Backup Documents 09/28/2010 Item #16C 1ORIGINAL DOCUMENTS CHECKLIST & ROiJT'N,1
TO ACCOMPANY -ALL ORIGINAL DOCUMENTS SENT O
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original docwnents should be hand delivered to the Board Office. The completed routing slip'and original
.documents are to be forwarded to the Board Office only alter the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through 04. as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
riinof the Chairman's si ature; draw a line throu routin lines # I throu #4, com lete the checklist; and forward to Sue Filson (line #5 .
to Addressees) Office Initials Date utin order}
2.
3.
v.
5. Ian Mitchell, BCC Office Board of County Commissioners '
Supervisor
6. Minutes and Records . Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval, Normally 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 Phone Number
Contact Gr7a 1 14, /14407/ 1-25.2 - g79 0
Agenda Date Item was Agenda Item Number
Approved b. the BCC Ste, !/ ��5 r 1
Type of Document Number of Original -T
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Initial). Applicable)
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 Attomey'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 possibly State Officials.)
All handwritten strike - through and revisions have been initialed by the County "Attorney's
Office and all other parties exce 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 negotiated contract date whichever is app
licable. r
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
$i nature and initials are required.
S. In most cases (some contracts are an exception),'the original document and this routing slip
should be provided to Ian Mithche)l 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 null ified._Be ,ware of your deadlines!
6. The document was approved, by the BCC on" !� (enter date).and all changes
made during the meeting have keen incorpora ed in the attached document; The
Coun.# Attorney's Office has reviewed the changes, if applicable. t
1: Forms/ County Forms/ BCC Forms/ Original Documenls.Routing Slip W WSOriginal 9.03.04; Revised 1.26.05, Revised 2.24.05; Revised 9:18.09
16C1
MEMORANDUM
Date: September 28, 2010
To: Toni Mott, Manager of Property Acquisition
Facilities Management
From: Ann Jennej ohn, Deputy Clerk
Minutes & Records Department
Re: Right of Entry Agreement with SMS Hezekiah, LLC
Attached is a copy of the document referenced above, (Item #16C1) approved
by the Board of County Commissioners Tuesday, September 28, 2010.
The Minutes and Records Department will hold the original as part of the
Board's permanent record.
If you should have any questions, please contact me at 252 -8406.
Thank you.
16C I
PROJECT: Water LISe Permit Monitor Wells
FOLIO NO.: 37282960009
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (hereinafter referred to as the "Agreement) Is
made and entered into on this.. , ay of S EP7aq,&R,2010, by and between
SMS HEZEKIAH, LLC, a Florida limited llaW lIty company (hereinafter referred to as
"Owner'), whose mailing address is do Marc Navarra, 4 Serenity Court, Southampton,
New Jersey 06088, 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 two4rch diameter
monitor well, and for access to the monitor well and adjacent cormection and transact
areas for data collection and envi onmerrtal research purposes, on and over a portion of
those lands of Owner contained within Folio # 37282980009 located off 2"d Street NE in
Collier County, Florida (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 valu d* 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 Six Thousand, Five
Hundred and no/100 Dollars (56,500.00), 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
tent -year period upon such terms and conditions as shall be agreeable to both
parties at the time an extension is requested.
2. Closing shad 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 hoard 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. AN other coats associated with this transaction
shall be bome 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 hells, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
EAARACE
46C I
IN WITNESS =MX a parties hereto have executed this Agreement on this
,2�i day of .2010.
Date approved by BCC:
AS TO COUNTY:
DATED: c1l.241
10
ATTEST:
DWIGHT E. BROCK, Clerk
6;, n
ftAAJA _ C
DATED: S- 3) a�
Witness (Signature)
Name. b .0 vo--
(Print or Type)
S nature)
Na vneleAl
(Print or Type)
Approved as to form and
legal sufficiency:
JerWer B. White
Assistant County Attorney
BOARD OF COUNTY COMM
OF COLLIER COUNTY, FLOI
THE GOVERNING BODY OF
COUNTY AND AS EX -0FFIC
GOVERNING BOARD OF TH
COUNTY WATER4$EWER DI
BY:
Fred W. Coyle,'Ch
SMS HEZEKIAH LLC
By: A& 01&
Mao Navarre, Meow
Page 16C 1
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 transact 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 transact areas. County agrees not to
unreasonably Irterfere 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 properly 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 taws of the
State of Florida.
[Signatures follow]