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Backup Documents 03/13/2012 Item #16K 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16K 2 ROUTING SLIP Route to Addressee(s) Office Initials Date List in routing order 1. 2. 3. 4. Steven T. Williams, Assistant County Office of the County Attorney STW 3/13/12 Attorney 5. Ian Mitchell, BCC Office Board of County Commissioners Su ervisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Steven T. Williams, Assistant County Phone Number 252 -8400 Contact Attorney Agenda Date Item was March 13, 2012 Agenda Item Number 16K2 A roved b the BCC Type of Document Settlement Agreement & Joint Motion for Number of Original 2 Attached Order Approving Same Documents Attached Yes N/A (Not (Initial) A licable STW STW STW STW STW 3TW I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 =..v ■ a.a,a., i avt�a ac a.nr.�,riL1J1 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC irman and Clerk to the Board and possibly State Officials.) andwritten strike - through and revisions have been initialed by the County Attorney's ce and all other arties except the BCC Chairman and the Clerk to the Board Chairman's signature line date has been entered as the date of BCC approval of the ment or the final negotiated contract date whichever is applicable. n here" tabs are placed on the appropriate pages indicating where the Chairman's FLa ture and initials are re uired. ost cases (some cont racts are an exception), the original document and this routing slip ld be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. e documents are time sensitive and require forwarding to Tallahassee within a certain frame or the BCC's actions are nullified. Be aware of our deadlines! document was approved by the BCC on March 13, 2012 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the than es, if applicable. Yes N/A (Not (Initial) A licable STW STW STW STW STW 3TW I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLO RIDA 1 6 K IN AND FOR COLLIER COUNTY CIVIL DIVISION WILLIAM G. LHOTA and KAREN L. LHOTA, husband and wife Plaintiffs, V. CASE NO. 08- 8359 -CA THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA; CLOTILDE PEREZ and ZENAIDA PEREZ, husband and wife; TIMOTHY T. LAINHART a/k/a TODD LAINHART and ANTHONY I. LAINHART a/k/a TONY LAINHART, and BRANCH BANKING AND TRUST COMPANY, Defendants. CONSOLIDATED WITH BRANCH BANKING AND TRUST COMPANY, Plaintiff, V. CASE NO. 10- 05560 -CA CLOTILDE PEREZ and ZENAIDA PEREZ, et al. Defendants. SETTLEMENT AGREEMENT AND JOINT MOTION FOR ORDER APPROVING SAME Plaintiffs, William and Karen Lhota C %hota "), Plaintiff, Branch Banking and Trust Company ( "BB &T" ), Defendant, Collier County, Florida ("Collier ") and Defendants, Clotilda Perez and Zenaida Perez ( "Perez "), collectively ("the Parties ") hereby agree to a full and final settlement on the following terms: 1. The Parties acknowledge and agree that Lhota, BB &T and Perez own the following parcels of property: 16103452 (i) Lhota owns: The East %2 of the Northeast %4 of the Northwest 16K 2 '/4 of the Northeast %4 of Section 13, Township 49 South, Range 27 East, Collier County, Florida. (ii) BB &T owns: The West %2 of the Northeast '/4 of the Northwest '/4 of the Northeast %a of Section 13, Township 49 South, Range 27 East, Collier County, Florida. (iii) Perez owns: The East '/2 of the Northwest %4 of the Northwest '/4 of the Northeast %4 of Section 13, township 49 South, Range 27 East, Collier County, Florida. 2. The Parties acknowledge and agree that the northern boundary line of the Lhota, BB &T and Perez parcels is the northern section line of Section 13, Township 49 South, Range 27 East in Collier County, Florida. 3. The Parties acknowledge and agree that the Golden Gate Estates Unit No. 51 Subdivision, recorded at Plat Book 5, Pages 84 and 85 of the Public Records of Collier County Florida, is located immediately north of the Lhota, BB &T and Perez parcels and that the southern boundary line of the subdivision is the northern section line of Section 13, Township 49 South, Range 27 East. 4. The Parties acknowledge and agree that in the Plat dedication for the Golden Gate Estates Unit No. 51 Subdivision, an easement was created for drainage purposes to the perpetual use of the public in the southern 60 feet of the subdivision which intersects with a 60 foot easement for ingress and egress dedicated to the perpetual use of the public along 22nd Street S.E. from Golden Gate Blvd. to the northern section line of Section 13, Township 49 South, Range 27 East. 16103452 16K2 5. The Parties acknowledge and agree that (i) the C -1 Connector Canal is, located within the drainage easement area in the southern 60 feet of the Golden Gate Estates Unit 51 subdivision, (ii) a dirt road named Frangipani Avenue which runs east and west is located immediately south of the C -1 Connector Canal, (iii) in the area immediately north of the Lhota, BB &T and Perez parcels, Frangipani Avenue is located within the southernmost 20 feet of the Golden Gate Estates Unit 51 subdivision and (iv) Gulf American Land Corporation, a dissolved Florida Corporation, retained title to the drainage easement area and has been defaulted in this case. 6. The Parties acknowledge and agree that (i) South Florida Water Management District (" SFWMD") and Collier County have entered into a Third Amendment to Cooperative Agreement (C- 11759), a copy of which is attached hereto as Exhibit A, (ii) SFWMD has transferred all of its right, title, interest and control of the C -1 Connector Canal to Collier County, (iii) the C -1 Connector Canal is not a "work of the district" or a "work of the basin" and SFWMD no longer has jurisdictional authority over permitting or authorizing uses of the C -1 Connector Canal. 7. The Parties acknowledge and agree that (i) 22nd Street S.E. extends from Golden Gate Blvd. to the northern section line of Section 13, Township 49 South, Range 27 East and this street is open for the use and benefit of the public, (ii) at the intersection of 22nd Street S.E. and the C -1 Connector Canal there is a privately maintained culvert bridge which is part of the public road open for the use and benefit of the public, (iii) Perez, Lhota and BB &T have a legal right of pedestrian and vehicular access and are entitled to ingress and egress to their parcels by driving over, across and upon 22nd Street S.E. and Frangipani Avenue, including across the bridge over the C -1 Connector Canal, and (iv) Perez, Lhota and BB &T have a right to utilities along Frangipani Avenue. 16103452 3 8. The Parties acknowledge and agree that if for any reason in the future the southern 20 feet of the Golden Gate Estates Unit 51 subdivision is needed by Collier County for drainage purposes and Collier County provides written notice to the parties that it will no longer permit the use of Frangipani Avenue for access to 22nd Street or if for any other reason it should become impossible to use Frangipani Avenue in its current location, then (i) the Lhota parcel shall have a non - exclusive, perpetual easement for utilities and pedestrian and vehicular access over and across the northern 15 feet of the BB &T parcel and the northern 15 feet of the Perez parcel, subject to the easement rights of FPL in the northern 10 feet, commencing on the western boundary of the Lhota parcel and continuing to the western boundary of 22nd Street S.E. extended and (ii) the BB &T parcel shall have a non - exclusive, perpetual easement for utilities and pedestrian and vehicular access over and across the northern 15 feet of the Perez parcel, subject to the easement rights of FPL in the northern 10 feet, commencing on the western boundary of the BB &T parcel and continuing to the western boundary of 22nd Street S.E extended. In the event FPL objects to Lhota and/or BB &T's use of the access easement in the northern 15 feet of the Perez and BB &T parcels, then the easement shall extend an additional 10 feet south, so that the easement is comprised of the northern 25 feet of the Perez and BB &T parcels. The easements established and confirmed by the attached Order shall be appurtenant to the parcels owned by Perez, Lhota and BB &T, the benefits and burdens shall run with the land and apply to Perez, Lhota and BB &T and their heirs, successors in title and assigns. The owners of the subject easements (i.e. the dominant tenements) shall be responsible for any maintenance and/or improvements reasonably required for their use of the easements in a safe manner on the Perez and BB &T parcels. 9. Upon approval of this Settlement Agreement by the Court and by operation of the Order Approving Settlement Agreement, all claims in BB &T's Amended 16103452 Complaint and all claims in Lhota's Second Amended Complaint shall be dismissed with 16KZ prejudice as to Perez and Collier with the parties to this agreement bearing their own attorney's fees and costs. The Parties, by and through their undersigned counsel, jointly move for entry of the Order Approving Settlement Agreement and Confirming Legal Right of Access and stipulate to the form of Order attached hereto as Exhibit B. The Parties further stipulate and agree that upon entry of the Order, Plaintiffs may record the Order in the Public Records of Collier County, Florida. 10. Within 20 days after approval of this agreement by the Circuit Court Judge assigned to these consolidated cases, Stewart Title Guaranty Company shall pay $3,750.00 to Perez and Old Republic National Title Insurance Company shall pay $1,250 to Perez by payment payable to "Hall, Lamb and Hall, P.A. Trust Account" and delivering payment to Adam J. Lamb, Esq., 2665 S. Bayshore Drive, Penthouse One, Miami, FL 33133. In the event that Perez is required to enforce this Agreement due to the failure of a party to timely make the payments required herein, Perez shall be entitled to reimbursement of his attorney's fees and costs incurred in connection with said enforcement from the breaching party. 11. This Settlement Agreement is contingent upon approval by the Board of County Commissioners of Collier County and approval by the Circuit Court Judge assigned to these consolidated cases. Collier County agrees to submit this Settlement Agreement to the Board of County Commissioners as soon as reasonably possible. Upon approval of this Settlement Agreement by the Board of County Commissioners, Plaintiffs counsel shall promptly set the Joint Motion for approval by the Court for hearing. 12. This settlement agreement shall not prejudice in any way any claims which BB&T and Lhota may wish to bring against their title insurers or each other and 16103452 any and all such claims are hereby reserved. Perez will not be named a party to any future actions between BB &T and/or Lhota and their respective title insurers. 13. This Agreement may be executed and delivered in counterparts any of which shall be an original and all of which shall constitute one agreement. A signature transmitted by fax or email shall be valid and binding as an original signature 14. provided to: 16103452 Any notices under this Agreement related to the easements shall be Clotilde Perez and Zenaida Perez 19811 N.W. 49th Avenue Miami Gardens, FL 33055 William and Karen Lhota 375 Goose Point Spring City, TN 37381 Branch Banking and Trust Co. C. Lane Martin BB &T Bank 360 Central Avenue Suite 1600 880- 70 -16 -00 MC St. Petersburg, FL 33701 Collier County 3299 Tamiami Trail East, Ste. 800 Naples, Florida 34112 Old Republic National Title Insurance Company 6545 Corporate Centre Blvd. Orlando, FL 32822 Stewart Title Guaranty Company 3402 West Cypress Street Tampa, FL 33607 16K2 16K2 Dated: February i 2012 IN WITNESS WHEREOF, the parties and their counsel have executed this Agreement as of the day and year written above. DAVID L. BOYETTE, ESQUIRE Attorney for William and Karen Lhota and Branch Banking & Tryst Co. ADAM J. LAMB, ESQUIRE Attorney for Clotilde & Zenaida Perez William Lhota Branch By: Its: Clotilde Perez via tcepumic ivanonai t iue insurance Company By: Its: 16103452 Karen Lhota Zenaida Perez Stewart Title Guaranty Company By: Its: Dated: February — 2012 IN WTTNESS WHEREOF, the parties and their counsel have executed this Agreement as of the day and year written above. DAVID L. BOYETTE, ESQUIRh Attorney for William and Karen Lhota and Branch. Banking & Trust Co. ADAM J. LAMB, ESQUIRE Attorney for Clotilde & Zenaida Perez William Lhota Branch Banking & Trust Co. By: Its: /VA""W- ;;-, Old Republic National Tide Insurance Company By: Its: 16103452 Karen Lhota i +� • 0 Stewart Title Guaranty Company By: Its: 16K 2 Dated: February 2012 IN WITNESS WHEREOF, the parties and their counsel have executed this Agreement as of the day and year written above. DAVID L. BOYETTE, ESQUIRE Attorney for William and Karen Lhota and Branch Banking & Trust Co. ADAM J. LAMB, ESQUIRE Attorney for Clotilde & Zenaida Perez William Lhota Branch Banking & Trust Co. By: Its: Clotilde Perez Karen Lhota Zenaida Perez 01&eepubfic NAtional !if a Insurance Stewart Title Guaranty Company Company By: DoYUnQ. rii Its:- (; W () d P-yd- 16103452 By: Its: 16K2 Dated: February IN WM0,SS WHEREOF, the parties and their counsel have executed this Agreement as of the day and year written above. t DAVID L. BOYETTE, ESQUIRE Attorney for William and Karen Lhota and Branch Banking & Trust Co. ADAM J. LAMB, ESQUIRE Attorney for Clotik% & Zenaida Perez William Lhota Branch Banking & Trust Co. $y: Its: Clotilde Perez Old Republic National Title Insurance Company By: Its: 16103452 Karen Lhota Zenaida Perez rr f 3 i i 02/2812012 01:51 2393531825 BILL LHOTA JR PAGE 07/10 Collier county 3299 Tamiami Trail East, Ste. goo Naples, Florida 34112 Old Republic National Title Insunmee Comb janry 6545 Corporate Centre Blvd. 0431 tdo, FL 32822 Stewart Title Guaranty Company 3402 West Gds Street Tampa, FL 33607 Dated: February ,___, 2012 IN WITNESS WWREOP, the parties and their counsel ha re executed this Agreement as of the day and year written above. DAVID L. BOXETTE, ESQUIRE Attomey for William and Ram Lhota and Branch Banking & Twat Co. ADAM J LAMB, ESQUIRE Attorney for CloVde & ZetWda Perez 16K2 4 � �CrROL, CLERK • - - �.s --6RkljT RK A * cr� r And legal Sufficiency: 1 �% .J� . Steven T. Williams Assistant County Attorney 16103452 16K2 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: W. FRED W. COYLE, CHAI AN — Dated: _March 1 ,1 ?X1? 16K2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to counsel and parties of record listed on the attached Service List this day of , 2012. Adams and Reese LLP 1515 Ringling Blvd., Suite 700 Post Office Box 49017 Sarasota, Florida 34230 -6017 (941) 316 -7600 EM 16103452 David L. Boyette Florida Bar #0813140 16K2 SERVICE LIST Steven J. Chase, Esquire onald L. Collier, Esquire Steven T. Williams, Esquire Shumaker, Loop & Kendrick, LLP oilier County Attorney's Office 40 South Pineapple Avenue, Floor 9 3299 Tamiami Trail East, Suite 800 Sarasota, Florida 34236 aples, Florida 34112 Co- Counsel for Branch Banking & Counsel for Collier County Trust Co an obert G. Menzies, Esquire dward Artau, Esquire hristopher D. Donovan, Esquire South Florida Water Management District Roetzel & Andress ffice of Counsel 850 Park Shore Drive 3301 Gun Club oad, MSC 1410 rianon Centre, Third Floor West Pal Beach, Florida 33406 aples, Florida 34103 Counsel for SFWMD Counsel or School District of Collier Coun obert J. Elder III, Esquire arlo F. Zampogna, Esquire Crary, Buchanan, Bowdish, Bovie, Woodward, Pires & Lombardo, P.A. Beres, Elder & Williamson, Chartered 3200 Tamiami Trail North, Suite 200 759 Southwest Federal Highway, Suite 106 aples, Florida 34103 Post Office Drawer 24 Counsel for James A. Brown Jr., Stuart, Florida 34995 -0024 uccessor Trustee Counsel or 623 Partners Mark H. Shore, Esquire acob E. Colgrove, Esquire Law Offices of Glantz & Glantz, P.A. acob E. Colgrove, P.A. 7951 Southwest Sixth Street, Suite 200 700 Eleventh Street South, Suite 101 Plantation, Florida 33324 aples, Florida 34102 Counsel or Joel Fleischer & Etta Fleischer Counsel or Mary Freeman loyd S. Yarnell, Esquire aymond L. Bass Jr., Esquire arrish, Lawhon & Yarnell, P.A. ass Law Office 431 Pine Ridge Road, Suite 101 335 Tamiami Trail North, Suite 409 aples, Florida 34109 -3834 aples, Florida 34103 Counsel Lor Andrew J. Freitas Counsel for William & Karen Lhota Martin F. Klingenberg, Esquire dam J. Lamb, Esquire 1455 Blue Point Ave all, Lamb & Hall, P.A. Naples, Florida 34102 -0560 665 South Bayshore Drive, PH One Counsel for MPBP I Enterprises, LLC iami, Florida 33133 Counsel for Defendants Clotilde Perez & Zenaida Perez 16103452 Mark A. Slack, Esquire Harold N. Hume Jr., Esquire agen E. Kellam, Esquire Suzanne Boy, Esquire aulich, Slack & Wolff, P.A. Henderson, Franklin, et al. 5147 Castello Drive ost Office Box 280 Naples, Florida 34103 Fort Myers, Florida 33902 Counsel for Joseph Felix Trutwin Co-Counsel for Plaintiffs, Rose Ann Trutwin William Lhota & Karen Lhota Santosh Jacob, Shobba Jacob Daniel McMahon ccamma Jacob, and Chacko Jacob 2311 Woodland Estates Road 801 Southwest 58th Court Naples, Florida 34117 -6807 Cooper City, Florida 33328 -5734 Khali Persad and Sintra Persad Michael Paul Christensen 912 William Wallace Way 2170 Woodland Grace Road Austin, Texas 78754 Naples, Florida 341 17 -8818 16103452 16K2 16K SMITH FLORIDA IMTER.MAMOEMENT DISTRICT RESOLUTION -NO'. .2012- A RESOLUTION: OF T HE GO-VEANINQ .RIOARD OF THE SOUTH KqRIDA. -WATER MANAGEMENT. DISTRICT TO Au k ORIjE 1ENTMING INTO A THIR D o AMEN MENT T A CwvEkA'T'"JV-E AGREEMENT fJ.-.0RIDA.WA3tR- THE S'0PtK---- MAM, -ISTV i T` .COLLIER .t� OUN- Y '14t P . 0 AND: FOR T PURPOSE Of-.:EXT64pjN TH TERMINATION :0Ajr4 PTHE AGREEMENT FRO M SEPTr; -12 TO OPIUM` - ► T Aplik 10N" A NO NO THE AS SET FORTH JN. AMENDMENT; ENOMENT; PROVIOINGAWEFFECTIVE DATE.. WFIEREAS; the overn�rig Board of the ftlthf brida: WaterManageme nt Dis tdct.d em ft.n pqssa 'appropriate. and . .. I 11c interest st to authorize th . rl k 'W q0t6rlqg '�Jnto a.-Th! rd Amendment * to a 0 ; o0perat'vA#rbeme Pt {G q "1759] *Pr:an0gemont Distrio A'ard Collf er:C ouMty e for .the .0 toodingthne'Awn. date of 30 ,purpQ410:6 to,. or 04 2*.. :P'0P.t0Mbe.r:3'0-, -2024, and 'modify. 2.. Ing' the -09M Ment as n Ori :,pro, q1h -a ::!PT.00tj;V0:dj0,t0, Ing. an Aftrid ;A'eff 4,JnAho. ame ff (c J. r "do T ..an PAAS.8-PlAnd-.AD.b0tt6- this . -t day of 2 Olt, . AZI ATTEST' 1" B-y:- _J_ Dlsit0ct Clerk/Secretary Ao.prowd as to form; Fpji-1131T 24-JAN-2012 03;42;10 12004 Page I THIRD AMENDMENT TO 16K2 COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA THIS THIRD AMENDMENT TO COOPERATIVE AGREEMENT (C- 11759) BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA ("Third Amendment'), is entered into as of the day of — , 2012 by and between SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a government entity created by Chapter 373, Florida Statutes (hereinafter referred to as "DISTRICT), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"). WITNESSETH: WHEREAS, DISTRICT and COUNTY entered into a certain Cooperative Agreement dated October 13, 2000, designated by the District as Contract C -11759 (the "Original Agreement "); WHEREAS, pursuant to that certain First Amendment to Cooperative Agreement (C- 11759) Between the South Florida Water Management District and Collier County Florida dated February 10, 2011 ( "First Amendment "), DISTRICT and COUNTY agreed to prevent the Original Agreement from lapsing and terminating, in accordance.-with paragraph 1 of the Agreement, by agreeing to an extension of the termination date..set forth in the Original Agreement from February 28, 2011 to May 31, 2011; WHEREAS, pursuant to that certain Second Amendment to Cooperative Agreement (C- 11759) Between the South Florida Water Management District and Collier County Florida dated May 10t" 2011 ( "Second Amendment"), DISTRICT and COUNTY further extended the termination date of the Agreement from May 31, 2011 to September 30, 2012 (the Original Agreement as modified, amended and extended by the First Amendment and the Second Amendment is herein referred to as the "Agreement"); WHEREAS, DISTRICT and COUNTY desire to further extend the termination date of the Agreement from September 30, 2012 to September 30, 2024, and to modify the provisions relating to termination; WHEREA, DISTRICT and COUNTY desire to modify and amend the Agreement to provide specific special terms, conditions and provisions with respect to the C -1 Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way and portions of the Miller Canal Right of Way; and WHEREAS, the defined terms in this Third Amendment shall have the same definitions as defined in the Agreement; 161( Z NOW THEREFORE for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, DISTRICT and COUNTY hereby agree to modify, amend and extend the Agreement as follows: I. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Paragraph 1. -of the Agreement is hereby modified, amended and replaced with the following: 1. Unless extended or earlier terminated, this AGREEMENT shall continue until .September 30, 2024; and may be renewed upon mutual agreement of the parties. Each party shall provide notice of its intent to renew or not renew this AGREEMENT to the other party on or before September 1, 2023. In the event that the parties do not mutually agree to an extended renewal period, this AGREEMENT shall automatically lapse, terminate, and expire on September 30, 2024. Subject to the terms, conditions and provisions of this AGREEMENT the DISTRICT shall be the public agency. in Collier County, Florida generally responsible for the control, operation and maintenance of the : watercourses listed in Exhibit "A ", "arid depicted on" Exhibit "B ";-.both of which are attached hereto and =made a part of this AGREEMENT, . (except as set forth in paragraph. 3 of this- Third Amendment).:. In the event either party decides not to renew this AGREEMENT; 'DISTRICT agrees to assist COUNTY to transition into the operation and maintenance of the watercourses which are the subject of the AGREEMENT. 3. Notwithstanding anything contained in the Agreement, or this Third Amendment to the contrary, DISTRICT and COUNTY hereby agree to the following specific special terms, conditions, and provisions applicable to the C -1 Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way and portions of the Miller Canal Right of Way: a. C -1 Connector Canal Right of Way.. A strip of land in Sections 11 and 12, Township 49 South, Range 27 East, Collier County, Florida, generally depicted on Schedule "1" attached hereto and made a part hereof, and more particularly described as follows: All that drainage easement, 60 feet in width, commonly referred to as "C -1 Connector Canal Right of Way", lying along the South lines of Golden Gate Estates Unit No. 48, Plat Book 5, Page 78 and Golden Gate Estates, Unit No. 51, Plat Book 5, Page 84. All plats recorded in Collier County, Florida, Public Records. (Hereinafter referred to as the "C -1 Connector Canal Right of Way "). M11111 (1) DISTRICT hereby transfers all of its right, title, interest and control in the C -1 Connector Canal Right of Way to COUNTY. (2) The DISTRICT will "Un- adopt" the C -1 Connector Canal Right of Way as a "Work of the District ", upon which the C -1 Connector Canal Right of Way shall no longer be subject to the provisions of Chapter 40E-6 of the Florida Administrative Code, and the DISTRICT shall no longer have jurisdictional authority over permitting and authorizing -uses of the C -1 Connector Canal Right of Way. (3) Upon passing a resolution- 'Un- adopting" the C-1 Connector Canal Right of Way as' a "Work of the' District", DISTRICT Right of Way Permit No. 10267 in favor of the School District of'Collier County concerning a culvert bridge crossing across-the CA Connector Canal Right of Way shall be void and have no further force or effect. In addition, the culvert bridge crossings across the -1 tConnectoranal Right of Way located at the southern terminus of 10th, 18 , 201h, and 22nd Streets Southeast shall be considered pre - existing non- conforming structures and shall be allowed to.remain in their current location and condition until such time that; (a) the affected property owners desire to upgrade the crossing(s), or '(b) the* condition of '. the crossing(s) deteriorates to an. unacceptable level as determined by the COUNTY °and requires replacement.... . Upon the occurrence of either coriditibrr(a). or' condition (b) referenced in the.. preceding sentence; the. modification;' 'replaienaent and /or reconstruction shall conform to the COUNTY's Right of Way permitting criteria applicable at the time of such modification, replacement �and/or.reconstruction, and shall accommodate a flowage capacity of at least 250 cfs. (4) COUNTY shall have full authority, control and jurisdiction with respect to authorizing uses with respect to the C -1 Connector Canal Right of Way, including but not limited to authorizing vehicular crossings and authorizing vehicular use of the overbank areas. COUNTY agrees that it will not authorize any new uses with respect to the C -1 Connector Canal Right of Way which do not accommodate a flowage capacity of at least 250 cfs. COUNTY agrees to notify the DISTRICT of all uses authorized by the COUNTY with respect to the C- 1 Connector Canal Right of Way. (5) With respect to the C -1 Connector Canal, the DISTRICT agrees to continue to provide: (i) aquatic plant control, (i) maintenance shoal removal, and (iii) canal side bank maintenance (if operation of the system is impaired), to the extent the performance of such maintenance is reasonably practical and does not conflict with uses authorized by the COUNTY. The COUNTY shall be responsible for removing flow obstructions not authorized by the COUNTY. The DISTRICT flow obstructions with eespect o the t notify eC 1 ConnectoreCanal Right of any uses or g Way which impede the DISTRICTS ability ty to perform the maintenance referenced in the first 6 K sentence of subparagraph (5) above or which is inconsistent with the flowage capacity criteria specified in subparagraphs (3) and (4) above. (7) In order to perform the maintenance activities referenced in subparagraph (5) above, the DISTRICT shall have the right of access, ingress and egress with respect to the C -1 Connector Canal Right of Way. . b. Portion of Golden Gate Main Canal Right of Way A strip- of land in Sections 10 and 11, Township 49 South, Range 27 East, Collier County, Florida; generally depicted on Schedule "1" attached hereto and made a part hereof, and more: particularly described as follows: `,All that Part of -a drainage easement 140 feet in width commonly referred to as "Golden Gate Main Canal Right of Wav' Iving North of the South line of Golden Gate Estates .Unit 13, Plat Book 7 Page 72, Collier County, Florida Public Records and South of the South top of bank of said Golden Gate Main Canal. (Hereinafter referred to as the "Golden Gate Main South Overbank"). (1), -DISTRICT hereby transfers .all of its right, title,.. interest .and: control.,in the. Golden Gate Main South .Overbank to COUNTY. ' (2) The .DISTRICT will "Un- adopt" the Golden Gate Main South Overbank as'-a "Work of the District" upon which the :Golden Gate Main South Overbank shall no longer be subject to the provisions 'of .Chapter 40E-6 of the , Florida Administrative Code, and the DISTRICT shall no longer have jurisdictional authority over permitting and authorizing uses of the Golden Gate Main South Overbank. (3) COUNTY shall have full authority, control and jurisdiction with respect to authorizing uses with respect to the Golden Gate Main South Overbank, including but not limited to authorizing vehicular use of the Golden Gate Main South Overbank. (4) DISTRICT shall have no maintenance obligations with respect to the Golden Gate Main South Overbank. (5) DISTRICT shall have the right of access, ingress and egress with respect to the Golden Gate Main South Overbank. c. Portion of Miller Canal Rlght of Way. A strip of land in Section 12, Township 49 South, Range 27 East and Sections 7, 18, 19 and 30 Township 49 South, Range 28 East, Collier County, Florida, generally depicted on Schedule 16K2 "1" attached hereto and made a part hereof, and more particularly described as follows: All that part of a drainage easement 95 feet in width, commonly referred to as "Miller Canal Right of Way", lying North of the South lines of Golden Gate Estates, Unit 51, Plat Book 5, Page 84 and Golden Gate Estates, Unit 82, Plat Book.5, Page 21 and South of the South top of bank of said Miller Canal. ... Together-With; All that part of said .drainage easement lying East of the West lines of said Golden Gate Estates, Unit No.82, Golden Gates Estates, Unit No.. 87, Plat Book 5, Page 26, and Golden Gate Estates, Unit No. 88, Plat Book 5, Page�27and .West of the' West top of bank of said Miller Canal and North of the South line of 28"' Avenue SE. All plats. recorded in Collier County, Florida, Public Records. (Hereinafter referred to as the "Miller Canal South/West Overbank'). (1) DISTRICT hereby transfers all of its right, title, interest and control. in the._Miller Canal South/West Overbank to COUNTY. (2) The DISTRICT will "Un- adopt" the Miller Canal South/West Overbank as .a 'Work- of the District %..upon which. the Miller Canal South/West ::- Overbank .shall no- longer be subject to the provisions of Chapter 40E -6 of.-the Florida Administrative . Code, and the, DISTRICT shall no longer:.-have jurisdictional authority over permitting and authorizing uses of the Miller Canal South/West Overbank. (3) COUNTY shall have full authority, control and jurisdiction with respect to authorizing uses with respect to the Miller Canal South/West Overbank, including but not limited to authorizing vehicular use of the Miller Canal South/West Overbank. (4) DISTRICT shall have no maintenance obligations with respect to the Miller Canal South/West Overbank. (5) DISTRICT shall have the right of access, ingress and egress with respect to the Miller Canal South/West Overbank. 4. The following provision is hereby added as paragraph 29. to the Agreement: 29. Notwithstanding anything to the contrary, either party to this Agreement shall have the right to terminate this Agreement for any reason 16K2.- end upon such terminatil t.1 -Sh-tl -t e.,, Int6r n ju est. °co'tfroi, : Operation and main watercourse -rights o' maintenance of the rud .. anal 'way, Idgeither with all st YFe*§,.Zs- set 'forth in a.- 'hibjj 01. Is. gr RIAN't - th" A" e& I m nth d. modified by on an as, an y'suppem ent hereto _0 r ke an d ' S qru dt U .4e . relinquished ns rredj6j. -C, shah give .......... qPP-9 h e !--:T- 6 .0 t `6k this _y OA, e other pai X.-Wrift -h'of the "Wi- *ft :Structures it at b -and, -44fej.6: be, transfer-red t h 9. t q "POM de Allia-bud st dd fngj US . i, 0 :tiers shW.. be- A0. second' cl� Oct �b tio tee pi of the ,no Ce M In the in p -t ucl Of tp in.0firi" b parties. A relieved 10; S..Un of any: O-JMSAOreie me . . .... ...... nt, as -e .1 .0 five'' date I'di bu—P -no" Otlh . . . ... . �.Offe w Indu Mg J. WeAues anti -.0onseau hif, Atmiel'ime -he '. . A ... b �404 and ox, t $ :b this is Thlrd. AamM80 6 hereby confirmed and effe d Of 'h' d t S WHE lho�;O t S- On o W.r. :'herou T F; T tine ,,::W q and me: .seals-., year V rsta ne Ita, 18T _: Exeq4too,by 0. a.., T App 8 to form and jcpj sufficiency: latzkow Co. LANWIZ V G"I'* OWN.A. Ml F--% V on" � T 1� V .... .... lMlli!h�n%.MVh .• Now. .-T : OP L NOT, IL AL I .24P.-S.- 6 .3 OF I p f-" t �a 1V NOT TO SCALE. 16K2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR COLLIER COUNTY CIVIL DIVISION WILLIAM G. LHOTA and KAREN L. LHOTA, husband and wife Plaintiffs, V. THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA; CLOTILDE PEREZ and ZENAIDA PEREZ, husband and wife; TIMOTHY T. LAINHART a/k/a TODD LAINHART and ANTHONY I. LAINHART a/k/a TONY LAINHART; and BRANCH BANKING AND TRUST COMPANY, Defendants. / BRANCH BANKING AND TRUST COMPANY, Plaintiff, V. CLOTILDE PEREZ and ZENAIDA PEREZ, et al. Defendants. CASE NO. 08-8359-CA CONSOLIDATED WITH CASE NO. 10- 05560 -CA ORDER APPROVING SETTLEMENT AGREEMENT AND CONFIRMING LEGAL RIGHT OF ACCESS This action came before the Court on the Settlement Agreement and Joint Motion for Order Approving same of Plaintiffs, William and Karen Lhota ("Lhota"), Plaintiff, Branch Banking and Trust Company ("BB &T"), Defendant, Collier County, Florida { "Collier ") and Defendants, Clotilda Perez and Zenaida Perez ( "Perez "), the Court having reviewed the Settlement Agreement and being otherwise duly advised, it is hereby FOUND, ORDERED and ADJUDGED: 14371252 :EXHIBIT B 16-K 1. Lhota owns the following parcel of property: The East '/Z of the Northeast'/4 of the Northwest '/a of the Northeast % of Section 13, Township 49 South, Range 27 East, Collier County, Florida. 2. BB &T owns the following parcel of property: The West % of the Northeast '/ of the Northwest %4 of the Northeast '/4 of Section 13, Township 49 South, Range 27 East, Collier County, Florida. 3. Perez owns the following parcel of property: The East %Z of the Northwest '/4 of the Northwest % of the Northeast '/4 of Section 13, township 49 South, Range 27 East, Collier County, Florida. 4. The northern boundary line of the Lhota, BB &T and Perez parcels is the northern section line of Section 13, Township 49 South, Range 27 East in Collier County, Florida. 5. The Golden Gate Estates Unit No. 51 Subdivision, recorded at Plat Book 5, Pages 84 and 85 of the Public Records of Collier County Florida, is located immediately north of the Lhota, BB &T and Perez parcels and the southern boundary line of the subdivision is the northern section line of Section 13, Township 49 South, Range 27 East. 6. In the Plat dedication for the Golden Gate Estates Unit No. 51 Subdivision, an easement was created for drainage purposes to the perpetual use of the public in the southern 60 feet of the subdivision which intersects with a 60 foot easement for ingress and egress dedicated to the perpetual use of the public along 22nd Street S.E. 14371252 16K2 from Golden Gate Blvd. to the northern section line of Section 13, Township 49 South, Range 27 East. 7. The C -1 Connector Canal is located within the drainage easement area in the southern 60 feet of the Golden Gate Estates Unit 51 subdivision, a dirt road named Frangipani Avenue which runs east and west is located immediately south of the C -1 Connector Canal and in the area immediately north of the Lhota, BB &T and Perez parcels, Frangipani Avenue is located within the southernmost 20 feet of the Golden Gate Estates Unit 51 subdivision. Gulf American Land Corporation, a dissolved Florida corporation, retained title to the drainage easement area and has been defaulted in this action. The rights, title and interest of Gulf American Land Corporation in and to the drainage easement area in the southern 60 feet of the Golden Gate Estates Unit 51 subdivision is subject and inferior to the drainage easement created in the plat and the rights of Perez, Lhota and BB &T to use Frangipani Avenue in the southern 20 feet of the Golden Gate Estates Unit 51 subdivision. 8. South Florida Water Management District ( "SFWMD") and Collier County have entered into a Third Amendment to Cooperative Agreement (C- 11759), a copy of which is attached hereto as Exhibit A, by which SFWMD has transferred all of its right, title, interest and control of the C -1 Connector Canal to Collier, and by which it is confirmed that the C -1 Connector Canal is not a "work of the district" or a "work of the basin" and SFWMD no longer has jurisdictional authority over permitting or authorizing uses of the C -1 Connector Canal. 9. 22nd Street S.E. extends from Golden Gate Blvd. to the northern section line of Section 13, Township 49 South, Range 27 East which is open for the use and 14371252 16K2 benefit of the public. At the intersection of 22 "d Street S.E. and the C -I Connector Canal there is a privately maintained culvert bridge which is part of the public road open for the use and benefit of the public. 10. Perez, Lhota and BB &T have a legal right of pedestrian and vehicular access and are entitled to ingress and egress to their parcels by driving north and south over, across and upon 22nd Street S.E., including across the bridge over the C -1 Connector Canal, and then by driving east and west over, across and upon Frangipani Avenue within the southern 20 feet of the Golden Gate Estates Unit 51 subdivision. In addition, Perez, Lhota and BB &T have a right to utilities along Frangipani Avenue. 11. If for any reason in the future the southern 20 feet of the Golden Gate Estates Unit 51 subdivision is needed by Collier County for drainage purposes and Collier County provides written notice to the parties that it will no longer permit the use of Frangipani Avenue for access to 22 "d Street, or if for any other reason it should become impossible to use Frangipani Avenue in its current location, then (i) the Lhota parcel shall have a non - exclusive, perpetual easement for utilities and pedestrian and vehicular access over and across the northern 15 feet of the BB &T parcel and the northern 15 feet of the Perez parcel, subject to the easement rights of FPL in the northern 10 feet, commencing on the western boundary of the Lhota parcel and continuing to the western boundary of 22 "d Street S.E. extended and (ii) the BB &T parcel shall have a non- exclusive, perpetual easement for utilities and pedestrian and vehicular access over and across the northern 15 feet of the Perez parcel, subject to the easement rights of FPL in the northern 10 feet, commencing on the western boundary of the BB &T parcel and continuing to the western boundary of 22nd Street S.E extended. In the event FPL objects 14371252 UZI to Lhota and/or BB &T's use of the access easement in the northern 15 feet of the Perez and BB &T parcels, then the easement shall extend an additional 10 feet south, so that the easement is comprised of the northern 25 feet of the Perez and BB &T parcels. The easement and rights of way established and confirmed by this Order shall be appurtenant to the parcels owned by Perez, Lhota and BB &T, the benefits and burdens shall run with the land and apply to Perez, Lhota and BB &T and their heirs, successors in title and assigns. The owners of the subject easements (i.e. the dominant tenements) shall be responsible for any maintenance and/or improvements reasonably required for their use of the easements in a safe manner on the BB &T and Perez parcels. 12. The Settlement Agreement by and between Lhota, BB &T, Perez, and Collier has been approved by the Board of County Commissioners of Collier County and is hereby approved and made an Order of this Court. 13. All claims in BB &T's Amended Complaint and all claims in Lhota's Second Amended Complaint are dismissed with prejudice as to Perez and Collier and Lhota, BB &T, Collier and Perez shall each bear their own attorney's fees and costs as between each other. This Order shall be recorded in the Public Records of Collier County, Florida. DONE and ORDERED in Collier County, Florida on this — day of , 2012. Honorable Elizabeth Krier Circuit Court Judge cc: to all parties on the attached service list 14371252 16K2 SERVICE LIST Steven J. Chase, Esquire Steven Williams, Esquire Ronald L. Collier, Esquire Collier County Attorney's Office Shumaker, Loop & Kendrick, LLP 3299 Tamiami Trail East -Suite 800 240 South Pineapple Avenue, Floor 9 Naples, Florida 34112 Sarasota, Florida 34236 Counselfor Collier County Co- Counsel for Branch Banking & Trust Company Robert G. Menzies, Esquire Edward Artau, Esquire Christopher D. Donovan, Esquire South Florida Water Management District Roetzel & Andress Office of Counsel 850 Park Shore Drive 3301 Gun Club Road, MSC 1410 Trianon Centre, Third Floor West Palm Beach, Florida 33406 Naples, Florida 34103 Counsel for SFWMD Counsel for School District of Collier County Robert J. Elder II1, Esquire Carlo F. Zampogna, Esquire Crary, Buchanan, Bowdish, Bovie, Woodward, Pires & Lombardo, P.A. Beres, Elder & Williamson, Chartered 3200 Tamiami Trail North, Suite 200 759 Southwest Federal Highway, Suite 106 Naples, Florida 34103 Post Office Drawer 24 Counsel for James A. Brown Jr., Stuart, Florida 34995 -0024 Successor Trustee Counsel or 623 Partners Mark H. Shore, Esquire Jacob E. Colgrove, Esquire Law Offices of Glantz & Glantz, P.A. Jacob E. Colgrove, P.A. 7951 Southwest Sixth Street, Suite 200 700 Eleventh Street South, Suite 101 Plantation, Florida 33324 Naples, Florida 34102 Counsel or Joel Fleischer & Etta Fleischer Counsel or Mary Freeman Floyd S. Yarnell, Esquire Raymond L. Bass Jr., Esquire Parrish, Lawhon & Yarnell, P.A. Bass Law Office 3431 Pine Ridge Road, Suite 101 2335 Tamiami Trail North, Suite 409 Naples, Florida 34109 -3834 Naples, Florida 34103 Counsel or Andrew J. Freitas Counsel or William & Karen Lhota Martin F. Klingenberg, Esquire Adam J. Lamb, Esquire 1455 Blue Point Ave Hall, Lamb & Hall, P.A. Naples, Florida 34102 -0560 2665 South Bayshore Drive, PH One Counsel for MPBP I Enterprises, LLC Miami, Florida 33133 Counsel for Defendants Clotilde Perez & Zenaida Perez 14371252 16K2 Mark A. Slack, Esquire Harold N. Hume Jr., Esquire Magen E. Kellam, Esquire Suzanne Boy, Esquire Paulich, Slack & Wolff, P.A. Henderson, Franklin, et al. 5147 Castello Drive Post Office Box 280 Naples, Florida 34103 Fort Myers, Florida 33902 Counsel for Joseph Felix Trutwin Co- Counsel for Plaintiffs, & Rose Ann 7lrutwin William Lhota & Karen Lhota Santosh Jacob, Shobba Jacob David Boyette, Esquire Accamma Jacob, and Chacko Jacob Adams and Reese, LLP 9801 Southwest 5e Court 1515 Ringling Blvd., Suite 700 Cooper City, Florida 33328 -5734 Sarasota, Florida 34236 Attornff for Plaintiffs Daniel McMahon Khali Persad and Sintra Persad 2311 Woodland Estates Road 6912 William Wallace Way Naples, Florida 34117 -6807 Austin, Texas 78754 Michael Paul Christensen 2170 Woodland Grace Road Naples, Florida 34117 -8818 14371252