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Parcel 751 MEMORANDUM DATE: October 4,2004 TO: Ms. Sue Filson, Administrative Assistant FROM: f Margaret J. Kreynus, Acquisition Specialist RE: Easement Agreement Immokalee Road - 66042, Parcel No: 751 WILLOW BEND AT STONEBRIDGE CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation Attached is a copy of a TCE Agreement for $27,180.00, ready for execution by Chairman Donna Fiala. They represent a settlement of the County's offer plus fees. Resolution No. 2002-417, adopted by the Board of County Commissioners on September 24, 2002 (agenda item no. 10-1), authorized the acquisition of easements and/or fee simple parcels required for the construction of the six lane improvements to Immokalee Road (US 41 to 1-75), and further authorized its Chairman to execute various Agreements on behalf of the Board. Most recently, January 27, 2004, the Board adopted Resolution No. 2004-35 (agenda item no. 10-D) authorizing the acquisition of right-of-way by condemnation, if necessary. Please ask Chairman Fiala to execute the attached Agreement on behalf of the Board of County Commissioners, and forward to the Clerk of Minutes and Records for attestation. Thank you. ----." PROJECT: 66042 PARCEL: 751 FOLIO: Ref. 82591000003 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between WILLOW BEND AT STONEBRIDGE CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation, whose mailing address is c/o C. Allen Properties, 3050 North Horseshoe Drive, Naples, FL 34104, (hereinafter 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $25,000.00, 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 expert witness fees and costs as provided for in Chapter 73, Florida Statutes. It is mutually understood that the Property is being acquired under threat of condemnation, and the Owner shall also be entitled to attorney fees in the amount of $1,200.00 payable to Peck and Peck, Trust Account, and for real estate appraisal services in the amount of $980.00 payable to Carroll & Carroll, LLP. 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 Temporary Construction Easement 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 Temporary Construction Easement Agreement 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. Owner is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. 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. 7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (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 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay for all recording fees for the TCE, and for any and all costs and/or fees associated with securing and recording any Subordination(s) of any mortgage(s) recorded against the property, and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. 9. 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 public facilities 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. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. 11. 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. Temporary Construction Easement Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this -.!:f-- day of () (n bU , 2004. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2002-417, Agenda Item No. 10-1, Date 9/24/2002 Condemnation Resolution No. 2004-35, Agenda Item No.1 OD, Date 1/27/2004 AS TO PURCHASER: DATED: ",,~,t;~:f·,~··~_.-':. t '~.i~ /-, ~ A TTEST"r ..;,>"J ".. ~ ::~'.~ (" DWIG'krt:BROC~;'Clårk b :::;"; p ~.~( .: . j \ ";:'., . . . BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FLORID/, BY: ~~ Donn Fiala, Chairman DATED: q-~-oi WITNESSES: WILLOW BEND AT STONEBRIDGE CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation ~7fi~ Name:-.::J-eo.oOE. m. NÂ"Il(~ . (Print or ~ '.) Witness ( ~. nature) ~{ BY: (Signature) ¡3..,.eef, ~.~~ Name: 6t'u.~'e c:; -owm~ (Print or type) Title: Yre5ld~+- (Print Corporate Title) Name: 9«$4-0 :jfJsélJ6æc¡ (Print or Type) cJ Approved as to form and :~u¡~enCYt f------ Heidi F. Ashton Assistant County Attorney Temporary Construction Easement Agreement EXHIBIT Page \ of 17- f; HM HOLE MONTES ENGINEERS, PLANNERS, SURVEYORS 950 Encore Way· Naples. Florida 34110 . Phone: 239.254.2000 . Fax: 239.254.2075 HM PROJECT #2000067 12/04/03 REF. DWG. #B-4474 PARCEL NO. 751 LEGAL DESCRIPTION A PORTION OF TRACT "A" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHEASTERLY CORNER OF TRACT "A" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.17°59'05"W., ALONG THE EAST BOUNDARY LINE OF SAID TRACT "A" OF SOUTHAMPTON UNIT ONE, FOR A DISTANCE OF 5.28 FEET; THENCE RUN S.89°14'16"W., FOR A DISTANCE OF 305.57 FEET TO A POINT ON THE WEST BOUNDARY OF SAID TRACT "A" OF SOUTHAMPTON UNIT ONE; THENCE RUN N.Ol °20'03W., ALONG THE WEST BOUNDARY OF SAID 1RACT "A" OF SOUTHAMPTON UNIT ONE FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89014'16"E., ALONG THE SOUTHERLY RIGHT -OF- WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 307.32 FEET TO THE POINT OF BEGINNING; CONTAINING 1,532.2 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER V ATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF TRACT "A" OF SOUTHAMPTON UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19 AT PAGES 92 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.89014'16''E. HOLE MONTES, INC. CERTIFICATION OF AUTHORiZATION LB #1772 121 , :iI.~1t BY ~u.- _~ " P.S.M. #5628 THOMAS M. Ml]}>'Y '. STATE OF FLORIDA W:\20001.2000067\t.EGALDES84474.tioc Naoles . Fort MVR" . \/pnil'p \J ° rn U'\2000\200a067\TAKE SKETCHES\NE26-SHA-TE.dwg To.b' Madel Dee 04. 2003 - 10>540" Plo"tted by' BenNo.ell " " -a :> :> '" M ¡;j ~ '" DO '" ~ 0--1 ...... ...... 0,", a 0 enD t.o '" ". -0 º Z ---I PARNU STREET or ""'lrTJ rnG) 8rTJ ~z ~ 0 EXHIBIT /4 Pa~ j) of 19.. PUBLlCL Y DEDICATED R-Q-W PER PLAT 60' R-Q- W c Z "lJ r- :> - ---I IT\ o ,¡ :T )Þ 0 ~""1::1 -. Q .. z 0...· Q ¡¡. g.N'2, ~ §:('):g:o o . ,-". 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