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Folio #00127440006 - Temp Right-of-Entry Project Immokalee Community Park INSTR 6102595 OR 5988 PG 1265 Folio Numbers 00127440006 RECORDED 7/27/2021 11:28 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$35 50 TEMPORARY RIGHT OF ENTRY AGREEMENT THIS TEMPORARY RIGHT OF ENTRY AGREEMENT (hereinafter referred to as the Agreement") is made and entered into by and between COLLIER COUNTY. a political subdivision of the State of Florida. whose mailing address is 3335 Tamiami Trail East. Suite 101. Naples. FL 34112 (hereinafter "Grantor). and NORTHSIDE NAPLES KIWANIS FOUNDATION, INC., a Florida corporation. whose mailing address is P.O. Box 770060, Naples. FL 34107 (hereinafter ' Donor ) and PRECISION CONTRACTING SERVICES, INC.. a Florida Corporation. whose mailing address is 15834 Jupiter. FL $(I1ereinafter Contractor"). 322Ig WHEREAS. the Grantor is the owner of real property located in Collier County. Florida, identified by the Folio number listed above where the Immokalee Community Park (Park) is located at 321 North 1st Street. Immokalee, FL 34142 (the"County Property): and WHEREAS, the County Property is the location of the Immokalee Community Park: and WHEREAS. the Donor has offered to donate 2 Spinner Bowls and 1 Tip Carousel with Brace and pay the Contractor to install the equipment at the Park: and WHEREAS. the Grantor desires to allow Contractor access to the County Property for the stated purposes, on the terms and conditions set forth herein: and NOW THEREFORE. in consideration of these premises. 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. Grantor hereby grants to Contractor the temporary license and right to enter over. upon. and across the County Property. at no cost to the Grantor. for the sole purpose of installing the playground equipment. 2. Contractor intends to work 6 days a week, Monday through Friday. from 7 AM to 7 PM. and on Saturday. 7AM to 5 PM. These are the standard operating work hours per Collier County. 3. The Grantor shall pay for all costs of recording the Agreement upon approval of said Agreement. 4. This Agreement shall be in full force and effect for ninety (90) days from the date said Agreement is accepted by the Collier County Board of County Commissioners. unless extended by mutual written agreement of the parties hereto. The Manager of Parks and Recreation or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional 60 days without further approval by the Board of County Commissioners. CAC' 5. Contractor shall install the playground equipment to the satisfaction of the Collier County Parks and Recreation Director or designee. 6. Contractor is aware that Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County. Florida. 7 The rights granted herein are conditioned upon the reasonable exercise thereof by Contractor. and Contractor agrees not to interfere with Grantor's use of the County Property. 8. Contractor hereby undertakes to indemnify and save harmless Grantor. its respective parent and affiliated companies. and agents. officers. directors, employees. members. partners. successors and/or assigns (the'Indemnitees"). from any liability or damages lndemnitees may suffer as a result of claims. suits. demands. damages losses. fines. penalties. interest. expenses. costs. or judgments against them arising out of Contractor's exercise of its right to enter the County Property for the purposes set forth herein. This indemnification includes claims, suits. demands, damages. losses, fines. penalties. interest. expenses. costs, or judgments arising out of personal injury. property damage. environmental contamination, and any other event in any way related to Contractor's use of the County Property for these purposes, no matter how remote, and shall include damages of any nature. whether compensatory, consequential. punitive or otherwise. all costs incurred in the defense of every claim, demand. cost or judgment. whether attorney fees or otherwise. and all costs incurred by Indemnitees in the enforcement of this Agreement, and will extend from the date of this Agreement until termination of this Agreement in writing by either party and as provided herein. Written termination of this Agreement shall in no way limit Contractor's obligations hereunder for claims, suits. demands. damages. losses, fines, penalties, interest. expenses. costs. or judgments of any nature, that arise out of Contractor's use of County Property prior to the date of the termination. This provision shall not apply to any damages suffered by Grantor as a result of the execution. recording and existence of this Agreement. 9. Contractor. prior to entering upon the County Property and at all times thereafter. shall obtain and maintain comprehensive bodily injury and property damage liability insurance on a per-occurrence basis with minimum limits of liability in an amount of Three Hundred Thousand Dollars (8300.000.00)combined single limit, and including a loss payable clause in favor of Grantor, and Worker's Comprehensive insurance in accordance with State requirements. naming Grantor as Additional Insured under the policies, and shall provide evidence of such insurance prior to use of the County Property. Grantor which shall include a provision that the insurance may be cancelled only upon thirty (30) days prior written notice to Grantor. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF. the parties hereto have set their hand on this the_day of 2021. CAO, Grantor: A ...... - 0 . , BOARD • INTY COM ON RS C i'YST'LKe\K Clerk COLLIER ' a I NTY, FLO ID ..... iiiti , -; , . : ,. . , rt• .‘ BY: aime8 .. ' i eputy Clerk Penny Taylor, Chair -west as, Approved as to nd le.. J r A elpedio Assistan • k Attorney ON r Donor NORTHSIDE NAPLES KIWANIS FOUNDATION (Signafire � AjT tl\V© INC., a Florida not for profi rporation (Print Name Z( f (Signatyre) P President (Print Name) � STATE OF /.4 COUNTY OF �'�kL/ The foregoing Temporary Right of Entry Agreement was acknowledged before� me by means of a physical presence or ❑ online notarization this p^�.� day of ��T7 � 2021, by % ome), Y (Title) on behalf of Northside Naples Kiwanis Foundation Inc., a Florida not for profit corporation. a is/are personally known to me; ifrt as/have produced his/her current drivers license;or ❑has/have produced as identification. Notary Signature - - :o.N"N' Notary Public State of Florida Print Name �a 2;-'i,/' %%"✓-" --, virTrent A mission �a My Commission GG 136058 Commission # Exp:_ �—z� ZS' o,f. Expires 08(20/202i ram• CAOJ Contr ctor: Precision Playgrounds, Inc (Sig afore) 45 Alabama Ave.Jacksonville,FL 32218 j °t jqi I2 arme) f( lature) Scott Craft: Preside N C .414.. 011 f.,\' �� (Print Name) STATE OF or-ida...._..__. i COUNTY OF 0£C J't ) The foregoing Temporary Right of Entry Agreement was acknowledged before me by means of physical presence or -1 one not rization this 9 day of j .� , 2021, by S ��/. /� �r�s�ifcn�K Cor4 ri• Cra-"' (Name), Ceb (Title) on behalf of Precision Playgrounds, Inc., a Florida corporation,who: // is/are personal y known to me; o has/have produced his/her current divers license;or ❑has/have produced _as identification. Notary Signature / ,. Print Name J I X Commission ;`?A 5/1712 _Exp:/0/9 21 Kenya Dixon ' ... 1) Notary Public a —State of Florida - �l,. Comm*HH054872 s'r ;. o. Expires 10/19/2024