Conservancy's Right to EnterPRO)ECT: Gordon River Greenway Project
Folio: 61940120005
Right of Entry accepted by BCC
Pursuant to Resolution 2010 -39
RIGHT TO ENTER
INSTR 4830034 OR 4912 PG 2452
RECORDED 4/24/2013 4:03 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @70 $0.70 REC $18.50
KNOW ALL MEN BY THESE PRESENTS that CONSERVANCY OF SOUTHWEST FLORIDA,
INC., a Florida not - for - profit corporation, whose address is 1450 Merrihue Drive, Naples, FL 34102,
hereinafter known as "Grantor ", for and in consideration of Ten Dollars ($10.00) and other valuable
consideration to it in hand paid, does hereby grant unto COLLIER COUNTY, a political subdivision of
the State of Florida, whose address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its
successors, assigns, agents, or contractors hereinafter known as "Grantee ", the temporary license and
right to enter upon and cross the lands of the Grantor, as described in Exhibit "A ", which is attached
hereto and made a part hereof, for use as access for construction vehicles to facilitate the construction of
the Gordon River Greenway Project improvements on Grantee's adjoining property to the North. The
Right to Enter is to be used solely for passage to and from the Grantee's property to the North and
Goodlette Road. It may not be used for parking or storage of equipment and vehicles.
(Wherever used herein the terms "Grantor" and "Grantee" 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.)
This Right to Enter shall remain in full force and effect for the period of May 1, 2013 to April 30,
2014. The Right to Enter shall cease to exist after April 30, 2014.
Grantor shall provide Grantee a minimum of 48 hours prior written notice if Grantor has an event
scheduled. In such case Grantee must suspend utilization of the lands described in Exhibit "A" until the
completion of the event. The 48 hours prior written notice may be transmitted via electronic mail to the
Parks & Recreation Director with a copy to the Real Property Management Manager.
This Right to Enter is conditioned upon the reasonable exercise thereof by Grantee. By its
acceptance of this Right to Enter Grantee agrees: (i) not to unreasonably interfere with Grantor's use of
the lands described in Exhibit "A "; and (ii) to provide Grantor with advance notice when exercising its
rights hereunder; and (iii) that it is and will be responsible to Grantor for any property damage, injury, or
loss of life that may result from its use of the Right to Enter and to promptly repair any and all damage at
Grantee's expenses and pay all applicable costs, expenses and damages. Grantee further agrees that it
shall, at the Grantee's cost, repair any damage caused to Grantors' property as a result of Grantee's
exercise of its rights hereunder.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in his
name this IJ\"P— day of , 2013.
Conservancy o Southwest Florida, Inc., a Florida
not - for -pro ' orporationC
Witness ( N nature) - By:
Name: _ >, L`_: v/ i �' Andrew McElwaine, its President
r (Print or
Witness (Signature) L. I- ,11b
Name:
(Print or Type)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Right To Enter was acknowledged before me this (.N- day of
a" . 2013, by ANDREW MCELWAINE, as President, on behalf of CONSERVANCY OF
SOUTHWEST FLORIDA, INC., who is personally known to me or who has produced
as identification.
(Affix Notarial Seal)
Approve as to forr i an *gal sufficiency
Jeff E. Wright, Assistant County Attorney 6
(Signaturb of Notary Public)
Mc-ra'amt OAF-. 1 erCAZX
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission #
My Commission Expires:
JtY P ...
MARGARET ANN DARDIS
Notary Public - State of Florida
• =
My Comm. Expires Nov 12, 2013
'•° �� ��
Commission # 0D 939945
Bonded Through National Notary Assn.
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