Backup Documents 06/23/2015 Item #16E9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO kE9 : .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
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Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Scott R. Teach, Deputy County Atty. County Attorney SRT‘t"y
County Attorney Office /s/ 4,k23At�a
2. BCC Office Board of County 7%
Commissioners WI b12'SNIS
3. Minutes and Records Clerk of Court's Office INN
(I)(26\ P'h15 3:s' .
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Toni A.Mott Phone Number 239-252-8780
Contact/ Department
Agenda Date Item was 6/23/2015 Agenda Item Number 16E9
Approved by the BCC
Type of Document License Agreement for Temporary Parking Number of Original 1
Attached Access Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. liv
t' (Initial) A able)
1. Does the document require the chairman's original signature? �{C„t,, . lbf- 5
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the log N/A
document or the final negotiated contract date whichever is applicable. log
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC as stated above and all changes made TAM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready f ' t e `l
Chairman's signature. 01 f Il
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday, June 24, 2015 9:50 AM
To: Mott, Toni
Subject: License Agreement to Temporary Parking Access (Agenda Item #16E9)
Attachments: Toni Mott.pdf
Morning Toni,
Attached per your request, if you need a certified copy let me know and I'll get that ready for you.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
Memorandum
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TO: Minutes & Records Management
FROM: Toni ► .tt, Real Property Management
DAT* June 23, 2015
RE: License Agreement for Temporary Parking Access
Heritage Bay/Naples Community Hospital
On June 23, 2015, Agenda Item 16E9, the BCC approved the aforementioned item.
Please attest to Commissioner Nance's signature as Chairman on the License Agreement for
Temporary Parking Access. Once the attestation is complete, please email us a copy.
We sincerely appreciate this item being expedited as DeAngelis Diamond is under contract
for the hospital to be completed and opened November 2015.
Please contact me if you have any questions.
Thank you!
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LICENSE AGREEMENT FOR TEMPORARY PARKING ACCESS
This License Agreement for Temporary Parking Access (this "License
Agreement" or this "Agreement") pertaining to real property interests possessed by the
Collier County Water-Sewer District (the "District") and the Collier County Board of
County Commissioners (the "Board"), is entered into by and between the Board of Collier
County Commissioners of Collier County, Florida, as Ex Officio the Governing Board of
the Collier County Water-Sewer District and as the Board (collectively, the "Grantors")
and DeAngelis Diamond Construction, LLC (the "Grantee"), a limited liability company
organized and existing under the laws of the State of Florida, by and through its duly
authorized representatives on this 14th day of April, 2015.
I. RECITALS
WHEREAS, Heritage Bay Commons, Tract G, was dedicated to Collier County
'via Plat Dedication as memorialized in Book 43, Pages 46-52, of the Public Records of
Collier County, Florida, as depicted and described in attached Exhibit"A;"and
WHEREAS, the District has an existing 150' x 150' Utility Easement in the
southwest corner of Tract G, as depicted and described in attached Exhibit "B," and is in
the process of preparing an expansion of that Utility Easement in that area for a future
Master Pump Station; and
WHEREAS, the Grantee is under contract with Naples Community Hospital, Inc.
("NCH"), to build a medical facility on the parcel to the South of Tract G and have
requested a 50' x 50' area on Grantor's property, as depicted and described in attached
Exhibit "A," so it can fence off that area for construction parking while conducting its
underground site work on the adjacent parcel; and
WHEREAS, the Grantee desires to enter into this Agreement to gain temporary
access and entry onto Tract G for construction parking for a period to extend to no later
than August 31, 2015; and
WHEREAS, the Grantor desires to provide the Grantee with access to and
temporary use of Tract G by way of a license agreement for the limited purpose of parking
construction vehicles on that parcel during its construction of the above-mentioned NCH
medical facility; and
NOW, THEREFORE, the parties to this License Agreement, in consideration of
the sum of One and 00/100 Dollars ($1.00), paid by Grantee to Grantor upon the mutual
execution and delivery of this Agreement,plus other valuable consideration,the receipt and
sufficiency of which is hereby acknowledged, and in consideration of the covenants
Grantee expresses herein, agree as follows:
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The Grantor hereby grants to Grantee its employees, agents, consultants,
contractors, and subcontractors (collectively "Grantee and Agents") responsible for
construction or restoration or any related activity as described herein the license, privilege
and permission (the "License") to access and use during the term set forth below, that
portion of Tract G as depicted and described in Exhibit "A" and incorporated herein by
reference. The license shall be for the limited purpose of parking construction vehicles on
that parcel during its construction of the above-mentioned NCH medical facility (the
"Project"), subject to the terms and limitations set forth below.
This License Agreement shall cease and be terminated by no later than August 31,
2015 or at such time as the Restorations (as defined below) have been accepted by the
Grantor in writing, or sooner if terminated pursuant to Section VIII of this License
Agreement.
II. TERM
The term of this Agreement shall commence on April 14, 2015 and conclude
when the Restorations (as defined herein) have been accepted by the Grantor.
Notwithstanding that the Agreement terminates upon acceptance of the Restorations, the
Grantee shall cease parking on Tract G no later than August 31, 2015.
III. DESIGNATION OF PARTIES/REPRESENTATIVES
The Grantor designates Toni Mott, Real Property Manager with the Collier
County Facilities Management Department, or Craig Pajer, Principle Project Manager with
Collier County Public Utilities as its authorized representatives to receive communication
on the Grantor's behalf with respect to this Agreement.
Grantee designates its employee, Michael A. Mick, Project Manager with
DeAngelis Diamond, LLC., as its duly authorized representatives to act on Grantee's behalf
with respect to this Agreement.
The Parties may designate a different representative so long as the party notifies
the other.
IV.NO REPRESENTATIONS BY GRANTOR
Grantee represents that the Grantor has made no representations with respect to
Tract G or its condition, and that Grantee is not relying on any representations of the
Grantor or the Grantor's agents with respect to the use or condition of Tract G. This
License grants Grantee the privilege and permission to use Tract G in its present condition
"as is" without any warranties and subject to the conditions set forth herein.
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V. RESPONSIBILITIES OF GRANTEE
A. Grantee agrees to design and fence off, at its sole expense, that portion of
Tract G that it will use to park vehicles during the Project (the "Parking Area") and during
subsequent Restorations (as defined below) to Tract G. The Parking Area and Restorations
to take place on the yellow shaded area depicted on Exhibit "A-1" shall be approved by
Grantor prior to Grantee commencing the Project. Such approval by Grantor shall not be
unreasonably withheld.
B. Grantee shall, at its sole cost and expense, install and maintain in good
condition a fence, shield or barrier around the perimeter of the Parking Area that shall be
installed pursuant to a plan, approved in advance by the Grantor. Said fence, shield or
barrier will identify and restrict the parking area of Grantee's vehicles to that portion of
Tract G.
C. Grantee agrees to maintain the Parking Area in good condition at all times
keeping it free of trash and all other kinds of debris, and shall regularly mow and trim the
Parking Area as necessary, to maintain a neat and orderly condition.
D. Grantee understands and agrees that its temporary use of Tract G shall not
at anytime during construction interfere with the public's free and unfettered use of any
adjacent roadways.
E. As part of its Restorations, Grantee agrees to repair and restore Tract G
and any adjacent public streets, curbs, sidewalks, paths, and other public infrastructure,
including existing water, wastewater or IQ water infrastructure located on Tract G, to a
condition existing prior to Grantee's Project mobilization.
F. Grantee agrees to timely comply with any reasonable request of Grantor to
perform maintenance and repairs to streets, curbs, sidewalks and other county infrastructure
damaged by Grantee in the course of its Project. Such maintenance or repair work shall
further include any damage caused by Grantee to any existing water, wastewater or IQ
water infrastructure located on Tract G or that may be caused by Grantee and its vehicles
on any adjacent public Right of Way. This maintenance or repair work shall be performed
to the Grantor's reasonable satisfaction.
G. Grantee agrees to coordinate activity on Tract G with Grantor, so as to
ensure that normal Grantor operations continue uninterrupted.
H. Grantee agrees to comply with all Grantor ordinances, State and Federal
laws, and all other rules and regulations regarding permits and approvals related to the
Parking Area and Restorations whether such laws, regulations and/or ordinances now exist
or shall be enacted or issued during the term of this License Agreement.
I. Grantee and its Agents shall employ appropriate means and methods to
protect existing trees in the Parking Area from damage. In the event a tree(s) is damaged
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or dies as direct result of Grantee and its Agents' actions, Grantee agrees to reimburse the
Grantor for the value of the tree(s), as determined by the Grantor's horticulture personnel.
J. Grantee shall procure and maintain in full force and effect for the duration
of this Agreement, liability and property damage insurance with a minimum of$1,000,000
(one million dollars) bodily injury, and $1,000,000 (one million dollars) property damage
for each occurrence, and $2,000,000 (two million dollars) comprehensive general liability
insurance. Grantee shall provide a current copy of its policy or policies of insurance, or a
Certificate of Insurance evidencing same, to the Grantor prior to exercising their rights and
duties under this Agreement. The Grantor shall be named as an additional insured on all
policies required by this License Agreement.
Grantee shall require its contractor(s) to procure and maintain statutory limits of
workers' compensation insurance coverage, motor vehicle liability insurance, and a
minimum of$1,000,000 (one million dollars) employer's liability insurance for the duration
of this Agreement.
K. Grantee and its agents shall take all necessary precautions to prevent
sloughing or erosion on Tract G. If such sloughing or erosion occurs, including any
displacement of the land as a direct result of Grantee's use of Tract G, Grantee shall
promptly restore the premises, to the reasonable satisfaction of the Grantor; and Grantee
agrees to hold harmless and indemnify the Grantor from and against demands and actions
arising from or growing out of such sloughing or erosion resulting directly as a result of
Grantee's use of the Tract G, including all reasonable expenses and attorneys' fees incurred
in connection with any of the claims, actions or demands.
L. Grantee shall save and hold harmless, protect and indemnify Grantor, its
elected officials, employees and agents, from and against any and all liabilities, obligations,
damages, penalties, claims of any kinds, causes of action, costs, charges and expenses,
including reasonable attorney's fees and expenses, which may be imposed upon or incurred
or served against Grantor, its elected officials, employees or agents by reason of any
occurrence or accident arising out of Grantee and its Agents' use of Tract G pursuant to this
License Agreement. In the case of any asserted claim or with respect to any action or
proceeding brought against the Grantor by reason of any such occurrence, Grantee, upon
written notice from the Grantor, shall at Grantee's own cost and expense, promptly resist
and defend such claim or action. Grantee agrees, upon written request, to provide Grantor
with status reports and reasonable information about the pendency, disposition and/or
handling of any such claim, action or proceeding.
M. Grantee shall vacate Tract G and perfect the Restorations in accordance
with Section VI as soon as Grantee and its Agents have completed the Project such that
Tract G is no longer needed. Tract G will be timely vacated and Restoration timely
perfected so as to vacate the License herein as soon as practicable. All expenses related to
surveying, preservation and relocation of existing monuments, if any, shall be borne by
Grantee. Grantee agrees that after completion of the Project it will, at its expense, restore
the ground, to the Grantor's reasonable satisfaction and in accordance with Section VI, to
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the condition it was in prior to commencement of the Project within a reasonable time.
VI. RESTORATIONS
A. Grantee shall return the Tract G / the Parking Area to Grantor in at least
the same condition in which the property existed immediately prior to Grantee's use.
B. Grantee shall restore damage Grantee and its Agents cause to Tract G and
any adjacent public Right of Way, including but not limited to the streets, curbs, sidewalks,
paths, and any other public infrastructure, existing water, wastewater or IQ water
infrastructure located on Tract G or on any adjacent public Right of Way in, to the
condition existing prior to Grantee's mobilization of the Project. As part of its
Restorations, Grantee agrees to make all required repairs timely and to the Grantor's
reasonable satisfaction.
C. The Grantor retains the right to inspect the fenced off construction parking
area onTract G and Restorations, and to exercise its rights or duties in order to protect
persons,property or the public interest respecting Tract G.
D. "Restorations" are hereby defined as all items contained in Article V. Sections
E., F., I., K and M herein and this Article VI.
VII. PROJECT COSTS AND RESPONSIBILITIES
A. All costs of the Project and Restorations shall be the sole responsibility of
Grantee.
B. Any increase in the actual costs of the Project and Restorations, including
cost increases, change orders and overruns, shall be borne by Grantee. Costs include, but
are not limited to, architectural, engineering, consulting, design, labor, site preparation, site
restoration, materials, supplies, legal fees, utilities, permits, inspections, insurance, and
any other costs incurred in the design and construction of the Project and Restorations.
Grantee shall not be responsible for the Grantor's expenses in administering this
Agreement.
VIII. TERMINATION
A. If any party fails to properly fulfill its obligations under this Agreement in
a timely manner, or if any party violates any of the provisions of this Agreement, the non-
breaching party shall notify the other party in writing of the specific violations of this
Agreement. The breaching party shall have five (5) days from receipt of the notice in which
to cure any such violation. If the violation cannot be reasonably cured within said 5-day
period, and the breaching party has diligently pursued such remedy as shall be reasonably
necessary to cure the violation, then the parties may agree in writing to an extension of the
period in which the violation must be cured.
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B. If, however, the breaching party has not cured any such violation as
specified in the written notice or any extension within the time provided, then the non-
breaching party, at its sole option, shall have the right to terminate this Agreement. This
termination shall be made by sending written "Notice of Termination" to the breaching
party. This notice of Termination shall be effective for all purposes when deposited in the
United States Mail, postage prepaid and mailed Certified U.S. Mail, Return Receipt
Requested or via nationally recognized overnight carrier service.
C. If Grantee defaults under this Agreement, upon Grantee's receipt of the
Notice of Termination in the manner specified above, the Grantor may assume control and
possession of Tract G and Grantee and its agents shall vacate it immediately and
commence the Restorations.
D. The Grantor reserves the right to immediately terminate this Agreement in
the event of an emergency or when necessary, in the Grantor's sole discretion,to protect the
public health,welfare or safety.
IX. MISCELLANEOUS PROVISIONS
A. This Agreement constitutes the entire agreement between the parties
relating to the subject matter of this Agreement. Any previous agreement, assertion,
statement, understanding, or other commitment before the date of this Agreement,
whether written or oral, shall have no force or effect upon the terms and conditions of
this Agreement, except as otherwise provided for and acknowledged. Notwithstanding
the foregoing sentence, nothing in this Agreement shall be construed or interpreted in
such a way as to vacate or amend any certain preexisting underlying agreements by and
between the Grantor and Grantee, all of which certain preexisting underlying agreements
are and shall remain fully performable by the parties, subject to their terms and
conditions. No agreement, assertion, statement, understanding, or other commitment
during the term of this Agreement, or after the term of this Agreement, shall have any legal
force or effect upon the terms and conditions of this Agreement unless properly executed in
writing by the parties.
B. This Agreement is made, and shall be construed and interpreted under the
laws of the State of Florida, and venue for any suit concerning this Agreement shall rest in
the State and federal courts for Collier County, Florida.
C. Regardless of the actual drafter of this Agreement, this Agreement shall,
in the event of any dispute over its meaning or application, be interpreted fairly and
reasonably, and neither more strongly for nor against the parties to this Agreement.
D. All official communications and notices required to be made under this
Agreement shall be deemed made if sent United States Mail, postage prepaid and mailed
Certified U.S. Mail, Return Receipt Requested or via nationally recognized overnight
carrier service to the parties at the addresses listed below, unless otherwise specified in this
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g,—
Agreement:
If to the Grantor: Collier County
Attn: Toni Mott
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
Collier County Public Utilities
Att: Craig Pajer
3339 Tamiami Trail East, Suite 201
Naples, Florida 34112
If to Grantee DeAngelis Diamond Construction, LLC
Attn: Michael A. Mick
6635 Willow Park Drive
Naples, FL 34109
E. The Grantor and Grantee respectively, bind themselves, their successors in
interest, assigns and legal representatives to this Agreement. Grantee shall not assign or
transfer any interest in this Agreement without the prior written consent of the Grantor.
F. Time is of the essence in this Agreement.
X. SEVERABILITY
A. If the final judgment of a court of competent jurisdiction invalidates any part of
this Agreement,then the remaining parts of this Agreement shall remain in full effect.
XI. WAIVER
A. If at any time the Grantor, its successors or assigns, fails to enforce this
Agreement, whether or not any violations of it are known, such failure shall not constitute a
waiver or estoppel of the right to enforce it.
XII.NO RECOURSE
A. No recourse shall be had against any elected official, director, officer,
attorney, agent, or employee of the Grantor, whether in office on the effective date of this
Agreement or after such date, for any claim based upon this Agreement.
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THIS AGREEMENT is made to be effective on the date first written above. .
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA AND AS EX
OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT .
ATTESTS
DWIGHT E. $`ROCK, Clerk By:
Tim Nance, Chairman bA2." Vc
By: IIIP
Attest as to Chair uty le
signature only.epp
ved as to form and legality:
(-0/-
cott R. Teach,
Deputy County Attorney
8t OF
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WITNESSES: DeAngelis Diamond Construction, LLC
.
By:
Ori_ nal 'ignature Joo�. P c g
Alp
Cio
Printed/Typed Name
Ori:Val Signature
Printed/TIM01,6016e
. Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of
, 2015, by John M. DeAngelis of DeAngelis Diamond
Construct' n, LLC, a Florida limited liability company, on behalf of the company. He is
personally known to me or has produced as identification.
No ublic, State f F orida
Sln61�,a.� - Akedit
Printed/Typed or Stamped Name
My Commission Expires:
Commission/Serial No.: FL rit'— C.°
"0"' SHEILAH K.MATURO
---14,y- Notary Public-State of Florida
N« ` « •c My Comm. Expires Mar 3,2016
F.—��.r Commission#EE 172486
Bonded Through National Notary Assn.
9
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1
Exhibit `A'
Temporary Parking Access
moo .
t: •eri€tage Bay Commons
o
Tract G
Pkat Book 43
b.g Pages 46-52
11 'itft
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. « £ i i
OR Book 3855
Page 878
150'x150'
1111 «}.7,
Temporary
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Parking Access
vas wxx� - °J y;,7
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TRACT "G" q
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N90'00'00"E
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I 150.00'
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No o IUTIUTY EASEMENT o 0
� I to
1 m [I.LAL
IT I——150.00'——1 .
I-590'00'00"W-� T
POINT OF BEGINNING
- 100" 5.W CORNER OF 1RACT'G'
TRACT "1I"
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DESCRIPTION: `' 1— _G-<
A PARCEL OF LANG SITUATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF TRACT "G" OF "HERITAGE BAY COMMONS", A SUBDIVISION AS RECORDED" 1
IN PLAT BOOK 43, PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, FOR A POINT OF
E BEGINNING AND RUN NORTH 00'50'35- WEST ALONG THE WEST LINE OF SAID TRACT "0", A DISTANCE OF 150.00
n FEET; THENCE RUN NORTH 90'00'00 EAST, A DISTANCE OF 150.00 FEET; THENCE RUN SOUTH 00'50'35" EAST. A
DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT "G"; THENCE RUN SOUTH
i 90'00'00" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 150.00 FEET TO THE SAID POINT OF BEGINNING. ,
$ SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONTAINING 22,497.56 SQUARE FEET OR 0.516 ACRES OF LAND. MORE OR LESS.
S
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Am
NOTES: sa
N 1. THIS IS NOT A SURVEY. SURVEYOR'S CERTIFICATION:
H 2. BEARINGS ARE BASED ON THE PLAT OF
,;, HERITAGE BAY COMMONS.
n 3. SUBJECT TO EASEMENTS, RESERVATIONS �� E _ ..,\�\
AND RESTRICTIONS OF RECORD. Barry � � ^^L8+642)
- 0 � Florida Certificate No.,,5365.
LEGEND: 1CGRAPHSCALE IN FEEr1 Dot.sign.d 45.P '
8 aL.B.E. = LANDSCAPE BUFFER EASEMENT Not valid-without the signature and the original rased
si si 'seal of a.Flarido UcsgwedS,ir:Tr.-and Mopp.r.
2350 STANFORD COURT
J Q1 u11 J��T\T C NAPLES.PHONE (239}FLORIDA 34112 SKETCH AND DESCRIPTION
tFAJ\ 434-0333
ENGINEERINGE.B. (239) 434-9320 a,, r CTtMO. f NO. ISC:4E rT
E.B. 11642 do L.B. X647 6/2005 17.0055121 23-46-26 1'i- 100' 1 OF 1
C.:-;.\: