Backup Documents 01/12/2016 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A-Cvd---ft)
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorne ffi n I.rter�
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney d ``\i4V(10
2. BCC Office Board of County
Commissioners \A\14/ 1,1V-\\\L _
3. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917
Contact/ Department
Agenda Date Item was + / Agenda Item Number ' i
Approved by the BCC 1Zv l V/ 1
Type of Document p\ EA, Number of Original
Attached 1� � U Documents Attached
PO number or account Account: Fund Ci LCenter
number if document is Ob. o e 649030, Pro'ect
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? C'?1�
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters, must be reviewed and signed � ,�
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the — N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1ry 1 ,and all changes
made during the meeting have been incorporated in hthe2.attached document. The
County Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the ti �
BCC, all changes directed by the BCC have been made, and the document is ready for th, 41N—a
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 11/30/12
Memorandum 1 6K I
TO: Minutes & Records
FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management
DATE: January 12, 2016
RE: Lely CDD Water Use Permit Monitor Wells
This item was approved by the BCC on January 12, 2016, Agenda Item 16K1.
Please attest to Commissioner Nance's signature as Chairman on the Right of Entry
Agreement. Once attested, please forward the Right of Entry to the Recording
Department for recordation. A recording form is attached.
Once recorded, please forward a copy of the recorded Right of Entry along with the recording
receipt, by email, for my files.
Please contact me if you have any questions or comments at Extension 8917.
Thank you!
PROJECT:Lely CDD Water Use Permit Monitor Wells
INSTR 5218068 OR 5233 PG 2223
RECORDED 1/15/2016 3:13 PM PAGES 5
DWGHT E BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44 00
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEft;ENT (hereinafter referred to as the "Agreement") is
made and entered into on this 81-Y-1 day of __DEceiviba, , 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;
WHEREAS, SFWMD is desirous that Owner 'provide to County :a .temporary
license and right to enter upon the lands of Owner for the pur-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:
1
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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
S
16K 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of cun�etAA-( , 2014'.
Date approved by BCC: 1' i2-\2,0 1 (42 jeff ?in-Oicc, //i 1(o K./
AS TO COUNTY: DATED: 1111-1 2.6 Ica
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
,# r , % COUNTY WATER-SEWER DISTRICT
t1230)j1/4-aeA— C-e—_, RY: XL.) j-id.4 '
7 Aust as to ham#9�fitf Clerk DONNA FIALA Chairman
piv (
APrm and legality:
CL.L1 4 A)f.4 �=
Jennr A. Belpedio, ssistant County Attorney
AS TO OWNER:
DATED: It 181 l5
C `~ LELY COMMUNITY DEVELOPMENT DISTRICT,
Witnes a political subdivision of the State of Florida
Name: DiNtel E yIh
(Print or Type)
�42444-4t-z- e -- BY:I\ �rr��� ..
Witness(Signature) Name: 0Sect" .0 �
Title: �++f.
Name: n''3e- Ei'►'1Grsor\
(Print or Type)
3
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1 6 K 1
EXHIBIT A
PROPERTY DESCRIPTION
The outline of the Lely Community Development District ("Property") is shown below
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EXHIBIT B
Approximate Location of WMW#1
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