Agenda 05/11/2021 Item #16C 1 (Agreement w/Beachwalk Residents Association)05/11/2021
EXECUTIVE SUMMARY
Recommendation to approve a Construction Easement Agreement, and Temporary Construction
Easement with Beachwalk Residents Association, Inc., for the purpose of constructing a wall
around an existing wastewater pump station, at a cost of $100.
OBJECTIVE: To approve a Construction Easement Agreement and Temporary Construction Easement
with Beachwalk Residents Association, Inc., a Florida not-for-profit corporation (Owner) and the Board
of County Commissioners of Collier County, as the Governing Body of Collier County and as Ex-Officio
the Governing Board of the Collier County Water-Sewer District (District).
CONSIDERATIONS: The District acquired a Utility Easement for the wastewater pump station and
force main for the pump station to the existing manhole on 91st Avenue North in Naples Park when
Beachwalk was developed in 1986.
The District has requested that the Owner grant to the District a Temporary Construction Easement for the
purpose of facilitating the installation of infrastructure and a wall around the wastewater pump station.
District will construct a wall with the finish matching the existing wall as best as possible, around the
perimeter of the existing pump station and install an access gate along the 91 st 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 District.
In the event of Force Majeure, the District would be responsible for repairing the wall around the pump
station within the existing easement to preserve security and safety.
The attached documents have been reviewed and approved by the County Attorney’s Office.
FISCAL IMPACT: The total outlay should not exceed $100 for the recording of the documents.
Funding is available in and is consistent with the FY20-21 Capital Budget approved by the Board on
September 17, 2020. The source of funding is Wastewater User Fee Capital Fund 414. Funds are
available in Project 70240.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
majority vote for approval. -JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the Construction Easement
Agreement and Temporary Construction Easement, and to direct the County Manager or his designee to
record the easement in the Public Records of Collier County, Florida.
Prepared by: Cindy Erb, SR/WA, Sr. Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Revised Agreement 4-20-2021 (PDF)
3. Temporary Construction Easement (PDF)
16.C.1
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05/11/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 15410
Item Summary: Recommendation to approve a Construction Easement Agreement, and
Temporary Construction Easement with Beachwalk Residents Association, Inc., for the purpose of
constructing a wall around an existing wastewater pump station, at a cost of $100.
Meeting Date: 05/11/2021
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
04/19/2021 2:26 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
04/19/2021 2:26 PM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 04/19/2021 2:35 PM
Wastewater Steve Messner Additional Reviewer Completed 04/19/2021 2:35 PM
Facilities Management Toni Mott Additional Reviewer Completed 04/19/2021 2:44 PM
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 04/19/2021 4:20 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/20/2021 1:41 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 04/22/2021 1:26 PM
Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 04/23/2021 9:25 AM
Public Utilities Planning and Project Management Drew Cody Additional Reviewer Skipped 04/23/2021 9:36 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 04/23/2021 9:47 AM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 04/23/2021 11:19 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/03/2021 4:56 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/04/2021 8:21 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/04/2021 9:01 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/04/2021 9:09 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2021 10:52 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/04/2021 5:49 PM
16.C.1
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05/11/2021
Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM
16.C.1
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16.C.1.a
Packet Pg. 493 Attachment: Location Map (15410 : Beachwalk Wall)
16.C.1.b
Packet Pg. 494 Attachment: Revised Agreement 4-20-2021 (15410 : Beachwalk Wall)
16.C.1.b
Packet Pg. 495 Attachment: Revised Agreement 4-20-2021 (15410 : Beachwalk Wall)
16.C.1.b
Packet Pg. 496 Attachment: Revised Agreement 4-20-2021 (15410 : Beachwalk Wall)
16.C.1.b
Packet Pg. 497 Attachment: Revised Agreement 4-20-2021 (15410 : Beachwalk Wall)
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16.C.1.b
Packet Pg. 498 Attachment: Revised Agreement 4-20-2021 (15410 : Beachwalk Wall)
PRO」ECT: Beachwa k
PS 101 16
丁巨MPORARY CONSttRUCT10N EASttMEN丁
THIS TEMPORARY CONSTRUCTION EASEMENT is made and entered into this
day of , 2021, by BEACHWALK RES:DENTS
ASSOCiAT10N,iNC.,a Fiorida not‐for‐profit corpOration, whose malling address is
c/o Management by Association, 187 Forest Lakes Bivd, Naples, FL 34105, as
Grantor,to the BOARD OF COUNTY COMM:SSiONERS OF COLL:ER COUNTY,FLORIDA, AS THE GOVERNING BODY OF COLL!ER COUNTY AND AS
EX‐OFFiCiO THE GOVERN!NG BOARD OF THE COLLIER COUNTY
WATER‐SEWER D:STRICT,whose post office address is 3335 Tamiami Tra∥East,
Suite 1 01,Naples,FL 34112,as Grantee
(Wherever used herein the terms ・Grantor・ and ・Grantee" are used for singular o「 plural as the context
requires, and include a∥the parties to this instrument and their respective heirs, legal「ep「esentatives, successors
and assigns)
llVIT N E S S E T H:
Grantor,for and in consideralon of TEN DOLLARS($1000)and Other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknovvledged, hereby conveys, grants, bargains and se∥s unto the Grantee, a
temporary license and privilege to enter upon the fo∥owing described lands located in
Collier County,Flonda,tO wll
SEE ATTACHED EXH!Bl丁 ∥A"
Sublectto easements,restHclons,and reseⅣalons ofrecord
TH:S PROPERTYIS NOT HOMESTEAD
This Easementis granted forthe express purpose of providing Grantee temporary
access to Grantor's iands as described above, and for the purpOse of storing material
and equipment dunng the construcJon and installalon of public improvements adiacent
thereto tthis Easement sha∥ expire one year beyond the official acceptance of the
public improvements by the Board of County Commissioners of Co∥ier County,Florida,
or on December 31, 2021, whichever occurs first lf 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 lfthe Grantee sha∥extend the completion of
16.C.1.c
Packet Pg. 499 Attachment: Temporary Construction Easement (15410 : Beachwalk Wall)
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.
lN 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
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Witness #1 (Print Name)
ヽ´′tness#2(Signature)SHARI PETERSON,President
W tness,2(P百 nt Name)
STATE OF
COUNTY OF
2021 by Shari Peterson as President, on behalf of Beachwalk
Residents Association, lnc., a Florida nolfor-profit corporation. Such person(s) Notary
Public must check applicable box:
! are personally known to me.
! produced his current driver license.
n produced as identification.
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires:
Approved as to form and legality:
W iness#1(Signature)
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16.C.1.c
Packet Pg. 500 Attachment: Temporary Construction Easement (15410 : Beachwalk Wall)
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Packet Pg. 501 Attachment: Temporary Construction Easement (15410 : Beachwalk Wall)