Speedway SuperAmerica, LLC
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is: 3301 East Tarniarni Trail, Naples, FL 34112, (hereinafter singularly or collectively referred to as
"Grantor"), for and in consideration ofTen Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto
SPEEDWAY SUPERAMERICA, LLC, the responsible party, its agents, contractors or assigns, whose mailing address is 500
Speedway Drive, Enon, Ohio 45323, (hereinafter known as "Grantee"), the temporary license and right to enter upon the lands of the
Grantor, more particularly described on Exhibit "A," during the duration necessary to complete all field and/or construction activities
related to the environmental assessment, remediation and site closure activities on the property formerly known as Ecol Service
Station No #9819/ Ecol #819 / Former Speedway #9819, located at 3280 Tarniarni trail, Naples, FL 33962 with a portion of the
former property currently known as Peters A venue or an extension thereof, for the express purpose of:
Conduct the Initial Site Assessment (soil and groundwater) field activities including the installation of monitor wells to evaluate the
level of contamination that may still remain in the former UST/dispenser areas since the completion of the road widening project. The
remediation necessary for site cleanup and closure will depend on the analytical results of the soil and groundwater samples. Such
field activities, together with the right to enter upon said property and excavate, remove, fill, store, deposit, and/or stockpile materials
as needed shall be required to conduct the assessment, remediation and site closure activities.
The rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to
unreasonably interfere with Grantor's use of the lands described in Exhibit "A".
Grantee shall not unreasonably interfere with ingress and egress to Grantor's lands during the period of site assessment, cleanup and
closure.
Grantee's right of entry onto Grantor's lands is contingent upon no other provisions, conditions, or premises other than those so stated
above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants
not contained herein.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this '1. g-rH day of
J"lAt.y , 20~, and does hereby affirm that the individual executing same has the authority to act on behalf of the
Grantor, and does intend that the Grantee rely on such authority.
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~a of County Commissioners
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By: Donna Fiala, Chairman
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c,iJWlllIT I. BROOK;;CLBRI
Witnesses:
. : 1. Mitchell Oliver, Manager Corporate EnVironment~l
peedway SuperAmerica LLC
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APPROVED AS TO LEGAL FORM AND SUFFENCIANCY;
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EXHIBIT A
Thoae portiona ot Lota 1, 2 and 3, and all of aJacated alley in
Block A of .ast..ate SubcUvi.lon,' aaper plat th ' eot recorded l-n
Plat Book 1, pa.8 5', Public Raco~. of Colli8r County, Florida;
all balD9 in Seotion 11, TOWIUIhip 50 ,south, Jtanv. 25 East,
Collier County; Florida, and being de.cribed .s .ollows:
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BEGIN at the northeast corner of ..1d Lot 31 thence along the
e.at linea ot said Lot 3 and alley, South 00-16'$5" East a
distance of 1'~61 teet to the .outhe.at corner ot aald alley;
thence alongth. south line ot sald alley, SOllthj8'-04J01. West a
4istance ot 138.6' feet to the southw.st corner qt sai4 allay;
thence alon9 the weat lin.s ot 8ai4 .lley and Lot 1, North
00-14'13" West a distance of 16." f..t; thence forth 37-59'11"
East a distance of 138.6' feet; thane. South 82-$8'39" East a
distance ot 23.32 f..t to the northerly line of aaid Lot 3;
thance alonq sai4 northerly line, south 52-00'49. Bast a distance
of 37.77 teet to 'the POIHT OF BBGINHING.
Containinq 12,155 square t~
MEMORANDUM
Date:
July 30, 2009
To:
Debbie Armstrong,
Property Aquisition Specialist
Trans/ECM/ROW A
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
Right of Entry
Attached is one (1) copy of the document, as referenced above, (Item
#16B4) approved by the Board of County Commissioners on Tuesday, July
28, 2009.
Please forward the other original document to the Minutes and
Records Department for the Board's Record.
If you should have any questions, feel free to contact me at 252-7240.
Thank you,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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
exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routin order)
1.
Office
2.
3.
4
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Initials
Date
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally 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,)
Name of Primary Staff VeB8tE AI?f1 srt<.o#JG Phone Number .J~-;J - ~~)'-'I
Contact
Agenda Date Item was 'JL<l,y 'J..~ I Agenda Item Number l'84-
Aooroved by the BCC 1..C10C{:
Type of Document 1?/6ffT tJF r;-NTl<t/ Number of Original .:2.
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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 rt:viewed 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
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
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 Sue Filson 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 our deadlines!
6. The document was approved by the BCC on 7 -)2' - 0' (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes N/ A (Not
(Initial) A licable)
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I: Formsl County Formsl Bce Formsl Original Documcnts Routing Slip WWS Original 9.03,O~. Kcvised [,26,05. Revlseu ::.2-1-05