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Parcel 88888-184TCE Project: 50238 17th/23rd/Keane Parcel: 88888-184TCE Folio: 45960040000 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this / ' day of , 2Q , by and JOSEPH S. BOGGS and DEBBY A. BOGGS, husband and vide, whose mailing address is 2421 23rd Street SW, Naples, Florida 34117 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner 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, 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. 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. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, 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. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement Project 50238 and shall automatically terminate one year therefrom. 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 trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. [Signature Page to Follow] C40 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 2///! ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA .12e, -----_ C BY: , Li f S BY: Attest to Choi sty Clerk RICK LoCASTRO, Chairman A ` tJQ ER': , . ` DATED: (3 1 3 2 0( cZ. 0 , - :----- , • - /, -L L ,IJ am/ / Witness (Signature) ,JOSEP S. BOGGS i .r"'� ilts)ti G. Gt7a5 Lio Name (Print or Type) _----- _) ' ..A-d\A• --‘ Di • \-- ,-....-, Witness (Signature) DEBBY A. BOGGS kober4 - 130SCk Name (Print or Type) A r ved as to fo and legality: Pin DEREK D. PERRY, ESQ. Assistant County Attorney Last Revised 1/5/23 \` n cQ H\2021\202II21\SKETCHES\21121 SL TRf.dwg 10/I0/2022 2:51:15 PM Plotted by:BenNowell N 0 15 30 TE-ROW 184TCE Exhibit A 1"=30' 12/22/22 1 of I I I I TRACT 1 GOLDEN GATE ESTATES UNIT NO. 195 P.B. 7, PG. 102 ROAD' - ROAD 30.0' EASEMENT H- ROAD - PARCEL NO. 45960040000 IST EASEMENT 90..00 ' BOGGS, J. _ E0 - WEST 60.0' NORTH 30.0' 1 I SOUTH _ _ _ _ L. M 85.0' CV 55.0' DRAINAGE EASEMENT I I I KEANE AVE. (UNRECORDED) LEGAL DESCRIPTION: THE WEST 60.0 FEET OF THE EAST 90.0 FEET OF THE NORTH 30.0 FEET OF THE SOUTH 85.0 FEET OF TRACT 1, GOLDEN GATE ESTATES, UNIT NO. 195, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1,800.00 SQUARE FEET, MORE OR LESS. HOLE MONTES, INC. ��,' CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 °��",111111111/���"' OOPS.M. 414 '`tip r cxo5e Nu1'i6 :5� - 5628 - o ; STATE OF ' n c A G' Digitally signed by Tom Murphy rn FLORIDA,:��by 'T'N"'� Date:2022.12.21 09:35:32-05'00' �'_.ems% �'•,,,,,......••' BY LS5628 '9/Surveyor °,�`0s` THOMAS M. MURPHY STATE OF FLORIDA ''',,,,,,,,,,,,,,,,,,, * NOT A SURVEY * DRAWN BY: DATE: 950 Encore Way ' DRAWING NO. BEN/JNH 10/2022 Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H-2111 SHEET () OF SHEET t Phone: (239) 254-2000 PROJECT NO. 21.121 1 1 g Florida Certificate of KEANE AVE & 23RD FILE NAME S19 49-27 HOLE MONTE Authorization No.1772 21121 SL TR1.dwg 8.