Carlton Lakes Master Association Temporary Access Easement INSTR 5694408 OR 5615 PG 1921
PROJECT: Carlton Lakes Wall Repair RECORDED 4/5/2019 1:46 PM PAGES 5
FOLIO#: 00184161904(portion) CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PARCEL 15390 Livingston Road(portion) COLLIER COUNTY FLORIDA
REC$44.00
TEMPORARY ACCESS EASEMENT AGREEMENT
THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is made
and entered by and between 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") whose mailing address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112 and CARLTON LAKES MASTER ASSOCIATION, INC., a Florida
not-for-profit corporation, ("Association"), whose mailing address is C/O Gulf Breeze
Management, 8910 Terrene Court, Suite 200, Bonita Springs, FL 34135.
WHEREAS, the County owns lands described in Exhibit "A" ("Property"), which is
attached hereto and made a part of this Agreement; and
WHEREAS, the Association has requested that County grant to Association a
Temporary Access Easement as described in Exhibit "B" ("Easement"), which is also
attached hereto and made part of this Agreement. The purpose of the Easement is to
provide Association with the access and right to enter over, upon, and across the Property
to facilitate Association's repair and replacement of the wall that is on lands owned by the
Association, and
WHEREAS, the County desires to convey a Temporary Access Easement to the
Association for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Association has agreed to the terms and conditions set forth herein;
and
NOW THEREFORE, in consideration of the foregoing, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
are hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. County shall grant Association an Easement over, upon, and across the Property.
The Easement shall expire within the sooner of 30 days from the effective date of this
Agreement, or upon Association's completion of repair work on the section of wall that is
immediately adjacent to the Property and on lands owned by Association ("Construction
Period"). If necessary, the Easement may be extended in writing by mutual agreement
between County and Association. The effective date shall be the date on which the
Association and County have mutually agreed to a construction start date,
2. Association acknowledges that County will have access to the Property as needed
during the Construction Period and that time is of the essence to complete construction
within the Construction Period. Failure to complete construction and remove all
equipment and restore County lands within the Easement area prior to expiration of the
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Construction Period shall, at the County's sole option, result in immediate termination of
this Agreement and Easement.
3. Association shall pay all costs for recording the Easement, as well as any other
costs associated with the Easement.
4. Association is aware of and understands that this Agreement is subject to
acceptance and approval by the Board of County Commissioners of Collier County,
Florida,
5. Association acknowledges that the Property will not be disturbed in any manner
other than for the routine maneuverability of manpower and equipment related to the
repair and replacement of the wall that is immediately adjacent to Property. Association
will exercise extreme diligence and care to protect all well sites located on Property. Any
damage to Property, or any improvements thereon, including well sites, shall be repaired
at the sole cost and expense of Association.
6. Association shall provide the construction superintendents name and phone
number to County staff prior to entering the Property. Association shall not commence
any work or enter the Property until Association and County agree to a mutually
acceptable date to commence construction and enter Property. Association shall
coordinate construction activities with County, and shall provide a list of all contractors
that are to enter the Property, and shall only hire or engage contractors that are licensed
and insured, Association shall locate all underground utilities prior to commencement of
construction.
7. Prior to completion of construction and within the Construction Period, Association
and/or its designee, at Association's sole cost and expense, shall return impacted areas
of the Property to preconstruction conditions or better. Association and/or its designee
will repair or replace, at Association's sole cost and expense, any hardscape or landscape
surface and/or trees and landscaping, and/or fencing which have been removed or
damaged with the same or equivalent materials, and to the satisfaction of County.
8. Association shall indemnify, defend, save and hold harmless the County against
and from, and agrees to reimburse the County with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation reasonable
paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the County. This provision shall survive Closing.
9. Association shall be responsible for obtaining, at Association sole cost and
expense, a commercial general liability policy that shall name County as an additional
insured. Commercial general liability limits shall not be less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence, Association shall provide County with a copy of
the foregoing policy or with a certificate of insurance prior to the commencement of work,
and shall further provide evidence of renewals of the same prior to the expiration thereof.
10. Should Association be in default of any terms or conditions of this Agreement,
the Easement shall terminate immediately, and Developer or its contractors, guests, and
representatives, shall have no right to enter the Property.
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11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
12. This Agreement and the terms and provisions hereof shall be effective as of the
date the Easement has been recorded and the parties have mutually agreed to a
construction start date, and shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, personal representatives, successors,
successor trustee, and assignees whenever the context so requires or admits,
IN WITNESS WHEREOF, the parties hereto h e e)(eputed this Temporary Construction
Easement Agreement on this AO day of (1c.,--/o4er , 2018.
Dated Project/Acquisition Approved by BCC:// Z318 ri)e/Kia „at+ /6 CZ
AS TO COUNTY:
DATED ‘o ' 3\\`‘. •••
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFICIO
GOVERNI BOARD:F THE COLLIER
COUNTY ATER-Si ir DISTRICT
CRYSTAL K. KINZ L, INTERIM C RK
BY:
Attest as to ChainiiiPPutY Clerk Atirr Sol ar hairman
signature only.
AS TO ASSOCIATION:
ESS :
CARLTON LAKES MASTER
ittness#1 (Signature) ASSOCIATION, INC.
a Florida not for profit company
t E Pito(As et
Witness • (Print Name) BY: ejialt 6WW1ed1"
Name:CAA,( f-(Doerff1-0
Witness#2(Signature) Title:
'Tzzs1uCic..:Ck
VVitne 2(Print Name)
Approved as to form and legality: ‘-a
'4‘ •
Jen'r er A. Belpedio,*tant County Attorney
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EXHIBIT A
PROJECT
FOLIO# 00184161904(portion)
PARCEL Repair
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PROJECT Carlton Lakes Wall Repair .,, '' IE i ..
FOLIO#: 00184161904(portion) •
PARCEL 15390 Livingston Road(portion) 441, 'it / of ,,�,�,/
TEMPORARY ACCESS EASEMENT
THIS EASEMENT is made and entered into this_, day of , 2018. by 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, whose mailing office address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112 (hereinafter referred to as "Grantor"), and CARLTON LAKES MASTER
ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantee"),
whose mailing address is C/O Gulf Breeze Management, 8910 Terrene Court, Suite 200,
Bonita Springs, FL 34135.
(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. a temporary 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 temporary access to
Grantor's lands described in Exhibit "A." to facilitate Association's repair and replacement of the wall
that is on lands owned by Association. This Easement shall expire and terminate within the sooner of
30 days from the effective date of this Easement, or upon Association's completion of repair and
replacement work on the wall that is immediately adjacent to the lands described in Exhibit"A," or upon
Grantee's default of any terms or conditions in the Temporary Access Easement Agreement. The
Effective date of this Easement shall be the date of recording.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and
year first above written.
ATTEST: 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
CRYSTAL K. KINZEL, INTERIM CLERK
BY:
,Deputy Clerk ANDY SOLIS, Chairman
Approved as to form and legality:
032
Jennifer A. Belpedio, Assistant County Attorney
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