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Second Amendment to Settlement Agreement & General Release INSTR 5363950 OR 5360 PG 29 RECORDED 2/3/2017 10:28 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$35.50 SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE This SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE(the"Second Amendment")is made and entered into this a`'1�''day of—Taw/el/ ,20 /7, by and between Villages at Stella Maris Master Association, Inc., a Florida not- for-profit corporation (the "Master Association"), and Collier County, Florida, a political subdivision of the State of Florida(the"County"). WHEREAS, on June 26, 2007, the Master Association, County and POI Development, Inc. ("Developer") entered into a Settlement Agreement and General Release (the "Settlement Agreement"), dated June 26, 2007 and recorded on June 29, 2007 in Official Records Book 4251, Page 1019 of the Public Records of Collier County, Florida, affecting the property described in Exhibit A, attached hereto(the"Development");and • WHEREAS, pursuant to the terms of the Settlement Agreement, the Developer, in recognition of the Collier County Manatee Protection Plan, agreed to grant the County a conservation easement over its seawall so that no boats would be allowed to dock alongside the seawall, in exchange for the County permitting the use of a boat ramp, as described in the Site Development Plan for Stella Maris Phase III, dated July 3, 2003, on the condition that the boat ramp would service no more vessels than could have docked alongside the seawall in a marginal wharf configuration; and WHEREAS, the Master Association, County and Developer entered into an Amendment to Settlement Agreement and General Release (the "Amendment") on May 12, 2015 and recorded on May 27, 2015 in Official Records Book 5156, 1101 of the Public Records of Collier County, Florida; and WHEREAS, on May 12, 2015, the County approved the vacation of the conservation easement via Resolution No. 2015-95; and WHEREAS, pursuant to the terms of the Amendment, the County agreed that the intent of Section 4.6.3 of the Collier County Manatee Protection Plan, relating to shoreline development within the manatee sanctuary at Port of the Islands, is to limit boat traffic in the area to the maximum number of boats that can be located in a parallel marginal wharf configuration along the waterfront of multi-family areas. WHEREAS, based on that interpretation, the County agreed to allow for construction of residential boat dock improvements along the 912.05 foot long seawall previously encumbered by the conservation easement, consisting of no more than 39 boats, each limited to 22 feet in length, in place of the previously contemplated boat ramp; and WHEREAS, subsequent to the Amendment, staff determined that additional docks could be allowed, and that a maximum of 42 boats with an average length of 22 feet could dock along the 912.05 foot long seawall in a parallel wharf configuration; WHEREAS, the Master Association and the County agree that the intent of the Manatee Protection Plan will be preserved by allowing the construction of the number of boat docks (6;.)) necessary to accommodate a maximum of 42 boats with an average length of 22 feet, as long as the cumulative vessel length will not exceed 912.05 feet. 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. Paragraph 6 of the Settlement Agreement is amended as follows: Boat Dock Improvements. The County agrees to approve the residential boat dock improvements ("dock improvements") described herein for the portion of the Stella Maris Phase III development abutting the seawall described in Exhibit "A" upon satisfactory application by the Master Association for a Site Development Plan Amendment, Boat Dock Extension, and any other requisite County permits or approvals in accordance with applicable standards under County ordinances and regulations. The dock improvements shall consist of no more than 3.9 42 boats with an average length of 22 feet along the 912.05 foot long seawall described in Exhibit "A dips, each limited to 22 feet in length, which is consistent with the maximum number and size of boats that would be permitted under a parallel marginal wharf configuration, located along the 912.05 foot long seawall -- • - • • • - • - •- • • '. _ . . . . The Master Association does not presume that this Amendment to the Settlement Agreement provides for a one-to-one boat-to-condominium unit relationship. The County's 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT BROCK, Clerk COLLIER COUNTY, FLORIDA ele coy^ /. B), < { ' �� D ' By: / . l -putiiClerk Pe.,,nri. q...\1 .c , Chairman ideSf . �, ail tid signature oil►:, [15-CPS-0 1 497/1 3 0 5 029/1 I Words underlined are added Words strtrek-thretatt44 arc deleted. 12/9116 . Approved as to form and legality: kr —47e .IA (ill//(0 Scott A. Stone Assistant County Attorney WTTNESSES(TWO) VILLAGES AT STELLA MARIS MASTER ASSOCIATION, INC. ' ,_.I Print Name: E 41 O , ,, /, � 0 By: L____Da -N 7,./ta-e- ri Name: � ep J ,O, QtAi i v Dan Truckey. President (CORPORATE SEAL) STATE OF Esc.-- n ) ) SS: COUNTY OF 6-o ' ) The foregoing instrument was acknowledged before me this 6 day of 3�-,----j 20 I1 , by Dan Truckey as President of Villages at Stella Maris Master Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) Iarter s L-u..ce as identification. JORD41WRr4Di�iaWMMEi+ 1•..,-` JORDAN BRADEE EUVE otary Public NOTARY PUBLIC STATE OF WISCONSIN �perAD-ei le GALA.,,"t Printed Name My commission expires: � 17/ `1.c 1l I1,5-CPS-01497/1305029/11 Words underlined are added;Words struck-through are deleted. 12/9/16 6:;) r PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M. Portella, Sr. PLS PHONE:238-776.8511 MMUNG ADDRESS: FAX 239-775.6465 2384 Linwood Avenue Ernst:DporleIIa0aol.corn Naples,Florida,34112 APRIL 30,2007 EXHIBIT "A" DESCRIPTION OF A 2.35 FOOT CONSERVATION EASEMENT AT STELLA MARIS TRACT M-1 A PARCEL OF LAND LYING AND BEING IN TRACT M-1, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT M-1, STELLA MARLS, AS RECORDED IN PLAT BOOK 26, PAGES 214;1!714 HE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG = ' :.��''if'}+i:��►• ,:►• TERLY LINE OF SAID TRACT M- 1, RUN S 0019'08" W, A DISTAN•i"%• ' 0.60 F WATERSIDE FACE OF AN EXISTING (1.35 FOOT WIDE) C• 4711.4 SEAWALL; k E WESTERLY. ALONG THE WATERSIDE FACE OF SAID CO I 89' W, A DISTANCE OF 61.78 FEET TO THE • • •F : 1 , ,_c/ � 4. .5 . r , •NSERVATION EASEMENT HEREIN DESCRIBED; THENCE Srrinr 4 : ' 14� I ANCE OF 568.44 FEET TO THE SOUTHWEST CORNER • ! 41111^ ; d• ;._� ; THENCE NORTHERLY, CONTINUING ALONG THE WAT IPZ. : A • - 0 i SEAWALL, N 00'16'22"E, A DISTANCE OF 343.61 FEET To 'OINT THAT 1 S ,w THE PROJECTION OF THE NORTH LINE OF SAID TRA 1, STELLA • •' j4 E EASTERLY, ALONG SAID PROJECTED NORTH UNE OF " • -1, STELLA • • 1 85'49'58" E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 •'44. -• 1 ; • ' E LANDWARD SIDE OF SAID CONCRETE SEAWALL; THENCE SO ' • OEM r , ' . - W, A DISTANCE OF 341.44 FEET; THENCE EASTERLY, N 89'41'15" E. A DIST•N. • 566.09 FEET; THENCE SOUTHERLY, S 00'16'45"W,A DISTANCE OF 2.35 FEET TO THE pOINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 0.05 ACRES, MORE OR LESS. BEARING CONFORM TO THE EAST UNE OF TRACT M-1, STELLA MARIS, BEING S 00'19'08" W, PER PIAT IN PLAT BOOK 26, PAGE 26 AND 27.PUBLIC RECORDS OF COLLIER COUNTY, 1 FLORIDA.