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Backup Documents 06/08/2021 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP PetefeCtIn 4/`S Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre y omplete wit the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney wid/ (4540 ?..,;010*- 2. BCC Office Board of County S)-CUe Co " �2 I Commissioners 3. Minutes and Records Clerk of Court's Offic Ak;16) 6.15--)1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was I Agenda Item Number Approved by the BCC El 8 Type of Document q pp ` Number of Original Attached 4j t�i 1 U CJ `� 1�11Airtiroxill Documents Attached PO number or account Account: Fund , Cost Center , Object number if document is Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? GYrli 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's G/Iti signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ___ N/A 61 should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on C % ,and all changes /A is not made during the meeting have been incorporated in t e attached document. The CMS n option for County Attorney's Office has reviewed the changes,if applicable. l� this line. 9. Initials of attorney verifying that the attached document is the version approved by the ^- � A is not BCC, all changes directed by the BCC have been made, and the document is ready for the W" option for Chairman's signature. is line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16C 3 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 DOC@.70$0.70 REC $44.00 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 91st 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 ihis Conveyance Approved By The Board Of County ,g. Ccsrrissioners ' Collier County Florida, Pursuant To Ager la Dan : clil ;:t,i Item No: )L. L. I ° C 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 91m 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 • 1 6 C 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 day of , 2021. Dated Project/Acquisition Approved by BCC: ,,.)t,t4v4 ?.0 ) AS TO COUNTY: ttz/n/;44. 10/72 .16 C DATED: 3k)Ive., L' (20D-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 GOVERNING BOARD OF THE ist as to ChairmanPeput r COWER U TY WATER-SEWER DISTRICT signature only, BY: PENNY TAYLOR, Chairman Approved as to form and legality: *s. rl• Jenruser A. Belpedio, Assis &County Attorney cfr3.7' 3 I C 3 AS TO COUNTY: WITNESSES: .R�a g ,V2 3 PM EDT 9QOv PGGOi30T.FEVR BEACHWALK RESIDENTS ASSOCIATION, Witness#1 (Signature) INC., a Florida not-for-profit corporation Robert L Wadron ( Witness#1 (Print Name) �Ipppppp OV verifieit EDT d �jyv. OS/17Q1 4:03 PM EDT ""'^"`�� SWE2-WC�RC}feYX+tOQK 5 /� 6v0'� QOGt•Q36ENI8M EDT Witness#2(signature) SHARI PETERSON, President Patrick White WRness#2(Print Name) ( 4 l � kr I 6 C 3 01 ro 8 F:. 4pg -liarcci .8$' gYirri -io -, wrno .. 1 o titAAnfqAiM i TOA808:21 Ulio ,,z m z 19vsqA , 08m09? 6 I 53,PP - z 0....,, :-.1 oarn' J,Aen ; §11A`2:R iN toliisc . §,.., ii2ev , . 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'''. • u: • WR:31 1••• _ 9 GASURVEY\PROJECT SURVEY 2019\94 - CCU 264 NAPLES PS 101.16\SURVEYV9-94-7CE DWG , „ INSTR 6078995 OR 5965 PG 3141 i V 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 , x.:. . , 2021, by BEACHWALK RESIDENTS ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing address is c/o 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 ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of storing material and equipment during the construction and installation of public improvements adjacent thereto. This Easement shall expire one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on December 31, 2021, whichever occurs first. If the construction of the public facilities is not completed by December 31. 2021, then Grantee may extend the Temporary Construction Easement by recording a Notice of Time Extension in the Public Records of Collier County, Florida. If the Grantee shall extend the completion of i ills Conveyance Approvud By The Board Of County Commissioners Coll.:r County Florida, ?uts .l n To Agee la Date:, Item No: 1 6 C the public facilities, Grantee shall first notify the Grantor in writing at the address listed above. Upon the completion of the public facilities, Grantee shall restore the surface of the easement area to the condition existing prior to the commencement of construction adjacent thereto. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: -- BEACHWALK RESIDENTS ASSOCIATION lArartess tc,te'tgrrat tire INC., a Florida not-for-profit corporation D r.'es Witnes El (Prtrg Name) Zte 54' ,Ktne 2 kS$gnature Selena Evans, Vice President Witnes5 12(Print Nzme STATE OF t1, COUNTY OF f>,.f•A The foregoing Temporary Construction Easement was acknowledged before me by means of XI physical presence or —1 online notarization this 0-'1, day of 111.y , 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 '.V1 produced his current driver license. produced as identification (Notary Seal) •-• Notary Publie Printed Name of Notary: Commission Number: N/4 My Commission Expire . RYAN ANDREWS Approved as to form and lega ty -g s PiounAbSIESIA:Cpi ETTS UeS COMMONWEALTHNa tr:0:M ‹- Ct ) Decartlbar 30, 2022 Jennifer A Belpedlo As nt County Attorney o2„ I C 3 0 IV i 0 1 - 1 ! - 2 Ppx0Mq° m U-If *2. ,7% m 4 00008 4 r•icq01;:;c'elmAmqi2A 'XO-17 - i 7c Z? &..,-. AMq*P0cP./ -, cil ,r. 1,2g2 T.13-01 mgl' qmmVR.-' PA 3 804°6Ag 5P 1v81 -. i a g ! ifigt h0 1=§ z ;' N ' 0,mwrim,T.g9X ggporn 0 m ' 'AgGrt, A X?-c`f4,74164. fkgg8 i , .- ._ xo A,04Ti, ;,, 278- 9,4,7p0 ,...AII I i. Q6,713 4t -0Ex -1 [;174 i p- g. :::: fliA'-§4Q 1-11. 4-nx,„ Wz i 4' i zgegl p ,,,7, _w_ N.gra. 2 qs4S1A m , . g c'. la '-'i g c§ t ? Ili z ' / m.x, vP p, 1 --1 * co CD tft 22?< 9P;1 " • c•C get, pnt ti.*gti-va. P -(0 F>GA,11A!Az 82! IP 0 .p.949„ AAA n • i t Er' `a = = 11 a @ EXHIEUT,' il '' P010,..4....44......L_ • S? __. r r 4 a1 F. 3ii?,---- ---4e ..-- I 1 i i g 0 At h 13 igw .7, 1111 LS 1 I 0 . 12f 573 1 en 0 1 d —4 (11 mg, z if 2 c -t, N ,o.c: . o ...40 * i ‘0 Q . : .-- „ A z Pi iv 1 g. 6 ,t1 § 1 kl. Z A ce 8 z 1 gi ir, E L3 ; ) 1 r. T . u4N4 1 E 1 - = Z - - v d r . . . '7. p 1 i I T; t . 8 il GASuRvEY\PpoJECT SURVEY 2019\94 - CCU 264 NAPtES PS 101.16\SuRvEY\19-94-7CE.DwG , , . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) _ Office Initials Date 1. County Attorney Office County Attorney i-EV1 0�Jsa1.?1,22 2. BCC Office Board of County Commissioners Ulf1 y / 5/l3/22 3. Minutes and Records Clerk of Court's Office X' SI VIZ2 (O' PRIMARY CONTACT INFORMATION ��� Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was June 8, 2021 Agenda Item Number 16C3 Approved by the BCC Type of Document Notice of Time Extension Number of Original 1 Attached Documents Attached PO number or account Account: Fund , Cost Center , Object See attached number if document is Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. Ali handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/8/2021 ,and all changes made CME N/A,is not during the meeting have been incorporated in the attached document. The County p1 ' rption for Attorney's Office has reviewed the changes,if applicable. tb l t e 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the �1(/!2 4n ion for Chairman's signature. this,"liti ': I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16C3 Memorandum TO: Minutes & Records FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: May 11, 2022 RE: Beachwalk Wall/PS 101.16 Access — Notice of Time Extension This item was approved by the BCC on June 8, 2021, Agenda Item 16C3. Please attest to Commissioner McDaniel's signature as Chairman on the Notice of Time Extension. Also, please forward the Notice of Time Extension to the Recording Department for recordation. A recording form is attached. Please contact me if you have any questions or comments at Extension 8917. Thank you! z6C3 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, May 20, 2022 3:04 PM To: erb_c Subject: Item #16C3 6-8-21 Notice of Time Extension Attachments: Backup Documents 06_08_2021 Item #16C 3.pdf Hi again, Please see the attached for your records. (receipt attached as last page) Ann Jennejohn 13MR Senior Deputy Clerk II k14 Clerk to the Value Adjustment Board Office: 239-252-s406 Fax: 23 9-252-8408 (if applicable) ce Avtvt.Jevwtejohvt@CollierClerk.cowt ".,, Office of the Clerk of the Circuit Court 4°4 Sr Comptroller of Collier County 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cow i PROJECT: Beachwalk 1 6 C 3 PS 101.16 INSTR 6252865 OR 6127 PG 1213 RECORDED 5/16/2022 9:23 AM PAGES 9 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$78.00 NOTICE OF TIME EXTENSION WHEREAS, a Temporary Construction Easement which is incorporated herein by reference was granted by BEACHWALK RESIDENTS ASSOCIATION, INC., a Florida not-for- profit corporation, whose mailing address is 705 Reef Point Circle, Naples, FL 34108, 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, on June 8, 2021 and was recorded in the Public Records of Collier County, Florida, on June 17, 2021, in Official Records Book 5965, Page 3141; WHEREAS, the Temporary Construction Easement expired on December 31, 2021, without the completion of the public facilities; WHEREAS, the parties have previously agreed, pursuant to the Temporary Construction Easement dated June 8, 2021, that Grantee may extend the Temporary Construction Easement for a period of one (1) year from the date of expiration if the public facilities have not been completed by said expiration date; WHEREAS, Beachwalk Residents Association, Inc., a Florida not-for-profit corporation, has been notified that 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, hereby requires the property described in the Temporary Construction Easement for an additional one (1) year time period for the construction of the public facilities. NOW, THEREFORE, the expiration of the Temporary Construction Easement previously recorded in Official Records Book 5965, Page 3141, is hereby extended until December 31, 2022. IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, Collier County, Florida, has caused these presents to be executed in its name on the 13 fh day of MI , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTA K` IWEL, Clerk of the COLLIER COUN Y, FLORIDA Circuit,o ftand Comptroller (1)4 0' ild "OP icij7,01, A4 a BY: _d= ,�uty Clerk WILLI I , L. MCDANIEL, JR., Chairman Aft as tEt�- an i signaar're Jay,,., 1- Appro wojnand lega ity: ejtki 81M (-Yr 11i2tiv onald Tomasko, Assistant ounty Attorney pill LtKR Vr INC LiKLUil LUUKI MPU LVIvIYIKULLtK, LULL1tK LVUIVlT rLVKiUH oc@.70 $0.70 REC $44.00 ONS $10.00 16C3 PROJECT: Beachwaffc PS 101.18 \\CONSTRUCTION EASEMENT AGREEMENT THIS CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between BEACHWALK RESIDENTS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as • "Owner"), whose mailing address is do Management by Association., 187 Forest Lakes Blvd, Naples, FL 3410,5, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA;A$ THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, -(fefeinafter referred to as "County"), whose post office address is 3335 Tamiami Trail East,..56ite 101, Naples, FL 34112; WHEREAS, the County acqul el ltllity Easement for the wastewater pump station and force main from the pump station, to the existing manhole on 918' Avenue North in Naples Park, when Beachwalk deeioped in 1886; and WHEREAS, the County has requested-that-Owner grant to County a Temporary Construction Easement for the purpose of facilitat mithe 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 co, itlQ is set forth herein, over, under, upon and across Property; and WHEREAS, the Owner has agreed to the terms and conditionset forth herein, said terms Including that no compensation shall be due and payable fathe'Property requested by County; and ($10.00), and other good and valuable consideration, the receipt and sw�Ten Dollars NOW THEREFORE, in consideration of these premises, the s 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 this Conveyance Approved By The Board Of County �'WC) Commissioners ' Collier County Florida, Pursuant T,o'omen 9a Date: 4/f3/2.azi tem No: 1(0 �� 1 6 C 3 A. 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, paid closing shall occur within sixty (60) days of the execution of the Agreement.**th ` oard of County Commissioners (hereinafter referred to as"BCC"). At closing, Ownll,deliver a Temporary Construction Easement to County in a form acceptable to County 4. Conveyance of,,-then 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 ` erein; and the written agreement, including all exhibits attached hereto, shall dons tute the entire agreement and understanding of the parties, and there are no otheprior or contemporaneous written or oral agreements, undertakings, promises, warranties; or covenants not contained herein. 1 5. Owner is aware of and understands that this Agreement is subject to acceptance and approval by the Board of County.C'Ommissioners of Collier County, Florida. 6. Prior to construction completlofi, Sur ty 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 Beachwa Ik association side of wall, Maintenance of landscaping will be the responsibility of t association. 7. County will construct a wall with the finish matching existing as best as possible, around the perimeter of the existing pump statidi,apd install an access gate along the 910 Avenue North side. Routine maintenance (cleaning, painting, stucco) of the wall facing the community will be the responsibility of the'Bpdchwalk association, The interior walls facing the pump station will be maintained by the County. B. Collier County's contractor in cooperation with the E &er 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 infrastructtre w I be performed, and locations recorded by the EOR's surveyor, Contractor will tak ' measures to avoid damage to this infrastructure during excavations and constru and It infrastructure is damaged as a result of the construction, it will be repaired at thetourrty's expense, All acquired measurements of existing and/or relocated infrastructure within the project boundary will be documented on record drawings prepared, signed,,,and'"tealed 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 16 C 3 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 cons,tret6tion of the public facilities has not been completed by December 31, 2021, the Counts,res' rves the right to record in the Public Records of Collier County a Notice of Time ExtedsiOn 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 AgreementtsgEv rned and construed in accordance with the laws of the State of Florida. 12. This Agreement and the terms and provisions hereof shall h II be effective as of the date this Agreement is executed by43oth parties and shall inure to the benefit of and be binding upon the parties hereto,.:erd their respective heirs, executors, personal representatives, successors, successor;trustee, and assignees whenever the context so requires or admits. .; IN WITNESS WHEREOF, the '� par�tes�; Yreto have executed this Construction Easement Agreement on this fA' day of ;: '..'> 2021. Dated Project/Acquisition Approved by BCC: ,S 0 AS TO COUNTY: I47 Jw C'3 DATED: JUn IS (20P-E '• '' ATTEST�a BOARD O COUNTY COMMISSIONERS CRYSTAL K-KINZEL,'Clerk COLLIER tUNTY, FLO`f IDA, , THE GOVERNING OW OF COLLIER ':;„ COUNTY AND AS,''. XROFFICIO THE - GOVERNING B R Q F tHg, Itt')(\ti ast as to Chairmaniii Jot v COLLIER U fY. TER-SEWER 71 {ti' DISTRICT 'signature only. • PENNY TAYLOR, Chairman Approved as to form and legality: JonrNfdr a 7 A. Belpedlo,Assis County Attorney �Q5\s 3 16C3 AS TO COON ._',. WITNESSES:, : ,,\ 'f - r a i vqn 8 P ��� ii hvex%,, 1',2 9QD1 °�'°� BEACHWALK RESIDENTS ASSOCIATION, Witness#1 (Signature) INC., a Florida not-for-profit corporation Robert L Wadron /• Witness#1 (Print Names SWEZ•YJCp RQ•T .. QOG7Q26&YtHW E7Jq Witness#2(Signature) r \ SHARI PETERSON, President Patrick White ,,, Witness#2(Print Name) /�, `:-:,-".:;;'''.S\ ,) r ` 4 16C3 IMIll 0 z 2gdpg2m h Eh g 1 OPTSUIM i 13°A -Li4iEf x0: !AS S A° gi g r g 5/ a x5$ $ ` IA Lig g. � . � � � � � dug - MAA HO 1 if C5 ,2_ __a L-7, 2 ,....0,.. 2 TEIA5/5/4 A co L.L. • tie ,t •,, ga86 41% � �> 4 uR Pc, I ... .,-,V\-.) '411 calY ,AhAup 5 . C" :." '' ; APA;10. III re Q CBE a �gR> RIA - R2 D. m 0 EXBIT,, 01010kwar f `. Q :1y $ p ; L5 g r VI , / , . _o ° ' Lt 2'A n II "' 10.o g i.< 1 i g2 8- -3-1 R 1 .; 1 , 4 2T hi ;J . ig 42 ° 1 —a 2 ' IL I N 2 2 N • N m Q m N =Q u V N. V U. V m (Nj1 ; N U CC''11 U g 3a 1 r2 ~© op po p� O1 po U pj' 4 8 $ b 8. b $ A y�y �6.L G:\SURVEY\PROJECT SURVEY 2019\94 - CCU 264 NAPLES PS 101.16\SURVEY\19-94-TCE.DWG LtKIC OF I lit LIKC.U1I LUUKI ANU LUMNI KULLtK, LULLItK LUUNI Y FLUKIUA oc@.70 $0.70 REC $27.00 ONS $10.00 PROJECT: Beachwalk PS 101.16 r. MPORARY CONSTRUCTION EASEMENT THIIS TEMPORARYr,QNSTRUCTION EASEMENT is made and entered into this day of , 2021, by BEACHWALK RESIDENTS ASSOCIATION, INC., a lorida not-for-profit corporation, whose mailing address is c/o Management by Assot';l Lion., 187 Forest Lakes Blvd, Naples, FL 34105, as Grantor, to the BOARD qP COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVEI,NING 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 G'an)ee (Wherever used herein the terms "Grantee and/Grantee" are used for singular or plural, as the context requires, and include all the parties to this instrume and their respective heirs, legal representatives, successors and assigns.) WITNESN ' H: Grantor, for and in consideration of TEN lO RS ($10.00) and other valuable consideration paid by the Grantee, receipt . ; d :sufficiency of which is hereby acknowledged, hereby conveys, grants, bargai s.�' n'c sells unto the Grantee, a temporary license and privilege to enter upon theillo .ving described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations-of'Kecord. •THIS PROPERTY IS NOT HOMESTEAD . This Easement is granted for the express purpose of providing Oralee temporary access to Grantor's lands as described above, and for the purpose o ,stocing material and equipment during the construction and installation of public improcements 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 A;, Commissioners s - Collier County Florida, Pursuant o Agen is Date:_4,�8���z/ Item No: /6.)G_•3 16C3 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 a d year first above written. WITNESSES . -,',#:2i '\,, BEACHWALK RESIDENTS ASSOCIATION, f INC., a Florida not-for-profit corporation '-^�-'�,'.�\\ r ++ i, dam... ... L. Witnes tlt (Print Name) ld %, 'F ' Vai...„).Wc_ ZC-ZA d-se-41-/ Wane 2(Signature) 1 Selena Evans, Vice President ll"' a Witness#2(Print Name ' '' ',,,,,..":\:/; u STATE OF t ssacl,G'scff5 COUNTY OF 1ssex The fore oing Temporary Construction Easdm t was acknowledged before me by means of L4 physical presence or ❑ ontine this /9 day of Ploy , 2021 by Selena Evans, Vice`P` sident on behalf of Beachwalk Resident Association, Inc., a Florida not-for-profit c4rOocation. Such person(s) Notary Public must check applicable box , I 0 are personally known to me. , .� , ) © produced his current driver license.. E produced 'k, identification < t ` (Notary Seal) ,----�� ,,.,) Notary Pub ,, , Printed Name of Notary: ' /re. L Commission Number: N/A My Commission Expires: , amber-3°,„:�� Approved as to form and Iega`ty th. RYAN ANDREWS Notary Public • CI R COMMONWEALTH OF MASSACHUSETTS;'• My Commission Expires Jennie A Beipedio. As nt County Attorneyciii 2.-‘ December 30, 2022 t' 3 !,� .� ,v 6 ' WW1 2R�m g ° g - g4g• igEgo Ii gilp lg P" N rA Ia Z m y p p l� ���QQQ777� �f +r�5�j = �'+ V1 2 7t QQ p § rv, 2 v 1V8A : git 2 2 0?@A ! 4%,f14.g1 R p I Re, ` N . - A P **M4041 1:g2 1 at — . .,-,,-- lx6-0., 9311 2 ig , N.. gollg 92 18 ,s,:',„ • 0'. 6 - AA /2"- , 4 R - r g 5 2 W ,r, pig or 2gg `&'0, r V • �V '" n f! p U ›N Q s = ,f23 ry, -+ �� g11Ag_w i A N tI g l Ax8,44A% pig II 06 • 4 it i a , r i �! N E p p 0 . gq � °� ^ xR m z�' ...8 `` :: L1 m q� IIj. II 3'. m N ,0.0' I ,D pi..0 M4 Fa y , . p. 2 4 i i e Ili' 1.-- li q of ` .. E q L3 ) IM Z Z N N N k N k 44 u N u N •U U •U t I © �o " o I 8 8 * 8 8 8 A C, C:\SURVEY\PROJECT SURVEY 2019\94 - CCU 264 NAPLES PS 101.16\SURVEY\19-94-TCE.DWG