School Board ROE Donation AgreementPROJECT: Water Use Permit Monitor Wells
FOLIO NO.: 00301240006
RIGHT OF ENTRY DONATION AGREEMENT
THIS RIGHT OF ENTRY DONATION AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into by and between THE DISTRICT SCHOOL
BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola
Trail, Naples, Florida 34109 -0919 (hereinafter referred to as "Owner "), 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 3335 Tamiami Trail East, Suite 101,
Naples, Florida 34112 -5356:
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 transect areas for data collection
and environmental research purposes, on and over portions of those lands of Owner
contained within Folio # 00301240006 located off 18th Street SE and 20th Street SE in
Collier County, Florida and hereinafter referred to as the "Property." The monitor well
and transect areas are more particularly described on Exhibit "A" of the Right of Entry
form attached hereto and made a part hereof; access thereto shall be from the public
rights of way of 18th Street SE and /or 20th Street SE; 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, said terms
including that no compensation shall be due and payable for the Right of Entry
requested by County.
NOW, THEREFORE, in consideration of these premises, 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 at no cost to the County, unless
otherwise stated herein. 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 this Agreement has been
approved by and executed on behalf of both the District School Board of Collier
County, Florida for Owner and the Board of County Commissioners of Collier
County, Florida for County. At Closing, Owner shall deliver the fully executed Right
of Entry to County.
3. 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.
4. 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,
personal representatives, successors, successor trustees, and /or assignees,
whenever the context so requires or admits.
EA -UUME
Page 2
5. 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.
6. 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 transect areas and access routes shall be strictly
limited to access, data collection and environmental research purposes. Should it
be necessary to modify Owner's fence line during construction, County shall at all
times maintain the integrity and security of the fence line. 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
and transect areas and access routes. 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. County further agrees that, in the event that Owner should develop
the Property within the ten -year term or any extensions, County shall
accommodate Owner's site development plans in any and all ways possible,
including relocation or removal of the monitor well and termination of the Right of
Entry if necessary. Similarly, should Owner sell or otherwise convey the Property
to a third party within the ten -year term or any extensions, County shall relocate or
remove the monitor well and terminate the Right of Entry upon Owner's request.
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 County'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]
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: b 3 1%
ATTEST:
DWIGHT E. BROCK, Clerk
0, e h
w Y
erk
' w
Appro d- as.t6",. i and
legal suffioielio�y`
Jenne r B. White
Assistant County Attorney
Date approved by District School Board:
AS TO OWNER:
DATED: /D— /b'– /I
ZLZ� �n,
Witness (Signature)
Name: D /AA&'
(Print or Type)
Witn&
Name:
(Print or Type)
Approved as to form and
legal sufficiency
\ O'n Q.
Jon ji4hbane
DistriM General Counsel
BOARD OF COUNTY COISSIONERS
OF COLLIER COUNTY, -#taORIpA, AS
THE GOVERNING BODY;_OF COLLIER,
COUNTY AND AS EX-Of FjCIO.THE y
GOVERNING BOARD OP,, E .COLLIER '
COUNTY WATER- SEWEFNPTP,,IC
BY:
Fred W. Coyle, Chairman
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By:
Julie Spra e(
Attest:
4"244s-
Dr.'6mela Patton, Superintendent