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Backup Documents 04/09/2019 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTINNG�SLIP i� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 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. 3. Jeff Klatzkow, County Attorney County Attorney Office 4. BCC Office Board of County Commissioners v4 f 4 Akck 5. Minutes and Records Clerk of Court's OfficeP rn 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 or missing information. Name of Primary Staff Trinity Scott Phone Number 252-5832 Contact/ Department Agenda Date Item was 04/09/19 Agenda Item Number 16a4 e,�.•�— Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is 313-163673-633011-601711 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? 41610 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 TS signed by the Chairman,with the exception of most letters,must be reviewed and signed 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 TS 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 TS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TS 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 04/09/19(enter date)and all changes TS N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the SA is not" BCC,all changes directed by the BCC have been made,and the document is ready for t i e , K4 dt1 tion for Chairman's signature. V�� e; I: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 6 A 4 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, April 23, 2019 4:32 PM To: ScottTrinity Subject: Item#16A4 (4-9-21019 BCC Meeting) Attachments: Backup Documents 04_09_2019 Item#16A 4.pdf Hi Trinity, A copy of (recorded) Item #16A4 from the April 9, .2019 BCC Meeting is attached for your records. Thank you! rAnn Jennejohn Senior Deputy Clerk '' Office:239-252-8406 ' Fax:239-252-8408(if applicable) Ann.Jenneiohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail,Suite#401 Naples, FL 34112-5324 www.CollierClerk.com 1 16A INSTR 5698222 OR 5618 PG 1439 RECORDED 4/15/2019 3:14 PM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA This instrument was prepared by REC$69.50 and shall be returned to: PROJECT: 60018 PARCEL NOS: 138/838/538 AMENDED AND RESTATED PROPERTY TRANSFER AND CONSTRUCTION AGREEMENT THIS AMENDED AND RESTATED PROPERTY TRANSFER AND CONSTRUCTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into, and effective as of, this C141' .day of QQc%\ , 2019, by and between NAPLES ASSOCIATES IV, LLLP, a Florida limited liability limited partnership(hereinafter referred to as"Owner"),and COLLIER COUNTY,a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"). Owner and County are sometimes referred to herein as a"Party"and collectively as the"Parties". WITNESSETH: WHEREAS, The Estates at TwinEagles, Ltd., a Florida limited partnership (hereinafter referred to as "TwinEagles Ltd")and the County entered into that certain Property Transfer and Construction Agreement dated as of March 25, 2003 (hereinafter referred to as the"Original Agreement");and WHEREAS, Owner is the successor-in-interest to TwinEagles Ltd with respect to that certain real property located in Collier County, Florida that is the subject of the Original Agreement referred to therein as the "Parent Tract",which real property is more particularly described in Exhibit"A"attached hereto and made a part hereof; and WHEREAS, due to the passage of time and the completion and satisfaction of certain obligations of the Parties under the Original Agreement, the Parties now seek to amend and restate the Original Agreement, such that this Agreement will supersede the Original Agreement with respect to those obligations of the Parties that remain outstanding and unsatisfied as of the date of this Agreement; and WHEREAS, pursuant to the terms and conditions of the Original Agreement,TwinEagles Ltd granted to the County that certain Temporary Drainage Easement recorded in Official Records Book 3274,at Page 2645, of the Public Records of Collier County, Florida (hereinafter referred to as the "Temporary Drainage Easement") over, under, upon and across that certain portion of the Parent Tract more particularly described in Exhibit "B" attached hereto and made a part hereof(such property hereinafter referred to as"Parcel 838"); and WHEREAS,the County constructed a storm water retention and treatment pond(designed for the ultimate six-laning of Immokalee Road)generally within Parcel 838,which was designed to receive water from Immokalee Road and treat a drainage area of approximately 15.42 acres (hereinafter referred to as the "Temporary Pond"); and 16A4 WHEREAS,Owner intends to develop the Parent Tract and,in connection with such development,desires to construct a permanent lake within Parcel 838 that is compatible with the Owner's site development plan for the Parent Tract and will permanently accommodate stormwater run-off from Immokalee Road(hereinafter referred to as the"Stormwater Lake"); and WHEREAS, if and when the Stormwater Lake is constructed and operational,the County requires Owner to provide the County with a permanent drainage,access and maintenance easement(hereinafter referred to as the "County Easement") across: (i)those portions of the Parent Tract necessary to connect the stormwater discharge structure located at approximately Station No. 375 + 00 of the plans for the six-laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018 (hereinafter referred to as the "Discharge Structure")to the Stormwater Lake and(ii)the Stormwater Lake(such portions of the Parent Tract are hereinafter collectively referred to as the"Easement Property"); and WHEREAS, Owner desires to provide the County Easement to the County for the stated purposes and without compensation,on the terms and conditions set forth herein; and WHEREAS, County has agreed to the stated terms and conditions. NOW THEREFORE,in consideration of these premises,the sum of Ten Dollars($10.00),and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the Parties as follows: 1. The above recitals are true and correct and are incorporated herein. 2. The Parties acknowledge and agree that any and all obligations of Owner with respect to"Parcel 138"and "Parcel 538" (as such terms are defined in the Original Agreement) under the Original Agreement have been completed and satisfied prior to the date of this Agreement and that Owner shall have no further obligation, responsibility and/or liability with respect thereto. The Parties further acknowledge and agree that any and all obligations under the Original Agreement with respect to the County's construction of the wildlife crossing under Immokalee Road and across the Cocohatchee Canal running parallel thereto have been completed and satisfied prior to the date of this Agreement and that the County shall have no further obligation, responsibility and/or liability with respect thereto. 3. Owner shall grant the County Easement to the County for no monetary compensation and at no cost to the County pursuant to the terms of this Agreement. Owner represents that there are no damages resulting to Owner or the Parent Tract as a result of this grant of easement. 4. The Parties acknowledge and agree that the County has maintained, and shall continue to maintain, the Temporary Pond until such time as Owner commences physical construction of the Stormwater Lake, and upon the commencement of such construction, Owner shall be responsible, at its sole cost and expense, for the maintenance and repair of the Temporary Pond. 5. Upon obtaining a final surface water management permit from the SFWMD for Owner's development site plan of the Parent Tract, inclusive of Parcel 838 (hereinafter referred to as the "Permit"), Owner shall have the right, at its sole cost and expense, to construct the Stormwater Lake, which construction will include reconfiguring the Temporary Pond into the configuration of the permanent Stormwater Lake. Owner shall have the sole discretion over the location and configuration of the Stormwater Lake,provided that the Stormwater Lake shall be constructed by Owner to: (i)accept the 15.42 acre stormwater discharge from Immokalee Road currently being accepted by the Temporary Pond, (ii)meet all current requirements for water quality treatment required by the State of Florida's Environmental Resource Permit process,and(iii)ensure that the required stormwater quality treatment volume and retention time for such stormwater discharge is maintained at all times, including turbidity requirements. The Stormwater Lake shall also be designed by Owner to not receive any outside stormwater flow 1 6 A 4 other than the stormwater discharge from Immokalee Road currently being accepted by the Temporary Pond. The maintenance and repair of the Stormwater Lake shall be the responsibility of Owner at its sole cost and expense. 6. If constructed by Owner, upon the completion of the Stormwater Lake, Owner shall grant, in form reasonably acceptable to the County, the County Easement, and deliver same to the County for recording in the public records of Collier County, Florida. The County Easement shall provide that the County shall be responsible, at its sole cost and expense, for the maintenance, repair and replacement of the Discharge Structure and any and all associated drainage pipes and facilities necessary to connect the Discharge Structure to the Stormwater Lake,and that Owner shall be responsible,at its sole costs and expense,for all other maintenance and repair of the Easement Property, including,without limitation,the Stormwater Lake. Owner shall pay for all fees and costs associated with recording the County Easement. Upon the recording of the County Easement, the Temporary Drainage Easement shall automatically terminate and be of no further force and effect. Notwithstanding the automatic termination of the Temporary Drainage Easement as aforesaid, at the request of Owner, the County shall execute and deliver to Owner a written release and termination of the Temporary Drainage Easement, in form reasonably acceptable to Owner, to confirm such termination, which shall be in recordable form for filing by Owner in the public records of Collier County, Florida. 7. The County hereby acknowledges and agrees that the Owner shall have sole discretion over the location and configuration of its lake and water management system for the Parent Tract as long as such system does not affect the intended function of the Temporary Pond and/or Stormwater Lake, does not discharge any stormwater discharge into the Temporary Pond and/or Stormwater Lake,does not discharge stormwater from the Parent Tract via any routing that ultimately discharges to the Immokalee Road Canal,complies with all applicable County and SFWMD design criteria for such lake and water management systems, and complies with the requirements of the Permit. 8. If constructed by Owner,upon the completion of construction of the Stormwater Lake,Owner shall,at its sole cost and expense,relocate drainage structure "OCS-4" as shown on County's construction plans for the four- laning of Immokalee Road from CR-951 to 43rd Avenue Northeast,Collier County Project No. 60018,offset from Station 370+00, and shall reinstall said drainage structure as shown on Owner's construction plans for the plat of the Parent Tract titled"Brentwood Lakes Plat One"(hereinafter referred to as"Plat One"). 9. Prior to granting the County Easement,Owner shall furnish an attorney's opinion of title from an attorney licensed in the State of Florida or a title report from a nationally recognized title company doing business in the State of Florida(the "Title Report"), which Title Report shall identify the record title holder of the real property to be subject to the County Easement and all those holding an interest in such real property. The Title Report shall include as attachments,legible copies of the record title holder's deed to such real property,as well as legible copies of all encumbrances,including mortgages and financing statements,notices of commencement,mechanic's and materialmen's liens,judgments,lis pendens,contracts for deed,recorded leases,easements,code enforcement liens, state and federal tax liens, ad valorem tax deficiencies and all declarations, covenants and restrictions of record affecting the real property to be subject to the County Easement. Additionally,to the extent that the County objects to any liens, exceptions or qualifications encumbering the real property to be subject to the County Easement("Objected Exceptions"),Owner shall obtain from the holders of the Objected Exceptions,the execution of such instruments which will remove, release or subordinate such encumbrances from the County Easement, upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of such recording and shall pay all fees and documentary stamps due at the time of such recording. 10. The granting of the County Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein;and the written Agreement,including all exhibits attached hereto, shall constitute the entire agreement and understanding of the Parties with respect to the subject matter hereof,and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or 1 6 A 4 covenants not contained herein with respect to the subject matter hereof. This Agreement shall amend, replace and supersede the Original Agreement with respect to the subject matter hereof. 11. This Agreement shall be recorded by the County in the Official Records of Collier County,Florida,within fourteen (14) days after the County enters into this Agreement. Owner shall pay all costs of recording this Agreement. A copy of the recorded Agreement will be provided by the County to Owner upon its recording. 12. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both Parties and shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees,whenever the context so requires or admits. 13. If the Owner holds the Easement Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286,Florida Statutes,under oath,of the name and address of every person having a beneficial interest in the Easement Property before the County Easement is granted to the County,its successors,and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517,Florida Statutes,whose stock is for sale to the general public,it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 16A4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. AS TO COUNTY: ATTEST BOARD • �:1 OMMISSIO ' 'S CRYSTAL K.KINZEL, Clerk COLLIERW)U ;1 TY,FLO' PA i 5 - P (0 - By: .V Il , a �`��� Chairman Attest as to +� irluan's / `'� I signature only. AS TO OWNER: NAPLES ASSOCIATES IV, LLLP,a Florida limited liability limited partnership By: Naples IV Corp. al n, a Florida corporation, its general pa,n- By: In 'me: Name: n /,� (JE..-6Z) V:u. ?r .%r d.�n1- Print Name:Ug/A7Z1 1/41-1 IIS App ,v�;'.'�< �'., '.rm and legality: 44191 Jeffre ow,County Attorney 16A4 EXHIBIT"A" Legal Description of the Parent Tract ALL THAT PART OF SECTIONS 29, 30,31,AND 32,TOWNSHIP 48 SOUTH,RANGE 27 EAST COLLIER COUNTY,FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST '/2 OF THE WEST '/2 OF THE AFOREMENTIONED SECTION 29 LESS THE WEST 30 FEET AND THE NORTH 155 FEET THEREOF; AND THE WEST 30 FEET OF THE SAID SECTION 29 LESS THE NORTH 178.03 FEET THEREOF; AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 29 LESS THE EASTERLY 30 FEET THEREOF; AND THE NORTHEAST '/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29 LESS THE EASTERLY 30 FEET THEREOF; AND AND THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; AND THE EAST ''/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE AFOREMENTIONED SECTION 30; AND THE SOUTHEAST 'A OF THE SOUTHEAST 1/4 OF SAID SECTION 30; AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OR SAID SECTION 30; AND THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE AFOREMENTIONED SECTION 31; AND THE WEST'/2 OF THE NORTHWEST 1/4 OF THE AFOREMENTIONED SECTION 32; AND 16A4 THE WEST 'A OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; AND THE WEST '/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32; CONTAINING 563.42 ACRES OF LAND MORE OR LESS. 16A4 EXHIBIT"B" Legal Description of the Parcel 838 THE SOUTHERLY 370.45 FEET, OF THE NORTHERLY 548.45 FEET, OF THE EASTERLY 560.58 FEET, OF THE WEST 1/2 OF THE WEST 1/2 OF SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 4.771 ACRES MORE OR LESS.