Parcel 128
PROJECT:
PARCEL No(s):
FOLIO No(s):
LASIP Project No.: 511012
Brock Center
55150880002
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (t).ereinafter
referred \0 as the "Agreement") is made and entered into on this -?, cJi. day of
NnlJt'l'Y'Pv , 2008, by and between BROCK CENTER, LLC, a Florida Limited
Liability Company, whosemailingaddressis525RidgeDr..Naples.FI 34108
(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 a period of twelve (12) months under
the terms and conditions set forth herein, and Purchaser shall have the right to
extend the term of the TCE for a period of up to six (6) months, upon delivery of
Purchaser's written request and payment of extension fee. Purchaser shall pay to
Owner $73,620.00 for the twelve month TCE, and such payment shall be made
on or before two (2) months from the effective date hereof. Extension of the term
of the TCE beyond the initial twelve (12) month period shall include a TCE
extension fee of $6,750.00 per month for each month requested from the six (6)
month extension period. (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.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within sixty (60) days from the date of execution of this Agreement by
the Purchaser. 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) To the best of Owner's knowledge, 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. 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.
8. The term of the TCE shall be 365 days (one year), which term shall commence
upon the recording of a 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
request an extension of up to six months, upon delivery of written notice to Owner
of such request, and upon payment of extension fee designated in Paragraph 2. In
the event that Purchaser refuses to give up possession of the premises at the end
of the TCE, including any extension period, Owner is entitled to recover from the
Purchaser the amount of $6,750.00 per month, pending removal or eviction,
pursuant to Florida Statutes, Section 83.06, and any further notice or demand for
such holdover payment is waived by Purchaser.
9. 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.
10. 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. )
11. During the term of the TCE, Purchaser shall be able to use the Property for access
and reconstruction of adjacent canal, and for storage of materials and equipment.
Purchaser agrees to keep any stored materials clear of Valley Stream Drive, and
to return the Property at the end of the TCE to essentially the condition and
topography existing at the commencement of the TCE. Purchaser shall require its
contractor to carry two million ($2,000,000) dollars in general liability insurance.
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.
12. 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.
13. 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:}1emk- nl'Z60~
ATT!;.S"t~. ':'r:
DWJGHT ,E. BROOK, Clerk
, '" .' '('>
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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"V<j .,..l...:I'
Isoa;af.."
"gnature on I .
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AS TO OWNER'
DATED: 0
I1fM~
(TITLE)
STATE OF 'f1<lV\.)e---
COUNTY OF ( b ~p ,'-'./'"
The foregoing Temporary ~onstruction Easement Agre1ement
before me this 6~ day of e~....-y--
~c~ <;:"u~ ,as ~M
CENTER, LLC, who:
was
acknowledged
20g;L, by
of BROCK
is personally known to me
OR
(affix notarial seal)
th
d) \,"',~ r \ I ~ as proof of
..,/ produced
identity.
~",
.''''',''0 PAUlF. YOUNG
'. ...~ ' . MY COMMISSION I 00 357485
.~. EXPIRES: December 3, 2008
>tOFf~O~\<:; BondedThru Budget Nolary Services
Serial! Commission # (if any): 'DD 6S'?I./8~
My Commission Expires: '!le7.h....;., ~ /'
Serial! Commission # (if al1Y):~ 3~CJ'l.-("
My Commission Expires: (.k >,"Ho5l
Approved as to form and
legal sufficiency:
orney
"
FOLIO NO. 55150'69.0002.,
TRACT M
LELYOOLFESTATES
TRACT MAP
PB 8, PO 20
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~o/ EXHIBIT /I A \'
p. t of l
Title: PARCEL 128TCE I Date: 06-03-2008
Scale: 1 inch = 80 feet I File: LASIP 128TCE.des
Tract 1: 2.522 Acres: 109866 Sq Feet: Closure =n46,3434e 0,03 Feet: Precision =1/43885: Perimeter = 1334 Feet
001=s41.5831e 300 003=n39,0620w 361.75 005: Lt, R'='170, Are=164.06
002=s48,0129w 341.80 004: IU, R=558.01. .Arc=166.83 Bng=n58.012ge, Chd=163.23
Bng=n59.2736e, Old:166.20
DESCRIPTION OF PARCEL
That portion of Tract M ofLELY GOLF ESTATES, TRACT MAP, as recorded in Plat Book 8, page 20, of the public
records of Collier County, Florida, and more particularly described as follows: Commeuce at the Northeast corner of said
Tract M, LELY GOLF ESTATES, and run South 89032'18" West along the North line of said Tract M, for a distance of
457.44 feet; thence South 28033'33" West 527,00 feet to a point of curvature of a curve concaved to the Northwest; thence
along the Arc of said curve having a radius of 970.00 feet, a central angle of 19027'56", a chord bearing South 38017'31"
West a chord distance of327,96 feet, a distance of 329.54 feet; thence South 48001'29" West 400,00 feet to the Point of
Beginning of the hereinafter described parcel ofland; thence South 41058'31" East 300.00 feet; thence South 48001'29"
West 341.80 feet to a point lying on the Northeasterly right-of-way line ofD.S, #41; thence along the Northeasterly right-
of-way line ofD.S. #41 North 39006'20" West 361.75 feet; thence leaving the said Northeasterly right-of-way line run
166.83 feet along the arc of a curve concaved to the Southeast having a radius of 558,01 feet and subtended by a chord
having a bearing of North 59027'36" East and a chord length of 166.20 feet to the point of reverse curve; thence run
164,06 feet along the arc of a curve concaved to the Northwest having a radius of 470.00 feet and subtended by a chord
having a bearing of North 58001'29" East and a chord length of 163,23 feet to the Point of Beginning,