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Backup Documents 01/24/2017 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST ZU ' i ; ,r 4 • TO ACCOMPANY ALL ORIGINAL DOCUMENTS S T TO ` '3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU�� Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co/nty or e at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County At e i ater than Monday preceding the Board meeting. 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. i 3. County Attorney Office County Attorney Office t &y/7 4. BCC Office Board of County -I-- A — j,4/ 1\-A\�-1 5. Minutes and Records Clerk of Court's Office � t 21 i i xat 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 o"missing information. Name of Primary Staff Summer Araque Phone Number 252-6290 Contact/ Department Agenda Date Item was January 24,2017 Agenda Item Number 16.A.2 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account 131-178984-649030 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? SBA ! 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 SBA 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 SBA 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 SBA 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 January 24,2017 and all changes made SB i during the meeting have been incorporated in the attached document. The County ; Attorney's Office has reviewed the changes,if applicable. 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 4 _ ' Chairman's signature. (____________,_ ,,,,,,,,,„. 1: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 1(2— c435_ U4y97 1 6 A2 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, February 10, 2017 4:16 PM To: BrownAraque, Summer Subject: Item #16A2 (1-24-2017) Attachments: Second Amendment to Settlement Agreement &General Release.pdf Hi Summer, A copy of the (recorded) Secovtd AvinendvvIent to the Settlemevtt Agreewtent and General Release w/the Villages of Stella Maris Master Association, Inc. that was approved by the Board January 24, 2017 (Item #16A2) is attached For you. The last page is a receipt for the recording charges involved. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment r3oard Collier County Board Mivtutes & Records Dept. 23q-252-8406 Fax 239-252-8408 1 1 6 A 2 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 am isk day of—Te4e497' ,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 • WI IEREAS, 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 . . 1 6 A 2 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. THER.EFORE, 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 39 42 boats with an average length of 22 feet along the 912.05 foot long seawall described in Exhibit "A."-slips, 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 DWiGi l'F BROCK,-Clerk COLLIER COUNTY, FLORIDA 49.w f' / t3y: / I:putv,Clerk 'Pe,,�n _ �' ( , Chairman Mei �, signatureogf:; 15-1'PS-01a9"I;054129 I J 11 ords undcrlincd arc added:Word,Ncj, -N* ....h are deh ted. 1_2'916 • . 1 6 A2 Approved as to form and legality: iko Scott A. Stone Assistant County Attorney WITNESSES(TWO) VILLAGES AT STELLA MARIS MASTER ASSOCIATION, INC. 12)kaYtit-Zad afi Print Name: yh *N. By: , ' 411 . 00 , Dan Truckey.President 0 int Name: efAtr,13 y\ (CORPORATE SEAL) STATE OF (Asc.-5;n ) )SS: COUNTY OF 6ripti.‘ ) The foregoing instrument was acknowledged betbre me this 45 day of 20 , 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) ( --Ne.,es as identification. J4FiDAlaitatrAtirafkT' - ,,'otary Public NOTARY PUBUC STATE OF WISCONSIN te Printed Name My commission expires: t .--) k 24) 1IS-CPS41149711305629/1j Words itodertimd are added;Words fartualtrItroogrt are deleted. 12/9/16 • . 1 6 A2 Approved as to form and legality: iko Scott A. Stone Assistant County Attorney WITNESSES(TWO) VILLAGES AT STELLA MARIS MASTER ASSOCIATION, INC. 12)kaYtit-Zad afi Print Name: yh *N. By: , ' 411 . 00 , Dan Truckey.President 0 int Name: efAtr,13 y\ (CORPORATE SEAL) STATE OF (Asc.-5;n ) )SS: COUNTY OF 6ripti.‘ ) The foregoing instrument was acknowledged betbre me this 45 day of 20 , 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) ( --Ne.,es as identification. J4FiDAlaitatrAtirafkT' - ,,'otary Public NOTARY PUBUC STATE OF WISCONSIN te Printed Name My commission expires: t .--) k 24) 1IS-CPS41149711305629/1j Words itodertimd are added;Words fartualtrItroogrt are deleted. 12/9/16 16A2 ____. . . PORTELLA& ASSOCIATES,LLC Land Surveyors Dennis M. Patella, Sr.PLS PHOt4E.239-7768511 MARINO ADDRESS: FAX: 238.7166465 2384 Ure*ood Avenue Emat Dpo.1ata©eot.com Naples,Fbr#a,34112 APRIL 30,2007 EXHIBIT "A" PESCRIPTION OF A 2,35 FOOT CQNSERVATION EASEMENT AT STELLA MARIS TRACT M-1 A PARCEL OF LAM) LYING AND BEING IN TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT MI-1, STELLA MARLS, AS RECORDED IN PLAT 800K 26,PAGES 2: ,:,. 01, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG ,4•Nr,-*+,z -3ra -TERLY LINE OF SAID TRACT IX 1, RUN S 00'19'08" W, A DIST• ,��+-�►*` 0.60 F i . WATERSIDE FACE OF AN EXISTING (1.35 FOOT WIDE) • SEAWALL, .E WESTERLY. ALONG THE WATERSIDE FACE OF SAID * .• f$ 89' W, A DISTANCE OF 61.76 FEET TO THE ',c* ki '. : --k..„-b it ,: •� 't �, e.+ e . '•NSERVATION EASEMENT HEREIN DESCRIBED;THENCE +�"a`� ,' TTe • CE OF 588.44 FEET TO THE SOUTHWEST CORNER ,.4, + ; : d• � ' THENCE NORTHERLY, CONTINUING ALONG THE WA ii4 . A i .. tD y- SEAWALL.N 00'16'22”E. A DISTANCE OF 343.61 FEET RA r '•INT THAT I :.'S THE EASTERLY,ALONGISAID THE NORTH LINE OF SAID T • 1, STELLA 0j ,► PROJECTED NORTH UNE OF + a.,4„1, STELLA ' ' , B5'49'58' E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 •-4 • t : ' ` E LANDWARD SIDE OF SAID -, . CONCRETE SEAWALL THENCE • ' . . ' fier W,A DISTANCE OF 341.44 FEET; THENCE EASTERLY, N 89'41'15"E,A DIST*1' • • 566.09 FEET;THENCE SOUTHERLY, S 00`18'45"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 00'19108" IN, PER PLAT IN PLAT BOOK 26, PAGE 26 AND 27.PUBLIC RECORDS OF COWER COUNTY, FLORIDA.