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Backup Documents 10/26/2021 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ! 6 A: 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 Coun Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP IS Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documen alr dy 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 ounty Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office (Ej 4. BCC Office Board of County Commissioners �\ ))_cf,; 5. Minutes and Records Clerk of Court's Office 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 Matt McLean: CPP,IF&PM-GMD Phone Number 239-252-62918279 Contact/ Department Agenda Date Item was 10/26/2021 Agenda Item Number 4 Approved by the BCC (,Qf Type of Document Amendment to Cross Easement Number of Original 1 Attached Agreement—Collier County—Colusa Documents Attached Park Elementary School PO number or account 112-172927-633011-31112.12 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? PJL 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 PJL 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 PJL 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 PJL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip PJL 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 and all changes made during the N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for t = � an option for Chairman's signature. 1 this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.I5;Revised 11/30/12 1 6 :A HayesJessica From: YilmazHeather Sent: Friday, November 12, 2021 10:02 AM To: HayesJessica Subject: RE: RLS for assignment Hi Jessica, Correction, the Sho es at Santa Barbara: Amendment to Cross Easement Agreement had 3 originals. equesting 2 originn s for distribution on this oriZT— The Immokalee Land Swap Developer Agreement had one original. If the Clerk keeps the original, will just need copy of executed agreement to distribute as needed. There is a Interlocal Agreement with the City of Naples that I am expecting today for the Harbor Holiday project (Creekside). I will get that to you for execution, once it is received. Respectfully, 5-leather Cartwright yilmaz Co Ter Cou Ity 2685 S. Horseshoe Dr. Suite. 103 I Naples, FL 34104 Capital Project Planning, Impact Pees Phone I Office (239) 252-2677 I Cell(239) 450-3977 &Program Management Division Map I email I colUerINC I coWer311 co SURTAX I colUerMH-EAAC I CC-SCEC "HOW ARE WE DOING?" Please CLICK HERE to fill out a CUSTOMER SURVEY. We appreciate your feedback! From: HayesJessica <Jessica.Hayes@colliercountyfl.gov> Sent: Friday, November 12, 2021 9:19 AM To:YilmazHeather<Heather.Yilmaz@colliercountyfl.gov> Subject: RE: RLS for assignment I will note that on the pink sheet. Jessica Hayes, MPA, MS Legal Assistant-Paralegal Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 i 1 6 A 1 MEMORANDUM Date: November 15, 2021 Cc: Matt McLean, Division Director, Collier County Capital Project Planning/Impact Fee/Program Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to Agreement to Cross Easement Agreement Colusa Park Elementary School Attached is one (1) scanned original of the agreement as referenced above, (Item #16A1) approved by the Board of County Commissioners on Tuesday, October 26, 2021. The original has been kept by the Board's Minutes and Records Department and after recording in the official land records will be part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16A 1 This instrument was prepared by: G. Helen Athan, Esq. Coleman,Yovanovich & Koester, P.A. 4001 Tamiami Trail, N Suite 300 Naples, FL 34103 INSTR 6162834 OR 6045 PG 957 RECORDED 11/22/2021 10.06 AM PAGES 13 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA File No. 17099.001 REC$112.00 AMENDMENT TO CROSS EASEMENT AGREEMENT This Amendment to Cross Easement Agreement("Amendment") is entered into thist) day of , 2021, by and between STROHL FAMILY LLC,a Florida limited liability company("Parcel A Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY FLORIDA (collectively the "Parcel B Owner"). Parcel A Owner and Parcel B Owner are collectively referred to as the "Parties". BACKGROUND A. The Parties' predecessors in title entered into a Cross Easement Agreement recorded at Official Records Book 1483, Page 1619 of the Public Records of Collier County, Florida ("Easement Agreement") which Easement Agreement granted various cross easements for the purposes described therein. Parcel A Owner herein is the successor in title to Parcel A Owner as defined in the Easement Agreement and Parcel B Owner herein is the successor in title to Parcel B Owner as defined in the Easement Agreement. B. The use of the properties encumbered by the easement and benefited by the easements in the Easement Agreement have changed and the Parties wish to amend the Easement Agreement to accommodate such changes. The Parties have entered into this Amendment to evidence their understanding. NOW THEREFORE,for good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: 1. The Background above is true and correct. All capitalized terms herein shall have the same meaning as described in the Easement Agreement unless otherwise defined herein. 2. The Access Easement described in paragraph 2.1 of the Easement Agreement is hereby terminated over the south 30 feet of the Access Easement,all of which south 30 feet is located on Parcel A. As a result, all of the Access Easement which encumbers Parcel A is hereby terminated. Parcel A Owner hereby grants to Parcel B Owner an access easement for ingress, egress and access for motor vehicle and pedestrian traffic, over, across and through the portion of Parcel A more particularly described on attached Exhibit A,which access easement ("Additional Access Easement") is hereby deemed a part of the Access Easement and all of 16A I the terms and provisions of the Easement Agreement which apply to the Access Easement shall apply to the Additional Access Easement granted in this paragraph. 3. Paragraph 4.1 of the Easement Agreement is hereby deleted and the following is hereby inserted in its place. The drainage easement granted in said prior paragraph 4.1 of the Easement Agreement is hereby terminated. 4.1 Drainage Easement. Parcel A Owner hereby grants to Parcel B Owner a perpetual non- exclusive easement over, under, across and through the most easterly 40 feet of Parcel A, which easterly 40 feet is more particularly described on attached Exhibit B ("Drainage Easement Area")for the purpose of draining water from Parcel B into the Drainage Easement Area and for shared storm water management. Parcel B Owner shall not discharge an amount of water which is greater than sixty-eight (68) cubic feet per second over said Drainage Easement Area. Parcel A Owner shall construct improvements in the Drainage Easement Area to facilitate the drainage of water as described herein. Parcel A Owner shall be solely responsible for the cost of such construction, maintenance, replacement and repair of the improvements in the Drainage Easement Area, including the shared storm water management system thereon in accordance with Altis Santa Barbara Site Development Plan prepared by Grady Minor dated July 2021, File Name: ADB-SDP-COVD.DWG, Job Code: ABDZSDP, dated July 2021,as amended ("Improvements"). Parcel A Owner shall notify Parcel B Owner at such time as the Improvements are completed. Every five years thereafter, Parcel B Owner, its successors or assigns, may perform an inspection by a certified engineer at their own cost,to assess the condition of the Improvements. If any repair or maintenance work is necessary, either Parcel B Owner may send Parcel A Owner a copy of said inspection report together with written notice of the remedial work to be performed by Parcel A Owner. Parcel A Owner shall commence such remedial work within sixty (60) days of receipt of said notice. If Parcel A Owner does not commence such remedial work as required herein,either Parcel B Owner may perform such remedial work as described in said inspection report. Parcel B Owner is hereby granted an access easement over the Drainage Easement Area for the limited purpose of completing such remedial work. Parcel A Owner agrees that it shall reimburse Parcel B Owner for the entire cost of said remedial work performed by Parcel B Owner. The Parties recognize and agree that a ten (10) foot landscape buffer easement shall exist over the east ten (10)feet of the Drainage Easement Area. Parcel B Owner agrees that it shall not interfere with, nor shall it permit any of its contractors, subcontractors or any persons working at their direction,to damage or destroy any improvements, irrigation system and/or landscaping installed by Parcel A Owner in said landscape buffer easement,or if either Parcel B Owner, or any of their respective contractors, subcontractors or any persons working at their direction, damage any improvements, irrigation system and/or landscaping in said landscape buffer easement area, the applicable Parcel B Owner shall restore, repair and replace any damaged improvements, irrigation system and/or landscaping at its own cost and expense. 4. Paragraph 4.2 of the Easement Agreement is hereby deleted. 5. Attached as Exhibit C is a composite sketch of Parcels A and B,the Additional Access Easement and the Drainage Easement Area. 6. Except as modified hereby,the Easement Agreement remains in full force and effect. 2 16A 1 In witness whereof, the Parties have executed this Amendment as of the day and year above written. (Signatures appear on the following pages.) 3 1 6 A 1 PARCEL A OWNER: STROHL FAMILY LLC a Florida limited liability company Q � By: /%/itn ss#1 Strohl, as Manager Ad rY/X_ S --r61(3 Printed name of Witness#1 Witness# Printed name of Witness#2 State of Florida County of Collier The foregoing instrument was acknowledged before me by means of I4 physical presence or[ ] on line notarization this �h ' day of 0- w i - , 2021, by Myles L. StrohVl, as Manager of Strohl Family LLC, a Florida limited liability company, on behalf thereof. He isP personally known to me or [ ] produced as identification. (Notary Seal) Notary Public State of Florida o,s Y Pt' GRACE J MORENO # •/ Commission#GG 288087 C4y1.046 .,J. ,Lc) QL x) u,ae,::. * •' Expires April 30,2023 +.fvrr`�' *04T 0 Woo Printed Name of Notary My commission expires: >i iL SC),202.3 4 16A 1 PARCEL B OWNER: Attest: CRYSTAL K:,Kinzei;,Clerk COLLIER COUNTY a political subdivision of the ! State of F rid Deputy - A t as to Chaitinan's By: Signatut of Penny Taylor, Chair of The oard of Commissioners of Collier County CRYSTAL K. KI lerk , Deputy Clerk Approved as t / sufficiency: County Attorney PARCEL B OWNER: DISTRICT SCHOOL BOARD OF COLLIER COUNTY FLORIDA By:The School Board of Collier County Florida By: fitness 1 rick Carter, as Chair -r.QR 1.[.e-tj-e Printed name of Witness#1 5 16A 1 (A/) .1-1-t-kp--"----\---61 (,-- Witness#2 / 4 t ]\S -r-- -14-, -- Printed name of Witness#2 Attested to by: KR AP/A -- Dr. Kamela Patton, Superintendent eviewed and Approved by: \ fl Kkkitil. 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'7 _,,,,,i,.,:,, ;,-,..i::7,..: k F 0 iv 4 aY C t: yy 4. 1 l ..+ � A k y • , e i t E G '..5 '>� 1 4 < 1.1.4010.k:, 1 :+� -: ?Ito 'fir._ ae>ro+i� a DAMS BOULEVARD ___ _ _ EXHIBIT'C' ©GI'8d}'M1AOP N g I 1 chi!Englurx�rs • Land Fu IOU O 0 150' 300' Planners • Landscape.Architects SCALE: 1"=300' u iru.l:r.vly lllnnr.corn 9/10/21,3:14 PM BoardDocs®Pro 1 6 A 1 ��^/�\ �C■ S CoGe!County �/� 1 1� Pudic$cl�o:>Is Agenda Item Details Meeting Oct 12, 2021 - Regular School Board Meeting Category Consent Agenda - Interagency Real Property Subject D10 Amendment to Cross Easement Agreement - Collier County - Calusa Park Elementary School Access Public Type Action (Consent) Recommended Action Approve the Amendment to Cross Easement Agreement between Collier County and the District School Board of Collier County, Florida for Calusa Park Elementary School. Public Content FEDERAL STATUTE: n/a FLORIDA STATUTE: 1001.42 SCHOOL BOARD POLICY: 7305 EXECUTIVE SUMMARY: On November 13, 1989, a Cross Easement Agreement was entered into and recorded in the Official Records Book 1483, Page 1619 of the Public Records of Collier County, Florida (the"Original Easement") establishing a 60-foot-wide drainage easement, benefiting a citrus grove that would eventually become the Calusa Park Elementary School site (the "CPE Site") and an adjacent property owned by Collier County. The District School Board of Collier County, Florida (the "District") purchased the CPE Site on January 5, 2000 and has utilized the previously established drainage rights in the Original Easement to drain water from the CPE Site across a neighboring vacant, unimproved property to the south (the "Burdened Parcel"). The owner of the Burdened Parcel is now seeking to develop its property, as a mixed-use (commercial and residential) project, known as the Shoppes at Santa Barbara, and would like to amend the Original Easement. The Amendment to Cross Easement Agreement (the"Amendment") amends the Original Easement: (1) to allow more water to flow through the drainage easement area, in compliance with the current permits for the CPE Site; (2) to require certain improvements in the drainage easement area; and (3) to reduce the width of the drainage easement area from 60-feet-wide to 40-feet- wide. The Amendment requires the owner of the Burdened Parcel, at its sole cost and expense, to make all of the improvements in the drainage easement area. The Amendment also modifies an access easement, granted in the Original Easement, by relocating a portion of it onto the adjacent property owned by Collier County. LEGAL APPROVAL: The item was reviewed and approved by Jon Fishbane, District General Counsel. CONTACT: Jon Fishbane, District General Counsel (239) 377-0498 D10_101221_AmendmentCrossEasementAgreementCCCPE_Final.pdf (639 KB) https://go.boarddocs.com/fl/collier/Board.nsf/Private?open 1/1