Backup Documents 09/13-14/2011 Item #16C11ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16C1 I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 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 routine lines #1 through #4. complete the checklist - and forward rn Sne Filson !line stt
Route to Addressee(s)
(I.ist in routing order)
Office
Initials
Date
1.
appropriate,
(Initial)
Applicable)
2.
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Agenda Item Number
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3.
�1t0 T AF XK n? OJ�TXk/ �,
Number of Original
4.
Ian Mitchell, BCC Office
Supervisor
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Documents Attached
Board of County Commissioners
resolutions, etc. signed by the`County Attorney's Office and signature pages from
►1 Pi��XJ
( (9
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6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.) I
Name of Primary Staff
L1�NS
Phone Number
Contact
appropriate,
(Initial)
Applicable)
Agenda Date Item was
A roved b the BCC
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Agenda Item Number
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Type of Document
Attached
�1t0 T AF XK n? OJ�TXk/ �,
Number of Original
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Documents Attached
INSTRUCTIONS & CHECKLIST
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column. or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
_
appropriate,
(Initial)
Applicable)
I .
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. This includes signature pages from ordinances,
resolutions, etc. signed by the`County Attorney's Office and signature pages from
►1 Pi��XJ
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County•Attomey's
Office and all other parties except the BCC Chairman and the Clerk to the Board
l
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
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4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5..
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on l / (enter date) and all changes
MEOW—
made during the meeting have been incorporate in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16C11
MEMORANDUM
Date: September 20, 2011
To: Hans Russell, Sr. Property Acquisition Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Right of Entry Donation Agreement with the District
School Board regarding property located off of 18th and 20th
Street SE for groundwater and environmental monitoring
Attached are two original and identical documents, as referenced above
(Item #16C11) approved by the Board of County Commissioners on Tuesday,
September 13, 2011.
After forwarding to the School Board for signature please return the
original agreement to the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachments (2)
16C11
PROJECT: Water Use Permit Monitor Wells
FOLIO NO.: 00301240006
RIGHT OF ENTRY DONATION AGREEMENT
THIS RIGHT OF ENTRY DONATION AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into by and between THE DISTRICT SCHOOL
BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola
Trail, Naples, Florida 34109 -0919 (hereinafter referred to as "Owner "), 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, County desires the temporary license and right to enter upon the
lands of Owner for the purpose of installing and maintaining a two -inch diameter
monitor well, and for access to the monitor well and transect areas for data collection
and environmental research purposes, on and over portions of those lands of Owner
contained within Folio # 00301240006 located off 18th Street SE and 20th Street SE in
Collier County, Florida and hereinafter referred to as the "Property." The monitor well
and transect areas are more particularly described on Exhibit "A" of the Right of Entry
form attached hereto and made a part hereof; access thereto shall be from the public
rights of way of 18th Street SE and /or 20th Street SE; 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, said terms
including that no compensation shall be due and payable for the Right of Entry
requested by County.
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 is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall grant to County a Right of Entry on and over the Property, in the form
attached hereto, for a period of ten (10) years at no cost to the County, unless
otherwise stated herein. Owner and County shall have the option, but not the
obligation, to extend beyond the initial ten -year period upon such terms and
conditions as shall be agreeable to both parties at the time an extension is
requested.
2. Closing shall occur within fifteen (15) days from the date this Agreement has been
approved by and executed on behalf of both the District School Board of Collier
County, Florida for Owner and the Board of County Commissioners of Collier
County, Florida for County. At Closing, Owner shall deliver the fully executed Right
of Entry to County.
3. The County shall pay for all costs of recording the Right of Entry 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.
4. 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.
EA- UErrCE
16C11
Page 2
5. 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.
6. After construction of the monitor well is complete, County agrees to restore the
surface of Owner's property to its condition prior to the commencement of
construction, to the extent reasonably practicable consistent with County's
requirement to access and maintain its monitor well. Thereafter, activity within the
monitor well area shall be strictly limited to monitor well maintenance and data
collection, and activities within transect areas and access routes shall be strictly
limited to access, data collection and environmental research purposes. Should it
be necessary to modify Owner's fence line during construction, County shall at all
times maintain the integrity and security of the fence line. The rights granted
hereunder are conditioned upon the reasonable exercise thereof by County, which
shall at all times preserve and protect the natural environment in the monitor well
and transect areas and access routes. County agrees not to unreasonably
interfere with Owner's use of the Property, and agrees to provide Owner with
advance notice when exercising its rights hereunder. County further agrees that it
shall, at County's cost, repair and restore any damage caused to Owner's property
as a result of County's exercise of its rights hereunder. It is understood and
agreed that the installation and maintenance of the monitor well shall not
constitute damages, but rather is an activity contemplated by the granting of the
Right of Entry. County further agrees that, in the event that Owner should develop
the Property within the ten -year term or any extensions, County shall
accommodate Owner's site development plans in any and all ways possible,
including relocation or removal of the monitor well and termination of the Right of
Entry if necessary. Similarly, should Owner sell or otherwise convey the Property
to a third party within the ten -year term or any extensions, County shall relocate or
remove the monitor well and terminate the Right of Entry upon Owner's request.
At the conclusion of the ten -year term and any extensions, County shall remove
the monitor well and restore the surface of the lands to the condition existing prior
to the commencement of the ten -year term.
9. County shall not have the right to assign its Right of Entry, excepting to a bona
fide, duly constituted successor in interest to County's Public Utilities functions
and responsibilities.
10. Terms of this Agreement shall survive Closing.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
[Signatures follow]
16C11
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated:
Date approved by BCC:
AS TO COUNTY:
DATED: !3 Jl
ATTEST:
DWIGHT E. BROCK, Clerk
x
Amp /n C
i `Clerk
Apprdrd asao ,fi and
legal sufficetior'
Jennrn r B. White
Assistant County Attorney
Date approved by District School Board:
AS TO OWNER:
DATED:
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
Approved as to form and
legal sufficiency
Jon Fishbane
District General Counsel
BOARD OF COUNTY CCOMISSIONERS
OF COLLIER COUNTY,.ftORIDA, AS
THE GOVERNING BODY -OF COLLIER
COUNTY AND AS EX- OFFICIO THE
GOVERNING BOARD OF,THE COLLIER.,
COUNTY WATER- SEWERVtSTRICT ;
'itJJkl:i11
BY: W.
Fred W. Coyle, Chairman
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
a
Julie Sprague, Chair
Attest:
Dr. Kamela Patton, Superintendent
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PROJECT: Water Use Permit Monitor Wells 16C1
FOLIO NO.: 00301240006
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, Florida
34109 -0919, 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 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, its agents, contractors or assigns, whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, hereinafter
known as GRANTEE, the temporary license and right to enter upon the lands of the GRANTOR
for the purpose of installing and maintaining a two -inch diameter monitor well, and for access to
the monitor well and transect areas for data collection and environmental research purposes,
on and over portions of those lands of GRANTOR contained within Folio # 00301240006
located off 18th Street SE and 20`h Street SE in Collier County, Florida. The monitor well and
transect areas are more particularly described on Exhibit "A" attached hereto and made a part
hereof; access thereto shall be over said lands from the public rights of way of 18th Street SE
and /or 201h Street SE
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for ten
(10) years from the date hereof.
ADDITIONALLY, the rights granted hereunder are conditioned upon the reasonable
exercise thereof by GRANTEE, which shall at all times preserve and protect the natural
environment in the monitor well and transect areas and access routes, and shall at all times
maintain the integrity and security of GRANTOR'S fence line. GRANTEE agrees not to
unreasonably interfere with GRANTOR'S use of the Property, and agrees to provide
GRANTOR with advance notice when exercising its rights hereunder. GRANTEE further agrees
that it shall, at GRANTEE'S cost, repair and restore any damage caused to GRANTOR'S
property as a result of GRANTEE'S exercise of its rights hereunder. It is understood and
agreed that the installation and maintenance of the monitor well shall not constitute damages,
but rather is an activity contemplated by the granting of this Right of Entry. GRANTEE further
agrees that, in the event that GRANTOR should develop the Property within the ten -year term
or any extensions, GRANTEE shall accommodate GRANTOR'S site development plans in any
and all ways possible, including relocation or removal of the monitor well and termination of this
Right of Entry if necessary. Similarly, should GRANTOR sell or otherwise convey the Property
within the ten -year term or any extensions, GRANTEE shall relocate or remove the monitor well
and terminate this Right of Entry upon GRANTOR'S request. At the conclusion of the ten -year
term and any extensions GRANTEE shall remove the monitor well and restore the surface of
the lands to the condition existing prior to the commencement of the ten -year term.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed
this day of , 2011.
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
Approved as to form and
legal sufficiency
Jon Fishbane
District General Counsel
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By:
Julie Sprague, Chair
Attest:
Dr. Kamela Patton, Superintendent
[Acknowledgement follows]
16C11
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Right of Entry was acknowledged before me this day of
, 2011, by Julie Sprague, as Chair of the District School Board of Collier County,
who is [ ] personally known to me or [ ] who has produced as
identification.
WITNESS my hand and official seal this day of , 2011.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission #:
My Commission Expires: