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Parcel 137 PROJECT: 65061 PARCEL: 735 FOLIO: 00204760803 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, an independent special fire control district of the State of Florida, whose mailing address is 4741 Golden Gate Parkway, Naples, FL 34116, (hereinafter referred to as "Owner"), and 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 the "Purchaser"); WHEREAS, the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TCE") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property; 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 shall restore the surface of the easement area to its original condition, upon the completion of the grade-equalizing slope. 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 (said transaction hereinafter referred to as the "Closing") to County at no cost to the County, unless otherwise stated herein. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Both Owner and County agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) 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 pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 1 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of owner's representation under Section 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay for all recording fees for the TCE, and for any and all costs and/or fees associated with securing and recording any Subordination(s) of any mortgage(s) recorded against the property, and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. 9. Owner agrees to grant the TCE for the purpose of maneuvering equipment in order to construct a grade-equalizing slope in the Purchaser's existing right-of-way that is adjacent to the Property. This TCE shall expire on September 30, 2008. In the event that the construction of the grade-equalizing slope has not been completed by September 30, 2008, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30, 2009, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. 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 assignees whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 25" day of -~u~ ' 2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004 2 AS TO PURCHASER: DATED: . '\~. <-t.....;;....... ',¡ I~.'... . .ttlé. ti MWt 1f. ..,.'(~..~};..... ". .:....'....~~;; / at_..--... . . J" ;,:y '" ,....-. - ,.... AS TO OWNER: DATED: ,q.eJ.nU' J£, 2c~- WITNESSES: ~"?~"'~~J~ Witness (Signature) ?s Name: 1Y'I~<=I\ ç: t..~v. 'fY\~u.. \c" \ac ('c:\ (Print or Type)-) LVA~~ Witness (Signature) Name: Su SQt\ Mo fr[J (Print or Type) Approved as to form and legal sufficiency: t1~/Â Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, '1uL w. ~ Fred W. Coyle, Chairman GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, an independent special fire control district of the State of Florida BY~Kt¥~ (Signature) Name: Y úAJt}l Ù í2 - Pe ('-€I''sOAJ (Print or type) Title: h Æ6 C \.\ ¡J 6 ¡::- (Print Corporate Title) 3 0:: d LJ L 186 I I ---------------------------------------------L187--~~ I ~ \-_Ll6..4..___~ \~ LINE TABLE LENGTH 100.09 .334.81 65.06 5.00 334.79 5.00 .3.34.79 - - L189 EXHIBIT A Pig. of / .......... ~ 0 c::: r r '0 --" --" OJ to 0 ()) 0 ...-- ""'-" ...-- LO m LEGAL DESCRIPTION A portion of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 34, Township 48 South, Range 26 East, and being a portion of those lands described in O.R. Book 2987, Pages 3011-3012, of the Official Records of Collier County, Florido, being more particualrly described os follows: LINE L184 L185 U86 L 187 L188 L189 L 190 Commencing at the East 1/4 Corner of Section 34, Township 48 South, Range 26 East; thence N.89'51'33"W. along the South line of the Northeast 1/4 of said Section .34, a distance of 1 00.09 feet to its intersection with the Westerly right-of-way line of County Road 951 (Collier Boulevard); thence N.02' 15'04"W. along said right-of-way line, a distance of .3.34.81 feet to the South line of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section .34; thence N.89'52'03"W., a distance of 65.06 feet to the POINT OF BEGINNING; thence continue N.89'52'0.3"W. along said South line, a distance of 5.00 feet; thence N.02'15'04"W., a distance of 3.34.79 feet to the North line of the North 1/2 of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 34; thence 5.89'52' 43"E. along said North line, a distance of 5.00 feet; thence S.02'15'04"E.; a distance of 3.34.79 feet to the POINT OF BEGINNING. Containing 1673.94 square feet or 0.0384 acres, more or less. NOTES: 'j I I I I I -¡ I I ~ q 0:: ...J « z « u ...-- 10 a> I I LJ 0::: BEARING N89"51 '33"W N02'15'04"W N89"52'03"W N89"52'03"W N02'15'04"W S89'52' 4.3"E S02'15'04"E 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being 5 02'15'04" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. <- DAVID J, H't':" . '. (FOR THE FIRM) FLORIDA lI: NO:· 5634 q r )l-'Ì"-O:.} . , (DATE SIGNED) . NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 o PROJECT NO.: 65061 PARCEL NO. : 735 ...llle'···- AIMn· e--. . ~ ' ~, ~AtrNectI" ~CaIIIIInft WlIon\h; k1c "'*' ' FtJr .... . .... ' !hoIIIbI ' r. -My~Utø "_Fböl,.,. ''''IJH4H1f "", li1HH1f'II'IHIf........_ Sip 23, 2003 - 18:05:02 MlAMUREJX:\SUR\N8015\951Id10D.dw'l COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT NO.: NOD 15-005-000 SHEET NUMBER: 735 Or XXX fiLE NO.: 2L-812