SMS Hezekiah ROE Agreement
PROJECT: Water Use Permit Monitor Wells
FOLIO NO.: 37282960009
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (hereinafter ntfen'ed to as the "Agreement") Is
made and entered Into on this ~ay of (~€~ik.R...2010, by and between
SMS HEZEKIAH. LLC, a Florida IImltled Ilebtllty company (hereinafter referred to a8
"OwneI"), whose mailing addmss Is c/o Marc NavalT8, 4 Serenity Court. Southampton.
New Jersey 08088, and the BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLUER 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 Tamlaml Trail East, Naples, FIor1da 34112:
WHEREAS, County desires the temporary 1Icen&e' 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 # 37282960009 located off ~ Street NE in
CollIer County, Florida (said portion of OWner's lands hereinafter refeITed to as the
aProperty"); 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 preeents, 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 Six Thousand, Five
Hundred and noJ1ooDollars ($6,500.00), payable by County walT8nt or wire
transfer (said transactiOn hereinafter referred to as the "Closing"). Owner and
County shaft have the option, but not the obligation, to extend beyond the .lnltlal
ten-year period upon sud1 terms and conditions as shall be agreeable to both
parUes at the time an extension is requ8sted.
2. Closing shal, occur wIIhin fifteen (15) days from the date County executes this
Agreement. At Closing, County shall deliver the County warrant or wire tranafer to
Owner and Owner shall deliver the Right of Entry to County in 8 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 shan pay for all costs of recording the RIght of Entry in the Public
Records of Coller County. Florida. AD other costs associated with this transaction
shall be borne and paid by County. Ead'1 party shaH 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, ~utors,
personal representatives, successors, successor trustees, and/or anlgnees,
whenever the context 80 requires or admits.
EMJEITCE
Page 2
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, walT8nties.
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. actMty within the
monitor well area shall be strictly limited to monitor we. 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 8' result of County's exercise of Its rights hereunder. It is
understood and agreed that the installatlon and maintenance of the monitor weD
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 Utlllties 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 WHEREO~ ,the parties hereto have executed thI& Agreement on this
,)!!1Dl. day of <" tf. P"J?;Jt~ll ,2010.
Date approved by BCC:
AS TO COUNTY:
DATED: q 1Jt&/ID ,
ATTEST:
DWIGHT E. BROCK, Clerk
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Approved as to form and
legal sufficiency:
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Je er B. White
AssIstant County Attorney
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BY: "'f"U-4L
Fred W. Coyle,
SMS HEZEKIAH LLC
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