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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 SJZ Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SJZ document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SJZ 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 zo pp N gg p# p r� n i 4gxg sy$eA ai J rn m ae 3�j%" �a QA Aii gg yA$ rry ��� �ci ��e� � #� a o r °d' � @�� 9=a a }dg a a � � • � 1#� � 3lMa g°t Rt eRt �p at Ep gi °S _ pit 1H it df I t t'M 4 t Hi d ►q� � t t I % ! tit 1 411 e' 1A Q , cyst . g ": Poll}}} co �iZ J •� �2r gg$$_ 7 co aW-1 OEM!! - ''• Aga w %j � l�3� III �� � Z;i I kA� ���a I i A\ R g Y • Yr�� ilia us W11 �^ � ��` I o �� � lit � .� � •°t' $ � � � g! g ��A v i �t �yy g� oN ygt fp @ H a � gji:� 1 R t;ES Y ba- E- �p3S` p'- ' W xo g � I��i�tl �7� � 1� 1rid co'oct C tdl �' � 3 Y:1p2a m Rt�5tB a QQp E t R @pypytyiy66pi( %.�� IZ�§p "�y! sill,01 t @ t IEe a QQ� C A F`gal QI sill a 45 $ dSgYg �i $ l�a�a�aQ It �d6YY; ! 4p° Yr� p 95 xy �� i SS aau vl,'C M�AfM N 1I +� 25mn , ,,cno N 9 %p 9 ° g� � '�R € y4 ' g f—�p71 j` a S �J� a� '�����AY i i,� 5�-�'',' ; � �� S►�� g�X �3e�°� 5g�� t%�a5&�9 i>� 1�69� ¢�`a �� EY �Y�i$ • x x. $ b C t SC Q(s l C I " � I I I E€ �', g: .g• °.` '< q a @! g9lg N, a� c s �3�� �,41.�Bt. `; p5 c � A ° g s. !� ty,° g� S • _°,�� 4E*xaeai �Yc,$�°i�. 5.�t8 gD°� � _ • � �O) � � ���'" II �° i} ` C �` s� ��a:A @ ioY4� @ f�Yx9•fSY 44g Y�C� °° gg#AEt�,''�(Q # E EQeBlAit$st $�„BIiR'=Yy[_ ►'Y�p 3gCi�!xf �� - qo'rSI'M m191 MT a z ncq � •- tg% It�a�S "' I I o � �'$y� �� i��� '%�!!� �� gYy�gd �i � 3!@ Y3�S3-r'i�II n iP a.,,g8%g8 j '3,1r°i% 1°i2ic° s+la 5.'g�j�54ejf Siad lA�um z ij gillnt pn 1 ~ oo co 0 lie SE ° W .„..s.•m...o _ ii or YRX° aa-=='�'Z- R � 6`-�.,,.�.— w....,.a title a _• 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 \f/. i _ C_'89458 7IDObk11sr.5Jstm KisiL Nl6YCi SEC_W-ROE s Ft =4 . fa 2194IMS ACCESS EAS \ i u.e9w,nAroab.reroa .....>uvra. I �I c �\1 w 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 \f/. i _ C_'89458 7IDObk11sr.5Jstm KisiL Nl6YCi SEC_W-ROE Ft =4 . fa 2194IMS paly R0. OAiE 27. 195. 25E u.e9w,nAroab.reroa .....>uvra. 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 m'Ri�ay��?p~�"� Jaz o Elk aU Ch �:1�a`1 � bays' s•��`$ � .y, ra mg-3 UP aba PChi� tbb� Tt RU gryS�'��4,o�'�Cn�$�, co yam_ � 0.y W co O N d w c Im -a!RN o z 0V O� � 0 m �z o W�yo r = F, zG cgi z N� �\ Qs'• Gi ti o _J b sus I:\PROJECT SURVEY 2013\73 - NAPLES Z00\SURVEY\FM13-73-ODI.DWG p � W V 01 cn •�A W � y `�1 a 'e Z z 2 z y y y y y x C a q m 4 z A ? � K ^i A TK Q •TCj m N� m �+ m � b m d N N iril M o a .Ni A ? � K ^i A TK Q •TCj m N� m �+ �• � b iril W g$W m m tri ri m M n z v O -'1 O C7—r D co m r- w "C' � kyr �I � CA -C r S 0 SI cP co m OzoVI � 93 O - �- 0 " s m Ta =C7 SURVEY 2013\73 - NAPLES Z00\SURVEY\FM13-73-001.OWG 16D18 GOODLE7TE-f MKROAD VSTfiWiF6>:YTMiT-fAN Ra(o r- V s� � 93 O 1 1 I 1 I I 1 i i EXHIBIT d Legal descriptions and sketches for the Part A, Part B and Part C of the Rear Access Road. 16D18 pv > 1,33 ggM 9-A cn FI �p IW444CD n >cn-JARWA� }.y�t3g Gi4i 25 a E N. Ri §CD �N fpyi��9-h-qu 2511IIk$ iR o CD s�L� 7�€�f8R Si Fflis�� S arc 41ga>>�q>y>r'f'i p p G O N o r W O rn � Im n� W o� zC mo o rots 0cn n n Z _ C') oxr Dzx s �� sn m c ZA Cv� roD szu � �ti �`Dczi aimw rn N r�OZ O A .CIO 0 a 0 Z D W m dd ti m m yb i G S:\PROJECTS-SURVEY 2013\FORT MYERS TEMP WORK\NAPLES Z00\FM13-73-EXHIBIT 4.OWG 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 O 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 � 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' O F rn o N LIS N 5442'JJ' W 29.18' LIS IN 0-16'01-W 28.01' � o a S � o � ti LOT 5 1YJTES Hfl1T MAWS UME FAM4 u (PB z PC 2) 6 POB (C I I Q r Q I a iLOT 4 ly IN44ES uFhXEW Ca.-AWS L rJ z PC ) 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) zz w OLS W DLS ccuu7 � 1'- 1231 O 8171 p i XH18IT4 h 0 77 2 N (C 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 w OLS W DLS ccuu7 � 1'- 1231 O 8171 p i XH18IT4 h 0 77 2 N (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' zz w OLS W DLS ccuu7 � 1'- 1231 O 8171 p i XH18IT4 h 0 77 2 N (C '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 w OLS W DLS ccuu7 � 1'- 1231 O 8171 p i XH18IT4 h 0 77 2 N (C 16D14 EXHIBIT 5 Legal description and sketch of the Existing Access Easement, and the Existing Utility Easement. 16D18 s M m y m o s a m m o < MOO` GOODLE77E-FRANK ,� b ROAD o Q m ri '+, T• + a u r �i toy gg R 0 m FASli10'N(FQOX(ETIi-yRUi(RiYp 60.00 a C N q, 'i S• 1 gg� b'i q a a� o0 G O S ; �+ N C) A R N F m V cu b W N pC,g O s � O cn Cn m d m so ass �g yep z �O C/) v 0 m z m v m Z 60.00' m O Z W z` o Z cZnm W Sc rzoz N A en m N G) CnCna W ul O oom so =02 II cl � En m F,0 o 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 >s POB (CLl I I U ' ti I CC 4 COT 4 A W AFR 1i101T RXR4N'S LITRE FA9tQ I �zFGZ) ' Lr 3 m O tl Lit C I n �f o� N 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 Bt 3t � a 30 � a 110 9 tla a T! 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