FCC Aviamar Hawk's Nest Fiddler's Creek Consent to Use Easement Agreement INSTR 5802342 OR 5705 PG 751
RECORDED 12/12/2019 9:44 AM PAGES 4
PROJECT: PS 316.05 CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PARCEL: Hawk's Nest Fiddler's Creek COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC $35.50
CONSENT TO USE EASEMENT AGREEMENT
THIS AGREEMENT, made this day of 1J1-NQm\� - , 2019,
between the Board of County Commissioners of Collier County, Florida, as the
Governing Body of Collier County and Ex-Officio the Governing Board of the
Collier County Water-Sewer District (hereinafter referred to as "County") and FCC
AVIAMAR LLC, a Florida limited liability company, whose mailing address is 8156
Fiddler's Creek Parkway, Naples, FL 34114-9430 (hereinafter referred to as "FCC
Aviamar") and Hawk's Nest at Fiddler's Creek Condominium Association, Inc., a
Florida not-for-profit corporation, whose mailing address is c/o of Cardinal
Management Group of Florida, Inc., 4670 Cardinal Way, Suite 302, Naples, FL 34112
(hereinafter referred to as "Hawk's Nest").
WHEREAS, County is the holder of certain County Utility Easements as
identified in Official Records Book 2539, Page 723, and as shown on Tract F-12A of
Fiddler's Creek Phase 1 B, Unit Three recorded in Plat Book 29, Page 77 through 85, all
of the Public Records of Collier County, Florida (hereinafter collectively referred to as
the "Easements"); and;
WHEREAS, FCC Aviamar is the current owner of the property described as
Tract F-12A; and;
WHEREAS, Hawk's Nest constructed a permanent monument sign (hereinafter
referred to as "Sign") on a portion of the County's Easement and on FCC Aviamar's
property; and;
WHEREAS, FCC Aviamar finds Sign placement acceptable; and
WHEREAS, County is willing to consent thereto subject to the following terms,
stipulations and conditions:
1) Not withstanding any provision of the Easements which prohibits such
construction and installation and subject to the terms, stipulations and conditions stated
herein, consent is hereby given by County to Hawk's Nest to retain their existing Sign
currently where it is within the County's Easement.
2) Hawk's Nest accepts this "Consent to Use Easement Area" with full
knowledge of County's prior rights and existing facilities. This consent shall not be
construed to reduce or diminish County's prior rights in any way.
3) All of Hawk's Nest facilities located within the County's Easements shall
be utilized and maintained as to not, in any way, prevent the safe and uninterrupted
operation of and access to and across the Easements and facilities of the County.
1-11!S CONVEYANCE ACCEPTED BY THE
"O°Ftp OF COUNTY CONNISSIONERS,
!J!_IIER COUNTY, FLORIDA, I
"11P.SUANT TO AGENDA,
..tTED: 242ALLUTTEM NO. %1a 13 %
Hawk's Nest will not add any additional structures to the existing Sign. County reserves
the right to require relocation of Hawk's Nest's facilities within the County's Easements.
4) County shall not be liable in any manner for damages to, or the cost of
replacement or maintenance of all or any portion of said Sign improvements and
owner(s) of same hereby assume all risk and expense involved in the maintenance of
same.
5) Hawk's Nest hereby agrees to indemnify save, defend and hold harmless
County and FCC Aviamar (including, without limitation, their respective officers,
employees, agents, nominees and residents) from and against any and all losses,
damages (including without limitation, any and all consequential damages), costs,
charges, expenses, claims, demands, causes of action, accounts, sums of money,
reckonings, bounds, bills, covenants, controversies, agreements, promises, variances,
trespasses, executions and liabilities (including reasonable attorneys' fees and costs at
all levels and/or negotiations) whatsoever, at law or in equity, whether in tort, in contract
or otherwise which may be asserted or recovered against County and/or FCC Aviamar
(including, without limitation, their respective officers, employees, agents, nominees and
residents) whether asserted by suit, proceeding, defenses, counterclaims, setoffs or
otherwise, resulting from Hawk's Nest, its successors or assigns (including, without
limitation, any and all of its invitees, licensees, franchisees, guests, lessees,
employees, agents and nominees) use, enjoyment and occupancy of the Easements
pursuant to this Agreement. The foregoing indemnification and hold harmless provision
shall not, however, apply to any damages, expenses or claims therefore arising from
the sole negligence, gross negligence or willful misconduct of the County, its agents
and employees.
All of the terms and provisions of this Agreement shall be binding upon and shall
inure to the benefit of the heirs, successors and assigns to the parties hereto.
It is mutually understood and agreed that this Agreement, as written covers all
the agreements and stipulations between the parties and that no representation or
statements, oral or written, have been made, modifying, adding to or changing the
terms hereof.
IN WITNESS WHEREOF, the parties hereto, if individual, have executed by their
proper officer(s) duly authorized to such end. ,,,;o,+,.v.,:,,,
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ATTEST: . BOARD OF COUNTY CVVIMISSJQNERS
CRYSTAL K KIN,ZEL, Clerk COLLIER COUNTY, FLORIDA,LA'S THE
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Ap• oved as to : - -nd legality: WI rIAM L. MCDANIEL, J"., Chairman
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Jenni'A. :elpedio,Assis Vounty Attorney ^ '
Consent to Use Easement A _ eement N0%2
WIT►:i SES'
•
Witness#1 (Signature)
FCC AVIAMAR, LLC., a Florida
17 -)&h .t' �� limited liability company
Witness#1 (Print Name)
A
Ho h gy
Aubrey J. F.-rrao, as i s President
Witness#2(Signature) and not individually
'1) - ar
Witness#2(Print Name)
Consent to Use Easement Agreement 3
WITNESSES:
otv
A I_
Witness#1 (Signature) HAWK'S NEST AT FIDDLER'S CREEK
peke" / CONDOMINIUM ASSOCIATION, INC.,
peke (moo e a Florida not-for-profit corporation
Witness#1 (Print Name)
By;,, R, _ r_>t>17711-1
14 huck Salvaggion , President
Witness#2(Sig ure)
sdrvy-y‘ +/-
Witness#2(Print Name)
Consent to Use Easement Agreement 4