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Backup Documents 10/27/2009 Item #16B 4 rr: " IO~. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP (1-4tYJ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUI1EL. B 4 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board O~~e completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 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 #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in roulin!! order) -h b :h ./ 4-0 5. SHe Filssn, Executive Manager Board of County Commissioners FA-- lohe;ldJ I~N M I Tc.f{E:L..L ./"" 6. Minutes and Records Clerk of Courts Office-needs to be recorded 325-172940-51101 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.' Name of Primary Staff Shane Cox Phone Number 239-252-8192 Contact Agenda Date Item was 10/27/09 Agenda Item Number 16B4 ADDroved bv the BCC Type of Document Agreement Amendment Number of Original I Attached Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A(Not aDorooriate. (Initial) ADDlicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and Dossibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other narties excent the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final neQotiated contract date whichever is annlicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sip-nature and initials are reouired, 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bce's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC on and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan"es, if aODlicable. INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03.04 lQB4 Prepared by/Return to. Michael E. Botos, P,A. Edwards Angell Palmer & Dodge LLP One North Clematis Street, Suite 400 West Palm Beach, FL 33401 INSTR 4359721 OR 4506 PG 3172 RECORDED 11/5/20092:23 PM PAGES 5 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44.00 . THIRD AMENDMENT TO OCTOBER 14,2003 COMPANION AGREEMENT REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS THIRD AMENDMENT is made and entered into this z.., day of ~tcloer _,2009 by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer") and CDC Land Investments, Inc., a Florida corporation, formerly known as Collier Development Corporation, a Florida corporation (hereinafter referred to as "CDC"), which, along with their respective successors and assigns, may be jointly referred to as "CDC/Developer." and the Board of County Commissioners of Collier County, Florida, as governing body of Collier County (hereinafter referred to as "County"). RECITALS: WHEREAS, the parties entered into that certain Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002 and recorded in Official Records Book 3138, Page 2357 of the Public Records of Collier County, Florida (hereinafter the "Contribution Agreement"); and WHEREAS, the parties entered into that certain Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements dated October 14,2003 and recorded in Official Records Book 3424, Page 337 of the Public Records of Collier County, Florida (hereinafter the "Companion Agreement"), as amended by that certain Amendment to the October 14, 2003 Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements dated March 27, 2007 and recorded in Official Records Book 4218, Page 1451 of the Public Records of Collier County, Florida (hereinafter the "First Amendment to Companion Agreement"). and by that certain First Amendment to October 22. 2002 Standard Form Collier County Contribution Agreement for Road Impact Fee Credits and Second Amendment to October 14, 2003 Companion Agreement Regarding the Lely Area Surface Water ,Drainage Improvements dated April 22, 2008 and recorded in Official Record Book 4356, Page 174 of the Public Records of Collier County, Florida (hereinafter the "Second Amendment to Companion Agreement"); and WHEREAS, paragraph 13 of the Companion Agreement allow for amendment or modification upon the mutual written consent of the parties or their successors in interest; and WHEREAS, Developer and County have agreed to amend the Companion Agreement, as amended, as provided herein. WITNESSETH: NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration previously exchanged between the parties, and in consideration of the covenants contained herein, the parties agree as follows: PMB 379005.3 1684 I. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Paragraph 8C of the Companion Agreement, as amended by the Second Amendment to the Companion Agreement, is amended in its entirety as follows: CDClDeveloper shall dedicate and convey to the County a drainage easement for approximately 12.3 acres of land for the spreader lake and canal improvements. A graphic rendering of this area is shown as "Lely Manor Canal (Per LASIP Design)," attached as Exhibit 5 to the Second Amendment to Companion Agreement. The spreader lake is approximately 9.68 acres, and the canal improvements are approximately 2.52 acres. With respect to the spreader lake, Coli ier County shall pay CDC/Developer the appraised fair market value of a drainage easement over these 9.68 acres, and the appraised valuation shall be determined as of October 23. 2002, when the County and CDC/Developer entered into the Contribution Agreement. with the valuation based on pre-PUD Agricultural zoning. With respect to the canal improvements, CDC/Developer shall dedicate and convey to the County by easement a strip of land 35 feet wide of CDC/Developer's land along the Lely Manor Canal. Of the 35 foot wide strip of land, 15 feet is required for the canal and 20 feet is needed for the County's maintenance of the Lely Manor Canal. Collier County shall pay CDC/Developer the appraised fair market value of the Manor Canal maintenance easements for that 2.52 acre strip, and the land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRIIPUD land. 3. Paragraph 8D of the Companion Agreement is amended as follows: The County shall reimburse CDC/Developer for the easements over the land dedicated to the County for the Lely Manor Canal dedications within three (3) years of the date that the land is dedicated by CDC/Developer. All easement dedications referenced herein shall be conveyed to the County after receipt of all necessary permits and within thirty (30) days of written request by the County. 4. Paragraph] 2 of the Companion Agreement, as amended by the Second Amendment to the Companion Agreement, is amended in its entirety and replaced with the following revised Paragraph 12: 12. All conveyances set forth herein shall be in fee simple to the County by warranty deed except as may be specifically provided herein. such as but not limited to the Lely Canal, Lely Manor Canal and Avalon School Outfall Canal as described in Paragraphs 5, 7 and 8, which shall be by grant of easement. With respect to such conveyances and easements, the County shall be responsible for paying the costs of any title work and searches, and CDC/Developer shall be responsible at its costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. 5. Except as modified herein, the remaining provisions in the Contribution Agreement, Companion Agreement, First Amendment to Companion Agreement and Second Amendment to Companion Agreement shall remain in full force and effect. 6. If there is any conflict between this Amendment and the Contribution Agreement, the Companion Agreement, the First Amendment to Companion Agreement or the Second Amendment to Companion Agreement, the provisions of this Third Amendment shall prevail. PMB 379005.3 Page 2 of 4 1684 f'- DONE AND ORDERED this.;L 7 day of Oc-k'k...v- ,2009 NAME: BOARD OF COUNTY COMMISSIONERS ::LLIEIf=LO]~ NAME Donna Fl.ala CHAIRMAN APPROVED AS TO FORM AND L~UFFL~ NAME: t LL ASSISTANT COUNTY ATTORNEY D(;p-'\y ATTEST DWIGHT E,8RR~;GL.ERK .' ,1;)'11 ~(7/'." . ~">' ...... .. . . BY .. .-' .' -' " . ," ".-. ~ . .' , -;~ : Alt.a( ..i ; ~: ; "f. ...~... >h,,'~, '1 ,..t\i i . . ~. , ' . . ,,;: . . ~.;'....r." j '...... \!,,-., ., (;).', .."'....;. -'~-" {,' ;"-, "". (} '... .,.. .:::: .,' . ". ~o ........ 11'- ,0' .... a~~Ge' t .... " " .... . Ilam# I (p~<-I: ~:da ~ ~:d ll---2.-oq M Deputy Clerk PMB 379005.3 Page 3 of 4 1684 WITNESSES: u~Q COLLIER LAND DEVELOPMENT, INC. (Signature) ~ 1hiC't<ii2 Pt ~ (Print full name) C' A ____. (~t;;) -..- ~ (~Ar;:,h~Y\ Sc,P\\..-l'-.uYL (Print full name) BY:_P~ 2 Uk Print Name: fA,{~i.u<:- L. 0nB'€.. Title: \lICe p(2;C~,;e"'\ STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me this ~02--1ay of ~e.......I.....,.., 2009 by :Pa.o\..:c..l&. L. lA-t\:;e...... , the ~"'. P........I_ _ tofCollier Land Development Inc. ..U.......N................................. i .DEBORAH A. BROWN i :: Conmt 00IJA""1S1 i . . !' . Expktte 1011812012 i . . :: FIortdI Notary ~..Inc :: "'""'''~''~'' \ .r'......"~"'u.n.................; WITNESSES: UcJLQ-' CDC LAND INVESTMENTS. INC. (Signature) ~~~ (Print full name) ~, c:.7 ~ /~ (S ignature) By: Print Name: \2..~0lX \). Cv~.:~ Title: \kGE PILe>" D 2t-'"\' C-hr,:>hcv..-.. -O:-~f lI.....IL.....,-r<""- (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me thisOl~~ay of ~ f~L_' 2009 by ""Rolae.rA- "'J:>. ~~~..... , the'lllt.t. ~.,.A- .1:;;f CDC Land Investments, Inc. )I.. . GA. .................................0_] A\\' ~.". . . (~ : llEBORAHA.BROWN ~~:~y~I~CI~~~a=~fFlorA . ~W-I\J '.' ==~8 Certificate No. 'D)) 61 .:l ~c...1 Dr : My Commission Expires: (t:. {...t..1...-I ~,o i.....~".".u..u~.~~~J' PMB 379005.3 Page 4 of 4 I ;~: 1 :i \~ !~ I [ Q 'I~ (~l I s 1~ + ii' ;s I ~ ~ I 121' -I ... ... I ~ " ... I I ?i .... 11111 ~ ~ i III I I \I 1'1 t ....... . ~ ....... ~ ~ ..... c:::> .. ~ n Po. 0 '-0 ~ ....... Or- iTl ....., ~,., :0 - ,.':( .... ,., z . - f9'1~ -4 r:>c:: Xz M 0 ~o :g ~::o ::0 ... u; M VI i ~ I ~ I ~ Ip ~ ':! I -~ h .1 ~ - ~ u ,. U I II -.---'"---.- _.~- 84 \ ~ ~ i = ~ .. If ~ ~ ~ ~. " ~ !( ~ " ~I~: 3+M ~~I N IlI_II&!,