1 Q ^ � d acs j ti / Wk `" (,) � R al N az hew /r '°�^� Ove , W6p z4a. kd Wao ►,,. ' I I� '' 1 ^ •� 6 'Q tico op to. 0 co c) U a Pao 2/ ir/ t vi '`K Z� ' , V / ° t( * `-' ) ... ,z 4 . °- Cd i 0 // i /7 re. - / SOUTH UNE TRACT 17 SOUTH kUNE TRACT 20 (P.B. 5, PCS 80-81, CGR.) 7(P.& 4 PGS 80-81, cC.R) 25'ACCESS ROAD R/W SFWMD STRUCTURE R/W/— (QR.I An PG 629, ac.R.) ' (ORB 1184 118 PG .62$ GGR;) __—`--� I PARCEL 103TCE --- I 1 TECM - ROW APR 12016 NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONSJog#: 10024.1B AV/ROM&ASSOCIATES,INC, REVISED EASEMENT AREA 03/09/15,KS8 p0 6 ASBpci SURVEYING&MAPPING SCALE: 1'=3O 50 S W 2nd AVENUE.SUITE 102 DATE 01/12/2016 4, BOCA RATON,FLORIDA 33432 BY; K88 TEL.(581)392-2694.FAX(581)394-7125 a. www.AVIROMSURVEY.00m CHECKED: K.M.C. �/SHED 0 ©ma AVMROM 0 ASSOCLATES,Ilia 0r*Ns issen o. F.8. — PG. — mb,ketch Is M. of AVIR0M&ASSOCM IES INC. .,,ash«,nnorarrD ZIPZw r,,..0/..k.. SHEET: 2 OF 2 16A8 8 PROJECT: Golden Gate Main Canal Weir No.4 Replacement Project No. 60204 PARCEL No: 104TCE FOLIO N): Portion of 39260980009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 2017, by and between ROBERT E. TIBERIO AND JACQUELYN C. TIBE IO, husband and wife, whose mailing address is 811 10th St. NE, Naples, FL 34120 (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, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"County"). WHEREAS, County has requested that Owner convey to the County a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County's easement immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this Easement; 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. RECITALS - 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. PURCHASE PRICE-Owner shall convey the TCE to County for the sum of: $700.00 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 (if applicable) all landscaping, 6 A 8 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 (if applicable), 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. Notwithstanding the foregoing, County shall ensure that a cluster of three slash pine trees located close to the canal bank in the middle section of the Easement shall be avoided during site clearing and construction of the project. These trees have been marked with yellow tape and are more fully described and depicted in Exhibit "B" attached hereto and made a part hereof. 3. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, 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; (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) Owner's 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. TIME IS OF THE ESSENCE - 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. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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 16A8 8 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. (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. 7. CURATIVE INSTRUMENTS, PROCESSING FEES. TAXES - 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." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 1 6 A 8 9. EFFECTIVE DATE -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(s), and/or assignees, whenever the context so requires or admits. 10. ENTIRE AGREEMENT - 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. 11. SEVERABILITY - 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. 12. VENUE - 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:4A—n ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 0,, BY: i -. Clerk PENNY T OR, CH AN A est as to Chat . signature only., 1 6 A 8 AS TO OWNER: DATED: 3`, - I /itn-±- Sign-tune) ROBERT E.TIB 10 . �r• .Ai ,..; Nam:-Print •r Type) n Wt�gnature) (/GSI L { 0/ Name(Print or Type) 1.41 ,1 ' I 0:4. . .. . t ne'. Signature) J• QU'a YN .. IBERIO' ,44 Name(rint or Type) fitness(Signature) �lroi iC/76 J' 1 Name(Print or Type) Approved as to form and legality: Jennifer A.Belp:.10 0- Assistant County Attorney ,�1 _ 1 6 , 9 • SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THE SOUTH ONE HALF(1/2)OF TRACT 20, GOLDEN GATE ESTATES UNIT NO.49 (P.B.5, PGS.80-81, C.C.R.) COLLIER COUNTY, FLORIDA CANAL I II I 78 Q 19 11 3e IZI W Z IW. H ig 20 W 63 EXHIBIT 21 = Past....L...d_�_ Iml 16 Q 21 1- 52 et ! I °a I I o II I ICP II LAND DESCRIPTION: LOCATION SKETCH NOT TO SCALE A portion of Tract 20, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The East 30.00 feet of the West 100.00 feet of the South one half (1/2) of said Tract 20, less the south 30 feet thereof. Said land lying in Collier County, Florida, containing 4,050 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way; SQ.FT. = Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. TECM - ROW / Date:._?-!6� /-i MAR 0 1 209 ------ KEITH M. CHEE—A—TOW, P.L.S. Florida Registration No. 5328 AVIROM & ASSOCIATES, INC. NOT VALID WITHOUT SHEETS 1 AND 2 L.B. No. 3300 REVISIONS AVIROM &ASSOCIATES, INC. JOB#: 10024-1A.1 REVISED EASEMENT AREA 03/09/16 KSBS ASSOCSURVEYING &MAPPING SCALE: 1"=30' - REVISED EASEMENT AREA 01/27/2016 S.R.L. QOM 11;1* �9A 50 S.W 2nd AVENUE,SUITE 102 DATE: 01/12/2016 $ A m BOCA RATON,FLORIDA 33432 BY: KSB REVISED LEGAL 02/16/2017 G " TEL.(561)392-2594,FAX(561)394-7125 www.AVIROMSURVEY.com CHECKED: K.M.C. -- 6Sr;fausHEO '4u ©2016 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. - PG. — This sketch is the property of AVIROM&ASSOCIATES,INC. SHEET: 1 OF 2 and should lot be reproduced or copied without written permission SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A. I THE SOUTH ONE HALF(1/2)TRACT 20, GOLDEN GATE ESTATES UNIT NO.49 (P.B.5, PGS.80-81,C.C.R.) COLLIER COUNTY, FLORIDA LEGEND 0 30 60 4, j/ TEMPORARSEMENTTRUCTION HIBI T GRAPHIC SCALE IN FEET EXJ/// tel2= 1"=30' i'EI. IP8ysi....at Z S. M.D.F.W. GOLDEN GATECANAL WEST 100' OF7 . _ I- THE SOUTH 1/2 TRACT 2 EAST 30' OF 7HE REST 100' OF THE SOUTH 1/2 TRACT 20 LLI rnr.:Th Wci y Z Q O / -� Fk-� cc Z W O ti zce LIc I-- C..) U LW (.5 at (-' oN / Li SLS WU o " Q --- 6- \ �/ � � � N. � � Q ^ 20 I � � W � V � ao /�~to ti � � ~ o I-- Is- ' W ic vi cc o �' o ift /W�uW ~�'/ W o l-w Q vj W a 2 a 2 cp CO) ui a- /W��ov1n,'/ 1`4 N �, V +� m � �' / CD o � a W0Lri co' Li Z o � i oo c� o Q ial - "y" F• LESS 7HE SOUTH 30' OF THE EAST 30' OF THE WEST 100' I OF 7HE SOUTH 1/2 SOUTH LINE TRACT 17 SOUTH LINE TRACT 20 OF TRACT 20 (P.B. 5, PGS. 80-81, C.C.R.)—\ /7-7P.B. 5, PGS. 80-81, C.C.R.) L___-` T _ _ SFWMD STRUCTURE R/W I 25' ACCESS ROAD RAV (O.R.B. 1182, PG. 628, C.C.R.) I(O.R.B. 1184, PG. 1405, C.C.R.) \\ 1 1 H NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS AVIROM &ASSOCIATES, INC. JOB#: 10024-1A.1 REVISED EASEMENT AREA 03/09/16 KSBB.AS Sp� SURVEYING & MAPPING SCALE: 1"=30' - REVISED EASEMENT AREA 01/27/2017 S.R.L /iii -Jar '4, 50 S.W.2nd AVENUE,SUITE 102 DATE: 01/12/2016 - REVISED LEGAL 02/16/2017 S.R.L. > A m BOCA RATON,FLORIDA 33432 BY: KSB 61 TEL.(561)392-2594,FAX(561)394-7125 www.AVIROMSURVEY corn CHECKED: K.M.C. - FSTABLISHED 19u- ©2016 AVIRCM B ASSOCIATES.INC.all rights reserved. F.B. - PG. — This sketch is the property of AVIROM&ASSOCIATES.INC. and should not be reproduced or copied without written permission. SHEET: 2 OF 2 EXHIBIT "B" 1 6 A 8 LOCATION OF CLUSTER OF TREES TO REMAIN .,t„ - :1' a R. - a Aei Ili ;.ii g .4111111 „,,, i ,, le , ,..:: ..... , „.....,„,,:77.,„::,.:,. ei-,::.i •,,.7 itt _ . 211164,=% PHOTO OF CLUSTER OF TREES TO REMAIN , i ce' i _ .. k. s 1 A + moi# ., . r ,� 1 6 A 8 PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 104DAME FOLIO N): Portion of 39260980009 EASEMENT AGREEMENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF WEIR AND CANAL RIGHT OF WAY THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ` 0t` day of , 2017, by and between ROBERT E. TIBERIO AND JACQUELYN C. TIBERIO, husband and wife, whose mailing address is 811 10th St. NE, Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, 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, County requires a perpetual, non exclusive Easement for Construction, Operation and Maintenance of Weir and Canal Right of Way 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") for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with 1) constructing, operating and maintaining a stabilized access and maintenance path capable of providing access for vehicles and equipment for maintenance of drainage facilities within the drainage easement immediately adjacent thereto, and 2) canal excavation and realignment, constructing, operating and maintaining a weir and related facilities, and constructing, operating, replacing and maintaining said canal, weir and related facilities within the South Florida Water Management District property and County's drainage easement immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and nightly parking of vehicles and equipment, with nightly parking being restricted to periods of construction only; (v) dewatering; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this 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. 1FJ8 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. RECITALS - 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. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $4,300.00 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 funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) 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 irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), 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. CLOSING DOCUMENTS AND CLEAR TITLE - 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 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) Access and Maintenance Easement; (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 1FA8 (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. TIME IS OF THE ESSENCE - 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. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - 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. REPRESENTATIONS AND WARRANTIES - 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 6 A 8 Page 4 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. (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 16A 8 Page 5 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. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County and the South Florida Water Management District 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. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - 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. PRIOR YEAR AD VALOREM TAXES - 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. EFFECTIVE DATE - 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. 12. PUBLIC DISCLOSURE - 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, 1 6 A 8 Page 6 Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. ENTIRE AGREEMENT - 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. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - 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. 16. VENUE - 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: BOARD IF ' `UNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE: • . TY, FLORIDA `)1 Otilfitxi BY: /I' . Clerk PENNY T A y,OR, CH Aar AN Attest as to C •+ signature only. 16A8 Page 7 AS TO OWNER: DAT D: 3-22,- 17 f + 114.. �'�/___ - i ne Sig ature) ROBERT E. TI:ERIO cSebdy (S`feflr s Narrint or Type) (,_,A4 ' /1(14/14 Witnes (Signature) , O?(Of Al tcI1e IS Name (Print or Type) t ./ ' Witneignature) J QUC.el,iY N C.VERIO a„4tur Name ( r'nt or Type) tle ---Atakt-e itn s W (Signature) (arôi . 1t: z LS Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio Assistant County Atto - , i ioAB ISKETCH AND DESCRIPTION PERPETUAL NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT PORTION OF TRACT 20, GOLDEN GATE ESTATES UNIT NO.49 (P.B.5, PGS.80-81,C.C.R.) COLLIER COUNTY, FLORIDA CANAL t i l lt l .8 ij j 19 1 1 .n iwi F- I 1 20 z zg I v F- EXHIBIT Tom...... I1 17 I SITE 50 of . P / i=i UIJ = 1la~DI i6 i 21 C, 52 z I Z 1 P H LAND DESCRIPTION: LOCATION SKETCH NOT TO SCALE A portion of Tract 20, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The South 30.00 feet of the East 30.00 feet of the West 100.00 feet of said Tract 20. Said land lying in Collier County, Florida, containing 900 square feet, more or less. SURVEYOR'S REPORT: 1, Reproductions of this Sketch are not valid without the signature and the original roised seal of a ' Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Officicl Records Book; P.B. = Plot Book; PGS. = Pages; P.L.S. = Professional Land Surveyor, R/W = Right of- Way; `Way; SOFT = Square Feet; S.F,W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true enc correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J--17 Florida Administrative Code, pursuant to Section 472.027. Florida Statutes. TECM - ROW MAR 0 1 2017 —v� �—/. gate: _L— Z 7- `1 O'2 -- --- - KEI H M. HE,—A—TOW, -. .5. Florida Regi ration No. 5328 AVIROM & ASSOCIATES, INC. NOT VALID WITHOUT SHEETS 1 AND 2 L.B. No. 3300 REVISIONS AVIROM &ASSOCIATES, INC. JOB#: 10024-1A.2 REVISED EASEMENT AREA 03/09/16 K58 g ASSpC SURVEYING & MAPPING SCALE: 1"=30' REVISED EASEMENT AREA 01/21/2017 S.R.L. ? lar yA 50 S.W 2nd AVENUE.SUITE 102 DATE: 01/12/2016 Q M my SOCA RATON.FLORIDA 33432 BY: KSB TEL.(561)392-2594,FAX(561)394-7125 CHECKED: K.M.C. www.AVI ROMSURVEY,com _-__ E�rAB<ISHED�9� ®201d AVIROM d ASSOCIATES.INC In rtphts reSer+'M. F.B. — PG. — ., This snetcn is the property of AVIROM d ASSOCIA i ES.INC. 'N and should not be nacroduced or copied without wnden permission SHEET• 1 OF 2 1 6 A 8 t 1 SKETCH AND DESCRIPTION PERPETUAL NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT PORTION OF TRACT 20,GOLDEN GATE ESTATES UNIT NO,49 (P.B.5,PGS.80-81,C.C.R.) ��++►► A' COLLIER COUNTY,FLORIDA LEGEND 30 F;:, /� PERPETUAL NON-EXCLUSIVE W DRAINAGE,ACCESS AND GRAPHIC SCALE IN FEET MAINTENANCE EASEMENT 1"=30' lat. WI 7---- S.F.W.M.D.,M .D. GOLDEN GATE CANAL orr i-.........,-- „„ _ I I I NITr (71 ,1 ,. ,:- '—..-------"Th t I%,...„ ...... ,.......„ Q 2c ~ �• (3 w V yvv . -* mac' � � � ra N � i � ' � � „,,-- t-. � Q ' W ao Z 43 W L, o�, o E-- '--- o i._ I 44 1 a kJ 2 � � � C.,) ti ai Ea H 4 Za Zc`�, fts tri —i Id H 4ZWo �; + w � o v •m o m a cc czi v a k o o; 4 {i Q Qi Z o ! SOUTH 30' OF C,j THE EAST 30' OF THE WEST 100' CD TRACT 20 7 WEST 100' QF TRA 20 0� EAST 30' OF THE WEST 100' OF SOUTH LINE TRACT 17 SOUTH LINE TRACT 20 THE SOUTH 30' (P.B. 5, PCS 80-81, C.C.R.) /7P.B. 5, PCS 80-81, C.C.R.) 1, TRACT 20 __T 1 SFWMD STRUCTURE R/W ---1...1 25' ACCESS ROAD R/W (O.R.B. 1182, SPG. 628, C.C.R.) ((O.R.S. 1184, PG. 1405, C.C.R.) 1 I NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS AVIROM&ASSOCIATES, INC. Joe#: 10024-IA,2 — REVISED EASEMENT AREA 03/09/15 KS8 ps sSCALE: 1”=30' REVISED EASEMENT AREA 01/27/2017 S.R.I. off-- oo, SURVEYING &MAPPING �� ""'�A q� 50 S W.2nd AVENUE SUITE 102 DATE 01/12/2016 $ m BOLA RATON.FLORIDA 33432 BY: KSB TEL.(561)392.2594,FAX(561)394.7125 CHECKED K.M.C. www.AVIROMSURVEY con, CT's ov o A- ©sole AVIROM&ASSOCIATES,INC an tights reserved F.B. — PG. — -..-..-• This sketch is the property of AVIROM&ASSOCIATES.INC _ . SHEET: 2 OF 2 _ and should not be reproduced or copied witnout written permission.