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Parcel 103FEE1 & 103FEE2 PROJECT: 60148 Airport Davis Intersection PARCEL: 103FEE1 and 103FEE2 FOLIO NOS.:70720440006 & 70720480008 PURCHASE AGREEMENT ozCr/ THIS PURCHASE AGREEMENT is made and entered into on this ' day of , 2017, by and between TT OF TAMIAMI, INC., a Florida for pro it corporation, whose mailing address is 505 S. Flagler Drive, Suite 700, West Palm Beach, Florida 33401, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WHEREAS, Seller owns that certain property more particularly described on Exhibit "A", which is incorporated herein by reference, together with all structures and improvements, (hereinafter referred to as "Property"); and WHEREAS, Purchaser requires the Property for a road improvement project known as the Airport-Pulling/Davis Road Intersection Improvement Project No. 60148; and WHEREAS, Seller has agreed to sell and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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: 1. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be Six Hundred Eighty-Five Thousand Eight Hundred Dollars ($685,800.00) (U.S. Currency) which shall be paid at the time of closing. An additional Ten Thousand Dollars ($10,000.00) shall be collected at the time of closing and shall be included on the closing statement for Certificate of Occupancy fees ("Fees") associated with property located at 76 Industrial Boulevard, Naples, Florida as outlined in the Addendum to Commercial Contract attached hereto and incorporated herein as Exhibit "B". Said fees shall be paid directly to Dennis R. Combs as set forth in said Exhibit "B". Payment to Seller of the Purchase Price shall be made by County Warrant, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any and all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE - Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of Purchaser's receipt of all Closing Documents, whichever is the later, unless extended by mutual written agreement between the parties. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications except those identified in the Title Commitment. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of execution of this Agreement, Seller shall provide Purchaser with a copy of its current title insurance policy. As soon as possible after execution of this Agreement, the Seller shall cause to be delivered to the Purchaser the following documents for Purchaser's review and approval (hereinafter referred to as "Closing Documents"): 1. Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 2 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 1. A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 6 "Requirements and Conditions for Closing" below, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Seller's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 2. Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro-rations as hereinafter set forth. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Section 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Section 2. E. The cost of a Title Commitment shall be paid by Purchaser along with the cost of a Seller's Form B Title Policy, issued pursuant to the Commitment provided for in Section 7, "Requirements and Conditions" (below). Furthermore, there shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. F. Real Property taxes shall be prorated based on the current year's tax and paid by Seller. If Closing occurs at a date upon which the current year's millage is not fixed, taxes will be prorated based upon the prior year's millage. 3 4. POSSESSION Seller's obligation to give purchaser possession of the Property shall be governed by Paragraph 2 of Exhibit "B" attached hereto. Paragraphs 2(a), 2(b), 2(c) and 2(d) of Exhibit "B" are expressly incorporated herein. Noting contained herein shall be construed as any admission by the County of any "obstructionist, non-responsive or obfuscatory acts of omissions". 5. INSPECTIONS A. Inspection Period. Purchaser shall have 60 days from the Effective Date (Inspection Period) to determine through appropriate investigation and inspection the extent of contamination of the Property with any Hazardous Materials (as defined below). Upon reasonable notice, Seller will provide Purchaser, and its agents, with access to the Property for purposes of surveying, soil borings, site inspection and analysis. B. Election and Response. If Purchaser is not satisfied, for any reason, with the results of this investigation, Purchaser may elect to terminate this Agreement, without penalty, by giving written notice of its intent to terminate prior to expiration of the Inspection Period. Purchaser may elect to suspend its Notice of Termination if Seller notifies Purchaser in writing within ten (10) days thereafter that Seller agrees to promptly carry out, at its sole expense, all further investigations and remediation of the Property as necessary to make the Property acceptable to Purchaser (hereinafter "Remedial Action") within a time period acceptable to Purchaser. As a condition precedent for suspension of the Notice of Termination, the parties shall agree to the specific term of such suspension and what will render the Property acceptable to Purchaser. C. "Hazardous Materials" means any substance: (1) the presence of which requires investigation, remediation, or is, or becomes regulated under any federal. state, or local law, regulation, order or policy; or (2) which is or becomes defined as a hazardous substance, pollutant or contaminant under federal, state or local law or regulation; or (3) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or threatens the health or safety of persons on or about the Property, and is being regulated by any governmental authority in the state of Florida. D. If Purchaser does not have the Property inspected, or fails to do so within the Inspection Period, or fails to notify Seller of its intent to terminate, Purchaser shall be deemed to have accepted the Property in the condition it existed on the Effective Date. E. Purchaser shall indemnify, defend and hold Seller harmless from and against all claims, orders, demands, actions, proceedings, or suits, and all losses, costs, damages or expenses (including, but not limited to, costs and attorneys' fees) arising directly or indirectly, in whole or in part, out of the presence on or under the Property of any Hazardous Materials. 4 6. RISK OF LOSS Seller shall maintain the Property in the condition existing on the Effective Date until Closing and through possession by Purchaser, except for any Remedial Action agreed to by Seller under Section 5B above. Any future loss and/or damage to the Property between the Effective Date and the Closing and through possession by the purchaser shall be at Seller's sole risk and expense. Notwithstanding the foregoing, Seller shall have no responsibility to remediate any uninsured losses or reduce the Purchase Price. Buyer's sole remedy under this Provision shall be to terminate this Agreement. 7. REQUIREMENTS AND CONDITIONS FOR CLOSING Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within thirty (30) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy 2006 covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within thirty (30) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection, or may terminate the Agreement. C. Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the Effective Date of this Agreement. Notwithstanding the foregoing, Purchaser agrees that any such surveys have not been certified to Purchaser and the accuracy of such information is not guaranteed by Seller. Thereby Purchaser relies on such information at its own risk. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A" unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or 5 obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing, within thirty (30) days from the Effective Date of this Agreement, of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within thirty (30) days, Purchaser may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement, by providing written notice to Seller within thirty (30) days after expiration of said thirty (30) day period. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 8. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then Seller shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement.. C. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. 9. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for Purchaser to rely on the representations contained in this Section in entering into this Agreement and warrants the following: A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 6 B. Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if requested. C. The warranties set forth in this Article are true on the Effective Date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. D. Seller and Purchaser agree to do all things which may be reasonably required to give effect to this Agreement as soon as practicable as such requirement is made known to them or they are requested to do so, whichever is the earlier. E. Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not further encumber or convey any portion of the Property or any rights therein, nor enter into any other agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Except as provided in Section 5 of this Agreement, the property is being sold "AS IS". Seller makes no representations regarding the environmental status of the Property and Purchaser shall be solely responsible for any remediation required, including establishing and/or maintaining the Property's qualification under any public remediation programs, funds, or otherwise. I. Seller has no knowledge of any unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. J. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the Effective Date of this Agreement. L. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11. NOTICES Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to Purchaser: Transportation Engineering Attn: Jay Ahmad Director, Transportation Engineering 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239-252-5826 With a copy to: Office of the County Attorney Attn: Jeff Klatzkow County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239-252-8400 If to Seller: TT of Tamiami, Inc. 8 Attn: John Kendrick 505 S. Flagler Drive, Suite 700 West Palm Beach, Florida 33401 With a copy to: Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33404 If to Third Party: Dennis Combs 1500 Airport Rd S Naples FL 34104-4373 Telephone: 239- 774-2666 With a copy to: Pam Lundborg, Esq. Bond, Schoeneck & King 4001 Tamiami Trail North, Suite 250 Naples, FL 34103 Telephone: 239-659-3868 The addressees, addresses and numbers for the purpose of this Section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addressees, addresses and numbers only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Notice shall be deemed given in compliance with this Section upon on the fifth day after the certified or registered mail has been postmarked, or physical receipt by hand delivery. 12. REAL ESTATE BROKERS Both Seller and Purchaser agree that there no real estate brokers were involved in facilitating this transaction and that no commissions are due. Each party shall indemnify the other from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been a procuring clause or engaged as a real estate broker, salesman or representative, in connection with this Agreement. 13. MISCELLANEOUS A. This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. B. This Agreement and the terms and provisions hereof shall be effective as of the Effective Date and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 9 C. Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. D. Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. E. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. F. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. G. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. H. If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) I. This Agreement is governed and construed in accordance with the laws of the State of Florida. J. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. K. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. L. TIME IS OF THE ESSENCE to this Agreement. to IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 91111» ATTEST: ' BOARD •F NTY COMMISSIONERS DWIGHT E. BROCK,'Clerk COLLIE' ' O ITY, FLORIDA �i 04( • BY: // -Deputy ®4- k A , PENNY TA `p R, Chair, 'Attest ast+ hal ,ills signature only. AS TO SELLER: DATED: //41117 WITNESSES: TT OF TAMIAMI, INC., a Florida for profit corporation Affatr4,1 t►,�'s� �.,► By. r-) T ' 'Y TAYLOR, President i-C (P nted Name) I ignat re) c_k (Printed Name) 11 CONSENTED AND AGREED TO BY THIRD PARTY, WHO ACCEPTS THE BENEFITS AND OBLIGATIONS CONFERRED UPON HIM BY THIS AGREEMENT: WITNESSES: (AJ(P)Signature) DENNIS R. COMBS A.1\1 G\€ Caps•\c\q (Printed Name) (-÷64 (Signature) raM7(l4 C. Li✓icih� (Printed Name Approved as to form and legality: MILY R. F' PIN E` Assistant County Attorney 12 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST COLLIER COUNTY, FLORIDA EXHIBIT A Page L , of `f PARCEL NO. 103FEE1 DESCRIPTION: A PORTION OF LOTS 29 THROUGH 32, BLOCK A, ROCK CREEK PARK, AS RECORDED IN PLAT BOOK 1, PAGE 79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SITUATED IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 31 OF SAID BLOCK A, ROCK CREEK PARK; THENCE 589'24'41"W FOR 139.99 FEET ALONG THE SOUTH LINE OF LOTS 29 THROUGH 31 TO THE SOUTHWEST CORNER OF LOT 29; THENCE NO0'49'38"W FOR 6.34 FEET ALONG THE WEST LINE OF SAID LOT 29; THENCE N89'24'41"E FOR 11.19 FEET TO THE POINT OF CURVATURE OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 111.00 FEET, A CENTRAL ANGLE OF 89'41'42", A CHORD BEARING OF N44'26'06"E AND A CHORD DISTANCE OF 156.56 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE FOR AN ARC LENGTH OF 173.77 FEET TO THE END OF SAID CURVE; THENCE N89'37'24"E FOR 4.00 FEET; THENCE NO0'22'36"W FOR 58.68 FEET TO A POINT ON THE NORTH LINE OF LOT 32; THENCE N89'38'29"E FOR 14.44 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID LOT 32; THENCE SOO'23`55"E FOR 175.61 FEET ALONG THE EAST LINE OF LOTS 31 AND 32 ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD (100' R/W) TO THE POINT OF BEGINNING. NOTES: 1. THE BEARINGS SHOWN HEREON ARE BASED UPON NORTH AMERICAN DATUM 83 (NATIONAL SPATIAL REFERENCE SYSTEM 2007) ALSO KNOWN AS NAD83 (2007), STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, HAVING THE EAST LINE OF BLOCKS A & B, ROCK CREEK PARK, PLAT BOOK 1, PAGE 79 AS SOO'23`55"E. 2. PARCEL SHOWN HEREON CONTAINS 6399 SQUARE FEET, MORE OR LESS. TECM - ROW MAY 2 2 2012 6=-1-4-1K2.,--2 y,z, M4Yiz. THIS DESCRIPTION IS NOT VALID WITHOUT ACCOMPANYING SKETCH DAVID G. REARIE, SHOWN ON SHEET 2 OF 2 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE No. 4989 AIM Engineering & Surveying, Inc. LB 3114 THIS IS NOT A SURVEY SHEET 1 OF 2 5300 LEE BLVD. PROJECT NUMBER:DESCRIPTION: DESCRIPTION AND SKETCH OF A PARCEL OF LAND P.O. BOX 1235 11-9841 LYING IN SECTION 2-50S-25E LEHIGH ACRES FLORIDA 33970 DRAWN BY CLIENT (239) 332-4569 JES COLLIER COUNTY A I - FX:(239) 332-8734 DATE: SEC-TWP-RGE FILE: COUNTY: 02-03-12 2-505-25E 11-9841 SD.DWG (P3) COLLIER COUNTY N SKETCH OF ��► A PARCEL OF LAND LYING IN LOT 35 '-FOUND 5/8'IRON ROD �+ AND CPP 'LB 2484' ', SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST rnN `� ' COLLIER COUNTY, FLORIDA L,b BLOCK B FOUND PARKER-KALON LOT 31 1.N NAIL AND DISK NO IDENTIFICATION TERRACE AVENUE I, h moi _ _ `B'-� 30 0 15 30 60 60'R/W(P) FOUND DEXHJ y • '--�/ �►�'���'�-of '.....4„...— LOT 34 1 INCH = 30 FEET I N89'38'29"E . ' NORTH LINE I 1 4.44' LOT 32 I NELOT CORNER32 1LOT 33 STA. 74+50.54 F14134'(P) OFFSET 48.15' LEFT ILOT 35 IF r& LOT 32 M cd a i N LD I I ,89'37'24"E No Lo t41.O1'(P) 4.00' Z . - a US r4 a -- 40(P)— 40'(P) _ I 1111----JJJJ '"'i ROCK CREEK PARK' E.�q I PLAT OOK1 , PAGE 79 r ��,Qo.., Q BLOCK A - �s- 76 { g:-. COLLIERI COUNTY '-n o r4 I • FOLIO NO.' 70720440006 w m _,z ' I v I L01 30 I to L,.Li `r)0z cL LOT 29 'I N(nJ I F I E CURVE ¢ o RADIUS = 1 1 1.00' w I't 9 vo m D ._ In CENTRAL ANGLE = 89'41'42" - I o z Ze CHORD BEARING = ,44'26"06"E LOT 29 CHORD DISTANCE = 156.56' LOT 31 a Ct II ARC LENGTH = 173.77' N89'24'41"E 11.19' K I WEST /—EAST LOTS 31J-32 N WEST LINE I N00'49 6.34' LOT 29 38 I. 1 40'(P) 40(P) 40.(P) 60(P) STA. 72+74.94 OFFSET 49.48' LEFT 589'24'41"W 139.99' SW CORNER SOUTH LINE LOT 29 LOTS 29-31 POINT OF BEGINNING SE CORNER N LOT 31 N BLOCK A o N LEGEND: 10 (P) = PLAT DATA !n B/L = BASE LINE rn STA. = STATION d- vw = RIGHT OF WAY O pi = POINT OF INTERSECTION DAVIS BOULEVARD (SR 84) z STATIONING PER COLLIER COUNTY DESIGN 100'R/YOB`-) PLAN FOR AIRPORT-PULLING ROAD AND DAVIS BOULEVARD (SR 84) INTERSECTION — - IMPROVEMENT B/L SURVEY / THIS SKETCH IS NOT VALID WITHOUT (DAVIS BOULEVARD)-/ N ACCOMPANYING DESCRIPTION SHOWN PI STA. 72+04.72, B/L SURVEY (AIRPORT-PULLING RD)= ON SHEET 1 OF 2 STA. 10+20.02, B/L SURVEY (DAVIS BOULEVARD) AIM Engineering & Surveying, Inc. LB 3114 THIS IS NOT A SURVEY SHEET 2 OF 2 5300 LEE BLVD. PROJECT NUMBER:DESCRIPTION: DESCRIPTION AND SKETCH OF A PARCEL OF LAND P.O. BOX 1235 11-9841 LYING IN SECTION 2-50S-25E ? LEHIGH ACRES FLORIDA 33970 DRAWN BY: CLIENT: JES COLLIER COUNTY (239) 332-4569 DATE. SEC-TWP-RGE FILE: COUNTY: A I M FX:(239) 332-8734 02-03-12 2-50S-25E 11-9841 SD.DWG (P3) COLLIER COUNTY DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA EXHIBIT PARCEL NO. 103FEE2 DESCRIPTION: A PORTION OF LOTS 33 AND 34, BLOCK A, ROCK CREEK PARK, AS RECORDED IN PLAT BOOK 1, PAGE 79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SITUATED IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 34 OF SAID BLOCK A, ROCK CREEK PARK; THENCE SOO'23"55"E FOR 89.94 FEET ALONG THE EAST LINE OF SAID LOTS 33 AND 34, ALSO BEING THE WESTERLY RIGHT—OF—WAY LINE OF AIRPORT—PULLING ROAD (100' R/W) TO THE SOUTHEAST CORNER OF LOT 33; THENCE 589'38'29"W FOR 14.44 FEET ALONG THE SOUTH LINE OF SAID LOT 33; THENCE N00'22'36"W FOR 32.21 FEET; THENCE N00°08'49"E FOR 26.55 FEET; THENCE N08'50`38"W FOR 31.53 FEET TO A POINT ON THE NORTH LINE OF LOT 34; THENCE N89'38'29"E FOR 18.80 FEET ALONG THE NORTH LINE OF SAID LOT 34 TO THE POINT OF BEGINNING. NOTES: 1. THE BEARINGS SHOWN HEREON ARE BASED UPON NORTH AMERICAN DATUM 83 (NATIONAL SPATIAL REFERENCE SYSTEM 2007) ALSO KNOWN AS NORTH AMERICAN DATUM 83 (2007), STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, HAVING THE EAST LINE OF BLOCKS A & B, ROCK CREEK PARK, PLAT BOOK 1, PAGE 79 AS 500'23'55"E. 2. PARCEL SHOWN HEREON CONTAINS 1359 SQUARE FEET, MORE OR LESS. TECM - ROW MAY 222012 /°cgy7L THIS DESCRIPTION IS NOT VALID WITHOUT ACCOMPANYING SKETCH DAVID G. DEARIE, SHOWN ON SHEET 2 OF 2 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE No. 4989 MM Engineering & Surveying, Inc. LH 3114 THIS IS NOT A SURVEY SHEET 1 OF 2 =— 5300 LEE BLVD, ROJECT NUMBER:DESCRIPTION: DESCRIPTION AND SKETCH OF A PARCEL OF LAND if P.O. BOA 1RES P LEHIGH ACRES 11_9841 LYING IN SECTION 2-50S-25E FLORIDA 33970 DRAWN BY: CLIENT: = = JES COLLIER COUNTY (239) 332-4569 DATE: SEC-TWP-RGE FILE: COUNTY: A 1 M FX:(239) 332-8734 02-03-12 2-50S-25E 11-8841 SD.DWG (P2) COLLIER COUNTY SKETCH OF LOT 35 FOUND 5/8" IRON ROD A PARCEL OF LAND LYING IN ,g- AND CAP "LB 2464' SECTION 2,TOWNSHIP 50 SOUTH,RANGE 25 EAST n e COLLIER COUNTY, FLORIDA z N N 1 �i I' ■� I - BLOCK B- LOT 31 ``/ \��\\\ - — — FOUND PARKER-KALON /'I . `�1 r7 NAIL AND DISK NO IDENTIFICATION '\0 jI IIA' 1 ' :L ". TERRACE AVENUE 60'R/W(P) POINT OFBEGINNING N89-38'29"E NE CORNER NORTH LINE 18.80' LOT 34, BLOCK A LOT 34- FOUND DRILL HOLE STA. 75+40.48 - - I - - - 141.98'(P) OFFSET 47.47' LEFT , 1 N08-50'38"W �d.J LOT 34 31.53' ; o J''�, -1- I < 1 I COLLIER COUNTY ao 3 Z U "FOLIO NO." 70720480008 7 - DO Q m 1 1 0 � WJ , b in 141.66'(P) J.W co �y o N N00'08'49"E , N 3 o Z_ O (.� 26.55' LU N V4_ �y L. o 011) fy� O BLOCK A - o o m 6 x LOT 35 1 LOT 33 a 4 N!: EAST LINE N CVLOTS 33-34 1 Io .. SE CORNER LOT 33 0 141.34'(P) Z t; ",r/ STA. 74+05.54 1 FR O C K CREEK PARK I OFFSET 48.52' LEFT S89'38'29'W PLAT BOOK 1 , PAGE 79 14.44' 1 tE. I SOUTH LINE 11 LOT 32 a I LOT 33 '' I 141.01'(P) j K UT1 40'(P) T 40'(P) 1 ao'(P) s1.o1'(P) z v ro- r 1 LOT 28 1 LOT 29 1 LOT 30 1 LOT 31 I UJ QI 00 J I 1 1 1 I x 0 0 H 300 1530 60 ozi to 1 INCH = 30 FEET 3 C) za O F O 1n Z THIS SKETCH IS NOT VALID WITHOUT w LEGEND: ACCOMPANYING DESCRIPTION SHOWN (P) = PLAT DATA ON SHEET 1 OF 2 B/L = BASE LINE STA. = STATION RPI = RIGHT OF WAY PI = POINT OF INTERSECTION DAVIS BOULEVARD (SR 84) 100'R/W(P) STATIONING PER COLLIER COUNTY DESIGN PLAN FOR AIRPORT-PULLING ROAD AND DAVIS BOULEVARD (SR 84) INTERSECTION 8/L SURVEY yi IMPROVEMENT (DAVIS BOULEVARD) N r PI STA. 724-04.72, B/L SURVEY (AIRPORT-PULLING RD)= STA. 104-20.02, B/L SURVEY (DAVIS BOULEVARD) AIM En sneering & Surveying, Inc. LB 3114 THIS IS NOT A SURVEY SHEET 2 OF 2 5300 LEE BLVD. PROJECT NUMBER:DESCRIPTION: DESCRIPTION AND SKETCH OF A PARCEL OF LAND P.O. BOX 1235 11-9841 LYING IN SECTION 2-SOS-25E LEHIGH ACRES FLORIDA 33970 DRAWN BY CLIENT: (239) 332-4569 JES COLLIER COUNTY DATE: SEC-TWP-'RGE FILE: COUNTY. A I M FX:(239) 332-8734 02-03-12 2-50S-25E 11-9841 SD.DWG (P2) COLLIER COUNTY EXHIBIT Page I of Addendum to Commercial Contract Seller: Dennis R.Combs Buyer: 11 of Tamiami, Inc. Property: 1500 Airport Pulling Road South,Naples,Florida. Recitals Whereas,the parties have executed that certain Commercial Contract, fully executed as of September 14,2016;and Whereas,Collier County(the"County")informed Seller on February 2,2017 that it plans to widen the turn lane at Airport Pulling Road and Davis Boulevard and may acquire a portion of the Property;and Whereas,the parties agree that it benefits both parties to include certain provisions into any agreement reached between the Buyer and the County regarding a portion of the Property used for the County's road widening project. Now,therefore, for consideration,the sufficiency of which is acknowledged,the parties agree to the terms of this Addendum to Commercial Contract("Addendum")as follows: 1)The Recitals are true and correct and incorporated herein. 2)Any future agreement between the Buyer and the County regarding the Property shall include the following provisions, in substantially similar form and content,unless otherwise agreed to in writing by Seller: a. Collier County(the"County") shall pay to Dermis Combs,an individual whose mailing address is 1500 Airport Road South,Naples, FL 34104 and who is a tenant on the Property("Mr. Combs"),an amount of ten thousand dollars(510,000).The County acknowledges and agrees that this amount is expected to be more than sufficient to cover all of Mr.Combs' fees charged by federal,state and local agencies in order to obtain a certificate of occupancy for Seller's property at 76 Industrial Boulevard,Naples,Florida(the"New Building"),The County shall reimburse Mr.Combs for any costs above that amount caused by the County's obstructionist,non-responsive or obfuscatory acts or omissions in regards to Seller's attempt to obtain a certificate of occupancy. b. Mr. Combs undertakes to use his best endeavors and to move diligently forward with obtaining all required permits and a certificate of occupancy to enable him to relocate his business to the New Building. Provided that Mr. Combs complies with the aforesaid obligations, County shall not commence construction or work on the Property before Mr. Combs has relocated to his New Building or before January 1, 2019, whichever is sooner. Notwithstanding the foregoing, the January 1, 2019 relocation deadline shall not be applicable if the cause of the inability of Mr. Combs to relocate is County's obstructionist, non-responsive or obfuscatory acts or omissions in regards to Mr. Comb's attempt to obtain a certificate of occupancy. c. Mr. Combs shall be a third party beneficiary under this Agreement and shall have the right to enforce the provisions hereunder, d. These Sections a.,b,and c.shall survive Closing. 3)This Addendum may be signed in counterparts,and a signed copy,scan,or facsimile of this Addendum shall be considered an original. 4)The terms of this Addendum shall survive Closing. Signatures: Seller: Buyer: Dennis R..Combs Date TT of Tamiarni, Inc. Date 550544.1 5/11/2017 EXHIBIT Page_____ of Addendum to Commercial Contract Seller: Dennis R.Combs Buyer: Ti'of Tamiami, Inc. Property: 1500 Airport Pulling Road South,Naples,Florida. Recitals Whereas,the parties have executed that certain Commercial Contract,fully executed as of September 14,2016;and Whereas,Collier County(the"County")informed Seller on February 2,2017 that it plans to widen the turn lane at Airport Pulling Road and Davis Boulevard and may acquire a portion of the Property;and Whereas,the parties agree that it benefits both parties to include certain provisions into any agreement reached between the Buyer and the County regarding a portion of the Property used for the County's road widening project. Now,therefore, for consideration,the sufficiency of which is acknowledged,the parties agree to the terms of this Addendum to Commercial Contract("Addendum")as follows: 1)The Recitals are true and correct and incorporated herein. 2)Any future agreement between the Buyer and the County regarding the Property shall include the following provisions, in substantially similar form and content, unless otherwise agreed to in writing by Seller: a. Collier County(the"County") shall pay to Dennis Combs,an individual whose mailing address is 1500 Airport Road South,Naples, FL 34104 and who is a tenant on the Property("Mr.Combs"),an amount of ten thousand dollars($10,000).The County acknowledges and agrees that this amount is expected to be more than sufficient to cover all of Mr.Combs' fees charged by federal,state and local agencies in order to obtain a certificate of occupancy for Seller's property at 76 Industrial Boulevard, Naples,Florida(the"New Building").The County shall reimburse Mr.Combs for any costs above that amount caused by the County's obstructionist,non-responsive or obfuscatory acts or omissions in regards to Seller's attempt to obtain a certificate of occupancy. b, Mr. Combs undertakes to use his best endeavors and to move diligently forward with obtaining all required permits and a certificate of occupancy to enable him to relocate his business to the New Building. Provided that Mr. Combs complies with the aforesaid obligations, County shall not commence construction or work on the Property before Mr. Combs has relocated to his New Building or before January 1, 2019, whichever is sooner. Notwithstanding the foregoing, the January 1, 2019 relocation deadline shall not he applicable if the cause of the inability of Mr. Combs to relocate is County's obstructionist, non-responsive or obfuscatory acts or omissions in regards to Mr.Comb's attempt to obtain a certificate of occupancy. c. Mr. Combs shall be a third party beneficiary under this Agreement and shall have the right to enforce the provisions hereunder. d.These Sections a., b.and c.shall survive Closing. 3)This Addendum may be signed in counterparts,and a signed copy,scan,or facsimile of this Addendum shall be considered an original. 4)The terms of this Addendum shall survive Closing. Signatures: Seller: Buyer: • _ Dennis R.Combs Date TI of l'arniami,Inc. Date 550544,1 5/11/2017