Backup Documents 12/13/2022 Item #16A27 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 7
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 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. Mike Bosi Zoning Division
3 County Attorney Office County Attorney Office0 0( IZI IH�LZ
4. BCC Office Board of County
Commissioners
Jj ��1 �
5. Minutes and Records Clerk of Court's Office r(viF i 't/vi ` l 2-
p-
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 Mike 8osi Phone Number 252-1061
Contact/ Department
Agenda Date Item was 12-13-22 Agenda Item Number 16A27
Approved by the BCC
Type of Document Settlement Agreement Number of Original 1
Attached Documents Attached
PO number or account 131-138319
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? mb
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 mb
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 mb
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 mb
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip mb
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 12-13-2022 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County 1 an option for
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 N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the o an option for
Chairman's signature. this line.
l: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
t 6 A 2 7
AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE
This AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE (the
"Amendment")is made and entered into this 13th day of December 2022,by and between Sunrise
Cay II Condominium Association, Inc., a Florida not-for-profit corporation (the "Association"),
and Collier County,Florida, a political subdivision of the State of Florida(the "County").
WHEREAS, the Association and County entered into a Settlement Agreement and
General Release dated September 15, 2009(the"Settlement Agreement"), Agenda Item No. 17.E, r c� n x
ADA-2008-AR-14059,pertaining to the application of the County's Manatee Protection Plan and o
the Association's request for interpretation, INTP-2008-AR-12749, for the configuration of m� �°ow
proposed boat dock facilities at the Association's property ("Property") located in Section 9, o o H o
Township 52 South, Range 28 East, as legally described in the Declaration of Condominium for c m N a
z
Sunrise Cay II recorded in OR Book 2245, Page 1343, of the Public Records of Collier County, o o
Florida, as amended from time to time; and
o C N O
WHEREAS, the Settlement Agreement, along with ACOE permit SAJ-2003-0972, and D o N
DEP permit 11-0220350, and Collier County SDP-89-229, all as amended from time to time, -
co
authorized the installation of certain boat dock facilities in a particular configuration as shown in z D
Exhibit "A" to the Settlement Agreement, and those boat dock facilities were installed by the 0 c)
Association in 2009; and 0 A
WHEREAS, the Association has requested an amendment to the Settlement Agreement o
for a proposed reconfiguration of the boat dock facilities at Sunrise Cay II, as reflected in the m
attached amended Exhibit "A", modifying the total protrusion from the Mean High Water Line
(MHWL) from 18 feet to 29 feet, moving six slips from the Faka Union Canal to the Sunrise Cay
Canal, adding 14 additional pilings, and increasing the total overwater structure from 390 square
feet to 12,553 square feet (for floating boat docks); but without any change to the maximum
number of slips or the cumulative total length of the vessels as established in the Settlement
Agreement; and
WHEREAS, the County agrees that the proposed reconfiguration of the boat slips as
reflected in attached amended Exhibit"A"(with 42 boat slips,floating boatlifts,approximately 90
boatlift control piles, and the relocation of six (6) slips from the Faka Union Canal to the man-
made canal on the south shoreline,and protruding 29 feet into a man-made canal) is approved and
complies with the Collier County Manatee Protection Plan, subject to approval by the Hearing
Examiner per LDC section 5.03.06.
NOW, THEREFORE, in consideration of the foregoing premises and the following
mutual promises (the receipt and sufficiency of such consideration being acknowledged by the
parties), the parties agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. Exhibit "A" of the Settlement Agreement is replaced with the amended Exhibit
"A", attached hereto and incorporated herein by reference.
3. The parties acknowledge and agree that the numerical limit of 42 boat slips with
the loading dock, and the 973-foot cap on the cumulative total length of the vessels,
not including engines,remain in effect and are not changed.
[21-CPS-02085/1754669/1] Page 1 of 2 Cf10)
1 4 A 2 7
4. All other provisions of the Agreement shall remain in full force and effect.
5. The effective date of this Amendment shall be the date of approval for both BDE-
PL20210002028 and its related SDP amendment, as determined by the County
Manager or designee. If the BDE or SDP amendment are not approved, then the
September 15, 2009 Settlement Agreement for the existing dock configuration
remains in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER CO '; •RIDA
By: (-1-2
BY: ..ram.
Attest as 0 Chairman- Deputy Clerk Wil m L. McDaniel, Jr., Chairman
sivature only.
WITNESSES: AS TO ASSOCIATION:
SUNRISE II CONDOMINIUM
ASSOCI• TION, INC.
Witness
#1 Pri ted Name By: tki AA')
Ovidio C. - ga, President
Witnc3s#2 Signature
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of physical presence this
day of November 2022 by Ovidio C. Giberga, as President of Sunrise Cay II Condominium
Association, Inc., a Florida not for profit corporation, on behalf of the corporation, who J3 is
personally kna ltul ,or 0 has produced as identification.
^ 0-� \ssioNcam'�. 4 �'
;'�e°R s?O P••' ; Notary Public ?
rii
* 082045 : * _ / . I a 1f (3
' s m, aQ= Print Name: 113110 Y1
��. e
%9,pfayAuAlcuor..•' ����
2
A vet e403a gahty: Approved by the Zoning Director:
nI 1111
Derek D. Perry, Assistant oun Mlle!\ey Mike Bosi, Zoning Director
[21-CPS-02085/1754669/1] `•� Page 2 of 2
16A27
Amended Exhibit "A"
I 0 A 27
„..(..._ 3�
w
O m
zO N
❑ oo
< H . W
0
Z w a,-
nn R�>zz Z
WVOZQ• QW
`X1 '���J� .
' E ^ O
�� � &L V Z
Q ❑
❑ CD
2 W fA ` n O wyp NLL(� i_
n z w xQa as
Kww� aw ¢ N
Ws,Wo ¢lI §:FS. ZdIcoo Cl) co Wza W,2o :4U Z
O O
I �,o (6- ,,2i
3
NOISfl1OHd 0J woWi wN6 ;-
6Z oW200' LL�
zwo
•
�� f aazIWa pa QQ owrozw>c9 a �
oz Y
,_
WZ Wr. 1a.N~e. 2t w in- 0 i H
�-=r H,K7 QWF EP° u aim 0=o
o, «" cc, y Ruiom coc=fM
a� �
./ipw,tief .
F- N - ,
Cl J
U) ZO
...... tor C—i, 0 R. 1— <
a. V"
WW XL? m iple �x a W x •
fir, o
CC CC lel a
,,,,, 41. (1) LU :
Z - u z
li
3
w
/ / � Y z �. C
O J z o Q Q
.
ZJ N �Q Q1 ❑ t
� WOIX ZQ 1 L
1r � tW ❑Z Q
t o =n Q I
U= n
,fh
J
Qa U-
cinl
0 az
CD '' g 2,
JP- } c ".
U r1
t. =4 HQ_ r, o � wx
.. ,1 _ a.,
W ¢ ,... .1.
o
,r- ►r• « o z 'o
�— . < -'> o
Q I
«.. :`y •
i. Qn N 3 W Q
AL Irk
02 C)" N V O
a H v
ti
71-1,fr ....0
3n12:10 D:1OdM3N /1\ ._
P.\0304.02 Sunrise Cay II\CAD\PERMIT-COUNTY\030402-BDE.dwq AMENECETI EXHIBIT A 11/17/2022 IV