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Parcel 721 PROJECT: Collier Blvd., 60001 PARCEL No(s): 721 FOLIO No(s): a portion of 62030900260 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT J1'i'Jeinafter referred to as the "Agreement") is made and entered into on this ~ day of O~u. ,2001-, by and between MARCO ISLAND RADIATION ENTERPRISE, LLC whose mailing address is 2234 Colonial Blvd., Fort Myers, FI 33904-1412 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement for 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 "TCE"); and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE. 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. 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. Owner shall convey the TCE to Purchaser for the sum of $11,200.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the TCE conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said TCE to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the TCE. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said 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 underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless this Easement is acquired under threat of condemnation. 9. Owner agrees to grant the TCE for the purpose of constructing public facilities adjacent to this area. This TCE shall expire on September 30,2010. In the event that the construction of the public facilities has not been completed by September 30, 2010, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30, 2011 for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 10. 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. 11. If the Owner holds the property underlying the TCE 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 every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or 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.) 12. Conveyance of the TCE, or any interest in the property underlying the TCE, 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 Purchaser. 13. 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. 14. 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 PURCHASER: DATEQ:~tQI~n ., A HEST: . . DVIliGHT E. BROCK.:Clerk 2}= "1 , <.' , BOARD OF COUNTY COMMISSIONERS ::LLI~:Jm JA COLETTA, Chairman AS TO OWNER: MARCO ISLAND RADIATION ENTERPRISE, LLC DATED: ID/v/I) 7 ~Ai ~- Witness (~igna ure) ~ ;J LtJf<./at- ie (Pri- to' Type) ~c-M Witness (Signature) f!!tr-tk ayh. ame (Pnnt or Type) BY: ~ ~Id fjo,,~.lh PRINT NAME iUfI?J(f(/~'t ~~ PRINT TI E Approved as to form and legal sufficiency: AL/tu H idi Ashton-Cicko Assistant County Attorney Last Revised: 8/10/07 . Parcel 721 ~ : j :1 I I TRACT 0 !i I " :~~'U i ! i r1 (II O.R. BOOK 3600,-,< r- P 1952-19541;::~ ~ II ~ ~ I I uO [J :;: I 0 II ~'-... I~I I ci~ '" t-.., >_ "? ~ ...Jlt) .".' lD N :t I ~ ~ ~ '=! I io-) " -I I TRACTC ~~ is L'.~W L3" '" C, I I --. -; - -;&L F:P:Ci":- - -tf'_1 I "q,R. BOOK 2980 I I V / P. 3120 I L ]v' I I I I I I TRACT B I I I I I I I I I I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 LINE TABLE LENGTH 9.71 13.22 22.10 31.20 45.26 5.00 45.38 27.18 11.27 o BEARING N89'09' 17"W NOO'50' 8"[ 589'09'22" E N29'59'50" E NOO'51 '26"E S89'08'34"E 500'51 '26"W S29'59'50""W 500" 50' 44" W CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT C12 48.00' 43"38'09" 36.58' , 9.22 C13 48.00' 3"4"58" 19.85 10.07 Rev 2) Revised per CH2MHILL 04/07 Rev 1) Revised bearing direction 03/06 CH2l1HILL 3 06 SKETCH & DESCRIPTION OF PARCEL 721 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 COLLIER COUNTY FLORIDA 1l\SIC lXIDrl llMIH 1M atcEIIlM ll\II fU: GCSOO TIIO DIH IC-41 CHORD 35.88' 19,71' CHORD BRG. S45"9'39"W S78'5 '43"W E., ..,1III1-....&ll.-....IIrlIll~."-......,..,.Fu ...~.1IIt6oirt _....,...- OI'X Mar 14, 2006 - 08:29:39 TOSBORNEIX:\SUR\colller blvd'\CH2MHill\lC_41\NoPles Lokl:t$ Snopping Center.dwg PIlOoIICr NOI N6015-S0U-OOI Legal Description A portion of Tract C and the South 5.00 feet of lhe West 5.00 feet of the east 8,30 feet of Tract 0, Naples Lakes Shopping Center, as recorded in Plat Book 36. pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the southeast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right-ot-way line of Tract R-1 and the westerly right-of-way line of Collier Boulevard and the beginning of 0 curve to the right. of which the radius point lies North 66029'27" West. 0 rodiol distance of 48,00 feet and having a chord bearing of South 45"19'39" West, a chard distance of 35.68 feet; thence southwesterly olong the northerly right-ot-way line ot said Troct R-1 and the ore. through 0 central angle of 43'38'09", 0 distance of 36.56 feel to the POiNT (IF BEGINNING; said point also being the beginning of 0 curve to the right. of which the radius point lies North 22"51' 1 6" West, 0 radial distance of 48.00 feet ond having 0 chord bearing of South 78'59'43" West, 19.71 feet: thence westerly olong the northerly right-of-way line of said Tract R-1 and the arc, through 0 central angle of 2.3'41'58", 0 distance of , 9.85 feet; thence continue along said right-of-way line North 89'09'17" West, a distance of 9.71 feet; thence leaving said line North 00"50'38" East, a distance of 1 3.22 feet; thence South 89'09'22" East, o distance of 22.10 feet; thence North 29'59'50" East, a distance of 31.20 feet: thence North 03'35'37" East, 0 distance of 174.92 feet; thence North 00'51 '26" East, 0 distance of 45.26 feet to the northerly line of the south 5.00 feet of said Tract D: thence South 89"08'34" East along said northerly line, 0 distance of 5.00 feet: thence leoving said line South 00"51'26" West, a distance of 45..38 feet; thence South 0.3'35'37" West, 0 distance of 178.22 feet; thence South 29'59'50" West, 0 distance of 27.18 feet; thence South 00'50'44" West, 0 distance of 11.27 feet to the POINT OF BEGINNING. Containing 1,615 square feet, more or Jess. NOTES: ,. This;s not 0 survey. 2. Basis of bearing ;5 the West line of County Road 951 (C.R. 951) being N 00'50'44" c, Florida Slale Plane Coordinates NAD 83/90, Easl Zono. J. Subject to easements, reservations' and restrictions of record. 4. casements shown hereon ore per plat, unless otherw;se noted. 5, Dimensions ore ;n feet and dedmals thereof. 6. Certincote of outhodzotion LB 43. 7. R/W represenls Right-or-Way, B. P.D.B. represents Point of 8eginn;ng. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Offidal Records. 11. L.B.E. represents Landscape Buffer Easement. 12. V.E. represents UWity Easement. 13. F.P.L.E. represents F1orit;Jo ,,power & Light Easement.,_...~" " . 14. D.E. represents Drp1ddge. ".[osem.,erl t. ,15. S.€:. represents:.;;S"de'r'fcilk~-'Eo.seh1ent. 16. P.U,E. represehls Public '"Utiiity Easemont. 17. L.E. repersertsLcind"c~pe Easement. , .\ "\ ,.1..', ~'.",.' ..\' ..~.~~, ',. ':, L. ~~ '-')C' DAVID J." AT. .S.M" (FOR", THE FIRM) "" ". FLA. CrIC. NO. 5834. ':~). :'~;i ;:'1' I.,> ,'\~",,~;:~~i{;j:;;t~'" NOT VALID WITHOU7>'..TI1f: ,SIGNA'rURE:" AND THE ORIGINAL RAISE:D SEAIi OF,", A F~ORIDA LlCENSE:D SURVEYOR AND MAPPER"'""' . This is NOT a Survey, WII.Mlller, _,"=,~J=-M 1'Jmtn:'~'~'''''''''.~NdMIJ'~bl~ ............... .ur 721 ~ INDEX NOI IC-41 IllVl