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Chateau of Naples Temporary Beach Restoration Easement INSTR 4894685 OR 4968 PG 2932 PROJECT: Beach Restoration 2013 RECORDED 9/25/2013 1:47 PM PAGES 2 FOLIO: The Chateau of Naples, a Condominium DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.70$0.70 REC$18.50 TEMPORARY BEACH RESTORATION EASEMENT THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as "Easement") granted this ZO day of 5crTCM(3e-1 , 2013, by THE CHATEAU OF NAPLES, INC., a Florida non profit corporation, whose mailing address is 187 Forest Lakes Boulevard, Naples, Florida 34105 as Grantor, to COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 2800 N. Horseshoe Drive, Naples, Florida 34104, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the mutual benefits to be derived from the Collier County Beach Restoration Project, and other good and valuable consideration, hereby grants, bargains, and conveys to the Grantee this Temporary Beach Restoration Easement on, over and upon the following described property (hereinafter referred to as "Easement Property"): All of that land which lies on the sandy beach seaward of the vegetation line on the property of the tract or parcel of land lying within the parcel of real property described as Lot 9, and the South 50 feet of Lot 10, Block "5", THE MOORINGS, Unit No. 2, as per map or plat thereof recorded in Plat Book 3, Page 83 and 84, Public Records of Collier County, Florida. This is a non-exclusive Easement with Grantor reserving the right to continued free use of the Easement Property in a manner not inconsistent with the rights granted herein to Grantee, subject to the following terms and conditions: 1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication to or for the general public and this Easement shall be strictly limited to and for the purposes expressed herein. 2. Use. The Easement may be used by Grantee, its contractors, agents, and assigns for the purpose of implementing and maintaining the Collier County Beach Restoration Project and shall include, without limitation, the right to utilize the Easement Property for enlarging and maintaining the beach and shoreline by filling with compatible sand, 4er--plaatin4g..and vAik aC , to move, store and remove equipment and supplies, to erect and remove temporary structures on the Easement Property and to perform any other work necessary and incident to the Collier County Beach Restoration Project, together with the ry right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions or obstacles within the limits of the Easement Property. 3. Access. Grantee shall have the right of ingress and egress over and across the Easement Property as is necessary for the use of any right granted herein. 4. Reasonable Use. The rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the Easement Property. Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. 5. Notice. In the event any damage caused or believed to be caused by Grantee to Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such damage, to notify Grantee in writing, in care of the following individual and address, by certified mail, return receipt requested: Gary McAlpin, PE — Manager Coastal Zone Management Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for any and all such damage. THIS CONVEYANCE ACCEPTED by I HE BOARD OF 4OU:"1T`,'f'OMMISSIONI RS COLLIER r; ()Rijn. PURSUi�' _, . OF RES■. otvl©— Temporary Beach Restoration Easement 2013 Page Two Parcel: The Chateau of Naples 6. Grantor's Obligation. Grantor agrees not to do or commit any acts that would interfere with the rights granted to Grantee under this Easement. 7. Covenants Run With the Land. The covenants, rights, restrictions, reservations and Easement herein set forth are and shall run with the land. 8. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner of and has good and marketable legal title to the Easement Property; that Grantor has the full right, power and authority to grant this Easement to Grantee, and all other rights granted hereunder; and that Grantor agrees that in the event another party attempts to and/or does not set aside this Easement based upon a superior right in the Easement Property, or commit any act which would in any way nullify or interfere with the rights granted hereunder, the Grantor will take all such steps as shall be necessary and appropriate to secure to Grantee the rights and interests secured hereunder. 9. Termination. All rights granted hereunder shall automatically terminate on December 31, O2O without the necessity of any further instrument of record. ry� This is not homestead property IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed this 2-0 'f'Lday of 5 t?-r'T h ex, , 2013. The Chateau of Naples, Inc., a Florida non profit Witne s Si nature) corpora '•- � Name: ��\ By: (Prin or pe) �_�( Print Name: FR� .t�K M. 1l . so Witness (Signature) Title: lY RES r P Name: - (Print or type) STATE OF FLORIDA COUNTY OF COLLIER The foregoin TEMPORARY BEACH RESTORATION EASEMENT was acknowledged before me this 2t day of ptc mbC r , 2013 by Fred I-t t.X SO n , (Name), (Titles gp behalf of The Chateau of Naples, Inc., a Florida non profit corporation who i(personally known to myr who has produced as identification. (affix notarial seal) r. .■ _ . /i r 4.1_(4 /.ignature of Notary Public) Jessica L.Moberg +' eiy�z. nu (Print Name of Notary Public) .�'�' ' � Myco�tMissbNN�E�E023�t4 NOTARY PUBLIC �` so eInteN P Und Serial/Commission #: •, ,•• My Commission Expires: Approved as to form and legality Assistant County Atto ey