Parcel 220TCE
PROJECT: 66066
PARCEL No(s): 99999-220TCE
FOLIO No(s): 00233560100
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this (2- -f1A. day of ,vi ~ ' 2011, by and between DERYA
CORP., a Florida corporation, whose ma ng address IS 13213 County Road 858,
Immokalee, FL 34142 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Easement"), which is attached hereto and made a part
of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
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 is 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 Easement to County, in a form acceptable to County and
at no cost to the County, unless otherwise stated herein. Said conveyance
(Owner's delivery to County of a properly executed easement instrument) is
hereinafter referred to as the "Closing."
3. Both Owner and County 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 County; provided, however, that County shall have the unilateral right to
extend the term of this Agreement. Such right to extend may be exercised by the
County Manager or his designee for an additional term not exceeding ninety (90)
days without further Board action. All additional extensions must be Board
approved. At Closing Owner shall deliver the Closing Documents to County in
a form acceptable to County.
4. County shall pay all recording fees.
5. 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 trustees, and/or assignees,
whenever the context so requires or admits.
6. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
7. 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 COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'-1_ A W. ~
BY: 7"U4L
FRED W. COYLE, Chair an
DATED: 6-~-.;rOll
DERY A CORP., a Florida corporation
Lfu~CA.. PenD..
Witness (Signature)
MaYle lc. P-eno.
Name (Print or Type)
~p~/tJlw6
W tness (Signature)
K IftZrN ~. .5Hr ~LfrCf
Name (Print or Type) /
BY:~~
Usulu Okur, President
Approved as to form and
legal ~iency:
BY:
Jeff
Last Revised: 10/15/10
PROJECT NO. 66066
PROJECT PARCEL NO. 220TCE
FOLIO NO. 00233560100
EXHIBIT "A"
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A parcel of land lying in the Northeast % of Section 17, Township 48 South,
Range 30 East, Collier County, Florida, described as:
A temporary construction easement over, under, upon and across the south
20 feet of the west 324 feet of that property described in the warrant deed
recorded in OR. Book 2877, Page 1449 et seq. of the Public Records of
Collier County, Florida. Duration: 18 months from date of bridge construction.
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DERY A CORPORATION
OR 2877, PG 1449 ET SEQ.
PARCEL 220TCE
(THE SOUTH 20 FEET OF THE WEST 324 FEET)
OIL WELL ROAD
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SKETCH NOT TO SCALE
Collier County Growth Management Division - Transportation Engineering Department
03/25/11414 PM
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 ofthe Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Ian Mitchell line #5 .
Office Initials Date
1.
2.
S"ftd,
3.
4. Jeff E . Wright, Asst. Cty. Atty.
County Attorney
*Please scan under Oil Well Road Over Barron Collier River Canal Bridge Replacement Project
(Transportation Bridge Repair & Replacement Program Project No. 66066) in the BMR. Real Property Folder.
PRIMARY CONTACT INFORMATION
(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 information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
5. Ian Mitchell, BCC Supervisor
Board of County Commissioners
item.)
Name of Primary Staff Robert Bosch, ROW Coordinator, Tpt. Eng. Phone Number 252-5843
Contact
Agenda Date Item was February 23,2010 Agenda Item Number 16Bl (Resolution No.
Approved by the BCC 2010-39.)
Type of Document Agreement Number of Original One
Attached Documents Attached
6. Minutes and Records *
Clerk of Court's Office
Yes
(Initial)
N/A (Not
Applicable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
appropriate.
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 possibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except 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 negotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in 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 BCC' s actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 02/23/2010 (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 licable.
N/A
N/A
2.
3.
4.
5.
6.
fi
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09