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Agenda 06/13/2023 Item #16B1 (To approve Second Amendment for the design and contruction of the Collier Boulevard widening project)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting June 13, 2023 Move item 17A to item 9C: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (PUD), to increase the maximum number of dwelling units by 413 for a total of 846 dwelling units for the PUD and by changing the Commercial Tract to the Commercial Tract‐Mixed Use. The subject property is located in the Activity Center #9 Overlay and within Special Treatment Wellfield Zone 4 (ST/W‐4), west of Collier Boulevard and south of Magnolia Pond Drive; in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 70.00± acres; and by providing an effective date. (Companion to items 16B1 & 17B) [PL20210000419] (Commissioner Hall’s request) Move item 17B to item 9D: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the Golden Gate Commerce Park Planned Unit to change the Commercial Tracts to Commercial Mixed Use Tracts and by adding fabricated metal products as a permitted use in the Commercial Mixed Use Tracts. The subject property is located on the west side of C.R. 951 and north of I‐75, consisting of 74.2± acres in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion to items 16B1 & 17A) [PL20210000150] (Commissioner Hall’s request) Move item 16B1 to item 11B: Recommendation to approve and execute a Second Amendment to Developer Agreement with Victoria Estates, Ltd., Magpond, LLC, and I‐75 Associates, LLC (collectively referred to as “Developer”), in order to coordinate the Developer’s project with the design and construction of the Collier Boulevard widening project. (Companion to items 17A & 17B) (Commissioner Hall’s request) Move item 16D2 to 11C: Recommendation to award Invitation to Bid (“ITB”) No. 23‐8073, “Replacement of Waste Containers and Benches for Parks,” to Global Equipment Inc., d/b/a Global Industrial Equipment Company Inc., in the amount of $210,702.90 for a one‐time purchase to replace damaged waste containers and benches due to Hurricane Ian, and authorize the Chairman to sign the attached Agreement. (Commissioner LoCastro’s request) Notes: TIME CERTAIN ITEMS: 12/4/2023 1:47 PM 16.B.1 06/13/2023 EXECUTIVE SUMMARY Recommendation to approve and execute a Second Amendment to Developer Agreement with Victoria Estates, Ltd., Magpond, LLC, and I-75 Associates, LLC (collectively referred to as "Developer"), in order to coordinate the Developer's project with the design and construction of the Collier Boulevard widening project. (Companion to items 17A & 17B) OBJECTIVE: To approve and execute the attached Second Amendment to Developer Agreement to coordinate the development with the design and construction of the Collier Boulevard widening project. CONSIDERATIONS: The original Developer Agreement, dated July 22, 2008, between Collier County and the Developer provided, in part that the Developer would provide the County with certain right-of-way, slope and utility easements along Collier Boulevard. The Agreement was recorded at OR Book 4381, Page 1116 of the Public Records of Collier County, Florida. The First Amendment to the Developer Agreement incorporated the changes in right-of-way determinations based on the Interstate I-75 interchange at Collier Boulevard requirements. The First Amendment was recorded at OR Book 4546, Page 1962 of the Public Records of Collier County, Florida. The design of the Collier Boulevard widening project is currently being completed and the Developer is now pursuing development of their property. The Developer's project will include the construction of Noah's Way from its current termini north and then east to connect to Collier Boulevard. The County and the Developer agree that additional road right-of-way for the Developer's right turn lane from south bound Collier Boulevard onto future Noah's Way (prop. expansion) are required and that the County is better suited to design and construct the turn lane as part of their project. The Second Amendment to the Developer Agreement includes conveyance of right-of-way necessary and the compensation to the County in the amount of $153,209.70 for the cost of construction of the turn lane. The Second Amendment adds the following new paragraphs: 2.a. Within 30 days from Board approval of this Agreement, at County's request and notwithstanding paragraph 17, Developer shall convey to the County in fee simple the right-of-way legally described and graphically depicted in Exhibit C-1 and a slope easement legally described and graphically depicted in Exhibit C-2, at no cost to the County, in order to construct a right turn lane from Collier Boulevard onto Noah's Way, as identified in Exhibit A. Concurrent with this conveyance, Developer shall also make payment to the County in the amount of $153,209.70 for the estimated actual cost for the County to construct the necessary right turn lane for the Developer in conjunction with the Collier Boulevard widening project. Following completion of the construction, the County will do a reconciliation of the project costs. If the project costs are less than $153,209.70, then the County will reimburse the Developer for the difference. If the project costs are in excess of $153,209.70, then the Developer shall reimburse the County for the difference. In either event, payment will be made within 30 days from the date the County forwards Developer the written reconciliation of the project costs. The Developer shall have 10 business days to dispute the reconciliation. If disputed, the 30-day time frame shall be tolled and the parties will have 10 business days to resolve the dispute. Should the dispute not be resolved within such time frame, which may be extended by mutual consent of the parties, the matter will be heard by the Board of County Commissioners for final decision. The Board may refer the matter to either the Special Magistrate or an arbitrator who is agreeable to both parties for final decision, which decision may not be further appealed. Should the matter be referred, the losing party shall bear all of the costs of the hearing. At the time of conveyance, the Developer shall provide the County with a Warranty Deed substantially in the form of Exhibit "B-l" and a Slope Easement substantially in the form of Exhibit `B-2." All conveyances shall be free and clear of all liens and encumbrances. Developer shall provide to the County an updated title opinion, evidence of authority to execute real estate conveyance documents on their behalf, and instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting the County's enjoyment of the property. Developer shall be responsible for all costs related to the removal, release, or subordination to County of any liens and/or encumbrances, and for all Packet Pg. 539 16.B.1 06/13/2023 costs related to curing any deficiencies revealed in any title work. Within 30 days of receipt of Closing Documents from Developer, County shall notify Developer of any changes, corrections, or additional curative instruments required. Developer shall have 30 days from the date of notice from County to resubmit the revised, corrected and/or additional curative instruments. Upon their approval by the Office of the County Attorney, the Closing Documents shall be returned to Developer so that the Closing Documents may be recorded in the public records. The closing shall occur prior to the issuance of Developer's Certificate of Occupancy. 2.b. Developer agrees to place an unobstructed County traffic sign as an advance notice of the Magnolia Pond Signal approximately 100 feet south of the intersection of Noah's Way and Collier Boulevard, at its sole cost and expense, prior to issuance of Developer's Certificate of Occupancy. Both parties mutually agree to these changes. All other Sections of the agreement remain the same. FISCAL IMPACT: Since the Collier Boulevard Mixed Use Commerce Center PUD is likely to be constructed at the same time as the Collier Boulevard widening project, the construction of the turn lane will be done by the County with the widening project but paid for by the Developer. An engineer's estimate of the probable cost of the turn lane is $153,209.70. The developer contribution will be deposited into the Growth Management Transportation Capital Fund (3081), Project# 68056. The costs associated with the Second Amendment to the Developer Agreement shall be born by the developer. GROWTH MANAGEMENT: This amendment is consistent with the County's Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. --SAA RECOMMENDATION: To approve the attached Second Amendment to Developer Agreement and authorize the Chairman to execute the Second Amendment on behalf of the Board. Prepared by: Lorraine Lantz, AICP, Transportation Planning Manager; Capital Project Planning, Impact Fees and Program Management ATTACHMENT(S) 1.2nd Amendment to DA (PDF) 2. 1 st Amendment to DA (PDF) 3. [Linked] Developer Agreement (PDF) Packet Pg. 540 16.B.1 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.1 Doe ID: 25655 Item Summary: Recommendation to approve and execute a Second Amendment to Developer Agreement with Victoria Estates, Ltd., Magpond, LLC, and I-75 Associates, LLC (collectively referred to as "Developer"), in order to coordinate the Developer's project with the design and construction of the Collier Boulevard widening project. (Companion to items 17A & 17B) Meeting Date: 06/13/2023 Prepared by: Title: Project Manager — Capital Project Planning, Impact Fees, and Program Management Name: Lorraine Lantz 05/25/2023 3:18 PM Submitted by: Title: Division Director - Capital Proi Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 05/25/2023 3:18 PM Approved By: Review: Transportation Management Operations Support Tara Castillo Growth Management and Community Development Department Gene Shue Growth Management and Community Development Department Danielle Bates Department Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Transportation Engineering Marlene Messam Additional Reviewer Transportation Engineering Jay Ahmad Additional Reviewer County Attorney's Office Geoffrey Willig Level 2 Attorney Review Transportation Management Services Department Trinity Scott Office of Management and Budget County Attorney's Office Office of Management and Budget Community & Human Services County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Maggie Lopez Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Additional Reviewer Completed 05/26/2023 9:33 AM Additional Reviewer Completed 05/26/2023 10:21 AM Transportation Management Services Completed 05/26/2023 12:40 PM Additional Reviewer Completed 05/31/2023 4:12 PM Completed 06/05/2023 10:04 AM Completed 06/05/2023 10:16 AM Skipped 06/05/2023 9:07 AM Transportation Completed 06/06/2023 10:10 AM Completed 06/06/2023 10:26 AM Completed 06/06/2023 11:10 AM Completed 06/06/2023 12:58 PM Completed 06/06/2023 1:25 PM Completed 06/07/2023 1:07 PM 06/13/2023 9:00 AM Packet Pg. 541 16.B.1.a SECOND AMENDMENT TO DEVELOPER AGREEMENT THIS AMENDMENT (hereinafter referred to as the "Amendment") is made and entered into this of , 2023 (the "Effective Date"), by and among VICTORIA ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited liability company (as itself and as successor by merger to MAGPOND-A, LLC, MAGPOND-B, LLC, NEW MAGPOND, LLC, and NEW MAGPOND-A, LLC) (hereinafter collectively referred to as "Victoria"), and I-75 ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as "Associates") ("Victoria" and "Associates" hereinafter collectively referred to as "Developer"), with an address at 7978 Cooper Creek Boulevard, University Park, FL 34201, and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County") each individually referred to as the "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, the parties entered into a Developer Agreement dated July 22, 2008 (hereinafter referred to as the "Agreement"), a copy of which is recorded at OR 4381, Page 1 116 in the Collier County Records; and WHEREAS, the parties entered into the First Amendment to Developer Agreement dated March 9, 2010, a copy of which is recorded at OR 4546, Page 1962 in the Collier County Records; and WHEREAS, in 2021, Magpond-A, LLC, Magpond B, LLC, New Magpond, LLC, and New Magpond-A, LLC, merged and are now known as Magpond, LLC, which entity was also independently a party to the Agreement; and WHEREAS, the County is designing the Collier Boulevard six -lane widening project ("County Project"). Simultaneously, the Developer is pursuing development of their property; and WHEREAS, the County and the Developer agree the development requires additional road right-of-way for the Developer's right turn lane from south bound Collier Boulevard onto Noah's Way; and WHEREAS, the County Project will include the design and construction of the right turn lane and traffic signal to handle Developer's traffic impacts; and WHEREAS, the Developer shall convey to the County, at no expense to the County, the necessary right -of. --way, and $153,209.70 dollars as the cost for the County to construct the necessary right turn lane for the Developer in conjunction with the Collier Boulevard widening project; and WHEREAS, the Collier County Board of County Commissioners hereby finds that this amendment is in the best interest of the County, Packet Pg. 542 16.B.1.a 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 of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Agreement shall be and hereby is revised by adding new paragraphs 2.a, and 2.b., as follows: 2.a. Within 30 da s from Board approval of this Agreement, at Coun 's re uesk and notwithstandin ara a h 17 Developer shall convey to the Coun1y in fee simple the right-of-way legally described and graphically depicted in Exhibit G 1 and a slope easement legally described and graphically depicted in Exhibit_C-2 at no cost to the County, in order to construct a right turn lane from Collier Boulevard onto Noah's Way, as identified in Exhibit A. Concurrent with this cone arance, Developer shall also make payment to the County in the amount of $153,209.70 for the estimated actual cost for the County to construct the necessary right turn lane for the Developer in conjunction with the Collier Boulevard widening project. Following, completion of the construction, the County will do a reconciliation of the project costs. If the project costs are less than 153 209.70 then the County will reimburse the Developer for the difference. If the Rroject costs are in excess of 153 209.70 then the Developer shall reimburse the Coun1y for the difference. In either event a ent will be made within 30 da s from the date the Coun forwards Developer the written reconciliation of the ro'ect costs. The Developer shall have 10 business days to dispute the reconciliation. If disputed, the 30-day time frame shall be tolled and the parties will have 10 business days to resolve the dispute. Should the dispute not be resolved within such time frame, which may be extended by mutual consent of the parties, the matter will be heard by the Board of County Commissioners for final decision. The Board may refer the matter to either the Special Magistrate or an arbitrator who is agreeable to both parties for final decision, which decision may not be further appealed. Should the matter be referred, the losing party shall bear all of the costs of the hearing_ At the time of cony" ance the Developer shall provide the Couny with a Warran Deed substantially in the form of Exhibit "B-1" and a Slope Easement substantially in the form of Exhibit "B-2." All conyeyances shall be free and clear of all liens and encumbrances. Developer shall provide to the Counly an updated title opinion, evidence of authority to execute real estate conveyance documents on their behalf. -and instruments required to remove, release or subordinate any and all liens, exceptions. and/or qualifications affecting the Coun 's enioyMent of the roe . Developer shall be responsible for all costs related to the removal release or subordination to Coun of any liens and/or encumbrances, and for all costs related to curing any deficiencies revealed in any title work. Within 30 days of receipt of Closing Documents from c a� E a� a� a� a (D a 0 a� (D 0 0 a� E a� E a N LO LO to LO a 0 0 r r- a) E c a) E r- N c a� E a Packet Pg. 543 16.B.1.a Developer, County shall notify Developer of any ages -corrections, or additional curative instruments required, Developer shall have 30 days from the date of notice from County to resubmit the revised, corrected and/or additional curative instruments. Upon their approval by the Office of the Couia Attorney, the Closing Documents shall be returned to Developer so that the Closinjz Documents may be recorded in the Public records. The closing shall occur prior to the issuance of Develo er's Certificate of Occupancy. 2.b. Develo er aiucgsto 121ace an unobstructed CouM traffic sign as an advance notice of the Magnolia Pond Signal approximately 100 feet south of the intersection of Noah's Way and Collier Boulevard at its sole cost and expense, rior to issuance of Developer's Certificate of occupancy. 3. Developer shall execute this Amendment prior to it being submitted for approval by the Board of County Commissioners. This Amendment shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County enters into the Amendment. Developer shall pay all costs of recording this Amendment. 4. Except to the extent specifically modified in this Amendment, all of the terms of the Agreement shall remain in full force and effect and are hereby ratified by the parties hereto. Any capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement. S. This Amendment shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 6. The burdens of this Amendment shall be binding upon, and the benefits of this Amendment shall inure to, all successors in interest to the parties to this Agreement. 7. Developer acknowledges that the failure of this Amendment 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. 8. In the event state or federal laws are enacted after the execution of this Amendment, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Amendment, then in such event this Amendment shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Amendment. 9. Except as expressly provided herein, the Agreement remains in full force and effect according to the terms and conditions contained therein. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. 10. In the event of a dispute under this Amendment, the parties shall first use the County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Amendment, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. Packet Pg. 544 16.B.1.a SIGNATURE PAGES TO FOLLOW 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: ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA 12 , Clerk Approved as to form and legality. Sally A. Ashkar Assistant County Attorney Rick LoCastro, Chairman Packet Pg. 5 57 16.B.1.a AS TO DEVELOPER: VICTORIA ESTATE, LTD., a Florida limited partnership// Signed, sealed and delivered By: in t o presence of Title: -Manager Signature Erin Shayota Printe Name Signature Teresa Sage Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me my means of rjlphysical presence or ❑ onli a� noarization, this 2� day of �T h � 2023, by Re Ch • J (4-11'DY7e- , as kit R h utl -e-r of VICTORIA ESTATES, LTD., a Fl rida limited partnership, who is a( personally known to me or ❑ has produced as identification, Notary Public My Commission Expires: ,,� A BHERYL LEA OWE 11 a° �n MY COMMISSION #HH033598 EXPIRES: SEP 24, 2024 a^d� Bonded through 1st State Insurance Packet Pg. 546 16.B.1.a AS TO DEVELOPER: Signed, sealed and delivered in th presence of: Signature Erin Shayota Printed Name Signature Teresa Sage Printed Name STATE OF FLORIDA COUNTY OF COLLIER MAGPOND, LLC, a Florida limited liability company {as itself and as successor by merger to MAGPOND-A, LLC, MAGPOND-B, LLC, NEW MAGPOND, LLC, a,4 NEW MAGPOND-A, LLCjy By: ` Name: h ro of. ject.-I(briC Title: manager The foregoing instrument was acknowled�, e�d before me my n ans of gVphysical presence o onie ilte not rization, this 101 day of J-y) -t. 2023, by t t- C {r i • .Sl a 11 Doi f-, as 1. Y/ lk ho tj -e- /' of MAGPOND, LLC, a Florida limited liability company, who is y pe onally known to me or ❑ has produced as identification. Notary Pu lic My Commission Expires: ozvi,�,v CHERYL LEA OWEN ,," CDMMtSSION �FHH033598 EXPIRES: SEP 24. 2024 Bonded through 1st State Insurance Packet Pg. 547 16.B.1.a AS TO DEVELOPER: I-75 ASSOCIATESLC, a Florida limited liability co pany Signed, sealed and delivered By: in the presence of Name: T hh �� AO" — Title: an ger Signature Erin Shayota Printe ame Z: Signature Teresa Sage_ Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowled ed before me my mans of 0 physical presence o a onli}�e not rization, this V-k day of j U. rn -t- 2023, by J�- 6-ev) i • 1( i ►-je , as W d h (L -e-►r of I-75 ASSOCIATIES, LLC, a Florida limited liability company, who is rVpersonally known to me or o has produced as identification. IJ , n Ac-,y 00- -- Notary Public My Commission Expires: u*Y fo CHERYL LEA OWEN r° MY COMMIS SION #HH033598 EXPIRES, SEP 24, 2024 Bonded through tst Slate Insurance Packet Pg. 548 16.B.1.a ExNbft. E Prepared by and return to; Collie!Coonty Transportation Englneering -- ROW 2985:Homphoe Drive S Maples. Florida 34104 PROJECT: [spaceabgyeK9rdecording data], PARCEL: POLIO: WARRANTY DEW THIS WARRANTY DEED is made, this` day of , 2D , bx '[insert grantor(s) name(s), in,caps Arid bdld follaWbd by'Y�ailt,47 stAtusIh lower �a$e.non-6otdj, whose mailing Address, is linse'tl'.millit'Ig address] fgolleotive9y (delete if not..appilt;al fie], "Grantor', to COL UER COUNTY,'a PohttcaI,%ubdlvlsion`of the State df}I=loritte, whote:mallifig address is 3299 Tamiarrli Trail ,East, c/Qtho O'ffidelof l(jJb.GoU ty Atttgmey, Suite-80 ,,Naples, Et_ .34112 ("Grantee"). (wherever used herein.the-terms "Grsbtor" end `'Grent2,e" incidde zIt;ihA,,partles.to this•instrurnent and'their respective heirs, tdoatreli''rhsenialives,vduocessors, andassignq. GrantorVnd Grey tea,are usectlor-bingularor'plarel, as -the context rec[Orese) WIT-NESSETH, That°Gratitor,'for dnd irk con51d2ration pflbe• sum pf Ten Dollars ($10.00) and other valuable consideratlQ0, the- reaelpt and sufficlency of whidh is :hereby acknowledged, hereby conveys to Grantees tho'following Bescribed land. sitdafe ift Cblller C:ouf'ity, Florida; See. Exhibit'q' attached hereto. [or, insert.legal description] Being [choose one] all ! ,a ppglon- of the propedV cdnveyed. to Grantor by Deed recorded in Official Record Book._____, ,Page of #ha Public Records of Collier County, Florida. TO HAVE AND70 ]-MID the sdmei togetherwith all`tht~.,_terrements, tlereditafneots, and apputtenances,the retoj)elong! ng.or,,h jn� , ls�e.ap,pertai�ingjnee.simple,forever. Grantor hereby covenants and WagXgtp1hVGrarttor it lawfully seized Qf•said,prQperty ifs fee simple; th2lt Grarai r has-gppd i91?, and layvfLjl autllorlty to. aell and convey the property; that Grantor hereby4uily warrantvAhe;title-fb tha propertyand,vv]ll desfen4the same against the lawful claims of all persons whomsoever; find that th't�#&Petly is'free.nf'dllendOmnbiaricba except for easements, dovdriantb, acid t6Atddtiotfs; Of fet 6rd ah$ the 'lion of deal estato, taxpa and assessments not yet dueaand ptayable. Grantor represents-that'Grantbr's property [choose ond] is hotpestead -property [or] is not homestead-property,-n6rjs it•trontiguous`fhdreto. This property [choose one] is /,is not being acquired by Collier -Couhty pursuant to a petition In eminent doftfoitr and [+rhodse dne] is / Is not,ty, 16"et th the testridtions imposed by Section 73.913,, Florida Sta'lutb's., [choose 113s" if a pondemttation suit;has been filed] P� Packet Pg. 549 This property is being acquired under thp. threat of condernnation ,and is gxempt from documpbjx ry stAmp tax.1d4leta If tfoita taoltd] ImproveYnert-prnjer-t) [ signpture-Oagq f9UoWs 2 GAS Packet Pg. 550 16.B.1.a IN WITNESS WHEREOF, Grin#or ha�`excutpd tJ is instrument on the day ang Yoar fii•8t above written. Witnesses: Signature (witness 1) Printed Neme, Signature (Witntss-2) Panted Name STATE OF FLORIDA, COUNTY OF Cngme otgrentor, aaPW not pb(da 1hame of=,yrantot, bhos ndtpbld7 The foregoing instrunid6t wap pp�ji wtedoed before rhb ISy rpeaps of ❑ ply icgl presence or ❑ ogliti� noierizatipn thi .day, bf 20` by iinsert� 'rantor(s) riiame(e) fn caps and bold #ol[o*po by rr'ori(ai �ta�ua fh owet case rtdri-bold], Wilo: is hire jchoobb onb] PLsMoriglly known tome; OR produced ❑ a driver's•licen'te, OR ❑ as`ldehliflcation. Si4nature of Ngtary Pleb ic. Printed Name Serial 1 Lbmmissian # (If any): (affix notarial seal ab�ge) My Gommii;8166 E; pines: Approved as to form and legality: Packet Pg. 551 16.B.1.a PROJECT; PARCEL: FOJC1o: SLOPE E. &SEMENT THIS EASEMENT,. mode and entered into, this day of 20 , by,, wfinsO mailing gdIrbso is , (herdih-Ifter rgfef(ed to as "Grantor"j to COLDER CI b-UN1*t-, a political subdivision of the Mate t i Florida, whose mailing oddr06s is 1290 Tw a iii Trail. East, d10 the Office of the CbUnty Attorney, Suite•800, Wows, rwSido 841 f2 faerelhaftot f,Qfdrrd to ss "Graritee"). (Whereyer used herejA the terms."GrEintor" arld "Gragtee" include ell the parties to this Instrument and their respective. 6i'mi `lbgal representatives, successors and asW ns. Oranfororld Gfa tee are'gstro fpr si(igpjU't pr PjUtal, as the dontekt rgkOjres.) WITNESS -ETH: Grantor, for and in consideration di` TEN DOLLARS (W.00) and other valuable consideration paid by the Crsnteb, the rea�ipt .and •sAciency Af which is hdrehy acknpWiedged, hdreby convey t, graoftbaiA4. is ehd sells unto the Grontee, a perpetual, nonrexclusive stove easement for the. purpQse of construction and maintenance of 'an oib4hen fill slip ;boor, Vndpr, �pt�ri 'artd acrost the following described lands located rr Colliet.Gotnt horida, to arvit: See. attAftsd:Exhibit" k which is lncorporated ,herein by reference. Subject to easements., restrictions, and reservations of record. TH($ HOMESTEA I) PROPERTY TO HAVE ACID TO POL13 the s; 'md unto the Grantee, togetjier with the right.40 enter upon said land and to place .arid/or excavate rnaterials 'for thb puroase of constructing and maintaining dh earthen fill Sl0Pe there n. All ptadr 4s� of the easement area are resorved' unto. i6e Grantor including, but ,not limitird to, Attie -fi htio construct or instail over, wn.Obr- aN upon the fill s1600 any -6nd all tridnner of improvements and/or stroctufds otherwise patm ftod under Collier 6ounty's 'Land Development Code. This ease menVinclu4esfthe right to tetnove and re-pse ah} ago all excavated material Within •thd easOrnedt, area. The easement granted horbin 9ha)I constitute,easements running with'the land and shall burden the°lands described above. — COPIE) Packet Pg. 552 16.B.1.a JN WITNESS WHEREOF, the Grantor has .,caused Ahose presents to be executod Vie date and year first abpve written, WITNESSES: (Signature) (Print Name) ` (SigiWure)- (Print Name) STATE OF _ COUNTY ©F The foregoing Slope Easemerif was acknowlWged befare MLL by means of ❑ phy,qical presence or online n0ta`�i2atigh tlljs ---^ day .of , 20 , by "hcp is personally known td•(pp OR produced as proof of i0entity. (affix notarial seal) Approved as -to form and legality: Assistant County Atlprney Last Revised; p6/23/15 (510nafure•of•Notary Publjd) '(Print Name of Notary.Public) Serial / Commission # (if any): My Commission Expires: c Packet Pg. 553 SKETCH OF DESCRIPTION SHEET 1 OF 2 A PORTION OF SECTION 34 TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (SKETCH IS NOT A SURVEY) LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34 RUN S87052'26"W, ALONG THE NORTH LINE OF SAID SECTION 34, FOR 100,04 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF COLLIER BOULEVARD (200' PUBLIC RIGHT-OF-WAY) AND THE POINT OF BEGINNING, THENCE CONTINUE S 87052'26" W, ALONG SAID NORTH LINE A DISTANCE OF 23.33'; THENCE S 00028'38" E A DISTANCE OF 335.86'; THENCE S 44153'31" W A DISTANCE OF 21.08'; THENCE S 00128'38" E A DISTANCE OF 136.37'; THENCE S 45028'38" E A DISTANCE OF 54.33' TO SAID WESTERLY RIGHT OF WAY LINE; THENCE N 00029'15" W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 526.12' TO THE POINT OF BEGINNING; HAVING AN AREA OF 14283 SQUARE FEET, 0.328 ACRES SKETCH IS NOT A SURVEY j WATER RESOURCE ASSOCIATES. LLC 7978 Cooper Creek Blvd. University Park, Florida 34201 j Phone: 941.275.9721 Fax: 941.275.9729 www,wroengineedng.corn LB 8274 DigHaT1ysigned by Ruben S Flanary Robert S Flanary dnoualifierDN`-u5e,=A01,Ida, =0141000000017A6351643F000033 03, m=Robes S Flanary D a t e: 202 3.0 b.01 14:21:30 -"00' ROBERTS. FLANARY, P.S.M. DATE Florida Surveyor's Registration No. 5677 Survey mop and report or the copies thereof are not valid without the signature and original raised seal of a Florida licensed surveyor and mapper, except those with electronic signature and electronic seal. additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. SURVEYORS NOTES: 1, BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 34, AS BEING NORTH 06"23'33" WEST. LEGEND: PIN = PARCEL IDENTIFICATION P.O.B.= POINT OF BEGINNING P.O.C.= POINT OF COMMENCEMENT REVISION DATE: Packet Pg. 554 16.B.1.a SKETCH OF DESCRIPTION SHEET 1 OF 2 A PORTION OF SECTION 34 TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (SKETCH IS NOT A SURVEY) GOLDEN GATE CANAL P,O,C, (100' RIGHT OF WAY) N.E. CORNER OF ( PLAT BOOK S, PAGE 147) SECTION 34 1_2 — Ll 27 26 _—--------------%— 34 I35 NORTH L_INF OF /' I SECTION 34 14283 SF / 0.328 ACRES , o W , o p I / w / o >la /' Lu Ln 40 OIL / C°I� / Im /' "' Lu / O 0 I� / U I 0 100 200 ' I <s I SURVEYORS NOTES: l 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 34, AS BEING NORTH 06023'33" WEST. LEGEND: PIN = PARCEL IDENTIFICATION P,O.B.= POINT OF BEGINNING I P,O.C.= POINT OF COMMENCEMENT I I I � SKETCH IS NOT A SURVEY WATER RESOURCE ASSOCIATES. LLC RIGHT OF WAY DONATION --FEE 7978 Cooper Creek Blvd. University Park, Florida 34201 U-1www.wraen DRAWN RSF DATE: 5/19/23 SCALE: 1"=100' Phone; 941,275,9721 Fax: 941.275.9729 ineerin .com LB 8274 9 9 CHECKED RSF DATE: 5/19/23 JOB NUMBER S1855 LINE BEARING DISTANCE L1 S 87°52'26' W 100,04' L2 S 87°52'26' W 23,33' L3 S 44°53'31' W 21.D8' L4 S 00°28'38` E 136,37' LS S 45°28'38' E 54.33' Packet Pg. 555 16.B.1.a SKETCH OF DESCRIPTION SHEET 1 OF 2 A PORTION OF SECTION 34 TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (SKETCH IS NOT A SURVEY) LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34 RUN S87052'26"W, ALONG THE NORTH LINE OF SAID SECTION 34, FOR 123.37' TO THE POINT OF BEGINNING; THENCE CONTINUES 87052'26" W, ALONG SAID NORTH LINE, A DISTANCE OF 20.01'; THENCE S 00028'38" E A DISTANCE OF 350.09'; THENCE N 89031'22" E A DISTANCE OF 5.00% THENCE N 44153'31" E A DISTANCE OF 21,08'; THENCE N 00028'38" W A DISTANCE OF 335.86' TO THE POINT OF BEGINNING; HAVING AN AREA OF 6897 SQUARE FEET, 0.158 ACRES SKETCH IS NOT A SURVEY f WATER RESOURCE ASSOCIATES. LLC 7978 Cooper Creek Blvd. University Pork, Florida 34201 Phone: 941.275.9721 Fox: 941.275.9729 www.wroeogineering.corn LB 8274 Robert S Ng4 aly O: edb,RO nSF4—y a r.ZUs,o-nardn. dnQu,I& -A01410D0000042AOS F l a n a r ,643F00o0a368, C—Ao6e"5 Y Fl—ry Da I e: 20210602 090326 -M W ROBERT S. FLANARY, P.S.M. DATE Florida Surveyors Registration No. 5677 Survey mop and report or the copies signature and original raised seal of mapper, except those with electronic additions or deletions to survey map signing party or parties is prohibited signing party or parties. s thereof are not valid without the a Florida licensed surveyor and signature and electronic seal. or reports by other than the without written consent of the REVISION DATE: 6/1/23 REVISION DATE: 6/2/23 SURVEYORS NOTES: 1, BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 34, AS BEING NORTH 06023'33" WEST, LEGEND: PIN = PARCEL IDENTIFICATION P.O.B.= POINT OF BEGINNING P.O.C.= POINT OF COMMENCEMENT Packet Pg. 556 SKETCH OF DESCRIPTION A PORTION OF SECTION 34 TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (SKETCH IS NOT A SURVEY) GOLDEN GATE CANAL (100' RIGHT OF WAY) ( PLAT BOOK 5, PAGE 147) L2 / NORTH LINE OF� / SECTION 34 / / CJ O � 170 CO / co / SF 8 ACRES W / r cn oco CE / / L3� 897 6 0.15 LINE BEARING DISTAN L1 S 87"52'26' W 123.37' L2 S 87'52'26' W 20.01' L3 N 89'31'22' E 5.00' L4 N 44°53'31' E 21.08' SURVEYORS NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 34, AS BEING NORTH 06*23'33" WEST. LEGEND: PIN = PARCEL IDENTIFICATION P.O.B.= POINT OF BEGINNING P.O.C.= POINT Of COMMENCEMENT SKETCH IS NOT A SURVEY WATER RESOURCE ASSOCIATES. LLC 7978 Cooper Creek Blvd. University Park, Florida 34201 Phone: 941.275.9721 Fax: 941.275.9729 www.wraengineering.com LB 8274 I I i P.O.C. i N.E. CORNER OF SECTION 34 O.g. L1 27 _ _ 26 ---I 34 135 I � I z l I O I W O pl w I jla Io JLu Lu 0w 0 i m a� I U Lu Jim .� to (DIN UI SHEET 1 OF 2 16.B.1.a �1 Packet Pg. 557 INSTR 4406275 OR 4546 PG 1962 RECORDED 3/16/2010 4:20 PM PAGES 22 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 16.B.1.b REC $188.50 INDx $5.00 First Amendment to DEVELOPER AGREEMENT THIS`�ZS�T AMENDMENT TO DEVELOPER AGREEMENT (hereinafter referred to as the "Amendmnent"l)-i 'ade and entered into this day of of 2010, by and between VICTORIA E ATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited liability c'onpany, MAGPOND—A, LLC, a Florida limited liability company, MAGPOND—B, LLC, a Florda limited liability company, NEW MAGPOND, LLC, a Florida limited liability company and NEW MAGPOND—A, LLC, a Florida limited liability company (hereinafter collectively referred/to as "Victoria" and sometimes referred to as "Developer"), with an address at 8441 Coopef Creek Boulevard, University Park, FL 34201, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). F T'k Vf'TTAT 0. WHEREAS, Victoria is the owner of "lapproximately 25.83+1- acres of commercially a zoned land in unincorporated Collier Court,t F' oNa (the ``Developer Parcel") which is a portion N of the Collier Boulevard Mixed -Use Coml ercpCenter PUD, Ordinance No. 01-10 (referred to as the "South PUD"); and., " LO .` LO WHEREAS, Section 8.5.5 of the SouthUD•.prc vides that the "proposed stormwater Z. management system for the project shall provide for sik ane condition of Collier Boulevard o runoff' (the "Collier Boulevard Stormwater Requirement'.'),: aid o c WHEREAS, on or about July 22, 2008, County,�Vicri ` and the owner of the adjacent E PUD, I-75 Associates, LLC, entered into a Developer Agrc ent which .vas recorded on July 25, 2008 in ORB 4381, Page 1116 of the Public Records of Collier County, Florida (the Q "Agreement"); and r ems- N WHEREAS, pursuant to Paragraph 2 of the Agreement, De4lopgr has granted certain w easements to County, including that certain Drainage Easement recordid,�)ecember 16, 2008, in d ORB 4413, Page 3877 of the Public Records of Collier County, Florida, as)corrected by that certain Corrective Drainage Easement recorded July 15, 2009 in ORB 447 , Ege 2065 of the Public Records of Collier County, Florida (the "Drainage Easement") over certa%n portions of a Developer's property designated for stormwater retention (the "Drainage Easement Area"); and WHEREAS, MAGNOLIA POND ROAD DEVELOPMENT COMPANY, LLC ("Magnolia"), which also owns a portion of the South PUD (the "Magnolia Parcel"), has granted certain easements to County, including that certain Drainage Easement recorded July 6, 2009, in ORB 4469, Page 54 of the Public Records of Collier County, Florida (the "Outfall Easement"), over and across the north twenty (20) feet of Magnolia's Parcel (the "Outfall Easement Area"), extending from the Drainage Easement Area, west to the County drainage ditch 9MGG-15; and Page 1 of 13 Packet Pg. 558 OR 4546 PG 1963 16.B.1.b WHEREAS, Paragraph 13 of the Agreement provides, inter alia, Victoria shall accept its proportionate share of the stornni,ater runoff from the western four lanes of the modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes of Collier Boulevard (CR-951) between ~rest bound entrance ramp to 1-75 and the Golden Gate canal, not to exceed 6.6 acres of right-of-way (the "Nest Right-of-ff'ay') (The "Drainage WHEREAS -`'County has requested that the Drainage Requirement be increased to accommodate the C6unt Y��s present design for the modified six (6) lane condition with additional northbound and southb und.,drop lanes totaling eight (8) lanes of Collier Boulevard (CR-951) between west bound entrance�ramp to I-75 and the Golden Gate canal; and WHEREAS, County has quested that the Drainage Easement be modified to add the Florida Department of Transpar tion ("FDOT ') as a co -grantee with the County; and WHEREAS, the TransportationAdministrator has recommended to the Board of County Commissioners that the terms and copd�ions set forth in this Amendment (hereinafter referred to as the "Revised Proposed Plan") is`itfcor formity with contemplated improvements and additions to the County's transportation network;,,and WHEREAS, after reasoned consideatn ,by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Revised Proposed Plas 'fin conformity with the contemplated LO improvements and additions to the County' transportation system; a b. Such Revised Proposed Plan, viewed in" cefnjun tion with other existing or proposed o plans, including those from other developers;wi1I'not adversely impact the cash flow ° or liquidity of the County's road impact fee truttedounts in such a way as to frustrate or interfere with other planned or ongoing gro,%irth-noicessitated capital improvements E and additions to the County's transportation system; and E -'� c. The Revised Proposed Plan is consistent with both the wp t e interest and with the a r comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation, °sys*M,. the Long Range CD Transportation Plan and complies with the requirements neth Collier County E Consolidated Impact Fee Ordinance.--� t, w 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: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 2 of 13 Packet Pg. 559 OR 4546 PG 1964 16.B.1.b 2. Paragraph 13 of the Agreement shall be and hereby is revised such that maximum capacity of stormwater drainage from the West Right -of -Way shall be increased from 6.6 acres of right-of-way to 7.1 acres of right-of-way. 3. Developer shall, within thirty (30) days following the date of this Amendment, execute a replacement drainage easement in substantially the form attached hereto as Exhibit "A," to supers e `` nd replace the Drainage Easement, which replacement easement shall provide;f�d be limited to the increased capacity agreed to in Paragraph 2 above, and shall add'FDbT_ Grantee, together with the County. 4. In consideration `0eveloper's acceptance of the additional drainage capacity as Q provided in Paragraph 2 above, County hereby covenants and agrees that the County a shall, at County's .sole cst and expense, design, permit and install the outfall drainage pipe within the Outfallsement Area, as depicted in Exhibit "B". The outfall drainage I pipe shall be sized to° a ommodate the outfall for stormwater run-off from the maximum development approved uttd the South PUD for the Developer Parcel and the Magnolia ° Parcel as well as the increa d *cst Right -of -Way stormwater as provided in Paragraph 2 above. 5. Except to the extent specifically bd4jed in this Amendment, all of the terms of the Toce E Agreement shall remain in full .and effect and are hereby ratified by the parties hereto. Any capitalized terms usedAherd ijn,:apt not defined herein shall have the meaning CM ascribed to them in the Agreement. LO LO 6. This Amendment shall not be construed ,or oaracterized as a development agreement LO under the Florida Local Government Developme Agreement Act. Q o 7. The burdens of this Amendment shall be binding upon, and the benefits of this w Amendment shall inure to, all successors in interest tihe parties to this Agreement. 8. Developer acknowledges that the failure of this Amendment to address any permit, condition, term or restriction shall not relieve either, t- a plicant or owner, or its E successors or assigns, of the necessity of complying wrth warf3 aw, ordinance, rule or N regulation governing said permitting requirements, conditionsel_Enn� or restrictions. r 9. In the event state or federal laws are enacted after the executionf this Amendment, I d E which are applicable to and preclude in whole or in part the parties', pliance with the terms of this Amendment, then in such event this Amendment shall1be modified or a revoked as is necessary to comply with such laws, in a manner which —'Best reflects the intent of this Amendment. 10. Developer shall execute this Amendment prior to it being submitted for approval by the Board of County Commissioners. This Amendment shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Amendment. County shall pay all costs of recording this Amendment. The County shall provide a copy of the recorded document to the Developer upon request. Page 3 of 13 Packet Pg. 560 1 OR 4546 PG 1965 16.B.1.b 11. In the event of a dispute under this Amendment, the parties shall first use the County's then —current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Amendment, said remedy being cumulative with any<nnd all other remedies available to the parties for the enforcement of the IN WT`I WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriat'4 offi als, as of the date first above written. ATTEST: _-.-, :. i �,, '° BOARD OF COUNTY COMMISSIONERS DWIGH`F E. BROCK1- Icrk COLLIER COUNTY, FLORIDA By . By: �1�tst ems, ��_C>hi leek �� FRED W. COYLE, CHAIR AN �ipat�fr'',11 iNr U REMAINING SIGNATURE PAGES'"TO Page 4 of 13 w C 0 d L 0_ 0 a� 0 c a� E E a N LO Ln W Ln N a 0 0 r r C 0 E c d E a 0) N r C d E t V M 1 Packet Pg. 561 OR 4546 PG 1966 16.B.1.b SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT WITNESSES VICTORIA ESTATES, LTD., a Florida a limited partnership, By: BENDERSON-VICTORIA, LC, a Florida Witness Name. ` AI © P limited liability company, p Its: General Partner Witness Name: By: David H. Baldauf Its: Manager yy t STATE OF N C b� L `: _ ) ss. COUNTY OF The fore oing instrument was acknowledge f�'v) ri 1r , 2010 by David H. Balch a Florida limited iability company, General Partner of V limited partnership, on behalf of said limited partnership, has produced as identification. 2010. fore me this day of finger of Benderson-Victoria, LC, eIA ESTATES LTD., a Florida is personally-2 known to me or WITNESS my hand and official seal this c NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL SHERRY A. KEKLAK Netary Public, Stare of New York Registraticr, No. OIKE6018498 Qsal Pied M Ne CPU 'fj My Commission Ex;.ires January 11, 20 Notary Public Printed Name Commission No. Page 5 of 13 Expiration Date w c d E d a� Q a� 0. 0 d d 0 d E c d E Q N In Ln w Ln Q 0 0 c d c a) E 0 C a) E s 0 M r Q Packet Pg. 562 1 OR 4546 PG 1967 16.B.1.b WITNESSES: Witness Name: SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT MAGPOND, LLC, U11, J14 a Florida limited liability company Z � a B wl�4� 1 y: David H. Baldauf, Manager STATE OF SS: COUNTY OF The foregoing instrument was acknowledged by David H. Baldauf as Manager of MAGPOND, LL behalf of the company, who is ( -/- ) personally as evidence of identification. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL SHERRY A.KEKLAK Notary Pudic, State of New York Registration 1l1. 01KEE018499 Qualified in Erie County �' my Commission Expires January II, 201 0 this j� day of . pi , 2010, da limited liability comp y, on a me or ( ) has produced �11 G t rl -ul ) Notary Pulc ` Printed Name Commission No. Expiration Date Page 6 of 13 r c as E d a� L Q a� 0. 0 d d 0 0 c d E c d E Q c N W Ln W Ln Q 0 c as E c E a 0 E s 0 c r Q Packet Pg. 563 1 OR 4546 PG 1968 16.B.1.b SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT WITNESSES - - i MAGPOND—A, LLC, a Florida limited liability company Witness Name: � , " By: U L�4� Yl 1 �, l l ° 7 David H. Baldauf, anager Witness Name: ( 1: ,`CI t =. STATE OF NroJL( ss: , COUNTY OF The foregoing instrument was acknowl o by David H. Baldauf as Manager of MAGPOND=A, I behalf of the company, who is (�O personal.1, as evidence of identification. Notary me, this _�_ day of 6. ' 2010, Florida limited liability company, on vn to me or ( ) has produced NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name SHERRY A. KEKtAK Commission No. Notary Public, State of New York Registration No. O1KE601E498 &1itied in Er'e Courty my Commission Expires 13auary 11, 20 Page 7 of 13 Date E a� I Q d 0_ 0 �I > d 0 0 E M E Q c N LO LO to LO a 0 0 c d E M c d E a N r M Packet Pg. 564 11 OR 4546 PG 1969 16.B.1.b WITNESSES: Witness Name] 1 Witness Name: SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT MAGPOND—B, LLC, 1 , a Florida limited liability company By: i W A4�� David H. Baldauf, Manager STATE OF tb- )4 ) SS: COUNTY OF The foregoing instrument was acknowledged by David H. Baldauf as Manager of MAGPON5--�'B on behalf of the company, who is ( persona as evidence of identification. 4 me, this day of 2010, a Florida limited liability company, wn to me or ( ) has produced 7 0,C) 0; Notary Publi (J .. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name' Commission No. Epz tion Date SHERRY A. KEKLAK Nct3111 Pub:ic, State of New York " Registration No. 01KE60181498 0uaVied in Erie CeL"nty MY Commission Exriras January 11, 20 Page 8 of 13 c d E a� L Q a 0 d 0 c m E c m E Q c N LO LO LO Q ❑ 0 c m E c d E Q .. v, c aD t 0 Q Packet Pg. 565 OR 4546 PG 1970 16.B.1.b WITNESSES. Witness Name< < Witness Name: SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT NEW MAGPOND, LLC, a Florida limited liability company By: W L)� David H. Baldauf, Manager STATE OF ss. COUNTY OF )` The foregoing instrument was acknowledlie by David H. Baldauf as Manager of NEW 1k company, on behalf of the company, who is (/) pe as evidence of identification. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL SHERRY A. KEKIAK Nctary Puh!ic, Strte Cf hew York Registrati,o No. GIKEG0184;8 Ojziitied in Erie County 6"y CC;nmissiOn EXairesJa nary 11, 20J 0 me, this jk day of �, 2010, ), LLC, a Florida limited liability 1>.known to me or ( ) has produced Notary Publ Printed Name"' Commission No. ,,,'-, piration Date Page 9 of 13 w c d E d Q d a 0 a� ❑ 0 c d E c d E c N LO LO to LO Q 0 .r c d E c E Q 0 c d E t 0 m r Q Packet Pg. 566 1 OR 4546 PG 1971 16.B.1.b WITNESSES Witness Name Witness Name: SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPER AGREEMENT k ;NEW MAGPOND—A, LLC, a Florida limited liability company By: {klvDavid H. Baldauf, Manager STATE OF ss: , COUNTY OF�,�__ ) �i The foregoing instrument was acknowledged' by David H. Baldauf as Manager of NEW MAGI company, on behalf of the company, who is pe as evidence of identification. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL SHERYA. KEKLF.K Ltarf Puh'!c, State of Re,v Y.rk fiepistmtier. Pic. 01KE6C18498 G--aiif;ed in Efie Carty 1dy Ccm,missioa Expires h uary 11, 20 Notary me, this LLday of �L, 2010, -A, LLC, a Florida limited liability ,known to me or ( ) has produced Printed Name Commission No. Page 10 of 13 n Date c a� L a iv a 0 m d 0 0 r c a� E M c m E a c N LO LO W LO a 0 0 c d E M c d E a N r a� E s 0 M Packet Pg. 567 1 OR 4546 PG 1972 EXHIBIT A EXHIBIT B SCHEDULE OF EXHIBITS General Form of Replacement Drainage Easement Graphic Rendering of Outfall Page 11 of 13 LO U) to U) 0 C 4) E '0 C 0) E 0 C a) E M 0 I Packet Pg. 568 11 OR 4546 PG 1973 JOINDER: NORTH PUD OWNER: The undersigned on behalf of 1-75 ASSOCIATES, LLC, a Florida limited liability company, as owner of approxinpately 25.29+/- acres of commercially zoned land in unincorporated Collier County, Florida' " j ,,, �fi �e Golden Gate Commerce Park Planned Unit Development, Ordinance No. 00- 15, as ame4dW(referred to as the "North PUD"), and as a party to the Developer Agreement I �, 1-4. 1, which was recorded on J 1 25 2008 in ORB 4381, Page H 16 of the Public Records of Collier County, Florida, here;;� Tom in this First Amendment to Developer Agreement, for purpose of acknowledging its consept't*the Amendment. WITNESSES: 1-75 ASSOCIATES, LLC, e Florida limited liability company , �a -N (kot I Witness Nam By: David,,ff.-,Baldauf Its: Manager -le Witness Name: Page 12 of 13 Ln LO to LO 0 C 0 E E 0) a a) E M U M 2 I Packet Pg. 569 1 OR 4546 PG 1974 16.B.1.b STATE OF �1 &0 �, f p ss: COUNTY OF FJZA ) The' rcgo g instrument was acknowledged before me this day of 2010 by David H. Baldauf, Manager of I-75 Associates, LLC, a Florida limited liiibri it.' ; ompany, on behalf of the company, who is personally known to me or has produced :':_ ,'` as identification. WITNESS ma and and official seal this I_ day of�r�'(((11'� 2010. k Notary Public NOTARY RUBBER STAMP SEA OR EMBOSSED SEAL Printed Name SHERRY A. KEKLAK Notary Public, State of New York Registration No. OIKE6018498 Qualified in Ere County My Commission Expires January 11, 20 Page 13 of 13 sion No. Expiration Date 4 d E d Q d a 0 d 0 0 c d E c d E c N LO to LO N a 0 0 r c m E c m E Q r M T W r_ d E 0 it W Q Packet Pg. 570 1 OR 4546 PG 1975 16.B.1.b EXHIBIT'A' TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 1 OF 8 Project: Collier Boulevard (60092) PARCEL: 112DE (Revised) Folio No.: Portion of 0029812DB08 REPLACEMENT DRAINAGE EASEMENT %THW REPLACEMENT DRAINAGE EASEMENT is being recorded to modify, supersede and feplace that certain Drainage Easement recorded December 16, 2008 in Official iRecorts Book 4413, at Page 3877, Public Records of Collier County, Florida, as corrected-* thax certain Corrective Drainage Easement recorded July 15, 2009 in Official Records .Broom 4472, at Page 2065, Public Records of Collier County, Florida, and is made ''and entered into this day of 2010 by VICTORIA ESTATES, LTD., a. Florida limited partnership, MAGPOND, LLC, a Florida limited liability company,,. MAGPOND—A, LLC, a Florida limited liability company, MAGPOND— B, LLC, a Florida limito liability company, NEW MAGPOND, LLC, a Florida limited liability company and/NEW MAGPOND A, LLC, a Florida limited liability company, whose mailing address is 41 ,Cooper Creek Blvd., University Park, Florida 34201, (hereinafter referred to as Granter."), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing. -address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred toad's "County") and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose `t1`i iling address is Post Office Box 1249, Bartow, Florida 33831-1249 (hereinafter,sreerredito as "FDOT") (County and FDOT shall be referred to collectively as "Grantee'). $>, (Wherever used herein the term'ion $'"Fa" and "Grantee" include all the parties to this instrument and their respectivd heirs egal representatives, successors and assigns. Grantor and Grantee are used fear gtoar pr plural, as the context requires.) WITNESS.F,ri'AH.},'>., Grantor, for and in consideration of TEN DQL�s $10.00) and other valuable consideration paid by the Grantee, the receipt and �ffjci "ncy of which is hereby acknowledged, hereby conveys, grants, bargains and unto the Grantee, a perpetual, non-exclusive drainage easement to enter up" n and to. install and maintain drainage structures and facilities, including but not limited to �Ptchep, swales, earthen berms, rip -rap and retaining wall systems, underground pipes,L an i various types of water control structures over, under, upon and across the falling described lands located in Collier County, Florida, to wit: r See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. - THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon, provided, however, that the rights granted herein are limited to run-off from the proposed six -lane condition of Collier Boulevard, not to exceed 7.1 acres of right-of-way. The Grantee may not utilize this Easement for drainage in excess of 7.1 acres of right-of-way nor for drainage required for any other Collier or FDOT project or improvement, without the prior written consent of Grantor. This easement DOES NOT give Grantee the right to remove and use any excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. r d aEi L Q 0 a 0 d 0 0 0 _ 0 E 0 E Q _ N uO LO W Ln Q 0 m a� E Q c d E t 0 i Packet Pg. 571 1 OR 4546 PG 1976 16.B.1.b EXHIBIT'A' TO FIRST AMENDMENT TO DEVELOPER AGREEMENT - PAGE 2 OF 8 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: VICTORIA ESTATES, LTD. a Florida limited partnership By: Benderson-Victoria, LC, a Florida LLC Its: General Partner David H. Baldauf, Manager t��gnawre/ (Print Name) STATE OF COUNTY OF The foregoing Replacement Dr# a day of 2P 9 Victoria, LC, a Florida limited liabili Ltd., a Florida limited Partnership, wt is personally known to me OR produced identity. (affix notarial seal) WITNESSES: (Signature) nt was acknowledged before me this H. Baldauf, Manager of Benderson- General Partner of Victoria Estates, Public) (Print Name of Notary Public) Serial / Commission # Of any):_ My Commission Exprre(' r MAGPOND,LLC a Florida limited liability comp, David H. Baldauf, Manager proof of r d E d m L Q L t? 0 d m 0 0 a) E a) E Q _ N lr! LO W LO N Q 0 m E a� E Q c d E t 0 2 (Print Name) (Signature) (Print Name) Last Revised: 2/01/07 Packet Pg. 572 OR 4546 PG 1977 16.B.1.b EXHIBIT "A" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT — PAGE 3 OF 8 STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H. Baldauf, Manager of Magpond, LLC, a Florida limited liability company who: j is pqfsonally known to me pruced as proof of l identity fix notarial sea]) WITNESSES: (Signature) (Print Name) (Signature) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: MAGPOND-A, LLC ," ' a Florida limited liability company H. Baldauf, Manager (Print Name) r STATE OF ` COUNTY OF { The foregoing Replacement Drainage Easement was acknowledged befo day of 2010, by David H. Baldauf, M Magpond-A, LLC, a Florida limited liability company who: is personally known to me OR produced as identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: this of proof of c d E d a� Q m a 0 d Q 0 0 c m E c d E Q c N M) LO W LO N Q 0 0 .r c m E c d E Q 0 c m E �a .r Q Last Revised: 2/01/07 Packet Pg. 573 OR 4546 PG 1978 16.B.1.b EXHIBIT'A' TO FIRST AMENDMENT TO DEVELOPER AGREEMENT -PAGE 4 OF 8 WITNESSES: (Signature) STATE OFF COUNTY OF The foregoing Replacemt Dr day of B, LLC, a Florida limited liabilty is personally known to hU OR produced identity. (affix notarial seal) WITNESSES: (Signature) i E (Print Name) (Signature) I (Print Name) I i I I i I Last Revised: 2/01/07 MAGPOND-B, LLC a Florida limited liability company David H. Baldauf, Manager ie Easement was acknowledged before me this 2010, by David H. Baldauf, Manager of Magpond- anv who: proof of (Sign tu, o' ,f Notary Public) (Print Name,;of Notary Public) Serial / Corrfmissi n # (if any): My Commission Expire*� NEW MAGPOND; L a Florida limited liability company David H. Baldauf, Manager :,'`) .r c d E d d as Q L d Q O m m 0 c a� E c a� E Q c N LO Ln to Ln N Q 0 0 c d E c d E Q 0 c d E s 0 m Q Packet Pg. 574 OR 4546 PG 1979 16.B.1.b EXHIBIT'A' TO FIRST AMENDMENT TO DEVELOPER AGREEMENT -PAGE 5 OF 9 STATE OF COUNTY OF The foregoing Replacement Drainage Easement was acknowledged before me this day of , 2010, by David H. Baldauf, Manager of New Magpond, LLC, a Florida limited liability company who: r ipersonally known to me identity. WITNESSES: rix notarial seal) proof of (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: ' NEW MAGPOND A, LLC a Florida limited liability company (Signature) avid H. Baldauf, Manager (Print Name) (Signature) ` (Print Name) - STATE OF --- I COUNTY OF The foregoing Replacement Drainage Easement was acknowledgedbdrore me this day of , 2010, by David H. Baldauf, ManagW of New Magpond A, LLC, a Florida limited liability company who: . is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: c a� E m d L a d a 0 m m 0 r c m E c d E Q c N LO Ln W Ln a 0 0 C d E C E Q 0) N C d z U 0 Last Reviscd: 2/01/07 Packet Pg. 575 OR 4546 PG 1980 16.B.1.b r EXHIBIT "A" TO FIRST A.7-AENDMENT TO DEVELOPER AGREEP:IENT - PAGE 6 OF 8 b i N xayssm Esc oiu/ot MS'04- vs era o;• = ,' ezTM rar 11/13/Le �Co � 9 R t t .09IA m�Qs� 10 z am iy m m ,Qi Packet Pg. 576 1 OR 4546 PG 1981 16.B.1.b --y,H:B'? 'A' TO FIRS, AF:iEP; 7""E:NT TO DEVELOc" P Ar2EEMENJT PAGE 7 OF 8 I oas�sorac� I F ts..3 ggo'JLSi: iY 84000�P1�"Nfl yWY01SfMP A I I J 4 c � zN:zzzzzzz F� {{� Y 7 N 00"' M , --;::. woo ts'o�•w Rp b `a e Gi il• .-� 1"f Cis � l J . U rl InRoe R� a � g y 96 Rm Xa o zy .0 00 5 TVs pra C N C o O L. tf :v Onn"o o � onn o' a k Lam. —7—�- d i al Q L m Q 0 CD 0 C N c 0 E c N N uo w Lo a 0 0 c c N E N c N L U ca El Packet Pg. 577 1 OR 4546 PG 1982 16.B.1.b • FAH!'!` "N' T i? FIRS] �" t:C.'.ii=?�T TCi',) w 1."?ER AGR: , i.'[=idT - PACE fi OF fi A. Z�:lz goo $ flrtiLINOGI Q�4CNoyg~�N ^g~iy P�>~Rp0 V�qY N^ �y 4� =aQgo� g Rgg ix $Y TMN' �$ TZ^nri Fi rgQsu4b�^'a>�p $b At AN C $ N-QiZD �4 a4 A.�Ds8 Qa Sz 5 R Fi4s�z o� e; O y, —>62 DD< �� '•jZ >\Lj 91.1 �' ON y4 8p > UZ •Iw >g �' Vy�� ZZp Y qri p G j�1jl O y a Pn�FA >ti • E c d E a� L rn Q L a O d d O c m C E N LO LO LO i Q 0 O r C O E C (D E Q U) c E L 0 Q Packet Pg. 578 1 *** OR 4546 PG 1983 *** 16.B.1.b EXHIBIT "B" TO FIRST AMENDMENT TO DEVELOPER AGREEMENT t• !DESCRIPTION SKETCH (NOT A SURVE 13 CO E co d Vr v L South r;qhl-of-way i;ne, cnd lte i ov MAGNOLIA POND DRIVE North boundary of 1AAG4OLM PCHD ROAD Q , , iH� 60' R;qht-of-Way) CEVELOPMEt, CCt1PMtY, LLC 1:., ,, ( q Rood No. 2, per O.R. 1010. Pq. 383) >Z e (Access N.87-42'28"E. 1584.92 m --- - 1584.78' N In A S.8T42'28'W. ^, .- �%• c o o O o O c 20' DRAINAGE EASEAIENI' _ a r o u �O i .,. (0.728t Ac.) i; c 03o p Ba a boa N - c p o �i `•k z oOo e, aU zo.0 to Ln to O.0 _•Y.v.. o v O cl lO oIn- ors 1 :EQ m 00 c �•� 3N Y vL r r C r a %�0.r Q1 II \ WC C "' f `7��sr� E rr• N r 7S "4� y fA T to 5.88'4T561Y. '.26:3 B', South boundary of 'L Southwest Corner of the Noriheast 1/4 0l p01NT,uF COIdYENCEIIEN the Northeost 1/4 of Se:t;on 34-49-26 Sec '-on 34-<9-2G Soutf� .I corner of t V • the'FFtgrtlfpecst 1/4 of ttS sect; on .4449 -26 r Q LEGEND:L7 N.00'24'19'W. 20.01 L2 S.00'00'43'E. 20.02 O.R.---OfficiRecords Book ROTE: Bearings are based on Pg.---Page the South boundary of the 4 of ;ng ant;on 34-4 -26, as MAGNOLIA PONO 34-49-26, heving on ,assumed bearing of 5:88'47'56" W, 20e C�RAINAGE EASEMENT REV. LEGAL 6/10/C9 n:s Sketch of Des:r:C;on was propane ;n occcrdtwce w;Lh the IlWmun TrcWcol Stend:rds set forth by the rivida PREPARED Br:HEIDT &ASSOCIATES Inc. e Date.,11103103 Dnn:DAW Order tla:$M-un-oca ntl&AJ4 fiord at Prolen;onol Survirrs k Vo;pero in Chcpler TafttpaoFortMyetsoSarasotaManatee -bDrooksville P.C.: NIA 9 / 61C17-6„i1;Rdo Mrr.'r:strc0ee code, punuart to Section 472.C2Y, Florida St:tu s: rt. CertYeate of Aulhorleotlon �• ��/ Number LS 148 CML ENaif7EERt.Na FoR h1>'ta Offi:e 38CO Colon 13--d—rd SSEC.34 TWN. 49 S. RHO.26 E. 1JNa LURVLYtNa al PLANNING s".te 200 Fart Myere. FL 73_Ca DA D�i LLWAS LS6423 HER: I OF 1 fLCP-.0 FR3ESSC!01 S6YfrE1C2 t IWPCR h0. _ ENVIRONMENTAL r+nan6 230.402.7275 140T YAUO VMHOUT TK SCOWURE AND THE ORialoL LANDSCAPEARCHtT MURE FAX: 230-4e2 VC3 ?ASED MAL Or A itORMA UCNIEO SURVEYOR AND ►t+NPER Packet Pg. 579 1 Retn: CLERK TO THE BOARD INTEROFFICE 4T8 FLOOR EIT 8411 4193278 OR: 4381 PG: 1116 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 579.50 07/25/2008 at 08:11AK DWIGHT E. BROCK, CLERK COPIES 68.00 DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 22"d day of July, 2008, by and between VICTORIA ESTATES, LTD., a Florida limited partnership, MAGPOND, LLC, a Florida limited liability company, MAGPOND—A, LLC, a Florida limited liability company, MAGPOND—B, LLC, a Florida limited liability company, NEW MAGPOND, LLC, a Florida limited liability company and NEW MAGPOND—A, LLC, a Florida limited liability company (hereinafter collectively referred to as "Victoria") and "1-75 ASSOCIATES, LLC", a Florida limited liability company (hereinafter referred to as "Associates")(Victoria and Associates hereinafter collectively referred to as "Developer"), with an address at 8441 Cooper Creek Boulevard, University Park, FL 34201, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended. WHEREAS, Associates, is",tf appt x4tm1'ely 25.29+/- acres of commercially zoned land in unincorporated o)ir County, Florida; t ei�Golden Gate Commerce Park Planned Unit Development, Ordip ce-No 00-15, as_amen d (referred to as the "North PUD"). A legal description of said 25:29+�='��e dgveloprent sit located within the North PUD, together with a graphic rendertrtg,a� � �� ` and Associates seeks to develop this site pursuant to that cetair`pndi g it D'�9�la#� Application No. SDP-AR-8572, as maybe amended (the "Northr.eij at",a WHEREAS, Victori4lls� 4the owner of appf m4teJy =5`.83+/- acres of commercially zoned land in unincorporate X-0�*r County, Collier Boulevard Mixed -Use Commerce Center PUD, Ordi ,", # -No. 01-10 (refer d iq�r'�as the "South PUD"). A legal description of the said 25.83+/- awed ��ne�rt fit& Wjt6in the South PUD, together with a graphic rendering, is attached as Exit `B,'� a�, see�Cs to develop this site pursuant to that certain pending Site Development Plan Application No. SDP-AR-9022, as may be amended (the "South Development"). The South Development and the North Development will hereinafter be referred to collectively as the "Development" or "Developments,"; and WHEREAS, Section 8.5.5 of the South PUD provides that the "proposed stormwater management system for the project shall provide for the six -lane condition of Collier Boulevard runoff' (the "Collier Boulevard Stormwater Requirement"); and WHEREAS, the North PUD does not have any requirements for dedicating lands for drainage or right-of-way for the expansion of Collier Boulevard; and WHEREAS, the County is designing the Collier Boulevard expansion as a modified six — lane roadway (containing eight lanes abutting the North and South PUD) from its intersection with Davis Boulevard to the Golden Gate Canal which abuts the boundaries of the South PUD and North PUD; and Page 1 of 18 OR: 4381 PG: 1117 WHEREAS, in order to preserve the Collier Boulevard road project, and to reduce costs of future condemnation, when the presently undeveloped portion of the Developments would be developed, the Developer has agreed to grant to County certain right-of-way easements and slope and utility easements along Collier Boulevard, a drainage and sidewalk easement along the south side of Magnolia Pond Drive and a drainage easement for the construction of a roadway stormwater retention and treatment pond at a location yet to be determined within the South PUD (hereinafter collectively referred to as the "Easements") over certain lands within the Developments which are required for said road project in exchange for Road Impact Fee Credits, consistent with the County's Consolidated Impact Fee Ordinance; and WHEREAS, the infrastructure improvements which are the subject of this Agreement are required by the County to accommodate the expansion of Collier Boulevard pursuant to the County's Growth Management Plan; and WHEREAS, Developer is willing to enter into this Agreement provided that the Developments as shown on SDP-AR-9022 and SDP-AR-8572, as amended, will not be deemed non -conforming or in violation of any County ordinance or regulation applicable to the Developments as a result of the grantix}g sidAEee�nts; and WHEREAS, this Agree `' i satisfies the coridi `os�for approval of Developer's Site Development Plans that were ttti ated at the time the zo g - - r the North and South PUDs was extended on September 11, P07'and,.,m WHEREAS, the Tr nspOhAtiAUiihi or dninrended to the Board of County Commissioners that the Easement an a l ,thor, t m's and conditic ns set forth in this Agreement (hereinafter referred to r 't `Prbp` kd � ") rt nformity with contemplated improvements and additions` ie County's transpag4 n Q Vic; and WHEREAS, after reased\consideration by the °$odd of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is"ifil- "' y with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth -necessitated capital improvements and additions to the County's transportation system; and c. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: Page 2 of 18 OR: 4381 PG: 1118 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 of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2008, the Developer shall (subject to the terms of this Agreement) grant the following Easements to the County: (i) a drainage easement, the purpose for which is more particularly described in Paragraph 13, over Developer's lands within the South PUD at a location yet to be determined; (ii) a 15 foot wide drainage and sidewalk easement across the north 15 feet of the lands described in Exhibit `B (the South PUD); and the portion as is depicted in exhibit "D", subject to change as may be agreed to by both parties and (iii) slope, utility (FPL power poles) and right-of-way easements for the expansion of Collier Boulevard across Developer's lands within both the North and South PUD's. Developer expressly authorizes the County to permit the installation of private utilities, such as electric, telephone and cable television, within this Slope Easement with the urtde,.igt" it shall not destroy or compromise the Developers parking lot"st c or;,lan s �ffers. Installation of private utilities shall be limited to be first five feet new ROW easement line. The general forms of said easp�ent., instruments are a the , hereto as Exhibit "C" with the legal descriptions and sketch f same attached he to as Exhibit "D", except that the legal description and skpt0 p ;dr�n S��emgnt 'T hose purpose is described in ��' " aParagraph 13 cann t b `p ep�d asy't� s# t graphic depiction of the drainage ' easement in its a prc it at fi ture �� l cation 4s possible (see Exhibit F ). Such Easements shall b 'reiid dear o al. hens anndumbrances, except for those encumbrances listeitthe opinion of titl�,ttaheteto as Exhibit H and other matters of record no �rr;ely objected to ' } t P' C : my as being title defects (the "Permitted Exceptions" sequent to the 9 11 0 ti ! date of this Agreement, County will pay the costs of any b"vvo ands .� cl��and shall provide Developer sufficient time to cure any such title defect) 'hi iry's failure to timely provide said notice of title defects shall constitute its acceptance of the Permitted Exceptions. Developer shall be responsible for all costs for promptly removing any liens encumbering said drainage easements or curing any title defects revealed in such title work (but only to the extent such are timely objected to by the County), except for the Permitted Exceptions. Upon receipt of the Closing Documents from Developer, the Office of the County Attorney shall review same for form and legal sufficiency. Within thirty (30) days of receipt of Closing Documents from Developer, County shall notify Developer of any changes, corrections, additional curative instruments, or certificates of authority desired by the Office of the County Attorney. Developer shall have thirty (30) days from the date of notice from County to resubmit to County revisions, corrections, additional curative instruments, and/or certificates of authority. All costs of recording the Closing Documents shall be paid by the County. With respect to this provision, time is of the essence. 3. All of the Easements referenced in this Agreement are being acquired for public use, in lieu of future condemnation. Accordingly, it is expressly agreed that the provisions of the Page 3 of 18 OR: 4381 PG: 1119 LDC § 1.04.04B (Ordinance No. 2006-07) shall apply to this Development and none of the landscape buffers, sign placement, sidewalk and bike path modifications in Paragraphs 4 and 5 identified in Exhibits (El through E-5) in this Agreement and the Developments' construction in reliance on these development standards shall be deemed as non -conforming as a result of the Easement grants. Should LDC § 1.04.04B as may be amended, or its successor law, be less restrictive on the Developments, it shall prevail. 4. Associates shall grant an Easement to County across the North PUD property as depicted on Exhibit "E-1," so that County may widen Collier Boulevard to a modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes along the frontage of both the North and South PUDs and to accept additional stormwater from Collier Boulevard in its eight (8) lane condition, and County shall allow the landscape buffer width along the Collier Boulevard frontage of both the North and South PUD's to be reduced as shown on Exhibit "E-1 ". Maintenance of said buffer shall be Developer's responsibility. Construction of sidewalks and bike paths or payment in lieu of sidewalks and bike paths shall not be required of Developer along the boundaries of its lands that abut Collier Boulevard. aunty shall be responsible for construction of the sidewalks and bike paths aloe °Cli( > pl aar 5. County has determined�t Magnolia Pond Dri' i d be expanded to four (4) lanes at its intersection with Co111c�._Bouleoyard. County a ees ,\that the landscape buffer width along both sides of' MagnaliaMond ml�riv here i abets Developer's lands shall be reduced and on thesou es othe location of the County's water 11, line and as requested 1by C t1;�115; tes of "plantings for buffer shall be h" ,x p q modified as dePict 'd��1 ,4 velo r ha11t be required to maintain more than a five foot sepaonietween the C "nty wat;i�t`iain and any drainage pipe or other utilities. Grapldepictions of the I coed, Allier Boulevard, Magnolia Pond Drive and the reduce sca a buffers are=° E-3 and pathlied hereto as Exhibits E-2, E-4". Maintenance obuffer shall be Developer's responsibility. Developer is responsible for constructs of ( t $' sidewalk only on the south side of Magnolia Pond Drive where i -ab _ts ih out i Development, however, bike paths or payment in lieu of sidewalk and bike paths shall not be required of Developer along the boundaries of its lands that abut Magnolia Pond Drive. Developer shall remove two (2) feet from the existing eight foot sidewalk on the north side of Magnolia Pond Drive, so as to avoid constructing widened roadway over the County's water line. 6. Installation of landscape buffers in areas where the County has been granted slope and FPL power pole easements on the Developer's lands shall not be required as a condition for the issuance of any permits, approvals or Certificates of Occupancy from the County for the Developments. However, upon completion of the County's improvements to Collier Boulevard, the Developer shall install the landscape buffers in compliance with the terms of this Agreement. 7. Should the Developer commence construction of the South Development prior to the time that the County has commenced construction of the roadway improvements abutting the Developments, the Developer shall, subject to reimbursement by the County, install the drainage pipe in the drainage and sidewalk easement over a portion of the north 15 feet of Page 4 of 18 OR; 4381 PG; 1120 the South PUD, as depicted in Exhibit "D", subject to change as may be agreed to by both parties. The County shall reimburse the Developer within 60 days of request, for all costs and fees supported by contract documents and construction invoices provided by the Developer as certified by the Developer's engineer and approved by the County's engineer for the construction and installation of the drainage pipe. County shall provide construction plans of the drainage pipe to Developer by Decemberl, 2008. 8. As the owner of the lands subject to the drainage easement and the drainage and sidewalk easement, Developer shall retain ownership of all material excavated for the pond as depicted in Exhibit "F". Should the County commence construction of the roadway improvements prior to the time that the Developer has commenced construction of the pond, the County shall, subject to reimbursement by the Developer, construct the pond. The Developer shall reimburse the County within 60 days of request, for all costs and fees supported by contract documents and construction invoices provided by the County as certified by the County's engineer and approved by the Developer's engineer for the construction and installation of the pond excluding the drainage pipe. 9. The Developer shall be solely-rgcsil�rny mitigation for any listed species and wetlands impacts mrtigay emred b�>prtnitting agencies on the remaining portions of its properties-,", roperties fited within the Nort and South PUD. If requested by Developer, County shall bd P _co-ap licant on any ch ermits. No compensating right- of-way will be req tred' fr Qeve.—I any t rn `lanes on Collier Boulevard or Magnolia Pond Drive mm w. R 10. The credit for Road aet 1 esb 1� , her n Shal rgn with the Development, and may be used only 0m huh�d peril .nt /o f` the existing road impact fee p ; )M' . g P credits for the DeTent have been e �ust d, su) new credits for Road Impact Fees under this Agr6ee shall be reduced° the s )le amount of each Road Impact Fee due for a Buildm`P;�it issued thereon xii s'the Development project is either completed or the credits exhste or , 0 no longer available, or have been assigned by operation of of"pltrr*s t td assignment agreement with County. The foregoing reduction in the Road Impact-Fies shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the new Impact Fee Credits under this Agreement will be utilized only after one -hundred percent (100%) of the existing road impact fee credits for the Development have been exhausted, and then in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 11. As part of Developer's contributions to County, Developer has provided engineering and legal services; entered into a third -party agreement to accept stormwater from the expanded Collier Boulevard; provided rights -of -way easement for the expansion of Collier Boulevard; right-of-way easement and construction of expansion of Noah's Way. Developer is granted Transportation Impact Fee Credits in the amount of One Hundred Page 5 of 18 OR: 4381 PG: 1121 Thousand Dollars ($100,000.00) for these contributions. Consistent with the Collier County Consolidated Impact Fee Ordinance, the Credits may be used by the Developer or its successors and assigns in the impact fee district of the Development, and all adjacent impact fee districts. Notwithstanding anything to the contrary contained herein, these Road Impact Fee credits may be assigned at any time to any other development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then current rules and procedures of the Collier County Impact Fee Administration section, and execute all then -current County approved assignment forms, if any. 12. Developer shall receive any other impact fee credits Developer is entitled to. 13. In order to satisfy its obligations for the Collier Boulevard Stormwater Requirement, Victoria shall accept its proportionate share of the stormwater runoff from the western four lanes of the modified six (6) lane condition with additional northbound and southbound drop lanes totaling eight (8) lanes of Collier Boulevard (CR-951) between west bound entrance ramp to I-75 and the Golden Gate canal, not to exceed 6.6 acres of right-of-way (the "West Right -of- " , { ,Water management easement is necessary for the attenuation of stormy the �sg�of-Way. A graphic rendering of the x easement is attached her ..a Exhibit "F". A '' q�ahli rendering of the West Right -of - Way is attached hereto as," �wbi.«G The Coun sh11 look to other property owners to accept all additional stor atpr runoiff`�ge' Berated y the Collier Boulevard expansion project. Associates hay ter� e vitthe owners of the residential portion of the South Pl$p fo accept 6, r4la e t o V est Right -of --Way. Subject to applicable Federalt e k an \ I c vgrnmei to approvals, Developer will provide County stormwater�a ie ua"tion s4orage, w r qua ily Fs p ge of outfall within the South PUD for its propoaie Bevard Stormwater Requirement te share of the pursuant to the ter me de ` rhis Agreement owvater management system (the "System") shall blec� Ao treat surface vyafe c specified water quality standards pursuant to governmental rm%t�a�d-appNl a r`the South PUD. The County agrees, subject to Florida Statutes any surface water entering the System from Collier Boulevard (CR-951) will be capable of treatment to the specified water quality standards pursuant to all governmental permits and approvals for the Developments without modifications(s) to the Systems, and that surface water discharged into the System will comply with the requirements of the Country -wide National Pollution Control Discharge Elimination System Permit (and any successor permit applicable thereto), if applicable. 14. Developer shall have the option to provide County with a five (5) year performance bond to guarantee payment to County its forty percent (40%) fair share contribution of the cost of Collier Boulevard & Magnolia Pond Drive intersection improvements for signalization, as required by the Site Development Plan conditions of approval imposed at the time the North and South PUD were extended by the County, or Developer shall have the option to apply impact fee credits issued, or to be issued pursuant to this Agreement toward such fair share contribution. Such fair share contribution amount shall not exceed a total of $300,000.00. The Developer's fair share contribution shall be due Page 6 of 18 OR: 4381 PG: 1122 within ninety (90) days after the County has awarded a construction contract for the roadway improvements. 15. Developer shall have the option to provide County with a five (5) year performance bond to guarantee payment to County its forty percent (40%) fair share contribution of the cost of Noah's Circle / City Gate North I Collier Boulevard intersection improvements and signalization, as required by the Site Development Plan conditions of approval imposed at the time the North and South PUDs were extended by County, or Developer shall have the option to apply impact fee credits issued, or to be issued pursuant to this Agreement toward such fair share contribution. Such fair share contribution shall not exceed $263,000.00. The Developer's fair share contribution shall be due within ninety (90) days after the County has awarded a construction contract for the roadway improvements. 16. Developer shall diligently pursue SDP approvals and County shall expedite reviews of the SDPs. In the event that the Developer's SDPs do not receive final unappealable approval by the County by December 15, 2008, at any time thereafter, Developer may elect at its option to receive payment of fair market value for any or all of the Easements not already required to be Ordinances and comply requirements which are It provide compensating rigl improvements which in61 handle Development's traf, 17. Based on the cons and off -site transpoi South PUD and the without limitation, ( mitigation for open reduced or other wav at no cost to PUD are mitigated; a litigation for operarw i6 1@ or site related i requirements of the Tra 6' t on-_Elemei Element and all other provisions r fi requirements are satisfied by this Agreement. by the North and South PUD Land Development Code :d in this Agreement and shall mty for all site -related access is modifications necessary to :)er,!W_11ger this Agreement, all on -site arirwned by Developer within the by this Agreement including, tnD site related impacts, alternative cats "and fair -share mitigation, and the 'requirements of the Transportation LDC and all County transportation 18. Developer has previously been issued Concurrency Certificates of Public Facility Adequacy for Transportation for all of the commercial square footage approved in the South PUD and North PUD, and Developer has paid one -hundred percent (100%) of the estimated road impact fees for the Development. The County shall not withhold the issuance of any development order or Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road (if any, above the paid one -hundred percent (100%) of the estimated road impact fees for the Development) and other impact fees due will be based on the impact fee schedule in effect at the time of application for building permits for such units. Development entitlements have been vested for which the Certificates apply. 19. The balance of any impact fees due, if any, above the paid one -hundred percent (100%) of the estimated road impact fees for the Development will be calculated at the rate schedule then currently applicable. As building permits are drawn down on the Page 7 of 18 OR: 4381 PG: 1123 entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 20. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 21. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 22. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction Ash ITtict {l�v e either the applicant or owner, or its successors or assigns, of j eq,s @ j 'ng with any law, ordinance, rule or ....era � regulation governing s to Itting requireme'ht ; 0 itions, terms or restrictions. 23. In the event state or fede 'al arewenactedrafter th&execution of this Agreement, which are applicable to and preclude in� hbl&' or in W thee part es' compliance with the terms of this Agreement, Athenir su ev t" g �r�e t shall be modified or revoked as is necessary to comp yvth su laws, iriianhrwl hPest reflects the intent of this Agreement. _ . h 24. Except as otherwise' NWed herein, this written consent of the "-ales hereto or by other communications r �ipcaor permute sent by Certified Mail, returnei rqr delivery service; and addressed as fobs: To County: 2885 South Horseshoe Drive Naples, Florida 34104 Attn: Norman E. Feder, A.I.C.P. Transportation Division Administrator Phone: (239) 252-8872 Facsimile: (239) 252-5790 �t(3bhall only be amended by mutual �Ossors in interest. All notices and tder shall be in writing and shall be by a nationally recognized overnight Victoria Entities: Attn: Alicia Gayton, Esq. 8441 Cooper Creek Boulevard, University Park, FL 34201 Phone: (941) 359-8303 Facsimile: (941) 359-1836 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 25. 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 County Page 8of18 OR: 4381 PG: 1124 Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. County shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 26. In the event of a dispute under this Agreement, the parties shall first use the County's then —current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties the enforcement of this Agreement. 27. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 28. An annual review and audit of the County to determine h compliance with the ter this Agreement shall be performed by -,has been demonstrated good faith do report the credit applied toward payment of road impact �s and the balance of available unused credit. If the Collier County Board of Comm sit ens fifids.--the e basisyof substantial competent evidence, that there has been a='failur_�j provide Developer �rith°3�tt& days to comply or ehcl� Agreement may be��te=ei IN WITNESS WHELP, the parties hereto] by their appropriate officials, dfdate first above tort, < ATTEST'', DWIG#T E. BROCK,tAerk 4 Y� Attest es to CfiQii Clerk signature oral Approved as to form and legal sufficiency ScolM. Teach Deputy County Attorney ps , thi� Agreement, the County shall Deb eloper shall have thirty (30) (erne of this Agreement before this N, this Agreement to be executed ? COUNTY COMMISSIONERS COUNTY, FLORIDA By. . TOM HtNNING7 CHAIRMkV Page 9 of 18 OR: 4381 PG: 1125 REMAINING SIGNATURE PAGES TO FOLLOW Page 10 of 18 OR; 4381 PG; 1126 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: Witn s ame: Witnes e: [— VICTORIA ESTATES, LTD., a Florida limited partnership, By: BENDERSON-VICTORIA, LC, a Florida limited liability company, Its: General Partner 1W A—, - By: David H. Baldauf �It�:.�Manager STATE OF FLORIDA COUNTY OF M" i T a The foregoing inw,W ent was acknov t- 2 QKD 7, David H. Baldal Florida mited partnership, orlIif of said limited me or has produced _ as identif WITNESS my hand and officia s— AhO 2008. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL fr UP, 2) V_t Cam? �� EIe of 'J"cTo�a �. ►.�d.1 ►fe me this 1-1 , day of Benderson-Victoria, LC, a who is personally i/ known to day of Notary Public ALICIA H. GAYfON 4MMISSIOND N MY #D645 Printed Name PIR Bonded through 1 sl State Insurance Commission No. Expiration Date Page 11 of 18 OR: 4381 PG: 1127 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: I-75 ASSOCIATES, LLC, a Florida limited liability company Witn Name: By: David H. Baldauf Witnes e: - E-7heD Its: Manager STATE OF FLORIDA �. COUNTY OF vna+j Ar�i / The foregoing limited liability 4ompany, i i produced WITNESS my hand 2008. me this 1 , day of 5 Associates, LLC, a Florida f°of said comp , wW is penally ✓ known to me or has identification. facial seal this ! ``day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Page 12 of 18 AL IA H. GAYTON MY COMM SIGN #DD645455 EXPIR Bonded through 1st State Insurance Expiration Date OR; 4381 PG: 1128 WITNESSES: WitnesrName: Witness,,Name: SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT MAGPOND, LLC, a Florida limited liability company By: L� J�-� David H. Baldauf, Manager s STATE OF FLORIDA �} COUNTY OF CO&A The foregoing instrOme4j,,'W-�lackii'oVvj, "e , this day of L , 2008, by David H. Baldauf as 1Vanaer of✓IAG1POD.a,IJO alorida limited liability c pany, on behalf of the company, ` ? n.4ly l o ?s n { ne or has produced as ��@�nce of identificatio`r1� j A .. ti. Notaryb `c NOTARY RUBBER STAMP SE OR EMBOSSED SEAL Printed Name Commission No. Page 13 of 18 ALICIA GAYTON MY COMMISSIO #DD645455 Bonded through t st State Insurance Expiration Date OR: 4381 PG: 1129 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: —a Ok ri AL Witne ame: Witnes am e:: V STATE OF FLORIDA COUNTY OF MF}WZ:r'' 1 The foregoing instrum by David H. Baldauf as Mina; behalf of the company, 4A as dvi 5'1 NOTARY RUBBER STAMP OR EMBOSSED SEAL of MAGPOND—A, LLC, a Florida limited liability company . BY David H. Baldauf, Manager th�s f�' day of , 2008, �rid4 limited liability com any, on =tr Inc or ,7produced n u Printed Name Commission No. Page 14 of 18 ALICIA H. GAY—,U 1MMISSIDN #DD64 55 EXPIRES: MAR 31'2D11 Bonded through 1 st State Insurance Expiration Date Pk,w%qj OR: 4381 PG: 1130 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: MAGPOND—B, LLC, a Florida limited liability company Witn ame: By: I eke- David H. Baldauf, anager Witnesil3am- STATE OF FLORIDA COUNTY OF rjjP"4 The foregoing in by David H. Baldauf as on behalf of the comn� as NOTARY RUBBER STAMP OR EMBOSSED SEAL sriackno ic, th4s il day of JU 2008, At GPO,' D,,� 7 14 ` -' " " y f - Floda limited liability company, ,rally "bwti,46 mej", has produced of id`e-ii�iiicatidn., ICIA H. GAYrON MY C MISSION #DM5455 Printed Name EYPIKETMA 31,201 Bonded through 1st State Insurance Commission No. Expiration Date Page 15 of 18 UP OR: 4381 PG: 1131 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: NEW MAGPOND, LLC, a Florida limited liability company Wit Name:AH By: David H. Baldauf, Manager Witnes am4—�t711 A k rft� STATE OF FLORIDA COUNTY OF f The foregoing mstrtlme t .m 1e� b� ' ,this day of , 2008, 2 �t } by David H. Baldauf as M aer f �,L a Florida limite liability company, on behalf of the r ��' `ersoll k to Imr (n) has produced as 1dence of iv I NOTARY RUBBER STAMP SEAI!' ' "s°' �— ILIA H. GAYTON OR EMBOSSED SEAL 'Yi o"sY "°� MY C MISSION #00645455 - .. � Printed Name OF Bonded through 1 st state Insurance Commission No. Expiration Date Page 16 of 18 OR; 4381 PG: 1132 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT WITNESSES: Wi Name: Witne ame: C STATE OF FLORIDA COUNTY OF rnAQI The foregoing instr by David H. Baldauf as company, on behalf of the as NOTARY RUBBER STAMP S OR EMBOSSED SEAL NEW MAGPOND—A, LLC, a Florida limited liability company By: U �—� David H. Baldauf, Manager IF&O of ideniificatio 4I_w Notary Tab ;i Printed Name Commission No Page 17 of 18 R_ day of t�12008, , a Florida limite�dll liability to moor ( ,) has produced ALICIA DAMN MY COMMISSI N #DD645455 Bonded through t st State Insurance Expiration Date OR: 4381 PG: 1133 SCHEDULE OF EXHIBITS EXHIBIT A — Legal Description and Sketch of North PUD EXHIBIT B — Legal Description and Sketch of South PUD EXHIBIT C — General Form of Drainage Easement EXHIBIT D — Legal Descriptions and Sketches of Easements EXHIBIT E — Graphic Rendering of Future R&W Easements, Landscaping Buffers and Magnolia Pond Drive Road Cross Sections EXHIBIT F — Graphic Rendering ofFuture Drainage Easements and Pond EXHIBIT G — Grap'kendering o V' Fight -of --Way for Drainage EXHIBIT H — /flninion, of -Title Page 18 of 18 OR: 4381 PG: 1134 EXHIBIT "A" LAND DESCRIPTION A TRACT OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTFIE,�T� OF SAID SECTION 34 RUN S87 ° 52'26"W ALONG THE NORT (IINE OF SAIDuS] 100.04 FEET TO THE WEST GHT—OF—WAY L A _ _o (STATE ROAD S-951) AND THt_,.,P�Q, OF BBC Y THENCE RUN S00 029' 15"E AL,OI'� 6,T DISTANCE OF 1275.33 EE ' 0-' RIGHT—OF—WAY LINE C ,"C' , �O. ALONG SAID NORTH RI �T—OF—WAY LIN F A POINT OF CURVATURk� ENCE LEAV RUN 40.05 FEET ALONG TWARC OF A CURS qN 34 FOR A DISTANCE OF OF, COLLIER BOULEVARD F—WAY LINE FOR A H THE NORTH EKE RUN S87 °42'52"W STANCE OF 874.65 FEET TO FORTH RIGHT—OF—WAY LINE WAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00TEET,A C ENT yANGLE OF 91 °47'53", A CHORD DISTANCE OF 35.91 FEET AND"A,� +1��ARING OF N46 023'11"W TO A POINT OF TANGENCY; THENCE RUN N00 029'15"W FOR A DISTANCE OF 667.79 FEET TO A POINT OF CURVATURE; THENCE RUN 212.40 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 60 050'53", A CHORD DISTANCE OF 202.56 FEET AND A CHORD BEARING OF N29 056'12"E TO A POINT ON A NON —TANGENTIAL LINE; THENCE RUN N00029'15"W FOR A DISTANCE OF 412.52 FEET TO THE NORTH LINE OF SAID SECTION 34; THENCE RUN N87 °52'26"E ALONG SAID NORTH LINE FOR A DISTANCE OF 797.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 25.29 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. otasaMmouiavao 1 I0VK 'Id `XWJ ttlSaaAlNn V. MUM 1 'aA M 73M laa000 I"s DTIa e • `MVD0MSL-i £ @ } i O �� Cif1dH.LiION i TT��J v� N Y{� 11 .Ll4LC a GOLDE\GkTE OKsP NRAPARTI _---_—_----- GOLDIFLATBOOKS.PAGES PARTI ---- �---- 47-151) - GOLD GATEl'ANAL I j6° R— I NORTHERLY LINE OF SECTION 34 I I 0 N 8T5728'E 25W-24' Cv 59.67 N 8752'26'E 797.75' 1 III Gj � 0 io I J = m 1 #---------- - — ----------------- 1 o---------------------------- _I o F� o� 1 % aN 1 S C o 1 a� (o i IH N 1 I 3 h 1 I 10 y n o � o, _N N ~ h 1 � g E_ Sg7 a h ;�` a I� - 3 „n I o in � 1 1 ± S 8r42'52' w 874.65 ✓ ----------- _ PONDp01E S7 R.O. (ACCESS ROAD NO. 7) 5£tt :Dd 180 :u0 OR: 4381 PG: 1136 EXHIBIT "B" LAND DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S88048'27"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QU T tD$ TION 34; THENCE RUN NOO° 29'15"W, PARALLEL WITH,/TV'AST LINE OF-1 ',,NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTAXOF 1336.33 FEET' � POINT OF BEGINNING OF THE PARCEL OF LAND HEREM_D.ESCI�I$ED; THENCE CONTINUE Nb0-�415'` A e LI;`,'lWITH 'H EAST LINE OF THE NORTHEAST QUARTER (F'►A s �mDIS ANCE OF 17.39 FEET TO A POINT ON THE 5OLxTIERYRGF IvE OF ACCESS ROAD NO. 2 AS THE SAME IS DES'CRT�Ft_lo NO .101 A; PAGES 383 THROUGH 386 OF THE PUBLIC REC('S COL ER CTNTYFLCA; THENCE RUN S870 42'52" W, ALONG THE�SOOTHERLY RIGHT WAY,,',h'PqE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 6 FEET; THENCE�`01 00'00"W FOR A DISTANCE OF 1268.88 FE TE POINT 60.00 F NORTHERLY OF, AS MEASURED AT RIGHT AN �0.-TIE NET Iti Y LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-75 (ST .93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (I-75), COLLIER COUNTY, SECTION 03175-2409, LAST REVISED 1/10/80; THENCE RUN N86°37'01"E PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N64° 12'39"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N23°37'28"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT-OF-WAY LINE; THENCE RUN NO3° 19'52"E, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN N04043'13"E ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. V N NQA7H . IOZ1£ 7diilYd LIE'YdAIHfi ad87DlMdOOOIMLY �u�p�i i L1,41, Y3LSd YI1[O,L'�IAEECnd HMOSugu iLlgi xg 2 - -----__---_-------- , L — — � _ _ YApIp.IA PpiO OR14E S 87-42'52 W N 0027,9*15' W 139 f 947.68 m i( O 11 I C� I f { I I I I I it C I I jl I R 3 � - A, o C4 t, i N 86-37'01' E {-75 t+ S P U_ L1 n m n m � W� 2� LA�$ S 88'4827' W 100.01 '"a 6Oty • PROJECT: PARCEL: FOLIO: Ex G d 3p PG: 1138 Page ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this day of 20 , by whose mailing address is , (hereinafter referred to as "Grantor'), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, 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: 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 admowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive right-of-way, drainage ari utility easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, '94ales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility, facilitiesover, ,under, upon and across the following described Ia�nds46cated in Collier County, Florida, to wit: i rSee attadw Exhibit " i I aincorporated h ereirt by oe Subje6k,tt►�ask-menu,-restrictions and t of record. THIS HOMESTEAD*.F,,,'ER`'r "^ TO HAVE AND I LD the same unto tt ri ee together with the right to enter upon operating, and mai nd/or vale :materials for the purpose of enter upon said land a a thereon. Uti ' facilities includlns ct li constructing, pare ng, „rtg rAacEwwaewalk, drainage and utility facilities " Nty ' ' �'b_� � well -as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County's consent and proper authorization. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement 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: (Signature) (Print Name) (Signature) (Print Name) OR: 4381 PG: 1139 PW -- STATE OF _ COUNTY OF The foregoing Right -of -Way, Drainage and Utility Easement was acknowledged before me this day of 20 , by who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): Expires: Last Revised: 2/01/07 OR: 4381 PG: 1140 PROJECT: PARCEL: FOLIO: SLOPE EASEMENT THIS EASEMENT, made and entered into this day of , 20 , by , whose mailing address is , (hereinafter referred to as "Grantor', to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, 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: 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 nveys, grants, bargains, d sells unto the Grantee, a perpetual, non-exclu sfupe easement for ` „purpose of construction and maintenance of an `s ' ' fill slope over, under, 'upon and across the following described lands located Wtoilier-Couanty. Florida. to wit: a if jnorAted 'lhe -Iby'jr�e i Subject to easr� s,� no and of record. THIS HOMESTEADS ROPIERTY TO HAVE AND ' ,, OLD the same unto the, Grantee, together with the right to enter upon said land inct place and/or excavate materials for the purpose of constructing and maintainng', arthen. 'sk)pe ,thereon. Grantor expressly authorizes Grantee to permit the =' I private utilities (overhead poles and wires), such as electricity, telephonetttelevision, within this Slope Easement with the understanding that the installation of said utilities by private utility companies shall not destroy or compromise the Grantors' parking lot, structures or landscape butlers. Installation of private utilities shall be limited to the first five feet west of the new Right -of -Way Easement line. AN other uses of the easement area are reserved unto the Grantor including, but not limited to, the right to construct or install over, under and upon the fill slope any and all manner of improvements and/or structures otherwise permitted under Collier County's Land Development Code. This easement includes the right to remove and re -use any and all excavated material within the easement area. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. OR: 4381 PG: 1141 ZHM4- IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) (Print Name) i (Signature) (Print Name) STATE OF _ COUNTY OF The foregoing Slope Easement wasc F' before me this day of 29by who: is personally kno" to me OR Produced /��; as proof of (8ffi( norlal S@a c a (Ssgnatur o N Public) \` (Prinje of ry Public) Seri"/rnission # (if any): Myorr mission Expires: Last Revised: 6/OS/08 OR: 4381 PG: 1142 Project: PARCEL: Folio No.: DRAINAGE EASEMENT THIS EASEMENT, made and entered into this day of ,20 , by , whose mailing address is , (hereinafter referred to as "Grantoe), to COLLIER COUNTY, a political subdivision of the State of Fbrida, whose mailing address is 3301 Tamiami Trail East, 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: Grantor, for and in consideration -of TEN QOL consideration paid by the G acknowledged hereby v - Barg perpetual, non�xclusive`d a easement to enti drainage structures and lac' iiesincluding but not berms, rip -rap and retaining -wail systems, underg water control structures ,'ov&- under upon and ac located in Collier Cpun*, Fkxida, t 2S ($10.00) and other valuable sufficiency of which is hereby isells unto the Grantee, a tt, and to install and maintain ditches, swales, earthen I'd pipes, and various types of i the following described lands 9,90 a by refi>( reice �=F o easements, restrictions)� re ervA)wn* of record. 'THIS HOMESTEAD L _4 1, TO HAVE AND TO D""tlae same u til3r4ritee together with the right to enter upon said land and' p�f�ca�rata° materials for the purpose of constructing, operating, and m`aintai' d nage facilities thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement 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: (Signature) (Print Name) (Signature) (Print Name) OR: 4381 PG: 114 c � -- STATE OF COUNTY OF The foregoing Drainage Easement was acknowledged before me this day of ,20 ,byf ,who: identity. is personally known to rr.. OR produced as proof of (affix notarial sea[) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Y A Last Revised: 2/01/07 PROJECT: PARCEL: FOLIO: SIDEWALK EASEMENT OR: 4381 PG: 1144 EXHIBIT C �•? off THIS EASEMENT, made and entered into this day of ,20 , by , whose mailing address is , (hereinafter referred to as 'Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, 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.) V1l- 3SEµTH: Grantor, for and in ' ideration of TEN QC� S (a10.00) and other valuable consideration paid by the t ntee, the receipt sufficiency of which is hereby acknowledged, hereby ys, grants, bargains sells unto the Grantee, a perpetual, non-exclusive `sideWW-aasement for the 'purpose of construction and maintenance of a sidewalk over,°under,.. nand across the following described lands located in Collier Country, F*xida, toN -- ,n c'i L- cements, restrictions, and reservations of record. er�THIS HOMESTEAD P'Rt3F,01TY TO HAVE AND TO HQLD.the same u,raritee, together with the right to enter upon said land and 'to place infi/orkicaVate materials for the purpose of constructing and maintaining a sidewalfc.}hereorrµ"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: (Signature) (Print Name) (Signature) (Print Name) OR: 4381 PG: 1145 VTc ZH _�- The foregoing Sidewalk Easement was acknowledged before me this day of 20 , by , who: is personally known to me OR produced identity. (affix notarial sea[) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: LAN Reviled: 2101107 proof of t; 4381 PG; 1146 EXHIBIT D . pMP _.L.Of sal_ V G w vl N Sp� r. a ■� � ti W Z l� W O i N {/) W O 1 .-! Z N 1 t < oil. N � � = O O O m U H¢__ �a<I'S r� ,zi3oci&� =ddd< a addhi !�3 �„•� � ,..,� fV Rj r IA IL 1 La a- �A 2- 5 A fiz m r ty, <«< <tn ui f o a — — z116 I z z z v ;i ! W $ a =� �o0 Mn COM m�ivA,oa OR: 4381 PG: 1147 EX"srr D OR; 4381 PG; 1148 I UNPLATTED LAND O.R. BOOK 2797 PAGE 3287 MAGNOLIA POND DRIVE iLe de m •POB iN N �bq Z wi LO `i� �W K 0 j N CO �r W�h f Zoo �t SOUTHEAST CORNER OF THE NORTHEAST QUARTER"'OFF SECTION SECi1;34, DESCRIPTION OF RIGHT- OF-WAY EASEMENT: SECTION 3 ...wti A Portion of Section 34, Township 49 South, Range 26 East. Collier County. Florida. Also being a portion of those lands described in Official Records Book 2925, page 3107 of the Public Records of Collier County. Florida. Being more pastieulorly described as follows: Commencing at the southeast comer Of the northeast Quarter corner of said Section 34: thence North 00.29'21' West along the Eost line of said Section 34, a distance of 1.352.49 feet: thence South 69'30'39' West, a distance of 100.00 feet to the intersection of the West right-of-woy, line of Collier Boulevard and the South right-of-way line of Magnolia Pond Drive afso being the northeast comer of said described lands and the POINT OF BEGINNING; thence South 00'29'21' East along said West right-of-way iir.e and the easterly boundarly line of said describe* rands, a distance of 17.39 feet: thence continuing along said West right-of-way line and soid easterly boundary fine South OW43'31• West, a distance of 307.93 feet; thence North 00.29'26' West, a distance of 323.17 feet to a point on the South right-of-way ring of soid Magnolia Pond Drive and the northerly boundary Frog Of said described Jonas. thence North 8742'52' East along said South right-of-way line and said northerly boundary line, a distance of 28.01 feet to the POINT OF BEGINNING. CoMairoing 4.766.64 square foot, more or less. REVA REVISED TO CMANCE PARCEL MME AND DESCRIPTION TYPOS 01/10/08 EXHID 0 PT LINE TABLE LINE LENGTH BEARING L 1 I 17.39 1' L2 1 28.01 1 N 74 ' 0 tS se Iae 2010 GRAPHIC SCALE TH is not a survey. 2.'Basil of bearing is the East line of Section 3 . Township 49S., Range 26E., Collier County, Florida, being N O1129'21' W. Fd* State Piano Coordinates NAO 63/90, b. pt to easements, reservations and 6t ' ris of record. 4. 6 nts shown hereon are per plot, un A�sa,, d rwise noted. _ "77 &nsions arc in feet and decimals F `"Certificate of authorization LB 43. 10 R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Lonlscope Buffer Easement. 12, U.E. represents Utility Easement. 13. F.P.L.E. represents Florido Power t Light Easement. 14, D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J.�Aiaze, (FORTHE FIRM) FLAUC NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SMCH be DESIMMON OF PARCEL 112 FEE A PORTION OF w SECTION 34, TOWNSHIP 49 S., RANGE 26 E., Iw ei- e"'''Aee'''e""e1''"""O"' hi COLLIER COUNTY FLORIAA"boa� a•rrw swag.w, �.srr ewewr•w� 7rt 1101111ft ortm 11ft dti0la oft Go fit 1111111111111171 m Isii 00I 11i 1t@ EM GM Two we 1C-40 N6015-SOU-001 IL12 FSB a X 1C-49 Jor 10, 2005 - '4Oe:07 T0MRNEpc:\SVR\ee4iier mvd\CMDAMRI\IC-49\IC-e9-P175A.q OR; 4381 PG; 1149 I UNPLATTED LAND O.R. BOOK 2797 PAGE 3287 MAGNOLIA POND DRIVE N ffee IS 0 N POS Se9'3o'7rit 3 �j / / Z I` N I I Q. N vW EXHI PT pag0!5--y-- LINE TABLE LINE LENGTH I BEARING L1 28.01 r42' w L2 55.00 W ' 1'w L3 5.00 1 M87*42'5:rE e » sa 1ao we GRAPHIC SCALE 1. This is not a sung. 2. Basis of bearing is the East fine of Section 34, Township 49S., Rouge 26E.. Collier County, FMrWo. swing N 0729'79- W. Florida lone Coos notes t+tAD 03/00, Cost Subject to solownente, reservations and Y n I Its ; r�satrKtions of record. 1" �. Comments shown herson are per Plot. . P unless otherwise noted. SOUTHEAST CORNER S' Dimensions are in feet and eecirrale E, NORTHEAST # €f'1fM!pf. E OF -Y *' i/Certi-ccate of authorization LB 43. 510 7 R/M represents IGgnt-of-Way. P.O.B. represents Point of Beginning. DESCRIPTION OF SECTION 3� SECT10„ ``� ;, g P.O.0 re presents point or Commencement. 10. O.R. represents Official Records. SLOPE EASEMENT SECTION 34 Cf M35 11. L.B.E. represents Landscape Buffer Comment. t. A Portion of Section 34, Township 49 South, Range 13. U.E. represent* Utility idoEasPower Also, being a Portion of those lands described OfficialEReicords Book 2 County.5, page Easement. represents t'brido Power t Light 3107 of the Public Reeor*$ of Collier County, Florida. Being more particuwry 14. O.E. represents Drainage Eassrtlwtt. daeenbed as fo6ews: 15, S.E. represents Sidewalk Easement. 16. P,U.E, represents Pubk Unity Eomrnent COMB" Bing of the southeast corner of the northeast Quarter comer of said Section 34; thence North 00'29'21' West olong the East line of said Section 34, o distance of 1.352.49 feet. thence South 89'30.39r West, a distance of 100.00 feet to the intersection of the West right-of-woy tine of Collier Boulevard and the South right-of-way tine of Mognofa Pond Drive said Point also being the northeast corner Of mid described lands; then South 87 42'5Y West along said South right-of-way tine and the northerly boundary line of said described lands, a distance of 28,01 feet to the POINT Of BEGnveaNG; then South 00'29'26' East, a distance of 323.17 fast to o Point an the West right-of-way line of Collier Boulevard said Point also lying an the easterly boundary fins of said described ands; thonee South 04'43'31' West along said West right-oi-way fine and said east" boundary line, a distance of 55.00 feet; thence North 00'29'21i West, a distance of 377.76 feet to a point on the South right-of-way lies of said Magnolia Pond Drive sold pwt also lying on northefy boundary fine of said described Wrift thence North 6r42'52" East along said South right-af-way line and said northerly boundary line. o distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,752.38 square feet, more or loss. REVJ D TO CHANCE PARCEL NAME AND DESCRIPTION TYPOS 01/10/C6 0"C J. HYATT P.S. THE FIRM) FIA. LIC. 1410. 3534 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKMILM h DBSCRIMON OF PARCEL 112 TCE - A PORTION OF SECTION 34, TOWNSHIP 49 S., RANGE 26 E., COLLIER COUNTY FLORIDA.>r......•..�.�•�.e...•At..t.t•.te..e...t� we met: ebMnt on at9® on law pw ow oirw. hoot Rot 6oR GC300 TY0 DIH IC-42 N6015-Soft-001 112 TCEel x IC-49 Jun 10. 2008 - 14.A 7:19 t0S80W":\SLR\eonler b1v0\CM2VlK1\1C-49\tC-49-P725-4n ■ lid a�a t � t" OR; 4381 PG; 1150 EXHINT� �� 7 0 yyll Lj F o � goW � m � cn 0 8 z < F v, 8 =mtiam o• z o W Y N<r No Z T�MUW p�WNy� aY s i2e6xz `pN�l/ln� ws U� �W ��2ij� aZZ��U= O�]F�F�•_� f`G 7f- H O Ny=j �� <fp pvpp SViYh�-j FirKCV Nf np� 'W C�O� H rj A 2E A UV1NN 22Z= 2 as i Fell e tfi OR; 4381 PG; 1151 Y LAW • � fi O ygIIqaa� O C! W W= � w• ••iiiFF77777rrr.. 4 rn Ll W mV ti H z W ii .. , Is some::::: �s .s� WY Y I°�74 i I N 41 4W �Ld UZ a y r W Y33 I W; OC C J C7 J V1 1 Wp a'�WZ �g�pPP 2 CZ I O 0 Nw ¢Ypm <W�74.1�OW �j W I�I o< N 2Oz pNN{JfN2 W Z� A �Or W s a b 3~ o �� •asaao� �� i W W ! Mai bum X;�ii E;� <�cmi�oo��ng��., i i vie i ui aiZ ui = Zzwof 3 m R ? �i 2z�J'zF-zr izzzzz, Ia OR: 4: COWER AMMDMDUM COMMERCE 19 MEIN 0 m m m z 0 0 0 c z 5 2 I cn o o o i i 0 Do GOLDEN GATE OMAERCE � EXHBIT "E-1" ��.PARK FMI-�stissoca�rFs LLC ► t�{ x 51 1 t 3441 COOPER CREEKBLVD. 1 1 1 1 PRO to OSF� RBOM D UNIVER7Y PART. 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WaWW, -1 00- z°QvZG �� Z2,L ao, i m�xm xG �yiVt3ZQaww. ,Qj H�iVn�x4�a 3�zvp�QaJ oOCw-UCS71 uW W4-EwW¢j axU-WXQLL°w ov<wi zzzV �Dzw z Rs' ----------------U- -____._.__._._._._._._ p 2<wF�ZwQuOZ w-, ._.1;Cd tI t "-= I �I QXyZ0.o FZ wOao. O0 m >O>aU uwz ayQwzvte cn< w-xujF 7 w wQ c.v0 0.0 w4-z Dx t% l O WOw A. a0 C wa<wOON I ji Nz < ! LU 0 I .. .. ....T..�.._.._.._.._.,........._.._.. I t LSZZ :Od TOO :U0 , J f wee ism xaa000,»s •�� use .� = & ZI o i� 1f 1 on'saJ.vnoss�'sc-� E �. and RL[los V ALROx 1 i urn 0 war. he Zaa ujlw lip, �I ,1I� W 3 8STI :Dd 180 :u0 OR; 438l ?U: liD) OPINION OF TITLE H AL- EX H Pad. To: Collier County, a political subdivision of the State of Florida With the understanding that this opinion of title is furnished to Collier County, Florida, as an inducement for execution of an agreement covering real property, hereinafter described or for acceptance of a wan -ant), deed, easement, covenant or unity of title, as applicable, it is hereby certified that I (we) have examined the following: Attorneys' Title Insurance Fund Policy No. 2088950 effective May 6, 2001 at 10:41 A.M. and Chicago Title Insurance Company Ownership and Encumbrance Report covering the period from May 16, 2001 to May 28, 2008, inclusive, of the following described real property: See Legal Description contained in the Ownership and Encumbrance Report attached hereto. Basing my (our) opinion on the period, I (we) are of ttw, the above described real pro Magapond, LLC, a Fl interest, Magapond-A 15.9153 % interest, h undivided 39.7911 % to an undivided 7.408 Subject to the title policy or coatmitment covering mentioned date the fee simple title to was vested l liabilitycompany as to nited liobil tX®r Vrto�ni�lit .1 tatesL ., umbrances, other e t �r undivided 36.8854 % ny as to an undivided ility company as to an rida limited partnership as 1. Property taxes for the ye#i 10p, kvhi , not yet due and payable. 0 K nZ dove owners who are in possession. 2. Rights of persons other tha 3. Facts that would be disclosed by an accurate survey. ? 4. Any unrecorded labor, mechanics' or materialmens' lien. 7 5. Zoning and other resolutions imposed by governmental authority. o 4 SPECIAL EXCEPTIONS See the exceptions contained on Schedule "B" in the above referenced Title Insurance policy and Chicago Title Insurance Company Ownership and Encumbrance Report dated May 28, 2008, attached hereto. Note: The Mortgage and Security Agreement set forth as Item 2 A. of the Ownership and Encumbrance Report has been paid in full and the Owner is awaiting the receipt Ole - of a Satisfaction of Mortgage for filing with the Collier County Cleric of Court. OK R,rvttTtED eXcle: PTtot1 7 r— moKiC REsicAPcA KeQutRED . excEPTlot-i NO = EX Ge P"r 10 h1 No AAA`f J,ia-V- $G: r'e F-M t TT e' P'E R ►M X TT ED A 5 tS . OR; 4381 PG: 1160 Chicago Title Insurance Compan 495 State Road 436. Casselberry, FL 32707 (407)875-3000 Fax (407)875-3050 DATE: OWNERSHIP AND ENCUMBRANCE REPORT May 28, 2008 AGENT ORDER/FILE NO: ABERCIA NORTH/100802851 EX POW.5--0 0 TO: KEVIN KENNEY Benderson Development Co., Inc. 8441 Cooper Creek Blvd. University Park, FL 34201 RE: Ownership and Encumbrance Report LANDS DESCRIEDf-"A, ATTACHED HERETO AND MADE A PART HEREOF, TO 1lh �ASTRUCTURE EASEMENT, OVER THAT PROPERTY R16ED IN EXH#t6� -t6- ATTACHED HERETO AND MADE A PART HERE)OO;AND TOGETHER WITH A T MPORARY PRESERVE EASEMENT OVER THAT'GROPERTY DESCRIBED 1N EX ierr "C" ATTACHED HERETO AND MADE A PAR'I'HEREOF. �, EXlB1T "pp - ppp " f�" rf "5 A- �. .p 49 South. A parcel bf rid ca�ed� to rthe t ua �of Section 34, Township Range 261a llr ur y, ride �re particularly described as follows: Commef� t the Southeast comer of the, st quarter of Section 34, Township"��g uth, Range 26 East C,otf e�nty, Florida; thence run South 680 48' 27" West< - g he South iine_of, n ortheast quarter of said Section 34, for a distance of 101')ee toa point 4��leet Westerly of, as measured at right angles to, the Ea+& line of the Northeast quarter of said Section 34; thence run North 00' 29' 15" West, paralle� viiitii)tie East line of the Northeast quarter of said Section 34. for a distance of 1336.33 feet to the Point of Beginning of the parcel of land herein described, thence continue North 00' 29' 15" West, parallel with the East fine of the Northeast quarter of said Section 34, for a distance of 17.39 feet to a point on the Southerly right-of-way line of Access Road No. 2 as the same is described in O.R. Book 1018, at pages 383 through 386 of the Public Records of Collier County, Fonda; thence run South 87' 42' 52" West, along the Southerly right-of-way We of Access Road No. 2, for a distance of 947.58 feet; thence run South 00" 00' 00" West for a distance of 1268.88 feet to a point 60.00 feet Northerly of, as measured at right angles to, the Northerly limited access right-of-way line of 1-75 (State Road No. 93), as the same is shown on the Florida Department of Transportation Right -of --Way Map for State Road No. 93 (1-75), Collier County, Section 03175-2409, Last revised 1/10r80; thence run North 86' 37' 01' East, parallel with said limited access right-of-way line, for a distance of 658.52 feet: thence run North 64' 12' 39" East, parallel with said limited access right-of-way line, for a distance of 207.98 feet: thence run North 23' 37' 28" East, parallel with said limited access right-of-way line, for a distance of 57.61 feet to a point on said limited access right-of-way fine; thence run North 03' 19' 52" East, along said limited access right-of-way line, for a distance of 496.10 feet, thence run North 04' 43' 13" East, along said limited access right-of-way line, for a distance of 613 98 feet to the Point of Beginning Bearings refer to the East line of the Northeast quarter of Section 34, Township 49 OR: 4381 PG: 1161 EXHBff w_ South, Range 26 East, Collier County, Florida, as being North 00' 29' 15" West_ TOGETHER WITH an infrastructure easement over that property described in Exhibit "S EXHIBIT "B" (EASEMENT): A parcel of land located in the Northeast quarter of Section 34. Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast comer of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run South $80 48' 27" West, along the South line of the Northeast quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right angles to, the East fine of the Northeast quarter of said Section 34; thence run North 00' 29' 15" West, parallel with the East line of the Northeast quarter of said Section 34, for a distance of 1353.72 feet to a point on the Southerly right-of-way fine of Access Road No. 2 as the same is described in O.R. Book 1018 at pages 383 through 386 of the Public Records of Collier County, Florida; thence run South 87' 42' 52" West, along the -Southerly right-of-way line of Access Road No. 2, for a distance of 947.681 fit. therice Out South 00' 00' 00" West fora distance of 1268.88 feet to a post ��et No �of. as measured at right angles to. the Northerly Jim ght-of-way line of 1-75 (State Road No. 93), as the same is shown on a. the Flandi [Department of Transportation right-of-way map for State Road No. 93 (1-75), CoflierCounty,MSectlon 03175-2409, last revised 1/10180, and the Point of Beginning of tiara papeeI of land herein d bed;, thence continue South 00' 00' 00' West ford ditkta ce i S0.10 feat to,, n said limited access right-of-way Brie; tt>enceri3T01"E't;a�bn salimited access right-of-way line, for a distancex of673.5ee ttin cntxwt North 64' 12' 39" East, along said limited access right -of �e r istance of 149.83 feet thence run North 23' 3r 28" East, along said 1irritted acoass right-of-way tine, fair distance of 92.22 feel; thence run Soui12' 39" West for a disj o 20 98 feet thence run South 86' 37' 01" Wester distance of 658.52 feethe Potntoff Beginning. Bearingi,rbfgr, the East line of the Northeast quarter of Section 34, Township 49 South Rangl- ,Collier County, Florida, as being North 00' 29' 15" West. � TOGETHER WITH a temporary TTpreserve easement over that property described in Exhibit "C". EXHIBIT "C" (EASEMENT) - A parcel of land located in the Northeast quarter of Section 34. Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast quarter of Section 34. Township 49 South, Range 26 East, Collier County, Florida; thence run South 88' 48' 27" West, along the South fine of the Northwest quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of. as measured at right angles to, the East line of the Northeast quarter of said Section 34: thence run North 00' 29' 15" West, parallel with the East line of the Northeast quarter of said Section 34, for a distance of 1353 72 feet to a point on the Southerly right-of-way line of Access Road No. 2 as the same is described in O.R. Book 1018 at pages 383 through 386 of the Public Records of Cotner County, Florida, thence run South 870 42' 52" West, along the Southerly right-of-way line of said Access Road No. 2, for a distance of 947.68 feet to the Point of Beginning of the parcel of Land herein described; thence continue South 87' 42' 52" West, along the Southerly right-of-way OR; 4381 PG; 1162 line of said Access Road No. 2, for a distance of 1584.92 feet to a point on the West tine of the Northeast quarter of said Section 34; thence run South 00' 23' 55" East, along the West line of the Northeast quarter of said Section 34. for a distance of 959.23 feet to a point on the Northerly limited access right-of-way line of 1-75 (State Road No. 93). as the same is shown on the Florida Department of Transportation Right -of -Way Map for State Road No. 93 (1-75), Lee County, Section 03175-2409, last revised 1l10180; thence run South 74' 09' 17" East, along said limited access right-of-way line, for a distance of 875.54 feet, thence run South 78' 44' 38" East, along said limited access right-of-way line, for a distance of 318.32 feet thence run South 870 55' 12" East, along said limited access right-of-way line, for a distance of 318.32 feet; thence run North 86' 37' 01" East along said limited access right-of-way line, for a distance of 778.54 feet; thence run North 64' 12' 39" East, along said limited access right-of-way line, for a distance of 149.83 feet; thence run North 23' 37' 28" East, along said limited access right-of-way fine, for a distance of 92.22 feet; thence run South 64' 12' 39" West, for a distance of 207.98 feet; thence run South 86' 37' 01" West for a distance of 658.52 feet; thence run North 00' 00' 00' East for a distance of 1268.88 feet to the Point of Beginning. Bearings refer to the East line of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, as being North 00' 29' 15" West d >,.. Chicago Title Insurance Company doea'ir% ere `ertify that a se Ch of the Public Records of Collier County. Florida from a date of May 16, 2001 a-1C:41' AM, through and including the date of May 18, 2008 at 05:00-PM, on the land described above or shownn Exhibit A: 1. That record title to the land` as described aipd sk9wn on the attached description is in the name of. 2. 3. MAGPOND-B. LLC., a Fkirdailimited kabi c' C to r divi ed 39.7911 9b interest); MAGPOND, LLC., a Florida HOW liab44 calm ` ys a„ .0, n ` di�rided 11.7353% interest); MAGPOND-A, LLC., a Ft0r ILtedihabikty,corimpa6,y (As to an undivided 3.152% interest): NEW MAGPOND, LLC., a Florida?liability company (As to an undivided 25.1501 % interest); NEW }� MAGPOND A, LLC., a Floiila I iced liability companyiAs to an undivided 12.7633% interest); and VICTORIA ESTATES, LTD a limited partnershAs,to °remaining interest) �, r{p The following mortgages and/ofWbris,that affect the attachic'�keiption, not satisfied or released of record: � A. Mortgage and Security Agree f *�&een VJ 3RiA ESTATES, LTD., a Florida limited partnership, and SOUTHTRUST 6A-4K- an Alabama state banking corporation, recorded in Official Records Book 2825. page 3112, as modified by Amendment to Mortgage and Security Agreement , recorded in Official Records Book 3060, Page 2752, Public Records of Collier County, Florida. © K Additional encumbrances such as easements, restrictions, etc. are as follows: OR: 4381 PG: 11U EXHU31T pap A. Reservation of Oil Gas and Mineral rights as follows Reserved by Miles Collier and Barron Collier, Jr. in deed recorded in Deed Book 30. page 91, which reserv-abons were conveyed to Oleum Corporation by instrument recorded in Official Records Book 160. page 11; Reserved by prior owners in deed recorded in Deed Book 33, Page 26; Reserved by Brace Corporation in deed recorded in Deed Book 32, page 116. (also 351285) and conveyed to Gerry Brothers & Co. by instrument recorded in Official Records Book 51, page 82 and further conveyed by Gerry Brothers & Co. to Oleum Corporation by instrument recorded in Official Records Book 160, page 39 and Official Records Book 177. page 312; Creating a 75% interest in the Oil, Gas and Mineral, which interest was conveyed as follows: An undivided 49.577% of the interest held by Oleum Corporation being conveyed to Marguerite R. Collier, Norman, A. Herren and George G. Huntoon, as Personal Representatives under the Witt of Barron Collier, Jr., deceased, by instrument recorded in Official Records Book 884, page 1555 and corrected in Official Records Book 949, Page 367; Said Interest being conveyed by the Estate in deed recorded in Official Records Book 975. page 674 as follows: 50% of the Estate's interest toadr''tt '�r1 Lynton and Marguerite R. Collar or the survivors of them, as Tnrsteiiu r the Tnrsf ` ' for the benefit of Marguerite R. Collier under Article Sixth A of the WIN Of.0 tin Collier, Jr.; said interesUbeing conveyed by the Trustees of the Trust to Marguerite R. 6:4 ier by deed recorded in Official Records Book 1413, page 945; said interest being furtherr onv,,eyed to Lamar Gable,,Erances'` . Villere, Phyllis G. Doane and Donna G. Keller by deed recorded OfficialRecoi#i Bodit 1413. page 1078. 25% of the Estate's interest to1,aitnai ail ' 't old y and Juliet C. Sproul or the survivors of them, as Trusteas u erg herut c a fYie ' n fit f Juliet C. Sproul under Article Sixth C of the Will of Barron Co r1 7, as Cc eeds e�rde6-in'Official Records Book 1838, page 797 and Official Rk 2992:,pAget 259'a of the Estate's irk to Lamar Gable, Haitd`S. Ly, aind Barron Collier III or the survivors of them, as Trustees u-the Trust created for the beneffot Barron Collier Ili under Article Sixth D of the Will of Barron Colli r, Jrf: said interest being corivbye,,d by the Trustees of the Trust to Barron Collier III by deeds in Official ds Book 919, page! 59, Official Records Book 1282. page 70 and Official Records Book 1442. page 798. a ... (NOTE: The r�ht �of enter has been released as to Pagel 1 only _by Affidavit of Non -Development and Non -Production filed -in Official Records Book 2845, page :�#72, and Waiver of Surface Exploration Rights filed in Official Records Book 2845, page 3475, Public Records of Collier County. Florida.) (See Affidavit of Non -Development and Non -Production filed in Official Records Book 2815, page 1480, and Waiver of Surface Exploration Rights filed in Official Records Book 2815, page 1483�Public Records of Collier County, Florida ) , OK B. Infrastructure and Temporary Preserve Easement Agreement by and between RALPH ABERCIA O K and VICTORIA ESTATES, LTD., a Florida limited partnership, filed in Official Records Book 2825, � page 3138�Public Records of Collier County, Florida. C Contribution Agreement by RALPH ABERCIA and VICTORIA ESTATES, LTD., a Florida limited A 1 O partnership, and 1-75 ASSOCIATES, LLC, a Florida limited liability company, filed in Official -- N V Records Book 2825page 3149-1Public Records of Collier County, Florida. D. Agreement Regarding PUD Allocations by and between RALPH ABERCIA and VICTORIA O K ESTATES, LTD, a Florida limited partnership, filed in Official Records Book 2ei, page 31d Public Records of Collier County, Florida E Memorandum of Shopping Center Lease between VICORIA EST�TES. LTD and TSA STORES, INC recorded July 3.,2007 in Cilipal Records Book 4252, Page 3848, as amended in Official Ol< Records Book 4337, Page 3636 and Official Records Book 434, Page 187rPublic Records of Collier County, Florida OR: 4381 PG: 1164 (AnjertW Land hue A&Wclaban Owners PafGy - 10-17-9Z) With Fronva O%?VER'S TITLE INSURANCE POLICY X +4 paw �1 Attorneys' Title Insurance Fund, Inc. ORLANDO, FLOR1DA SUBf ECT TO TI-1E EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date ofPolicy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien 3. Unmarketability of th, 4. Lack of a ri¢ht ofacce The Fund will also the title, as insure tions. In W unas Whereof J policy to be signed become valid when FUND FORM OPM (rev. 3198) .umbrance on the tide; and from the land. pled as of Date of PO ,yhc e7igned by an author . , •a�i:SEAL ,4' eases incurred in defense of tht Conditions and Stipuir KIND , INC. has caused this in Schedule A, the policy to Attorneys' Title Insurance Fund, Inc. By Charles J. Rovalesid President SERIAL OPM- 2088950 OR; 4381 PG; 1165 R/I S DOP PRIOR PRIOR UW reptsY sw FUND OWNER'S FORM SCHEDULE A Policy No: Effective Date: 2088950 5/16/2001 a410:41 AM Amount of Insurance: $4,950,000.00 EXHlB1T= paw-2--0,257 Agent's File Reference: 37935 / BH I. Name of hawed: Victoria Estates, Ltd., a Florida limited partnership 2. The estate or interest in the land described herein and which is covered by this policy is a Fee Simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by insh unxat recorded in Official Records Book 2825 Page 3107 of the.Public Records of Collier County, Florida. 3. The land referred to in this policy i 1' dt:n as follows: u Lands described in Exhibit "A",*,ttachidlereto and r Easement over that property deitckbi d is Exhibit "B" wkb a Temporary Preserve Edsen4ent ott"r"°that pit ►der a part baeoL x.... . I, the undersigned agent, hereby certify that Issued by: rt•.hereot; together with an Inh=tructnre hereto and made a part hereof and together Fad iwExhibit "C" attached hereto and made the transaction insured herein is governed by RESPA, X Yes No if Yes to the above, I have performed all "core title agent services" _X Yes No Agent's Signature iVIIDWEST TITLE GU EE COMPANY OF FLORIDA 3936 N. Tamiami Trail, uite�A, Naples, FL 34103 Telephone No.k(941) 2 2-2 3 / Fax No.: (941) 262-7904 OWNERS POLICY SCHEDULE A \ Agent No. 15617 OR: 4381 PG: 1166 TMsT TW Policy No.: 20989SO FUND OWNER'S FORM SCHEDULE B EXH pap aBIT� Agent's File Reference: 379351 BH Thh policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not OK shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. ? 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by ? an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the vublic records. M 5. Any lien, or right to a lien, for servicesj-a iJ:` tnttt�n'al fee t by law and not shown by the public 6. Any adverse claim to any portion of w+lu;»been c accreted to any such portion so created and ripnn� if a NOTE: The following General Ex�eptare herebydel 1i 7. Taxes for 2001 became a lien and on January 1, 2001 al Novanber 1, 2001 (folio #t00296r 6006). Taxes for 200011hik "4 8. Oil, gas, mineral, or subsurface rights ed to prior owners, Public Records of Collier, County, Fl° }1�%te.._Rt of EExt recorded in OR Book 2845, page 3475, P�b4 ` lrl li OK hereafter furnished, imposed e y aficial means or has ? 6 i _: gh r�oi due and payable until on or after en ,beW,' in the amount of S86.90. Ok ument recorded in Deed Book 30, page 91, i released pursuant to that Document O K Florida. 9. Oil, gas, mineral, or subsurface rights reserved to prior awners, as per document recorded in Deed Book 33, page 202, Public Records of Collier, County, Florida. Note: Right of Entry has been released pursuant to that Document O K recorded in OR Book 2845, page 3475, Public Records of Collier County, Florida.or/ 10. Agreement regarding PUD Allocations recorded in OR Book 28Z5, page 3 Ib6, Public Records of Collier County, 01L Florida. �. UCC-1 Financing Statement recorded in OR Book 2825, page 3134, Public Records of Collier County, Florida. O ?4� ✓ I,/12. Infrastructure and Temporary Preserve Easement Agreement recorded in OR Book 2825, page 3138, Public Records O 1Z of Collier County, Florida. 13. Contribution Agreement recorded in OR Book 2825, page 3 M, Public Records of Collier County, Florida. No OWNERS POLICY SCHEDULE B OR: 4381 PG: 1167 EXHW H 14. Mortgage from Victoria Estates, Ltd., a Florida limited partnersbip, in favor of SouthTrust Bank, dated May 11, 2001, recorded May 16, 2001, in OR Book 2825, page 3112, Public Records of Collier County, Florida, in the principal sum of $3,400,000.00. OL"T-> CIV-" OWNERS POLICY SCHEDULE B OR; 4381 PG; 1168 -L KKIVI EXHIBIT . ras.��f HOLE MONIES 950 Encwt V,,rl Naaw. fwwa 34110 • ftwe:941lU.20W-hx 94l M4.2099 HMA PROJECT �199211- EXHIBIT "A" LEGAL DESCRIPTION 5/11 /' r REF. DWG. #B-2944-- A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88'4827"W., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A PONT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO. THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N.00'29'151W.. PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION X FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAN M Er;RIeED; THENCE CONTINUE N.001915'W.. PARALLEL WITH THE EAST LINE OF THE; NOD OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE S I�ERLY RIGHT-OF-1�Y LINE OF ACCESS ROAD NO.2 AS THE SAME IS DESCRIBED IN O.R. BOOK 41I.$.AT PAGES 383 THROULyH'388 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: THENCE RUN S.87 42'5Z W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO.2. FOR A DISTANOE OF 941:rA FEET; ENCE RUN S.00.00.00-W. FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET t��Y Q S URED AT RIGHT ANGLES TO. THE NORTHERLY LIMITED k1CCESS R1 tT -i 1 F . f#"jSTATE ROAD NO.93), AS THE SAME IS SHOWN ON THE FLOFIDAJEARTVIt3N11~lATION RIGHT-OF-WAY MAP FOR STATE ROAD N0.93 (1-75),100LLlERlUt�,5>=GTi01175*i309, T RE�I�SED 1/10180; THENCE RUN N.86'3T01 E., PARALLEL Wf1i I SAID ,AhD ACCESS�RIGHT-Of WAY :LINE. FOR A DISTANCE OF 658.52 FEET; THENCE RUN N.84'12'39"E., P t,EL wrm SAID LIMITED CESS R G iT-0E-WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE Ri'3T28"E., PARALIJ Izi=1 SA,i.IMRED ACCESS RIGHT -OF WAY LINE, FOR A DISTANCE OF 57.6' TO A POINT ON SAI l�kW"� CCESS RIGHT-OF•WAY LINE; THENCE RUN N,03'19'SYE., ALONG p ° , ITED ACCESS RIGH' MAY LINE, FOR A DISTANCE OF 496.10 FEET; THENCE RUN N.04'43'13T 'f , AID 1.IMITEDACCEtS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING: CON WING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRIC33ONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, AS BEING N.00'29-15'W. HOLE. MONTES, INC. CERTIFICATE OF AUTHORIZATION LB �1772 ,tom BY-�(1?dL-� P.L.S. # 3741 THOMAS J. GARRIS- STATE OF FLORIDA +r+��su�cxaesats..a.a 10UPA; 4381 PG. 1169 EXHIBIT HOLE MONT'ES EFb'�S • PUYd� • 9FiY-1'Oi6 m Ent= Play • Haples, Florida 34110 • Pbom: 941.254.20K Falc 9� l.2S4.2499 • -= - HM PROJECT #1992114 5/11/1 EXHIBIT "B" REF. DWG.#13-2944-6 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN S.88.48'27'W., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEE' TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N.=9'15-W., PARALLEL WITH THE EAST LINE OF.THEWORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1353.72 FEET TOA W'T I . ;SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD N0.2 AS THE SAME 1S BED INIOCK.1018 AT PAGES 383 THROUGH 38B OF THE PUBLIC RECORDS OF C AOiE RI •.THENCE RUN S.87'42'5YW ALONG THE =COUNTY, F10 DA, �, .. SOUTHERLY RIGHT-0E-94* LINE OF ACCESS ROAD NO.2 FOR A DISTANCE OF 947.68 FEET; THENCE RUN S.00.00'00-K. -FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEA�U� RIGHT ANOLIESS TO, THE NORTHERLY LIMITED ACCESS RIGHT- OF-WAY LINE OF 1-7 (STATEpA1� E IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSF�QATAT'ION`RIQ GAF- '� FOIE! STATE ROAD NO.93 (1-75), COLLIER COUNTY SECTION 0317 2d09, LAST REVIiE6°1=Q,AND.THE POINT OF BEGINNING OF THE P�tRCEL�O 'stAND H� t%, , i THENCE CONT1NU O'00'QO'W. FOR A DISTANCE OF .60.10 FEET TO A POINTbN SAID LIMITED ACCESS R1GHT4PANAY LINE; THENCE RUN N.86'3T01"E., ALONC LIMITED ACCESS RI'�iT-aF-WAY DINE, FOR A DISTANCE OF 673.95 FEET; THENCE RUN W6 * '3TE,-ALONG SAI[:fL UTED ACCESS RIGHT-OF-WAY LINE. FOR A DISTANCE OF 149.83 FEET; THENCE RUN N23'37 28" a"ONG SAID LIMITED ACCESS RIGHT-OF- 7 LINE, FOR A DISTANCE OF 92.22 FEET; THE)xC �WS.64012'39"W. FOR A DISTANCE OF 207.98 FEET; THENCE RUN S.$6.37'01-W. FOR A,DIST�CE OF 658.52 FEET TO THE POINT OF BEGINNING' CONTAINING 1.164 ACMORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS 13EING N.00.29'15-W. HOLE, MONTES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY�/ltr��/ • P.LS. , 3741 THOMAS J. GARRIS STATE OF FLORIDA yrsutnawez+�astxnc sa.•s+..t..c OR; 4381 PG; 1170 EX IHW HOLE MONTES smiESS•Pmes•sfifi S 990 FACOre Way • K99s. FWiM 34110 - Phone: 941.254.2000. FaF 941.254 2099 HM PROJECT #1992114 5l11/1 EXHIBIT "C" REF. DWG. #B-2943-1 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88.4827-W., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34. FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE FAST LINE OF THE NORTHEAST -QUARTER OF SAID SECTION 34; THENCE RUN N.00'29'15"W., PARALLEL WITH THE EAST LINE -CHE !Va EAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1353.72 FEE' tNT ON tk -S ERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO.2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.87-42-52'W.. ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF,,SAID ACCESS ROAD NO.2. FOR A DISTANCE OF 947.68 FEET TO THE POINT OF BEGINNiN 3F HE PARCEL O LAND HEREIN DESCRIBED; THENCE CONTINUE S.87'42'52"W., ALONG THE SOUTH R �Y LINE OF SAID ACCESS ROAD NO.2, FOR A DISTANCE OF 1584.92 FEET' TC� t tt? E JNE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THEN E 1RU1 0 61`4 1E Y' VEST LINE OF THE NORTHEAST QUARTER OF SAID 5,w� 1 �0� DI}S f CE Oil 9 ."'FEET TO A POINT ON THE NORTH Y UMITEO'A+ LESS RIGHT=OF- :INE OF 1-75, "ATE ROAD NO.93� AS THE SAME IS SHOWN ON THE FLOMbA DEPARTMENT OF 5PORTA ON 6t1GHT-OF-WAY MAP FOR STATE ROAD NO.93 (1-75). LEE COUNTY, SECTION 03 4�. REVISED 1/10/80; THENCE RUN S.74`09'17"E., ALONG SAID LIMITED ACCESS RIGF{7-df-'�+�UNE. FOR A DISTANCE OF 875.54 FEET; THENCE RUN S.78.44W,'E, ALONG SAID LI ACCESS RIGHT -OF --WAY LINE, FOR A DISTANCE OF 318.32 FEET; TH CF RUNS.87'55`12 ALONG SAID LIMITED ACCESS RIGHT-OF- WAY LINE, FOR A DISTANCE OF 5f8 A FEET VitkE RUN N.8V37'01"E., ALONG SAtO LIMIT ACCESS RIGHT-OF-WAY LINE. FOES A DISTANCE OF 778.54 FEET; THENCE RUN N.64012'39" E., ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 149.83 FEET; THENCE RUN N23'97'28'E., ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE. FOR,P DISTANCE OF 92.22 FEET; THENCE RUN S.64.12'39-W. FOR A DISTANCE OF 207-M FEET, THENCE RUN S.86'37"01-W. FOR A DISTANCE OF 658.52 FEET; THENCE RUN N.00400'00'E. FOR A DISTANCE OF 1268.88 FEET TO THE POINT OF BEGINNING CONTAINING 44.343 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. AS 6E!NG N.000291M. HOLE, MONTES 3 ASSOCIATES. INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY P.LS. # 3741 THOMAS .!. GA—RRIS STATE OF FLORIDA wat --OR: 4881 PG: 1171 OPINION OF TITLE EXHIM 4 l l -3 KDO E , ST A L- PW_LL_0_ s To: Collier County, a political subdivision of the State of Florida With the understanding that this opinion of title is furnished to Collier County, Florida, as an inducement for execution of an agreement covering real property, hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is hereby certified (hat I (we) have examined the following: Ir Chicago Title Insurance Company Policy No. 101299 004 00000576 effective March 29, 2001 at 8:00 A.M. and Chicago Title Insurance Company Ownership and Encumbrance Report covering the period from March 29, 2001 to May 28, 2008, inclusive, of the following described real property: See Legal Description contained in the Ownership and Encumbrance Report attached hereto. Basing my (our) opinion on said complete -abstract, title policy or commitment covering the period, I (we) are of the last mentioned date the fee simple title to the above described real PCpt:vvas vesieciin: a I-75 Associates, LLC,�a Flpfida-lirnited liability compat , Subject to the fol R°°ItC1ENERAL E.1 " 1. All property t !r the year 2008, wh ar�t;t due and payable K 2. Rights of persot$t�2sr, than the above owner'iv�,are in possession. 3. Facts that would be Jtsclbsed by an accuca�etey. ? 4. Any unrecorded laboi;eorae>aens' lien. ? 5. Zoning and other resolutions" Imposed by governmental authority. o K SPECIAL EXCEPTIONS See the exceptions contained on Schedule "B" in Chicago Title Insurance Company Policy No. 10 1299 004 00000576 and Chicago Title Insurance Company Ownership and Encumbrance Report dated May 28, 2008 attached hereto. Note: The Mortgage and Security Agreement set forth as Item 2 A. of the Ownership and Encumbrance Report has been paid in full and the Owner is awaiting the receipt O K of a Satisfaction of Mortgage for filing with the Collier County Clerk of Court. None of the exceptions listed above will restrict the use of the property for the purposes set forth in the water and sewer agreement, assignment, warranty deed, easement, covenant or unity of title, as applicable. OR: 4381 PG: 1172 EXHIBIT Chicago Title Insurance Company 495 State Road 436, Casselberry, FL 32707 (407)875-3000 Fax (407)875-3050 DATE: OWNERSHIP AND ENCUMBRANCE REPORT May 28. 2008 AGENT ORDERIFILE NO: ABERCIA SOUTH/100802850 TO: KEVIN KENNEY Sanderson Development Co., Inc. 8441 Cooper Creek Blvd. University Park, FL 34201 RE: Ownership and Encumbrance Report PARCEL 1 (FE ,SIMPLE) f. A tract of I� . g" in the North h'W the Northeast quarter of Section 34, Township�49,;S6uth, Range 26 East Collier County, Florida, and more particularly described asIfollows:.,.tr, Conimentdn at the Al.. st comfier of sal Section 34 run South 87 degrees 52' 26":Westhe'i�li sar=on.34 for a distance of 100.04 feet to the f w gr line bf Co I1 '.1 Slate Road S-951) and the Point of r Beginni cqe run South..1 degrees9' 5" East along said West right-of-way t' " �J line for bistance'of 1275.33 f t to a4iratersection with the North right -of may line of Access Road No. 2; thence n Soutt) 87 degrees 42' 52" West along said North right-�f y r line for a distance of 4 60 f� f,a paint of curvature thence leaving said Nonqht-of-way line run 46DeE`a!`orrg the arc of a curve concave to the Northeastha. a radius of 25.00 %4-- central angle of 91 degrees 47' 53", a chord distarici 3591 feet and ,a.e gto";'bearing of North 46 degrees 23' 11' West to a point oft ei y: thence ru'n4) ,,00 degrees 29' 15" West for a distance of 667.79 feet to a point of cunraturej thence run 212.40 feet along the arc of a curve concave to the Southeast having a radius of 200.00 feet, a central angle of 60 degrees 50' 53", a chord distance of 202.56 feet and a chord bearing of North 29 degrees 56' 12" East to a point on a non -tangential line; thence run North 00 degrees 29' 15" West for a distance of 412.52 feet to the North line of said Section 34; thence run North 87 degrees 52' 26" East along said North line for a distance of 797.75 feet to the Point of Beginning PARCEL 2 (TEMPORARY EASEMENT): Non-exclusive temporary drainage easement for the benefit of Parcel 1 as recorded in O.R. Book 2797, page 3290, and Partial Termination of Easement recorded in I Official Records Book 3186, page 2785, over and across the lands described as follows: \r� That portion of the North 1/2 of the Northeast 1/4 of Section 34, Township 49 South Range 26 East, lying North of the 60 foot easement known as Access Road ;tit, said easement being described as follows: V • rX) Commence at the Southeast corner of the Northeast 1/4 of said Section 34, Township 49 South, Range 26 East; thence run South 88 degrees 48' 27" West, a distance of 100 01 feet to the Westerly right-of-way line of S.R. S-951; thence North 0 degrees 29' 15" West along said right-of-way line, a distance of 1,355.48 feet for OR: 4381 PG: 1173 EXHIBIT4 the Point of Beginning; thence South 87 degrees 42' 52" West, a distance of �G 2,531.44 feet; thence North 0 degrees 20' 07" West, a distance of 60.03 feet; thence North 87 degrees 42' 52" East, a distance of 2,531.28 feet; thence South 0 degrees 29' 15" East, a distance of 60.03 feet to the Point of Beginning. The East 100 feet of the above described property is excepted. LESS AND EXCEPT: ,A tract of land lying in the North half of the Northeast quarter of Section 34, /Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast comer of said Section 34 run South 87 degrees 52' 26" West along the North line of said Section 34 for a distance of 100.04 feet to the West right-of-way line of Collier Boulevard (State Road S451) and the Pant of Beginning; thence run South 00 degrees 29' 15" East along said West right-ot way line for a distance of 1275.33 feet to an intersection with the North right-of-way line ` of Access Road No. 2: thence run South 87 degrees 42' 52" West along said North right-of-way line for a distance of 874.65 feet to a point of curvature thence leaving f said North right-of-way tine run-40.05 feet along the arc of a curve concave to the J\ Northeast ha* a dills k eet a central angle of 91 degrees 47' 53", a chord diatom a91 feet and�a E wring of North 4$ degrees 23' 11" West to a point`'ta�ency; thence run N deegrees 29' 15" West for a distance of \ 667.79=1etd a point of curvature; the run212.40 feet along the arc of a awe concave to the Southeast haviN a radius'of 200.00 feet, a central angle of 60 degrees 60' 5f'.4* ,ciorddistande of 202.56 feet and a chord bearing of North 29 degrees p iatagential line; thence run North O0 derees �1 1 "Nat orb1-j2V-Past neefeet to the North line of said Section 34.4he 3e ran North 87 degralong said North line for a distance of 797 i5��ia'Point of Begning AND AND EXCEPT: ' A tract ` in the North half of t lying he rtheast Ouarter of Section 34. dTowwnn hi e i, Range 26 Eas>t,- tier. ounty, Florida, and more partiarlarty ov escr Commencing at the f46i e'arst c"t rner of said Section 34 run South 87 degrees 52' 26" West along the North line of said Section 34 for a distance of 100.04 feet to the West right-of-way line of Collier Boulevard (State Road S-951); thence run South 00 degrees 29' 15" East along said West right-of-way line for a distance of 1275.33 feet to an intersection with the North right-of-way line of Access Road No. 2; thence run South 87 degrees 42' 28" West along said North right-of-way line for a distance of 954.19 feet; thence leaving said North right-of-way fine run North 02 degrees IT 32" West for a distance of 199.65 feet to the Point of Beginning; thence run South 89 degrees 30' 45" West for a distance of 40.51 feet: thence run South 03 degrees 23' 04" West for a distance of 51.20 feet, thence run South 45 degrees 34' 02" West for a distance of 106.01 feet, thence run South 80 degrees 32' 03" West for a distance of 422.21 feet; thence run South 87 degrees 42' 28" West for a distance of 137.85 feet; thence run North 52 degrees 30' 36" West for a distance of 495.09 feet: thence run North 00 degrees 52' 22" East for a distance of 438.83 feet; thence run North 40 degrees 11' 16" East for a distance of 126.90 feet; thence run North 84 degrees 18' 56' East for a distance of 106.99 feet: thence run South 73 degrees 19' 15" East for a distance of 245.57 feet; thence run South 57 degrees 25' 46" East for a distance of 342 64 feet; thence run South 16 degrees 24' 07" East for a distance of 26.38 feet; thence run South 47 degrees 29' 24" East for a distance of 70.45 feet; thence run South 70 degrees 57' 3T' East for a distance of 93.32 feet; thence run North 89 degrees 31' 08" East for a distance of 75.53 feet; thence run South 51 degrees 53' 33" East for a distance of 63.72 feet; thence run South 11 degrees 12' OR: 4381 PG: 1174 EXHIBIT 4 ft" i4 .2s 26" East for a distance of 82.19 feet; thence run North 89 degrees 30' 45" East for a distance of 56.56 feet; thence run South 00 degrees 29' 15" East for a distance of 169.91 feet to the Point of Beginning (IN 'PARCEL 3 (EASEMENT) _ Non-exclusive drainage easement for the benefit of Parcel 1 as recorded in O.R. Book 2797, page 3300, over and across the lands described as follows: - The West 30' of that portion of the North 1/2 of the Northeast 114 of Section 34, Township 49 South, Range 26 East, lying North of the 60 foot easement known as Access Road *2. said easement being described as follows: Commence at the Southeast corner of the Northeast 1 /4 of said Section 34, Township 49 South, Range 26 East; thence run South 88 degrees 48' 27" West, a distance of 100.01 feet to the Westerly right-of-way line of S.R. S-951; thence North 0 degrees 29' 15" West along said right-of-way line, a distance of 1,355.48 feet for the Point of Beginning; thence South 87 degrees 42' 52" West, a distance of f poz✓ 2.531.44 feet, thence North 0 degrees 20' 07" West a distance of 60.03 feet; thence North 87 degrees 42' 52" East. a distance of 2,531.28 feet: thence South 0 degrees 29' 15" East, a distance-of-60,.03 feet to the Point of Beginning. PARCEL 4 A C ,�O&1• i AND ACCESS EASEMENT NO. 2) Non-excl grant of Reciprocal Easement''and Right of Use Agreement for the benefit of P6rc*1as recorded January 25, 2001 in O.R. Book 2769. page 1238, Public Reordofo!lier,Gounty Florida, over and across the lands described as follows. ' EASEM�NI NO Y 1 � D1" it/ LV Lo Ljt E.L W A ship "c ,la`wlying rii" the I,46rth tatf of the Ndrlt ast quarter of Section 34, Townshipl49 South, Range 26 East, Collier qouraty, Florida, and more particularly descnbea follows: Cornme?kft,410e Northeast comet•of-seid,Section 34 run South 87 degrees 57 26" West along the _North line .of �S'ecdon 34 for a distance of 100.04 feet to the West right -cif -way line of Coiliei 46u evard (State Road S-951); thence run South 00 degrees 29' 15" East along said West right-of-way fine for a distance of 325.00 feet to a point of curvature; thence run 39.27 feet along the arc of a curve concave to the Northwest having a radius of 25.00 feet, a central angle of 90 degrees 00' 00", a chord distance of 35.36 feet and a chord bearing of South 44 degrees 30' 45" West to a point of tangency; thence run South 89 degrees 30' 45" West for a distance of 675.00 feet to a point of curvature; thence run 408.41 feet along the arc of a curve concave to the Southeast having a radius of 260.00 feet, a central angle of 90 degrees 00' 00', a chord distance of 367.70 feet and a chord bearing of South 44 degrees 30' 45" West to a point of tangency; thence nun South 00 degrees 29' 15" East for a distance of 325.81 feet to the Point of Beginning; thence run South 00 degrees 29' 15" East for a distance of 345.43 feet to a point of curvature; thence run 38.49 feet along the arc of a curve concave to the Northwest having a radius of 25.00 feet, a central angle of 88 degrees 12' 07", a chord distance of 34.80 feet and a chord bearing of South 43 degrees 36' 49" West to the North right-of-way line of Access Road No. 2, thence run North 87 degrees 42' 52" East along said North right-of-way line for a distance of 110.05 feet to a point on a non -tangential circular curve; thence leaving said North right-of-way line run 40.05 feet along the arc of a curve concave to the Northeast having a radius of 25.00 feet, a central angle of 91 degrees 47' 53", a chord distance of 35.91 feet and a chord bearing of North 46 degrees 23' 11" West to a point of tangency; thence run North 00 degrees 29' 15" West for a distance of 341.98 feet, thence run South 89 degrees 30' 45" West for a distance of 60.00 feet to the Point of Beginning. OR; 4381 PG: 117 EXHt - �l 769/12-?j ASEMENT NO. 2: 1 A strip of land lying in the North half of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast comer of said Section 34 run South 87 degrees 52' 26" West along the North fine of said Section 34 for a distance of 100.04 feet to the West right-of-way line of Collier Boulevard (State Road S-951); thence run South 00 degrees 29' 15" East along said West right-of-way line for a distance of 325.00 feet to a point of curvature and the Point of Beginning; thence run 39.21 feet along the r- arc of a curve concave to the Northwest having a radius of 25.00 feet, a central angle of 90 degrees 00' 00", a chord distance of 35.36 feet and a chord bearing of South 44 degrees 30' 45° West to a point of tangency; thence run South 89 degrees 30' 45" West for a distance of 675.00 feet to a point of curvature; thence run 408.41 feet along the arc of a curve concave to the Southeast having a radius of 260.00 feet, a central angle of 90 degrees 00' 00", a chord distance of 367.70 feet and a chord bearing of South 44 degrees 30' 45" West to a point of tangency; thence run South 00 degrees 29' 15" East for a distance of 325.81 feet; thence run North 89 degrees 30' 45" East for a distance of 60.00 feet; thence run North 00 degrees 29' 15" West for a distance of 325.81 feet to a point of curvature; thence run 314.16 feetalong the arc of a curve concave to the Southeast having a radus of 200.00 feet, a can al' angle of 90 degrees 00' 00", a chord distance of 282.84. feet and a chord gearing of North 44 degrees, 30"45" East to a point of tangency; thence run North 89 degrees 30' 45" East for a ' stanco of 675.00 feet to a point of curvature; thence run 39,.27 feet along the of� curve concave to the Southwest having a radiusrof�25,,00 feAt a c�n6ail angle f 9f degrees 00' 00", a chord distance of 3533ffepMouth 45 degrees 29' 15" East to said West; right-bf-way'one;revs 29' 15" West along said West right�of way line for a 1 f t t the Point of Beginning. Chicago Title Insurance CompaMS`gkt, reby certify that a search tt b lic Records of Colter County, Florida from a date of March 29.12-PM, through and including date of May 18. 2008 at 05:00-PM, on the land described above or ibit A 1. That record title to the land as de pwra'ot a description is in the name of: 1-75 ASSOCIATIES, LLC, a Florida limit tia�uNtyepafiy 2. The following mortgages and/or liens that affect the attached description, not satisfied or released of record: A. Mortgage and Security Agreement between 1-75 ASSOCIATES, LLC, a Florida limited liability company and SOUTHTRUST BANK, an Alabama state banking corporation, dated May 11, 2001 and recorded June 4, 2001 in Official Records Book 2835, page 2684, as modified by Amendment - ' to Mortgage and Security Agreement recorded in Official Records Book 3060, Page 2749, Public OK Records of Collier County, Florida. ip B Order Imposing Lien recorded March 6, 2007 in Official Records Book 4192, Paige 3681, Public Records of Copier County, Florida �e��,�-,I -comet �; `• , N O Y 3. Additional encumbrances such as easements, restrictions, etc are as follows: OR; 4381 PG; 1176 EXHIBIT AMERICAN LAND 7ITL E ASSOCI,i770N OWNER'S POIJCY (10-17-92) (WJTH FLORIL 14 AIODIFICATIOA'S) 10 2699 106 00000576 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO 11TLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, txx exceeding the Amount or insurance stated in Schedule A. sustained or incurred by the insured by reason ok 1. Tide to the estate or interest described in Seltctlule A being vested other than as stated therein; 2. Any defect in or lien or encusubrance ott.tbe titles;,. x,,4A 3. Unnsarketability of the title; { 4. Lack of a right or access to a��►he land. " °� i �, The Company will also pay the cus s, attorneys' fees and expenses i irrcdi in defense of the title, as insured, but only to the extent provided in ate Canditis ns_auad Stipulations. In Witness Whereof. CHICAGO TI L£ 1 AtdC t:OM" AjS'Y has sod'" policy to be signed and sealed as of the Date of Policy shown m :hc��I� A, w�ol�,�„��vgl , whey countersigned by an authorized signatory. ,x Issued by: GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TR Al L N SLM 300 NAPLIrS1 FL 34103-3591 (941) 435-3535 AlIA0) r-,•P.,I�., 10-;-.•,:.N1111I*IA/k11J:1.W0141I(A77UL'',, CHICAGO TITLE INSURANCE COMPANY Bv: i.+t. (j,t„ Prerideat By: Secrcun OR: 4381 PG: 1177 O %N',1 ERS SCIIMMLF_ A Uh—!: FILE ti.;':.e': 2 put ICY .•tU&INF. ABERCIF2 10 2699 106 00000576 3 DATE OF P= tCY 03/29/01 12 : 19 .00 P.m.: ",201 OOf WSUAA CL 3 3,725,000.00 1. Nante of lrtsttfcd: I-75 Associates, LLC, a Florida limited liability company 2. The estate or interest in the land v ich is covered by this Policy is; Fee situp. & easemt 3. Title to the estate or interest to the land is vested m„tlte ltri 4. The land heroin dcscribrd is erfcumbr:red by tbe°felq��tt } 4 and the mortgages or trust deeds, if any, show tjn Schedule B hrteof. ✓ 5. The land referred to in this poticy is described �,, 64,S: ti Parcel 1 (fee simple)VC, See Exhibit A attached heret' and assignments: Parcel 2 (temporary easement) Non-exclusive temporary drainagasement J.dr the benefit of Parcel 1 an recorded in O.R. Book 279 ,Page 3290, of the Public Records of Collier County, Florida, over and across the lands described in / Exhibit B attached hereto. r Parcel 3 (easement) Non-exclusive drainage easement for the benefit of Parcel 1 as recorded in O.R. Book 2797, Page 3300, of the Public Records of Collier County, Florida, over and across the lands described in Exhibit C attached hereto. rra:- {�:>ucy �d!,4 c:a� ,� :._„cJ::h• ['. a aL'dcf:o:: OR: 4381 PG: 1178 EXHOff pow POLICY FORM SCIIEUULE B PolicyKumber 10 2699 106 00000576 This policy does nut insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptious: (1) Rights or claims of patties in possession not shown by the public records. % (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate 7 survey and inspection of the premises. (3) Easements or claims of casements not shown by die public rwords. OK (4) Any lien, or right to a lien, for services, labor, or material licretofore or hereafter furnished, imposed by law 7 and not shown by the public records. ,- a� (S) Taxes or special assessments which are not 4,lis existing liens byfhi a Inc records. O Special Exceptions: The mortgage, if any; re.in..,It4m 4 of Schedule A, X this schedule is attached to an Owner's Policy. (6) Any claim that any portion of Itd Iitrr# tire. so a r, �gn s #f.-trle Siate of Florida, including submerSud. rifled or artificially exposed lands and lat{s ae(p(et&1 ti9isiicla d (7) Taws and assessments for the year 2 0 111 ,,du sequnntears, ' 1 Exceptions 1 through,�are hereby del��ed As to Parcel 1: S. Rights of any and a� ,arsons cly, through or under the same, by virtue of the3:1e'strvs>oxl ..s'"ai or lease of the oil, gas and/or minerals lying witY„r�taii s described inchedule Aras contained in Deeds filed in Oir%cial Records Book 884, page 1555, Official Records Book 9W page 367, Officia Records Book 1413� page 945y Official Record Book 1413� page 1078", and in Official Records Book 1482, page 798, Public Records of Collier County, Florida. NOTES: The right of entry has been released. See Continuation Sheet K Countetsimed GOODLETTE, OLEKA , & JOHNSON A. Au oil d Signaim Note: 11'l;ns schedule t, atia:hcd Io 9 Loull }'UIIC;'.f11t1til1 acid sub;ndinate matters, ifany, aic c:r; icnectcd hemm 'Vutc: "nits lahelc;t ti;ilcd:ac> A and 8 This Pohc, i. of nu fvrcr wnd cffcc: unt[ae h"JI pa�.c,, are in.h: ia:: alone x11h imn added pegs; uicu;po;ao-_:i hi reference t 1 %9l [t 1 OR: 4381 PG: 1179 ADDED PAGE EXNI�BtT POW (Schedule B Continued) Policy Numbrt 10 2699 106 00000576 9. Encroachment of wood power poles and guy anchor along the southern �J boundary of the land and encroachment of guy anchor at Northeast L corner of property, all as shown on the survey prepared by McAnly ? Engineering and Design, Inc., bearing File No. 25ACREBN.DWG, and dated March 20, 2001. 10. That portion of the Grant of Reciprocal Easement and Right of Use Agreement by and among EXIT 15 REALTY, LLC, a Florida limited liability company, RALPH ABERCIA and VESTCOR FUND XV, LTD✓ a Florida✓ limited partnership, filed in Official Records Book 2769, page 1238, O K Public Records of Collier County, Florida, affecting the insured property as shown as Access Easement No. 2 on the survey prepared by McAnly Engineering and Design, Inc., bearing File No. 25ACREBN.DWO, and dated March 20, 2002. 11. Taxes for the year 2001 and subsequent years which are not yet due O K and payable. As to Parcel 2: 12. That portion of they. Grant of Reciprocal Easement and Right of Use Agreement by and .S ng _,IT 15 REALTY, LLC, a Florida limited liability company, j`R�H'�� CIA and YZSTC�R FUND XV, LTD., a Florida limited partnersrf p, ,€ 0��i eQrds Book 2769!�page 1238;' OK Public Records Ito(1 �Cd�a y, a } it da, affecting the insured property as show a =ccssi nse u t . � 1 = can E the survey prepared by XcAnIy Engineer �a e�+s p� earl ' File No. 25ACRZBN.DW(;, and dated March 2V� b01. �avury� Cie�/�'XI1 . 13. Non-exclusive drai" ,,, easemt farl'1 t l ,loenenit of Parcel 1 as O K Q recorded in O.R. Bo e2797, Page 3300,,/over and across the lands described in Exhibit B Leh,*d hereto. &•14Y T, 7S 14. Rights of others to use the Inon- -excltsive easement. 4� 15. Taxes for the year 2001 and subsequent years which are not yet due C>K and payable. As to Parcel 3: 16. Rights of other to use the non-exclusive easement. OK 17. Taxes for the year 2001 and subsequent years which are not yet due QK and payable. NOTES: 2000 TAX INFORMATION. Taxes for Parcel No. 00296560008 in the amount of $34,214.63 were paid on January 31, 2001. t.,. . -, r U:. ) " " OR: 4381 PG: 1180 EXHIBIT . �-- EXHIBIT "A" LEGAL DESCRIPTION A tract of land lying in the North half of the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run S87°52'26"W along the North line of said Section 34 for a distance of 100.04 feet to the West right-of-way line of Collier Boulevard (State Road S-951) and the Point of Beginning; thence run S00629'150E along said West right-of-way line for a dlstance�af 127.5.33 feet to an intersection with the North right-of-way line of Access road °_°42'S2"W along said North right-of- way line for a distance oto feet to a poi. �ce i ature thence leaving said North riht-of-way line run 40.(5 t along the arc of Heave to the Northeast havin99 a radius of 25.00 feet, e cehtW'arigle- 1°4�3", a� hot"O distance of 35.91 feet and a chord bearing of N46`23'11 "1 V to 4_.poi t of gen thence run N00'29'15"W for a distance of 667.79 feet to: a' �; tebf-64N n 212.40 feet along the arc of a curve concave to the $ou east ha m" i aq: i f 00.00 feet, a central angle of 60'50'53", a chord dirt # 6„f ai �i a chp b Aring of N29'56'12"E to a point on a non -tangential line, thence run N00°29'1 fora dis*ce of 412.52 feet to the North line of said Section a ce run N87°52'2 �� _ albn4, North line for a distance of 797.75 feet to the Pi 3eginning. Said parcel containing 25.29dr@ss,�ibject to easements, restrictions and reservations of record. OR: 4381 PG: 1181 EX��.. spa". EXHIBIT "B" That portion of the North / of the Northeast 1 /4 of Section 34, Township 49 South, Range 26 East, lying North of the 60 foot easement known as Access Road #2, said easement being described as follows: Commence at the Southeast comer of the Northeast 1/4 of said Section 34, Township 49 South, Range 26 East; thence run South 88'48'27" West, a distance of 100.01 feet to the Westerly right- of-way tine of S. R. S-951; thence North 0'29'15" West along said right-of-way line, a distance of 1,355.48 feet for the Point of Beginning; thence South 87.42'52" West, a distance of 2,531.44 feet; thence North 0'20'07" West, a distance of 60.03 feet; thence North 87'42'52" East, a distance of 2,531.26 feet; thence South 0029'15" East, a distance of 60.03 feet to the Point of Begirvn ng. The East 100 feet of the above described property is excepted. LESS AND EXCEPT: aR Cyh A tract of land lying in the North half of .the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: ,i '... Commencing at t�h he Near c m of�satd S n�' ^ xk 7°52'26"W along the North line of said Section 34 for a dl tan a �f 1¢x ,L4 ee o`�st fight -of -way line of Collier Boulevard (State Road S-951) and e,P- In o� jinn hSS,, ' nce = S00'29'15"E along said West right-of- way line for a distance of'fl 5.33 feet to an intersection with the North right-of-way line of Access road No. 2; thence run S8'F 2"W along said North right' 44ay.line for a distance of 874.65 feet to a point of curvature thertici raving said North right-of��`r run 40.05 feet along the arc of a curve concave to the No1J�ast having a radius of 25.J felt, a central angle of 91'47'53", a chord distance of 35.91 feet and a bearing =2V1"Wto a point of tangency; thence run N00'29'15"W for a distance of 667 ::feetto a curvature; thence run 212.40 feet along the arc of a curve concave to the Southeast-h& ng a radius of 200.00 feet, a central angle of 60050'53", a chord distance of 202.56 feet and a chord bearing of N29'56' 12"E to a point on a non - tangential line; thence run N00'29'15"W for a distance of 412.52 feet to the North line of said Section 34; thence run N87'52'26"E along said North Gne for a distance of 797.75 feet to the Point of Beginning. Said parcel containing 25.29 acres more or less, subject to easements, restrictions and reservations of record. Exhibit B Page 1 of 2 OR: 4381 PG: 1182 EXHBff � o._ pLot__.__ AND LESS AND EXCEPT: A tract of land lying in the North half of the Northeast Quarter of Section 34, Township 49 south, Range 26 East, Collier County. Florida, and more particularly described as follows: Commencing at the Northeast corner of said Section 34 run S87052'26W along the North fine of said Section 34 for a distance of 100.04 feet to the West right-of-way line of Collier Boulevard (State Road S-951); thence run S00'29'1 YE along said West right-of-way line for a distance of 1275.33 feet to an intersection with the North right-of-way line of Access Road No. 2; thence run S87'4228"W along said North right-of-way line for a distance of 954.19 feet; thence leaving said North right-of-way line run NO2'17'32W for a distance of 199.65 feet to the point of tinning; thence run S89'3(745"W for a distance of 40.51 feet thence run S03.23104W for a distance of 51.20 feet, thence run S45'34'02"W for a distance of 106.01 feet; thence run S80.32'03"W for a distance of 422.21 feet; thence run S87'42'28"W for a distance of 137.85 feet; thence run N52630'36"W for a distance of 495.09 feet; thence run N00'52'22"E for a distance of 438.83 feet; thence run N40'11'16"E for a distanceof-'1--26. (? feet, thence run N84018'56"E for a distance of 106.99 feet; thence run S73'19 "F for a distal 45.57 feet; thence run S57625'46"E for a distance of 342.64 feet;�in S16'24'07" istance of 26.38 feet; thence run S47'29'24E" for a distance, .45 feet; thence run '5�,37"E for a distance of 93.32 feet; thence run N89631'08"E for (distance of 75.53 feet; thence run S51'53'33"E for a distance of 63.72 feet; thence run S11 `i2'26"E"for a distance of 82.19 feet; thence run N89'30'45"E for a distance of 56.56 feet 02' t5"i$t*nce of 169.91 feet to the Point of Beginning. l ; Said parcel containing 14.20acres i tore or ss, s' to t to easements, restrictions and reservations of record'. 1 , -N,� ;. Exhibit 6 Page 2 of 2 *** OR: 4381 PG: 1183 *** EXHMITH �•-3 EXHIBIT $VI The West 30' of that portion of the North A of the Northeast 1/4 of Section 34, Township 49 South, Range 26 East, lying North of the 60 foot easement known as Access Road #2, said easement being described as follows: Commence at the Southeast comer of the Northeast 114 of said Section 34, Township 49 South, Range 26 East; thence run South 88'48'27" West, a distance of 100.01 feet to the Westerty right- of-way line of S. R. S-951; thence North 0429'15" West along said right-of-way line, a distance of 1,355.48 feet for the Point of Beginning; thence South 87042'52" West, a distance of 2,531.44 feet; thence North 0'20'07' West, a distance of 60.03 feet; thence North 87042*52" East, a distance of 2.531.28 feet; thence South 0`29'15" East, a distance of 60.03 feet to the Point of Beginning.