First Amendment to Easement Agreement
Retn:
RBAL BSTATB.SBRVICBS
INTEROFFICB
SUB ZIMMBRMAN/BIT 2622
4136310 OR: 4336 PG: 0798
RBCORDBD in tbe OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/06/2008 at 01:28PM OWIGHT B. BROCK, CLBRK
RBC m
coms
MISC
18.50
4.00
1.50
FIRST AMENDMENT TO EASEMENT AGREEMENT
AND NON-EXCLUSIVE ACCESS EASEMENT
THIS FIRST AMENDMENT TO EASEMENT AGREEMENT AND NON-EXCLUSIVE
ACCESS EASEMENT entered into this ~ day of::Jo...Jlllv.rt ,20(8, by and between
THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA (hereinafter referred to as the
"Grantor"), whose post office address is 5775 Osceola Trail, Naples, Florida 34109, and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns
(hereinafter referred to as the "Grantee"), whose post office address is 3301 Tamiami Trail East,
Naples, Florida 34112.
WITNESSETH
WHEREAS, the Grantor and the Grantee have previously entered into that certain
Easement Agreement and Non-Exclusive Access Easement dated January 17, 2002 and
recorded in the public records of Collier County Florida at OR. 2970 PG. 3324 (the
"Agreement"); and
WHEREAS, the Grantor and the Grantee are desirous of amending the Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided within
the Agreement and Ten Dollars ($10.00) and other good and valuable consideration, the
Agreement is hereby amended as follows:
1. Paragraph 10 of the Agreement is hereby deleted in its entirety and replaced with
the following:
"10. Grantee's Property shall be used for Collier County governmental purposes or to
provide affordable housing to Essential Service Personnel, as defined in SHIP Local Housing
Assistance Plan, April, 2007. Grantor and Grantee further agree that such residential affordable
housing will be designated for use on an equal priority basis by employees of the Grantor and
the Grantee who qualify under existing affordable housing guidelines. Grantee agrees that all
agreements for sale or use of Grantee's Property or use of the Easement Area shall contain
these restrictions. Grantee further agrees that any transfer of ownership shall require Grantor's
consent. Ordinance 2005-46, which amends Ordinance 2004-41, allows the construction of
30.66 dwelling units on that portion of Grantee's Property identified as Folio No. 00400246406.
If and when the Grantee's Property shall be used to provide affordable housing, the Grantee will
be required to provide, at Grantee's sole cost and expense, an eastbound sidewalk interconnect
on the south side of the access road from the access connection to Calusa Park Elementary
School's existing sidewalk."
Except as expressly provided herein, the Agreement between the Grantor and the
Grantee remains in full force and effect according to the terms and conditions contained therein,
and said terms and conditions are applicable hereto except as expressly provided otherwise
herein.
::1' ,; CONVEYANCE APPROVI!O BY "..
CL OOALLRD OF COUNTY ?Jt. IlIte......
IER COUNTY, FlORlOA,
PURSUANT TO THE F'RCMItOla
OF RESOLUTION NO. <<.004 - iil.tFL
f:\bembridge\amendment to easement agr
*** OR: 4336 PG: 0799 ***
IN WITNESS WHEREOF, the Grantor and the Grantee have hereto executed this First
Amendment to Easement Agreement and Non-Exclusive Access Easement the day and year
first above written.
APPROVED BY THE BCC, DATED Vl.U"\e-~, aoo"l
A TTEST:'I. .
.,~!f:'C!f)~'
DWIOOl",5'~'8~.~, Clerk
. :~:\"":'~~ k
At st;::'t.~~_).......' ~eputy Clerk
1IIIlltq _1.... \.
Approvei:laSild'form and legal sufficiency:
~f:~SjON<~'
Assistant County Attorney
DATED:
I J J1-IOe
rintendent
Approved as to form and legal sufficiency:
/Zqu/t/f
--.
Richard W. Withers,
School Board Attorney
f:\bembridge\amendment to easement agr
BOARD OF COUNTY COMMISSIONERS
COLLlERCSJdNTY, F IDA
By: L
I,
an
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA
~ a~
By: ~[U .
A ABBOTT, Chair
TO:
FROM:
DATE:
RE:
Memorandum
Minutes & Records Management
/!/'
.'! ..----
..1.. ~'X
l) ,/
Sue Zimmerman
Property Acquisition Specialist
Real Property Management
March 19,2008
....
Bembridge PUD
Project No. 551701
Agenda Item 16B5, June 22, 2004, Resolution No. 2004-209
Please find enclosed one (1) original recorded First Amendment to Easement Agreement
and Non-Exclusive Access Easement for the above referenced project.
Please contact me if you have any questions or comments at Extension 2622.
Thank you.