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Parcel 109 Esmt/Agmt PROJECT: PARCEL No: FOLIO No: 68056 109 37930840002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this "I day of ]1>.btII~ ' 2010 by and between RUBEN GONZALEZ AND LIDIA GONZAt ,HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES, whose mailing address is 12915 Collier Blvd., Naples, FL 34116 (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 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 Easement 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, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement 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. 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 6(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 due to any diminution in the value of its property right, 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. The term of the TCE shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of Collier Boulevard No. 68056, and shall automatically terminate 1,095 days therefrom. 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: DATED: ~ ~} 'loID , . ATTI;ST: '. . 0 DWmH.rE, BRQCK,:Clerk :-. ~..... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA itj: .. , . '.'l. "I..... AttHt I' to CIlIt ~1QHturt OIf", BY: MW C+ FRED W. COYLE/ Chalrffian ~y ~ ~LEZ <-- tnes (Signature) ~_V\ll.((O(li ~{'fL ame (Print or Type Approved as to form 8. legal Sufficiency ~i2~ ~ Ass 'tant County Atl(;r;;;;;;--"-" L .------ L- Name (Print or Type) ~6~TN~6it~\~~ ~~} The foregoing Temporary Construction before me this lI. day of ~..\-. is personally known to me ~~J LIDIA GONZALEZ ~ Easement Agreement was acknowledged ,.zee9, by Ruben Gonzalez, who: 2.010 OR l produced Fl'\) I L -4i (~.-)~ It_1Ja.{ul-~J ll..{j as proof of ~y. (affix notarial seal) ?J Nolary Public Slat. of Flortd. 1'-.. . . Yvonne Puente ~ C ,3 My Commitsion ODe39957 'tOpr..rJI' Expires 0211312011 V~iY (Print N me of Notary Public) Serial/ Commission # (if ~~9q5i My Commission Expires: ~l \ Approved as to form & legal Sufficlenc\, S1o)J~- A stant CountY' l-.l,t::r;rn(;'~ STATEO~ COUNTY OF The foregoing Temporary Construction before me this ----1-- day of fi-t,. Easement Agreement was acknowledged , ~, by Lidia Gonzalez, who: 2l:l10 is personally known to me OR x FL nIL G5~4 - 5~-l-3- '645 -0 _as proof of lc&- (Slg at~~e of N~~UbliC) ~~~ot~~~u\t) Serial! Commission # (if anY):blli39iQi- My Commission Expires: ;J, J-L3---611 produced identity. (affix notarial seal) .- - 1tJ Notary Public Stete of Flortda . . Yvonne Puente 'l' ,~My Commlsalon 00639957 :,,!,,,,,, Explres02l1312011 Approved as to form and legal sufficiency: ~0'D LXL Assista ounty Attorney Last Revised; 10/4/09 ~ ~ .~ " o o o . > > " o Ii ~ -----+ U.<J'(P) --+----.--. -+ 60' WIDE PER PLA T ,';' " ,'.; o o " N 1 "I ;{ VI .",,',_,'--' L " l'. I ~ __1_1 I il 'I I 'I o o + ~ m ~ ~ ~ RODRGUEl or~ 401 G/36j'j L100' WIDE I PER PLAT f " o o . ~ ~ " ~ TRACT 115 ---GOLDEN GATE ESTATES--,- 660'ep) UNIT 26 PLAT eOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT-........ PARCEL 109TCE :l'..n- . " W , ~ ~ SOUTH 1 50' OF TRACT GONZALEZ OR 4254/4055 115 " 750 SO. FT o i ~ '" " ~---- ., o ~ ~ " , o < ~ , J ~) ~ <\0' 6W(P) TRACT 11 6 o o + N m ~ r-- laO' WIDE I PER PLAT , .......-:- ~ I II ~ " . o o i1 R ~ t;fi(j'{P: o o + ~ OR OFFKIAL RECORDS (BOOK/PAGE) PROI'OSED 5' TEMf'ORAf,Y CONSTRUCTION EA5EMENT TEMPORARY CONSTRUCTION EASEMENT DURA nON :5 YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE Of- THE PUBUC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 109TCE A PORTION OF TRACT 115, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK l. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUN11", FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THF WEST 5 F FET OF THE EAST 40 FEET OF THE SOUTH 150 CONTAINING 750 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o .1~,,~.,. [lQ L , em ':o~" ffi~' "'/l)J )iiqH(.1 MICHAEL A. W.6.RD. I'lWrESsloNAL LAND SUf\~YOrl FLORIDA REGISTRATiON i;tRTIFICATE NO, 5::.vl SIGNING DATE' NOT VALID WITHOUT THE ORIGINAL SiGNAJURE '" RAISED EM80S'SW SEAL OF A FLORIDA REGISrERED PROFESSIONAL SURVEYOR AND MAPPER SCALE: 1 ~"80' BOARD OF COUNTY COMMISSIONERS COLLIER BOL'LEVARD SKETCH & DESCRIPTION OF': PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 109TCE COLLIER COUNTY, nORlDA JOB NUMBER REVISION SECTION 05010602.00 OJ06 REV#3 15 SCALE 1" ~ 80' DlXT^IN~~ CONSULTING avil~ .&......, ,A.. .... SUIVC)ins&::Mapp/nB 6610 Willow Par~ Orlva, Suile 200 Naples, Florida 34109 Phono: (239)597-0575 FAX:i239)S97-0578 LB No.: 6952 FILE NAME UN26 SK109TCE SHEET 1 Of.- 1 PROJECT: PARCEL: FOLIO: 68056 109 37930840002 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this ~ day of -:tebrua.~, 2010, by RUBEN GONZALEZ AND LIDIA GONZALEZ, HUSBAND AND WI ,AS TENANTS BY THE ENTIRETIES, whose mailing address is 12915 Collier Blvd., Naples, FL 34116 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right-of-way immediately adjacent thereto The term of this Temporary Construction Easement shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of Collier Boulevard Project No. 68056, and shall automatically terminate 1,095 days therefrom Upon the completion of the Temporary Construction Easement, the Grantee shall use its best efforts to restore the surface of the temporary construction easement area to its pre-existing condition. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~.L,4# RUBEN GONZALEZ ..--- essI: , Sa~j\,((U~I~j:1~z- Prim l'IIame: ThIa propefty has been aoq&ftd ....... IlAIet of CCll'ldernr.aon 8nd II J "'" tam~J'11...'" THIS CONVEYANCE AOCb-IIW BY THE BOAAD OF COUNTY ~- -11 ~ I Jlja. COLLER COUNTY. FL~ P~TP.~~ ,,,2 DATm~~ STATE OF\-\~~ COUNTY OF~' ' r The f8regoing Temporary Construction Easement was acknowledged before me this /1\\ day of f~XlUC';J ,';biD, by Ruben Gonzalez, who: is personally known to me OR 1 produced A- l)/tu.(,:,~-t.;t {Ct-4~-t identity. (affix notarial seal) as proof of 1t NOlIIry Public Slllle of Florida . .. Yvonne Puente 'S.' ,Z My Comm_ 00639957 .......' Expilu0211312011 ~ ~~ . r' \ (Print ame of Notary Public) Serial! CO,mmission # (if ~~1(t5i My Commission Expires: . .- By: ~ Ji I LIDIA GONZAL~ ~ ----Wit... . s: I --- \j}n]i( an;i4 ~e 0' Print Name: 4pproveo as 10 form & legal SUrfieH:"I(;" _____._..~R t0J~ ASSlst:"l#-"" ;,~ ,....", , ''''-,' STATE OFr~~~;\; ~~ COUNTY OF \ \ , . The f't\egoing Temporary Construction Easement was acknowledged before me this ~\~ day of'"B'X~'\UG.~ ,2009, by lidia Gonzalez, who: is personally known to me OR X' produced t'1> 'vll 41-GED4~DC~l"')<sqS.C, identity. as proof of (affix notarial seal) .JM ~ Notary Public State of Florida '~.~ Yvonne Puente ~, ,; My CommissMln OD639957 ""'01'''"' Expirea02l13f2011 ....~ ') - (Prin Name of Notary Public) Serial! Com~ission # (if anYfB&~i~S=1 My CommiSSion Expires: .aJ \ Last Revised: 2/01/07 2 ~ o ~ " , ~ " . , . c, ~--+ (itiO'(P) -.i-.-.-.-....--- ..._._.....__.__._.om._; -+ ...~_._._..~.__.._'_._- 60' WIDE PER PLAT j ~-, -t--..-.- I , --,- . ;"""-0 " L 29"-0 0\ ~ 8 " ~. ~ ~ N -i~' 'II ,r-c -l-l I o o + ~ m ~ l";OL)f{C;U[:1.' OR ~cOH)/:';6:i:; II 'I L- 1 00' WIOE 1- PEH PLAT " , c, . '" ~ - , " , , " ~ ~. ~ TRACT 115 - GOLDEN GATE ESTATES--'-- 660'(P) UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ PARCEL 1 D9TCE :.;.'...- o ~ , g 1>: '" ;;:------- , , SOUTH 150' OF TRACT 115 GONZALEZ OR 4254/4055 . 750 SQ. Ff ,7:::~'l ' ", . .,,< //~ '/'l" Cl '>/ '~-./ /" ~/ " '< ~'. 'GJ .'':,(./,'I.//,....J .... "< y => /" /'." 'x 0 / ,,<>~:)> :> "'::J'" /2 ./". . 0,' /' t)' . " 650'(P) >'_,"'1./ '. "<1 > /r" ,i 2c-"-~'O- . I -10'-- ~l , ~ C ~ " . ~ < 3 f,l ~ " o TRACT 11 6 o o + N m ~ 100' ~DE IPER PLAT .....-.- t-~ ~~ :"', . i iJ ': I 11 ']T-- o o + ~ :2 oS;: OR 0' OFFICIAL RECORDS (BOOK/PAGE) PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURA nON :3 YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY OEDICATED TO THE PERPETUAL USE OF [HE PUBUC PER PLAT BOOK 7, PAGE 15 LEGAL DESCRIPTION fOR PARCEL 109TCE A PORTION OF TRACT 11 S, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE I'UBl.IC RECORDS OF COI.LIER CDUNTf, FLORIDA, LYING iN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COlL.fER CDUN IY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. T~t VieS'! S I LET OC THE EAST 40 FEET OF THE SOUTH 150 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOvERNMENT " L \0 ~lD em ':.~" m.:, "'!lJ; )JJq.iI.7 MICHAEL A WARD< f'~{)FfSSION"L LAND SUI\~YO'1 ,^-...".".' FLORIDA RLGISTRAIION ~TIFlCAT( NO, ~JoIj') . SIGNING OATE: NOT VALID WITHOUT THE ORIGINAL S'GNATuRE & RAI5EO EMSOs'Si::D SEAL Of A Fl-ORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER COI\TAiNi~'C 750 SQUAR!:- FEET. MORE OR LESS. SCALE: 1 "..80' BOARD OF COUNTY COMMISSIONERS COLLIER BOCLEVARD SKETCH & DESCRIPTION OF: PIWPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL I09TCE COLLIER COUNTY, }'LORlDA J09 NUMBER REVISION SECTION 05010602,OOOD06 REV#3 15 SCALE I" ~ 80' DlXT^IN"~ CONSUL TINO avil BngiJ:lclcrmg .&....., ,... .... -"- 6610 WiUow ParK Drive, Sul\lt 200 Napls8. Florida 34109 Phone: (239) 597.0575 FAX: (239) 597'057!l LB No.: 6952 FILE NAME UN25 SKI09TCE SHEET 1 Or- 1