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Parcel 505TCE Agreement PROJECT: 60245 - Logan Blvd N PARCEL: 99999 - 505TCE FOLIO: 64625000379 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT hereinafter referred to as the "Agreement") is made and entered into on this /7 w-day of 75- U r! , 2022, by and between OLDE CYPRESS MASTER PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is 13831 Vector Avenue, Fort Myers, FL 33907 (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, FL 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a temporary construction easement (hereinafter referred to as "Easement") over, under, upon and across the lands described in Exhibit "A" attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from road right of way improvements and desires to convey the Easement to the County for the stated purposes, 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 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. 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. DOCUMENT DELIVERY - Owner shall deliver the properly executed Easement instrument to County within 30 days of the date of this Agreement. 3. RECORDING FEES - The County shall pay for all costs of recording the Easement instrument in the Public Records of Collier County, Florida. 4. 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. Gp,0 5. TERM OF EASEMENT - The term of this Easement shall commence upon the issuance of County's official Notice to Proceed to its contractor for the construction of the Logan Blvd N Intersection Improvement Project, and shall automatically terminate 1 year therefrom. 6. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 7. ENTIRE AGREEMENT - 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. 8. 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 TO CO ` DATED: rua ATTEST: BOARD OF COUNTY COMMISSIONERS CRYST+f ln: .,' NZEL, Clerk of the COLLIER CO 4 ` .IDA Circuit•C'q t&'Cbrr��troller C() OA° ITT: V A BY. ��r�-ram► Duty G`Idw'gt Willi.m L. McDaniel, Jr Chairman Attest es tothairfies signature only. AS TO OWNER: OLDE CYPRESS MASTER PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation DATED: i By: Signature (Witness 1) Paul R. Shea, President P ' d Name ig re (Witness 2) v\5 Printed Name Approved as to form and legality: Derek D. Perry 511710 Assistant County Attorney Last Revised 6/24/2019 1JT .j 3•• THIS IS NOT A SURVEY * * a ge I . ,Of PARCEL 505TCE SKETCH I A PORTION OF OLOE CYPRESS,UNIT ONE-SECTION 21,TWIN 48S,RNG 26E,COLLIER COUNTY,FLORIDA T - ROW FEB 1 7 2022 TRACT 7 (GOLF COURSE,DRAINAGE EASEMENT) OLOE CYPRESS UNIT ONE PLAT BOOK 32,PAGES 1-11 PARCEL JE r 506FEE pC41 P��p.-" �.). 4000,40". (.9.0!"- or 00 7v IZ I CO Om < PARCEL D �,` 505TCE P.O.B. PARCEL 505FEE TRACT 13 oLDE CYPRESS UNIT ONE PLAT BOOK 32,PAGES 1-11 PARCEL. 504FEE P.O.C. CURVE ARC I,ENGTH RADIUS DELTh AfiGLE_CHORD pE tING CHORp LENGTH Cl 45.62 40.00 65'20 21 N 31 40 20 E 43.18 1JNE,PEARINC DISTAH E L1 N 64'20'31" E 60.66' L2 N 25'39'29" W 60.00' L3 N 64'20'31" E 72.03' LEGEND: L4 S 25'39'29" E 60.00' L5 S 64'20'31" W 72.03' T.C.E. - TEMPORARY CONSTRUCTION EASEMENT P.O.C. - POINT OF COMMENCEMENT P.O.B. - POINT OF BEGINNING I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND..THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD"OF THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER-5J-17.050 THROUGH'052,r:FLORIDA SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER'472027; FLORIDA STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM FLORIDA REGISTRATION No. 6557 G'/;4• ni - FOR COLLIER COUNTY DATE SIGNED: • BOARD OF COUNTY COMMISSIONERS TITLE . //.'7/z 2_ PROJECT:60245 COLLIER COUNTY, FLORIDA PARCEL 505TCE TRANSPORTATION ENGINEERING DIVISION 286S SOUTH ROR91i'SSOS DRIVE "'"1S3'"°M1f6'( )852-6192 DATE I PROJ No. (SHEET 8 of 9 JFlLE: , t!1O EXRISIT ••" THIS IS NOT A SURVEY **" of PARCEL 505TCE DESCRIPTION A PORTION OF OLDE CYPRESS,UNIT ONE-SECTION 21,TWN 48S,RNG 26E,COLLIER COUNTY,FLORIDA DESCRIPTION: COMMENCING AT A POINT OF CURVATURE AND THE NORTHWEST CORNER OF TRACT 13 AND EASTERN ROW OF LOGAN BOULEVARD AND SOUTHERN ROW OF TREELINE DRIVE (60 FT RIGHT OF WAY) OF THE PLAT OF OLDE CYPRESS UNIT ONE, PLAT BOOK 32, PAGE 1-11, COLLIER COUNTY, FLORIDA. THENCE WITH A CURVE TURNING TO THE RIGHT ALONG SAID TREELINE DRIVE WITH AN ARC LENGTH OF 45.62' , WITH A RADIUS OF 40.00' , WITH A DELTA ANGLE 65°20'21", WITH A CHORD BEARING OF N 31°40'20" E, WITH A CHORD LENGTH OF 43.19' ; THENCE CONTINUE ON SAID TREELINE DRIVE N 64°20'31" E A DISTANCE OF 60.66" TO THE POINT OF BEGINNING; THENCE N 25°39'29" W A DISTANCE OF 60.00' ; THENCE N 64°20'31" E A DISTANCE OF 72.03' ; THENCE S 25°39'29" E A DISTANCE OF 60.00' ; THENCE S 64°20'31" W A DISTANCE OF 72.03' ; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 4,321.97 SQUARE FEET, 0.099 ACRES T E BOW FEB 17 2022 I CERTIFY THAT THIS MAP WAS MADE UNDER MY.DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS:SET FATN BY/THE:BOARD OF THIS MAP IS NOT VALID WITHOUT THE PROFESSIONAL LAND SURVEYORS IN CHAPTER 5�1r17.050-7HROSJ(Hf 052, FLORIDA SIGNATURE AND RAISED SEAL OF THE ORIGINALFl.ORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER'472,D27, FLORIDA'STATUTES. LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM FLORIDA REGISTRATION No. 6557 r _. , FOR COWER COUNTY DATE SIGNED: j I BOARD OF COUNTY COMMISSIONERS TITLE PROJECT:60245 COLLIER COUNTY, FLORIDA PARCEL 505TCE TRANSPORTATION ENGINEERING DIVISION 221135 SOUTH H°aOZEGm6 MITE HAMS.NAM&54104(034)542-8192 DATE I PROJ No. (SHEET 9 of 9 (FILE: