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Resolution 2000-071 16 0 4 RESOLUTION NO. -~71 A RESOLUTION APPROVING A GROUND LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE FOR A JUVENILE JUSTICE FACILITY AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME. WHEREAS, the State of Florida Department of Juvenile Justice desires to lease certain land upon which a Juvenile Justice Facility will be constructed; and WHEREAS, the lease has a term of fifty (50) years with one (1) fifteen (15) year renewal term; and WHEREAS, the Board is satisfied that such property is required for a Juvenile Justice Facility and is not otherwise needed for County purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby find that the leased property is required for a Juvenile Justice Facility and is not otherwise needed for County purposes. 2. The Board of County Commissioners hereby approves the attached lease Agreement between Collier County and State of Florida Department of Juvenile Justice. 3. The Chairman of Board of County Commissioners is hereby authorized to execute the attached Ground Lease Agreement. This Resolution adopted this 14-!1+- day of second and majority vote favoring same. fY"\d..I'Lh . , 2000, after motion, ATTEST: DWIGHT E. BROCK, Clerk BO~OUNTY COMMISSIONERS COL-WER COUNTY, FL DA ~~~(~ ,.D~.' . Clerk "S ,',,' .', r-... CY\nL-~ ,-'(print name) , . 'A~est as to Cha1naan's signature on1J. , By:' TI .,App.rovedas to form and legal sufficiency: 0 d'^^ ~ .M--- Thomas c. Pahner Assistant County Attorney GROUND LEASE AGREEMENT 16D This Lease is made and entered into this day of ., 2000, by and between COLLIER COUNTY, a political subdivision, herein referred to as "LESSOR", and THE STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, a State Agency, herein referred to as "LESSEE." The actual date of this Agreement shall be the last signature date. In consideration of the mutual covenants provided herein and other good and valuable consideration, the parties agree as follows: ARTICLE 1. DEMISE OF LEASED LAND 1.1 LESSOR for and in consideration of the rents, covenants and conditions herein contained to be kept, performed and observed by LESSEE, does lease and demise to LESSEE, and LESSEE does rent and accept from LESSOR, the real property, referred to as "Leased Land" described in Exhibit "A", attached hereto and incorporated herein by reference. 1.2 LESSOR hereby represents and warrants that LESSOR is the owner in fee simple absolute of the Leased Land subject to covenants, conditions, restrictions, easements and other matters of record. 1.3 LESSOR covenants and agrees that LESSEE, on keeping the covenants, conditions and terms of this Lease on LESSEE'S part to be kept or performed, shall lawfully and quietly hold, occupy and enjoy the Leased Land during the term of this Lease without hindrance or molestation by LESSOR or any person claiming under LESSOR. ARTICLE 2. LEASE TERM 2.1 This Lease shall be for a term of fifty (50) years, hereinafter referred to as "Lease Term." Said Lease shall commence on the day of the last dated signature of this Lease. Additionally, the LESSOR agrees to offer the LESSEE the fight to renew this Lease for an additional fifteen (15) year period at the end of the above referenced fifty (50) year Lease Term under the terms and conditions provided herein. 2.2 It is recognized by LESSOR that LESSEE is providing a significant public benefit to the community and there shall be no annual rent charged by LESSOR. 2.3 If LESSEE shall hold over after the expiration of the Lease Term, this Lease shall extend for six (6) months to provide time in which a new Lease Agreement can be negotiated between LESSOR and LESSEE. ARTICLE 3. UTILITIES 3.1 The LESSOR warrants that sewer and potable water lines are present at the Government Center Complex. The LESSEE shall be granted the fight to tie into those lines in order to service the Juvenile Justice Facility ("JJF") to be constructed on the Leased Land without cost to the LESSOR. LESSEE shall pay and discharge as they become due, promptly and before delinquency, all monthly utility fees, license fees, permits, levies, excises whether general or special, ordinary or extraordinary, of every name, nature or kind whatsoever on or against LESSEE. All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Leased Land shall not be subject to liens for improvements made by the LESSEE and liens for improvements made by LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Leased Land or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. LESSEE shall pay all costs and assessments, impact fees, et cetera, associated with the installation, maintenance and monthly fees for all utilities in order to operate the JJF such as, but not limited to, electricity, water, air-conditioning and telephones and other communications facilities. ARTICLE 4. USE OF PREMISES 4.1 LESSEE shall have the right to use the Leased Land only for the purposes specifically referenced herein. It is understood and agreed that the primary purpose of LESSEE for the use of the Leased Land is the construction and operation of a Juvenile Justice Facility. 4.2 The property shall be used by the LESSEE solely as a location for a Juvenile Justice Facility and activities directly related and incidental thereto pursuant to the provisions contained in Chapter 39 (and subsequently amended) of the Florida Statutes, which services shall be provided by LESSEE itself or through an Interagency Agreement with another provider. 4.3 The plans, specifications and building design for the LESSEE'S facilities to be constructed on the Leased Land are subject to reasonable approval by LESSOR. 4.4 LESSEE agrees to commence construction of the approved improvements to the Leased Land by March 1, 2001. In the event LESSEE does not commence construction on or before said date, then this Lease may be terminated by written notice of termination delivered to LESSEE in which event neither party shall have any further obligations to the other party. Upon commencement of construction, LESSEE shall diligently pursue said construction to completion by March 1, 2003. 4.5 LESSEE, at its own expense, agrees to connect to potable water and sewer lines to the Leased Land, as well as storm water engineering, permitting and modifications. LESSEE will assume the responsibility and costs for the provision of all remaining infrastructure to service the Lease Land. All improvements to the Leased Land shall be constructed in compliance with all governmental regulations pursuant to valid permits. In addition, LESSEE shall be responsible for the costs of repairing any damage to LESSOR'S roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by LESSEE, its agents, officers or employees. 4.6 In the event LESSEE shall cease to use the Leased Land for the purposes described in Section 4.1 above, and such cessation of use shall continue for a period of thirty (30) days, this Lease, at the option of the LESSOR, upon thirty (30) days written notice to the LESSEE, shall be terminated and LESSEE shall surrender and vacate the Leased Land to the LESSOR with thirty (30) days after receipt of the notice of such termination. ARTICLE 5. ENCUMEBRANCE OF LEASEHOLD ESTATE 5.1 LESSEE shall not encumber, by mortgage or other security instrument, or by way of assignment, or otherwise, LESSOR'S or LESSEE'S interest under this Lease and the leasehold estate hereby created for any purpose without the consent of LESSOR, which consent may be withheld in the absolute discretion of LESSOR. ARTICLE 6. REPAIRS AND RESTORATION 6.1 LESSEE, throughout the term of this Lease, at its own cost, and without any expense to the LESSOR, shall keep and maintain the Leased Land, including any buildings and improvements thereon, in good, sanitary and neat order, condition and repair. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning), landscaping of the Leased Land as well as the grounds immediately adjacent to the site and improvements commonly known as the a Juvenile Justice Facility on the site. Such repair may also include structural repair, if deemed necessary by the LESSEE. LESSEE shall also comply and abide by all Federal, State, Municipal and other Governmental Statutes, ordinances, buildings and improvements thereon, or any other activities or conditions on or in the Leased Land. If the Leased Land is partially damaged by any casualty insurable under the LESSEE'S insurance policy, if any, or its self-insurance program, LESSEE may at its option, upon receipt of the insurance proceeds, repair the same in the manner it deems necessary and appropriate. Provided, however, if the Leased Land, including buildings and improvements thereon: (a) are rendered wholly untenantable by reason of such occurrence or, (b) damaged, in whole or in part, to the extent fifty percent (50%) or more of the replacement cost on date of loss thereof, in the sole judgment of LESSEE, then in either such event, LESSEE, may repair the damage. If LESSEE chooses not to repair the damage, LESSOR may cancel this Lease. Notice of cancellation should be provided within sixty (60) days after either of the above described events occur, and thereupon this Lease shall terminate, and LESSEE shall vacate and surrender the Leased Land to LESSOR. 6.2 LESSEE shall not do, suffer to be done, in, on, or upon the Leased Land or as affecting the Leased Land, any act which may result in damage or depreciation of value to the Leased Land or any part 4 thereof. LESSEE shall not commit or suffer to be committed any waste or hazardous conditions or nuisances to the site. If at any time during the term of this Lease any hazardous materials are discovered on the site, LESSOR will take whatever clean up or abatement actions are necessary. LESSEE may initiate by contractual agreement a 'phase one' environmental audit on the Leased Land prior to the last signature date of this Agreement. If environmentally hazardous materials are found to be present on the Leased Land, Lessee may cancel this Agreement. 6.3 LESSEE shall maintain with the Division of Risk Management, Department of Insurance, an insurance policy up to the statutory limit for all claims for which sovereign immunity has been waived pursuant to Chapter 768, Florida Statute, for its use of the Lease Land. LESSEE agrees to procure fire and extended risk improvements by preparing and delivering to the Division of Risk Management Department of Insurance Coverage, a completed Florida Fire Insurance Trust Fund Coverage Request Form immediately upon completion of any improvements or structures as evidenced by the issuance of a Certificate of Occupancy by the State Fire Marshall. 6.4 In order to provide for the more orderly development of the site, it may be necessary, desirable, or required that right-of-way, street, utility lines and easements or licenses or similar rights be granted over or within portions of said site. LESSOR shall, upon request of LESSEE, join with LESSEE in executing and delivering such documents, from time to time, and throughout the term of this Lease, as may be appropriate, necessary or required by any governmental agencies, public utilities, and companies for this purpose. 6.5 LESSEE will take all necessary efforts to obtain any zoning, subdivision site plan environmental audits, or building approvals. on the site, or any part thereof with which LESSEE may be required to comply. LESSOR agrees, from time to time, to assist the LESSEE in the creation and execution of such documents petitions, applications and authorizations as may be appropriate or required to submit the site, or any part thereof, for the purpose of obtaining such approvals. If for any reason zoning, easements, land development regulations or environmental issues cause the proposed use of this site unusable for the purpose intended and expressly stated herein, this Lease shall be null and void. 6.6 The LESSEE is a State agency or subdivision as defined in Section 768.28, Florida Statutes, and agrees to be responsible for its own negligent acts or omissions or tortious acts which result in claims or suits against the LESSOR. Provided, however, nothing in this provision is intended to alter the LESSEE'S immunity in tort or otherwise impose liability on the LESSEE for which it would not otherwise by law be responsible. Accordingly, LESSOR acknowledges and agrees that it shall be responsible for its own negligentacts or omissions or tortious acts. Pursuant to 768.28(18), Florida Statutes (1994 Supplement), LESSEE may not increase the limits of its liability in this Lease with the LESSOR. Further, the LESSOR and LESSEE are aware of no specific authority vested in LESSEE that would permit LESSEE to indemnify or hold the LESSOR harmless from liability. Nonetheless, LESSEE will require its contractors, construction managers, architects, and engineers to be fully responsible for their negligent acts or omissions or tortious acts which result in claims or suits against the LESSOR, and to agree to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor and not an agent or employee of the LESSOR. 6.7 The Leased Land (including land and improvements thereon) will be used for a Juvenile Justice Facility. The LESSEE may contract the operation of this facility to a private contractor, hereinafter called the Operator. The LESSEE or Operator shall be responsible for all day-to-day operations of the program on the Leased Land, except as specifically set forth in this Lease. The LESSEE or designated Operator shall be responsible for the supervision of all juveniles housed on the Leased Land. All activities shall be conducted inside the secured JJF. No juveniles committed for placement in this facility shall leave the JJF without secure supervision. If the LESSEE elects to contract with a private Operator as provided by this Section, the contract between the Operator and the LESSEE shall require the Operator to maintain in full force and effect a policy or policies of insurance providing law enforcement liability coverage and naming LESSOR as an additional insured thereon in an amount not less than Two Million Dollars ($2,000,000.00) per incident. This policy of insurance shall be in addition to said policies for fire and extended perils coverage required by said agreement between LESSEE and Operator. Said policies shall require at least a thirty (30) day notice of the insured in the event of cancellation for non-payment of premium. 6.8 Expenses for each of the foregoing instances, unless expressly agreed to herein, shall be borne solely by the LESSEE and LESSOR shall be without expense. ARTICLE 7. MECHANIC'S LIENS 16 g 7.1 LESSEE shall be responsible for liens filed against the Leased Land that are attributable to the context of the LESSEE, its agents or assigns. ARTICLE 8. ASSIGNMENT AND SUBLEASE 8.1 LESSEE shall have no right to assign, convey or transfer LESSEE'S interest in this Lease and the leasehold estate created hereby. ARTICLE 9. DEFAULT AND REMEDIES AND SUBLEASE 9.1 No failure to perform any condition or covenant of this Lease shall entitle LESSOR to terminate this Lease unless: 1) such failure shall have continued for thirty (30) days after notice in writing requiring the performance of such condition or covenant shall have been given to LESSEE; and 2) if such default is of such a nature that it cannot be remedied within this time, then, unless LESSEE shall fail to cure such default within said period, an additional timeframe shall be masonably granted to the LESSEE in order to cure the default, provided that LESSEE shall commence to cure the default within said period and thereafter shall diligently continue the curing of the default. ARTICLE 10. TERMIINATION AND SURRENDER 10.1 Unless otherwise mutually agreed by the paxties, within thirty (30) days after termination of the Lease Term, LESSEE agrees to redeliver possession of the Leased Land to LESSOR in good condition and repair. LESSEE shall have the right at any time during LESSEE'S occupancy of the Leased Land to remove any equipment, buildings, signs and fixtures owned in, on or under the Leased Land occupied by the LESSEE, provided, however, at the termination of this Lease, LESSOR shall have the option of either requiring LESSEE to demolish and remove all improvements made by LESSEE to the Leased Land upon LESSEE'S vacation thereof, or to require LESSEE to retain said improvements on the Leased Land which improvements will become the property of the LESSOR upon LESSEE'S vacation of the Leased Land. ARTICLE 11. GENERAL PROVISIONS 11.1 In compliance with State Legislature, Section 255.2502, Florida Statutes, the State of Florida's performance and obligations to pay under this contract are contingent upon annual appropriation by the Legislature. 11.2 All of the provisions of the Lease shall be deemed as running with the Leased Land and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 11.3 No failure by either LESSOR or LESSEE to insist upon the strict performance by the other of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter this Lease, but each and every covenant, condition, agreement and term of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach. 11.4 Time is declared to be of the essence of this Lease and of each provision. 11.5 This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. 11.6 Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between LESSOR and LESSEE, and no provisions contained in this Lease, nor any acts of the parties shall be deemed to create any relationship between LESSOR and LESSEE, other than the relationship of LESSOR and LESSEE. Person or persons employed or volunteers of LESSEE shall have no claim against LESSOR as to pensions, worker's compensation, unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by the operation of law or by LESSOR to its officers and employees. 11.7 16 This Lease shall be governed by and interpreted according to the laws of the State of Florida. 11.8 Articles, subsections and other captions contained in this Lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Lease or any portion thereoff 11.9 The provisions, terms or conditions of this Lease shall not be construed as a consent of the State of Florida or any agency thereof to be sued because of said Leasehold or otherwise. 11.10 This Lease sets forth the entire understanding between the parties an shall only be amended with the prior written approval of both the LESSOR and the LESSEE. Notice to the LESSOR shall be addressed to: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 Copy to: Facilities Management Department Director Notice to the LESSEE shall be addressed to: Department of Juvenile Justice 2737 Centerview Drive Knight Building, Suite 304 Tallahassee, Florida 32399-3100 ARTICLE 12. RADON GAS 12.1 In compliance with Subsection 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in sufficient quantities in a building, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 13. DEVELOPMENT REGIONAL IMPACT 13.1 The LESSEE and LESSOR agree that the proposed JJF is part of the Collier County Government Center Development Regional Impact ("CCGC DRI"). The LESSEE shall pay its proportionate share of the cost of mitigating the transportation impacts of the CCGC DRI, as determined during the DR/ review process and specified in the transportation conditions contained in the final DRI Development Order. An estimate of the LESSEE'S proportionate share of the CCGC DR/transportation impact mitigation costs shall be determined by the transportation consultant, David Plummet and Associates, based upon the ratio of the non-vested automobile trips generated by the JJF to the number of non-vested automobile trips generated by the CCGC DR/. The LESSEE and LESSOR agree that the amount of the transportation impact mitigation cost to be paid by LESSEE shall be, at a minimum, the LESSEE'S total transportation impact fees required by application of Collier County's transportation impact fee ordinance in effect at the time that a building permit is issued and, not to exceed One Hundred Sixty Thousand Dollars ($160,000.00). 13.2 The LESSEE agrees that the JJD facility shall be included, as an amendment, in the County's application for development approval (ADA) for the CCGC DRI filed by LESSSOR in December, 1999, and to provide LESSOR and its designated consultants with all information, plans and specifications for the facility reasonably needed for the ADA amendment, and for the review of the CCGC DRI conducted pursuant to Section 380.06, Florida Statutes. 13.3 LESSEE and LESSOR agree that construction of the JJF may not commence until the facility is approved in a final DIR development order issued pursuant to Section 380.06, Florida Statute, or in the alternative, the facility is authorized through an amendment to the Preliminary Development Agreement (PDA) entered into by and between the LESSOR and the Florida Department of Community Affairs (DCA) on 160 4 August 24, 1999. Upon execution of the Lease, LESSOR shall promptly file an application requesting DCA to amend its PDA with the County to authorize the immediate construction of the facility. It is LESSEE and LESSOR'S desire and intent to obtain all necessary governmental approval and permits, including amendment of the PDA, so that construction of the facility may commence by July 1, 2000. 13.4 The LESSEE agrees to pay the LESSOR'S processing costs, including consultants' and attorneys' fees and expenses up to the amount of Thirty-four Thousand Dollars ($34,000.00), resulting from the following actions to be carried out by the LESSOR in order to add the JJF to the CCGC DRI ADA and to enable its construction to commence: (a) determining the LESSEE'S proportionate share or percentage of the automobile trips generated by the CCGC DRI; (b) obtaining professional estimates of the amounts of the LESSEE'S proportionate share of the transportation impact mitigation costs based on both (i) application of the current Collier County impact fee ordinance and (ii) the anticipated transportation impact mitigation to be required by the CCGC DRI development order conditions; (c) amendment of the PDA between the LESSOR and DCA to authorize commencement of construction of the JJF; (d) amendment of the CCGC DRI ADA to include the JJF and review the amended ADA by the permitting agencies; (c) the amendment, if required, and processing of permits for the CCGC, including the JJF, issued by the South Florida Water Management District. The LESSOR shall present monthly statements to LESSEE showing the amounts of the LESSOR'S payments for consultants' and attorneys' fees and expenses, for the services specified in (a) through (c) above, in the form and specificity required by State law to enable LESSEE'S reimbursement to LESSOR of up to Thirty-four Thousand Dollars ($34,000.00). IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year above first written. AS TO THE LESSOR: AS TO LESSEE: DATED: WITNESS (signature) (print name) BOARDOF COUNTY COMMISSIONERS COLLIER COUNTY, FLORI?,A T~THY3~· C~N~S'~ANTINE, STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE BY: (Print name and title) WITNESS (signature) (print name) STATE OF FLORIDA COUNTY OF LEON Subscribed and swon to before me by Justice, who is personally known to me or sho has produced and who did / did not take an oath. as of the State of Florida, Department of Juvenile as identification ' WITNEESS my hand and official seal this day of ,2000. I Notary Public 16 D Print name My Commission Expires: Approved as to form and legal sufficiency on behalf of LESSOR: Thomas C. Palmer, Assistant County Attorney Office of the County Attorney Collier County Government 3301 East Tamiami Trail, 8t~ Floor Naples, Florida 34112 EXHIBIT "A" Page 1 of 4 160 # LAND DESCRIPTION OF PARCEL "A" ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 12, NORTH 00© 18' 50" WEST 2162.78 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89© 41' 10" EAST 654.12 FEET TO A SOUTHWESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG THE SOUTHERLY LINE OF SAID LANDS NORTH 87© 07' 17" EAST 41.92 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY LINE OF SAID LANDS NORTH 87°07'17" EAST 132.16 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LANDS NORTH 42© 11' 51" EAST 182.69 FEET; THENCE NORTH 89° 41' 10" EAST 252.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 13.00 FEET; THENCE EASTERLY, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 123° 57' 05" AN ARC DISTANCE OF 28.12 FEET TO A POINT OF TANGENCY; THENCE NORTH 340° 15' 55" WEST 59.23 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 117.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 56° 03' 00" AN ARC DISTANCE OF 114.46 FEET TO A POINT OF TANGENT; THENCE SOUTH 89° 41' 06" WEST 288.26 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 103.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR. CURVE THROUGH A CENTRAL ANGLE OF 91© 07' 15" AN ARC DISTANCE OF 163.81 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01° 26' 10" EAST 156.64 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1.92 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 16D 4 EXHIBIT "A" Page 2 of 4 LAND DESCRIPTION OF PARCEL "B" ALL THAT PART OF A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 12, NORTH 00° 18' 50" WEST 2162.78 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89° 41' 10" EAST 654.12 FEET TO A SOUTHWESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, AT PAGE 234; THENCE ALONG THE WESTERLY LINE OF SAID LANDS NORTH 00° 18' 50" WEST 231.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID WESTERLY LINE NORTH 00° 18' 50" WEST 112.23 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS NORTH 89° 4 1' 1 0" EAST 491.90 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LANDS SOUTH 00° 18' 50" EAST 51.57 FEET TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHERLY AND WHOSE RADIUS POINT BEARS SOUTH 22° 44' 05" WEST 158.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 23° 2' 59" AN ARC DISTANCE OF 63.56 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89° 41' 06" WEST 301.57 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 130.95 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 65° 49' 23" AN ARC DISTANCE OF 150.44 FEET TO AN INTERSECTION WITH A RADIAL LINE; THENCE LEAVING THE ARC OF SAID CIRCULAR CURVE ALONG SAID RADIAL LINE NORTH 66° 8' 1 7" WEST 9.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.52 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT "A" Page 3 of 4 16 D BUII. DJNG ".~"- OR. 253 F:C. 875 ( E I/2 ) CHAIN LINK Ft'~NC~ OR. 994 PG. ~34 BENCHM4RK SET P~ NAIL ANO ALUMINIUM WASHER STAIV~'ED "ABB INC. ELEVATION · ?.92 TERLr LINE OF .J-EDGE OF ASPHAL 994, ! I % ! I I I I I I ! I 52: iPIPE 01RECTIO~ NOT OETEf ~4 TOP OF BANK BU S~T .E'" PK HAIL WITH WJSHER $TA41:ED 3. 3664 EXHIBIT "A" Page 4 of 4 o ~