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Agenda 02/08/2022 Item #16A10 (Developer Agreement w/Bryan W Paul Family, LLP for Big Corkscrew Regional Park public access)
02/08/2022 EXECUTIVE SUMMARY Recommendation to approve a Developer Agreement (DA) between Bryan W. Paul Family Limited Liability Partnership (Developer) and Collier County to provide public access to the Big Corkscrew Regional Park from Oil Well Road through the Orange Blossom Ranch Planned Unit Development (PUD). (Projects 80039, 70194) OBJECTIVE: To obtain certain easements and road right-of-way for utilities and to construct a County road to service the Big Corkscrew Regional Park. CONSIDERATIONS: At the November 6, 2018 general election, the Infrastructure Sales Surtax was approved by majority of the voters. Big Corkscrew Island Regional Park was one of the benefitting projects from the Infrastructure Sales Surtax. The Big Corkscrew Island Regional Park, Collier County Fair Grounds and the Tim Nance Recycling Center currently only have the benefit of access from 39th Avenue NE. The Orange Blossom Ranch Planned Unit Development has contemplated a roadway connection from the Big Corkscrew Island Regional Park to Oil Well Road to provide more direct access to the park property and allowing residents to access the government facilities without traversing further down Oil Well Road through multiple school zones. County staff reviewed the placement of the roadway and determined it was best to align the public access roadway with an entrance to the PUD on the south side of Oil Well Road, thereby providing for a coordinated access point that may be the location of a future traffic signal should signal warrants be met. County staff has coordinated the dedication of the right-of-way through the residential portion that is within the northern portion of the PUD. However, to finalize the connection to Oil Well Road, additional right-of-way is necessary. The Developer has agreed to provide approximately 2.3 acres of fee simple road right-of-way and temporary construction and slope easements, at no cost to the County, which will allow the County, as part of Phase 2 of the Big Corkscrew Island Regional Park, to construct the roadway. The Developer has also agreed to provide 2 utility easements, one to the benefit of the Collier County Water Sewer District and the other to accommodate other utilities, such as Comcast, Florida Power & Light, etc., which will facilitate the County facilities. The Collier County Water Sewer District will reimburse the developer for the cost of the 0.28 acre easement in the amount of $17,500. The County will construct the access roadway with Phase 2 of the Big Corkscrew Island Regional Park. Construction of the roadway will include turn lanes, sidewalks and access points, which will accommodate both the Developer and the County facilities. Should a traffic signal be warranted in the future, the Developer, their successors or assigns, will be responsible for 25% of the costs, not to exceed $250,000 FISCAL IMPACT: The Collier County Water Sewer District will be responsible for one utility easement conveyance at a value of $17,500. Funding for the conveyance is available in Fund 419, CWS Bond #2 Proceeds under NE Utility Facilities, Project #70194. The County will incur costs for recording and funding for the construction of the access roadway to the Big Corkscrew Island Regional Park is available in the Big Corkscrew Island Regional Park, Project # 80039. This agenda item does not authorize construction funding for the roadway, which will be brought back for subsequent Board action. Packet Pg. 445 16.A.10 02/08/2022 GROWTH MANAGEMENT: The proposed Agreement is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATION: To approve the Developer Agreement between the Developer and Collier County granting easements and road right-of-way to provide a public access road servicing Big Corkscrew Regional Park. Prepared by: Trinity Scott, Deputy Department Head ATTACHMENT(S) 1. [Linked] Developer Agreement Orange Blossom Ranch - Signed (PDF) Packet Pg. 446 16.A.10 02/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doe ID: 16253 Item Summary: Recommendation to approve a Developer Agreement (DA) between Bryan W. Paul Family Limited Liability Partnership (Developer) and Collier County to provide public access to the Big Corkscrew Regional Park from Oil Well Road through Orange Blossom Ranch Planned Unit Development (PUD). (Projects 80039, 70194) Meeting Date: 02/08/2022 Prepared by: Title: Project Manager — Growth Management Development Review Name: Laurie Beard 01/28/2022 10:32 AM Submitted by: Title: Director — Capital Project Planning, Impact Fees, and Program Management Name: Matthew McLean 01/28/2022 10:32 AM Approved By: Review: Facilities Management Dave Closas Additional Reviewer Public Utilities Planning and Project Management Craig Pajer Public Utilities Operations Support Joseph Bellone Additional Reviewer Growth Management Department Lissett DeLaRosa Growth Management Department Facilities Management Ed Finn Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Jeanne Marcella Facilities Management Laurie Beard Additional Reviewer County Attorney's Office Sally Ashkar Level 2 Attorney Review Growth Management Department Trinity Scott Transportation Public Services Department Dan Rodriguez Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Susan Usher Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Growth Management Department Geoffrey Willig Growth Management County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 01/28/2022 10:57 AM Additional Reviewer Completed Completed 01/31/2022 8:50 AM Completed 01/31/2022 9:13 AM Completed 02/01/2022 9:00 AM Additional Reviewer Skipped Skipped 12/22/2021 10:07 AM Completed 02/01/2022 9:07 AM Completed 02/01/2022 10:47 AM Completed 02/01/2022 11:30 AM Completed 02/01/2022 11:41 AM Completed 02/01/2022 2:52 PM Completed 02/02/2022 8:52 AM Skipped 02/02/2022 11:10 AM Completed 02/02/2022 1:27 PM 02/08/2022 9:00 AM Packet Pg. 447 DEVELOPER AGREEMENT ORANGE BLOSSOM RANCH THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of , 2022 (the "Effective Date") by and between Bryan W. Paul Family Limited Liability Limited Partnership, a Florida Limited Liability Limited Partnership (hereinafter referred to as "Developer"), and Collier County, Florida, a political subdivision of the State of Florida ("hereinafter referred to as the "County"), and the Collier County Water -Sewer District (hereinafter referred to as "CCWSD"), collectively referred to as the "Parties." RECITALS: WHEREAS, the Orange Blossom Ranch PUD was adopted by the County by Ordinance No. 2004-74 on November 16, 2004 (PUD) and amended on October 25, 2016 through Ordinance 2016-31 and further amended on November 10, 2020 through Ordinance 20-46 ("PUD"); and WHEREAS, the Developer owns the commercial parcel within the PUD (the "Development"); and WHEREAS, Developer warrants and represents to the County that they have full ownership or control with respect to the portion of the land which is the subject of this Developer Agreement; and WHEREAS, the County is required under the PUD to build a County road to provide public access to Big Corkscrew Regional Park from Oil Well Road ("Road"), and the Developer is entitled to utilize the Road to service the Development; and WHEREAS, Developer is willing to grant the County road right-of-way in exchange for the construction of a Road that will serve both the Development and the Big Corkscrew Regional Park ("Park"); and WHEREAS, the County is currently engaging a design firm for the design of the Road; and WHEREAS, County staff has recommended to the Board of County Cormnissioners that the conveyances set forth in this Agreement are in conformity with contemplated improvements. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All the above RECITALS are true and correct and are hereby expressly incorporated by reference as if set forth fully below. a Developer Commitments 2. Within sixty (60) days of the Effective Date of this Agreement, Developer shall convey approximately 2.3 acres of land identified as Parcel 384FEE in Exhibit Al by warranty deed, the form which is attached as Exhibit A2, to accommodate the construction of the Road. Developer shall convey the land to the County in fee simple. Upon receipt of the deed and the County's duly signed, witnessed, and notarized closing documents, the County shall record the deed in the Public Records of the County. The County shall assume all costs associated with the recordation of the deed and shall provide the Developer with a copy of the recorded deed. 3. Within sixty (60) days of the Effective Date of this Agreement, Developer shall convey a temporary construction and slope easement identified as Parcel 384TSE1 and Parcel 384TSE2 in Exhibit Bl and in the form, which is attached as Exhibit B2, which is approximately .59 acres. This easement shall terminate at such time as the development immediately adjacent to the subject easement receives its first Certificate of Occupancy. The Developer shall notify County staff in writing when it receives the first Certificate of Occupancy. The County shall record at County's expense, a termination of the temporary construction and slope easement within 30 days of the development immediately adjacent to the subject easement receiving its first Certificate of Occupancy. The County shall provide a copy of the recorded termination to the Developer within five days of the recording of the termination. 4. Within sixty (60) days of the Effective Date of this Agreement, Developer shall convey a Utility Easement to the Collier County Water -Sewer District for water and wastewater utilities ("County Utilities) identified as Parcel 384UEI, as described in Exhibit C1. The form of the Utility Easement is attached in Exhibit C2. The Parties agree that the value of Parcel 384UE1 shall be $17,500, The Developer shall receive payment for Parcel 384UE1 within sixty (60) days of conveyance of the Utility Easement. 5. Within sixty (60) days of the effective date of this Agreement, Developer shall convey at no cost to the County an Easement to Collier County for utilities including but not limited to telephone, cable, electrical ("Public Utilities") identified as Parcel 384UE2 as described in Exhibit C1 and in accordance with the form of the Utility Easement attached as Exhibit C3 which is approximately 0.28 acres. The property shall be conveyed free and clear of all liens and encumbrances. 6. Within forty-five (45) days of the bid opening for the park access road, the Developer shall abandon all irrigation mains within the right-of-way and easement areas. 7. The County currently has two existing 20-foot by 30-foot water well sites, identified as County Utility Easements as set forth in Exhibit E. Developer, at no cost to the County, agrees to expand the two water well sites to 50-foot by 50-foot each in the areas depicted in Exhibit E. This expansion will satisfy the Developer's PUD obligation to provide water well sites in Ordinance 2004-74, Section 6.4 Utilities, Item A and B. M County Commitments S. As part of Phase II of the Park, Collier County shall include construction of the Road through the Commercial Tract of the Orange Blossom Ranch MPUD as identified in conceptual construction plans attached as Exhibit D. The County is responsible for all costs of designing and constructing the Road including, but not limited to, all necessary County Utilities, turn lanes, curb cuts and sidewalks as identified in the construction plans. The Road shall include the design and installation of a drainage pipe under the Road connecting the Developer's parcels to the stormwater management system that has been approved for the Orange Blossom Ranch PUD. The Road design will include a gravity sewer line at a location and elevation provided by the Developer. The Developer shall pay the cost to construct the gravity sewer line. The Road construction plans will include telephone, cable, electrical, including any costs to relocate existing electrical utilities, and other utilities ("Public Utilities") to serve the Park and the Developer's parcels. The costs to construct the Public Utilities as part of the Road will be split between the County and the Developer. The County will pay two-thirds the actual cost of construction of the Public Utilities and the Developer will pay one-third the actual cost of construction of the Public Utilities. The Road and related improvements shall fulfill the Developer's access obligations except the proportionate share of a future traffic signal at Oil Well Road. The Developer's proportionate share of the traffic signal shall be based on twenty-five percent (25%) of the traffic utilizing the intersection at the time the signal is warranted and shall not exceed $250,000. The County will permit the Developer to connect its Development to the Road to accommodate the Developer's development plans, subject to meeting County access separation standards. The Developer shall be responsible for payment of any design plan changes relating to the access locations prior to Road construction. The proposed Developer changes are set forth in Exhibit F. 9. If the County does not issue a Notice to Proceed or otherwise initiate construction of the Road within 270 days of the Effective Date of this Agreement, the Developer shall have the right but not the obligation to construct the Road for a cash reimbursement from the County. The Developer shall provide written notice to the County of its intent to initiate construction of the Road. The construction management costs are reimbursable to the Developer. Prior to the Developer commencing construction of the Road, the County and the Developer shall cooperate to have Developer advertise and bid the Road project in accordance with the County's normal solicitation procedures for public road projects and using the County's electronic bid system. The County shall provide written notice to Developer documenting the result of such solicitation and ranking all qualified bids from lowest to highest, with the dollar amount of the lowest qualified bid being hereinafter referred to as responsible bidders. Developer may negotiate with any of the bidders or any other qualified contractor on its project to construct the Road, and in that regard, Developer shall not be obligated to award the construction of the Road to the low bidder or to any of the responsive bidders; however, in no event shall the final reimbursement amount by the County exceed the low bid amount. 10. County shall provide to the Developer a drainage easement with dimensions to be determined at Site Development Plan for Developer's parcels, allowing the Developer's parcels to connect to the County canal along the western boundary of the PUD. The drainage easement will be provided within fifteen (15) days of county approval of the site development plan or plat for the Developer's parcels. Legal Matters 11. This Agreement shall not be construed or characterized as a "development agreement" under the Florida Local Government Development Agreement Act. 12. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all heirs, assigns and successors in interest to the parties to this Agreement. The term "Developer" shall include all of Developer's heirs, assigns and successors in interest. 13. 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 restrictions. 14. 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. 15. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen ( 14) days after the Effective Date. The County shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developers upon request. 16. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then -current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 17. 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 national recognized overnight delivery service, and addressed as follows: To County: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, Florida 34112-5746 To Developer: Bryan W. Paul Family Limited Liability Limited Partnership P.O. Box 2357 Highway 78-A Labelle, Florida 33935 am 18. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority, or power to bind any other party hereto to any agreement whatsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW am IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY and CCWSD; ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, CRYSTAL K. KINZEL, Clerk , Deputy Clerk AS TO DEVELOPER: WITNESS; STATE OF FLORIDA COUNTY OF HENDRY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT By, William L. McDaniel, Jr, Chairman Bryan W. Paul Family Limited Liability Limited Partnership it B y TES Printed me: .6,n_Y.a,.r kr. �',� C, Title: Man chin Member-Qf-Bryan Paul Management,LLC General Partner of Bryan W Paul Family LLLP The foregoing instrument was acknowledged before me this 31 day of JaIn , 2022, by Bryn W Paul. Mana�ln�_Member of Bryan Paul M mt LLC al Partner �f Bryan W. Paul Family Limited Liability Limited Partnership. Heim is [ personally known to me, or has produced driver's license number as i Gdl*RY pi;' •. NANCY WD19,2024 , Notary Public - StNOTARY PI�7 LIC Commission R Name; T( �l yOFo_. My Comm. ExpireBanded through Nation My Co►nmission Expires; Approved as to form and legality: Sally A. Ashkar, Assistant County Attorney Exhibit Al — Parcel 384FEE Sketch & Legal Exhibit A2 ---- Warranty Deed Form Exhibit Bl — Parcels 384TSE1 and 384TSE2 Sketch and Legal Exhibit B2 — Temporary Construction and Slope Easement Form Exhibit Cl — Parcels 384UE 1 and 384UE2 Sketch and Legal Exhibit C2 — County Utility Easement Form Exhibit C3 — Public Utility Easement Form Exhibit D — Park Access Road Plans Exhibit E - Well Site Easements Exhibit F — Access Locations Exhibit A 1 oN�o's��-za-rzls7�od� H�ldxsl�d}�rnslz f-1d /m-7-7rss.vNoo ors zo\tmc, (3/ivns ia.7rovdl,�3Adnsl:9 o ti aVO& 77-9M 7I0 .70601 .. 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PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership, flkla The Bryan W. Paul Family Limited Partnership, a Florida limited liability limited partnership, whose mailing address is P.O, Box 2357, Labelle, Florida 33975, (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor' and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. This property was not acquired by the County pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations of record, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership (Signature) By: Bryan Paul Management, LLC, a Florida limited liability company, its General Partner (Print Full Name) By: (Signature) BRYAN W. PAUL, Member (Print Full Name) STATE OF FLORIDA COUNTY OF The foregoing Warranty Deed was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 20 , by BRYAN W. PAUL as a Member of BRYAN PAUL MANAGEMENT, LLC, a Florida limited liability company, as General Partner of BRYAN W. PAUL, LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida Limited Liability Limited Partnership, on behalf of the company, who: is personally known to me OR produced as proof of identity. (affix notarial seal) Approved as to form and legality Assistant County Attorney Last Revised: 9l24120 (Signature of Notary Public) (Print Name of Notary Public) Serial 1 Commission # (if any): My Commission Expires: WARRANTY DEED PAGE 2 OF 2 W Exhibit B 1 ;MG'5,Tl-z0--1zls7Vs3'r Hd 1ir3&JS>ftr0s 01,Y .1alroacAlul}vnsl s ti x C) II a 4 N W ti Z a �o ❑HD� 773M 710 � �wQ� C-) < NCQ ry <ry gU7 Q`-�j m W N gw . 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Z a U x Z Y O W m ¢ H u.i w 0 vi o;r Z h �U CZ 4 5 €. ~ ;`) � C7 L v ~ O L c v� �[ � ti+ ci U1 t� � z 1��ao vi w C� a Q W ¢ pCNQ� Z q�UU 0 C, Z UO a(L— ZtiOxzt� OC �'� IY ti - az =© z mza Ili LU LLi Z LLJ z W JLLO QU � W F- 0 M r^ Z 0 0 oo�C �� v��o v Z p x x Z 3 0 p x n p cc o k a- Z ti z^ W U) n�C� _ 4jm� �p Cl-i W 72, tiq a OPZ� �� �U _x °� o O W Q O¢ O Z O x W V ?• 0. C� v 3` ti C� ¢S U x -^^ M a CO o N o 4 �L4L, R�o ¢ ^� c-v ti v xLZ� W a � Q�apry�tio��oo�Uzci, _ o aLQNo-Ij L L W W ti N Q W O N `p O tiL.,O' N O U-)U U ¢ a Q N O ti O 4i x U O ct O C ?O �O? ti q Z U t� ,10 O U V O S C L ti LcrrOc.�7Q�`r�a�_� Z L. ��"�x zLT ^ o 14" oQ W w� `r zoo `` W o;, '"� N Z O 1 U U O O ti -Zti O Q¢ U} o ztQ o, ao xa�mao� LU O cn Z� N4 ¢p ¢ti 4 0L;- oamq" ��N a •-- co Fv- - T i `�� Q QL- ui a- ✓� !^ C � v C � NIL .7 ;J ExhibitB2 :a PROJECT: 99999 Miscellaneous (Big Corkscrew Island Regional Park) PARCEL: 384TSE1 8 384TSE2 FOLIO: Portion of #00209961102 Exhibit TEMPORARY CONSTRUCTION AND SLOPE EASEMENT THIS EASEMENT, made and entered into this day of , 20_ by BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership, f/k/a The Bryan W. Paul Family Limited Partnership, a Florida limited liability limited partnership, whose mailing address is P,O, Box 2357, Labelle, Florida 33975 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112, its successors and assigns, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor' and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement for the purpose of constructing and maintaining an earthen fill slope on the following described lands located in Collier County, Florida, as well as constructing and maintaining roadway, sidewalk, drainage and utility facilities within the public right of way immediately adjacent thereto on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY NOR CONTIGUOUS THERETO TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing and maintaining an earthen fill slope thereon as well as constructing and maintaining roadway, sidewalk, drainage and utility facilities within the public right of way immediately adjacent thereto. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above until it's termination. This Easement shall automatically terminate [TBD] IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written, AS TO GRANTOR: WITNESSES: BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership (Signature) (Print Full Name) (Signature) (Print Full Name) By: Bryan Paul Management, LLC, a Florida limited liability company, its General Partner EM BRYAN W. PAUL, Member HE STATE OF FLORIDA COUNTY OF The foregoing Temporary Construction and Slope Easement was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 20 , by BRYAN W. PAUL as a Member of BRYAN PAUL MANAGEMENT, LLC, a Florida limited liability company, as General Partner of BRYAN W. PAUL LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida Limited Liability Limited Partnership, on behalf of the company, who: is personally known to me NN produced as proof of identity. (affix notarial sea[) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Approved as to form and legality: Assistant County Attorney Last Revised! 9/24/20 MIN Exhibit c 1 Es 9,VG's4'7-za-rzls7VDJI N�l��s1�..7rr7nslz l-ld �)r,g - zollzoz C7CL N N q cq 4 N O Q ❑d02�+ 77-3AA 710 e g u Q N N o 7 ���Q } a N N s 91 656 O4?d ¢ �m coN d Q M .Sf,Sf.SB S 17 ❑ �m��wj w o � w ww � m U 4Lij w �vxi zo� a� o cn ca a cn z Co W a 4 o Q a Q 4 5 0 �Q W �U Z z W zQ O Q <� w O cA -1 z O > z�� 1--i v �V Q J — O b zW cd G Q W U J a ti O ca p O Q O N 1i H W w co cc } y � M '� .v A ;r rt d' n ' 9 � U y.a I I W U \ U Cl, U cz 1NJYV3SV3 7(f] ,0'06' CV O w o a 5 n '- � 3 c N �� FJ O b'0 3 Q a q¢p �j O r LJ < �� E E d zoer I � o CO - r o U ........... \ 7 • r` �� �e = u b'Z �Sb'Hd WOSS079 o 3E)NV&O I H HONVHCL w � w � W w U U O �f O � m � O � U W w o o R 4 eJ V 4 V sr 041a*s,�'7-z0-rz\S7V,9.37 ",/ ;vlv3s,)�,Voo oip - zo\lzoz k7ANCIS 7o�raz�d�f�;t� rsl v Z a N m 0.� ?� to �� U r� O ri m ❑ ❑ c� yr w 2 Y w m¢ F Q 00 U O ZI ~ $Z ti� = U3 UA L i4zw Q !— cymh �i m T3 ui Z w ¢qcn a Q d o w zQ dU O x �L,� �H� az o �_ W f0LL Z LU Q z�z J Z aY 0 LU O J CYf1 ©_ 0F- 0U r O � r _0 Ls - soon .a �._i at Lli tiU OHO N Z' �4i �� citQ) ~� �'Q Z O ti~ O Q z ZCl O 4d � G � � 'O `c• O 0 4 x Z in ToU C] Q Q 00 '"-j w T j LL `T C7 O � U :TS c o 04 v a a OS ~ ON QU qN Q �• c `] �; 7 m i{�-_ F_ LA cl It Cy,W �� L Q�n Isu c VN ti�.O�L�O�Q� -:)` ^�'� �Zi n ti �n :3 ° ti C L,o n L -s O O U x to �qo UO a Z v Z O ti� ? i q ti v Q Sao to ? �o o L p of -� Q w b z Q m Z a U o 4 ^'i Z OsU 2w W Z ?� _ tiU UR ti til b L ZChn b R: W x q �c �O U �O, .�O Z Qti� Q 4 qb O '� m Zj S0. 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W =O ti z z ti Z �� O Q�WF-..LL ZO}} �w� ti�ti �u �O� CO W? Z U ra0 O O ZW .�C�40Q �Y ni0 '"-iO�Oc Y LE1 OQ Cf) ~ (} M Z _O Q o if 0 ti U.,l M j ^ cr zz ti a O W O 0 i <y ti �r 0 U w w V a 0 n cn n 2 O w~ ti U U S O O O �� ti cL Q • Q p c < r o �� �ti U ti' ~d•U Z Z Em= o i tiU O U Z ti O �L, , ZL O O Q O .'3 '6 0 O U o OU N �ti C,��� �� �•~c LZ i Nb Q_ n C� �w L U� `��rnOZS o�0U7ti~ti ��U��L O O CQ {w12 } O�� Z QO QUO v4wb �w�v Caw j, ti O o rn z c,-, ,� z w w U T. �� �o Z 4rQ�w�Z s 3 Z r< U ni L7 W aO^ q�O Z~ �Q WF q0 �O If w � rC LU O H boa �zo? zzw�zz� c?����z��,o���o o - OZ LC ni 0 0 C� w U w g O ti q C' U Q� ti ti j �� O� � QWW x � ��x ^7 z 4��q Z U� Oq IZ EL U tr Z O ti U¢ i� "} O�' Q ti ti t. v to ti 7 v '4ri L � f U Exhibit C2 PROJECT: 99999 Miscellaneous (Mg Corkscrew Island Regional Park) PARCELS: 384UE1 &384UE2 FOLIO: Portion of #00209961102 Exhibit UTILITY EASEMENT THIS EASEMENT, made and entered into this day of , 20 by BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership, flkla The Bryan W. Paul Family Limited Partnership, a Florida limited liability limited partnership, whose mailing address is P.O. Box 2357, LaBelle, Florida, 33975, (hereinafter referred to as "Grantor'), to 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, its successors and assigns, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNES.ETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for utility, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY NOR CONTIGUOUS THERETO. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, any and all water, wastewater and/or irrigation quality lines, pipes, infrastructure and all appurtenances thereto or thereunder for the purpose of constructing, operating and maintaining utility facilities thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership (Signature) (Print Full Name) (Signature) (Print Full Name) By: Bryan Paul Management, LLC, a Florida limited liability company, its General Partner BRYAN W. PAUL, Member Last R( Iaecl 912q/20 Utikity Easement STATE OF FLORIDA COUNTY OF The foregoing Utility Easement was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 20 , by BRYAN W. PAUL as a Member of BRYAN PAUL MANAGEMENT, LLC, a Florida limited liability company, as General Partner of BRYAN W. PAUL LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida Limited Liability Limited Partnership, on behalf of the company, who: is personally known to me OR produced (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial 1 Commission # (if any), - My Commission Expires: Approved as to form and legality Assistant County Attorney proof of identity. L 5t R�N,15,d W24/20 Ut l l i ty Lsement 2 PROJECT: 99999 Miscellaneous (Big Corkscrew Island Regional Park) PARCELS: 3841JE2 FOLIO: Portion of #00209961102 EASEMENT THIS EASEMENT, made and entered into this day of 120 by BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership, flkla The Bryan W. Paul Family Limited Partnership, a Florida limited liability limited partnership, whose mailing address is P.O. Box 2357, LaBelle, Florida, 33975, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter, "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors, or assigns,) WITNESETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for public and private utility facilities including, without limitation, facilities for electricity, gas, and communication cables, upon Grantee's prior written consent, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY NOR CONTIGUOUS THERETO. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, any and all pipes, infrastructure and all appurtenances thereto or thereunder for the purpose of constructing, operating and maintaining public and private utility facilities thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: BRYAN W. PAUL FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida limited liability limited partnership (Signature) (Print Full Name) (Signature) (Print Full Name) By: Bryan Paul Management, LLC, a Florida limited liability company, its General Partner By: BRYAN W. PAUL, Member Lnst Revised 7/I/2I lit4k1ty Cas m-,1. I STATE OF FLORIDA COUNTY OF The foregoing Utility Basement was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 20 , by BRYAN W. PAUL as a Member of BRYAN PAUL MANAGEMENT, LLC, a Florida limited liability company, as General Partner of BRYAN W. PAUL LIMITED LIABILITY LIMITED PARTNERSHIP, a Florida Limited Liability Limited Partnership, on behalf of the company, who: is personally known to me WN produced as proof of identity. 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