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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.