Backup Documents 10/27/2009 Item #16B 4
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP (1-4tYJ
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUI1EL. B 4
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board O~~e
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in roulin!! order)
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5. SHe Filssn, Executive Manager Board of County Commissioners FA-- lohe;ldJ
I~N M I Tc.f{E:L..L ./""
6. Minutes and Records Clerk of Courts Office-needs to be
recorded 325-172940-51101
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Shane Cox Phone Number 239-252-8192
Contact
Agenda Date Item was 10/27/09 Agenda Item Number 16B4
ADDroved bv the BCC
Type of Document Agreement Amendment Number of Original I
Attached Documents Attached
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A(Not
aDorooriate. (Initial) ADDlicable)
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
Chairman and Clerk to the Board and Dossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other narties excent the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final neQotiated contract date whichever is annlicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
sip-nature and initials are reouired,
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bce's actions are nullified. Be aware ofvour deadlines!
6. The document was approved by the BCC on and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the chan"es, if aODlicable.
INSTRUCTIONS & CHECKLIST
L Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip
WWS Original 9,03.04
lQB4
Prepared by/Return to.
Michael E. Botos, P,A.
Edwards Angell Palmer & Dodge LLP
One North Clematis Street, Suite 400
West Palm Beach, FL 33401
INSTR 4359721 OR 4506 PG 3172
RECORDED 11/5/20092:23 PM PAGES 5
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $44.00
.
THIRD AMENDMENT TO OCTOBER 14,2003 COMPANION AGREEMENT
REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS
THIS THIRD AMENDMENT is made and entered into this z.., day of ~tcloer _,2009
by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as
"Developer") and CDC Land Investments, Inc., a Florida corporation, formerly known as Collier
Development Corporation, a Florida corporation (hereinafter referred to as "CDC"), which, along with
their respective successors and assigns, may be jointly referred to as "CDC/Developer." and the Board of
County Commissioners of Collier County, Florida, as governing body of Collier County (hereinafter
referred to as "County").
RECITALS:
WHEREAS, the parties entered into that certain Standard Form Collier County Contribution
Agreement for Road Impact Fee Credits dated October 22, 2002 and recorded in Official Records Book
3138, Page 2357 of the Public Records of Collier County, Florida (hereinafter the "Contribution
Agreement"); and
WHEREAS, the parties entered into that certain Companion Agreement to the October 22, 2002
Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements
dated October 14,2003 and recorded in Official Records Book 3424, Page 337 of the Public Records of
Collier County, Florida (hereinafter the "Companion Agreement"), as amended by that certain
Amendment to the October 14, 2003 Companion Agreement Regarding the Lely Area Surface Water
Drainage Improvements dated March 27, 2007 and recorded in Official Records Book 4218, Page 1451 of
the Public Records of Collier County, Florida (hereinafter the "First Amendment to Companion
Agreement"). and by that certain First Amendment to October 22. 2002 Standard Form Collier County
Contribution Agreement for Road Impact Fee Credits and Second Amendment to October 14, 2003
Companion Agreement Regarding the Lely Area Surface Water ,Drainage Improvements dated April 22,
2008 and recorded in Official Record Book 4356, Page 174 of the Public Records of Collier County,
Florida (hereinafter the "Second Amendment to Companion Agreement"); and
WHEREAS, paragraph 13 of the Companion Agreement allow for amendment or modification
upon the mutual written consent of the parties or their successors in interest; and
WHEREAS, Developer and County have agreed to amend the Companion Agreement, as
amended, as provided herein.
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and
valuable consideration previously exchanged between the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
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1684
I. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Paragraph 8C of the Companion Agreement, as amended by the Second Amendment to
the Companion Agreement, is amended in its entirety as follows:
CDClDeveloper shall dedicate and convey to the County a drainage easement for
approximately 12.3 acres of land for the spreader lake and canal improvements. A
graphic rendering of this area is shown as "Lely Manor Canal (Per LASIP Design),"
attached as Exhibit 5 to the Second Amendment to Companion Agreement. The spreader
lake is approximately 9.68 acres, and the canal improvements are approximately 2.52
acres. With respect to the spreader lake, Coli ier County shall pay CDC/Developer the
appraised fair market value of a drainage easement over these 9.68 acres, and the
appraised valuation shall be determined as of October 23. 2002, when the County and
CDC/Developer entered into the Contribution Agreement. with the valuation based on
pre-PUD Agricultural zoning. With respect to the canal improvements, CDC/Developer
shall dedicate and convey to the County by easement a strip of land 35 feet wide of
CDC/Developer's land along the Lely Manor Canal. Of the 35 foot wide strip of land, 15
feet is required for the canal and 20 feet is needed for the County's maintenance of the
Lely Manor Canal. Collier County shall pay CDC/Developer the appraised fair market
value of the Manor Canal maintenance easements for that 2.52 acre strip, and the land
valuation shall be appraised as the value of Agricultural zoned land on the day before the
County's 1986 rezoning to "PUD" of the CDC DRIIPUD land.
3. Paragraph 8D of the Companion Agreement is amended as follows:
The County shall reimburse CDC/Developer for the easements over the land dedicated to
the County for the Lely Manor Canal dedications within three (3) years of the date that
the land is dedicated by CDC/Developer. All easement dedications referenced herein
shall be conveyed to the County after receipt of all necessary permits and within thirty
(30) days of written request by the County.
4. Paragraph] 2 of the Companion Agreement, as amended by the Second Amendment to
the Companion Agreement, is amended in its entirety and replaced with the following revised Paragraph
12:
12. All conveyances set forth herein shall be in fee simple to the County by warranty
deed except as may be specifically provided herein. such as but not limited to the Lely
Canal, Lely Manor Canal and Avalon School Outfall Canal as described in Paragraphs 5,
7 and 8, which shall be by grant of easement. With respect to such conveyances and
easements, the County shall be responsible for paying the costs of any title work and
searches, and CDC/Developer shall be responsible at its costs for promptly removing or
curing any liens, encumbrances or deficiencies revealed in any title work.
5. Except as modified herein, the remaining provisions in the Contribution Agreement,
Companion Agreement, First Amendment to Companion Agreement and Second Amendment to
Companion Agreement shall remain in full force and effect.
6. If there is any conflict between this Amendment and the Contribution Agreement, the
Companion Agreement, the First Amendment to Companion Agreement or the Second Amendment to
Companion Agreement, the provisions of this Third Amendment shall prevail.
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1684
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DONE AND ORDERED this.;L 7 day of Oc-k'k...v-
,2009
NAME:
BOARD OF COUNTY COMMISSIONERS
::LLIEIf=LO]~
NAME Donna Fl.ala
CHAIRMAN
APPROVED AS TO FORM AND
L~UFFL~
NAME: t LL
ASSISTANT COUNTY ATTORNEY
D(;p-'\y
ATTEST
DWIGHT E,8RR~;GL.ERK
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Page 3 of 4
1684
WITNESSES:
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COLLIER LAND DEVELOPMENT, INC.
(Signature)
~ 1hiC't<ii2 Pt ~
(Print full name)
C' A ____.
(~t;;) -..- ~
(~Ar;:,h~Y\ Sc,P\\..-l'-.uYL
(Print full name)
BY:_P~ 2 Uk
Print Name: fA,{~i.u<:- L. 0nB'€..
Title: \lICe p(2;C~,;e"'\
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was executed before me this ~02--1ay of ~e.......I.....,.., 2009 by
:Pa.o\..:c..l&. L. lA-t\:;e...... , the ~"'. P........I_ _ tofCollier Land Development Inc.
..U.......N.................................
i .DEBORAH A. BROWN i
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WITNESSES:
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CDC LAND INVESTMENTS. INC.
(Signature)
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(Print full name)
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(S ignature)
By:
Print Name: \2..~0lX \). Cv~.:~
Title:
\kGE PILe>" D 2t-'"\'
C-hr,:>hcv..-.. -O:-~f lI.....IL.....,-r<""-
(Print full name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was executed before me thisOl~~ay of ~ f~L_' 2009 by
""Rolae.rA- "'J:>. ~~~..... , the'lllt.t. ~.,.A- .1:;;f CDC Land Investments, Inc.
)I.. . GA. .................................0_]
A\\' ~.". . . (~ : llEBORAHA.BROWN
~~:~y~I~CI~~~a=~fFlorA . ~W-I\J '.' ==~8
Certificate No. 'D)) 61 .:l ~c...1 Dr :
My Commission Expires: (t:. {...t..1...-I ~,o i.....~".".u..u~.~~~J'
PMB 379005.3
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