Parcel 752
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Memorandum
10 I
TO:
FROM:
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong 0'1f\
Acquisition Specialist
Transportation - Right-of-Way Office
DATE:
June 4, 2004
RE:
Immokalee Road, Project No. 66042
Parcel 752
Transmitted for your further handling is a Temporary Construction Easement Agreement
for acquisition of Parcel 752 required for the Immokalee Road improvements project,
which the Board authorized the Chairman to execute on its behalf on September 24,
2002, Resolution 2002-417 Item 101.
Please have the Chairman execute the attached Temporary Construction Easement
Agreement and forward to the Clerk for attestation. The instrument may then be
returned to this office.
Please do not hesitate to call (213-5874) if you have any questions or if I may be of any
assistance. Thank you.
Thank you.
Attachment
Transportation Right-of- Way Office
_ ~__w··_~·_·
PROJECT: 66042
PARCEL: 752
FOLIO: 25920000042
101
·14
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between THE CENTRE AT
VETERAN'S PARK, LLC, a Florida limited liability company, whose mailing address
is 5455 Jaeger Road, Naples, FL 34109 and VETERANS PARK COMMONS OFFICE
BUILDINGS CONDOMINIUM ASSOCIATION, INC., a not-for-profit Florida
corporation, whose mailing address is 5455 Jaeger Road, Naples, FL 34109
(hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") 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 "Property") to provide room to maneuver equipment in order to
construct utility and sidewalk improvements in the Purchaser's existing right-of-way that
is adjacent to the Property; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
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 . The above recitals are true and correct and are made a part of this Agreement.
2. Owner shall convey the TCE to Purchaser for the sum of $3,000.00, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the TCE conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said TCE to Purchaser, including all attorney's
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
Purchaser shall use its best efforts to restore the existing landscaping, asphalt,
utilities, plantings, light fixtures (if any) and any other items within the TCE area to
their original condition. It is mutually understood that the Property is being
acquired under threat of condemnation.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a TCE
to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the
County Warrant to Owner.
4. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated herein; and the written agreement, including all exhibits attached hereto,
Temporary Construction Easement Agreement
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101
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. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the County, that the
seller has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (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 owner's representation under Section 5. This provision shall survive closing and
is not deemed satisfied by conveyance of title.
7. Purchaser shall pay for all recording fees for the TCE.
8. Owner agrees to grant the TCE for the purpose of maneuvering equipment in
order to construct utility and sidewalk improvements in the Purchaser's existing
right-of-way that is adjacent to the Property. This TCE shall expire on November
1, 2008. In the event that the construction of the utility and sidewalk
improvements has not been completed by November 1, 2008, the Purchaser
reserves the right to record in the Public Records of Collier County a Notice of
Time Extension which shall grant a one (1) year time extension until November 1,
2009, for the completion of said construction. Owner shall be provided with a copy
of the recorded Notice of Time Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
10. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
IN WITNESS WHEREOF, the parties hereto ha¡ve executed this Temporary
Construction Easement Agreement on this t.s'~ day of c/~ , 2004.
Dated ProjecVAcquisition Approved by BCC: September 24, 2002, Item 10-1,
Resolution 2002-417
Temporary Construction Easement Agreement
AS TO PURCHASER:
DATED: {,-L~ DC¡
ATTEST:
DWIGHT E. BROCKJ Clerk
,,' C'i>'jip,
&j: ~.Q::~tfÿn I .t.U
, >' ; ',,'t1~þu!yClerk
Attest a~ ~ ~ha,~:ruÎf;'3\ '. :;~
signature J¥(.ly;: '. 'i.~ ,co.
...... "ec-' ','-'
AS TO OWN-ER: j, ,\v' '.
DATED: 'G;""42~H'c4-'
WITNESSES:
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gnature)
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( rinted Name)
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(Signature)
G¡¿or~~^,J ~.
(Printed Name)
WITNESSES:
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(Printed Name)
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(Signature)
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(Printed Name)
Approved as to form and
l:kiCienCY:
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Ellen T. Chadwell
Assistant County Attorney
10 J
BOARD OF COUNTY COMMISSIONERS
COLLIER C TY, FLORID
BY:
THE CENTRE AT VETERAN'S PARK, LLC,
a Florida limited liability company
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Printed name
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VETERANS PARK COMMONS OFFICE
BUILDINGS CONDOMINIUM ASSOCIATION,
INC., a not-for-profit Florida corporation
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Temporary Construction Easement Agreement
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EXHIBIT ...tL
P~--L 01.2-
101
--~_....._.__.--_..._~._--~'-~,~._.__.~------_._----_._--------
HM
HOLE MONTES
ENGINEERS· PLANNERS SURVEYORS
950 Encore Way· Naples. Florida 34110· Phone: 239.2542000. Fax 239.254.2075
HM PROJECT #2000067
5/04/04
REF. DWG. #B-4472-2A
PARCEL NO. 752
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; THENCE RUN N.89°13'25"E., ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 993.76 l<'"EET TO THE NORTHWEST CORNER OF THE
EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 26; THENCE RUN S.OI °13'05"E., ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE
OF 120.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
RUN S.87°27' 17"E., FOR A DISTANCE OF 58.43 FEET; THENCE RUN S.ül°14'0]"E., FOR A DISTANCE OF 5,01
FEET; THENCE RUN N.8r27' n"w., FOR A DISTANCE OF 58.43 FEET TO A POINT ON THE SAID WEST LINE
OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 26; THENCE RUN N.Ol °13'05"W., ALONG THE WEST LINE OF THE EAST HALF OF nIE
EAST HALF OF HIE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A
DIST ANCE OF 5.01 FEET TO THE POINT OF BEGINNING; CONTAINING 292.2 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N,89013'25"E.
HOLE MONTES, INC.
CERTIFICATION Of' AUTHORIZATION LB #1772
BY ~"""'''' ,~, $b~L
THOMAS M. M P
P.S.M. #5628
ST A TE OF FLORIDA
W:\1000\200006 7\l.EGALDESB44 72.2A.Joc
Naples' Fort Myers' Venice
EXHIBIT ..1.l.-
page.J- of-L-
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