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Agenda 05/27/2008 Item #16C 1 Agenda Item No, 16C1 May 27, 2008 Page 1 of 12 ~ EXECUTIVE SUMMARY Recommendation to approve a License Agreement with Gulf Coast Citrus Caretaking, Inc., for the use of Collier County Water-Sewer District-owned property at the Northeast Water Treatment Plant and Water Reclamation Facility site. OBJECTIVE: To obtain approval from the Board of County Commissioners of Collier County Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District ("District"), to execute a License Agreement with Gulf Coast Citrus Caretaking, Inc" (Licensee) for the use of 206,27 acres of land located at site of the future Northeast Water Treatment Plant and Water Reclamation Facility, A location map is attached. The public purpose is to provide management, maintenance and caretaking services at, and generate potential revenue from, vacant District land until such time as development commences. CONSIDERATIONS: In 2003, the District purchased approximately 216 acres of property adjacent to the County Fairground property for use primarily as a water treatment plant and water reclamation facility, The development of the site would also include a regional park, a recycling center, and several utility transmission easements. ~ A large portion of the property was a citrus grove owned and operated by Mr. Bryan Paul, et aL Since the District's plans for developing the property were not immediate, the seller, Mr. Paul, requested to remain on the property to continue his citrus farming activities until such time as the property was developed, The term of use was for three (3) years, expiring in mid-2006, With the development of the property now scheduled for the year 2012, at this time Mr. Paul and his company, Gulf Coast Citrus Caretaking, Inc" would like to continue operating the citnus grove, County staff is agreeable to this request The attached License Agreement has been prepared for the Licensee's continued use of the property for an initial term commencing on the date the Board of County Commissioners approves the License and terminating on July 31, 2012. If the District's construction schedule should be extended, the License provides for the term to be extended on an annual basis, The Licensee has agreed to provide the District with payment for use of the property that equates to fifty percent (50%) of the Licensee's net profit for each season's harvest Assuming ideal conditions for citrus farming, the County is anticipating revenue to be approximately Twenty-five Thousand ($25,000,00) to Thirty Thousand Dollars ($30,000,00) annually, /~ The Licensee shall pay for all maintenance, caretaking and utility costs associated with its operation at the property, The District shall not be responsible for any loss of crop due to weather, natural disasters or vegetative diseases at the subject property. The District shall have the right to enter upon the property, at any time, for conducting studies or testing related to the future development plans for the property, If the District is required to remove citrus trees for its studies or testing, the Licensee is aware of this stipulation, in which case the trees will not be replaced. Agenda Item No, 16C1 May 27, 2008 Page 2 of 12 The District shall also have the right to utilize the property for debris collection, storage and processing in the event of a natural disaster, whereby at least seventy percent (70%) of the grove is damaged, FISCAL IMPACT: Any collected revenue shall be deposited into account number 408-21 0155- 362190, GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan, LEGAL CONSIDERATIONS: The attached License Agreement has been reviewed and approved by the Office of the County Attorney for legal sufficiency, - JAB RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approves and authorizes its Chairman to execute the attached License Agreement with Gulf Coast Citrus Caretaking, Inc., for use of District-owned property, PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department Page 1 of2 Agenda Item No, 16C1 May 27, 2008 Page 3 of 12 COLLIER COUNTY ~ I, BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C1 Recommendation to approve a License Agreement with Gulf Coast Citrus Caretaking. Inc., for the use of Collier County Water- Sewer District-owned property at the Northeast Water Treatment Plant and Water Reclamation Facility site. Meeting Date: 5/27/2008 90000 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 4111/20081:26:01 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 41231200810:57 AM Approved By Alicia Abbott, E.1. Project Manager Date Public Utilities Public Utilities Engineering 4124120088:12 AM ~ Approved By Phil E. Gramatges, P .E. Sr. Project Manager Date Public Utilities Public Utilities Engineering 4/24/20088:13 AM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 5/6/2008 2:45 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 518120081:51 PM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 5/8/2008 2:40 PM Approved By Toni A, Matt Real Property Supervisor Date Administrative Services Facilities Management 5/1212008 1 :40 PM Approved By Skip Camp, C.F.M, Facilities Management Director Date r Administrative Services Facilities Management 5/12/20085:50 PM Approved By file://C:\AgendaTest\Export\l 08-May%2027, %202008\] 6,%20CONSENT%20AGENDA \] n. 5/21/2008 Page 2 of2 Agenda item No, 16C1 May 27,2008 Page 4 of 12 James W. DeLany Public Utilities Administrator Date Public Utilities Public Utilities Administration 5/13/20089:02 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/16/20083:11 PM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/16/20085:22 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/19/20089:12 AM file://C:\AgendaTest\Export\1 08-May%2027, %202008\1 6.%20CONSENT%20AGENDA \ I". 5/21/2008 Agenda Item No, 16C1 May 27, 2008 Page 5 of 12 LICENSE AGREEMENT ('\ , , THIS LICENSE AGREEMENT entered into this _ day of , 2008, between GULF COAST CITRUS CARETAKING, INC., a Florida corporation. whose mailing address is 5701 Fort Denaud Road, LaBelle, Florida 33975, hereinafter referred to as "Licensee," and the BOARD OF COUNIT COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF the COLLIER COUNTY WATER-SEWER DISTRlCT, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Licensor." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE L Demised Premises Licensor hereby offers to Licensee and Licensee hereby accepts from Licensor the use of Two Hundred Six point twenty-seven (206.27) acres of property that is currently planted with citrus, described in Exhibit "A" which is attached hereto and made a part of this License, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of operating an orange grove. This License Agreement may be amended from time to time in order to change the size of the Demised Premises as necessary to accomplish the goals, policies, and objectives of the Licensor's plans for this sire. ARTICLE 2, Term of License Licensee shall have and hold the Demised Premises beginning on the date Licensor executes this License, hereinafter referred to as the "Effective Date," and continuing to and including July 3J, 2012, unless otherwise terminated at an earlier date or extended beyond July 31, 2012. r Licensee is granted the option, if the Demised Premises are not ready to be improved as Licensor anticipates, and provided Licensee is not in default of any of the tenus of this License, to renew same on a seasonal basis, as hereinafter defined, under the same terms and conditions as provided herein, by giving written notice of Licensee's intention to do so to the Licensor not less than one hundred eighty (180) days prior to the expiration of the License. ARTICLE 3, Comnensation As compensation for use of the Demised Premises, Licensee shall pay Licensor a fee equal to fifty percent (50%) oftne net profit of the Demised Premises for each citrus fruit season this License is in effect after the 2008- 2009 season. Fees shall be paid on July 31, the last day of the season for which fees are due. Accordingly, the first fee payment is due on July 31,2010, for the 2009-2010 season. and no fee is payable on July 31, 2009 for the term of this License before July 31, 2009. For purposes of this License, a "citrus fruit season" or "season" runs from August 1 of a year through July 31 of the following year. Also for purposes of this License, the "net profit of the Demised Premises" for a citrus fruit season is the gross receipts from the sale of that season's crop less picking, hauling, and roadside costs, Jess any handling or unloading charges made by the plant(s) to which the crop is delivered., less any advertising assessment, box tax, or other charge made by or on behalf of the State of Florida or Florida Citrus Mutual, and also less the costs of caretaking the Demised Premises during that same season. Each fee payment is to be accompanied by a worksheet that shows how Licensee calculated the fee due to Licensor, a copy of plant remittances or other similar documents that show the amount received by Licensee for the fruit produced from the Demised Premises for the then~ending season, and a copy of Licensee's ledger that shows the costs to caretake the Demised Premises for the same season. ARTICLE 4. Termination A. Either Licensor or Licensee may terminate this License in its entirety upon twelve (12) months prior written notice to the other. ~ , B. If this License terminates before the end of a season, Licensee shall be entitled to sell, harvest, and receive the proceeds of all crops growing on the Demised Premises as of the termination dale, and the fees due for the portion of the season during which the termination occurs shall be determined and paid in accordance with paragraph 3. C. Upon the natural expiration or termination of this License, the Licensee shall peaceably and quietly quit and surrender to Licensor the Demised Premises in good order and condition, subject to the other provisions of this License. ARTICLE 5, Caretaking Agenda Item No. 1'1 May 27, 2 08 Page 6 of 12 I Licensee shall caretake the citnls trees and crops on the trees growing on the Demised Premises. Licensee shall pay aU costs of caretaking bet'.veen and including the Effective Date and the tennination date ofthis License. ARTiCLE 6, Caretakin. Standard During the term of this License the Licensee shall exercise good production and husbandry practices in accordance vvith accepted commercial agricultural practices and procedures in the county in which the Demised Premises is located, said practices to include fertilizing, cultivating. spraying, irrigating, and other commonly accepted practices in the area. Notvlithstanding, Licensee shall not be required to reset or replant any citrus trees on the Demised Premises that are lost, die, or become unproductive during the term of this License. ARTICLE 7. Licensee's Rillht to Sell Crans and Ril!ht to era" Proceeds Licensee shall have the right to sell all crops grown on the Demised Premises during the term of this License. Licensee shall have the right to receive the proceeds of all crops grown on the Demised Premises during the term of this License. ARTICLE 8. Casualty or Disease Loss Licensee is not responsible for any loss of crop or trees caused by hurricane, wind, flooding. freeze, disease, plant pest, governmental action, and any other matter outside the control of Licensee. Licensee is not responsible for any loss of crop or trees because of or relating to citnlS canker or Greening. Licensee may but is not required to replace any trees that die or are destroyed as a result of governmental action during the License term. ARTICLE 9. Use and Occuoancv During the teon of this License, Licensee shall be entitled to use and occupy the Demised Premises for the growing of citrus crops. Licensee and Licensee's agents shall at all times during the term of this License have a right of ingress to and egress from the Demised Premises to inspect and caretake the citrus trees and fruit growing on the Demised Premises and to harvest the crops growing on the Demised Premises. ARTICLE 10. Licensor's Access to Demised Premises Licensor, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the Demised Premises or any part thereof at any time, with reasonable notice to Licensee, for the purpose of conducting engineering studies and testing, soil borings and the like in connection with Licensor's future development plans concerning the Demised Premises, and Licensee acknowledges that equipment used for this purpose may be oversized and may require removal of some of the citrus trees. Licensor shall notify Licensee and work with Licensee to minimize damage and/or removal of the citrus trees ifthe same shall become necessary. In the event of a natural disaster, as a result of which seventy percent (70%) or more of the citrus grove on the Demised Premises is determined to be lost, Licensor shall be permitted to enter upon the Demised Premises for the purpose of conecting, storing and processing debris resulting from a natural disaster. ARTICLE 1]. Utility Expenses Licensee shall be solely responsible for the payment of all charges for electricity, water, debris removal, dumpster charges, and other utility services used in connection with the activities of Licensee during the term of this License and any extensions thereto (if applicable), but not debris removal under the second paragraph of Article 10. ARTICLE 12. General Care of the Demised Premises: Indemnitv Except as may otherwise be provided in this License, Licensee shall commit no act of waste and shall take care of the Demised Premises. Licensee shall, in the use and occupancy of the Demised Premises, comply with all laws, orders, and regulations. Licensee shall not generate, manufacture, spill or leak any herbicide, pesticide, insecticide, petroleum product or any other hazardous material or substance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended or any similar federal, state or local laws, guidelines and regulations governing hazardous materials and substances as same may be amended from time to time. All herbicides, pesticides and insecticides shall be used in accordance with best management practices. Licensee shall be responsible for immediately and properly cleaning up and removing any hazardous materials not existing as of the day this License is signed by Licensor, at Licensee's sole cost and expense in compliance with applicable laws 2 ('.. Agenda Item No, 1 1 May 27, 2 08 Page 7 of 12 and then prevailing industry practices and standards. Licensee agrees to indemnify, defend and hold Licensor hannless from and against any claims, demands, actions, causes of action, suits, damages, judgments, orders, decrees, costs and expenses (including but not limited to, attorney's fees and costs, consultants' fees, clean up, fmes, removal and restoration costs) arising from or related to the presence, discharge or spUl of any petroleum products, pesticides, toxic wastes and hazardous substances during the term of this License by persons entering upon the Demised Premises other than Licensor, Licensor's employees, contractors, agents, or invitees. Licensee shall not take any action which causes a lien to be placed on the Demised Premises or any crop grown on the Demised Premises as a result of any activity on or improvement to the Demised Premises by Licensee and Licensee shall indemnify and hold Licensor hannless from and against any loss, cost, damage, or expenses Licensor incurs as a result of any such lien or asserted lien. This indemnity obligation shall survive the tennination of this License. Further. if Licensee fails to fulfill any obligation of this License and Licensee fulfills that obligation, Licensee shall be obligated to pay Licensor the cost incurred by Licensor in fulfilling the obligation and this obligation shall likewise survive termination oftbis License. ARTICLE 13. Default A. If Licensee abandons the Demised Premises or defaults in the performance of any material covenant or agreement herein contained, and such default shall continue for ten (10) days after receipt by Licensee of written notice thereof given by Licensor, or the agent or attorney of Licensor, the Licensor, at the option of Licensor, may declare said term ended and may reenter upon the Demised Premises with due process of law, and remove all persons from the Demised Premises, reserving the right to re-license the Demised Premises. Licensor and Licensee expressly agree that the exercise by Licensor of a right of re-entry shall not bar or prejudice in any way any other legal remedies available to Licensor or Licensee. B. Licensee recognizes that Licensor has a substantial financial interest in having a good faith commercial agricultural operation (an "Agricultural Operation") maintained on the Demised Premises. Therefore, Licensee agrees to maintain an Agricultural Operation on the Demised Premises consistent with the provisions of this License and to notify Licensor if Licensee ceases to use or expects to cease using the Demised Premises for such purposes. Further, if Licensee ceases to use the Demised Premises for an Agricultural Operation, Licensor may terminate the License upon (1.) written notice to Licensee advising Licensee to resume operations within 10 days, and (2.) Licensee's failure to resume operations with 10 days. ~. ARTICLE 14. Assil!I'lment Licensee may not assign its rights under this License without the prior written consent of the Licensor. Licensor is not required to consent to any assignment sought by Licensee. ARTICLE 15. Bindilll2: Effect on Successors and Assil!ns The provisions of this License shall apply to, bind, and inure to the benefit of Licensor and Licensee and their respective heirs, successors, legal representatives, and assigns. ARTICLE 16. Surrender of Premises Licensee shaH remove any improvements completed by Licensee prior to the expiration of this License and shall deliver up and surrender to Licensor possession of the Demised Premises and any improvements not removed upon expiration of this License, or its earlier tennination as herein provided, in as good condition and repair as the same shall be at the commencement of the term of this License or may have been put by Licensor or Licensee during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond Licensee's control excepted. ARTICLE 17. Indemnitv (' Licensee, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless Licensor, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of. any person or persons or damage to property (including loss of use thereof) related to (A) Licensee's use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by Licensor, its employees, agents or contractors) by or on behalf of Licensee in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by Licensee in the perfonnance of Licensee's obligations under this License, or (D) any act, omission or negligence of Licensee or its agents, contractors, employees, subtenants, licensees or invitees but not any act, omission or negligence of Licensor or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or 3 Agenda Item No, 1 C 1 May 27,2 08 Page 8 0 12 proceeding is brought against Licensor by reason of anyone or more thereof, ~icensee shall. pa~ all, costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceedmg If Llcensor shall so request, at Licensee's expense, by counsel reasonably satisfactory to Licensor. The Licensor shall not be liable for any injury or damage to person or property caused by the elements or by other persons on the Demised Premises, or from the sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The Licensor shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the Licensee agrees to hold the Licensor harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Licensor or its employees. ARTICLE 18. Insurance During the tenn of this License, Licensee agrees to procure and maintain in force and at Licensee's expense, general liability insurance in companies approved by Licensor, adequate to protect against liability for personal injury and property damage claims through the use of or arising out of accidents occurring on the Demised Premises a minimum amount of $1 million for each person injwed, $1 million for anyone accident, and $50,000 for property damage. The insurance policy shall provide coverage for Licensor's contingent liability on such claims or losses. The insurance required by this paragraph is to be obtained within ten (10) days after this License has been executed by Licensor and Licensee, and Licensee shall provide Licensor a certificate of insurance which evidences that the insurance has been obtained. Licensee also agrees to obtain a written obligation from the insurers to notify Licensor in writing at least lO days before cancellation or refusal 10 renew any policy required by this paragraph. If the insurance policies are not kept in force during the entire tenn of this License, Licensor may procure the necessary insurance, pay the premium, and that premium shall be repaid to Licensor by Licensee. This repayment obligation survives the termination of this License. ARTICLE 19. Aoolicable Law This License shall be governed by and interpreted in accordance with the laws of the State of Florida. ARTICLE 20. Eouioment Licensee shall provide, a1 Licensee's cost, all equipment necessary to take care of the citrus grown on the Demised Premises. ARTICLE 21. Real Estate Taxes and Mortllaee Debt If during the term of this License any real estate taxes become due on the Demised Premises, any such taxes shall be paid by Licensor. Similarly, if the Demised Premises is mortgaged, Licensor shall maintain and keep the mortgage current. ARTICLE 22. Comnensation for Casualtv Loss If during the tenn of this License any portion of a fruit crop is lost because of casualty or disease, including citrus canker, and any payment is made by a governmental agency to compensate for the loss, the amount so paid shall be deemed to be the proceeds from the sale of the lost fruit, as the same method for payment of compensation as outlined in ARTICLE 3 of this License. ARTICLE 23. Notices Any notice provided for herein shall be given by certified United States mail, postage prepaid, to the parties at the addresses set forth above, with copies to the following: For Licensor: Office of the County Attorney, 3301 East Tamiami Trail East, Administration Building, Naples, Florida 34112. For Licensee: Mr. David Alexander, Esquire, Peterson and Myers, P.S., 141 5th Street N.W., P.O. Drawer 7608, Winter Haven, Florida 33883-7608 The persons and places to which notices are to be mailed may be changed from time to time by either party by \\Titten notice given to the other party. 4 Agenda Item No. 16C 1 May 27, 2008 Page 9 of 12 ARTICLE 24. Attornevs' Fees and Costs (' In the event any tenn or provision afthis License is contested or a breach is committed by either party of any tenn or provision of this License or in the event that either party hereto is required to protect its interest in any bankruptcy proceedings involving the other, the party prevailing in any suit Of other proceedings brought as a result thereof shall be entitled to court costs and reasonable attorneys' fees. ARTICLE 25. Notice of License Neither this License nor any notice thereof shall be recorded in any public records. ARTICLE 26. Captions The captions of this License are for convenience and reference only and in no way define, describe, extend, or limit the scope, meaning, or intent of this License or the meaning or intent of any provision of this License. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO Licensee: -6- d'j GULF COAST CITRUS CARETAKING, lNG., a Florida corporation ~ BY: a WI BRY AN ~u , President ~ WI SS (SIIre) ~.W- ~1 (print name) wZ* tieel tfPJ..!C-Li (print name) l AS TO THE Licensor: DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chainnan Deputy Clerk Approved as to [onn and legal sufficiency: ~ ( ssistant County Attorney 5 Agenda Item No, 1 C1 May 27,2 08 Page10012 Exhibit "An 1 of 2 DESCRIPTION PART OF SECTIONS 11, 12,13 AND 14, TOWNSHIP 46 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND PART OF SECTIONS 7 AND 10, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COlLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88"10'34" EAST 50.D1 FEET TO THE EAST RIGHT QF WAY LINI; QF S-B46 (IMMOKAl.EE BOAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01"53'16" EAST 269,20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88"08'24' EAST 3151.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE OF UNIT 59 SOUTH 86"08'24" EAST 2142,74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINe OF GOLDEN GATE ESTATES UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B, 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88"08'24" EAST 2600,14 FEET: THENCE SOUTH 01"51'36" WEST 764.99 FEET; THENCE NORTH 88"08'24" WEST 1676.51 FEET; THENCE SOUTH 01"51'36" WEST 450.00 FEET; THENCE NORTH 88"08'24" WEST 511.63 FEET; THENCE SOUTH 76"51'16" WEST 431,02 FEET TO THE EAST LINE OF SAID SECTION 14; THENCE SOUTH 76"51'18" WEST 2214,66 FEET; THENCE NORTH 01"53'16" EAST 1632,79 FEET TO THE NORTH LINE OF SAID SECTION 14; THENCE NORTH 01"53'16" EAST 267.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 135.06 ACRES OF LAND MORE OR LESS, AND PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88"10'34" EAST 50.D1 FEET TO THE EAST RIG 1fT OF WAY LINE OF S-84<i (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01"53'16" EAST 269,20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P,B. 7, PAGE 61, PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88'08'24" EAST 3151.50 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE OF UNIT 59 SOUTH 88"08'24' EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B, 7, PAGE 62, PUBLIC RECORDS OF COlLIER COUNTY, FLORIDA SOUTH 88"08'24' EAST 2600.14 FE=r TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE SOUTH 88"08'24" EAST 569.74 FEET: THENCE SOUTH 01"51'36" WEST 1214.99 FEET; THENCE NORTH 88"08'24" WEST 96.25 FEET; THENCE NORTH 01"51'36" EAST 450.00 FEET; THENCE NORTH 88"08'24" WEST 473.49 FEET; THENCE NORTH 01"61'36' EAST 764.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 11.00 ACRES OF LAND MORE OR LESS, 6 Agenda Item No, 1 C1 May 27, 2 08 Page 11 0 12 (0 Exhibit "A" 2 of 2 ~\ AND AU. 11iAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 7J EAST AND PART OF SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, B8NG MORE PARTICULARLY DESCRIBED AS FOll.OWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14: THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 68'10'34' EAST 60.01 FEET TO THE EAST RIGHT OF WAY LINE OF S-648 (IMMOKALEE ROAD): THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01'53'16" EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO lliE PLAT THEFlEOF AS RECORDED IN p.e. .7, PAGE. 8.1 ,PUBLIC BECO.RDS .Of'. .C.O.LL.IER . COUNTY, FlOA10A;THENCE ALONG.SAIOSOLlTHUNE SOUTH !l8"08'24' EAST 5294.24 FEET TO THE EAST LINE OF SAID SECTION 11: THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B, 7, PAGE 62, PUBLIC RECORDS OF COll.lEA COUNTY, FLORIDA SOUTH 88'08'24' .EAST 3169.U8 FEET TO"THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 88'08'24' EAST 2156.49 FEET ,TO THE EAST LINE OF SAID SECTION 12; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID UNIT 60 SOUTH 8B'06'24' EAST 1.85 FEET TO THE WesT LINE OF NORTH GOLDEN GATE CANAL RIGHT OF WAY; THENCE ALONG SAID WesT CANAL RIGHT OF WAY LINE SOUTH 01'49'16' WesT 262.51 FEET.TO THE SOUTH UNE OF SAID SECTION 7; THENCE CONTINUE ALONG SAID WesT CANAL RIGHT OF WAY UNE SOUTH 01'49'16' WEST 662.49 FEET; THENCE NORTH 8S'08'24" WEST o,n FEET TO THE WEST LINE OF SAID SECTION 18; THENCE NORTH 88'OS'24" WEST 21511,25 FEET; THENCE NORTH 01'51'38" EAST 1214,99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN. DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 60.21 ACRES OF LAND MORE OR LESS, " ~ , 7 ~OON ()O~ ~~O -r--:'('.J ON~ Z Q) E~O) 22d" OJ '0 C Q) 0> <( >- I- et:: w 0.. o et:: 0.. I- U W """') 00 :J (f) ~ :: I- 00 - I >< W