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Parcel 107A, 107B, 107CCOLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING 8,: CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE MEMORANDUM DATE: TO: FROM: RE: April~, 2003 Sue Filson, Executive Manager - BCC File ~~ Lorraine Rossi, Right-of-Way Property Acquisition Speci Phone number: 239-213-5843 Immokalee Road, Phase 2 - Parcels # 107 A, B and C (folio # 00190320001, 00190360003, and 00191000003) Attached please find the original Purchase Agreement for Immokalee Road Phase 2 - Project 60018 for execution by Chairman Tom Henning. This property is part of the acquisition approved by the BCC pursuant to Resolution No. th 2001-450, November 27 , 2001 the Agenda Item Number was 16B5. The Account Number is 313 163673 Please sign this Agreement on behalf of the Purchaser (BCC) and forward to Minutes and Records Management for attestation by the Clerk of the Board. Thank you! PROJECT: PARCEL: FOLIO Nos.: 60018 107ABC a portion of 00190320001,00190360003 and 00191000003 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this. aC,& day of __~.~.l ~ - , 2003, by and between CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, fka Grand Land Initiative of Naples L.L.C. and successor by merger to Grand Land Initiative, Inc. a former Illinois corporation (hereinafter referred to as "Owner"), whose address is 33 N Dearborn Street, Suite 1610, Chicago, IL 60602-3102, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $378,000 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and including attorney fees in the amount of $3,000.00 payable to Goodlette Coleman & Johnson PA Trust Account and including engineering fees in the amount of $4,300.00 previously paid to WilsonMiller, Inc. and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, a nd t hat therefore C losing s hall occur b y April 3 0, 2 003, however, t hat Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. A t C losing, Purchaser s hall deliver t he County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. If Owner is unable to obtain the documents described in Paragraph 3 by April 30, 2003, this Agreement shall be void unless extended by Purchaser. Purchase Agreement Purchase Agreement Page 2 o o o 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property during the owners ownership of the property except as specifically disclosed to the Purchaser; that the Owner has no actual knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no actual knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. T his provision s hall survive Closing for a period of one year and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing for a period of one year and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Purchase Agreement Page 3 11. Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. this IN WITNESS W HEREOF, the parties hereto have executed this Agreement on ~ day of ~ ,2003. Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27th, 2001. AS TO PURCHASER: DATED: AS TO OWNER: DATED: itness (Signature) Witness (Si~.~ture).~ Name: (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIERZNTY.~::A° BY: ,,-,,J~7~'-'''~ ~"'-- - ~ Tom Henning, Chairman 0 BY: CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, fka Grand Land Initiative of Naples L.L.C. and successor by merger to Grand Land Initiative, Inc. a former Illinois corporation Managing Mer~ber (Print or type) Address: ~3 ~ ~ ~~1_~.'~/~/¢ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney FEE SIM~LE ~TEREST PARCEL'# 107A R/W NORTH LINE OF SECTIgN 25 IMMOKALEE ROAD S.R. 84-6 EXHIBIT/ Pall* __/ of,.~,. III II I"' Il IIi 301 f~ O.N. 2~f,17, PO. 70 III Notes: 1. This is not o survey. 2. Bosis of bearing is N/A. .3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.04 feet, together with the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Easterly 479.0§ feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 2.506 acres more or less. Ii NOT TO SCALE NOT TO SCAb.E!.:..., FLA. LIC. OqO. ~'~'~4 '' NOT VALID WITHOUT THE $!6NKCUBE AND THE ORIGINAL RAISED 'SEAL' OF 'A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH ANB DESCRIPTION WlLKISON ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 25/48/26 0014.1 EAW O0-018-O0.DWG DATE SHEET FEi P6 CHECKED BY DWG. NO. 11/01 1 OF1 DJH IR-L-IO7A ,~ FEE SIMPLE INTEREST PARCEL #107B 100' NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 84'6 EXHIBIT'_. ..... Page N 2O GRAND LAND INITIATIVE OF NAPLES, LLC O.R. 2457, PG. 1857 0 50 100 150 Notes: 1. This is not a survey. 2. Bosls of beorlng is N/A. 3. Subject to easements, reserv(~tlons ond restrlctions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northeost 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Ronge 26 East, Collier County, Florid(], except the north 100 feet, (~nd the West 352.48 feet. Cont(~ining 0.558 acres more or less. ? NOT TO SCALE: j'""':~ :~:c'.:; .., ,.--' NOT VALID WlTHQUT TRE SIGNATURE AND THE ORIGINAL RAISED,.S~E,,A.L. :.OF'A FLORIDA LICENSED SURVE:YOR"ANB MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. I ENGINEERS, SURVEYORS AND. PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173' FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 25/48/26 0014.1 EAW 00-018-O0.DWG DATE SHEET 'FB PG CHECKED BY DWG. NO, 11/01 1 OF1 DJH IR-L-IO7B ~ F FEE SIMPLE INTEREST PARCEL #107C lOO' R/W -- N__ORT~, UNE OF S__ECTI_.ON 25 IMMO_KALEE ROAD S.R. 846 i EXHIBIT_ : N NOT TO SCALE. Notes: 1. This is not a survey. 2. Basis of beorlng is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with .the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Eostedy 21.3.93 feet, of the West 1/2, of the Northwest of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1.247 acres more or less. DAVID'J: -¢IY.,,~, ~,~j~OR THE 'FIRM) FLA. LIC. N~. 58,~''r,,~'' _..' · - NOT VALID WITHOUT .]'HE.SGNATURE AND THE ORIGINAL RAISED 'SEAL O¢'..A' FLORIDA LICENSED SURVEYOR-A~.D:,M~PPER SKETCH AND DESCRIPTION WlLKISON &: AS ClATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104- (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. AS NOTED 25/48/26 0014.1 DATE SHEET FB PO 10/01 1 OF1 DRAWN BY FILE NAME EAW 00--01 8-O0.DWG CHECKED BY DWG. NO. DJH IR-L-107C J COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE MEMORANDUM DATE: TO: FROM: RE: April 30, 2003 Minutes and Records Lorraine Rossi, Right-of-Way Property Acquisition Specia?Jas....~~ Phone number: 239-213-5843 Immokalee Road Expansion Phase 2 - Parcel 107 ABC Enclosed please find the original recorded Warranty Deed and original recorded Partial Release of Mortgage, and 6 original recorded Amended Notices of Commencement for Immokalee Road Phase 2 - Project 60018, Parcel #107 ABC - previously owned by the Calusa Pines Golf Club, LLC. This parcel was acquired according to a BCC Resolution number 2001-450, dated November 27th, 2001, agenda item 16(B)5. The Parcel Closed on April 18, 2003. The Folio Numbers for these parcels are: 00190320001, 00190360003 and 00191000003. 268fi South Horsoshoo Drivo, Suito 214, Naplos, Florida :34104 Phono: (239) 213-5843 FAX: (239) 213-6885 e-mail: LorraineRossi @ Colliergov.net PROJECT: PARCEL: FOLIO Nos.: 60018 107ABC a portion of 00190320001, 00190360003 and 00191000003 3167514 OR: 3269 PG: 1237 RBCONDSD {n OFFICIAL RB¢ORDH 0[ COLLISi COUNTY, FL 04/lStZ00a at 10:SaAM {)WIGHT g. BROCK, CLERK iBC FBE 24.00 COl'lBS ~.00 Retn: ?SC#/RIC, HY OF WAY AC{)UISI?IONS IN'I'BROFFICB-SOUTH HORSBHHOB PARTIAL RELEASE OF MORTGAGE THIS PARTIAL RELEASE OF MORTGAGE is given this 25th day of March , 2003 by ORLON BANK, a Florida Banking Corporation, successor by merger to Gulf Coast National Bank, whose address is 3838 Tamiami Trail North, Naples, Florida 34103 (hereinafter referred to as "Mortgagee"), in favor of Collier County, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as "Collier County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage dated October 4, 2000 by and between Calusa Pines Golf Club, L.L.C., a Florida limited liability company, 951 Land Partners, L.L.C., a Florida limited liability company and Mortgagee, recorded on October 13, 2000, in Official Records Book 2732, Page 0161 et seq; and that certain Notice of Future Advance and Extension of Payment Agreement dated October 15, 2002, by and between CALUSA PINES GOLF COURSE, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples L.L.C. and successor by merger to Grand Land Initiative, Inc. a former Illinois corporation, and 951 Land Partners, L.L.C, a Florida limited liability company, and Mortgagee, recorded on October 22, 2002, in Official Records Book 3135, Page 2873 et seq. of the Public Records of Collier County, Florida, and (hereinafter collectively referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, County has requested from the owner of the Encumbered Property a fee simple interest in a portion of the Encumbered Property, which portion of the Encumbered Property is legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference (which premises are hereinafter referred to as the "Parcel"); and WHEREAS, the owner of the Encumbered Property has agreed to convey said Parcel to County; and WHEREAS, County has requested that Mortgagee release the Parcel from the lien of its Mortgage to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby release and exonerate the Parcel from the lien and operation of its Mortgage, provided however said Mortgage shall remain in full force and effect except as to the released premises (the Parcel). IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY ~ COLLIER COUNTY. FLORIOA, I~JR~I~ TO THE 1~1~18 ~ OR: 3269 PG: 1238 WITNESSES: (~,¢nature) "J % Joanne Hufford (Print Full Name) (si~Jnature) Rhonda Green (Print Full Name) ORION BANK, a Florida Banking Corporation, successor by merger to Gulf Coast Nationa~L (Signature) Vice President (Title) Eric E. Eberhardt (Print Name) STATE OF Florida COUNTY OF Collier The foregoing 25th day of merger to Gulf Coast National Bank, who: x is personally known to me OR __ produced (affix notarial seal) Partial Release of Mortgage was acknowledged before me this March 2003, by Eric E. Eberhardt on behalf of Orion Bank, A Florida Banking Corporation, successor by as proof of identity. (Sighature of Not~.r~ ~ublic) Rhonda [. Green (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: ll~~o,~,0cs24734 I! ¢~ ]1~ ~ ~::,, April 8, 2003 /I II,~'~:~., RHONDA K. GREEN ~J :.: :~ MY COMMISSION ~ CC 824734 /! ~ ~¢ ~ ,~ EXPIRES: April 8, 2~3 J ~ ....... Bonded Thru Note~ Public Und~riters FEE SIMPLE INTERF~T PARCEL'# 107A EXHIBIT Pegs) ~/ of.~_.. R/W NORTH LINE OF.~SEC...~N 25 IMMOKALEE ROAD S.R. 846 O.R. 24~e, PO. 301 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPT ON: N 479.06' O.& 2517, PO. 70 NOT TO SCALE NOT TO SCAkE: The Northerly 79.04 feet, together with the Southerly 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, ~AVlD a. ,~;~A~t,.t~.'. (FO~ .~'E .iF~RM) Collier County, Florida, except the north 100 feet FLA. LIC. g~(IO. thereof. Containing 2.506 acres more or less. NOT VALID WITHOUT THE ..S!GNA]~URE AND THE ORIGINAL RAISED 'SEAL' OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WlLKISON ASSOCIATES INa, ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94.1) 643-2404- FAX NO. (941) 64-3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE AS W.O. NO. DRAWN BY FILE NAME 25/48/26 0014.1 EAW O0-018-O0.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 11/01 I OF 1 DJH IR-L-IO7A ;-- FEE SIMPLE INTERF, ST / "~,~ ~.,~ PARCEL # 107B NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R.' '846 EXHIBIT Page & of_,_~..~ 2O GRAND LAND INITIATIVE OF NAPLES, LLC O.R. 2457, PG. 1857 0 5O 100 150 Notes: i. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet, end the West 552.48 feet. Containing 0.558 acres more or less. 352.48' EXCEPTION--- NOT TO SCALE: THE ORIGINAL RAIS~D,.~ :OF'A FLORIDA UCENSED SUR~YOR"AND MAPPER SKETCH AND DESCRIP~ON WILKISON ASSOCIATES IC.~ ENGINEERS, SURV~ORS AND P~NNERS 5506 EXCHANGE AVE. NAPLES, F~. 54104 (~4~) ~4~-2404 r~ NO. (94~) S4~-5~7~' FLORIDA BUSINESS LICENSE NO. LB5770 ', SCALE SEC/SUB ,W.O. NO. DRAWN BY FILE NAME AS NOTED 25/4.8/26 0014,1 EAW O0-018-O0.DWO DATE SHEET 'FB PG CHECKED BY; DWG. NO. 1 OF1 DJH IR-L-IO7B ,,2 .j I- FEE SIMPLE INTI~REST PARCEL #107C lOO' R/W _ N_..ORTH LINE OF S.._ECTi....ON 25 IMMO_KALEE ROAD S.R. 846 EXHIBIT.. _. N NOT TO SCALE. Notes: 1. This is not a survey. 2. Basis of bearing is N/A. ,3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.93 feet, of the West 1/2, of the NorthWest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florido, except the north 100 feet. Containing 1.247 ocres more or less. SCALE AS NOTED SEC/SUB 25/48/26 DATE SH~.g ! o/ol 1 OF1 NOT TO SCALE: DAVID'J: 'RYfi~f3', ~.~0R THE 'FIRM:) NOT VALID WITHOUT LTHE:SIGNA'TURE AND THE ORIGINAL RAISED SEAL O~'...A' FLORIDA LICENSED SURVEYOR AN..D:,MAPPER SKETCH AND DESCRIPTION WILKISON &: ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 6¢3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 W.O. NO. DRAWN BY FILE NAME 0014.1 LAW 00-018- O0.DWG FB PG CHECKED BY DWG. NO. DJH IR-L-107C PROJECT: 60018 PARCEL: 107ABC FOLIO Nos.: a portion of 00190320001, 00190360003 and 00191000003 3167515 OR: 3269 PG: 1242 RNCORDBD in O}'[qCI~L RNCONDH of COLLIBI COUI{YY, FL 04/18/2003 at IO:SZAM DWIGHT m. BROCK, CLBR[ RBC FB! 33.00 COPIBS 7.00 #ISC 1.00 Retn: YB¢#/RIGi{Y OF WAY AC~UISI?ION$ IN?BROFHCB-SOUYH HORSBSHOB AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 3032, PAGE 1190. WHEREAS, CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation. (hereinafter "Owner") is the Owner of that land described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as the "Owners Property;" and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County") a fee simple interest in the land described in Exhibit "B", hereinafter referred to as the "Parcel" for the construction of right-of-way; and WHEREAS, Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement; and WHEREAS, HOUCHIN CONSTRUCTION, (hereinafter "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above-referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, an Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby informs all concerned that that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. Description of Property: See Exhibit "A" Owners Property LESS Exhibit "B" Parcel Site Address: Immokalee Road and Woodcrest Drive IMPROVEMENT: PUMP BUILDING, FUEL ISLAND, EOUIPM, E,.NT .WA~Q~N (ACCE$SO~¥,S~RUCTURES) Property Owner: CALUSA PINES GOLF CLUB, L.L.C., a-Floriaa limiYeomlaDtmy corpora[~on, T/K/a ~rana Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation 33 N Dearborn Street, Suite 1610 Chicago, IL 60602-3102 Contractor: HOUCHIN CONSTRUCTION 700 Industrial Blvd. Naples, FL 34104 Surety: None Bond: None Lender: ORION BANK 3838 Tamiami Trail, North Naples, FL 34101 Name & Address of persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a)7, Florida Statutes. In addition to himself, Name & Address of persons Owners designates to receive a copy of Lienor's notice as provided in Section 713.13(1 ) (b), Florida Statutes. Expiring date of Notice of Commencement: (the expiration is one (1) year from the date of recording the Notice of Commencement, unless otherwise specified): IN WITNESS WHEREOF, the parties to this Amended Notice of Commencement have hereunto set their signs and seals: OR: 3269 PG: 1243 As to Owner WITNESSES: (Signature) (Signature) CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation ~',d~i-,t, ':is_x' Pre_.ide..~. (Print Name) STATE OF FLORIDA COUNTY OF COLLIER The forgoing Amended Notice of,43omme~__n, cement wa~s acknowledged before me this....¢ 7 day of ~I~((~V , 2003, by~.'/--t,,CL~/~?/Cc'fE_. ~'.'~C~.~/t~j¢.k~, Dq~,d,l~'¢( on behalf of CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, bbC., and successor by merger to Grand Land In, jt-igtive, Inc., a former Illinois corporation, who is personally known to me or who has produced / /,--~ype of identification] as identification. '~_ ~__) ,~ (affix notarial seal) ~ .~ ,..~/ ~ .... - - ~ ~ - ...... (Signature o~/Ndtary Public) %¢,~ EXPIRES' Janua~ 19 2~7 ~ ' ~ I' ' ~( ~ Pnnt Name of Notar Pub ~c I' '~"__ ~'""~_ - ~ ~ tJ Seria / Comm ss on ¢ (f any): My Commission Expires: As to Contractor (Signature)//' ~ (Print Fj~ Name) ' ' ~;l~¢h'~t~r e ) (Print Full Name) HOUCHIN CONSTRUCTION (Signature) (Title) (Print Name) STATE OF ~t'~ COUNTY 0~~' T~I~ forgoi[lg Amended Notice of Con~m(~qcemc_nt,.v~Las acknowledged ~e~pr,~rne this ~--~O~' ;.\ , 2003, by ~]~,. ~,"~, t~ 1~-ec~C% ,--,.,.. . HOU'~H]N (~ONSTRUCTION, who: ..... ' ' v//is personally known to me OR __ produced ~ day of on behalf of ,em~.~, A d dana R Drlscoll My ~ DD1485"'/2 ·:~4~o~ ~) ExCms Segtember 03, 200~ OR: 3269 PG: 1244 (affix notarial seal) (Signature of Notary Public) (Pr~nt'l~e of ~-"~t~-'~ Serial / Commission # (if any): My Commission Expires: EXHIBIT "A" OR: 3269 PG: 1245 LEGAL DESCRIPTION - Parent Tract (Abbreviated as per tax rolls) 25-48-26 The 25-48-26 The 25-48-26 The 25-48-26, The 25-48-26 The 25-48-26 The West ½ of NW ¼ of NW ¼, Less R/W, Collier County, Florida. AND East ½ of NW ¼ of NW ¼, Less R/W, Collier County, Florida. AND West V2 of SW ¼ of NW 1/4, Collier County, Florida. AND East ½ of SW tA of NW ¼, Collier County, Florida. AND West tA of SE ¼ OF NW ¼, Collier County, Florida. AND East ½ of SE ¼ of NW ¼, Collier County, Florida. AND 25-48-26 The West ½ of NW ¼ of NE ¼, Less R/W and West ½ of SW ¼ of NE ¼, Collier County, Florida. AND 25~48-26, The North ½ of West ¥2 of NW ¼, Collier County, Florida. AND 25-48-26, The North ½ of South V2 of NW ¼ of SW ¼ 5.00 Acres in OR 1192, PG 1127, Collier County, Florida. AND 25-48-26 The South ½ of South 1/2 of West ½ of NW ¼ of SW ¼, Collier County, Florida. AND The East ½ ofNW ¼ ofSW ¼, Less North 30' & East 30', Collier County, Florida. AND The West ½ of NE ¼ of SW V4, 20 acres, Collier County, Florida. AND 25 -48-26 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26, 25 -48-26, 25-48-26, AND 25 -48-26, 25-48-26, The The The The The The The The East ½ of NE ¼ of SW Va, Less North & East 30', Collier County, Florida. AND West ½ of NW ¼ of SE ¼, Collier County, Florida. AND North V2 of North V2 of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND South ¥2 of North ½ of East ½ of NW V4 of SE V4, Collier County, Florida. AND North ½ of South ½ of East ½ of NW ¼ of SE iA, Collier County, Florida. AND South ½ of South ½ of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND West ½ of NW ¼ of NE ¼ of SE ¼, Collier County, Florida. AND East ~A ofNW ¼ of NE ¼ of SE ¼, SW ¼ of NE ¼ of SE Y4, Collier County, Floritta. The NE % of NE ¼ of SE ¼, 10 acres, Collier County, Florida. AND SE ¼ of NE ¼ of SE ¼, 10 acres in OR 1168, PG 255, Collier County, Florida. AND 25-48-26, The East ½ of SW ¼ of SW ¼, Collier County, Florida. AND 25-48-26, The West V~ of SE ¼ of SW ¼, 20 acres in OR 109, PG 471, Collier County, Florida. AND 25-48-26, The East ½ of SE ¼ of SW ¼ + West ½ of SW ¼ of SE ¼, 40 acres in OR 1239, PG 1156, Collier County, Florida. AND 25-48-26, The East ½ of SW ¼ of SE ¼, Collier County, Florida. AND 2548-26, The NW ¼ of SE ¼ of SE ¼, North ½ of SW Va of SE ¼ of SE ¼, 15 acres in OR 1153, PG 1191, Collier County, Florida. AND 36-48-26, The North ½ of NE ¼ of NW ¼, 20 acres, Collier County, Florida. AND 36-48-26, The North ½ of NW ¼ of NE ¼, 20 acres, Collier County, Florida. AND 25-48-26, The West lA ofNW Vn of NE ¼, Less RAW and West ½ of SW lA of NE¼, Collier County, Florida. ,1¢1II FEE SIMPLE INTEREST PARCEL'~107A' EXHIBIT'.: ,_,. Page /. of,.~,~: ,. i§ Iii Notes: R/W NORTH LINE OF SECTION 25 I M M-O-~'~L~ E-" I~OA~) S.R. 846 479.06' o.~. J517, PG. 70 N NOT TO SCALE 1. This Is not o survey. 2. Basis of bearing is N/A. 3. Subjec[ to easements. reservations and restrictions of record. DESCRIPTION: The Northerly 79.04 feet, together wlth the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Easterly 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florido, except the north 100 feet thereof. Containing 2.506 acres more or less. NOT TO SON:E: ,I ': DAVID ;~. )~A'P~',.~I~... (F.'O~ TI~'~ :~R~) FLA. LIC.~O. J~<l~4 "' ~' "' NOT VALID WITHOUT THE._S]GNAYU~E AND THE ORIGINAL RAISED 'SEAL' ~)F 'A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WlLKISON ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3508 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. AS NOTED 25/48/26 0014.1 DATE SHEET FB PG 1 OF1 DRAWN BY FILE NAME RAW O0-018-O0.DW~ CHECKED BY' DJH DWG. NO. IR-L-IOTA I- FEE SIMPLE INTEREST PARCEL' Ct 107ti j100' NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. '84..6 EXHIBIT. . N 0 5O lO0 150 Notes: 1. This ls not a survey. 2. Basis of bearing is N/A, 3, Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northecst 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Rcnge 26 East, Collier County, Florid(], except the north 100 feet, end the West 552.48 feet. Containing 0.558 acres more or less. SCALE AS NOTED 352.48' EXCEPTION---- SEC/SUB' . W.O. NO. DRAWN BY FILE NAME NOT TO SCALE; NOT VALID WITHQUT 'I'RE SIGNATURE AND THE ORIGINAL RAISED ~.S,[,~ .~.0~" A FLORIDA LICENSED SURVEYOR"AND MAPPER SKETCH AND DESCRIpTIoN WILKISON ASSOCIATES INC, ~1 ENGINEERS, SURVEYORS AND PLANNERS. 3506 EXCHANGE AVE. NAPLES, 'FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 25/48/26 0014-.1 1 OF1 EAW 00-018-O0.DWG DJH ; DATE SHEET 'FB PG CHECKED BY' DWG. NO. 11/01 IR-L-IO7B FEE SIMPLE INTEREST PARt~EL'#107C .' loo' R/W I __ N__ORTH LINE OF S__ECTI._ON 25 IMM{~ALEE ROAD. S.R. 84-6 EXHIBIT_ N NOT TO SCALE Notes: 1. Thls is not a survey. 2. Basis of. beorlng is N/A. 3. Subject to easements, reservotlons and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together wlth 'the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 21.3.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1,247 acres more or less. SCALE AS NOTED NOT TO SCALE: DAVID'~J~ ~Y,,~, ~~oR THE 'FIRM) FLA. LIC. N~. 58,~':~'"..: : . I ' NOT VALID WlTH(~UT ;,THE~SIGNA'TURE AND THE ORIGINAL RAISED SEAL 01['...A' FLORIDA LICENSED SU RVE¥OR: A~ .D:. :M _ApPER SKETCH AND DESCRIPTION WlLKISON &: ASSOCIATES INC. Ia ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 ' SEC/SUB . W.O. NO. DRAWN aY FILE NAME 25/48/26 0014.1 RAW DATE SHEET FB PO CHECKED BY O/Ol 1 OF1 DJH O0-018-O0. DWG DWo'. NO. IR-L-1 07C ,,~ J PROJECT: 60018 PARCEL: 107ABC FOLIO Nos.: a portion of 00190320001, 00190360003 and 00191000003 3167516 OR: 3269 PG: 1249 RSCORDID in OHI~IAL P~CORD~ of COLLIER CO[JNTY, ~L 04/18/2003 et I0:~aA~ DM~ S. BROCi, CLSRI RlC rE! 33.00 COPIES 7.00 #I$C 1,00 eetn: ?BC#/RIGII~ O~ WAY AC~OISI?IOXS IF~SROHICB-SOIJ?ll AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 3156, PAGE 2453. WHEREAS, CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/Ida Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation, (hereinafter "Owner") is the Owner of that land described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as the "Owners Property;" and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County") a fee simple interest in the land described in Exhibit "B", hereinafter referred to as the "Parcel" for the construction of right-of-way; and WHEREAS, Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement; and WHEREAS, HOUCHIN CONSTRUCTION, (hereinafter "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above-referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, an Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby informs all concerned that that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. Description of Property: See Exhibit "A" Owners Property LESS Exhibit "B" Parcel Site Address: Immokalee Road and Woodcrest Drive IMPROVEMENT: ~'~.I~A Property Owner: PINES GOL~B;'C.L~8~da limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation 33 N Dearborn Street, Suite 1610 Chicago, IL 60602-3102 Contractor: HOUCHIN CONSTRUCTION 700 Industrial Blvd. Naples, FL 34104 Surety: 100% Bond: None Lender: N/A Name & Address of persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a)7, Florida Statutes. In addition to himself, Name & Address of persons Owners designates to receive a copy of Lienor's notice as provided in Section 713.13(1) (b), Florida Statutes. Expiring date of Notice of Commencement: (the expiration is one (1) year from the date of recording the Notice of Commencement, unless otherwise specified): IN WITNESS WHEREOF, the parties to this Amended Notice of Commencement have hereunto set their signs and seals: OR: 3269 PG: 1250 As to Owner WITNESSES: (~q'gnature) Full Name) (Signaturb) ~// (Print Full Name) CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/Wa Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a fo/[~er Illinois corporation ,- r~$:,~en~ . !_e. reside.".. (Print Name) STATE OF FLORIDA COUNTY OF COLLIER The forgoing Amended Notice of Commencement was ac..~nowledgnd before me this 4/0-/ day of ~;~{ on behalf of CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land I~e, Inc., a former Illinois corporation, who is personally known to me or who has produce~ / ~ ~pe of identification] as identification. ~~- ~~ (affix notarial seal) ~_~ ~~ . ~_. (Signature o/o/ry~ Public) I/~ :'~,;~ MY COMMISSION ¢ DD 17~76 J[ (Print Name of Notary Public) ~'~:-. ~ E~PIRES:Janua 19 2007 ll~¢;` ,,,.,.,t,,,,o,~:~%,. Il Ser,al / Comm,ss,on fl (,f any). '~ ..... I ' .... -- -- __][ My Commission Expires: As to Contractor (Signature)//, (Print F~ Name) (Si~atuFe) (Print Full Name) HOUCHIN CONSTRUCTION (Signature) (Title) (Print Name) STATE OF COUNTY OF Tl~.~forgoi.n¢ Amended Notice of Commencement was acknowledged ~.e}for~:~me this HOU~IIN CONSTRUCTION, who: V//is personally known to me OR c~ day of on behalf of __ produced (affix notarial seal) ~¢~ig~'~r~ of N "' ' . (15rir~t Name-of ~otar~, Public) Serial / Commission # (if any): OR: 3269 PG: 1251 My Commission Expires: OR: 3269 PG: 1252 EXHIBIT "A" LEGAL DESCRIPTION - 25-48-26, The 25-48-26, The 25-48-26, The 25-48-26, The 25-48-26, The 25-48-26, The Parent Tract (Abbreviated as per tax rolls) West ½ of NW ¼ of NW ¼, I~ess R/W, Collier County, Florida. AND East ½ of NW ¼ of NW ¼, Less R/W, Collier County, Florida. AND West ½ of SW ¼ of NW 1/4, Collier County, Florida. AND East ½ of SW ¼ of NW ¼, Collier County, Florida. AND West ½ of SE ¼ OF NW ~¼, Collier County, Florida. AND East I/2 of SE ¼ of NW ¼, Collier County, Florida. AND 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26 25 -48 -26 25-48-26 25-48-26 AND 25-48-26, 25-48-26, 25-48-26, The West ½ of NW ¼ of NE ¼, I.ess R/W and West ½ of SW IA of NE ¼, Collier County, Florida. AND 25-48-26, The North lA of West 1/2 of NW ¼, Collier County, Florida. AND 25-48-26, The North ½ of South l/a of NW ¼ of SW ¼ 5.00 Acres in OR 1192, PG 1127, Collier County, Florida. AND 25-48-26 The South ½ of South ½ of West Va of NW lA of SW ¼, Collier County, Florida. AND The East I/a ofNW ¼ ofSW ¼, Less North 30' & East 30', Collier County, Florida. AND The West l/a of NE ¼ of SW ¼, 20 acres, Collier County, Florida. AND The East ½ of NE ¼ of SW I/4, Less North & East 30', Collier County, Florida. AND The West ½ of NW IA of SE ¼, Collier County, Florida. AND The North ½ of North ½ of East ½ of NW ¼ of SE lA, Collier County, Florida. AND The South Va of North ½ of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND The North ½ of South 1/a of East ½ of NW ¼ of SE ¼,.Collier County, Florida. AND The South 1/2 of South Y2 of East Va of NW ¼ of SE ¼, Collier County, Florida. AND The West ½ of NW ¼ of NE ¼ of SE ¼, Collier County, Florida. AND The East ½ ofNW ¼ of NE ¼ of SE ¼, SW ¼ of NE ¼ of SE ¼, Collier County, Flori~la. The NE ¼ of NE ¼ of SE ¼, 10 acres, Collier County, Florida. AND SE ¼ of NE ¼ of SE ¼, 10 acres in OR 1168, PG 255, Collier County, Florida. AND 25-48-26, The East ½ of SW lA of SW ¼, Collier County, Florida. AND 25-48-26, The West V~ of SE ¼ of SW IA, 20 acres in OR 109, PG 471, Collier County, Florida. AND 25-48-26, The East ½ of SE IA ofSW ¼ + West ½ ofSW ¼ of SE Va, 40 acres in OR 1239, PG 1156, Collier County, Florida. AND 25-48-26, The East ½ of SW ¼ of SE ¼, Collier County, Florida. AND 25-48-26, The NW ¼ of SE ¼ of SE ¼, North ½ ofSW ¼ of SE ¼ of SE ¼, 15 acres in OR 1153, PG 1191, Collier County, Florida. AND 36-48-26, The North ½ of NE I/4 of NW ¼, 20 acres, Collier County, Florida. AND 36-48-26, The North ½ of NW ¼ of NE lA, 20 acres, Collier County, Florida. AND 25-48-26, The West ½ of NW ¼ of NE lA, Less R/W and West ½ of SW ~¼ of NEIA, Collier County, Florida. r' FEE SIMPLE INTEREST P/LRCEL;# 107A i' 100' R/W NORTH LINE OF SECTION 25 I MOKALEE' ROAD PROJECT: 60018 PARCEL: 107ABC FOLIO Nos.: a portion of 00190320001, 00190360003 and 00191000003 EXHIBIT- _.,. Page .... / 3167516 OR: 3269 PC: 1249 ItBCORDBD In O~FIClAL R~COIID8 of COLLIBIt COlIN?Y, 04/18/2003 at; 10:53111( DMIGII~ S. BROCK, CLHRK RBC FBi 33.00 COPIBS 7.00 #I8C 1.00 Re n: TSC#/R~C~H~ O! #A! AC~OISI?IONS IIITBROFFICB-SOUTH HORflSHO! AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 3156, PAGE 2453. WHEREAS, CALUSA PINES GOLF CLUB, L.L.~., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation, (hereinafter "Owner") is the Owner of that land described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as the "Owners Property;" and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County") a fee simple interest in the land described in Exhibit "B", hereinafter referred to as the "Parcel" for the construction of right-of-way; and WHEREAS, Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement; and WHEREAS, HOUCHIN CONSTRUCTION, (hereinafter "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above-referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, an Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby informs all concerned that that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. Description of Property: See Exhibit "A" Owners Property LESS Exhibit "B" Parcel Site Address: Immokalee Road and Woodcrest Drive IMPROVEMENT: I I R Property Owner: (~'~I¢_]~A ~h'~ '~L~:)~,A~.L.~., [a[~ol)ida limited liability corporation, f/Ida Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation 33 N Dearborn Street, Suite 1610 Chicago, IL 60602-3102 Contractor: HOUCHIN CONSTRUCTION 700 Industrial Blvd. Naples, FL 34104 Surety: 100% Bond: None Lender: N/A Name & Address of persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a)7, Florida Statutes. FEE SIMPLE.INTEREST PARCEL #107B ,1 100' R/W NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 84-6 EXHIBIT Page__~ o~... 2O GRAND LAND INITIATIVE OF NAPLES, LLC O.R. 24.57, PG. 1857 0 50 .100 150 Notes: 1. This Is not o survey. 2. Bosls of beorlng Is N/A. 3. Subject to eosements, reserv(]tlons ond restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northe(]st 1/4, of the Northwest 1/4, of Sectlon 25, Township 48 South, R(]nge 26 Rest, Colller County, Florid(], except the north 100 feet, (]nd the West .:352.48 feet. Cont(]lnlng 0.558 (]cres more or less. SCALE SEC/SUB ,W.O. NO. AS NOTED 25/48/26 0014.1 DATE SHEET 'FB PG ll/Ol 1 OF1 552.48' EXCEPTION--.. NOT TO SCALE; - NOT VALID WITHQUT THE SION'ATORE AND THE ORIGINAL RAISED,.S,E~L..LO~"A FLORIDA LICENSED SURVEYOR'AND MAPPER SKETCH AND DESCRIpTIoN WILKISON ASSOCIATES INC. ~i ENGINEERS, SURVEYORS AND. PLANNERS · 3506 EXCHANGE AVE. NAPLES, FLA. (941) 643-2404 FAX NO. (941) 843-5173' FLORIDA BUSINESS LICENSE NO. LB5770 DRAWN BY FILE NAME RAW CHECKED BY DJH 00-018-O0.DWG DWG. NO. IR-L-IO7B ~ r- FEE S ,IMP,.LE,INTEREST PARCEL #107C S.R. 846 EXHIBIT_ N NOT TO SCALE. Notes: 1. This Is not a eurvey. 2. Boele of beorlng ie N/A. 3. Subject to edsements, reeervotlons (]nd restrlctione of record. DESCRIPTION: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, R(]nge 26 Host, Collier County, Florida, except the north 100 feet. ConteMlng 1.247 ocres more or less. SCALE AS NOTED NOT TO SCALE: DAVID'U: 'RY.,eJeCT, 'T=~oR THE FIRM) FLA. LIC. N~ 58,~,~¢'".~'' .. .: .-' . NOT VALID WITHOUT 71'HEi'SI.~NA'TURE AND THE ORIGINAL RAISED "SEAL OI~,.A' FLORIDA LICENSED SURVEYOR.i A.N. ,D:, ~M_Ap, p£R SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENS[ NO. L95770 SEC/SUB 25/48/26 ·W.O. NO. DRAWN BY FILE NAME 0014.1 HAW DATE SHEET FB PO CHECKED BY lO/Ol 1 OF1 DJH 00-018-O0. DWG DWG. NO. JR-L-1 07C PROJECT: 60018 PARCEL: 107ABC FOLIO Nos.: a portion of 00190320001, 00190360003 and 00191000003 3167517 OR: 3269 PG: 1256 ilI¢OIlDID in OFFICIAL IIB¢OIIDS of COLLINR COON?Y, FL COPIBS 6.00 MINe 1.00 Retn: ?SCM/RIC, H? OF WAY ACQUISIYIONS IF~SROF{I~-SOUTH HORSBSHOB AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 3209, PAGE 1023. WHEREAS, CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C~, and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation, (hereinafter "Owner") is the Owner of that land described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as the "Owners Property;" and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County") a fee simple interest in the land described in Exhibit "B", hereinafter referred to as the "Parcel" for the construction of right-of-way; and WHEREAS, Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement; and WHEREAS, BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/k/a BCBE, (hereinafter "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above-referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, an Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby informs all concerned that that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. Description of Property: See Exhibit "A" Owners Property LESS Exhibit "B" Parcel Site Address: Immokalee Road and Woodcrest Drive IMPROVEMENT: RAIN,REST SHELTER Property Owner: CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation 33 N Dearborn Street, Suite 1610 Chicago, IL 60602-3102 Contractor: BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/k/a BCBE 3606 Enterprise Avenue Naples, FL 34104 Surety: l~jil~ Bond: None Lender: ORION BANK 3838 Tamiami Trail, North Naples, FL 34101 Name & Address of persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a) 7, Florida Statutes. In addition to himself, Name & Address of persons Owners designates to receive a copy of Lienor's notice as provided in Section 713.13(1) (b), Florida Statutes. Expiring date of Notice of Commencement: (the expiration is one (1) year from the date of recording the Notice of Commencement, unless otherwise specified): IN WITNESS WHEREOF, the parties to this Amended Notice of Commencement have hereunto set their signs and seals: OR: 3269 PG: 1257 As to Owner WITNESSES: (~t'gnatu re) I t Full Name) ~'~Signature) (Print Full NarrOW) CALUSA PINES GOLF CLUB, EEC., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a fof~e/r Illinois corporatio)~/) / (Print N~me)-- STATE OF FLORIDA COUNTY OF COLLIER The forgoing Amended Notice ofnCommencement was~ acknowledged before me this~'~ -7 day of /}% /4/2¢ /-~ , 2003, by U./-~ffi57-()/l'¢¢~ /~ .~)~)ttAt~¥~, /)I/:),'UtI&.,c/L_ on behalf of CALUSA PINES GOLF CLUB, EEC., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, EEC., and successor by merger to Grand Land In~'l'at. ive, Inc., a former Illinois corporation, who is personally known to me or who has produced / ~( identification] as identification. (affix notarial seal) ....... (Signature of Notcq(y/Public) i1~-'i EXPIRES:January 19 2007 /I (Print Name of Notary Public) ~" II Serial/Commission # (if any): - ~ My Commission Expires: As to Contractor WITNESSES: /(,~g nil~ure) / (Print Full Name) {¢~ig-na~u're) - (Print Full Name) BOF CO BY (Si~ (Title) (Print Name) ~ C~AIG I~RBER -,Ni~' a/k/a/~BE ~ure) ' ENGEL CONSTRUCTION STATE OF~O£1 Df} COUNTY Of ---~O The fpf'going Amended Notice of Commenceme,,nt was acknowledged b fore_ e this /~' day of ~_~ , 2003, by ~¢7'1/.~.~//~..//:~ ~ , ~~t.~ be---~alf of BORAI~CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/Wa BCBE, who: is personally known to me OR __. produced (affix notarial seal) '2d,,:"'~~'. ~ C 9163~z ~.~...~ g~bes A~i 17, 2~ 3,A '' ' Assis~t (..~ a~s proof of ident~f. (S~/¢'~atur~ of Notary P~blic) (Print r~ame of Notary Public) EXHIBIT "A" OR: 3269 PG: 1258 LEGAL DESCRIPTION - Parent Tract (Abbreviated as per tax rolls) 25-48-26, The West 1/2 of NW 1/4 of NW ¼, I~ess R/W, Collier County, Florida. AND 25-48-26, The East 1/2 of NW 1/4 of NW ¼, Less R/W, Collier County, Florida. AND 25-48-26, The West lA of SW ¼ of NW ¼, Collier County, Florida. AND 25-48-26, The East ½ of SW V4 of NW iA, Collier County, Florida. AND 25-48-26, The West 1/2 of SE ¼ OF NW ¼, Collier County, Florida. AND 25-48-26, The East ½ of SE ~/4 of NW ¼, Collier County, Florida. AND 25-48-26, The West ½ of NW ¼ of NE I/4, Less R/W and West ½ of SW ¼ of NE ¼, Collier County, Florida. AND 25-48-26, The North 1/2 of West ½ of NW ¼, Collier County, Florida. AND 25-48-26, The North l/: of South ½ of NW ¼ of SW ¼ 5.00 Acres in OR 1192, PG 1127, Collier County, Florida. AND 25-48-26, The South ½ of South ½ of West ½ of NW ¼ of SW ¼, Collier County, Florida. AND 25-48-26, The East ½ of NW ¼ of SW 1/4, Less North 30' & East 30', Collier County, Florida. AND 25-48-26, The West 1/2 of NE ¼ of SW ¼, 20 acres, Collier County, Florida. AND 25-48-26, The East ½ of NE lA of SW ¥4, Less North & East 30', Collier County, Florida. AND 25-48-26, The West ½ of NW lA of SE ¼, Collier County, Florida. AND 25-48-26, The North l/2 of North V2 of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND 25-48-26, The South ½ of North ½ of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND 25-48-26, The North ½ of South ½ of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND 25-48-26, The South lA of South V2 of East ~A of NW ¼ of SE V4, Collier County, Florida. AND 25-48-26, The West ½ ofNW ¼ of NE V4 of SE ¼, Collier County, Florida. AND 25-48-26, The East ½ ofNW ¼ of NE V4 of SE ¼, SW V4 of NE ¼ of SE ¼, Collier County, Florifla. AND 25-48-26, The NE 1/4 of NE ¼ of SE V4, 10 acres, Collier County, Florida. AND 25-48-26, SE ¼ of NE ¼ of SE ¼, 10 acres in OR 1168, PG 255, Collier County, Florida. AND 25-48-26, The East V2 of SW ¼ of SW ¼, Collier County, Florida. AND 25-48-26, The West ½ of SE ¼ of SW ¼, 20 acres in OR 109, PG 471, Collier County, Florida. AND 25-48-26, The East ½ of SE ~A of SW ¼ + West ½ of SW ¼ of SE ¼, 40 acres in OR 1239, PG 1156, Collier County, Florida. AND 25-48-26, The East ½ of SW ¼ of SE ¼, Collier County, Florida. AND 25-48-26, The NW ¼ of SE ¼ of SE ¼, North ½ ofSW ¼ of SE ¼ of SE 1/4, 15 acres in OR 1153, PG 1191, Collier County, Florida. AND 36-48-26, The North ½ of NE ¼ of NW 1/4, 20 acres, Collier County, Florida. AND 36-48-26, The North ½ of NW lA of NE ¼, 20 acres, Collier County, Florida. AND 25-48-26, The West ½ ofNW ¼ of NE ¼, Less R/W and West ½ ofSW ¼ of NE¼, Collier County, Florida. FEE SIMPLE INTEREST PARCEL ~# 107A EXHIBIT--_ _,'. III ,~ ~11 .all io I1~ II II i~OO' R/W NORTH LINE OF SECTION 25 IMMOKALEE' ROAD S.R. 8~-6' ' - I I-- 479.06 0~, 9"'17. PO. 70 N NOT TO SCALE Notes: 1. This Is not o survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrlctlons of record. DESCRIPTION: The Northerly 7g.04 feet, together with the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Easterly 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Ronge 26 East, Collier County, Florid(], except the north 100 feet thereof. Containing 2.506 acres more or less. SCALE NOT TO SCNcE: [:)AVID ;j. J~/'A"lTt,'~.. (FOI~ TH'~' :~RM) FLA. LIC. Of,,lO. ~"34 "" NOT VALID WITHOUT THE..S.!GNAyURE AND THE ORIGINAL RAISED 'SEAL' OF 'A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON &: ASSOCIATES INC. l ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 645-517.t FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUS AS NOTED 25/48/26 W.O. NO. 0014.1 DRAWN BY EAW DATE SHEET FB PG CHECKED BY' 11/01 1 OF1 DJH FILE NAME O0-018-O0.DWG DWG. NO, IR-L-107A FEE SIMPLE INTEREST PARCEL ¢¢ 107B' J 100' R/W NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846 " EXHIBIT Paee~ of..:~... 0 5O 100 150 Notes: 1. This Is not a survey. 2. Basis of bearing Is N/A, 5, Subject to easements, reservations and restrictions of record. DESCRIP~ON: The Northerly 79.06 feet, of the West 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet, and the West 552.48 feet. Containing 0.558 acres more or less. SCALE AS NOTED DATE 11/01 SEC/SUa 352.48' EXCEPTION---.- NOT TO SCALE: NOT VALID WlTHO.,UT THE SIGNATURE AND THE ORIGINAL RAISED ,.S,E~L..LO~" A FLORIDA LICENSED SURVEYOR"AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS. 3506 EXCHANGE AVE. NAPLES, 'FLA. 34.104 (941) 643-2404 FAX NO. (941) 643-5173' FLORIDA BUSINESS LICENSE NO. LB5770 25/4-8/26 ,' W.O. NO. 0014.1 'F8 PG SHEET 1 OF1 DRAWN BY EAW CHECKED BY DJH FILE NAME 00-018-O0,DWG DWG. NO. IR-L-IO7B J FEE SIMPLE INT~EREST ARCEL ~107C . . _ N_.ORTH LINE OF S_.ECTI._.ON 25 _ _ _[lYt~ O_K ALEE ROAD. S.R. 846 EXHIBIT Page~ of N NOT TO SCALE. Notes: 1. This is not o survey. 2. Basis of. bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together with .the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.95 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1.247 acres more or less. SCALE AS NOTED DATE 10/01 NOT TO SCALE: DAVID' ~J: -RY.,a~'T, ~~oiR THE 'FIRM) FLA. MC. N~ 58~'~'~ _. ,..' . NOT VALID WlTH(~UT ';.'rHE~'$1GNA.Tui~E AND THE ORIGINAL RAISED 'SEAL O~'.-A' FLORIDA LICENSED SURVEYOR CA. ~ ,D:, M _Ap, p ER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. am ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUa , W.o. NO. DRAWN BY FILE NAME 25/48/26 SHEET 1 OF1 0014.1 FB PO RAW CHECKED DJH O0-018-O0. DWG No. IR-L-107C ,~ PROJECT: 60018 PARCEL: 107ABC FOLIO Nos.: a portion of 00190320001, 00190360003 and 00191000003 3167518 OR: 3269 PG: 1262 RBCORDSD in OFFICIAL RSCORD8 of COLLIBR COIJN?Y, FL o4/18/2oo3 at 10:53A# D#I 'H? S. BROCI, CLIRK 28.~0 6.00 1.00 netn: [H?BROFF[¢B-SOU?H HORSBSHO! AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 3156, PAGE 2452. WHEREAS, CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation, (hereinafter "Owner") is the Owner of that land described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as the "Owners Property;" and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County") a fee simple interest in the land described in Exhibit "B", hereinafter referred to as the "Parcel" for the construction of right-of-way; and WHEREAS, Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement; and WHEREAS, BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/k/a BCBE, (hereinafter "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above-referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, an Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby informs all concerned that that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. Description of Property: See Exhibit "A" Owners Property LESS Exhibit "B" Parcel Site Address: Immokalee Road and Woodcrest Drive IMPROVEMENT: CLUBHOUSE Property Owner: CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation 33 N Dearborn Street, Suite 1610 Chicago, IL 60602-3102 Contractor: BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/k/a BCBE 3606 Enterprise Avenue Naples, FL 34104 Surety: ~'?o ~?~) ~ ~' ~' Bond: None Lender: ORION BANK 3838 Tamiami Trail, North Naples, FL 34101 Name & Address of persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a)7, Florida Statutes. In addition to himself, Name & Address of persons Owners designates to receive a copy of Lienor's notice as provided in Section 713.13(1) (b), Florida Statutes. Expiring date of Notice of Commencement: (the expiration is one (1) year from the date of recording the Notice of Commencement, unless otherwise specified): IN WITNESS WHEREOF, the parties to this Amended Notice of Commencement have hereunto set their signs and seals: OR: 3269 PG: 1263 As to Owner WITNESSES: (Signature) me)y ~ (Signature) / ! ~ (Print Full N'~'m~)) CALUSA PINES GOLF CLUB, LL.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, EEC., and successor by merger to Grand Land Initiative, Inc., a fo~mer Illinois corporation ,, (Print Name) STATE OF FLORIDA COUNTY OF COLLIER The forgoing Amended Notice of Commenceme.n.,t wa~ acknowledged before me this :'7 day of "'T~IQ-,L-~--¢.,_.- , 2003, by ¢---/-f/~'57o£dc_.,~ p, :J""'o#~._~t~--J, /)..-'1>i~.!/~:;~/~. behalf of CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Ini/tfi~thz~,.,Inc., a former Illinois corporation, who is personally known to me or who has produced / ~ ,/.'"~[typ"~ of identification] as identification. (affix notarial seal) ,, '-""~(Signature of/N'ot~ry Public) :: '~ =- UUMMISSION # DD 170076 Jl~..~.~o-*.} ~ ~...~ ......7_~?~ il (Pr nt Name of Notary Pubhc) ~i.~¢ x ..... : ~..uary ~. zoo7 Serial/Commission # (if any) ..... __ My Commission Expires: As to Contractor WITNESSES: (~igna~u~'e) - (Print l~ull Nar:ne) d BOR~N.~CRAIG BARBER ENGEL CONSTRUCTION co~,~ I~N q, a/k/a~BCBE (Sig~tur~ (Title) (Print Name) STATE OF COUNTY OF The,.f,org0in. g Amended Notice of ~_ommencement .was a. cknCwledged I:)efor,9 ,me this day of ~ , 2003, by ~-/-~~ /¢.../'~~ ,/,,//,,~ ~ b-'~-half of BORON CRAIG BARBER ENGEL C~NSTRUCTION CO., INC, a/k/a BCBE, who: ~//is personally known to me OR __ produced ~ as proof of identity. .,,,,.~'.¢....~.~.~,,,.,"'""'"' Joyce b. Crossett (~"/~'"~-'~,~" ~ ea ~ ~ Co~ton ~ CC9 (affix notaria s ) ~. ?~'~"'~ .% _' ' 153~natu~e of Notar~ublic) ~;~:~(~.: ~ ~ ~~ j,r~ ~~lCleflC, (Print ~ame of Notary Public) EXHIBIT "A" OR: 3269 PG: 1264 LEGAL 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26 25-48-26 DESCRIPTION - Parent Tract (Abbreviated as per tax rolls) The West 1/2 of NW ¼ of NW ¼, Less R/W, Collier County, Florida. AND The East lA of NW ¼ of NW ¼, Less R/W, Collier County, Florida. AND The West ½ of SW ¼ of NW I/4, Collier County, Florida. AND The East Y2 of SW ¼ of NW ¼, Collier County, Florida. AND The West ½ of SE ¼ OF NW ~A, Collier County, Florida. AND The East Y2 of SE IA of NW I/4, Collier County, Florida. AND 25-48-26 The West ½ of NW ¼ of NE ¼, Less R/W and West tA of SW ¼ of NE ¼, Collier County, Florida. AND 25-48-26, The North Y2 of West I/2 of NW ¼, Collier County, Florida. AND 25-48-26, The North 1/2 of South 1/2 of NW ¼ of SW 1/4 5.00 Acres in OR 1192, PG 1127, Collier County, Florida. AND 25-48-26 The South ½ of South ½ of West lA of NW ¼ of SW ¼, Collier County, Florida. AND The East ½ of NW IA of SW ¼, Less North 30' & East 30', Collier County, Florida. AND The West Y2 of NE ¼ of SW ¼, 20 acres, Collier County, Florida. AND 25-48-26 25-48-26 25-48-26 25-48 -26 25-48-26 25-48-26 25-48-26 25 -48-26 25-48-26 25-48-26 AND The East ½ of NE 1/4 of SW 1/4, Ix:ss North & East 30', Collier County, Florida. AND The West t/2 of NW ¼ of SE ¼, Collier County, Florida. AND The North IA of North V2 of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND The South ½ of North I/2 of East ½ of NW ¼ of SE ¼, Collier County, Florida. AND The North ½ of South ½ of East ½ of NW ¼ of SE IA,.Collier County, Florida. AND The South ½ of South 1/2 of East ½ of NW 1/4 of SE IA, Collier County, Florida. AND The West 1/2 of NW Y4 of NE IA of SE IA, Collier County, Florida. AND The East V~ of NW IA of NE ¼ of SE IA, SW lA of NE IA of SE lA, Collier County, Floritta. 25-48-26, The NE ¼ of NE ¼ of SE ¼, 10 acres, Collier County, Florida. AND 25-48-26, SE ¼ of NE IA of SE IA, 10 acres in OR 1168, PG 255, Collier County, Florida. AND 25-48-26, The East IA of SW IA of SW ¼, Collier County, Florida. AND 25-48-26, The West ½ of SE IA of SW ¼, 20 acres in OR 109, PG 471, Collier County, Florida. AND 25-48-26, The East tA of SE ¼ ofSW ¼ + West lA ofSW I/4 of SE V~, 40 acres in OR 1239, PG 1156, Collier County, Florida. AND 25-48-26, The East lA of SW 1/4 of SE IA, Collier County, Florida. AND 25-48-26, The NW ¼ of SE IA of SE ¼, North ½ ofSW ¼ of SE ¼ of SE IA, 15 acres in OR 1153, PG 1191, Collier County, Florida. AND 36-48-26, The North ½ of NE IA of NW IA, 20 acres, Collier County, Florida. AND 36-48-26, The North V2 of NW IA of NE ¼, 20 acres, Collier County, Florida. AND 25-48-26, The West ½ of NW IA of NE ¼, Less R/W and West '/2 of SW l¼ of NEIA, Collier County, Florida. FEE SIMPLE INTEREST . PARCEIE'#107A EXHIBIT Page ,. / _ of.~_: .. N t lOO' R/W NORTH LINE OF SECTI,ON 25 - - .' - · I - - , - S.-7R-7-. ~4'-6 ......... "ii '11 Iz j NOT TO SCALE Notes: 1. This Is not a survey. 2. Basls of beoring Is N/A. 3. Subject' to easements, reserv(]tlons ond restrictions of record. DESCRIPTION: NOT TO SCAI-E: The Northerly 79.04 feet, together wlth the Southerly ';" ........... '"' 10.00 feet, of the Northerly 89.04 feet, of the Easterly ' ";':' '- 114, of Section 25, Township 48 South, Range 26 East, ~AVlD ~i. ),I~A'R'~. (FO~ Tt~E.:FIRu) Collier County, FIorido, except the north 100 feet FLA. LIC.~tO. ~[4 "" ~:' ' thereof. Containing 2.506 acres more or less. NOT VALID WITHOUT THE ~SIONA~;URE AND THE ORIGINAL RAISEB 'SEAL' OF 'A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (9~,1) 645-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 ,. DRAWN BY FILE NAME EAW CHECKED BY' SCALE SEC/SUB W.O. NO. AS NOTED 25/48/26 0014.1 DATE SHEET FB PG 1 OF1 DJH 00-018-O0.DWG DWG. NO, IR-L-IO7A r FEE SIMPLE INTEREST PARCEL # i 07~! NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846 EXHIBIT Page.._.A.~ of..,:~.. 2O GRAND LAND INITIATIVE OF NAPLES, LLC O.R. 24-57, PG. 1857 0 5O .100 150 Notes: 1. Thls ls not a survey. 2. Bosls of bearing Is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West I/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Townshlp 48 South, Range 26 East, Cailler County, Florida, except the north 100 feet, end the West 552.48 feet. Containing 0.558 acres more or less. SCALE SEC/SUB [. W.O. NO. DRAWN BY AS NOTED DATE ~52.48' EXCEPTION--- ~ ,,,,\ o,, NOT TO SCALE: ,. · .,/.'~.',.';; . ·. .~,NO.,~B_3.~ .......;' ..- ..... NOT VALID WI~O~T ~E S GN'ATURE AND THE ORIGINAL RAISED,.~k.LOk-A FLORIDA LICENSED SUR~YOR"AND MAPPER SKETCH AND DESCRIP~ON WlLKISON ASSOCIATES INC.~ ENGINEERS, SURV~ORS AND P~NNERS - 3506 EXCHANGE AVE. NAPLES. 'F~. 3410~ (941) 643-2404 FAX NO. (940 843-5173' FLORIDA BUSINESS LICENSE NO. LB5770' 25/48/26 SHEET 0014-.1 'FB PG 1 OF1 EAW CHECKED BY DJH FILE NAME O0-018-O0.DWG DWG. NO. IR-L-IO7B FEE SIM?L.E. I~.TEREST p ~ ARCEL # 107C EXHIBIT_ Page..,L of.__~_. N NOT TO SCALE, Notes: 1. This ls not a survey. 2. Basis of. bearing is N/A. 3. Subject to easements, reservations end restrlctlons of record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florid(], except the north 100 feet. Containing 1.247 acres more or less. SCALE AS NOTED DATE lO/O DAVID' ~1: -RY?~T, '~~0R THE 'FIRM) FLA. LIC. N~ 5§,~34~'~,~'' -. ..: .' . NOT VALID WITH(~UT :.THEiiSIGNA'TURE AND THE ORIGINAL RAISED 'SEAL OI~.-.A' FLORIDA LICENSED SU RVE4tOR]; A .N. ,B:, ..M_Ap.p ER SKETCH AND DESCRIPTION WILKISON ,&:: ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUa 25/48/26 SHEET 1 OF1 · w.o. NO. 0014.1 FB PO DRAWN BY LAW CHECKED BY DJH FILE NAME 00-018-O0. DWG DWG. NO. IR-L-107C J PROJECT: 60018 PARCEL: 107ABC FOLIO Nos.: a portion of 00190320001, 00190360003 and 00191000003 3167519 OR: 3269 PG: 1268 04/18/2003 at 10:~3~ DNIGHT S. BR~, CLIRI RBC ~!! 28.50 COPIIS 6.00 NlSC 1.00 Retn: ?UCll/RI(;H? O! NAY ACQUISITIONS IFI~ROFFICE-SOU11I HORflSHO! AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 3227, PAGE 3365. WHEREAS, CALUSA PINES GOLF CLUB, L.L.~., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L~L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation, (hereinafter "Owner") is the Owner of that land described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as the "Owners Property;" and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County") a fee simple interest in the land described in Exhibit "B", hereinafter referred to as the "Parcel" for the construction of right-of-way; and WHEREAS, Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement; and WHEREAS, BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/k/a BCBE, (hereinafter "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above-referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, an Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby informs all concerned that that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. Description of Property: See Exhibit "A" Owners Property LESS Exhibit "B" Parcel Site Address: Immokalee Road and Woodcrest Drive IMPROVEMENT: REST~/~ RAI E CALUSA ~lb~l~.~ ~'~]~]~ CLULB, L.L.C., a Florida limited liability corporation, f/k/a Grand Property Owner: Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation 33 N Dearborn Street, Suite 1610 Chicago, IL 60602-3102 Contractor: BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/k/a BCBE 3606 Enterprise Avenue Naples, FL 34104 Surety: 4~¢~ ~¢? ~-''~''~'' Bond: None Lender: ORION BANK 3838 Tamiami Trail, North Naples, FL 34101 Name & Address of persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a)7, Florida Statutes. In addition to himself, Name & Address of persons Owners designates to receive a copy of Lienor's notice as provided in Section 713.13(1) (b), Florida Statutes. Expiring date of Notice of Commencement: (the expiration is one (1) year from the date of recording the Notice of Commencement, unless otherwise specified): IN WITNESS WHEREOF, the parties to this Amended Notice of Commencement have hereunto set their signs and seals: OR: 3269 PG: 1269 As to Owner WITNESSES: (,~[gnature) ! ,~rint-t~ull Name~/ ' (Print Full Name CALUSA PINES GOLF CLUB, EEC., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a forpoer Illinois corporation ..~ (Print Name) STATE OF FLORIDA COUNTY OF COLLIER The forgoing Amended Notice of Commencement.was acknowledged before me this ~2'-7 day of /)] f-~"/4 , 2003, by Le ft4zl~'743P,,-/~/~ ~. ,~'~/4z_/%,o~_~,- )/}l/:~,4,'g~,~,~,~ on behalf of CALUSA PINES GOLF CLUB, EEC., a Florida limited liability corporation, UWa Grand Land Initiative of Naples, EL.C, and successor by merger to Grand Land IN~4ve, Inc., a former Illinois corporation, who is personally known to me or who has produced. / ~of identification] as identification. ~ _ , ~ .~/ (affix notarial seal) , ~- ~ ¢~ ~ -- -(Sign~ of ~oT~blic) " (~dnt ~ame of ~otary ~ublic) Serial / Gommission ~ (if any): My Commission [xpires: ~ to Contractor WITNESSES: ~/j~na~re) ,,7- {Signa(u~'e) ' (Print Full Name) BOR~(~RAIG BA~RBER ENGEL CONSTRUCTION BY: (Sig r~a~t, Fe) ~-',--" ' (Title) (Print Name) STATE OF COUNTY OF The.j'orgoing Amended Notice of Co~menc. el;nent was acknowledged before..me this ,/'O'/Y/day of ~Z-~,,~ , 2003, by /..~/¢~¢,f-.~L/~. /~ , ~/.6g.~C.,~4~n behalf of BORON CRAIG BARBER ENGEL CONSTRUCTION ~O., INC, a/k/a BCBE, who: t/' is personally known to me OR __ produced (affix notarial seal) .-'~.'..'Y'.~,k-, Joyee h. Crossef;t ~.'"~'%.~'%(?aeanfi~sion # CC 916342 Assistant Count~ Attorne~ as proof of identity. (~lnat~e of N'ota~y Public) (Print'Name of Notary Public) EXHIBIT "A" OR: 3269 PG: 1270 LEGAL 25 -48-26, 25-48-26, 25-48-26, 25-48-26, 25-48-26, 25-48-26, DESCRIPTION - Parent Tract (Abbreviated as per tax rolls) The West V2 of NW ¼ of NW ¼, Less R/W, Collier County, Florida. AND The East 1/2 of NW 1/4 of NW ¼, Less R/W, Collier County, Florida. AND The West ½ of SW ¼ of NW l/n, Collier County, Florida. AND The East % of SW 1/4 of NW ¼, Collier County, Florida. AND The West 1/2 of SE ¼ OF NW ¼, Collier County, Florida. AND The East 1/2 of SE ¼ of NW Y4, Collier County, Florida. AND 25-48-26, 25-48-26 25 -48-26. 25-48-26. 25-48-26. 25 -48-26. 25-48-26. 25 -48 -26 25-48-26 25-48-26 AND 25-48-26, 25-48-26, 25-48-26, The West ½ of NW ¼ of NE 1/4, Less R/W and West ½ of SW ¼ of NE ¼, Collier County, Florida. AND 25-48-26, The North ½ of West ½ of NW 1/4, Collier County, Florida. AND 25-48-26, The North ½ of South Y2 of NW ¼ of SW ¼ 5.00 Acres in OR 1192, PG 1127, Collier County, Florida. AND 25-48-26, The South ½ of South ~,5 of West V2 ofNW ¼ of SW %, Collier County, Florida. AND The East V2 of NW ¼ of SW 1/4, Less North 30' & East 30', Collier County, Florida. AND The West Y2 of NE ¼ of SW 1/4, 20 acres, Collier County, Florida. AND The East V2 of NE ¼ of SW l/4, Less North & East 30', Collier County, Florida. AND The West ½ of NW ¼ of SE ¼, Collier County, Florida. AND The North ½ of North ½ of East V2 of NW ¼ of SE Y4, Collier County, Florida. AND The South ½ of North ½ of East 1/2 of NW ¼ of SE Y4, Collier County, Florida. AND The North 1/2 of South ½ of East Y2 of NW ¼ of SE ¼, Collier County, Florida. AND The South ½ of South ½ of East tA of NW ¼ of SE ¼, Collier County, Florida. AND The West ½ of NW ¼ of NE ¼ of SE ¼, Collier County, Florida. AND The East ½ ofNW ¼ of NE ¼ of SE ¼, SW ¼ of NE ¼ of SE ¼, Collier County, Floritta. The NE ¼ of NE ¼ of SE ¼, 10 acres, Collier County, Florida. AND SE ¼ of NE ¼ of SE ¼, 10 acres in OR 1168, PG 255, Collier County, Florida. AND 25-48-26, The East ½ of SW ¼ of SW ¼, Collier County, Florida. AND 25-48-26, The West ½ of SE ¼ of SW ¼, 20 acres in OR 109, PG 471, Collier County, Florida. AND 25-48-26, The East ½ of SE ¼ ofSW ¼ + West ½ ofSW ¼ of SE ¼, 40 acres in OR 1239, PG 1156, Collier County, Florida. AND 25-48-26, The East IA of SW ¼ of SE ¼, Collier County, Florida. AND 25-48-26, The NW ¼ of SE ¼ of SE ¼, North ½ ofSW 1/4 of SE ¼ of SE ¼, 15 acres in OR 1153, PG 1191, Collier County, Florida. AND 36-48-26, The North ¥2 of NE % of NW ¼, 20 acres, Collier County, Florida. AND 36-48-26, The North V~ of NW ¼ of NE ¼, 20 acres, Collier County, Florida. AND 25-48-26, The West ½ ofNW ¼ of NE ¼, Less R/W and West 72 ofSW ¼ of NE¼, Collier County, Florida. FEE SIMPLE INTEREST PARCEL'# 107'A EXHIBIT- - _,. 511 !i5 II ~ IIf" II II II II II II I1 II 11 II II '100' R/W 3ol NORTH LINE OF SECTION 25 _ "- TM__MOKAL'~E_'~I~OAO S.R. 846 ............. .: [' ::479.06' ~ .- ' Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject' to easements, reservations and restrictions of record. DESCRIPTION: N NOT TO SCALE 11/01 SEc/Sue 25/4§/26 SHEEI 1 OF1 SKETCH AND DESCRIPTION WlLKISON & ASSOCIATES INC, 1 ENGINEERS~ SURVEYORS AND PLANNERS 3506 EXCHAN(3E AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW O0-018-O0.DWG FB PG CHECKED BY' DJH DATE DWG. NO. IR-L-IO7A AS NOTED SCALE NOT TO SCAkE: The Northerly 79.04 feet, together with the Southerly :":' ~ .......... ""' 479.06 feet, of the Northwest 1/4, of the Northwest .: 5 i.i 1/4, of Section 25, Township 4.8 South, Range 26 East, ~)AVlD ;J. )~A~f,j~i.. :~-FoR T~E:FIRM) Collier County, Florida, except the north 100 feet FLA. LIC.~NO. ~'~4 "" ~: ' "' thereof. Containing 2.506 acres more or less. NOT VALID WITHOUT THE.~SIGNAi~URE AND THE ORIGINAL RAISEB 'SEAL' OF A FLORIDA LICENSED SURVEYOR AND MAPPER .,~1' leo° R/w FEE SIMPLE INTEREST PARCt~L #10'~B NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 8,46 ' _~1 GRA_N_D..L. A_N_D_ INJ .TIATIVE -[ OF NAPLES, LLC ~/ O.R. 2457, PG. 1857 EXHIBIT. . Pal~__~ of_~... Notes: 1. This Is not a survey. 2. Bosls of bearing is N/A. 5. Subject to eosements, reservotions end restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 28 East, Collier County, Florida, except the north 100 feet, and the West 552.48 feet. Containing 0.558 acres more or less. SCALE AS NOTED DATE 11/01 N 1 OF1 0014.1 FB PG 25/48/26 SEC/SUe W.O. NO. DRAWN BY LAW CHECKED BY DJH FILE NAME 00-018-O0.DWG DWG. NO. IR-L-IO7B NOT TO SCALE '.,:: .,i-' ..... '"' NOT VALID WI~SU.T ~E SIGNATURE AND ~E ORIGINAL RAISED.~k.;OPA FLORIDA LICENSED SUR~YOR"AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. I ENGINEERS, SURV~ORS AND P~NNERS - 3506 EXC~NGE AVE. NAPLES, 'F~. 34104 (941) 643-240~ F~ NO. (941) 643-5173' FLORIDA BUSINESS LICENSE NO. LB5770 :~52.48' EXCEPTION--- 0 5O 1 O0 15O r- FEE SIM. PL~ INTEREST PARCEL #107C NORTH LINE OF SECTION 25 IMMO.KALEE ROAD S.R. 846 , I - ~----2i3.19' ~ · 1 ~ EXHIBIT~ Pag~.~__ N NOT TO SCALE, Notes: 1. This is not o survey. 2. Basis of bearing {s N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together wlth 'the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1.247 acres more or less. SCALE AS NOTED DATE ~O/Ol NOT TO SCALE: DAVID'J: ~Y/~T, "P~oR THE 'FIRM) FLA. LIC. N~ 58~lr'~Y _ .: .' - NOT VALID WITH(~uT :.ll-I[.:.SIGNATURE AND THE ORIGINAL RAISED 'SEAL Oj~ .,.~' FLORIDA LICENSED SU RVE¥OR: A~ ,D:,H6p. pER SKETCH AND DESCRIPTION WlLKISON &: ASSOCIATES INC. lB ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB , W.O. NO. DRAWN BY FILE NAME 25/48/26 SHEET 1 OF1 0014.1 FB PO EAW CHECKED BY DJH O0-018-O0.DWG DWO. NO. IR-L-107C PROJECT: 60018 PARCEL: 107ABC FOLIO Nos.: a portion of 00190320001, 00190360003 and 00191000003 3167520 OR: 3269 PG: 1274 04/18/2003 at; 10:53A!( D¥IGI~ I. BROCK, CLBRIC FBI 28.50 COP[BS 6.00 1.00 Retn: AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 3229, PAGE 3146. WHEREAS, CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/lEa Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation. (hereinafter "Owner") is the Owner of that land described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as the "Owners Property;" and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida, (hereinafter "County") a fee simple interest in the land described in Exhibit "B", hereinafter referred to as the "Parcel" for the construction of right-of-way; and WHEREAS, Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement; and WHEREAS, BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/lEa BCBE, (hereinafter "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above-referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, an Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby informs all concerned that that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. Description of Property: See Exhibit "A" Owners Property LESS Exhibit "B" Parcel Site Address: Immokalee Road and Woodcrest Drive IMPROVEMENT: CLUBHOUSE Property Owner: CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation 33 N Dearborn Street, Suite 1610 Chicago, IL 60602-3102 Contractor: BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC, a/k/a BCBE 3606 Enterprise Avenue Naples, FL 34104 _.! Surety: '~o~ Bond: None Lender: ORION BANK 3838 Tamiami Trail, North Naples, FL 34101 Name & Address of persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13 (1)(a)7, Florida Statutes. In addition to himself, Name & Address of persons Owners designates to receive a copy of Lienor's notice as provided in Section 713.13(1) (b), Florida Statutes. Expiring date of Notice of Commencement: (the expiration is one (1) year from the date of recording the Notice of Commencement, unless otherwise specified): IN WITNESS WHEREOF, the parties to this Amended Notice of Commencement have hereunto set their signs and seals: OR: 3269 PG: 1275 As to Owner WITNESSES: (Signature) (P~.~,g~/ul, Name) ~ (Print Full Name) CALUSA PINES GOLF CLUB, EL.C, a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation .... -/¢,/,,,~ - (Print Name) STATE OF FLORIDA COUNTY OF COLLIER The forgoing Amended Notice of Commencement was acknowledged before me this,.~"7 day of /7~(~.,f~- , 2003, by ~?.f/CIf~T¢_~.~Ct~' /J. ~'-C.~/-¢J~¥~, /)~.A/0,~¢-/~ on behalf of CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land I~ Inc., a former Illinois corporation, who is personally known to me or who has produced / ' ~~of identification] as identification. (affix notarial seal) (Sign~tuCe of ~ary Public) ~I~..~..~Q Ex=,'=" ............. II (Pr n Name o Notary Pubhc) jl' 4'B0.,,dT,t,N..P.biicUn~.ers I Ser,al / Comm,ss,on ~ (,f any): _ '"'%' -'-' :"~::':: :=:":' -' J My Commission Expires: ' As to Contractor WITNESSES: (~gn~ure) (Pri_~ Full Name) nature) (Print Full Name) BORA~IG B,~RBER ENGEL CONSTRUCTION (Sigl6a~re) - (Title) (Print Name) STATE OF fiJ~/'tJ~/~- COUNTY OF ~p'.J~¢// Th~ forg. o~ing Amended Notice of C. 9~nmen~c~eme.nt w~s_ ac~k. no)/vledged .b/e.fore.,.me this ./J~./~day of ~ , 2003, by lJj~Y)ii, g4~ J(.. /O~Z.f,g~..,~ , {,/~.¢J /~J/~z,.~,t. gn ~-~-half of BOJ;IU~N CRAIG BARBER ENGEL CONSTRUCTION (~O., INC, a/k/a BCBE, who: V'~is personally known to me OR produced ~ff v ,,,, ...... ~ ,,~...~.~,~,,. Joyce L. Crossett ~ ................ / .-"~..:'::'~'%.-~%Commission # CC 916342 :.~..,~.~.= E~i~ ^~ 17, 2004 d a f ~ ....... $'= ~ ~sls~t County Att0r~ (Si~n~tur~ of N'otar~ublic) (Print ~ne of Notary Public) OR: 3269 PG: 1276 EXHIBIT ,,A,, LEGAL DESCRIPTION - Parent Tract (Abbreviated as per tax rolls) 25-48-26, Thc 25-48-26, The 25-48-26, The 25-48-26, The 25-48-26, The 25-48-26, The 25-48-26, Thc 25-48-26, The 25-48-26, The 25-48-26, The AND 25-48-26, 25-48-26, 25-48-26, The West 1/2 of NW ¼ of NW l/4, Less R/W, Collier County, Florida. AND 25-48-26, The East ½ of NW ¼ of NW ¼, Less R/W, Collier County, Florida. AND 25-48-26, The West ¼ of SW ¼ of NW ¼, Collier County, Florida. AND 25-48-26, The East ½ of SW ¼ of NW ¼, Collier County, Florida. AND 25-48-26, The West 1/2 of SE ¼ OF NW ¼, Collier County, Florida. AND 25-48-26, The East ½ of SE ¼ of NW ¼, Collier County, Florida. AND 25-48-26, The West ¼ of NW Va of NE ¼, Less R/W and West ½ of SW ¼ of NE ¼, Collier County, Florida. AND 25-48-26, The North ¼ of West ¼ of NW 1/4, Collier County, Florida. AND 25-48-26, The North ½ of South ¼ of NW ¼ of SW ¼ 5.00 Acres in OR 1192, PG 1127, Collier County, Florida. AND 25-48-26, The South ¼ of South ¼ of West ¼ of NW lA of SW ¼, Collier County, Florida. AND East 1/2 ofNW 1/4 of SW ¼, Less North 30' & East 30', Collier County, Florida. AND West V2 of NE ¼ of SW IA, 20 acres, Collier County, Florida. AND East 1/2 of NE ¼ of SW ¼, Less North & East 30', Collier County, Florida. AND West ½ of NW IA of SE ¼, Collier County, Florida. AND North lA of North V2 of East ¼ of NW ¼ of SE ¼, Collier County, Florida. AND South ½ of North ½ of East 1/2 of NW ¼ of SE ¼, Collier County, Florida. AND North ½ of South lA of East 1/2 of NW ¼ of SE ¼, Collier County, Florida. AND South ¼ of South 1/2 of East ¼ of NW ¼ of SE ¼, Collier County, Florida. AND West V2 of NW 1/4 of NE ¼ of SE IA, Collier County, Florida. AND East ½ of NW lA of NE ¼ of SE aA, SW lA of NE ¼ of SE ¼, Collier County, Flori~la. The NE V~ of NE ¼ of SE ¼, 10 acres, Collier County, Florida. AND SE ¼ of NE ¼ of SE ¼, 10 acres in OR 1168, PG 255, Collier County, Florida. AND 25-48-26, The East ½ of SW lA of SW ¼, Collier County, Florida. AND 25-48-26, The West ½ of SE ¼ of SW ¼, 20 acres in OR 109, PG 471, Collier County, Florida. AND 25-48-26, The East 1/~ of SE ¼ of SW ¼ + West ¼ of SW ¼ of SE ¼, 40 acres in OR 1239, PG 1156, Collier County, Florida. AND 25-48-26, The East ½ of SW ¼ of SE lA, Collier County, Florida. AND 25-48-26, The NW ¼ of SE ¼ of SE ¼, North ½ ofSW ¼ of SE ¼ of SE ¼, 15 acres in OR 1153, PG 1191, Collier County, Florida. AND 36-48-26, The North ½ of NE lA of NW ¼, 20 acres, Collier County, Florida. AND 36-48-26, The North V2 of NW ¼ of NE ¼, 20 acres, Collier County, Florida. AND 25-48-26, The West ½ ofNW ~A of NE ¼, Less R/W and West ½ ofSW ¼ of NE¼, Collier County, Florida. FEE SIMPLE INTEREST PARCEL'#107A NORTH LINE OF SECTION 25 IMM OKAL'~E"' i~OAD S.R. 846 EXHIBIT, .,. Page ,.,/ , ot.~,... Notes: 1. This is not a survey. 2. Basis of bearing Is N/A. 3. Subject' to easements, reservations and restrictions of record. DESCRIPTION: O.R, U17. Pa~ 70 NOT TO SCALE The Northerly 7g.04 feet, together with the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Easterly 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 2.506 acres more or less. SCALE AS NOTED NOT TO SCNcE: FLA. LIO. H~IO. ~"~4 "" '-: "' NOT VALID WITHOUT THE, ~S!GNA'~URE AND THE ORIGINAL RAISED 'SEAL' OF 'A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON E,c ASSOCIATES ;.1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEc/Sua 25,/48/26 W.O. NO. 0014.1 DATE SHEE[ FB PG I OF1 11101 DRAWN BY FILE NAME RAW 00-018-00.DW~ CHECKED BY' DJH DWG. NO., IR-L-IO7A ,/ FEE SIMPLE iNTEREST PARCEL #107B EXHIBIT Page.__.~ oL.:~... NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846" N Notes: 1. This Is not a survey. 2. Baals of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collisr County, Florida, except the north 100 feet, end the West 552.48 feet. Containing 0.558 acres more or less. SCALE AS NOTED DATE 11/01 0 50 100 150 352.4.8' EXCEPTiON--, NOT TO SCALE; NOT VALID WI~OUT ~E SIGNATURE AND THE ORIGINAL RAISED,~AL :Ok A ~ORIDA UCENSED SUR~YOR"~D'M~PPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. ~ ENGINEERS, SURV~ORS AND P~NNERS - 3506 EXC~NGE AVE. NAPLES, 'F~. 34104 (941) 643-240~ FAX NO. (941) 643-5173' FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUa' 25/4-8/26 SHEET , W.O. NO. 0014-.t 'FB PG DRAWN BY EAW CHECKED BY DJH FILE NAME 00-018-O0.DWG DWG. NO. IR-L-IO7B M 1 OF1 J FEE SIMPLE INTEREST PARCEI~ #IbTd F__j ~oo' R/W __ N__ORTH LINE OF SECTION 25 IMM~ALEE ROAD.. S.R. 846 u3 GRAND LAND INITIA'n~IE ~ OF NAPLES, LLO O.R. 2483, PG. 2702 EXHIBIT Pmge N NOT TO SCALE, Notes: 1. Thls is not a survey. 2. Basls of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together wlth 'the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.95 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florid(], except the north 100 feet. Contoining 1.247 acres mere or less. SCALE AS NOTED DATE NOT TO SCALE: DAVID' J[ ~IY.,aJ~I'T, '~~0R THE 'FIRM) FLA. LIC. N~ 58~f%~'" _ : .-' NOT VALID WI~UT ':~E~'$1GNATUEE AND THE ORIGINAL RAISED 'SEAL 0~,..A' FLORIDA LICENSED SUR~YOR:A~:,M6RpER SKETCH AND DESCRIPqON WlLKISON ASSOCIATES INC. ENGINEERS, SURV~ORS AND P~NNERS 3508 EXCHANGE AVE. NAPLES, F~. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUa 25/48/26 SHEET 1 OF1 , W.O. NO. 0014.1 FB PO DRAWN BY FILE NAME RAW CHECKED BY DJH 00-018-O0.DWG DWG. NO, IR-L-107C PROJECT: PARCEL: FOLIO Nos.: 60018 107ABC a portion of 00190320001, 00190360003 and 00191000003 3167521 OR: 3269 ?G: 1280 RBCORDBD in OFFICIAL RlCORDS 0[ COLLIIR COU~Y, FL 04/18/2003 at 10:53Al( D¥IGlff B. BROCI, CLSRK P~c Fss 24.00 COPIBS 5.00 Retn: ?BCN/RIGHY OF WAY AC~UI~I?IONS IN?BROFFICB-SOU?H HORSBSHO! WARRANTY DEED THIS WARRANTY DEED is made this ,~'~' day of /T~/~/'I, , 2003, by CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/Ida Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation (hereinafter referred to as "Grantor"), whose address is 33 N Dearborn Street, Suite 1610, Chicago, IL 60602-3102 to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office 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.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. Said property is NOT the homestead property of the Grantor, nor is it adjacent thereto. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. THI8 CONVEYANCE ACCEPTED BY THE BOARD OF COtJNTY COMMI881ONER$, COLLIER COUNTY, FLORIDA, PURSUANT TO THE OR: 3269 PG: 1281 WITNESSES: (~nt Full Name)- "~Signature) C (Print Full Name) CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, bEC., and successor by merger to Grand Land Initiative, Inc., a former Illinois corporation BY: Pre~_iden'..' V~cc P:c=idont /'~¢,~.w,x~ ~ (Print Name) (Address)d/,~,~.~_.~/ ~'~_ ~)¢~'.~ STATE OF COUNTY The foregoing Warranty Deed was acknowledged before me this >2'7 day of ~"I.~E~" Z.-.>- , 2003, by ~,d~'z.57oP//c't¢ ~. '~' ~ ~ . behalf of CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability corporation, f/k/a Grand Land Initiative of Naples, L.L.C., and successor by merger to Grand Land Initiative, Inc. a former Illinois , corporation, who is per~ssanally known to me or who has (affix notarial seal) EXPIRES: January 19, 2~7 (Signatp. re o~/Ndtary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: r FEE SIMPLE INTEREST PARCEL'# 107A EXHIBIT/ Page _/_ of.~ .. gll '.u. ~11 I° II II III III II II R/W NORTH UNE OF SECTIpN 25 IMMOKALEE ROAD S.R. 846 (18~D~ll~TM OR, '~4B~, ~G. 301 479.06 NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRI PTI ON: NOT TO SCAL:E: The Northerly 79.04 feet, together with the Southerly ' '_ 10.00 feet, of the Northerly 89.04 feet, of the Easterly ~X/~+, '" 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 4.8 South, Range 26 East, ~AVID ;J. ,~A~I',~. (FoR TH'E.i~RM) Collier County, Florida, except the north 100 feet FLA. LIC. H~/O. thereof. Containing 2.506 acres more or less. NOT VALID WITHOUT THE.~S!GNA~URE AND THE ORIGINAL RAISED 'SEAL' OF 'A FLORIDA liCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB ' W.O. NO. DRAWN BY FILE NAME 0014.1 EAW AS NOTED 25/48/26 DATE SHEET FB Pi::; CHECKED BY DJH 11/01 1 OF1 00-018-00.DW0 DWG. NO. IR-L-IO7A ~ ,1 /'"'- ~,,; FEE SIMPLE INTEREST' PARCEL #107B ~oo' R/w NOR~-I LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846 ' ' 2O GRAND LAND INITIATIVE OF NAPLES, LLC O.R. 2457, PG. 1857 0 50 100 150 Notes: 1. This is not a survey. 2. Basts of bearing is N/A. 5. Subject to e(]sements, reserv(]tlons end restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northe(]st 1/4, of the Northwest 1/4, of Section 25, Township 48 South, R(]nge 26 Et]st, Collier County, Florid(], except the north 100 feet, and the West 352.48 feet. Containing 0.558 acres more or less. SCALE AS NOTED 352.48' EXCEPTION--- NOT TO SCALE: "'~,~;-~:.:..=:, .,.,-. THE ORIGINAL RAISED.SEAL OI~ A FLOR DA LICENSED SURVEYOR"AFIb' M'~PPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS- 5506 EXCHANGE AVE. NAPLES, 'FLA. 54104. (941) 645-24.04 FAX NO. (941) 643-5173' FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUa 25/48/26 · W.O. NO. 0014.1 DRAWN BY EAW DATE SHEET FB PG CHECKED BY 11/01 1 OF1 DJH FILE NAME 00-018-O0.DWG ' DWG. NO, IR-L-IO7B ~ ~ ....... FEE SIMPLE,INTEREST · '-~.~ PARCEL #I 07C ., ~',,~..~ EXHIBIT_ _.. Page F/i oo' ./w I _ N.._ORTH LINE Of S_..ECTI_.ON 25 IMMO_KALEE ROAD S.R. 846 NOT TO SCALE. Notes: 1. This is not a survey. 2. Basis of beorlng is N/A. 3. Subject to easements, reservatlons and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1.247 acres more or less. SCALE AS NOTED DATE 10/01 NOT TO SCALE: DAVID"J: RY.~T, ~~0R THE 'FIRM) FLA. LIC. N~ 58,~34"%~'' .. NOT VALID WITH(~UT,THE.i$1GNATURE AND THE ORIGINAL RAISEB "SEAL O~'...A' FLORIDA LICENSED SU RVEYOR.:-A~D:, M ~pPER SKETCH AND DESCRIPTION WlLKISON & ASSOCIATES :.II ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB 25/48/26 SHEET 1 OF1 , W,O. NO. 0014.1 FB PO DRAWN BY ~ LaW CHECKED BY DJH FILE NAME O0-018-O0. DWG DWG. NO. IR-L-107C '. j