Backup Documents 12/16/2008 Item #16D32
Initial the Yes column or mark ""N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Oftice and signature pages from
contracts, agreements, etc. that have been fully exeeUled by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exee t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a plicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCe approval.
Some documents are time sensitive and require forwarding to Tallahassee \vithin a l:ertain
time frame or the BCe's actions are nullified. Be aware of 'our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
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I: Fonns/ County Fonnsl Bee Forms! Original J)ocumcnts Rll11ting Slip \VV/S ()rigin<ll 9,0.1.04. Rcvi::.cd 1.26.0.5, Revised 2.240):
10 ~cc.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP oJ4?/ lf1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed ro!g/Y,p D',' 0:;""2
documents are to be forwarded to the Board Office only after the Board has taken action on the item) 0
ROUTING SLIP
Complete routing lines #1 through #4 a~ appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the
'# h4 'd r #
excention of the Chainnan's signature, draw a line through routlll' IlllCS I lhroug # , complete the checklist, and forwar to Sue Filson (me 5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I. -
--- e-----
2. - --"---
3. --,--
----.-
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4. Colleen Green Assistant County Attorney CIY1G- LJ.l.61
5. Sue Filson Budget Office
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe appruval. N(lrmally the primary COil tact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oftht' addressees above, inclUding Sue Filson, need to contact staff for additionaJ or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to lhe BCC office only alier lhe Bee has acted to approve the
i~.) .
Name of Primary Staff Gail Hambright Phone Number 252-2966
Contact
Agenda Date Item was 12/16/08 Agenda Item Number 16032
Approved by the BeC
Type of Document Agreement Number of Original Iff:
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
I.
Yes
(Initial)
N/A (Not
A lieable)
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3.
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4.
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5.
N/A
6.
16 D 3 2 Page 1 of 1
GreeneColleen
From: Clinton Perryman
Sent: Wednesday, January 21,2009 12:01 PM
To: GreeneColleen
Cc: MartelloSandra; hambright_g
Subject: VBA #8 Bluebill
Colleen,
As discussed here's the account string for the VBA#8 (Bluebill Property) settlement
agreement transaction: 183-11 (3366-6491 00-80058,1. If you have any questions please
contact me accordingly. Thanks
Clint L. Perryman, CGC, PMP
Project Manager
Collier County Coastal Zone Management Department
3300 Santa Barbara Blvd.
Naples, H 34116
\",!,i!!,PH 239.252.4245 Fax 239.252.6531
clintonperryman@colliergov.net
USN
..A Please consider the environment before printing this e-mail
CONFIDENTIALITY NOTICE: Please be advised that this message is for the sole use and privilege of the
intended recipient(s). Any unauthorized usage, disclosure, or distribution is strictly prohibited by law. If
transmission is in error please inform the sender and properly delete this message.
1/21/2009
PMS, Inc. of Naples
Project Management Services
16D32
January 15, 2009
Mr. Gary McAlpin
Collier County Coastal Zone
Management Director
3300 Santa Barbara Blvd.
Naples, FL 34116
RE: Moraya Bay - Restroom Facility
Dear Gary:
Herewith enclosed please find the following original documentation with reference to the
above captioned property:
1. Partial Release of Mortgage
2. General Contractor's Final Waiver & Release of Lien
3. Opinion Letter
4. Warranty Deed
5. Agreement between Collier County & VI Ltd.
Karen Bishop would like for you to contact her when the check is ready so she may make
arrangements to pick it up.
Si\l~erely, .! /' b6/ 'r7~''.
. /.. ',I" ",
,,~L( if ,cI)i.~1., ,u"-,,.t .t
Jennifer <tastHlo
~
2335 Tamiami Trail N., Suite 408, Naples, FL 34103 I (239) 435-9080 x6/ Fax 435-9082 /Emai1: jennifercastillo@pmsnaples.com
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16D32
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AGREEMENT BETWEEN COLLIER COUNTY AND
VI LTD.. LIMITED PARTNERSHIP
REGARDING COLLIER COUNTY BEACH AMENITIES ON BLUEBILL A VENUE
THIS Agreement, made and entered into this ~day of December, 2008, by and
between the Board of County Commissioners, Collier County, Florida, a political subdivision of
the State of Florida, hereinafter referred to as "County," and VI Ltd., Limited Partnership, a
Florida Limited Partnership, hereinafter referred to as "Developer."
WITNESSETH
WHEREAS, the County owns certain property on Bluebill Avenue to be improved to
provide public beach access and beach amenities; and
WHEREAS, the County desires to make improvements to the parcel to include, but not
necessarily be limited to, public beach access, a public access turn-around in the County-owned
right-of-way and public beach restroom facilities, ("County Project"); and
WHEREAS, VI Ltd., Limited ("Developer") is a local development company, and is
currently developing the Moraya Bay Beach Tower condominiums and beach club located
adjacent to the County Project, and the parties hereto desire to coordinate the zoning of the two
projects; and
WHEREAS, the Developer initially offered to provide Collier County space for its
restroom facilities within the same building as the Developer's beach club facilities; and
WHEREAS, working with County Staff, the Developer started this private project and
engaged professional services for the zoning of the originally planned restroom facilities; and
WHEREAS, after public input at two public meetings, the Developer and County Staff
agreed to separate the County's restroom facilities from the Developer's private beach club
facilities. At this point the Developer, with Staffs consent, continued to expend resources for
the zoning for the County's public restroom facility; and
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WHEREAS, the zoning work is complete and the costs have been expended by the
Developer as a benefit to Collier County; and
WHEREAS, pursuant to the Collier County Purchasing Policy and Ch. 287, Fla. Stat., the
above referenced professional services are required to be competitively bid for public projects;
and
WHEREAS, at the inception of this project, it was primarily a private construction
project which was not required to be completed in compliance with the Purchasing Policy and
Florida Statute; and
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16032
WHEREAS, the Developer utilized Humiston and Moore, BBLS, My Architect and
Omega for the professional services required for the zoning services. The Developer also
incurred costs for Goodlette Coleman and PMS, Inc. of Naples. The total zoning costs incurred
to date is $81,992.27; and
WHEREAS, the Board of County Commissioners finds that the activities undertaken in
connection with this matter constitute valid and worthwhile County purposes, and as such, that
the Developer should be reimbursed for the expensed incurred as set forth herein; and
WHEREAS, the Developer has completed the zoning work based on cooperation with
County Staff; and
WHEREAS, the Developer has relied on County Staff direction and acceptance incurring
these costs; and
WHEREAS, the Board of County Commissioners hereby ratifies County Staff direction
and acceptance of the Developer's efforts; and
WHEREAS, the design, permitting and construction portions of this project will be
competitively bid in compliance with the Purchasing Policy and Florida Statutes.
NOW, THEREFORE, in consideration of the foregoing and the covenants and
agreements contained herein, the parties agree as follows:
Section I.
DESCRIPTION OF SERVICES AND TERMS OF USE
1.0 I The WHEREAS Clauses are incorporated into this Agreement as if fully set forth herein.
The identity and location of the right-of-way, beach access, and public restroom facilities,
where the services are to be provided, are depicted on Exhibit "A" attached and
incorporated herein by reference. If additional locations are added, the additional
locations shall be mutually agreed upon in writing between the Developer's
representative and the County Coastal Zone Management Director or his designee.
1.02 A description of the services to be provided under this Agreement as well as the projected
maximum estimated costs for each service are shown on Exhibit "B," attached and
incorporated herein by reference.
Section II,
TERMS
2.0] This Agreement shall remain in full force and effect until final completion of the zoning
work which includes final zoning approval by the Board of County Commissioners.
2.02 On or before June ],2009, the Parties may extend this Agreement by mutual agreement
under all of the terms and conditions contained herein for an additional period to be
determined by the County and the Developer.
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Section III. VI LTD.. LIMITED PARTNERSHIP RESPONSIBILITIES
3.01 The Developer will assume the entire responsibility for contracting and/or performing the
work required for the zoning for the County Project described herein.
3.02 The Developer will be responsible for all zoning for all identified beach amenities
including the right-of~way, beach access, and public restroom facilities.
3.03 The Developer will assign a representative to the Project during the term of the County
Project so that the County may effectively coordinate its services with the Developer. In
this respect, the Developer agrees to require its representative or agent to attend regular
progress meetings as may be reasonably requested by the County.
3.04 The Developer will, at no cost to the County, obtain required waivers and releases of
claim of lien from persons and firms performing work or providing services on or for the
Project. As a matter oflaw, no liens may be filed against the County's property pursuant
to Chapter 713, Fla. Stat. In the event that any person or entity attempts to file any claim
of lien against the County's property arising out of this Agreement or the subject
services, all such liens shall be removed by the Developer at no expense to the County.
3.05 The Developer will complete the zoning of the beach amenities project not later than June
1,2009.
3.06 The Developer will, at no cost to the County, convey to the County the land on which the
restrooms will be built. Developer shall convey the subject property in fee simple, free
and clear of all liens and encumbrances. The restrooms will be built primarily on County
owned land; however a portion of the restrooms will encroach on Developer property.
Thc Developer will prepare any and all necessary legal documents required to convey
this property. The documents will include a legal description and surveyor sketch. The
documents will be subject to review and approval by the County Attorney's Office. The
fee simple conveyance must bc complete during the Site Development Plan (SOP)
approval process. (The documents will be presented to the BCC for approval at the same
meeting as this Agreement.)
3.07 For the above conveyance, the Developer will provide, at its sole cost, in advance of
closing, an attorney's title opinion, which in addition to confirming ownership of the
property and identifying and including all encumbrances, should confirm the legal status
of the Developer and the authority of the proposed signatory. The opinion shall include
documents evidencing title and all recorded encumbrances and exceptions.
3.08 The parties agree that the Developer conveying the land described in 3.06 and 3.07 will
not affect the project's density or green space requirements based on the information
available today. According to the SDPI (AR 12523), the allowable density is 79 units,
and the project was approved with 72. As for open space, the project required 129,635
sq. ft. and was approved with 137,123. The proposed donation of land (not exceeding
100 square feet) will not affect either the density or green space requirements.
Page 3 of 8
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Section IV. COUNTY'S RESPONSIBILITY
4.01 The County will assign a representative, Gary McAlpin, Director, Coastal Zone
Management, to the County Project during the term of the Project so that the County may
effectively coordinate its services with the Developer. In this respect, the County agrees
to require its representative or agent to attend progress meetings as may reasonably be
requested by the Developer.
4.02 The estimated cost of the zoning services is not to exceed eighty-two thousand dollars
($82,000.00) and the County shall provide, on a cost reimbursement basis,
reimbursement to Developer for actual costs of the Project then paid by Developer for the
items listed in Exhibit "B."
4.03 Should the County desire additional services as necessary and mutually agreed upon by
the County and the Developer under this agreement in addition to those identified in
Exhibit "B," any agreements or amendments must be in writing and duly executed by
both parties.
4.04 The County shall regularly and periodically examine (not more often than monthly), with
the Developer's representatives, requests for payment as submitted to the County by the
Developer to determine that they are in order for payment consistent with the contract
documents entered into between the County and Developer. The appropriate supporting
documentation shall be submitted with each pay request. When such requests are deemed
to be in proper order, the County shall certify, if true, that to the best of its knowledge,
the quality and quantity of work performed is in accordance with the Project services and
shall transmit them for payment to the Clerk's Finance Department. Payments will be
made to the Developer in compliance with Florida's Local Government Prompt Payment
Act, section 218.70, Fla. Stat. (2008).
4.05 Final payment may be withheld pending tinal review and approval by the County.
4.06 Upon completion of all work associated with the Project, including any amendments or
Supplemental Agreements thereto, if any, the County shall make final review of the
County Project with the Developer's agent(s) or representative(s).
4.07 The County shall have the right to inspect any work done for the County Project and shall
have access to the site at all reasonable times.
4.08 The County has no legal obligation to improve this property or to enter into this
Agreement. The County is entering into this Agreement because the parties believe the
County can improve the property and provide valuable beach access for its citizens at less
costs than improving the property on its own at this time.
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Section V.
INDEMNIFICATION
5.01 The Developer shall defend, indemnify and save the County harmless from any and all
claims, liability, losses and causes of actions arising out of any act, error, omission,
negligence of the Developer or its agents or representatives arising from or incident to the
Developer's performance under this Agreement. The Developer shall not be responsible
for any incident arising from the sole negligence of the County.
5.02 This provision shall also pertain to any claims brought against the County by any
employee of the named Developer, any sub-contractor, sub-sub-contractor, materialmen,
supplier, or laborer, and all other individuals directly or indirectly employed or retained
by either of them.
Section VI. INSURANCE
6.01 The Developer shall provide proof of insurance to the County in a manner acceptable to
the Risk Management Department prior to proceeding with the Project. The required
insurance documents shall be submitted to the County within thirty (30) days of
execution of this Agreement:
A. Commercial General Liability: Coverage shall have mlmmum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations; Independent
contractors; Products and Completed Operations and Contractual Liability.
B. Professional Liability: Coverage shall have minimum limits of $500,000
Per Occurrence. In lieu of the Developer providing proof of Professional Liability
Insurance, the Developer will provide proof of Liability Insurance from each of the
consultants identified in this Agreement.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
6.02 Collier County shall be listed as the Certificate Holder and included as an Additional
Insured on the Comprehensive General Liability Policy.
6.03 The above insurance requirements can be provided by riders (or other changes) to the
Developer's current, valid insurance policies meeting the limit and scope requirements
shall be maintained by the Developer during the duration of this Agreement. Renewal
certificates shall be sent to the County a minimum of thirty (30) days prior to any
expiration date. There shall be a minimum thirty (30) day notification to the County in
the event of cancellation or modification of any such required insurance coverage.
6.04 The Developer shall insure that all subcontractors comply with the same Insurance
requirements that the Developer is required to meet under this Agreement.
Page5of8
16D32
Section VII. MUTUAL COVENANTS
7.01 The COUNTY shall pay unto the Developer the amount of cost of services pursuant to
Article 4.02, 4.03 and 4.04 above. Payment will be made upon receipt of a proper
invoice and in compliance with Section 218.70, Florida Statutes, otherwise known as the
"Local Government Prompt Payment Act."
7.02 It is further understood and agreed by and between the parties herein that his agreement is
subject to appropriation by the Board of County Commissioners.
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8.01 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Developer's representative or authorized designee, and Collier County, or its designee, in
compliance with the then current County Purchasing Policy.
8.02 There are no third party beneficiaries to this Agreement.
8.03 This Agreement is controlled by and shall be administered in accordance with the Laws
of Florida.
8.04 This Agreement shall not be construed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
8.05 The burdens of this Agreement shall be binding upon, and the bene tits of this Agreement
shall inure to, all successors in interest to the parties to this Agreement.
8.06 Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or its
successors or assigns, of the necessity of complying with any law, ordinance, rule or
regulation governing said permitting requirements, conditions, terms or rcstrictions.
8.07 In the event state or federal laws are enacted after the execution of this Agreement, which
are applicable to and preclude in whole or in part the parties' compliance with the terms
of this Agreement, then in such event this Agreement shall be modified or revoked as is
necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
8.08 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:
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16D32
To County:
Collier County
3300 Santa Barbara Blvd.
Naples, Florida 34] 16
Attn: Gary McAlpin
Director Coastal Zone Management
Phone: (239) 252-5342
Facsimile: (239)
VI Ltd., Limited Partnership
800 Laurel Oak Dr. #300
Naples, FL 34108
Attn: Duncan Farnsworth
Phone: (239) 566-2800
Facsimile: (239) 566-3840
Notice shall be deemed to have been given on the next successive business day to the
date of the courier waybill ifsent by nationally recognized overnight delivery service.
8.09 The Developer to provide all pertinent zoning documentation to County prior to final
payment.
8.] 0 This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developer shall pay all costs ofrecording this Agreement.
Section IX. RA TIFICA TION
The actions of County Staff taken with the Developer with respect to this matter, are
hereby ratified and confirmed by the Board, and all actions taken by Staff and the Developer in
connection with this County Project are hereby found to be in compliance with the terms and
conditions herein. With respect to the Total Cost Amount sct forth in Exhibit B, the Developer is
required to submit invoices and requests for payment not to exceed eighty-two thousand dollars
($82,000).
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
FOR THE COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
NG, CHAIRMAN
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16D32
Approved as to form
and legal sufficiency:
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Colleen M. Greene, Assistant County Attorney
By:
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Print Name: '~A-f>eae ~~
STATE OF FLORIDA. \ '
COUNTY OF CO \ \ if
.~ The foregoing instrument was acknowledged before.., pm~c!hL~ L ^1.?~ ~~y of
'0-eC~d\!"\~ , 2008, by ~",'\:\...... ~.~.",('e, as r.'h'\ ~(~~...,. or"'VrLtd.,
Limited Partnership. He/she is [J1Jersonally known to me, or [ ] has produced driver's license
no. ^J (A as identification. ~,
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Page 8 of 8
EXHIBIT "A"
16D32
BBLS
SURVEYORS AND MAPPERS
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
MORAYABAY
RESTROOM FACILITY
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(MORAYA BAY PARCEq
A PORTION OF LOT 6, BLOCK "A", BAKER - CARROLL POINT UNIT No.2,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE
62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCE AT THE NORTHEASTERLY CORNER OF SAID LOT 6, BLOCK
"A", THE SAME BEING A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF BLUEBILL A VENUE (STATE ROAD No. 846); THENCE RUN
N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A
DISTANCE OF 217.29 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89052'20"W.
FOR A DISTANCE OF 5.49 FEET; THENCE RUN N.00007'42''E. FOR A
DISTANCE OF 20.55 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE RUN S.14049'20"E., ALONG SAID SOUTHERLY RIGHT OF WAY
LINE, FOR A DISTANCE OF 21.27 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 56.38 SQUARE FEET OR 0.001 ACRES, MORE OR LESS.
BEARINGS REFER TO BAKER - CARROLL POINT UNIT No.2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
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STEPHEN E. BERRY, STAT],l OFYq?~D~,fJ-.S\#529.6)
BBLS SURVEYORS AND MAPPERS ThlC.,,(L.B. ~753)
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Z:IPROJECTS\2004\04129 MORYA BAY PLLE STAKEOUT 04 27 07\04129_RR..LEGA1._110308.doc
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O.R. 3929, PG. 2319
LINE TABLE
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21.27
\ \ NORTH LINE OF SEe 29,
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I P[L~~.~.O.O.K_~' PAGE 62
"MORAYA BAY'
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NOTES:
,) BEARINGS SHOWN HEREON ARE BASED ON
BAKER-CARROLL POINT UNIT No.2. PLAT BOOK B,
PAGE 52, COLLIER COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS,
RESERVATIONS OR RESTRICTIONS OF RECORO.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIMALS THEREOF.
SHEET 2 OF 2
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RESTROOM FACILITY
A PORTION OF BLUEBILL AVENUE RIGHT OF WA Y (STA TE ROAD No. 846)
BBLS SURVEYORS & MAPPERS INC.
1502-A RAIL HEAD BLVD.
NAPLES, FLORIDA 34110 (239) 597-1315
DATE: 04/22/08
FIELD BOOK AND PAGE:
DRAWN BY: BUD
APPROVED BY:
SEe
SCALE:
1"'" 20'
------.l~__~r______
LEGEND
P.O,C.
P.O.B.
No.
L.S.
L.B.
SEC.
TWP.
RNG.
OR.
PG.
BLDG.
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+
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SCALE 1" ~ 20'
BLUEBILL A VENUE
(STATE ROAD No. B46)
RIGHT OF WAY VARIES
P.O.C.
NORTHEASTERLY
CORNER OF LOT 6,
"SOUTHERL Y BLOCK "A" ~
RIGHT OF WAY,
LINE" \
~729'- - - --t- - - ,
-~ '
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POINT OF COMMENCEMENT
POINT OF BEGINNING
NUMBER
LICENSED SURVEYOR
LICENSED BUSINESS
SECTION
TOWNSHIP
RANGE
OFFICIAL RECORDS BOOK
PAGE
BUILDING
Collier County Bluebill Beach Access
Engineering
Humiston and Moore
BBlS
My Architect
Goodlette Coleman
PMS, Inc of Naples
Exhibit "B"
Zoninl! Services
Sub-total
Totals
$20,883.13
$2,000.00
$1,648.50
$17,325.00
$15,000.00
$25,135.64
$81,992.27
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GRANT, FRIDKIN, PEARSON, ATHAN & CROWN, P.A.
5551 Ridgewood Drive, Suite 501
Naples, Florida 34108-2719
Tel 239.514.1000
Fax 239.514.0377
www.gfpac.com
ATTORNEYS AT LAW
CHERYL L. HASTINGS
Attorney at Law
239.514.1000 Exl. 2006
chastings@gfpac.com
December 10, 2008
Collier County, a Political Subdivision of the State of Florida
3301 Tamiami Trail East
Naples, FL 34112
Re: The Moraya Bay Project
Dear Ladies and Gentlemen:
I, Cheryl L. Hastings, am an attorney authorized to practice in the State of Florida,
Florida Bar Number 0196142. I have this 10th day of December, 2008, examined title to the
following property, to wit:
(SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY
REFERENCE HEREIN.)
evidenced by a title insurance policy from Chicago Title Insurance Company Policy No.
7210609-71986348 and endorsements thereto and reports from the Attorney's Title Insurance
Fund Database System covering the dates up to December 2,2008 at II :00 p.m.
Based solely on my examination of the foregoing, and assuming the accuracy of the
information contained therein, it is my opinion that:
The record title to the property described on Exhibit "A" is vested in VI Ltd. Limited
Partnership, a Michigan limited partnership, successor by merger to VI Partnership, Ltd., a
Florida limited partnership, by instrument recorded at O.R. Book 4047, Page 3798, of the Public
Records of Collier County, Florida.
Said record titleholder has fee simple title thereto, however, subject to the following
encumbrances:
1. Taxes: For the year 2008 and subsequent years.
2.
Notice of Commencement recorded in O.R. Book 4282, Page 0444, of the
Public Records of Collier County, Florida.
3.
Mortgage in favor of Van-Dev, Inc., a Florida corporation, recorded in
O.R. Book 4047, Page 3803; as modified by that certain Modification of
Mortgage recorded in O.R. Book 4259, Page 2485; as assigned from Van-
Dev, Inc., a Florida corporation, to Comerica Bank by that certain
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assignment recorded in O.R. Book 4259, Page 2488; as modified by that
certain Notice of Future Advance and Modification of Mortgage recorded
in O.R. Book 4259, Page 2491; as further modified by that certain
Amended and Restated Continuing Collateral Mortgage recorded in O.R.
Book 4259, Page 2494; all of the Public Records of Collier County,
Florida.
4.
Public Beach Use and Access Easement recorded in O.R. Book 3929,
Page 2319, of the Public Records of Collier County, Florida.
Very truly yours, I
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Cheryl L I
For the Fir
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16032
1603
EXHIBIT "A"
BBLS
SURVEYORS AND MAI'PERS
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
MORAYA BAY
RESTROOM IfACILITY
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(MORAY A BAY PARCEL)
A PORTION OF LOT 6, BLOCK "A", BAKER - CARROLL POINT UNIT No.2,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE
62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCE AT THE NORTHEASTERLY CORNER OF SAID LOT 6, BLOCK
"A", THE SAME BEING A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF BLUEBILL AVENUE (ST ATE ROAD No. 846); THENCE RUN
N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A
DISTANCE OF 217.29 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89052'20"W.
FOR A DISTANCE OF 5.49 FEET; THENCE RUN N.00007'42''E. FOR A
DISTANCE OF 20.55 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE RUN S.14049'20"E., ALONG SAID SOUTHERLY RIGHT OF WAY
LINE, FOR A DISTANCE OF 21.27 FEET TO TIlE POINT 01" BEGINNING.
PARCEL CONTAINS 56.38 SQUARE FEET OR 0.001 ACRES, MORE OR LESS.
BEARINGS REFER TO BAKER - CARROLL POINT UNIT No.2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 A '1' PAGE 62 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
.--- ~\~ .... . 1:110410;\
STEPHEN E. BERRY, STAT~F'FL9IUDJ\,~.S::#5296)
BBLS SURVEYORS AND MAPPERSINC;,(L.B.1f;6753)
(SEE ATTACHED SKETCH-SI-lEET.;t OF':i\},"" ,/
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LINE TABLE ~
LINE BEARING DISTANCE
L5 N89'52'20"W 5.49
L6 NOO'OT 42"E 20.55 1M
L7 St4'49'20"E 2127
\ '\ NORTH LINE or SEe 29,
, lWP 48 SOUTH, \
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PUBUC BEACH
USE AND ACCESS
[ ASEMENT
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I P[L~..~.()OK.~' PAGE 62
l i "MORAYA BAY"
~__'n___ L-__~_------I--~CJ__-=~_:~-=-~=.~I '--L___~_~___.__I-'
SHEET 2 OF 2
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RESTROOM FACILITY
A PORTION OF 8LUE81LL A VENUE RIGHT OF WA Y (STA TE ROAD No, 846)
88LS SURVEYORS & MAPPERS INC.
1502"A RAIL HEAD 8L VD.
NAPLES, FLORIDA 34110 (239) 597-1315
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t) BEARINGS SHOWN HEREON ARE BASED ON
BAKER-CARROLL POINT UNIT No.2. PLAT BOOK 6,
PACE 62, COLLIER COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS,
RESER VA TlONS OR RESTRICTIONS OF RECORD.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND
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FIELD BOOK AND PAGE:
DRAWN BY: BUD
APPROVED BY:
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SCALE:
I""" 20'
LEGEND
P.O.C.
P.O,B.
No.
L.S.
L.B.
SEC.
TWP.
RNC.
O.R.
PG.
BLO(;
o 10'
SCALE 1" ~
..
20'
20'
BLUEBILL AVENUE
(STA TE ROAD No. 846)
RIGHT OF WAY VARIES
lL---
\
,
\
\
POINT OF COMMENCFMFNT
POINT OF BEGINNING
NUMBER
LICENSED SURVEYOR
LICENSED BUSINESS
SECTION
TOWNSHIP
RANGE
OFFICIAL RECORDS BOOK
PAGE
RUILDING
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\i
4258747 OR: 4425 PG: 3240
RECCR:)E2 1:) ~FF:CIAr. RECORDS of :OLLIER CO~NTY, E
J: :051:089 at 01:59PM JW!GHT E. BROCK. :LBRK
FEe FEE
caPlES
35.50
4.00
This instrument prepared by'
Cheryl L. Hastings. Esquire
Grant, Fridkill, Pearsoll, Athan & Crown, P.A
5551 Ridgcwood Drive, Suite 501
Napks, Florida 34108
Phone 239-514-1000
H2 t;~.
CLERK TO ~HE BOAR:
IRTERJFFICE 4TH fLOOR
EXT W6
16D32
PARTIAL RELEASE OF MORTGAGE. ASSIGNMENT OF RENTS
AND SECURITY AGREEMENT
VI Ltd. Limited Pal1nership, a Michigan limited partnership, successor by mergcr to VI
Partnership, Ltd., a Florida limitcd partnership, whose address is c/o 800 Law'el Oak Drivc, Suite 300,
Naples, Florida 34108 as "Mortgagor," by that certain Mortgage, Security Agreement and Fixture Filing
in favor of Van-Dc v, Inc., a Florida corporation, recorded in O.R. Book 4047, Page 3803, as modified by
that ccrtain Modification of Mortgage recorded in O.R. Book 4259, Page 2485; as assigned from Van-
Dev, Jnc., a Flmida corpol'ation, to Comerica Bank, a Texas banking Association, by that certain
Assignment of Note and Mortgage reeorded in O.R. Book 4259, Page 2488; as 1110ditled by that certaio
Notice of Future Advance and Modilication of Mortgage recorded in O.R. Book 4259, Page 2491; as
fUl"ther modi tied by that certain Amended and Restated Continuing Collateral Mortgagc recorded in O.R.
Book 4259, Page 2494; all of the Public Records ofCollicr County, Florida ("Mortgage") mortgaged unto
COMERlCA BANK, a Texas banking association ("Mortgagee") the premises thercin particularly
des<.:ribed, to secure payment of sums as described in the Mortgage with interest as therein mentioned,
Mortgagor has requested that Mortgagcc release the premises hereinafter described, bcing pal1 of
the mortgaged premises, from the lien and operation of all of the forcgoing, as wcll as from the lien and
operation of any other mortgage, leasc or encumbrances or other claims held by Mortgagee.
NOW, THKRl,FORE, the Mortgagee in consideration of the premises and of the sum of Ten
and 00/100 ($10.00) Dollars and other good and valuablc considerations, to it paid by the Mortgagor at the
time of the execution hereof, the ret:cipt whereof is hereby acknowledged, does hereby remise, release,
quit-claim, exonerate and discharge from the lien and operation of the Mortgage held by M0I1gagee, (and
from the effect of any other lien, claim, assignment or other interest Mortgagee may have or claim therein
or thereon) to the Mortgagor, its successors and/or assigns, all the parl of the premises encumbered
thereby to wit:
(SEE EXHlBIT "A" ATTACHED HERETO AND INCORPORATED BY
REfERENCE HEREIN.)
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said M0I1gagor, its
successors and assigns forever, freed, exonerated and discharged of and from the effect of said
instruments and every part thereof; provided always, nevertheless, that nuthing herein contained shall in
anywise inlpair, alter or diminish the effect, lien or encumbrance of the aforesaid encumbrances 011 the
remaining pmt of the pl'l~miscs not hcreby rcleased therefrom, or any of the rights Hnd remedies of the
holder hereof.
IN WITNIGSS WHEREOF, the undersigned has hereunto caused this instrument to be executed
thIS ..~'l- day of December 2008.
OR: 4425 PG: 3241 I
16D3*
(if Ik:ULcpl20 Ul{;L~1J#tL---
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. C:cli-H-J~llL1.1J{U" .
Printed Nwhe oj Witness ~
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By:.
Al
Signed, scaled and delivered
in the presence of:
Witne.x's #2
Carl" R. GtJr~cJu: ..__~
Printed Name 0.( Witness 112
(Corporate Seal)
STATE OF MICHIGAN
COUNTY OF il)!2l.~
)
99
)
1 HEREBY CERTIFY that the foregoing instrument was acknowledged bel'ore me on this ;!;;;l.
day of December 2008 by AMANDA J. UFFELMAN, as Vice Presidcnt of COME RICA BANK, a Texas
banking association, on hehalf of the association, who is personally known to mc.
~_...A,~"..."....".........~_....? >-J...i (J(yLJ...j..,.; J}/.L 0.fO.iJ...:f-/!
G'IhY HUfNA(;EL Notary PlIblicif'(" 1/1.'1 f'/idtidGj e(
Nc1ar")' PUblic fvk:hlgan Printed Name: '--'
Wc,yco Coun:y My Commissio-;; Expi;'~';~'~j-'q ~ II
My c.ornmi:;:;ion EKplre.s ~9~ 9.2011
Acting in !tv,: Counly of "~L L.l.
'mI""'"W"""'Jl
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EXHIBIT "A"
OR: 4425 PG: 314116 D 3 ~
BBLS
SURVEYORS AND MAPPERS
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
MORAYABAY
RESTROOM {<'ACILITY
(MORAYABAYPARCEW
A PORTION OF LOT 6, BLOCK "A", BAKER - CARROLL POINT UNIT No.2,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE
62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEASTERLY CORNER OF SAID LOT 6, BLOCK
"An, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF BLUEBILL AVENUE (STATE ROAD No. 846); THENCE RUN
N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A
DISTANCE OF 217.29 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89052'20"W.
FOR A DISTANCE OF 5.49 FEET; THENCE RUN N.00007'42''E. FOR A
DISTANCE OF 20.55 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE RUN S.l4049'20"E., ALONG SAID SOUTHERLY RIGHT OF WAY
LINE, FOR A DISTANCE OF 21.27 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 56.38 SQUARE FEET OR 0.001 ACRES, MORE OR LESS.
BEARINGS REFER TO BAKER - CARROLL POINT UNIT No.2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERV ATroNS OF RECORD.
...-- -s,,= ~ ..... ,.... ;:i104/0~\
STEPHEN E. BERRY, STATEOF:fLORIDA,{J.,.S:,#5296)
BBLS SURVEYORS AND MAPPERS"iNC.,;'(L:B. ~753)
(SEE ATTACHED SKETCH-SHEETf OF'2}".,":': .:
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SHEET I OF 2
Z:\l'ROJECTS\2004\04129 MORYA SAY PILE STAKEOUT 04 27 07104129 _RRLBOAL_II030tl.doc
LINE
L5
L6
L7
PUBUC BEACH
USE AND ACCESS
EASEMENT
O.R. 3929, PC. 2319
*** OR: 4425 PG: 324' ***
32
LINE TABLE
BEARING
N89'52'20"W
NOO'07'42"E
S14"49'20"E
~
N
DISTANCE
5.49
20.55
2\.27
o 10' 20'
SCALE 1" ~ 20'
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.\ NORTH LINE OF SEe 29,
TWP 48 SOUTH,
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(STATE ROAD No. 846)
RIGHT OF WAY VARIES
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"SOUTHERLY BLOCK "A"~
RIGHT OF WAY\
LINE" .. ~
______--11_u
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P.O.B.
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BLOCK "A"
BAKER-CARROLL POINT UNIT No.2,
PLAT BOOK B, PAGE 62
[-;';:;'OR'~YA BAY"
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NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON
BAKER-CARROLL POINT UNIT No.2. PLAT BOOK 8,
PAGE 62. COLLIER COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS,
RESERVA TlONS OR RESTRICTIONS OF RECORD.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIMALS THEREOF,
P.O.C.
P.O.B.
No.
L.S.
L.B.
SEC.
TWP.
RNG.
O.R.
pc;.
BLDG.
POINT OF COMMENCEMENT
POINT OF BEGINNING
NUMBER
LICENSED SURVEYOR
LICENSED BUSINESS
SECTION
TOWNSHIP
RANGE
OFFICIAL RECORDS BOOK
PAGE
BUILDING
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DAT~ 04/22/08
FIELD BOOK AND PAGt::
SHEET 2 OF 2
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RESTROOM FACILITY
A PORTION OF BLUEBILL A VENUE RIGHT OF WA Y (STATE ROAD No. 846)
BBLS SURVEYORS & MAPPERS INC.
1502.A RAIL HEAD BL VD.
NAPLES, FLORIDA 34110 (239) 597-1315
DRA ltN BY: sUO
APPROVED BY:
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16032
GENERAL CONTRACTOR'S FINAL WAIVER AND RELEASE OF LIEN
PROJECT NAME: THE BEACH TOWER AT MORAY ABA Y, A CONDOMINIUM
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, Kraft Construction Company, Inc., a Florida corporation, for
and in consideration of the payment by VI Ltd. Limited Partnership, a Michigan limited
partnership, successor by merger to VI Partnership, Ltd., a Florida limited partnership (the
"Owner"), of $10.00 and other valuable consideration, receipt of which is hereby acknowledged
on account oflabor, material and services heretofore and hereafter performed on the property, as
such term is defined below, hereby releases, waives and quit claims to the Owner any and all
liens, lien rights, claims or demands of any kind whatsoever which the undersigned now has or
might have against the improvements and real estate (the "property") legally described as:
(SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY
REFERENCE HEREIN.)
The undersigned acknowledges and certifies that:
(a) this is a Final Waiver of all Lien rights which the undersigned has against the
property for all labor, material and services heretofore and hereafter performed
including all extras and change orders; and
(b) the undersigned has the right and authority to execute this Final Waiver and
Release of Lien.
The undersigned acknowledges that, under Florida Statutes, the Owner, and other parties have a
right to rely upon this Final Waiver and Release of Lien and that making any false statement
shall constitute perjury and punishment can be made in accordance with the provisions of the
laws ofthe State of Florida.
IN WITNESS WHEREOF, I have executed this instrument this J~day of December
2008.
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16032
STATE OF FLORIDA )
COUNTY OF COLLIER )
I hereby certify that on this day, before me, an officer duly authorized to administer oaths
and take acknowledgements, personally appeared F. Fred Pezeshkan, as CEO of Kraft
Construction Company, Inc., on behalf of the corporation, who executed the foregoing
instrument in such officer's personal or authorized representative capacity indicated above and
who is personally known to me.
ffi l'D~
Witness my hand and 0 lcial seal in the County and State last aforestated this _
day of December, 2008.
My commission expires:
~Ll(]aN1 ~
No ry Public, State o~orida ,
, G:) u... " A-f\ 0 U-+t "'-
Printed Name of Notary Public
(SEAL)
Notary Commission Number
7J
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~~i"Ilarv Public State of Florida
::;II.S1!l Suertin
\,i~ ","lmlssion 00387017
,-:x('!(e:;:i2118/2009
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EXHIBIT "A"
BBLS
SURVEYORS AND MAPPERS
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
MORAYA BAY
RESTROOM FACILITY
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(MORAYA BAY PARCEL)
A PORTION OF LOT 6, BLOCK "A", BAKER - CARROLL POINT UNIT No.2,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE
62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCE AT THE NORTHEASTERLY CORNER OF SAID LOT 6, BLOCK
"A", THE SAME BEING A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF BLUEBILL AVENUE (ST ATE ROAD No. 846); THENCE RUN
N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A
DISTANCE OF 217.29 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89052'20"W.
FOR A DISTANCE OF 5.49 FEET; THENCE RUN N,00007'42"E. FOR A
DISTANCE OF 20.55 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE RUN S.14049'20"E., ALONG SAID SOUTHERLY RIGHT OF WAY
LINE, FOR A DISTANCE OF 21.27 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 56.38 SQUARE FEET OR 0.001 ACRES, MORE OR LESS.
BEARINGS REFER TO BAKER - CARROLL POINT UNIT No.2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
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STEPHEN E. BERRY, STATJ;\ OFFLORIDA,,():..S~#.'Y296)
BBLS SURVEYORS AND MAPPERS1iNC;;'(L.B. ~753)
(SEE ATTACHED SKETCH-SHEEn OF.~),\' . "":; ,/ ../
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16D3
*** OR: 4425 PG: 3247 ***
LINE T ....BLE +
LINE BE....RING DIST....NCE
L5 N89'52'20"W 5.49
L5 NOO'07' 42.E 20.55 N
L7 S14'49'2D.E 21.27
o 10' 20'
SC....LE 1" ~ 20'
PUBUC BEACH
USE AND ACCESS
EASE....ENT
o.R. 3929, Pc. 2319
\ ~ NORTH LINE OF SEC 29,
, TWP 48 SOUTH,
\ RNG 25 E....ST
\------- --------------~--: - - - - - - - - - --
\._ I
\ I BLUEBILL A VENUE
\ : (ST....TE RO....D No. 8016)
I RIGHT OF W.... y V....RIES
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PUBLIC
RESTROOM BLDG.
P.O.C.
NORTHE....STERL y
" CORNER OF LOT 5,
SOUTHERLY BLOCK ......~
RIGHT OF W....y1
LINE.
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217.29' . ... V
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B....KER-CAAROLL POINT UNIT No.2,
I P[L....T_~.?_ll.~_~. P....GE 62
.MOR....y.... B....Y.
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LEGEND
NOTES:
1) BEARINCS SHOWN HEREON ARE BASED ON
BAKER-CARROLL POINT UNIT No.2, PLAT BOOK B,
PACE 52, COLLIER COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS,
RESERVATIONS OR RESTRICTIONS OF RECORD.
J.) DIMENSIONS SHOWN HEREON ARE IN FEET AND
DECIM....LS THEREOf.
P.O.C.
P.O.B.
No.
L.S.
L.B.
SEC.
TWP.
RNC.
O.R.
PG.
BLDG.
POINT OF COMMENCEMENT
POINT OF BEGINNING
NUMBER
LICENSED SURVEYOR
LICENSED BUSINESS
SECTION
TOWNSHIP
RANCE
OFFICI....L RECORDS BOOK
PAGE
BUILDING
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DAT~ 04/22/08
FJELD BOOK AND PAGB;
SHEET 2 OF 2
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RESTROOM FACILITY
A PORTION OF BLUEBILL AVENUE RIGHT OF WA Y (STATE ROAD No. 846)
BBLS SURVEYORS" MAPPERS INC.
15fJ2.A RAIL HEAD BL VD.
NAPLES, FLORIDA 34110 (239) 597.1315
DRAD BY: BUD
APPROVED BY:
SEa
SCALE:
1"- 20'
4258749 OR: 4425 PG: 324816 D 3,
RECORDE~ ill OFFICIAL RECORDS cf C81LIER COUNTY, p~
02!05!20J3 at 01:59PM DWIGHT E. BROCK, CLERK
'l/
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THIS INSTRUMENT WAS PREPARED BY:
Cheryl L. Hastings, Esq.
Grant, Fridkin, Pearson, Athan & Crown, P.A.
5551 Ridgewood Drive, Suite 501
Naples, Florida 34108
239-514-]000
REC FEB
DOC-,7C:
COPIES
31,50
.70
4.00
Retn:
CLERK TO THE BGAR~
!N,EROF1ICJ 4TH FLDeR
~X7 84GS
FOR OFFICIAL USE ONL Y
WARRANTY DEED
THIS INDENTURE is made this ~ay of December 2008, between VI LTD.
LIMITED PARTNERSHIP, a Michigan limited partnership, successor by merger to VI
Partnership, Ltd., a Florida limited partnership (the "Grantor"), and COLLIER COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its successors and assigns
(the "Grantee").
WITNESSETH: That the said Grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other valuable consideration to Grantor in hand paid by Grantee, the
receipt whereof is hereby acknowledged, hereby grants, bargains, and sells to Grantee, Grantee's
heirs, successors and assigns forever, the following described land, situate and being in the
County of Collier, State of Florida, to wit:
(SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY
REFERENCE HEREIN.)
TO HAVE AND TO HOLD the same in fee simple forever.
AND the said Grantor does hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE
TO FOLLOW.]
OR: 4425 PG: 3249
IN WITNESS WHEREOF, the said Grantor has caused these presents to be execu!dqs D 3 2
provided by law, on this, the day and year first above written.
VI LTD. LIMITED PARTNERSHIP, a Michigan
limited partnership, successor by merger to VI
PARTNERSHIP, LTD., a Florida limited
partnership
By: SC&G INVESTO S, INC.,
a Florida corporati , as Sole General
-:;-{:.ReJ-.J-
By:
Signature of Witness #/
1-:'>(+ bell" iflW ~-
prirJ Name of WiJ.IJeSIi--#j-~
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Signature of Witness #
priS~a~:'o~::r4-h da-JJ
STATE OF FLORIDA
SS
COUNTY OF COLLIER
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
10 day of December 2008, by Keith A. Sharpe, a~President of SC&G Investors, Inc., a
Florida corporation, as Sole General Partner of VI Ltd. Limited Partnership, a Michigan limited
partnership, successor by merger to VI Partnership, Ltd., a Florida limited partnership, who is
personally known to me.
/ldj (~ A ;11,.
. otary Public ~FIorida
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~
(Notary Seal)
~'f~. Notary Public State of Florida
R'~"i-. Michelle M Quevedo
:" ~ ~ M~ Commission 00535362
.......J' E,p,res 04/19/201 0
_~,=_,,,,,--'-~'-'~'-'O.==
Printed Name of Notary Public
My Commission Expires:
r:\datalwd_real\signalur\morayabeachlrcstroom facility - warnmly deed,doc
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EXHIBIT "A"
16D32
BBLS
SURVEYORS AND MAPPERS
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
MORAYABAY
RESTROOM FACILITY
(MORAYABAY PARCEL)
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A PORTION OF LOT 6, BLOCK "A", BAKER - CARROLL POINT UNIT No.2,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE
62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
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COMMENCE AT THE NORTHEASTERLY CORNER OF SAID LOT 6, BLOCK
"A", THE SAME BEING A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF BLUEBILL A VENUE (STATE ROAD No. 846); THENCE RUN
N.89052'20"W., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A
DISTANCE OF 217.29 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.89052'20"W.
FOR A DISTANCE OF 5.49 FEET; THENCE RUN N.00007'42''E. FOR A
DISTANCE OF 20.55 FEET TO SAID SOUTHERL Y RIGHT OF WAY LINE;
THENCE RUN S.14049'20"E., ALONG SAID SOUTHERLY RIGHT OF WAY
LINE, FOR A DISTANCE OF 21.27 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 56.38 SQUARE FEET OR 0.001 ACRES, MORE OR LESS.
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BEARINGS REFER TO BAKER - CARROLL POINT UNIT No.2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8 AT PAGE 62 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
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---- 8~,.. 11/04/08
STEPHEN E"-I3E~,STATE GEFLORIDA, (L.S. #5296)
BBLS SURVf:YORs AND ~APPERS INC., (L.B. #6753)
(SEE A TT AC~i? ~Tt3H~SHE;ET2 OF 2)
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______-.1_____,
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LINE
L5
L6
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PUBLIC BEACH
USE AND ACCESS
EASEMENT
D.R. 3929, PG. 2319
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NOTES:
NORTH LINE OF SEC 29.
TWP 48 SOU TH. ----...
RNG 25 EAST '\.
----------------- ----,------ - - -- - -- - - - - --
I
LINE TABLE
BEARING
N89'52'20"W
NOO'07'42"E
S14'49'20"E
DISTANCE
5.49
20.55
21.27
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RESTROOM BLDG.
P.O.B.
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EXHIBIT "A"
l
N.B9'S2'20"W.
LOT6
BLOCK "A"
BAKER-CARROLL POINT UNIT No.2,
PLAT BOOK 8, PAGE 62
"MORAYA BAY"
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_______r--~
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1) BEARINGS SHOWN HEREON ARE BASED ON
BAKER-CARROLL POINT UNIT No.2, PLAT BOOK 8,
PAGE 62, COLLIER COUNTY, FLORIDA
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2.) THIS PROPERTY IS SUBJECT TO EASEMENTS,
RESERVA TIONS OR RESTRICTIONS OF RECORD.
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DECIMALS THEREOF.
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SHEET 2 OF 2
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RESTROOM FACILITY
A PORTION OF BLUEBILL A VENUE RIGHT OF WA Y (STA TE ROAD No. 846)
BBLS SURVEYORS & MAPPERS INC.
1502.A RAIL HEAD BL VD.
NAPLES, FLORIDA 34110 (239) 597-1315
DATE
04/22/08
FIELD BOOK AND PAGE:
DRAWN BY
BUD
APPROVED BY:
SEB
SC ALE'
1"= 20'
LEGEND
P.O.C.
P,O.B,
No.
LS
LB
SEe
TWP.
RNG
O.R
F'G.
BLDG.
~
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o 10' 20'
SCALE 1" ~ 20'
BLUEBILL A VENUE
(STATE ROAD No. 846)
RIGHT OF WAY VARIES
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P.O.C.
NORTHEASTERLY
CORNER OF LOT 6,
"SOUTHERL Y BLOCK "A" (
, RIGHT OF WAY\
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POINT OF COMMENCEMENT
POINT OF BEGINNING
NUMBER
LICENSED SURVEYOR
LICENSED BUSINESS
SECTION
TOWNSHIP
RANGE
OFFICIAL RECORDS BOOK
PAGE
BUILDING