Right of Entry PROJECT:Lely CDD Water Use Permit Monitor Wets
INSTR 5218068 OR 5233 PG 2223
RECORDED 1/15/2016 3:13 PM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEM, NT (hereinafter referred to as the "Agreement") is
made and entered into on this 8T- day of r' 6CCMbb , 2015, by and between
LELY COMMUNITY DEVELOPMENT DISTRICT, a political subdivision of the State of
Florida, its successors and assigns, (hereinafter referred to as "Owner"), whose mailing
address is 5672 Strand Court, Suite 1, Naples, FL 34110, and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter
referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101,
Naples, Florida 34112-5356.
WHEREAS, South Florida Water Management District (hereinafter referred to as
"SFWMD") had issued water use permit 11-00044-W within the boundary of the Lely
Community Development District, located in Collier County, State of Florida, and being
more particularly described in Exhibit "A" (hereinafter referred to as the "Property"),
which is attached'hereto and made a part of this Agreement;
WHEREAS, under the wetland monitoring program, Owner is to submit the water
level monitoring data tor Groundwater Well WMW#1, the location of which is shown in
Exhibit "B", to SFWMD and the County on an annual basis;
WHEREAS, County is also to submit the water level monitoring data to SFWMD
on an annual basis; •
••
1
WHEREAS, SFWMD is desirous that Owner provide to County:a :temporary
license and right to enter upon the lands of Owner for the fur-pose"of aCcessing existing
groundwater well WMW#1, and to collect additional:data? should the Owner cease
monitoring activities during the required monitoring period for the County; and
WHEREAS, Owner desires to provide a Right of Entry on and over the Property to
County for the stated purposes, on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of these presents, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
CLO
1. Owner shall grant to County a Right of Entry on and over the Property, to access
WMW#1 for the life of Water Use Permit 11-00044-W, or until SFWMD terminates
such permit.
2. Owner and County acknowledge that by recording of this Agreement in the Public
Records of Collier County, Florida, the County will be granted the right of entry to
Owner's property.
3. Owner and County acknowledge, subject to the limitations set forth in Section
768.28, Florida Statutes, County shall indemnify and hold harmless Owner,
including its officers and employees, from any and all liabilities, damages, losses
and costs, including but not limited to reasonable attorney's fees, to the extent
caused by the negligence of County in the performance of this Agreement.
4. Owner shall be named as an additional insured on applicable liability policies of
County as to the operations under this Agreement.
5. The County shall pay for all costs of recording the Agreement in the Public
Records of Collier County, Florida. All other costs associated with this transaction
shall be borne and paid by County. Each party shall be responsible for payment of
its own attorney fees, if any.
6. Owner is aware and understands that this Agreement is subject to acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
8. This written Agreement, including the attachment hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
This space intentionally left blank
2
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
/,2)4'day of yumuzkAT-- , 2014.
Date approved by BCC: I \ iL\20 I (,) fr� ' c f�G�. /ylr 16 K-/
AS TO COUNTY: DATED: 11 11-1 2- i(a
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
a n' COUNTY WATER-SEWER=DISTRICT
_. �.
RY:
Attest as to thiliiVigHti Clerk DONNA FIALA :, Chairman
Ap 9 rm and legality:
Jennitr A. Belpedio,fssistant County Attorney
AS TO OWNER:
DATED: 1*i1b
A
— LELY COMMUNITY DEVELOPMENT DISTRICT,
Witnes _ • - a political subdivision of the State of Florida
Name: 3kNfrl h
�,//�� (Print or Type)
D�l'X41+-K-L � BY:1`
Witness(Signature) Name: O
Title: lltat`
Name: nrl� EWIt°it�son
(Print or Type)
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EXHIBIT A
PROPERTY DESCRIPTION
The outline of the Le ly Community Development District ("Property") is shown below
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EXHIBIT B
Approximate Location of WMW#1
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