Folio #00209520006 Project: Shady Hollow Boulevard Rain Gauge
Folio No.: 00209520006
REVOCABLE TEMPORARY LICENSE
This Revocable Temporary License ("License") is made this (D 9" day of
'YY) , 2014, by COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailin address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, its successors
and assigns, hereinafter referred to as "Licensor", in favor of the SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, a government entity existing under Chapter 373 Florida Statutes,
with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose
mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, Palm Beach
County, and its successors and assigns, hereinafter referred to as "Licensee".
WITNESSETH:
That for good, adequate and valuable consideration in hand paid by the Licensee to the
Licensor, the adequacy and receipt of which are hereby acknowledged, the Licensor does
hereby grant, bargain, and convey unto the Licensee a License for any and all purposes deemed
by Licensee to be necessary, convenient, or incident to, or in connection with, the construction,
installation, operation, maintenance, repair, rehabilitation and replacement of a rain gauge and
associated telemetry equipment over, across, under, and beneath the lands of Licensor, as
described in Exhibit "A", which is attached hereto and made a part hereof, hereinafter referred to
as the "Rain Gauge and Telemetry Area".
This License is given for any and all purposes deemed by Licensee to be necessary, convenient,
or incident to, or in connection with, access, ingress and egress over, across and through the
Rain Gauge and Telemetry Area, including, but not limited to the right to move and transport
equipment, materials and supplies, in connection with the construction, installation, operation,
maintenance, repair, rehabilitation and replacement of a rain gauge and associated telemetry
equipment and access to the equipment through Licensor's property located on Shady Hollow
Boulevard.
Licensee shall be solely responsible for all maintenance and risk of loss associated with the rain
gauge and associated telemetry equipment.
The Licensee acknowledges Licensee's liability to the extent provided and allowed under
Section 768.28, Florida Statutes. Licensee further agrees that, to the extent provided and
allowed under Section 768.28, Florida Statutes, it shall, at the Licensee's cost, repair any
damage caused to Licensors' property as a result of Licensee's exercise of its rights hereunder.
The Rain Gauge and Telemetry Area shall at no time be obstructed by any object which would in
any manner, interfere with the purposes of this License. Licensee shall have the right, but not the
obligation, to improve the Rain Gauge and Telemetry Area as determined by Licensee in order
to insure the full enjoyment of the rights granted to Licensee herein. Licensor has previously
granted to the Collier County Water-Sewer District a Utility Easement over under, upon and
through portions of the subject property for the purpose of access to and installation of wells and
pipelines, said easement being dated September 25, 2007 and being recorded in the public
records of Collier County in OR Book 4285, Page 1497, et seq. Licensee shall locate and install
its equipment in a manner which will not conflict with the District's use of its easement.
This License shall commence upon recordation of the License in the Public Records of Collier
County, Florida, and shall continue until either Licensor or Licensee delivers at least sixty (60)
days prior written notice to the other party that this License is terminated. In the event the
Licensor requires the Licensee to relocate the rain gauge and associated telemetry equipment,
Licensor shall make reasonable effort to find a suitable replacement location.
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All notices, requests, consents and other communications required or permitted under this
License shall be in writing (including facsimile and e-mail communications) and shall be (as
elected by the person giving such notice) hand delivered by messenger or courier service,
telecommunicated, emailed or mailed (airmail if international) by registered or certified mail
(postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to:
TO LICENSEE:
Len Lindahl, Assistant Executive Director
South Florida Water Management District
(MAILING ADDRESS:) (OFFICE LOCATION:)
P.O.Box 24680 3301 Gun Club Road
West Palm Beach, Florida 33416-4680 West Palm Beach, Florida 33406
TO LICENSOR:
Nick Casalanguida
Office of the County Manager
Collier County Government
3335 Tamiami Trail East
Harmon Turner Bldg., Second Floor
Naples, FL 34112
or to such other address as any party may designate by notice complying with the terms of this
Subparagraph. Each such notice shall be deemed delivered (1) on the date delivered if by
personal delivery; (2) on the date emailed if by email; (3) on the date of transmission with
confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the
return receipt is signed or delivery is refused or the notice is designated by the postal authorities
as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of
overnight mail service.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF Grantor has caused these presents to be executed by its
authorized representative on the day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
st as Chain 4 eputy Clerk DONN FIALA, Chairman
sIgnture
sl.
Approved as to form and legality:
Jennifer A. Belpedi
Assistant County Attorney o A�10
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