Backup Documents 12/13-14/2011 Item #16A1016A10
MEMORANDUM
Date: December 21, 2011
To: Margaret A. Bishop, Sr. Project Manager
Transportation Stormwater Mgmt.
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Amended Easement — FCT Project #03- 018 -FF3
Mitigation Park
Attached is one original Agreement as referenced above, (Agenda Item
#16A10) approved by the Board of County Commissioners on Tuesday,
December 13, 2011.
Please return a fully executed original to the Minutes and Records
Department so that it can be recorded. After recording, it will kept as a
part of the Board's Official Record.
Once this document is signed by SFWMD, we will need the appropriate
recording (cost center) string that is associated with this document, please write
it on the pink routing /memo sheet that will be fine. As soon as the recorded
document returned to us, I can send you a certified copy, if anyone else will
need either a certified or regular copy just let me know and I can either get
them for you or send them to them directly.
If you should have any questions, please call me at 252 -7240.
Thank you.
16A10
This instrument is prepared by
and return to:
South Florida Water Management District
3301 Gun Club Road, MSC 4210
West Palm Beach, Florida 33406
AMENDED EASEMENT
,aR
THIS AMENDED EASEMENT is made this / 3— day of -b�, , 2011 by and
between Collier County, a political subdivision of the State of Florida whose address is 3301
East Tamiami Trail, Naples, Florida 34112, ( "Grantor or County "), and South Florida Water
Management District, whose address is 3301 Gun Club Road, West Palm Beach, Florida 33406,
its successors and assigns, ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor has acquired the property with partial funding from the Florida
Communities Trust ( "FCT ") (FCT project number 03- 018 -FF3, Lely Mitigation Park), and the
Property is subject to covenants and restrictions set forth in Grant Award Agreement recorded in
Official Records Book 3623, Pages 1172 – 1184 of the Public Records of Collier County, Florida
and the Deed of Conservation Easement recorded in Official Records Book 4397, Pages 0998 -
10 10 (the "Agreement, ") and
WHEREAS, as part and condition of the FCT funding, the County provided and FCT
approved a Management Plan for the project site, and together with the Agreement, the terms of
which are hereby incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual promises contained herein, Grantor
and Grantee agree that the Deed of Conservation Easement shall be amended to include the
following additional covenants and restrictions:
1. FCT shall be notified of all leases, easements or other similar documents that
affect property funded by FCT.
2. The Agreement's restrictions on the FCT funded property are superior to any
other restrictions placed upon the property.
3. Grantor intends that the conservation and recreation values of the Property be
preserved and enhanced in accordance with the Management Plan, as it may be amended from
time to time only after review and approval by FCT.
4. All activities by the Grantor and Grantee shall be consistent with the Agreement
and Management Plan.
Page 1 of 2
IN WITNESS WHEREOF,
sealed this instrument on this IS
ATTEST.-,') uP1 4 go
D W IGj4Y-. E'.' 8RO*„GURK
`/�� �II• .iM 1
Approved as to form and
Legal sufficiency:
Jennife . White
Assistant County Attorney
16A10
Grantor's duly authorized representative has signed and
day of 2011 .
REVIEWED AND APPROVED FOR
FLORIDA COMMUNITIES TRUST BY:
Mike Long, Assistant Division Director
Division of State Lands
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, I wr "I,
FRED W. CO , CHAIRMAN
3301 Tamiami Trail East
Naples, Florida 34112