2020-131 - Laserfiche WebLink

Home Browse Search

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the County and Trustee agree as follows: 1. The above recitations are true and correct. 2. Trustee will permit the County, its agents and contractors to come onto the Property for the purpose of access to the beach for the Sector 7 Beach and Dune renourishment Project. 3. Trustee shall permit the following types of activity ("Construction") on the Property to wit: storage of and access through the Property for heavy equipment such as trucks, graders, track hoes, bull dozers, pipes, sand and any other type of equipment needed to complete the Construction. 4. The term of this Agreement shall begin on October 1, 2020 and end on April 30, 2021. However, the Project is dependent on funding from Federal, State and local governments. The Project is also dependent on all of the property owners along the Sector 7 beach granting access easements to the County. As such, funding for the Project may be reduced or eliminated, or easements may not be granted, making the Project not financially feasible or impossible due to lack of access. County shall have until September 10, 2020, to cancel this Agreement, . If the County cancels this Agreement pursuant to this paragraph, no payment for use of the Property shall be due or owing to the Trustee. 5. If this Agreement is not cancelled pursuant to paragraph 4 above or paragraph 13 below, the County shall pay to the Trustee for use of the Property the total sum of $100,000.00 (one hundred thousand dollars) payable in seven monthly installments of $14,285.71. Each payment shall be due on the first of each month beginning on October 1, 2020 and ending on April 1, 2021. 5.1 Payment shall be made payable to and mailed to the following address: Lizabeth Becton -Read Trustee of the Lizabeth Becton Revocable Trust 76 13th Avenue South Naples, FL 34102 5.2 If the Trustee and the County reach a mutually satisfying Agreement in this matter, the County will reimburse the Trustee for her reasonable attorney's fees incurred in review of the Agreement. If an Agreement is not reached, each party shall pay its own attorney's fees. 6. Following the expiration of this Agreement, the County or its agent, may come onto the Property with prior notice to Trustee for the limited purpose of inspecting, repairing or replacing the restoration done to the Property as described in Paragraph ten. 2 152596601