Second Amendment to Settlement Agreement & General Release INSTR 5363950 OR 5360 PG 29
RECORDED 2/3/2017 10:28 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL
RELEASE
This SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL
RELEASE(the"Second Amendment")is made and entered into this a`'1�''day of—Taw/el/
,20 /7, by and between Villages at Stella Maris Master Association, Inc., a Florida not-
for-profit corporation (the "Master Association"), and Collier County, Florida, a political
subdivision of the State of Florida(the"County").
WHEREAS, on June 26, 2007, the Master Association, County and POI Development,
Inc. ("Developer") entered into a Settlement Agreement and General Release (the "Settlement
Agreement"), dated June 26, 2007 and recorded on June 29, 2007 in Official Records Book
4251, Page 1019 of the Public Records of Collier County, Florida, affecting the property
described in Exhibit A, attached hereto(the"Development");and
•
WHEREAS, pursuant to the terms of the Settlement Agreement, the Developer, in
recognition of the Collier County Manatee Protection Plan, agreed to grant the County a
conservation easement over its seawall so that no boats would be allowed to dock alongside the
seawall, in exchange for the County permitting the use of a boat ramp, as described in the Site
Development Plan for Stella Maris Phase III, dated July 3, 2003, on the condition that the boat
ramp would service no more vessels than could have docked alongside the seawall in a marginal
wharf configuration; and
WHEREAS, the Master Association, County and Developer entered into an Amendment
to Settlement Agreement and General Release (the "Amendment") on May 12, 2015 and
recorded on May 27, 2015 in Official Records Book 5156, 1101 of the Public Records of Collier
County, Florida; and
WHEREAS, on May 12, 2015, the County approved the vacation of the conservation
easement via Resolution No. 2015-95; and
WHEREAS, pursuant to the terms of the Amendment, the County agreed that the intent
of Section 4.6.3 of the Collier County Manatee Protection Plan, relating to shoreline
development within the manatee sanctuary at Port of the Islands, is to limit boat traffic in the
area to the maximum number of boats that can be located in a parallel marginal wharf
configuration along the waterfront of multi-family areas.
WHEREAS, based on that interpretation, the County agreed to allow for construction of
residential boat dock improvements along the 912.05 foot long seawall previously encumbered
by the conservation easement, consisting of no more than 39 boats, each limited to 22 feet in
length, in place of the previously contemplated boat ramp; and
WHEREAS, subsequent to the Amendment, staff determined that additional docks could
be allowed, and that a maximum of 42 boats with an average length of 22 feet could dock along
the 912.05 foot long seawall in a parallel wharf configuration;
WHEREAS, the Master Association and the County agree that the intent of the Manatee
Protection Plan will be preserved by allowing the construction of the number of boat docks
(6;.))
necessary to accommodate a maximum of 42 boats with an average length of 22 feet, as long as
the cumulative vessel length will not exceed 912.05 feet.
NOW, THEREFORE, in consideration of the foregoing premises and the following
mutual promises (the receipt and sufficiency of such consideration being acknowledged by the
parties), the parties agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Paragraph 6 of the Settlement Agreement is amended as follows:
Boat Dock Improvements. The County agrees to approve the residential
boat dock improvements ("dock improvements") described herein for the
portion of the Stella Maris Phase III development abutting the seawall
described in Exhibit "A" upon satisfactory application by the Master
Association for a Site Development Plan Amendment, Boat Dock
Extension, and any other requisite County permits or approvals in
accordance with applicable standards under County ordinances and
regulations. The dock improvements shall consist of no more than 3.9 42
boats with an average length of 22 feet along the 912.05 foot long seawall
described in Exhibit "A dips, each limited to 22 feet in length, which is
consistent with the maximum number and size of boats that would be
permitted under a parallel marginal wharf configuration, located along the
912.05 foot long seawall -- • - • • • -
•
- •- • • '. _ . . . . The Master Association does
not presume that this Amendment to the Settlement Agreement provides
for a one-to-one boat-to-condominium unit relationship. The County's
3. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed by their appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT BROCK, Clerk COLLIER COUNTY, FLORIDA
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B), < { ' �� D ' By: /
. l -putiiClerk Pe.,,nri. q...\1 .c , Chairman
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signature oil►:,
[15-CPS-0 1 497/1 3 0 5 029/1 I Words underlined are added Words strtrek-thretatt44 arc deleted.
12/9116
.
Approved as to form
and legality:
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.IA (ill//(0
Scott A. Stone
Assistant County Attorney
WTTNESSES(TWO)
VILLAGES AT STELLA MARIS
MASTER ASSOCIATION, INC.
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Print Name: E 41 O , ,, /,
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By: L____Da -N 7,./ta-e-
ri
Name: � ep J ,O, QtAi i v Dan Truckey. President
(CORPORATE SEAL)
STATE OF Esc.-- n )
) SS:
COUNTY OF 6-o ' )
The foregoing instrument was acknowledged before me this 6 day of 3�-,----j
20 I1 , by Dan Truckey as President of Villages at Stella Maris Master Association, Inc., a
Florida not-for-profit corporation, on behalf of the corporation. He is personally known to me or
has produced (type of identification) Iarter s L-u..ce as
identification.
JORD41WRr4Di�iaWMMEi+ 1•..,-`
JORDAN BRADEE EUVE otary Public
NOTARY PUBLIC
STATE OF WISCONSIN �perAD-ei le GALA.,,"t
Printed Name
My commission expires: � 17/ `1.c 1l
I1,5-CPS-01497/1305029/11 Words underlined are added;Words struck-through are deleted.
12/9/16 6:;)
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PORTELLA & ASSOCIATES, LLC
Land Surveyors
Dennis M. Portella, Sr. PLS PHONE:238-776.8511 MMUNG ADDRESS:
FAX 239-775.6465 2384 Linwood Avenue
Ernst:DporleIIa0aol.corn Naples,Florida,34112
APRIL 30,2007
EXHIBIT "A"
DESCRIPTION OF A 2.35 FOOT CONSERVATION EASEMENT AT STELLA MARIS TRACT M-1
A PARCEL OF LAND LYING AND BEING IN TRACT M-1, STELLA MARIS, AS RECORDED IN
PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TRACT M-1, STELLA MARLS, AS
RECORDED IN PLAT BOOK 26, PAGES 214;1!714 HE PUBLIC RECORDS OF COWER
COUNTY, FLORIDA; THENCE ALONG = '
:.��''if'}+i:��►• ,:►• TERLY LINE OF SAID TRACT M-
1, RUN S 0019'08" W, A DISTAN•i"%• ' 0.60 F WATERSIDE FACE OF AN
EXISTING (1.35 FOOT WIDE) C• 4711.4 SEAWALL; k E WESTERLY. ALONG THE
WATERSIDE FACE OF SAID CO I 89' W, A DISTANCE OF 61.78
FEET TO THE • • •F : 1 , ,_c/ � 4. .5 . r , •NSERVATION EASEMENT
HEREIN DESCRIBED; THENCE Srrinr 4 : ' 14� I ANCE OF 568.44 FEET TO
THE SOUTHWEST CORNER • ! 41111^ ; d• ;._� ; THENCE NORTHERLY,
CONTINUING ALONG THE WAT IPZ. : A • - 0 i SEAWALL, N 00'16'22"E,
A DISTANCE OF 343.61 FEET To 'OINT THAT 1 S ,w THE PROJECTION OF
THE NORTH LINE OF SAID TRA 1, STELLA • •' j4 E EASTERLY, ALONG SAID
PROJECTED NORTH UNE OF " • -1, STELLA • • 1 85'49'58" E, A DISTANCE OF
2.36 FEET TO A POINT BEING 1 •'44. -• 1 ; • ' E LANDWARD SIDE OF SAID
CONCRETE SEAWALL; THENCE SO ' • OEM r , ' . - W, A DISTANCE OF 341.44 FEET;
THENCE EASTERLY, N 89'41'15" E. A DIST•N. • 566.09 FEET; THENCE SOUTHERLY, S
00'16'45"W,A DISTANCE OF 2.35 FEET TO THE pOINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONTAINING 0.05 ACRES, MORE OR LESS.
BEARING CONFORM TO THE EAST UNE OF TRACT M-1, STELLA MARIS, BEING S 00'19'08"
W, PER PIAT IN PLAT BOOK 26, PAGE 26 AND 27.PUBLIC RECORDS OF COLLIER COUNTY, 1
FLORIDA.