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Backup Documents 09/14/2010 Item #16C 316C31 MEMORANDUM TO: Trish Morgan, Manager Minutes & Records Department FROM: cii . ott Manager 1 Propey , rt Management DATE: September 24, 2010 RE: CityGate - Agreement Please find attached one (1) original Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation of same on September 14, 2010, Item 16C3. Please contact me if you have any questions or comments at X8780. Thank you. Attachment as stated 16C3 AGREEMENT Access for North Raw Water Wellfield South Collier Regional Water Treatment Plant THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between 850 NWN, LLC, a Florida limited liability company, and CG II, LLC a Florida limited liability company (hereinafter collectively referred to as "Owner "), whose mailing address is 159 South Main Street, Suite 500, Akron, Ohio 44308, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter referred to as "Water -Sewer District "), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112; and WHEREAS, the Owner is the developer and owner of the City Gate Commerce Center, Phase Two Plat and the undeveloped land in the City Gate Commerce Park PUD; and WHEREAS, the City Gate Commerce Center, Phase Two Plat has been recorded in Plat Book 49, Pages 97 to 100 of the Public Records of Collier County, Florida; and WHEREAS, the Water -Sewer District is the operating entity of the South Collier Regional Water Treatment Plant (hereinafter "SCRWTP "); and WHEREAS, the Water -Sewer District operates two raw water wells that are located within the City Gate Commerce Park (hereinafter "County Raw Water Well P -Site 1" and County Raw Water Well P -Site 2 ") (See sketch attached hereto as Exhibit "A "); and WHEREAS, the Water -Sewer District needs additional area for access to the two raw water wells located within City Gate Commerce Park PUD as well as to the Water -Sewer District's raw water well field to the northeast of the City Gate Commerce Park PUD; and WHEREAS, Owner is willing to grant new access easements to the Water -Sewer District for the additional area pursuant to this agreement; and WHEREAS, proper utilization of existing easements and the additional access easements will require the correction of some existing utility easements as well as additional construction in the area of the new access easements and corrective easements; and and WHEREAS, the Water -Sewer District is willing to pay Owner for the additional construction; Page 1 of 5 INSTR 4475110 OR 4605 PG 9 RECORDED 9/15/2010 12'29 PM PAGES 28 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $239.50 16 C 3'a„ _A WHEREAS, the Owner has contracted with Bonness, Inc. ( "Owner's Contractor ") to construct the Phase Two Plat subdivision improvements and Owner's Contractor is currently constructing said improvements; and WHEREAS, the County will release the utility easements for County Raw Water Well P -Site 1 and County Raw Water Well P -Site 2 in exchange for appropriate corrective utility easements granted by Owner; and WHEREAS, the replacement utility easements and the new access easements will necessitate the replat of Lot 4 of the City Gate Commerce Center, Phase Two Plat; and WHEREAS, the Water -Sewer District staff and the Owner's engineer have met and determined the appropriate specifications for the required additional construction (hereinafter "Field Changes "); and WHEREAS, it would be mutually beneficial to both parties, for the Owner's Contractor to construct the Field Changes. NOW THEREFORE, it is hereby mutually acknowledged, and it is agreed by and between the parties as follows: Owner has caused its engineer to design the Field Changes. 2. As used herein, the term "Field Changes" shall be generally described as the installation of 50 linear foot retaining walls, the construction of opaque concrete privacy fences thereon, additional fill and road base in the vicinity of both County Raw Water Well P -Site 1 and County Raw Water Well P -Site 2, the replacement of existing 1' x 1.5' "pull boxes" with 3' x 4' manholes, and reconfiguration of existing fence gates and fences as more particularly described and shown on Exhibit "B" attached hereto and made a part hereof. The description of the Field Changes and specifications thereof shown on Exhibit "B" shall control over the general description set forth above. 3. Water -Sewer District has reviewed the design and has provided final approval of the Field Changes. 4. Owner will cause the Field Changes to be constructed pursuant to this agreement and will complete the construction of the Field Changes in the vicinity of County Raw Water Well P- Site 1 by October 10, 2010 and complete the construction of the Field Changes by County Raw Water Well P -Site 2 by October 15, 2014. Water -Sewer District shall pay Owner an amount not to exceed $85,400.00 upon receipt of invoices for work identified in the Schedule of Values. Page 2 of 5 16C3 5. Owner and Water -Sewer District agree that no changes or additions to the Field Changes will occur except upon the expressed written agreement of both Owner and Water -Sewer District. 6. Upon completion of the Field Changes, as -built surveys will be provided by Owner's surveyor. 7. On or before November 1, 2010, the Water -Sewer District will execute and deliver to Owner a Partial Release of Easement and Release of Easement in the forms shown on Exhibit "C" attached hereto, releasing the well easements to "Parcel P -Site 1" and "Parcel P -Site 2 ". 8. Upon the delivery of the Release of Easements described above, the Owner will grant and deliver to Water -Sewer District: a. A Utility Easement in the form shown on Exhibit "D" attached hereto, correcting the legal description of the Utility Easement on those lands described therein ( "Corrected Parcel P -Site 1 Easement "). b. An access easement in the form shown on Exhibit "E" for those lands described therein ( "Access Easement by P -Site I"). which shall be subject to Owner's right to have and maintain the retaining wall and concrete block wall thereon as well as landscaping north of said wall. Owner shall be responsible for all costs associated with maintenance of said walls and landscaping. C. A Utility Easement in the form shown on Exhibit "F" attached hereto, correcting the legal description of the Utility Easement on those lands described therein ( "Corrected Parcel P -Site 2 Easement "). d. An access easement in the form shown on Exhibit "G" for those lands described therein ( "Access Easement by P -Site 2 "), which shall be subject to Owner's right to have and maintain the retaining wall and concrete block wall thereon as well as landscaping north of said wall. Owner shall be responsible for all costs associated with maintenance of said walls and landscaping. Page 3 of 5 1603 9. The parties acknowledge that a replat of Lot 4, City Gate Commerce Center, Phase Two will be necessary to reflect the Corrective Parcel P -Site 1 Easement and the new Access Easement by P -Site 1, which will look substantially similar to Exhibit "H" attached hereto. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: C ,Deputy DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA and as EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By.1 -t� Fred W. Coyle Chairman Approved as to form and legal sufficiency: Jennifer . White, Assistant County Attorney Page 4 of 5 AS TO OWNER: Signed, sealed and delivered in the resence of: R<r >P tUGd T �j�� =Ati'S k� Printed Name 16C31 850 NWN, LLC A Florida Limited Liability Company ByPpRVeb X� Signature 11 r, V ice Pres ent Q/7) 10 CG II, LLC A Florida Limited Liability Company By: Signature J s h R. eber, Vice President q/.7/,o Page 5 of 5 i; �p �vv Aoo zZ "o- I F_s mom °A�n a_ n ao mop o ^o? - Ao °z�A4c oN , Fm CO4_n_oN_ xl m0 m �O KO m 0Y Zm 0� aoo m o moG�o a 0 �A ° � Z m � ° >; m i ooz Amon Zpc A00� OAN sN o Al Io Lm i Y➢ F in m0 ;4mA Op yONyOy Oz. srti n [AIZOZ- N zn m ;!n -Np2Z �AAOZp N pnm� °� 9p� "Nm000 -r °z sa °max z �M—A- m- mso �m5 ^- N °mn - <�OO�m ^ °n _O Nzn o£mD nr°nFN9 NOS �AO� ~O s; � �Oy OmNpz m i> No U m vOCO 7m ijm �; ml£n_ xOiA _ p OiD£S m0 O O [Ni n m p= s °-z- Z3, " ^'pN m p > .,o' °o ZO _ Nv nN - z n n =;IMD 0 s - em ° m < yj > -Ao i r Non- m m T I o A m � A A Z D < I I I I I I I I I I I I I I <I I I LL EXHIBIT B - PAGE 1 4 ma ZD G) Zvm pN CZ m Z /Z o all s N !R NI 11 EXHIBIT B — PAGE 2 P V K� u 00 � A= 11 EXHIBIT B — PAGE 2 P V K� u ZZ D N O mm A Wpcn< m-OZ p MCA < mw AoZ O�W O n m p�pr A W O m oZ z OD m OpDm m O mC m m r Vl sm GOO 71 0 D O= D I > m m m = -ro --�—� 5 Z J ➢ D �D m � u l C) O Z p r W I I O + D m m Z mm z m m x x a A Z`` O m � 71 (n cn x r S >C� ITIm OD 7 m O m x r n m m O Z D r Q W I p � ➢ � -i z Zu 0 i m m m� m r O T. z DDm d O� m m mm r f n o I G r n �r AA Z m + z �,o ,, I� o z °m� \i o N / ➢ � IC) m m z x x m CO (n y m ILO r N O ° 4 m mr-� D O W D 0 - — — — D m m m r � m I >> O Q C) U 00 mop -� z m Z 0 > o r p J m' �� C,+m z00 z D G)mp / O z > m p / z D� C7 D W cn > r pr m r D O r D n ➢ cn mr �o rm� O z EXHIBIT B PAGE 3 16C m x O m r r m D m n x m � m r r m z O r O m C- xC- (A X �m N 0 D m N N m N C, O Ut 0 O Or O o Z D 0 ZD D m m m m O M D Z CO D M r K m z r0 Z m m ;u m I I r m O Z I z� n I m mCA p z o m ( z Lf) 0 m OZ m I I O I v m( °�N Mm i° m 0 O o ° r W � O m O 0 nm m D M O ° �A zAA P■ P O O 1 m D_ Z Z D r r D Z ° O W O D r D O O m Cl) D Cf) W mm r D�7 OMO C) m x DKi�: �m OZD Z�m m x CO Z N O C) C m D n O m M pp D / m m O �� I _ j a MD 111 mm €iv �) � O � Cr 7 o DC-) P O < Z m EXHIBIT I BI- PA +$+� P O O 1 m D_ Z Z D r r D Z ° O W O D r D O O m Cl) D Cf) W mm r D�7 OMO C) m x DKi�: �m OZD Z�m m x CO Z N O C) C m D n O m Enclosures 2 of these stacked on eachother POLYMER CONCRETE BOXES 11 X18X 12 70 112 106 162 172 21 14 15 11 X 18 X 18 12 X 12 X 12 13X24X 12 13 X24X 18 17 X30X 12 17 X 30 X 18� 17X30X 24 195 66 24X24X 12 . \ .+:,; -. 195 F 24X24X24 218 301 318 478 66 24 X 36 X 18 24 X 36 X 24� 24 X 36 X 30 24 X36 X36 30X48X 18 30 X 48 X 24 535 30 X 48 X 30 _ 703 745 753 _ 1 1 30 X 48 X 36 30 X 48 X 48 -] 36 X 60 X i6 FRP ONLY 36 X 60 X 24 1764 1 50 6 2 22 F 3`_7 F 1332 36 X60X36 36 36 X X 2 4 FRP I 36X36X30 FRP 36 X 36 X 36 FRP FIBERGLASS BOXES TAPERED BOX 13X24X 18 111 17X30X 18 129 261 10 10 17 X30X24 24 X 36 X 18 24 X 36 X 24 271 F IF- Page 2 of 4 16 C 3� 1, http:// www. teamgalloway .com/3col_cnclosures.php V 1-� 1 9/3/210 16C3 PAR'T'IAL RELEASE OF EASEMENT THIS PARTIAL, RELEASE. OI l' ASEMENF is made this day of 2010 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS IiX- OFFICIO TFIF. GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3301 'famiami Trail East, Naples, Florida 34112 (hereinafter referred to as "cmSir). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Utility F,asennent by and between Citygate Development, LLC and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, recorded on ,January 13, 2006 in Official Records Book 3965, Page 2873 of the Public Records of Collier County, Florida ( hercinafter referred to as the "Easement") encumbering the premises legally described therein; and WHEREAS, CCWSD is agreeable to releasing a certain parcel contained in the Lasement, said parcel being legally described in Exhibit "A," attached hereto and incorporated herein by virtue of this reference, and labeled therein as "Parcel P- Site L" NOW 'fHEREF012E, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in said Easement as it relates to Parcel P -Site) as described in Exhibit "A "; provided, however, said Easement shall otherwise remain in fill force and effect except as to the released parcels. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of'County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO 'fHE GOVERNING BOARD OF THE COL 1,IEIZ COUNTY WATER- DISTRIC "F DISTRICT By By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency fay Jennifer White Assistant County AHorney EXHIBIT z� "C v ng�g 5CX x� n 0 Y Y b Na �n nn O om os O 1U v� ns � p � eS p x z ro I H 0 H I �1 0 ro r-J Y M M M O In O 9 s m �p a �m PNI ^^ v 00 a ; n cz � va vn mama �mZO O m vnZl A.' K x x 4 w �o I� ,an I� m O — _ H i i �x � i'T t i 1 110) 4 cl y (�� � xxii i�cono v'inY m m n mn zd CC pi z�; . � bm� �yw�� ;10 op U omm ° o � > §z✓g � >�noo� ou ,_� 80 z Copp g0 V. pA A m v e zui zmxz Om Uzi 6f y ^moA n °F o po ° z r-i .t oo�c,c nano °sue n nyA irR =On z °r ° m cim ?o^on �i r � za NNm: � F z - % Q ° m =, u nO zx =N n CCK�O(lL Mm ••YOInN� y4 p Y cm m�Om 10 R y�pq E NO �m y S Y DOma� 4�n A � In C) D O m oN —0 00 O W Yj O x >O wo N V N °x 6C3 16C3 RFI,I3ASB OF BASENIFNT 'THIS RELEASE OF EASEMENT' is made this _ day of .__._ 2010 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS "fFIF GOVERNING BODY OP COLLIER COUNTY AND AS EX- OI'FICIO 'ri-IE GOVERNING BOARD OF TTIE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3301 Taniami "frail East, Naples, Florida 341 l2 (hereinafter referred to as "CCWSD "). WI'I'N1 SSF;lTl: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between CG 11, LLC and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex -Officio the Governing Board of the Collier County Water - Sewer District, recorded on January 13, 2006 in Official Records Book 3965, Page 2891 of the Public Records of Collier County, Florida (hereinafter referred to as the "Easement "), encutnbering the premises legally described therein as "Parcel P -Site 2 "; and WHEREAS, CCWSD is agreeable to releasing the Basement. NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in the Basement. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk 13y: Approved as to form and legal sufficiency 13y: Jennifer White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS T'IIF GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO TTIF, GOVERNING BOARD OF TIIF; COLLIER COUNTY WATER - DISTRICT DISTRIC "f By. _ Fred W. Coyle, Chairman EXHIBIT jl 3 °s 1 x £!y t n c c m Q K mZ ¢ >� o h-0 �0 0 3 x s aoA o s o n N r u, I� i 9 U1 H ° H x �On aazO �rz C=J � z m�2mOAm2 °y ,�.rNivno� m z1��y �a om MAO CZ T yr„L 1 A^mv �a` zr b> zw a' Az v �z A OR: 3965 PG: 2893" b� n M � o ° Uy z >o s 01 ro am n I ro 9 7 z m, K C�TJ f C] v OA �z M U) ai L z I °>mom I .. � z I •"•m A- H i F� I 's r� fir, b�T °n I 0 MO mA'Hz r m Zm n e m mo,q �Fq -I'q;t A G wm'ua ow-��o y n ° -u ° -e 4nmNOK L � gmm�mmm Cmmno p 11 2 O n A mn Tnp� =n y1 N4 OppO OOOO mOA s _ s go °oo yw m�Cim zCmm zmv °NZ- z� z rr�o °n eizpz8N7 _o° na T D � NjVi Cll� am 4 m o mo0o°mL '� nG m o �oz�sii z °ohm O 9 S ° r C � ppOLr Sq r+� yo z �bm �vTi iiv Cy of no� i+ C '^ AS <v oe °o o? -- -z �= O m J o O ,0 H ox y a� M °z 1603 14 16031 UTILITY EASEMENT THIS EASEMENT, made and entered into this _ day of 2010, by 650 NWN, LLC, a Florida limited liability company, whose mailing address is 9010 Strada Stall Court, Suite 207, Naples, Florida 34109 (hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement for utility, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "A" attached hereto and incorporated herein by reference, and labeled therein as "Corrected Parcel P -Site 1 Easement." Subject to easements, restrictions, and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands, excavate, and place or remove materials, including, but not limited to, water lines and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, reconstructing, maintaining, repairing, operating and relocating within the easement area utility facilities under, on, above and through the easement area shown on Exhibit "A." The easement granted herein shall constitute easements running with the land and shall burden the lands described above. ,,EXHIBIT OA-1 e 16C3 ; IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print or Type) Witness (Signature) Name: (Print or Type) STATE OF COUNTY OF 850 NWN, LLC, a Florida limited liability company By: Joseph R. Weber, Vice President 159 S Main Street, Suite 500 Akron, Ohio 44308 -1300 The foregoing Utility Easement was acknowledged on this day of 2010 by Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) Approved as to form and legal sufficiency: By: Jennifer B. White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: My Commission Expires: EXHIBIT �e 3 16 C 13 F.EoTE 1. PAVY EASE VENT 4 PARCEL 00 LANC, LYiN,., !N AND WNG A FOR" ON C',F LOJ 4, Ci-" OAJE OMIVERC-E CEENTER, PHASE TIC. AS RECORDED IN PLO BOOK 41 PALES 5-' -R-'-'Gi� 1X, !N T,"E *ILjEu-- RECORDS 20!-,-,ER ',3jNFY, DE;V' MORE PARTICIULARY JES-P,SFD AS FOLLCV", Zit MENING AT FHE NORTHVVF C _S: CORNER �-,F SAID 4 ('Ul' GM E COMMERCE CEN 1 ER. R"ASE TWO " IFNC E N 9 '( E 'WRT- LINE OF SAIL, D-T 1 A D&TANCE OF 9593 EET :-EA'ON,-, "AD %,-,PTy LINE; S. 304619" E, A 200", FFET, -C -H'- ?O�N" J 89,'13'01" --, AND PAP41-LE.- VVI-� 7PF LOT A D:STANCE OF 4a Oj FEET, TIENCE S. J,,7'46'`? 9" 2M tEET, �HENCE S A' A, DSTA,",;�,- ,-P �EET, Oa4&59" t, A DISIANCE OF 21 00 ITIT. TO -4E MY CF BEGi%NIX -AVING A% AREA OF 84000 SQUARE FEET. 1603 ACCESS EASEMENT THIS EASEMENT made and entered into this __ day of , 2010 by 850 N WN, LLC, whose mailing address is 9010 Strada Stell Court, Suite 207, Naples, Florida 34109, (hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective, heirs, legal representatives, successors or assigns. WITNESSETIL Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, easement for access purposes, including vehicles on, over and through the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "I' attached hereto and incorporated herein by reference, and labeled therein as "Access Easement by Parcel P -Site L" Subject to casements, restrictions and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of maintaining, repairing and operating utility facilities. The easement granted herein shall constitute casements running with the land and shall burden the lands described above. EXHIBIT 16C34 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print Name) Witness (Signature) Name: (Print Name) STATE OF COUNTY OF 850 NWN, LLC a Florida limited liability company in Joseph R. Weber, Vice President 159 S. Main Street, Suite 500 Akron, Ohio 44308 -1300 Sworn to and subscribed before me on this _ day of _ , 2010 by Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or who has produced _ as identification. (affix notarial seal) Approved as to form and legal sufficiency: By: Jennifer White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: _ My Commission Expires: EXHIBIT 16 C 3 , UTILITY EASEMENT THIS EASEMENT, made and entered into this _ day of 2010, by CG II, 1 a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308 -1300 (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement for utility, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "A" attached hereto and incorporated herein by reference, and labeled therein as "Corrected Parcel P -Site 2 Easement." Subject to easements, restrictions, and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands, excavate, and place or remove materials, including, but not limited to, water lines and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, reconstructing, maintaining, repairing, operating and relocating within the easement area utility facilities under, on, above and through the easement area shown on Exhibit 'A." The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT �t 16C3 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. CG II, LLC, a Florida limited liability company Witness (Signature) Name: (Print or Type) By: Joseph R. Weber, Vice President 159 S Main Street, Suite 500 Witness (Signature) y Akron. Ohio 44308 -1300 Name.-. (Print or Type) STATE OF COUNTY OF The foregoing Utility Easement was acknowledged on this day of 2010 by Joseph R. Weber, Vice President, on behalf of CG Il, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) Approved as to form and legal sufficiency: By. Jennifer B. White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: My Commission Expires: EXHIBIT �S k C ,� fl P- SITE 2, RAW V,,'AIE`R WE-L. t-'AS[MENT A PARCEL CF LAND LDCATED IN A POR1,ON OF SECTION «. TOWNSHIP 4'A SOUTH, RANGE 266 EAS-, C",lLJER COUNTY, VORIDA, RUm «RE D-ESCRIBED, AS FOLLIOWS: COMMENCING AT THE N3RTHEAST CORNER OF C;7y ,,,,ATF COMMERCE CENTm ""ASE TWO, AS RECORDED IN PLAT SOCK «, PASES 97 THPOmH e,--' 71E PUEUC RECORDS OF M,tE-� COUN7)2, FLORIDA� -HFNl',-F A A 35, A DISTANCE OF 479.12 FFE-, -ONS, T,�E NCRT�, LNE OF SAD SECVGN ViENCE LEAVES SAa) NOVP 517; S Clsrt'N« y « <r FEP--T, 7�D THE POINT CF` -RE,-,IhNdNQ -FiENCE N 89'! 3 E ",ND PAPAUL L WTH THE %GR;;d JNE Y SAID '\E m«, A C, --4 -HEMCE S. <0*4559" E, A OF 21 00 FEE7� 1�4ENCE -, 89'1! cl­ �N, -� DISTANCE OF 444.39 :--EE-; -I-ENCE 4 OTMY M A MANDE Or 21 7) FECT -C THE ;DOINT Or �iAVIm AN AREA OF 924,00 SCUARE FEEI i 16C3 ACCESS EASEMENT THIS EASEMENT made and entered into this _ day of _ __ , 2010 by CG II, LILC, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308 -1300, (hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective, heirs, legal representatives, successors or assigns. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, easement for access purposes, including vehicles on, over and through the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "P attached hereto and incorporated herein by reference, and labeled therein as "Access Easement by Parcel P -Site 2." Subject to easements, restrictions and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of maintaining, repairing and operating utility facilities. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT 14 1 U 3 16C3 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print Name) Witness (Signature) Name: _ (Print Name) STATE OF COUNTY OF CG II, LLC a Florida limited liability company By: Joseph R. Weber, Vice President 159 S. Main Street, Suite 500 Akron, Ohio 44308 -1300 Sworn to and subscribed before me on this day of ` 2010 by Joseph R. Weber, Vice President, on behalf of CG II, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) Approved as to form and legal sufficiency: By: Jennifer White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Pub] ic) NOTARY PUBLIC Serial /Commission 9: _ My Commission Expires: EXHIBIT u -3 01 d LEGAL DESCRIPTION P -SITE 2, ACCESS EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N. 89'13'01" E. ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 464.05 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE N 89'13'01" E. A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID NORTH LINE, S. 00'46'59" E. A DISTANCE OF 10.00 FEET; THENCE S. 89' 13'01 " W. A DISTANCE OF 70.00 FEET; THENCE N. 00'46'59" W. A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING. HAVING AN AREA OF 700.00 SQUARE FEET. j(A x. CC)P 7- it O z mx z 1603 Ak, f�; �'A no V, 2li- in N �Fi 0 4 41 f WZ60 46 ZJ! 1603 Ak, f�; �'A no V, 2li- in N �Fi 0 1603 V, pm N 16C 3 MEMORANDUM Date: October 27, 2010 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Partial Release of Easement (Parcel P -Site 1) & Release of Easement (Parcel P -Site 2) Enclosed please find one (1) Original of each document, as referenced above (Agenda Item #16C3), which was approved by the Board of County Commissioners on Tuesday, September 14, 2010. Please forward the FULLY EXECUTED ORIGINAL to the Minutes & Records Department, to be kept as part of the Board's Official Records. If you should have any questions, please contact me at 252 -7240. Thank you ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines I I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excqition of the Chairman's signature, draw aline throu routing lines II throe I4, complete the checklist, and forward to Sue Filson (line IS Route to Addressee(s) Office Initials Date in in routing order) 2. . t 3. 4. 5. Ian Mitchell, BCC Office Board of County Cominissioners Superviso r 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents reeding the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Phone Number Contact A.- Agenda Date Item was _ f Agenda Item Number Approved b the BCC 1 Type of Document Number of Original Attached _ 4 �'� t ln�n1. -- Documents Attached INSTRUCTIONS & CHECKLIST is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 P.4 16C 3 PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is made this day of 2010 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "CCWSD"). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between Citygate Development, LLC and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, recorded on January 13, 2006 in Official Records Book 3965, Page 2873 of the Public Records of Collier County, Florida (hereinafter referred to as the "Easement ") encumbering the premises legally described therein; and WHEREAS, CCWSD is agreeable to releasing a certain parcel contained in the Easement, said parcel being legally described in Exhibit "A," attached hereto and incorporated herein by virtue of this reference, and labeled therein as "Parcel P -Sitel ." NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in said Easement as it relates to Parcel P -Sitel as described in Exhibit "A "; provided, however, said Easement shall otherwise remain in full force and effect except as to the released parcels. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- DISTRICT DISTRICT B By: Fred W. Coyle, Chairman Aoi> WN f&N-Ad lega sufficiency By: Jenni�fe -hi`fe, Assistant County Attorney a� � s8 N �1 GI z Z N 0 S � O E n t% M = o ° m N A M> O N y N , o= o R O ~ A m ° >z � O Q Z O n 1 �C �h 4 1 � 1 11 ,1 ,t > Ui O tija ba�x .Z.3yZ� irY�. a a y O) p a zxro�' d x� U)te �b 01 `J m C) m s OZ m A >x H ♦ m � I- 0 n O A n A z � A y 01; rn �0 n voz0 vm?-� 16C 3 I I b O� 00 I tv C S SSZS '�SJCOr010 > >� foil �I m m �mmmm ti^1O202C 29 '�I �R1 mo Oa'Z 0N MR 2 14 I I I � uwww NW ° - °may >T O O N ON �p� rjN 8 a m �€ a � > > »> m, =On= nr C 44 1.10 0 i z avv° , 0 _ o �1A A y pQy-4 .N~9 2222 iS M,MMi r=i1 Zn•1�0 = °4 0 0 °0,°1$+°1 C °,°1 °ym °� N C Z Z r t S °SS o ^�o� oa Ads" a $a �yn/S.10Or ]01:.1 r0 O x °gp° ou N° O >z yOmA 0014.°�_ >j NA O� N �m^�y O0QY1�yp Zm r 1 z LA Z A _fir N .O p =y °ti mn O0f1 p0 ACO >NC,y.y IQ _ �N 2ON0 jU O Z N p C n Q A G A O 0 n N O t1 m. 0 jr1 0 O �{ m> p fl ON oc�}.JZ VI O n U �Z °1Ci �V �'1 >uiC �3 -> 0 MO A 3* 316 3* l>'J 01 a� 00 30 LA 0 n Do r 1'1'1 = O —0 00 C IA x� $0 'A 16C 3 RELEASE OF EASEMENT THIS RELEASE OF EASEMENT is made this oday of VA61 h—, 2010 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "CCWSD "). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between CG II, LLC and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water - Sewer District, recorded on January 13, 2006 in Official Records Book 3965, Page 2891 of the Public Records of Collier County, Florida (hereinafter referred to as the "Easement "), encumbering the premises legally described therein as "Parcel P -Site 2 "; and WHEREAS, CCWSD is agreeable to releasing the Easement. NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in the Easement. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- DISTRICT DISTRICT Bye ii By. 'Jt � r', Ate 'M . Fred W. Coyle, Chairman - `il�atw�� Approved as to form and legal sufficiency By: Jennifer hite, Assistant County Attorney f ti f z e � o ly SO C n czi N w �> o nn Co o o c o z ziQtQ A y o � 'z o 0 i O 0 M O z IP y9 i� A P k ! T d �y5 ire i y j � \ y i En C O �` Cy CrJ �H ~x -3 C) �rz t� z H r-sMm fob �n N=INZ CC °mt_A` �� A Cpp�T��C_ N ant MI y A >p z~ p p Z N ZI H y >O�H C1 Z M�� cn LM OR: 3965 PG: 2893 bI O� zl HI s o I o rn m = n I 8 � I T oa I C' EZ Z I La AM , s "o A n M ►' I z ^+ rn 6 Ci v ° I Z 7y i '--ii vf'Ip� I I 00 con AR p ri oz�ip Oumq�v= Oar All. I Is Om ON Opj.��j N�y no A mmmm g Z ti ♦0� 0-0, almos > OSSO 'Az Z nCX 22 a 8$8$ �8009 O resin n� �gN �cmi�r O yN N �, =y a= , ,moon r' O � p A ti N a I.1 A A- 0 A O $rnn >ASn °� �' w000r°; v A � u •,incvz a E? e_= O z iz:�z `\ Z $rnn�v^ >A o0� v O nz a $i ° N p' L.Oj jA� Z p i r i j N A O Z N A = iv 2!o m= O = U O n D O r :p 0 O O O N O 16C 3 -I o x CA 0 a �°n -A- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the e 'tion of the Chairman's signature, draw a line throu h routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (I.ist in routing order) 1. 2 3. 4. 5. Ian Mitchell, BCC Office Board of County Commissioners / Supervisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Phone Number Contact ' Agenda Date Item was Agenda Item Number Approved by the BCC SmDL Type of Document V Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not T o riate. (Initial). Ap licable) inal document has been signed/initialed for legal sufficiency. (All documents to be d by the Chairman, with the exception of most letters, must be reviewed and signed e Office of the County Attorney. This includes signature pages from ordinances, utions, etc. signed by the County Attorney's Office and signature pages from acts, agreements, etc, that have been fully executed by all parties except the BCC man and Clerk to the Board and possibly State Officials.) All handwritten strike- through and revisions have been initialed by the County' Attorney's Office and all other parties except t the BCC Chairman and the Clerk to the Board V'f 3. The Chairman's signature line date. has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. 'Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell 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 your deadlines! 6. The document was approved by the BCC oneD (enter date) and all changes made during the meeting have been incorporated in the attached document. They County Attorney's Office has reviewed the char es, if applicable. m� <i 1: l=onns/ County Pones/ HCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 16C3 MEMORANDUM Date: September 15, 2010 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement (Access for North Raw Water Wellfield South Collier Regional Water Treatment Plant Enclosed please find one (1) original document, as referenced above (Agenda Item #1 OF), which was approved by the Board of County Commissioners on Tuesday, September 14, 2010. Please forward the ORIGINAL DOCUMENT back to the Minutes and Records Department to be kept for the Boards Records. If you should have any questions, please contact me at 252 -7240. Thank you 16C3 AGREEMENT Access for North Raw Water Wellfield South Collier Regional Water Treatment Plant THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between 850 NWN, LLC, a Florida limited liability company, and CG II, LLC a Florida limited liability company (hereinafter collectively referred to as "Owner "), whose mailing address is 159 South Main Street, Suite 500, Akron, Ohio 44308, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter referred to as "Water -Sewer District "), whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112; and WHEREAS, the Owner is the developer and owner of the City Gate Commerce Center, Phase Two Plat and the undeveloped land in the City Gate Commerce Park PUD; and WHEREAS, the City Gate Commerce Center, Phase Two Plat has been recorded in Plat Book 49, Pages 97 to 100 of the Public Records of Collier County, Florida; and WHEREAS, the Water -Sewer District is the operating entity of the South Collier Regional Water Treatment Plant (hereinafter "SCRWTP "); and WHEREAS, the Water -Sewer District operates two raw water wells that are located within the City Gate Commerce Park (hereinafter "County Raw Water Well P -Site 1" and County Raw Water Well P -Site 2 ") (See sketch attached hereto as Exhibit "A "); and WHEREAS, the Water -Sewer District needs additional area for access to the two raw water wells located within City Gate Commerce Park PUD as well as to the Water -Sewer District's raw water well field to the northeast of the City Gate Commerce Park PUD; and WHEREAS, Owner is willing to grant new access easements to the Water -Sewer District for the additional area pursuant to this agreement; and WHEREAS, proper utilization of existing easements and the additional access easements will require the correction of some existing utility easements as well as additional construction in the area of the new access easements and corrective easements; and and WHEREAS, the Water -Sewer District is willing to pay Owner for the additional construction; Page 1 of 5 16C3 .1 WHEREAS, the Owner has contracted with Bonness, Inc. ( "Owner's Contractor ") to construct the Phase Two Plat subdivision improvements and Owner's Contractor is currently constructing said improvements; and WHEREAS, the County will release the utility easements for County Raw Water Well P -Site 1 and County Raw Water Well P -Site 2 in exchange for appropriate corrective utility easements granted by Owner; and WHEREAS, the replacement utility easements and the new access easements will necessitate the replat of Lot 4 of the City Gate Commerce Center, Phase Two Plat; and WHEREAS, the Water -Sewer District staff and the Owner's engineer have met and determined the appropriate specifications for the required additional construction (hereinafter "Field Changes "); and WHEREAS, it would be mutually beneficial to both parties, for the Owner's Contractor to construct the Field Changes. NOW THEREFORE, it is hereby mutually acknowledged, and it is agreed by and between the parties as follows: 1. Owner has caused its engineer to design the Field Changes 2. As used herein, the term "Field Changes" shall be generally described as the installation of 50 linear foot retaining walls, the construction of opaque concrete privacy fences thereon, additional fill and road base in the vicinity of both County Raw Water Well P -Site 1 and County Raw Water Well P -Site 2, the replacement of existing V x 1.5' "pull boxes" with 3' x 4' manholes, and reconfiguration of existing fence gates and fences as more particularly described and shown on Exhibit `B" attached hereto and made a part hereof. The description of the Field Changes and specifications thereof shown on Exhibit `B" shall control over the general description set forth above. 3. Water -Sewer District has reviewed the design and has provided final approval of the Field Changes. 4. Owner will cause the Field Changes to be constructed pursuant to this agreement and will complete the construction of the Field Changes in the vicinity of County Raw Water Well P- Site 1 by October 10, 2010 and complete the construction of the Field Changes by County Raw Water Well P -Site 2 by October 15, 2014. Water- Sewer District shall pay Owner an amount not to exceed $85,400.00 upon receipt of invoices for work identified in the Schedule of Values. Page 2 of 5 16C 5. Owner and Water -Sewer District agree that no changes or additions to the Field Changes will occur except upon the expressed written agreement of both Owner and Water -Sewer District. 6. Upon completion of the Field Changes, as -built surveys will be provided by Owner's surveyor. 7. On or before November 1, 2010, the Water -Sewer District will execute and deliver to Owner a Partial Release of Easement and Release of Easement in the forms shown on Exhibit "C" attached hereto, releasing the well easements to "Parcel P -Site 1" and "Parcel P -Site 2 ". 8. Upon the delivery of the Release of Easements described above, the Owner will grant and deliver to Water -Sewer District: a. A Utility Easement in the form shown on Exhibit "D" attached hereto, correcting the legal description of the Utility Easement on those lands described therein ( "Corrected Parcel P -Site 1 Easement "). b. An access easement in the form shown on Exhibit "E" for those lands described therein ( "Access Easement by P -Site V), which shall be subject to Owner's right to have and maintain the retaining wall and concrete block wall thereon as well as landscaping north of said wall. Owner shall be responsible for all costs associated with maintenance of said walls and landscaping. C. A Utility Easement in the form shown on Exhibit "F" attached hereto, correcting the legal description of the Utility Easement on those lands described therein ( "Corrected Parcel P -Site 2 Easement "). d. An access easement in the form shown on Exhibit "G" for those lands described therein ( "Access Easement by P -Site 2 "), which shall be subject to Owner's right to have and maintain the retaining wall and concrete block wall thereon as well as landscaping north of said wall. Owner shall be responsible for all costs associated with maintenance of said walls and landscaping. Page 3 of 5 16C3 9. The parties acknowledge that a replat of Lot 4, City Gate Commerce Center, Phase Two will be necessary to reflect the Corrective Parcel P -Site 1 Easement and the new Access Easement by P -Site 1, which will look substantially similar to Exhibit "H" attached hereto. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DATED: S IM Ci BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA and as EX- OFFICIO THE GOVERNING BOARD OF - THE COLLIER COUNTY WATER-SEWER DISTRICT By: Fred W. Coyle Chairman Approved as to form and legal sufficiency: Jennifer White, Assistant County Attorney Page 4 of 5 AS TO OWNER: Signed, sealed and delivered in the resence of: rrintecl Name k. I R u >10— e UGi' ' Z Printed Name 850 NWN, LLC A Florida Limited Liability Company ByRph 4" "�� Signature Vice Pres' ent ?1-7) o CG II, LLC A Florida Limited Liability Company By' �' 41 � �� Signature R J s ph eber, Vice President 9/.7/,,, Page 5 of 5 16C3 C3 n 1 C. 3 OZmS' ° 0 s D -o ZD o 20p O O - -Z D 0-U� m VZ-� °-D0o0 A 2 Z . 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D_ Z mm my = m0VI' O D C A C �O O DN ;AAA Z° Zm �TI �_� m m y o s oA vai °`a W zo zo��1n A fT1.Z7 Z Om m D D G r O Z D m 9 O A m A A C O i A O =1tim m A D A< Om .� D O ac >- mrWiOD O �7 Z tIo moo p 7 �� aA o mg zz _zm m X D O Z P1I e5 tr a p F ° C m Z Z - W G mC p zm m O C Zp D All 1-W 1.3' 2.9 2.5' St O i I I I < o of ON L1 _L_ w{� °° \ 1 i� � � • � y iw T W � bl �1 O 0 1j a $ bi 70-1 EXHIBIT B — PAGE 1 zD m Zo r zo OZ all O Z m Z Q Z m m a lz Q $ N� z n lie O 8 JIM 114 a a 2 J 00 49 J O ; Q n: N N EXHIBIT B - PAGE 2 04 R �8 v r N r o� L Ii 1, J� 6C3 Zv N D �z �<< mm CO °(n D m� max mOIMO , me -OI?7 =c° zo OC)W °W °O z ;;0 0 m QZ 0DO ooyN m 0 g M D 0 m m n o D O= I i x n; N 0� S� —o o N DmD mr f m I O I I D m Z m Z m m + I -u Z: r X X I � n m 1 O m -1 -i I X r S (n X Z 1mrn m N G7 1 F x n Z --1 CO I r0 m Dr_ Q mm > i° i r =i Z Cl) (n C O m I i m m O .0 1 (� C7 < I z m r D r --I I m r Z m m r C) + O D m U) O Z � CO x c r ! 1 /� N m CA I i m ° Q - t I iq II II �` II O NJ kb 00 D C W m m N m �0 - U) n m m z I x x (n D C- m� I I r N GI Z 0 O m I m = D � zD O I r- --- i (p m I Z m m m m g i m ' I Ii g D r Co I p Q $$g O Z rn i O O m O, C7 ! z I -0 Z -� -u n � I mn DOO 00 Z p 1" o J � Z -n -O ° m of U,D imp DO i Qz :E :-�m ZD D D NZ �DW m m r O r (n C) mD -mires Dz 9 -m mD m rr r m K �0 O z EXHIBIT B' PAGE-"3 zoa I I m n I z< on n(A Am - I m l 7u D Z I z0 U) I m c Ozl 13 < z I o .. o f D 11-0 M r o 0 � \ O G O O • m O m ( p n W D Q m m N M r D Z ou Z m m Z Q Z • D a O C7 n m CQ D ono C- m D n INI C) L< �m> m m0 O Z-�Im I = cD() I� D m K: D I �A m z m I `C> 3 0 Q tb r I I m X p O; o D� I Z 10 r O C I G7 z Ci I o I m I D I m CA ' ' EXHIBI B! - PA 91E 4 i Llll.1VJ UI GJ 2 of these stacked on eachother EXHIBIT http:// www. teamgalloway .com/3col_enclosures.php Page 2 of 4 16C3 i 9/"3/2010 (POLYMER CONCRETE BOXES 11X18X12 � 11 X18X18 � 12 X 12 X 12„ ' 13X24X12 13X24X18 ? 17X30X12 17X30X18 17X30X24 70 21 112 14 37 27 106 15 147 10 24X24X12 24X 44X24 F 24X36X18 24X36X24 24 X 36 X 30 24 X 36 X 36 30 X 48 X 18 30 X 48 X 24 30 X 48 X 30 30 X 48 X 36 30 X 48 X 48 195 218 I8 451 14 478 r4 703 r2 —� 745 12 753 ��-- 36 X 60 X 18 FRP ONLY 36 X 60 X 24 -- 764 I2 1056 36 K60 X 36 36 X 36 X 24 FRP 322 327 332 —�1 L ^_J 2� 36 X 36 X 30 FRP 136 X 36 X 36 FRP FIBERGLASS BOXES - TAPERED BOX 13X24X18 �--- 111 18 124 11-01 129 10 261 17X30X18 � 17X30X24 24 X 36 X 18 24 X 36 X 24 EXHIBIT http:// www. teamgalloway .com/3col_enclosures.php Page 2 of 4 16C3 i 9/"3/2010 1'6C3 PAR`T'IAL RELEASE OF EASEMENT THIS PAR'T'IAL RELEASE OF EASEMENT is made this _ day of 2010 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS TIDE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO '1111, , GOVERNING BOARD OF 'I'lIE COLLIER COUNTY WA'T'ER -SEWER DISTRICT, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Cm u'). ). WITNESSETI I: WIIEREAS, CCWSD is the holder of that certain Utility I "casement by and between Citygate Development, LLC and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, recorded on January 13, 2006 in Official Records Book 3965, Page 2873 of the Public Records of Collier County, Florida (hereinafter referred to as the "Easement ") encumbering the premises legally described therein; and WHEREAS, CCWSD is agreeable to releasing a certain parcel contained in the Easement, said parcel being legally described in Exhibit "A," attached hereto and incorporated herein by virtue of this reference, and labeled therein as "Parcel P -Site 1." NOW THERE TORE, , in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in said Easement as it relates to Parcel P -Site1 as described in Exhibit "A'; provided, however, said Easement shall otherwise remain in full force and effect except as to the released parcels. IN WITNESS WIII;REOI', CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC.K, Clerk OF COLLIER COIJNTY, FLOIZIDA, AS TIIE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OTa TIII COLLIER COUNTY WATER- DISTRIC'I' DIS'I'RIC'I' By: _ Approved as to form and legal sufficiency Fred W. Coyle, Chairman 13y: Jennifer White, Assistant County Attorney EXHIB 2 wt a N r oZ� w 0 O N n to b"d w z 0 s UN �y W m> O n chi O 'o � 0z p t° s� D z � s � .~ D CA ~ M o p •Z. ey O v (q m n Z 1 S 7 U 'L1M�y L J �1�x l- y Iq r8 n p or._r z-�SVxi n ADn1'�l -,A -• '� n- rimmi^.�OOn UO Z A�2 (DII U^OV5� >yp or rnn Zoc�s� NZ p r. A['O VSGDA �rt ` Klz < vn,, o N \ZY bl FDA OZ A y H 0) N M' H OM �7rb� d x� U ET � �TO4:1 v s xo ym 00 •p O O N 0 vn Z r m r- V O y v rq .'� 0 Y, ?u . _ i.....i f• 1 _ o .."._...t ...... © M Lµ_J� W m m�1YZ pS VCO/'C�fO N >> "� mmm �S^oz0 m s nnnn itzig z mGZi> � O mmmm m m�A ..� < z2Ra m �-' v am A > N WTW- WW -IA. A t a 000tA gp�riN °~ YS z o z m rrifFri grim rn-�m� O° m qr A Z NDON �O D O °nA pY _Ci N VI 1 < •-r V O y y b . A =" �n z n m1Oig 8m ° =A00 D v otso ��zCC =z nAAo ° X °000 +OIN VIO f7C2U !Z `,9ib� `L 8 N y rArmmr^ M�`XNtmnsr. m0 zAl� p K O•, z-iv Obi-. Om i- N -i y -a n• mM O- 0 Y 9 S D T O A L ri s� '.N 0 YOOA m z O r > . S N Cn N A s'A y U N p A mAm oO o A .0 E A I p T MoZ Zli vJ. z om vrq me z smopl� r)o V 1 A m O� r w t.0 C71 N 00 t70 O 0 Ai r F' s) x Cz 1�a N O vi n Da r t*1 O — O 00 C yx a� Ea 0 EXHIBIT 16C3 REEL.EASE OF I ASI3MisN'T "PHIS RELEASE; OF EASIMENI` is made this day of.—..---- 2010 by the BOARD OF C'OUN TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS TI IE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLIA1. R COUNTY WATER -SEWER DIS"IRICT, whose mailing address is 3301 Tamiami Trail Fast, Naples, Florida 34112 (hereinafter referred to as "CCWSD "). WI'TNESSETH: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between CG 1I, LLC and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water - Sewer District, recorded on January 13, 2006 in Official Records Book 3965, Page 2891 of.'the Public Records of Collier County, Florida (hereinafter referred to as the "Easement "), encumbering the premises legally described therein as "Parcel P -Site 2'; and WIIIREAS, CCWSD is agreeable to releasing the Easement. NOW THIsREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in the Easement. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT F. BROC:K, Clerk By: Approved as to form and legal sufficiency By Jennifer White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS Ol' COI,LIL?R COUNTY, FLORIDA, AS TIR GOVERNING BODY O.F COLLIER COUNTY AND AS EX- OFFICIO TIIE: GOVERNING BOARD OF'TIII COLLIER. COUNTY WA'TE;R- I)IS "I'RIC 'I' DIS'I'IZIC 'I' By: Fred W. Coyle, Chairman EXHIBIT ,�, C' <.�v•r' �f i� !I 1 Y - !a cz OR: 396 PG: 2893 zz -3 I1 �to AC) Ii O H 0i y I N s 0 u��y N yr z A a r n m 0 m� iD . s :O r 0z cX z° A 0 D U M 0 bZ n O O 2 N n ti z n O m 0 0 1 0 G" O (n I i 1 F 1� txj tzj H r 'i.. i On/ 0 / O 00 w eC 9 J 2v (l W M101�1'j ZCi02 �m ORnIi771 -1 1A -Z NAp r n O po pOZl� X92 °O� } tz m�q�..' , .. , �ry�� I �� N n w01 w 01 NpW -i �mMy IA V b� I y I 0 gg K x° �'O °2m� O-1 Z 6 q z r� m:IE m ,mjnrSAm r° u �ao mb o gO 600o a syya ° >impn= 00 r 8� v' S O �Mr1M Mm X r 0000 O+OiOX-C 20 "9 rmr qq b v Seooa ywzCmxm n� m °^ S� ti9 0°�- IO'il�A �fi z O 0000° O�mmf7V� °O =,�y b>-"z r -1 .�A.y Op,0 p0 bz A n -M >> H a mm'm� °°n'roc'sr mo o�C �? ci r�lCD ° °� i 0 Zm 2 i i N n A �d (P N O CN>O Z O° 5 Nmz 01 O .n O l°b n A O nn Cl O i O \ \r0C) z vZ A m040t°nL 5"N S ��f N N�v�a�° Oc v O °c D X O Z" A r'1 �Q^10'1 fyy .0 t7 }}ib Z A DOmOT f7N mo p° -z ° a mm� rl EXHIBIT A' ......�`�.,. .v p i \ 6C3 01 t-1 6 tl, Il OR: 396 PG: 2893 -3 I1 �to AC) Ii O H 0i y I ro 0 Ca _om(� t x° n O 1 .- � � i o o �2 Z I M 19 z "fMO tZI z I z� �.m. I F 1� txj tzj H r 'i.. i On/ 0 / O 00 w eC 9 J 2v (l W M101�1'j ZCi02 �m ORnIi771 -1 1A -Z NAp r n O po pOZl� X92 °O� } tz m�q�..' , .. , �ry�� I �� N n w01 w 01 NpW -i �mMy IA V b� I y I 0 gg K x° �'O °2m� O-1 Z 6 q z r� m:IE m ,mjnrSAm r° u �ao mb o gO 600o a syya ° >impn= 00 r 8� v' S O �Mr1M Mm X r 0000 O+OiOX-C 20 "9 rmr qq b v Seooa ywzCmxm n� m °^ S� ti9 0°�- IO'il�A �fi z O 0000° O�mmf7V� °O =,�y b>-"z r -1 .�A.y Op,0 p0 bz A n -M >> H a mm'm� °°n'roc'sr mo o�C �? ci r�lCD ° °� i 0 Zm 2 i i N n A �d (P N O CN>O Z O° 5 Nmz 01 O .n O l°b n A O nn Cl O i O \ \r0C) z vZ A m040t°nL 5"N S ��f N N�v�a�° Oc v O °c D X O Z" A r'1 �Q^10'1 fyy .0 t7 }}ib Z A DOmOT f7N mo p° -z ° a mm� rl EXHIBIT A' ......�`�.,. .v p i \ 6C3 01 t-1 6 tl, Il - r -.1.6 G_� UTILITY EASEMENT THIS EASEMENT, made and entered into this day of , 2010, by 850 NWN, LLC, a Florida limited liability company, whose mailing address is 9010 Strada Steil Court, Suite 207, Naples, Florida 34109 (hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement for utility, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "A" attached hereto and incorporated herein by reference, and labeled therein as "Corrected Parcel P -Site 1 Easement." Subject to easements, restrictions, and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands, excavate, and place or remove materials, including, but not limited to, water lines and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, reconstructing, maintaining, repairing, operating and relocating within the easement area utility facilities under, on, above and through the easement area shown on Exhibit "A." The easement granted herein shall constitute easements running with the land and shall burden the lands described above. �IEXHIBIT F j 16C3 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print or Type) Witness (Signature) Name: (Print or Type) STATE OF COUNTY OF 850 NWN, LLC, a Florida limited liability company ay: Joseph R, Weber, Vice President 159 S Main Street, Suite 500 Akron, Ohio 44308 -1300 The foregoing Utility Easement was acknowledged on this day of , 2010 by Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) Approved as to form and legal sufficiency: (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: My Commission Expires: By: Jennifer B. White, Assistant County Attorney EXHIBIT c. ,,?-'413 /1 LEGAL DESCRIPTION P-SiTE 1, RAW WATIER WELL LEASEK4ENT 4 PARCEL OF LAND U1NC IN AND BEING A PORTION OF LOT 4 CITY �ATE COWMERCE CENTER' PHASE TWO, AS 'RECORDED IN PLAT BOOK 49, PACES g7 THR�U�H YOU. IN THE PUBLIC RECORDS OF COLLIER COUNTY FL�R|DA BE{N� �ORE PARTlCULARY DESCRIBED AS FDLLOVV3� ' " ' COW1MENC/NG AT THE NORTHWEST PROPER"IFY CORNER OF SAiD LOT 4 C|TY -ATE COMMERCE CENTER, PHASE TWO; THENCE N 89^13'01^ E ALONG THE �ORTH LINE OF 'SAID LOT 4, A DISTANCE OF Q5.-] FEET: - L~= RG SA/D NORTH LINE; S� 00^48'59" E. A DISTANCE OF 30.00 FEE[ TO THENCE E ~~�~ QF BEGINNING; THENCE N @Q^1J'O1, E. AND PARALLEL YY�H THE NORTH POINT �E OF SA/O 'LOT 4, A DISTANCE OF 40DO FE�[ THENCE S. OO'4G'5Q^-' �' -' ~ OF 2100 FEE[ THENCE S 8g'1�'O1^ YY A DISTANCE DF 4O0D- �' DISTANCE ^^ 0'46'59" S. � FEET; THBNCE HAVING AN A-Ri'EA OF 840A-J0 SQUARE FEET. 1bC3 ACCESS EASEMENT THIS EASEMENT made and entered into this _ day of 2010 by 850 NWN, LLC, whose mailing address is 9010 Strada Stell Court, Suite 207, Naples, Florida 34109, (hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective, heirs, legal representatives, successors or assigns. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby aclaiowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, easement for access purposes, including vehicles on, over and through the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "1' attached hereto and incorporated herein by reference, and labeled therein as "Access Easement by Parcel P -Site 1." Subject to casements, restrictions and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of maintaining, repairing and operating utility facilities. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT v 16C3 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print Name) Witness (Signature) Name: (Print Name) STATE OF COUNTY OF 850 NWN, LLC a Florida Iimited liability company Joseph R. Weber, Vice President 159 S. Main Street, Suite 500 Akron, Ohio 44308 -1300 Sworn to and subscribed before the on this day of 2010 by Joseph R. Weber, Vice President, on behalf of 850 NWN, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) Approved as to form and legal sufficiency: By: Jennifer White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: _ My Commission Expires: EXHIBIT 01- o 6C.� LEGAL DESCRIPTION P -SITE 1, ACCESS EASEMENT A PARCEL OF LAND LYING IN AND BEING A PORTION OF LOT 4, CITY GATE COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST PROPERTY CORNER OF SAID LOT 4, CITY GATE COMMERCE CENTER, PHASE TWO; THENCE N. 89' 13'01 " E. ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 81.93 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE N 89' 13'01 " E. A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID NORTH LINE, S. 00'46'59" E. A DISTANCE OF 10.00 FEET; THENCE S. 89' 13'01 " W. A DISTANCE OF 70.00 FEET; THENCE N. 00'46'59" W. A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING. HAVING AN AREA OF 700.00 SQUARE FEET. EXHIBIT 16C3 � UTILITY EASEMENT THIS EASEMENT, made and entered into this day of , 2010, by CG II, LLC, a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 600, Akron, Ohio 44308 -1300 (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non - exclusive easement for utility, access and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "A" attached hereto and incorporated herein by reference, and labeled therein as "Corrected Parcel P -Site 2 Easement." Subject to easements, restrictions, and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands, excavate, and place or remove materials, including, but not limited to, water lines and pipes, well pumps and raw water wells, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, reconstructing, maintaining, repairing, operating and relocating within the easement area utility facilities under, on, above and through the easement area shown on Exhibit "A." The easement granted herein shall constitute easements running with the land and shall burden the lands described above, EXHIBIT aj� c 16C5 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print or Type) Witness (Signature) Name: (Print or Type) STATE OF COUNTY OF CG II, LLC, a Florida limited liability company By: Joseph R. Weber, Vice President 159 S Main Street, Suite 500 Akron, Ohio 44308 -1300 The foregoing Utility Easement was acknowledged on this day of , , a 2010 by Joseph R. Weber, Vice President, on behalf of CG II, LLC Florida limited liability company, who is personally known to me or who has produced as identification. (affix notarial seal) Approved as to form and legal sufficiency: 0 Jennifer B. White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #: My Commission Expires: E HIBIT -1 °c2 —1 Q° �, /1 1-6 -~ "� LE"'3AL [)�SCR|PT|{]N P—��|TE 2, R A� �AT�R VV�L� ����K4�NT A PARCEL OF LAND LOCATED IN 4 PORTION OF SECT}QN 35 TOWNSHIP 4q SOUTH, RANGE 26 EAST, COLLIER COUNT( FLORIDA, BEING 'ORE PAR�CUL4RLY DESCRIBED AS FOLLOWS- COMMENCING - AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER PHASE TWO, AS RECOR�ED IN PLAT BOOK 4�' PACES 97 THROUGH }OO |N' THE PUBL|C RECORDS OF COLLIER COUNTY' FL0R}DA� THENCE N B9`13''l^ E ALONG, THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF �78.Y2 ~ET- THENCE LEAVNG SAID NORTH LINE; S. 0[y46'�9^ E� A DISTANCE OF 3O.— ' FEET' T0 THE POINT OF BEG|NN|N�; THENCE N 8g`1J'O1" E AND PARALLEL YV(TH THE NORTH UNE DP SAID GECTO0 35. A D|STANCE O 4400 FEET� THENCE 5. 00'46'59^ E. A DISTANCE OF 21,00 FEET; THENCE 5. 89 '1�3,`1^ VV A DISTANCE OF 44.00 FEET; THENCE N. 00~46'59 '' W. A D|STANCE OF2� OO } FEET` T� THE POINT OF BEGINNING. HAVING AN AREA OF 9'l?4.00 SQUARE FEET. EXHIBIT �o I 6C 3-4 ACCESS EASEMENT THIS EASEMENT made and entered into this _ day of , 2010 by CG II, LLC, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308 -1300, (hereinafter referred to as "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective, heirs, legal representatives, successors or assigns. WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, easement for access purposes, including vehicles on, over and through the following described lands located in Collier County, Florida, to wit: Said lands are legally described in Exhibit "1' attached hereto and incorporated herein by reference, and labeled therein as "Access Easement by Parcel P -Site 2." Subject to easements, restrictions and reservations of record. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for the purpose of maintaining, repairing and operating utility facilities. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. EXHIBIT 0 3 1fiC3 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: (Print Name) Witness (Signature) Name: _ (Print Name) S'T'ATE OF COUNTY OF CG II, LLC a Florida limited liability company By: josepn x. weber, vice President 159 S. Main Street, Suite 500 Akron, Ohio 44308 -1300 Sworn to and subscribed before me on this day of 2010 by Joseph R. Weber, Vice President, on behalf of CG II, I LC, a Florida limited liability company, who is personally known to the or who has produced as identification. (affix notarial seal) Approved as to for►n and legal sufficiency: By: -- Jennifer White, Assistant County Attorney (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission: _ My Commission Expires: EXHIBIT u -� 16C3. LEGAL DESCRIPTION P -SITE 2, ACCESS EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF CITY GATE COMMERCE CENTER, PHASE TWO, AS RECORDED IN PLAT BOOK 49, PAGES 97 THROUGH 100, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N. 89'13'01" E. ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 464.05 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE N 89'13'01" E. A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID NORTH LINE, S. 00'46'59" E. A DISTANCE OF 10.00 FEET; THENCE S. 89'13'01" W. A DISTANCE OF 70.00 FEET; THENCE N. 00'46'59" W. A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING. HAVING AN AREA OF 700.00 SQUARE FEET. EXHIBIT ��hrr A rl Vs a �4 — — — — — — — — — — — -- 4 16919kX0 N f — — — — — — — — — — — — 1.00, ti� try C, w n Po L-4 :i Z T z 46' jjj f/ �4 — — — — — — — — — — — -- 4 16919kX0 N — — — — — — — — — — — — 1.00, ti� try C, w n L-4 m EXHIBIT 1603 n v as eo 05 Qj ff Q c: 03 4 z C, w n :i Z T z EXHIBIT 1603 n v as eo 05 Qj ff Q c: 03 4