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Agenda 07/28/2009 Item #16D13Agenda Item No. 18O13 July 28, 2O0Q Page 1 of 21 EXECUTIVE SUMMARY Recommendation to authorize acceptance of the conveyance of a Sovereignty Submerged Lands Lease Renewal and Modification to Reflect Change in Ownership, Reflect Change in Description of Use, Reflect Change in Term, Increase and Reflect Correct Square Footage from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at a total cost not to exceed $146.00 for recording fees, Project No. 80611.1 To obtain approval from the Board of County Commissioners (Board) for the execution and acceptance of a Sovereignty Submerged Lands Lease Renewal (Lease) from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (T||TF) at the Gqod|and Boot Park facility in order to comply with Florida Department of Environmental Protection (FDEP) permit application No.: 11-0138865-005. On February 1U.2009.�e�m�of�mn�[ommios�n�mmp �e award of Contract # VS-51OD for the oonotnucUonof the Good|ond Boat Park Project #80611.11. The project is currently under construction and includes the construction of public boot nanmp, dock master facility, picnic pavi|ion, bait ohope, fishing piers, 28 vve\ o|ipa, accessory docha, and observation platforms. As part of the DEP permitting naquinannenb; for this project, a Submerged Lands Lease nanevvm| is required to be executed and recorded in accordance with the contractual Agreement with FDEP. The policies of TIITF and FDEP require that the Grantee (Board) approve, execute and accept the attached Lease oenevvo| as modified prior to execution by Grantor /T||TF\. T||TF and FDEP ' have approved the Lease inprinciple. This Lease will remain in effect until May 5. 2015. at which time the County may renew the Lease. FISCAL IMPACT: The associated coats 0o the County for this Lease shall not exceed $140.00 for recording fees. There is on initial annual lease fee for the expanded area (an additional 41.3O5 square feet) of$8.042.53 plus a25% surcharge. The annual fee for the remaining years of this Lease for the entire leased area /47.753 square feet) shall be adjusted pursuant to Rule 1B-21.O11. Florida Administrative Code. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. LEGAL CONSIDERATIONS: The Sovereignty Submerged Lands Lease renavvo| has been approved for form and legal sufficiency. This item is not quami judida|, and as auch, no ex-parte disclosure is required. This item requires majority vote only. — JBW That the Board of County Commissioners approvea, accepts and authorizes its Chairman 10 execute the attached Sovereignty Submerged Lands Lease renewal an nnodified, with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and directs the County Manager orhis designee to proceed to follow all appropriate closing procedures, and to record the Lease (in the Public Record when executed by TIIFT and approved by the County Attorney's C)ffice). PREPARED BY: Marlene J. MoLough|in, Property Acquisition Specialist, Rea| Property Management, Facilities Management Department Page 1 of 2 Agenda Item No. 16D13 July 28, 2009 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D13 Item Summary: Recommendation to authorize acceptance of the conveyance of a Sovereignty Submerged Lands Lease Renewal and Modification to Reflect Change in Ownership, Reflect Change in Description of Use, reflect Change in Term. Increase and Reflect Correct Square Footage from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at a total cost not to exceed $146.00 for recording fees, Project No. 80611 .1. Meeting Date: 7/28/2009 9:00:00 AM Prepared By Marlene McLaughlin Property Acquisition Specialist Date Administrative Services Real Estate Services 7/7/2009 3:11:04 PM Approved By Clinton Perryman Project Manager Date Public Services Coastal Zone Management 7/7/2009 4:04 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/812009 8:42 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 7/14/2009 3:55 PM Approved By Gary McAlpin Costal Project Manager Date Public Services Coastal Zone Management 7/15/2009 11:27 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 711512009 12:21 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 7/15/2009 1:43 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7115/2009 2:12 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7115/2009 2:43 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 7115/2009 5:04 PM Approved By file: / /C: \AgendaTest \Export \133- July %2028, %202009\ 16. %2000NSENT %20AGENDA\ 1... 7/22/2009 Susan Usher Senior Management /Budget Analyst Date Page 2 of 2 Agenda Item No. 16D13 July 28, 2009 Page 3 of 21 County Manager's Office Office of Management & Budget 7/20/2009 9:04 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Board of County County Manager's Office Commissioners Date 7f2012009 9:59 AM file: / /C:AAgendaTest \Export\ 133 -July %2028,% 202009 116. %2000NSENT %20AGENDA \1... 7/22/2009 Agenda Item No. 16D13 July 28, 2009 Page 4 of 21 This Instrument Prepared By: Rebecca Stallworth Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND MODIFICATION TO REFLECT CHANGE IN OWNERSHIP, REFLECT CHANGE IN DESCRIPTION OF USE, REFLECT CHANGE IN TERM, INCREASE AND REFLECT CORRECT SQUARE FOOTAGE No. 110028165 PA No. 11-0138665-005 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Collier County, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 19, Township 52 South, Range 27 East in Blue Hill Creek Collier County, containing 47,753 square feet, more or less, as is more particularly described and shown on Attachment A, dated May 12, 2008. TO HAVE THE USE OF the hereinabove described premises from October 15 2008, the effective date of this modified lease renewal, through May 5, 2015, the expiration date of this modified lease renewal. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 28 -slip docking facility with marginal and fixed docking, 2 fishing piers and a public boat ramp exclusively to be used for mooring of recreational vessels and I law enforcement vessel in conjunction with an upland dockmaster facility, picnic pavilion, parking lot and and boating par k, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or local authority, whichever entity applies the more stringent criteria, and without liveaboards as defined in paragraph 29, as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit No. 1 1-0138665-005, dated October 15, 2008, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this Lease. The construction of the proposed structures depicted on Pages 101013 of Attachment A of this modified lease renewal shall be completed no later than October 15, 2013. The failure to complete construction of such authorized structures within this time period shall constitute a material breach ofthe lease pursuant to Paragraph 13, herein. [011 Agenda Item No. 16D13 July 28, 2009 Page 5 of 21 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area (41,305 square feet) of $8.642.53, plus 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Statutes, if applicable. The Lessee further agrees to pay $253.52 for severance of sovereignty submerged material, upon receipt of an invoice. The annual fee for the remaining years of this lease for the entire lease area (47,753 square feet) shall be adjusted pursuant to provisions of Rule 18 -21.01 1, Florida Administrative Code, The State of Florida Department of Environmental Protection, Division of State Lands (the "Division ") will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division, as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION /SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18- 21.003(28), Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6 %) of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18- 21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter /user/holder that if the wet slip renter /user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent (6 %) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter /user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter /user/holder. 4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (12 %) per annum, calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes ofthis lease, the Lessor is hereby specifically authorized and empowered to examine, for the term ofthis lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire term ofthis lease plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi - family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter /tour boats, from loading /offloading commercial to rental of wet slips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. Page 2 of 17 Pages Sovereignty Submerged Lands Lease No. 110028165 Ii Agenda Item No. 16613 July 28, 2009 Page 6 of 21 i 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent ofthe Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION /INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. ~w 13. NOTICES /COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease maybe terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above - described parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Collier County, Florida 15000 Livingston Road Naples, Florida 34109 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 14. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Page 3 of 17 Pages Sovereignty Submerged Lands Lease No. 1 1002816.5 Agenda Item No. 16 3 July 28, 2$9 3 Page 7 o1 16. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 17. NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 18. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment B, which shall run with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 21. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary proceedings as provided by law. 23. RECORDATION OF LEASE. The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy ofthe recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. 24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within. 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination ofthis lease agreement at the option of the Lessor. Page 4 of 17 Pages Sovereignty Submerged Lands Lease No. 110028165 Agenda Item No. 1613 July 28, 2009 Page 8 of i,21 25. AMENDMENTS /MODIFICATIONS: This ]ease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee-may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 26. ADVERTISEMENT /SIGNS/NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water - dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and it violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease. 27. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 28. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 29. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve(] 2) month period, nor shall any such vessel constitute a legal or primary residence. 30. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assigttrnents thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 31. SPECIAL LEASE CONDITIONS: A. A minimum of ninety percent (90 %) of the wet slips at the docking facility shall be made available for rent to the general public on a "first come, first served" basis, as defined in subsection 18- 21.003(25), Florida Administrative Code, with no longer than one -year rental terms and with no automatic renewal rights or conditions. To help ensure compliance with and to assist in providing public awareness of this requirement, the Lessee shall erect permanent signs at the waterward entrance to the docking facility and at the upland entrance to the docking facility which are clearly visible to passing boaters and the general public. The signs shall contain language clearly indicating that no less than ninety percent (90 %) of the wet slips at the docking facility are available for rent to the general public. Any dockage rate sheet publications and dockage advertising for the docking facility shall clearly state that ninety percent (90 %) of the wet slips at the docking facility are open to the general public on a "first come, first served" basis. B. Any vessel moored at the docking facility, on either a temporary or permanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and swim platforms. Page 5 of 17 Pages Sovereignty Submerged Lands Lease No. 110028165 Agenda Item No, 16i 13 July 28, 2 09 Page 9 o 21 C. Within 30 days after the completion of construction of the docking facility, Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall be in accordance with the handout, "Permanent Manatee Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street — 6A, Tallahassee, Florida 32399 -1600 (Phone 850/9224330). Page 6 of 17 Pages Sovereignty Submerged Lands Lease No. 1 1 0028165 Agenda Item No. 16 13 July 28, 2 09 Page 10 o 21 WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Original Signature Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20_, by Jeffery M Gentry OMrations and Management Consultant Manager Bureau of Public Land Administration Division of State Lands State of Florida Department of Environmental Protection as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida DEP Attorney WITNESSES: 401 g Original Signature Typed/Printed Name of Witness —sign Original Signature Typed/Printed Name of Witness STATE OF COUNTY OF Printed, Typed or Stamped Name My Commission Expires: Commission/Serial Collier County. Florida (SEAL) By Its Board of County Commissioners BY: < H Sign Original Signature of Executing Authority Donna Fiala Typed/Printed Name of Executing Authority Chairman Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me this day of , 20_, by Donna Fiala as Chairman, for and on behalf of the Board of County Commisioners of Collier County, Florida. She is personally known to me or who has produced _ as identification. Sign My Commission Expires: li_e r e Signature of Notary Public Commission/Serial Page 7 of 17 Pages Sovereignty Submerged Land Lease No. 110028165 Notary Public, State of Printed, Typed or Stamped Name Approved as to torm & iegnl sutliclency, � > ' - - . —tea County Attorney w o m �w llaa11 Y r l O W = Z Zoo w° '-r tic Gw1O nao m �- O am Orn41 O I�OZw wy °aoWV o �m� ° °o oY n Z °o �mz a rnro aw�om as p >> O_ w mu Z,Z� ac°�u�a °z� v�Z wo °O� °Oi U�ZWT as °0 E-+ > o� N 0 5 J 0 w"2 a J 2va �w yr Zw C7 w< l,'J.rc R o Z Qi o N ^z �6 °a°p� oz r- a. �czia ��w��iwyzo vas �o�o ao cn Nxw�o wF moZ amz <>a< Cl: in °o I o <0 Q- =u ouM Mau Jw- -:j NMFa °M -Q r...+WzZ am in mo LL z3 mzO vwi u °mvr�oNZ�2 ^Wr; z'q �z ?o �nO1�¢ vss w�s w °�i mypzo °�a°m �oiJ W�c°�� i OF € wz j WZ d J¢ ?a Z m O =< m -vpi w'-'. � � °wF / 3� w .= - °V�a "'a v� �°� oo�Zwm n ¢ oz Jaav� o aw.� Fa X=,wr Z w v� o w 9W �a zwam� a-0 3wa�oaw oQ�o =a °wao� oa -X C/1 oo°mm o� ° °m i ao oa3�u¢� c`3'�oin °�zwS,_3 Gaza 'zrn�Omz �N inw w ¢_0�n �w a°¢��o ¢uoaZVowWU °vD< �Z¢ \\� �m rm ¢^'m V w za wwpw w T ZO mv1 �Y �Z o UU 1i 00O rOW r �_ °0 4 V=1 r OR f' �aravi�¢W��z oLLO zgZa�vmi ¢rmu >°¢ °¢r'-mw >'�o� > �o 0- awaa pw >uM a za <oS' °ay„az� ¢� o �'vw,O W¢ vr� r Zw° W N m5 �Jz3 �op OQ OU e da < j N a'-22 g O O WZ muo � w m i 6D13 July 28 2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 1 of'21 GOODLAND BOATING PARK SUBMERGED LAND LEASE, BLUE HILL CREEK A PARCEL LYING IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA DESCRIPTION: A PARCEL OF LAND BEING IN PART 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: COMMENCE AT THE SOUTHEASTERLY CORNER OF LOT 33, BLOCK F OF SAID GOODLAND ISLES SECOND ADDITION; THENCE SOUTH 15'12'24" EAST 390.48 FEET; THENCE SOUTH 72'16'23" EAST 128.00 FEET; THENCE SOUTH 13'51'48" EAST 160.00 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 NORTH 51'22'13" EAST 28.60 FEET TO THE POINT OF BEGINNING; THENCE NORTH 46'51'04" WEST 19.24 FEET; THENCE NORTH 42'01'04" EAST 24.89 FEET; THENCE NORTH 44'31'37" EAST 35.16 FEET; THENCE NORTH 40'35'53" EAST 73.31 FEET; THENCE NORTH 43'13'46" EAST 46.00 FEET; THENCE NORTH 35'10'37" EAST 60.98 FEET; THENCE NORTH 32'32'14" EAST 57.79 FEET; THENCE NORTH 02'41'10" EAST 56.49 FEET; THENCE NORTH 06'34'03" EAST 73.74 FEET; THENCE NORTH 10'32'53` EAST 63.79 FEET; THENCE NORTH 21'01'38" EAST 37.17 FEET; THENCE NORTH 11'24'00" EAST 80.57 FEET; THENCE NORTH 07'05'40" WEST 36.09 FEET; THENCE NORTH 09'53'29" EAST 27.21 FEET; THENCE SOUTH 87'54'47" EAST 27.28 FEET; THENCE SOUTH 21'30'32" EAST 37.53 FEET; THENCE SOUTH 07'02'01" EAST 35.15 FEET; THENCE SOUTH 07'49'02" WEST 152.96 FEET; THENCE SOUTH 77'40'44" EAST 5.20 FEET; THENCE SOUTH 12'19'16" WEST 54.47 FEET; THENCE SOUTH 77'40'44" EAST 25.00 FEET; THENCE SOUTH 12'19'16" WEST 219.52 FEET; THENCE SOUTH 54'36'04" WEST 88.09 FEET; THENCE NORTH 35'24'16" WEST 18.63 FEET; THENCE SOUTH 71'13'35" WEST 15.69 FEET; THENCE SOUTH 43'08'56" WEST 142.44 FEET; THENCE NORTH 46'51'04" WEST 38.00 FEET TO THE SAID POINT OF BEGINNING: PARCEL CONTAINS 47,752.69 SQUARE FEET OR 1.10 ACRES, MORE OR LESS ENGINEERING Attachment A Page 9 of 17 Pages SSLL No. 110028165 2350 STANFORD COURT I SPECIFIC PURPOSE SURVEY NAPLES, FLORIDA 34112 1 SOVEREIGN SUBMERGED LANDS LEASE PHONE 1239) 434 -0046 FAX (239) 434 -9320 E.B. #642 do L.B. #642 OATS PROJECT NO. FILE N0. SCALE SHEET 5/2008 20066216 19 -52 -27 NO SCALE 6 OF 7 l Ag nda (� ` i �L,O,T IA I Ece�araBLLJI. *. D n i eJm N 2 . uly v A P�� Pag 1 u w (PLAT B. AGES i AND 2) YENOS L2 — � NTa AB OBE 60 ap�gy�g� TsrA�� NON- 5OVEREIGN UPLAND No E an s s s° xDa caw 1 �, 6LVAiWN . w+r b`�G @TyT? dlFAFDTTK@TQ EXCAVATED CANAL esxa w er tN9m aKrlm w —T 6, (PLAT BOON & PACE 19) °F °000Li1Xp AOtl ' tm 98 ? U, r? D1°O 11 �i , C1 5875447 "E POINT OP i ,DATE 10516'13 -E 201.52' — AMENCEM!NT �' _ _ _ _ _- Sol 73'53'w _ f 1 — 27.67— l9uxo In PY \ � PROPOSED DOCKS aA9 � iRio 1 Ory�,yO - W ACCESS EAS —T _ tElvOnrKV ¢ecTwe 1 M[R Pax l APPR0X9 AIE I.w CDIITOUR 4 MEAN 19011 REFERRED To lYi D GOODLAND �1 BOATING PARK o ,1 PROPOSED S OWNED BY THE COWER COUNTY To CENTER OF BOARD OF COUNTY COMM155IONER5) 3 SLUE HILL CREEK 1 / 128. pp't -f 100' SCALE IN FEET \ / / � oA uu, Pvac •1w NOTE: LINEAR FOOTAGE OF SHORELINE ADJOINING SOVEREIGN SUBMERGED LANDS IS 673 FEET. LEGEND: s))r DETAllS R/W - RIGHT -OF -WAY ' NUYaxs IENCm rronl O = FOUND IRON PIN I2-xs 2s 15 0 = FOUND CONCRETE MONUMENT HD1E:25P N0. D RESERV'FD ISR O; a FOUND RAILROAD SPIKE uw DvalcEnaT vEESR ® I 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE (239) 434 -0046 ENGINEERING EF6xB6422 & L.B. 434-9320 #542 Attachment A Page 10 of 17 Pages SSLL No. 110028165 I�I� e` n`y V%GIOSED PROPOSED .Y BOAT RAMP 5UBMERGED LAND j LEASE BOUNDARY / qtr SEE DETAIL5 PROPOSED �. 5HEEF5 3, 4 AND 5 j DOCKS G J�' 0 4 POINT OP 0 BEGINNING LOCATED AT GOODLAND ISLES ON BLUE KILL CREEK SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE DATE PROJECT N0. I Flif N0. SCAIE SHEET 5/2006 20066216 19 -52 -27 OF 7 6 13 2 09 o 21 .�i E EXISTING SUBMERGED o i i S SHONN HEREON) J D PROPOSED NOTE: LINEAR FOOTAGE OF SHORELINE ADJOINING SOVEREIGN SUBMERGED LANDS IS 673 FEET. LEGEND: s))r DETAllS R/W - RIGHT -OF -WAY ' NUYaxs IENCm rronl O = FOUND IRON PIN I2-xs 2s 15 0 = FOUND CONCRETE MONUMENT HD1E:25P N0. D RESERV'FD ISR O; a FOUND RAILROAD SPIKE uw DvalcEnaT vEESR ® I 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE (239) 434 -0046 ENGINEERING EF6xB6422 & L.B. 434-9320 #542 Attachment A Page 10 of 17 Pages SSLL No. 110028165 I�I� e` n`y V%GIOSED PROPOSED .Y BOAT RAMP 5UBMERGED LAND j LEASE BOUNDARY / qtr SEE DETAIL5 PROPOSED �. 5HEEF5 3, 4 AND 5 j DOCKS G J�' 0 4 POINT OP 0 BEGINNING LOCATED AT GOODLAND ISLES ON BLUE KILL CREEK SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE DATE PROJECT N0. I Flif N0. SCAIE SHEET 5/2006 20066216 19 -52 -27 OF 7 6 13 2 09 o 21 Attachment A Page 10 of 17 Pages SSLL No. 110028165 I�I� e` n`y V%GIOSED PROPOSED .Y BOAT RAMP 5UBMERGED LAND j LEASE BOUNDARY / qtr SEE DETAIL5 PROPOSED �. 5HEEF5 3, 4 AND 5 j DOCKS G J�' 0 4 POINT OP 0 BEGINNING LOCATED AT GOODLAND ISLES ON BLUE KILL CREEK SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE DATE PROJECT N0. I Flif N0. SCAIE SHEET 5/2006 20066216 19 -52 -27 OF 7 6 13 2 09 o 21 LIMITS OF MANGROVES Jul 281r, C GOO' QPByel1 (APPROXIMATE LOCATIONS OBTAINED N`a o BOATING PARK FROM AERIAL PHOTOGRAPHY) 19.24' / Y G ,s PROPOSED o' DOCKS (OWNED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS) U'- N' OA�' v ` J tg 0. APPROXIMATE 1.88' CONTOUR�m ? "9 MEAN HIGH WATER LINE " °' REFERRED TO IN R °.. `} •Ni O.R. 2749, PAGE 2908 p`0, �� * N ^ Z1 010 Z°a FOUND 5/8" PIN C) AND CAP STAMPED p s. =r \ °WIT ' o zo' ao' LEGEND: , CDR LB 5770" $ h 5 �o N PROPOSED �• .-!A -BOAT RAMP .� PROPOSED DOCKS �. �6� FENCE ON BLUE HILL CREEK m � ? 5 o � y COLLIER COUNTY, FLORIDA 2350 STANFORD COURT NAPLES, FLORIDA 34112 ;? S71'1 35"W PHONE (239) 434 -0046 LEASE 51� as S 15.69' DATE 1PRO&ECT 1,10.__j 1FO tx� SCALE N35'24'16 "W 5/2008 18.63' 1 19 -52 -27 Attachment A Page 11 of 17 Pages SSLL No. 110028165 D13 1009 If 21 N46'51'04 "W e> 19.24' / Y G ,s PROPOSED o' DOCKS �g6U ADO OA�' ` J POINT OF 1 '0I BEGIN�IIr\Ir_ EXISTING WOOD DOCK 7- Z1 ml 1 1 o zo' ao' LEGEND: , SCALE k0•p0 = SPOT ELEVATION LOCATED AT GOODLAND ISLES X = CHAINLINK FENCE ON BLUE HILL CREEK � = CONCRETE SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA 2350 STANFORD COURT NAPLES, FLORIDA 34112 SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS PHONE (239) 434 -0046 LEASE E N G I N E E R I N G FAX E-13. K642 642 434 -4320 E. & LR. 1y642 DATE 1PRO&ECT 1,10.__j FILE N0. SCALE SHEET 5/2008 20066216 1 19 -52 -27 1" a 40' 3 OF 7 Attachment A Page 11 of 17 Pages SSLL No. 110028165 D13 1009 If 21 APPROXIMATE 1.88' CONTOUR MEAN HIGH WATER LINE ti1ATCIy' REFERRED TO IN O.R. 2749, PAGE 2908 � rn N n 00 2 2 L2• GOODLAND z6.I BOATING PAU, W OWNED BY THE COLLIER COUNTY 3 BOARD OF COUNTY C0MMi551ONEK5) n q 1n Y �1 38. LIMITS OF MANGROVES (APPROXIMATE LOCATIONS o b OBTAINED FROM AERIAL O ° v PHOTOGRAPHY) ? o N to FOUND 5/8" PIN AND CAP STAMPED ''1a "W &A LB 5770" a s. PROPOSED - BOAT RAMP Mp- • 4� 2350 STANFORD COURT NAPLES, FLORIDA 34112 OUT ENGINEERING PHONE (239) 434 -0046 FAX LEI 6229) &4LE.#4 # 2 Attachment A Page 12 of 17 Pages SSLL No. 110028165 • N I I 6D13 160, 3 July 28, 2009 B o Zo Page 15 of 21 v� 0 V) D, S77.4O'44 "E 5.20' I6.0' PROPOSED DOCKS 76.0. 3 N a� 6 ^ TO CENTER OF ~ BLUE HILL CREEK 25 �rvl EXISTING SUBMERGED LAND LEASE AREA (O.R. 2749, PG. 2908) (TO BE MODIFIED TO LEASE BOUNDARY SHOWN HEREON) N t 0 ° PROPOSED h / DOCKS Y t /51 0. b �.J S SCALE IN FEET �t6.T LEGEND: <0 X = CHAINLINK FENCE \� = CONCRETE 9 $O LOCATED AT GOODLAND ISLES ON SLUE HILL CREEK SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS LEASE DATE PROXCT NO, FILE NO. SCALE SHEET 5/2008 20066216 19 -52 -27 1" a 40' 4 OF 7 u u -�i D13 July 28,2009 Page 16 of 21 NON - SOVEREIGN UPLAND EXCAVATED CANAL 587.54'47 "E 27.28' EXISTING LIMIT OF DOCKS SOVEREIGN SUBMERGED S87.54'47 "E 1. PROPOSED LANDS DOCKS — Cb 5 1 a g$, � TVA d � 16 60 5� FOUND 5/8" PIN ° o o LA w Lnn 2.3' AND CAP STAMPED f "W o 1 N N &A LB 5770" za.z' o � 1 rri r\ EXISTING DOCKS FOUND 5/B" PIN .F AND CAP STAMPED "W &A LB 5770 "\ GOODLAND BOATING PARK i °' BLUE OWNED BY THE COLLIER COUNTY m HILL BOARD OF COUNTY COMM155IONEK5) �u t C CREEK LIMITS OF MANGROVES in (APPROXIMATE LOCATIONS ^ OBTAINED ` ^ v FROM AERIAL N _4 2 PHOTOGRAPHY) LO ; 1n \ MA rGY D1 ,� APPROXIMATE 1.68' CONTOUR Nj 4p, S77'40'44 "E MEAN HIGH WATER LINE `O o _�� 5.20 p 20' REFERRED TO IN ,� 2 40' 6. p•^ 749, PAGE 2908 "7 z7,z• SCALE IN FEET - PROPOSED 160• DOCKS Y b' i NOTE: LOCATIONS OF EXISTING R z6.1 STRUCTURES WITHIN THE NON- SOVEREIGN UPLAND EXCAVATED CANAL ARE OBTAINED FROM AERIAL PHOTOGRAPHIC INTERPRETATION LEGEND: AND ARE APPROXIMATE. -� LOCATED AT GOODLAND ISLES -- ---- = cHAwuNK FENCE ON BLUE HILL CREEK = CONCRETE - SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA 2350 STANFORD COURT NAPLES, FLORIDA 34112 SPECIFIC PURPOSE SURVEY SOVEREIGN SUBMERGED LANDS PHONE (239) 434 -0046 LEASE FAX g)& 9 ENGINEERING GATE E.B. 64 # 2 . . LB 6 #642 PROJECT NO. FILE N0. SCALE SHEET 5/2008 20066216 19 -52 -27 1" - 40' 5 OF 7 Attachment A Page 13 of 17 Pages SSLL No. 110028165 l t GOODLAN D BOATING PARK 1 (OWNED DY THE COLLIER COUNTY 1 BOARD OF COUNTY COMMI551ONER5) 1 1 1 APPROXIMATE 1.86' CONTOUR 1 MEAN HIGH WATER LINE REFERRED TO IN O.R. 2749, PACE 2906 1 1 _�D11 July 28, 2009 Page 17 of 21 •i EXISTING SUBMERGED LAND "! LEASE AREA {% (O.R. 2749, PC. 2908) (TO BE MODIFIED TO LEASE BOUNDARY SHOWN HEREON) 1 •.' PROPOSED y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� 50' Too' Too' NO RIPARIAN LINE WAS SHOWN AT THE NORTH END OF THE LEASE AREA BECAUSE IT ADJOINS NON- SOVEREIGN SUBMERGED LANDS OF AN UPLAND EXCAVATED ARTIFICIAL CANAL. SCALE IN FEET LOCATED AT GOODLAND ISLES ON BLUE HILL CREEK SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST COLLIER CCUNTY, FLORIDA 2350 STANFORD C SPECIFIC PURPOSE SURVEY NAPLES, FLORIDA -4112 4112 ONE (239) 434 -0046 SOVEREIGN SUBMERGED LANDS LEASE PH E N G I N E E R I N G FAX 434.9320 E.B. $642 642 do L.B. x642 DATE PROJECT N0. FILE N0. SCALE SHEET 5/2008 20066216 19 -52 -27 1" — 100' 7 OF 7 Attachment A Page 14 of 17 Pages SS LL No. 110028165 2924999 OR: 292 'W.d279 duly 283 2009 PROJECT: Dolphin Cove/Goodland IlCoull t1 011ICIILL IIC0191 of C011I11 Cpwp%e 18 of 21 FOLIO: 46372960201 0113012112 at 13:1111 D ROR 2. II0C9, CUU 0011 1511011.0 IIC nl 15.11 DOC -.?$ 31111.10 CDn11 3.11 lito: WARRANTY DEED U" 1101/1rt 1127 1111 IRD 01110 THIS WARRANTY DEED is made this A ±} day of , ►1L)Qg�_, 2002, by DOLPHIN COVE DEVELOPMENT OF G OODLAND, INC., a Florida corporation, whose post office address Is P.O. Box 158, Marco Island, Florida, 34146 (hereinafter 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 all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($70.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" Subject to real Cs for the ent , acti easemons, and TOGETHER with belonging or In anywise herein by reference. iar and thereafter, i of record. a E re appurtenances thereto TOGETHER with all �h or permits to' b Ftoldevelop, ks or rights to leases of submerged lands or leases t GA ed lands tt�a m, relate to, refer to or are connected in any way with Gra i'�pt the property and all other property rights arising from, retail tM&ne"coted in any way with the property and plans to develop the property. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witness: (SiDrtaIur9) Name: lJ 1 ----,A?AM or Typ Attachment B Page 15 of 17 Pages SSLL No. 110028165 DOLPHIN COVE DEVELOPMENT OF GOODLAND, INC., a Florida corporation _ BY: Nicole Ginic, President P.O. Box 158 Marco Island, Florida 34146 THIS CONV[YAKE ACCO T o aT THE $"Ito OF Cowry ra I Issrowas. COLLIER COAM. FLORIDA, DA Ds ?tlq No. j T9 I DATE � Pt Ds � s.n t Agenda Item No. 16D13 OR; 2912 PG; 2968 July 28, 2009 Page 19 of 21 STATE OF )j—'1.. COUNTY OF cL' r= The foregoing Warranty Deed was acknowledged before me this I— day of �� y 2002, by NICOLE GINIC, President, on behalf of.._ ove Development of Goodland, Inc., a Florida corporation, who is pbSorially known to me o who has produced as Identificati!).__ . (affix notarial seal) p I PWW W 01 fin„ rrr rw. +.-*" Attachment B Page 16 of 17 Pages SSLL No. 110028165 (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any My Commission Expires: Appro a as of i egal sufficiency R COU� sslstant county ai�„i,,,; 0 ti�1E -- - CIE CARL Agenda Item No. 16D13 OR; 2972 PG; 2969 Utj 28, 2009 Page 20 of 21 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 corner of Lot 33, Block F of said Goodland Isles Second Addition; thence S 15° 1 P 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 100.00 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, radius of 50.00 feet, chord bearing N 37' 46' 41.5" W 76.74 feet; thence N 87' " W 66.88 feet; thence 162.41 feet along the arc of a circular c outheast, radius of 1365.08 feet, chord bearing S 8 162. a hence S 85' 17' 17" W 201.52 feet; thence N 43" W 87.42 feet t southerly right -of -way line of Palm Avenue th c W 10. 8 eet; thence S 74° 49' 12" W 60.08 feet to th t 3 , Block F; thence S 18. 12' 43" E 96.75 fcc t th s u t d of 33, Block F and the Place of beginni 9 Parcel contains 5.22 as more or leas. p C� Bearings are based on th t wa.in_Ela 8, Page 19 of the Public Records of Collier County, F . CW, Attachment B Page 17 of 17 Pages SSLL No. 110028165 Agenda Item No. 16D13 July 28, 2009 Page 21 of 21 Property of the future Goodland Boat Park Folio No.: 46372960201 5.17 acres