Loading...
Parcel 109TCE PROJECT: PARCEL No(s): FOLIO No(s): 68056 109TCE 37930840002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 4 day of 11\)(,;: ,t , 20~, by and between RUBEN GONZALEZ AND LIDIA GONlALEZ, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES, whose mailing address is (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 over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right-of- way immediately adjacent thereto; 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 $600.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 9 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. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. 4. 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. 5. 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. 6. 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. 7. 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 sha!1 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. 8. 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. 9. 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. 10. The term of the TCE shall be 1,095 days (three years), which term shall commence upon the recording of a Notice of Commencement of Temporary Construction Easement in the Public Records of Collier County. In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension. 11. 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 a.dmits. 12. 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.) 13. 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. 14. 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. 15. 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: DATED: . g ,- Lj - ~:<,()\5g , ,,'I\;\:~ ATTEST: ".~., DWIGHT E. BHO~K, Clerk r~~P~~f( J\tte.st..~.~t~'1 51 Ql1aty,@ 0411. BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, F ORIDA AS TO OWNER: DATED: Ui "'2.1(/( f. \ JLL itness (Signature) ) . / I 1\ (,I, 'e (,(:"<.. t{,; 1,,;1 ',' " ~.: Na (Print or Type) dil{~/ RUBEN GONZALEZ ess (Signature) S-~ 111 Ow ~'LL-- Name (Print or Type) w: ~ignature) J -7Yt~M,.rL Name (Print or Type) ./ ~, -LL~ . . '~l. - ("J /Lf:~v . LIDIA GONZAt z}? . ; , STATEOF~tiJk COUNTY OF ,er' The foregoing Temporary Construction before me this '3 I day of ~ V~j is personally known to me Easement Agreement was acknowledged , 2008, by Ruben Gonzalez, who: OR v' produced ~L G 5d<I.J.- 7:1.0' ~7- 4J.'-l-{) identity. as proof of (affix notarial seal) 41!})1f/ltPd.r.f)A/~ (Sign~~tary Public) SON JA bTF,f'ij6 N60l'i (Print Name of Notary Public) J:ID N'l-8% Serial/Commission # (if any): I~:)) ',lOll NOTARY PUBLIC-STATE OF FtORmA .'".."....... Sonja Stephenson ~ W JCommission #DD744846 '..~,,~ Expires: DEC. 27, 2011 BONDED THRU ATLANTIC BONDING co., INC. STATE OF --8(n-i~C\.... COUNTY OF C()\\i~ The foregoing Temporary Construction before me this '2, \ day of 0 .\ ~ _ is personally known to me Easement Agreement was acknowledged , 2008, by Lidia Gonzalez, who: OR .J' produced '1:>L b 5J~ '5.20 '')3. 8l.fS - 0 identity, as proof of (affix notarial seal) J~~ (Sign ure f Notary Public) ,50/l~JA- s/f:PHEN.<-)r!J (Print Name of Notary Public) Serial/Commission # (if any):;:DU 7<t4--g4h My Commission Expires: I l- 27 - 20// . NOTARY PUBLIC-STATE OF FtORmA .,............. Sonja, Stephenson, i W ~CommJSSlOn #DIJ744S,6 '~i Expires: DEC. 27, 2011 softDED mau A1LANTICBO.NDlNG co.j illl.:, . 'l~ Ud~k"'. fiisslstlllt C~J At....., Ell ell T. a......ll i , N ," , o a , G " " . ~ R " 8--+ '" G " e G <n-___ ~ 6 a 660'(P) --+ 1 60' WIDE PER e~, t: ~~ =i II [I I I m "' ---- '0 t i~ " ~ N +". W E Lwo' WIDE j--PER PLAT ~- f ~ S RODRIGUEZ OR 4016/3635 o o + "' a, "' a a ~ -" 8 G m ~ ~ f i;' [, 660'(P) TRACT 11 5 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT--......... PARCEL 109TCE 5'- ~ ~ ~: o SOUTH 150' OF TRACT 115 GONZALEZ OR 4254/4055 . 750 SQ. FT. o o :s '" 2 ~ o ~ iI c o ~ o < 40' 660'(P) TRACT 116 II I o o + N m "' 100' WIDE IPER PLAT - , ", ~ " " f fjRn'(p') I II n o o + ,~ ~) . 2 l 1 , , i OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" "J PROPOSED 5' TEMPORARY CONSTRUCTION KX)j r//~ EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 CONTAINING 7,;0 SQUARE FEET, MORE OR LESS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 150 FEET OF SAID TRACT 115. A PORTION OF TRACT 115, GOLDEN GATE ESTATES, UNIT 25 AS RECORDED IN PLAT BOOK 7, PAGE 15--0F THE PUBLIC RECORDS OF COLLIER COUNT,., FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, rlANGE25.EAST, COLLIER COUi'ITY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. /' ,")" . /' ' ;,...', ,'l";~'/''-';''A '. . ',' , , I .,\:!.{I::.' , ,I: LEGAL DESCRIPTION FOR PARCEL 1 D9TCE SKETCH & DESCR PTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNT Y GOVERNMENT o 40 I 80 160 1 I,' ,~,...11./'" , (Q~~I~J BY'. ."\'<;\' (, ';;'/;{Oii 'MICHAEL A:~'WARD';, PR(JFE;SSIQNAl LAND'SU5VEY01H I FLORIDA REGISTRATION 'bE;.RTIFICATE,'NO;~5)fJ1.' ,d,l ,: SIGNING OAT~;"/"', "~I ~ll~/.t 1,;,(,)t;_y~'1 "-/ NOT VALID WITHOUT THE ORIGINAL' 'SIGNATURE, &' RAISED "E:MfilM~ED: ,sEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER." 0:1''T TA lNC,'i ' '\/\//\ '~~UOD CONSULTING Civil Engineering ...L. "" '4 .a.. Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples,Florlda34109 Phone; ,(239) 597-0575 FAX; (239) 597-0G78 lB No,; 6952 COLLIER BOULEVA.m SKETCH & DESCRPTION Of: PROPOSED TEMPORARY CONSTRUCTION PARCEL l09TCE COLLIER COUNTY, nORIDA JOB NUMBER REVISION SECTION 50106.02.00 0006 15 SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS EASEMENT SCALE 1" 00 50' FILE NAME UN26 SK109TCE SHEET OF 1 7/31 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the excention of the Chairman's silmature, draw a line throu!!h routing lines # 1 through #4, complete the checklist, and fOf'Nard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2, 3. /,,// 4, ./ ,. 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. AJI original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached ,A Phone Number Agenda Item Number Number of Original Documents Attached , L::;,") _ LJ-SYD "-J_/ tx.. '._ :)1 10.3 ') L. Yes (Initial) N/A (Not A licable) INSTRUCTIONS & CHECKLIST 1. Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainuan, 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 Chainuan 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 Chairman and the Clerk to the Board The Chainuan's signature line date has been entered as the date ofBCC approval of the docrnnent or the final neootiated contract date whichever is a licable. "Sign here" tabs are placed ou the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Co un Attorne 's Offic has reviewed the chan es, if a lieable. C , Jl If! in the BMR Real Property Folder. Thank you I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6, MEMORANDUM Date: August 1, 2008 To: Sonja Stephenson Property Acquisition Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Purchase Agreement Project #68056, Parcels #109FEE & #109TCE Enclosed please find one (1) copy of each agreement as referenced above (Agenda Item #10B), as approved by the Board of County Commissioners on Tuesday, November 13, 2007. Should you have any questions, please call me at 252-8411 Thank you. Enclosure