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Backup Documents 12/12/2017 Item #11F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 F THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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. **NEW** ROUTING SLIP 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 ]'i?►K VIV5/ tZAZ-An 4. BCC Office Board of County et .V Commissioners 5. Minutes and Records Clerk of Court's Office S^PrA 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 SUE JIM ZIMMERMAN Phone Number 252-2622 Contact/ Department Agenda Date Item was December 12,2017 Agenda Item Number 4276(Cat 11 Approved by the BCC ` k—F Type of Document AGREEMENT FOR SALE AND Number of Original 1 Attached PURCHASE Documents Attached PO number or account number if document is to be 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? SJZ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 SJZ 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 SJZ 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 SJZ 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 SJZ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 December 12,2017 (enter date)and all SJZ c E 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 th; Z'A icbtAt BCC,all changes directed by the BCC have been made,and the document is ready fo r, Chairman's signature. Neek 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 1 F MEMORANDUM Date: January 2, 2018 To: Sue Zimmerman, Planner Utilities Finance Operations From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Agreement for Sale & Purchase w/CG II, LLC for Future Sports Complex Attached is a copy of the document as referenced above (Item #11F) approved by the Board of County Commissioners on Tuesday, December 12, 2017. The original will be kept by the Board's Minutes and Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1 1 F AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between CG II, LLC, a Florida limited liability company, (hereinafter referred to as "Seller"), whose mailing address is 121 S. Main Street, Suite 500, Akron, OH 44308 and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"),whose mailing address is 3335 Tamiami Trail East, Naples, FL 34112. RECITALS WHEREAS, Seller is the owner of that certain real property (hereinafter referred to as "Parcel A"), located in Collier County, State of Florida, and being ± 61 acres and more particularly described in Exhibit"A", attached hereto and made a part hereof by reference; and WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Parcel B"), located in Collier County, State of Florida, and being ±5.5 acres and more particularly described in Exhibit "B", attached hereto and made a part hereof by reference; and WHEREAS, Seller represents and warrants and Purchaser acknowledges that real property is affected by Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development, as amended (the "City Gate PUD") and (2) Development Order 88-02, as amended (the "DRI Development Order"), which approved a Development of Regional Impact ("DRI") known as Citygate Commerce Park Development Order; and WHEREAS, Seller has applied for approval of Plans and Plat ("PPL") (PL20170002331) to plat Parcel A as platted Lots 5, 6 and 7, respectively ("Platted Lots"), and to plat Parcel B as Lot 8, as part of the Plat of City Gate Commerce Center, Phase Three ("Plat"); and WHEREAS, Purchaser is desirous of purchasing Parcel A, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements; and WHEREAS, Purchaser is desirous of leasing and optioning Parcel B, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such lease and to such option, conditions and agreements; and WHEREAS, Purchaser desires to develop the Parcel A for national/regional caliber sports complex, with multipurpose playing fields, a "championship" amateur stadium, and a fieldhouse/event center and to improve Parcel B as grass parking ("Purchaser's Intended Use"); and WHEREAS, City Gate PUD zoning lists recreational use as a "permitted use" within the PUD property, including Parcel A. Notwithstanding, to assure appropriate zoning, Seller 11F has, for the benefit of both Seller and Purchaser, made application for and is diligently processing an amendment of the City Gate PUD ("PUDA") (PL20170002330),which, inter alia,will clearly confirm and determine that the Purchaser's Intended Use is allowed, show Parcel A in the PUD Master Plan, and clarify developments standards for Purchaser's Intended Use; and WHEREAS, for the benefit of both the Seller and Purchaser, Seller has made application to the County and the SWFRPC to amend, inter alia, the City Gate DRI Development Order ("NOPC/DOA") (ADA-09-1987-052 and PL20170002634), including the DRI Master Plan consistent with the Developer Agreement, recorded in Official Record Book 4517, Pages 640-704, as amended, First Amendment to Developer Agreement recorded in Official Record 5168, Pages 3989 of the Public Records of Collier County, Florida and this Agreement; and WHEREAS, for the benefit of both the Seller and Purchaser, Seller has made application to the South Florida Water Management District to modify the Environmental Resource Permit (No. 11-01863-P) ("ERP Modification") issued to the City Gate PUD project; and WHEREAS, the specific terms, conditions and details regarding the permitting, construction and operation of the storm water management system for the City Gate PUD and the Sports Complex Properties were integral to the final determination of the Purchase Price of the Sports Complex Property and the lease terms, including the option price, of the Leased Parcel; and WHEREAS, to have an economical and proximate source of fill material and to extend its planned multi-purpose pathway/track into the Lake / Recreational Tract, the County will dig, excavate, mine, extract, and remove from the master lake such materials, as permitted, and use the excavated materials on the Sports Complex Properties; and WHEREAS,to obtain more favorable terms and to have a second entrance to the Sports Complex Properties for optimum traffic volume and to loop the water and sewer facilities for best use, Purchaser will construct the extension of City Gate Boulevard South; and WHEREAS, the parties acknowledge the previously issued Determination of Vested Rights for City Gate PUD / DRI ("Vested Rights Determination") and the parties agree that nothing herein shall diminish the Vested Rights Determination or create additional developer commitments, conditions or obligations; and WHEREAS, the parties agree and intend for the Purchaser to receive the rights and benefits of the Vested Rights Determination with the transfer of title of Sports Complex Properties; and WHEREAS, for reference purposes in this Agreement, Parcel A or Platted Lots shall be referred to as the Sports Complex Property, Parcel B shall be referred to as the Lease Property, and collectively the Sports Complex Property and Leased Property shall be referred to as the Sports Complex Properties. 1 1 F NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. II. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Sports Complex Property, described in Exhibit "A". 1.02 Seller shall lease to Purchaser and Purchaser shall lease from Seller the Lease Property, described in Exhibit "B"for grass parking. The cost shall be One Dollar ($1.00) per year, triple net, with the Purchaser being responsible for improving the property as grass parking. The term shall be for three (3) years, commencing at the time of closing. During the first lease year, the Purchaser will have the right to exercise an option to purchase the property described in Exhibit "B"for TWO HUNDRED THOUSAND DOLLARS $200,000.00 (U.S. Currency) per acre, with sixty (60) days from the date of exercise to close. At the termination of the lease, Seller will reimburse Purchaser for improvements placed on the property by Purchaser. A Lease Agreement between the parties providing the agreed specific terms and conditions is attached hereto as Exhibit"C". II. PAYMENT OF TOTAL PURCHASE PRICE 2.01 The total purchase price for the Sports Complex Property shall be its fair market value on the date of closing, as set forth herein(the"Total Purchase Price"). The Total Purchase Price will consist in part of cash paid, at closing, by Purchaser to Seller and the balance in the form of a constructive donation, made at closing, by Seller to Purchaser. 2.02 The cash portion of the Total Purchase Price for the Sports Complex Property will be TWELVE MILLION DOLLARS ($12,000,000.00) (U.S. Currency), subject only to the prorations and adjustments as otherwise provided in this Agreement, payable by Purchaser to Seller at time of closing in three (3) separate simultaneous closings, prorated by acreage, of the platted lots comprising the Sports Complex Property. 2.03 Seller and Purchaser have agreed and acknowledge that the fair market value of the Sports Complex Property, the amount of constructive donation and documentation of the donation are as set forth in Exhibit "D" attached hereto and incorporated by reference herein. The Purchaser shall execute all documents reasonably requested by Seller to effectuate the donation. The constructive donation referenced herein is conditioned upon and shall be solely evidenced and consummated by Purchaser's purchase of Parcel A as provided for herein, and ey/ 1 1 F Seller shall be under no obligation to make any other donation to Purchaser, regardless of form. Ili. CLOSING 3.01 The Closing (The "Closing Date", "Date of Closing", or "Closing") of the transaction shall be held on or before February 23, 2018, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3335 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Lots comprising the Sports Complex Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments; (b) Such other easements, restrictions or conditions of record as set forth herein; and (c) Zoning. 3.0112 A Combined Purchaser-Seller closing statement, as well as closing statements for each lot. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A wire transfer in an amount equal to the Cash Portion, subject to adjustment for prorations as set forth herein and as stated on the closing statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Lots comprising 1 1 F the Sports Complex Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Cash Portion to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 At Closing, Seller and Purchaser shall pay as follows: 3.021 Each party shall be responsible for payment of its own attorney's fees. 3.022 Seller shall pay all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Lots comprising the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.023 Purchaser shall pay for the cost of recording the Warranty Deed and reimbursement of the agreed amount of application fees and. 1/2 of the other related costs, including, but not limited to engineering and planning services, advanced by Seller for the PUDA, NOPC/DOA, DCA, PPL and ERP Modification as set forth in Exhibit"E" attached hereto and incorporated herein. 3.024 Seller shall pay all real property taxes accrued with respect to the Sports Complex Property through the Closing Date in accordance with Florida Statute 196.295. Real property taxes shall be calculated based on the prior year's assessment and millage rates on the parent tract but applied only to the amount of land in the Property. 3.03 The Seller's and Purchaser's obligation to Close ("Closing Conditions") shall be conditioned upon: 3.031 Purchaser obtaining Bond Validation for the contemplated Sports Complex; 3.032 Board of County Commissioners' approval of and recording of the Plat; 3.033 Board of County Commissioners' approval of the PUDA; 3.034 Board of County Commissioners' and SWFRPC approval of the NOPC/DOA; 3.035 Board of County Commissioners' approval of the DCA Amendment; 3.036 SFWMD approval of the ERP Modification; 3.037 Fully completed IRS Form 8283 in accordance with paragraph 2.03 and Exhibit"D" hereto; 1 1 F 3.038 Seller and Purchaser agree that Closing shall be completed within five (5) days of the satisfaction of the above Closing Conditions. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within forty-five (45) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. Those matters affecting title to the Property which are set forth on Exhibit"F"attached hereto and made a part hereof are approved by Purchaser (hereinafter referred to as"Approved Exceptions"). 4.012 If Purchaser shall fail to advise the Seiler in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Within thirty (30) days of the execution of the Agreement, the Seller, at its expense, shall cause to be delivered to the Purchaser, an ALTA survey of the Sports Complex Property, current within thirty (30) days (showing the Sports Complex Property is subject to a Plat to be recorded), reflecting boundaries, improvements, including any underground and easements, but without topographical or tree locations. If Purchaser desires to have. topographical information or trees located on the survey, Purchaser shall notify Seller of same within fifteen (15) days after the Effective Date, and Purchaser shall pay, upon surveyor's invoice, any additional costs for such. At the time of Closing, the ALTA Survey will be updated to provide a total acreage for each Ot/ 1 1 F Platted Lot and the Sports Complex Property, the Purchase Price and Cash Portion will be adjusted based upon Two Hundred Thousand Dollars ($200,000.00) per acres for any change from 61.00 acres to the Property's determined acreage. Purchaser shall have the option, at its own expense, to obtain its own subsequent survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL 5.01 Purchaser has obtained the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. VI. INSPECTION PERIOD 6.01 Purchaser shall have sixty (60) days from the date of this Agreement ("Inspection Period") to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Properties can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Properties. 3. The Properties are in compliance with all applicable State and Federal environmental laws and the Properties are free from any pollution or contamination. 4. The Properties can be utilized for Purchaser's Intended Use. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies, or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser. 6.03 Purchaser and its agents, employees, and servants shall, at their own risk and expense, have the right to go upon the Properties for the purpose of surveying and conducting site analyses, soil borings, and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Properties. 1 1 F 6.04 This Agreement and the Exhibits thereto substantially set forth the terms and conditions representative of this transaction. However, during or as a result of due diligence, there may be minor modifications required, including modifying the closing date. It is acknowledged that non-substantive changes or modifications can be made upon the review and approval from the County Attorney's Office and the County Manager and acknowledged in writing by the parties. Any substantive changes to the terms and conditions of this transaction, as determined by the County Attorney's Office, will require further Board of County Commissioners' approval. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Properties at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Sports Complex Properties at Closing. IX. THIS SECTION INTENTIONALY LEFT BLANK X. TERMINATION AND REMEDIES 10.01 If Seller fails to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants, and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, and neither party shall have any further liability or obligation to the other except as set for in paragraph 13.01 (Real Estate Brokers) hereof. 10.03 Should any litigation or other action be commenced between the parties concerning the real property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges, and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 1 1 F 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Properties, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 Seller discloses and Purchaser acknowledges that the Properties may be effected by the City Gate Community Development District("City Gate CDD"), Declaration of Covenants, Conditions, Restrictions and Easements City Gate Commerce Park Master Property Owners Association ("POA") and the Developer Agreement. 11.131 Notice of Establishment of City Gate Community Development District recorded in O.R. Book 4521, Page 1453, Public Records of Collier County, Florida; and 11.132 Declaration of Covenants, Conditions, Restrictions and Easements of City Gate Commerce Park and the Articles of Incorporation of City Gate Commerce Park Master Property Owners Association, Inc., as recorded in Plat Book 3525, Page 2931 et seq., Public Records of Collier County, Florida, as amended; and 11.133 Developer Agreement, recorded in Official Record Book 4517, Pages 640-704, as amended by the First Amendment to Developer Agreement recorded in Official Record 5168, Pages 3989 of the Public Records of Collier County, Florida and this Agreement. 11.134 Seller represents and warrants that there is nothing set forth in the documents that in any way will diminish, hinder, or frustrate Purchaser's intended use of the Sports Complex Properties. 1 1 F 11.014 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Sports Complex Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.015 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation, or investigations pending or threatened against Seller, at law, equity, or in arbitration before or by any federal, state, municipal, or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell or lease the Sports Complex Properties to Purchaser according to the terms of this Agreement. 11.016 No party or person other than Purchaser has any right or option to acquire the Properties or any portion thereof. 11.017 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Sports Complex Properties or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Sports Complex Properties or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.018 Seller represents that there are no incinerators, septic tanks or cesspools on the Properties; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that it has no knowledge that any pollutants are or have been discharged from the Sports Complex Properties, directly or indirectly into any body of water. Seller represents the Sports Complex Properties has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Sports Complex Properties, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge that there is ground water contamination on the Sports Complex Properties or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Sports Complex Properties at any time during or prior to Seller's ownership thereof. Seller represents none of the Sports Complex Properties has been used as a sanitary landfill. 11.019 Seiler has no knowledge that the Sports Complex Properties and Seller's operations concerning the Sports Complex Properties are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the 1 1 F need for any work, repairs, construction, alterations, or installation on or in connection with the Sports Complex Properties in order to comply with any laws, ordinances, codes, or regulation with which Seller has not complied. 11.020 Other than the pending PUDA and NOPC/DOA, there are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Properties, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Sports Complex Properties. 11.021 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Properties or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Sports Complex Properties which hasnot been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.022 Other than the pending PUDA and NOPC/DOA, Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Sports Complex Properties to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Sports Complex Properties and not to do any act or omit to perform any act which would change the zoning or physical condition of the Properties or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice,that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Sports Complex Properties. 11.023 At the Closing, Seller shall deliver to Purchaser a statement(hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.024 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental 1 1 F Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.025 Any loss and/or damage to the Properties between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management 3335 Tamiami Trail East - Suite 101 Naples, Florida 34112 With a copy to: Jeffrey A. Klatzkow County Attorney Office of the County Attorney Administration Building 3335 Tamiami Trail East Naples, Florida 34112 If to Seller: Roger B. Rice, Esq. 9010 Strada Stell Court, Suite 207 Naples, Florida 34109 With a copy to: John S. Steinhauer, Esq. 121 South Main Street, Suite 555 Akron, Ohio 44308 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, 1 1 F salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend, or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal holiday,then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the"offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities 1 1 F . . Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 If Seller chooses to treat one or more of the lot transactions as a tax- deferred exchange under I.R.C. Section 1031, the Purchaser shall cooperate in accomplishing the exchange, and consents to the assignment of this Contract to a qualified exchange intermediary for that purpose, provided there is no additional cost or delay in closing and the exchanger is not released from liability under this Contract. 14.11 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. MISCELLANEOUS —SURVIVE CLOSING The following miscellaneous provisions and rights of Purchaser and Seller, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 15.01 Seller and Purchaser agree that the entire Sports Complex Properties are a base footprint and may vary by plus or minus ("+ or") 2.5 acres. For a period of one (1) year after closing, Purchaser may, based on its final design plans, request an adjustment no greater than plus or minus ("+ or-") 2.5 acres. Purchaser will be responsible for all costs of modifying the Plat or Re-Plat and will receive a commensurate refund for any reduction in land or shall pay the commensurate price for any additional land. 15.02 If Purchaser has not exercised its option and acquired the Lease Property, then before approval of a Site Development Plan for the Sports Complex Properties, Seller and Purchaser will enter into a Reciprocal Driveway Easement for shared access and egress between the Sports Complex Property and Lease Property, which shall be substantially similar to Exhibit "G" attached hereto and incorporated herein. 15.03 Purchaser's site development plan approval for the Sports Complex Property will either result in the requirement of the construction of a right turn lane in conjunction with any driveway access on City Gate Boulevard North or be conditioned upon the reservation of land to facilitate the future construction of a right turn lane. With the site development improvements on the Sports Complex Properties, Purchaser agrees to construct such right turn lane. Purchaser/Lessee consents to any reservation of or dedication of a portion of the Lease Property for a right turn lane. 15.04 The Plans and Plat(PPL) of City Gate Commerce Center, Phase Three, will include the construction plans of the extension of City Gate Boulevard South, and associated utility infrastructure, to the Sports Complex Property, which will be reviewed by Collier County Growth Management Division. See, typical section of 1 1 F City Gate Boulevard South extension as Exhibit "H". Purchaser will be responsible to extend City Gate Boulevard South, roadway, and utility infrastructure. Purchaser agrees to bid and award a contract as soon as practicable. Purchaser agrees that construction will begin as soon as practicable following Closing. 15.05 Essential to this Agreement, are the covenants herein regarding the arrangements, implementation, and construction of a Storm Water Management System as set forth herein. The City Gate project was issued an Environmental Resource Permit (No. 11-01863-P) (ERP) from the South Florida Water Management District. Seller has submitted for a modification of said permit for the construction and operation of a master lake and the extension of City Gate Boulevard South to the Sports Complex Property and for conceptual water management on Sports Complex Property and on ±38.5 acres, which +38.5 acres are depicted on Exhibit "I" attached hereto and incorporated herein. The specific terms, conditions and details regarding the permitting, construction and operation of the surface water management system are set forth in Exhibit"J", which include the excavation of City Gate PUD master lake and the use of the excavated materials. Specifically, the County agrees to immediately provide for 100% of the water "quality" on the Sports Complex Properties and the County covenants that 100% of the detention requirements ("quantity") [estimated to be a 9+ acre lake for Sports Complex Properties & Area to Drain Off-Site] will be met offsite, on the adjacent County owned property. Since offsite detention cannot take place until the adjacent County land is appropriately permitted, the City Gate PUD master lake will temporarily serve as the quantity (storage) portion for the Sports Complex Properties, however, the County understands that such use is strictly limited, that any holdover will cause undue burden on City Gate vacant land and will use its best efforts to accomplish the goals of the Exhibit "J" permanent surface water management system, including the offsite lake/detention. 15.06 Nothing herein shall hinder Seller's application under Collier County Ordinance 2010-20 to establish a mechanism to create a dedicated source of revenue to fund economic development and to advance economic development initiatives in zones, known as "Innovation Zones", within the balance of City Gate PUD. 15.07 Seller and Purchaser agree to enter into a Boundary Line Agreement establishing the common boundary between the City Gate PUD and the County owned land to the east, as set forth in Exhibit "L". 15.08 Should any litigation or other action be commenced between the parties concerning the Sports Complex Properties or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action;which sum may be determined by the court or in a separate action brought for that purpose. XVI. ENTIRE AGREEMENT: This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, V 11F ` warranty, or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: \A17AV l AS TO PURCHASER: DATED: ( lak19) ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCI(, Clerk COLLIER COUNTY, FLORIDA O4 BY: C4A.A ,____ Iti A'ttes0s.b CfAk\itztcz\s4e-L. Onitf lerk Penny ;or, firman J: iiatUre only. AS TO SELLER: DATED: WITNESSES: X)) <. x.J CG II, LLC, a Florida limited liability company . (S'g ature) 4 ' /e/ ' / _ --ti-t(Pc, ,Z�u�— BY: vv (Printed Name) Jo:-%h R. ber, Vice President CM A aUSLQ9, A UOAkS (-)b (Signature)�\Aiche I, 1-€ A. VQrtSc.o (Printed Name) Approve: a .to/Tothi and legalit li pi A\ Jeffrey A. aria ko Collier Co t' Attorney 1 1 F Exhibit"A" - Parcel A or Sports Complex Property Exhibit"B" - Parcel B or Lease Property Exhibit"C" - Land Lease Exhibit "D" - Fair Market Value and Constructive Donation Exhibit "E" -Apportion - Fees and Consultant Exhibit"F" -Approved Exceptions Exhibit"G" - Reciprocal Driveway Easement Exhibit"H" - Typical Section of City Gate Boulevard South extension Exhibit"I" — Location of±38.5 Acres Exhibit"J"— Permit, Construct and Operate -Surface Water Management System Exhibit "K" -- Boundary Line Agreement • J 1 1 F N 1 N89°13'01"E 646.71' 0 F- m co Co En i 0 1pa •0 Opo Y, I 1 f (INTENDED DISPLAY SCALE: 1"-400') N89°13'01"E 506.60' F i O Z I NO0°47'00"W 465.81' us N89°13'00"E 411.65-\ 1:2 i ni A s- W u o � M $ O w Mf N- O o 1.11 60 07 (O `d' 0 0 z IS86°27'31"W 66.98' 34 5 % N$9�00'O1"E 3728.95' S89.00'01"W 1487.52' �as,fi N..._ �un+FOFH 1r�oFs�cssrwv�-nce26J ' POINT OF BEGINNING MIDPOINT OF EAST LINE POINT OF OF SECTION 35 COMMENCEMENT: ti 1 WEST 1/4 CORNER OF SECTION 35 g 1.1 DESCRIPTION S E A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 i EAST, COLDER COUNTY, FLORIDA, BEING MORE PARTICULARLY T DESCRIBED AS FOLLOWS: I COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY 2 FLORIDA; THENCE NORTH 89'00'01" EAST ALONG THE SOUTH UNE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE OF 3728,95 FEET TO THE POINT OF BEGINNING; THENCE NORTH NOT A SURVEY 00'46'38" WEST DEPARTING SAID SOUTH UNE, A DISTANCE OF I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE 1103.12 FEET; THENCE NORTH 89'13'00" EAST, A DISTANCE OF AND BELIEF,THAT THE LEGAL DESCRIPTION AND 5411.68 FEET; THENCE NORTH 00'47'00" WEST, A DISTANCE OF ATTACHED SKETCH WERE PREPARED 11,1 ACCORDANCE R 465.81 FEET; THENCE NORTH 8913'01" EAST, A DISTANCE OF WITH THE APPLICABLE PROVISIONS OF CHAPTER 506.60 FEET; THENCE NORTH 00'46'59" WEST, A DISTANCE OF 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT 633.97 FEET; THENCE NORTH 8913'01° EAST, A DISTANCE OF TO CHAPTER 472, FLORIDA STATUTES. 646.71 FEET TO AN INTERSECTION OF THE EAST LINE OF SAID H SECTION 35; THENCE SOUTH 00'30'14" EAST ALONG THE SAID EAST LINE, A DISTANCE OF 2194.13 FEET TO THE SOUTHEAST BARRY E. SYREN(FOR THE FIRM L.B. 642)- ^ g CORNER OF THE SAID NORTH 1/2; THENCE SOUTH 86'27'31" PROFESSIONAL SURVEYOR AND MAPPER WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID FLORIDA CERTIFICATE NO. 5365 R SECTION 35, A DISTANCE OF 66.98 FEET; THENCE SOUTH g 89'00'01" WEST ALONG THE SAID SOUTH LINE, A DISTANCE OF DATE SIGNED: ------ t; 1487.52 FEET TO THE POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR .5 PARCEL CONTAINS 61.00 ACRES, MORE OR LESS AND MAPPER. .IOHNSONO INC. 2350 STANFORD COURT SKETCH AND DESCRIPTION FLORIDANAPLES, R�A 34112 122 PAX:(2 931143449320 - ENGINEERING -0333 E.D. #642 k L.D. #642 DALE PFO ECT N4 FNE NO. SCALE stern 11/2017 20170213 35-49-26 1".300' 1 of 1 .x1,., A ,e/ 1 1 F N J N89°13'01"E 384.50 if- rnco'3 o co W 1:t) CO 0 75 (50 300 Li0 E �n 1p ! q (INTENDED DISPLAY SCALE: 1`=300') 0 O 0 0 Z to N89°13'01"E 122,10' 589°13'01'W 384.5C' cq LTS \--POINT OF BEGINNING '.. (0 c 0 v 0 O 2 N89°13'00"E 411.68' iv M Q CO o CO st 0 z POINT OF COMMENCEMENT: ' WEST 1/4 CORNER h g OF SECTION 35 N 4 Z N89°00'011°E 3728.95' — ? {S LINE OF i-12-0E-IEC 354WP 494IGE 28) 8 X 1 1 DESCRIPTION ' A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 AEAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, NOT A SURVEY g. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COWER COUNTY I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE FLORIDA; THENCE NORTH 89'00'01" EAST ALONG THE SOUTH AND BELIEF, THAT THE LEGAL DESCRIPTION AND g UNE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE ATTACHED SKETCH WERE PREPARED IN ACCORDANCE N OF 3728.95 FEET; THENCE NORTH 00'46'38" WEST DEPARTING WITH THE APPLICABLE PROVISIONS OF CHAPTER MSAID SOUTH UNE, A DISTANCE OF 1103.12 FEET; THENCE 53-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT NORTH 8913'00° EAST, A DISTANCE OF 411.68 FEET; THENCE TO CHAPTER 472, FLORIDA STATUTES. n NORTH 00'47'00" WEST, A DISTANCE OF 465.81 FEET; THENCE s NORTH 8913'01" EAST, A DISTANCE OF 122.10 FEET TO THE 3POINT OF BEGINNING; THENCE NORTH 00'46'59" WEST, A BARRY E SYREN(FOR THE FIRM LB. 642) t is DISTANCE OF 633.97 FEET; THENCE NORTH 8913'01" EAST, A PROFESSIONAL SURVEYOR AND MAPPER 5 DISTANCE OF 384.50 FEET; THENCE SOUTH 00'46'59" EAST, A FLORIDA CERTIFICATE NO. 5365 R DISTANCE OF 633.97 FEET; THENCE SOUTH 8913'01" WEST, A g DISTANCE OF 384.50 FEET TO THE POINT OF BEGINNING. DATE SIGNED: _ _ _-- -- fr NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL M PARCEL CONTAINS 5.59 ACRES, MORE OR LESS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR o AND MAPPER. J OH N�`} »� JOHNSON ENO I RING,INC. 2350 STANFORD COURT NAPLES,FLORIDA 34t 12 SKETCH AND DESCRIPTION PHONE (239)4434-0333 DALE �PflO.RCT NO. FILE N0. SCALE SHEET ENGINEERING EF (o,#642)&LB#42 11/2077 20170213 35-48-26 1...300' 1 of 1 I i C.xh <.e/ i 11F ! Exhibit C Land Lease Agreement THIS AGREEMENT, made and entered into this day of , 2017, by CG II, LLC, a Florida limited liability company, hereinafter called the LESSOR, whose address is , and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as"LESSEE", WITNESSETH: IN CONSIDERATION OF the execution of this Agreement and performance of the promises hereinafter set forth, LESSOR hereby leases unto LESSEE the following property: See,Exhibit"A"attached hereto and incorporated by reference herein ALL upon the following terms and consideration I. TERM OF LEASE,BASE RENT&ADDITIONAL RENT The lease term shall be three years,beginning ,2018 and ending , 2021. The BASE ANNUAL RENT is $1.00 to be paid to LESSOR in THREE ANNUAL PAYMENTS of$1.00,due on or before the 1St day of April. The first payment is required on or before April 1St,2018. ADDITIONAL RENT, during the term of the lease, will include ad valorem real estate taxes and any assessments for operations and maintenance cost by the City Gate CDD or the City Gate Master Property Owner's Association assessed against or levied upon the LEASED PREMISES not to exceed Fifty Thousand($50,000)Dollars annually, which is due within thirty days of the LESSOR's invoicing for the same. II USE OF LEASED PREMISES. The LESSEE intends to use the LEASED PREMISES as a"grass parking area." LESSOR specifically permits LESSEE, at LESSEE's costs,to make any improvements necessary to obtain approval as a grass parking area. LESSEE covenants that the"grass parking area" shall comply with all applicable county and/or municipal ordinances. LESSEE shall repair any damage to the LEASED PREMISES resulting from the maintenance or removal of said grass parking area. Further, LESSOR agrees that LESSEE shall be permitted to place, erect or install signs on the LEASED PREMISES. Any sign shall comply with all applicable county and/or municipal ordinances. All such signs shall be maintained in a good and safe condition and appearance by LESSEE at its own expense. LESSEE shall repair any damage to the LEASED PREMISES resulting from the erection,maintenance, or removal of said signs. 1 1 F III OBLIGATIONS OF LESSOR A. To permit LESSEE quietly to hold, possess, and enjoy the LEASED PREMISES during the term of this AGREEMENT, so long as LESSEE is NOT in default hereinunder. B. To pay,prior to delinquency, all real property taxes, and any assessments assessed against or levied upon the LEASED PREMISES. IV. OBLIGATION OF LESSEE A. To make all lease payments when due and payable, together with sales tax if applicable. B. To keep the LEASED PREMISES in a neat and clean condition at all times. C. LESSEE will not create nor permit to be created nor remain as a result of any action of work done or contracted for by LESSEE,any lien,encumbrance or charge levied on account of any imposition or any mechanic's, laborer's or materialman's lien which might be or become a lien, encumbrance or charge upon the LEASED PREMISES. Any mechanic's, laborer's, or materialman's lien shall be discharged in accordance with the following: If any mechanic's,laborer's, or materialman's lien shall at any time be filed against the LEASED PREMISES of as a result of any action or work done on behalf of or contracted for by LESSEE, LESSEE, within fifteen(15)days after notice of the filing thereof,shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. D. To pay the cost of water/sewer, gas, electricity, fuel, light,heat,power,telephone, cable TV, and all other utilities furnished to the LEASED PREMISES or used by LESSEE in connection therewith. E. To carry at its own expense Comprehensive General Public Liability and Property Damage insurance with combined single limits of not less than $500,000.00 with insurance companies authorized to do business in Florida, insuring LESSOR and LESSEE against any liability arising out of the ownership, use, occupancy or maintenance of the LEASED PREMISES and all areas appurtenant thereto. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. F. To the extent authorized by law,to indemnify and hold harmless LESSOR against and from any and all claims arising from LESSEE'S use of the LEASED PREMISES or from the conduct of its business or from any activity,work or other things done, permitted or suffered by LESSEE in or about the LEASED PREMISES and shall further indemnify and hold harmless LESSOR against and from any and all claims arising from any breach or Default in the performance of any obligation on TENANT'S part to be performed under the terms of this LEASE or arising from any act or negligence of the TENANT or any officer, agent, employee,guest,or invitee of TENANT and from all costs,attorney's fees,whether 11F at trial or on appeal and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. G. To the extent authorized by law, to indemnify and hold LESSOR harmless from any and all claims by, or liability to, any third parties for personal injury and property damages suffered as a result of LESSEE's employees or contractors in connection with the use of the LEASED PREMISES. H. To comply with all governmental regulations concerning the use of the LEASED PREMISES; and NOT to permit or suffer any illegal, immoral, or improper act to occur on the LEASED PREMISES; and NOT to make or permit to be made any disturbance, noise, or annoyance whatsoever which would be detrimental to the peace, quiet, and comfort of other persons in the vicinity of the LEASED PREMISES. To surrender possession of the LEASED PREMISES at the termination of this Agreement in comparable condition as of this date, having removed any manufactured homes or improvements placed thereon by LESSEE. V. OTHER PROVISIONS A. During the first lease year,the LESSEE will have the right to exercise an option to purchase the property described in Exhibit "A" for TWO HUNDRED THOUSAND DOLLARS ($200,000.00) (U.S. Currency) per acre. If exercised, the sale shall close within sixty(60) days from the date of exercise, with time not of the essence. B. If not terminated by the Closing of the option above, LESSOR will reimburse LESSEE for improvements placed on the property by LESSEE. C. This Agreement may not be changed, modified, or terminated, except by an instrument executed by the parties hereto. D. If any term of this Agreement or the application thereof to any person or circumstances shall be declared invalid and unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. E. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules, and this Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both LESSEE and LESSOR have contributed substantially and materially to the negotiation and preparation of this Agreement. F. LESSEE may assign this Agreement to any entity substantially owned or controlled by LESSEE. G. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular shall be held to include the plural, and V 1 1 1 F vice versa, unless the context requires otherwise. The words "herein", "hereof', "hereunder" and other similar compounds of the word "here" when used in this Agreement shall refer to the entire Agreement, and not to any particular provision or section. If the last day of any time period stated herein shall fall on a Saturday, Sunday, legal or banking holiday, then the duration of such time period shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday,legal or banking holiday.The term"business day"shall mean any day other than a Saturday, Sunday, legal or banking holiday. H. The parties represent and warrant that they have not utilized the services of any real estate broker in this transaction. IN WITNESS WHEREOF,this Agreement has been duly executed by the parties hereto as of the day and year set forth below. LESSEE: LESSOR: Date: Date: • 1 1 F Exhibit "D" "CONSTRUCTIVE DONATION" Forty-Five (45) days prior to Closing, Seller will, at its cost, obtain an appraisal of the Sport Complex Property, by a Florida licensed commercial real estate appraiser, which shall determine the fair market value for the constructive donation ("FMV Appraisal"). This FMV Appraisal will be in accordance with generally accepted appraisal standards. It also will meet the relevant requirements of Regulations section 1.170A- 13(c)(3) and Notice 2006-96. This appraisal will be made by a qualified appraiser, as set forth in the instructions for IRS Form 8283, defined in applicable codes, and the appraiser will be competent to complete Part III of Form 8283. Within 15 business days of Seller providing Purchaser with a Form 8283, fully completed but for the Donee Acknowledgment, Purchaser shall complete and sign the Donee Acknowledgement portion of the form, and return the now fully executed form to Seller. November 16, 2017 Version 1 1 F Exhibit "E" Apportion -- Fees and Consultant NOPC Regional ERP PUDA DOA Planning Modification PPL Application Fees $22200.00 : $17,170.00 $ 2,500.00 $ 7,875.00 $ 34,000.00 Solid Waste(Extension of CGBN per DCA)Paid $ (9,545.00) $(9,475.00) Balance $ 12,655.00 $ 7,695.00 $ 2,500.00 $ 7,875.00 $ 34,000.00 Paid by City Gate $(12,655.00) $(7,695,00) $ (2,500.00) $ (7,875.00) $ Solid Waste(Extension of CGBN per DCA)to be Paid $ 2,500.00 Agreed Amount to Reimburse Application Fees Paid at Closing $ 6,327.50 $ 3,847.50 $ - $ 3,937.50 $ 17,000.00 At Closing, Purchaser will reimburse Seller for application fees in the agreed amounts: PUDA $ 6,327.50 DOA $ 3,847.50 NOPC $ - ERP Mod. $ 3,937.50 PPL $17,000.00 At Closing, Purchaser will also reimburse Seller for engineering and planning services/ costs for the PUDA, DOA, NOPC, PPL, ERP Modification and Developer Agreement Amendment at 1/2 of time and materials at the rates contained in the Davidson Engineering Inc.'s current continuing services contract with Collier County. Within 30 days of date of this Agreement, Seller shall cause an interim accounting to the Purchaser and each month thereafter. The final amounts will be provided at least 5 days prior to the Closing. NOTE: Payments by the County's Solid Waste,for the extension of City Gate Blvd.North,are noted only for the calculation and are not part of this Agreement. b"' 1 1 F Exhibit "F" Approved Exceptions { 1. The lien of all taxes for the year 2018 and thereafter,which are not yet due and payable. * 2. All matters contained on the City Gate Commerce Center,Phase Three Plat as recorded in Plat Book , Page , of the Public Records of Collier County,Florida(hereinafter"Plat"). 3. Oil,gas and mineral reservations as set forth in deed by Barron Collier,Jr., et al recorded in Deed Book 30,Page 91. 4. Oil,gas and mineral reservations reserved by Brace Corporation as set forth in deed by Brace Corporation recorded in Deed Book 33,Page 434. 5. Declaration of Covenants,Conditions,Restrictions and Easements of City Gate Commerce Park and the Articles of Incorporation of City Gate Commerce Park Master Property Owners Association, Inc., as recorded in Plat Book 3525, Page 2931 et seq.,Public Records of Collier County,Florida;as amended, 6. Subject property lies within the boundaries of City Gate Community Development District and may be subject to the levying of Special Assessments thereof. Notice of Establishment of City Gate Community Development District recorded in O.R.Book 4521,Page 1453,Public Records of Collier County,Florida. 7. Right of Way Occupancy Permit Notice from South Florida Water Management District (SFWMD) recorded in O.R. Book 4508, Page 2648, Public Records of Collier County,Florida. 8. SFWMD Notice of Environmental Resource or Surface Water Management Permit recorded in O.R. Book 4506, Page 3447, and SFWMD Notice of Environmental Resource or Surface Water Management Permit recorded in O.R. Book 4265,Page 2818,Public Records of Collier County,Florida. 9. Easement(5'x 40')in favor of Florida Power&Light Company,contained in instrument recorded April 18,2000,O.R.Book 2664,Page 3228,Public Records of Collier County,Florida. 10. Boundary Agreement as provided in the Agreement for Sale&Purchase. *Paragraph 1 above will be deleted at closing, as it does not apply to the Purchaser. 1 1 F RECIPROCAL DRIVEWAY EASEMENT THIS EASEMENT, made and entered unto this day of , 2017, by CG II, LLC, a Florida limited liability company, whose mailing address is 9010 Strada Stell Court, Suite 207, Naples, Florida 34109 (hereinafter "CG II" or "City Gate") and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is whose mailing address is 3301 Tamiami Trail East,Naples,Florida 34112 (hereinafter"County"); WHEREAS, City Gate is the owner of the land more particularly described as Lot according to the Plat of City Gate Commerce Center,Phase Three, as recorded in Plat Book Page_et seq.,of the Public Records of Collier County,Florida. WHEREAS, County is the owner of the land more particularly described as Lot— (Sports Complex Property) according to the Plat of City Gate Commerce Center, Phase Three, as recorded in Plat Book ,Page et seq., of the Public Records of Collier County,Florida. WHEREAS,the parcels are contiguous,adjoin,and have a common boundary line. WHEREAS, the parcels abut City Gate Boulevard North, which is a four-lane divided roadway, with a 15.5-foot median, and the minimum spacing of median openings in effect dictates shared median openings and driveway entrances for left turn egress/access points. WHEREAS, the location of driveway openings, median openings and left turn egress/access points must substantially conform to Exhibit I and S of the 2009 City Gate Developer Agreement (Official Records Book 4517, Page 640 et seq.), as amended, and this Easement is consistent with such. WHEREAS, the Parties have agreed to share the use of the driveway opening ( feet of the south of City Gate Blvd. North right-of-way), median opening and left turn egress/access point in consideration and exchange for the parties granting each other a reciprocal easement along the aforementioned common boundary line. mitigate Whenever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs,legal representatives,successors and assigns. WITNESSETH: That for in consideration of the sum of TEN DOLLARS ($10.00) and other good, adequate, and valuable consideration in hand paid by the County to the CG II, the adequacy and receipt of which are hereby acknowledged,CG II LLC does hereby grant,bargain,sell and convey unto the County a perpetual, non-exclusive driveway easement for vehicle access ("Easement") over, across, and with respect to, the real property located in Collier County, Florida described in Exhibit "1" attached hereto and incorporated herein by reference and hereinafter referred to as the"Easement Parcel 1." EXHIBIT 1 1 1 F That for in consideration of the sum of TEN DOLLARS ($10.00) and other good, adequate, and valuable consideration in hand paid by CG II to the County, the adequacy and receipt of which are hereby acknowledged, the County does hereby grant, bargain, sell, and convey unto the CO II, a perpetual, non-exclusive driveway easement for vehicle access ("Easement") over, across, and with respect to,the real property located in Collier County, Florida described in Exhibit "2" attached hereto and incorporated herein by reference and hereinafter referred to as the"Easement Parcel 2." These reciprocal easements are given for driveway purposes of ingress and egress, by vehicular traffic, over, across, and with respect to, the Easement Parcel 1 and Easement Parcel 2. For purposes of this Agreement, "driveway purposes" means use for and by moving vehicular traffic for any purpose connected with the use of either property. No parking shall be permitted on either Easement Parcel, This Easement shall at no time be obstructed by any object which would prohibit access,ingress or egress,to and from any lands owned,controlled or used by either Grantee or in any manner,interfere with the purposes of this Easement. County shall have the right,but not the obligation, to improve the Easement Parcel 2 in order to insure the full enjoyment of the rights granted and conveyed by this Easement. Once constructed, the County agrees to maintain both portions of the Easement. All terms, conditions, and provisions of this Easement shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. TO HAVE AND TO HOLD this Easement, together with all and singular the appurtenances thereunto belonging or in anywise incident or appertaining, to the use, benefit and behoof of the Grantee, its successors and assigns forever. Grantors hereby covenant that it is lawfully seized of the granted Easement Parcel in fee simple; that it has good and lawful authority to convey this Easement; and that it hereby fully warrants and defends the title to the Easement hereby conveyed against the Iawful claims of all persons whomsoever. IN WITNESS WHEREOF this Reciprocal Driveway Access and Maintenance Easement has been executed by each Grantor whose seal is affixed hereto, the day and year first above written. ATTEST: DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA By: By: ,Chairman (OFFICIAL SEAL) Signed,sealed and delivered In the presence of CG II,LLC 2 it 11F . a Florida limited liability Company By: Witness(Signature) Joseph Weber,Vice President 159 S Main Street,Suite 500 Name: Akron,Ohio 44308 (Print or Type) Witness(Signature) Name: (Print or Type) STATE OF OHIO COUNTY OF SUMMIT The foregoing Easement was acknowledged before me this day of , 2017,by Joseph R.Weber,Vice President,on behalf of CG II,LLC,a Florida limited liability company, who is personally known to me of who has produced (Affix notarial seal) Signature of Notary Public Print Name of Notary Public NOTARY PUBLIC Serial/Commission#(if any): My Commission Expires: 3 C% 1 1 F 10.00' 60.00' RIGHT OF WAY WIDTH 10.00' PUE _ PUE _ 3" TYPE S-1 (2 COURSES) ASPHALT PAVEMENT 1.00' 5.00' 8.00' _ 14.00' 14.00' 8.00' _ 5.00' 1,00' TYPE F CURB i /& GuR . 1.00' _ ix SLOPE_ 1 00 SLOPE: PER SLOPE: PER / GRADED PLANS ]GRADE0NS a 1% SLOPE 1r,-;.,.C'//',//,E.WA/. i," ,,,/'. / ',e �II��1I�I��.��Iw��.��` / /,/,,///!,8a PVC FOR/./�AI/N',,—I 1 r / LIMEROCK BASE LBR 4,1‘;',./.„/</-,/, //if ? " / •/ , '. '' `- z �J ll.,/, // EW/30" MIN. COVER ,/ .'� �� ..013'•6�,GON ETE ONL ,`� � �, � y � � � A,. �� 1 � 4 0' OFF R.O.W. IINE� i /: -,,..„/„., %' 10" LIMEROCK BASE :'A /, ,.'./ f,. „ ,. -i //,./, � ////,/,/._ 12" C900 CL. 200 DRIBPRIMED LBR 100 12" STABILIZED . /% !\,o! ,„ / / ' PVC WATERMAIN W/30" SUBGRADE LBR 40 MIN. COVER 4.0' OFF NOTE: R.G.W. LINE ALL SLOPES SHALL BE 8" SDR25 PVC GRAVITY SODDED. ALL OTHER SEWER 48" MIN. COVER DISTURBED AREAS WILL BE HYDRO SEEDED. R.O.W. PAVEMENT SECTION - CITY GATE BLVD. SOUTH NOTE: 6' CONCRETE WITH NO LIMEROCK BASE MAY BE SUBSTITUTED FOR 4" CONCRETE WITH 4" LIMEROCK BASE FOR SIDEWALKS ED „aoam, wonwrE acct no CITY GATE COMMERCE PARK �NVIA W..�� : 1®�r F1�AAVV/yEy��S5ryo�NN 1598UUTU MRM STREET dbxfeev: ENGINEERING " 'Tom- ' MROUROIEa4IIOI CW#.ME09Y E WO ..RaseAatl,' 101 tin.Fin"N101 EXHIBIT H Y. a EEM"E. 1 OF1 1NaN O N .MO N. ..,..,r1W' Zniar .Tln6 , xMIR�vE epO.BKO r 1 1 F . 1 __-. r_--.----"_--_.--cmoAre+-.a � 1 L � S 3 3L5A,CRES TQ El�OFF-Sj7E .,..... .., ........ ... . . ., . .. . . , ... `` $ oe , - LEASED LOT FOR PARKING cmc�n i I € we 1 1 _�� 1 ..�.. I. a ... _�__ -_r-. 1 � SPORTS COMPLEX fC,..__ 1 I pegy�DE 1 1 F EXHIBIT J ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE: DESIGN 1 CONSTRUCTION/OPERATION OF SURFACE WATER MANAGEMENT SYSTEM THIS ADDENDUM is to the AGREEMENT FOR SALE AND PURCHASE (hereinafter referred to as the "Purchase Agreement") entered into between CG II, LLC, joined by CITYGATE DEVELOPMENT, LLC and 850 NWN, LLC (hereinafter collectively referred to as either "Seller" or "City Gate"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Buyer" or "County"), relating to the following described real property: 61.00-Acre Tract "Sports Complex Property" ±5.5-Acre Tract "Leased Parcel" or "Temporary Parking" Combined "Sports Complex Properties" 13.80-Acre Tract "Lake / Recreational Tract" ±38.50-Acres "±38.50-Acres" or "Area to Drain Off-Site" See Exhibit "Al" a sketch and identification of the real property described above. RECITALS WHEREAS, essential to the Purchase Agreement, are the covenants regarding the permitting, construction, implementation and operation of the City Gate PUD Storm Water Management System and the integration of the real properties above into that system; and WHEREAS, the specific terms, conditions and details regarding the permitting, construction and operation of the Storm Water Management System set forth herein were integral to the final determination of the Purchase Price of the Sports Complex Property and the lease terms, including the option price, of the Leased Parcel; and WHEREAS, the City Gate project was issued an Environmental Resource Permit (No. 11-01.863-P) (ERP) from the South Florida Water Management County and City Gate has submitted for a modification of said permit for the construction and operation of a 10.26-acre master lake and the extension of City Gate Boulevard South to the Sports Complex Property and for conceptual water management on Sports Complex Properties; and 1 11-21-17 1 1 F WHEREAS, the County will immediately provide for 100% of the water "quality" on the Sports Complex Properties; and WHEREAS, the County covenants that 100% of the detention requirements ("quantity") [estimated to be a 9+ acre lake for Sports Complex Properties &Area to Drain Off-Site] will be met offsite, on the adjacent County owned property and County agrees to be solely responsible for the storm water infrastructure design/sizing, construction and reconstruction of said infrastructure, onsite and offsite, for the detention offsite; and WHEREAS, since offsite detention cannot take place until the adjacent County land is appropriately permitted, the City Gate PUD master lake will temporarily serve as the quantity (storage) portion for the Sports Complex Properties. The Sports Complex Properties may use but not exceed 50% of the master lake's detention storage; and WHEREAS, the transitional storm water management, which provides a bridge for the County, and then conversion to a final system, provides the most cost and time efficient storm water management system for the Sports Complex Properties; and WHEREAS, it is in the best interest of the County to dig, excavate, mine, extract, and remove from the master lake such materials, as permitted, and use the excavated materials on the Sports Complex Properties; and WHEREAS, County and City Gate will jointly plan and share in the enjoyment of the lake tract and share maintenance responsibilities; and WHEREAS, County and City Gate both benefit from the timely conversion of the transitional storm water management into the contemplated final system and agree that the intention is to complete the storm water management system as soon as practicable; and NOW THEREFORE, it is hereby mutually acknowledged, and it is agreed by and between the parties as follows: I. RECITALS: All of the above Recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. II. LAKE / RECREATIONAL TRACT 1) Basic Design: Before Closing, City Gate will have processed a modification of its Environmental Resource Permit (No. 11-01863-P) (ERP) from the SFWMD, which will include a basic Lake design and construction level detail, and a Plat of Phase Three, which will plat the Lake/ Recreational Tract. 2 11-21-17 1 1 F 2) Design Adjustments: i) As soon as practicable, City Gate and County will jointly design alterations in the shape and location of the Lake and/or for recreational uses on the Lake/Recreational Tract. Any altered Lake design must provide for storm water management equal to or superior to the original permitted Lake. ii) City Gate reserves the right to designate the exact location of and type of bank hardening. If City Gate requests that the County's contractor construct a concrete bank hardening (i.e. a retaining wall), the cost of such will be deducted from City Gate's Compensation, which is defined below. City Gate agrees to be responsible for any costs of such concrete bank hardening that exceeds City Gate's Compensation. iii) County may, at its sole expense, incorporate a multi-purpose pathway, up to 12 feet wide, on top of the Lake berm. iv) The design and location of the Lake and the multi-purpose pathway, including any boardwalk/bridge, must be compatible with other lake front properties in the City Gate PUD. v) County will process at its sole expense all necessary applications for permit modifications and permits for the operations contemplated by this Addendum. County shall pay for all engineering studies and surveys necessary to obtain such permit modifications. City Gate will cooperate by executing such applications as may be required by governmental authorities to obtain such permits. vi) If the County's Lake design alteration requires the additional land to the Lake/ Recreational Tract, then the County shall pay for such additional land and it shall count toward the maximum adjustment of 2.5 acres. 3) County Award Contract: County agrees to bid and award a contract to excavate the lake excavation project as soon as practicable. 4) Commencement & Completion: Excavation will begin as soon as practical after award of a contract and completion of the Lake excavation and improvements as soon as practicable. 5) Excavation Operations. City Gate will temporarily (18 months commencing at closing) lease to County the right to enter into and upon the Lake /Recreation Tract during the term of this Agreement. County will dig, excavate, mine, extract, and 3 { j 11-21-17 \l 1 1 F remove from the Lake/Recreation Tract such shell, sand, limestone rock, topsoil, and fill (herein sometimes referred to as the "Material"), as permitted in ERP. 6) Use of Excavated Materials. County intends to use the Material on the Sports Complex Properties or stockpile Material thereon. The County agrees that, prior to the cessation of its operation, all excavated Material not incorporated into the Lake/ Recreational facilities will be moved to the Sports Complex Properties. 7) Lake/Recreational Tract Land Not Excavated. Lands within the Lake/Recreational Tract not excavated shall meet the following standards: i) Native Vegetation: To the maximum extent possible, but no less than 1 acre, existing native vegetation will be retained in the area between the boundary of the Lake / Recreational tract and the closest toe of slope of the Lake berm; excluding any buildings, patios or public areas located therein. ii) Topography: The land shall be free of holes, gullies, and washouts to permit safe recreational uses and maintenance equipment; including stormwater management measures. iii)Stability: The land shall have settled and firmed to the extent that will support recreational uses and maintenance equipment and such that people will be able to walk on the surface of the land. iv) Sod and Vegetation: All disturbed areas shall be promptly replanted, seeded or sodded in accordance with permits. 8) Slopes and Lake Depth: All slopes and lake depth shall be in accordance with the ERP permit. 9) Lake Berm and Swales: County may incorporate a multi-purpose pathway, up to 12 feet wide, on the top of the lake berm. 10) All costs of compliance with permitting of the operations contemplated by this Agreement shall be borne by COUNTY. 11) Access. COUNTY shall establish one or more access driveway(s) to the Lake/Recreational Areas from the project road ways, at points identified on Exhibit A2, and may establish one or more paths for exclusive use of haul trucks to the Sports Complex Properties. City Gate shall have a right of approval, in its sole discretion, over the location of such access driveways. 4 11-21-17 1 1 F 12) Compensation. As compensation for the right to incorporate the multi-purpose track into the Lake/Recreation Area and the right to the excavate materials removed from the Lake / Recreation Tract, COUNTY agrees to pay City Gate compensation calculated as follows: i) Excavated Materials Used on the Sports Complex Properties ("Truck Measured") x Actual Cost of Material to be Delivered to Sports Complex Properties from Operating Mine; Less Lake Excavation Costs and Less Costs to make material usable = disparity. Compensation = 1 of the disparity. County retains % of disparity as savings. ii) Definitions: (1) Excavated Materials Used on the Sports Complex Properties shall be "Truck Measured" quantity; (2) Actual Unit Cost of Material to be Delivered from Operating Mine shall also be"Truck Measured". Before Closing, County and City Gate shall each obtain proposals for material hauled to the site from an operating mine, which proposals shall be updated within 60 days of the start of excavation. If not more that 15% dissimilar, the average of the two updated proposals will be used as the Actual Unit Cost of Material. If more that 15% dissimilar, a third proposal will be obtained by the ERP engineer and the average of the two closest updated proposals will be used as the Actual Unit Cost of Material; (3) Lake Excavation Costs assume typical customary excavation methods are employed,including but not limited to blasting. Lake Excavation Costs include constructing a lake berm, final grading, seeding/sodding and littoral plantings; and (4) Costs to make material usable includes crushing and screening, but is limited to the extent necessary to make it usable. iii)The County shall keep a master record of the time and amount of each load and at the end of each day a summary will be made and will be provided to City Gate. The quantities of material removed from the Lake / Recreation Tract will be totaled each calendar month and summaries will be delivered to City Gate and the compensation therefore will be paid by the County to City gate on or before the 15th day of the following month. City Gate and its authorized agents may, from time to time, enter upon the premises to inspect the same and to measure the quantity of material being extracted therefrom, and shall also have the right to audit and inspect County's Contractors accounts and records used in calculating the compensation paid.to City gate hereunder. 13) Lake will include lake aerators. 14) Operation & Maintenance: The County and City Gate will share Long-Term Operation and Maintenance of the Lake /Recreational Tract. 5 11-21-17 1 1 F III. CITY GATE BLVD. SOUTH Permit: Before Closing, Seller will have processed the Plans and Plat (PPL) of City Gate Commerce Center, Phase Three, which include the construction plans of the extension of City Gate Boulevard South, and its associated storm water management. 2) Design Adjustments: Any design changes must be approved by both Seller and Purchaser. 3) Construction of City Gate Blvd. South i) Includes its associated storm water management. ii) Completion storm water management improvements as soon as practicable. �) Operation & Maintenance: Long Term Maintenance by CDD or POA IV. SPORTS COMPLEX PROPERTIES 1) General: Purchaser covenants that it will design, construct and operate the Sports Complex Properties. 2) Design: i) No more than 50% is impervious. For this Agreement, the parties concur that artificial turf fields are considered pervious; ii) 100% of water quality standards are met onsite; iii)For water retention and detention: (1) For thirty-six (36) months following Closing, Purchaser may temporarily use the Lake; (2) If Seller has not provided written notice to Purchaser that it has a bona fide need for the Lake volume,or material portion thereof,being used by Purchaser, the Purchaser may continue to use the Lake for twelve (12) additional months, but not more than a total of forty-eight (48) months following Closing. (3) If Seller has provided Purchaser with written notice that it has a bona fide need for the Lake volume, or material portion thereof,being used by Purchaser, the Purchaser may continue to use the Lake for two (2) years thereafter, but not more than a total of forty-eight (48) months following Closing, but not less than thirty-six (36) months following Closing or more than forty-eight (48) months following Closing. 3} Permit and Construction: i) Purchaser shall be responsible for all permitting and construction costs of the ERP 6 go 11-21-17 11F storm water management system on the Sports Complex Properties, regardless of whether the construction is exclusively for the Sports Park Properties' system. ii) If Purchaser has not obtained the necessary permits to construct the storm water retention and detention system for the Sports Complex Properties offsite on adjacent County owned property, then Purchaser agrees to construct the water retention and detention system required on the Resource Recovery Business Park. 4) Operation & Maintenance: The operation and Maintenance of the Surface Water Management System on the Sport Complex Properties shall be the sole responsibility of Purchaser. V. 38.50 ACRES 1) Design: i) Seller will design water retention and detention based on 70% impervious. ii) 100% of water quality standards are met onsite; iii) For permanent water retention and detention, after thirty-six months, 100% of storm water retention and detention requirements (quantity) must be met offsite on County owned land to the east; iv) The design, permitting and construction of the permanent offsite water management system for the 38.5 acres shall be concurrent and joint with the offsite water management system for the Sports Complex Properties. 2) Permit and Construction: i) Seller will be responsible all permitting of onsite surface water management system. ii) Purchaser shall be responsible all permitting and construction costs of the offsite surface water management system. (1) Purchaser shall have thirty-six (36) months following Closing to permit and construct the offsite surface water management system; (2) If Seller has not provided written notice to Purchaser that it has a bona fide need for water retention and detention for lot(s) in the 38.50 area, the Purchaser may continue to use the Lake for twelve (12) additional months, but not more than a total of forty-eight (48) months following Closing. (3) If Seller has provided Purchaser with written notice that it has a bona fide need for water retention and detention for a lot(s) in the 38.50 area, the Purchaser may continue to use the Lake for two (2) years thereafter, but not less than thirty-six (36) months following Closing or more than forty-eight (48) months following Closing. 3) Operation &Maintenance: The Operation and Maintenance of the Surface Water 7 11-21-17 1 1 F Management System quality onsite shall be the Seller and quantity offsite shall be the sole responsibility of County. W. General Terms: 1) TIME IS OF THE ESSENCE: The design,permitting and construction of the permanent offsite water management system for the 38.5 acres shall be concurrent and joint with the Sports Complex Properties. If forty-two months (42) months after Closing, Purchaser has not substantially begun construction of a water management system on the adjacent County owned property or on the Resource Recovery Business Park, then County will construct lake onsite, at a location designated by City Gate. The County agrees to be solely responsible for all costs of designing, permitting and constructing the lake and associated storm water infrastructure. County will also lease the land for the lake at a monthly rate of 1.5% of the fair market value of the land, until such time as the offsite surface water system is build, obviating the need for the onsite lake, but no less than one year. Within six (6) months of the termination of the lease, County shall, at its sole costs, return the leased land to its condition prior to excavation. 2) The County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by City Gate. City Gate shall be responsible for paying any costs and/or fees associated with the securing and recording of all Subordination, Consent & Joinder of Easement instruments relative to all mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment, if any, shall be paid by County and/or County. 3) This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 4} Conveyance of the Property by City Gate is contingent upon the provisions, conditions, or premises so stated above and in the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8 �! 11-21-17 1 1 F 5) This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have signed this Addendum below. Dated Project/Acquisition Approved by BCC: \ZVI-VA AS TO PURCHASER: DATED: t \.D.-- I Es 1ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,iVerk COLLIER COUNTY, FLORIDA ki!OLUkt s'''4.:: ' C62—' BY: 4 Att t as t0 ch11f4puty Clerk Penny ylo airman signature only. AS TO SELLER: DATED: WITNESSES: i ho-_,A-Ls---7,_.) /S!(-----4--A-.A.-- CG II, LLC, a Florida limited liability company (Signature) 4,_ kLJ„.L{'f-,_ V,_ Y C'--„ -L BY: (Printed Name) �. Weber, Vice President C&LAVcc / eph (Signature) M1c t'- -t ke A. VGu-1S co (Printed Name) I! ApproveasJo-ffirm and legalit Jeffrey A.`Klatt ow Collier'Ootui y Attorney I 1\t 9 11-21-17 11F i f 1 i { i I t i i i i 0 GITYaAtE t . .( \ % , Y },\ 1 y OFF 6ITE . 7 �` I -'-- ,---„ .._ ' ''''',:_— ,asmwUrt� '` _._. .`1 't, �,-a-�'-mss"' i I ,` S .4 } . OFF-SITE I 1 \ tx • ■ l LEASED LOT '` FOR PARKING€ i GiYOAtH .� , (t 5.6 AC) 6 L L • _. ._ , • , - I i --w„...„, 1 („3„-±,c4.„,,,,,,w,...,„ .. 1 . 1 • i raw-,,,,,,Attomfoom, i i 1 ......„,„:„7,.. .„,..„.„,„.„,,,I.,., „Hg..„ Fr� . �. '_ d3 _ i SPORTS COMPLEX I I (81.00 AC) ! 1 iI 1 1 DE �...._..__�...________ ..___________..___.. _____ .. .. ........................u......�........ ...,..�.......�......,.n... Fp4&IAI QY1d 1 1 F ... lit '1 .. .._— z,.;..-7.....,,,.-7- -,: 1 II ii•ii f4 ' . i PHASE TWO REPLAY I PHASE THREE ' !..i ---.—. TRACT RL "s t f.�1_�.� .. .��.—_ ...._ — n im ,.._.. 1 ;.S$'La4., 61-ACRE 8 x +I SPORTS COMPLEX a e r: _ ! 1 _ 450 v. 4 sear. TAS i • • 1 1 F BOUNDARY LINE AGREEMENT This Agreement, made the day of , 2018, between CG II, LLC, a Florida limited liability company, (hereinafter referred to as "CG II,LLC"), whose mailing address is 121 S.Main Street,Suite 500,Akron,OH 44308 and Collier County,a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Naples,FL 34112. WHEREAS, the City Gate is the owner in fee simple of certain real property generally known as the eastern portion of the North 1/2 of Section 35,Township 49 South,Rage 26 East and as more particularly described on Schedule A attached hereto and made part hereof(hereinafter"Parcel A");and WHEREAS,the County the owner in fee simple of certain real property generally known as the West i/z of Section 36, Township 49 South, Rage 26 East and as more particularly described on Schedule B attached hereto and made part hereof(hereinafter"Parcel B");and WHEREAS,Parcel A adjoins Parcel B;and WHEREAS, the parties desire to fix and definitely establish the boundary line between the two parcels mentioned above respectively owned by them without dispute;and NOW, THEREFORE, in consideration of the mutual promises and conveyances herein contained, and other good and valuable consideration, the receipt of which is hereby mutually acknowledged, the parties hereto for themselves and their heirs, legal representatives,successors and assigns,covenant and agree as follows: That the common boundary line between the parcels shall be deemed the along the Section Line, established by the original survey, and the common boundary is established as being described as follows: A LINE COMMENCING AT THE NE CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA, SAID CORNER BEING COMMON WITH NW CORNER OF SECTION 36, TOWNSHIP 49 SOUTH,RANGE 26 EAST; THENCE SOO°30'14"E 2669.36' TO THE EAST i/ CORNER OF SECTION 35, TOWNSHIP 99 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID CORNER BEING COMMON WITH WEST IA CORNER OF SECTION 36, TOWNSHIP 49 SOUTH,RANGE 26 EAST. And the CG II, LLC does hereby remise, release and quitclaim unto the County, its successors and assigns, all of its right,title and interest in and to any land lying to the east of the said boundary line so established, and the County does hereby remise, release and quitclaim unto CG II, LLC, its successors and assigns,all of its right,title and interest in and to any land lying to the west of the said boundary line so established,and IT IS MUTUALLY AGREED AND COVENANTED that this agreement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives,successors and assigns. EXHIBIT 14, !1' 1 1 F In WITNESS WHEREOF,we have hereunto set our hands and seals on the date first above mentioned. • 11F INSERT SCHEDULE A 11f INSERT SCHEDULE B 11F INSERT EXHIBIT 1 { ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP K?c TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 r� than Monday preceding the Board meeting. 9y,,,r,,,X,r•i 1. MG,A/Mitt **NEW** ROUTING SLIP 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 routinpzlines#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. Jennifer A. Belpedio, Esq., Asst. County Attorney County Atty. 5 1411g 2. BCC Office Board of County \‘>>,\ ` Commissioners `r /l ,s sAd i\ , 3. Minutes and Records Clerk of Court's Office 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 C. Perry Peeples Phone Number 239-252-80, 3 Contact/Department f/ Agenda Date Item was December 12,20111 Agenda Item Number 11.F Approved by the BCC 1 Type of Document Boundary Line Agreement Number of Original Attached Land Lease Agreement Documents Attached 3 Form 8283-Noncash Charitable Contributions PO number or account 370-101557-649030-50156.2 RECORDING FORM number if document is ATTACHED to be 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? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 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 N/A 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 CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 as stated above and all changes made CPP 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 oIAJ 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 INSTR 5551215 OR 5505 PG 3823 1 1 F RECORDED 5/4/2018 10.56 AM PAGES 5 DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$44.00 BOUNDARY LINE AGREEMENT This Agreement, made the 2.`^4A day of NACA / , 2018, between CG II, LLC, a Florida limited liability company, and 850 NWN, LLC, a Florida limited liability company (hereinafter collectively referred to as "City Gate"), whose mailing address is 121 S. Main Street, Suite 500, Akron, OH 44308 and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East,Naples,FL 34112. WHEREAS, the City Gate is the owner in fee simple of real property generally known as the eastern portion of the North '/ of Section 35,Township 49 South, Rage 26 East and which land has been platted as City Gate Commerce Park Phase Three Plat, recorded in Plat Book 63 Page 84 et seq. of the Public Records of Collier County,Florida(hereinafter"Parcel A"); and WHEREAS, the County the owner in fee simple of certain real property known as the West '/�of Section 36, Township 49 South, Rage 26 East, having acquired said real property by the Special Warranty Deed dated August 1, 2014 and recored in Official Records Book 5063, Page 2207 et seq. of the Public Records of Collier County Florida(hereinafter"Parcel B"); and WHEREAS,Parcel A abuts Parcel B;and WHEREAS, the parties desire to fix and definitely establish the boundary line between the two parcels mentioned above respectively owned by them without dispute. NOW, THEREFORE, in consideration of the mutual promises and conveyances herein contained, and other good and valuable consideration, the receipt of which is hereby mutually acknowledged, the parties hereto for themselves and their heirs, legal representatives, successors and assigns,covenant and agree as follows: That the common boundary line between the parcels shall be deemed the Section Line, established by the original survey, and the common boundary is established as being described as follows: A LINE COMMENCING AT THE NE CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID CORNER BEING COMMON WITH NW CORNER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE S00°30'14"EAST 2669.36 FEET TO THE MIDPOINT OF THE EAST LINE OF SECTION 35 AND THE EAST ' CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID CORNER BEING COMMON WITH WEST % CORNER OF SECTION 36, TOWNSHIP 49 SOUTH,RANGE 26 EAST. 4 V I-1 F IT IS MUTUALLY AGREED AND COVENANTED that this agreement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. In WITNESS WHEREOF, we have hereunto set our hands and seals on the date first above mentioned. AS TO COUNTY: ,, DATED:I��Q, -4"1 LTJ I ATTEST: BOARD OF CO T COMMIS : RS DWIGHT E. BROCK, Clerk COLLIER C o T ',FLORI i�f 1&46.' 41—filar. r.`i * By: A est as to Chairman's , A e lerk Andy Solis, Chairman signature only. AS TO CG II, LLC: DATED: 5/ / I F) WITNESSES:: ! , Q.[uLUSLA U C SCE CG II, LLC, a Florida limited liability company (Signature) 4444 (v;L I c* ! !e A , VO rt O By: 4 ,/\)14/d r (Pr' Name) Jos- .h R. Weber, Vice President • (Signature) (Printed Name) Approved • t a ega ity: 1 IFlir: Al Jeffrey A. 41: - ,w, oilier County Attorney 1 1 F PARCEL A LEGAL DESCRIPTION THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA LESS THE WEST 100.00 FEET THEREOF FOR RIGHT-OF-WAY PURPOSES [CR-951 ROW]; AND LESS: A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER, COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. SAID QUARTER CORNER BEING MARKED WITH A 4"X4" CONCRETE MONUMENT HAVING A 3-INCH BRASS CAP ATTACHED TO THE TOP THEREOF, WITH A 3/4 INCH IRON PIPE; THENCE A LONG THE SECTION LINE BETWEEN SAID SECTIONS 34 AND 35, NORTH 00°29'15" WEST, 1,382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 (I-75) SHEET 8 OF 10; THENCE ALONG SAID CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 NORTH 89°31'01" EAST, 100.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EAST CANAL RIGHT OF WAY LINE NORTH 00°29'15" WEST, 50.00 FEET TO A 4"X4" CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE PROPOSED ACCESS ROAD RIGHT OF WAY TO THE WATER TREAMENT PLANT PARCEL; AND BEING THE TRUE POINT OF BEQINNING_OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF SAID ACCESS ROAD RIGHT TO WAY NORTH 89°31'01"EAST, 456.51 FEET TO A 4"X4" CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID NORTH RIGHT OF WAY WITH THE WEST BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WEST BOUNDARY LINE NORTH 00°47'14" EAST, 994.98 FEET TO AN IRON ROD ON THE WESTERLY RIGHT OF WAY OF A STRIP OF LAND 170 FEET IN WIDTH FOR A FLORIDA, POWER & LIGHT COMPANY (FP&L) RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210, COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT OF WAY NORTH 31°30'28" EAST, 70.02 FEET TO AN IRON ROD; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 58°30'03" EAST, 761.56 FEET TO A 4"X4" CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14" WEST, 1,066.70 FEET TO A 4"X4" CONCRETE MONUMENT THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT OF WAY SOUTH 00°47'14" WEST, 332.74 FEET TO AN IRON ROD MARKING THE INTERSECTION OF SAID WESTERLY FP&L RIGHT OF WAY WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE PARCEL BEING HEREIN DESCRIBED; THENCE ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35, SOUTH 89°04'40" WEST, 690.82 FEET TO A 4"X4" CONCRETE MONUMENT; SAID POINT BEING THE SOUTHWEST CORNER OF THE PARCEL BEING HEREIN DESCRIBED; THENCE ALONG THE WEST BOUNDARY 1 1 F LINE OF SAID PARCEL NORTH 00°47'14" EAST, 653.80 FEET TO A 4"X4" CONCRETE MONUMENT MARKING THE INTERSECTION OF THE WEST BOUNDARY OF THE WATER TREATMENT PLANT PARCEL WITH THE SOUTH RIGHT OF WAY OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID SOUTH RIGHT OF WAY SOUTH 89°31'01" WEST, 454.28 FEET TO A 4"X4" CONCRETE MONUMENT MARKING THE INTERSECTION OF SAID ACCESS ROAD SOUTH RIGHT OF WAY WITH THE EAST RIGHT OF WAY OF A CANAL; THENCE ALONG SAID CANAL EAST RIGHT OF WAY NORTH 00°29'15" WEST 100.00 FEET TO THE POINT OF BEGINNING [SOUTH COLLIER REGIONAL WATER TREATMENT PLANT]. AND LESS A PORTION OF THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST; BEING DESCRIBED AS FOLLOWS: BEGIN ON THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, AT A POINT NORTH 89°00'01" EAST 100.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 00°29'15" WEST, 1,334.19 FEET, THENCE SOUTH 04°21'08" EAST, 296.92 FEET, THENCE SOUTH 02°46'25" EAST, 750.60 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE RUN SOUTHERLY ALONG SAID CURVE 240.58 FEET, THROUGH A CENTRAL ANGLE OF 41°01'29" TO THE END OF SAID CURVE, THENCE SOUTH 43°47'54" EAST, 94.86 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, THENCE SOUTH 89°00'01" WEST, 206.27 FEET TO THE POINT OF B$GINNINO [I-75 ROW]. AND LESS A PORTION OF THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST; BEING DESCRIBED AS FOLLOWS; BEGIN ON THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, A POINT NORTH OF 89°00'01" EAST, 306.27 FEET FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 35, THENCE RUN NORTH 43°47'54" WEST, 94.86 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 336.00 FEET, THENCE RUN NORTHWESTERLY ALONG SAID CURVE 240.58 FEET THROUGH A CENTRAL ANGLE OF 41°01'29"TO THE END OF SAID CURVE, THENCE NORTH 02°46'25" WEST, 750.60 FEET, THENCE NORTH 04°21'08" WEST, 296.92 FEET, THENCE NORTH 00°29'15" WEST, 85.00 FEET, THENCE NORTH 89°31'01" EAST, 64.42 FEET, THENCE SOUTH 04°21'08" EAST, 378.34 FEET THENCE SOUTH 02°46'25" EAST, 751.56 FEET, TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF 266.00 FEET, THENCE RUN SOUTHEASTERLY ALONG SAID CURVE 190.46 FEET,THROUGH A CENTRAL ANGLE OF 41°01'29"TO THE END OF SAID CURVE, THENCE SOUTH 43°47'54" EAST, 159.68 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35, THENCE SOUTH 89°00'01" WEST, 95.40 FEET TO THE POINT OF BEGINNING [ACCESS ROAD#1,FORMERY LANDFILL ROAD]. AND LESS: A PORTION OF THE NORTH HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST; DESCRIBED IN THAT CERTAIN DEED BETWEEN RICHARD K. BENNETT AS SUCCESSOR TRUSTEE OF LAND TRUST NO. 5360, DATED THE 8TH DAY OF APRIL, 1985, RECORDED IN OFFICIAL RECORDS BOOK 3336, PAGE 2498 ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA [GENERALLY KNOWN AS WESTERN PORTION OF NORTH HALF OF SECTION 35,TOWNSHIP 49 SOUTH,RAGE 26 EAST]. 11f PARCEL B LEGAL DESCRIPTION THE WEST '/2 OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE LAND SOUTH OF THE NORTHERLY RIGHT-OF-WAY OF ACCESS ROAD NO. 1, ACCORDING TO ROAD BOOK 3, PAGE 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1 1 F Land Lease Agreement THIS AGREEMENT, made and entered into this �`'�' day of May, 2018, by CG II, LLC, a Florida limited liability company, (hereinafter referred to as the "LESSOR"), whose address is 121 South Main Street, Suite 500, Akron, OH 44308, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "LESSEE"), 3335 Tamiami Trail E., Ste. 101,Naples, FL 34112. WITNESSETH: IN CONSIDERATION OF the execution of this Agreement and performance of the promises hereinafter set forth, LESSOR hereby leases unto LESSEE the following property: Lot 10 of CITY GATE COMMERCE PARK PHASE THREE, according to the Plat thereof, recorded in Plat Book 63,Pages 84—90 of the Public Records of Collier County, Florida hereinafter referred to as"LEASED PREMISES". ALL upon the following terms and consideration I. TERM OF LEASE, BASE RENT & ADDITIONAL RENT The lease term shall be three years, beginning May 4, 2018 and ending May 3, 2021. The BASE ANNUAL RENT is $1.00 to be paid to LESSOR in THREE ANNUAL PAYMENTS of$1.00,due on or before the 4th day of May. The first payment is required on or before May 4th, 2018. ADDITIONAL RENT, during the term of the lease, will include ad valorem real estate taxes and any assessments for operations and maintenance cost by the City Gate CDD or the City Gate Master Property Owner's Association assessed against or levied upon the LEASED PREMISES, not to exceed Fifty Thousand ($50,000) Dollars annually, which is due within thirty days of the LESSOR's invoicing for the same. II USE OF LEASED PREMISES. The LESSEE intends to use the LEASED PREMISES as a"grass parking area." LESSOR specifically permits LESSEE, at LESSEE's costs,to make any improvements necessary to obtain approval as a grass parking area. LESSEE covenants that the "grass parking area" shall comply with all applicable county and/or municipal ordinances. LESSEE shall repair any damage to the LEASED PREMISES resulting from the maintenance or removal of said grass parking area. Further, LESSOR agrees that LESSEE shall be permitted to place, erect or install signs on the LEASED PREMISES. Any sign shall comply with all applicable county and/or municipal ordinances. All such signs shall be maintained in a good and safe condition and appearance by LESSEE at its own expense. LESSEE shall repair any damage to the LEASED PREMISES resulting from the erection,maintenance, or removal of said signs. 1 1 F III OBLIGATIONS OF LESSOR A. To permit LESSEE quietly to hold, possess, and enjoy the LEASED PREMISES during the term of this AGREEMENT, so long as LESSEE is NOT in default hereinunder. B. To pay, prior to delinquency, all real property taxes, and any assessments assessed against or levied upon the LEASED PREMISES. IV. OBLIGATION OF LESSEE A. To make all lease payments when due and payable, together with sales tax if applicable. B. To keep the LEASED PREMISES in a neat and clean condition at all times. C. LESSEE will not create nor permit to be created nor remain as a result of any action or work done or contracted for by LESSEE,any lien,encumbrance or charge levied on account of any imposition or any mechanic's, laborer's or materialman's lien which might be or become a lien, encumbrance or charge upon the LEASED PREMISES. Any mechanic's, laborer's, or materialman's lien shall be discharged in accordance with the following: If any mechanic's, laborer's,or materialman's lien shall at any time be filed against the LEASED PREMISES of as a result of any action or work done on behalf of or contracted for by LESSEE, LESSEE, within fifteen(15) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. D. To pay the cost of water/sewer, gas, electricity, fuel, light, heat, power, telephone, cable TV, and all other utilities furnished to the LEASED PREMISES or used by LESSEE in connection therewith. E. To carry at its own expense Comprehensive General Public Liability and Property Damage insurance with combined single limits of not less than $500,000.00 with insurance companies authorized to do business in Florida, insuring LESSOR and LESSEE against any liability arising out of the ownership, use, occupancy or maintenance of the LEASED PREMISES and all areas appurtenant thereto. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. F. To the extent authorized by law, to indemnify and hold harmless LESSOR against and from any and all claims arising from LESSEE'S use of the LEASED PREMISES or from the conduct of its business or from any activity, work or other things done, permitted or suffered by LESSEE in or about the LEASED PREMISES and shall further indemnify and hold harmless LESSOR against and from any and all claims arising from any breach or Default in the performance of any obligation on LESSEE'S part to be performed under the terms of this LEASE or arising from any act or negligence of the LESSEE or any officer, agent, employee, guest, or invitee of LESSEE and from all costs, attorney's fees, whether at trial or on appeal and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. 0 1 1 F G. To the extent authorized by law, to indemnify and hold LESSOR harmless from any and all claims by, or liability to, any third parties for personal injury and property damages suffered as a result of LESSEE's employees or contractors in connection with the use of the LEASED PREMISES. H. To comply with all governmental regulations concerning the use of the LEASED PREMISES; and NOT to permit or suffer any illegal, immoral, or improper act to occur on the LEASED PREMISES; and NOT to make or permit to be made any disturbance, noise, or annoyance whatsoever which would be detrimental to the peace, quiet, and comfort of other persons in the vicinity of the LEASED PREMISES. To surrender possession of the LEASED PREMISES at the termination of this Agreement in comparable condition as of this date, having removed any manufactured homes or improvements placed thereon by LESSEE. V. OTHER PROVISIONS A. During the first lease year, the LESSEE will have the right to exercise an option to purchase the LEASED PREMISES for TWO HUNDRED THOUSAND DOLLARS ($200,000.00) (U.S. Currency) per acre. If exercised, the sale shall close within sixty(60)days from the date of exercise, with time not of the essence. B. If not terminated by the Closing of the option above, LESSOR will reimburse LESSEE for improvements placed on the property by LESSEE. C. This Agreement may not be changed, modified, or terminated, except by an instrument executed by the parties hereto. D. If any term of this Agreement or the application thereof to any person or circumstances shall be declared invalid and unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. E. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules, and this Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both LESSEE and LESSOR have contributed substantially and materially to the negotiation and preparation of this Agreement. F. LESSEE may assign this Agreement to any entity substantially owned or controlled by LESSEE. G. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular shall be held to include the plural, and vice versa, unless the context requires otherwise. The words "herein", "hereof', "hereunder" and other similar compounds of the word "here" when used in this Agreement shall refer to the entire Agreement, and not to any particular provision 0 1 1 F or section. If the last day of any time period stated herein shall fall on a Saturday, Sunday, legal or banking holiday, then the duration of such time period shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday,legal or banking holiday.The term"business day"shall mean any day other than a Saturday, Sunday, legal or banking holiday. H. The parties represent and warrant that they have not utilized the services of any real estate broker in this transaction. IN WITNESS WHEREOF,this Agreement has been duly executed by the parties hereto as of the day and year set forth below. LESSEE ATTEST: BOAR F COUNTY • MISSIONERS DWIGHT E. BROCK, Clerk CO ER UNTYp r A S'a'! E . .rr BY: �e{uty:`" � - Andy Solis, Chairman Aft4t as to Chairman's signature only. LESSOR CG II, LLC, a Florida limited liability company WITNESSES: By: -1;6/4 � � . o • Joph R. Weber, Vice President tikeiLfsk A U uJ Q (Signature) N1 iCke Ile air!CO (Printed Name) (Sign re) -- --W‘.A-(3C"iJ (Printed Name) Approved as to form and legality: Jen'el7er A. Belpedi• Assistant Collier Cou Attorney 1 1 F Farm 8283 Noncash Charitable Contributions 0`.1B No 15.254908 rn..Orembr 2014i Attach to your tax return if you claimed a total deduction of over 5500 for all contributed property Anact•mem O.panR.m of OM Tnmary ,ressna'r:.renu.Sbmc. ► Information about Form 8263 and its separate instructions is al t,,,.w.rrs.Qov;rorrn8283. S.vuenc.Ne. 155 Name(s)shown on your income tax return Identifying number CG II, LLC 06-1668824 Note. Figure the amount of your contribution deduction before completing this form.See your tax return instructions. Section A. Donated Property of$5,000 at Lees and Publicly Traded Securities• List in this section only Items(or groups of s;mitar items)for which you claimed a Seduction of$5,000 or less.Also list publicly traded securities even it the deducton is more than$5,000(see instructions). 1 Part l Information on Donated Property- II you need more space,attach a statement. 1 lel Name and address a1 the (b)tdonatad property Is•.ah CU.Shack ~ —(c)Description 01 donated properly Yt.Ws.Alec Wet In.vsh W IMnbf c•u ' (Fes•V.a ct.MIM iv.yd,meat Tedd,and Weide. donee organization i nweb.Iunteaa Form reaa•C Int attuned; For securities onto tile company name end Me numbed•lams) LJA • B l� Note.if the amount you claimed as a deduction to an item is S500 or less,you do not have to comi.lete columns(c),(I),and fill. NV of a1. (,a)Cd.o tei.d 1 -(i)"t .qufred (g1Oa aa coat a (h)Far mah l+a4w (i)Mated used to determine the lair _.__,._....._._._.—atpdkn _ ...1 char I_- P! bl�0t'4�.. �. . id $red ba.�a_ I .ins+nuucnU market value A _ C [Pert II J Partial Interests and Restricted Use Property-Complete lines 2a through 2e if you gave less than an entire inte-est in a properly listed in Part I.Complete lines 3a through 3c it conditions were placed on a contribution listed in Part I;also attach the required statement(see instruct'ans). 2 a Enter the letter from Part I that Identifies the property for which you gave less than an entire interest ► If Part II applies to more than one property,attach a separate statement b Total amount claimed as a deduction for the property listed in Part I: (1)For this tax year ► (2)For any prior tax years ► c Name and address of each organization to which any such contribution was made in a prior year(complete oray if different from the donee organization above): Nam.of anaotabl•apanual on Address(number drew,end room or a:t.no Cay Or town 6111..Ord ZIP cod. d For tangible properly,enter the place where the property s located or kept 10- • Name Name of any person,other than the donee organization,having actual possession of the property ► __ Yes No 3 a is there a restr.ctian,either temporary or permanent,on the donees right to use or dispose of the donated property? b Did you give to anyone(other than the donee organization or another organization participating with the donee organization in cooperative fundraising)the right to the income from the donated property or to the possession of the property,including the right to vole donated securities,to acquire the property by purchase or otherwise,or to designate the person having such income,possession,or right to acquire? e Is there a restriction Lrniting the donated property for a particular use? ff I LI-IA For Paperwork Reduction Act Notice,see separate Instructions. Form 8283(Rev.12.2014) 10101 04.01.1-7 Farm 8283(Rev.12-2014) 11 F Names)shown on your income lax return Pays 2 Ideetihying number CG II LLC 06-1688824 Section B. Donated Property Over$5,000(Except Publicly Traded Securities)- Complete this section for one item(or one group of similar items)for which you claimed a deduction of^.are than$5,000 per item or group(except contributions of publicly traded securities reported in Section A).Provide a separate farm for each property donated unless it is part at a group of similar items.An appraisal is generally required for property listed in Section 8.See instructions. Part I I Information on Donated Property- To be completed by the taxpayer and/or the appraiser. 4 Check the box that describes the type of properly donated: a Q Art-(contribution of S20,C00 or more) d U Art'(contribution of less than$20,000) g [D Collectibles" i Other E Q Qualified Conservation Contribution e Other Real Estate h I I Intellectual Property c Equipment f 71 Securities I t I Vehicles 'M.Ae,eos aarbnga,3Culrrita.a.,,a1a;A:,a,y:nla,drawurga.caam,:a-anl,.,tip_ascorati,,VCG.WORM:waft,..x.,a,to..manufwbfa.nalor'cil memo,aa.11a ane 030s,ecndar objecta Ct:ecl.braa ind:,de coin.,ata-,pa,ben'''.Cr.,.irmrrY Spon rbernant thy nava,tic.but rot art as aann.d annee Note. In certain cases.you must attach a aua'itied aporaisai of the property.See instructions. 5 (a) Description of donated property(ii you need (b)If Langible property was donated,give a brief summary of the more space,attach a s (c) esed feir separate statement) prone) physical condition o.rhe property at the time of the gilt market value A 61 ACRES — SEE EXHIBIT A SEE APPRAISAL 8 C D - )I — (4).Oate See Inst;uctiona acquired by Ie)Now acaaireC (I) Donor's cost or (Q) Fol bargain saes, donor by donor adjusted basis enter amount receiver! (p)Amount claimed as a 1 (mo..ser.; deduction (') Date o1 contribution, A 107/03 URCHASE 12,000,000. 05/04/18 1 C — 0 Part II Taxpayer(Donor)Statement-List each item included in Part I above that the appraisal identifies as having a value of S500 or less.See instructions. f declare that the fc!towtn;item(s)included In Part I above has to the best of my knowledge and belief an appraised value of not more Man 5500(per item).Enter Identifying fetter from Part and describe the specific item.See instructions.► Signature of taxpayer(donor) ► Date ► —V Part Ill Declaration of Appraiser I declare that!am not Ins ay,a,are acre..a early to ut.aanWeltae,a,thick he ay:a'aeyve.d pi.'opry empay.e by a,.:algid fa any U ate laegamg moo,,,a mariea la env ori,who h 1e4:e0 to any al Ns is-.ming nor Wry Ara 1 reaper!),..a40 fly N,data,Corea,$party la eV>anLl:ben.I pee yerea Ne mo Giry of,ry apysiws dying my!AA y am'Si Cite p ax.a. oboe I:ecl:,e hat I aafarm apps-airs an a ra7+:ar:ova:and ha:becaaa of Illy r,.,c•rcabona aa dsscr ben n b••sp;nlaao:un Q.,al,iie.:to aW•engram),of In.rm.of 7oporty being valued_l cn-t'y ha'Oe=rya-sal fee,wan no(boson M a pacenlage of II.=Of ws.d p.opaty•ua!u.Fee/wino:.,I understand Val a false a fraudulent ovorlLremerl of ate y'Cper y seat,.as.,ascribed!n:lie 'ass tied ancrai,al a this Ferm$ail may.spot me IS he gamily under.octant 600 Its)(.Yong ern abertetg:be UM 010-5431001111l CI tae 11asMty)In a 0t'l On I unlit'stand'out I may be sennet in a Penalty undo$,coon&IOU II:'now,a:satcnably a!:oul.knc,ma:my appraisal is lobe used in corn.:rr_n-tifb a rat n a claim fa r.hrd and,au=alar:,ai a Yost,a uatnn m.sateta-.n!re.aJta ban,my appelsal.I anew teal I have not ben,bared Sam c,.aerl na ertneec.a'n%Smney by I.-.e C fret at ira'eas'aeol P.eararvb ir, Sign Here sign.:,,.. ► ixa It. Oafs► 9.sinm edoeas(Ircrudine-Dorn or.a.lerro; Identifying number C ty ar town,state,std ZIP cob (Part IV 1 Donee Acknowledgment-Tobe completed by the charitable organization. This charitable organization acknowledges that It is a qualified organization under section 170(c)and that it received the donated property as described in Section 8,Part I,above on the following dale ► 05/04/18 furthermore,this organization affirms that In the event it sells,exchanges,or otherwise disposes of the property described in Section B,Part I (or any portion thereat) within 3 years atter the date of receipt,it will{deform 8282, Donee Information Return,with the IRS and give the donor a copy of that form.This acknowledgment does not represent agreement with the claimed lair market value. Does the organization intend to use the property for an unrelated use? or. Q Yes i I No t,aiee at chartable organization(donee) Employer identification number COLLIER COUNTY, FLORIDA 59 -6 C'xt ' 5 Address(number,street, room or suite no.) City or town,stale,and ZIP code • 3 3 tyl Au _1.; -r NAPLES, FL 34112 Authorized sig ure Title Date Ch iirrnall 5/411) 716032 aa•ot-fr Form 8283(Rev.12-2014) 1165 roved as to form and lr 60501 765826 DLBCGII 2017.03040 CG II, LLC PP DLBCGII1 • ::\_` T F. SHOCK, Clerk. Attest as to VtZ411�11�A .._. �/� Ass' tans County A It ucy � /4 J -- w,.tu 11. I 1 1 F r N89'13'01"E GAG 71 Lc ti I an 1 n C' 0 1 .201 N (:N116MN0 DISPLAY:CAIS 1-,.J ti89'13'O1'E 500.00' \ Z N110`47'00-W 455.0r- • N89'13'00'=411.68'-1 3 o5 c7 V ff O 2_ O F Y O O Z S86'27'31'W 06.56' • _ N89_00'01'E 3728_95' 589"OWIDIVI 1487.52 r 7 (a LANA OF A.1?CF SFC'ss nw 49•AGE 741 N I\ •POM GF BEGINNING MIDPOINT CF EAST LINE_J PON T OF Or SECTION 35 COMMENCEMENT: WEST114 CORNER OF SECTION 35 E k DESCRIPTION A PORTION OF SECTION 35, TOWNSHIP 45 SCUTI I, RANGE 26 EAST, COLUER COUNTY, FLORIDA, BONG ACRE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLUER COUNTY g FLORICA; THENCE NORTH B9'OO'01' EAST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE OF SJR 3728.95 FEET TO THE PONT OF BEGINNING; THENCE NORTH NOT A SURVEY DO'46'38" WEST DEPARTING SATO SOUTH UNE, A DISTANCE OF 1103.12 FEET; THENCE NORTH 89'13'00" EAST, A DISTANCE OF i I4IAEBY CERTFr, IO THE BEST OF MY KNOWLEOCE E 41;.65 FEET; THENCEANO BELIEF, 11w rwE LFIw1l AESCRIPIIC11/JIO G NORTH 00'47'OO' WEST, A DISTANCE OF ATTACHED SKETCH WERE PREPARED IN M;COROANCE ix 465.61 FEET; THENCE NORTH 89'13'01" EAST, A DISTANCE Cr will,THE APPLICABLE PRONSTONS OF CHAPTER 506.60 FEET; THENCE NORTH 00'46'59" WEST, A DISTANCE OF SJ-17.D5, F_ORID.A AOMNISTRATNE CODE, PURSUANT 4 633.97 FEET; THENCE NORTH 89'13'01- EAST, A DISTANCE OF TD CHAPTER 472. iLORIpA STATUTES. B 646.71 FEE' TO AN INTERSECTION CF 'THE EAST LINE OF SAID 5 SECTION 35; THENCE SOUTH 00'30'14' EAST ALONG THE SAID EAST LINE, A DISTANCE OF 2194.13 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH 1/2; THENCE SOUTH 8617'31" BARRY E SIREN(FORT THE FINN L.B. 642)--' WEST ALONG THE SOUTH UNE CF THE NORTH 1/2 OF SAJD FLORIOA CERTIFFIAL ICCATE NO.5 65 SECTION 35, A DISTANCE OF 66.96 FEET: THENCE SOUTH E 139100'01' WEST ALONG THE SAID SOUTH LINE. A DISTANCE OF DATE SIGNED: < 1487.52 FEET TO THE POINT OF BEGINNING. P. NOT VALID WITHOUT THE SIGNATURE AND ORIGIN& a PARCEL CONTAINS 61.00 ACRES, MORE OR LESS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. JO 2360WWEE MIG,WC. 2310 S41ROCC ovum SA 34:12 KETCH AND DESCRIPTION �If:(7.91 q,-G6] • ENGINEERING FAk:+411;434-1320 0;:2 040 .M.CLi . ,.z�a �u� <KL, t_6 a. 11/2017 20170213 35-40-26 I'._00' I y 1 Lxh A Z M D CD AO `� CD 1 1 F-< r N. , 5,t! CD . -< Wv oF5C 03 , 0 D7. 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