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Backup Documents 01/12/2010 Item #16B4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16,DJ 4 Print on pink paper, Attach to original document. Original documents should be hillld delivered to thl: Board Office The completed routing slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infi.lrmation needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Ian Mitchell (line #5), Route to Addressee(s) Office Initials Date (List in routing order) l. --:::=- 2. 3. - - - ----- 4. 5. Ian Mitchcll, BCC Supervisor Board of County Commissioners A),-" Ilr3ll0 6. Minutes and Records. Clerk of Court's Office .Please scan under LASIP (Main Canal E- W) Project No. 5110 I in the BMR Real Property Foldcr. Thank you PRIMARY CONTACT INFORMATION (The primary conta::t is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event ant' of the addressees above, incluJing Sue Filson, need to cmtact stafl for additional or missing infonnation. All original documents needing the BCC Chairman's signature art' to be delivered to the Bee onlce only after the Bee has acted to approve the item) Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843 Contact For: Paul Youn", Sr. ProD. Acq. Specialist Agenda Date Item was January 12.2010 Agenda Item Number 16.B.4 Approved by the BCC Type of Document Drainage, Access and Maintenance Number of Original One Attached Easement Agreement Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chail111an, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from comracts, agreements. etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other artics exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne 'otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC onOI/12/tO (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. N/A -56 ~ I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.3109 Date: To: From: Re: MEMORANDUM January 14, 2010 Robert Bosch Right-of-Way Coordinator Transportation Department Teresa Polaski, Deputy Clerk Minutes & Records Department Drainage, Access and Maintenance Easement Agreement Project: LA SIP Main (E-W)/Parcel #139DAME & 142DAME Per your request you will find enclosed one copy of the document referenced above (Agenda Item #16B4), adopted by the Board of County Commissioners on January 12,2010. If you should have any questions, please call me at 252-8411. Thank you. Enclosures 1684 PROJECT: PARCEL No(s): FOLIO No(s): LASIP MAIN (E-W) 139DAME and 142DAME a portion of 00432040007 and 55151720006 2684 DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 1'1 r If day of :rANI.A.A~Y , 20~, by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for-profit corporation, whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113 , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit "B" which are attached hereto and made a part of this Agreement (hereinafter referred to collectively as the "Easement"); and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel 139TCE, which is attached hereto as Exhibit "C"; and WHEREAS, Owner desires to convey the Easement 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 Easement. 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $64,700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 1684 Page 2 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur at Collier Transportation Services, 2885 S. Horseshoe Drive, Naples, FI 34104 within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that 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 Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 268 4~ Page 3 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 7 (h) and 8. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, 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. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing, except as expressly permitted in section 5 of this document. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the 168/1 Page 4 .,. Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 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 Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, the Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 10. 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. 11. If the Owner holds the property underlying the Easement 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 underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (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.) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 168,,- Page 5 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER CqUNTY, FLORIDA list 4S tJD~~~ Clerk .fl/llat . . "'411 , urf. on, 4 BY: -""".. DONNA FIALA, Chairman """-';."""",. AS TO OWNER: DATED: 1)3/01 ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for-profit corporation on Jb;1n.;ils Witness (Signature) [)d~/lyJ.-I) '^", H.4/UdtJ Name (Print or Type) i; . /1 P I~.G~/:P :,=t:c#Jl.<1 Witness (Signature) c; 1(1/11 /J 'r]; i.:- (kN ( I Name (Print or Type) Approved as to form and legal sufficiency: ~6-U~ Assista County Attorney C:;XHIBfT IIA~l 1684 .'J'3ge \ rA L h ,.. ~ <: ~ "'", '" ClJ 2,,,, , '" &i '" <n'" ~'" (j ". ~(j ,::: h - C ).. ,,..) 0.:_'" "'.... --.J-:Z; --<=::l ,.."- h <n u'" ,,""' . g:?;", GO 0"''' !b4) :'{Qi <.)~Q " . SCAL!: I" .. 100' '"'" tiCl. ~~ :-.)0'-) ,- euO ;>:5g 0","- c." 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FOR __f.OLLIER COUNTY STORM WA TER MANAGEMENT :::: l1n~ SKETCH AND OE$CRIPnON 0"- A DRAINAGE, ACCESS, AND MAINTENANCF CASEUENT, PART OF TRACT N, LEl Y GOLF ESTA TES TRACT MAP, P.B. 8, PG, 20, COLLIER COUNTY. FLORIDA NOT A SURVEY DfSlGN€D aYe ORA~aY; JIo.N CHfCKW BY: :;p~ .... COGO . :::::. UWDAG&_ \/lEI\" PLOT aAl[: $CP. 2J. 1009 ::''-=:::'~':=;:'''~W;:::'''fl...,::===-~ . __~_fJU NO. ~~,:::=:a"::::--~"':..--=-'::-",Ull1....l:::::::;: SCAlE: ,.- 100' ACADJ:102~2_SD9 10252 /lie: A68 FROJi:cr NO. 7599- 2 SHfHN(). 1 OF 5 EXHIBIT Page Lor MA TCHLlNE SEE SHEET 1 OF 5 <.t) ~ a ~Q"l <::<.t)"ej ....t.w:::EQ <..:J........ "e5<..:Jo:j ~(;)~ . ~ en --.J Q l.u --.J =:;~ _ 0 EB~(j s;oQ U. Q 0, -0"'- 8~cri <<0: "'0 ;............ ,....,.". I ~~:8.8.~8:::.~.~.[:;.8 "'"><0<:)01"-,.,0<0",_0 f'<t. Y'l"'?",:,,"":- r-". "'''''''-''-'''<':>''''''''''''0 "'QJQ;I">" \tl <0"->0 "'.... . ~l v,...,. ~ <II ('\ VJ it. Z .z ~ ~ '. "- ''< "'. ... ~. "'. 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L"O_"'''''.,~,,, ",...,...,...,....,...,,,,..., '-""''''''--.1->->--.1--.1--.1 VI ~ a ;::Q"l <::<.t)"ej i--l.u:::EQ <..:J....i-- "-J l.l - cro"l:(J f':'(;)cr . ~f':'~ -J Q t..j -J Q''''Ai,[ I. DIMENSIONS ARE: IN Fcn "ND Df:CIIoIAJ..S THOU:OF. P.D.S. .. POINT OF 8ECiNNIN,;. J P.O.C ~ PO/NT OF COlJl,ffNC[~(NT .. 1".0. 1. .. Porta Of.'" fEPlAmU5 5 ff,OW. .. RI<;Hr~UF-WAY. 6 O.L .. DRAIN....I,;E !::A5EM(Nr, 7 LB.c. - LANDSCAPe f/UFFO~ c....s(lJua. 8. T.C-E. .. ttJ./PORARY CONsmucnON ("S[MCf./r. 9, 0.,1,1>1,[ .. OR,I,INAGE, ACCfSS ....NO IJAlNrtNANCC EASf)./ENr. 10. BEARINCS ARt aAS[O ON mE FLORIDA STAT( PLANE EAST 10m:, NAD fJJ/99 ADJl1STMENT. F~OLLIER COUN-.I!: STORM WA TEi? MANAGEMENT iiiilEou rJnE SKETCH AND OCSCRIPnON OF" A DRAINAGE. ACCESS E::::. ER Iol AND MAINTENANCE EASEMENT, PART OF TRACT N. ::::.. UNDAGE.... \IIUt, L/;Lt GOlF [5TA7[$ TRACT MAP, P.B. 8, PC. 20, ==.~.:-=:.::..:.':~.....~I=~~ COLUER COUNTY. FLORIDA ~...-:.=:..-:::~..;...._a.:--=--""..,':..=c.::.::: SCALE OESlGNfi) 8'(' ORA:WN at; JAN cncCKfO 111'; GPA COCO NOT A SURVEY ... ....eo PROJ(CT NU, 7599-2 SHEET NO Peor OMC: sCPo 2J, 2009 2 OF 5 rI('E NO 10252 I~.. 100' ...c....o '.I02!J2-SDfJ MA TCHLlNE SEE SHEET 2 OF 4 THE HAMMOCK'S CONDOMINIUM C.P.B. 20. PG. 91 Q ~ ~ 0 '" "':;::- ~Q."l "'''' g~ "", <:U)"'<: . ~~ . ~i:; i-lLJ::'~ ,-"0'" Uki-Q. SQQ ""'..... '" . :r::r: "'<: -.J U - leO" ~O",<:<Q ~,,- '-"'" o . ~(i ~~ . ()O::OJ. }... ~ o' ~b ",Q -.J Q. "" ~g lLJ ::; -.J "'" 0: '" .,., '" a:)<3 o-Q 0" ~::'E:t'..' a::?SC\t ",. :::6cti "0: (j ruB COlLIER COUNTY STORM WA TER MANAGEMENT nnr'SKfTCH AND DCSCRIPnON OF A DRAINAGE, ACCesS AND MAINTENANCE EASEMENT, PART OF TRACT N, LEn GOLF tSTATES TRACT MAP, P.B. 8, PC. 20. COJ..LJ[R COUNTY, FLORIDA o o + o ~ EXHIBIT .2. of 'q" I . I Page .5""" 1684 SCALe: I" .. fOO' ----t-z-c:=:r 1:1 I' , f., f ,< I I U II w I I :i! : I w~C!i I I ::l~ en : I ~t:: C"") I Qcj "t"" I t.1~ ~i ci I ::J<5C1:iZ I &:C...J I V W U) I I U lLJ I 1I:;.c: 0 In <( ~Q."l ::2 n. :Z:(J)~0 : I I- LU::'" I, <.) '-l" I i-1 l.A., t- o r_ ;;-; <5~ tXl' I P ~~A:: . : J<lJ >- t-:=~ , 'G ,...j a... \~ lLJ \ , -J 'v " ......... ~ ..y. .........................;; . <:;)~ fIl<<:C ~ ............ .........('0 ,-\' .... ~ ... 'I'o..{ ~ ~ ;;:~ " <'. 0 :5:,) ;-, ~ ~ a. , EJD ~l It: -1- I-s' 5.~~._10. -\ \ II /,"'1 ,,/// ~ ..... ,,';' \.J lJ' ,,,,,,,' l tI',' ,,~/ /, ,/ , I Q /'/' . N' \ /,7 l,/' " t' s't::t:.'t: !~~~~ ",;.,..,'- "':'l':"lp:'" ~ '"':t _ <J G.:l <0"" "1 ~ ,", w, ~""< -, ... ( ~ "'!i>J... ^ ~ ~ ~ ~ ~"'''J<1)Q ~:l'J'J: ..ell;; 0" 51ti / o~ '" ~ " "- >- ."1 ",V"1 .....~"-I ~- :s ~0 oC3Q llcrl-') ::;""1 ~:2:::: Qtsci ~ . " 0 >- o '" 0,,...104.[. 'i~ 10 3:: ~:t:t = 3:: 3:: ,....,.. . .....;oJ..,...."',...,...,....'.. ">")-<:>"<,",,0,,,... ~~~;.~~~~~~ ""''''''''''...,0''-'"""" \OlOCl.......,lOCl.............. ~ <l:. ~'l VI '" ;:: :0:: VI V1 ~ ' ". .... "" "'.""l............ Q" .....,,0;)\0".-: '0.'" ;{!:!~~;;~~_.~ i- c .".<'""~,,~ ~"'j~;::3~~~;i"'<<:i ""<....._......."1..._-- ~~~g~~~~88 9gg<o;i"!?:-O"'0;"""'" ~__....__'"'J...."'''' ~:O~~:~3~;;~:~ ~~~~8~~~~~ :;.....:2~~~:::!...;,;: "' I ~ ""..... Q' 0. - ('~...,... '<l ~GGtic(:p:n::tn.'J ~ CFNt'RA' NrHF<:' I DlV(N$JQNS ...lIe IN rEEr ....ND DEC/lJJ.L$ 1!l[f..T(jF. 2. p.o.e. .. POINT OF 8((;IfiNi/>;C. J. P,O.C, '" F'O/Nr OF COMi./[NCEMfNT. oi POT, .. POINT OF TERMiNUS, =." R,O,W. .. RIGHT-OF_W....y. 6. D.E. .. DR....INAGE EASOJfN r, 7. L,8,[, .. LANDSCAPE: BUFFER fA,$[JoIENT 8 r.C.E. .. rOJPORARY CONS1f<UCIl0N ('AS[lAENr 9. D,A."E .. DRA.INAGE. ACCESS ).NO liA.INrENANCf (,.,S(M[Nr. IQ. BEARINGS ARE SA.SED cw me fLORIOA STArr PLANE EAST lON(, NAD 8J/99 .AO.AJSTJJENT. NOT A SURVEY .... .... ... .... .... .... :.:::. .:.... UNDAGB.... P""-i ...._.... ............... .. i&:>d ._,.,.. ,... (____ -~--.---_.......n._t_....'" ...........----...-""-.....,. C___IUI -"'--"---- ....1__~ DCSJCNCD 8~ DRAiIfJ 9Y criECKEO BV, ooco 1'lE": "'N OPA '" ABa PRO-Jf:C1 NQ 7599- 2 SN(<:T NO- SCALE; PLon CIA rEo' SEP. ZJ. ZOO$ FlU; NO, ,... 100' ACAD 1:102S2-SD'Hl 10252 j OF 5 \1 \I EXHIBIT [3, 1 6 8 J. Page Y of ;; ..,. PARCEL NO. 139DAME DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT ALL THA T PART OF TRACT N, LEL Y GOLF ESTA TES TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89"27'.38" EAST A DISTANCE OF 6.25 FEET TO THE BASELINE OF THE PROPOSED DRAINAGE IMPROVEMENTS BEING STATION 68+98..3.3; THENCE SOUTH 00'19'53" WEST ALONG SAID BASELINE A DISTANCE OF 151.0.3 FEET TO THE BEGINNING OF A CURVE CONCA VE EASTERL Y AND HAVING A RADIUS OF 2.500.00 FEET BEING STA TION 67+41.52; THENCE SOUTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03"29'47" AN ARC DISTANCE OF 152.S6 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45,00 FEET BEING STATION 65+88,95; THENCE SOUTHW[STERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 93"44'32" AN ARC DISTANCE OF 7.3.62 FEET BEiNG STATION 65+15.3.3; THENCE NORTH 89'25'2.3" WEST A DISTANCE OF 1,0.31.17 FEET BEING STA TIDN 54+84,16; THENCE LEA VlNG SAID BASELINE SOUTH 00'34'37" WEST A DISTANCE: OF 50,00 FEET TO THE SOUTHERL Y LINE OF AN EXISTING 100' WIDE DRAINAGE RIGHT-OF-WAY AND THE POINT OF BEGINNING OF A 12.00 FOOT WIDE DRAINAGE. ACCESS AND MAINTENANCE EASEMENT LYING 6,00 FEET ON EACH SIDE 01 THE FOLLOWING DESCRIBED CENTERLINE; THENCE SOUTH 44'52'59" WEST A DISTANCE OF 92.91 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75,00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59'00'06" AN ARC DISTANCE OF 77.2.3 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERL Y AND HAVING A RADIUS OF 68.30 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'13"59" AN ARC OISTANCE OF .34,85 FEET; THENCE SOUTH 74'39'07" WEST A DISTANCE OF 19.42 FEU TO TNE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 143.41 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF' 26'22'02" AN ARC DISTANCE OF 66,00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCA VE SOUTHERL Y AND HA VING A RADIUS OF 200,27 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGII A CENTRAL ANGLE OF 16'40'18" AN ARC DISTANCE OF 58,27 FEET; THENCE SOUTH 84'20'51" WEST A DISTANCE OF 32.47 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE' WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'27"22" AN ARC DISTANCE OF 16.11 FEET: THENCE soum 65'53'28" WEST A DISTANCE OF' 57,72 FEET TO THE BEGINNINC OF A CURVE CONCA VE SOUTHEASTERLY AND HA VING A RADIUS OF 36.00 FEET; !HENCE SOU TII WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"10'52" AN ARC DISTANCE OF 7,03 FEET; THENCE SOUTH 54'42'37" WEST A DISTANCE OF 38,99 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 36,00 FEET; THENCE WESTERL Y ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE OF 25'55'12" AN ARC DISTANCE OF 16.29 FEET; THENCE SOUTH 80'37'49" WEST A DISTANCE OF 30.17 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75.00 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43"31'50" AN ARC OISTANCE OF 56.98 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERL Y AND HAVING A RADIUS OF 197.29 FEET; THENCE NOR TH WESTERL Y ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE OF 20'50'25" AN ARC DISTANCE OF 71. 76 FEET TO THE BEGiNNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 36,00 FEET; THENCE NOR TH WESTERL Y ALONG TilE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'58'38" AN ARC DISTANCE OF 28.26 FEET; THENCE NORTH 31"42'08" WEST A OISTANCE OF 30,94 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTIIWESTERL Y AND HAVING A RADIUS OF 100,00 FEET; THENCE: NOH TH WESTERL Y ALONG THE ARC OF SAID CURVE THHOUGH A CENTRAL ANGLE OF 17"15'59" AN ARC DISTANCE OF 30,14 FEET; THENCE NORTH 48'58'07" WEST A DISTANCE OF 25.62 FEET TO THE BE'GINNING OF A CURVE CONCAVE SOUTHERLY AND IIAVING A RADIUS OF 100.00 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41'25'01"' AN ARC DISTANCE OF' 72.29 F'EET; THENCE SOUTH 89'36'53" WEST A DISTANCE OF' 136,23 FEET TO AN INTERSECT/ON WITH THE ARC OF A .'10.'1- TANGENT CURVE CONCA VE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH 00'42'19" WEST A DISTANCE OF 100.00 FEET; THENCE: WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGII A CENTRAL ANGLE OF 07"19'23"' AN ARC DISTANCE OF 12.78 FEET; THENCE NORTH 83"3.3"06" WEST A DISTANCE OF 100.23 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET; THENCE SOU TII WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65'23'22" AN ARC DISTANCE OF' 41.09 FEET; >4-~ Rf\4SED flCJJlJNa FOR; ..If;-. Dt:iGNEO BY: COLLIER COUNTY STORM WA TER MANAGEMENT iii- NOLI ~~ 8Y~. JN4 nr.L: .. CHECKfO B'r. GPA SKnCH AND DESCRIPTIQN or A. DRAINA.Ge. ACCESS I:::: " cooo AND MAINTENANCE EASEMENT. PART OF TRACT N, U:::- OND.lCI.... ~r. PLOT.2 LELY CCU ESTATES TRACT IJAP. P.B. S. Pc. 20. ~::t:"'_--=:...~~~..':== . COWER C()IJNTY. FLORIDA -.......-::.:::.-:::::-..:.-:...ao:-.:::-III.....':..====: sc...u, H.r.5. NOT A SURVEY "', A86 PR~CT ,",'a 7599 2 LMI'(:~.2.\ FU..C NO. Ac.w I;J025Z-SVrN. 10252 SHEIT NO. 4 OF 5 "'88 PROJeCT NO. 7599 2 SliCfT NO D....n::S~p. 2J, 2009 5 OF 5 '-. FILE NO EXHIBIT IIi?) I} Page 5:01 .; PARCEL NO. 139DAME DESCRIPTION OF PERPETUAL. NON-EXCLUSIVE DRAINAGE. ACCESS AND MAINTENANCE EASEMENT (CONTINUED) TrlENCE SOUTH .31'0.3'.32" WeST A DiSTANCE OF 90.86 FEU TO TIlE BEGINNING OF A CURVE CONCAVE. NORTHWESTf.RLY AND HAVING A ,9ADIUS OF 110.00 FEET; THENCE SOU TliWES TERL Y ALONG THE ARC OF SAID CURVE TlI/lOUGH A CENTRAL ANGLE 0,.- 16'00'59" AN ARC DISTANCE OF 30.75 FEET TO THE BE.GINNfNG OF A COMPOUND OURVE CONCA VE NORTHWESTERL Y AND flAVING A A'ADIUS OF 25.00 FEET; THENCE SOUTHWESTER! Y ALONG THE ARO OF SAIO COMPOUND CURVE, TlII70UGrI A CENTRAL ANGLE OF 04"21"47" FGR AN ARC DISTANCE OF 1.90 FEU TO POINT "A" AND THE POINT OF TERMiNUS OF THE CENTERLINE HEREIN DESCRIBED, POINT "A" ALSO BEING TflE POiN I OF BEGINNING OF A 10.00 FOOT WIDE DRAINAGE. ACCESS AND MAINTENANCE EASEMENT LYiNG 5.00 FEET ON EACH SIDE OF TflE FOLLOWING OESCR/8m CEN TERUNE; BEGINNING A i SAID POiNT "A "; THUICE CON TlNUlNG ALONG THE ARC OF THE AFORESAID CURVE WESTERL Y THROUGH' A CENTRAL ANGLE OF 41'20'56" AN ARC DiSTANCE: OF 18.04 FEU TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS 01- 161.92 FEU; THENCE WESIERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1823'31" AN ARC DISTANCE OF 51.98 FEU TO THE: BEGINNING OF A REVERSE CURVE CONCAVE NORTHERL Y AND HAVING A RADIUS OF 36.66 FEU; THENCf WESTfRL Y ALONG THE AIIC OF SAID CURVE: TflROUGH A CENTRAL ANGLf OF 70'13'24" AN ARC DISTANCE 01- 44,93 FEU TO THE 8EGINNING Of- A (IE VERSE: CURVE CONCAVE SOUTriWESTERLY AND HAVING A RADJUS OF 491.36 PEE 7; THENCE NOR (,IWESTERL Y ALONG THE MIC OF' SAID CURVE THliOUGH A CENT.RAL ANGLE ()F 15'18'27" AN Ah'C DISTANCE OF 137.26 FEET; tHENCE NoraH -0'41"14" WEST A DISTANCE OF 56.43 ITfT TO THE POINT OF TERMiNUS 0;- T EASEMEN THEREIN OESCRI8W; CONTAiNING 11,.54 SQUARE: FEU OF LAND MORE' OR LE:SS; SUB,'ECT TO E EMENTS AND ,RESTRICITONS OF RECORD ~ ---'-------------. ._-,- CUy p, ADAMS, L S, NO. 4390 5-.-09 RHlst:D 8[,ARJNC 'OR ....~ COLLIER COUNTY STORM WA TER MANAGEMENT :::: au ~~ :m SI<ETCIi AND DESCRIPnON OF' A DRAINAGE ACCESS I:::. . iA at AND MAiNTENANCE: EASEMENT, PART OF mACT N. :u::: UNOACE_ LfLY COLF ESTATES TRACT MAP, P.B. B, PC. 20, =~.:-.::::.....~":.........:."i:l=:::::': COLLIER COUNTY, FLORIDA ...-.--._-10.._........"'.... (_....111 SCALe: -..__a_....._ _~_... NOT A SURVEY DESIGN 0 8Y; ORA'AN 8Y; ~ CH~CXEiO BY: (;P~ COCO \Il~W: ,.. PLOTZ N,t.S. "'CAD Id02:;2-509 160" 10252 h ).. '" Lu", ;2 ij" cl.", Ul" "'. 0" Lu" ,'" )..0.. h- '" - t50 '"~ <Eo.. ,- LL'" luG 0 ,,'"- 'ei ",0> h . " :roO -ei " "'. i <E QO a - I~-.J a I I I '';',~7\ S 0019'53" W 15L03 ./f 68+00 I :' I h -'"- Q "'" :::J~ .C'\1 o:::J(:) . uZ"Qt.:I - 0.. -;"{ ~ C)~ , t;;Q~C:; :;):2: "0) "OQ:) :JuQci "<( <..ici I , \ i , I I I I I ~ '" Q:) ~ :3 v '"- 0...... >-,1') IOU) g:~~ 0..", ",_. iJi'" ",,,," "'~ OLuQ 3: l.) c[ f<-f i ~~ ~"<('"'J I :<: ;q!<=;: 'I <:)00:( 0... k , (\jet:: OQ:lJ..i : "'0 ~ cj~-", I ;...: <{~ I ~ 0 o~ I ~ Ct: ~g I ~ ~" fL28 ........... [f~ P.O.B. I" C" .-.l ~ N lr]J'JJ" \ ,v "\ E 6.76--.., \Is 02"~~"5.. W 93,22\ C2 67+00 <<+Q~ ~ L ;2 r~"'c cl.", ---0 "<0",,..- ",~;..- 0" :t-f'lr-P ,'" ...,...",", ..-0 lQ '1 h- VjVllt')~ Gcj <Eo.. ~~~~~ Luei lli"'oio; ,,'"- '<I~'"'l"- ",0> ~ '" . ;~~~~~ -Q ~ ~o ~~~~ ~~ a .. Q- a -log8g '-':it " ~gga ~ .,....c:>... "' t~l1~ ~'~R ~ ",1')0.." ~-"0' _- u <..> <..> ~ m oj D ro D + + ~ ~ ro ro " u Q ~ ~ ~ ~ ,.; + ~ ro ).. '" '" ~ II ou , ~ g h ~ 2 ~ iO :!i Q: co ~ UJ ""J "2: ~ '" ~ ~G It) ~Q r;: Qc)' D. '"- o VI (0) ,J; 0 lD -ci t:o '" Q o " D o + N ro es "" is " PARCEL NO. 142DAME PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT TECM.ROW SEP 18, 2009 REVISED SEPT. l~. 2009 EXHIBIT ~ \ of l6B.~ '811 - ., J{ "__ ----.i-Z -<=:::3 SCALE: r '" 100' . !~ ~~: ~~~ ~~ III (J) '" d '"- I::! 0 ).. ." ~Q"l I!O"" ~ "'''' :<::(J)-': . ~ ",- . f-.lJJ::E<:l ~ ::> -" -c otJu.. ClL..f-.Q ~~ V-J . ,..:~ ~~~ -.: -.J Cl . ~~ Q::O-,:co ;i<=::: I"'<:l~ . / QLL . ).. ~ OQ -J . -.J Q '" 0 ).. UJ 0 -.J Q r.FNrRAI NtlW": L DIMENSiONS ARE IN FEET AND DECIMALS [HEREOF 2. P.o.B. at POINT Of BEGINNING J. P.D.C. .. POINT OF COMMENCEMENT, 4. RD.\\'. '" RIGHI-OF-WAY, 5. [) A M E - DRAINAGE. ACCESS AND MAINTENANCE EASEMENT 6. L.B.E, .. LANDSCAPE BUFFER fASEI.IENT. 7. BEARINCS ARE BASED ON THf FLORIDA STATE PLANE [AST ZONE, NAD 83/99 AD.JI./STl./ENT. NOT A SURVEY F~OLLlER COUNTY STORM WA TER MANAGEMENT iiii[l:ou nTlf": ::::. ER &: SKETCH AND DESCRIPTION OF A D.A.M.E :::::. PART OF ROYAL PALM COUNTRY CLUB, LYING IN ~ .~=.E:.......... It \&.o;d .......,...... r... (DOjOM-_ SECnON 20, TOWNSHIP 50 SOUTH. RANGE 26 EAST __ ~ _ _. _ '-'-',..... _ II.... ... "1"1_"'_1111 COLLIER COUNTY, FLORIDA ~"-.:".::"::''';:::",~''''''--=-':::-J1.'''~'''l=::::''~ SCALE.' DESIGNED BY, DRA~ BY, J"'N OI(CKW BY, CPA ,oco VIEW: DA TE"; APR. 2J, 200 1 OF 2 FILe NO. 10252 ". ABB PROJf:Cf NO 7599 2 ~ -- SHEET NO. PLon !. '* 100' AC....O I: I0252-SD5 --' EXHIBIT ,l (3 1/ '''lor ...J.... d L. PARCEL NO. 142DAME DESCRIPTION OF PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT ALL THA T PART OF ROYAL PALM COUNTRY CLUB LYING IN THE NORTHEAST QUARTER OF SECTiON 20, TOWNS/liP 50 SOUTH, RANGE 26 EAST, COLLIER COUN fY. FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNEr< OF TRACT N, LEL Y GOLF ESTA TES TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20; THENCE SOUTH 89'27'38" EAST A DISTANCE OF 6.25 FEET 10 THE BASELINE OF THE PROPOSED DRAINAGE IMPROVEMENTS BEING STA TlON 68+98.33; THENCE SOUTH CO'19'S3" WEST ALONG SAID BASELINE A DISTANCE OF 15103 FEU TO THE BEGINNING OF A CURVE CONCA VE LASTERL Y AND HA VING A RAD/US OF 2.500.00 FEU BEING STA TlON 67+41.52; THENCE SOUTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03"29'47" AN ARC DISTANCE OF 152.56 FEET BEING STATION 65+88.95; THENCE LEA VING SAID BASELINE NOR /'H 71'23"33"' EAST A DISTANCE OF 6.76 FEU TO THE EASfERL Y LINE OF AN EXISTING 30' DRAINAGE RIGHT-OF-WAY AND THE POINT OF BEGINNING OF TJjE eASEMENT HElWN BEING DESCRIBED; THENCE SOUTH 02'45'54" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 93.22 FEU TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURve CONCA v'[ NORTHWESTERL Y AND WHOSE RADIUS POINT BEARS NORTH 20'18'45" WEST A DISTANCE OF 70.00 FEU; TliE'NCE LEA VING SAID EASTERL Y LINE NORTHEASTERL Y ALONG THE ARC OF SAID NON-TANGENT GURVE fHROUGH A CENTRAL ANGLE OF 69'19'10" AN ARC DISTANCE OF 84.69 FEU; THENCE NORTH 04'23"29" WEST A DISTANCE OF 28.51 FEU TO THE SOUTHERL Y LINE: OF AUGUSTA COURT CONDOMINIUM (C.P.B. 20, PG. 31) AND AN INn-RSECTlON WITH THE ARC OF A NON-TANGE.NT CURVE CONCAVE NORTHERL Y AND WHOSE RADiUS POINT BEARS NORTd 01'01"55" WEST A DISTANCE OF 4,000.00 FE[1; THENCE WESTERLY ALONG SAID SOUTHERLY LiNE AND THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 00'33'32" AN ARC DISTANCE OF 39.02 I' E[1 TO lHE: POINT OF BEGINNING OF THE EASEMENT HE:REIN DESCR/BED; I CONTAINING 3.207 S UARE: FE[1 OF LAND. MORE: OR LESS. SUBJECT TO EASE NTS AND RE:STRICTlONS OF RECORD. GUY P. ADAMS. P. ---------------------- NO. 4390 Rf"'SED SfPr. 18, 2009 NOT A SURVEY F~HOLLlER COUNTY STORM WATER MANAGEMENT liil:. NO:U ~~:[~y:BY' ,)AN bi<: TlllC. ::::: BER '" OlfCKW 8Y.- GPA SKETCH AND DESCRIPTION OF A DAM.E. :::::. COGO PART OF ROYAL PALM CQUNmy CLUB LYING IN ...... UNOAGE.- V1EW: PlOTZ DA rE:: APR. 23, 200 SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 [AST =:.::t::.~~=:.:~~I'l...:=:::=~ COLLIER COUNTY, FLORIDA ~,,-:...=.:..~::'"~.....--:-.:::__ft.N.":_I=:::~ SCALE: N.T.s.. ACAD /:10252505 1684 ABe PROJECT NO 7599 2 SHEET NO. 2 OF 2 FlLE NO. 10252 PROJECT: LASIP Main (E-W) PARCEL No(s): 139TCE 1 & 2 FOLIO No(s): a portion of # 55151720006 EXHIBIT Ji ( " Pa~ \ ell - 1684 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20_, by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC. , a Florida not-for-profit corporation , whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" and Exhibit "D" (hereinafter collectively referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing pavement and pathway improvements within the access and maintenance easement immediately adjacent thereto; and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $12,700.00 (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's irrigation system, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. EXHIBIT lIe. 11 P8~ L 01-1- 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments 16 8 4 which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the fOllowing documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that 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 TCE. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 6 (h), 7, 8, 9 and 10, or scheduled to occur after closing in sections 8 and 9. (c) No party or person other than Purchaser has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, 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. II 11 EXHIBIT C- p~ 3d 1168 (e) There are no maintenance, construction, advertising, management, 4- leasing, employment, service or other contracts affecting the TCE, except for membership agreements currently in effect. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said 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 underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. A portion of Purchaser's proposed construction project will include rebuilding and repositioning a cart path/access road over and upon the 1ih and 13th fairway of the Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Cart Path Improvements"). Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path running approximately from Station 41+25 to Station 43+75 , and from Station 52+50 to Station 53+75 of the Plans and Specifications for the LEL YEAST-WEST CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda #419 or similar grass that portion of Cart Path Improvements running approximately from Station 43+75 to Station 52+50 of the above referenced plans. The existing cart path will be removed from approximately Station 44+20 to Station 49+20 of said plans, and be leveled and planted with Bermuda grass #419. (See attached Exhibit "0" for Cart Path removal easement area). 11\ 1'1 EXHIBIT c. p~ I-{ d 7_ 8. Subject to extraordinary weather events, such as a named hurricane impacting thl6l1J 11- Collier County area during the month of April or May, 2010, Purchaser shall ~ schedule all construction activity for the Cart Path Improvements from station 41 +25 to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the applicable fairways from normal golf play during this period of construction, and direct patrons around the construction site. Commencing on the date of June 1, 2010, and for each day thereafter or portion thereof that construction is underway on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per day for each day construction activity prevents usage for playability of golfon these fairways. Such payment shall be made within thirty (30) days of completion of construction. Purchaser shall notify Owner upon completion of the Cart Path Improvements, and Purchaser and Owner shall meet at the property to mutually inspect and agree upon satisfactory completion. 9. Purchaser shall require the construction contractor to carry at least $1,500,000 in casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc. being named in such insurance policy to the extent its interests may appear. 10. Owner desires to access and remove certain trees located within a County drainage easement, described in Exhibit "E", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Existing Canal Easement"); Owner and Purchaser mutually agree that such trees may be marked, removed and relocated at Owner's sole expense, provided that any removal and relocation be completed prior to December 31, 2009. Any trees and planted vegetation remaining within the Existing Canal Easement after December 31, 2009 shall be the exclusive property of the Purchaser, without claim of any kind by Owner. Owner shall indemnify and hold Purchaser harmless from any claim or liability resulting from Owner's activity in removal of trees and/or planted vegetation from the Existing Canal Easement. 11. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 12. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 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 Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, this Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 13. The term of the TCE shall be 365 days (one year), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County. In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension. 11 If EXHIBIT c Page ~ ci 1 14. This Agreement and the terms and provisions hereof shall be effective as of thlJ 6 I1J 4. date this Agreement is executed by both parties and shall inure to the benefit" il11 .... and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 15.lf the Owner holds the property underlying the TCE 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 underlying the TCE before the TCE 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, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 16. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 17.Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: DONNA FIALA, Chairman ~ EXHIBIT VI-=-- Page G, d-' AS TO OWNER: DATED: IJ Is /0") . / ' 1684 ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for-profit corporation on i1II/in.)itJ Witness (Signature) /JtJ;JfJrl-/J /VI, f-JA-(2Mw Name (Print or Type) 01 L<<d;7 ~~ 'Witness (Signature) c;/t/J)./J 7. 7JE{~Jl/f/ Name (Print or Type) // ~' William Schmitz, President Approved as to form and legal sufficiency: Assistant County Attorney EXHIBITS I' II EXHIBIT c . Page "I of....::L 1684 (PLEASE REFER TO ORIGINAL DOCUMENT) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 60 JJ. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE "f Print on pink paper. Attach 10 original document. Original documents should be hand delivered to the Board Office, The completed routing slip lmd original documents are to be forwarded to the Board Ollice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 a~ appropriate tor additional signatures, dates, and/or information needed, If the document is already complete with the exec lion of the Chairman's 5i nature, draw a line throll h routin lines # I throu #4, com lete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routin order) 1. Office Initials Date 2. '\t'J\ \0 3. 4. 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 'Please scan under LASlP (Main Canal E-W) Project No. 51101 in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION (The primary conta;t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is nceded in the event onc ofrlle addressees abovc, inclllling Sue Filson, need to crntact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the BeC ornee only alter the Bee has acted to approve the item) 6. Minutes and Records' Clerk of Court's Office Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843 Contact For: Paul Voung. Sf. Prop. Acq. Specialist Agenda Date Item was January 12,20 I 0 Agenda Item Number 16.B.4 Approved by the BCC Type of Document Temporary Construction Easement Number of Original One Attached Agreement Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne oliated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forvvarding to Tallahassee within a certain time frame or the BCCs actions arc nullified. Be aware of 'our deadlines' The document was approved by the Bee onOll12/tO (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Ves (Initial) NiA(Not A licable) 2. 3. 4. 5. 6. r~ N/A ~ ~ ~ ~ I: Formsl eOlUlty Formsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 Date: To: From: Re: MEMORANDUM January 14,2010 Robert Bosch Right-of-Way Coordinator Transportation Department Teresa Polaski, Deputy Clerk Minutes & Records Department Temporary Construction Easement Agreement Project: LASIP Main (E-W)/Parcel #139TCE 1 & 2 Per your request you will find enclosed one copy of the document referenced above (Agenda Item #16B4), adopted by the Board of County Commissioners on January 12, 2010. If you should have any questions, please call me at 252-8411. Thank you. Enclosures 1684 PROJECT: LASIP Main (E-W) PARCEL No(s): 139TCE 1 & 2 FOLIO No(s): a portion of# 55151720006 1684 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this (2 rll- day of ::rAl4u~fU/ , , 20~, by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC. , a Florida not-for-profit corporation , whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" and Exhibit "0" (hereinafter collectively referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing pavement and pathway improvements within the access and maintenance easement immediately adjacent thereto; and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $12,700.00 (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's irrigation system, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. '" 1684 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that 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 TCE. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 6 (h), 7, 8, 9 and 10, or scheduled to occur after closing in sections 8 and 9. (c) No party or person other than Purchaser has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, 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. 1684 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE, except for membership agreements currently in effect. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said 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 underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. A portion of Purchaser's proposed construction project will include rebuilding and repositioning a cart path/access road over and upon the 1ih and 13th fairway of the Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Cart Path Improvements"). Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path running approximately from Station 41+25 to Station 43+75 , and from Station 52+50 to Station 53+75 of the Plans and Specifications for the LEL YEAST-WEST CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda #419 or similar grass that portion of Cart Path Improvements running approximately from Station 43+75 to Station 52+50 of the above referenced plans. The existing cart path will be removed from approximately Station 44+20 to Station 49+20 of said plans, and be leveled and planted with Bermuda grass #419. (See attached Exhibit "D" for Cart Path removal easement area). 1684 8. Subject to extraordinary weather events, such as a named hurricane impacting the Collier County area during the month of April or May, 2010, Purchaser shall schedule all construction activity for the Cart Path Improvements from station 41 +25 to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the applicable fairways from normal golf play during this period of construction, and direct patrons around the construction site. Commencing on the date of June 1, 2010, and for each day thereafter or portion thereof that construction is underway on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per day for each day construction activity prevents usage for playability of golf on these fairways. Such payment shall be made within thirty (30) days of completion of construction. Purchaser shall notify Owner upon completion of the Cart Path Improvements, and Purchaser and Owner shall meet at the property to mutually inspect and agree upon satisfactory completion. 9. Purchaser shall require the construction contractor to carry at least $1,500,000 in casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc. being named in such insurance policy to the extent its interests may appear. 10. Owner desires to access and remove certain trees located within a County drainage easement, described in Exhibit "E", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Existing Canal Easement"); Owner and Purchaser mutually agree that such trees may be marked, removed and relocated at Owner's sole expense, provided that any removal and relocation be completed prior to December 31, 2009. Any trees and planted vegetation remaining within the Existing Canal Easement after December 31, 2009 shall be the exclusive property of the Purchaser, without claim of any kind by Owner. Owner shall indemnify and hold Purchaser harmless from any claim or liability resulting from Owner's activity in removal of trees and/or planted vegetation from the Existing Canal Easement. 11. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 12. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 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 Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, this Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 13.The term of the TCE shall be 365 days (one year), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County. In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension. 1684 14. 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 trustee, and/or assignees, whenever the context so requires or admits. 15.lf the Owner holds the property underlying the TCE 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 underlying the TCE before the TCE 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, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 16. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 17. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 6(-U-;Le>(D ATTEST: DWIGHT E. BROCK, Clerk ~~_\z Attes.\ ntge y erk l \QlI6turt on I . BOARD OF COUNTY COMMISSIONERS COLLIER CqIJNTY, FLORIDA , BY: 'Of' .;';-I)~.I","' ..~ DONNA FIALA, Chairman AS TO OWNER: 1684 DATED: IJ /3 Jo'} . / I ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for-profit corporation on 1k/irJ/iLf Witness (Signature) f)tlrJ/lrt-IJ /VI, J-/AI2Mw Name (Print or Type) j;/ /? C'i Ltd..! /.?4ckn.l 'Witness (Signature) &; ///1 jt IJ 7 7J L(,f';v ( I Name (Print or Type) /J~a ,t William Schmitz, President Approved as to form and legal sufficiency: ~Y:>JO ~ Assis t County Attorney ,. ,\ 1\ ':HIBIT A . ..;ige 1 of - -....... c'"' 168 I >- ).. t <: ~ "'", :OJ m Gi"' I", Vi :J I ",", 1:;"' d "- ". I" >- - 0 ).. ."' --J-Z-c:::::r I "'''' >-- '" '" 10>- f!Ou", I >-"- 1:0 :J~ . ,,-'" <:" ~~f a_~ -L;i <:- . SCALE: I" ... 100' "',,- u~ it Vi ::J(I)~(j 1- ",6 ~~a- ~~ 0","- k" uc[r--f 0 ","- ~aC\O e~ ~~ ,,'" :J<: . "',,"' <:. ",om d'~ ~<::: :cO -'" ::)uQ ". Q~a:: I I '" "'0 " 0 ",", l-1it a ~ ci I - '0 is >- , "' ., 0 I ~ '" . S OOi9'SJ" IV 151.03 C2 I ;;:'7 1\ I "<+D~ 68+0D I 67+00 I ~ m ro '" i's l ",0 ~ m ."0 N roO + " f5~~ ~ + + ro ;;:.., ~~ ro ;; ~ ro ro ~ . ~,-,'" r" ~ II ~ i5>-~ + " ~ ~ I", ~ ULj~ ro Fd5 " :; ~ k", ,~ ~ ~ ~ :n~~ " 0" :O-f'l U. ro I ~ .'.- "- t:]:Zl;J U. ,0 " I o "'~'" (50 ~" " di3~;:3 ito. u. 0 a..: <:~t:J ",0 r' 0 .~ + ","- 'rf .. ,,0> :2~ ro ~ '" <:. ~ < "," < -'" i~'~ < ~~ ". < ~{j "'0 . . 'Ow ~, I 0:"- a ,0 ~~ ...:,.;: 0 "':s "d I ",,,' "' ~g~ ~~ !}ri 0'" ~o ~ 0 ~rri <>0 ,", 0 ~ + "'0.: ~ 0 ~~~ ro :;~ ~" >- I ~ ~-" I Ww 1 a 0 15 d 0 + .'. "',,- N m "').. ro :c :J (f) '" d ~ ui/i it", "- a a >- .'" ~~ "'"' f!O""' j:'Sa.."J I 0~ ~" ~>- " " . <: (f) <( . ". ==>viC,j i--Lu::>i[ I 1'5 -0 [;':o. 0","- !;:!- ~ 0 Uc[l') DLc.i-- "'<'" 0 c. <(-JD . + 0 "',,"' I!:O<(CO "0 "- a ;;; 00> ;i2:;: ~~ i'Sa.."J 0 <":>0: . :~ Q~ci >-""Cl:l <:(f)<(cj ~ . -J a.. c:! >-0 " 0 I i--t,j::>a.. <: ).. Lu DLc.i-- C :J 0 -J " 0 '" I <( -J D co' ~ '-> 1!:8<( 0 !!j o. I!:Qi +. >- . :::;::~ 0" ~ ro .' .~ -J a.. ., 0 Lu 0 ;;; '-> ~a0 . -J ~aCL < I ~ uoi I ~",- 00 . CI<:~ 0 ,,"- 0 "'0 + m ~ I I TEeM.ROW I 0 SEP 23 2009 0 + ro ~ FOR: COLLIER nn.E;: MA TCHLlNE SEE SHEET 2 OF 5 PARCEL NO. 139TCE1 TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR FROM DATE OF CONVEYANCE GFNrRAI NOW";' 1. D/MENSlONS ARE; IN fEET AND DfCIMALS THEREOF. 2. P.D.B. ... POINT OF BEGINNING. J. P.O.C. .. POINT OF COOMENC[l.IENT ..j-. P.O. T. .. PO/NT OF TERMINUS. .5. R.O.W. ... RIGHT-Of-WAY. 6. D.E. .. DRAINAGE EASEMENT. 7. L.8.E. .. LANDSCAPe BUFfER fASOAEHT. B. r.C.E. .. TEMPORARY CONSTRUCTION EASEMENT. 9. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE [AST lONE. NAD BJ/99 ADJUSTMENT. NOT A SURVEY .... DESIGNED BY; COUNTY STORM WATER MANAGEMENT :i:: ORAlWoo' BY, JAN ..... CHECKED BY, CPA SkETCH ANO DESCRIPTION OF A TEMPORARY I:::: eOGo CONSTRUCTION EASEMENT. PART OF TRACT N, I::::: UNDAGE-. YlEW: LELY GOLF ESTATES TRACT MAP, p,e. 8, PG. 20, ~=~ln.:i":=~~:n...~:l===~ COLLIER COUNTY. FLORIOA .... ~ _ ~ -. _ ... --.......... PI. ..1M (_)010."" SCALE: /-.. IOQ' ACAD I: lOZ52-SD8 -..---...-...- ...t_.... bk; ABB PROJECT NO. 7599- 2 SHUT NO. 1 OF 5 PL.OT 10252 .. C> d "'s::- O~ o ~~ ">- :C:t: ",,-> "'cg "". Bic ~g " '" MA TCHLlNE SEE SHEET 1 OF 5 (f) ~ Q i'Sa..'" <: (f) <( . i--Lu::>i[ DI..L.i-- <( -J D ~i 1!:8<( )-I!:crj -J a.. Lu -J ;;:::~ s2c.; ~~Cl 4- OOJ ~<<- gOQj ". ""- "'0 131: S 31: 31: 3: 31: 31:3:3:3:31: """"" . "'''''''' 0"''''",,,,,,,,- \ ;:;,.c.a~.-.9__'-!'1f'<.0 ....."'00\"<00'<:>'0_0 ,..r-1'lr--Pr-;""!'1,-r-N ~m~r;;~~tQ~:g,:;t;~ "'''''''Z'''VlVlZZZ.Z ;"""'''....-''"'''<''-...''' <0......000_00......,0 """"<ri<ti<Q,..,:<Qo.ci...:r--:ci t~..., '" Ii">.... .... ~1 "- "'.... i 000'_ ...~. 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EXHIBIT If /\ 'I L -~ r:A (, - 1684 Page ~Z-c:::::r SCALE: r. _ 100' 3:Etil:3:3:il:il:3: l'o,i-..':...i:ui-..'o,1.:,~ _'" .0."1,<'<!'J.....o ,0 "''''01')'''.....''''''' \O~NI'l"':'l;t"'!l ;;!~~:;~;,~ ~ O"O~~o<< ~a;~:;:~g:~;1;~ , ~~~~~~~s:~ ai d <>: ~'" O~,""""""' 0J;l .......',...,...'''1...)'')...' --.J-J-J-J-J....l-'-.1 ~ W U,ii!O ~t ~ , ~g ~ '~/ ' &~ 0 ,,' 0:... Z , tl..c. " ,,) ...J " '(' w \ \ ~ \1\ 1 <( \ ll. 1 I I / 1< I U \ I" \ 1'3 \ 1 \ \, I IU 1 I / / 1 I 15 I I I I \ I" 1 " I 10. \ \u V\\' \- \c;, \ \ - \ .--\ \ \\ \0 \{, \ \ 1'- \ \ \~ 1 \Q \-22' T.eL -\~ \ \ I, /1 Ii; / I I I I I I~ I C I / / / / ",,{,,-. I "'\....,~ / / / {;,\'J "" / / ~")'i:J / c, o , , ,~ ~~ l-':>r: ~Ci ~o.: / co :0 ~ U " >- ..., 0-'->"' "''''' ",- . :::>u1l:> 0","- Oa:r--; "',,"' :;i<;:: Q~~ ;;J. 0 >- o "- {/) ~ 0 i'Sa.."J <:(f)<(cj i--Lu::>a.. C>Lc.i-- <(c5Da:j I!:<..:>~ . )-f."Cl:l -J a.. Lu -J CFNFRAI Norrs I. DIMENSIONS ARE: IN FEET AND DE:OMALS THE:R[OF. 2. P.O.B. ~ POINT DF BE:GINNING. J. P.O.C. ... POINT OF COMMENCEMeNT. ~. P.O. T. ... POINT OF TERMINUS. 5. R.QW. = R"GHT-OF-WAY. 6. D.E. = DRAIN;,(;E EASEMENT. 7. LBE '" LANDSC.A.Pf: BUFFER CASEMENT. 8. T.C.E. = TEMPORARY CONSTRUCTION EASfMfNT, 11. BEARINGS ARE BASED ON THE FLORIDA STATE PU.NE [AST ZONE:, NAD 8J/99 ADJuSTMENT. NOT A SURVEY SKETCH AND DESCRIPnON OF A TEMPORARY CONSTRUCTION EASEMENT, PART OF TRACT N, LElY GOLF ESTATES TRACT MAP, P.B. 8, PG. 20, COLLIER COUNTY, FLORIDA ..... .... .... ..... ..... ..... ..... :::::: UNDAGE.- ""'1-"'-!....lAoooo...p&ana.......Jo.nd.........."'.. '0l1_)MII__ -___.._7___ "_n.......I_,...._.... "'"_____..._""-n..""" _l'lf'!_'IlU SCALE.. -..---..---- ... --... ....as PR(J,J[cr NO. 7599- 2 SHEET NO, 0.... TE": SE:P. 2:1, 2009 2 OF 5 flU: NO. ....c....O j;10252-S08A 10252 OESIGNED flY, DR....'NN BY: JAN CHECKED flY: GP.... COGO I: \Il€W, " PLOT ," - 100' MA TCHLlNE SEE SHEET 2 OF 5 I ~ THE HAMMOCK'S " '~ CONDOMINIUM ~~ C.P.B. 20, PG. 91 I w~ ~ \ ) / I I 1 I Cl ~ ( d '" "',,- a ",>- i'Sa.."J ::>0> ~ ui/i 2''' I ~ C <: (f) <( . 50" . ~ ~~ i-Lu::><":> ",0'-> ~ DLc.i-a.. sC"- f--, ">- k.~..f ~ :t::c <(-JD . ~ I?: 0 <(co ~'->- ~ ~~ 8ct:cri I < <":>I?: ' ~ ~ "oo >- Cll iet; ~ <:' ~ "'c -J a.. "u 1 ~ ~~ Lu '" - ~ -J ~ 'w c:! I g~ r...:'i: I B~ " I l \ \ '- '" ",10 Q:::::'o;j O~Q 0- :!i:~t'-...' ",0" "a :<~aj uo.: o - 0 '- " 0 C, + ~ > .. . " o o + ro .. o o + ~ .. >- ;!i ~ .'. :c '" it", ","' "'~ " ~0 ;;;"- cc:i . " Co> o n! to '" ::> o '-> << "' ::; ~ o u " II (\ EXHIBIT p ~ of / / /", / ,U / I I I I w I I ~ I I l..i~ ~ I I ~t or- I~ I ~~ ci 1-' I o~ z I &'. ...J I lfc w I Y U I I ~ It; I D.. I I I I I I 1"1 I I I I I I ,"" . ,"0 "", " -< .... .... .... .... ~ 's,,>..... ~l<j ...... ......, ~~ .f'...... , ..,~ "'~, a~ \~ \ I I -h 1-22' ,U \ , , /" I /{J / '" / '" '" '" '" / '" ;c't"'J / / / / / / / / / / / /" / , / / / '"' o a.: ~ -----s----- Z-c:::::r S':;AJ..f; ,... 100' j;~j;j; I";",.., - .1(1 P!'1.- "'''''''''- l :'1:'1 P ~ GJ2;;:;'?? ~ ","< ,..,,..,,,,..., , ~~~.. . ~~~g~ ~"-<()"'Q ...,...,,..,.... .....-J-J-J (f) ~ a i'Sa.."J <: (f) <( . i--Lu::>ii> IJki-- <(-JD . 0-0 <(co I-" ~ n- . >-""Cl:l -J a.. kJ -J 1684" en O:l ~ u " >-"' Q:U"1 0-."''' ,,- . ::)uit:l 0","- v c[ .....i "',,"' ~",- " - Cl?:so.:: .....J 0 " o << I" ........ ....... . ~~~8~~~d 0<.,;..,....;,.,<0;,,<-.. "P"PVl:'1~P "'''-'')",0,,..,0..., 1000'<)1<) 10 III 1'-.... ~<:V)VJVlVJ<I:;;:: ~~f::.:i::2:;'~~~ ~~~~~~~~~ i~~~gp~~~~;;{~ . ~~~;~?!;r;:5 1<::>0000<'<10'0 o~c~~~",,,,"! sn~~~~~~~ g~~~~~~:t~ "^,~""b<..;.,;..,Oo ~~~~~~~~ ~"""'-IC"'ON"''''' aoGCG~u~(j GfNFRAi N()TFS. 1. DIMENSIONS ARE IN FEU AND DEC/MALS THeREOF. 2. P.D.8. ~ POINT OF ElEGiNNlNG. J. P.O.C. '" POINT OF COMMENCEMENT. 4. P.O, T. .. POINT OF 1FRMINUS. 5. R.O.W, ... RIGHT-OF-WAY, 6 D.E. '" DRAINAGE EASEMENT. 7 L.B.E. .. LANDSCAPE BUfFER EASEMENT. 8. T.C.E. .... T[MPOR,I,RY CONSTRucnON EASEMENT, S!. BEARINCS ARE 8A.SED ON THE FLORiDA. STATE PLANE CAST ZONE, NAO 8J/99 ADJUSTMENf. NOT A SURVEY FOR: ..... DESIGNED BY: COLLIER COUNTY STORM WA TER MANAGEMENT ::5:. ORA~ BY; JAN nIU:; .... CHECKW BY: GPA. SKnCJ.l AND DESCRIPnON OF A TE:MPORARY IIIII COGO CONSTRucnON EASEMENT. PART OF TRACT N, 1::::1 VNDAGE.- \1EW' LHY GOLF ESTAlES TRACT MAP, P.8, 8, PC. 20, =:....~"::.~..:~~:..:.u;.".....'::l::~-I~ . COLLIER COUNTY, FLORIOA ~~.,-=":;:;:'"i:::t"-'.."",-"'"':"'::-"'''''-:''''l=~ SCIILC: o o + .. .. o o + ~ .. o o + N .. o o + :; o o + o .. blt: AB8 PROJECT NO. 7599-2 SHeH NO PLOn Oil TE: SfP. 23. 200g 3 OF 5 FILE NO 1~.. 100' A.CALI I:10252-5D88 10252 ~J EXHIBIT Page ~\ of I' (\ 'I " ,- '. ~ 1684 PARCEL NO. 139TCE1 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT All THA T PART OF TRACT N, lEl Y GOLF ESTA TES TRACT MAP AS RECOROED IN PlA T BOOK 8, PAGE 20, COlliER COUNTY, FLORIDA BDNG MORE PARTlCUlARL Y DESCRIBED AS FOLLOWS; COMMENCINC A T THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89'27'38" EAST A DISTANCE OF 6.25 FEET TO THE BASElINE OF THE PROPOSED ORAINAGE IMPROVEMENTS BEING STA nON 68+98.33; THENCE SOUTH 00'19'53" WEST ALONG SAID BASELINE A DISTANCE OF 151.03 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2,500.00 FEET BEING STATION 67+4152; THENCE SOUTHERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'29'47" AN ARC DISTANCE OF 152.56 fEET TO THE BEGINNING OF A REVERSE CURVE CONCA VE NORTHWESTERL Y AND HA VING A RADIUS OF 45.00 FEET BEING STA TlON 65+88.95; THENce SOUTHWESTERL Y ALONG THe ARC OF SAID CURve THROUCH A ceNTRAL ANGLE OF 93'44'32" AN ARC DISTANCE OF 73.62 fEET BEING STA TlON 6~+15.33; THENCE NORTH 89'25'23" WEST A DISTANCE OF 1,031.17 FEET BeiNG STA TlON 54+84.16; THeNce lEAVING SAID BASElINE SOUTH 00'34'37" WEST A DISTANCE OF 50.00 FeET TO THe SOUTflfRl Y LINE OF AN EXISTING 100' WIDE DRAINAGE RICHT-OF-WAY AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED, SAID EASEMENT BEING 22,00 FEET WIDE LYING 11.00 FEfT ON EACH sIDe OF THe FOLLOWING DESCRIBED CENTERLINE; THENCE SOUTH 44'52'59" weST A DISTANCE OF 92.91 FEET TO THE BeGINNING OF A CURVE CONCAVE NORTHERl Y AND HAVING A RADIUS OF 75.00 FEET; THENCE WESTERl Y ALONG mE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59'00'06" AN ARC DISTANCE OF 77.23 FefT TO TflE BEGINNING OF A REVERSE CURVE CONCA VE SOUTHERL Y AND HA VING A RADIUS OF 6830 FEfT; THENCE WESTERL Y ALONG TflE ARC OF SAID CURVE THROUGH A CEN TRAl ANGLE OF 29'13'59" AN ARC DISTANCE OF 34.85 FEET; THENCE SOUTH 74'39'07" WEST A OISTANCE OF 19.42 fEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERl Y AND HAVING A FIADIUS OF 143.41 FEET; TflENCE WESTERl Y ALONG THE ARC OF SAID CURVE THROUCH A CENTRAL ANGLE OF 26'22'02" AN ARC DISTANCE OF 66.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 200.27 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'40'/8" AN ARC DISTANCE OF 58.27 FEET; THENCE SOUTH 84'20'51" WEST A DISTANCE OF 32.47 FEET TO TliE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE WESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE Of- 18'27'22" AN ARC DISTANCE OF 16.11 FEU; THENCE SOUTH 6,,'53'28" WEST A DISTANCE OF 57.72 FEET TO THE BEGINNING OF A CUI-IVE CONCA VE SOUTHEASTERL Y AND HA VING A RADIUS OF 36,00 FEET; THENCE SOUTHWESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF /1'10'52" AN ARC DISTANCE OF 7.03 FEU; THENCE SOUTH 54'42'37" WEST A DISTANCE OF 38.99 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 36.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THRDUGli A CENTRAL ANGLE OF 25'55'12" AN ARC DISTANCE OF 16.29 FEET; THENCE SOUTH 80'37'49" WEST A DISTANCE OF 30.17 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75.00 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'31'50" AN ARC DISTANCE Of' 56.98 FEU TO THE BEGINNING OF A REVERSE CURVE CONCA VE SOUTHWESTERl Y AND HAVING A RADIUS OF 197.29 FEU; THENCE NOR TH WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'50'25" AN ARC DISTANCE OF 71.76 FEET TO TflE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET; THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'58'38" AN ARC DISTANCE OF 28.26 FEU; THENCE NORTH 31'42'08" 'IIEST A DISTANCE OF 30.94 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 100.00 FEU; THENCE NDi1THWESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17'15'59" AN ARC DISTANCE OF 30.14 FEET; THENCE NORTH 48'58'07"" WEST A DISTANCE OF 25.62 FEU TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100,00 FEU; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41'25'01" AN ARC DISTANCE OF 72.29 FEU; THENCE SOUTH 89'36'53" WEST A DISTANCE OF 136.23 FEEl' TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE CONCAVE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH 00'42'19" WEST A DISTANCE OF 100.00 FEET; THENCE WESTERl Y ALONG THE ARC OF SAID NON- fANGENT CURVE TflROUGH A CENTRAL ANGLE OF 07"19'23" AN ARC DISTANCE OF 12.78 FEU; THENCE NORTH 83"33'06" WEST A DISTANCE OF 100.23 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 36.00 FEET; TflENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65"23'22" AN ARC DISTANCE OF 41.09 FEU; 5_4_0~ REV/SED SEARING NOT A SURVEY FOR; I;;;ft...", COLLIER COUNTY STORM WA TER MANAGEMENT :;I~NOlJ nILE: SKETCH AND DESCRIPTION OF A Tf:MPORARY :::EI~ 6; CONSTRue nON EASEMENT. PART OF TRACT N, ::::~~~GE.-. \01("~' LELY GOLF [STATES TRACT MAP, P.B. 8, PG. 20, ==.~=:....~":......:..-:===~ COLLIER COUN [y, FLORIDA ~..-:..=. '=:. :aw..:.__ ~.::"'-.. MIa:.. ==:::.: SCALe. Of$lGNED By: ORAI\N BY: #ON CHECK[Q BY: CPA COGO bl(: A.BS PROJLCT NO 7599 2 N.r.5. SHa:TNQ. DA TE"; SCP. 2J, 2009 4 OF 5 FILl: NO. ACAD "102~-SD8I. 1 0252 PLOT2 I--~- I 1684 PARCEL NO, 139TCE1 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT (CONTINUED) THENCE SOUTH 31'03"32" WEST A DISTANCE OF 90.86 FEU TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 110.00 FEU; THENCE SOU TH WESTERl Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'00'59" AN ARC DISTANCE OF 30.75 FEU TO THE BEGINNING OF A COMPOUND CURVE CONCA VE NORTHERL Y AND HA VING A RADIUS OF 25.00 FEU; THENCE WES7ERl Y ALONG THE ARC OF SAID COMPOUND CURVE, THROUGH A CENTRAL ANGLE OF 45'42'43" FOR AN ARC OISTANCE OF 19.95 FEET TO THE BEGINNiNG OF A REVERSE CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 161.92 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'23'31" AN ARC DiSTANCE OF 51.98 FEU TO THE BEGINNING OF A REVERSE CURVE CONCA VE NORTHfRL Y AND HAVING A RADIUS OF 36.66 FEET; THENCE WESTfRL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'13'24" AN ARC DISTANCE OF 44.93 FEU TO THE BEGINNING OF A REVERSE CURVE CONCA VE SOUTHWESTERL Y AND HA VING A RADIUS OF 491..36 FEU; THENCE NOR THWES TfRL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'18'21" AN ARC DISTANCE OF 131.26 FEfT, THENCE NORTH 50'41'14" WEST A DISTANCE OF 56.43 FEET TO THE SOUTHE.RL Y LINE OF AN EXISTING 1 'WIDE DRAINAGE RIGHT-OF-WAY AND THE POINT OF TERMINUS OF THE EASEMENT H -IN DESCRIBED; CONTAINING 34, SQUARE FEU OF LAND MORE OR LESS; SUBJECT TO EA 10 ENTS AND RESTRICITONS OF RECORD GUY P. ADAMS, NO. 4390 5-<J-Or} RE\IlSE"D BEARING FOR; COlLIER COUNTY STORM nru::: NOT A SURVEY .... DESlGNf:D 8Y; WA TE:R MANAGEMENT Eii! ORA14N BY.' .IAN ..... CHECKED BY; GP..4 SKETCH AND DESCRIPTION OF A TEMPORARY ::n: COGO CONSTRUCTION EASEMENT. PART OF TRACT N :::::: VNDAGE..... w; LELY GOLF (STAT'[S TRACT MAP, P.B. 8, PG. 20. ~...._... pla.....n. "luIoI.~,.,... _l~ \i1f. PLOT2 C IER --.._...7____"*f<oo,fLa<l..~'u OLL COUNTY, FLORiDA =-..-:'=:"'~:--":'''...~=-",WI.':...f:~ SCALE; N.T.S. .., ABB PRQ.E:Cr NO, 7599-2 SHUT NO. DATE:: SEP. 23, 2009 5 OF 5 AI.E NO. 10252 AC"D 1:10252 SO PROJECT: LASIP MAIN (E-W) PARCEL No(s): 139DAME and 142DAME FOLIO No(s): a portion of 00432040007 and 55151720006 EXHIBIT B 1684 P&ge- r -"Ot (,- - DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20_, by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC" a Florida not-for-profit corporation, whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113 , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a DRAINAGE,ACCESS, AND MAINTENANCE EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit "B" which are attached hereto and made a part of this Agreement (hereinafter referred to collectively as the "Easemenf'); and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel 139TCE, which is attached hereto as Exhibit "C"; and WHEREAS, Owner desires to convey the Easement 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 Easement. 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $64,700,00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. EXHIBIT ,,~/J p~ 2 of (, - 1684 Page 2 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur at Collier Transportation SeNices, 2885 S. Horseshoe Drive, Naples, FI 34104 within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that 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 Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5, Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation, Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall sUNive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: EXHIBIT "~" p. 30tb Page 31 6 8 4 - (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 7 (h) and 8. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreernent remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, 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. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing, except as expressly permitted in section 5 of this document Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the EXHIBIT 'f/3 If pagl6 84 p. Lf of~ Easement. This provision shall survive Clo:ling and is not deemed satisf\90 by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title, 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 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 Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, the Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 10, 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. 11. If the Owner holds the property underlying the Easement 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 underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (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.) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. EXHIBIT "13 If Page ~ of b - 1684 Page 5 14. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: DONNA FIALA, Chairman AS TO OWNER: DATED: ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for-profit corporation on Witness (Signature) William Schmitz, President Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney EXHIBIT II ~tl Page (., of (" _ EXHIBITS 1684 (PLEASE REFER TO ORIGINAL DOCUMENT) II C.Aa...:\--r-f\:'li J:'('AP/Z.OiJt..f>",~,,~ u I o I I o ~ -- I I I I I -- TT' I I I EXHIBIT }[ ell Page [of "L MO +nl.. . I ~ M~Nrn ,,90 ~ . ~z ~ ~ 16 B 4~ J J + o n I \ \ \ \ NM~N Nn L~ . 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"" i--t,j::>a.. ~ I '" ~ 5 t,j DlJ..i-- . 0 -J , 0 0: I <( -J (.) . ~ '-> I?: 0 <(co 0 ~ <":>I?: . o . >- OJ +, -'" o ~ ~ ,..J a.. -" ~" 8 " Lu 0 ~ sa", . -J ~~o.. . > I It...Uo; I ~",- 8~QJ 0 """- 0 "'u + m '" I I I 0 0 + ro ~ MA TCHLlNE SEE SHEET 2 OF 4 PARCEL NO, 139TCE2 TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR FROM DATE OF CONVEYANCE TECM,ROW SEP 23, 2009 GFNtRAl ~()TFC;. I. OlUf:NSlONS ARE IN FEET AIoID OCOUALS mEREOF'. 2. P.O.S. ... paINT OF BEGINNING. J. P.O.C. ... POINT Of" COUMCHCD.4CNT. 4. P.O. T. = POINT CF rrRMINUS, .5. R.O.W. .. RIGHT-OF-WAY. 6. O.E. ... DRAINAGE CAsalEHT. 7. LB.E. .. LANDSCAPE BUFFER EASEMENT. 8. r.C.E. ... TDJPCRARY CONSTRUCTION C....SEMENT. 9. BEARlN<>S ARE BA.SED ON THE flORIDA. STAl[" PLANE EAST ZON[. NA.O BJ/99 AOJUSTJ.4EHT. SkETCH AND DESCRIPTION OF A TEMPORARY CONSmUCnON EASEMENT. PART OF TRACT N, ILL Y GOLF ESTA rES TRACT MAP, P.B. 8, PG. 20, COLUER COUNTY. flORIDA FOI< COLLIER COUNTY STORM TITLE; NOT A SURVEY DeSIGNED SI': lIRAlIN 9Y.' ..t.4N .... &: g~~EO BY: IiPA ::::: UNDAGE..... VJE:w.. PL01 Prol'___.....~~...i1<Iul6._J1H"II -15 . -~_____.............n._ ........u -~------_....."' "SCAt.(: 1~....IOO. _ot__u____ _ fill: ABB PROJE:CT NO. 7599-2 SHffT NO. DATE": SfP. 2J. 2009 1 OF 4 flU: NO. ACAD "'0252-5010 10252 I I I I I~ "'-;:- ~I !l5 I ~.... I ~~ <(II: ~~ ~ I I I MA TCHUNE SEE SHEET 1 OF 4 (JJ ~ a i'Sa.."J <: III <( , i--Lu~<":> DLc.i--a.. <(iSDQ;j I?:<..:>~ ' >- Cl:l -J a.. l.U -J ~"' '" o '"'c<o ~~Cl Ll.. U cr..~ <5"'- "~QJ ,,0.. Ji;u -----~--------~----- --------------~----- /' / ~ ~ I I ~ I I ~ ~ I I I L.N<E cmJJNilGE CA5Ell<HT \ MA TCHUNE SEE SHEET J OF 4 ~ C) j:'Sa..C'ol <: (f) <( , i--Lu~<":> UL..,i--Q.. <(-JD . 0" 0 <(co I"'<":>I?: ' >- Cl:l ,..J Q.. liJ -J ~ " ~~~ ~:2:f.:) ~~"- Co ' ""c<<> ~iS", lLjOo.. ., u -~ o o + ~ :g h "':31:: "0 )~ 8 + " " 8 + ... " o o + .. " 8 + :;j 8 + ~ Sj 0 l!j ~ w il ~ . N" 8 ~ ~ " - + "' ~ - .' ~ " . ~ 8 2; '" ~ ~ + " . ~ ).J: 1\ " EXHIBIT \) 16 f/J il. p~ ? of Lj' "if 1-Z -----<=::r SCALE~ J. .. 100'" ).. i/i ~ .'. i'5 it<<> ",'" <0'" ...- :3;(j ~"- Cc' . " g<>> ~~ " ::> o " E'i ::J --' o u ~>"" " " " " " " " \ \ \ \ \ I I J I J J I \ \ \\ \ \ \ \ \ I I I J I I I I I I I I \ \ \ \ \ \ \ \ \ ~ \ \ ~ \ \ ~ \ \ ~ \ \ ~ \ \) \ \ \ \ , \ \ N ~ \ I W a: I I ~ ~ 1t.Jii'~ / qt:~ /~I 'A i~g / ;;LJ"d~ I riD:: <( a. THE HAMMOCK'S CONDOMINIUM CP,B. 20, PG. 91 o o ~ l!I b ~~ a~ LJ ." ::> ~ u "- >-u~ ~"" ",,- :OJ~'''' o "- Oa..J'o'"\ :I""'" ...<:;: "-"- 00: ~ 0 ~ o '" ~ a i'Sa.."J <:1Il~ti i--l.U<Q.. DLc.i-- <(clDQ;j I?:<..:>~ ' >-I"'ll:! ,..J Q.. liJ ...... ~~ i"" ~~ ~... ;;~i '<l-' ~::!i:!i 5 OO"J4'Jr w 107.41 Grnt:RAI Nnw". i. DIMENSIONS ARE IN FEET AND DEClWALS 'THEREOF. 2. P.Q.B. ... POINT OF BEGINNING. J. P.o.c. ... POINT OF' CONUENCDlENT. 4. P,D. r. .. POINT OF TE:m.lINUS. 5. R.o.W. ... RlGHT-Of"-WAY. 6. D.E. .. DRAlN;,GE EASWENT. 1. L/U:. - LAJolDSCN'E BlJfFER EASEMENT. B. Toe.E:. - IDJPORAAY CONSTRUCJlON EASEUEHT. 9. BEARINGS ARE" BASED ON THE FLORIDA STAlE' Pf..ANE EAST ZONE. HAD 83/99 AD.AJS'DiENT. NOT A SURVEY 'CoLLIER COUNTY STORM WAlER MANAGEMENT liiiEOU g::;.,~:." .wi .~ TInE ..... . CHECKEO B'r.: GPA . SKETCH AND DESCRIPTION OF A IDJPORARY I:::. cooo CONSTRUCTION EASEMENT. PART OF 'TRACT N, :;:==. .laB.- 1ofEW: PlOT DA1E:stP. Do my GOLF ESTATES mACT UAP. P.B. 8, PC. 20, ;:;:--_-::r-_--_'"o::::;_..:.._~_~~~==" _"'. COUJER COUNTY. flORIDA o:...='...-=-_a____ ___=:= ~ ,- _ 100' AC)J) "'025,2-=10. ASS PRO.JECT NO- 7599 2 SHEET NO. 2 OF 4 FILE NO. 10252 o d "'s::- ~i/i ~~ ~.... 1'5 ~- -<:'" tiC ~g c:! MA TCHLlNE SEE SHEET 2 OF 4 (f) ~ 0 i'Sa.."J <:V)~cj i--Lu < a.. DLc.i-- <( c5 D <>;:i I?:<..:>~ . >-~Q) -J a.. t,j -J '" 0; - '" Q::;)t!> o:z:a.. "'':ii ' "'00 "0" :C'" !.wOCO >:'-'''- '" " '" "0> ~C'\l "~,, "'c"- s; '" . kO" ~u- 0",,,, "0 "a.. "u '" '" ",10 O~(j ga;a. ""',,- ",0" ,,0 ~~Q:l '->0.. '-> I I I ( \ ) / r I ! ( I ~ I ~ I : Iil \ I I l \ \ '- S i:i \'j ~ ~ ~ I i:i \'j ~ ~ ~ ~ ~" ~~ ~$ ~o all:: ~ ~ ~ o o w + ~ ~ . .~ ~ . . " 8 + ro .. o o + ~ . >- ~ J. o .'. 1'5 0:", ",'" ,-," ,,- i';C;l ;i"- o - o ." c", c -", 1:0 ~ o u ili ::J ~ o '-' o o + ~ 8 + .., .. 8 + N .. 8 + ;; o o + o .. EXHIBIT Page 7' of ..J-Z-c:J SCALE: i-.. loa' ,/// /~ I / // I I / /' I / / r ,~ / / I ~ I / I f I ~ I I I f h I I ~, , I I L.I l- I I 1--1., I I \oj <0 I I ~ ' I I ~ Y I I ~ I I ~ I I,,) I I I I I I I I I I I I I J I I J I I I \ "- III '"' " "~ 5 ~ "- "- "- "- "- "- "- "- '\ I 1 I \ ) / / / /' /' / / / / / / / N W o I:! ~~ ,.;~ ~(j W~ I'~'''''' 8~~~'~~ . "'....co "" at'l:-f~~... iiii~~~~~ ;;c:VJ 2; V1:t;l1) . !~ ~;; ~&1;;:;~~~f.e "'~-<Q"'Q'j 2 Olf'.....,o 'I' ;~.o._,o~ o""~<QQ'jQl ~t;;~:g~s: il~.~~~8 ~;~~~~~ ~3 ~""'b"':" " ::-t"1I'l Cl!"l_~'" "-,,'"'<tI........ r-I'1I'lPNf'< :!'llItl~2~ ll~',.~~ {j~tl~D(jo CFNFRJ.J Nr)7F<;. "01' 168, l.{ / m :0 ~ U " )...l.>~ f!O"," ,,- ::J(fj'Cb 0","- U~n :::i:c:cl<"l ::;{:z:.;: ,,"- 00: ~ 0 ;:: o '" ~ a i'Sa.."J <: (f) <( . i--L..I::><":> Du.,i--a.. <(-JD . I?:O<(CO <":>0-- " >-I--"Q) -J a.. iJJ -J .. DiMENSIONS ARE IN fUr AND DECiLlALS THEREOF, 2. P.D.B. .. POINT Of BEGWNlNG. ,;. P.D.C. .. POINT Of' CCJ&lM~CE/JENT. 4. P.o.T. '" POINT OF TERMINUS. 5. R.o.W. '" RIGHT-OF-WAY. 6. D.E. .. DRAJNAGE: u..SDAen 7. L8L == u.NDSCAPE: BUFF'f.R c.loSCMfNT. 8. T.e.f_ = TDtlPORARY CONSTRUC17ON fASE:A,frNT. g. SCARINGS ARE BASED ON mf FLORIDA STAJ'E' PLANE [A5T ZON[, NAD BJ/gg ADJU5TM[NT. NOT A SURVEY bk.' PLon DA~:S&. 2;1. 2 FOR: DESIGNED BY: COLLIER COUNTY STORM WA TER MANAGEMENT olii 0''''''' 8" .- 17JlL: ... CHE:CKCD 8~ GPA SKETCH AND D€SCRIPnON OF A TEMPORARY ...... co:;:o . CONSTRUCTION EASEMENT, PART OF TRACT N. ::::: tffl'DAGB.-. VIEw.- LELY GOLF ESTATES TRACT MAP, P.B. 8, PG. 20, ~.::!'::"'_~:"'-:"'"";"Il."';:=~:m . COLLIER COUNTY, FlORIDA ~~",-:':::::"-:::=-';'"",---;:-':::-"'-:...== SCAlf: '... 100' ACId> /:1(1252-501 ABB PROJECT NO. 7599-2 SHeET NO. J OF 4 FlI..E NO. 10252 EXHIBIT -Jlv 1681/# Page~of '-f PARCEL NO, 139TCE2 DESCRIPTiON OF" TEMPORARY CONSTRUCTION EASEMENT ALL THAT PART OF" TRACT N, LEL Y GOLF" ESTA TES TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20, COLLIER COUNTY, F"LORIDA BEING MORE PAR TiCULARL Y DESCRIBED AS F"OLLOWS; COMMENCING AT THE NORTHEAST CORNER OF" SAID TRACT N; THENCE SOUTH 89'27'38" EAST A DISTANCE OF" 6.25 F"EU TO THE BASELINE OF" THE PROPOSED DRAINAGE IMPROVEMENTS BEING STATiON 68+98.33; THENCE SOUTH 0019'53" WEST ALONG SAID BASELINE A DISTANCE OF" 151.03 F"EU TO THE BEGINNING OF" A CURVE CONCAVE EASTERL Y AND HAVING A RADIUS OF" 2,500.00 F"EU BEING STA TiON 67+41.52; THENCE SOUTHERL Y ALONG THE ARC OF" SAID CURVE THROUGH A CENTRAL ANGLE OF" 03'29'47" AN ARC DISTANCE OF" 152.56 F"EEr TO THE BEGINNING OF" A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF" 45.00 F"EEr BEING STATION 65+88.95; THENCE SOUTHWESTERL Y ALONG THE ARC OF" SAID CURVE THROUGH A CENTRAL ANGLE OF" 93'44'32" AN ARC DISTANCE OF" 73.62 F"EU BEING STA TiON 65+15.33; THENCE NORTH 89'25'23" WEST A DISTANCE OF" 1,571.98 F"EU BEING STATiON 49+43.35; THENCE LEAVING SAID BASELINE SOUTH 00'34'37" WEST A DISTANCE OF" 207.41 F"EU TO THE POINT OF" BEGINNING OF" THE EASEMENT HEREIN BEING DESCRIBED, SAID EASEMENT BEING 16.00 F"EU WIDE LYING 8.00 F"EEr ON EACH SIDE OF" THE F"OLLOWING DESCRIBED CEN TERLlNE; THENCE NORTH 76'28'19" WEST A DISTANCE OF" 22.04 F"EU; THENCE NORTH 73'53'09" WEST A DISTANCE OF" 56.64 F"EEr TO THE BEGINNING OF" A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF" 417.17 F"EEr; Tl-/ENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'17'48" AN ARC DISTANCE OF" 104.09 FEEr TO AN INTERSECTiON WITH THE ARC OF" A NON- TANCENT CURVE CONCA VE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH 06'27'47" EAST A DISTANCE OF" 934.91 F"EEr; THENCE WESTERL Y ALONG THE ARC OF" SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF" 05'57'58" AN ARC DISTANCE OF" 97.35 F"EEr TO AN INTERSECTiON WITH THE ARC OF A NON- TANGENT CURVE CONCA VE SOUTHERL Y AND WHOSE RADIUS POINT BEARS SOUTI-/ 13'58'09" WEST A DISTANCE OF" 757.90 F"EEr; THENCE WESTERL Y ALONG THE ARC OF" SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF" 05'23'00" AN ARC DISTANCE OF" 71.21 F"EEr TO AN INTERSECTiON WITH THE ARC OF" A NON- TANGENT CURVE CONCA VE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH 07'17'25" EAST A DISTANCE OF" 315.26 F"EEr; THENCE WESTERL Y ALONG THE ARC OF" SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF" 12'08'36" AN ARC DISTANCE OF" 66.82 F"EU TO AN INTERSECTION WITH THE ARC OF" A NON-TANGENT CURVE CONCA VE SOUTl-/ERL Y AND WI-IOSE RADIUS POINT BEARS SOUTH 19'30'43" WEST A DISTANCE OF 226.54 F"EEr; THENCE WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF" 16'23'23" AN ARC DISTANCE OF" 64.80 F"EET; THENCE SOUTH 89'27'16" WEST A DISTANCE OF" 24.30 F"EEr TO THE BEGINNING OF" A CURVE CONCAVE SOUTHEASTERL Y AND HAVING A RADIUS OF" 50.00 F"EU; THENCE SOUTHWESTERLY ALONG THE ARC OF" SAID CURVE THROUGH A CENTRAL ANGLE OF" 58'23'44" AN ARC DISTANCE OF" 50.96 FEET TO THE POINT OF" TERMINUS OF" THE EASEMENT HEREIN DESCRIBED; THE SIDELINES OF" SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED TO TERMINATE AT ANOTHER TEMPORARY CONSTRUCTION EASEMENT (TCE) BEING 22.00 F"EEr WIDE; CON T AINING 7, 18 SQUARE F"EEr OF" LAND MORE OR LESS; SUBJECT TO SEMENTS AND RESTRICITONS OF" RECORD GUY P ADA ---------------------- L. S. NO. 4390 5-4 09 RC'.1.SED BEARING FOR: COLLIER COUNTY STORM WA TER MANAGEMENT nIlE SKETCH AND DESCRIPllON OF A TEMPORARY CONSTRUCTION EASEMENT, PART OF TRACT N. LEL Y GOLF ESrA TES TRACT MAP, P.B. 8, PC. 20, COLLIER COUNTY, FLORIDA NOT A SURVEY DESIGNED BY: bll: DRAWN BY: JAN ..Ie ~~BY; GPA, UND""GB._ '~E- p'on O'~'SEP 2' 2 I'...-J...-- ...---. . J.Dd....,...,.. -15-"'" .. ,,,....~. --..-----__.......n.Nl. ."11 ~.,-:.:=.~r:__~"':..._:_.::t-.....~_ ~ SCALe: N.T.S. ,4,CAD 1:10252-SDI ABS PROJ€CT NO. 7599 2 SHeer NO. 4 OF" 4 FU.E NO. 10252 l.t6fB '4 ,. 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