Parcel 142TCE Easement Agmt (Folio #55102840003) 1 66
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PROJECT: 51101 — Lely Manor Branch 11 Canal Improvements
PARCEL(s): 88888 — 142TCE
FO LI O(s): 55102840003
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this l3 day of 1'1'1 ar , 2019, by and between CYNTHIA
L. WHETSELL, whose mailing address is 2'16 Pebble Beach Circle, Naples, FL 34113
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of
the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as
"County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Easement"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the purposes of accessing the Branch 11 Canal to remove
vegetation, reshape the canal bottom and restore and fortify with rip-rap the eroding bank
immediately adjacent thereto, on the terms and conditions set forth herein, said terms
including that no compensation shall be due and payable for the Easement requested by
County.
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
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. RECITALS - 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. CONVEYANCE AND CLOSING DOCUMENTS - Owner shall convey the Easement
to County, in a form acceptable to County and at no cost to the County, unless
otherwise stated herein. Said conveyance (Owner's delivery to County of a properly
executed easement instrument) is hereinafter referred to as the "Closing."
3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full force
and effect until Closing shall occur, until and unless it is terminated for other cause.
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4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees
to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and
delivery of a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property underlying the Easement. County shall have sole
discretion as to what constitutes "reasonable processing fees."
5. EFFECTIVE DATE - 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.
The term of this Temporary Construction Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its contractor for the construction
of the Branch 11 Project No. 51101, and shall automatically terminate one (1) year
therefrom.
6. ENTIRE AGREEMENT - Conveyance of the Easement 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.
7. VENUE - 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 Agreement on the
date first above written.
AS TOC• NTY: 9
DATED: I A
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.=KINZEL,`Clerk of the COLLIER CO - �' ARIDA
Cir uit Court & Comptroller
6?).
BY. - _
BY:
Deputy,Gle , y Wile m L. McDaniel, Jr., Chairman
Attest as to Chairman's. �.
signature only:
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AS TO OWNER:
DATED: S---/3--/
061,414 ,
itness (Signature) Cynt is L. Whetsell
Name " tor Type)
Witness (Signature)
C.Uur trt� —Oa al
Name (Print br Type)
Approved as to form and legality:
Jennifer A. Be •-dio (}� \�C`
Assistant County Attorney S '
Last Revised 12/10/2014
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