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IC Aqua II, LLC TCE INSTR 5288902 OR 5293 PG 1399 RECORDED 7/13/2016 8:08 AM PAGES 3 PROJECT: ICA Aqua II, LLC DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT q COLLIER COUNTY FLORIDA FOLIO: 27430040008 DOC@.70$0.70 REC$27.00 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this 1Z ' day of 3A y , 2016, by COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Grantor"), and IC AQUA II, LLC, a foreign limited liability company, whose mailing address is 434 Fayetteville Street, Ste. 1730, Raleigh, NC 27601 (hereinafter referred to as "Grantee"). (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 and/or Grantee's contractors and sub-contractors, a temporary easement, 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 and/or Grantee's contractor and sub-contractors temporary access to Grantor's lands described in Exhibit "A", to facilitate the completion of Commitment 6.15.A of PUD Ordinance 2005-15, Coconilla RPUD. This Easement shall expire upon completion and acceptance of the aforementioned improvements. Entry onto Grantor's lands by Grantee, its affiliates, contractors or subcontractors, shall constitute acceptance of this Temporary Construction Easement and such acceptance shall carry with it the Grantee's promise to obtain all the required permits prior to performing the work described above, and to indemnify and hold harmless Grantor from and against any and all claims and demands and cause of action, which may arise as a result of Grantor's performance or activities for which this TCE is granted, including, but not limited to, all claims and demands and causes of action, personal injury, death, or damage to property sustained by any person, firm or corporation, including without limitation the employees, agents, contractors or subcontractors of Grantee. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond Section 768.28, Florida Statutes. Additionally, Grantee agrees that it shall, at Grantee's sole cost, repair any damage caused to Grantor's property as a result of Grantee's work on the subject property. The rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's and public's use of the Cocohatchee River Park, except for all required closures previously approved by the County Manager or his designee reasonably necessary to fulfill the Commitments provided in Section 6.15.A. of Ordinance 2005-15. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. ATTE§-Ag •80 ';'°,, BOARD OF COUNTY COMMISSIONERS 4 c ? OF COLLIER OUNTY, FLORIDA clerk B Attest as to=�Chai?jn y Donna iala, Chairman signature only.' A•proved"as to form and legality: Emily R. P=pin Assistant ounty Attorney EXHIBIT 'A' 'Itoiis °11111101111111111111 }c. - ; -t, 1 y - ' y1 e�sA�R4 : '''''''', ''' 2.. ' y Ali -''.. "- 20101111r - mast I Temporary-Construction 0\0„\)/ ,___ . � be area Includes Ph.I& II A e. Phase II (to include Phase in 4% 0• x'. d 4%, r - .., i 4 . lip 0. �le'OR *0, County Property — , ,iiitiot , r, • .. .....4 . ; ,.. ,. , , ; ...., ,„,,,.., ,,.... . , ,.. , . , , , . , ,,. ., . ...... . ,., ,„. . , ..,,,, . ,„ „. , ............ . ., , ii ;,.., .,„„ , 1 t o . " .,t'*f I s I A 1 • • ► �_ j . 1 v:.. - I 0_22ft CD