Folio #00406680008 - TCE Agreement PROJECT: DAS—Legacy Naples Utility Easement INSTR 5514646 OR 5480 PG 262
FOLIO: T: DA 00406680008 RECORDED 2/22/2018 2:02 PM PAGES 5
DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between COLLIER
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as the
"Owner") whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida
34112 and LEGACY NAPLES, LLC, a Florida limited liability company, (hereinafter
referred to as the "Developer"), whose mailing address is 25101 Chagrin Blvd, Suite 300,
Beachwood, OH 44122.
WHEREAS, the Owner owns the property where the Domestic Animal Services
Division (hereinafter referred to as "DAS") facilities are located; and
WHEREAS, the Developer has requested that Owner grant to Developer a
Temporary Construction Easement for the purpose of access and right to enter over, upon
and across the lands described in Exhibit "A", and to facilitate the installation of
infrastructure on lands described in Exhibit "B", which are both attached hereto and made
a part of this Agreement, (hereinafter collectively referred to as the "Property") and
WHEREAS, the Owner desires to convey the Utility Easement to the Collier County
Water-Sewer District (hereinafter referred to as the "District") for the stated purposes, on
the terms and conditions set forth herein, over, under, upon and across the lands
described in Exhibit "B" (hereinafter referred to as the "Easement"), which is attached
hereto and made a part of this Agreement; and
WHEREAS, the Owner desires to convey the Temporary Construction Easement to
the Developer for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Developer has agreed to the terms and conditions set forth herein,
said terms including that no compensation shall be due and payable for the Property
requested by Developer; and
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. Owner shall grant Developer a Temporary Construction Easement over, upon, and
across the Property, at no cost to the Owner, unless otherwise stated herein.
2. The Developer shall pay for all costs of recording the Temporary Construction
Easement and Utility Easement upon approval of said Agreement. All other costs
associated with this transaction including but not limited to transfer, documentary and
intangible taxes, and recording costs, if any, for any curative instruments shall be borne
and paid by Developer.
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3. Both Owner and Developer agree that time is of the essence in regard to the closing
and therefore, said closing shall occur within sixty (60) days of the execution of the
Agreement by Owner. At closing, Developer shall deliver a Temporary Construction
Easement to Owner in a form acceptable to Owner and Developer shall deliver a check
to cover all recording costs.
4. Conveyance of the Temporary Construction Easement, Utility Easement or any
interest in the Property, to the Developer is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and the written agreement,
including all exhibits attached hereto, shall constitute the entire agreement and
understanding of the parties, and there are no other prior or contemporaneous written or
oral agreements, undertakings, promises, warranties, or covenants not contained herein.
5. Developer is aware of and understands that this Agreement is subject to acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
6. Prior to construction completion, Developer and/or his designee shall return
impacted areas of the DAS site to preconstruction conditions or better. Developer and/or
his designee will replace any trees and landscaping removed or damaged during
construction with the same or equivalent.
7. Developer shall install a temporary six (6') foot tall chain link fencing and gate where
necessary along perimeter of proposed Temporary Construction Easement to access
construction easement area. The temporary fencing will be separate from the current
existing fencing which is essential in containing any horses and/or other livestock.
Temporary fencing and/or gate, to be removed at Developer's expense by Developer.
Final fence location for the permanent Collier County Utility Easement to be installed
along the perimeter.
8. If necessary, Developer shall install a permanent eight (8') foot wide by six (6') foot
tall swing gate along the southwest side of the DAS entrance driveway to allow access to
existing fenced area for DAS and District staff. Final gate location to be coordinated with
DAS staff.
9. Developer shall provide the construction superintendent's name and phone number
to DAS staff prior to construction impacting the DAS site.
10. Developer shall keep the DAS entrance road open 24 hours a day/7 days a week.
During utility installation activities that affects DAS property, Developer shall provide
flagmen at DAS facility to direct traffic into and out of the DAS site. Unobstructed
vehicular access shall be provided to DAS site during hours of construction. An adequate
Maintenance of Traffic plan shall be utilized.
11. The duration of construction on DAS site shall be limited to 14 calendar days.
Developer shall coordinate construction activities with District and DAS staff.
12. Owner agrees to grant the Temporary Construction Easement for the purpose of
facilitating the construction of public facilities on the Easement as described in Exhibit"B".
This Temporary Construction Easement shall expire upon completion of the construction
of the public facilities in the area described above or on December 31, 2018, whichever
occurs first.
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13.This Agreement is governed and construed in accordance with the laws of the State
of Florida,
14, This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context so
requires or admits.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this a:b 2.day of rvvi , 201%.
Dated Pro' Acquisition Approved by BCC. ) 3\4-0 ,LQ -01
AS TO OWNER:
DATED: 1\a3 ),0j8
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E BROCK, Clerk COWER CO FLORIDkodu:Ala,
d^
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BY: Ai
Attest as to Chairmgreputy Clerk A ni D y 50L\ S , Chairman
siqnA pro OS to E rr and legality:
Jennife A. Bet cr stain County Attorney " °
AS TO DEVELOPER:
WITNESSES:
L.,-Witness#1 (Signature)
LEGACY NAPLES, LLC, a Florida
S c v; limited liability company
Wrtness#1 (Print Name)
BY:
Name: ��f,�� 17‘
Veneta. g(Signature) Title: //r/iCI
Witness a2(Print Name)
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