Backup Documents 10/10/2023 Item #12A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 late
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP 1 f► ► I S MS11-1
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 County Attorney Office County Attorney Office
HIAC /0--(10 023
4. BCC Office Board of County
Commissioners Q��, /r�l� 1 c(C/13
5. Minutes and Records Clerk of Court's Office �/,,, F ro-1 ��
PRIMARY CONTACT INFORMATION ' I
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 Heidi Ashton-Cicko/Office of the County Phone Number 252-8773
Contact/ Department Attorney
Agenda Date Item was October 10,2023 Agenda Item Number 12A
Approved by the BCC
Type of Document Amendment to Settlement Agreement and Number of Original 2 —Pecor I
Attached Amendment to Declaration of Covenants Documents Attached S o&-a to ��/
PO number or account /
number if document is 10+gC0C o- 13E34- toLCjO 30
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?
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 HFAC
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 HFAC
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 HFAC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip HFAC
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 10-10-23 and all changes made during t VA r o
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. n"
9. Initials of attorney verifying that the attached document is the version approved by the ' /A -
BCC,all changes directed by the BCC have been made,and the document is ready for the L t
Chairman's signature.
146-
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
AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE
This Amendment to Settlement Agreement and Release is executed this /O day of
Q Cfp kJ" 2023,by and between the Board of County Commissioners of Collier County,Florida
(the "County") and Lodge Abbott Associates, LLC, a Michigan limited liability company
("Lodge") joined by Lodge Abbott Investments Associates, LLC, a Michigan limited liability
company ("Lodge Investments").
BACKGROUND
A. The County and Lodge entered into a Settlement Agreement and Release dated June
9,2008 (the "Settlement Agreement"),recorded at Official Records Book 4368, Page 2345,of the
Public Records of Collier County, Florida; and
B. Among other things the Settlement Agreement resulted in approval by the County
of an amendment to the Cocohatchee Bay PUD, Ord. No. 2000-88, set forth as Exhibit"2"to the
Settlement Agreement(the"Amended PUD"); and
C. Lodge and Lodge Investments have filed an application to further amend and
restate the Amended PUD and the County has concurrently approved the Amended and Restated
Cocohatchee PUD; and
D. Consistent with the forgoing, the parties have agreed to amend certain terms set
forth in the Settlement Agreement and have entered into this Amendment for that purpose.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
1. The above recitals are true and correct, are a part of this Amendment, and are a
w material inducement to the parties in entering into this Amendment.
cc 2. It is acknowledged that the Amended PUD has been further amended and restated
by an Amended and Restated PUD concurrently approved by the Board of County
S Commissioners, under Ordinance No. 2023-46 (the "2023 Amended and Restated
QQ Cocohatchee Bay PUD"). Consistent with its adoption the parties hereby amend
the Settlement Agreement as follows.
C9in71-
0Q
a. U o 3. The first sentence of Paragraph 2 of the Settlement Agreement is hereby amended
cni-
o to state:
Or0H
o a w z The settlement documents, at the time of execution of the Settlement
N a F- O
Agreement, consisted which will consist of the original PUD Ord. No.
(c) wW Vo
N 0 O c 2000-88 (Exhibit 1), the Amended PUD, concurrently adopted (Exhibit 2)
W CO
Le S w 11 the revised Bald Eagle Management Plan for the Amended PUD (attached
z cc o S cc as Exhibit B to the amended PUD), a phasing diagram entitled
"Cocohatchee Bay Golf Course Exhibit" (Exhibit 3), and a Pathway
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Depiction (Exhibit 4). This Agreement and Release expressly states the
acceptable deviations in development standards from the original PUD.
Absent an express term in this Agreement and Release, the original PUD
will control.
4. Paragraph 6 of the Settlement Agreement is hereby amended as follows:
Within fifteen(15) days of the Effective Da* fth s Settleme t A greement, Lodge
has contributed shall contribute the sum of $3 million to the County to fund
Vanderbilt Drive corridor improvements and bridge enhancements. No impact fee
credits shall be given for payment of this sum. Lodge recognizes that the County
590.l ll '+ + st the Ge „ty nth d; g tho stfuetion of tl V.,n,lerbilt
Drive Bridge enhancements. No such additional contributions shall be required,
however, until the County provides evidence that all parties have spent
$5,500,000 M tll Vanderbilt Drive age en�hancemen+s n ny � cl, � , aid
over the initial $3 million shall receive road impact fee credits. Nothing in this
n + ,l v to >1 >,+ended + sh ll_it r trict i ,,, y the
County's ability under applicable laws, ordinances or rules to require fifty percent
(50%) of all transportation impact fees upon approval of the SDPs. These funds
shall be refunded to Lodge should Lodge be permanently prevented from
third party. County shall be entitled to retain these funds without any need for
reimbursement upon the earlierf(l) T ent of constructee of
the first tower, or (2) the exhaustion of time to file any third party challenge with
respect to any matter concerned by this Agreement and the attachments hereto.
5. Paragraph 10 of the Settlement Agreement is deleted in its entirety:
Building Five as shown on the revised Bald Eagle Management Plan
attached as Exhibit B to the amended PUD shall be increased fifteen(15) stories to
seventeen(17) stories, but shall not exceed 175 feet in Building Height, as defincd
in Paragraph 3.5 entitled Amended Cocohatchee Bay Community Development
Standards" of the amended PUD, and Footnote 2 thereto.
6. Paragraph 11 of the Settlement Agreement is amended in its entirely to read as
follows:
The maximum number of dwelling units to be constructed by Lodge shall not
exceed 5-90 600 units. Of these, a maximum of 5590 600 units may be multi-family
and constructed on the R Parcel. However, two (2) units of the 590 may be single
family units to be built of the GC Parcel. The development standards for the single
f a�oz llll ng-units o e GC D 1 1, 11 b + f rt c +' n n +l,
amended PUD, attached hereto as Exhibit 2.
[14-CPS-01284/851868/1T Page 2 of 7
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7. A new Paragraph 26 is added to the Settlement Agreement as follows:
26. Lodge Investments shall cause to be conveyed to the County, at no cost to
County, Tract 10, of the Wiggins Bay Phase 1 subdivision according to the plat
recorded in Plat Book 13,Pages 89 and 90 of the Official Records of Collier County
Florida ("County Parcel") by warranty deed, free and clear of all liens and
encumbrances except for a drainage easement for the benefit of the property owners
within the PUD recorded in OR Book 6214, Page 59, within sixty (60) days of the
expiration of any appeal period or upon successful defense of any appeal of the
approval of the Amended PUD, PL20220001142. Acceptance will be pursuant to
Resolution No. 2010-39. In addition,Lodge will pay the sum of one million dollars
($1,000,000) to the County within sixty (60) days of the County obtaining a
building permit to construct a parking lot in whole or part on the County Parcel.
There will be no impact credits given for the conveyance of the property and cash
payment.
8. To the extent that there is a conflict between the terms of the Settlement Agreement,
as hereby amended, and the terms, entitlements, impositions, and obligations
imposed by the 2023 Amended and Restated Cocohatchee Bay PUD,the latter shall
control.
9. Except as modified hereby, the Settlement Agreement remains in full force and
effect.
The parties have executed this instrument as of the day and year first above written.
[SIGNATURE PAGES TO FOLLOW]
J14-CPS-01284/851868/1] Page 3 of 7
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B �G=
Y•
Rick LoCastro, Chairman
ATTE$T:
CRYSTAL 4. KINZEL•, CUE
pu�Y
Clerk
A est as to ChaigrnDeatrs
Yu signature only
Approved as to form legality:
eidi Ashton-Cicko
Managing Assistant County Attorney
1-14-CPS-01284/851868/l1 Page 4 of 7
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Witnesses: LODGE ABBOTT A OCIATES, LLC
12
'7. 4-<, a'el
Witness#11 /
V i ciLi e_ C C i I i ii By'
Print n m fwi ess 0 .7" Printed Name:
Witness#2 Q ) {�- i-
Chr/3 /"A er ClC.j;p� Title: v�(4 Tr�.S� .e/A
Printed name of Witness#2
STATE OF M1ClC‘yin
COUNTY OF W ayno-
The foregoing instrument was acknowledged before me by means of 4A physical presence or ❑
online notarization this 12 day of CX.Acbtie 2023, as Ow_ FilslagAkof LODGE
ABBOTT ASSOCIATES, LLC, a Michigan limited liability company.
Notary Public must check applicable box:
TAare personally known to me.
n produced her current driver license.
n produced as identification.
(Notary Seal) 0
44A/CkU Public 24—
Printed Name of Notary:
Commission Number:
My Commission Expires:
Michelle Arbogast h„•S' 6r.a` 11i*14
Notary Public of Michigan ,.�'' �.' '• e, e�
Livingston County u.t ; ..4, 4' a I.
Expires 08/0 /20 4 r :Tw .. , e,0
Acting in the County of A A A - • '1 ..A •'4;..♦
14
a.
,ip'�4'sp
{14-CPS-01284/851868/1] Page 5 of 7
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Witnesses: LODGE ABBOTT INVESTMENTS
71 J ASSOCI TES, LLC
Witness# .
c.K i Iips
Pri e Ovit
wits By:
'7X�11 < _ �^
Printed Name• `8
t.ak-f 1.A er(2 d/(""� . 1
Printed name of Wi ess#2 Title: \!tve. (�?1E41n 14
STATE OF MICN WI
COUNTY OF \/Jp.
The foregoing instrument was acknowledged before me by means ofTphysical presence or ❑
online notarization this n day of VcAckliAr 2023, as\Act?&s`iclen* of LODGE
ABBOTT INVESTMENTS ASSOCIATES, LLC, a Michigan limited liability company.
Notary Public must check applicable box:
are personally known to me.
❑ produced her current driver license.
❑ produced as identification.
(Notary Seal) C '<)<
o ary u lic
Printed Name of Notary:
Commission Number:
My Commission Expires:
ichelle Arbogast Rey°7.01. 2,�er,
Notary Public of Michigan 'i .........,,%+ w.�•.�
Livingston Coun e'., ' r r, . • ', ;y
Expires 08/0 /21 '' a►�,1L'a ",„ �;
Acting in the County of �' /1j• Iwo n +� N
lip" 1 s w
♦11�%•�• .'Ff o..7 . 1
3rlh)JiJJJ)))S'�^„
114-CPS-01284/851868/11 Page 6 of 7
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Trident Dunes, LLC hereby acknowledges and consents to the provisions in Paragraph 26
(number 7 of this document) regarding conveying the 3+acre County Parcel to Collier County.
TRIDENT DUNES, LL
By: QiL
Printed
Name: E,a,lAxral L. Sc ,,A,f^}Z
Title: 1C4 ?C€5‘d.evvF-
f 14-CPS-01284/851868/11 Page 7 of 7
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INSTR 6465225 OR 6297 PG 468
RECORDED 10/16/2023 4:02 PM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Prepared without title examination COLLIER COUNTY FLORIDA
by and return to: REC$35.50
Charles C.Whittington,Esq.
Gunster Yoakley&Stewart,P.A.
5551 Ridgewood Drive,Suite 501
Naples,Florida 34108
239-514-1000
[Space Above This Line For Recording Data]
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
This Amendment is made this In
day of 04: Q-(2023 by Lodge/Abbott Associates
LLC ("LA") and Lodge/Abbott Investments Associates LLC ("LI"), each a Michigan limited
liability company, for the benefit and with the consent of the Board of County Commissioners of
Collier County, Florida (the "County") as set forth.
BACKGROUND
A. LA made and executed a Declaration of Covenants and Restrictions dated
December 11, 2016, recorded in Official Records Book 5322,Page 2347 of the Public Records of
Collier County, Florida (the"Declaration");
B. The Declaration was required by the terms of a Settlement Agreement and Release
between LA and the County,dated June 9,2008 and recorded in Official Records Book 4368,Page
2345 of the Public Records of Collier County, Florida (the "Settlement Agreement") which was
the basis for the Cocohatchee PUD under and by virtue of Ordinance No. 2000-88 (the "PUD");
and
C. LA, LI and the County are in the process of amending the Settlement Agreement
and the PUD, and concurrent and consistent therewith desire to amend the Declaration to be
consistent therewith.
Now therefore, in consideration of the premises, it is agreed that the Declaration is
amended to modify Section 1 of the Declaration as follows:
1. LI and LA hereby make the following covenant:
If the golf course development area or golf course use is ever discontinued
or abandoned for any reason on the Burdened Property, then the Burdened
Property, except so much of it that may be used for two (2) residential
dwelling units,except so much of it that may be used for Essential Services,
shall remain forever as green open space and be limited in perpetuity to the
uses expressly allowed in Paragraph 5.3 of Exhibit 2 to the Current Zoning,
as amended. Provided, however, nothing herein shall obligate LA or LI to
build, construct or develop a golf course, or any portion thereof, on the
Burdened Property.
Page 1 of 4
Words underlined are additions; words struck through are deletions
Except as modified the Declaration remains in full force and effect.
Executed the day and year first above written.
0e s Lodge/Abbott Associates, LLC, a Michigan
limited liability company
WI ESS #1
•a ft Levin By:
Printedl�a� % of Witness Title: llaIt-SOltrl'
jj Print Name: �c.N % Fsikoe.e T(AU 5
i•
it l l
WI, IS;' #2
'Tangy Fa Ilu ►a.
Printed Name of Witness
STATE OF TlAichyo., )
COUNTY OF tAkky„t )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by
means of 71 physical presence or ❑ online notarization, on this 13 day of Ste , 2023, by
Rkt 6rdtKuts , as 766p614,44,( of Lodge/Abbott Associates, LLC, a Michigan
limited liability company, who X is personally known to me or ❑ presented
as identification.
(Seal) ai)
o ary Public
..001:trtfrt!,-;ii. Mtc/helit ili *0.a&-i-
; .!
,„::,-,d, �,,.......• , _ Printed Name of Notary Pb - is
A
, e '1,"'° '✓v+'. = My Commission Expires:
• a . . k.
" Ar+ ichelie Arbogast
S ,�+ t 7) : ` Notary Public of Michigan
. v,,,1' ,, y , ,y Livingston County
::A.; .. 1-.°. �.° Expires 08/03/202
. .'°yey,t�j .,'"p "` ``< Acting in the County of , • ., A
�1 rarnrtyputi`,5 Page 2 of 4
Words underlined are additions; words struck thro ^h are deletions
de.ti-siA Lodge/Abbott Investments Associates, LLC, a
Michigan limited liability company
WITN'SS #1
`la It 1 By: 10.....640
Printed Witness Title: d /M/1n
Print Name: f�c,tihcs5 eir CIG14A s
WITN S #2
h2t1A FA&IuccA
Printed Name of Witness
STATE OF Mithysti )
COUNTY OF A/Lov'
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by
means of physical presence or ❑ online notarization, on this 13 day of S , 2023, by
SWKhp A,) , as "jiiptsktrg( of Lodge/Abbott Investments Associates, LLC, a
Michigan limited liability company, who X.,is personally known to me or ❑ presented
as identification.
(Se l)
"" otary Public
'..;�,.fees Cora•,. a� ) Y ► 4,hp!IL Ai •.••'• Q�
-�,=') gr Printed Name of Notary '. s lic
ti �a *'= My Commission Expires:
A
........
• ,. Michelle Arbogast
i•
°_-,.��►►e ' Notary Public of Michigan
Livingston County
Expires 08/0 /20 •
Acting in the County of , .
Page 3 of 4
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CONSENT
Consent is hereby given to this Amendment to Declaration of Covenants.
Board of County Commissioners, Collier County
By:
Rick LoCastro, Chairman
•
Attest ,a�
Crystal K. Kinzel, Clerk o_ the Circuit Court
Attest as to Chairman's
signature only
Approved as to form and legality:
011A F��
Heidi Ashton-Cicko 6-20-23
Managing Assistant County Attorney
Page 4 of 4
Words underlined are additions; words struck through are deletions