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Bishop Dewane Right-of-Entry Project: L.S. 154.00 Rehabilitation Project/Force Main testing/F2F Group II Folio No.: 00205880009 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that, BISHOP FRANK J. DEWANE, as Bishop of the Diocese of Venice, Florida, a Corporation Sole, whose mailing address Is 1000 Pinebrook Road, Venice, Florida 34285, hereinafter known as "Grantor," for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COlliER COUNTY AND AS EX..oFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-. SewER DISTRICT, its agents, cOntractors, successors or assigns, whose mailing address is 3335 Tamiami Trail East, Naples, Florida 34112, hereinafter known as "Grantee," the temporary license and right to enter upon the lands of the Grantor to excavate and place or remove materials, including, but not limited to, pipes, pumps, testing equipment and other equipment, vehicles, utilities appurtenant thereto for the purpose 0; examining wastewater mains on the following described property: The SootIr"% otthe South % of the Southwest Y. Of S-ectiOn~5,.Township 48 South, Range~ East; Collier County, Florida. This is not Homestead Property ALL RIGHT AND PRIVILEGE herein granted shall run with the iand and expire upon completion of the project. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the aforementioned lands, and agrees to provide Grantor with advance notice when exercising its rights hereunder. At the conclusion of all activities, Grantee shall restore the surface of the lands to the condition existing prior to the commencement of the activities. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, Grantee shall Indemnify, defend and hold harmless Grantor against any actions, claims or damages arising out of Grantee's negligence In connection with exercising this Right of Entry. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in 5768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the - other party for such other party's negligent, willful or Intentional acts or omissions. ",IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this ~ day of !I.vt;(/~r ,2011. DATED: J> - 12. - "2..p11 FRANK J. DEWANE, as Bishop of the Diocese of Venice, Florida, a Co tion Sole ~ Witness (8ig re) Name:) fJAI/~L :s1weR/o/fJ (Print or Type) STATE OF ~ COUNTY OF .. IIr ~ The foregoing Right of Entry was acknowledged before me this M:... day of , 20011 by Volodymyr Smeryk, Attomey in Fact, on behalf of Frank J. Dewane, as Bishop of the iocese of Venice, Florida, a Corporation Sole, who is personally known to me or who has produced as identification. INSTR 4600157 OR 4713 PG 1792 RECORDED 8/25/2011 2:40 PM PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $10.00 CONS $0.00 (affix notarial seal ""';itrv.:,, BEVERLY L KONDAS /!"X'Y;;. MY COMMISSION 1/ DO 932709 ( ry Public) ~~~'1:j EXPIRES; O.cembE1r ,a, 2013 ".'f<;';t\,~ Bonded Thill NotaryfOucll4UndtlWlttt . VC .. #:(if ) '5B1 [{j;1..t)/:1 ~ ""1It'\\' ommlSSlon . any _ y Commission Expires: q '3 2 70 Approved a. to form & legal Sufflclency ~s COWVrVANCE ACCEmD IV Tft( COlrfrr c:V COMNISSIOlEItS. ~ TO · FLORIDA. DATIIh ~ -024-~-:nM NO. /00/ ~~'"D~ AssJs ant County Attorney . --5'E~N \~(\'L ~. U;)~ ""'E ~ 9)110 I \' ~\~\ c:::;o~-y C:::;OU11.'ty '- ~..---- Memorandum TO: Minutes and Records Management FROM: Marlene J. McLaughlin DATE: October 7,2011 RE: Fence to Fence Group II - L.S. 154.00 Rehabilitation Project; for Public Utilities Planning and Project Management on behalf of Wastewater Department Please find enclosed one (1) original recorded Right of Entry for the above referenced project. The Board of County Commissioners of Collier County, Florida approved acceptance of Rights of Entry on June 24, 2008 item number 10(G). Please contact me if you have any questions or comments at extension #8922.