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Parcels 6T and 11T PROJECT: COLLIER BOULEVARD WATER MAIN PROJECT 70151/70152 PARCEL: 6T & 11T FOLIO: 61850007328 & 61850007302 PAGE 1 OF 3 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ,,1, day of /JOIItI"Ad€A , 2005 by and between NAPLES HERITAGE GOLF AND COUNTRY CLUB, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Owner"), whose mailing address is 8150 Heritage Club Way, 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, successors and assigns, whose mailing address is 3301 East Tamiami Trail, 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 Six Thousand, Four Hundred and NO/100 Dollars ($6400.00), 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. PROJECT: COLLIER BOULEVARD WATER MAIN PROJECT 70151/70152 PARCEL: 6T & 11 T FOLIO: 61850007328 & 61850007302 PAGE 2 OF 3 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 everj 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. PROJECT: COLLIER BOULEVARD WATER MAIN PROJECT 70151/70152 PARCEL: 6T & 11T FOLIO: 61850007328 & 61850007302 PAGE3oF3 IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this S'n/ day of DELl3M /3/? fL , 2005. Date Property acquisition approved by BCC: September 13, 2005 Resolution No.: 2005-321/CWS 2005-05 AS TO PURCHASER: DATED: 12../'5'/O~ I ( ", . ~ ':". ~)~ ,., \~\~..~.uu.., , \,\\\ "" 0 is''' 1"1, ,...'t,\t.i. /J;'/f,~<, t'.,-.. ~ c Y ). . .' .~ $' ~:. J : ' ~~ ~/~ ~ BOARD OF COUNTY COMrjlSSIONERS ~ OF COLLIER COUNTY, FL~RIDA;:AS , ,~ .... }- ", > THE GOVERNING BODY O~ ~OLUE8. ",:/ " COUNTY AND AS EX-OFFlctO)THE;,;!;'.?'~~ ,,-" GOVERNING BOARD OF THE"COLLlER ,/ "",-:.' COUNTY WATER-SEWER DISTFhcT ,.." ATTEST: DWIGHT E. BROCK, Clerk ,,;..~,-l~~}.~ ~f)1.?o ", ,,:l .~ . ,." .,:. . () " ~""t ;::f....\'I.. ~. W. ~. .~: "",.,.) ~'. ~ . ~~n .0.( . "i? l . 'CI k , ,~-k.'~l.~h. ' ,eRw er Af'fe,t: 'IS '~!...t..... .19na~OnI. AS TO OWNER: BY: ~W. ~ Fred W. Coyle, Chairma ss (Signature) e: ~"ell.t L~ (Jfll'H'T ::;] (Print or Type) ~o..~ It itness (Sign re) ,. Name:~ (Print or Type) I , - - Naples Heritage Golf & Country Club, Inc., a Florida not-for-profit corporation BY:PhI1J~a~ (I G-5> 1~(;etL DATED: \ \\2-5\0:? \ \. Approved as to form and legal sufficiency: ~\1~ Ellen T. Chadwell Assistant County Attorney EXHI8IT~ page-Lof ~ PROJECT PARCEL FOLIO 7DIS-/7- 7 61 5-:2.. ~.T b I s:? S-OC>o 73'..2 ~ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (6. T) LYING IN TRACT RW3, NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE A SUBDIV1SION PER PLAT BOOK 26, PAGE 73 SECTION 10, TOWNSHIP 50 S, RANGE 26 E COLLIER COUN TY, FLORIDA PROPOSED TEMPORARY CONSTRUCTION EASEME~. N88'56'25"E N LINE NAPLES HERITAGE 12,00: & N LINE SECTION 10 P.O.B. L' ~~ OJ o I- o <l: 0::: PROPOSED TEMPORAR Y I- CONSTRUCTION EASEMENT ~~ n 3; ~ W 0::: . ~.I-I.O~ .'It ~~ III '0 o 'O:::oilO b ~I-'It g o (/) z J. --- 12,00' KEY: C.R,-COUNTY ROAD C.C.C.BT.-COLLlER COUNTY CONSERVATION BUFFER EASEMENT F.P,&L,-FLORIDA POWER & LIGHT CO. R/W - RIGHT-OF-WAY O,R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.OC.-POINT OF COMMENCEMENT NO.-NUMBER - 10' CCCBE U1 PER PLAT \ OJ ~ ~\ 0::: 0 ~ W l- t Z OJ '0 0 .- :::J <l: U) 0 g: 10 N 3; .- " to 0::: to Ul 3; FOLIO NO.: 61850007328 DESCRIPTION OF A 12-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT RW3 OF NAPLES HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: BEGIN AT THE INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE ALONG SAID WESTERLY RIGH T -OF - WA Y LINE OF COUNTY ROAD 951 SOO'50'44"W, A DISTANCE OF 49,96 FEET; THENCE RUN S88'56'19"W. A DISTANCE OF 12,00 FEET TO THE WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE NOO'50'44"E, A DISTANCE OF 49,96 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE RUN ALONG SAID NORTH LINE N88'56'25"E, A DISTANCE OF 12.00 FEET TO SAID WESTERLY LINE AND THE POINT OF BEGINNING, CONTAINING 59B SQUARE FEET OR 0.01 ACRES, MORE OR LESS. --~c/-(____ tiQIE; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA, EAST lONE. 'B3/'90, DARREN TOWNSEND (FOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 6476 THIS G.:!~ DAY OF -__Ae.'0_~_______, 2005. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE. FORT MYERS. FLORIDA 33912 PHONE: (239)277-0722 FAX; (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSE/'l. LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DATE: 03/09/05 SCALE: 1.....20. TEMP, CONSTRUCTION EASEMENT TRACT RW3, NAPLES HERITAGE; SEC. 10-50-26 PROJECT No: 030705W.A REV: 4-27-05 DWG NO:030705WA-ESM SHEET: 1 OF 1 EXHIB'T~ Page ~ of d. 70/ f)/ r- PROJECT "'} 01 , :2.. PARCEL / /. T FOLIO t I ?5S-DOb 73~ ~ TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (11. T) LYING IN TRACT RW2, NAPLES HERITAGE GOLF & COUNTRY CLUB PHAS ONE A SUBDIVISION PER PLAT BOOK 26, PAGE 73 SECTION 10, TOWNSHIP 50 S, RANGE 26 E COLLIER COUN TY, FLORIDA Il'l Ol TRACT GC6 0::: U W z :J ~ " 0::: ~ .!.L.l ".t- v 0 o 0 Vl Il'l o ('oJ o z ~ . a ~ o a ui Il'l C\j 0 o III TRACT R NAPLES HERITAGE DRIVE 12.00' P.OB NB9"59'16"W KEY; C.R,-COUNTY ROAD F.P,&L,-FLORIDA POWER & LIGHT CO. R/W - RIGHT-Of-WAY O.R. - OFFICIAL RECORDS BOOK/PAGE P.O.B.-POINT OF BEGINNING P.O.C.-POINT OF COMMENCEMENT NO. -NUMBER w . v .v o Vl o o :z S LINE NAPLES HERITAGE P,O.C, DESCRIPTION OF A 12-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT RW2 OF NAPLES HERITAGE GOLF AND COUNTRY CLUB PHASE ONE AS RECORDED IN PLAT BOOK 26, PAGE 73; SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF SAID SUBDIVISION AND THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951, NOO'SO'44"E, A DISTANCE OF 516.07 fEET TO THE POINT OF BEGINNING; THENCE RUN N89'59'16"W, A DISTANCE OF 12.00 FEET TO THE WEST LINE OF SAID TRACT; THENCE RUN ALONG SAID WEST LINE NOO'50'44"E, A DISTANCE OF 25,00 FEET; THENCE RUN S89'59'16"E, A DISTANCE OF 12,00 FEET TO SAID WEST RIGHT-OF-WAY LINE; THENCE RUN SOO'50'44"W, A DISTANCE OF 2500 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 300 SQUARE FEET OR 0,01 ACRES, MORE OR LESS, IiQJL THE PARCEL BEARING, DISTANCES. AND AREAS CALCULA TED ARE BASED ON A FIELD SURVEY, BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST lONE. '83/'90. THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG@COONER.COM CLIENT: GREELEY ,".NO HAi~SEN, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTIO/oj: DATE: 03/14/05 SCALE: 1"=20' TEMP, COtoJSTRlICTION EASEMENT lRACT RW2, NAPLES HERITAGE; sr.c, 10-50-26 ZL/)I -----C~-~--.~______ DARREN TOWNSEND (FOR THE FIRM LB6773) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA 7,ICENSE NO, LS 6476 THIS 1'J~ DAY OF ---k.1i?1.!.:_______, 2005. PROJECT No: 030705W.A REV: 4-27-05 DWG NO;OJ0705WA-ESM SHEET; 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUl\1ENTS SENT TO THE BOARD OF COUNTY COMJ.\t1ISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Altllch 10 original document. Original documenl.S should be hand delivered to the Board Office. The completed routing slip and original documenl.S an:: to be forwarded to the Board Office only afier the Board has l:1ken action on the item.) ROUTING SLIP Complete routing lines #\ through #4 as appropri:lte for additional signatures. dates. and/or information needed. If the document is aln:::1dy complete with the exc tion of the O18innan's si tun::. draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 2, 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners ./ PRIMARY CONTACT INFORMATION (The primary conl:1ct is the holder of the original document pending BCe approval. Normally the primary conl:1ct is the person who created/prepared the executive summary, Primary conl:1ct infonn:llion is needed in the event one of the addressees above~ including Sue Filson. need to contact staff for additional or missing information. All original documents needing the Bee Chainnan's signature are 10 be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) N/A (Not A licable) Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (AU documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions. etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. ':Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the originlll document ~nd this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require for"arding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicable, rfJ tJl.k- I: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24,05 2. 3. 4. 5. 6.