Parcel 164TCE
I I
PROJECT: Collier Blvd. Project #68056
PARCEL No(s): 164TCE
FOLIO No(s): 36617480003
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
r~ferred ~ as the "Agreement") is made and entered into on this 3 tui day of
[ nLaJ.t, , 20--1Q, by CHRISTIAN SPILKER and KELLI SPILKER, husband
and wife, whose mailing address is 4035 3rd Avenue, S.W., Naples, Florida 34119,
(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 $1,100.00 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 Project 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: 3- 3 -/0
~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 't-uJ-W. c+
Fred W. Coyle Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED:
<S-c~lo" \ c~-=4 \n <0--,,""(
Witness (Signature) 1
c ~ ____~
CHRISTIAN SPILKER
Name (Print or Type)
AS TO OWNER:
DATED:
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KELLI SPILKER "
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Wit~:~~ (;~~atur~) f c- (. ~/ '
Witness (Signature) llTfJ
Mhtk k V er
Name (Print or Type)
.
STATE OF \-:~ O'-.\.,.{l,,-
COUNTY OF (\ ~C C~ t '')
The foregoing Temporary Construction Easement Agreement was acknowledged
before me this ~ day of~--r- b )\\ 'C\. \." (-, 20~, by CHRISTIAN
SPILKER, who:
/
,,/ is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
<-= ... \. . c:-~cl. \. .~ /_
~ __-~_~ :J~~_ ~ L...._~ ~:-- ~- .'C""";.. '-.-..(, _ \0.
(Signature of Notary Public) {
., bo. SABINA E. HARDY
: :~ MY COMMISSION' DO 823367
: EXPIRES: 0cI0ber 28. 2010
IlondId ThIu NoIIIy NlIc UncIIIWIlIn
c;,'A [) i 10 A-. E. i--..I-I'-\ )L b '--- J
(Print Name of Notary Public)
Serial/ Commission # (if any): ttJ ~'o. 3"&-7
My Commission Expires: I'D /2 ~/I C'J
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STATE OF
COUNTY OF
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The foregoing Temporary Construction Easement Agreement was acknowledged
before me this \ IllS day of ~ lLH 0O--A~ ,20--1IL, by KELLI SPILKER,
who: /)
/ is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
c=~' c/-:..;H /. .~
7___~'::>?c b.-~ C, - irl t "J.. \. /
(Signature of Notary Public)
~~....., SABINA E. HARDY
~: ~... MY COt.USSlON, DO 823367
,,~ .' EXPIRES: 0cI0ber 28. 2010
~;~" Bonded ThnI NcIIlIyNllc UndIrwl\IIn
C::;;-,""\l? 11\J A- r_. 'H7<\: II.... \)'-.. ]
(Print Name of Notary Public)
Serial/ Commission # (if any): .\) D '6'<;)'i!k7
My Commission Expires: I D /Cf Vi ()
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Approved as to form and
legal sufficiency:
~b~~
Assista County Attorney -
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TEMPORARY
CONSTRUCTION EASEMENT
DURATION ~ YEARS.
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a TRACT 110
~ GOLDEN GATE ESTATES
l UNIT 1
S PLAT BOOK 4, PAGE 73
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT ~
PARCEL 164TCE
1,500 SQ, FT.
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EAST 330' OF TRACT 11 0
FIGUEREDO
OR 3992/3125
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60' WIOE PER PLAT
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Dri = OFFICIAL RECORDS (BOOK/PAGE)
~:::.~~~ PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT
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PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4. PAGE 73
LEGAL DESCRIPTION FOR PARCEL 164TCE
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100' WIDE ._--J
PER PLAT
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A PORTION OF TRACT 110, GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
OF THE EAST 330 FEET OF SAID TRACT 110.
THE WEST 5 FEET OF THE EAST 40 FEET
LESS AND EXCEPT;
THE SOUTH 30 FEET OF SAID TRACT 110
AFOREMENTIONED PLAT),
CONTAINING 1,500 5QUARE FEET, MOR~ OR(T~5PART ~EING AN EXI~:~G ROAOW~~~(.1
- J ~~~~r~ ~cr~~'f~~Ti6~O~~~~;?j~~(t1t;~
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE '" RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SKETCH & DESCRIPTION ONLY L,
NOT A BOUNDARY SURVEY SCALE: 1"=60'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 164TCE
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION SECTION
050106.02.00 0006 10
D'lT^INC~
CONSULTING Civil~
.&. ...., ,.A. .... Survcyin8 &; Mapping
6610 Willow Park Drive. Suite 200
Naples. Aorlda 34109
PIlOn.: (239) 597.0575 FAX; (239) 59Hl578
LB No.: 6962
FILE NAME SHEET
UNl SK164TCE OF 1
SCALE
1" - 80'
, ,
3/g~/D
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 information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines # 1 throu #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact informati . eeded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original document~needi g the BCC Chairman's signature are to be delivered to the BCC 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
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/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 Chairman, 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
Chairman 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 Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman'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 the BCC office within 24 hours of BCC approval. Some documents
are time sensitive and require forwarding to Tallahassee within a certain time frame or the
BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on / - -0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
PLEASE scan under ~5~ in the BMR Real Property Folder, Thank you.
Co-UdJv tUnnf a tuJ J>>vt<J ~ 1-, ~u-,.;;/
,>;'fruJ~ If1--C-~ '1t-rAN~~
--
2.
/
/
3.
~~~~\' 11. LJ~~t~
5 Ian Mitchell, Supervisor, BCC
C'~L~tJT j ~ If d2-r-JECj
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
~
e?
Agenda Item Number
1.
2.
3.
4.
5.
6.
/
/
'50< - 57/~
1013
/
Yes
(Initial)
N/A (Not
A licable)
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MEMORANDUM
Date:
March 4,2010
To:
Joan Smith, Property Acquisition
TECM Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Temporary Construction Easement Agreement
Parcel: #164TCE Collier Boulevard (Project #68056)
Attached is a copy of the agreement referenced above, (Item #10B)
approved by the Board of County Commissioners December 2, 2008.
The Minutes and Records Department has held the original Agreement
for the Board's official record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)