Parcel 220TCE Project: 51029 Golden Gate City Stormwater
Parcel: 220TCE
Folio: 36326040006
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT,AGREEMENT (hereinafter referred
to as the"Agreement") is made and entered into on this day of j brr , 20
by DIVINE SKNS LLC, a Florida limited liability company, whose mailing addre s is 771 98th
Ave N, Naples, FL 34108 (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, c/o 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 and utility 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 Golden
Gate City Stormwater Project 51029 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
AS TO THE COUNTY:
DATED: �Il( ZoZ,-;
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: BY:
, eputy Clerk RICK LoCASTRO, Chairman
Attest as to Chairman's
signature only.
AS TO OWNER: DIVINE SKNS, LLC, a Florida limited
Liability Company
DATED: 2-740 /2123
lam, " ',.--__------ BY: /11e-t
Witness (Signature) SILVIA MORENO, Member
ACk(A'61-6A\ StEVIU0e2
Name (Print or Type)
Witness (Signature)
.)0c,/ -1 06 DI as ofre s
Name (Print or Type)
A roved as to form and legality:
ji,,,,, ,,
DEREK D. PERRY, ESQ. `i
Assistant County Attorney \NN
\r 11\11
Last Revised 11/14/22
CA
EXHIBIT A
Page 1 of 1
TE—ROW _I L NOTES:
L 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO
12/19/22 - BE USED AS ONE.
2 COORDINATES MO HORIZONTAL DATA SHOWN HEREON ARE
220TCE r IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE
NORTH AMERICAN
i LOT 10,BLOCK 227 DATUM OF01983 NAD13)DINATE 2011 ADJ EAST USTMENT.
GOLDEN GOLDEN GATE UNIT 6 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE
, PLAT BOOK 5,PAGE 125 SOUTH UNE OF LOT 10. BLOCK 227, GOLDEN GATE UNIT 6,
WHEREIN SAT) SOUTH UNE BEARS S8T55-43'W.
ti PID: 36326040006 4. PARCEL CONTAINS 452 SQUARE FEET. MORE OR LESS.
' 2628 55TH TER SW 5. P.O.C. = POINT OF COMMENCEMENT
6. P.O.B. = POINT OF BEGINNING
NO0"14'24'W /a SO0"14'24"E 7. ORB = OFFICIAL RECORDS BOOK
4 8. PG s PAGE
$ 4.0' N87"5543"E 113.1' 1 L 4.0' ————- 9. P = PUT
10.DE - DRAINAGE EASEMENT
�# P.O.B. A�r4�41Y so' S87"55'43'W 113.1' `� 11.PUE = PUBLIC UTILITY EASEMENT4• ———- 12.R/W = RIGHT-OF-WAY
A8T55'43T 6.0' -I r—— — 13.SO. FT. = SQUARE FEET
g r 12'DE&POE 14. PIO = PARCEL IDENTIFICATION NUMBER
DESCRIBED PARCEL OF LAND (PER
i
CONTAINS 452 SO.FT.,t Digitally
signed by
b I P.O.C. =,v Mark A.
SOU1M1IEST CORNER OF f1t` ;i Texter
s` ( LOT 10, BLOCK 227, �.e!
GOLDEN GAY UNIT 6 -4-``-'''. Date: 2.16
I (PUT BOOK 5, PAGE 125)
0952:06
i 6'OE&PTA -05'00'
.1_,. k' s LL -(PER PU7J J I NOT A SURVEY
1 I HEREBY cur iirY,TO THE OF WY
r AND BELIEF. THAT THE LEGAL BD SCRIPTIONNAND
OWLEDGE
g 1 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
T(INTQ6XD DISPLAY SGLE: 1'=40') 5J-17.05. FLORIDA ADMINISTRATIVE CODE. PURSUANT
8 TO CHAPTER 472. FLORIDA STATUTES.
* DESCRIPTION
THAT PORTION OF OF LOT 10, BLOCK 227, GOLDEN GATE UNIT 6, PUT BOOK 5, PAGE 125 IN THE PUBUC
RECORDS OF COWER COUNTY. FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH. RANGE 26 EAST. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. IEXIE R(FOR THE FIRM L.B. 642)
COIsIENCIiG AT THE SOUTHWEST CORNER OF SAID LOT 10, THENCE RUN N87'55'43'E ALONG THE SOUTH LINE OF PROFESSIONAL SURVEYOR AND MAPPER
SAID LOT 10 FOR 6.0 FEET; THENCE RUN NO014'24-W FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392
FROM SAID POINT OF BEGINNING THENCE RUN N0014•24"W FOR 4.0 FEET; THENCE RUN N87-55'43'E FOR 113.1 DATE SIGNED:
FEET• THENCE RUN SW14'24-E FOR 4.0 FEET; THENCE RUN 58T55'43'W FOR 113.1 FEET TO THE POINT OF
i BEGI IWNG. NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL
3 PARCEL OF LAND CONTAINS 452 SQUARE FEET. MORE OR LESS. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
i
JOHNSON JOHNSON ENGINEERING.INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
GOLDEN GATE CITY-ALIGNMENT C 21 Y2 ��rasi LOT 10,BLOCK 227,GOLDEN GATE UNIT 6
TEMPORARY CONSTRUCTION EASEMENT J o H N s N P.O.BOX 1550 SECTION 28,TOWNSFNP 49 SOUTH,RANGE 26 EAST
FORT PHONE: (239 334�8'550
CALLER COUNTY,FLORIDA
FOR STORMWATER IMPROVEMENTS FAX:.4y-�l 3661 0A,E 90 n.E ME 8
COLDER COUNTY,FLORIDA ENGINEERING EB •^2&LB.1}612 12/12/2022(2 2M-0001 Y9-46-26 1 1:40 rill
OF 1