Parcel 109DE Business Unit Number:878275
Site Name:Barfield Land
DRAINAGE,ACCESS AND MAINTENANCE EASEMENT
THIS DRAINAGE, ACCESS AND or present a hazard to Grantee's use of the Easement
MAINTENANCE EASEMENT (the "Agreement") Area. Grantee shall dispose of any materials
is made effective this zi..-t-(day of Se tex*.bC.y^ removed.
2017,by and between Global Signal Acquisitions IV
LLC, a Delaware limited liability company 5. Hazardous Substances and Hazardous
("Grantor") and Collier County, a political Wastes. Grantee shall not (either with or without
subdivision of the State of Florida("Grantee"). negligence) cause or permit the escape, disposal or
release of any Hazardous Substances ("Hazardous
WHEREAS, Grantor owns property located Substances" shall have the same definition as
at 5905 SR 29 S, Immokalee, Florida 34142, Collier contained in the Comprehensive Environmental
County granted to Grantor by deed dated December Response, Compensation and Liability Act, 42
19, 2011 and recorded at book 4755, page 2664 U.S.C. §§9601 et seq. and regulations promulgated
1 ("Grantor's Property"),and pursuant thereto) or Hazardous Wastes ("Hazardous
Wastes" shall have the same definition as contained
WHEREAS, Grantee desires to obtain a in the Resource Conservation and Recovery Act, 42
perpetual, non-exclusive drainage, access and U.S.C. §§6901 et seq. and regulations promulgated
1 maintenance easement on-Grantor's Property for the pursuant thereto) on or from the Easement Area in ,
purposes contained herein. any manner prohibited by law. To the extent
permitted by Section 768.28, Florida Statutes and
NOW THEREFORE, for good and valuable other Florida law, Grantee shall indemnify and hold
consideration, the receipt and sufficiency of which Grantor harmless from any and all claims, damages,
are hereby acknowledged, the parties agree as fines,judgments, penalties, costs, liabilities or losses
follows: (including, without limitation, any and all sums paid
for settlement of claims, attorneys' fees, and
1. Grant. Grantor grants and conveys to
Grantee(i)the right to enter upon Grantor's Property consultants' and experts' fees) from the release of
andany Hazardous Substances or Hazardous Wastes on
to place and/or excavate materials for the
the Easement Area if caused by Grantee or persons
purpose of constructing, operating, and maintaining acting under Grantee.
drainage structures and facilities, including but not
limited to canals, ditches, swales, earthen berms, rip- 6. Insurance. At all times during the term of
rap and retaining wall systems, underground pipes, this Agreement, Grantee, at its sole expense, shall
and various types of water control structures within carry public liability insurance covering its use of the
the easement area and(ii)the right of ingress, egress Easement Area with companies and in a form
and regress as may be reasonably necessary for the satisfactory to Grantor. The policy shall name
removal and use of any and all excavated material Grantee as insured and shall name Grantor as an
and (iii) the right to construct and maintain a additional insured. The policy shall bear
stabilized roadbed facility capable of providing endorsements to the effect that the insurer agrees to
access for vehicles and equipment for the notify Grantor not less than thirty days in advance of
maintenance of the canal adjacent thereto any modification or cancellation thereof. At a
over/across/under Grantor's Property as more fully minimum, Grantee and all parties accessing the
shown on Exhibit A attached hereto and made part Easement Area for or on behalf of Grantee shall
hereof("Easement Area"). obtain the following insurance coverage:
2. Easement Term. The term of this (i)Statutory Workers' Compensation including
Agreement shall commence as of the date of this $500,000 Employers' Liability; (ii)Comprehensive
Agreement and shall continue in perpetuity. General Liability including personal injury, broad
form property damage, independent contractor, XCU
3. Consideration. Upon execution of this and products/completed operations with limits not
Agreement Grantee shall pay Grantor ten dollars less than $2,000,000 per occurrence;(iii)Automobile
($10.00). Liability with limits not less than $1,000,000 per
occurrence; and, (iv)Fire and extended coverage
4. Removal of Obstructions. Grantee has the insurance on all of Grantee's improvements at the
right to reasonably remove obstructions from the Easement Area. Failure of Grantee to obtain or
Easement Area including but not limited to maintain the required insurance and submit such
vegetation, which may encroach upon, interfere with certification to Grantor shall constitute a material
Easement for Access and Utility(Crown as Grantor)
Version 03-28-13 1
Business Unit umber I I
Site Name: MI/ ,j1c
breach of this Agreement. Upon such breach, 13. Notices. All notices hereunder shall be in
Grantor shall have the right to immediately terminate writing and shall be given by (i)established national
this Agreement. courier service which maintains delivery records,
(ii)hand delivery, or(iii)certified or registered mail,
7. Recording. Grantee or Grantor shall have postage prepaid, return receipt requested to the
the right to record a memorandum of this Agreement addresses contained herein. Notices are effective
with the appropriate recording officer. The non- upon receipt,or upon attempted delivery if delivery is
requesting party shall execute and deliver such a refused or if delivery is impossible because of failure
memorandum, for no additional consideration, to provide reasonable means for accomplishing
promptly upon request by the other party. delivery.
8. Hold Harmless. To the extent permitted by If to Grantor:
Section 768.28, Florida Statutes and other Florida Crown Castle USA Inc.
law, each party shall indemnify and defend the other General Counsel
party against,and hold the other party harmless from, Attn: Legal—Real Estate Dept.
any claim of liability or loss from personal injury or 2000 Corporate Drive
property damage arising from the use and occupancy Canonsburg,PA 15317
of the Easement Area by such indemnifying party, its
employees, contractors, servants or agents, except to If to Grantee:
the extent such claims are caused by the intentional Collier County
misconduct or negligent acts or omissions of the do Office of the County Attorney
other party, its employees, contractors, servants or 3299 Tamiami Trail East,Suite 800
agents. Naples, FL 34112
9. Interference with Grantor's Business. 14. Assignment, Sublease, Licensing and
From and after the date hereof and continuing until Encumbrance. Grantor has the right, at its sole
the Agreement is terminated, Grantor shall have the discretion, to assign its interest in this Agreement.
right to use the Easement Area in any manner that Assignment of this Agreement by Grantor shall be
will not unreasonably interfere with the rights of effective upon Grantor sending written notice to
Grantee contained herein. Grantee at Grantee's mailing address stated above and
10. Entire Agreement. Grantor and Grantee shall relieve Grantor from any further liability or
agree that this Agreement.
Grantocontainr
alld of the obligation accruing hereunder. This Agreement may
agreements, promises and understandings between not be sold,transferred,sublet or assigned by Grantee
without the prior written consent of Grantor, which
Grantor and Grantee. Any addition, variation or will not be unreasonably withheld, conditioned or
modification to this Agreement shall be void and delayed.
ineffective unless made in writing and signed by the
parties hereto. 15. Partial Invalidity. If any term of this
l 1. Construction of Document. Grantor and Agreement is found to be void or invalid, then such
invalidity shall not affect the remaining terms of this
Grantee acknowledge that this document shall not be
construed against the drafter by virtue of said party Agreement, which shall continue in full force and
effect.
being the drafter.
16. Successors and Assigns. Except as
12. Applicable Law. This Agreement and the
otherwise provided herein, this Agreement shall
performance thereof shall be governed, interpreted,
construed and regulated by the laws of the State extend to and bind the heirs,personal representatives,
successors and assigns of the parties hereto.
where the Easement Area is located.
Easement for Access and Utility(Crown as Grantor)
Version 03-28-13 2
Business Ugi.Number; " ' t11.5
Site Name: Kf1 e
IN WITNESS WHEREOF, Grantor and Grantee having read the foregoing and intending to be legally
bound hereby,have executed this Agreement as of the day and year first written above.
GRANTOR:
GLOBAL SIGNAL ACQUISITIONS IV LLC,a Delaware
rj/15760/G 0,Y44.1 f limited liability company
Witness
Witness Print Name: 13^+c✓t U vt5
Print Title: /€tlariajC�
GRANTEE:
COLLIER COUNTY,a political subdivision of the State of
Florida
AS TO COUNTY:
DATED: r..p' Q rl
ATTEST: BOARD • OU. Y COMMISSION 'S
DWIGHT BROCK;Clerk COLLIE:// .. TY,FLORIDA
/
# By:
,Depu Ier PENNY TAY Or,CHAIRM
ttest as to Chi 's
signature only]
Approved as to form ant Irp ility
vx ?' c
Assistant County Attt' Ly
ACKNOWLEDGEMENT
State/Commonwealth of I r LSC.&. ,\�\�
County of th SiOri) j
On this, the 36 day of Ju-n G , 2017, before me, the undersigned officer in and for the above-
stated jurisdiction, personally appeared By-1 ,j wi9e( [signer's name], who acknowledged him/herself
to be the 0c-cad-writ aegelez.5C/ [title] of GLOBAL
SIGNAL ACQUISITIONS IV LLC, a Delaware limited liability company and that that he/she, being authorized to
do so,executed the foregoing Easement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/l
'p. ° TERRI ANELLO Notary Public
MY COMMISSION#FF188523
'.? EXPIRES January 11,2019
,(407)398-0153 FlondallotaryService.corn
Easement for Access and Utility(Crown as Grantor)
Version 03-28-13 3
Business Unit Number:878275
Site Name:Barfield Land
EXHIBIT"A"
BOLD LINES DEPICT SR-29 DRAINAGE EASEMENT
(A 100 foot wide strip of land lying east of and abutting the right-of-way of State Road SR-29 and located
on the lands of the Grantor in Section 8, Township 48 South, Range 30 East, Collier County, Florida)
508 48 30
N
CENTERLINE OF SR-
29
17 48 30
Drawing not to scale.
Easement for Access and Utility(Crown as Grantor)
Version 03-28-13 4