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Folio #80708195004 - TCE Agreement INSTR 6049588 OR 5938 PG 1265 PROJECT Standing Oaks RECORDED 4/30/2021 3 59 PM PAGES 5 FOLIO 80708195004 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.'0$0.70 REC$44.00 CONS$10.00 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") is made and entered by and between COLLIER COUNTY, a political subdivision of the State of Florida, ("County") whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 and Standing Oaks, LLC, a Florida limited liability company, ("Developer"), whose mailing address is 6301 Shirley Street. Naples, FL 34109. WHEREAS, the County owns lands described in Exhibit "A" ("Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, the Developer has requested that County grant to Developer a Temporary Construction Easement as described in Exhibit"B" ("Easement"), which is also attached hereto and made part of this Agreement. The purpose of the Easement is to provide Developer with the access and right to enter over, upon, and across the Property to facilitate Developer's installation of a water line and sanitary force main on adjacent right-of-way lands. and WHEREAS. the County desires to convey a 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; and NOW THEREFORE, in consideration of the foregoing, 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. County shall grant Developer an Easement over, upon, and across the Property. The Easement shall expire within the sooner of 10 days from the effective date of this Agreement, or upon Developer's completion of construction on the adjacent right-of-way lands ("Construction Period"). If necessary, the Easement may be extended in writing by mutual agreement between County and Developer. The effective date shall be the date on which the Developer and County have mutually agreed to a construction start date. 2. Developer acknowledges that a portion of the County recreational fields will be closed during the Construction Period and that time is of the essence to complete construction within the Construction Period. Failure to complete construction and remove all equipment and restore County lands within the Easement area prior to expiration of the Construction Period shall, at the County's sole option, result in immediate termination of this Agreement and Easement. 0 3. Developer shall pay all costs for recording the Easement. as well as any other costs associated with the Easement. 4. 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. 5. Developer shall provide the construction superintendent's name and phone number to County staff prior to entering the Property. Developer shall not commence any work or enter the Property until Developer and County agree to a mutually acceptable date to commence construction and enter Property. Developer shall coordinate construction activities with County, and shall provide a list of all contractors that are to enter the Property, and shall only hire or engage contractors that are licensed and insured. Developer shall locate all underground utilities prior to commencement of construction. 6. Prior to completion of construction and within the Construction Period, Developer and/or its designee shall return impacted areas of the Property to preconstruction conditions or better. Developer and/or its designee will repair or replace any hardscape or landscape surface and/or trees and landscaping, and/or fencing which have been removed or damaged with the same or equivalent materials, and to the satisfaction of County. Developer shall compact soils and perform density testing wherever Developer has removed soil or performed earthwork on Property. 7. Developer shall indemnify, defend, save and hold harmless the County against and from, and agrees 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. This provision shall survive Closing. 8. Developer shall be responsible for obtaining, at Developer's sole cost and expense, a commercial general liability policy that shall name County as an additional insured. Commercial general liability limits shall not be less than Five Hundred Thousand Dollars ($500,000.00) per occurrence. Developer shall provide County with a copy of the foregoing policy or with a certificate of insurance prior to the commencement of Work, and shall further provide evidence of renewals of the same prior to the expiration thereof. 9. Should Developer be in default of any terms or conditions of this Agreement, the Easement shall terminate immediately, and Developer or its contractors, guests, and representatives, shall have no right to enter the Property. 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 the Easement has been recorded and the parties have mutually agreed to a construction start date. 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. (signatures on following page) 7 c) IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this =- day of , 2018. Dated Project/Acquisition Approved by BCC:)0-23-(2 Ale oat ttv, ! D AS TO COUNTY: DATED: to IQ 3\), ATTEST: BOARD OF CO NTY COMMISSIONERS CRYSTAL K. KINZEL, INTERIM CLERK COLLIER CO TY, FL IDA 0l/J 1\110kt C BY: AiS Deputy Clerk An Soli , hairma tzs to Chairman's' �`?rutre only. AS TO DEVELOPER: WITNESSES: Witness#1 ( ignature) Standing Oaks, LLC, `"r?Sti 1- a Florida limited liability company Witness1 (Print Name) BY: Name: Witness#2(Signature) Title: Li\- EA N� Witness#2 (Print Name) Approved as to form and legality: Jennif . Belpedio, Assi a County Attorney Z a cv U zm i 0< MM ,z W 4 cc.? y/ CS' i-zz • i K.=".• 0 = Z� u. <a , g D 2� c-,0 z— a20 ' co ZF=- 0. �zzC6<W 1 44 tit I ,-NG70 \ w DvnwrrO w 9 u- >�xtF— ccW Q wd m 'wit' E-- 5; co 14 LL >0 2� Fn =0 00-i CU0Z0< g c7 F- p U u_ pc n W Z)-.�0 0o m $ 3s` P C. L. 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(Wherever used herein the terms"Grantor"and"Grantee"are used for singular or plural.as the context requires,and include all the parties to this instrument and their respective heirs, legal representatives,successors and assigns) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS (610.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT"A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands described in Exhibit ''A", to facilitate Grantee's installation of a water line and sanitary force main on adjacent right-of-way lands to service Grantee's intended Standing Oaks development project. This Easement shall expire and terminate within the sooner of 10 days from the effective date of the Temporary Easement Agreement or upon Developer's completion of construction on the adjacent right-of-way lands. IN WITNESS WHEREOF. the GRANTOR has caused these presents to be executed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, INTERIM CLERK COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk ANDY SOLIS. Chairman Approved as to form and legality: Jennifer A Be►pedio. Assistant County Attorney C �v 0