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Backup Documents 07/12/2016 Item #16D17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 40 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 9- /� Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already comp ete 1 exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Emily R. Pepin, Asst. County Atty. County Attorney ERPw —11121H0 County Attorney Office 2. BCC Office Board of County -S:)F Commissioners Y/3 �\ _\�k, 3. Minutes and Records Clerk of Court's Office I-1 P4112 3,35— Prh PRIMARY CONTACT INFORMATION 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 may need to contact staff for additional or missing information. Name of Primary Staff Toni A. Mott Phone Number 239-252-8780 Contact/ Department Agenda Date Item was July 12,2016 Agenda Item Number 16D17/ Approved by the BCC Type of Document Temporary Construction Easement Number of Original 1 Attached Documents Attached PO number or account 001-122310-649030 RECORDING FORM number if document is ATTACHED to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? TAM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. 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. ?fi 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC as stated above and all changes made TAM during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Memorandum 1 6 0 1 7 TO: Minutes & Records Management V .' FROM: Pni Mott, Real Property Management DATE: July 12, 2016 RE: Aqua II, LLC —Access onto County Property @ Cocohatchee River Park On July 12, 2016, Agenda Item 16D17, the BCC authorized Chairman Fiala to execute the Temporary Construction Easement for IC Aqua II, LLC. Please attest to Commissioner Fiala's signature as Chairman on the Temporary Construction Easement. Once the attestation is complete, a Recording Form is attached to complete the transaction. There is urgency in recording the document as quickly as possible as the contractor would like to start the work this week, but can't be given authorization until the document is recorded. So sorry for the rush. The Recording Form states the original Agreement should be returned to your office. Please call me at x8780 to coordinate meeting at recording. Please contact me if you have any questions. Thank you! 16017 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 (2-t-h day of 1\A\ , 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. 160 17 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. ATTE§ -)3 .0,p, BOARD OF COUNTY COMMISSIONERS ''. .) ...•fi4in. OF COLLIER OUNTY, FLO IDA L'i-Mkl-ct* Clerk y: �ti4 "� ` Attest as t4 �tst�n s Donna iala, Chairman sign t r i.y' A•proverf"as;to form and legality: Emily R. ':pin Assistant ounty Attorney EXHIBIT 'A' -II , it t • 11 -; 1 ‘ 0\000\poi)" Pik. 4 - ' 1111 la Temporan-Construction --- 'lk:.'kk lb. Phalf—Ltat sak ailk IT ,r. ''''Area Indudes Ph.I& II " Phase II (to include Phase I ....: •z —1,-- % ... ! .., ,,,mp ii ..,...4... ks 1 • ",..,. li lowain VI 1 III a . , t 4° : s stil 4 N 4 -.. 1 it ' * , , , •.• ,1 VI— 41 :'N,„., (IWO 00 to -,Ngil• qr.-4t,„ It County Property •_ ' 11111411141 1 t - , . • • 4 .— , 1 T 1 s z i1 i ..........- - Liu 4 „„kli ,ail, — f .. .111. •.............'• I , ,...t. - , t--z:4-lapses r 1.. 0-2 2f t ...._ C