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Revocable Temporary License (Folio #13800022000) INSTR 5007547 OR 5058 PG 229 RECORDED 7�n5CK CLERK M PAGES IRCUIT COURT Project: Freedom Park Rain Gauge COLLIER E E U COLLIER COUNTY FLORIDA Folio No.: 13800022000 REC$44.00 REVOCABLE TEMPORARY LICENSE ♦" This Revocable Temporary License ("License") is made this day of , 2014, by COLLIER COUNTY, a political subdivision of the State of Flori a, whos mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, its successors and assigns, hereinafter referred to as "Grantor", in favor of the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a government entity existing under Chapter 373 Florida Statutes, with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, Palm Beach County, and its successors and assigns, hereinafter referred to as "Grantee". WITNESSETH: That for good, adequate and valuable consideration in hand paid by the Grantee to the Grantor, the adequacy and receipt of which are hereby acknowledged, the Grantor does hereby grant, bargain, and convey unto the Grantee a License for any and all purposes deemed by Grantee to be necessary, convenient, or incident to, or in connection with, the construction, installation, operation, maintenance, repair, rehabilitation and replacement of a rain gauge and associated telemetry equipment over, across, under, and beneath the lands of Grantor, Collier County Freedom Park, as described in Exhibit "A", which is attached hereto and made a part hereof, hereinafter referred to as the "Rain Gauge and Telemetry Area". This License is given for any and all purposes deemed by Grantee to be necessary, convenient, or incident to, or in connection with, access, ingress and egress over, across and through the Rain Gauge and Telemetry Area, including, but not limited to the right to move and transport equipment, materials and supplies, in connection with the construction, installation, operation, maintenance, repair, rehabilitation and replacement of a rain gauge and associated telemetry equipment and access to the equipment through Collier County Freedom Park. Grantee shall be solely responsible for all maintenance and risk of loss associated with the rain gauge and associated telemetry equipment. The Grantee acknowledges Grantee's liability to the extent provided and allowed under Section 768.28, Florida Statutes. Grantee further agrees that, to the extent provided and allowed under Section 768.28, Florida Statutes, it shall, at the Grantee's cost, repair any damage caused to Grantors' property as a result of Grantee's exercise of its rights hereunder. S The Rain Gauge and Telemetry Area shall at no time be obstructed by any object which would in any manner, interfere with the purposes of this License. Grantee shall have the right, but not the obligation, to improve the Rain Gauge and Telemetry Area as determined by Grantee in order to insure the full enjoyment of the rights granted to Grantee herein. This License shall commence upon recordation of the License in the Public Records of Collier County, Florida, and shall continue until either Grantor or Grantee delivers at least sixty (60) days prior written notice to the other party that this License is terminated. In the event the Grantor requires the Grantee to relocate the rain gauge and associated telemetry equipment, Grantor shall make reasonable effort to find a suitable replacement location. All notices, requests, consents and other communications required or permitted under this License shall be in writing (including telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, emailed or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: TO GRANTEE: Len Lindahl, Assistant Executive Director South Florida Water Management District (MAILING ADDRESS:) (OFFICE LOCATION:) P.O.Box 24680 3301 Gun Club Road West Palm Beach, Florida 33416-4680 West Palm Beach, Florida 33406 TO GRANTOR: Barry Williams, Director Collier County Government 15000 Livingston Road Naples, FL 34109 or to such other address as any party may designate by notice complying with the terms of this Subparagraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date emailed if by email; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of overnight mail service. cq IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • , 41 / Attest astOCh�lintas beputy Clerk m He i g, C' . man signature only. Approved as to form and legality: CJA Jennifer A. Belp-•- . Assistant County •rney C2\ CA EXHIBIT "A" Page 1 of 2 All that part of Collier County Freedom Park in Section 27, Township 49 South, Range 25 East, Collier County, Florida described as follows; All that part of the lands described as the less and except parcel as recorded in Official Records Book 4103, Page 3415, Collier County, Florida, as graphically depicted on Page 2 of this Exhibit A. Said lands shall be used for the construction, maintenance and support of a rain gauge and its accessories located in the Southwest quarter of said Collier County Freedom Park. SFWMD PROJECT TRACT NO. 01100-222 CA I Pi -441 2r* 1 N1 �. C 3 3 R1 f ' y. N CD CD 0+r i 4 i o `:<)- n i. g ^4 D S F. a c y m t(9 - 4 C t7 —. CO a m N m 0 = 0 N N N co N D) 3 +k (/ '. .'"fir k ,... CD - a ,< ?; _ fAr'*. 'POI '111, t p al W A Nr Z 0 z r co o { A co V • k' W r, - 0 tx 'ilk c ,.y ri * L_..J - 1, A.,..... - - }:: T. a 1 t l w : "t**7,`4",."*,''''''.tlf-ti #"F'dte'*'°'s°°:''''''''.-* . , i' - .. . , L ,.. ° C p . ,, L:4 EXH J♦ m .= Page of Design Location of �y Freedom Park Rain Gauge and RTU 4. " s„nnwsme�wc»+,.anyPmeaa.mcc uP T� b v 2:40 n erne.a.w. Jun 2014 • 13 10' Colher County,Flotilla CAO