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Indemnity Agreement INSTR 5466124 OR 5445 PG 2073 THIS INSTRUMENT PREPARED BY RECORDED 11/2/2017 12:44 PM PAGES 7 AND RETURN TO: DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Richard D.Yovanovich,Esq. REC$61.00 INDX$1.00 Coleman,Yovanovich&Koester,P.A. 4001 Tamiami Trail North,Suite 300 - - - - Naples,FL 34103 INDEMNITY AGREEMENT This Indemnity Agreement, dated this day of Q , 2017, is by WCI COMMUNITIES,LLC, a Florida limited liability company,and its successors and/or assigns("WCI"), in favor of Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District("County"). WITNESSETH: WHEREAS,WCI is the fee simple owner of the real property described on Exhibit"A"(the"WCI Property"); WHEREAS, in connection with development of the WCI Property, WCI desires to connect the WCI Property to existing underground water and sewer utility facilities("Utility Facilities")located under the real property described and depicted on Exhibit"B-1"and Exhibit"B-2"(the"Wilshire Property"); WHEREAS, the Wilshire Lakes Master Association, Inc., a Florida not for profit corporation ("Association"), is the fee simple owner of the Wilshire Property; WHEREAS,the Wilshire Property is part of a larger development known as Wilshire Lakes,Phase Two, originally developed by John H. Brugger, individually and as trustee, and pursuant to the plat thereof recorded in Plat Book 27, Page 24 on August 26, 1996, the Utility Facilities were to be dedicated to the Collier County Water-Sewer District; however, the Utility Facilities were not properly conveyed to the County; WHEREAS, clear title to the Utility Facilities is inconclusive; WHEREAS, simultaneously herewith, the Association and John H. Brugger, individually and as trustee, have executed and delivered quit claim deeds conveying each's interest, if any, in the Utility Facilities; WHEREAS, in order for WCI to connect the WCI Property to the Utility Facilities,the County has requested that WCI indemnify, defend and hold the County harmless against any person or entity lawfully claiming title to the Utility Facilities; and WHEREAS, WCI has agreed to indemnify, defend and hold the County harmless against any person or entity lawfully claiming title to the Utility Facilities. NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,WCI hereby agrees to defend at its expense, indemnify and save harmless the County from and against any and all claims,demands,actions, suits, losses, costs, charges,expenses, damages and liabilities of any nature whatsoever which the County or any of its members,managers,principals or agents may pay,sustain,suffer or incur by reason of a lawful claim to or in the Utility Facilities, including,without INDEMNITY AGREEMENT C limiting the generality of the foregoing, all costs and expenses (including legal expenses) incurred in connection with defending any such claim. This Agreement is made in Florida and the terms of this Agreeme t shall be interpreted under and governed by Florida law. Any legal proceedings in furtherance thereof s all lie exclusively with the State courts in and for Collier County, Florida, and the parties hereto submit t►jurisdiction of such courts. IN WITNESS WHEREOF, WCI and the County have ca . this Indemnification Agreement to be duly executed as of the day and year first written above. Signed, sealed and delivered WCI: \i in the presence of: WCI COM i ITIES,LLC, a Florida limited liability comp'n (1) �.i By: Print Name: ?-etFr<y Name: ckr t h IM.0 WAY-r-a� Title: Nrt!.G.- Pr-e,s i cl.e (2) a/144 (1 >/i�n Print Name: Cvrv17,1 STATE OF FLORIDA ) ) SS: COUNTY OF Lei The fore oing instrument w s ac ledged be ore me this a"day of C7etob ie-, 2017 by -Da n tug ,rr asNti. es( , of WCI COMMUNITIES, LLC, a Florida limited liability company, on behalf of such limited liability company. S/He is personally known to me or has produced as identification. [NOTARIAL SEAL] ' GaU Lucas • y BLIC Pri s or Stamp Name: � 1: NOTARYFLO Lff�' �' STATE OF�L��IbA Notary Public, State of Florida at Large �' + Comm#FF904356 Commission No.: Expires 4/27/2020 My Commission Expires: INDEMNITY AGREEMENT 2 , ;‘.3 1,, ATTEST: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO GOVERNING BODY OF THE COLLIER COUNTY WATER- ,,- SEWER DISTRICT COLLIER COUNTY:WRK OF COURTS • Dwight E. BrockPenny Taylo i' airwoman dr Attest as to Chairman's signature only. Approved as to form and legality S Gam{ �c. 5 kc"/-,Assistant County Attorney INDEMNITY AGREEMENT 3 EXHIBIT"A" LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF WILSHIRE LAKES, PHASE 2, PLAT BOOK 27, PAGES 24 THROUGH 27, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN ALONG SAID BOUNDARY FOR THE FOLLOWING FIVE(5)COURSES AND DISTANCES, 1)SOUTH 02°09'46" EAST,A DISTANCE OF 667.55 FEET; 2)THENCE NORTH 89°56'27"WEST,A DISTANCE OF 165.10 FEET;3)THENCE SOUTH 02°09'53" EAST, A DISTANCE OF 333.78 FEET; 4) THENCE NORTH 89°56'39" WEST, A DISTANCE OF 495.26 FEET; 5) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE NORTHEAST CORNER OF THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY PER OFFICIAL RECORDS BOOK 2632, PAGE 1892, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING TEN (10) COURSES AND DISTANCES, 1) NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; 2) THENCE SOUTH 02°10'03" EAST,A DISTANCE OF 30.02 FEET; 3)THENCE SOUTH 89°57'44" EAST,A DISTANCE OF 135.17 FEET; 4)THENCE SOUTH 02°10'14" EAST,A DISTANCE OF 273.71 FEET; 5)THENCE NORTH 89°57'36" WEST, A DISTANCE OF 135.18 FEET; 6) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 60.04 FEET;7)THENCE SOUTH 89°57'36"EAST,A DISTANCE OF 135.18 FEET; 8) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; 9) THENCE NORTH 89°57'27" WEST,A DISTANCE OF 135.20 FEET; 10)THENCE SOUTH 02°10'03"EAST,A DISTANCE OF 30.02 FEET; THENCE NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET; THENCE NORTH 02°09'30" WEST, A DISTANCE OF 667.45 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3)COURSES AND DISTANCES, 1) SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET; 2) THENCE NORTH 02°13'33" WEST,A DISTANCE OF 30.02 FEET; 3)THENCE NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 414.28 FEET; THENCE NORTH 89°56'27" WEST, A DISTANCE OF 23.58 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE SOUTHWESTERLY 144.02 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 173.50 FEET, A CENTRAL ANGLE OF 47°33'41", (CHORD BEARING SOUTH 66°16'42" WEST, A DISTANCE OF 139.92 FEET); THENCE SOUTH 42°29'52" WEST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE WESTERLY 296.55 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 226.50 FEET, A CENTRAL ANGLE OF 75°00'57", (CHORD BEARING SOUTH 80°00'20" WEST, A DISTANCE OF 275.82 FEET);THENCE NORTH 62°29'11"WEST,A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT;THENCE WESTERLY 321.35 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 573.50 FEET,A CENTRAL ANGLE OF 32°06'18", (CHORD BEARING NORTH 78°32'21" WEST,A DISTANCE OF 317.17 FEET)TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE NORTHWESTERLY 256.06 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 216.50 FEET, A CENTRAL ANGLE OF 67°45'58", (CHORD BEARING NORTH 60°42'31" WEST, A DISTANCE OF 241.40 FEET); THENCE NORTH 26°49'32" WEST, A DISTANCE OF 56.12 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHWESTERLY 175.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 55°58'00", (CHORD BEARING NORTH 54°48'32" WEST, A DISTANCE OF 168.92 FEET)TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF 0 LIVINGSTON ROAD; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 02°12'17" WEST, A DISTANCE OF 56.38 FEET; THENCE SOUTH 89°56'27 EAST, A DISTANCE OF 33.93 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY 332.32 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 293.50 FEET,A CENTRAL ANGLE OF 64°52'26", (CHORD BEARING SOUTH 57°30'14" EAST, A DISTANCE OF 314.85 FEET)TO A POINT ON A REVERSE CURVE TO THE LEFT;THENCE SOUTHEASTERLY 191.78 FEET ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 176.50 FEET,A CENTRAL ANGLE OF 62°15'19",(CHORD BEARING SOUTH 56°11'40" EAST, A DISTANCE OF 182.48 FEET)TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE EASTERLY 270.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 623.50 FEET, A CENTRAL ANGLE OF 24°50'08", (CHORD BEARING SOUTH 74°54'16" EAST, A DISTANCE OF 268.15 FEET); THENCE SOUTH 62°29'11" EAST, A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT;THENCE EASTERLY 231.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 176.50 FEET, A CENTRAL ANGLE OF 75°00'57",(CHORD BEARING NORTH 80°00'20"EAST,A DISTANCE OF 214.93 FEET); THENCE NORTH 42°29'52" EAST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE NORTHEASTERLY 185.53 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF 47°33'41", (CHORD BEARING NORTH 66°16'42" EAST, A DISTANCE OF 180.25 FEET); THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 21.60 FEET; THENCE NORTH 02°12'20" WEST,A DISTANCE OF 143.61 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 164.98 FEET; 2) THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET; 3) THENCE NORTH 89°56'27" WEST, A DISTANCE OF 164.97 FEET;THENCE NORTH 02°12'20" WEST,A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES, PHASE 2; THENCE ALONG SAID BOUNDARY,SOUTH 89°56'17"EAST,A DISTANCE OF 1,322.06 FEET TO THE POINT OF BEGINNING. 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