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Construction Easement Agreement INSTR 6078994 OR 5965 PG 3136 • RECORDED 6/17/2021 11.51 AM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA PROJECT: Beachwalk DOCL^^ 70$0 70 REC $4n 00 V V W.I V V./V REC V YY.V PS 101.16 CONS$10.00 • CONSTRUCTION EASEMENT AGREEMENT THIS CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between BEACHWALK RESIDENTS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as • "Owner"), whose mailing address is do Management by Association., 187 Forest Lakes Blvd, Naples, FL 34105, 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 post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112; WHEREAS, the County acquired a Utility Easement for the wastewater pump station and force main from the pump station to the existing manhole on 918t Avenue North in Naples Park, when Beachwalk was developed In 1986; and WHEREAS, the County has requested that Owner grant to County a Temporary Construction Easement for the purpose of facilitating the installation of infrastructure and a wall around the pump station, access and right to enter over, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") and WHEREAS, the Owner desires to convey the Temporary Construction Easement to the County for the stated purposes, on the terms and conditions set forth herein, over, under, upon and across Property; and WHEREAS, the Owner has agreed to the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant County a Temporary Construction Easement over, upon, and across the Property, at no cost to the County, unless otherwise stated herein. 2. The County shall pay for all costs of recording the Temporary Construction Easement upon approval of said Agreement. All other costs associated with this Phis Conveyance Approved By The Board Of County Commissioners Coll*County Florida, Pursuant To Agen 1a ., Data: 4llki( Item No: )/.. (_.3 transaction including but not limited to transfer, documentary, and intangible taxes, and recording costs, if any, for any curative instruments shall be borne and paid by County. 3. Both County and Owner agree that time is of the essence in regard to the closing and therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by the Board of County Commissioners (hereinafter referred to as "BCC"). At closing, Owner shall deliver a Temporary Construction Easement to County in a form acceptable to County. 4. Conveyance of the Temporary Construction Easement, or any interest in the Property, to the County is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached 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. 5. Owner is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Prior to construction completion, County shall return impacted areas of the Property to preconstruction conditions or as best as possible. County will install a landscaping hedge of Clusia plant (or similar) on the Beachwalk association side of wall. Maintenance of landscaping will be the responsibility of the association. 7. County will construct a wall with the finish matching existing as best as possible, around the perimeter of the existing pump station and install an access gate along the 918t Avenue North side. Routine maintenance (cleaning, painting, stucco) of the wall facing the community will be the responsibility of the Beachwalk association. The interior walls facing the pump station will be maintained by the County. 8. Collier County's contractor in cooperation with the Engineer of Record will request private and public utility companies to locate their infrastructure (if any) within the project boundary prior to construction. Soft digs of flagged infrastructure will be performed, and locations recorded by the EOR's surveyor. Contractor will take measures to avoid damage to this infrastructure during excavations and construction. If infrastructure is damaged as a result of the construction, it will be repaired at the County's expense. All acquired measurements of existing and/or relocated infrastructure within the project boundary will be documented on record drawings prepared, signed, and sealed by the EOR's professional licensed land surveyor at the end of construction. A copy of this record information will be provided to your association. 9. In the event of Force Majeure, the County would be responsible for repairing the wall around the pump station within the existing easement to preserve security and safety. "Force Majeure" is defined as: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, usually transportation delays, or wars, insurrections, pandemics, or acts of terrorism. 2 h7 4 10. Owner agrees to grant the Temporary Construction Easement for the purpose of facilitating the construction of public facilities facilitating the installation of infrastructure and a wall around the pump station on the Property. This Temporary Construction Easement shall expire upon completion of the construction of the public facilities in the area described above or on December 31, 2021, whichever occurs first. In the event that the construction of the public facilities has not been completed by December 31, 2021, the County reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until December 31, 2022, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. 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 trustee, and assignees whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto have executed this Construction Easement Agreement on this A day of , 2021. Dated Project/Acquisition Approved by BCC: .,ant Ri (2 02- 1 AS TO COUNTY: G� J`►L ;7 )LP a 3 DATED: Junes ISJI 20g-I ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE drib - GOVERNING BOARD OF THE estastoChairman9 ut =r� COLLIER U TY WATER-SEWER signature only. DISTRICT 4 041,41.8 BY: PENNY TAYLOR, Chairman Approved as to form and legality: Jenr fer A. Belpedlo, Assis County Attorney \° c237s 3 AS TO COUNTY: WITNESSES: f4. dotbop v238 P 9QDV-Z1 238 0 EDT 9QDV-PGGOJ3OT-FEVRI BEACHWALK RESIDENTS ASSOCIATION, Witness#1 (signature) INC., a Florida not-for-profit corporation Robert L Wadron Witness#1 (Print Name) Edotloopp veNfied dotloopp vedRed + � �r� ` SWEZ- 1 RQ.BY EDT $'Yi444Per✓tafev 05/17/21 4A3 PM EDT SWEZ-WCRQ-EBY7(-HOQK vwwv Q0G1-Q268-YtBW-EZJ4 is Witness#2(Signature) SHARI PETERSON, President Patrick White Witness#2(Print Name) • It 4 ii ovvr w -Z 52,Pt_li ,mn 8 > -0 _ _� �_m Z m a = A� * r,0 ¢1 O Z (y�1 N r1 f7 / m 0 mN>X, 05; ,>Z OO��tt�,S�g0�nn pxc-1 �J_._ � '� � �8 O�a Zy 1,1 Zmm rW+t7 G� oyrt t� Y=zg O a III O ♦ N2_IZAZ 2 p�10> m Z<z>i n1 lm!� 0nP g> Z pp� ONO VI r5,$=TSZ O y INn�Y,7 moC8 G p Inr, N i�7 1.1 *.'PaJC p C OrpO in2 � Q�� n.lmi +'� CO gy- GO CA S Yip 2 V> V S O �V}0.O�. m "O >(. N o n_. 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Iam m * * m f m :\ r,\© LP V -O - - O IOt ^CC p p W 8 b pm PP rr G:\SURVEY\PROJECT SURVEY 2019\94 - CCU 264 NAPLES PS 10t.16\SURVEY\19-94-TCE.DWG INSTR 6078995 OR 5965 PG 3141 PROJECT: Beachwalk RECORDED 6/17/2021 11:51 AM PAGES 3 PS 101.16 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC©.70$0.70 REC $27.00 CONS$10.00 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT is made and entered into this day of 1 , 2021, by BEACHWALK RESIDENTS ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is do Management by Association., 187 Forest Lakes Blvd, Naples, FL 34105, as Grantor, to 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, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of storing material and equipment during the construction and installation of public improvements adjacent thereto. This Easement shall expire one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on December 31, 2021, whichever occurs first. If the construction of the public facilities is not completed by December 31. 2021, then Grantee may extend the Temporary Construction Easement by recording a Notice of Time Extension in the Public Records of Collier County, Florida. If the Grantee shall extend the completion of this Conveyance Approved By The Board Of County Commissioners Collier County i=lorida, Purs,aan'c To Agen is Date:_4 42 Item No: /6%G--3 the public facilities, Grantee shall first notify the Grantor in writing at the address listed above. Upon the completion of the public facilities, Grantee shall restore the surface of the easement area to the condition existing prior to the commencement of construction adjacent thereto. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: "� BEACHWALK RESIDENTS ASSOCIATION INC., a Florida not-for-profit corporation Witnes #1 (Print Name) \jele.) 4."1 -4(--.4e" Witne 2(Signature) ' Selena Evans, Vice President Witness#2(Print Name STATE OF tik.550,cl,�,kff� COUNTY OF 1ssex The foregoing Temporary Construction Easement was acknowledged before me by means of A physical presence or ❑ online notarization this !9 day of /l'la , 2021 by Selena Evans, Vice President on behalf of Beachwalk Residents'Association, Inc., a Florida not-for-profit corporation. Such person(s) Notary Public must check applicable box ❑ are personally known to me © produced his current driver license. ❑ produced as identification (Notary Seal) _ Notary Pub Printed Name of Notary: �u� �Ire>✓s Commission Number: N/A My Commission Expires. 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