Backup Documents 12/10-11/2013 Item #16D18ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP���
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Couu Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attor O ce at
than Monday preceding the Board meeting. a 18
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the. [chairman's cignanire- draw a line through routine lines #1 through #2. complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
a ro riate.
(Initial
A livable
2.
DECEMBER 10, 2013 V
Agenda Item Number
16D18
3. County Attorney Office
County Attorney Office
N/A
4. BCC Office
Board of County
Commissioners
Number of Original
Z ��
5. Minutes and Records
Clerk of Court's Office
Documents Attached
12 I L3 I�
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information. ,
Name of Primary Staff
SUE JIM ZIMMERMAN
Phone Number
252-2622.
Contact / Department
a ro riate.
(Initial
A livable
Agenda Date Item was
DECEMBER 10, 2013 V
Agenda Item Number
16D18
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
Type of Document
DEVELOPER AGREEMENT and
Number of Original
r
Attached
EASEMENT
Documents Attached
IF -a t, -n t
PO number or account
306/116360/800651
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike -through and revisions have been initialed by the County Attorney's
SJZ
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised ed 11/30/12
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
(Initial
A livable
1.
Does the document require the chairman's original signature?
SJZ
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
SJZ
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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si afore and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on Dec. 10, 2013 Alum and all
SJZ
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for(el
w,
{
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised ed 11/30/12
16D18
MEMORANDUM
Date: December 16, 2013
To: Sue Zimmerman, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Developer Contribution Agreement w/Fifth Third
Bank
Attached are two original documents referenced above (Item
#16D18) approved by the Board of County Commissioners
December 10, 2013.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16018
Memorandum9 ,,viiia
TO: Minutes & Records Management
FROM: Sue Zimmerman
Sr. Property Acquisition Specialist
Real Property Management
DATE: December 10, 2013
RE: Gordon River Greenway Park
Project No. 800651
Agenda Item 16D18, December 10, 2013
Item 16D18 was approved on the December 10, 2013 Agenda for approval of the Developer
Agreement between Fifth Third and Collier County and to convey an Easement to Fifth Third
over County -owned property north of the Zoo and Gordon River Greenway Park.
Accordingly, attached please find the aforementioned documents.
Please attest to Commissioner Hiller's signature as Chairwoman on the Developer
Agreement and the Easement. After which please forward the Easement to Recording with
the provided Recording Form, which calls for the return of the original recorded Easement to
your office to be kept with the original Developer Agreement.
We would appreciate receiving a copy of the fully signed Developer Agreement via email.
As you may recall, we have already processed several documents (Easements to FP&L)
related to the Gordon River Greenway Park Project. These documents can be added to that
existing folder or placed in a newly created folder as you decide.
Please contact me if you have any questions or comments at Extension 2622. Thank you.
Al
n
INSTR 4942994 OR 5007 PG 508
RECORDED 2/6/2014 4:22 PM PAGES 20
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $171.50
DEVELOPER CONTRIBUTION AGREEMENT 160-18
This Developer Contribution Agreement (the "Agreement") is made and entered into this
day of Le ( 1 106-e, — , 2013 between Fifth Third Bank, an Ohio banking corporation,
its successors and assigns ("Fifth Third") and Collier County, Florida, a political subdivision of
the State of Florida ("Collier County"). The parties to this Agreement may collectively be
referred to herein as "Parties", or individually referred to herein as "Party".
RECITALS
Whereas, Fifth Third owns fee simple title to an approximately 22 acre parcel of land
located south of Golden Gate Parkway, east of Goodlette-Frank Road, north of the Naples Zoo,
and west of the Gordon River (the "Property");
Whereas, a legal description and sketch of the Property are attached as Exhibit "I" and
incorporated herein by reference;
Whereas, Fifth Third has entered into a contract to sell the Property to The Moorings,
Incorporated ("Moorings Park") subject to terms and conditions contained in the contract (the
"Purchase Contract");
Whereas, Fifth Third and its successors and assigns are sometimes herein collectively
referred to as "Land Owner";
Whereas, Fifth Third, as owner, and Moorings Park, as petitioner, have filed an
Application with the City of Naples for Rezoning the Property to Planned Development (tile
``Rezone Application");
Whereas, the Rezone Application includes:
(i) a proposed development plan, a copy of which is attached as Exhibit "2" which is
incorporated herein by reference (the "Development Plan"), depicting a rear
access road between the southwest corner of the Property and the Goodlette
Road/Fleishmann Boulevard intersection (the "Rear Access Road"), and
(ii) a proposed Planned Development Document which provides, in pertinent part,
that Land Owner covenants that Land Owner, its successors or assigns shall pay a
pro -rata share of the expense of designing, permitting, and constructing the Rear
Access Road over land owned by Collier County and leased to the Naples Zoo
based on terms and conditions contained in a Developer Contribution Agreement
to be entered into and mutually agreed upon by, between and among Land Owner,
Collier County and the Naples Zoo;
Whereas, the legal description and sketch for the Rear Access Road are attached as
Exhibit "3" and incorporated herein by reference;
Page 1 of 8
0
Whereas, Collier County holds fee simple title and the Naples Zoo holds a leasehold
interest in the real property which comprises the Rear Access Road;
Whereas, the Rear Access Road is for purposes of this Agreement segmented into Part A,
Part B and Part C and legal descriptions and sketches for Part A, Part B and Part C are attached
as Exhibit "4" and incorporated herein by reference;
Whereas, Collier County has agreed to grant a limited, perpetual, non-exclusive access
and drainage easement giving to Land Owner a right of access over the roadway constructed by
County on Part B and C of the Rear Access Road (hereafter "Access and Drainage Easement")
for the benefit of the Property on the condition that the County may, in its sole discretion,
modify, alter or move the roadway constructed within Part A, B and/or C of the Rear Access
Road including moving the access point on Goodlette-Frank Road to the south of the access
location depicted on Exhibit 2; provided, however, that any proposed relocation of the easement
shall continue to provide a reasonable right of access to Land Owner under this Agreement or the
easements created or modified hereby, and shall not materially increase Land Owner's cost of
maintenance of the improvements over the Existing Access Easement as hereinafter defined. In
such case, the Land Owner shall cooperate with the County to modify or release its interest in
Part B and C of the Rear Access Road and the County shall grant a new easement to the Land
Owner as needed;
Whereas, as part of the Access and Drainage Easement, the Land Owner may enhance the
landscaping on Parts B and C of the Rear Access Road upon (i) prior written approval of
landscape plans by Collier County Parks and Recreation and (ii) Land Owner's assumption of
the maintenance obligation associated with the landscaping; and (iii) Land Owner assumes all
risk of loss should the County desire to remove, alter or modify the landscaping.
Whereas, the Zoo has agreed to subordinate its leasehold interest to, and otherwise join in
execution of, (i) the Access and Drainage Easement over and across Part B and C of the Rear
Access Road, and (ii) the modification of the Existing Access Easement over and across Part A
of the Rear Access Road as and to the extent hereafter provided;
Whereas, the Parties acknowledge and agree that the Land Owner shall not be entitled to
use the part of the Rear Access Road located on Part A, Part B or Part C for construction vehicles
or commercial motor vehicles as defined in 49 CFR 383.5; provided, however, that the Land
Owner shall be entitled to use the part of the Rear Access Road located on Part A, Part B and
Part C for (i) resident vans which do not exceed 20,000 pounds serving a senior living
development on the Property and (ii) emergency vehicles. Nor shall the Land Owner be entitled
to construct or alter improvements within the Access and Drainage Easement without the
County's written consent.
Whereas, the Property is currently served by:
(i) an access and egress easement over the north 60 feet of the west 950 feet of Lot 6
of Naples Improvement Company's Little Farms Subdivision, the plat of said
subdivision on file and recorded in the office of the Clerk of the Circuit Court in
Plat Book 2, Page 2 in the Public Records of Collier County, Florida, reserved in
Page 2 of 8
9
16D18
a deed from The Trust for Public Land to Collier County dated December 19,
2005 and recorded on December 19, 2005 in OR Book 3950, at Page 2584 et. seq.
of the Public Records of Collier County, Florida (the "Existing Access
Easement"); and
(ii) a utility easement over the same land under a Utility Easement Agreement from
Collier County dated January 10, 2006 and recorded on January 30, 2006 in OR
Book 3973, at Page 3057, et. seq. of the Public Records of Collier County, Florida
(the "Existing Utility Easement").
Whereas, a legal description and sketch of the Existing Access Easement over Part A and
the Existing Utility Easement over Part A are attached as Exhibit "5" and incorporated herein by
reference;
Whereas, Collier County has agreed to modify the Existing Access Easement to expressly
include access over all of Part A to connect it to Parts B and C (and therefore create a continuous
uninterrupted Rear Access Road to serve the Property) and drainage serving Land Owners
roadway over Part A limited to an open swale or underground piping consistent with County's
design of the roadway and drainage on Parts B and C. Land Owner may also install landscaping
along the roadway and on Part A of the Rear Access Road upon (i) prior written approval of
landscape plans by Collier County Parks and Recreation and (ii) Land Owner's assumption of
the maintenance obligation associated with the landscaping; and (iii) Land Owner assumes all
risk of loss should the County desire to remove, alter or modify the landscaping.
Whereas, the Parties acknowledge and agree that the legal effect of the Existing Access
Easement and the Existing Utility Easement are not adversely affected by this Agreement except
that the Land Owner is not entitled to an access point to Goodlette-Frank Road from Part A;
Whereas, Collier County has completed construction of the part of the Rear Access Road
located on Part B and Part C and agrees to maintain same in good repair;
Whereas, within sixty (60) days of execution of this Agreement, Fifth Third, its
successors or assigns, shall deliver to Collier County a cashier's check payable to Collier County
in the amount of Twenty Thousand Two Hundred Fifty Dollars and 00/100 Dollars ($20,250.00)
(the "Proportionate Share Equalizing Contribution");
Whereas, the Parties acknowledge and agree that Land Owner shall have the
discretionary right to construct the part of the Rear Access Road located on Part A as, when and
if it chooses to do so, but that Land Owner has no obligation to build the part of the Rear Access
Road located on Part A;
Whereas, if they have not already done so, Land Owner shall prepare and Collier County
shall review and approve any plans and permits required for construction on the part of the Rear
Access Road located on Part A;
Page 3 of 8
CCPI()
16D18
Whereas, Land Owner shall as and to the extent provided herein pay the entire cost of
designing, permitting, constructing and thereafter maintaining in good repair the part of the Rear
Access Road located on Part A;
Whereas, the Parties agree that the obligations of Land Owner described herein constitute
Land Owner's payment of its pro -rata share of the expense of designing, permitting and
constructing a rear access road between the southwest corner of the Property and the Goodlette
Road/Fleischmann Boulevard intersection over land owned by Collier County and leased to the
Naples Zoo as and to the extent provided in the Rezone Application;
Whereas, the Collier County Growth Management Division and Public Services Division
Administrators have recommended to the Board of County Commissioners that the
improvements set forth in this Agreement are consistent with the County's transportation
network and park development systems; and
Whereas, after reasonable consideration by the Board of County Commissioners, the
Board finds and reaffirms that:
(i) This Agreement is consistent with the County's transportation network and park
development systems;
(ii) This Agreement, 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, public park, and general 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 network and park
development systems; and
(iii) This Agreement is consistent with both the public interest and with the
comprehensive plan.
WITNESSETH:
NOW, THEREFORE, in consideration of the sum 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:
Incorporation of Recitals. All of the Recitals are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below as
agreements by, between and among the Parties which they acknowledge and
confirm they will abide by and otherwise perform.
2. Indemnity; Insurance Requirements. Land Owner, as Indemnitor hereunder,
shall indemnify and save harmless the County and the Zoo, as Indemnitee
hereunder, including all employees of the County and the Zoo, from any loss or
damages Indemnitee may suffer as a result of claims, suits, damages, losses, fines,
penalties, interest, expenses, costs, or judgments, including attorneys fees and
Page 4 of 8
Ego
16018
costs of litigation, against the County and the Zoo arising from Land Owner's acts
or omissions in entering into and upon the County land and the Zoo leasehold for
purposes of exercising Land Owner's rights under this Agreement.
3. Assignment of Rights. In the event Moorings Park and Fifth Third proceed to
closing under the Purchase Contract, then Fifth Third shall be released from this
Agreement upon Moorings Park's acquisition of record title to the Property.
Moorings Park, Fifth Third and their successors or assigns may assign their rights
(and delegate their responsibilities) under this Agreement to a related entity or
individual, or a successor or assign of the Property. Upon such assignment to,
and assumption of responsibilities by, the assignee, the assigning Party shall
automatically be relieved of all obligations under this Agreement.
Notwithstanding the foregoing, this Agreement and easement are not assignable
to any owner in the Stoney's Plaza Subdivision in Plat Book 24, Page 27 — 28.
4. Land Covenants. This Agreement shall run with, benefit and burden the land
described herein as land covenants that bind and are enforceable by the Parties
and their successors and assigns.
5. Characterization. This Agreement shall not be construed or characterized as a
Development Agreement under the Florida Local Government Development
Agreement Act.
6. Non Waiver. The failure of this Agreement to address any permit, condition,
term or restriction shall not relieve any Party, as applicant or owner, or their
respective successors or assigns, of the necessity of complying with any law,
ordinance, rule or regulation governing said permitting requirements, conditions,
terms or restrictions.
7. Amendment; Notice. Except as otherwise provided herein, this Agreement shall
only be amended by mutual written consent of the Parties hereto or by their
successors in interest. All notices and other communications required or permitted
hereunder shall be in writing and shall be sent by Certified Mail, return receipt
requested, or by a nationally recognized overnight delivery service, and addressed as
follows:
To Collier County:
Collier County Attorney
3299 East Tamiami Trail
Suite 800
Naples, Florida 34112
Attn: Jeffrey A. Klatzkow
Phone: (239) 252-8400
Page 5 of 8
To Fifth Third:
Fifth Third Bank
Attention: Mr. Brad J. Boersma
Vice President
999 Vanderbilt Beach Road
MD B9997B
Naples, Florida 34108
(D
16D1.z
Notice shall be deemed to have been given on the next successive business day to
the date of the courier waybill if sent by nationally recognized overnight delivery
service.
Execution. Land Owner shall execute this Agreement prior to it being submitted
for approval by the Board of County Commissioners. 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. Land Owner shall
pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to the Land Owner upon request.
9. Dispute. In the event of a dispute under this Agreement, the Parties shall first use
the County's then -current Alternative Dispute Resolution Procedure. 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. In the event any
Party hereto shall institute legal proceedings in connection with, or for the
enforcement of, this Agreement, the prevailing Party shall be entitled to recover
its costs of suit, including reasonable attorney's fees, at both trial and appellate
levels from the non -prevailing Party or Parties. The liability of the non -prevailing
Parties shall be jointly and severally liable for the payment of such fees and costs.
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 6 of 8
16018
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:
DWIGHT)51- BROCK, CLERK
beput Merle
~Attest as to an's
l� lor
sig6aturewly ;.
Approved as to form and legality:
U4 al A Clio) l/
tf-- Jeffrey A. K atzkow r` �
County Attorney
BOARD OF COUNTY COMMI SIONERS
COLLIER COUNTY, FLORID
1' I
Page 7 of 8
GEORGIA A. TILLER, ESQUIRE
Ch4ryoman
Signed, sealed and
delivered in the presence of:
Signature
A -w) c. 4 kOSTA
Printed Name
a4>�'�M 0.
ign ture
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
Fifth Third Bank, an Ohio Banking
CK
In
16018
The foregoing instrument was acknowledged before me this c�'/� day of ak-,Lel ,
2013, by Brad J. Boersma, as Vice President of Fifth Third Bank, an Ohio Banking corporation,
I is persona y now me or has produced as
t en I tcatlol:
ANILA KOSTA
o`.!°Y...... o MY COMMISSION #DD951439
11, 2014
EXPIFES:JAN
Bonded through 1st State Insurance
11354-0001 N 102
6" �&I
Notary Public
Print Name: 1A11L�
My Commission Expires: " /y
Page 8 of 8
16018
EXHIBIT 1
Legal description and sketch of the "Property".
16D18
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16D1R
EXHIBIT 2
Proposed development plan depicting the Rear Access Road.
PUD
(WILDERNESS)
TC—TRANSITIONAL
CONSERVA'nON
(FREEDOM PARK)
BUILDING HEIGHT
RESTRICTION UNE
CITY OF NAPLES
BOUNDARY (TYP)GOODLETTE FRANK
FBYPASS ROAD i
C—w TRACT
TRACT B
W14M.-4- X-8—S-1-2-Sloo-l"Wr
�- EX. FPL EASEMENT 30'
(TO BE RELOCATED) SETBACK
RELOCATED 30' UTILITY
CITY OF NAPLES EASEMENT, 24" WATERMAIN
CITY OF N PLES AND 36" RAW WATERMAIN
BOU(APPROXIMATE LOCATION)
A
NAPLES ZOO
=
y1'
SCALE:
.400'
19.5 ACRES
(✓���\
E
lEAO TECH.
22 ACRES
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ACCESS EAS
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INGRESS/E
) j
LEFT -IN
i
LEFF-OUT
RIGHT -IN
i
J
„
RIGHT OUT
W14M.-4- X-8—S-1-2-Sloo-l"Wr
�- EX. FPL EASEMENT 30'
(TO BE RELOCATED) SETBACK
RELOCATED 30' UTILITY
CITY OF NAPLES EASEMENT, 24" WATERMAIN
CITY OF N PLES AND 36" RAW WATERMAIN
BOU(APPROXIMATE LOCATION)
A
NAPLES ZOO
=
y1'
SCALE:
.400'
19.5 ACRES
(✓���\
E
lEAO TECH.
22 ACRES
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i
_
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paly R0. OAiE
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16D18
N
INGRESS/EGRESS:
LEFT -IN
RIGHT -IN
RIGHT -OUT
GOLDEN GATE PARKWAY
PROJECT
100'
O2 SETBACK
O CITY OF NAPLES
0�2 BOUNDARY (TYP)
15' RIGHT OF ENTRY
TO COLLIER COUNTY
RELOCATED 30' UTILITY
EASEMENT, 24" WATERMAIN
AND 36" RAW WATERMAIN
(APPROXIMATE LOCATION)
PROPOSED CONSERVATION EASE
EX. 30' CITY OF NAPLES
UTILITY EASEMENT
(TO BE RELOCATED)
EX. 24" WATERMAIN AND EX.
36" RAW WATERMAIN LOCATED
WITHIN EASEMENT TO BE
REMOVED OR ABANDONED
P
I-1
LAND USE SUMMARY
CONTINUING CARE RETIREMENT
COMMUNITY AND ASSOCIATED
FACILITIES
19.5 ACRES
LAKES AND WATER MANAGEMENT
2.5 ACRES
TOTAL
22 ACRES
SETBACK SUMMARY
GOLDEN GATE PARKWAY
50 FEET
GORDON RIVER
100 FEET
(FROM CURRENT
MEAN -HIGH-WATER LINE)
SOUTHERN PROPERTY LINE
30 FEET
WESTERN PROPERTY UNE
30 FEET
�I I
TITLE PD MASTER PLAN maECT NO.
215611532
PROA: MOORINGS PARK AT GORDON RIVER
215611532-OIC-OISP.
LENT THE MOORINGS INCORPORATED wE 07/13 1 SHEET N0:
iboie
EXHIBIT 3
Legal description and sketch for the Rear Access Road
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EXHIBIT d
Legal descriptions and sketches for the Part A, Part B and Part C of the Rear Access Road.
16D18
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I� CDR OF 10T 4 PLAT BOOK 24, PACE 27-28
i;R4 (POLFROMEN(00.P TRACT A
TIAS tw 21c 2) ' POB (A) x.11
rRAcr e
NORTH UN£ OP Zor 6, PD 2 PC 2 N 69'5353' E
N 00'1226' YJ (BEARING BASIS)
60.00' PARTA
N 00116'0!'
96.70'
l
0 60' 120' 240'
SCALE', 11' = 120'
THIS PIAN MAY HAVE BEEN ENLARGED OR
REDUCED FROM INTENDED DISPLAY SCALE
FOR REPRODUCTION REASONS
S 69'53 53' W
LOT 7
N""S Bpi fM.Vr
tXy,6'FIO'S LIME FARAD
TRACT C Me z PC z)
ACCESS AND EGRESS FASEIPT
URUTY EASEMENT ACR£EW1
(O.R. J97J, PACE 3057)
606.66'
Lor 6
94W O4iiCLsuff
Lt?ta'AWS ME FA94
(P$ z 1C Z)
CURVE TABLE
LTS
Cl
00'16'01'
£
C2
79.00' 113.66'48'S P 16 01' E
10426'
C3
48.00' 45.61' 33' 527 29' 17-E
19.JO'
L4
116.00' 109.93'49' S27 33' 391
POB (B)
60.01'
43.00' 2203' 51' SIB' 32' 40'E
N
C8108A10'
59.69 51' S16 32' WE
6&90'
C7
11.00' 1659' 86 24' 02' Mr 47' i6'E
15.06'
q
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56.00' S3,OY 54' 17 49' N27 33' 3819
51.11'
C9
IMOO' 10262' 54' 26' 33' 1 1127 29' 171V
98.80'
x
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S 411214' E
98.80'
01
S 8.7591W W
176.99'
L12
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7602'
t1J
N 85'59'17'E
6252'
O
F
rn
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LIS
N 5442'JJ' W
29.18'
LIS IN
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28.01'
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LOT 5
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l
0 60' 120' 240'
SCALE', 11' = 120'
THIS PIAN MAY HAVE BEEN ENLARGED OR
REDUCED FROM INTENDED DISPLAY SCALE
FOR REPRODUCTION REASONS
S 69'53 53' W
LOT 7
N""S Bpi fM.Vr
tXy,6'FIO'S LIME FARAD
TRACT C Me z PC z)
ACCESS AND EGRESS FASEIPT
URUTY EASEMENT ACR£EW1
(O.R. J97J, PACE 3057)
606.66'
Lor 6
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(P$ z 1C Z)
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CURVE TABLE
CURVE if RADIUS LDIOni DELTA MM WMH0 CHORD IEHOTH
Cl
77.00' 121.17'b9TD9'54' 544 4a' 56'W
109.05
C2
79.00' 113.66'48'S P 16 01' E
10426'
C3
48.00' 45.61' 33' 527 29' 17-E
43.91'
C4
116.00' 109.93'49' S27 33' 391
105.66'C5
60.01'
43.00' 2203' 51' SIB' 32' 40'E
26.87'
C8108A10'
59.69 51' S16 32' WE
6&90'
C7
11.00' 1659' 86 24' 02' Mr 47' i6'E
15.06'
Ca
56.00' S3,OY 54' 17 49' N27 33' 3819
51.11'
C9
IMOO' 10262' 54' 26' 33' 1 1127 29' 171V
98.80'
zz
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DLS
ccuu7 �
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8171 p i
XH18IT4 h
0
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(C
LINE TABLE
UNE /
BEARING DISTANCE
LT
N 8953 53' £
20.00'
12
S 0'0607' £
60.00'
LS
S 8914J59' W
60.01'
L4
N 69'4,3$9' E
60.01'
L5 I
S 0'1601' E
49.87'
L6
S am59' W
60.01'
L7
N 69'4359' E
60.01'
L8
S 0`16`01'E
28.01'
L9
S 54 42 JJ' £
29.16'
t10
S 411214' E
98.80'
01
S 8.7591W W
176.99'
L12
N 0'16101' w
7602'
t1J
N 85'59'17'E
6252'
L14
N 0'1444' W
97.94'
LIS
N 5442'JJ' W
29.18'
LIS IN
0-16'01-W
28.01'
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'NOTA SURVME
SKETCH & DESCRIPTION
DHAYM BY:
CHECKED BY:
EXHIBIT"4"
jV
ACCESS;;
DRAINAGEEASEMENT
aoecoDE:
NAPLES ZOO
SCALE
LYING IN
DATE
SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST
FILL, FM13.7
LEE COUNTY, FLORIDA
SHEET:
GradyMinor
O.Cradyhllnorao3 Assoclues. P.A.
00 Via Del Ray
BouRa Springs, Florida 34134
NOT COt(PLETE WHIIOU7
Clvll Engineers . Land Surveyors .
Planners Landscape Architects
SHEETS 1-2 OF 2
Cert of Auth. E0 0005101 Cert. of Auth, LB 0005151
Business LC 26000206
BonitoSprings: 239.947.1144 1viviv.Gra dyAflaor.com FortKyus:239.690.4380
zz
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16D14
EXHIBIT 5
Legal description and sketch of the Existing Access Easement, and the Existing Utility
Easement.
16D18
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S:\PROJECTS-SURVEY 2013\FORT MYERS TEMP WORANAPIES Z00\FM13-73-EXHIBIT 5.DWG
PROJECT: Gordon River Greenway, Zoo
and Fifth Third
PARCEL: Fleischmann Entrance to Zoo
FOLIO: 61940200006
EASEMENT
16D 1
,8
INSTR 4924786 OR 4992 PG 3522
RECORDED 12/17/2013 8:28 AM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70 $0.70 REC $69.50
THIS EASEMENT is made and entered into this 1044' day of ,-n LU- , 2013,
by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing
address of c/o 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors
and assigns, joined by Naples Zoo, Inc., a Florida non-profit corporation, (hereinafter
collectively referred to as "Grantor"), and FIFTH THIRD BANK, an Ohio banking
corporation, having a mailing address of 999 Vanderbilt Beach Road, MD B9997B,
Naples, Florida 34108, its successors and assigns (hereinafter referred to as "Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" include all parties to
this instrument and their respective heirs, legal representatives, successors and assigns.
Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a limited,
perpetual, non-exclusive access and drainage easement giving to Grantee a right of
access over and across roadway and drainage improvements constructed by the
County on the following described lands located in Collier County, Florida, to wit:
The attached Exhibit 1" which is incorporated herein by reference
contains the legal descriptions and sketches for "Part B", and "Part C"
which collectively comprise the "Easement Area" encumbered by this
Easement.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns,
for access and drainage purposes for the benefit of property described in the
attached Exhibit "2" which is incorporated herein by reference (the "Property"). The
easement granted herein shall constitute an easement running with the land and shall
burden the Easement Area. Provided, however, this Easement does not provide a right
of access for construction vehicles, or commercial motor vehicles as defined by 49 CFR
383.5 (2013); provided, however, that the Grantee shall be entitled to use the part of
the Rear Access Road located on Part A, Part B and Part C for (i) resident vans which
do not exceed 20,000 pounds serving a senior living development on the Property and
(ii) emergency vehicles. Nor shall the Grantee be entitled to construct or alter
improvements within this easement without the County's written consent. County
reserves the right, in its sole discretion, to modify, alter or move the roadway
constructed by the County within this Easement including the right to move the access
point on Goodlette-Frank to the south; provided, however, that any proposed
Page 1 of 3
16018
relocation of the Easement shall continue to provide a reasonable right of access to
Grantee and shall not materially increase Grantee's cost of constructing improvements
over the Existing Access Easement (as hereinafter defined). As part of the Access and
Drainage Easement, the Grantee may enhance the landscaping on Parts B and C of
the Rear Access Road upon (i) prior written approval of landscape plans by Collier
County Parks and Recreation and (ii) Grantee's assumption of the maintenance
obligation associated with the landscaping; and (iii) Grantee assumes all risk of loss
should the County desire to remove, alter or modify the landscaping.
The Property is currently served by an access and egress easement in favor of Grantee
over the north 60 feet of the west 950 feet of Lot 6 of Naples Improvement Company's
Little Farms Subdivision, the plat of said subdivision on file and recorded in the office of
the Clerk of the Circuit Court in Plat Book 2, Page 2 in the Public Records of Collier
County, Florida, reserved in a deed from The Trust for Public Land to Collier County
dated December 19, 2005 and recorded on December 19, 2005 in OR Book 3950, at
Page 2584 et. seq. of the Public Records of Collier County, Florida (the "Existing Access
Easement"), Grantor, as the current owner of fee simple title to the land encumbered
by the Existing Access Easement, hereby modifies the Existing Access Easement to
expressly include access over all of Part A to connect it to Parts B and C (and therefore
create a continuous uninterrupted Rear Access Road to serve the Property) and
drainage serving Grantee's roadway over the Existing Access Easement and the
balance of Part A as a permitted use limited to an open swale or underground piping
consistent with the County's design of the roadway and drainage on Parts B and C of
this Easement. Grantee may also install landscaping along the roadway on Part A of
the Rear Access Road upon (i) prior written approval of landscape plans by Collier
County Parks and Recreation and (ii) Grantee's assumption of the maintenance
obligation associated with the landscaping; and (iii) Grantee assumes all risk of loss
should the County desire to remove, alter or modify the landscaping.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
ATTEST:
} qw[OWE, BROCK, CLERK
T
De
,-.1
only.
Tprovdd,;ds to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
BOARD QF OUNTY COMMISSIONERS
COLLIER COUNTY, VLORIDA
BY:
Page 2 of 3
IA `A/H4.�ER, ESQUIRE
Chairwoman
16D18
JOINDER
Naples Zoo, Inc., a Florida non-profit corporation, joins in the execution hereof to
subordinate its leasehold interest in the Easement Area and Part A to the Easements
created and modified hereby.
Signed, sealed and
delivered in the presence of:
".!104f7.u.('M
MS ature
eessicn • 1 _' .
-. Name
12
Signature
5�
.Cy4r•► /ti r'�n�tf� T
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
Ch) &/ '2013, by
Zoo, Inc., a Florida
produced
Naples Zoo, Inc., a Florida non-profit
corporation
By: Q&/�
J ulvena
Si ent and Chief Executive
Officer
instrument was acknowledged before me this Z`'llday of
Jack Mulvena, as President and Chief Executive Officer of Naples
non-profit corporation, who is personally known to me or has
as identification.
,•�Y%t'''% RACHEL A. BRUHN
'�� �'•:
Notary Public -State of Florida Notary Public
MY Comm. Expires Mar 19, 2015 Print Name: p>✓ ule( . (1J (1
.;��� �•i Commission of EE 75141 My Commission Expires: 3
Bonded Through
h' u h National Notary Assn.
11354-0001 #103
Page 3 of 3
16D18
EXHIBIT 1
Legal descriptions and sketches for Part A, Part B and Part C which collectively comprise
the "Easement Area" encumbered by this Easement.
N T O N p ? O
m C, O
' p O K
N I? I I D I N I N
Ag
All
UH61,10-
S:\PROJECTS-SURVEY 2013\FORT MYERS TEMP WORK\NAPLES Z00\FM13-73-EXHIBIT 4.DWO
C/
PUG STONEYS PLAZA LOT 7
LINE TABLE
QMVM 03M OF IDT 4 PLAT BOOK 24, PACE 27-28 AARLS AFRaW.7
UNE j
BEAR'NG
fm IFF101aw F oow 'POB (A) TRACT A O]AAW/S LITRE FARt4
JME
TRACT B TRACT C (PB Z
M 2)
10.00'
NORTH LJNE OF LOT 6, P8 2 PG 2 N 8953'53' E 744.00'
$ 0'0607' £
60.00'
8FARING BASIS � AND MUS
oo'IT'2,#' w i ) UTILm FA.SEWiNr AGRfi711ENT,
S 69'4359' W
G
60.00 PARTA �_ (O.R. J974 PAGE J057)
N 89'4.7'39' E
60.01'
N 00'16 01 W S 89'5J53' W 606.66'
S 0'!601' £
49.67'
96.70'
S 89'4359' W
60.0!'
LOT 6
N 69.43'39' £
60.01•
r"o
S 0'16'01' E
76.01'
LJ'0!' E Q'11 %Vs umr rAmA
S 54'41:73' E
1D.16'
L4' (P8 Z PG Z)
S 07444' E
D6.60'
Lll
S 6559'17 W
33' N2T 29' 1711
POB (B) -1
N 0'I B'Ol' W
70.02,L1J
0
O
N 6539'17 E
4232'
CURVE TABLE
N 0'1444' W
97.D4'
Z
N 34'41 JJ' W
79.16'
C104t Rm9ls t77+a1H CMU OM 054M MM
w
ILNCTH
1501'
o �.
o p C1 77.00' 121.1Y 9P 09' S4' W 48' 361Y
109.05'
r
CZ 79.00' 11316' 67 u' 46' S Q 16' 01' E
104.26'
E m
C3 46.00' 45.61' Si 26' J3' S2T 29' 1T'E
43.91'
o 1--W
G 116A0' 109.93' SC tY 49' S27* 33' 39i
fO5A6'
CS 4500' Z7.0]' 3? IV S1' Si4 32' 40'E
LL
256Y
0 C6 10500' 59.69' 3z IV SI' 516 3Y 40'E
5590'
b
b C7 11.00' f6s9' 68' 24' 02' INt 4Y 16i
15.p6'
y C6 56.00' s3.DY 34' fY 49' NZT 3Y 38Y
51.1 t'
lOT 5
Nym Ail AC61lTT C9 106A0' 1026Y SC W
CMPN&'S URIE FA94
a (R7$ fCZ)
6
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0 60' 120' 240'
SCALE: 1" = 120'
THIS PLAN MAY HAVE BEEN ENLARGED OR
REDUCED FROM INTENDED DISPLAY SCALE
A
FOR REPRODUCTION REASONS
3
'NOTA
4
SURVEY'
SKETCH & DESCRIPTION DRAWN BY:
ots
CHECKED BY:
D LS
EXHIBIT" " JOB CODE:
ACCESS,DRAINAGE,EASEMENT
ccufn
N SGAIE
=12a
NAPLES ZOO
DATE:*
1
LYING IN
FILE: FM13.73•EXHIBIT4
aryls;
SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST
LEE COUNTY, FLORIDA SHEEr.
2 of 2 "+
0. Grady &floor and Associates. P.A.
GradyMinor 3800 Via Del Rey
R
vj
Bonita Springs. Floridal34134
Nor comm � atnw
SNEE7S 1-2 OF
2
Civil Engineers . Land Surveyors . Planners . Landscape Architects
Cert of Auth. ED 0005151 Cort or Auth. LB 0005151 Bualneae LC 26000266
Bonita Springs: 239.947.1144 wim CrodyUfnor. com Fort Mycrs: 239.690.4380
CL
161318
LINE TABLE
UNE j
BEAR'NG
OIS7ANCE
Ll
N 69'53'33' E
10.00'
L2
$ 0'0607' £
60.00'
LJ
S 69'4359' W
60.01'
L4
N 89'4.7'39' E
60.01'
LS
S 0'!601' £
49.67'
L6
S 89'4359' W
60.0!'
[7
N 69.43'39' £
60.01•
W
S 0'16'01' E
76.01'
Lit
S 54'41:73' E
1D.16'
L IO
S 07444' E
D6.60'
Lll
S 6559'17 W
33' N2T 29' 1711
06.60'
161318
LINE TABLE
UNE j
BEAR'NG
OIS7ANCE
Ll
N 69'53'33' E
10.00'
L2
$ 0'0607' £
60.00'
LJ
S 69'4359' W
60.01'
L4
N 89'4.7'39' E
60.01'
LS
S 0'!601' £
49.67'
L6
S 89'4359' W
60.0!'
[7
N 69.43'39' £
60.01•
W
S 0'16'01' E
76.01'
Lit
S 54'41:73' E
1D.16'
L IO
S 07444' E
D6.60'
Lll
S 6559'17 W
1799'
C /1
N 0'I B'Ol' W
70.02,L1J
N 6539'17 E
4232'
L14
N 0'1444' W
97.D4'
L 15
N 34'41 JJ' W
79.16'
L16
N 0`161011W
1501'
161318
EXHIBIT 2
Legal description and sketch of the Property.
1
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30 � a 110 9
tla a T!
Iii @ It
tt t i LJ il IM9
11 Of e0:9999�!,
$1 14 lie ��� ill
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