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Carlton Lakes Master Association Temporary Access Easement INSTR 5694408 OR 5615 PG 1921 PROJECT: Carlton Lakes Wall Repair RECORDED 4/5/2019 1:46 PM PAGES 5 FOLIO#: 00184161904(portion) CLERK OF THE CIRCUIT COURT AND COMPTROLLER PARCEL 15390 Livingston Road(portion) COLLIER COUNTY FLORIDA REC$44.00 TEMPORARY ACCESS EASEMENT AGREEMENT THIS TEMPORARY ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ("County") whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 and CARLTON LAKES MASTER ASSOCIATION, INC., a Florida not-for-profit corporation, ("Association"), whose mailing address is C/O Gulf Breeze Management, 8910 Terrene Court, Suite 200, Bonita Springs, FL 34135. WHEREAS, the County owns lands described in Exhibit "A" ("Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, the Association has requested that County grant to Association a Temporary Access Easement as described in Exhibit "B" ("Easement"), which is also attached hereto and made part of this Agreement. The purpose of the Easement is to provide Association with the access and right to enter over, upon, and across the Property to facilitate Association's repair and replacement of the wall that is on lands owned by the Association, and WHEREAS, the County desires to convey a Temporary Access Easement to the Association for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Association has agreed to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the foregoing, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. County shall grant Association an Easement over, upon, and across the Property. The Easement shall expire within the sooner of 30 days from the effective date of this Agreement, or upon Association's completion of repair work on the section of wall that is immediately adjacent to the Property and on lands owned by Association ("Construction Period"). If necessary, the Easement may be extended in writing by mutual agreement between County and Association. The effective date shall be the date on which the Association and County have mutually agreed to a construction start date, 2. Association acknowledges that County will have access to the Property as needed during the Construction Period and that time is of the essence to complete construction within the Construction Period. Failure to complete construction and remove all equipment and restore County lands within the Easement area prior to expiration of the 0 1 6 C Construction Period shall, at the County's sole option, result in immediate termination of this Agreement and Easement. 3. Association shall pay all costs for recording the Easement, as well as any other costs associated with the Easement. 4. Association is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, 5. Association acknowledges that the Property will not be disturbed in any manner other than for the routine maneuverability of manpower and equipment related to the repair and replacement of the wall that is immediately adjacent to Property. Association will exercise extreme diligence and care to protect all well sites located on Property. Any damage to Property, or any improvements thereon, including well sites, shall be repaired at the sole cost and expense of Association. 6. Association shall provide the construction superintendents name and phone number to County staff prior to entering the Property. Association shall not commence any work or enter the Property until Association and County agree to a mutually acceptable date to commence construction and enter Property. Association shall coordinate construction activities with County, and shall provide a list of all contractors that are to enter the Property, and shall only hire or engage contractors that are licensed and insured, Association shall locate all underground utilities prior to commencement of construction. 7. Prior to completion of construction and within the Construction Period, Association and/or its designee, at Association's sole cost and expense, shall return impacted areas of the Property to preconstruction conditions or better. Association and/or its designee will repair or replace, at Association's sole cost and expense, any hardscape or landscape surface and/or trees and landscaping, and/or fencing which have been removed or damaged with the same or equivalent materials, and to the satisfaction of County. 8. Association shall indemnify, defend, save and hold harmless the County against and from, and agrees to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County. This provision shall survive Closing. 9. Association shall be responsible for obtaining, at Association 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 Five Hundred Thousand Dollars ($500,000.00) per occurrence, Association shall provide County with a copy of the foregoing policy or with a certificate of insurance prior to the commencement of work, and shall further provide evidence of renewals of the same prior to the expiration thereof. 10. Should Association be in default of any terms or conditions of this Agreement, the Easement shall terminate immediately, and Developer or its contractors, guests, and representatives, shall have no right to enter the Property. o'4) 16C 2. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. This Agreement and the terms and provisions hereof shall be effective as of the date the Easement has been recorded and the parties have mutually agreed to a construction start date, and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits, IN WITNESS WHEREOF, the parties hereto h e e)(eputed this Temporary Construction Easement Agreement on this AO day of (1c.,--/o4er , 2018. Dated Project/Acquisition Approved by BCC:// Z318 ri)e/Kia „at+ /6 CZ AS TO COUNTY: DATED ‘o ' 3\\`‘. ••• ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNI BOARD:F THE COLLIER COUNTY ATER-Si ir DISTRICT CRYSTAL K. KINZ L, INTERIM C RK BY: Attest as to ChainiiiPPutY Clerk Atirr Sol ar hairman signature only. AS TO ASSOCIATION: ESS : CARLTON LAKES MASTER ittness#1 (Signature) ASSOCIATION, INC. a Florida not for profit company t E Pito(As et Witness • (Print Name) BY: ejialt 6WW1ed1" Name:CAA,( f-(Doerff1-0 Witness#2(Signature) Title: 'Tzzs1uCic..:Ck VVitne 2(Print Name) Approved as to form and legality: ‘-a '4‘ • Jen'r er A. Belpedio,*tant County Attorney d41') 1 6 C 2 EXHIBIT A PROJECT FOLIO# 00184161904(portion) PARCEL Repair 1583n190tcnLLivaiiikagsstWonaRil Road(portion) ks ., '. t .„ ;1, .* ,,-;:" e...t. • ft .N S ',' firtnrit LI A.,..i.,."'" "*"*"*."14** • \ °. . 4 ,,,,a' ,,,,' • Temporary Access t 1 1 Easement 2,477 ft x 88 ft ,,. 41 4 ' ' ,' - . ( .. , , . r...i , L t DIMUT - ; 17' ,• , ,, , - ..,,,:: l!,.,:, ''',.-4,,,",'.. ,.,0 , 1 r. " 3 1 ` ,ilii..,...a„ ,4,i « *al t.- • - , ,, . 4,,(": ,'''...'• i ., — * -.., : ";."'<.•",:. 4 - ,rii,a,'It,Va 3'4 '''\','*':lc,, - '''. ,:i ,,. -,.• ft "'''.3 .,,,. . 3.1 ''*. 3.1‘,•" • 3,*. "3.; 3',-Lq3331*"41 -•:-, '.1.3t3333, -3'.'' 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FOLIO#: 00184161904(portion) • PARCEL 15390 Livingston Road(portion) 441, 'it / of ,,�,�,/ TEMPORARY ACCESS EASEMENT THIS EASEMENT is made and entered into this_, day of , 2018. by BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing office address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Grantor"), and CARLTON LAKES MASTER ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantee"), whose mailing address is C/O Gulf Breeze Management, 8910 Terrene Court, Suite 200, Bonita Springs, FL 34135. (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. a temporary 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 temporary access to Grantor's lands described in Exhibit "A." to facilitate Association's repair and replacement of the wall that is on lands owned by Association. This Easement shall expire and terminate within the sooner of 30 days from the effective date of this Easement, or upon Association's completion of repair and replacement work on the wall that is immediately adjacent to the lands described in Exhibit"A," or upon Grantee's default of any terms or conditions in the Temporary Access Easement Agreement. The Effective date of this Easement shall be the date of recording. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT CRYSTAL K. KINZEL, INTERIM CLERK BY: ,Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: 032 Jennifer A. Belpedio, Assistant County Attorney (6