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Parcel 716 PROJECT: PARCEL No(s): FOLIO No(s): 63051 716 a portion of 00202280000 TDRE AGREEMENT THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this -1!:tl- day of M tJvd.. , 20~ by and between BASIL PROPERTIES, INC., a Florida for profit corporation (hereinafter referred to as "Owner"), whose mailing address is 2306 Immokalee Road, Naples, Florida 34110, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County's improvements to Vanderbilt Beach Road will require modifications to Owner's driveway located at 3333 Vanderbilt Beach Road; and WHEREAS, Owner has requested that County remove the existing driveway and construct a new driveway to the west of the existing driveway; and WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TORE") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement) in order to construct the new driveway referenced above; and WHEREAS, Owner desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner desires to be paid by County for the cost to reconstruct Owner's parking lot, internal water management system and landscape buffer, and to relocate Owner's signage; and WHEREAS, Owner acknowledges that the relocation and reconstruction of the driveway by County, and that the reconstruction of the parking lot, the water management system, and the landscape buffer by Owner, as well as relocation of the signage, will eliminate any damages to the remaining real estate and to the business(es) operating thereon. NOW, THEREFORE, in consideration of these premises set forth above, 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 . 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. Temporary Driveway Restoration Easement Agreement Page 2 2. Owner shall convey the TORE to County within 60 days of the date of this Agreement in exchange for payment in the amount of $9,300, (said transaction is hereinafter referred to as the "Closing.") 3. Furthermore, County shall pay to Owner the additional sum of $30,000 which payment Owner acknowledges as full payment and compensation for Owner's costs to reconstruct the parking lot and the water management system, and to install a landscape buffer with an irrigation system, and to relocate the signage in conformance with the Collier County Land Development Code, and which payment includes, but is not limited to, expenses for surveying, engineering and permitting, and for any and all damages of any nature whatsoever resulting to Owner's remaining lands, and business, and for all other damages in connection with conveyance of said TORE to County, including all attorney's fees and expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. The County shall pay for all costs of recording the TORE instrument in the Public Records of Collier County, Florida. 6. 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. 7. The TORE shall commence upon its recording in the Public Records of Collier County, Florida, and shall expire 48 months thereafter. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; 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. This Agreement may only be amended in writing by the parties hereto. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. DATE ACQUISITION APPROVED BY BCC: November 5,2002, (Resolution 2002-463). IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED:~ ATTEST: DWIGHT"E:~~~~·.~I~rk ~ ..' ..ib................. ~"'k .... .. ~~ ~ :.:' '. .' ¡' . '. ", ¿ ! 11... "',;': : ..--:- .: èfjîJ Clerk C?):. ¡' ,'r~~":'. ' . "'.::J.~;, ... ...._ Att.ÍÌ'st {~,.,:::, tTó:·~&~JI.j...'Ìt~. ;.-'" ~ " . ~...~;¡,..."r:.~ ' oa ~ s 19Mtwr+ 00 11.~ ·-;-::·'r·'~' ("" '." .... ,"";",, . ':j.) . . .. . ~. ~\:.~ . 'cJJ¡;~'¡l~' .' f I í J it I .. . I I I \ \' ~ ' . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chåirm n Item # ( D ß Agenda I J - /" .02... Date :;:) Temporary Driveway Restoration Easement Agreement Page 3 AS TO OWNER: WITNESSES: BASIL PROPERTIES, INC., a Florida For-profit corporation -=='eS-===-'? Witness (Signature) Name: ~oßß~( ~ofcH (Print) ~J:wþ-IJ{'f" I~ Wiess (Signature) Name: ::rEtJ~ifë::"L livpE: fuAei.. (Print) By: ----_._-------::-/ - . A LA}] fÎ--F¿rr (Name) y (L1Z.5 J /)b-J-¡ (Title) Approved as to form and legal sufficiency: .'1 f!a-~ ~ -- Ellen T. Chadwell Assistant County Attorney I 0I z ~ o 50' 100' 200' SCALE: ," = 1 00' '<t '<t - eN 1-41 ...Je.:> 1-< ...JQ.. m _ a:::r-. we 01') ZN « >~ o ::¡¡o 000 N Ii Ó w_ ZI') Ow we.:> U)< «Q.. J: . . Q.. '<t P~N I- :;;i~ U ;=0 < 0 g: 41 00 e.:>1- «< ...J...J ....JQ.. 5 EXISTING NORTH ROW LINE UJ () 10 uI U!, ~ 01 I T P.O.C. P.O.B. _ _ _ -1£.6 r- l.J C PARCEL 716 o <:( O~ 0::::0 I 0:::: u- <:(0 WL.() m"- ~C) -12 m~ O::::(/) Wx Ow 2 <:( > REVISED 10/15/03 - REVISED PARCEL SIZE REVISED 09/29/03 PROJECT NO.: 63051 PARCEL NO. : 718 Wil"Mille¡···~- FfMwn . ~ . Eøøio(þ/II . &.neygn . ~ ArrNtlcll . TntllpMa6ion CønIu¥InIt WIIIGv1.Wer, tic. ,.,.,. Fat... */IrwII . It...... . TIIIPI .mJB1II1Ir~ aBØ, ~1bÖI34IJHm' """- ~. FIr ØHO-.S1I5 '!IIIHIr ......_ Sep 30. 2003 - 13:55:02 ULAMUREIX:\SUR\04224\VANDY\IL372-A,dw9 I I -.J L 7 L29 Notes: 1, This is not a survey. 2. Basis of bearing is the North line of Vanderbilt Beach Rood being S 89'55'46" E Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right of Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. LINE TABLE LINE LENGTH BEARING L26 L27 L28 L29 LJO 150,00 63.00 67,00 63.00 67.00 NOD "04 '14"£ NOO"04'14" 589'55'46"£ SOO'04'14"W N89"55'46"W r- ~ EAST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTH 1/2 OF THE SW 1/4 OF THE SW 1/4 \ SECTION 31- TOWNSHIP 48 S-RANGE 26 E DESCRIPTION: Being a part of the East 1/2 of the West 1/2 of the East 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 31, Township 48 South Range 26 East, recorded in O.R. Book 2763, Pages 2329-2332 of the Official Records of Collier County, Florida, being more particularly descripted as follows: Commencing at the Southwest Corner of the East 1/2 of the West 1/2 of the East 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 31 Township 48 South Range 26 East, Collier County, Florida; thence North 00'04'14" East, across the 150,00 teet right-at-way for Vanderbilt Beach Rood, to the POINT OF BEGINNING; thence continue along said line North 00'04'14" Eost 63.00 feet; thence South 89'55'46" East 67.00 feet; thence South 00'04'14" West 63,00 teet to its intersection with the North right-ot-way line of Vanderbilt Beach Road; thence North 89"55'46" West 67.00 feet to the POINT OF BEGINNING. Q .S. ~Q':?ÿ ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLA. LI~ NO. 6065 /tJ4~L?J-- (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 CLIENT: COLLIER COUNTY DEPARTMENT OF TRANSPORTATION TITLE: SKETCH AND DESCRIPTION £:ft\IEWA Y RE'S7QI'IA TION EASEMENT DATE: otI/2003 PROJECT NO.: 04224-000-00o SHEET NUt.ABER: FllE NO.: 1tI OF XX 1L -372A