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G & I VI BAY COVE LLC (2)Return To: Earl Barrett Engineering Dept. City of Clearwater P.O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 20-29-16-00000-230-0400 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009252191 09/23/2009 at 02:04 PM OFF REC BK. 16706 PG: 1024-1029 DocType:EAS RECORDING: $52.50 TEMPORARY CONSTRUCTION EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, together with other good and valuable consideration as provided herein, and the benefits to be derived therefrom, G&I VI BAY COVE, LLC, a Delaware limited liability company ("Grantor") c/o DRA Advisors, LLC, 220 East 42nd Street, 27th Floor, New York, N.Y. 10017 as owner and holder of legal and equitable title In and to the real property described herein, hereby grants and conveys to the CITY OF CLEARWATER, FLORIDA., a municipal corporation ("Grantee"), ingress, egress and easement over and across the following described lands, lying and being situate in the County of Pinellas, State of Florida, to wit: A twenty-foot (20.00') Temporary Construction Easement over and across the South twenty feet (20.00') of the North 55 feet of the following described property ("Easement Property"): Government Lot Two (2), less the North 825.00 feet, and less the West 149.00 feet roads rights of way thereof, lying in Section 20, Township 29 South, Range 16 East, City of Clearwater, Pinelas County, Florida, being depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof (the "Property"). The easement rights hereby granted are for ingress, egress and construction purposes of the City of Clearwater, Florida. The rights granted herein are temporary and will expire automatically twelve (12) months following commencement of construction in accordance with 100'%% plans and specifications of Grantee's Tropic Hill Drainage Improvement Project 99-0018-EN", the details of which are incorporated herein and by this reference made a part hereof, or upon the completion of such construction project, whichever shall occur sooner, unless extended by written agreement of the parties hereto. In consideration of the rights granted herein, Grantee, its employees, contractors, agents or designees agree that all persons entering upon the Property by virtue of the rights herein granted shall do so at their own risk and Grantee hereby releases (and Grantee shall cause each of its contractors, subcontractor and agents to release in writing) Grantor from and against any liability, loss or damage to person or property which Grantee, its contractors, subcontractors or agents may incur as a result of or in connection with entering the Property or the activities to be performed in connection with this Temporary Construction Easement. Grantor accepts no liability whatsoever for any claims for injury or damages in connection with this grant of temporary easement. Grantee, to the extent permitted by Florida Statues 768.28, agrees to indemnify, defend and hold harmless Grantor from and against claims, demands, actions, judgments, injuries, damages, losses, costs and expenses, including without limitation attorneys' and professional's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees negligence in the use or occupation of the Easement Premises or. Property. Nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto, in addition, nothing contained herein shall be construed as creating third party beneficiaries or as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement. Any constriction performed at the Property in conjunction with this Temporary Construction Easement shall be performed in a manner so as to minimize interference with the use and enjoyment of the Easement Property and Property- by Grantor, the residents of the Property and their respective invitees and licensees, 129383.00401/21697443v.4 Restoration of the easement premises to equal or better condition as existed prior to commencement of the aforementioned project will be completed by Grantee, at Grantee expense, not later than project completion. Grantee and its employees, agents. or contractors will not undertake any work or construction on the Property, nor enter upon the Property until it has received written approval by Grantor, which shall not be unreasonably withheld or delayed, of the construction schedule and the plans and specifications related to all aspects of such construction, including without limitation, staging and storage plans, construction vehicle parking and haul road plans, grading plans, barricade and fencing plans, emergency exit plans, an overall phasing plan, resident access plan, utility plans, traffic flow plans, sign and graphics plans and any and all other plans necessary to secure and insure reasonably uninterrupted access to, parking for and operation of the Property by Grantor, the residents of the Property and their respective invitees and licensees (hereinafter called "Plans"). Once Grantee receives Grantor's written approval of the Plans and commences the work on the Property, Grantee shall prosecute, and cause its contractors to prosecute, such work with due diligence to its completion and in accordance with applicable law. Grantee shall keep Grantor and the Premises free from all liens, stop notices and violation notices relating to any construction at the Property and shall cure or satisfy same within twenty (20) days of receipt of notice thereof. Grantee shall cause all contractors with which it has a contractual relationship working on the Property to carry (i) liability insurance policies covering all accidents, injuries and property damage in connection with the work in an amount not less than $1,000,000, (ii) Workers Compensation and Employer's Liability Insurance with limits of not less than $500,000, or such higher amounts as may be required from time to time by applicable laws, and in any event sufficient to protect Grantee's contractors and such contractor's subcontractors from liability under applicable law, and (iii) if any automotive equipment is used in connection with the construction, Comprehensive Automobile Liability Insurance, including the ownership, maintenance and operation of any automotive equipment, owned, hired, or rented in an amount not less $1,000,000 for injuries sustained in any one accident and property damage liability in an amount not less than $1,000,000 for each accident. Such insurance policies shall have the interests of Grantor, Red Mortgage Capital, Inc. and Fannie Mae covered, as additional insureds. Insurance required herein shall be provided by companies duly licensed or admitted to transact business in the State of Florida, and maintaining during the policy term a "General Policyholders Rating" of at least A-, X, as set forth in the most current issue of "Best's Insurance Guide". Grantee and its contractors and the contractor's subcontractors shall not do or permit to be done anything which invalidates such insurance policies. Grantee, through its contractors, shall five (5) days prior to entry onto the Property, deliver to Grantor copies of policies of such insurance or certificates with appropriate endorsements evidencing the existence and amounts of the required insurance. Grantee, through its contractors, shall, at least thirty (30) days prior to the expiration of such policies, furnish Grantor with evidence of renewals or "insurance binders" evidencing renewal thereof. Grantee shall cause each of its contractors with which it has a contractual relationship and agents entering the Property or performing construction at the Property, whether such construction is performed by the contractor or its subcontractors, to acknowledge and agree in writing that their entry onto the Property and their contract with Grantee shall be subject to, and they shall comply with, the provisions of this Temporary Construction Easement, Grantee shall use its best efforts to cause each of its contractors with which it has a contractual relationship and agents entering the Property or performing construction at the Property, whether such construction is performed by the contractor or its subcontractors, to acknowledge and agree in writing that Grantor shall be a third party beneficiary of all of Grantee rights (but not obligations) tinder all contracts entered into by and between Grantee and such contractors, subcontactors and agents entitling Grantor to all of the rights, benefits and privileges afforded to Grantee raider such contractors, including without limitation any indemnification and release protections. Such best efforts shall include, but not be lirnited to, including as a requirement in any request for bid or request for proposal from any such contractor, that such contractor shall acknowledge and agree in writing that Grantor shall be such third party beneficiary of all construction contracts entered into by such contractor and Grantee. 129383.00401/21(97443x.4 2 q "IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this 1 day of , 2009. G&I VI BAY COVE LLC, a Delaware limited liability company By: G&I N'I Mezz Wrangler LLC, a Delaware limited liability company, its sole member By: G&I VI Wrangler LLC, a Delaware limited liability company, its sole member By: G&I VI Investment Wrangler LLC, a Delaware limited liability company, its maw g member By: ? Ak Nam .. Joan n?ese Title: Vice President STATE OF NEW YORK ) )ss: COUNTY OF NEW YORK ) The fo ay of AVOR5f 2009 by /C r, cm z going instrument was acknowledged, this Ad V- P, of G & I VI Investment Wrangler LLC, a Delawar ted liability company, the managing member of G&I VI Wrangler I.LC, a Delaware limited liability company, the sole member of G&I VI Mezz Wrangler LLC, a Delaware limited liability company the sole member of G&I VI Bay Cove LLC, a Delaware limited liability company, on behalf of the company. SHe ( 7) is personally known to me or ( ) has produced as identification - aA4? &4111? NOTARY PUBLI Notary Pubbc -SkIte of New York [Notarial Seal] NO. 01906195979 Dua111Rd In RlChMOM County W Com uslon Eg*w Nov 3, 2012 Printed Name of Notary 1293 83 - 00401 / 21 697443v. 4 3 CONSENT & OINDER RED Mortgage Capital, Inc., an Ohio Corporation, as Attorney-in-Fact for FANNIE MAE, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U. S. C. §1716, et seq.' as amended from time to time, being owner and holder of an equitable interest in the real property described herein by Virtue of that certain Assignment of Mortgage made and entered into as of March 3, 2008, with RED MORTGAGE CAPITAL, INC., an Ohio corporation, as recorded in Official Records Book 16179, Pages 2676 -2682 of the public records of Pinellas County, Florida; does hereby join with Grantor and consents to the grant of easement as conveyed in the herein described Temporary Construction Easement as same shall encumber the real property more particularly described in said instrument, and does hereby subordinate all of its right, title, interest and claim in the aforementioned lien interest to the easement rights Grantor has conveyed therein. RED Mortgage Capital, Inc., an Ohio Corporation, as Attorney- in-Fact for FANNIE MAE, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. 51716, et seq., as amended from time to . e. By: Name Title ?/D STATE OF O , l a ) ss: COUNTY OF-- The fMier ing instrument was acknowledged before me this At day of 2009, by `a cwr as U t ef- " re51 d E. - of RED Mortgage Capital, Inc., an Ohio Corporate , as Attorney-in-Fact for FANNIE MAE, a corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. §1716, et seg., mortgagee in the above-described lien, who executed said instrument and ackno ledged the execution thereof to be the free act and deed for the uses and purposes therein expressed, and who [s personally known to me, or who [ ] did provide as Identification. ?t???•?ot-? NOTARY PUBLIC UXh &Gmft swof ft , "EON 02112014 Nntr?1N1N? 129383,00401/21697443v.4 2 EXHIBIT "A" (Page 1 of 2) Bay Cove Apartments - Temporary Construction Easement Legal Description A twenty-foot (20.00') Temporary construction Easement over the North twenty feet (20.00') of the following described property: Government Lot Two (2), LESS the North 860.00 feet, and LESS the West 149.00 feet roads rights of way thereof, lying in Section 20, Township 29 South, Range 16 East, City of Clearwater, Pinellas County, Florida; together with, That portion of Government Lot Two (2), Section 20, Township 29 South, Range 16 East, City of Clearwater, Pinellas County, Florida, being more particularly described as follows: Government Lot Two (2), the South 72.23 feet of the North 952.23 feet, of the East 46.65 feet of the West 195.65 feet thereof, lying in Section 20, Township 29 South, Range 16 East, City of Clearwater, Pinellas County, Florida. i Scale 1"=300 EXHIBIT "A" This is not c survey JAPANESE GARDENS MOBILE ESTATES I I ARBOR I rn = l N ? z T _a I ? Z rn Vi z I ? I I I N 20' A W 149' 5 72.23' BAY I W 195.615' E 46.65' I I I I ? SHORELINE OFFICE "lt? NORTH CENTER GOVT LOT 2 N 20' Temporary Construction Easements COVE APTS. ODVT LDT 2 ?W m ?m b 0 WYT l Z 1 0 I M P E R I A L v 0 W I ¢ V) COVE C O N D O is anal CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT D. KING LEGAL SKETCH LcL2008-1 acorn oT TEMPORARY CONSTRUCTION SWMT E eARRETT EASEMENTS 2 of 2 5/06/2008 BAY COVE APARTMENTS 0- 2azas-188 310A 7/A