Backup Documents 04/26/2022 Item #16C7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP c
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.
2.
3. County Attorney Office County Attorney Office z
\) ) e 2-8
4. BCC Office Board of County
Commissioners Ii''l I y/ ISI y/Lg/42
5. Minutes and Records Clerk of Court's Office ` i4 55
21227
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 Robin Bain/PUD—Solid Waste Phone Number 239-252-5105
Contact/Department
Agenda Date Item was 04-26-2022 Agenda Item Number 16.C.']'✓
Approved by the BCC
Type of Document Contract Number of Original 1
Attached Documents Attached
PO number or account
number if document is
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? S RB
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. RB
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 RB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip RB
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 04/26/2022 and all changes made during RB is not
the meeting have been incorporated in the attached document. The County option for
Attorney's Office has reviewed the changes,if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved by the is not
BCC,all changes directed by the BCC have been made,and the document is ready for the ption for
Chairman's signature. 'e.
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
I 6 G
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, May 2, 2022 1:13 PM
To: 'Robin.Bain@colliercountyfl.gov'
Subject: Construction & Maintenance Agreement (Item #16C7 4-26-22 BCC Meeting)
Attachments: Construction & Maintenance Agreement (Item #16C7 4-26-22 BCC Meeting).pdf
Good Aftervtoovt Robivt,
Please see the attached executed agreevvtevtt,
referevtced above, for your records.
Thavtk you.
Ann Jennejohn
13MR Sevtior Deputy Clerk II
(ir, Clerk to the Value Adjustwtevtt Board
�.� ,./ Office: 2.39-252-8406
Fax: 239-252-8408 (if applicable)
Avist.Jemitejoho.@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier Couvtty
32.99 Tawtiawti Trail, Suite #4O1
Naples, FL 34112-5324
www.CollierClerk.com
i
16C7
CONSTRUCTION AND MAINTENANCE AGREEMENT
BETWEEN
WATERWAYS OF NAPLES HOMEOWNERS' ASSOCIATION, INC.
AND
COLLIER COUNTY
This Construction and Maintenance Agreement is entered into this 0— day of
nn
I (ar,lit , 20 it, by Collier County, a Political Subdivision of the State of Florida
("County")and Waterways of Naples Homeowners'Association,Inc. ("Waterways"),collectively
known as "Parties"whose address, telephone number and e-mail are as follows:
County: Board of County Commissioners of Collier County
c/o Solid&Hazardous Waste Management Division
3339 Tamiami Trail East, Suite 302
Naples, Florida 34112
Waterways: Jeffrey Heverling, President, or his successor
925 Grand Rapids Blvd,Naples, FL 34120
RECITALS:
Whereas, Collier County is in the process of expanding and improving its property along 39th
Avenue NE adjacent to Waterways' property; and
Whereas, Waterways has requested a privacy wall located upon its property and County is
willing to construct such wall for the purpose of providing additional screening and buffering
between the Waterways of Naples Subdivision from adjacent government facilities, including the
existing location of the Collier County Fairgrounds; and
Whereas, Right of Entry recorded in Official Records of Collier County at Book 5134, Page
2016 grants Collier County access to property owned by Waterways for the installation of an 8-
foot privacy wall and any support structures or to perform any required ground-work, appurtenant
thereto for the purpose of installing the privacy wall; and
Whereas, the Right of Entry provides that Collier and Waterways will be solely responsible
for the maintenance of their respective sides of the wall, including whether their side of the wall
is painted; and
Whereas, the Parties desire to clarify and update their roles and responsibilities regarding the
construction and future maintenance of the wall.
1
0
1 6 C 7
THE PARTIES AGREE AS FOLLOWS:
Article 1: County's Responsibility
1.1 County will contract for the permitting, design, and construction of a 8-foot wall at
its sole expense on Waterway's property in accordance with Plans identified as
Exhibit"A,"attached.
1.2 County is solely responsible for determining and obtaining all necessary permits
and approvals and paying for all fees required for the construction of the wall.
1.3 Upon issuance of the certificate of completion by the County's Growth
Management Department the wall will become property of Waterways relieving
the County from all responsibility thereof.
1.4 At its sole expense, County may record a fully executed copy of this Agreement in
the Official Records of Collier County.
Article 2: Waterway's Responsibility
2.1 Waterways will cooperate with County during the permit process,including but not
limited to providing required authorizations to County and its agents to construct
the wall on Waterway's property.
2.2 Waterways as the owner of the wall is responsible to insure the wall at its discretion.
Article 3: General Provisions
3.1 This Agreement supersedes the maintenance and natural disaster responsibilities
set forth in the above referenced Right of Entry. All other terms of the Right of
Entry will remain in full force and effect including indemnification provisions.
3.2 This Agreement shall be construed in accordance with the laws of the State of
Florida.
3.3 This Agreement constitutes the entire agreement of the parties hereto and will
supersede all prior offers, negotiations and agreements with respect to the subject
matter of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the
day and year first written above.
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2
I6Ci
WATERWAYS:
WATERWAYS OF NAPLES
HOMEOWNERS' ASSOCIATION, INC.
J, fre pro ing, 'resident
COUNTY:
ATTEST:- BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
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11. a� „ Ch ' PU Y
signeture only:
William L. McDaniel, Jr., Chairman
Approved as to form and legality:
Cenr- Cs,/
Jennifer A. Belpedio (rj
Assistant County Attorney � \P
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