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Parcel 17T PROJECT: Collier Boulevard Water Main Project 70151/70152 PARCEL: 17T FOLIO: 26123000026 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this b ~ day of t)' "-'1 ' 2006 by and between Homes of Islandia Homeowner's Association, Inc., (hereinafter referred to as "Owner"), whose mailing address is 4443 Club Estates Drive, Naples, FL 34112, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a Temporary Construction Easement 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") for temporary construction of utility facilities; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of 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. Owner shall convey the Property via a Temporary Construction Easement to Purchaser for the sum of $4,400.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property 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 Property to Purchaser, including attorney's fees, expert witness fees and costs as provided by Chapter 73, Florida Statutes. 2. Closing shall occur within sixty (60) days of the execution of this Agreement by Purchaser. At closing, Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. 3. Owner agrees to convey the Property for the purpose of constructing utility facilities in the area. The Temporary Construction Easement shall expire upon completion of the construction of the utility facilities in the area or on December 31, 2009, whichever occurs first. Purchaser shall restore the surface of the Property after construction has been completed. 4. 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. 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 Purchaser; 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 conveyed to Purchaser; that the Owner 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 shall indemnify, defend, save and hold harmless the Purchaser against and from, and shall reimburse the Purchaser 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 Purchaser 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. The Purchaser shall pay for all costs of recording the Temporary Construction Easement in the Public Records of Collier County, Florida. 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 Owner. The cost of a title commitment shall be paid by Purchaser. 8. 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 assignees whenever the context so requires or admits. 9. Conveyance of the Property by 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, 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. 10. If the Owner holds the land underlying the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the land underlying the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission of registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this (" day of \=.~~ ,2006. , Date Property acquisition approved by BCC: May 24, 2005 Resolution No.: 2005-200/CWS 2005-03 AS TO PURCHASER: DATED: ? - l Q - co l.., . ~,.- '.... " ~,? . ".. ~ . ., , '" ^ ~I . . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, Clerk '; _,,, I:' ~ .........::. .-- -<: IJc BY: c.:::--"<:- ~::? ,/ Mank Halas, Chairman Attest IS 1t;jIjlttls attubn only. AS TO OWNER: DATED: ?Irorr,)(, BY. (Name,Presi -)~ .'J ~ tt.L Witness (Signature) Name:V~,-t1 free L-, (Print or Type) o l~& iQ ~..:> ,eu. Witness (Signature) Name: C'.. 'O-v..(\~a.. \\'()\~'" (Print or Type) ~~;h y. g<'"~~\""'d 5 (Print Na e) 4443 Club Estates Drive Naples, FL 34112 Approved as to form and legal sufficiency: k 0,2 CL4~1 ~Ellen T. Chadwell Assistant County Attorney EXHIBIT A Page \ of a " 70/ (;"" I r PROJECT 701 ~;J. PARCEL 17. T FOLIO ;z, 6/,,?3c:>ooo;2.fo TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (17.T) LYING IN TRACT "A", THE CLUB ESTATES A SUBDIVISION PER PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA KEY: C.R.-COUNTY ROAD R/W - RIGHT-OF-WAY O.R. - OmCIAL RECORDS BOOKjPAGE P.O.B.-POINT OF BEGINNING P.O. C.-POINT OF COMMENCEMENT NO.-NUMBER DA-DELTA ANGLE R-RADIUS L-LENGTH CB-CHORO BEARING C-CHORD DISTANCE HQ1E; i.THE PARCEL BEARING, DISTANCES, AND AREAS CALCULATED ARE BASED ON A fiELD SURVEY. BASIS OF BEARING:' STATE PLANE COORDINATE SYSTEM, FLA. EAST ZONE, '83/'90. FOLIO NO.: 26123000026 DA-36'52'lO" R-50.00' L-32.17' CB-N17'35'23"W C-31.62' z o : Ft=' }U<(Z >w f-",,,, Uww <(UlUl "'Z<( f-ow U ~ / PROPOSED TEMPORARY CONSTRUCTION EASEMENT z o , F~ :-u<(~ >w f-",,,, Uww <(UlUl "'Z<( f-ow U ~ I f- U <( go DA-36"52'07" R-50.oo' L-32.17' CB-N19'16'50"E C=31.62' b o 8 N Ul . ~ <( . ~'S' f-1II_ uw", <(IIlO I!:::l d w . ~ ~ ~ . ~ 0 b iO 0 l" z Ol 0 0 oi Ul cj W z ::J ~ '" ~ H-- n:z ..w n:'" ow a. I/) ",.. ~w Z 00 wr= I/)u 0::> g,,,, n:1/) a.z o u P.O.B. a. It) m o <0 w . ;j: b l" o o z S UNE THE CLUB ESTATES THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER,COM CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DATE: 03/14/05 SCALE: 1"-20' ;:tEMpt'CONSTRUCllON EASEMENT IN TRACT '~A"i'lHE CLUB ESTATES SEC. 10-50-26 PROJECT No: 030705W.A '----L DARREN TOWNSEND (FOR THE fiRM LB677,3) PROfESSIONAL SURVEYOR AND MAPPER . fLORl~ .t:lCENSE NO. LS IJl476~ THIS ~ DAY Of --DAfL_ , 2005. .:" P.O.C. NOT VAUD WITHOUT DESCRIPTION ON SHEET 2 OF 2 DWG NO:030705WA-ESIof REV: SHEET: 1 OF 2 EXHIBIT A Page d- of rl.. PROJECT 7o{ n -r- )Og;;.. PARCEL 17, r FOLIO 2b/;Uo:>ooRC:. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (17. T) LYING IN TRACT "A", THE CLUB ESTATES A SUBDIVISION PER PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIP110N OF A 10-FooT WIDE TEMPORARY CONSTRUC110N EASEMENT LYING IN TRACT "A" OF THE CLUB ESTATES SUBDIIIISION AS RECORDED IN PLAT BOOK 31, PAGE 78: SEC110N 10, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMMENCE AT INTERSEC110N OF THE SOUTH UNE OF SAID SUBDIIIISION AND THE WESTERLY RIGHT-OF-WAY UNE Of COUNTY ROAD 9S1; THENCE RUN NOO'SO'44"E, A DISTANCE OF 609.S9 fEET ALONG SAID WESTERLY UNE TO THE SOUTH UNE OF SAID TRACT AND THE POINT OF BEGINNING: SAID POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAiliNG A DELTA ANGLE OF 36'S2'10", A RADIUS OF 50.00 fEET, A CHORD BEARING OF N17'3S'23"W AND A CHORD DISTANCE OF 31.62 fEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEfT AND SAID SOUTH UNE A DISTANCE OF 32.17 fEET: THENCE RUN N OO'SO'44"E, A DISTANCE Of 140.00 fEET TO THE NORTH UNE Of SAID TRACT AND THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAiliNG A DELTA ANGLE OF 36'S2'07", A RADIUS Of 50.00 fEET, A " CHORD BEARING OF N19i6'SO"E AND A CHORD DISTANCE OF 31.62 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEfT AND SAID NORTH UNE A DISTANCE OF 32.17 fEET TO SAID WESTERLY RIGHT-OF-WAY UNE: THENCE ALONG SAID WESTERLY UNE SOO'SO'44"W, A DISTANCE Of 200.00 fEET TO THE POINT OF BEGINNING. CONTAINING 1,591 SQUARE fEET OR 0.04 ACRES, MORE OR LESS. / ~~\~~~~ lW1;O~T SKETCH'" SIGNATURE THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY, AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: ' DATE: 03/09/0S SCALE: N/A REV: TEMP, CONSTRUCl1ON EASEMENT IN TRACT " "A",'THE CLUB ESTATES'SEC;1O~50-26 PROJECT No: 03070SW.A DWG NO:030705WA-ESIA SHEET: 2 Of 2