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Bayside Street ROEPROJECT: Bayside Street Sidewalk Construction LAP Project No. 429915 -1 RIGHT -OF -ENTRY AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this I O day of A?P— i L , 2012, by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, whose mailing address is 5775 Osceola Trail, Naples, Florida 34105 (hereinafter referred to as "Licensor "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Licensee "). WITNESSETH: WHEREAS, Licensee has requested that Licensor convey to Licensee a Temporary License and Right -of -Entry over, under, upon and across the lands depicted in Exhibit "A" (attached hereto) for the purpose of extending Licensee's proposed sidewalk along the west side of Bayside Street such that it will connect to the existing sidewalk on the Shadowlawn Elementary School property, and relocating the opening in the existing chain link fence so that it lines up with the new sidewalk; and WHEREAS, Licensor recognizes the benefit to Licensor and desires to convey the Right -of -Entry to the Licensee for the stated purposes. NOW, THEREFORE, in consideration of the aforesaid premises, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Licensor hereby grants a Right -of -Entry to Licensee, sufficient to make the aforesaid sidewalk connection and to relocate the fence opening over the proposed sidewalk. 3. Licensee shall construct the sidewalk and relocate the fence opening on Licensor's lands in substantial conformance with the drawing attached hereto as Exhibit "A." 4. Both Licensor and Licensee agree that the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Licensee. Licensee shall not unreasonably interfere with Licensor's use of the existing sidewalk during the period of construction. Licensee's right of entry onto Licensor's lands is contingent upon no other provisions, conditions, or premises other than those so stated above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. This right of entry upon Licensor's lands shall terminate upon the completion of the sidewalk construction and fence relocation described above. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date first above written. AS TO LICENSEE: DATED:.;' ATTEST�,c DV�tIGHT E. RC'}CK, Clerk nVA ~ It ' �Ierk Approved as to form and legal s iciency: Assi t t County Attorney Last Revised: 03/30/11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: (A). Fred W. Coyle, Chai n [Signature Page for Licensor to Follow] AS TO LICENSOR: D TED: Witness (Signature) Name (Print�oh Type) Name (Print or Type) /approved as to form and legal sulfi ien y: YG Jb Fishbane, District General Counsel Last Revised: 03/30/11 DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA BY: z Z-27 -�- 1-'-' �zl_ oy J erry, hairm � .' ATTEST: Y Dr. Kamela Patton, Superintendent RIGHT-OF-ENTRY EXHIBIT "Apo SHADOWLAWN ELEMENTARY SCHOOL PROPERTY RELOCATE FENCE OPENING ------------------------------ --------- --------------------------------------- --------------- ----------------------------- ------------ ------------------------- EXISTING SIDEWALK EXISTING FENCE ...................................... ............................. ...................... ........................... ....................................................... ............................ ...... ...... ...... --- - - -------------------- ------- -- SCHOOL PROPERTY LINE PROPOSED SIDEWALK z ui LU F- LU ui cr- F- LU a ------ BAYSIDE STREET ERIGHT—OF—WAY