Loading...
Resolution 2003-136RESOLUTION NO. 2003- 13 6 RESOLUTION AFFIRMING AN APPLICATION FOR A GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM 1604 WHEREAS, the State of Florida Fish and Wildlife Conservation Commission encourages counties to improve recreational boating in their areas through the Florida Boating Improvement Program (FBIP); and WHEREAS, Collier County desires to develop a new boating park on a County-owned parcel of land in Goodland to enhance the recreational boating opportunities for Collier County residents and visitors; and WHEREAS, Staff is requesting that the Board of County Commissioners affirm submittal of a grant application on behalf of Collier County and to authorize the County Manager to designate a staff project manager to perform all necessary acts to obtain these grants, and to accomplish the goals of such a grant if awarded to the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners affirms submittal of the grant application, attached hereto, and authorizes the project manager to apply for and administer the grant on behalf of the Board with all understandings and assurances contained therein, and also authorizes Staff to act in accordance therewith. This Resolution adopted this ~ day of /~0r~ 2003, after motion, second and majority vote in favor of adoption. ATTEST ,_~W!OHT E?B.,R. OCK, Clerk Approved as, to form and Robert Zaci~ry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER~TY,.~/FLORIDA By: A /~rt __-~.~/~ ° Tor~ l~enning, ~hai~an ~ 16D4 COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353-0404 FAX: (941) 353-1002 Website: colliergov, net April 3, 2003 Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 To whom it may concern: On behalf of the Collier County Board of Commissioners, I am pleased to submit the enclosed grant application for the current cycle of the Florida Boating Improvement Program for survey, engineering, and design of Goodland Boating Park. If this project is chosen for funding Collier County is committed to fulfilling all commitments made in the application. I authorize Amanda Townsend, Operations Coordinator for Collier County Parks and Recreation Department, to act as the project manager and official contact person for this grant project. I understand that all correspondence regarding the grant application will be directed to her. Collier County thanks you for the opportunity for assistance in expanding and enhancing recreational boating for its residents and visitors. Si.nc/erely, ,~ ~ Marla Ramsey L. / Director of Parks and ~mhtion I[Fiscal FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION FOR OFFICE USE ONLY I Date Received: Year: Grant Application Number: Fill in all sections that appl~ - Leave all other sections blank I - APPLICANT INFO~TION County Name: Collier Applicant 'Name: Maria Ramsey Applicant Title: Director of Parks and Recreation Applicant Mailing Address: 3~00 Santa Barbara Blvd. Federal Employment Id. No.: 59-6000558 Telephone No.: Fax No.: 239-353~-0404 239-353-1002 Suncom No.: mandaoswald~colller~ov.net City: Zip Code: Naples 34116 Project Moa§er Name: Amanda O. Townsend Title: Operations Coordinator H-PROJECTLOCATION Latitude: N 25°55'30 " Longitude: W 81 038 '30 " Facility Name: County: Waterbody: Goodland Boating Park Collier Coon Key Pass District Nombers US Congress: 14 State House: 76 State Senate: 37 County Commission: 1 Facility Street Address or Locafiop~ 740 Palm Point Drive, Goodland m - PROd-ECT SUMMARY l'ype of Application: [] New (never considered before) [] Reconsideration [] Phased Continuation- Phase No.: Type of Project: [] I- Recreational Channel Marking [] III- Aquatic Plant Control [] II- Public Launching Facilities [] IV- Other Local Boating Related Activities Grant Funds Requested $ 75,000.00 Project Description: Collier County Parks and Recreation will hire a consulting firm to survey, design, and engineer a two4ane boat ramp and park faciltiy with parking for approximately 76 trailers and 20 regular vehicles, a rest room, picnic shelter, playground, Fmhing area, and veiwing station as generally laid out in a conceptual plan drawn by Parks and Receation staff. The site is a a 5.22 acre undeveloped parcel at the southern tip of the village of Goodland. Estimated total project cost is $150,000; requested FBIP funds is $75~)00. Revised 01/2003 1 1604 IV - GENERAL FACILITY INFORMATION Type of Facility: [] Primitive [] Small (1 bane ramp) [] Medium (2 lane ramp) [] Large Regional (3+ lane ramp) [] Tie -up/OvemighffMoorage/Marina [] Other survey, engineering, and design Upland Ownership: []Public- Fee Simple [] Public - Lease [] Number of Years Remaining m Lease Name of Owner Collier County Is this facility open to the general public7 [] Yes I--INo E~imate Percent (%) Use of Launching Facility: Motorboats/Sailboats Non-Motorboats Day Use, Parking or Launch Fee Amount: $ Tie-up/OvernightMoorage: $ Names of adjacem boating facilities, public and private (ramps, tie-up facilities/marinas) within a 10-mile radius. Nome Distance Name 1 Caxambaa Park 4.6 miles 6 Isles of Capri Marina 2 Collier Blvd Boating Park 5.2 miles 7 Shell Island Road Boat Ramp 3 Collier-Seminole State Park 5.8 miles 8 4 Calusa Island Marina .5 miles 9 5 Moran's Marina .5 miles 10 Distance 6.6 miles 8.6 miles V - FACILITY COMPONENTS AND USE - EXISTING CONDITIONS Number of Launch Lanes: [] Asphalt [] Concrete I-IOther Type of Ramp: Condition: []Poor ["] Average [-IGood Number of Boat Trailer Parking Spaces: [] Asphalt [] Concrete Type of Parking: [-]Other Condition: ['-IPoor [] Average []Good Other Facility Attributes: Pump out or Drop Station: [] Yes Restmom: [] Yes [-']No []No Length of Boarding Docks: Ft [] Wood [] Aluminum Type of Dock: Condition: I-IPoor [] Average Length of Tie-up Dock or Moorage: Ft [] Asphalt [] Concrete Type: [-'1 Slip ["]Broadside Condition: ["] Poor [] Average I"lOther [] Good or Slip FIOther ~ [] Good 1604 VI - PROJECT NEED List Primary Need for Project: [] Safety [] Age-end of Useful Life [] Environmental Needs of the Area []Other. [] High Demand by Users [] Recommended by FWC Staff [] Lack of In-house Capability Known Public Support: (Name) [] Adjacent Land Owners [] Users Groups [] Neighborhood Assoc. [] Local/State/Federal Government [] Legislature [] Other Marine Industries Association of Collier County Goodland Civic Association Parks and Recreation Advisory Board, Board of County Commissioners Known Public Opposition: (Name) [] Adjacent Land Owners [] Users Groups [] Neighborhood Assoc. [] Local/State/Federal Government [] Legislatar~ [] Other VH - PROJECT ENGINEERING AND CONSTRUCTION Who is or will be completing project design/engineering? [] Applicam Own Staff [] Consulting Engineers [] N/A (Materials or Equipment Purchase) [] Other: Level of engineering completed at time of application: [] None [] Conceptual (Master Plan Phase) [] Preliminary [] Final (Ready to Bid) Has a preliminary or final en~neefs cost estimate been developed for this project at time of application? [] Yes []No If yes, please atlach a copy of detailed engineers cost estimate to applicafio~ Preferred period of construction (based on user activity, weather and water level): [] Winter [] Spring [] Summer [] Fall [] Anytime of the Year Revised 01/2003 3 VHI - PROPOSED PROJECT COMPONENTS Note: See Procedure Guide for definitions, Check all that apply Replacemem Expansion New Engin~ring/Planning Recreational Chanuel Marking [] [] [] [] Public LaunchingFacility (Boat Ramp)[] [] [] [] Aquat~ Plant Con.ol [] [] [] [] Other Local Boating Related Activities: ~a~ding Dock [] [] [] [] Tra.sient Tie-.p [] [] [] [] Overmght Moorage [] [] [] [] Access Road [] [] [] [] Paved Pa~ing [] [] [] [] ~on-Paved Parking [] [] [] [] Cas, Sig. s, ~kmgs and Lighting [] [] [] [] Fixed Pier [] [] [] [] vessel Waste Facility [] [] [] [] Debris Deflection Boom [] [] [] [] D~d~.s [] [] [] [] playground, picnic area [] [] [] [] Other: n~,,~g do& ,,UUe~ ~a~g [] [] [] [] IIX - PROPERTY VALUE Size Acres: Appraisal Completed: [] Yes Assessed Value: $ []No Current Zoning: Revised 01/2003 4 X - PROJECT COST - SOFT (NON CASII) FUNDS Cost Item Project Typ~ Applicant Other* (List in Page-6; Do!iqot:Us~,c01dmn TOTAL Type IV $ $ . ,.: '/: $ In-idndEnginoering Typo IH $ $ ' ,: $ In-kind Labor Type HI $ $ .... .. In4cind Materials Type IV $ $ $ In-kind Equipment Typo IV $ $ $ In-kind Inspeotion Type I $ $ $ Type IV $ $ , · $ Total Soft Funds $ $ $ Revised 01/2003 5 1604 XI - PROJECT COST - HARD (CASH) FUNDS Cost Item Project Type I Applicant Other* (list Below) FBIP Grant TOTAL TypcI $ Property Value Type II $ $$~~ $ Type I~I $ $ Type IV Type I $ $ $ $ Type 1I $ Consultant Master Plan Type IH $ $ Type IV $13,850.00 $ $13,850.00 $ 27,700,00 TypeI $ $ $ $ Type II $ $ $ $ Consultant Engineering Type m Type IV $ 46,450.00 $ $ 46,4~0.00 $ 92,900.00 Type i $ $ Type II $ $ $ $ Consultant Inspection Type III $ $ $ $ Type IV $ ~a,?oo.oo $ $ ~a,?oo.oo $ 2~oo.oo Type I $ $ $ Type II $ $ $ $ Construction Type III $ $ ' $ $ ~ IV $ $ $ $ Type I $ $ $ $ Type ii $ $ $ $ Other: Type III $ $ $ $ Type ~V $ $ $ $ Total Hard Funds $ 755)00.00 $ $ 7~,000.00 $150,000.~0 TOTAL FUNDS $ 75,000.00 $ ; 75,000.00 ; 150,000.00 *Other Source of Funds (Status) [] State/Local I-ILoan [] Federal Grant Name(s): Agency (ms): Approval Status: [] Approved [] Pending []Intend to Apply, Date: R~viscd 01/2003 6 XII - PERMITS Note: Construction Projects Only. YES NO Has an application been submitted with the Florida Departmem of Environmemal Protection? [] [] U.S. Army Corps of Engineers [] [] Local and Others (If needed): [] [] XII- ENVIRONMENTAL ASSESSMENT ] YES NO 1. Will the project significantly or adversely affect the environment? I [] [] If Yes, please explain key issues and describe any mitigation actions proposed. Revised 01/2003 7 X II I - REQU IRED APPLICATION A'ITACItMENTS CHECK I JgT 1. An adopted Resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. 2. Bound?y map of the project area The map must provide a description and sketch of the project area boundaries, displaying known easements, and legally sufficient to identify the program area_ 3. Site control documentation (e.g. deed, lease, results of title march, etc ... ) for the project site. If the county is applying on behalf of a local body of government, then an inter-local agreement between the local body of government and the county must also be submitted. 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area. 5. Aerial Photographs marked with the approximate boundaries of the project site. 6. It' appl/cable, an S.Pxr! '~h~eop,/'(ptbjeer ~e ~d~t/my~ o/h~ )- fif zcartent I~0~,' No~h',Xmeiican"Datmn°8 3-n~e~ .... chart (provide the NOAA chart name and number) imlicating the precise location of the project site. NOAA charts may be obtained from: Distribution Branch (N/CG33), NOAA-National Ocean Service, 6501 Lafayette Avenue, Riverdale, Maryland 20737. 7. Photocopies of necessary project permit(s) or permit application(s). 8. Engineering Cost Estimate (ff completed). 9. Preliminary Design/Engineering Plans (ff completed). 10. Application transmittal cover letter (Identify priority rank with multiple applications). 11. One (1) original application. 12. Five (5) copies of the application. APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessmy requisite property interests to undertake the proposed activities. I also cerdfy that the Applicants governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequem project as well as to provide additional information as may be required. By signature below the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. (,~ r':, Z_ L ~ ,~ ~-- ) . day of /~?~ t ~ ,200fl--, Director of Parks and Recreation Title Date Notary Public Name: / ' My commission expires: ,.~'//~,2/C,d~ · NOTE: Instruction and fmther information regarding this application and the Florida Boating Impmvemem Program can be found in the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, FL 32399-1600. Telephone (850) 487-3755. Revised 0112003 Adopted resolution Boundary map Site control documentation Existing condition photographs Aerial photograph NOAA nautical chart (not applicable) Permits or permit applications (not applicable) E~ PROJECT: Dolphin Cove/Goodland FOLIO: 46372960201 2924999 OR: 2972 PG: 2967 OI/]O/ZOOZ at 03:tOPX DRIGIt? IL 8ROC][, CLIRK CONS 4588000.00 RBC PSI 15.00 DOC~.70 32116.00 COMBS ~.00 Retn: WARRANTY DEED RRAL PROPERTY IHTBR OF]'IC! THIS WARRANTY DEED is made this ~,\+~. day of ~-'[~t,.bO~P--"{ , 2002, by DOLPHIN COVE DEVELOPMENT OF GOODLAND, {NC., a Florida corporation, whose post office address is P.O. Box 158, Marco Island, Florida, 34146 (hereinafler referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami .Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include al{ the pa~ies to this instrument and their respective heirs, legal representatives, successors and assigns.) WIT~ESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the ~rantee, all that ceHa}n land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to real estate taxes for the current year and thereafter, easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TOGETHER with all rights or permits to build docks or rights to leases of submerged lands or leases to submerged lands that arise from, relate to, refer to or are connected in any way with Grantor's properly or plans to develop the property and ail other property rights arising from,' relating to or connected in any way with the. property and plans to develop the property. TO HAVE'AND TO HOLD the same in fee sim. pie forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witness: (Signature) Name: ~ ,,'~ ~~, ~---~.,(P.,r~ o r Typ~, ' V~it"n ~s ~: <Sign~.tu(e)/~/ DOLPHIN COVE DEVELOPMENT OF GOODLAND, INC., a Florida corporation Nicole Ginic, President P.O. Box 158 Marco Island, Florida 34146 Ti.liS CONVEYANCE ACCEFTED BY BOARD OF COUNTY CO~MZSSIO#EI~, COLLIER COUNTY, FLORIDA, PURSUAN.~T .T~ AGENDA, DATED: OR: 2972 PG: 2968 STATE OF COUNTY OF The foregoing Warranty Deed was acknowledged before me this ~/'l day of ~:~.-.,z'~, , 2002, by NICOLE GINIC, President, on be~phin~ Development of Goodland, Inc., a. Florida corporation, w~onally known to me or) who has produced as (affix notarial seal) ~g~ature of Notary Public) ~,f co~ms~ ~ ccg~s~ II (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any. My Commission Expires: A$stst'ant £ount.v ALLor.~.v *** OR: 2972 PG: 2969 *** · EXHIBIT "A" A parcel of land being a portion of Tract 1, as shown on but not a part of the Plat of Goodland Isles Second Addition, as recorded in Plat Book 8, Page 19, of the Public Records of Collier County, Florida, more particularly. described as follows: Beginning at the southeasterly comer of Lot 33, Block F of said Goodland Isles Second Addition; thence S 15° 1 l' 20" E 390.48 feet; thence S 72° 15' 1.9" E 128.00 feet; thence S 13° 50' 44" E 180.00 feet to the southerly boundary line of said Tract 1; thence 28.70 feet along the arc of a circular curve concave to the northwest, radius of 100.00 feet, chord bearing N 51° 23' 18" E 28.60 feet; thence N 43° 10' 00" E 250.00 feet; thence N 12° 20' 20" E 381.83 feet; thence 87.47 feet along the arc of a circular curve concave to the southwest, radki§ of 50.00 feet, chord bearing N 37° 46' 41.5" W 76.74 feet; thence N 87° 53' 43" W 66.88 feet; thence 162.41 feet along the arc of a circular curve concave to the southeast, ra~tius of 1365.08 feet, chord bearing S 88° 41' 47" W 162.31 feet; thence S 85° 17' 17" W 201.52 feet; thence N 18° 12' 43" W 87.42' feet to the southerly right-of-way line of Palm Avenue; thence S 85° 17' 17" W 10.28. feet; thence S 74° 49' 12" W 60.08 feet to the northeast comer of said Lot 33, Block F; thence S 18° 12' 43" E 96.75 feet to the southeast cbmer of said Lot 33, Block F and the Place of beginning. Parcel contains 5.22 acres, more or less. Bearings are based on those shown in Plat Book 8, Page 19 of the Public Records of Collier County, Florida. POLICY NUMBER 5]32- Owner's Policy of Title Insurance Fidelity National Title Insurance Company OF NEW YORK A Stock Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COV- ERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York 'corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated herein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding until Schedule A has been countersigned by either a duly authorized agent or representative of the Company and Schedule B has been attached hereto. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company of New York ATTEST FORM 5332 (819'4'} ALTA OWNER'S POliCY (10-17-92) P.t:prinu:d (5197) with Florida Modifications Fidelity National Title n~su~NcE c~L~YOWNER,S POLICY (10-17-92) (with Florida Modifications) Policy Number: 5332-16'8257 Date of Policy: January 30, 2002 @ 3:40 P.M. Office File Number: 02-TC-3808 (B-t2303) SCHEDULE A. Amount of Insurance: $4,588,000.00 Name of Insured: COLLrF. R COUNTY, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA The Estate or interest in the land which is covered by this policy is: FEE SIMPLE Title to the estate or interest in the land is vested in the named insured by instrument recorded in O.R. Book 2972, Page 2967, Public Records of Collier County, Florida. The land referred to in this policy is described as follows: See attached Exhibit "A" Countersigned: BY: A~utho~t~n~tory - Lesley Irvine First Title & Abstract, Inc. Colonial Square 1040 Goodlette Road, North Naples Florida 34102 Ph: (941) 262-6455 OPR-L1 Fidelity National Title INSURANCE C~[~I~t~ OWNER'S POLICY (10-17-92) (with Florida Modifications) Office File Number: 02-TC-3808 Policy Number: 5332-168257 SCHEDULE B. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which ar/se by reason of: 1. 10. 1604 The lien of all taxes for the year 2002, and thereafter although not yet due and payable until on or after November i, 2002. 2001 taxes were paid in the amount of $32,781.40. Folio~46372960201 Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (Deleted) Any encroachments, easements, measurements, variations in area or content, party walls or other facts which a correct survey of the premises would shown. Rights or claims of parties in possession. (Deleted) Easements or claims of easements not shown by the public records. Roads, ways, streams, if any, not shown by the public records, riparian rights and the title to any filled-in lands. Certificate of Approval for Establishment of Bulkhead Line as recorded in O.R. Book 206, Page 132, Public Records of Collier County, Florida. Agreement by and between The Collier Company and Goodland, Inc., as recorded in O.R. Book 213, Page 194, Public Records of Collier County, Florida. Right of Way Easement in favor of Lee County Electric Co-Operative, Inc., as recorded in O.R. Book 631, Page 505, Public Records of Collier County, Florida. Proprietary Deed of Conservation Easement as recorded in O.R. Book 2723, Page 2996, Public Records of Collier County, Florida. OPR-L1 OFidelity National Title INSURANCE COMPANY POLICY FORM SCHEDULE B CONTINUED Policy No. 5332-168257 File No. 02-TC-3808 11. Sovereignty Submerged Lands Lease by and between Dolphin Cove Development of Goodland, Inc., a Florida Corporation and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as recorded in O.R. Book 2749, Page 2900, Public Records of Collier County, Florida. '12. Plat of Goodland Isles as recorded in Plat Book 6, Page 7, Public Records of Collier County, Florida and Goodland Isles First Addition as recorded-in Plat Book 8, Page 1 and 2, Public Records of Collier County, Florida.. 13. 30 foot wide access easement as sefforth on Deeds recorded in O.R. Book 736, Page 1058; O.R. Book 823, Page 556; O.R. Book 940, Page 1945, as corrected in O.R. Book 1252, Page 760; Dedication of Easement as recorded in O.R. Book 1146, Page 1932; all of the Public Records of Collier County, Florida. 14. Ordinance No. 75-20, filed May 19, 1975 in O.R. Book 619, Page 1177 of the Public Records of Collier County, Florida, regulating the installation of any water distribution system and waste water collection system within a public right-of-way or easement. 15 Ordinance No. 75-21, filed May 19, 1975 in O.R. Book 619, Page 1182 of the Public Records of Collier County, Florida, protecting certain trees within Collier County. 16 Ordinance No. 75-24, filed May 19, 1975 in O.R. Book 619, Page 1191 of the Public Records of Collier County, Florida, regulating and restricting the creation, construction, alteration, etc. of buildings, locations, etc. 17 Resolution by the Board of County Commissioners Establishing the Immokalee Area Planning District and the Coastal Area Planning District as recorded in O.R. Book 649, Page 1239, Public Records of Collier County, Florida. 18 Collier County Ordinance No. 90-30 referred to as the "Collier County Mandatory Solid Waste Collection and Disposal Ordinance", as amended. 19 Riparian and Littoral Rights are not insured. 2O Title to the beds or bottoms of lakes, rivers or other bodies of water located on or within the property. OPR-L1 OFidelity National Title INsu~4c~ co~4P^~qY POLICY FORM SCHEDULE B CONTINUED Policy No. 5332-168257 File No. 02-TC-3808 21 22 23 The nature, extent, or existence of riparian fights, if any, appurtenant to the insured land are neither guaranteed nor insured, and the ripar/an rights of others as the same may affect the said land, are hereby excepted. Title to no portion of the insured land lying below the mean high water mark of any navigable water body is insured. Said land appears to be filled in land and is subject to the fights of the United States by reason of its control over navigation and commerce, especially in time of war for use for navigation purposes and also rights reserved to the United States in the permit under which the land was filled in. OPR-L1 Fidelity National INSURANCE COMPANY Title EXHIBIT "A" A parcel of land being a portion of Tract 1, as shown on but not a part of the plat of Goodland Isles Second Addition, as recorded in Plat Book 8, Page 19, of the Public Records of Collier County, Florida, more particularly described as follows: Beginning at the Southeasterly comer of Lot 33, Block F, of said Goodland Isles Second Addition; thence S 15°i1'20"E 390.48 feet; thence S 72° 15'19"E 128.00 feet; thence S 13°50' 44"E 180.00 feet to the southerly boundary line of said Tract 1; thence 28.70 feet along the arc of a circular curve concave to the northwest, radius of 100 feet; chord bearing N 51 o 23'18"E 28.60 feet; thence N 43° 10'00" E 250.00 feet; thence N 12° 20'20" E 381.83 feet; thence 87.47 feet along the arc of a circular curve concave to the southwest, radius of 50.00 feet, chord bearing N 37° 46' 41.5" W 76.74 feet; thence N 87° 53'43" W 66.88 feet; thence 162.41 feet along the arc of a circular curve concave to the southeast, radius of 1365.08 feet, chord bearing S 88° 41'47" W 162.31 feet; thence S 85° 17'17" W 201.52 feet; thence N 18° 12' 43" W 87.42 feet to the southerly right-of-way line of Palm Avenue; thence S 85 ° 17'17" W 10.28 feet; thence S 74° 49'12" W 60.08 feet to the northeast comer of said Lot 33, Block F; thence S 18° 12' 43" E 96.75 feet to the southeast comer of said Lot 33, Block F and place of beginning. OPR-L1 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or dama coszs,~or~s' fees or expenses which adse by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoninglaws, ordinances, or regulations) restricting, · re ulatin , rohibiting or relating to (i) the occupanc)( use, or enjoyment of the land; (ii) the character, dimensions or location of any 'e~ .... ~gA_p ........ ~. .... ~ ...... ~'~,~ ~,n the land' hii~ a seoaration n ownership or a change in the dimensions or, area of,t. he land or ..p[uv~.,~,,L,~.- ,,. ,,~.~.~,,¥- ~- ...... . ' ·, ~ · ' · orainances or any parcel of which the land ~s or was a part; or (iv) enwronmental protection, or the effec, t of any ,v. lolati.on o,f .the. se,. ~aws, _ governmental regulations, except to the extent that a notice of the enforcement thereof or a no[ice o~ a aeTec[, t~en or encumorance result ng from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) An governmental po ice power not excluded by (a)-above, except to the extent that a notice of the exercise thereof or a notice of a de'ct, lien or encumbrance resulting from a vio[at~on or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice'of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the dghts of a purchaser for value without knowledge. 3, Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company not recorded n the pub ic records at Date of Po[icy, but knoWn to the insured ctaimant and not disclosed in writing to the Company by the insured c aimant prior t© the date the nsured cia mant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim which adses out of the transaction vesting in the .insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' dghts law, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive know- ledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f'} "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a)(iv} of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSUP. J~NCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause toss or damage for which the Company may be liable by virtue of this policy, or (iii) if tttl¢ to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice, 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its own choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy, if the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option the name of the insured for this purpose. Whenever requested by the Company the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or effectlng settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters reouirino such c~oeeration :3. I~l',[f, JOI;: OF LO:SS OR OAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof o~ loss or damage signed and sworn tO by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- able times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a third party, which reasonably,pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or.tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Set'tie With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary toss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein deschbed. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this poli~ an~shoj~ b~l an express statement or by an endorsement attached to thi~ pol~ ~ ~ ~'a 9. LIMITATION OF UABILITY ,~., ',~ ......~ J' ~ (a) If the Company establishes the title, or removes the alleged de~"~rect, I~en or encumbrance, or cures the lack of a dght of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably dill.gent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. , (b) In the event of any litigation, including litigation by the Company or,with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior wdtten consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedute A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of toss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be su0rogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. {b) The Company's Rights Against Non-insured Obligors, The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subro- gation dghts by reason of this policy. 14. ARBITRATION Unless brohibited by applicable law. arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Com~3an? and the insured. Arbitrable matters may include, but are not limited to. any controversv or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy_ :}rovision or other obligation. Arbitration pursuant to this Dolicv and under the Rules in effect on the date the demand for arbitration is made or. at the option of the insured, the Rules in effect at Date of Policy_ shall be binding upon the bartles. The award may include afforneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees t0 a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any c~urt havinq Jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This poticy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which artSes out of the status of the titte to the estate or interest covered hereby or by any action assertir}g such claim, snail be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the Presi- dent, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16 4 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shalt remain in full force and effect. 17. NOTICES, WHERE SENT All nouces required to be given the Company and any statement in wrmng re- quired to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: 2 Park Avenue, New York, NY 10016 Views from the center of the project site looking north and east Views from the center of the project site looking south Views from the center of the project site looking west 16D~ Views of the project site from the water Aerial views of the project site, with Goodland, the Gulf of Mexico, and Marco Island in the background, respectively. 1604 ~roject site WATER 0 87.5 175 ~Feet 350 Not Applicable Not Applicable m "ri 1604 2: ~ -n .m m m m co ? r~ ~..