IC Aqua II, LLC TCE INSTR 5288902 OR 5293 PG 1399
RECORDED 7/13/2016 8:08 AM PAGES 3
PROJECT: ICA Aqua II, LLC DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
q COLLIER COUNTY FLORIDA
FOLIO: 27430040008 DOC@.70$0.70 REC$27.00
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this 1Z ' day of
3A y , 2016, by COLLIER COUNTY, a political subdivision of the State
of Florida, its successors and assigns, whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Grantor"), and IC AQUA
II, LLC, a foreign limited liability company, whose mailing address is 434 Fayetteville
Street, Ste. 1730, Raleigh, NC 27601 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or
plural, as the context requires, and include all the parties to this instrument and their
respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee and/or
Grantee's contractors and sub-contractors, a temporary easement, license and privilege
to enter upon the following described lands located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Easement is granted for the express purpose of providing Grantee and/or
Grantee's contractor and sub-contractors temporary access to Grantor's lands
described in Exhibit "A", to facilitate the completion of Commitment 6.15.A of PUD
Ordinance 2005-15, Coconilla RPUD. This Easement shall expire upon completion and
acceptance of the aforementioned improvements.
Entry onto Grantor's lands by Grantee, its affiliates, contractors or
subcontractors, shall constitute acceptance of this Temporary Construction Easement
and such acceptance shall carry with it the Grantee's promise to obtain all the required
permits prior to performing the work described above, and to indemnify and hold
harmless Grantor from and against any and all claims and demands and cause of
action, which may arise as a result of Grantor's performance or activities for which this
TCE is granted, including, but not limited to, all claims and demands and causes of
action, personal injury, death, or damage to property sustained by any person, firm or
corporation, including without limitation the employees, agents, contractors or
subcontractors of Grantee. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond Section 768.28, Florida Statutes. Additionally, Grantee
agrees that it shall, at Grantee's sole cost, repair any damage caused to Grantor's
property as a result of Grantee's work on the subject property.
The rights and interest granted hereunder are conditioned upon the reasonable
exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with
Grantor's and public's use of the Cocohatchee River Park, except for all required
closures previously approved by the County Manager or his designee reasonably
necessary to fulfill the Commitments provided in Section 6.15.A. of Ordinance 2005-15.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
ATTE§-Ag •80 ';'°,, BOARD OF COUNTY COMMISSIONERS
4 c ? OF COLLIER OUNTY, FLORIDA
clerk B
Attest as to=�Chai?jn y Donna iala, Chairman
signature only.'
A•proved"as to form and legality:
Emily R. P=pin
Assistant ounty Attorney
EXHIBIT 'A'
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