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Shared Access Agreement AFTER RECORDING INSTR 6057085 OR 5945 PG 1946 RETURN TO: RECORDED 5/12/2021 10:22 AM PAGES 11 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLEMAN, YOVANOV1CH COLLIER COUNTY FLORIDA &KOESTER, P,A. DOC@.70$0.70 REC $95.00 ATTN:MATTHEW L, GRABINSKI, ESQ. 4001 TAMIAMI TRAIL N.,#300 NAPLES,FL 34103 239-435-3535 SHARED ACCESS AGREEMENT [BCHD PARTNERS I & CROWN] This Shared Access Agreement ("Agreement") is made effective as of this 1� day of nnQ , 2021 ("Effective Date"), by and between BCHD PARTNERS I,LLC,a Florida limited liabili company("BCHD"),and Richard Yovanovich,Trustee("Crown").BCHD and Crown are referred to herein collectively as the"Parties"and individually as a"Party". This Agreement is joined by Collier County,a political subdivision of the State of Florida("County"). RECITALS A. BCHD is the owner and developer of that certain real property located in Collier County, Florida,and described more particularly in those certain deeds recorded in O.R. Book 5243,Page 2746 and O.R. Book 5623,page 3977,all of the public records of Collier County,Florida,which property is depicted on Exhibit"A", attached hereto("BCHD Property"). B. Crown is the contract purchaser of that certain real property located in Collier County, Florida and lying immediatelysouth of the BCHD Property, as more particularlydescribed in Exhibit"B", Y g p �'� attached hereto ("Randall Curve Property"). C. Hereafter, the BCHD Property, and Randall Curve Property are collectively referred to herein as the("Parcels"),and each a("Parcel").The Parties are pursuing individual re-zones of the Parcels and mutually support the re-zones with no objections. D. In conjunction with its re-zone of the BCHD Property, BCHD anticipates receiving permission from Collier County to access and make improvements to the existing traffic signal device and related improvements, including, but not limited to, traffic stacking lanes, pedestrian signals, pedestrian crossing bars, pedestrian crossing signals, curb modifications, mast arms, loops, controllers, electrical service, pavement markings, as may be applicable (collectively, "Access and Traffic Signal Improvements"and sometimes referred to herein as the"Project")to be located at the proposed entrance to the BCHD Property off of Immokalee Road, as generally depicted on the conceptual site plan ("Site Plan")attached hereto as Exhibit"C". E. The parties have agreed that the BCHD property will provide the Randall Curve Property an interconnection that will benefit Crown and access to the traffic signal ("Traffic Signal") and, in consideration thereof, Crown agrees to provide a reciprocal access easement through the Randall Curve Property,as set forth more particularly herein. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA, SHARED ACCESS AGREEMENT PURSUANT TO THE PROVISIONS OF RESOLUTION NO.1,10 301 �� F. The Parties have further agreed that in connection with Crown agreeing to provide the reciprocal access agreement through the Randall Curve Property, BCHD will include the impact that the Randall Curve Property will have on the entrance to the BCHD Property off of Immokalee Road when it prepares and submits its final plans for approval of the Project and the Access and Traffic Signal Improvements to Collier County. NOW,THEREFORE, in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: jI. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Construction of the Access and Traffic Signal improvements. By no later than thirty (30) months after BCHD obtains a re-zone of the BCHD Property with any applicable appeal period having expired without a challenge thereto , BCHD, shall design, permit and through a contractor designated by BCHD, commence and thereafter continuously and diligently pursue construction and installation of the Access and Traffic Signal Improvements depicted on the Site Plan, in accordance with the applicable County and state permits related thereto. All expenses and costs associated with the construction and installation of the Access and Traffic Signal Improvements shall be the sole obligation of BCHD;provided, however,that in the event the construction and installation of the Access and Traffic Signal Improvements have not been completed by the expiration of the Term or if BCHD does not timely commence and reasonably work continuously and diligently to construct and install the Access and Traffic Signal Improvements, then Crown shall have the right, but not the obligation, as Crown's sole and exclusive remedy, to construct and install the Access and Traffic Signal Improvements on behalf of BCHD in accordance with the terms of the final approved Site Plan; and BCHD will cooperate in good faith with Crown for the purpose of obtaining any applicable permits. In the event Crown exercises this right, then BCI-lD shall within forty five(45)business days of receipt of written demand for reimbursement of Crown's costs in connection therewith, deliver payment to Crown. If BCHD fails to timely deliver said payment, then Crown shall be permitted to lien BCHD's property and shall be permitted to charge interest at the rate of ten percent(10%)per annum, compounded annually, until such time as BCHD fully reimburses Crown for the costs of constructing and installing the Access and Traffic Signal Improvements. 3. Agreement to Grant Reciprocal Access for Frontage Road. Attached hereto,for reference purposes, is a conceptual site plan that depicts the relevant portions of the Parcels, including the location of the Traffic Signal (which is proposed at the entrance to the BCHD Property from Immokalee Rd (directly is opposite Orange Tree Blvd.). The Site Plan also depicts the approximate route and location of an interior frontage access road (shaded in grey on the Site Plan) that will be constructed by BCHD and Crown on their respective parcels (the "Shared Access Road"), with such access road connecting at the common boundary of the Parcels in the general location as depicted on the Site Plan(the"Connection Point"). The exact location of the Connection Point of such access road will be determined at such time as BCHD obtains the initial site plan and/or plat approval for any portion of the BCHD Property. BCHD and Crown will make their best efforts to coordinate the Connection Point and share site plans as they are submitted for approval. a. At such time as the exact route and location of that portion of the Shared Access Road located on the BCHD Property is determined, BCHD and Crown(or the County, if the County is still the fee simple owner of the Randall Curve Property)will enter into a reciprocal access easement("REA"), whereby: i. BCHD grants to Crown(for the perpetual benefit of the Randall Curve Property), a non-exclusive perpetual access easement enabling pedestrian and vehicular SHARED ACCESS AGREEMENT ingress and egress to and from the Randall Curve Property,through the Connection Point,over the Shared Access Road located on the BCHD Property and out to the Traffic Signal; ii. Crown/County grants to BCHD(for the perpetual benefit of the BCHD Property), a non-exclusive perpetual access easement enabling pedestrian and vehicular ingress and egress to and from the BCHD Property,through the Connection Point, over the Shared Access Road to be located on the Randall Curve Property and out to Immokalee Rd. from the Randall Curve Property. The exact location and configuration of the Shared Access Road on the Randall Curve Property will be determined at the time Crown seeks a plat for the Randall Curve Property. b. The REA shall be in recordable form and shall run with title to the Parcels. The REA shall provide that unless otherwise agreed, the owner of the BCHD Property and the owner of the Randall Curve Property shall be responsible for designing, permitting, constructing and maintaining that portion of the Shared Access Road located on such owner's Parcel (but such responsibilities may be delegated to a property owners association):; provided, however, that the REA shall authorize BCHD to enter the Randall Curve Property, and Crown to enter the BCHD Property to make emergency repairs to the Shared Access Road in the event of an emergency which would cause irreparable harm, injury, or damage to either Parcel, or both Parcels, if such party failed to take emergency action with regard to such emergency. The REA shall also provide that if either Party acquires additional lands adjacent to such Party's property, that such Party shall have the right to have such additional lands incorporated into and benefited by the REA. Finally,the REA shall provide that parking of vehicles on the Shared Access Road is not permitted. • c. BCHD and CROWN shall each be responsible for obtaining the joinder and consent to the REA of any lender holding a mortgage on their respective Parcels. 4. Notices. All notices, demands, requests, and other communications required hereunder shall be in writing.All such notices,demands,requests and other communications(and copies thereof)shall be deemed to be delivered: (a) if sent electronic mail or other electronic transmission (however, facsimile is not a valid method for delivery of such notices), upon receipt of the same (but only so long as a copy of the notice is also sent by another method provided for in this Section); (b) if sent by a reputable nationally recognized overnight courier with confirmation of delivery, with request for next business day delivery, upon receipt of same or refusal of delivery as evidenced by the business records of such courier; or(d) if sent by United States mail,registered or certified,return receipt requested,postage prepaid, upon receipt or refusal of the same,as evidenced on the return receipt,addressed as follows(or to such other address as the Parties may specify by notice given pursuant to this Section): If to BCHD: BCHD Partners 1, LLC c/o Barron Collier Companies Attn: David Genson 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239-262-2600 Fax: 239-262-1840 Email: dgenson@abarroncollier.com With a copy to: Matthew L. Grabinski, Esq. SHARED ACCESS AGREEMENT is Coleman, Yovanovich& Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, Florida 34013 Phone: 239-435-3535 Fax: 239-435-1218 Email: mgrabinski@cyklawfirm.com If to Crown: Richard Yovanovich, Trustee Coleman, Yovanovich& Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, Florida 34013 Phone: (239)435-1218 Email: ryovanovich@cyklawfirm.com With a copy to: T. Quincy Jones SageStone Partners, LLC 5775 Glenridge Drive, Bldg. B, Suite 120 Sandy Springs, Georgia 30328 Phone: (770)712-5586 Email: qj@sagestonepartners.com 5. Estoppel. Within thirty(30)days after the written request of either Party,but not more than three (3) times per calendar year, the other, non-requesting Party shall deliver an estoppel letter ("Estoppel")to the requesting Party stating: (i)whether any amounts hereunder are owed(or claimed to be owed) by the requesting Party through the effective date of the Estoppel and, if so, stating the amounts owed (or claimed to be owed) and the purposes therefor; and (ii) whether the requesting Party is in compliance with the terms and conditions of this Agreement and, if not, identifying the alleged defaults or breaches of the requesting Party. The Estoppel shall be delivered by the non-requesting Party to the requesting Party pursuant to the notice procedures set forth herein. In the event the non-requesting Party fails or refuses to timely provide the Estoppel as set forth herein,the non-requesting Party shall be deemed to have waived its rights to any amounts owed and with respect to any claims under this Agreement which accrued prior to the date on which the Estoppel was requested.Notwithstanding the foregoing, in no event shall a non-requesting Party be deemed to have waived its rights to certain amounts owed if the non- requesting Party has not received a final invoice for such amounts, or alternatively, if such amounts owed have not otherwise been set or finalized, on or before the effective date of the Estoppel or the request for Estoppel,as applicable. 6. Binding Effect;Covenant Running with the Land.This Agreement shall inure to the benefit of the Parties and their successors in title. No prior or present agreements regarding the subject matter hereof shall be binding upon any of the Parties unless expressly incorporated in this Agreement. No modification or changes in this Agreement shall be valid or binding upon the Parties unless in writing and executed by both Parties. Time is of the essence with respect to this Agreement and the obligations to be performed hereunder. 7. Authority to Bind. The officers,managers and representatives of BCHD and Crown hereby warrant, represent and confirm each to the other that they are fully authorized to negotiate, approve and bind their respective entity to the terms and conditions of this Agreement. Further, the Parties represent to the other that no other person or entity holds any interest to their respective Parcels where the Shared Access SHARED ACCESS AGREEMENT FJ Road is anticipated to be located which would prevent the Shared Access Drive from being constructed on the Parcels in the areas shown on Exhibit "C". The Parties further agree that during the term of this Agreement,and until the Shared Access Drive is constructed and the REA entered,that they shall not grant any rights to any person or entity over their respective Parcels that would prevent the Shared Access Drive from being constructed on the Parcels in the areas shown on Exhibit"C" 8. Entire Agreement. This Agreement contains the entire agreement between the Parties relating to the subject matter hereof. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by BCHD and Crown or their respective successors or assigns. 9. Time being of the essence of this Agreement. Time is of the essence with regards to this Agreement. j 10. Severability and Waiver. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, that provision shall be deleted from this Agreement without affecting, in any respect whatsoever, the validity of the remainder of this Agreement. No waiver of any provisions of this Agreement shall be binding, unless executed in writing by the Party making the waiver.No waiver of any of the provisions of this Agreement shall be deemed or inferred from the Parties' conduct or for any other reason, nor shall any waiver of a provision constitute a waiver of any other provisions, whether or not similar.No waiver of any provision of this Agreement shall constitute a continuing waiver. 11. Further Assurances. Without additional consideration, the Parties will sign,acknowledge, and deliver any other documents and take any other action necessary or appropriate, and reasonably t requested by the other,to carry out the intent and purpose of this Agreement and support the re-zone of the Parcels with no objections. 12. Governing Law; Venue. This Agreement shall be construed under the laws of the State of Florida. The exclusive jurisdiction and venue for any disputes under this Agreement shall be in the Circuit Court of Collier County, Florida. 13. Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so herein or by separate written instrument signed by the party to be charged. 14. Term. This Agreement shall automatically expire and terminate upon the last to occur of (a)the execution and recording of the REA,and(b)one(1)year following the lien free completion of the work contemplated by this Agreement. Upon the occurrence of the last of the foregoing conditions, BCHD and Crown shall, upon the demand of either Party,execute and record an instrument for the purpose of terminating this Agreement of Record. SHARED ACCESS AGREEMENT C ,(C In witness whereof, the Parties have executed this Agreement as of the Effective Date. BCHD Partners I, LLC a Florida limited liability company By: Creekside West, Inc., a Florida corporation Its: Manager By: Barron Collier Management,LLC, a Florida limite pia 'lity c ny Its: Authorize ge t By: Print Name: David Genson, Senior Vice President fea ,6o I � Print N me: igAy > O STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me V. in person or by online notary on this 2"3 day of AtioR JL , 2021,by David Genson,as Senior Vice President of Barron Collier Management, LLC, a Florida limited liability company,Authorized Agent of Creekside West, Inc., a Florida corporation,Manager of BCHD Partners I, LLC,a Florida limited liability company,on behalf of the corporation and companies. He is personally known to me. [Notary Seal] ►��—� /— Signature of Notary =otis�oky•,, SABINAE.HARDY Si-}rr3I MY COMMISSION#GG 287225 Printed Name of Notary r P •.��.c`,• EXPIRES:January 14,2023 •te•....• . p�4• Bonded Thru Notary Public Underwriters LI zc Z3 Commission Expires: I li SHARED ACCESS AGREEMENT (I) \--1/0A ( o —_� _I � Yl Print Name: 14 A--iv HEW &RAB 110SK I Richard Yovanovich, Trustee Print Name: Maureen Sullivan 1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me P4--- in person or by online no . ' , ' . : day of Apr-iC , 2021, by Richard Yovanovich, as Trustee. He is p- nally known to i [Notary Seal] --Nkt--WV--Jil Signature of Notary . .,! ' MAUREEN SULLIVAN Maureen Sullivan ' MY COMMISSION#GG 961998 Printed Name of Notary :;,.' ,14 EXPIRES:June 24,2024 '•''�PP,F`°••' Bonded ThN Notary Public Underwriters Commission Expires: 67-2(712,0 Zy BOARD OF COU TY COMMISSIONERS OF %6T REC OiQ£D COLLIER COU Y R1DA a ca By: Print Name: Print Name: _ Title: CXoiC Print Name: Attest: Approved as to form and legality: Crystal I . Kiniel;Clerk b ; OWAA. - . 40 C.,. %C.I.T.A)\---- z_______. ehuty 1 rk as to III11dC1'S Jennifer A. Belpedio \56 \ signature only. `' tk��' Assistant County Attorney SHARED ACCESS AGREEMENT STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me in p on or by online notary on this day of ,2021, by ,as of the oard of County Commissioners of Collier County Florida,on behalf of the board and Collier Coun He/she is personally known to me or produced as identification. [Notary Seal] Signature of Notary Printed Name of Notaiy 91� Commission Expires: 1 DEVELOPMENT AND COST SHARING AGREEMENT ((^�'� 1 EXHIBIT"A" BCHD Property Parcel I:The North 180 feet of Tract No.116,GOLDEN GATE ESTATES,Unit No.22,according to the plat thereof recorded in Plat Book 7,Pages 83-84,of the Public Records of Collier County,Florida. Parcel 2:Tract 118,GOLDEN GATE ESTATES,Unit No.22,according to the plat thereof recorded in Plat Book 7,Pages 83-84,of the Public Records of Collier County,Florida,LESS that portion taken for road right of way pursuant to Order of 'faking recorded in O.R. Book 311 I, Page 500,of the Public Records of Collier County,Florida,more particularly described as follows:A Portion of Tract 118,GOLDEN GATE ESTATES,Unit No.22,according to the plat thereof as recorded in Plat Book 7,Page 84,of the Public Records of Collier County,Florida,being more particularly described as follows:Beginning at the Northeasterly corner of said Tract 118;thence South 01°30'15"East,for a distance of 172.46 feet to a point on a circular curve,concave Westerly,whose radius point bears South 88°32'50" West,a distance of 2,814.93 feet therefrom;thence run Southerly, along the arc of said curve to the right, having a radius of 2,814.93 feet, through a central angle of 03°12'32", subtended by a chord of 157.83 feet at a bearing of South 00°09'06"West,for an arc length of 157.65 feet to the end of said curve, and the Southeasterly cornet ol'said'Tract 118; thence North 89°4(l'50" West, along the Southerly Boundary of said Tract 118, for a distance of 50.10 feet to a point on a circular curve, concave Westerly, whose radius point bears North 87°51'02"West,a distance of 2,769,79 feet therefrom;thence run Northerly,along the arc of said curve to the left,having a radius of 2,769.79 feet, through a central angle of 03°38'39", subtended by a chord of 176.14 feet at a bearing of North 00'19'38"East,for an arc length of 176.17 feet to the end of said curve;thence North 01°30'I5"West,for a distance of 153.94 feet;thence South 89°40'50"East,along the Northerly Boundary of said Tract 118,for a distance of 49.00 feet,to the POINT OF BEGINNING. Parcel 3: All of Tract 119,GOLDEN GATE ESTATES,Unit No.22,according to the plat thereof recorded in Plat Book 7, Pages 83-84,of the Public Records of Collier County,Florida,LESS the Easterly 49.00 feet taken for road right of way pursuant to Order of Taking recorded in O.R.Book 3111,Page 500,of the Public Records of Collier County,Florida. And Trace 120, Golden Gate Estates, Unit 22, according to the plat thereof recorded in Plat Book 7, page 84, of the public records of Collier County, Florida. • • • I'. (I; is DEVELOPMENT AND COST SIIARING AGREEMENT EXHIBIT"B" Randall Curve Property All of Tract "A", Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat 13ook 7, Pages 83 and 84 or the Public Records of Collier County, Florida, LESS AND EXCEPT that portion conveyed by Statutory Deed and recorded in O.R. Book 4079, Page 1358. SHARED ACCESS AGREEMENT III I Exhibit"C" Conceptual Site Plan i LFN:CLtA AtecuRE'TA • I IE,ESTATES :ITTTcV.lwt• ,I I 1 1 •NO+torxcwm•AY LNDEVELOPED 1 3 —!Y lKIE TYPE 8lAIIDSCAPE SUFFER ! I ' 1 I TTA/+n, t.lyOT? I 1 F I TOM r— 4��.� •W,DSt>E'li `:•.•.'.' I f I.iu�cstse lumA I, htA4dAY..,.• l RESsEENTIR. II '.ARESERVE'•'• II I�, •.I•,�.#...IYIf•wNteITOR I II-NA91 g —_ II C gr'XtrAol HMulD W4%uf RVITFA �� �~ I OA.lotL 11H 1.Ol ill. • I •I I I fti,17. IRMAGxri�N if. /J /j td !WRIT t I r ^_/ __! goo. I OMNDEIREE BLVD. WOE W9.CAN ISYNE TYPEVLA ACAPEOUFFER I EwrN Ii -- 1 - I II• •, • nFE Noun! I �: I` �f''I6'ArtuswF..D. I -" FROLICS.PAO{PPC u,D rF E.E87ATE9 "1 l I 0 A.NOV MI.NOF VI I l RFSIENTI L , C .:I C I ( 4 I: IA I YROu d....IAA, I waIel tort I I 11!,I I' I :4roa Tr•t /I F'NEACONVecra • ul a TEA UK 1 t1 1 } I I i I: I V t _ EGENO �FVrKR PER LOC Al I WE r SOP' i EE DEVIATION *ESTATES 1 I LECERELOPEO PROPOSED IOW PL.OIPDDDEYA) I fe COMMERCIAL I I SCALE:I'A 200 I1/110EdAARSOE .•7........ 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