Waterways of Naples HOA Right-of-Entry PROJECT: NERDC
FOLIO: 81216080040
INSTR 5101377 OR 5134 PG 2016
RECORDED 3/31/2015 12:59 PM PAGES 2
DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT
THIS CONVEYANCE ACCEPTED BY THE COLLIER COUNTY FLORIDA
BOARD OF COUNTY COMMISSIONERS, DOC @70$0.70 REC$18.50
;OLLIER COUNTY FLORIDA,
,JRSUANT TO THE PROVISIONS
F RESOLUTION NO. (Rol b- 39
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that WATERWAYS OF NAPLES HOMEOWNERS'
ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is 12650
Whitehall Dr., Ft. Myers, FL 33907, hereinafter (singularly or collectively) known as
Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration to it in hand paid, does hereby grant unto COLLIER COUNTY, a political
subdivision of the State of Florida, its agents, contractors or assigns, whose mailing
address is c/o3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, hereinafter known
as GRANTEE, the temporary license and right to enter upon the lands of the Grantor, as
described as follows:
within the northern area of Tract B, Waterways of Naples, Unit Seven, Plat
Book 36, Pages 72-77, Public Records of Collier County, Florida,
immediately south of the plat dedicated 74 foot Access Easement, east
from the existing berm to the eastern property line of Tract B,
to install an 8 foot privacy wall and any support structures or perform any required
ground work, appurtenant thereto for the purpose of installing the privacy wall.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors or assigns.
regardless of the number and gender in which used, shall be deemed to include any
other gender or number as the context or the use thereof may require.)
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for
a period of one (1) year from the completion of the work pertaining to installation of the
8 foot privacy wall on the lands of the Grantors described above except as set forth
below. This Right of Entry shall have full force and effect until the expiration of the
contractor warranty for the construction relating to this project is completed, including,
but not limited to final inspections, acceptance and payment of the contractor. After
the expiration of the contractor warranty or for anything not covered by the contractor
warranty, Grantor and Grantee agree to be solely responsible for maintenance of their
respective sides of the privacy wall, including whether their respective side is painted.
This Right of Entry shall automatically renew as of June 1st of each year, until
terminated in writing by the Grantor, to allow the Grantee to deal with any damages
caused to the wall as a result of a natural disaster. The undersigned further agrees and
warrants that it will indemnify and hold harmless the United States of America and
assigns, including FEMA, the State of Florida, and the County of Collier, its agencies,
contractors and subcontractors, against claims, demands, costs, judgments and any
and all damage of any type whosoever, either to the above described property or
persons situated thereon, and hereby releases, discharges and waives any and all
actions, either legal or equitable, which the undersigned has or even might or may
have by reason of any action of aforesaid United States of America, and its assigns,
including FEMA, the State of Florida, the County of Collier, its agencies, contractors and
subcontractors, that may arise in connection with or as a result of damages caused to
the wall by a disaster and to allow removal and repair of the wall in any form on or from
the above referenced property. Grantor will not receive any compensation related to
damages caused to the wall by a natural disaster from any other source including SBA,
ASCS, private insurance, individual and family grant program or any other Public
Assistance Program, if covered by FEMA through Grantee.
ADDITIONALLY, the rights and interest conveyed hereunder are conditioned
upon the reasonable exercise thereof by Grantee. Grantee agrees not to
unreasonably interfere with Grantor's use of the lands described above. Grantee
further agrees that it shall, at the Grantee's cost, repair any damage caused to
Grantor's property as a result of Grantee's negligence.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in
its name this 3 day of Y \ , 2015.
Witnesses:
WATERWAYS OF NAPLES HOMEOWNERS'
`; ..- ASSOCIATION, INC., a Florida not-for-profit
corporation
Print: A r: .. .- L
jA11011" By: `-(5) -
°rint:✓�-Y�z ��, Print: , G,LAa
Title: Q
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Right of Entry was acknowledged before me this 2.3 day of
, 2015, by JOHN GRAHAM, as President, on behalf of WATERWAYS OF NAPLES
HOMEOWNERS' ASSOCIATION, INC., who is personally known to me or who has produced
L Q,,5 \.., as identification.
(Affix Notarial Seal) _ --- r" —7
(Signature of Notary Public)
431. ARIANNE MARIE LEVIN (Print Name of Notary Public)
MY COMMISSION#EE861799 NOTARY PUBLIC•* ``'iZh * EXPIRES:December 30,2016 Serial/Commission # ‘is \1 aei
�l'TFOFFs Bonded Thru Budget Notary Snnwes My Commission Expires: De c 3 U� ..2:0\(,
Approved as to form and legality \\5
Assistant County rney • 'w