Blessed, LLC Right of Entry Agreement
PROJECT: Water Use Permit Monitor Wells
FOLIO NO.: 37113320006
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this <:0!J day of ~)f:'.~).\c-'{\l\ f(. 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.UEITCE
Page 2
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]
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: \O-\.).-\n
ATTEST:
DWIGHT E. BROCK, Clerk
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Attut,:"I t.. CMi1JiilW.I~Clerk
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AS TO 'O,WNER.:';:,,,}'
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DATED:-9'.:A~- \0
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Wi ss (Signature)
Name: ~e. ~ O~Vl::.~i\
(Print or Type)
fJJia khd1~jl
Witnessr~flature) /"I n
Name: ,") f..Q L71J1' ("-.f
(Prinfor Type)
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Wi ss (Signature)
Name: ;:::n)S e r\-. 0- IJt:;;:(U'\
(Print or type)
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Witness ~ir~t~ H:; .
Name: I. ) .:;rc 1 C
(Print or type) -[
Approved as to form and
legal sufficiency:
SJfpJ~
Jennifer B. White
Assistant County Attorney
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BOARD OF COUNTY COMPMSSI~NEg~
OF COLLIER COUNTY, FLORIDA, AS" . .
THE GOVERNING BODY:EQf COLLIER
COUNTY AND AS EX-OFt=iCIOTHE ·
GOVERNING BOARD OFl;.Hl;:. COLLIER
COUNTY WATER-SEWER DISTRICT.
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BY:
"At.&' 0,) ~
Fred W. Coyle, Chairm n
BLESSED,LLC
By:
By;(:/1t It/flL(,
Lorraine M. Carlone, Manager