Folio #66277840008 (Clam Pass Gate) INSTR 5588776 OR 5534 PG 3562
PROJECT: Clam Pass Gate RECORDED 7/20/2018 9:07 AM PAGES 5
Folio: 66277840008 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$44.00
ACCESS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a political subdivision
of the State of Florida,whose post office address is 3335 Tamiami Trail East,Suite 101,Naples,FL 34112
hereinafter known as "County," its successors,assigns, agents, or contractors, for and in consideration of
Ten Dollars($10.00)and other valuable consideration to them in hand paid,does hereby grant unto CITY
OF NAPLES,a municipal corporation of the State of Florida, whose post office address is 735 Eighth
Street South, Naples, Florida 34102, hereinafter after known as "City," its successors, assigns, agents, or
contractors,the license and right to enter upon the lands of the County,as described on Exhibit"A,"which
is attached hereto and made a part hereof, hereinafter known as "Property," to provide limited access to
City's property for the purpose of clearing vegetation and debris. City's property is located immediately
adjacent to the south boundary of County's property and is described on Exhibit "B," which is attached
hereto and made a part hereof, hereinafter known as"Land."
(Wherever used herein the terms "County"and "City" 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 RIGHTS AND PRIVILEGES herein granted shall run with the land and remain in full force
in perpetuity.
ADDITIONALLY, the rights and interests granted hereunder are conditioned upon the reasonable
exercise thereof by City,and the following terms:
City shall access Land through a locked gate in the wall on the south side of the Property. City
shall lock the gate at all times to prevent public access to Land.
City will have the right to access Property at will to inspect and perform minor maintenance such
as trimming, pruning, light debris removal, etc. on Land. In the event more extensive maintenance, such
as tree removal and/or heavy debris removal, is to be performed on Land, City and County shall schedule
a mutually agreeable time at least five (5) days in advance of such maintenance. County shall not
unreasonably withhold City's request to access and enter Property for the purposes set forth herein.
Except in the event of an emergency,City may access and enter Property from 7:30 AM to sunset,
and may not access and enter Property on any holiday or holiday weekend,or when the Property and parking
lot are in use for a special event.
City may use up to a maximum of five (5) parking spaces closest to the gate for loading and
unloading purposes. City must secure the five(5) parking spaces in advance with cones and caution tape
or such other barriers that may be appropriate. The five (5) parking spaces may be used by City for a
maximum of fifteen (15) days from the first day that maintenance is to be performed, unless otherwise
mutually agreed between City and County.
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City shall not hinder or impede access to the kayak launch area and/or turn around drive at the
southwest corner of County's property,unless otherwise mutually agreed between City,County and Pelican
Bay as required with restrictive covenants.
City, at City's sole cost and expense, shall repair, restore or replace, damage caused to Property,
the wall,and/or gate as a result of City's exercise of its rights and/or obligations hereunder.
City shall be responsible for obtaining, at City's sole cost and expense, a commercial general
liability policy that shall name County as an additional insured. Commercial general liability limits shall
not be less than One Million Dollars($1,000,000.00)per occurrence,and Two Million Dollars($2,000,000)
aggregate. City shall provide County with a copy of the foregoing policy or with a certificate of insurance
prior to entering Property and shall further provide evidence of renewals of the same prior to the expiration
thereof.
DATE APPRDV 11Y BCC: .-1\VAl.%
�to 0$.asyk y„� .1 by1.
ATTEST BOARD OF ••UN '' COMM • P S
-41t0015; ��*° t, 1 , 0.er COLLIER 'OU _• ' /
y-, ,•.:e''',r :clerk, ''
)�i, ' e ...op BY: j AA
Attes s to Chairman's D''° 3� A cy rolls, Chairman
signature only,
Approved as to form and le l ality:
Jennifer elpedio, �j \\
Assistant County Attorney `�"' -\f•'
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DATE APPROVED BY BCC:
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A FIAT:• s,-..:";,-• '•. CITY OF NAPLES
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PA'IRI IA=RAMBQ K,..Clay Clerk Print: �� ����;
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Approved ahrx�� ott �egality:
Ro D. Pritt,City Atto
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EXHIBIT "A"
That portion of Parcel "D", PELICAN BAY UNIT 1, according to the Hat thereof, recorded
in Plat Book 12, Pages 47-52, Public Records of Collier County, Florida; further described
in Official Records Book 1234, Page 1373 and Official Records Book 1234, Page 1371,
being Folio Nos. 00239520005 and 66277840008,
The particular parking lot area being reflected on the attached Overall Site Plan.
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EXHIBIT "B"
Lot 89, SEAGATE SUBDIVISION UNIT ONE, according to the Hat thereof, recorded in Plat
Book 3, Page 85, Public Records of Collier County, Florida; further described in Official
Records Book 4340, Page 3546, being Folio No. 19135001787,
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