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Backup Documents 05/28/2013 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 2 r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 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. reet et4 VP/ 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 F /110 4. BCC Office Board of County \0.1vc..A Commissioners I 5. Minutes and Records Clerk of Court's Office _ 41a\ ,61I4 113 t2-LtSp 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 John Houldsworth vtcp Phone Number x-5757 Contact/ Department \ Agenda Date Item was May 28,2013 )/ Agenda Item Number 16-A2 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO n ,*.er or . unt nu• .er if documen is to .e 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? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 JH 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 JH 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 jff signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip l\)/c 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 May 28,2013 and all changes made during the meeting have been incorporated in the attached document. The County �,� � ��� Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the t, Chairman's signature. I: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 1 6 A � PepinEmily From: Charles Thomson [cthomson @cyklawfirm.com] Sent: Wednesday, June 05, 2013 1:49 PM To: HouldsworthJohn; PepinEmily Cc: Katrish A. Pugh Subject: RE: Grey Oaks Agreement John, understood. That works for us; please bill our firm's account at the clerk's office. Thanks again. Charles Charles A. B.Thomson, Esq. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 COLEMAN 239.435.3535 (office) YOVA N OV I C H 239.435.1218 (facsimile) KO E S T E R cthomson@cyklawfirm.com www.cvklawfirm.com Both Charles Thomson and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Charles Thomson immediately at cthomson(acyklawfirm.com or call(239)435-3535.Thank you. From: HouldsworthJohn [mailto:johnhouldsworth(acolliergov.net] Sent: Wednesday, June 05, 2013 1:21 PM To: Charles Thomson; PepinEmily Cc: Katrish A. Pugh Subject: RE: Grey Oaks Agreement Normally, once a document is signed by the Chair, it would stay in the County system and go through the normal recording route. John R Houldsworth Senior Site Plans Reviewer 2800 N Horseshoe Drive Naples, FL. 34104 Collier County Growth Management 239-252-5757 From: Charles Thomson [mailto:cthomson©cyklawfirm.com] Sent: Wednesday, June 05, 2013 1:19 PM To: HouldsworthJohn Cc: Katrish A. Pugh Subject: RE: Grey Oaks Agreement John, Thank you for the confirmation of receipt and prompt processing. Upon execution, please have the fully-executed document returned to our office so that we may scan into our system and send to recording. I have the check for recording waiting for receipt of the final document. Thanks again. 16A 21 Charles Charles A. B.Thomson, Esq. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 COLEMAN 239.435.3535 (office) YOVANOVICH 239.435.1218 (facsimile) O EST E cthomson@cyklawfirm.com www.cyklawfirm.com Both Charles Thomson and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Charles Thomson immediately at cthomson@cyklawfirm.com or call(239)435-3535.Thank you. From: HouldsworthJohn [mailto:johnhouldsworth©colliergov.net] Sent: Wednesday, June 05, 2013 12:01 PM To: Charles Thomson Cc: Katrish A. Pugh Subject: Grey Oaks Agreement Charles, I am in receipt of the original Encroachment Agreement. I intend to get this to the County Attorney's office today.There is not a check for recording of the Agreement, should the Clerk utilize an account you may have there? Thank you,John The recording fee at the Clerk's office should be $35.50 for 4 pages. John R Houldsworth Senior Site Plans Reviewer 2800 N Horseshoe Drive Naples, FL. 34104 Collier County Growth Management 239-252-5757 Under Florida Law.e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 i AMENDED AND RESTATED ENCROACHMENT AGREEMENT THIS AMENDED AND RESTATED ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this +i'day of AA CL , 2013 by and between William Henry Verhelle, Jr. and Cyndee Ann Verhelle, husband and wife (collectively, the "Owner"); Grey Oaks Property Owners 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, Owner is the record owner of the fee simple interest in and to that certain parcel of real property located in Collier County, Florida(the"Property"), being more particularly described as: Lot 17, Grey Oaks Unit Nineteen, according to the plat thereof recorded in Plat Book 35, Pages 47 through 48, inclusive, Public Records of Collier County, Florida(the"Plat"); and WHEREAS, pursuant to the Plat, there is a maintenance and drainage easement along the southern boundary of the Property which is twenty feet (20') in width, as well as a drainage easement along the western boundary of the Property which is seven and one-half feet(7.5') in width(collectively,the"Easements"); and WHEREAS, on December 14, 2010, the Association and the County (to whom the Easements are dedicated pursuant to the Plat) entered into that certain Encroachment Agreement with the prior owner of the Property, which Agreement is recorded in Official Records Book 4635, Page 1234, Public Records of Collier County, Florida (the "Original Encroachment Agreement"), to allow the swimming pool improvements and related appurtenances located upon the Property to encroach upon certain areas of the Easements; and WHEREAS, the Original Encroachment Agreement failed to address all existing encroachments of the Residence and its appurtenances upon the areas of the Easements located upon the Property (the "Easement Area") and, consequently, the Owner, Association, and County desire to amend and restate the Original Encroachment Agreement in its entirety by entering into this Agreement. NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Agreement in their entirety. 2. Consent to Encroachment. Attached hereto as Exhibit "A" and incorporated herein by reference is an excerpt of a survey prepared by South Florida Surveying, Inc., dated April 19, 2013 (the"Survey Excerpt"). The County and Association hereby acknowledge and consent to the encroachments of the existing swimming pool deck, retaining walls, brick walks, improvements and related appurtenances within the Easement Area as shown on the Survey Excerpt (collectively, the "Encroachments"). Owner shall not expand or modify the Encroachments into the Easement Area beyond those existing and shown on the Survey Excerpt. 3. Release of County and Association. The Owner agrees for itself and its successors and assigns that it shall,jointly and severally, release and hold the County and Association harmless from and against any and all obligations, claims, liabilities, expenses, and/or fees (including reasonable attorneys' fees and court costs), including personal injury or property damage, arising out of the normal use of the Easement Area by the County and/or the Association, its contractors, agents, employees, or invitees as it pertains to the Encroachments, including, without limitation, damage which may occur to the Encroachments during the County's and/or Association's normal operation, maintenance, repair,and/or replacement of its improvements and/or infrastructure within the Easement Area. Neither, the County nor the Association shall have any responsibility or liability for the cost, repair or replacement of Owner's landscaping or other Owner improvements located within the Easement AMENDED AND RESTATED ENCROACHMENT AGREEMENT PAGE 1 16 A 2 igi Area which may be damaged as a result of the County and/or Association's normal and permitted use of the Easement Area. 4. Termination of Original Encroachment Agreement. This Agreement shall be given full force and effect and shall supersede the Original Encroachment Agreement in its entirety, which is hereby terminated and shall be of no further force or effect. 5. Binding Effect. This Agreement shall be binding upon all the parties hereto and their respective heirs,successors,and assigns forever and shall be a covenant running with the land. 6. Governing Law. This Agreement shall be governed by the laws of the State of Florida. In the event of dispute arising hereunder, venue shall lie exclusively in a court of competent jurisdiction in Collier County, Florida,and in no other venue or forum. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. W '► SSES: ' OWNER: _ �. ."A'_4L' _ /o ALL .Z �.., .1 / Pr'• •• -- 4 A,r. Iv/t it illiam Henry Verhel e,Jr. /I/t 1./_�O,-/��!� LG1�t�a CI& ' nt Name- `'IrteiGl:Wtw±\ . , `, Cy e64 e Ann Verhelle STATE OF FLORIDA COUNTY OF COLLIER T oregoing instrument was acknowledged before me this 3' day of , 2013, b Willi enry VPr lle, Jr. and C dee Ann Verhelle, husband and wife. T are _ -rsonally known or ] produced UVCP as identifcatio. 41i- pk, ∎ *.VP [i��tiigt N' ary Public ��/�/"� _'. ����PNDERSpt��ii�� P • t-. . .see: :ZiORNM`'. �,∎ .t-.• \`Z` g\oN EXpo'•. My C.• mission Expires: c ,1p,20 is Fs'•.is Signatures continue on the following page. AMENDED AND RESTATED ENCROACHMENT AGREEMENT PAGE 2 Exhibit "A" 1 6 A Survey Excerpt <Da .. �o ^ > < 0 U a e � ^W 0 � z co 0yZ 0 UW II 00 F-1 R 2 a ace v p <ce •6:94N, v •d ie U M Qo 2‘ S/ O Y U N ~ J •y O V m m co w O ,h s0 3 °O e` N z \ O W �� .a°z 5 \;+ o Z W r CL a X �, F oyl ° w U > W 0 D „h1 6 •ss ° o a z J NWZ UN C9 O W . Q Q �� I. < Z �� � �► �Z >- * 13 AD 1`� I— Z m < o, yin JU = o � S'Sdd` 89 �� ?:yN W �• Cg- .4 .sy�,; �VV I, CV m Q , <YOY > Z '�_ Cyr O N �JO•4� a000 o •j�^` r_X. Chi u mCo 0 W<WM° •�0\ W "V ON ie Y N Of `O Z Z p, ,r y t O `"W°►-Ow°�a \v wOZOm� 'mt Q°c L N Wa<av011� 4► zaaaaD ar- ao ,i $ 01 • aYZwcer-•y, '3.0 ,q•z •C**Z0Z WLW 58WX—Z ,o 6D ,z �� yy<�� <—�N O 3.90, (/)0 V) 0 R °Cn Z S O WO <W� 60.LN < <�w'0 wQ— of O W>-ocamoo w<cnaO8a <0° Q y o p W wOUZ-W0 ai W <41Z W.. N (/� cJ wDoZ°Mceg 0 Zion ..1D ~ ce i z \ WP < <ONYU� 43 ZZF-UQ*U 2.3" N 'v N c'y� qU Z°QOQO00 ��. ., <<a(xocnD • 22WW'-f)W W00 N iAwoWJw� ! b<x�Z<O F-� O N D00,0_,-U 'co) N WaUOaU w 16A2 6 A _ _. WITNESSES: ASSOCIATION: . . Grey Oaks Property Owners Association, Inc., Prin Na+ e: -• . -s�� a Florida no or-profit co ration r 1 !II -1 ■' i , By: Print Name: .-1 - . . II . S , ` „ Print Na J,, s f t e.i s- .(' Title: rr<sed STATE OF FLORIDA COUNTY OF COLLIER S+ The fore of instrument was acknow dged before me this JJ --day of , 2013,by TAMES otsiU111// vaistbf +v- of Grey s Prope Owners Association, Inc., a Florida 1 q r ( ration, on behalf of the corporation. He/ he is [personally known to me or[}_• •• .••"'••.S ii _ as identification. . -t 0.. . O 029,20 ) Z EA '�J� �� u,•..* Notary Public: d. _*. 2 �•� Printed Name: .7e-AA, T. ARID S #EE 879555 h:o, My Commission xpires: O!s • Zr'. ?O/7 -02,'•46j eonded04#.• 9/ Public∎Wt.'i/ 91 O 8 \\ /,/ ,� "' ^ 111111r �.' •ATTE.ST: COUNTY: �34 Irr..l ►. gtiso CollierC.unt •, ''o .. Print Nanle: L.. ,�:A'. E iii! i! a politica sub i .i en o'the State of Florida Title,° It . [ Attest as to Ch. •:. % ;,.y By: S!g►lature�n Print Nam•• - • • ' . : • - , E sq. pproved as to form and' ke90.Li-i-y Title: Chairwoman• B ': ,rAi i� I l� P Name. 1,4 " a •`• Title-AL if i alltl II MI ik . Amu\DFD A\D RI S IA1 FD EV ROAc}IMF\"(AGREEME\T PAGE 3