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Agenda 04/14/2015 Item #16F1 4/14/2015 16.F.1. EXECUTIVE SUMMARY Recommendation to approve an assignment of transportation impact fee credits in the amount of $4,164,676.22 held by Centex Homes arising out of a Developer Contribution Agreement—Heritage Bay dated July 27, 2004, recorded in the official records of Collier County at Book 3627,Page 3196,et seq. • OBJECTIVE: That the Board of County Commissioners (Board) approves an assignment of transportation impact fee credits in the amount of$4,164,676.22 held by Centex Homes arising out of a Developer Contribution Agreement—Heritage Bay dated July 27, 2004, recorded in the official records of Collier County at Book 3627, Page 3196,et seq. CONSIDERATIONS: A Developer Contribution Agreement—Heritage Bay that provided for impact fee credits was approved by the Board of County Commissioners on July 27, 2004 (Item 10.J). Section 74-205(n) of the Collier County Code of Laws and Ordinances states the following: " Impact fee credits shall not be assigned or otherwise transferred from one development to another development except by written agreement executed by the county, and then,shall only be transferable from one development to another development within the same or adjacent impact fee district for the same type of public facility impact fee. This assignment or transfer may be to commercial and/or residential developments. .....". The beginning balance of the Centex credit ledger was for transportation impact fees paid on July 27, 2004 in the amount of$4,073,618. An additional $5,907,536 was paid on September 17,2007,totaling$9,981,154. Impact fee credits have subsequently been applied to building permits issued for the development and the current ledger balance is $4,435,055.47. Credits in the amount of $270,379.25 for forty seven (47) remaining units within the development will be retained in the existing credit ledger, resulting in an assignment of impact fee credits to the Golf Club of the Everglades in the amount of$4,164,676.22. FISCAL IMPACT: The County received $9,981,154 in prepaid transportation impact fees and the Developer is now requesting a portion of those credits be assigned to a development within the same or adjacent transportation impact fee district. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality,and requires majority vote for approval. -JAK /"∎ Packet Page-1179- 4/14/2015 16.F.1. RECOMMENDATION: Recommendation to approve an assignment of a portion of prepaid transportation impact fee credits in the amount of$4,164,676.22 held by Centex Homes. Prepared by: Paula Fleishman, Senior Operations Analyst Office of Management and Budget Capital Project Planning, Impact Fees and Program Management Attachments: 1. Assignment of Impact Fee Credits 2.Developer Contribution Agreement Packet Page-1180- 4/14/2015 16.F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.1. Item Summary: Recommendation to approve an assignment of transportation impact fee credits in the amount of$4,164,676.22 held by Centex Homes arising out of a Developer Contribution Agreement—Heritage Bay dated July 27, 2004, recorded in the official records of Collier County at Book 3627, Page 3196, et seq. Meeting Date: 4/14/2015 Prepared By Name: FleishmanPaula Title: Operations Analyst, Senior,Business Management&Budget Office 3/11/2015 10:46:57 AM Approved By Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 3/12/2015 11:09:12 AM Name: PattersonAmy Title: Manager-Impact Fees&EDC,Business Management&Budget Office Date: 3/12/2015 3:36:20 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 3/13/2015 9:52:38 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/30/2015 2:39:18 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/31/2015 11:32:27 AM Packet Page -1181- L12+ 4/14/2015 16.F.1 . DEVELOPER CONTRIBUTION AGREEMENT HERITAGE BAY THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and i E :� entered into this 27th day of July, 2004,by and between Bayvest, LLC, a Florida limited liability a g company ("Bayvest") whose address is 10491 Six Mile Cypress Parkway, Suite 101, Fort Myers, -6 g Florida, 33912-6404, and Centex Homes, a Nevada general partnership ("Centex") whose address Q, is 5801 Pelican Bay Boulevard, Naples, Florida, hereinafter collectively referred to as "Developer," and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13. Cs 1101 110 C'S ■o RECITALS: mo N d WHEREAS, Developer has legal trot-over.or is the owner of approximately 2,562 acres a ° �i of property in unincorporated Collyr-So*r_,______-A:c>fithich is the site of a Planned Unit °r, as Development ("PUD") and Develop 'en'of Region jri "DRI") known as Heritage Bay N w PUD/DRI, which PUD DocumeritCandDRI Development Oter'Were respectively approved by the p County on July 29, 2003, by Ordip'at eNo:�0 and R lutron 03-255/Development Order n e ?s No. 03-01; and; �/ pep w WHEREAS, as generall (sei fo in Sit o l the PUD and in Exhibit"A" to the o Heritage Bay PUD Master P) n gr4fiilde d. nd teAgally described in Exhibit"A" zi herein, certain land within afiCaipng the western bo dary of,t&e PUD was reserved for future r?, , • - Collier Boulevard/County Road `' 1 by the County"*add ti*Right of Way (hereinafter " o w referred to as the"Dedicated Lan')• d °' L- 1C WHEREAS, Developer has ee waiv ` t to apply for a credit against any Road Impact Fees owed, for the conveyance to the of the Dedicated Land; and o a 'O A H 10 01 WHEREAS, Developer pre-paid the Park Impact Fees to the County on September 18, 2003, in the total amount of TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000.00); and 0/ m 00 WHEREAS, Developer either has legal control over, or is the record title owner of certain 0 lands described in Exhibit"B" (hereinafter referred to as"The Development") attached hereto and incorporated herein by reference, and upon which lands improvements have been authorized as set forth in the PUD/DRI, which upon development in the near future will be subject to the imposition of park and road impact fees; and WHEREAS, the Transportation Administrator and Public Services Administrator have recommended to the Board of County Commissioners that the plan for donation and pre-payment of impact fees as set forth in this Agreement ("Proposed Plan")is in conformity with contemplated improvements and additions to the County's parks system and transportation network and that it Packet Page -1182- OR: 362, 4/14/2015 16.F.1 . will be advantageous to the public for Developer to pre-pay estimated park and road impact fees and, to donate and contribute certain ofd site right of way as described herein which are required to be made pursuant to a development order; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement based upon the Heritage Bay PUD/DRI approved by the County upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road or park impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system and park system; yE,R c c. The Proposed Plan• •nlistetnt with�� public interest and with the County's existing compryeilsi`,;e'plan; d. Except for the right of ay.d t`on`for which'impact fee credits are waived, the proposed tim sch-. r,. r s� e-the poied Plan is consistent with the fit most recentl adopted 'ejyear ap r.r� ement program for the County's transportatio sS' `'p ark 044 and WHEREAS, Developer as paid the Two ti-, and Fliteklundred Dollars ($2,500.00) application fee for this Agreem'e ` ; \ON", ----",e„,/ NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The following commitments with respect to Transportation, set forth in Section 2.21 of Ordinance No. 03-40, are hereby set forth and expressly made a part of this Agreement: A. The Developer shall provide arterial level street lighting at the project entrances in conjunction with the construction of same. B. The Developer shall make a fair share contribution toward the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if 2 Packet Page -1183- OR: 362,4/14/2015 16.F.1 . deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. C. The Developer shall dedicate a 100-foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the property north to the conservation/preserve area (approximately the mid-point of Section 14), which is a distance of generally 1 '/z mile, to the County. The Developer shall receive no impact fee credits for the dedication. The dedication shall take place within the timeframe established by Subsection 2.2.20.3.7 of the LDC. D. If the county acquires the needed right-of-way at the intersection of County Road 951 and Immokalee Road (not owned or controlled by the Developer), then the Developer shall construct for a distance of/z mile from the intersection a 2-lane access road within the 100-foot dedicated right-of-way. The Developer shall receive no impact fee credits for the cost of such construction. E lob a1f construct this 2-lane access road to arterial standar0 nti a iiiulti W arterial cross section. )7 `\ \ E. Within 45 day /of execution-of this Agreement, the Developer shall prepay to the County"SEVE1fLIQN IIFTY SEVEN -THOUSAND SIX HUNDRED FIFTY TWO-11410 § ; „ '4 ENTS ($7,057,652.50) of the Heritage Ba}• trot ctpfa r ' e t s•se''of advancing the six laning of Immokale�e } -J51 o COiliel. Boulevard and from Collier Bouleygfd\to the eastern bountilary of theifeiritage Bay project. Collier County\iA\already modified thOnmok/Lat#Road construction project east of Collie 1pulevard (project #6001x)/(9, ovide six lanes on Immokalee Road from Co*Boulevard p t��` aeastern boundary of Heritage bay and has advanced°the des -ttai I; 2005 and the construction of the six laning of Immoka�eelua r in-I-75 to Collier Boulevard to Fiscal Year 2006, unless unforeseen circumstances make it impossible to meet this schedule. F. The road impact fee prepayment of SEVEN MILLION FIFTY SEVEN THOUSAND SIX HUNDRED FIFTY TWO DOLLARS AND FIFTY CENTS ($7,057,652.50) shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment. Supplementing this provision, Developer shall determine the mix of uses and types and number of dwelling units at the time of Prepayment, and Certificates shall be issued for those uses and types and number of dwelling units. Should Developer wish additional vesting prior to platting, Developer may in writing request additional prepayment of road impact fees, which request may be accepted, in whole or in part, or rejected by the County, in the County's sole and 3 Packet Page -1184- OR: 362,4/14/2015 16.F.1 .Vied unfettered discretion. G. The Developer shall not request a full median opening on Immokalee Road, nor on County Road 951, any closer than 1/2 mile from the intersection of said roadways. However, a right-in and right-out access may be constructed on either or both of these roadways within that '/2 mile distance at the '/4 mile distance from the intersection. H. The Developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than '/2 a mile north of its current terminus at Immokalee Road, or (2) after July 1, 2006 and together with the completion of the Lee/Collier Project Development and Environmental Study for County Road 951 Extension and approval of the "no build.loption by respective Lee and Collier County Commissions, or( y Building permits for dwelling units which meet,te s gui el 'e \workforce or affordable housing are exempt fro`rl�i.and shall not be includ calculating the 2,588 dwelling unit building periit-limitation. \ J L` 3. The following tinth :. P°aks and Recreation, set forth in Section 2.22B of Ordinan Noi 0 (axe her y, ffs;. : d expressly made a part of this Agreement: t^ �� - ff A. The De; er agrees to prep 2. rnil on in park impact fees to the County vut4im 45 days of the a ye(ace of this Agreement. This amount shall be cred against the p it acf�fees due from the Development. Additionally 13i fl _ lld tmate $717,000 to the County for use in developing region .a }de's. This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. 4. Developer shall convey the Dedicated Land to the County in fee simple, free and clear of all liens and encumbrances, by statutory warranty deed, the form of which is attached hereto as Exhibit "C". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work or by the Developer's attorney opinion attached hereto as Exhibit"D". Developer will promptly provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. 5. Prior to providing the executed deed, Developer will provide attorneys' opinions identifying the record owners of the Dedicated Land, setting forth the authority of the record -- owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance 4 Packet Page -1185- OR: 362.4/14/2015 16.F.1 . on the Dedicated Land. The opinion will specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. The attorneys' opinions will also set forth the legal authority of Michael Hueniken to execute this Agreement on behalf of Bayvest, LLC and Michael McLeod on behalf of Centex Hones. 6. The parties acknowledge that the conveyance of the Dedicated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 7. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. The County acknowledges that the adoption of the Heritage Bay PUD/DRI established development standards for sidewalks and bicycle paths within the Heritage Bay PUD. The developer acknowledges the requirem,.• o 'DC.section 3.2.8.3.17 for the construction of a sidewalk or bike path for those p frti: ,.• a ' a.4 dp nent adjacent to an arterial roadway. The county has requested and the dev •- has a2reed-Tiat,ther construction of a pathway system running on the north side of Inimlee Road,north of theanalLand within the water management district right of way adjacent/to Lterita.ge,13iyTwouldlneet die requirements of Section 3.2.8.3.17. The developer may either riistafl, s,�pa gay • pameiit in lieu of to the County (estimated at this time to be$25A1 for lint kal .#d.path�iwav). If the developer elects to — make the payment in lieu of ith Co t�, en'thev' oper end the county staff must agree to the cost of the constructioitica` n` g°desiJttug;in 'lation, and construction management. The developer s� 50 days from the d of thi'seement to notify the County in writing of his election. If thedoper elects to mak' aRaymeitt m lieu of to the County, then the payment must be negotiated County staff and a aicl i"thin 45 days of election. The installation of the pathway will roc`i conjuncti= --. i §t e widening project and must be completed within 60 days of the complo f thfb • ••• alee Road improvements. The county agrees to issue plat approvals and building permits for construction within Heritage Bay prior to the installation of the pathway system. The pathway system will be 10 feet in width and run the length of Heritage Bay adjacent to Immokalee Road. Actual design specifications will be based upon those utilized by the county for similar pathway projects constructed in the area. As stated in Paragraph 2.C, the developer has agreed to dedicate 100 feet of right-of-way along the western boundary of the Heritage Bay property. The purpose of this is to allow the possible extension of County Road 951 north of Immokalee Road. In addition to other commitments made herein relative to that donation, the county and the developer agree that the eastern most 10 feet of that 100 foot dedication maybe used by the county for the creation of a pathway transportation system. If the county chooses not to use that portion of the 100 foot right-of-way then the county waives any right to request additional right-of-way from the developer relative to the pathway program. It is further agreed by the county and the developer that the developer will be responsible for the installation of the first half mile of the pathway system with that construction being made simultaneous to the construction of the two lane arterial extension of County Road 951 as required by this development agreement. Design shall be for a 10 5 Packet Page -1186- OR: 362,4/14/2015`16.F.1 .• INIO Yell foot wide pathway utilizing design specifications as for similar pathway projects installed by the County in the area. It is also agreed,that if County Road 951 is extended beyond the one half mile point, the developer will either construct or make a payment in lieu of to the County for use in constructing an additional one mile pathway system in lieu of any requirement for the establishment of sidewalk and bikepaths by the developer adjacent to this future arterial as maybe required by the current LDC or future LDC Standards. This provision regarding the pathway system shall expire and be null and void if the county has not issued a notice to proceed for the construction for this 951 extension by 2012 or the time of application for the final SDP within Heritage Bay or which ever occurs first. Plat approvals and building permits will be issued in recognition of these commitments. The developer agrees to connect the sidewalks identified in the PUD's bicycle and pedestrian plan to the internal roads and bridges connecting to Immokalee Road. Said sidewalks will be 6 feet wide and on each side of each bridge and will meet the requirements of the ADA. 9. The credit for the Impact e specific Public Facility identified in this Agreement shall run with the lan1,4, e� evelepm nt d shall be reduced by the entire amount of the Impact Fee for that Publiqcrlity due for eating Permit issued thereon until the Development project is eitherr'comli1eted or the credits are exhausted or are no longer available, or have been assigned by operation/of or-putsuantiO an'assignment agreement with the County. The foregoing reduction in the Impact hb a ate based on the amount of the Impact Fees for that Public Facility inf ee tat tie : t e permit is applied for. The credit shall specify the specific '1., fot Pub F�1i pact p e too v�v hick it shall apply(roads or parks) and shall not apply to any . ,typ �hc aci Iris t The burdens of this Agreement shall be binding upon, and tki . ` efits of this Agree`'ent Shaltinure to, all successors in interest to the parties to this Agreement.. > t} 10. The amount of the i pa t ee-credit o4 e canted under this agreement is SEVEN MILLION FIFTY SEVEN THOUSAND-SIB J RED FIFTY TWO DOLLARS FIFTY CENTS ($7,057,652.50) for the Road impact Fee Prepayments and TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000.00) for the Parks Impact Fee Prepayments. Attached hereto as Exhibit "E", in recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth the amount of Impact Fee Credits granted pursuant to this Agreement. 11. Not later than 90 days prior to the expiration of the three year period for the Certificates, the County shall notify the Developer via registered mail of the remaining balance due for the estimated transportation impact fees for which Certificates have been issued, based on level of building permits already issued. The balance of the impact fees due for this Certificated will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificates apply or modify the Certificates to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificates shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are 6 Packet Page -1187- OR: 3621 4/14/2015 16.F.1 . non-refundable. However, the Certificates run con inuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at a rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificates are modified to delete those entitlements. 12. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or 'ctions. A� , _ C LI 13. The performance , dveX'ecntion ofrthis' KJgreement shall be carried out in conformance with the Risk Manage, ent Guidelines establi e by the County's Risk Management Department as more particularly described-in Exhibit "F" attachehereto and incorporated herein by reference. /ti :.{ ?q� \ 14. In the event $tate?pr fed la s' e ,0, , the;execution of this Agreement, which are applicable to and pt ti'Wha o�}e arm art the narktes ?compliance with the terms of this Agreement, then in such` t this Agreement shall be modi or revoked as is necessary to comply with such laws, in amajr which best reflecejinten trf' this Agreement. 15. Except as other ie 'ded herein, tliis' ;eement shall only be amended or cancelled by mutual written consent tlieP-arta� o y their successors in interest. 16. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14)days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to Developer upon request. 17. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "G". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 18. Any future reimbursement for excess credits shall come from future receipts by the County of Park and/or Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator and/or Public Services Administrator, at the location that was subject to the credit has been completed. Such 7 Packet Page -1188- OR' 362',4/14/2015 16.F.1 . reimbursement shall be made over a period of five (5) years from the completion of the Development. 19. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: ' c c t,r; BOARD OF COUNTY COMMISSIONERS DWIGHT,-E?BROCI ,Clerk COLLIER CO , FLORIDA, R C• By:- 4 . _. Mi r • By: a .� j.44...a. c� P ty Cleric DONNA IALA`Chairman Attest-as 40,.pi imp s/s tature 6itl jr. r WITNESSES: B N ST, TALC a Flo 'da limited iability ompafny ,l,..„.1 41 Print N • 1k' f( 5 t4 rib u _ iehael'/USH I N '' . ' g USH, Inc . ('� aging Member Print- e: 'L_-&y \...., t Q t Its Vice President STATE OF FLORIDA COUNTY OF _The foregoing instrument was acknowledged before me this AS day of ( 1zJy , 2004, by Michael Hueniken, as Vice President of Bayhome USH, Inc., Managing Member of Bayvest, LLC. He is [ ] personally known to me, or [ ] has produced driver's license no. as identificati . deATeC.e..-0?:_,,,e___,„,./ 8 Packet Page -1189- OR: 3627 4/14/2015 16.F.1 . NOTARY PUBLIC (SEAL) Name: iie/4 mt M�a E'✓ (Type or Print) My Commission Expires: "- y '7"O' 7 elis. Patricia Linden Ai MY Commission oonrsot �« Esyees August 04 2007 v-cR COO 0 P \7k., ,0 CIS 9 Packet Page-1190- OR: 362 4/14/2015 16.F.1 . WITNESSES: CENTEX HOMES, a Nevada general partnership By: Z1 Print Name: ‘4447d h A2AN1 t Centex Real Estate Corporation, A Nevada Corporation. Its managing member P �t Name: .. . (A) a' . STATE OF FLORIDA COUNTY OF (Q]\W The foregoing instrum gt_.,1w-as aacknowled ed f is [ day of Llui q 2004, by ��Ci Lt m tal „"<" •'tir1. of Centex Homes. He is VII personally known to me, or [ j hatproduced driver's Iicen-Ka2o.\ as identification. r/s e \� It (C\ \O f' . , ;PUBLIC j (SEAL) Name: UU "': '11 I1'Fa ( prilty ` = My Commission a -tres: MARCI RAE PHIWPSq f ri) MY COMMISSION di DO 164708 \-11> ,1" EXPIRES:November 13,2(08 C Pe 11 L/ 14 OD SNOTARY Ft Wary Service&Bordrg.Iry ,•„R L`,-L I Approv I• . pre n and legal sufficiency: die 11u► Jeffrey A. : r! ow Assistant •ttorney 10 Packet Page -1191- OR: 362 i 4/14/2015 16.F.1. LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" Legal Description of Dedicated Lands and graphic rendering of the Development. Exhibit `B-1" Legal description of Bayvest Lands "B-2" Legal description of Centex Lands Exhibit "C" Statutory Warranty Deed Exhibit "D-1" Attorneys Title Opinion Bayvest "D-2" Attorneys Title Opinion Centex Exhibit Impact Fee Credit Ledgers: "E-1" Bayvest for Roads "E-2" Centex for Ro.ad4xt"E-3" Bayvest for . R COLT A, Centex f• '. 1' , Exhibit "F" A Copy o -the isk .. r •• - t Gui'elins applicable to this Agreement. Exhibit "G" Coll er •unty . .t v. ••. : 0h1 Procedure �. C . -TILE CIO 11 Packet Page -1192- OR: 362' 4/14/2015 16.F.1 . Exhibit"A° LEGAL DESCRIPTION Being a portion of Sections 14 & 23 Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 14 &23, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southwest corner of Section 23, thence N.00°50'35"W. along the West line of Section 23, a distance of 100.01 feet to the POINT OF BEGINNING; thence, continuing along the West line of Section 23, N.00°50'35"W., a distance of 2,569.34 feet; thence N.00°50'56"V11., a distance of 2,668.82 feet to the Northwest corner of Section 23 and the Southwest corner of Section 14; thence N.00°49'48"W. along the West line of Section 14, a distance of 2,672.30 feet; thence, leaving said West line of Section 14, N.53°42'39"E., a distance of 24.91 feet; thence N.67°51'43"E., a distance of 21.12 feet; thence S.78°34'00"E., a distance of 25.00 feet thence S.53°49'33"E., a distance of 44.59 feet thence S.00°4g48"E., a distance of 2,662.26 feet;-thW . °50'56"E., a distance of 2,668.81 feet; thence S.00°50'35"E., a distance of 2,570.85 fee' erac :8 'Z W a distance of 100.01 feet to the POINT OF BEGINNING. <'0 is ,t1\; 18.19 acres, more or f Subject to easements, restriciions „ati , fid w,•I.- • - 'record. r f 1 ° Bearings are based on the West li e Of the „ u �_ - 23 as being N00 50'35-W. \') 1..1 1 7,�_ . 0 • ,fir 1�- Packet Page -1193- OR 4/14/2015 16.F.1. ........"'...."'" 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New Directions In Planning,Design&Engineering B a y v e s t Lands OR: 3627 PG: 3209 LEGAL DESCRIPTION Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southeast corner of Section 24, Township 48 South, Range 26 East; thence N.01°14'51"W., a distance of 100.02 feet to the POINT OF BEGINNING; thence N.89°58'00'W., a distance of 2,638.89 feet; thence N.89°58'37"W., a distance of 2,516.97 feet to a point on a curve; thence along the arc of a non-tangent curve concave to the West, having for its elements a radius of 180.00 feet, a central angle of 18°56'23", a chord of 59.23 feet, a chord bearing of N.00°36'34'W., an arc distance of 59.50 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the Southwest, having for its elements a radius of 375.00 feet, a central angle of 14°15'02', a chord of 93.03 feet, a chord bearing of N.17°12'17'W., an arc distance-@93.2.7 feet to a point of compound curvature; thence along the arc of a tangent t i 1, e v re,,Southwest, having for its elements a radius of 280.00 feet, a central. 9�e. °58'1 dfi rd.of 177.56 feet, a chord bearing of N.42°48'57"W., an arc distance '80.68 feet to a point -reverse curvature; thence along the arc of a tangent curve con ev `e t he-Nor heast, having for its elements a radius of 40.00 feet, a central angle of 08°12'44", a.chofitf5.7 chord\bearing of N.57°11'44'W., an arc distance of 5.73 feet to a point of to \along the arc of a tangent curve concave to the Southwest♦ haE ng itsr elem 4 n ra�of 360.00 feet, a central angle of 07°40'14", a chord of 48.1 et,�a ,cord beann g, of N',� 55"30' N., an arc distance of 48.20 feet to a point of reverse �c r atti e;thence alonggthe `arc- o f, tangent curve concave to the Northeast, having for its elements a radius of 190.00.ffeet, a;ce itral angle of 58°26'56', a chord of 185.53 feet, a chord bearira of N.31°32'09" f � a �arc,"'a~iistance of 193.82 feet; thence N.02°18'41'W., a distance of 1 feet to a point oa. ucvature; thence along the arc of a tangent curve concave to the Easst avi for its elerri ` ,,a radius of 1890.00 feet, a central angle of 08°10'52", a chord of 269:64. .f t &Yc or biealng of N.01°46'46"E., an arc distance of 269.87 feet to a point of cusp; thence'`aldrngthe-arc of a non-tangent curve concave to the Northwest, having for its elements a radius of 730.00 feet, a central angle of 23°00'09", a chord of 291.11 feet, a chord bearing of N.69°52'52"E., a distance of 293.07 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Southeast, having for its elements a radius of 470.00 feet, a central angle of 06°14'47", a chord of 51.21 feet, a chord bearing of N.61°30'11"E., an arc distance of 51.24 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northwest, having for its elements a radius of 230.00 feet, a central angle of 44°13'45", a chord of 173.17 feet, a chord bearing of N.42°30'42"E., an arc distance of 177.55 feet; thence N.20°23'49"E., a distance of 297.40 feet to a point on a curve; thence along the arc of a non tangent curve concave to the Northeast, having for its elements a radius of 330.00 feet, a central angle of 33°01'28", a chord of 187.59 feet, a chord bearing of N.40°27'48'W., an arc distance of 190.21 feet; thence N.23°57'04'W., a distance of 89.54 feet to a point on a curve; thence along the arc of a non tangent curve concave to the Northwest, having for its elements a radius of 430.00 feet, a central angle of 52°48'14", a chord of 382.41 feet, a chord bearing of N.43°38'51"E., an arc distance of 396.29 feet; thence S.89°30'35"E., a distance of 291.49 feet; thence S.87°58'25"E., a distance of 164.81 feet; thence N.88°10'39"E., a distance of 190.57 feet; thence N.88°59'22"E., a distance Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4571 Colonial Boulevard •Fort Myers,Florida 33912.239.939.1020 • Fax 239.939.7479 PAGE 1 OF 3 wllsonm/ller com 5/17/2004 20=V .621-GRASH.ORD D{2.205001-satT.0152 0 Packet Page -1195- '7° • OR: 36.4/14/2015 16.F.1. WilsOnMiller LEGAL DESCRiPTION Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida of 166.65 feet; thence S.88°56'16"E., a distance of 149.32 feet; thence N.89°31'16"E., a distance of 139.07 feet; thence N.89°40'46"E., a distance of 230.22 feet; thence S.89°19'35"E., a distance of 155.10 feet; thence N.88°24'26"E., a distance of 218.14 feet; thence N.01°22'58"E., a distance of 927.59 feet; thence N.21°47'57"E., a distance of 391.48 feet; thence N.28°17'20"E., a distance of 190.21 feet; thence N.12°10'59"E., a distance of 299.09 feet; thence N.07°56'42"E., a distance of 77.53 feet; thence N.04°26'52"E., a distance of 138.12 feet; thence N.21°21'56"E., a distance of 700.45 feet; thence N.73°43'21"W., a distance of 5.43 feet; thence N.31°47'35"E., a distance of 117.82 feet; thence S.82°26'17"E., a distance of 54.75 feet; thence S.79°17'56"E., a distance of 76.80 feet; thence N.79°45'22"E., a distance of 109.31 feet; thence N.51°55'31"E., a distance of 44.51 feet; thence N.12°26'48'W., a distance of 54.47 feet; thence N.04°42'52"E., a distance of 100.62 feet; thence N.26°24'51'W., a distance of 132.45 feet; thence- 5 a distance of 114.96 feet; thence N.33°53'11'1N., a distance of 80; 9 feet-then A7°02'08"W., a distance of 95.88 feet; thence N.31°03'58'W., a distaf f A 13.23 feet; thenc& .19°42'29'W., a distance of 77.43 feet; thence N.18°58'07"W., a tis{ante of 99.15 feet; thence N.09°09'58'W., a distance of 127.56 feet; thence N.07°59'11"E.,` . istance-of--8 :65 feet; thence N.04°34'03"E., a distance of 88.03 feet; thence N.12°42'24"E., a'Aiitence df 151.66 feet; thence N.16°35'04"E., a distance of 147.18 feet; thence`�N,.•{ x (11 ' a at n�e``of` 0.89 feet; thence N.21°00'29"E., a distance of 98.19 feet; thence N.211 61`27,'E), istan f 719.29 feet; thence N.04 00 26'W., "`th ` ° {., , E ist ,e of 112.57 feet; thence a distance of 71.26 feet; � eC1�ae 'AL.�Q8.r0 'rN• � , ,��, N.00°25'15"W., a distance '65.37 feet; thenceIN.07Y3510 1N., a distance of 84.46 feet; thence N.19°52'10"W., a distAoce of 62.40 feet; t ncg N. '°00'39"W., a distance of 50.18 feet; thence N.24°33'09'W., istance of 87.86 feet-Ale-rite, N.39°15'38'W., a distance of 74.17 feet; thence N.42°51'42"W.; `distance of 55.72•-fe0om.thence N.75°15'30'W., a distance of 75.06 feet; thence N.06°47'16"E7 d stance-of -9842edt; thence N.11°09'27"W., a distance of 71.52 feet; thence N.18°29'29"V�f. - itis(aric,or 86.64 feet; thence N.02°32'04"W., a distance of 70.78 feet; thence N.13°06'52"E., a distance of 80.21 feet; thence N.02°11'35"E., a distance of 51.22 feet; thence N.57°45'30'W., a distance of 31.60 feet; thence N.36°04'22'W., a distance of 17.68 feet; thence N.22°03'21'W., a distance of 38.91 feet; thence N.38°19'34'W., a distance of 62.73 feet; thence N.06°48'48"E., a distance of 256.83 feet; thence N.56°49'22"E., a distance of 230.89 feet; thence N.37°06'38"E., a distance of 307.08 feet; thence N.01°33'58"W., a distance of 220.27 feet; thence N.47°55'49"E., a distance of 261.06 feet; thence S.50°20'34"E., a distance of 238.48 feet; thence N.79°05'16"E., a distance of 44.71 feet; thence N.66°54'39"E., a distance of 198.99 feet; thence N.88°19'41"E., a distance of 309.14 feet; thence S.81°11'47"E., a distance of 382.30 feet; thence S.58°54'22"E., a distance of 212.84 feet; thence S.61°55'11"E., a distance of 69.00 feet; thence N.27°24'54"E., a distance of 326.91 feet; thence N.23°54'05"E., a distance of 52.09 feet; thence N.06°19'58"E., a distance of 45.01 feet; thence N.16°00'11"W., a distance of 225.09 feet; thence N.36°39'53'W., a distance of 161.08 feet; thence N.53°19'35'W., a distance of 170.55 feet; thence N.87°40'44"W., a distance of 222.13 feet; thence N.26°13'42"E., a distance of 257.95 feet; thence S.76°33'40"E., a distance of 135.04 feet; thence N.50°04'55"E., a distance of 317.50 feet; thence N.47°15'05"E., a distance of 238.71 feet; thence S.85°43'54"E., a PAGE 2 OF 3 sft7l•1W4)6232 V. Oa-GRASifORD 14041.2-2/71.001-ST-6152 Packet Page-1196- OR: 36"4. 4/14/2015 16.F.1 . W ____ LEGAL DESCRIPTION Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida distance of 224.24 feet to the East line of Section 13; thence S.00°5728"E., along said East line of Section 13, a distance of 2,313.38 feet; thence S.01°00'51"E., a distance of 1,348.99 feet; thence S.01°01'37"E., a distance of 1,349.74 feet; thence S.01°04'52"E., a distance of 1,336.42 feet; thence S.01°05'01"E., a distance of 1,336.52 feet; thence S.01°14'51"E., a distance of 1,337.28 feet; thence continue S.01°14'51"E. along said line, a distance of 1,237.25 feet to the POINT OF BEGINNING. Containing 694.95 acres, more or less. Subject to easements, restrictions, reservations and rights-of-way of record. Bearings are based on the Eas it Quarter of Section 24 as being S01°14'51-E. P •° .e.--\ See attached sketch. Prepared by: (TACT—Pc, ' il Wi! •nMiller, Inc.1 • ( % ' \Z , 7^- \ May 17, 2004 Stephen ° rek, Professional Surge ox & Mapper � K 7" Date Florida R-• .tration No. LS 3273 d' 7.'i Not valid without the signature and the origina raised seal of a Florida licensed Surveyor and Mapper. P.I.N.: N0442-016-004 GCSOO Ref.: D-0442-123 Date: May 17, 2004 PAGE 3 OF 3 5/17R034-76232 Vv,6R-GRtSFFORD NWO3442-207-061-SPEY.E152 Packet Page -1197- WiIsónfvliIIe( Exhibi 4/14/2015 16.F.1 . ' Centex Lands New Directions In Planning,Design&Engineering OR: 3627 PG: 3212 EXHIBIT "B' LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southwest corner of Section 23, Township 48 South, Range 26 East, Collier County, Florida; thence S.89°58'23"E., along the South line of Section 23, a distance of 2,641.45 feet; thence, leaving said South line of Section 23, N.00°15'09'W., a distance of 100.00 feet to the POINT OF BEGINNING; thence along the arc of a non tangent curve concave to the West, having for its elements a radius of 118.00 feet, a central angle of 28°53'50", a chord of 58.88 feet, a chord bearing of N.18°36'13'W., an arc distance of 59.51 feet; to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a rad' ' e e-feet, a central angle of 13°08'54", a chord of 34.35 feet, chord bearing of ' ' ar r distance of 34.42 feet to a point of a 9 ,� 2�. a, r^�.. reverse curvature; thence along'tl rd of a tangen . u ve\concave to the Southwest, having for its elements a radius of 330.04Jeet, a central angle~ai125°34'24", a chord of 146.07 feet, a chord bearing of N.32°41'26'W< rr arc mdistance,.:of 147,29'feet; thence N.45°28'37'W., a distance of 104.04 feet to a/point of urvatur-; thence.along the arc of a tangent curve concave to the Northeast, having for its men L a j';-° ° 0:1 0 t, a central angle of 15°53'40", a _ chord of 60.83 feet, a chord bearing``d`f .3 °31'4„Y4ana ra distance of 61.03 feet to a point of reverse curvature; thence-alpr g er f.a farigent,urve concave to the Southwest, having for its elements a radius of\38Q.00`feet, a central mangle of 14°31'103", a chord of 128.82 feet, a chord bearing of N.39°20'29�t F;�,an arc distance o `1229.44 eet o a point of reverse curvature; thence along the arc of a tangs t Curve concave to£he s ,�k+aving for its elements a radius of 25.00 feet, a central angle\ofr $ 55 30 , a cho �1of '1.78 feet, a chord bearing of N.09°38'15"W., an arc distance of,. ,fee, th..erce: 3 437'55"W., a distance of 60.48 feet to a point of curvature; thence along the cidf`ctiip Jarig'ent curve concave to the West, having for its elements a radius of 270.00 feet, a-'central angle of 32°13'36", a chord of 149.87 feet, a chord bearing of N.12°14'56"E., an arc distance of 151.86 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the East, having for its elements a radius of 830.00 feet, a central angle of 10°16'52", a chord of 148.73 feet, a chord bearing of N.01°16'34"E., an arc distance of 148.93 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 1,970.00 feet, a central angle of 07°05'19", a chord of 243.57 feet, a chord bearing of N.02°52'21"E., an arc distance of 243.73 feet; thence S.89°19'41'W., a distance of 201.14 feet; thence N.07°40'28"W., a distance of 559.75 feet; thence N.81°39'32"E., a distance of 226.39 feet; thence N.00°43'28"E., a distance of 516.79 feet; thence N.87°12'19"E., a distance of 13.62 feet; thence N.77°07'12"E., a distance of 78.83 feet; thence N.02°34'15"W., a distance of 68.59 feet; thence N.23°26'54"E., a distance of 29.53 feet; thence N.01°24'05"E., a distance of 42.24 feet; thence N.48°26'28'W., a distance of 77.89 feet; thence N.36°55'08"W., a distance of 26.16 feet; thence N.27°46'40"E., a distance of 44.86 feet; thence N.24°39'05"E., a distance of 43.81 feet; thence N.47°37'59"E., a distance of 50.78 feet; thence N.15°33'57'W., a distance of 53.93 feet; thence N.82°37'59'W., a distance of 107.97 feet; thence S.89°20'02'W., a distance of 2051.72 feet; thence N.00°39'58"W., a distance of 60.00 feet; thence S.89°20'02'W., a Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4571 Colonial Boulevard •Fort Myers,Florida 33912•239.939.1020• Fax 239.939.7479 PAGE 1 OF 4 wilsonmiller.coin 11/162003-2 en vr.01A-GRAS-FORD GOAKI M044.2-016-032-SL.GL-71113i N Packet Page -1198-nro OR: 362 4/14/201516.F.1 . WiIsönMiIIer EXHIBIT `B" LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida distance of 151.53 feet; thence N.00°50'56"W., a distance of 2,660.08 feet; thence N.00°49'48"W., a distance of 2,662.26 feet; thence N.53°49'33'W., a distance of 44.59 feet; thence N.78°34'00"W., a distance of 25.00 feet; thence S.67°51'43"W., a distance of 21.12 feet; thence S.53°42'39'W., a distance of 24.91 feet to a point on the West line of Section 14; thence N.00°49'48"W., along the West line of Section 14, a distance of 3.95 feet, thence N.00°52'01"W., along the West line of Section 14, a distance of 2676.08 feet to the Northwest corner of Section 14; thence N.89°58'39"E., along the North line of Section 14, a distance of 5,253.22 feet to the Northeast corner of Section 14 and the Northwest corner of Section 13; thence S.89°57'19"E., along the North line of Section 13 a distance of 2,641.56 feet; thence S.89°55'35"E., a distance of 2,627.05 feet_to the Northeast corner of Section 13; thence S.00°57'28"E., along the East line of :- v• 1 i'a 5ance of 333.46 feet; thence, leaving said East line of Section 13, N.85°9' ).-a-distance-'4/.44.24 feet; thence S.47°15'05'W., a distance of 238.71 feet; th n ' 5.50°04'55"IIV, � 'sstance of 317.50 feet; thence N.76°33'40'W., a distance of 1 X04 feet; thence S.26°'1 '42",,W.� a distance of 257.95 feet; thence S.87°40'44"E., a distance c 22 .1'a--feet;-thence S�53 '19 35��E., a distance of 170.55 feet; thence S.36°39'53"Ei a ii t ,ce 0 fe the'ice\S.16°00'11"E., a distance of 225.09 feet thence S.06°1!J'588it1l.�;a istacloe pf 5. ee , thence S.23°54'05'W., a distance of 52.09 feet; thence S.27°2 'W i dis c e-of 32 .914t; thence N.61°55'11"W., a distance of 69.00 feet; thence °.5�. �22;`x!` tan 21 . feet; thence N.81°11'47"W. a distance of 382.30 fe thence S.88°19'41 IV., a di`s"ance of 309.14 feet; thence S.66°54'39'W., a distance cif498.99 feet; thence. 79°0S' ;%W., a distance of 44.71 feet; thence N.50°20'34"W., a distafr�ceaof 238.48 feet; the .� :47/55'49"W., a distance of 261.06 feet; thence S.01°33'58"E., a�i ista?p of 220.27 feet tt ice S.37°06'38'W., a distance of 307.08 feet; thence S.56°49'22' ., 'dis° ee-of-23 :89�t; thence S.06°48'48"W., a distance of 256.83 feet; thence S.38°1 9'34"E.;a i�t he •l 2:73 feet; thence S.22°03'21"E., a distance of 38.91 feet; thence S.36°04'22"E., a distance of 17.68 feet; thence S.57°45'30"E., a distance of 31.60 feet; thence S.02°11'35'W., a distance of 51.22 feet; thence S.13°06'52"W., a distance of 80.21 feet; thence S.02°32'04"E., a distance of 70.78 feet; thence S.18°29'29"E., a distance of 86.64 feet; thence S.11°09'27"E., a distance of 71.52 feet; thence S.06°47'16'W., a distance of 42.98 feet; thence S.75°15'30"E., a distance of 75.06 feet; thence S.42°51'42"E., a distance of 55.72 feet; thence S.39°15'38"E., a distance of 74.17 feet; thence S.24°33'09"E., a distance of 87.86 feet; thence S.04°00'39"E., a distance of 50.18 feet; thence S.19°52'10"E., a distance of 62.40 feet; thence S.07°35'10"E., a distance of 84.46 feet; thence S.00°25'15"E., a distance of 65.37 feet; thence S.08°09'40"E., a distance of 112.57 feet; thence S.04°00'26"E., a distance of 71.26 feet; thence S.21°16'27"W., a distance of 79.29 feet; thence S.21°00'29"W., a distance of 98.19 feet; thence S.28°19'13"W., a distance of 100.89 feet; thence S.16°35'04'W., a distance of 147.18 feet; thence S.12°42'24'W., a distance of 151.66 feet; thence S.04°34'03"W., a distance of 88.03 feet; thence S.07°59'11"W., a distance of 85.65 feet; thence S.09°09'58"E., a distance of 127.56 feet; thence S.18°58'07"E., a distance of 99.15 feet; thence S.19°42'29"E., a distance of 77.43 feet; thence S.31°03'58"E., a distance of 113.23 feet; thence S.27°02'08"E., a distance of 95.88 feet; thence S.33°53'11"E., a distance of 80.19 PAGE 2 of 4 11/102003.29073 Vr 01A-GRAS FORD N�'O44'2-016002-&GL.7931 Packet Page -1199- OR' 362'.4/14/2015 16.F.1 . WiI$nM:IIer EXHIBIT `B" LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida feet; thence S.20°55'33"E., a distance of 114.96 feet; thence S.26°24'51"E., a distance of 132.45 feet; thence S.04°42'52"W., a distance of 100.62 feet; thence S.12°26'48"E., a distance of 54.47 feet; thence S.51°55'31"W., a distance of 44.51 feet; thence S.79°45'22'W., a distance of 109.31 feet; thence N.79°17'56"W., a distance of 76.80 feet; thence N.82°26'17'W., a distance of 54.75 feet; thence S.31°47'35"W., a distance of 117.82 feet; thence S.73°43'21"E., a distance of 5.43 feet; thence S.21°21'56"W., a distance of 700.45 feet; thence S.04°26'52'W., a distance of 138.12 feet; thence S.07°56'42'W., a distance of 77.53 feet; thence S.12°10'59'W., a distance of 299.09 feet; thence S.28°17'20'W., a distance of 190.21 feet; thence S.21°47'57"W., a distance of 391.48 feet; thence S.01°22'58"W., a distance of 927.59 feet; thence S.88°24'26 stance of 218.14 feet; thence N.89°19'35'W., a distance of 155.10 feet; thence - ' 6 I distance of 230.22 feet; thence S.89°31'16'W., a distance of 13 9A� et;-thence` 56'16"W., a distance of 149.32 feet; thence S.88°59'22'W. a distan*,1 166.65 feet; thence, -88°10'39'W., a distance of 190.57 feet; thence N.87°58'25'W., ,2 c`istance of 164.81 feet; thence N.89°30'35'W., a distance of 291.49 feet to a point of curvature; ew a abrng-the arc of knori tangent curve concave to the Northwest, having for its elements radi 914_Q�0 feet a central angle of 52°48'14", a chord of 382.41 feet, a chord bearing I \ '48 "`11Y.,, (gets distance of 396.29 feet; thence _ S.23°57'04"E., a distance of 89154 feet\ta6 a loin COO atu(e; thence along the arc of a tangent curve concave to the Northeast;havirig"forits eler. entsca..tadiirtof 330.00 feet, a central angle of 33°01'28", a chord of 1\;59 feet, a chord beTacing of 8.4p/27'48"E., an arc distance of 190.21 feet; thence S.20°24W., a distance of .4O fee to a point of curvature; thence along the arc of a tangent cunv ncave to the North*esf '°having for its elements a radius of 230.00 feet, a central angle\`of 44 7.113'45", a cho tof...,173.17 feet, a chord bearing of S.42°30'42"W., an arc distance of.4 7:p t-to-apoi`reof'reverse curvature; thence along the arc of a tangent curve concave to the-870.411 Teast aavmg for its elements a radius of 470.00 feet, a central angle of 06'14'47", a chord of 51.21 feet, a chord bearing of S.61°3011 l"W., an arc distance of 51.24 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the North, having for its elements a radius of 730.00 feet, a central angle of 23°00'09", a chord of 291.11 feet, a chord bearing of S.69°52'52'W., an arc distance of 293.07 feet to a point of curvature; thence along the arc of a non tangent curve concave to the East, having for its elements a radius of 1,890.00 feet, a central angle of 08°10'52", a chord of 269.64 feet, a chord bearing of S.01°46'46"W., an arc distance of 269.87 feet; thence S.02°18'41"E., a distance of 801.21 feet to a point of curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a radius of 190.00 feet, a central angle of 58°26'56", a chord of 185.53 feet, a chord bearing of S.31°32'09"E., an arc distance of 193.82 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Southwest, having for its elements a radius of 360.00 feet, a central angle of 07°40'14", a chord of 48.16 feet, a chord bearing of S.56°55'30"E., an arc distance of 48.20 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a radius of 40.00 feet, a central angle of 08°12'44", a chord of 5.73 feet, a chord bearing of S.57°11'45"E., an arc distance of 5.73 feet to a point of reverse curvature; thence along the arc PAGE 3 OF 4 11/11Y2OO7-29677 Ver O1A-GRAS,fORD CAW -016002.gtt.7031 Packet Page -1200- OR: 362 i 4/14/2015 16.F.1 . WilspnMiller EXHIBIT"B' LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida of a tangent curve concave to the Southwest, having for its elements a radius of 280.00 feet, a central angle of 36°58'19", a chord of 177.56 feet, a chord bearing of S.42°48'5T'E., an arc distance of 180.68 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 375.00 feet, a central angle of 14°15'02", a chord of 93.03 feet, a chord bearing of S.17°12'17"E., an arc distance of 93.27 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 180.00 feet, a central angle of 18°56'23", a chord of 59.23 feet, a chord bearing of S.00°36'34"E., an arc distance of 59.50 feet; thence N.89°58'37'W., a distance of 126.35 feet; thence N.89°58'13"W., a distance of 2,638.89 feet; thence N.89°58'23"W., a distance of 0.49 fee the POINT OF BEGINNING. Containing 1,720.02 acres, more Ai 7 Subject to easements, restrictions/reservations and rights f w of record. Bearings are based on the VV,esiiifirle,of-the—Sarthwest Quarter of Section 23 as being N00°50'35'W. f 1 E See attached sketch. Prepared by: , '= ` 10 WilsonMiller, Inc. f �:► \ -C , , .. _._� November 19. 2003 Stephen P. k, Professional Surveyor& Mapper Date Florida Regi- tion No. LS 3273 Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. P.I.N.: N0442-016-002 MASLD Ref.: D-0442-098 Date: November 19, 2003 PAGE 4 OF 4 11,1W2001-29613 We 01A•GRASIFORD r 2-016�e-SLGL.7931 Packet Page -1201- OR 4/14/2015 16.F.1 . Exhibit "C" This instrument was prepared by: Charles Mann Name PAVESE, HAVERFIELD, Address DALTON,HARRISON&JENSEN,L.L.P. 1833 Hendry Street Post Office Drawer 1507 FORT MYERS,FLORIDA 33902 Grantee S.S No.: Property Appraiser's Grantee S.S.No.: Parcel Identification No.: WARRANTY DEED(STATUTORY FORM-SECTION 689.02,F.S.) This Indenture,made this day of ,2004,Between BAYVEST,L.L.C., a Florida limited liability company,whose mailing address is 10707 Clay Road,Houston,Texas 77041,grantor,and COLLIER COUNTY,a political subdivision of the State of Florida whose post office address is ,grantee*, Witnesseth that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS,and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,situate,lying and being in Lee County,Florida,to-wit: See attached Exhibit"A" Subject to easements,reservations and restrictions of record and taxes for the current and all subsequent years. and said grantor does hereby fully warrant the title see and,.and will defend the same against the lawful claims of all persons whomsoever. � � ��.\`� *'Grantor and gratltee/are used for singular or phittl;as context requires. In Witness Whereof,grant has herettul��to-sset'glanto s,hand anal seal.the day and year first above written. (IT Signed,sealed and delivered in plt7-• s �,�j t3 BA `-� tzA Flori to li[itNed`liability company by t, ,:litrayhoiineXiSilia Florida corporation,its Managing Witness#1 \✓f to ®/ Printed name of Witness#1 \(%ti ,),k� 2-11 1� Mike Hueniken,Vice-President Witness#2 Printed name of Witness#2 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2004, by Mike Hueniken,Vice-President of Bayhome USH,a Florida corporation,Managing Member of Bayvest,LLC, a Florida limited liability company,personally known to me,on behalf of the corporation. Notary Public Printed name of Notary Public My Commission Expires: Packet Page -1202- Ex: 4/14/2015 16.F.1 . Page 1. Ot l PAVESE, HAVERFIELD,DALTON,HARRISON&JENSEN,L.L.P. A FLORIDA LIMITED LIABILITY PARTNERSHIP ATTORNEYS AND COUNSELORS AT LAW OR. 3627 1 D(!V: 3 217 httpJ/paveselaw.00m 1933 HENDRY STREET FORT MYERS,FLORIDA 33901 POST OFFICE DRAWER 150T FORT MYERS,FLORIDA 33902-1601 (239) 334-2196 FAX(239)332-2243 CHARLES MANN PLEASE REPLY TO (239)3968242 FORT MYERS OFFICE July 28, 2004 Board of County Commissioners of Collier County,Florida Collier County Government 3301 E. Tamiami Trail Naples,FL 34112 -o _ ,T RE:Heritage Bay Develo ` Ag Bement-Attorn 's Opinion Dear Commissioners: This Opinion is giv \an P e BoalydLof Commissioners of er u�. �tp ty Collier County,Florida(the"Countyto pt the dedication or cbnve, auae of the real property described in the attached Exhibit "A",� �is incorporated h= ', ."y reference,ce, said land being located in Collier County,Florida(the" ' ) The undersigned is a fi gn censed,;� ,,F�v�ri �1'1�r;,Number 310750,authorized to practice law in the State of Florida. The undersie_ h[ed record title information to the Property, and,based on Lawyers Title Insurance Corporation Policy No. 136-00-994245,effective November 14,2003 at 11:01 pm,and a search of the public records of Collier County,Florida,is of the opinion that, as of July 1, 2004, (i) the record owner of the Property is Bayvest, L.L.C., a Florida limited liability company, and (ii) there are no lienholders, liens or other similar financial encumbrances upon the Property. The undersigned has also examined information obtained from the Secretary of State of Florida, and from Bayvest, L.L.C., and Bayvest, L.L.C. is current and active within the State of Florida and has the power and authority to convey or dedicate the Property to the County. 4635 S.DEL PRADO BLVD. 461 S.MAIN STREET SUITE 203 SURE 309 P.O.BOX 86 P.O.DRAWER 2260 4524 GUN CLUB ROAD 16501 1RIRDOCK CIRCLE CAPE CORAL FLORIDA LABEL.LE.FLORIDA WEST PALM BEACH,FLORIDA PORT CHARLOTTE,FLORIDA 33610-0066 33675 33415 33952 (239)542-3148 (663)6755600 (561)471-1366 (641)255-3065 FAX(239)542-0653 FAX(663)6754998 FAX(561)471-0522 FAX(941)2553905 Packet Page -1203- OR; 362.4/14/2015.16.F.1 . Exhibit "D-1" Page 2 of 2 July 28, 2004 — Page 2 The exact name and title of the person authorized to execute the instruments on behalf of Bayvest, L.L.C. in conjunction with the conveyance or dedication of the Property is Michael Hueniken as Vice-President of Bayhome USH, s e., ;.�' s ember of Bayvest L.L.C.. Very .� • , • .7.4' L•Ifni I CM:gs FAY DATANCMCLIENTS1U.S.Hann\Heritage Bsy1AmarneY Opinion Ltr.7-22.04'.'+pd - r) 1, 4 1 rrE Packet Page -1204- OR: 362'.4/14/2015 16.F.1 . Exhibit"A" LEGAL DESCRIPTION Being a portion of Sections 14 & 23 Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 14 &23, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southwest corner of Section 23, thence N.00°50'35"W. along the West line of Section 23, a distance of 100.01 feet to the POINT OF BEGINNING; thence, continuing along the West line of Section 23, N.00°50'35"W., a distance of 2,569.34 feet thence N.00°50'56"W., a distance of 2,668.82 feet to the Northwest corner of Section 23 and the Southwest corner of Section 14; thence N.00°49'48"W. along the West line of Section 14, a distance of 2,672.30 feet; thence, leaving said West line of Section 14, N.53°42'39"E., a distance of 24.91 feet; thence N.67°51'43"E., a distance of 21.12 feet; thence S.78°34'00"E., a distance of 25.00 feet thence S.53°49'33"E., a distance of 44.59 feet thence S.00°49'48"E., a distance of 2,662.26 feet thence S.00°50'56"E., a distance of 2,668.81 feet; thence S.00°50'35"E., a distance of 2,570.85 feet th erA 3"W. a distance of 100.01 feet to the POINT OF BEGINNING. / , Containing 18.19 acres, more or less. ./' \ Subject to easements, restrictio r(, reser ns andhfs- y of reco •. '/ ter o- -� r, ° Bearings are based on the West Pint of i`e��oi tnNest I i arte�r f n 2: as being N00 50'35 W Packet Page -1205- OR: 362' 4/14/2015 16.F.1 . SIESKY, PILON & WOOD Exhibit D-2 a partnership of professional associations ATTORNEYS AT LAW JAMES A.PILON,PA. SUITE 201,THE FAIRWAY BUILDING Board Certified Real Estate Attorney 1000 TAMIAMI TRAIL NORTH SIESKY&WOOD,P.A. NAPLES,FLORIDA 34102-5481 JAMES IL SIESKY DOUGLAS A.WOOD PATRICIA J.POTTER July 20,2004 Board of County Commissioners of Collier County,Florida Collier County Government 3301 East Tamiami Trail. Naples,FL 34112 Re: Developer Contribution Agree �t H aY Dear Commissioners: - This opinion is given as an inducement to lte Board of Count)XCommissioners of Collier County, Florida(the"County") to execute tlre.l Cl• _- ', ,buti6 greement for Heritage Bay. The undersigned is a lice at o1 ey,\\F ri'd 1 ar Number 0900206, authorized to practice law in the State of Florida. The undersigned has examinedycorporate infc:141i0on obtained from the Secretary of State for the state of Nevada,the S cretary of State for then ate pf Flt3da,Centex Real Estate Corporation and Centex Homes. Centex Real EStftec,orporation is a I evada'@ poration current and active within the State of Nevada and registered to do `tisi ,ss in the State o Florida. Centex Homes is a Nevada general partnership, current and active within State .ada 'registered to do business in the State of general partner of Centex Homes and has the Florida. Centex Real Estate Corporation istt t �g g p power and authority to execute instruments on behalf of, and to fully bind Centex Homes. The exact name and title of the person authorized to execute the instruments on behalf of Centex Homes is Michael McLeod as assistant secretary of Centex Real Estate Corporation as managing general partner of Centex Homes. Sincerely, SIESKY, PIL• & 00 / Wr �•� Douglas A. Wood FBN 0900206 DAW/dlt G:\Apps\WP51\Centex Homes 6600.00 Ltr to Board of County Commissioners 7-20-04.wpd TEI EPI4ONE 239-263.8282 FACSIMILE 239-263-7611 Packet Page -1206- OR 4/14/2015 16.F.1 . EXHIBIT"E-1" DEVELOPER'S(BAYVEST, LLC)ROAD IMPACT FEE CREDIT LEDGER SHEET IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of /"\ Road Impact Fee Credits applying ONLY to the following property: (Insert Legal Description) See Exhibit"B-1"attached. Beginning Balance $2,984,034.50 DEVELOPER CO.OFFICIAL REPRESENTATIVE DATE PERMIT NO. ROAD IMPACT IMPACT FEE CREDIT FEES DUE BALANCE (Signature) (Signature) �O \ mom/ 1 1 1 � iI ;, ,AL / E GIRC�1� 447928_1 ... - -- - -- - - - --- - Packet Page -1207- WilsoeMiller® Exhibi 4/14/2015 16.F.1 . New Directions In Planning,Design&Engineering Bay v e s t Lands f�D• 3627 PG: ��LEGAL DESCRIPTION OR: 362 l ►G: 3222 Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southeast corner of Section 24, Township 48 South, Range 26 East; thence N.01°14'51"W., a distance of 100.02 feet to the POINT OF BEGINNING; thence N.89°58'00"W., a distance of 2,638.89 feet; thence N.89°58'37'W., a distance of 2,516.97 feet to a point on a curve; thence along the arc of a non-tangent curve concave to the West, having for its elements a radius of 180.00 feet, a central angle of 18°56'23", a chord of 59.23 feet, a chord bearing of N.00°36'34"W., an arc distance of 59.50 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the Southwest, having for its elements a radius of 375.00 feet, a central angle of 14°15'02", a chord of 93.03 feet, a chord bearing of N.17°12'17°W., an arc dist�-af-93.27 feet to a point of compound curvature; thence along the arc of a tangent ou tt c v t .,Southwest, having for its elements a radius of 280.00 feet, a central of gie f36°58'19",s.. irtl.,of 177.56 feet, a chord bearing of N.42°48'57'W., an arc distance/4''1:80.68 feet to a pointfareverse curvature; thence along the arc of a tangent curve concave torte--Northeast, having for-,its elements a radius of 40.00 feet, a central angle of 08°12'44 , afchoid f75.7 eef ;al.chord\eating of N.57°11'44"W., an arc distance of 5.73 feet to a point,ofve � ►ee«along the arc of a tangent curve concave to the Southwest, having for(itl`e ern nts radius of 360.00 feet, a central angle of 07°40'14", a chord of 48.164eet, a oji951 kbear n ,of N 56L55i'30°W., an arc distance of 48.20 feet to a point of reversecurvat`ure, thence atop the-cli c of tangent curve concave to the Northeast, having for its elements a radius of 190.00 feet; apntral angle of 58°26'56', a chord of 185.53 feet, a chord be .� of N.31°32'09" n: arg,,,,;aiatance of 193.82 feet; thence N.02°18'41'W., a distance of\80V2,1`01. 1 feet to a point ofuc atture; thence along the arc of a tangent curve concave to the East, vin for its ele a` s.a radius of 1890.00 feet, a central angle of 08°10'52", a chord of 269 64,feet c o #ng of N.01 46 46 E., an arc distance of 269.87 feet to a point of cusp; thence along. tiearc of a non-tangent curve concave to the Northwest, having for its elements a radius of 730.00 feet, a central angle of 23°00'09', a chord of 291.11 feet, a chord bearing of N.69°52'52"E., a distance of 293.07 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Southeast, having for its elements a radius of 470.00 feet, a central angle of 06°14'47", a chord of 51.21 feet, a chord bearing of N.61°30'11"E., an arc distance of 51.24 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northwest, having for its elements a radius of 230.00 feet, a central angle of 44°13'45", a chord of 173.17 feet, a chord bearing of N.42°30'42"E., an arc distance of 177.55 feet; thence N.20°23'49"E., a distance of 297.40 feet to a point on a curve; thence along the arc of a non tangent curve concave to the Northeast, having for its elements a radius of 330.00 feet, a central angle of 33°01'28", a chord of 187.59 feet, a chord bearing of N.40°27'48"W., an arc distance of 190.21 feet; thence N.23°57'04"W., a distance of 89.54 feet to a point on a curve; thence along the arc of a non tangent curve concave to the Northwest, having for its elements a radius of 430.00 feet, a central angle of 52°48'14", a chord of 382.41 feet, a chord bearing of N.43°38'51"E., an arc distance of 396.29 feet; thence S.89°30'35"E., a distance of 291.49 feet; thence S.87°58'25"E., a distance of 164.81 feet; thence N.88°10'39"E., a distance of 190.57 feet; thence N.88°59'22"E., a distance Offices strategically located to serve our clients 800.649.4336 Foil Myers Office 4571 Colonial Boulevard • Fort Myers,Florida 33912•239.939.1020• Fax 239.939.7479 PAGE 1 OF 3 wllsonmiller.corn 5177/2C01-30232 VW 021.GRAStFORD CoaDO Packet Page 1208 ]170 H0442-203-001-SPLT-8152 _ OR' 362 4/14/2 015 16.F.1 . WilsØnMiller LEGAL DESCRIPTION Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida of 166.65 feet; thence S.88°56'16"E., a distance of 149.32 feet; thence N.89°31'16"E., a distance of 139.07 feet; thence N.89°40'46"E., a distance of 230.22 feet; thence S.89°19'35"E., a distance of 155.10 feet; thence N.88°24'26"E., a distance of 218.14 feet; thence N.01°22'58"E., a distance of 927.59 feet; thence N.21°47'57"E., a distance of 391.48 feet; thence N.28°17'20"E., a distance of 190.21 feet; thence N.12°10'59"E., a distance of 299.09 feet; thence N.07°56'42"E., a distance of 77.53 feet; thence N.04°26'52"E., a distance of 1 38.12 feet; thence N.21°21'56"E., a distance of 700.45 feet; thence N.73°43'21'W., a distance of 5.43 feet; thence N.31°47'35"E., a distance of 117.82 feet; thence S.82°26'17"E., a distance of 54.75 feet; thence S.79°17'56"E., a distance of 76.80 feet; thence N.79°45'22"E., a distance of 109.31 feet; thence N.51°55'31"E., a distance of 44.51 feet; thence N.12°26'48"W., a distance of 54.47 feet; thence N.04°42'52"E. a_distance of 100.62 feet; thence N.26°24'51"W., a distance of 132.45 feet; thence 'r 5 3' . a distance of 114.96 feet; thence N.33°53'11"W. a distance of 80: `fe n 7°02108"W., a distance of 95.88 feet; thence N.31°03'58'�"�., a dista pce' f--113.23 feet; then 19°42'29"W., a distance of 77.43 feet; thence N.18°58'07"W., a distance of 99.15 feet; thence N.09°09'58'W., a distance of 127.56 feet; thence N.07°59'11" ,` stance-of-85. 5 feet,thence N.04 34 03 E., a distance of 88.03 feet; thence N.1;2°42'2 "E., a Tance of 151.66 feet; thence N.16°35'04"E., a distance of 147.18 feet; thence+F .28°0 1r a stance o 0.89 feet thence N.21°00'29"E., a distance of 98.19 feet; thence N21 1 fi� a an a of 719.29 feet; thence N.04°00'26"W., a distance of 71.26 feet;,ihe. `t� 8°09 'W., rya ldi *nce of 112.57 feet thence N.00°25'15'W., a distance\�6,5.37 feet; thenceN.07135'1( 1111/., a distance of 84.46 feet; thence N.19°52'10"W., a distancee of 62.40 feet; t Nj 0'39"W., a distance of 50.18 feet; thence N.24°33'09'W.,``a..-distance of 87.86 f cif nN.39°15'38"W., a distance of 74.17 feet; thence N.42°51'42'W. �a,distance of 55.71t t,,tfence N.75°15'30"W., a distance of 75.06 feet; thence N.06°47'16"E:,a distance-oft t; thence N.11°09'27"W., a distance of 71.52 feet; thence N.18°29'29"W. -a disfar of 86.64 feet; thence N.02°32'04"W., a distance of 70.78 feet; thence N.13°06'52"E., a distance of 80.21 feet; thence N.02°11'35"E., a distance of 51.22 feet; thence N.57°45'30'W., a distance of 31.60 feet; thence N.36°04'22'W., a distance of 17.68 feet; thence N.22°03'21'W., a distance of 38.91 feet; thence N.38°19'34'W., a distance of 62.73 feet; thence N.06°48'48"E., a distance of 256.83 feet; thence N.56°49'22"E., a distance of 230.89 feet; thence N.37°06'38"E., a distance of 307.08 feet; thence N.01°33'58"W., a distance of 220.27 feet; thence N.47°55'49"E., a distance of 261.06 feet; thence S.50°20'34"E., a distance of 238.48 feet; thence N.79°05'16"E., a distance of 44.71 feet; thence N.66°54'39"E., a distance of 198.99 feet; thence N.88°19'41"E., a distance of 309.14 feet; thence S.81°11'47"E., a distance of 382.30 feet; thence S.58°54'22"E., a distance of 212.84 feet; thence S.61°55'11"E., a distance of 69.00 feet; thence N.27°24'54"E., a distance of 326.91 feet; thence N.23°54'05"E., a distance of 52.09 feet; thence N.06°19'58"E., a distance of 45.01 feet; thence N.16°00'11"W., a distance of 225.09 feet; thence N.36°39'53'W., a distance of 161.08 feet; thence N.53°19'35'W., a distance of 170.55 feet; thence N.87°40'44'W., a distance of 222.13 feet; thence N.26°13'42"E., a distance of 257.95 feet; thence S.76°33'40"E., a distance of 135.04 feet; thence N.50°04'55"E., a distance of 317.50 feet; thence N.47°15'05"E., a distance of 238.71 feet; thence S.85°43'54"E., a PAGE 2 OF 3 5/17/2104 30232 Vr.0a-cw,sMFoRD Packet Page -1209- CAM wuz-203-0°+-S0.7,111S2 g OR; 362 4/14/2015 16.F.1 . WiI$nMiller LEGAL DESCRIPTION Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida distance of 224.24 feet to the East line of Section 13; thence S.00°57'28"E., along said East line of Section 13, a distance of 2,313.38 feet; thence S.01°00'51"E., a distance of 1,348.99 feet; thence S.01°01'37"E., a distance of 1,349.74 feet; thence S.01°04'52"E., a distance of 1,336.42 feet; thence S.01°05'01"E., a distance of 1,336.52 feet; thence S.01°14'51"E., a distance of 1,337.28 feet; thence continue S.01°14'51"E. along said line, a distance of 1,237.25 feet to the POINT OF BEGINNING. Containing 694.95 acres, more or less. Subject to easements, restrictions, reservation and rights-of-way of record. -.^east, Quarter of Section 24 as being Bearings are based on the E it ", S01°14'51"E. See attached sketch. \ Prepared by: Wi! .nMiller, Inc. lip -' May 17 2004 Stephen °a rek, Professional Surf,, & Mapper /,S... Date Florida R-:n•tration No. LS 3273°, Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper. P.I.N.: N0442-016-004 GCSOO Ref.: D-0442-123 Date: May 17, 2004 PAGE 3 OF 3 y"/2°°`-'°=2 V`°27-°"" ORD Packet Page 1210 N0.42-203-0°,-SPIT-8152 OR 4/14/2015 16.F.1 . EXHIBIT"E-2" DEVELOPER'S(CENTEX)ROAD IMPACT FEE CREDIT LEDGER SHEET IMPORTANT: This Road Impact Fee Credit Ledger is intended to document the balance of /-..., Road Impact Fee Credits applying ONLY to the following property: (Insert Legal Description) (See Exhibit"B-2"Attached) Beginning Balance $4,073,618.00 DEVELOPER CO.OFFICIAL REPRESENTATIVE DATE PERMIT NO. ROAD IMPACT IMPACT FEE CREDIT FEES DUE BALANCE (Signature) (Signature) _ /t fl( 1 1(71( 1 ) 1 9)7 �_ _. — �-- ;`Y/ I Packet Page-1211- Exhibil 4/14/2015 16.F.1 . Wilson Miller® New Directions In Planning,Design&Engineering Centex Lands OR: 3627 PG: 3226 EXHIBIT "B" LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southwest corner of Section 23, Township 48 South, Range 26 East, Collier County, Florida; thence S.89°58'23"E., along the South line of Section 23, a distance of 2,641.45 feet; thence, leaving said South line of Section 23, N.00°15'09"W., a distance of 100.00 feet to the POINT OF BEGINNING; thence along the arc of a non tangent curve concave to the West, having for its elements a radius of 118.00 feet, a central angle of 28°53'50", a chord of 58.88 feet, a chord bearing of N.18°36'13"W., an arc distance of 59.51 feet; to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a radius 1 T00-feet, a central angle of 13°08'54", a chord of 34.35 feet, a chord bearing of 2§° 2ara\,distance of 34.42 feet to a point of reverse curvature; thence along,At .,aro of a tangen-t4 oncave to the Southwest, having for its elements a radius of 330.bekeet, a central angle 25°34'24", a chord of 146.07 feet, a chord bearing of N.32°41'25"W?, an arc'distanc of 14 i29 feet; thence N.45°28'37'W., a distance of 104.04 feet to a'poirit of curture;,thencea along the arc of a tangent curve concave to the Northeast, having for its/ele en adias�gf'213 0 t, a central angle of 15°53'40", a chord of 60.83 feet, a chord bearing of 3' 31 4 12, an(ar4 distance of 61.03 feet to a point of reverse curvature; thenoe'°sly th�e* JA,ta ent.urge concave to the Southwest, having for its elements a radius ok38 .00 feet, a central`angle bf 19°31;03", a chord of 128.82 feet, a chord bearing of N.39°20'299, an arc distance of- 9.44 feet Xo a point of reverse curvature; thence along the arc of a tang�e trurve concave to l �ast,4having for its elements a radius of 25.00 feet, a central angle'\bfr °55'30", a chord ,o� 1.78 feet, a chord bearing of N.09°38'15'1N., an arc distance of,��' , eet;_.them '63,•87'55"W., a distance of 60.48 feet to a point of curvature; thence along th r 4 3nP - angent curve concave to the West, having for its elements a radius of 270.00 feet, a c..ntra ngle of 32°13'36", a chord of 149.87 feet, a chord bearing of N.12°14'56"E., an arc distance of 151.86 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the East, having for its elements a radius of 830.00 feet, a central angle of 10°16'52", a chord of 148.73 feet, a chord bearing of N.01°16'34"E., an arc distance of 148.93 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 1,970.00 feet, a central angle of 07°05'19", a chord of 243.57 feet, a chord bearing of N.02°52'21"E., an arc distance of 243.73 feet; thence .S.89°19'41"W., a distance of 201.14 feet; thence N.07°40'28'W., a distance of 559.75 feet; thence N.81°39'32"E., a distance of 226.39 feet; thence N.00°43'28"E., a distance of 516.79 feet; thence N.87°12'19"E., a distance of 13.62 feet; thence N.77°07'12"E., a distance of 78.83 feet; thence N.02°34'15'W., a distance of 68.59 feet; thence N.23°26'54"E., a distance of 29.53 feet; thence N.01°24'05"E., a distance of 42.24 feet; thence N.48°26'28'W., a distance of 77.89 feet; thence N.36°55'08"W., a distance of 26.16 feet; thence N.27°46'40"E., a distance of 44.86 feet; thence N.24°39'05"E., a distance of 43.81 feet; thence N.47°37'59"E., a distance of 50.78 feet; thence N.15°33'57'W., a distance of 53.93 feet; thence N.82°37'59"W., a distance of 107.97 feet; thence S.89°20'02'W., a distance of 2051.72 feet; thence N.00°39'58"W., a distance of 60.00 feet; thence S.89°20'02 W., a Offices strategically located to serve our clients 800.649.4336 Foil Myers Office 4571 Colonial Boulevard •Fort Myers,Florida 33912•239.939.1020• Fax 239.939.7479 PAGE 1 OF 4 wflsonmlller.com 11/1°2°°3-2°°"v`01A-GRASM60RD Packet Page -1212-0770 CAM"6442-076-062-SLGL-7031 OR: 362' 4/14/2015 16.F.1 . WilsonMiller EXHIBIT `B" LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida distance of 151.53 feet; thence N.00°50'56"W., a distance of 2,660.08 feet; thence N.00°49'48'W., a distance of 2,662.26 feet; thence N.53°49'33'W., a distance of 44.59 feet; thence N.78°34'00"W., a distance of 25.00 feet; thence S.67°51'43'W., a distance of 21.12 feet; thence S.53°42'39"W., a distance of 24.91 feet to a point on the West line of Section 14; thence N.00°49'48'W., along the West line of Section 14, a distance of 3.95 feet, thence N.00°52'01"W., along the West line of Section 14, a distance of 2676.08 feet to the Northwest corner of Section 14; thence N.89°58'39"E., along the North line of Section 14, a distance of 5,253.22 feet to the Northeast corner of Section 14 and the Northwest corner of Section 13; thence S.89°57'19"E., along the North line of Section 13 a distance of 2,641.56 feet; thence S.89°55'35"E., a distance of 2,627.05 feet to the Northeast corner of Section 13; thence S.00°57'28"E., along the East line of Seet6 1 7c istance of 333.46 feet; thence, leaving said East line of Section 13, N.85°43' 'VtGr . --distan af t2 4 24 feet; thence S.47°15'05"W., a distance of 238.71 feet; t n ;. 50°04'55':"�., di Lance of 317.50 feet; thence N.76°33'40'W., a distance o 4044 feet; thence S.26°'13'42 VW.; a distance of 257.95 feet; thence S.87 40 44 E., a distance o ; 2.13-feeet;-thence S 53 1,9 35 E., a distance of 170.55 feet; thence S.36°39'53"E./ a distance LF't.08 feet the ce 'S.16°00'11"E., a distance of 225.09 feet; thence S.06°19'58''/ did star!c Itl, s.bl ree t ence S.23°54'05'W., a distance of 52.09 feet; thence S.27°2454"W. d dista c "f3.2t .91 feet; thence N.61°55'11"W., a distance of 69.00 feet; then '22 .;'a�di4..tanca 21 4 feet; thence N.81°11'47"W., a distance of 382.30 feet thence S.88°19'41WV., a dtst n'ce of 309.14 feet; thence S.66°54'39"W., a distance ©f)98.99 feet; then�9°05'E1., a distance of 44.71 feet; thence N.50°20'34'W., a distat ce of 238.48 feet; then8 6 55'49"W., a distance of 261.06 feet; thence S.01°33'58"E., a ' stance of 220.27 feet�'tfiten S.37°06'38'W., a distance of 307.08 feet; thence S.56°49'22"\ d'r�sta tce-©f 23p-89 ; thence S.06°48'48"W., a distance of 256.83 feet; thence S.38°19'34"E.,4 2 acre dla2:73 feet; thence S.22°03'21"E., a distance of 38.91 feet; thence S.36°04'22"E., a distance of 17.68 feet; thence S.57°45'30"E., a distance of 31.60 feet; thence S.02°11'35'W., a distance of 51.22 feet; thence S.13°06'52'W., a distance of 80.21 feet; thence S.02°32'04"E., a distance of 70.78 feet; thence S.18°29'29"E., a distance of 86.64 feet; thence S.11°09'27"E., a distance of 71.52 feet; thence S.06°47'16'W., a distance of 42.98 feet; thence S.75°15'30"E., a distance of 75.06 feet; thence S.42°51'42"E., a distance of 55.72 feet; thence S.39°15'38"E., a distance of 74.17 feet; thence S.24°33'09"E., a distance of 87.86 feet; thence S.04°00'39"E., a distance of 50.18 feet; thence S.19°52'10"E., a distance of 62.40 feet; thence S.07°35'10"E., a distance of 84.46 feet; thence S.00°25'15"E., a distance of 65.37 feet; thence S.08°09'40"E., a distance of 112.57 feet; thence S.04°00'26"E., a distance of 71.26 feet; thence S.21°16'27'W., a distance of 79.29 feet; thence S.21°00'29"W., a distance of 98.19 feet; thence S.28°19'13'W., a distance of 100.89 feet; thence S.16°35'04'W., a distance of 147.18 feet; thence S.12°42'24'W., a distance of 151.66 feet; thence S.04°34'03"W., a distance of 88.03 feet; thence S.07°59'11"W., a distance of 85.65 feet; thence S.09°09'58"E., a distance of 127.56 feet; thence S.18°58'07"E., a distance of 99.15 feet; thence S.19°42'29"E., a distance of 77.43 feet; thence S.31°03'58"E., a distance of 113.23 feet; thence S.27°02'08"E., a distance of 95.88 feet; thence S.33°53'11"E., a distance of 80.19 PAGE 2 OF 4 IIfI 2003.29673 Ver.014-GRASrWORD -016. . .793I Packet Page -1213- OR' 362' 4/14/2015 16.F.1 . WilsOnMiller EXHIBIT "B` LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida feet; thence S.20°55'33"E., a distance of 114.96 feet; thence S.26°24'51"E., a distance of 132.45 feet; thence S.04°42'52'W., a distance of 100.62 feet; thence S.12°26'48"E., a distance of 54.47 feet; thence S.51°55'31"W., a distance of 44.51 feet; thence S.79°45'22"W., a distance of 109.31 feet; thence N.79°17'56"W., a distance of 76.80 feet; thence N.82°26'17'W., a distance of 54.75 feet; thence S.31°47'35"W., a distance of 117.82 feet; thence S.73°43'21"E., a distance of 5.43 feet; thence S.21°21'56"W., a distance of 700.45 feet; thence S.04°26'52'W., a distance of 138.12 feet; thence S.07°56'42'W., a distance of 77.53 feet; thence S.12°10'59"W., a distance of 299.09 feet; thence S.28°17'20'W., a distance of 190.21 feet; thence S.21°47'57"W., a distance of 391.48 feet; thence S.01°22'58"W., a distance of 927.59 feet; thence S.88°24'26'W., a distance of 218.14 feet; thence N.89°19'35"W., a distance of 155.10 feet; thence. .,t ° ' ' rya distance of 230.22 feet; thence S.89°31'16"W., a distance of 139 7,�ee ; 46nc�.N °.5616'W., a distance of 149.32 feet; thence S.88°59'22',., a distarc&o 166.65 feet; they 583°10'39'W., a distance of 190.57 feet; thence N.87°58'25"W., a distance of 164.81 feet; ncence N.89°30'35'W., a distance of 291.49 feet to a point of cur iature;' eace along-the-arc of on tangent curve concave to the Northwest, having for its elements a radi'ils_of30.00 fleet, amt central angle of 52°48'14", a chord of 382.41 feet, a chord bearing . T. '.433'38'51''V, a rc ±dist`ance of 396.29 feet; thence S.23°57'04"E., a distance of 89154 feet toy a point of-cur tUre; thence along the arc of a tangent curve concave to the Northeast; rirng'.f ts`e1.e ]ents_. diusof 330.00 feet, a central angle of 33°01'28", a chord of 187.59 feet, a chord bearing sof S °27'48"E., an arc distance of 190.21 feet; thence 5.20°23,4'',., a distance of= .40 fi e`1lo a point of curvature; thence along the arc of a tangent curve-concave to the Northwest having for its elements a radius of 230.00 feet, a central angle\ofr4#`13'45", a chord(.of�1,73.17 feet, a chord bearing of S.42°30'42'W., an arc distance of�1.77 -to t of reverse curvature; thence along the arc of a tangent curve concave to the outhea Yst,having for its elements a radius of 470.00 feet, a central angle of 06°14'47", a chord of 51.21 feet, a chord bearing of S.61°30'11"W., an arc distance of 51.24 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the North, having for its elements a radius of 730.00 feet, a central angle of 23°00'09", a chord of 291.11 feet, a chord bearing of S.69°52'52"W., an arc distance of 293.07 feet to a point of curvature; thence along the arc of a non tangent curve concave to the East, having for its elements a radius of 1,890.00 feet, a central angle of 08°10'52", a chord of 269.64 feet, a chord bearing of S.01°46'46'W., an arc distance of 269.87 feet; thence S.02°18'41"E., a distance of 801.21 feet to a point of curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a radius of 190.00 feet, a central angle of 58°26'56", a chord of 185.53 feet, a chord bearing of S.31°32'09"E., an arc distance of 193.82 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Southwest, having for its elements a radius of 360.00 feet, a central angle of 07°40'14", a chord of 48.16 feet, a chord bearing of S.56°55'30"E., an arc distance of 48.20 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a radius of 40.00 feet, a central angle of 08°12'44", a chord of 5.73 feet, a chord bearing of S.57°11'45"E., an arc distance of 5.73 feet to a point of reverse curvature; thence along the arc PAGE 3 OF 4 71/%2003.29°73 Vw(rm.GRASI*ORD CwOU NOW-016-002- -7Q, Packet Page -1214- oR: 362' 4/14/2015 16.F.1 . WilsonMiller EXHIBIT 4B° LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida of a tangent curve concave to the Southwest, having for its elements a radius of 280.00 feet, a central angle of 36°58'19", a chord of 177.56 feet, a chord bearing of S.42°48'57"E., an arc distance of 180.68 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 375.00 feet, a central angle of 14°15'02", a chord of 93.03 feet, a chord bearing of S.17°12'17"E., an arc distance of 93.27 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 180.00 feet, a central angle of 18°5673", a chord of 59.23 feet, a chord bearing of S.00°36'34"E., an arc distance of 59.50 feet; thence N.89°58'37'W., a distance of 126.35 feet; thence N.89°58'13"W., a distance of 2,638.89 feet; thence N.89°58'23'W., a distance of 0.49 f he POINT OF BEGINNING. Containing 1,720.02 acres, more ss1 �-� Subject to easements, restnctions'reservations and rights f-way of record. Bearings are based on the WestIdine, orlhe Southwest Quarter of Section 23 as being N00°50'35°W. ---' See attached sketch. Prepared by: Ills•nMiller, Inc. .f. November 19, 2003 Stephen P. k, Professional Surveyor& Mapper Date Florida Regi- r ton No. LS 3273 Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. P.I.N.: N0442-016-002 MASLD Ref.: D-0442-098 Date: November 19, 2003 PAGE 4 OF 4 I V 19!200129073 Vac 010,GRAS FORD -0,6000-SLGL.7431 Packet Page -1215- OR 4/14/2015 16.F.1 . EXHIBIT"E-3" DEVELOPER'S (BAYVEST, LLC) PARK IMPACT FEE CREDIT LEDGER SHEET IMPORTANT: This Park Impact Fee Credit Ledger is intended to document the balance of Park Impact Fee Credits applying ONLY to the following property: (Insert Legal Description) (See Exhibit"B-1"Attached) Beginning Balance $ 1,176.812.00 DEVELOPER CO.OFFICIAL REPRESENTATIVE DATE PERMIT NO. PARK IMPACT IMPACT FEE CREDIT FEES DUE BALANCE (Signature) (Signature) i __J- ....., _,.=,_ r0 -R Co,--) . 1y G� � � ■ ... (7,671) ITAYL 1 _ \A-.: '4- ---V-1Lji r1ECl' Ili WI/ 1 I T -1 I _ _ I 1 1 --- 447935_1 - Packet Page -1216- WiIsónMiIIer ' Exhibit 4/"B-1Y 16.F.1 . New Directions In Planning,Design&Engineering Bay V e s t Lands LEGAL DESCRIPTION OR: %WL! DG• 3231 Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southeast corner of Section 24, Township 48 South, Range 26 East; thence N.01°14'51"W., a distance of 100.02 feet to the POINT OF BEGINNING; thence N.89°58'00"W., a distance of 2,638.89 feet; thence N.89°58'37"W., a distance of 2,516.97 feet to a point on a curve; thence along the arc of a non-tangent curve concave to the West, having for its elements a radius of 180.00 feet, a central angle of 18°56'23', a chord of 59.23 feet, a chord bearing of N.00°36'34°W., an arc distance of 59.50 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the Southwest, having for its elements a radius of 375.00 feet, a central angle of 14°15'02", a chord of 93.03 feet, a chord bearing of N.17°12'17"W., an arc dis - r-..f'3:Z7,feet to a point of compound curvature; thence along the arc of a tangent.curr . .I°-. S:, e.Southwest, having for its elements a radius of 280.00 feet, a central,,aii :of 36°58'19',`'ar&aof 177.56 feet, a chord bearing of N.42°48'57"W., an arc distance of 180.68 feet to a point reverse curvature; thence along the arc of a tangent curve concave to the lortheast ahaving for its elements a radius of 40.00 feet, a central angle of 08°12'44", a%chofd'of..5.7 3 feet, a,chord acing of N.57°11'44"W., an arc distance of 5.73 feet to a point,t rever�tr, n r\alonng the arc of a tangent curve concave to the Southwest, having fdr its elements radius of 360.00 feet, a central angle of 07°40'14', a chord of 48.16-f Lka_.cftprdb�€earnngof N 6°55'30"W., an arc distance of 48.20 feet to a point of reverse curvature; thence alongthe arc of a tangent curve concave to the Northeast, having for its elements s a radius of 190.0 elf a central angle of 58°26'56°, a chord of 185.53 feet, a chord beartri. of N.31 32 09"W air arc.istance of 193.82 feet; thence N.02°18'41°W., a distance of 1feet to a point off-urvature; thence along the arc of a tangent curve concave to the East,.havin fg or it ele ents a radius of 1890.00 feet, a central angle of 08°10'52, a chord of 269. x:c on earing of N.01°46'46'E., an arc distance of 269.87 feet to a point of cusp; thence along-the arc of a non-tangent curve concave to the Northwest, having for its elements a radius of 730.00 feet, a central angle of 23°00'09', a chord of 291.11 feet, a chord bearing of N.69°52'52"E., a distance of 293.07 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Southeast, having for its elements a radius of 470.00 feet, a central angle of 06°14'47", a chord of 51.21 feet, a chord bearing of N.61°30'11"E., an arc distance of 51.24 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northwest, having for its elements a radius of 230.00 feet, a central angle of 44°13'45", a chord of 173.17 feet, a chord bearing of N.42°30'42"E., an arc distance of 177.55 feet; thence N.20°23'49"E., a distance of 297.40 feet to a point on a curve; thence along the arc of a non tangent curve concave to the Northeast, having for its elements a radius of 330.00 feet, a central angle of 33°01'28", a chord of 187.59 feet, a chord bearing of N.40°27'48"W., an arc distance of 190.21 feet; thence N.23°57'04"W., a distance of 89.54 feet to a point on a curve; thence along the arc of a non tangent curve concave to the Northwest, having for its elements a radius of 430.00 feet, a central angle of 52°48'14", a chord of 382.41 feet, a chord bearing of N.43°38'51"E., an arc distance of 396.29 feet; thence S.89°30'35"E., a distance of 291.49 feet; thence S.87°58'25"E., a distance of 164.81 feet; thence N.88°10'39"E., a distance of 190.57 feet; thence N.88°59'22"E., a distance Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4571 Colonial Boulevard • Fort Myers,Florida 33912•239.939.1020• Fax 239.939.7479 PAGE 1 OF 3 wilsonmllier.corn 5/17/2004 70232 VW 032.GRAS FOrtn X2.2°3-00, �T 8152 • ,Packet Page 1217 OR: 362' 4/14/2015 16.F.1. WiIsonM:IIer LEGAL DESCRIPTION Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida of 166.65 feet; thence 5.88°56'16"E., a distance of 149.32 feet; thence N.89°31'16"E., a distance of 139.07 feet; thence N.89°40'46"E., a distance of 230.22 feet; thence S.89°19'35"E., a distance of 155.10 feet; thence N.88°24126"E., a distance of 218.14 feet; thence N.01°22'58"E., a distance of 927.59 feet; thence N.21°47'57"E., a distance of 391.48 feet; thence N.28°17'20"E., a distance of 190.21 feet; thence N.12°10'59"E., a distance of 299.09 feet; thence N.07°56'42"E., a distance of 77.53 feet; thence N.04°26'52"E., a distance of 138.12 feet; thence N.21°21'56"E., a distance of 700.45 feet; thence N.73°43'21"W., a distance of 5.43 feet; thence N.31°47'35"E., a distance of 117.82 feet; thence 5.82°26117"E., a distance of 54.75 feet; thence 5.79°17'56"E., a distance of 76.80 feet; thence N.79°45'22"E., a distance of 109.31 feet; thence N.51°55'31"E., a distance of 44.51 feet; thence N.12°26'48"W., a distance of 54.47 feet; thence N.04°42'52'1E. a distance of 100.62 feet; thence N.26°24'51 1W., a distance of 132.45 feet; thence-1 0 5 "1m, a distance of 114.96 feet; thence N.33°531111W., a distance of 8/0. 9 feet hern l`21°F ;08"W., a distance of 95.88 feet; thence N.31°03158'W., a distance) X1 !3.23 feet; then ,t 49°42'29'W., a distance of 77.43 feet; thence N.18°58'07'W.,1a t; ance of 99.15 feet; thence, N.09°09'58"W., a distance of 127.56 feet; thence N.07°59'11"E.,` .stance-o€-85:65 feet; thence N.04 34 03,�E., a distance of 88.03 feet; thence N.12°42'2 "E a disT'ance of 151.66 feet; thence N.16°35'04"E., a distance of 147.18 feet; thence( .21r,g`ll tN.,,\ `t ista�n 00.89 feet; thence N.21 00 29 E., a distance of 98.19 feet; then• N 21°16' 7 E.i a d stance f 79.29 feet; thence N.04 00 26'W., a distance of 71.26 feet; khet \1. 8-0i4CO/V•, ist, nce of 112.57 feet; thence N.00°25'15"W., a distanced ej'65.37 feet; thenceN.0735 ., a distance of 84.46 feet; thence N.19°52'10 1W., a d st ce of 62.40 feet; t an, ci N' °A0'39'W., a distance of 50.18 feet; thence N.24°33'09"W., distance of 87.86 f; tti N.39 15 38'W., a distance of 74.17 feet; thence N.42°51'42'W. a`distance of 55.7 t;,hence N.75°15'30'W., a distance of 75.06 feet; thence N.06°47'16 tyistance-e , f( Let; thence N.11°09'271W., a distance of 71.52 feet; thence N.18°29'29' iisfain ('86.64 feet; thence N.02°32'04'W., a distance of 70.78 feet; thence N.13°06'52"E., a distance of 80.21 feet; thence N.02°11'35"E., a distance of 51.22 feet; thence N.57°45'30'W., a distance of 31.60 feet; thence N.36°04'22"W., a distance of 17.68 feet; thence N.22°03'21"W., a distance of 38.91 feet; thence N.38°19'34'W., a distance of 62.73 feet; thence N.06°48'48"E., a distance of 256.83 feet; thence N.56°49'22"E., a distance of 230.89 feet; thence N.37°06'38"E., a distance of 307.08 feet; thence N.01°33'58"W., a distance of 220.27 feet; thence N.47°55'49"E., a distance of 261.06 feet; thence S.50°20'34"E., a distance of 238.48 feet; thence N.79°05'16"E., a distance of 44.71 feet; thence N.66°54'39"E., a distance of 198.99 feet; thence N.88°19'41"E., a distance of 309.14 feet; thence S.81°11'47"E., a distance of 382.30 feet; thence S.58°54'22"E., a distance of 212.84 feet; thence S.61°55111"E., a distance of 69.00 feet; thence N.27°24'54"E., a distance of 326.91 feet; thence N.23 54 05 E., a distance of 52.09 feet; thence N.06°19'58"E., a distance of 45.01 feet; thence N.16°00'11'W_, a distance of 225.09 feet; thence N.36°39'53"W., a distance of 161.08 feet; thence N.53°19'35'W., a distance of 170.55 feet; thence N.87°40'44 1W., a distance of 222.13 feet; thence N.26°13'42"E., a distance of 257.95 feet; thence 5.76°33'40"E., a distance of 135.04 feet; thence N.50°04'55"E., a distance of 317.50 feet; thence N.47°15'05"E., a distance of 238.71 feet; thence 5.85°43154"E., a PAGE 2 OF 3 5117/2004-3=2 VK OZ-GRA FORD 2_ °x1. 7-815 Packet Page -1218- oR; 362'- 4/14/2015 16.F.1 . WilsOnMiller LEGAL DESCRIPTION Being a portion of Sections 13 & 24, Township 48 South, Range 26 East, Collier County, Florida distance of 224.24 feet to the East line of Section 13; thence S.00°57'28"E., along said East line of Section 13, a distance of 2,313.38 feet; thence S.01°00'51"E., a distance of 1,348.99 feet; thence S.01°01'37"E., a distance of 1,349.74 feet; thence S.01°04'52"E., a distance of 1,336.42 feet; thence S.01°05'01"E., a distance of 1,336.52 feet; thence S.01°14'51"E., a distance of 1,337.28 feet; thence continue S.01°14'51"E. along said line, a distance of 1,237.25 feet to the POINT OF BEGINNING. Containing 694.95 acres, more or less. Subject to easements, restrictions, reservati nd rights-of-way of record. Bearings are based on the Ea i ; t4prt Quarter of Section 24 as being S01°14'51"E. % ' See attached sketch. / / it -- "�-1` Prepared by: € , Wil •nMiller, Inc. - \4 '�, May 17, 2004 Stephen 'tk rek, Professional Su & Mapper /,�`� Date Florida Re. .tration No. LS 3273 Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper. P.I.N.: N0442-016-004 GCS00 Ref.: D-0442-123 Date: May 17, 2004 PAGE 3 OF 3 /t 7t2 I4-]Ott2 Var OM-G W-SWORD P N°142-205001•SPIT.5152 Packet Page -1219- OR 4/14/2015 16.F.1 . EXHIBIT"E-4" DEVELOPER'S(CENTEX) PARK IMPACT FEE CREDIT LEDGER SHEET IMPORTANT: This Park Impact Fee Credit Ledger is intended to document the balance of Park Impact Fee Credits applying ONLY to the following property: (Insert Legal Description) (See Exhibit"B-2"Attached) Beginning Balance $ 1,623,188.00 DEVELOPER CO.OFFICIAL REPRESENTATIVE DATE PERMIT NO. PARK IMPACT IMPACT FEE CREDIT (Sinature FEES DUE BALANCE 9 ) (Signature) /CO / � !,„ (--\„( ID )\--cv t , ) 1 I IMOi 447932_! Packet Page -1220- I Exhibil4/14/201516.F.1 . ViP ilsOnMiller® Centex Lands New Directions In Planning,Design&Engineering OR: 3627 PG: 3235 EXHIBIT "B" LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida A parcel of land being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING at the Southwest corner of Section 23, Township 48 South, Range 26 East, Collier County, Florida; thence S.89°58'23"E., along the South line of Section 23, a distance of 2,641.45 feet; thence, leaving said South line of Section 23, N.00°15'09"W., a distance of 100.00 feet to the POINT OF BEGINNING; thence along the arc of a non tangent curve concave to the West, having for its elements a radius of 118.00 feet, a central angle of 28°53'50", a chord of 58.88 feet, a chord bearing of N.18°36'13'W., an arc distance of 59.51 feet; to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a ra _feet, a central angle of 13°08'54", a chord of 34.35 feet, a chord bearing of 2c,°`21;' w a� distance of 34.42 feet to a point of tf reverse curvature; thence along , `rt of a tang \concave to the Southwest, having for its elements a radius of 330.0Q/feet, a central angle o 25°34'24", a chord of 146.07 feet, a chord bearing of N.32°41'25"Wi,f ar-arccdistance of 147\29 'feet; thence N.45°28'37'W., a distance of 104.04 feet to a/poir�`t of cu tur ; he-rice,along the arc of a tangent curve concave to the Northeast, having for its eleintadi 10. 0-fee', t, a central angle of 15°53'40", a chord of 60.83 feet, a chord baring I .3T°4 ''412:w.,as i'ar4 distance of 61.03 feet to a point of reverse curvature; thence-004,,#)0\a,, ®f ,dent carve concave to the Southwest, having for its elements a radius of 88O,.O eet, a cen&rat`atngle q 94)303",3", a chord of 128.82 feet, a chord bearing of N.39 20 2r 1 , an arc distance o029.44 feel/6 a point of reverse curvature; thence along the arc of a tanejrve con cave to Eastjaaving for its elements a radius of 25.00 feet, a central angle\df T8,°55'30", a chord. .cfL;34.78 feet, a chord bearing of N.09°38'15"W., an arc distance af,3k:`4-feeet; thenc4 ,37'55"W., a distance of 60.48 feet to a point of curvature; thence along Ihe.ikirpf arrpfriang6nt curve concave to the West, having for its elements a radius of 270.00 feet a central gle of 32°13'36", a chord of 149.87 feet, a chord bearing of N.12°14'56"E., an arc distance of 151.86 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the East, having for its elements a radius of 830.00 feet, a central angle of 10°16'52", a chord of 148.73 feet, a chord bearing of N.01°16'34"E., an arc distance of 148.93 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 1,970.00 feet, a central angle of 07°05'19", a chord of 243.57 feet, a chord bearing of N.02°52'21"E., an arc distance of 243.73 feet; thence S.89°19'41'W., a distance of 201.14 feet; thence N.07°40'28"W., a distance of 559.75 feet; thence N.81°39'32"E., a distance of 226.39 feet; thence N.00°43'28"E., a distance of 516.79 feet; thence N.87°12'19"E., a distance of 13.62 feet; thence N.77°07'12"E., a distance of 78.83 feet; thence N.02°34'15"W., a distance of 68.59 feet; thence N.23°26'54"E., a distance of 29.53 feet; thence N.01°24'05"E., a distance of 42.24 feet; thence N.48°26'28'W., a distance of 77.89 feet; thence N.36°55'08'W., a distance of 26.16 feet; thence N.27°46'40"E., a distance of 44.86 feet; thence N.24°39'05"E., a distance of 43.81 feet; thence N.47°37'59"E., a distance of 50.78 feet; thence N.15°33'57"W., a distance of 53.93 feet; thence N.82°37'59'W., a distance of 107.97 feet; thence S.89°20'02"W., a distance of 2051.72 feet; thence N.00°39'58"W., a distance of 60.00 feet; thence S.89°20'02"W., a Offices strategically located to serve our clients 800.649.4336 Fort Myers Office 4571 Colonial Boulevard •Fort Myers,Florida 33912•239.939.1020 • Fax 239.939.7479 PAGE 1 OF 4 wfisonmller com 71/102003-295T3 Vr.O,A•GRAS"FORO No 2-0,e-oaa-SLGLTD3, ,Packet Page -1221-,770 0R; 362 4/14/2015 16.F.1 . WilsonMiller EXHIBIT "B" LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida distance of 151.53 feet; thence N.00°50'56"W., a distance of 2,660.08 feet; thence N.00°49'48'W., a'distance of 2,662.26 feet; thence N.53°49'33'W., a distance of 44.59 feet; thence N.78°34'00"W., a distance of 25.00 feet; thence S.67°51'43"W., a distance of 21.12 feet; thence S.53°42'39'W., a distance of 24.91 feet to a point on the West line of Section 14; thence N.00°49'48'W., along the West line of Section 14, a distance of 3.95 feet, thence N.00°52'01"W., along the West line of Section 14, a distance of 2676.08 feet to the Northwest corner of Section 14; thence N.89°58'39"E., along the North line of Section 14, a distance of 5,253.22 feet to the Northeast corner of Section 14 and the Northwest corner of Section 13; thence S.89°57'19"E., along the North line of Section 13 a distance of 2,641.56 feet; thence S.89°55'35"E., a distance of 2,627.05 feet to the Northeast corner of Section 13; thence S.00°57'28"E., along the East line of 1 �a-distan stance of 333.46 feet; thence, leaving said ' i sa r thence S.47°15'05"W. a East line of Section 13, N.85 43.54,;�'1�11..,. � c�fi 24 feet; , distance 23Q 71 feet; i ° 'F ' A/ , nn of 31 5. thence ��s.a�� of �.,�., � gee., u'�en�e;-�S.SC 04..51,.., ��tl�sta�,,.e .., ..,7..,0 feet; .,,en�.e N.76°33'40'W., a distance off`1$'04 feet; thence S.26°13'4*., a distance of 257.95 feet; thence S.87°40'44"E.., a distance 0 2 2.13-feet;-thence S\x53°'19'35"E., a distance of 170.55 feet; thence S.36°39'53"E.1 a ,dis nce '461.08 feet- thece\5.16°00'11"E., a distance of 225.09 feet; thence S.06°19'58' Ckidistarace a�f €5 b e. ;'iber-ce S.23°54'05"W., a distance - of 52.09 feet; thence S.27°2k'54"W.( a distance-of 2e911 feet; thence N.61 5511 'W., a distance of 69.00 feet; theriae" 54'2-7. 1ma!_distance.oi 21` feet; thence N.81°11'47"W., a distance of 382,.30 feet ;,thence S.88°19'416 ., a distance of 309.14 feet; thence S.66°54'39"W., a distance *498.99 feet; then .79°054(413",W., a distance of 44.71 feet; thence N.50°20'34'W., a distaihe\of 238.48 feet; the ce f 55'49"W., a distance of 261.06 feet; thence S.01°33'58"E., a`e is ceof 220.27 feet .tence S.37°06'38"W., a distance of 307.08 feet; thence S.56°49'22'1M.;�$ distap a-of R 89� et; thence S.06°48'48"W., a distance of 256.83 feet; thence S.38°19'34"E.;a-di a:h &2--73 feet; thence S.22°03'21"E., a distance of 38.91 feet; thence S.36°04'22"E., a distance of 17.68 feet; thence S.57°45'30"E., a distance of 31.60 feet; thence S.02°11'35'W., a distance of 51.22 feet; thence S.13°06'52"W., a distance of 80.21 feet; thence S.02°32'04"E., a distance of 70.78 feet; thence S.18°29'29"E., a distance of 86.64 feet; thence S.11°09'27"E., a distance of 71.52 feet; thence S.06°47'16'W., a distance of 42.98 feet; thence S.75°15'30"E., a distance of 75.06 feet; thence S.42°51'42"E., a distance of 55.72 feet; thence S.39°15'38"E., a distance of 74.17 feet; thence S.24°33'09"E., a distance of 87.86 feet; thence S.04°00'39"E., a distance of 50.18 feet; thence S.19°52'10"E., a distance of 62.40 feet; thence S.07°35'10"E., a distance of 84.46 feet; thence S.00°25'15"E., a distance of 65.37 feet; thence S.08°09'40"E., a distance of 112.57 feet; thence S.04°00'26"E., a distance of 71.26 feet; thence S.21°16'27"W., a distance of 79.29 feet; thence S.21°00'29"W., a distance of 98.19 feet; thence S.28°19'13'W., a distance of 100.89 feet; thence S.16°35'04"W., a distance of 147.18 feet; thence S.12°42'24"b1/., a distance of 151.66 feet; thence S.04°34'03'W., a distance of 88.03 feet; thence S.07°59'11"W., a distance of 85.65 feet; thence S.09°09'58"E., a distance of 127.56 feet; thence S.18°58'07"E., a distance of 99.15 feet; thence S.19°42'29"E., a distance of 77.43 feet; thence S.31°03'58"E., a distance of 113.23 feet; thence S.27°02'08"E., a distance of 95.88 feet; thence S.33°53'11"E., a distance of 80.19 PAGE 2 OF 4 11n W2°o.29077 Var:OIA-GRASHFORO 110142-018-002-5LGL-7901 Packet Page -1222- OR: 362.4/14/2015 16.F.1 . WilsonMiller EXHIBIT "B' LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida feet; thence S.20°55'33"E., a distance of 114.96 feet; thence S.26°24'51"E., a distance of 132.45 feet; thence S.04°42'52"W., a distance of 100.62 feet; thence S.12°26'48"E., a distance of 54.47 feet; thence S.51°55'31"W., a distance of 4.4.51 feet; thence S.79°45'22'W., a distance of 109.31 feet; thence N.79°17'56'W., a distance of 76.80 feet; thence N.82°26'17"W., a distance of 54.75 feet; thence S.31°47'35"W., a distance of 117.82 feet; thence S.73°43'21"E., a distance of 5.43 feet; thence S.21°21'56"W., a distance of 700.45 feet; thence S.04°26'52'W., a distance of 138.12 feet; thence S.07°56'42'W., a distance of 77.53 feet; thence S.12°10'59"W., a distance of 299.09 feet; thence S.28°17'20"W., a distance of 190.21 feet; thence S.21°47'57'W., a distance of 391.48 feet; thence S.01°22'58"W., a distance of 927.59 feet; thence S.88°24'26"W., a dd sta ce of 218.14 feet; thence N.89°19'35"W., a distance of 155.10 feet; thence . '46' .a distance of 230.22 feet; thence S.89°31'16'W., a distance of 13' S 'te- -lth ce '16"W., a distance of 149.32 feet; thence S.88°59'22'��., a distance' j.1166.65 feet; then X88°10'39'1,^!., a distance of 190.57 feet; thence N.87°58'25"W., a istance of 164.81 feet; thence N.89°30'35'W., a distance of 291.49 feet to a point of curvature; ien a along-the-arc of a non tangent curve concave to the Northwest, having for its elements diyW-430.00 ie et a central angle of 52°48'14", a chord of 382.41 feet, a chord bearing .6f S.4 S vvv.oan '\distance of 396.29 feet; thence S.23°57'04"E., a distance of 8454 feet to!a poin o-curvature; hence along the arc of a tangent curve concave to the Northeast;`la i t e er ents .radio of 330.00 feet, a central angle of 33°01'28", a chord of 1'l7�9 feet, a chord be nng of S. 0 27 48 E., an arc distance of 190.21 feet; thence S.20°23'4:9,'W., a distance of 7.40 feet'tb a point of curvature; thence along the arc of a tangent c ur4\ ncave to the No `. west,Hauling for its elements a radius of 230.00 feet, a central angle 44°13'45", a chord of. 73.17 feet, a chord bearing of S.42°30'42"W., an arc distance of°4 '7.5 . t-to oiht,pf reverse curvature; thence along the arc of a tangent curve concave to the utheaast'`having for its elements a radius of 470.00 feet, a central angle of 06°14'47", a chord of 51.21 feet, a chord bearing of S.61°30111'W., an arc distance of 51.24 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the North, having for its elements a radius of 730.00 feet, a central angle of 23°00'09", a chord of 291.11 feet, a chord bearing of S.69°52'52"W., an arc distance of 293.07 feet to a point of curvature; thence along the arc of a non tangent curve concave to the East, having for its elements a radius of 1,890.00 feet, a central angle of 08°10'52", a chord of 269.64 feet, a chord bearing of S.01°46'46"W., an arc distance of 269.87 feet; thence S.02°18'41"E., a distance of 801.21 feet to a point of curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a radius of 190.00 feet, a central angle of 58°26'56", a chord of 185.53 feet, a chord bearing of S.31°32'09"E., an arc distance of 193.82 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Southwest, having for its elements a radius of 360.00 feet, a central angle of 07°40'14", a chord of 48.16 feet, a chord bearing of S.56°55'30"E., an arc distance of 48.20 feet to a point of reverse curvature; thence along the arc of a tangent curve concave to the Northeast, having for its elements a radius of 40.00 feet, a central angle of 08°12'44", a chord of 5.73 feet, a chord bearing of S.57°11'45"E., an arc distance of 5.73 feet to a point of reverse curvature; thence along the arc PAGE 3 OF 4 11/19.'2003-29573 Vet O1A-GRASIFORD 140442-005-002.SLG1-7931 Packet Page -1223- OR; 362,4/14/2015x16.F.1 . lsonMiller EXHIBIT"B" LEGAL DESCRIPTION Being a portion of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida of a tangent curve concave to the Southwest, having for its elements a radius of 280.00 feet, a central angle of 36°58'19", a chord of 177.56 feet, a chord bearing of S.42°48'57"E., an arc distance of 180.68 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 375.00 feet, a central angle of 14°15'02", a chord of 93.03 feet, a chord bearing of S.17°12'17"E., an arc distance of 93.27 feet to a point of compound curvature; thence along the arc of a tangent curve concave to the West, having for its elements a radius of 180.00 feet, a central angle of 18°56'23", a chord of 59.23 feet, a chord bearing of S.00°36'34"E., an arc distance of 59.50 feet; thence N.89°58'37'W., a distance of 126.35 feet; thence N.89°58'13'W., a distance of 2,638.89 feet; thence N.89°58'23"W., a distance of 0.49 feet to he POINT OF BEGINNING. Containing 1,720.02 acres, more � �� f�� Subject to easements, restrictions,r servations and rights ,f-way of record. Bearings are based on the West/line of the -'Southwest\Quarter of Section 23 as being N00°50'35"W. I _ See attached sketch. I I� Prepared by: �, -. WilsonMiller, Inc. "eta. 1V-`�' November 19, 2003 Stephen P. k, Professional Surveyor & Mapper Date Florida Regi- rtion No. LS 3273 Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. P.I.N.: N0442-016-002 MASLD Ref.: D-0442-098 Date: November 19, 2003 PAGE 4 OF 4 11/19129�29673 Vef°IA-GRASIfORD GOO -016-0c2.SLGL.7931 Packet Page -1224- 011; 362,4/14/2015 16.F.1 . EXHIBIT "F" Risk Management Guidelines Developer shall maintain the required Commercial General Uability insurance in full force and effect, for the duration of all road construction set forth in this Agreement, until all improvements are accepted by the County pursuant to the terms set forth herein. The area insured must include the area set forth in Exhibit "C" to this Agreement. Developer shall maintain Commercial General Uability Insurance in limits of not less than S1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said policy, or a current Phase I Environmental Study of the property. ep- r„.1C t \„„p 1/4.) CSR Packet Page -1225- OR: 362 4/14/2015 16.F.1. EXHIBIT"G" (5 pages) COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES — 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein,the provisions of Florida Statutes,Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program (hereinafter"Court Program"),to facilitate these procedures. 2. DEFINITIONS: 2.1 Claim: A demand by either party to a contract fo n equitable adjustment of payment under a Collier County construction contract. A claim should-. o.drj u 1 'sputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony�wrMen or printed material or other ings presented to the arbitrator[s] or mediator[s]as proof of the existence or nonez11Ience o-a-.pertinent ct. 3. JURISDICTION: 3.1 A claim that does not ea 1.,Clung in er t q at ped, shall be submitted to binding arbitration. The parties may by niutpia� anstnt, . to-a-one-persrnr•4 si le arbitrator panel. Aggregate claims may total more than$250,000.00 for ding arbitration,but no sin le claim inay that amount. 3.2 A claim in excess of $250,C.e t:1 n brought pursuant to a nstl uction contract with the county shall be submitted to mediation or binding arbitraliom' Noluntarily agreed t9-{t ll parties. All claims less than$250,000.00 and all non-monetary claims brought pursuant a,;COnstruction-etiiitt t'with the county must be submitted to binding arbitration. CI `A 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated,a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.7 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30)calendar days after a denial of the claim after negotiation by County staff or no later than forty-five(45)calendar days after knowledge of a claim 1 Packet Page -1226- OR: 362 4/14/2015 16.F.1 by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Li uidated-Damages is included in the claim. 1V R CQL e. No new or different claim,other "4, �nge m e a art 4latnied, will be allowed once the time and date for the hearing has been set. t- '` f. If the arbitration panel or mediator termines-that information known;to a person not in attendance at the hearing or the mediation s essential to arr_iv' at its decision or foi the fair exercise of the mediation process,he or she may obtain a;''wi-t[is-r i • ,. a rsc n ,ent such statement into the record. 5. ADMINISTRATION OF1&B�TION� � i L,,,, l � ,. / 5.1 The respondent shall preps ,,rebuttal to the claim andFfurnis h a copy;tQ the party requesting arbitration and to each of the members of the panel at it is received at leas, ca)entlaf"days prior to the date scheduled for the hearing. `�+!- 2."f . 5.2 The County shall set a time and 7 ai'bitratiq .4vithin 21 calendar days after receipt of the Request. In scheduling the time allotted fora hearng o ot„ Ise }aims,consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues,and if a party requests additional time,the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24-hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than 7 calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a — party. A court reporter will be present, unless waived by both parties. 2 Packet Page -1227- I OR; 362 4/14/2015 16.F.1 . a. The hearing will be informal and involvement of attorneys,if desired,is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. — c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument,as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is-heard-and-that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitiati sn L .il pe sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules orevidefice shall not be necessary. 7.7 Members of the arbitration 1Pane)may ask a qks a tit5Itts1of the parties for.the purpose of clarification. 7.8 If substantial new information/is submFtte4 dungg a�n which the;arbitration panel deems places the i E1 t e I ; other party at a severe disadvantage)#ecause,of�,mabiit to`�v lop an ad uateceluttal,the panel may elect to extend the hearing to a later date as previous t forth her in " / f' a. A stenographic record of an'Y'Igarings by a Certified CO t3Re` rte(r/arty previously recorded testimony or document prepared under oath$ch.as an affidavit is admis t,✓(". b. Each party shall bear an equal shale cif t-of-the-arbitratibo4fanel. c. Each party shall pay its own costs and attorney . d. All arbitration shall be concluded within one-half(1/2)day and all mediation shall be conducted within one (1)day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun,it may only be continued in 24-hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them 3 Packet Page -1228- OR: 362 4/14/201516.F.1 . prior to mediation. In any event,full exchange of documents shall be completed no later than seven(7)calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, Chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits,whichever is less,without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate.-privately—with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel ,icR. �( 8.11 The mediator may meet and cr o` ,=-K:r` i-vat y with an y party c\o` r their counsel,if any. 8.12 If a partial or final a geemett is/4=40, it s'ha}}--be.reduced to wntin and signed by the parties and their counsel,if any. 8.13 If the parties do not reach an a eemen P � as to err rata r r It f mediation, the mediator shall prepare ----.as P P and distribute to each party a repot,, ating lacl o,air =merit withpttt..cbmment or recommendation. With the consent of the parties, the medicatpt epott ma Men the'ztutfarlctm legal issues or other action by any party that,if resolved or completed,iutd facilitate the possibility, f a s ttlement 9. COMPENSATION OF THE � TION PANEL OR MEDIATOR: Arbitrators and Mediators shall ardia e-c�, 150 'an hour, or the current rate for the Court program. An additional fee of 25% shall be p ___bIeirt641*_43eitik.Program for administration of any arbitration, but shall not be assessed for a mediation. The parties sha ty share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County,nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: 4 Packet Page -1229- * OR: 362 4/14/2015 16.F.1 . a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the — project,nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply,except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed.Such status shall not create a conflict ftneerre . ' C.)"INIE CHART FOR AD Within the Followin g Time Periods FolUowigg. a Nbtice-of-Claim or th`e Date of the Occurrence Underlying the Claim,Whichever is First,the Follo■ ing/Matters Mitst.Occ ,[All days are ZSalendar Days]: Up to 14 days after occurrence or o ice c[f ai [ (, e r isfftrst]: The matter must be negotiated with County Staff. -- f -r Within 7 days of receipt ofiNoti of Claim:Staff shall B are u wntfl ebuttal. Within 15 Days of Notice of C1a`m: egotiation of dispute •it ty staff must be completed. "`em huu_ Within 30 Days after Negotiations t1i t -Siaff-giads`oL in 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must ille ., After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation:A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. 5 Packet Page -1230- 4/14/2015 16.F.1. ASSIGNMENT OF IMPACT FEE CREDITS THIS ASSIGNMENT OF IMPACT FEE CREDITS is made by and between Centex Homes ("Assignor") and Pulte Home Corporation ("Assignee") for the purpose of transferring a portion of Impact Fee Credits held by Assignor arising out of a Developer Contribution Agreement - Heritage Bay ("Agreement") dated July 27, 2004, recorded in the official records of Collier County at Book 3627, Page 3196, et seq. Assignor wishes to convey to Assignee a portion of certain Impact Fee Credits granted through the Agreement. The attached Exhibit itemizes the types and amounts of the Impact Fee Credit transferred to the Assignee. The amount of Impact Fees needed for the remaining forty seven (47) units in Heritage Bay will be retained in the Heritage Bay(Centex) credit ledger. This Assignment of Impact Fee Credits does not amend or alter the Agreement, which remains in full force and effect. In consideration of assenting to this Assignment, with its increased administration burden, Assignor and Assignee hereby jointly and severally indemnify and hold harmless Collier County against any and all present and future claims of whatever kind arising out of the transfer and ultimate use of these Impact Fee Credits,including but not limited to administrative errors by Collier County staff. DATE: Sl zs l5 ASSIGN" " • y: , 'rw►�J lame/Title. A7 . STATE OF i-t `e-1DA A COUNTY OF t The foregoing instrument was acknowledged before me this Z�11+day of l4I112C.i-i , 2015 by Cd t12 aS iti� 1``1 as Onazc,Torl_ t t�i.,� Q�v" c t fo"r C€-k 1 r ►tea-t $ , who is personally known to me a has-predtrccd— as identification. (Notary Seal) fZC. J Signature of otary Public ;a y,. KIMBERLY HOWES R 4 TA MY COMMISSION t FF 015933 ■ 4•' ° EXPIRES:May 7,2017 , Print, type, or stamp name of Notary Public "% irri,y Bonded Thru Notary Public Underwriters DATE: 15 ASSIGNEE• : WA. .*A Pr 1 ame/Ti tle: s_ STATE OF t l (G►DA b N'eG The COUNTY OF C lid The foregoing instrument was acknowledged before me this Z-514 day of - ARC,tt , 20 t 5 by GcttZiS i ft sTY as Ol t.'CL' -t.iW z t LcC ci irfor t- MI .c1r g-knot:`, , who is personally known to me orfia-prodticetl` as identification. (Notary Seal) Signatur of Notary Public b{?"'ya• KIMBERLY Howes Print, type, or stamp name of Notary Public : MY COMMISSION k FF 015933 #' " EXPIRES:May 7,2017 T+ p Banded Thru Notary Public Underwriters Packet Page -1231- 4/14/2015 16.F.1 . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Jeffrey A. Klatzkow County Attorney EXHIBIT Packet Page -1232- 4/14/2015 16.F.1 . Development Name: Golf Club of the Everglades Impact Fee Credit Amount: $4,164,676.22 Impact Fee Credit Type(i.e.Transportation, Park,Schools): Transportation Please issue credit from(choose one): Cash Pre-Payment Ledger_X or Credit Ledger Packet Page -1233-