Bayside Street ROEPROJECT: Bayside Street Sidewalk Construction
LAP Project No. 429915 -1
RIGHT -OF -ENTRY AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into on this I O day of A?P— i L , 2012, by and between the
DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose mailing address is 5775
Osceola Trail, Naples, Florida 34105 (hereinafter referred to as "Licensor "), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "Licensee ").
WITNESSETH:
WHEREAS, Licensee has requested that Licensor convey to Licensee a
Temporary License and Right -of -Entry over, under, upon and across the lands depicted
in Exhibit "A" (attached hereto) for the purpose of extending Licensee's proposed
sidewalk along the west side of Bayside Street such that it will connect to the existing
sidewalk on the Shadowlawn Elementary School property, and relocating the opening in
the existing chain link fence so that it lines up with the new sidewalk; and
WHEREAS, Licensor recognizes the benefit to Licensor and desires to convey the
Right -of -Entry to the Licensee for the stated purposes.
NOW, THEREFORE, in consideration of the aforesaid premises, it is agreed by
and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Licensor hereby grants a Right -of -Entry to Licensee, sufficient to make the
aforesaid sidewalk connection and to relocate the fence opening over the
proposed sidewalk.
3. Licensee shall construct the sidewalk and relocate the fence opening on Licensor's
lands in substantial conformance with the drawing attached hereto as Exhibit "A."
4. Both Licensor and Licensee agree that the rights and interest granted hereunder
are conditioned upon the reasonable exercise thereof by Licensee. Licensee
shall not unreasonably interfere with Licensor's use of the existing sidewalk during
the period of construction. Licensee's right of entry onto Licensor'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.
5. This right of entry upon Licensor's lands shall terminate upon the completion of the
sidewalk construction and fence relocation described above.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on
the date first above written.
AS TO LICENSEE:
DATED:.;'
ATTEST�,c
DV�tIGHT E. RC'}CK, Clerk
nVA ~
It
' �Ierk
Approved as to form and
legal s iciency:
Assi t t County Attorney
Last Revised: 03/30/11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: (A).
Fred W. Coyle, Chai n
[Signature Page for Licensor to Follow]
AS TO LICENSOR:
D TED:
Witness (Signature)
Name (Print�oh Type)
Name (Print or Type)
/approved as to form and
legal sulfi ien y:
YG
Jb Fishbane, District General Counsel
Last Revised: 03/30/11
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
BY: z Z-27 -�- 1-'-' �zl_
oy J
erry, hairm
� .'
ATTEST:
Y
Dr. Kamela Patton, Superintendent
RIGHT-OF-ENTRY EXHIBIT "Apo
SHADOWLAWN ELEMENTARY SCHOOL PROPERTY
RELOCATE
FENCE
OPENING
------------------------------ --------- --------------------------------------- ---------------
----------------------------- ------------ ------------------------- EXISTING SIDEWALK
EXISTING FENCE
...................................... ............................. ...................... ...........................
....................................................... ............................
...... ...... ......
--- - - --------------------
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SCHOOL
PROPERTY LINE
PROPOSED
SIDEWALK
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------ BAYSIDE STREET
ERIGHT—OF—WAY