Backup Documents 10/12/2010 Item #16C 3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP .
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 Cj
Print on pink paper. Anach 10 original documenl Original documents should be hand delivered 10 the Board Office. The compleled routing slip and original
documents are 10 be forwarded to Ihe Board Offi~ only after the Board has taken action on the item.)
ROUTING SLIP
eo~plele rouling lines'l through 114 as appropriate f~ additional signatures, dales, and/or information needed. If the documenl is already complete with !he
exc lion oflhe Chairman's si ature, draw a line Ihrou h routin lines II) throu 114, com lete the checklist,.-.d forward to Sue Filson (Iine'5 .
Rpute to Addressee(s) Office Initials . Date
(I.is! in order) .
1.
PRIMARY CONTACT INFORMATION
CTbe primary conlact is the holder of the original documenl pending Bee approvaJ~ Normally the primary contact is the person who treated/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 ~tiOllal or missing
information. All original documents needing the Bee Chairman's signature are 10 be delivered 10 the BCe office only after the ace has acted to IpJllOYe the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
3.
4.
5. Ian Mitchell, BeC Office
S rvisor
6. Minutes and Records
BOaf~ of County Commissioners .
Clerk of Court's Office
,p,
Phone Number
Agenda Item Number
Number of oi-iginaJ
Documents Attached
INSTRUCfIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is
a r riate.
1. 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
. contra~ agreemen~, etc. that have been fully executed bya)) parties except the BeC
Chairman and Clerk to the Board and ssibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County' Attorney's
Office and all other parties exce' i the BCC Chairman and the Clerk to the Boafd
3. . The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a . licable.
4. ' "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
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 ofBCC 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. Thedo~ument W3S app~oved b,r the BCC on-10 --p..-\O (ent~r date) and all changes
made during the meeting have been incorporated in the attached document. The .
Couilt Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial).
~\~.
1: Fonllsl ~ounly Formsl BCC Formsl Original Documenls Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24.05, Revised 9.18.09
16C3
MEMORANDUM
Date:
October 12, 2010
To:
Toni Mott, Manager of Property Acquisition
Real Estate Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Right of Entry Agreement: Folio #37113320006
Enclosed please find one (1) copy, as referenced above
(Agenda Item #16C3), which was approved by the Board of County
Commissioners on Tuesday, October 12, 2010.
The Minutes & Records Department has retained the original document
to be kept as part of the Board's Official Records.
If you should have any questions, please contact me at 252-8411.
Thank you
16C3
PROJECT: Water Use Permit Monitor Wells
FOLIO NO.: 37113320006
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (hereJrl_after referred to as the "Agreement") is
made and entered into on this ~.g day of ,)e~-'(..)"i--X(, 2010, by and between
BLESSED, llC, a Florida limited liability co pany (hereinafter referred to as
"Owner"), whose mailing address is 6017 Pine Ridge Road, #136, Naples, Florida
34119, 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 3301
Tamiami Trail East, Naples, Florida 34112:
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 adjacent connection and transect
areas for data collection and environmental research purposes, on and over a portion of
those lands of Owner contained within Folio # 37113320006 located off 5th Street NW
in Collier County, Florida, as more particularly described on Exhibit "A" of the Right of
Entry form attached hereto and made a part hereof (said portion of Owner's lands
hereinafter referred to as the "Property"); 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; and
WHEREAS, County has agreed to compensate Owner for the provision of a Right
of Entry on and over the Property.
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. 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 for the sum of Four Thousand and
no/100 Dollars ($4,000,00), payable by County warrant or wire transfer (said
transaction hereinafter referred to as the "Closing"), 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 County executes this
Agreement. At Closing, County shall deliver the County warrant or wire transfer to
Owner and Owner shall deliver the Right of Entry to County in a form acceptable
to County.
3. Owner is aware and understands that this Agreement is subject to acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
4. 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.
5. 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,
EA-UEfTCE
~g~ 2C 3
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
6. 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.
7, 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 the connection and transect areas shall be strictly
limited to access, data collection and environmental research purposes. 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, connection and transect areas. 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. 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 Purchaser'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]
16C3
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: \ 0- \~-\O
ATTEST:
DWIGHT E. BROCK, Clerk
,- ': . r()~ ,>"
~j'~L~
Attest"?,," ta CM.~~Clerk
4 h:n.t~. 0fl.(411'.~'~:":."?"
AS TOffio/NER-:"~,,;~'
(:., ~'I -;,'r;'~;\ .'
, " L..... J . " ~ .' . .
DATED:~':,^;i- \0
~-C..OL
Wi ss (Signature)
Name: ~ ~ O~ Vl:..~t\
(Print or Type)
f:JJi4 ~~
Witnes~nature) .rl C'
Name: {50 l.:Y1,d'O (
(Print or Type)
*cD\:.
Wi ss (SIgnature)
Name: ..:::t"nS(2. r\-. 0- 'Jt::::.rt ~
(Print or type)
?~~i
Witness 8irn~tu;;.j ~ .
Name: IJ ~(c:
(Print or type) -t
Approved as to form and
legal sufficiency:
SJfpJ~
Jennifer B. White
Assistant County Attorney
. 1 , ~ i ~ I , I .
........
BOARD OF COUNTY CO~$SIONERS .
OF COLLIER COUNTY, flORIDA, ASt --"", ::
"_ l~ ..
THE GOVERNING BOD~Of COLLIER . ~
COUNTY AND AS EX-OF~~IO tHE' ,- .
GOVERNING BOARD OF-THECOl.LlER
COUNTY WATER-SEWER OI$TRICT . ,/.
:'/0 ,\,,'"
. 'i 1" I ," 11\ \'
BY:
~JL IN.
BlESSED,llC
By:
By;(/J1lad~.
Lorraine M. Carlone, Manager