Backup Documents 12/10-11/2013 Item #16A15:ZAr -
10
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP�`-+
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE `T
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. r
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Complete routing lines #1 duough #2 as appropriate for additional signatures, dates, and/or information needed. If the document is alreaydcomplete O A1
of the Chairman's si draw a line ' lines #I through #2, cornplete the diooeldist,and forward to the CounAttorney Office.
Route to Addressee(s) (List in mums order)
Office
Initials
Date
1.
KEVIN HENDRICKS
(Initial)A
252-5844
2
Does the document require the chairman's original signature?
Agenda Item Number
3. County Attorney Office
County Attorney Office
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4. Bee Office
Board of County
G ��
Attached
Commissioners
Documents Attached
2
5. Minutes and Records (One executer!
Clerk of Court's Office
X
origuW to RecordfiWOne executed
336-163656
ofthal to Kevin Hendricll /RO
All handwritten strike -through and revisions have been initialed by the County Attorney's
PRIMARY CONTACT INFORMATION
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addressees above need W
conuma Eau urn
-
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Contact / ant
KEVIN HENDRICKS
(Initial)A
252-5844
Agenda Date Item was
Does the document require the chairman's original signature?
Agenda Item Number
Appro ved b the BCC
December 10 2013
16A15 1/
Type of Document
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Agtwment
Documents Attached
2
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X
number if document is
336-163656
to be recorded
All handwritten strike -through and revisions have been initialed by the County Attorney's
1fNCTu11jVT1nNC Br CAF.CKLIST
I: Forms/ County Forms/ BCC Forms/ Original Doannents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
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I.
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I: Forms/ County Forms/ BCC Forms/ Original Doannents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
16A15
MEMORANDUM
Date: December 16, 2013
To: Kevin Hendricks, ROW Manager
TECM Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Site Access Agreement w/ExxonMobil
Attached, for further processing, is the original agreement referenced above, (Item
#16A15) approved by the Board of County Commissioners on Tuesday, December 10,
2013.
The original will be held in the Minutes and Records Department for the Board's
Official Record after recording.
If you have any questions, please call 252-8411.
Thank you.
Attachment
16A15
SITE ACCESS AGREEMENT
This Access Agreement ("Agreement"), entered into for good and valuable consideration,
is effective thee, day of�����b r , 2013 by and between COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "Grantor"), and EXXONMOBIL
OIL CORPORATION (hereinafter referred to as "ExxonMobil"). This Agreement authorizes
ExxonMobil, its affiliates, and its environmental consultants (one or more independent
contractors hired by ExxonMobil, together with their subcontractors) collectively "Grantee" to
enter the property described in Exhibit "A" (attached hereto and made a part hereof, hereinafter
referred to as the "Property"), to perform environmental investigations and other remediation
activities on the conditions listed below:
1. Notice and Time of Action. During any construction, maintenance or other use of the
Property, if Grantor encounters contamination in soils, groundwater or other environmental
media that requires management or disposal, Grantor will promptly notify ExxonMobil, and
ExxonMobil will be solely responsible for the cost and expense of managing such contamination,
unless such cost or expense is the result of contamination deposited, created or aggravated by
Grantor. If necessary to such construction, maintenance, or other uses to proceed in a timely
manner, Grantor may perform such management within sixty (60) days of Grantor's request.
2. Scone of Work The work that is the subject of this Agreement is described as follows
(collectively referred to as the "Work"):
Grantee will:
3. Notification of Planned Work Grantor will be notified at least twenty-four (24) hours
in advance of the Work planned on the Property. Grantor will be notified via facsimile or
telephone at:
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Undertake corrective action, including but not limited to, removal of
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contaminated soil, as necessary to comply with applicable law and as required by
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governmental authorities
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install flush mounted groundwater monitoring well(s) as shown in the attached
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site map;
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periodically gauge, monitor, survey or sample the groundwater monitoring wells;
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take soil borings
g s which as shown on the attached site map;
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of all samples off-site in accordance with applicable law;
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conduct any and all other activities required by governmental authorities and
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applicable law; and
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after the completion of the Work as determined by governmental authorities, plug
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and abandon well(s) in compliance with all applicable laws and remove any
equipment brought onto the Property in connection with the Work.
3. Notification of Planned Work Grantor will be notified at least twenty-four (24) hours
in advance of the Work planned on the Property. Grantor will be notified via facsimile or
telephone at:
1
C
16A15
Name: Kevin Hendricks
Facsimile: KEHendricks@Colliergov.net
Phone Number: (239) 252-5844
4. Grantor's Access or Use Grantee in exercising the rights granted hereunder shall not
unreasonably interfere with the Grantor's access to or use of the Property.
5. Rights and Privileges The rights and privileges granted by this instrument shall cease
upon completion of the Work as determined by the governmental authorities, and completion of
all restoration work as identified in Article 8 below.
6. Work Performance The Work shall be performed in a workmanlike manner.
7. Assignability Grantor shall not transfer or assign Grantor's rights or obligations under
this Agreement without prior written notice to ExxonMobil.
8. Property Restoration Grantee shall take reasonable precautions to minimize damage
to the Property from the Work. ExxonMobil will restore the Property, including Grantor's
personal property damaged by the Work, to as close to its condition existing at the time the Work
began as is reasonably possible.
9. Release ExxonMobil shall release and hold Grantor harmless for loss of or damage to
property and equipment, including monitoring wells, of Grantee while such property or
equipment is in or on the Property, except where such loss of or damage to property and
equipment results from Grantor's negligence or willful misconduct.
10. Beneficiaries This Agreement is binding upon and inures to the benefit of Grantor and
Grantee and their respective heirs, executors, administrators, personal representatives,
successors, transferees, lessees and assigns. Grantor agrees that any future lease, sublease,
conveyance or the like to a third -party will specifically recognize the existence of this
Agreement. Grantor will require future tenants to comply with the terms of this Agreement.
Grantor shall provide prior written notice to ExxonMobil of any conveyance.
11. Entire Agreement This Agreement constitutes the parties' entire agreement on this
subject. There are no written or oral representations or understandings that are not fully
expressed in this Agreement. No change, waiver, or discharge is valid unless in writing and
signed by the party against whom it is sought to be enforced.
12. Statement of Agreement This Agreement is not and shall not be construed as an
admission of any issue of fact or law or as an admission or adjudication of any liability and shall
not be admissible in any suit or proceeding except a suit or proceeding to enforce the terms
contained herein.
13. Ownership Grantor represents and agrees that the only party having present ownership
interest in or control of the Property is Grantor, and that no other person or entity has any present
legal or equitable title to or any leasehold interest in such Property. To the best of Grantor's
knowledge there are no known claims against the Property or liens which would interfere with
ExxonMobil's work.
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14. Rule of Construction Grantor and ExxonMobil acknowledge that this Agreement has
been negotiated at arm's-length and, therefore, agree that any rule of construction of contracts
resolving any ambiguities against the drafting party is waived and shall be inapplicable to this
document.
15. Enforceability If any part of this Agreement is for any reason found to be
unenforceable, all other portions nevertheless remain enforceable.
16. Waiver The waiver of any breach of any term or condition of this Agreement does not
waive any other breach of that term or condition or of any other term or condition.
17. Governing Law This Agreement is governed by and will be construed — and its
performance enforced — under Florida law, without regard for its choice of law principles.
18. Signatories This Agreement may be executed in one or more counterparts and by
facsimile signatures, each of which shall be deemed an original agreement, but all of which
together shall constitute one and the same instrument.
19. Agreement Execution Authority Each person executing this Agreement represents
that the party on whose behalf the person is executing this Agreement has duly authorized the
execution of this Agreement and that such person is authorized to execute the Agreement on
behalf of such party.
IN WITNESS HEREOF, the parties hereto are authorized and have executed this Agreement on
the day and year first written below.
AS TO GRANTEE: EXXONMOBIL OIL CORPORATION
( itness signature)
(Print Na
(Wins s' e)
(Print Name)
BY;
(Signature)
Loren L. Lazear
(Print Name)
It's Americas Asset Mgmt. Mgr. &
Agent & Attorney -in -Fact
(Print Corporate Title)
CCIW"
AS TO GRANTOR:
DATED:December 10. 2013
ATTEST:
DWIC BROCK, Clerk
Attest as I," he�ty Clerk
signat#%— .
n
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AppraveA as to fora and legality
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Assirlarn unty A4orncy
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16A15
COUNTY COMMISSIONERS
FLORIDA
GEORGIA A. HILLER, Esq., Chairwoman
LELY RESORT PHASE 1,
PB 16, PG 87
TRACT 16
SUNTRUST BANK
OR 4384, PG 446
FOLIO NO. 55425004005
>wry
POB
S.E. CORNER
OF TRACT 16�
COMMERCIAL PROPERTIES SW, INC.
OR 3695. PG 411
FOLIO NO. 34520001908
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\ 11 EE
64,261 SF
UNPLATTED
MAR INVESTMENTS, LLC
(PARCEL 1)
(PARCEL 2) SYS N' OR 4117. PG 1702
OR 4117, o�01
PG 1702 9
FOLIO NO.
34520003003
7
576
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LEGEND
RW = RIGHT—OF—WAY
OR OFFICIAL RECORDS BOOK
/PR
=PLAT BOOK
PG = PAGE
UE UTILITY EASEMENT
LBE =LANDSCAPE BUFFER EASEMENT
C.R. = COUNTY ROAD
POB — POINT OF BEGINNING
NO. = NUMBER
SR = STATE ROAD
AKA = ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 115FEE FEE SIMPLE
INTERE5T
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16, LELY RESORT PHASE 1. AS RECORDED IN PLAT BOOK 16, PAGE
87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE N3W42'25-E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16:
THENCE S5432'56'E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO A POINT ON THE
EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN. ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22, PAGE
56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S35'41'39W FOR 237.74 FEET;
THENCE S76'20'06"W FOR 43.41 FEET;
THENCE N5V20'28'W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 64,261 SQUARE FEET OR 1.48 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
EXH i ' ITA TECM - ROW
Page--L—of-L-- JUN 1 5 20t2
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 4ATt SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
an. a 2012 f" w r.\soon\aoat.oaoo mr ! awl rh "mm Mnww..wnb .w arpr Arae\ox ws.\rn 1-sw•a\U kh ,w 02\544-/rdFit
PROJECT: U.S.41/C.R.951/S.R.951 RWawmvw. SKETCH AND LEGAL DESCRIPTION
PARCEL.115FEE: RIGHT-OF-WAY Oslo woo. P- Olin. 9up.200
a
NOPIM Fl" 34109
PREPARED FOR COLTJSR COUNTY GOPERNKW/BOARD OF COUNTY COWSS10NSRS PAona: (239) 5974575 FAX (239) 597-0578
LB No.: 8952
JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 1 3 51S 26E 1 - 100' 3 13 12 R.A.K. SKD_115FEE 1 OF 1
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