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Backup Documents 10/12/2010 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 Cj Print on pink paper. Anach 10 original documenl Original documents should be hand delivered 10 the Board Office. The compleled routing slip and original documents are 10 be forwarded to Ihe Board Offi~ only after the Board has taken action on the item.) ROUTING SLIP eo~plele rouling lines'l through 114 as appropriate f~ additional signatures, dales, and/or information needed. If the documenl is already complete with !he exc lion oflhe Chairman's si ature, draw a line Ihrou h routin lines II) throu 114, com lete the checklist,.-.d forward to Sue Filson (Iine'5 . Rpute to Addressee(s) Office Initials . Date (I.is! in order) . 1. PRIMARY CONTACT INFORMATION CTbe primary conlact is the holder of the original documenl pending Bee approvaJ~ Normally the primary contact is the person who treated/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 ~tiOllal or missing information. All original documents needing the Bee Chairman's signature are 10 be delivered 10 the BCe office only after the ace has acted to IpJllOYe the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 2. 3. 4. 5. Ian Mitchell, BeC Office S rvisor 6. Minutes and Records BOaf~ of County Commissioners . Clerk of Court's Office ,p, Phone Number Agenda Item Number Number of oi-iginaJ Documents Attached INSTRUCfIONS & CHECKLIST Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is a r riate. 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 Attorney's Office and signature pages from . contra~ agreemen~, etc. that have been fully executed bya)) parties except the BeC Chairman and Clerk to the Board and ssibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County' Attorney's Office and all other parties exce' i the BCC Chairman and the Clerk to the Boafd 3. . The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a . licable. 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 Ian Mithchell in the BCC office within 24 hours ofBCC 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 your deadlines! 6. Thedo~ument W3S app~oved b,r the BCC on-10 --p..-\O (ent~r date) and all changes made during the meeting have been incorporated in the attached document. The . Couilt Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial). ~\~. 1: Fonllsl ~ounly Formsl BCC Formsl Original Documenls Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24.05, Revised 9.18.09 16C3 MEMORANDUM Date: October 12, 2010 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Right of Entry Agreement: Folio #37113320006 Enclosed please find one (1) copy, as referenced above (Agenda Item #16C3), which was approved by the Board of County Commissioners on Tuesday, October 12, 2010. The Minutes & Records Department has retained the original document to be kept as part of the Board's Official Records. If you should have any questions, please contact me at 252-8411. Thank you 16C3 PROJECT: Water Use Permit Monitor Wells FOLIO NO.: 37113320006 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT (hereJrl_after referred to as the "Agreement") is made and entered into on this ~.g day of ,)e~-'(..)"i--X(, 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-UEfTCE ~g~ 2C 3 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] 16C3 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: \ 0- \~-\O ATTEST: DWIGHT E. BROCK, Clerk ,- ': . r()~ ,>" ~j'~L~ Attest"?,," ta CM.~~Clerk 4 h:n.t~. 0fl.(411'.~'~:":."?" AS TOffio/NER-:"~,,;~' (:., ~'I -;,'r;'~;\ .' , " L..... J . " ~ .' . . DATED:~':,^;i- \0 ~-C..OL Wi ss (Signature) Name: ~ ~ O~ Vl:..~t\ (Print or Type) f:JJi4 ~~ Witnes~nature) .rl C' Name: {50 l.:Y1,d'O ( (Print or Type) *cD\:. Wi ss (SIgnature) Name: ..:::t"nS(2. r\-. 0- 'Jt::::.rt ~ (Print or type) ?~~i Witness 8irn~tu;;.j ~ . Name: IJ ~(c: (Print or type) -t Approved as to form and legal sufficiency: SJfpJ~ Jennifer B. White Assistant County Attorney . 1 , ~ i ~ I , I . ........ BOARD OF COUNTY CO~$SIONERS . OF COLLIER COUNTY, flORIDA, ASt --"", :: "_ l~ .. THE GOVERNING BOD~Of COLLIER . ~ COUNTY AND AS EX-OF~~IO tHE' ,- . GOVERNING BOARD OF-THECOl.LlER COUNTY WATER-SEWER OI$TRICT . ,/. :'/0 ,\,,'" . 'i 1" I ," 11\ \' BY: ~JL IN. BlESSED,llC By: By;(/J1lad~. Lorraine M. Carlone, Manager