Temporary Right of Entry Agreement INSTR 5806997 OR 5709 PG 1442
RECORDED 12/23/2019 7:16AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER
'Otect Radfi
fo Road, avvv
ls Blvd Greeray
REC$35COUNTY FLORIDA
.50
PO4,0 Numbers 60605000102 60605500042 60606000059 8 25891000647
TEMPORARY RIGHT OF ENTRY AGREEMENT
THIS TEMPORARY RIGHT OF ENTRY AGREEMENT (hereinafter referred to as
the"Agreement") is made and entered into by and between COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East.
Suite 101. Naples. FL 34112 (hereinafter "Grantor ), and FISCHER BROTHERS
INDUSTRIES, INC., a Florida corporation, whose mailing address is 11020 Yellow Poplar
Drive, Fort Myers, FL 33913 (hereinafter Contractor-) on behalf of the Moon Lake Home-
owners Association, Inc.
WHEREAS. the Grantor is the owner of real property located in Collier County,
Florida, identified by the Folio numbers listed above (the "County Property"): and
WHEREAS, the Contractor has requested access to certain portions of the County
Property to facilitate the construction of the Moon Lake HOA lake bank remediation project
pursuant to South Florida Water Management District Permit and Stormwater Discharge
Certification: 11-00410-S The Moon Lake HOA lake bank remediation project is
necessary as preventative maintenance to restore the existing lake embankments and
littoral shelfs.
WHEREAS. the Grantor desires to allow Contractor access to the County Property
for the stated purposes, on the terms and conditions set forth herein: and
NOW THEREFORE. in consideration of these premises. the sum of Ten Dollars
(510.00). 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 Contractor must receive written approval from Florida Power and Light Company.
(hereinafter"FPL") to utilize and access the FPL easement corridor, which is located
adjacent to the County Property If FPL does not approve. this Agreement is null and
void.
2. Grantor hereby grants to Contractor the temporary license and right to enter over.
upon. and across the County Property, at no cost to the Grantor. for the sole purpose
of mobilizing heavy equipment. not limited to dump trucks. mini excavators, wheel
loaders and site dumpers. Equipment will be utilized within the County Property for
staging of materials, delivery of fill materials, and temporary storage of materials
between the path and fence
3 Contractor intends to work 6 days a week Monday through Friday. from 7 AM to 7
PM, and on Saturday. 7AM to 5 PM These are the standard operating work hours
per Collier County
4. Contractor plans to use 2 dump trucks to bring in fill dirt and/or rip rap stabilization
running 5 trips each for a total of 10 truck runs daily. Each dump truck can hold
approximately 80 000 pounds of fill dirt and/or rip rap stabilization.
5, The Contractor shall pay for all costs of recording the Agreement upon approval of
said Agreement
5. This Agreement shall be in full force and effect for ninety (90)days from the date said
Agreement is accepted by the Collier County Board of County Commissioners,
unless extended by mutual written agreement of the parties hereto, The Manager of
Parks and Recreation or designee is authorized to enter into such mutual written
agreements on behalf of the County for extensions of up to an additional 60 days
without further approval by the Board of County Commissioners
7 Contractor shall restore the surface of the County Property to the condition existing
prior to the commencement of construction adjacent thereto County Parks and
Recreation staff will need to be notified once Contractor is complete with renovations
of County Property for final approval
8. Contractor is aware that Agreement is subject to acceptance and approval by the
Board of County Commissioners of Collier County Florida
9. The rights granted herein are conditioned upon the reasonable exercise thereof by
Grantee. and Grantee agrees not to interfere with Grantor's use of the County
Property
10 Contractor hereby undertakes to indemnify and save harmless Grantor its respective
parent and affiliated companies. and agents. officers. directors employees.
members, partners successors and/or assigns (the -Indemnitees'). from any liability
or damages Indemnitees may suffer as a result of claims. suits. demands. damages.
losses, fines, penalties. interest, expenses, costs. or judgments against them arising
out of Contractor's exercise of its right to enter the County Property for the purposes
set forth herein This indemnification includes claims. suits. demands. damages.
losses, fines penalties interest, expenses. costs. or judgments arising out of
personal injury, property damage. environmental contamination, and any other event
in any way related to Contractor's use of the County Property for these purposes. no
matter how remote. and shall include damages of any nature, whether
compensatory. consequential. punitive or otherwise, all costs incurred in the defense
of every claim, demand cost or judgment, whether attorney fees or otherwise. and all
costs incurred by Indemnitees in the enforcement of this Agreement. and will extend
from the date of this Agreement until termination of this Agreement in writing by
either party and as provided herein Written termination of this Agreement shall in no
way limit Contractor's obligations hereunder for claims, suits, demands. damages
losses, fines penalties interest, expenses costs or judgments of any nature, that
arise out of Contractors use of County Property prior to the date of the termination
This provision shall not apply to any damages suffered by Grantor as a result of the
execution, recording and existence of this Agreement
11 In the event that Contractor shall contract with any non-governmental entity to
provide services related to the purposes of the Agreement provided herein, the non-
governmental entity shall. prior to entering upon the County Property and at all times
thereafter, obtain and maintain comprehensive bodily injury and property damage
liability insurance on a per-occurrence basis with minimum limits of liability in an
amount of Three Hundred Thousand Dollars ($300.000.00) combined single limit,
and including a loss payable clause in favor of Grantor, naming Grantor as
Additional Insured under the policy, and shall provide evidence of such insurance
prior to use of the County Property, Grantor which shall include a provision that the
insurance may be cancelled only upon forty-five (45) days prior written notice to
Grantor.
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
ht
IN WITNES VVHEREOF. the parties hereto have set their hand on this the! day
of yt . 2019.
Grantor:
. ,
ATT.gAti ,.. BOARD OF COUNTY COMMISSIONERS
IALAVIZEL, Clerk COLLIER COUNTY, FLORIDA
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) BY: 6,4). a
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4 tte.St.4 tqoakiiseety Clerk WILLIEL. MCDANIEL, JR,, IVairman
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Approved"gt 10 form Sna legaitty
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denni Belot?.to A ihn:County Attar-ey
Grantee:
FISCHER BROTHERS INDUSTRIES. INC.,
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ure) a Florida corporation
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tPnr,1 Name)
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fSlonature) 7,7 Joitinie 4:rise er, 4k, resident
( fmt Name)
STATE OF FLORIDA
COUNTY OF 0 Oil 6:4--
The foregoing instrument was acknowledged before me this day of
OC.-1 ODe . 2019, by Johnnie J. Fischer, Jr as President on behalf of Fischer Brothers
Industries, Inc , a Florida corporation He ( ) is personally known to me or (- ) has
produced FaitoL143c) ".1.7)0(1,94.) as identificatio
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