Loading...
Agenda 10/27/2009 Item #16B 4Agenda Item No. 1684 October 27, 2009 Page 1 of 202 EXECUTIVE SUMMARY Recommendation to approve a Third Amendment to the October 14, 2003, Companion Agreement to the October 22, 2002, Sabal Bay Development Contribution Agreement for Road Impact Fee Credits providing for a change in land conveyance means for portions of the Lely Area Stormwater Improvement Project (Project No. 51101). OBJECTIVE: Obtain Board of County Commissioners approval of a Third Amendment to the October 14, 2003, Companion Agreement to the October 22, 2002, Sabal Bay Development Contribution Agreement, allowing for real property conveyance to the County via easement rather than fee simple deed; which real property is necessary to complete construction of The Lely Area Stormwater Improvement Project ( "LASIP ") within the Sabal Bay Development ( "Sabal Bay "). CONSIDERATIONS: On October 22, 2002, Collier Land Development, Inc. and Collier Development Corporation (CDC) entered into a Standard Form Developer Contribution Agreement for Road Impact Fee Credits with Collier County. On October 14, 2003, the Collier County Board of County Commissioners approved a companion agreement to the Developer Contribution Agreement (Item JOB) supplementing the original agreement by providing for proportionate fair share land and construction costs determination associated with completion of portions of the Lely Area Stormwater Improvement Project (LASIP). On March 27, 2007, the Collier County Board of County Commissioners approved the first amendment to the companion agreement (Item IOG) providing for acceptance of: 1. A land valuation appraisal report of real property necessary to construct LASIP components located within the Saba] Bay; 2. A calculation of proportionate share basis for reimbursement of the actual construction cost of LASIP components located within Sabal Bay; and 3. A project construction budget for the LASIP Lely Main Canal. Construction of the Lely Main Canal is completed. Construction of the Lely Manor Canal is planned for early 2010. Current efforts include final design, permitting and easement acquisition. By amending the agreement to require CDC to convey the designated real property by easement rather than fee simple, which conveyance is necessary to finish the construction of the LASIP project and perform future maintenance, the county will realize an estimated cost savings of $33,000. FISCAL IMPACT: This amendment changes the conveyance of land for the Lely Manor Canal from fee simple deed to easement, resulting in an estimated savings to Collier County of ,..•. $33,000. Per the original Companion Agreement reimbursement for the easements will occur within three (3) years of conveyance. Agenda Item No. 1684 October 27, 2009 Page 2 of 202 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is a legally sufficient for Board action. —SRT GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater Improvement Project is listed as CIE Project No. 291 and is in accordance with the intents of the Drainage Sub - element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Authorize the Chairman to sign the amendment for the Board. Prepared By: Shane Cox, P.E., Road Maintenance Department / Stormwater Management Section Attachments: (1) Developer Contribution Agreement; (2) Companion Agreement; (3) First Amendment 'to the Companion Agreement; (4) Second Amendment to the Companion Agreement; (4) Third Amendment to the Companion Agreement; (5) page 2 of the 3rd Amendment, highlighting changes for clarification 2 Page 1 of 2 Agenda Item No. 1684 October 27, 2009 Page 3 of 202 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16134 Item Summary: Recommendation to approve a Third Amendment to the October 14, 2003, Companion Agreement to the October 22, 2002, Sabal Bay Development Contribution Agreement for Road Impact Fee Credits providing for a change in land conveyance means for portions of the Lely Area Stormwater Improvement Project (Project No. 51101). Meeting Date: 10/27/2009 9:00:00 AM Prepared By R. Shane Cox, P.E. Senior Project Manager Date Transportation Services Stormwater Management 10/9/2009 3:27:28 PM Approved By Caroline Soto Administrative Assistant Date Transportation Engineering and Transportation Services Construction 101912009 4:55 PM Approved By Scott R. Teach Assistant County Attorney Date - County Attorney County Attorney Office 1011212009 11:39 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1011312009 4:20 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/14/2009 9:17 AM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 10114/2009 12:05 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10114/2009 1:37 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/14/2009 1:52 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 10/1412009 3:21 PM file: / /C: \AgendaTest \Export \137-October 27,2009\16. CONSENT AGENDA \16B. TRAN... 10/21/2009 Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Page 2 of 2 Agenda Item No. 16B4 October 27, 2009 Page 4 of 202 Date 10/1612009 4:09 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 10/1612009 7:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10119/2009 9:11 AM file: / /C:\AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA\16B. TRAN... 10/21/2009 �o �o m� .d. aq C4 U2 V_ M 1--a C.) w oa o 04 V un E- M o nZ U Y. C C P�7 Pq � cam,, w n � ao t a �x Lf? ss. AN 4 v� CY N U o KC G_1 0 m x H c� �w Agenda Item No. 1684 October 27, 2009 Page 5 of 202 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS No.20024WTR- Collier Development Corboration THIS CONTRIBUTION AGREEMENT is made and entered into this 2 2 of 01ID-B E& 2002, by and between COLLIER LAND DEVELOPMENT, INC., a Florida corporation (hereinafter referred to as "Developer "), COLLIER DEVELOPMENT CORPORATION, a Florida corporation (hereinafter referred to as "CDC "), which, along with their successors and assigns, may be jointly referred to as "CDC/Developer by and through Jeffrey M. Birr, Vice President, who has been duly authorized to execute this Contribution Agreement for Road Impact fee Credits on behalf of CDC and Developer and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off -site improvements and Iand donations to the County's transportation network and storm water system; and WHEREAS, CDC and its successors and assigns own approximately 2,416 acres of real property located in unincorporated Collier County, Florida, which is the site of CDC Planned Unit Development (PUD), which is also known as CDC Development of Regional Impact (DRI)/Development Order (DO), both of which were approved by County on November 10, 1986; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in the CDC DRI Development Order 86 -2 and PUD Ordinance 86 -77 in Exhibit "A" (hereinafter referred to as "The Development ") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, there are roadway, traffic management, and drainage improvements (hereinafter referred to as the "Realignment Project ") to align the Rattlesnake Hammock Road/Thomasson Drive/U.S. 41 intersections, including the extension of Rattlesnake Hammock Road onto CDC's land south of the intersection of U.S. 41 and Thomasson Drive described herein as Exhibit "A -2 "; and WHEREAS, there are drainage and storm water improvements pertaining to the Lely Canal, the Lely -Manor Canal, the By -Pass Canal, that were initially agreed upon by CDC in the CDC DRI Development Order 86 -2 and PUD Ordinance 86 -77 that need to be implemented by CDC/Developer; and WHEREAS, Developer owns approximately 72 acres of land south of Thomasson Drive at its intersection with U.S. 41 on which the Project will be located, which 72 acres is Iocated within the approximately 83 acre site, (Exhibit "A -2 "), that is the subject of a Preliminary OR; 3138 PG; 2358 Development Agreement ( "PDA ") entered into by and between CDC and the State Department of Community Affairs (hereinafter "DCA "), effective January 7, 2002, as amended and all of said land is pail of the larger 2,416 acre deve'opment project [Exhibit "A- I "] owned by CDC, and its successors and assigns, known as CDC DRI /PUD; z nd WHEREAS, the Realignment Project will implement an element of the Collier County 2025 Lang -Range Transportation Plan Update prepared by Wilson Miller by significantly improving an intersection realignment specifically included in the 2025 Needs'Assessment; and WHEREAS, the Collier County Consolidated Impact Fee Ordinance provides for impact fee credits for road right of way that has been identified in the Needs Plan; and WHEREAS, County approved CDC DRUPUD by adopting DRI Development Order 86 -2 and PUD Ordinance 86 -77 on November 10, 1986, which authorized development of residential, retail, office, recreational and other uses within CDC DRUPUD, including land located in the southwest quadrant of the intersection of Thomasson Drive and U.S. 41 [see Exhibit "A -2 ") and the aforementioned Lely Project for drainage and storm water improvements; and WHEREAS, the CDC PUD approval contained in Collier County Ordinance 86 -77 required CDC /Developer to make certain dedications of land and non - exclusive easements to County for road right -of -way and storm water improvements and on which portions of bosh the Lely Project and the Realignment Project will be constructed by CDC/Developer; and WHEREAS, a Composite Exhibit "B" is attached to this Agreement consisting of the following items: (1) a sketch depicting the Donated Land for the Realignment Project, including land over which a non - exclusive drainage and maintenance easement is to be granted to County; including the legal description of land for Phase 1 of Rattlesnake Hammock Road extension and a legal description of land for Phase 2 of Rattlesnake Hammock Road extension; (2) a sketch and a legal description of the land for Xeric Lane; (3) a sketch and a legal description of 0.84 acre temporary non - exclusive drainage easement shown on the sketch of the Land donated for the Realignment Project; and (4) a sketch and a legal description of 12.92 acre temporary non- exclusive drainage easement shown on the sketch of the land dedicated for the Realignment Project; (5) a sketch of the property to be dedicated to the County for the Lely Project (6) a Memorandum of Understanding of the County's requirements for CDC/Developer regarding the Lely Project; and WHEREAS, CDC/ Developer indicated it would be responsible for the design, permitting and construction of certain roadway, drainage and storm water improvements previously mentioned herein and as set forth Collier County Ordinance 86 -77; and WHEREAS, Collier County approved the CDC PUD and DRUDO on November 10, 1986 and whereas CDC/Developer is making dedications of land specified in Composite Exhibit "B" as set forth in PUD Ordinance 86 -77 and DRUDO Ordinance 86 -2 any? CDC /Developer acknowledges that pursuant to said PUD and DRUDO approval CDC/Developer was not to receive Road Impact Fee Credits (hereinafter "RIFC ") for the on -site value of donated land and roadway construction costs described in Composite Exhibit "B" for the Realignment Project; but 2 OR: 3138 PG: 2359 was to be given a credit for certain portions of the storm water and drainage improvements in the Lely Project in excess of its fair share; and WHEREAS, CDC and the DCA entered into a Preliminary Development Agreement, ["PDA"] which became effective in 2002 and anticipated that CDC would file an ADA for the revised CDC DRUDO (Exhibit A -21 and WHEREAS, CDC /Developer and County acknowledge and agree that the PDA required CDC/Developer, by October 4, 2002 to prepare an Application for Development Approval ( "ADA "), including a revised Project master plan for CDC DRI, which constituted a "substantial deviation" to be reviewed by County pursuant to the procedures and requirements for DRIs contained in Section 380.06, Florida Statutes, and said substantial deviation ADA would include all proposed development within CDC PUD/DRI, including the approximately 83 acres of land subject to the PDA effective January 7, 2002, as amended, on which the Project is located; and WHEREAS, County and CDC/Developer acknowledge and agree that the required substantial deviation ADA, and application to County for a revised PUD master plan and PUD document for CDC PUD /DRI, would require CDC /Developer to submit a new transportation analysis and report addressing the Project's traffic Impacts on the roadway system, and; WHEREAS, CDC /Developer acknowledges that pursuant to correspondence sent to the Southwest Florida Regional Planning Council dated August 14, 2002, CDC /Developer intends to abandon the CDC DRUDO issued in 1986 and pursue a new and revised PUD and the County, by entering into this Agreement does not waive any procedural or substantive requirements for the issuance of a new or amended PUD or DRI; and WHEREAS, County is of the opinion that pursuant to the PDA, CDC/Developer was to obtain approval from the Florida Department of Community Affairs (hereinafter "DCA ") for permission to delete the requirement from the PDA for an ADA by October 4, 2002 in order to submit and prepare an application for a new and revised CDC PUD for County approval, including a revised Project master plan, which will be reviewed by County pursuant to the procedures and requirements for a PUD as contained in County's Land Development Code and said application for PUD will include all proposed development identified within the 1986 CDC PUD, including the approximately 83 acres of land subject to the PDA, as amended, on which the Project is located; and WHEREAS, CDC/Developer has recently applied for an amendment to the 1986 PUD, requesting a deletion of acreage donated to a party other than Collier County and said application is pending; and WHEREAS, County and CDC/Developer acknowledge and agree that the application to County for a revised PUD master plan and PUD document of CDC PUD, will require CDC/Developer to submit a new transportation analysis and report addressing the Project's traffic impacts on the roadway system and also storm water improvements previously identified in the Memorandum attached; and 3 OP,: 3138 PG: 2360 WHEREAS, County and CDC /Developer further agree that the future CDC PUD issued by County shall recognize prior contributions and dedications made by CDC /Developer; and WHEREAS, the County and CDC/Developer agree and acknowledge that the CDC/Developer's satisfactory completion of the Realignment Project, guaranteed by a bond, including any or all portions thereof, shall entitle CDC/Developer or its assigns, to a sum equal to the costs advanced by CDC/Developer and the cash reimbursements will be used to prepay anticipated building permits in the itemized amounts for each eligible completed portion of construction stated in Composite Exhibit "B "; and - WHEREAS, County and CDC/Developer shalt enter into a Companion Agreement setting forth the terms and reimbursement methodology for the Lely Project as set forth in the Memorandum of Understanding attached hereto by the County in Composite Exhibit "B "; and WHEREAS, the County finds the plan of dedication in fee for the Donated or Conveyed Land described in Composite Exhibit "B" is in conformity with contemplated improvements and additions to the transportation network as described in the Collier County Long -Range Transportation Plan and to the storm water management plan of the County; and WHEREAS, the parties to this Agreement acknowledge and agree that the failure of this Agreement to address any term, condition, or restriction of any pertinent environmental permit shall not relieve CDC, Developer, or their successors or assigns, of their obligations to meet the terms, conditions, or restrictions of such environmental permit, nor shall this Agreement in any way affect the necessity of CDC, Developer, and their assigns, complying with any law, ordinance, rule, or regulation governing permitting requirements, conditions, tams, or restrictions related thereto; and WHEREAS, the parties to this Agreement acknowledge and agree that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's Lely Project and the Realignment Project will be based upon professional opinions of the total Projects' estimated probable costs certified by a professional architect or engineer; and WHEREAS, the parties acknowledge and agree that the off -site to on -site ratio for the Realignment of Rattlesnake Hammock Road and its intersection with U.S. 41 are as set forth within the professional engineer's estimate of probable costs, attached hereto in Exhibit "C "; and WHEREAS, the parties acknowledge that the County has a new Consolidated Impact Fee Ordinance, as amended, adopted by the Collier County Board of County Commissioners in 2001 that repealed in its entirety any prior Impact Fee Ordinance and that this Developer Contribution Agreement shall be construed pursuant to its terms; and WHEREAS, Collier County is willing to reimburse CDC/Developer for Seventy -Five Percent [75%] of the cost of construction of the Thommason Drive roadway portion of the 4 OR; 3138 PG; 2361 Realignment Project as a reimbursement for advanced construction costs outside of the Collier County Five Year Capital Improvement Plan upon final completion of the Realignment Project; and WHEREAS, as of the date of execution of this agreement the earliest the County would have advanced the design is the year 2010 and the earliest the County would have advanced the construction is the year 20I2; and WHEREAS, the parties acknowledge, in the case of contribution's of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed twenty (20 %) percent of the estimated probable costs; and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator, through approval of this agreement, has recommended to the Board of County Commissioners that the proposed plan for donation and contribution is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to donate and contribute certain land and off -site improvements as described herein and in Composite Exhibit "B ", and Exhibits "C" and "D" which are composed of, among other things, facilities that are required to be made pursuant to a developmenforder or voluntarily made in connection with road impact construction. WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the construction standards and procedures of the County and shall be first approved by the County's Transportation Division; and WHEREAS, CDC/Developer acknowledges and agrees that it has full capacity, power and authority to cause the construction or installation of the subject contributions or shall post a bond therefore and thereafter execute any and all documentation necessary to convey the contribution or land donation to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; and b. Such Proposed PIan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing 5 OR; 3138 PG: 2362 growth necessitated capital improvements and additions to the County's transportation system; and c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with although not included in, the most recently adopted five -year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act.. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: All of the above "Whereas" recitals ark true and correct and shall be incorporated herein. I. In exchange for the contributions of construction identified and contemplated in this Contribution Agreement as set forth in Composite Exhibit "B," Developer shall be entitled to a cash reimbursement as more particularly described herein. 2. The amount of cash reimbursement or impact fee credits from road impact fees shall be determined according to the following standards of valuation: a. The County's position is that the value of any donated land pertaining to the Lely Project shall be based upon a current appraisal of fair market value at the time of the zoning change, [1986), prepared by a qualified and professional appraiser acceptable to the County based upon comparable sales of similar property between unrelated parties in a bargaining transaction. The Developers position is that the valuation of the land should be based on the date of the dedication to the County and is willing to concede Agricultural zoning. b. In the case of contributions of construction or installation of improvements in the Project, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. However, in no event shall any upward adjustment exceed fifteen percent (15 %) of the initial estimate of costs for contributions. The initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "C ". c� OR: 3138 PG: 2363 C. A narrative description of the contributions which are the subject of this Agreement together with initial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Realignment Project, prepared by a professional architect or engineer, are attached hereto as composite and Exhibit "C," which is incorporated herein by reference. 3. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution unless agreed to by the County. 4. The advanced cash payment or acceptable performance bond or guarantee by Developer for Construction contributions to the Realignment Project identified herein as described in Composite Exhibit "B" shall entitle CDC/Developer to a Certificate of Adequate Public Facilities for Roads for up to 1766 residential units within the area described in Exhibit A -1. This Certificate of Adequate Public Facilities for Roads shall not constitute permission by the County to proceed to immediate development of any area beyond the area described in the PDA, [Attached hereto as Exhibit A -2]. 5. Road Impact Fee Credits shall be given for the off -site portion of the land dedication in the Realignment Project reduced by the entire amount of road impact fees due on the first building permit issued thereon and each successive building permit until the CDC Development is either completed or impact fee credits are exhausted or otherwise no longer available. It shall be CDC /Developer's obligation to notify the County that a credit is available, each time a building permit is applied for in the CDC Development. If a credit is available, it shall be deducted from the available balance. All credits shall be freely assignable throughout the Collier County road impact fee construction lands and as set forth in the area described in Exhibit "A- I ". 6. No road impact fee credits for the construction portion of the contribution shall become available until the completion of the roadways identified herein and after completion, the right of ways thereto have been conveyed to Collier County by warranty deed in fee simple title free of all liens and encumbrances. 7. If more than one developer or parcel is to benefit from the impact fee credits or cash reimbursement under this Agreement, the owner thereof shall assign and describe the proportion or dollar amount of the total credits available to each parcel. This shall also be reflected in the appropriate Ledgers. In such circumstance, the credits and cash available to each parcel shall be reduced by the entire amount of the road impact fees due on the first building permit issued on each respective parcel and each successive building permit issued thereon until each respective parcel is completely developed or the respective credit or cash amounts available are exhausted for each parcel or otherwise no longer available. As well, and in all other respects relative to determining available credit or cash under this Agreement, each parcel shall be treated in a manner proportionate to the total credits or cash available to it as indicated in Composite Exhibit "B" and on the appropriate Ledger. 8. The impact fee credits and cash reimbursement available under this Developer Contribution Agreement may be used to evidence payment of road impact fees, provided such 7 OR; 3138 PG; 2364 use will not cause an undue or unreasonable burden upon the resources of the road impact fee area[s] subject to the credits. 9. CDC /Developer's share of the estimated costs of construction, as certified by a Professional Engineer, of the roadway portions subject to this agreement are attached hereto as Exhibit "C" and are as follows: a. Thommason Drive: Seventy -Five Percent [75 %] of Two Million, Four Thousand, Eight Hundred Eighty -One Dollars [$2,004,881.00] or One Million, Five Hundred Three Thousand, Six Hundred Sixty Dollars and Seventy -Five Cents [$1,503,660.751; and b. Xeric Lane: Fifty Percent [50 %] of Two Hundred Twenty -Nine Thousand, Six Hundred Thirty -Eight Dollars [$229,638.00] or One Hundred Fourteen Thousand, Eight Hundred Nineteen Dollars [$114,819.00]; and C. Retention /Outfall: Seventy -Two and One Half Percent [72.5 %] One Hundred Seventy One Thousand Thirty One Dollars [171,031.00] or One Hundred Twenty Three Thousand, Nine Hundred Ninety Seven Dollars [ 123,997.001; and d. FDOT — US 41 Improvements: at Seventy Five Percent [75/,] of Three Hundred Seventy -Nine Thousand, Five Hundred Twelve Dollars [$379,512.00] or Two Hundred Eighty -Four Thousand, Six Hundred Thirty -Four Dollars [$284,634.001; and e. Engineering/Surveying and Permitting: Seventy Two and One Half Percent [72.5 %] of Two Hundred Seventy Thousand Dollars [$270,000.001 or One Hundred Ninety Five Thousand, Seven Hundred Fifty Dollars [$195,750.00]. Total of Estimated Construction Costs of Realignment Project: Three Million, Fifty -Five Thousand, and Sixty -Two Dollars [3,055,062.001. CDC's share of Total Estimated Costs: Two Million, Two Hundred Twenty Two Thousand, Eight Hundred Sixty One Dollars [$2,222,861.00], based upon the above - referenced percentages. 10. CDC/Developer will possess vested rights to develop 1766 residential units in the area of Exhibit "A -1" upon the prepayment of Road Impact Fees for 1766 residential units calculated at the current rate. In exchange for the donation of right of way, the advanced construction of the Project, a cash payment and the posting of a cash bond, construction bond or other guaranty acceptable to the County for the construction of the Realignment Project, the County will issue a Certificate of Adequate Public Facilities for Roads. The County has calculated the total amount of the cost of Road Impact Fees for building permits for the 1766 residential units as delineated by CDC /Developer as follows: a. 589 Single - Family Units @ $2,433.00 per unit for a total fee of $1,433,037.00; b. 589 Multi- Family Units @ $1,800.00 per unit for a total fee of $1,060,200.00; 8 OR: 3138 PG; 2365 C. 588 Condo - Townhouse Units C $1,512.00 per unit for a total fee of $889,056.00. These figures amount to the costs of a total of 1766 Residential Units, as delineated above, for a total prepayment of Road Impact 'Fees in the amount of $3,382,293.00 for a Certificate of Adequate Public Facilities for Roads. The completion of the Project shall be deemed a partial prepayment of road impact fees and the developer shall be vested in these units for a minimum of five (5) years. If the total Road Impact Fees needed for the 1766 Residential Units of the development exceed the cost of the Project, CDC/Developer shall be responsible for paying the difference in costs for fees in effect at the time the permits are applied for or issued. 11. The calculation of the amounts set forth in Paragraph Ten [10] above, utilized an estimated mix of unit types and sizes for the total of 1766 Residential Units and is binding upon the County for construction pursuant to Section 3.15.7.3 of the Collier County Land Development Code, as amended, under a Certificate of Adequate Public Facility. These provisions are not binding on CDC /Developer for the actual type of residential units ultimately constructed. The provisions of this Paragraph and Paragraph Ten [ 10] above are subject to any amendment, [approved subsequently to this DCA], by the County, of the CDC PUD. 12. Developer agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution, nor shall this Developer Contribution Agreement be effective unless Developer's legal counsel shall satisfactorily advise the County Attorney in writing prior to the time of the recording of this Developer Contribution Agreement as re_ aired herein, that Developer has all funds necessary to co nplete the contribution available and under its control and has secured an appropriate performance bond fcr the amount of the contribution. 13. CDC/Developer shall have the ability to transfer impact fee credits issued pursuant to this agreement from one development to another development owned by the developer within the same road impact fee district area for the same type of public facility impact fee. No such assignment or transfer of impact fee credits shall be allowed until the original development, as defined herein, has been completed. 14. Upon CDC/Developer's completion of construction of the contribution of roadway improvements identified above and the acceptance of these improvements by the County, CDC/Developer's estimated share of costs of construction totals; (See Paragraph Nine [9], supra] Two Million, Two Hundred Twenty Two Thousand, Eight Hundred Sixty One Dollars [$2,222,861.00]. The payment of the CDC/Developer portion of the costs of construction shall constitute a partial prepayment of Road Impact Fees for purposes of vesting 1766 Residential Units to be constructed in the 1986 PUD area of development located in Collier County as described in Exhibit "A -1 ". The additional cost of prepayment of road impact fees shall be made in cash upon the execution of this DCA. 15. Upon approval by the Collier County Board of County Commissioners of this Developer Contribution Agreement, CDC/Developer shall pay, in cash, the difference between the estimated cost of construction of the roadways idemified herein and the current cost of building permits for 1766 residential units or One Million One Hundred Fifty Nine Thousand Four Hundred Thirty Two Dollars [$1,159,432.00]. This sum shall be paid immediately, but in any event, no later than October 30, 2002. Both parties agree that the cash payment herein described shall be 9 OR; 3138 PG: 2366 immediately placed into the appropriate Impact Fee Trust Account and that the Impact Fee Escrow Account shall not be utilized in this transaction. 16. CDC /Developer shall be permitted to utilize the cash payment in the trust fund for building permits, payable at the rate in effect at the time of the issuance of the permits. Until this sum has been exhausted. The availably funds shall be evidenced by a Ledger attached hereto as Exhibit " D ". 17. CDC /Developer agrees that CDC /Developer shall endeavor to complete the construction of the roadways identified herein by the end of December 2003, and in any event, the construction shall be completed no later than May 2004. No Certificates of Occupancy outside of the PDA area shall be issued until the construction of the roadways are, in the opinion of the County, complete, accepted by the County and Open to the public. The parties agree that CDC/Developer will construct the Development in phases to be determined by the amended PUD. If the phases are acceptable to the Transportation Administrator County for the purpose of extending the Certificate of Adequate Public Facilities for roads [COAL the Transportation Administrator will not oppose the Collier County Board of County Comm Issiolicrs, extension of the COA. The agreement to an extension shall not be unreasonably withheld. 18. CDC /Developer shall, within 270 days from the effective date of this agreement, enter into a companion agreement with the County to ensure equitable payment or credit to CDC /Developer so that CDC/Developer pays for its fair share of the costs of the storm water and drainage improvements to the Lely Project" area improvements. The 270 day period may be extended in writing by the County at its discretion. 19. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. 20. The duration or availability of impact fee credits or cash pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date the County acknowledges completion of the approved contribution or from the actual date of dedication, but in no event shall the duration exceed seven [7] years, exclusive of any controlling moratoria, from the date of recording in the official records. 21. In the event the amount of Developer's land dedicated to the County in the Lely Project exceeds the total amount of impact fees imposed or used on the subject Collier County portion of the Development, CDC/Developer shall be entitled to the return of the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from road impact fees collected pursuant to the then current Impact Fee Ordinance. H OR; 3138 PG; 2367 22 Developer shall keep or provide for retention of adequate records and supporting documentation that impact fee cash payments concern or reflect total Project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 23. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 24. CDC/Developer shall convey to the County, via recorded warranty deed free and clear of all liens and encumbrances, the dedicated land legally described in Composite Exhibit "B ", except Lely Project Land, within thirty (30) days of the completion of the Realignment Project. 25. CDC/Developer shall expeditiously carry out the Rattlesnake Hammock Realignment Project and the Lely Project. CDC /Developer shall complete the construction and all improvements in the Lely Project pursuant to the Companion Agreement referenced herein. 26. The parties shall agree to a completion schedule for the Lely Project and Developer shall notify the County of any changes in the completion schedule and the reasons for any delay in meeting the date specified for completion of construction of the Lely Project as set forth in the Companion Agreement referenced herein. 27. Upon County's approval of the plat of CDC/Developer's land for the Realignment Project described in Composite Exhibit "B ", CDC shall record the plat in the public records of Collier County, Florida, and will assume the costs associated with such recording. 28. Two County Road Impact Fee Credit Ledgers are attached to this Agreement as Exhibit "D" and Exhibit "E ". County shall record this Agreement in the public records of Collier County, Florida, within fourteen (14) days of its execution by the Chairman of the Board of County Commissioners, and shall provide CDC /Developer with a certified copy of this Agreement, including all exhibits attached hereto such that CDC /Developer's certified copies of Exhibit "D" and Exhibit "E ", attached to this Agreement, shall serve as the Ledgers to document CDC /Developer's balance of Road Impact Fee Credits or cash. 29. County agrees that upon CDC/Developer's completion of the Realignment Project in accordance with this Agreement, CDC/Developer shall be granted impact fee credits for the costs of construction and cash advance payment and be deemed to have complied with and satisfied County's transportation concurrency management system and transportation impact mitigation requirements for the construction of 1766 residential dwelling units based upon a calculation equal to the amount of the applicable impact fees that would be deemed paid based upon the impact fee schedule in effect at the time of the execution of this Agreement and the value allotted to the off -site portion of the land dedication in the Realignment Project. IF OR; 3138 PG; 2360 30. In the event that County's road impact fees are increased after this Agreement becomes effective, or if CDC /Developer's RIFC granted pursuant to this Agreement are not sufficient to offset the amount of road impact fees payable by CDC /Developer to County for CDC PUD Development, CDC shall pay any additional road impact fee amounts that remain due or payable under the Consolidated Impact Fee Ordinance, as it may be amended, for the CDC PUD Development. 31. CDC/Developer will convey to the County, in fee, any land owned by CDC/ Developer required for drainage /retention improvements required the Realignment Project and the Lely Project based on County approved locations selected by CDC/ Developer and CDC/ Developer shall convey such lands in fee to County on the final plat of CDC/Developer's land containing the Projects unless the County requests conveyance by warranty deed. 32. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 33. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 1. 34. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the* terms of this Developer Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 35. CDC/Developer certifies, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 36. CDC/Developer certifies, by virtue of entering into this agreement, that CDC /Developer are the sole owners of the road impact construction lands. An attorney's opinion of title and a statement of CDC /Developer's authority to enter into this agreement are provided by Developer and are attached hereto as Composite Exhibit "F." 37. The parties acknowledge that the Iand conveyance made pursuant to this agreement is an integral part of and a necessary accommodation to the Collier County transportation network. 38. The Developer certifies, by virtue of entering into this agreement, that the off -site improvements contributed, if any, are an integral part of and a necessary accommodation to the County's transportation network. 39. The off -site improvements, if any, exclude access improvements except for the street lighting at the intersection of U.S. 41 and Thommason Drive. 40. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. 12 OR; 3138 PG; 2369 41. CDC/Developer has provided an attorney's opinion identifying any lienholders having a lien or encumbrance on the donated land or other contribution or provided a certificate of no liens. Said opinion is attached hereto as Exhibit " F." 42. CDC /Developer has provided, in Exhibit "F", an attorney's opinion setting forth the legal authority and validity of any business entity utilized in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 43. The parties acknowledge that the donations and contributions are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 44. The failure of the Contribution Agreement to address any pertinent condition, term or restriction of any regulatory permit shall not relieve either the applicant or owner, or their successors of the necessity of complying with any law, ordinance, rule or regulation governing any permit requirements, conditions, terms or restrictions. 45. This Agreement shall be modified or revoked as is necessary to comply with relevant state or federal laws, in the event state or federal laws are enacted after the execution of the agreement which are applicable to and preclude the parties' compliance with the terms of the Contribution Agreement. 46. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However; ho reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. 47. The road impact fee credits granted for the Project shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. 48. This Contribution Agreement shall not be construed as a "development agreement" under the Florida Local Government Development Agreement Act. 49. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "G" attached hereto and incorporated herein by reference or level one [i) Environmental Audit by certified environmental engineer. 50. This Contribution Agreement shall be recorced by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 13 OR; 3138 PG; 2370 EXHIBITS TO BE ATTACHED TO AGREEMENT Exhibit "A" - - Composite Exhibit "A" 1) Description of CDC Development in its entirety 2) Description of Realignment Project as Described in April 24, 2002 PDA Exhibit "B" - - Composite Exhibit "B" 1) Sketch of donated land for Project in area of PDA 2) Legal description and sketch of Xeric Lane. 3) Legal description and sketch for temporary 0.84 acre, temporary easement for drainage in area of PDA. 4) Legal description and sketch of 12.92 drainage area in the PDA 5) Conceptual sketch of dedicated land to be included in Lely Project. 6) Memorandum of County regarding drainage requirements for Lely Project. Exhibit "C" - - Engineer's Estimate of Probable Costs Exhibit "D" - - Ledger for Road impact Credits for Cash Exhibit "E" - - Ledger for Construction Contribution Exhibit "F" - Attorney's Opinion of Title and Authority of Signatory to Developer Contribution Agreement. Exhibit "G" - - Risk Management Guidelines or level one [11 Environmental Audit by certified environmental engineer. AS TO COUNTY: 14 AS TO Attest: :•�' � � �� " °. � •, ��� IIWT JI'f E. ��kbO I,, Clerk, Attest at �:_to i a,� signature ok j.- AS TO COLLIER LAND DEVELOPMENT: WITNESSES: OR; 3138 PG: 2371 BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA i By: � JA S N. COLETTA, Chairman Print Name: j inr,�yx;,o By: _r-- Pi_C_C__Pr7Cs1dcnt JEFFREY M. BIR Signatur Print Name: [!C Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before L this �f day of �ro17�/`2002, by JCFF/�I� �r 1R? on behalf of CoGe.l �sr��4rsL2�tt<F4�P�rEit�; a(n) Corporation /Company. On behalf of the corporation and limited liability company. He /Slie i , or [,a -fias produced driver's license no. F��2 a D r y����s identification. NOTARY PkB LIC (SEAL) Name:_K/9i642�K,J / - / 1� �L_ - (Type or Print) My Commission Expires: Approved ajs Ito form and legal sufficiency: quettbe Hubbard Robinson ssistant County Attorney ]HR/Standard Developer Agreement Y P OFFC ALNWARYSEAL Ot VB�� KATHRYN M HELL COMMISSION NWAER tt �% ccsesc o MYCOMUtSSKCNE%P. ies OF i \.O SEPT n 7044 15 OR; 3138 PG; 2372 EXHIBIT "A -1" Description of CDC Development in its Entirety in, M ' iller New Directions In Planning, Design & Engineering EXHIBIT A PAGE I of M, 3138 PG; 2373 Description of all of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida All of Section 25 and part of Sections 23, 24,'26, and 36, Township 50 South, Range 25 East and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follows: Section 19, Township 50 South, Range 26 East, Collier County, Florida, lying south and west of State Road 90 ( U.S. Highway 41 - Tamiami Trail); . LESS those lands described in O.R. Book 2605 page 2481: Lands described in O.R. Book 2605 page 2481 sti u €ated order of taking; That portion of the south 112 of Section 19, Township 50 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the southwest comer of said Section 19, North 88 °19'24" east, 1315.118 meters (4,314.68 feet) to the survey baseline of State Road 90 (U.S. 41); thence along said survey baseline, North 39 °01'59" West, 19.173 meters (62.90 feet); thence South 88 °19'24" West, 19.173 meters (62.90 feet); thenc;; South 88 °19'24" West 57.518 meters (188.71 feet) to the westerly existing right of way line of said State Road 90 (per Section 03010 -2216) for a POINT OF BEGINNING; thence continue South 88 °19'24" West, 152.400 meters 0-2216 feet); thence North 01 °40'36" West, 50.720 meters (166.40 feet); thence North 88 °19'24" East, feet)- 3 meters (372.97 feet) to said westerly existing right of way line; thence along said westerly existing right of way line, South 39 °01'59" East, 63.809 meters (209.35 feet) to the POINT OF BEGINNING. Containing 6747.8 square meters (1.667 acres). Bearings are based on the south right -of -way line of US 41 being South 39 °01'59' East. Being Better Described as follows All that part of Section 19, Township 50 South, Range 26 East, Collier County Florida; Being Described as; Commencing at the southeast comer of said Section 19; thence along the south line of said Section 19, South 88 °10'01" West 657.39 feet to the survey baseline of State Road 90 (U.S. 41); thence continuing along the south line of said Section 19, South 88 °10'01" West 188.42 feet to the westerly right of way line of said State Road 90 (U.S. 41); thence along said right of way line North 3904'27° West 62.81 feet to the Point of Beginning of the Parcel herein described, said point being the north line of a drainage easement as recorded in O.R. Book 2605, page 2482; thence along said line South 88 °10'01" West 500.00 feet; thence leaving said line North 01 °49'59" West 166.40 feet to a point on a line tying 166.40 north of and parallel with the north line of a drainage easement as recorded in O.R. Book 2605, page 2482; thence along said line North 88 °10`01" East 373.51 feet to the westerly right of way line of said State Road 90 (U.S. 41); thence along said right of way line South 39 °04';'.7" East 209.02 feet to the POINT OF BEGINNING of the parcel herein described. Containing 1.67 acres. Naples Port Myers Sarasota Tampa Tallahassee Panama city Beach 3200 BaiJCy Lane, Suite 200 Naples, Florida 34105 941 -649 -4040 p 941-643-5716[j o2v:oo� -caow vx oa. �:+. cirn N0.390t600} - www. WilsDnmiller. Com MISOnAhifer.lnc. — fL L/C./ LC_C000170 INS& iller OR; 3138 PG; 2374 New Directions In Planning, Design & Engineering EXHIBIT A PACE 2 of 5 SUBJECT TO a drainage canal easement (Walker Canal 120 feet wide) - extending from the southwesterly right way - of - way of State Road 90 (U.S. Highway 41 Tamiami Trail) to the west line of said Section 19, as recorded in O.R. Book 157, page 269 of said public records; ALSO SUBJECT TO a Florida Power & Light Company transmission line easement (110 feet wide) extending from said southwesterly right way - of - of State Road 90 to the south Fine of said Section 19 as recorded in O.R. Book 194, page 601 of said public records; ALSO SUBJECT TO a drainage easement (50 feet wide) lying over and across a portion of the south 50 feet of said Section 19 as recorded in O.R. Book 532, page 120 of said Public Records; AND ALSO SUBJECT TO any easements, restrictions, reservations or rights - of - way of record. Containing 247.09 acres more or less. AND Section 24, Township 50 South, Range 25 East, Collier County Florida, tying south of State Road No. S -864 (Thomasson Drive) and tying south and west of State Road 90 (U.S. Highway 41 Tamiami - Trail); EXCEPTING THEREFROM the north 1891 Al feet of the west 1290.01 feet of said Section 24; SUBJECT TO a Florida Power & Light Company easement as recorded in O.R. Book 857, page 1037 of the Public Records of Collier County, Florida; , ALSO SUBJECT TO a right of way easement for public road as recorded in O.R gook 1345, page 908 of said public record ALSO SUBJECT TO a utility easement as recorded in O.R. Book 1346, page 1693 of said public records; AND ALSO SUBJECT TO any easements, restrictions, reservations or rights way of record; Containing 599.72 acres more or less. AND Section 25, Township 50 South, Range 25 East, Collier County, Florida; SUBJECT TO any easements, restrictions, reservations or rights - of - way of record; Containing 657.07 acres more or less. AND The Southwest One Quarter of Section 23, Township 50 South, Range 25 East, Collier County, Florida, EXCEPTING THEREFROM the waters of Tide Creek; ALSO EXCEPTING THEREFROM the following described parcel; Beginning at the west 114 comer of said Section 23; thence along the east -west 114 section fine of said Section 23 North 89 °2920" East 1384.95 feet; thence South 00 °32'30" East 200.00 feet; X30/ -�OF 08070 VQ OtF 1F y,� [ArO �'e-01�041. 0 Paget lffils�vRmiller New Directions !n Planning, Design & Fngineenng EXHIBIT A PAGE 3 of 5 OR; 3138 PG; 2375 thence South 89 °29'20" West 916.48 feet; thence South 00 "06'08" East 453.00 feet; thence South 89 °29'20" West 470.01 feet to the west line of said Section 23; thence along said line North 00 °06'06" West 653.00 feet to the Point of Beginning of the parcel herein described. Containing 150.39 acres more or less. MT A tract or parcel of land lying in Section 23, Township 'j70 South, Range 25 east, Collier County, Florida, being more particularly described as follows: Commencing at the west 1/4 comer of said Section 23; thence along the east -west 1/4 section line of said Section 23 North 89 °29'20" East 1384.95 feet to the Point of Beginning of the parcel herein described; thence North 00 °32'30" West 367.45 feet; thence North 89'2446" East 300.00 feet; thence South 00 °32'35" East 60.00 feet; thence North 89 °2446" East 980.26 feet to the north -south 114 section fine of said Section 23; thence South 00'42'05" East 309.14 feet to the center of section of said Section 23; thence along the east -west 1/4 section line of said Section 23 South 89 129'20" West 1281.12 feet to the Point Of Beginning of the tract or parcel herein described. Parcel Contains 9.48 acres more or less. SUBJECT TO any easements, restrictions, reservations or rights - of - way of record; AND Lots 70, 71 and 91, Naples Groves and Truck Co's Little Faris No. 2 as recorded in Plat Book 1, page 27, Public Records of Collier County, Florida; Parcel contains 30.68 acres more or less. SUBJECT TO any easements, restrictions, and rights -0f - -way of record. AND A tract or parcel of land lying in Section 26, Township S3 South, Range 25 East, Collier County, Florida, more particularly described as follows: The west 112 of said section 26; AND The southeast 1/4 of said Section 26: AND The southwest 1/4 of the northeast 114 of said Section 26; AND The southwest 1/4 of the southeast 1/4 of the northeast 114 of said Section 26; SUBJECT TO AND TOGETHER with an egress easement, Ingress - 60 feet wide of the west line of the aforesaid fraction of a section as recorded in O. R. Boots 283 Ong 30 feet Public each side Records of Collier County, Florida; page 359, Public Parcel contains 550.88 acres more or less. moo+ -oonm v« orr ksai. ++oaaorsoos_o Page3 IMS62 M iller OR: 3138 PG: 2376 New Directions in Planning, Design & Enpineenng EXHI BIT A PAGE 4 of Subject to any easements, restrictions or rights -of -moray of record AND A tract or parcel of land lying in Section 36; Township 50 South , Rang more particularly described as follows: t, e 25 East Collier County, Florida, cr Beginning at the northeast comer of said Section 36; thence South 00 °18'30' West along the east line of said Section 36 for 1518.00 feet; thence North 87 °2825" West 5329.09 feet to a point on the west line of said Section 3fi thence along the west line of said Section 36 North 00°1940" East 1254.00 feet to the'norih line of said Section 36; thence along the north line of said Section 36 North 89 °41'10` East 2665.95 feet to the north quarter comer of said Section 36; thence continuing along said north line North 89'41'16' East 2659.04 feet to the Point of Beginning. SUBJECT TO any easements, restrictions, reservations or rights - of - way of record. Containing 169.43 acres more or less. Bearings are Based on the Southwest Right- of-way of US 41, being South 39 0d 27" East Plane Coordinate System, Florida East Zone, NAa 83 Adjustment) (per State Total Parcel contains 2414.74 acres more or less. WlsonMiller, Inc. Micha�HMaxwell, PS #4fi50 Not valid unless embossed with the Professional's seal. Ref_ 4d -112 PIN: N0229-001 -010 Date: October 10, 2001 Revised: October 10, 2002 rm�oot -v�e�e v�:o�r,csy. ►�oinoaa -_ o Parge4 15 it tEl If f� +.rrr. trrrrrrrff�rrir. anrrrrrfl�tr OR: 313$ PG: 2 78 or Y K rl ry Sra aIa7T irc ��Y Y'r•o -ny lit r Slwr l�I rh p Litt MfI ilj S'r:r 71< r� r..r rf r rrI r.• r_.._ , w N r+1E CiyrR RDa'r6p P_ .srs w i.r •car �fl hp !! �f M \ w rc 4eil r rYr fare, trp h wI rrr.i M W w .r r-- U r r.r.. A. rar.pr .-nrt: r.•r..- i r rr•rr r �rr.f iMr •\ f] . YrGr crr, 4.r`. C.— C..-.— u ew. cl leer - rrr-r \ ( YC . \ ( C T (ar+ri u.wf.rY t r^ . C • � s( � w es �rw u - lrl Cr. (rq Ir+rf rA .�f wfsj r..... n a•,r: y r .., r•.. r rc ri. L-.l Ar.r rI rrr W � r afrr SL m [r3S rr ✓ J'aa rnr• ttlf; + Wra1P fl) r S.r� rw r trc — c••a. /r.a r� wsor � rrrt w.rwr,.rrf sfr. .t Iwn31'r rJr3 rri rrr (Uric rrfl Y rr- r arrr .►r o rtes I12 rs �r"O.. w..rrr .rr JNI)1' na nr» rot rrt rr srw rnx w. nrtJ sf rot rrr r a..r rnx' r Ldl1 r r r stir r o W sraw aAlanrq r • tart far «oic rr vi.. r_ _ tnN nK e3t.m Srrf pmID rrr nrr rrrlar r >o>A rya feYr i.fr! r-s rw fn N'rtt lt1lal rf (M.$)S.fJ r r .r is r r,r ua rr, nuaa w r faw a icrc r..... r.r � r ....r .rr +•-. w r LLS IS raq S.r .tor Y I•r. bZ�rl4rmOr.n. f�Yi r�i lr.Ic friar' r O)Jr r r r carry r.ir r shfl ✓ q AS srk sr rnvae" av feaC r r r r.y rte r �i. r r pr,r ✓ ra !uS I!t aJr e r r rrr r r r r.r Jfoi7Y v (Il d 1rDf nrM rQ r.o •ry r r Sr rrea; w Smm a.c Ir.fr � r�Mr M I)q�• rr rKY rr fv xco r r r.+r Gt V rrA IYr tri¢ rs ..� riI r rr rnro; trI SA3f w r .hrj�w .r r r r rrr .srr�reae(�r7��nypu a �Ya..awra.r++nr41«w r .+s r lom4 arrrr......ursrr ✓orrw d rrr 191.Pr IiR ato 5t6Q'I D I rrrre ✓ tirrr fr+r fLr - r ry / 9r rr ib r1e1 rJfrrl If aror.rrrw rsrrr.nw Se! r sr.r per re r r ... wrr y nrorl: at �m AtRo rr +oeAr r r so lr.r r —I �n . r . u i..�s, art 1... vt Cr.rW aCI w r.. r ra f9 20 29 rr u..a lrrr 1•r rr r n... ✓ ffr ✓ i rtu rl..y If na+urc sryarr r m,ar r rrr pFel rr ✓rrr iwr h i.o >?ITbY x p1eR D . 4✓. Sri • IA n-r.► �raR /err n!, rr Ip—� /yry � Atty A�rry r¢ .r r /..• b I r nrr yr fr t1 a1a su[v o . rr .r nD !.m iieII D w �� +wow rrrr-r r +Yr �' r 1 t.a:. a tr+wr x swa 4 D tt trcr r•-�y lr..f S+D 'lib l3 9scp A.r w.��r♦ rrsYr rr�.rr r 1ti - r .. •v m sr rr a r.r. w a.o� rrrr exsrrc aoory ...�.. w rr r+rrt tSO [7tlrrrc !(Ippr r rr... Srn.YI r-rc �r r r VI ow. r wr sra- tt rw r �.•.rf v. rir r r rr SrY. L rrr ir}SSa" f.r r.O[D rrr rry 3+IrrX a frcta r.c rq SM mO3Y 4r dm brf n.rf surf maX nr aunt w • r r wrra:l rer.nrrl.r a.�[�V'�y�)j IfO r.v r Sr fir a frrr !; rr:~' SO LA err D r [ fwrri r .-..» .•.rrr roa.I r ....r rrr r-r r W I^ .4 V r rI ' _ _" v r. OSI3fl' LI 1xaC rrr r ►+ w<aa • rr nm r.t Vr•r.. .ear aw r r .rrr.r V. a r r r 3-r t2 rd s+-`mMlr sfaK r+rr ✓. I "4gi..y r M . err.... +Mw.wrw w. M R D r r...r roc 1Rt(; Q ENT: SXE7Cfi OF DESCRIPTION r r Ls a W Irr r te. It X X W X J_.. SS 3-q ryr D rr S<4 n 6_s 50 s. nT X rrr. C c c_., ns I •,ay- Co1Ger rrtlerprae PrapmSa ....,a .,, N MD 4'� IA Sr•r r ! r w✓yI I. tt Ar[ rnr r dw rr+w rr Syrr �� aK a+sen D r• .r+�n sr�r -a r ^r• -r-w r.c.a r rrrrf IN r r.r J-r:. R •ro r s.er to .o r .rwr rk r r -r.r rN r 9et'r A M te1Q'Ih .=_ rrr r rw.p. Sr.'t ry �rrr�q-�.m rr I.sr s..�x r. w so IrOO... ttir » rr u. ti.r �. rw.rw rot r So,t r rrr ar r r � rL� � rsuo�r•. r r ... inen' r-f s.yvaaP l.f r . `YK' frr uxo u r uirr r..f r rw w r r e-.-Y Ore'D• Lff riEf3 rrf r r rr +r ter 3~KI Y rd x�um D w rrr [7T%] _ r Trr r [!YYyIyYIVy,I� rrr -r•., r fa Ir. +•� s..r JNr>r M9•uy0 b ry�rr[3 w Snr4l Z �Y Yr mrn•ratr a.aroaw rwl Sot rcr �SiPp nr LcHlfr r tai l�.mc >u fr ,r rtorr..mn¢ swr+a+ ..o irreu OLUCR DCYCIOP9.rWT CORPORAIIDN IO '#­j I 1 y 1 1 4r. 112 4 ' H :.il 1-•r O OR: 3138 PG; 2379 EXHIBIT 44A -2" Description of Realignment Project as Described in 04/24/2002 PDA MAY -30 -2002 16:36 SWFRPC FXHIBIT "A-2` P.02 /19 OP,; 3138 PG; 2380 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS `Dedicated to making Florida a better place to call home" JES BUSH Governor Mr. C. Laurence Keesey Young, VanAssenderp, etal Post Office Box 7907 Naples, Florida 34101 -7907 May 17, 2 ,t 1 i vj 111'��'ft5, '•�t�, STEVEN M. SEIBERT secretary , Re: Collier Development Corporation; He Number AGM - 902 -002A Dear Mr. Keesey: Enclosed is a copy of the executed agreement for Collier Development Corporation. Please record this agreement or a notice ofprelimi ary development agreement with the clerk of the circuit court pursuant to subparagraph 380.06(8)(a)10., Florida Statutes, and provide the Department with a copy of the recorded agreement within two weeks. If you have any questions, please call Bernard Piawah in the Bureau of Local Planning at (850) 488 -4925. Sincerely, �_Z D. Ray Eubanks Conununity Program Administrator Enclosure cc: Mr. Dan Trescott, Southwest Florida (with enclosure) Collier County (with enclosure) 2666 SHUMARD OAK BOULEVARD - TALLAHASSEE. FLORIDA 52359 -2100 Phone: (850) 488 - 8466 /Stjnrom 276 -8466 FAX: (850) 921- 0781/Suncom 291 -0781 Internet address; httc:/1www,dca state tl is O ""CAL 3T4TE COMCOM FMW 0"jC7C COMMUM M PLAM a 2750 ONraea4 K JJh—r. S-ite 212 2555 Sh, lgra Osk sa,bv.rd LTtEROEiIaY MwYwo r HOLltgO L CalAMU11rTY DCsV110TNItf1iT Marvoon. FL 99056„^0 25W 9wmaa 00k Bouk v ,d 2555 3r vm.cd Oak t3aas.varQ �1 2ZG.2A02 Tallahasaw. Ft 9791�'i.2100 Tsfth mo . FL 3..''959 -21 W 2SW S un F(. -k Rout100 (©-Oi 488.29.96 fssol 4118EItp 050) Aw78$e MAY -30 -2022 16 :36 SWFRPC P.03i18 OR: 3138 PG: 2381 AMENDED PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into by and between Collier Development Corporation, a Florida corporation (hereinafter "Collier ") and the State of Florida Department of Community Affairs (hereinafter the "Department ") by and through their undersigned representatives. Pursuant to the requirements specified in §380.06(8), Florida Statutes, and Rule 9J- 2.0185, Fla. Admin. Code, Collier and the Department voluntarily enter into this preliminary development agreement (hereinafter the "Agreement ") upon the following terms and conditions; WHEREAS, the Department is the state land planning agency having the power and duty to exercise general supervision, administration and enforcement of the Florida Environmental Land and Water Management Act of 1972 (Chapter 380, Florida Statutes and the Department's rules promulgated thereunder) which, in part, contains provisions regulating developments of regional impact ("DRI "); and WHEREAS, the Department is authorized to enter into agreements that enforce and effectuate the provisions and intent of Chapter 380, Florida Statutes, pursuant to §380.032, Florida Statutes, and to enter into preliminary development agreements with developers pursuant to §380.06(8), Florida Statutes, and Rule 9J- 2.0185, Fla. Admin. Code; and WHEREAS, Collier County issued a DRI devz-Iopment order (D.O. 86 -2) for the Property approving the CDC DRI on November 10, 1986, but due to extensive litigation the CDC DR3 has never been commenced and, pursuant to the terms of said development order, Collier must submit the CDC DRI to Collier County for further DRI review and approval; and WHEREAS, Collier is the sole owner and developer of approximately 2,416.41 acres of real property (hereinafter the "Property"), including land formerly approved and known as the CDC DRI, as legally described in Exhibit I attached hereto; and WHEREAS, Collier plans to amend the legal description and to revise the CDC DRI plan of development so as to construct residential units, commercial uses, golf courses and other uses on the Property which will constitute a substantial deviation to the CDC DRI and will require the Property to undergo DRI review and approval pursuant to §380.06, Florida Statutes, and to obtain a final DRI development order for the Property; and WHEREAS, Collier desires to commence a minimal amount of development on approximately 83.07 acres of the Property (hereinafter "PDA Property ") as legally described in Exhibit 2, attached hereto and incorporated by reference, prior to obtaining a final DRI development order on the Property; and MAY -30 -2002 16:36 SUJFRPC P. 04/19 OR; 3138 PG; 2382 WHEREAS, the firm of Wilson Miller has prepared a document entitled "CDC DRI Preliminary Development Agreement Document" (hereinafter "PDA Document") dated September, 2001, which PDA Document more fully describes Collier's anticipated plan of development for the PDA Property, and a copy of the PDA Document having been furnished to the Department; and WHEREAS, the PDA Document, the exhibits thereto, and all representations and depictions therein, specifically including a copy of Collier's PDA Development Plan attached hereto and marked as Exhibit 3 hereto, are incorporated herein by reference; and WHEREAS, Collier has a desire to commence construction of a portion of the CDC DRi and has requested that the Department, pursuant to Sections 380.06(8) and 380,03(2), Florida Statutes, enter into the Agreement with Collier to authorize a maximum of the following types and amounts of development prior to application for an issuance of a DRI development order for the remainder of the CDC DRI development: 1. 390 multi- family residential units; 2, 120,000 gross square feet of commercial retail use; 3. 50,000 gross square feet of once space. Exhibit 3, attached hereto, consists of the PDA Development Plan for the development described above, to be located on the PDA Property, approximately 83.07 acres of land legally described in Exhibit 2; and WHEREAS, Collier and the Department entered into this Agreerent, which became effective on January 7, 2002, and anticipated that Collier would be able to file an ADA for the revised CDC DRI on or before May 7, 2002, in accordance with paragraph 3 of this Agreement; and WHEREAS, Collier has encountered unanticipated events and circurnstances causing unavoidable delays is ColIier's preparation and filing of an ADA for the CDC DRI, which require Collier to request the Department to agree to amend paragraph 3 of the Agreement to extend the date on which Collier is to file the CDC DRI ADA for the following reasons: A. Collier County has questioned whether the DRI/PUD requirements regarding the relocation of the Rattlesnake Raad/ lomasson Drive intersection through the property and the mutual obligations of the County and Collier are still applicable. B. The County's position with regard to paragraph A above, this position has affected negotiations with Collier County to determine the location and configuration of a County drainage easement across the CDC DRI property for the Lely Canal, a major county stormwater drainage improvement desired by Collier County. Plans for CDC DRI 2 MAY -30 -2902 16:36 SWFRPC P.05 /le OR: 3138 PG; 2383 development located near the Lely Canal cannot be finalized until the easement is finalized, and the parties' obligations under the existing D.O../PUD are determined. C. Collier has been engaged in protracted negotiations with the City of Naples that eventually should enable Collier to determine whether a marina use may be included or remain excluded from the legal description and master plan for the future CDC DRI. D. Uncertainties regarding the transportation issue identified in "A" hereofand with regard to other road segments in the area have caused concerns regarding potential impacts to County roads and have caused a re- examination of the potential land uses in the project. Collier must decide on the final land uses and mix of residential, commercial and recreational uses in the CDC project before a traffic study may be prepared for submittal with the ADA. E. Additional acreage is proposed for inclusion in the CDC DRI legal description that was not part of the CDC project originally reviewed in 1985. An extended period of time is required to prepare an economically feasible Master Plan which reasonably depicts where impacts to these additional lands may occur, what mitigation will be proposed, and what areas will be preserved, and to incorporate the added lands into the ADA for the revised CDC DPJ. F. Preliminary archeological studies of additional lands in the CDC DRI legal description have determined additional archeological sites may exist on -such lands. Studies are required to confirm the existence and determine the'significance of these potential sites before a final ADA Master Plan can be prepared for submittal. G. A pair of American bald eagles, a protected species, have located in the southeast portion of the CDC DRI site. Studies are on -going to determine whether revisions to the CDC DRI Master PIan may be required to address the resulting issues. NOW, THEREFORE, based upon the parties understanding of the facts and circumstances as stated above and in consideration of the mutual benefits and covenants herein contained, Collier and the Department hereby agree to the following: 1. The recitations of the parties to this Agreement and the "Whereas" clauses stated above are included in this Agreement and are adopted and incorporated herein by reference and made a part hereof. 2. Collier acknowledges and agrees that it is the owner of, and is planning to propose development on the Property, which for the most part is land previously known and approved by Collier County, Florida, as the CDC DRI, which will constitute a DRI under the guidelines and the standards specified in §380.0651, Florida Statutes, and Chapter 28 -24, Fla. Admire. Code. Collier agrees to file a substantial deviation application for development 3 MAY -30 -2002 16:36 SWFRPC P.06i18 OR; 3138 PG; 2384 approval (ADA) pursuant to Section 380.06(19), Florida Statutes, and Chapter 9J -2, FIa. Admin. Code, for the Property. The revised CDC DRI ADA is being preliminarily planned to contain less than the 4,000 residential dwelling units approved by Collier County in the original CDC DRI (D.O. 86 -2), as well as commercial (retail and office) uses, golf courses, as well as hotel and other uses. The Department and Collier acknowledge and agree that the planned uses for the DRI, as described in this paragraph, are conceptual, approximate and that the actual amounts and types of land uses that Collier will submit in the revised CDC ADA for the Property in the future may vary from the above description. The Department and Collier further acknowledge and agree that nothing herein shall prevent Collier from asserting or applying for a determination of its rights, including a binding letter of interpretation of DRI status, in accordance with §380.06(4), Florida Statutes, and Rule 9J- 2.016, Fla Admin. Code for the Property, if Collier decides to develop the Property in a manner that does not constitute a DRI. 3. Coiner shall file an ADA for the revised CDC DRI pursuant to §380.06(19), Florida Statutes, and Chapter 9J -2, Fla. Admin. Code, on or before October 4, 2002, Collier having provided a showing of good cause to the Department for the extension of the ADA filing date required by this Agreement. Collier shall also submit its ADA to the appropriate local, regional and state agencies as required under Chapter 380 and the rules thereunder. The ADA shall include all Lands owned and to be developed by Collier within the Property as described in Exhibit 1, and shall include all development authorized pursuant to this Agreement. The ADA shall conform to the requirements set forth in Chapter 380, Florida Statutes and pertinent rules contained in Chapter 9J -2, FIa.'Admin. Code. 4. Collier shall diligently proceed in good faith through the DRI process in accordance with all applicable procedures in Chapter 380, Florida Statutes, and the rules thereunder, unless and until this Agreement is abandoned pursuant to §380.06(8)(a)11, Florida Statutes. Nothing herein shall prevent Collier County or the Southwest Florida Regional Planning Council from reviewing or commenting on any issue under their respective jurisdictions. 5. The Department has reviewed the PDA Document and all information and representations submitted by Collier in connection with its request for the Agreement authorizing commencement of construction of a portion of the CDC DRI, as described herein. Based upon the information provided and representations made by Collier, the Department hereby determines that Collier's request should be granted and this Agreement executed in accordance with the provisions herein, and including the following additional or supplemental recitals: a, The land proposed for development pursuant to this Agreement consists of approximately 83.07 acres, constituting the PDA Property legally described in Exhibit 2, and as depicted on Exhibit 3, the PDA Development Plan. 4 MRY -30 -2002 16:36 SWFRPC P.07/18 OR: 3138 PG: 2385 b. The PDA Property contains no significant environmental features, no significant natural resources, no threatened, endangered or protected species that will be adversely affected, and it is deemed suitable for the described development authorized in this Agreement. C, The development authorized by this Agreement will contain a total of no more than 390 multi- family residential dwelling units, 120,000 gross square feet of retail use, 50,000 gross square feet of office use, which development, individually and cumulatively is less than eighty percent (80 %) of any applicable DR1 threshold under §380.0651, Fla. Stat., and Chapter 28 -24, Fla. Admin. Code. d. There are adequate public facilities and infrastructure to accommodate the development on the PDA Property described herein and that such development will not result in material adverse impacts to existing resources, or to existing or planned public facilities and infrastructure. e. Collier owns the Property described in Exhibit 1, including the PDA Property described in Exhibit 2, and the development of the PDA Property is consistent with the requirements of §380.06(8), Florida Statutes, and Rule 9J-2.0195, Fla. Admin. Code. f. The Department acknowledges and agrees that prior to the issuance of a final DRI development order for the Property in accordance with §380.06, Florida Statutes, and Chapter 9J -2, Fla. Admin. Code, Collier may undertake and complete the development of the PDA Property, as previously described and which development shall be contained within the land described in Exhibit 2. The development authorized by this Agreement shall also include necessary and customary associated ancillary horizontal development and infrastructure directly related to the development authorized herein, including but not be limited to, internal roads or parking areas within the 'PDA Property, storinwater management features, a utilities system, signage, irrigation facilities, sidewalks, landscaping and other features or facilities necessary for the construction and operation of the development depicted in Exhibit 3 and described in this Agreement. g- Ail development permitted by this Agreement shall be carried out in accordance with all applicable ordinances or regulations of Collier County, the South Florida Water Management District, the U.S. Army Corps of Engineers, and any other governmental entities or agencies having jurisdiction to regulate the development authorized herein- 5 MnY -30 -2802 16 :37 SWFRPC P.OBi]B OR; 3138 PG; 2386 6. Collier ig authorized to carry out only the development specifically approved in this Agreement as previously described and may not carry out any other development, as that term is defined in §380.04, Florida Statutes, on the Property or the PDA Property, or portions thereof, without the occurrence of one of the following events: a. A written, amendment to this Agreement duly executed by the Department and Collier. _ b. A revision and reduction of the amount of development proposed by the Collier which results in the project no Ionger being a DRI, followed by written acknowledgment by the Department that this Agreement is terminated or abandoned pursuant to Subparagraph 380.06(8)(a)l 1, Florida Statutes, and is.no longer binding on the parties; or C. Issuance of a final DRI development order. 7. Collier acknowledges and agrees that the development authorized pursuant to this Agreement is subject to all applicable permitting procedures and authorizations required by Iaw from the appropriate federal, state, regional, and Iocal permitting agencies and that this Agreement does not entitle Collier to a final DRI development order approving the CDC DRI in whole or part, nor to any particular conditions contained therein, nor to any permits or authorizations issued by federal, state or16cal agencies. Collier further acknowledges and agrees that any development performed under this Agreement is solely at Collier's own risk at all times prior to the issuance of any final DRI development order. Collier shall not claim vested rights, or assert equitable estoppel, arising from this Agreement or any expenditures ,or actions taken in reliance an this Agreement to continue with the total proposed development beyond the preliminary development. 8. In the event of any breach of this Agreement by Collier, failure to comply with any conditions or terms of this Agreement, or if the Department determines that this Agreement was based upon any materially false information provided by or representations made by Collier, the Department may terminate this Agreement or initiate proceedings to enforce this Agreement as provided in §380.11, Florida Statutes, including a suit to enjoin development activities. 9_ Collier acknowledges and agrees that the Department has retained, and has not waived, its authority to appeal any DRI development order issued by Collier for or in connection with the proposed CDC DRI and Collier further acknowledges and agrees that if such an appeal of the development order is taken by the Department pursuant to Chapter 380, Florida Statutes, said DPJ development order shall not become effective until any appeal is resolved. Collier shall ensure and provide that any developer or successor in interest in and to any 6 MAY -30 -2002 16:37 SWFRPC P.09i16 OR; 3138 PG; 2387 lands or parcels affected by this Agreement is bound by the terms of this Agreement. Collier shall record a notice of this Agreement which complies with §380.06(8)(x)10, Florida Statutes, in the Official Records of Collier County, Florida, and shall provide the Department with a copy of the recorded notice within two weeks after the date of execution of the Agreement. 10. The effective date of this Agreement shall be January 7, 2002, or the date following January 7, 2002, on which the Department, through its authorized representative, executes and acknowledges this Agreement. 11. This Agreement shall remain effective until it is superceded by the final DRi development order to be issued pursuant to §380.06 or 380.07, Florida Statutes, or until it is rescinded by mutual written consent of both the Department and Collier, or until it is abandoned pursuant to §380.06(8)(a)l1, Florida Statutes. The restrictions and conditions of the final development order shall supercede the restrictions and conditions of this Agreement. IN WITNESS WHEREOF, the parties by and through their respective undersigned duly authorized representatives have agreed to and executed this Agreement on the date appearing below their respective signatures. 7 MAY -30 -2002 16.'37 SWFRPC WITNESSES: (Print .. STATE OF FLORIDA COUNTY OF COLLIER P. 10/19 OR: 3138 PG: 2388 COLLIER DEVELOPMENT CORPORATION By: Jeffrey Its: Vice President The foregoing instrument was acknowledged before me this,ay of , 200�b Jeffrey Birr, who is personally known to me or who has produced y as identification. #' T�ANCY LYNN HALL .a MYC�7.1M1SS10N# DDWIM r ?OrS�� P.7Ci'IJtE9:luna Z�.ZW.S ►rJT R N..y [Seal) 12 e-A Notary Public, Skate of Florida _ vi M (_ . �-�, I I Printed, typ d or stamped name MAY -30 -2002 16 :37 SWPRPC P.11/18 WITNESSES (Print Name) (Print name) STATE OF FLORIDA COUNTY OF LEON DEPART OR; 3138 PG; 2389 COMMUNITY AFFAIRS Its: Director, Division of Community Planning Date: The fore in instrument was acknowledged before me this S vas egging $ � day of k , 2888; by L, . ,�1 .z..,s , who is personally known to me or who has produced 14/a. as identi ication, Notary Public, State of Florida Aaui4 p Ferri MY COMMMM f CG46 M MM P eep�st�n�ra [Seal] 0j MAY -30 -2002 16:3? SWFRPC P.12i19 " LEGAL DESC . RIPTION Off' CDC DRi ("PROPERTY") OR: 3138 PG; 2390 Description of all of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida - All of Section 25 and part of Sections 23, 24, 29, and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follows: Section 19, Township 50 South, Range 26 East. Collier County, Florida, lying south and west of State Road 90 ( U.S. Highway,41 - Tarniaml Trail); SUBJECT TO a drainage canal easement (Walker Canal -f20 feet wide) - extending from the southwesterly right way - of - way of State Road 90 (U.S. Highway 41 Tamlaml Trail) to the west line of said Section 19, as recorded in O.R. Book 157, page 269 of said public records; ALSO SUBJECT TO a Florida Power & Light Company transmission line easement (110 feet wide) extending from said southwesterly right way - of - of State Road 90 to the south fine of said Section 19 as recorded in O.R. Book 194, page 801 of said public records; ALSO SUBJECT TO a drainage easement (50 feet wide) lying over and across a portion of the south 50 feet of said Section 19 as recorded in O.R. Book 532, page 120 of said Public Records; AND ALSO SUBJECT TO any easements, restrictions, reservations or rights - of - way of record. Containing 248.76 acres more or less. AND Section 24, Township 50 South, Range 25 East, Collier County, Florida, tying south of State Road No. S -864 (Thomasson Drive) and lying south and west of State Road 90 (U.S. Highway 41 Tamiami - Trait); EXCEPTING THEREFROM the north 1891.01 feet of the west 1290,01 fe°t of said Section 24; SUBJECT TO a Florida Power & Light Company easement as recorded in O.R. Book 857, page 1037 of the Public Records of Collier County, Florida; ALSO SUBJECT TO a right of way easement for public road as rec*rded in O.R. Book 1345, page 908 of said public record ALSO SUBJECT TO a utility easement as recorded in O.R. Book 1346, page 1693 of said public records; AND ALSO SUBJECT TO any easements, restrictions, reservations or rights way of record; Containing 599,72'acres more or less. AND Section 25, Township 50 South, Range 25 East, Collier County, Florida; MaPIB; Fart /Ny©rs Sarpaoto Bradentarr romps • Tbtlahssraa �'�+ +••,• �+• �Fw:w 3261 Bel* L= Sulte 2U0 Napd� Fbriaf3 34105 X507 841 -649 -404D 5Z' 347-643 -6716 19 w�+•w. wilsnamNlar.�m wAranrrtu.�,inc. — a tx i t o nnnnr�n �.., MAY -39 -2892 16:3? SWFRPC P.13/18 OR; 3138 PG; 2391 SUBJECT TO any easements, restrictions, reservations or tights - of - way of record; Containing 657.07 acres more or less. AND The Southwest One Quarter of Section 23, Township 50 South, Range 25 East, Collier County, Florida, EXCEPTING THEREFROM the waters of 'fide Creek; ALSO EXCEPTING THEREFROM the following described parcel; Beginning at the west 114 comer of said Section 23; thence along the east -west 114 section line of said Section 23 North 69 °29'20' East 1384.95 feet; thence South 00 °3230' East 200.00 feet; thence South 89'29'20" West 916.48 feet; - thence South 00'06'08' East 453.00 feet; thence, South 89'29'20' West 470.01 feet to the west line of said Section 23; thence along said line North '00 °08106" West 653.00 feet to the Point of Beginning of the parcel herein described. Containing 160.39 acres more or less. AND A tract or parcel of land lying in Section 23, Township 50 South, Range 25 east; Collier County, Florida, being more particularly described as follows: Commencing at the west 114 comer of said Section 23; thence along the east -west 114 section line of said Section 23 North 69'2920" East 1384.95 feet to the Point of Beginning of the parcel herein described; thence North 00'32'30" West 367.45 feet; thence North 88'24'46" East 300.00 feet; thence South 00'32135" East 60.00 feet; thence North 89'2446" East 980.26 feet to the north -south 114 section line or said Section 23; thence South 00'42'05' East 309.14 feet to the center of section of said Section 23; thence along the east -west 114 section line of said Section 23 South 89'29'20" West 9281.12 feet to the Point of Beginning of the tract or parcel herein described. Parcel Contains 9.48 acres more or less. SUBJECT TO any easements, *restrictions, reservations or rights - of - way of record; AND Lots 70, 71 and 91, Naples Groves and Truck Co's Uttte Farms No. 2 as recorded In Plat Book 1, page 27, Public Records of Collier County, Florida; Parcel contains 30.68 acres more or less, SUBJECT TO any easements, restrictions, and rights -&- -way of record. AND A tract or parcel of land Vng In Section 26. Township 5o South, Range 2S East, Coldfer County, Florida, more particularly described as follows: wo fcmo+.aas.. • Paget MAY -30 -2002 16:3? SIJPRPC P.14i18 OR; 3138 PG; 2392 The west 1/2 of said section 26; AND The southeast 114 of said Section ZS: AND The southwest 1/4 of the northeast 1/4 of said Section 26; AND The southwest 1/4 of the southeast 1/4 of the northeast 1/4 of said Section 28; SUBJECT TO AND TOGETHER with an egress easement, ingress - 60 feet wide, lying 30 feet on each side of the west fine of the aforesaid fraction of a section as recorded In O. R. Book 283, page 359, Public Records of Collier County, Florida: Parcel contains 55a.88 acres more or less. Subject to any easements, restrictions or rights -of -way of record. AND A tract or parcel of land lying in Section 36, Township 50 South, Range 25 East, Collier County, Florida, more particularly described as follows: Beginning at the northeast comer of said Section 36; thence South 00'18'30" West along the east fine of said Section 36 for 151 8.00 feet; thence North 87'2825" West 5329.09 feet to a point on the west line of said Section 36; thence along the west line of said Section 35 North 00'19'40" East 1254.00'feet to the north line of said Section 36;, thence along the north line of said Section 36 North E9"41'10" East 2865.95 feet to the north quarter corner of said Sec€3on 36; them continuing along said north tine North 8F 41`16" East 2659.04 feet to the Point of Beginning. SUBJECT TO any easements, restrictions, reservations cr rights - of - way of record. Containing 169.43 acres more or less. Total Parcel contains 2415.41 acres more or less. WilsonKiler, Inc_ "� --q� /,/ !'� W-tL&- Michael H. Maxwell, PSM 44550 Not valid unless embossed vAth the Professional's seat. Ref. 4d -112 PIN: N0229 -001 -010 Date: October 10, 2001 e412ow a.sn Nzzwnasrss .o Paga3 MAY -30 -2002 16:38 SWFRPC P.15/18 p ' , LEGAL DESCRIPTION OF PDA SITE, 83*ACR.ES OR: 3138 PG; 2393 Description of PDA Parcel Being a part of Section 19, Township 50 South, Range 26 East and Part of Section 24, Township 50. South, Range 25 East, Collier County, Florida (Sable Bay) Ali that part of Section 19, Township 50 South, Range 26 East and Section Z4, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 24; Thence along the east line of said Section 24, South 00 °94'17" West 173.15 feet to the Point of Beginning of the parcel herein described; Thence leaving said section line along the southwest right of way line of Tamiami Trail (U.S. 41) South 39 004'27" East 643 -93 feet; Thence leaving said right of way tine South 03 °07'44" West 210.69 feet; Thence South 50 °55'33" West 109.02 feet; Thence South 39 °04'28° East 223.02 feet; Thence North 50 °55'33" East 250.55 feet to a point on the southwest right of way line of said Tamiam! Trail (U.S. 41); Thence along said right of way line South 39 °04'27' East 86.00 feel; Thence- leaving said right of way line South 50'55'33" West 449.00 feet; Thence southwesterly- 4.39 feet along the arc of a circular curve concave to the southeast having a radius of 8.00 feet through a central angle of 31 °2625" and being subtended by a chord which bears South 35 °12`20" West-4.34-feet; -Thence South 19 °29'07" West 4.70 feet; Thence southwesterly 28.53 feet along tine are of a circular curve concave to the northwest having a radlus of 52.00 feet through a central angle of 31 °26'25" and being subtended by a chord which bears South 35012'20" West 28.18 feet; Thence South 50 055'33" West 17.08 feet; Thence southwesterly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31'47'18" and being subtended by a chord which bears South 66 °49'12' West 10.95 feet; Thence South 50 °55'33" West 107.35 feet; Thence South 39 °02'44" East 896.09 feet to the northwest line of a 120' drainage easement as recorded In OR Book 157, pg, 269, Collier County Public Records, Collier County Florida; Thence along said easement line South 40 052'10" West 40.63 feet; Thence leaving said easement line North 39 °02'44" West 935.42 feet; Thence North 74 011'12" West 273.05 feet; 'thence South 61 °44`41" West 65.3$ feet; Thence southerly 71.66 feet along the arc of a circular curve concave to the west having a radius of 90.00 feet through a central angle of 45'45'41" and being subtended by a chord which bears South 16 008'08' West 69.99 feet; Thence South 39 °00'59° West 25.13 feet; Thence southerly 34,2014ei-along the arc of a circular curve concave to the eastfiavirrg a radius of 60.00 fee through a central angle of 32 039'20' and being subtended-by a chord which bears Soutli 22 °41'19' West 33.74 feet; ... Thence South 06 021390 West 50.13 feet; ' IKaples Fort Myers Sarasota 8radent0rt rompa TallshassVe >� vsvon �ma.r 8 V BalleYLMA &A42�fJ IVaFaft FTm'da 341 -&S0i 841- 84 9-4040V 84t -643 -5778 W*w wffsa mMe, cam • K71iCallfllSr,Jrrc. - Fi ua/ ccY�ooas7a G� 17 MAY -30 -2002 16:38 SWFRPC P.16i18 4R; 3138 PG; 2394 Thence southwesterly 240.08 feet along the arc of a circular curve concave to the north having a radius of 130.00 feet through a central angle of 105 °48'48" and being subtended by a chord which bears South 59 °16'03" West 207.39 feet;. Thence North 67 °49'33" West 60.39 feet; Thence northwesterly 120.79 feet along the arc of a circular curve concave to the northeast having a radius of 280.00 feet through a central angle of 24 °43'02" and being subtended by a chord which bears North 55 °28'02" West 1 19.86 feet to a point of reverse curvature; Thence westerly 154.54 feet along the arc of a circular curve concave to the southwest having a radius of 170.00 feet through a central angle of 52 005'09" and being subtended by a chord which bears North 69 °09'05" West 149.28 feet to a point of reverse curvature; Thence westerly 149.00 feet along the arc of a circular curve concave to the north having a radius of 658.56 feet through a central angle of 12 057'48" and being subtended by a chord which bears North 88 °42'46" West 948.68 feet to a point of reverse curvature; Thence southwesterly 200,48 feet along the arc of a circular curve concave to the south having a radius of 400.00 feet through a central angle of 28 042'58" and being subtended by a chord which bears South 83 °24'38" West 198.38 feet to a point of compound curvature; ' Thence southwesterly 89.67 feet along the arc of a circular curve concave to the south having a radius of 720.55 feet through a central angle of 07 °07'50" and being subtended by a chord which bears South 65 028'75" West 89.61 feet to a point of reverse curvature; Thence southwesterly 231.31 feet along the arc of a circular curve concave to the north having a radius of 330.00 feet through a central angle of 40 009'39" and being subtended by a chord which bears South 82 °00'09" West 226.60 feet to a point of compound curvature; Then:.e northwesterly 534.66 feet along the arc of a circular curve concave to the northeast having a radius of 1964.47 feet through a central angle of 26 °13'25" and being subtended by a chord which bears North 62 036'02" West 529.97 feet to a point of compound curvature; Thence northerly 240.24 feet along the arc of a circular curve concave to the east having. a radius of 155.00 feet through a central angle of 88 °48'19" and being subtended by a chord which bears North 08 °59'45" West 216.91 feet; Thence North 35 024'25' l=ast 170.65 feet; Thence northwesterly 13.12 feet along the, arc of a circular curve concave to the northeast having a radius of 1017,00 feet through a central angle of 00 °44'20" and being subtended by a chord which bears North 51 "30'12' West 13.12 feet; Thence North 51 °08'02" West 1192.89 feet; Thence northwesterly 459.98 feet along the arc of a circular curve concave to the southwest-having a radius of 708.00 feet through a central angle of 37 013'28" and being subtended by a chord which bears North 69 °44'46" West 451.93 feet to a point of reverse curvature; Thence northwesterly 58.20 feet along the are of a circular curve concave to the north having a radius of 200.00 feet through a-central angle of 16 °40'24" and being subtended by a chord which bears North 80 "01'18' West 58,00 feet; Thence North 71 °41'06" Vilest 68.54 feet to a point on the south right of way line of Thomasson Drive (S.R. 664); WMM4z"al.., P. 17/18 OR: 3138 PG: 2395 Thence along said right of way line in the following two described courses; 1. North 89 °35'35" East 520.56 feet; 2. North 89 °42'30" East 2587.54 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record Containing 83.07 acres more or less Bearings are based on the east linebf Section 24 being South 00 °14'17" West. By Date Michael H. Maxwell, P. &M. LS# 4650 Certificate of Authorization # LB-43 Ref. 4D -110 MAY -30 -2002 16 :38 O. 1= �fClPP��Et SI,lFRPC Opp 3138 FG;��� P•18i1B PDA N%ASTER PLAN z Ln v N m CD c v j D C!T T>F cn ° ®� PDA ATM PLAN tilllf81' . L' ✓J• .({.row - .�gilr T —iv�yw OR: 3138 PG; 2397 EXHIBIT 4B -1" Sketch of Donated - Land for Project in area of PDA MAY -38 -2882 15 38 SWFRPC P. 81101 r 1�ri its.ni.V s A:J�. A. �.. 0 . GG) O c • w 40000, PDA MASTER PLAN TDTRL P. X31 OR: 3138 PG: 2399 EXHIBIT 44B -2" Legal Description and - Sketch of Xeric Lane Miller OR. J J P 1; 2400 New Directions in Pianning, Design & Engineering Description of EXHINT B2 Xerix Lane PAGE I of 4 Being a part of Section 24, Township 50 South, Range 25 East Collier County, Florida Sabal Bay All that part of Section 24, Township.50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 24; - Thence along the east line of said Section 24 South 00 014'17" West 173.15 feet to a point on the southwesterly right of way line of Tamiami Trail (U.S. 41) Thence leaving said section line along said right of way line North 39 °04'27" West 157.97 feet to a point on the south right of way line of Thomasson Drive (S.R. 864); Thence along said right of way line South 89 042'30" West 497.63 feet to the Point of Beginning of the parcel herein described; Thence leaving said right of way line southwesterly 54.99 feet along the arc of a circular curve concave to the southeast having a radius of 35.00 feet through a central angle of 90 °01'32" and being subtended by a chord which bears South 44 °41'45" West 49.51 feet; Thence South 00 °19'01" East 102.40 feet; Thence southerly 575.95 feet along the arc of a circular curve concave to the northeast having a radius of 862.50 feet through a central angle of 38 °15'37" and being subtended by a chord which bears South 19 026'50" East 565.31 feet; Thence South 38 034'38" East 30.24 feet; Thence easterly 55,25 feet along the arc of a circular curve concave to the north having a radius of 35.00 feet through a central angle of 90 °26'36" and being subtended by a chord which bears South 83 °47'56" Ezst 49.69 feet; Thence South 46 015'05" West 145.59 feet; Thence northerly 54.71 feet along the arc of a circular curve concave to the west having a radius of 35.00 feet through a central angle of 89 °33'24" and being subtended by a chord which bears North 06 °12'04" East 49.31 feet; Thence North 38 °34'38" West 43.37 feet; Thence northerly 626.03 feet along the arc of a circular curve concave to the northeast having a radius of 937,50 feet through a central angle of 38 °15'37" and being subtended by a chord which bears North 19 026'50" West 614.46 feet; Thence North 00 °19'01" West 102.46 feet; Thence northwesterly 54.96 feet along the arc of a circular curve concave to the southwest having a radius of 35.00 feet through a central angle of 89 °58'28" and being subtended by a chord which bears North 45 018'15" West 49.49 feet to a point on the south right of way line of said Thomasson Drive; Thence along said right of way line North 89 °42'30" East 145.00 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record Containing 1.42 acres more or less Bearings are based on the east line of said Section 24 being South 00 °14'17" West. By M / Date 1 ^3d -OZ Michael H. Maxwell, P.S.M. LS# 4650 Certificate of Authorization #LB-43 Ref. 4D -115 Naples Fort Myers sarasota Bradenton - Tampa - Tallahassee cndoz- 104=16 ve . o 11 Kew r 3200 Bailey Lane, Suite 200 �3 N,'Ples, Flo idJ 34105 -8507 941- 649 -4040 931 -643 -5716 N0229- 018 -D00. - 0 www. wilsonmrrler, corn IVII"" Afllf I I ( I, / f l' -1 :011" 1 /'? 1.". "? Wilsonmiller New Directions In Planning, Design & Engineering OR: 3138 PG; 2401 FXHIBIT B2 PACE 2 of 4 Description of Rattlesnake Hammock Road Phase 1 Being a part of Section 24, Township 50 South, Range 25 East and Section 19, Township 50 South, Range 26 East, Collier County, Florida Sabal Bay All that part of Section 24, Township 50 South, Range 25 East and Section 19, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 24; Thence along the east line of said Section 24 South 00 014'17" West 173.15 feet to a point on the southwesterly right of way line of Tamiami Trail (U.S. 41) Thence leaving said section line along said right of way line South 39 004'27" East 223.49 feet to the Point of Beginning of the parcel herein described; Thence continue South 39 004'27" East 134.68 feet; Thence leaving said right of way line South 50 058'45" West 320.87 feet; Thence South 64 °28'30" West 51.42 feet; ` Thence South 50 058'45" West 313.09 feet; Thence South 42 027'07" West 80.93 feet; Thence South 50 °58'45" West 198.83 feet; Thence South 64 °28'30" West 52.38 feet; Thence southwesterly 207.58 feet along the arc of a circular curve concave to the north having a radius of 810.00 feet through a central angle of 14 °40'59" and being subtended by a chord which bears South 56 058'30" West 207.01 feet; Thence North 25 041'00" West 120.00 feet; Thence southeasterly 160.62 feet along the arc of a circular curve concave to the north having a radius of 690.00 feet through a central angle of 13 020'15" and being subtended by a chord which bears North 57 038'53" East 160.26 feet; Thence North 50 °58'45" East 231.13 feet; Thence North 46 °15'05" East 145.59 feet; Thence North 50 °58'45" East 167.09 feet; Thence North 64 028'30" East 23.70 feet; Thence North 49 056'38" East 86.58 feet; Thence North 06 °43'09" East 5.68 feet; Thence North 50 °58'45" East 269.40 feet; Thence North 64 °28'30" East 51.42 feet; Thence North 50 °58'45" East 42.83 feet; Thence northeasterly 13.78 feet along the *arc of a circular curve concave to the northwest having a radius of 35.00 feet through a central angle of 22 °33'34" and being subtended by a chord which bears North 39 041'58" East 13.69 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 3.66 acres more or less Bearings are based on the east line of said Section 24 being South 00014'17" West. By i%? -kl� & X11 Date 3 U" O Z Michael H. Maxwell, P. M. LS# 4650 Certificate of Authorization #LB-43 -� Ref. 4D -115 Naples Fart Myers - Sarasota Bradenton . Tampa - Tallahassee V30102.10 2iO V On -XS, k, 3200 Bailt2y Lane, Suile 200 Naples, f106W 34105 -8507 - 941- 649 - 4040 W 941 -643 -5716 N=0-0181000 0 www. wilsonmiller.com 11: I:000 )70 CA 4:1 WilSOMMMOr N; 3138 PG; 2402 P,/&:. !n P,�,l;tnrn . UesJgn 5 fn�lu��enng EXHIBIT B2 PAGE 3 of Description of Rattlesnake Hammock Road, Phase 2 Being a part of Section 24, Township 50 South, Range 25 East, Collier County, Florida (Saba[ Bay) All that part of Section 24, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 24; Thence along the east line of said Section 24 South 00 °1417" West 173.15 feet to a point on the southwesterly right of way line of Tamiami Trail (U.S. 41) Thence leaving said section line along said right of way line North 39 °04'27" West 157.97 feet to a point on the south right of way line of Thomasson Drive (S.R. 864); Thence along said right of way line South 89 °42'30" West 2587.54 feet; Thence South 89 °35'35" West 26.43 feet to the Point of Beginning of the parcel herein described; Thence leaving said right of way line southeasterly 161.72 feet along the arc of a circular curve concave to the southwest having a radius of 840.00 feet through a central angle of 11 °01'50" and being subtended by a chord which bears South 56 038'57" East 161A7 feet; Thence South 51'08'02" East 1350.48 feet; Thence southeasterly and northeasterly 777.35 feet along the arc of a circular curve concave to the north having a radius of 690.00 feet through a central angle of 64 032'58" and being subtended by a chord which bears South 83 °24'32" East 736.89 feet; Thence South 25 °41'00" East 120.00 feet; Thence northeasterly 42.52 feet along the arc of a circular curve concave to the north having a radius of 810.00 feet through a central angle of 03 °00'28" and being subtended by a chord which bears North 62 °48'46" East 42.52 feet to a point of reverse curvature; Thence southeasterly 16.42 feet along the arc of a circular curve concave to the southwest having a radius of 38.50 feet through a central angle of 24 026'12" and being subtended by a chord which bears South 81 017'29" East 16.30 feet; Thence southwesterly and northwesterly 979.80 along the arc of a circular curve concave to the north having a radius of 820.00 feet through a central angle of 68 °27'43" and being subtended by a chord which bears North 85 °21'54" West 922.54 feet; Thence North 51 °08'02" West 1350.48 feet; Thence northwesterly 493.52 feet along the arc of a circular curve concave to the southwest having a radius of 720.00 feet through a central angle of 39 016'24" and being subtended by a chord which bears North 70 °46'13" West 483.92 feet; Thence South 89 °35'35" West 37.63 feet; Thence North 71 °41'06" West 62.31 feet to a point on the south right of way line of said Thomasson Drive; Thence along said right of way line North 89 °58'19" East 494.14 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 6.94 acres more or less Bearings are based on the east line of said Section 24 being South 00014'17" West. By 1 � Marcus L. Berman, P.S.M. LS# 5086 Certificate of Authorization #LB -43- Ref. 4 D -115 Date: October 15, 2002 Naples Fort Myers Sarasota Tampa Tallahassee Panama City Beach . ', ?;� .'l J; Vt :, ,''r"'J, Ir:AINI' �)- i /- liaJ -� 040 a �7 1alaax- 1a�o v"r. ost. nttfen„�„ _ -1 I ti.l.i Ji 1Ii wo www Ivilso nidle9.eva) No2_1018 DON .0 t: .. OR: 3138 PG: 2403 POINT OF BEGINNING RATTLESNAKE HAMMOCK ROAD PHASE TWO 3765' + s.d9'ss'S5'r. + - r ram- .- N 0 T AL AT TED T 54611 R4r COINIL 1RACf 'X7URW I ss cyro,,�'ygy''ko Rb +'o l + ?� �o + 14+4 0.0iup Lf 57979V7r. 4.r u S5o75aSrc f7or 44 53075'37'fI. 751 L< S89'sd'!6'I. 51,.76• LS 161*44' 1'W. 77305' L8 S61Y4.41'1►. 6538' 47 SJ9'0o5TW, 2513' Ld so57r:�'W, sass 19 WJ57473'E Id25r 1 r0 S.51'od L72'•E 14519• L11 S31147 /7,L 5453' L11 SS03S7J'Ir ).71' UJ K6T�9:7J'K 30.39' B -(1) f.>tOI.XLO R: MW]OI 1/61 ww w /�.w � 604 fit9 600M ?.YA: YICIMGL CURVE FABLE R�Q10' JQ 6 41 912.511 31r.w 6 2 770' W r6•ze 19J4r 1569' 4M..9r S sw 11'or50' 16r.7r 81.11' 161.47 4 690• 64'32581 777.J5' 435.77 7J6A9' 5 55' arm,,. 54.7f' 34.77 49.31' 6 9J75' 33'1377, 46.W' 325.19' 614.46' 7 .35' d9wzr 54.96' 34.93' 49.49' d J5' 9Pofir 54.99' 35.02' 49.51' 9 662.1' 'Jr15:77' 375.95 29518- 365.311 10 SS' 0? %:7,6' 6623' UJr 49.60' I1 31' 2737,.34' r5 7d' 0.98' fS69' 17 df0' !!4039• 20759' IN W 207.01' IS 690' 7370•'3' 150.6r C7.6r 160.26' rA 400' !17673' 4.-W 235 4.7,4' 2A 1244' .717675 2153' 14.64' 2618' .34 20.00' JJ'471r 11T 5.69' 1095' 4A 9a W' 4545'4r 71.88' J7.98• 6799' 5A 60.00• ST3970' 54.2' r758• u74• 64 IJO.IA7' 105'4848' 240.A5' 171.93' 207.39' 7A 7d0.00' N'4J4r 120-79, 61.55• 119.861 64 170.00• SZ'a W 15!.54' d30r 149-VI 9A 65636' 173746' 140' 74.dr I"MI rGA /Oa00' 2dYZ3d' 2w..id' 10239' 196.38' ffA 7.11.53' 070774 69.67 4.69' d9.6f• M4 JJ0.00' 40'OW:W 231.71• 120.45' 1766' r54 1761.47 76'ld75" 5J4.6r 27215• 529.9r IIA 135.00' orfrlr 24424• 15fd 77691' 154 MAW 675T76' M07 541.61' 900-7 164 J sr 61ISr9' 41.4r 2ior• .14.5• 17A 135.50' 9!;!8'52" 7x674' 139.45• 191.36' 164 158.50' 49173rd 1!9.051 834d' Tr5.42' - r ram- .- N 0 T AL AT TED T 54611 R4r COINIL 1RACf 'X7URW I ss cyro,,�'ygy''ko Rb +'o l + ?� �o + 14+4 0.0iup Lf 57979V7r. 4.r u S5o75aSrc f7or 44 53075'37'fI. 751 L< S89'sd'!6'I. 51,.76• LS 161*44' 1'W. 77305' L8 S61Y4.41'1►. 6538' 47 SJ9'0o5TW, 2513' Ld so57r:�'W, sass 19 WJ57473'E Id25r 1 r0 S.51'od L72'•E 14519• L11 S31147 /7,L 5453' L11 SS03S7J'Ir ).71' UJ K6T�9:7J'K 30.39' B -(1) f.>tOI.XLO R: MW]OI 1/61 ww w /�.w � 604 fit9 600M ?.YA: YICIMGL 75873(' .1 XERIC LANE 75' RA — ,A,cr'r K itL G.UL l.(1L • Oif. 1 FARM wr *r INAGE XE —POINT 0 BEGINNING\ i XERIX LA POINT OF COMMENCEMENT uira NE CORNER SECTION 24 TRACT "� •� N v POINT OF BEGINNING rRAcr \�M� RATTLESNAKE HAMMOCK ROAD PHASE ONE 7 44 f. TRACT nucr �5 TRACT 'jr PW OF BET.*#" 7EW*O far M4%1&' EA ONT rELPNbRr MAO"X t Mane? AktX rASELM AS REL7fD 9r OA DOW , O 0 wit* Willer SKI?•CH OF DESCRIPTION 14nr.M .1�.r. -hr ~r OF 5ELrX4V ?I, T -50 -S. R-25--E ANO �rs.�..wn`+sar.w.rr•.�se -k MrA- �.�.�..r•�. T Or SrC7XW 19. T -50 -S R -26 -E GLUIER Cow7Y, ow`� cri FB3 WLI,cn •� NOT A SURVEY •• SEE ATTACHED FOR LEGAL DESK -" COWER ENTERPRISE. EXHIBIT 'B' HO779 1 >�. RArr7ama Prilsr 7 VE" m 8r PEAT r0 CmLo? C"4rr JTW Ac{= • j �' RATRISMOT R-AM 2 0SD1 ATO W P%AT TO OOU" CUMY 6.W AanS XDVX L4W OEAC.UM 8Y PEAT TO COLLER COUl7Y !.42 ACRES MAWAC£ 1.An HON- f7CZ115M1�E EISAtr]:T W =AM COLWN t ?.92 ACRES :lam DUN" Sy' &E HW- {xa-MW V-SUM 7C ariJEx CO(R/rr 0.& ACRD PW OF BET.*#" 7EW*O far M4%1&' EA ONT rELPNbRr MAO"X t Mane? AktX rASELM AS REL7fD 9r OA DOW , O 0 wit* Willer SKI?•CH OF DESCRIPTION 14nr.M .1�.r. -hr ~r OF 5ELrX4V ?I, T -50 -S. R-25--E ANO �rs.�..wn`+sar.w.rr•.�se -k MrA- �.�.�..r•�. T Or SrC7XW 19. T -50 -S R -26 -E GLUIER Cow7Y, ow`� cri FB3 WLI,cn •� NOT A SURVEY •• SEE ATTACHED FOR LEGAL DESK -" COWER ENTERPRISE. EXHIBIT 'B' HO779 1 >�. EXHIBIT Bl OR: 3138 PG: 2405 ............ ........ XERtC 1.42 ACRES 11 RATTLESNAKE HAMMOCK Err. PHASE TWO S-44 ACRES 4DRARY DRAINAGE EASEMENT 12.92 ACRES RATTLESNAKE HAMMOCK EXT. PHASE ONE 3.66 ACRES PHASE TWO OR: 3138 PG: 2406 71UPORARr DRAINAGE EASEMENT (SWAM) 0.94 ACRES Miller CLAN% COWER LAND DEVELOPMENT, INC. - rm_r_ IMPACT FEE EXHlBrT A PRCJECr.. W SABAL BAY 2 ff OR; 3138 PG: 2407 EXHIBIT 4B -3" Legal Description and Sketch for Temporary 0.84 acre,, Temporary Easement for Drainage in area Irils6aMiller New Directions in Planning, Design & Engineering OR; 3138 PG; 2408 EXHIBIT B ? PAGE 1 of 2 Description of Temporary Drainage Easement Being a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (CDC) All that part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the northwest corner of said Section 19; Thence along the west line of said Section 19 South 00 °14'17" West 173.15 feet; Thence leaving said section line along the south w* est right of way fine of Tarniami Trail (U.S. 41) South 39 004'27" East 1109.03 feet; Thence leaving said right of way line South 50 °55'33" West 449.00 feet; Thence southwesterly 4.39 feet along the arc of a circular curve concave to the southeast having a radius of 8.00 feet through a central angle of 31 °26'25" and being subtended by a chord which bears South 35'12'20" West 4.34 feet; Thence South 19 °29'07" West 4.70 feet; Thence southwesterly 28.53 feet along the arc of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31 °26'25" and being subtended by a chord which bears South 35 °12'20" West 28.18 feet; Thence South 50 °55'33" West 17.08 feet; Thence westerly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31 °47'18" and being subtended by a chord which bears South 66 049'12" West 10.95 feet; Thence South 50 °55'33" West 107.35 feet to the Point of Beginning of the easement herein described; Thence South 39 °02'44" East 896.09 feet; Thence South 40 °52'10" West 40.63 feet; Thence North 39 002'44" West 935.42 feet; Thence North 89048'16" East 51.36 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Containing 0.84 acres more or less Bearings are based on the west line of Section 19 being South 00 014'17" West. By -'Z - ;/h Date Michael H. Maxwell, P.S.M. LS # 4650 Certificate of Authorization # LB -43 Ref. 2D -75 Naples Fort Myers Sarasota sradenton Tampa Tallahassee S::s7f01 89003 Ver. DV KDNkY 32Q0 BJilc,y Lane, Suile 2UU Nsples, Floii�;; 34JD5 -& 7 00. . 0 947- 649 -4Q4Q 9d t- 643 -5716 I`.>� c.. N0:.9 -010 0M wrlsonmitler. com Y.71 >unnfKA.v,,u. I' 1 4. e (U LO00 110 to 43 Sad P.C.C. NO. RADIUS 1 8.00' 2 52.00' 3 20.00' 4 90.00' 5 60.00' 5 130.00' 7 280.00' 8 170.00' 9 658.56' 10 400.00' 11 720.55' 12 330.00' 13 1164.47' 14 155.00' 15 810.00' 16 38.50' 17 135.50' 18 138.50' DEL TA 31'26'25" 31'26'25" 31 '4 7' 18" 45'45'41 " 32'39'20" 105'48'48" 24'43'02" 52'05'09" 12'57'48" 28'42'58" 07'07'50" 40'09'39" 26'18'25" 88'48' i g" 67'33'26" 61'43' 19" 91 '3852" 49'15'00" OR, 3138 PG; 240 BY Al�cLLrtl�6�`�cc MICHAEL H. MAXWELL .S. M. LS J4650 CERTIFICATE OF AUTHORIZATION # LB -43 P.R.C. = POINT OF REVERSE CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE SCALE 1" =200' !Ij ARC 4.39' 28.53' 11.1' 71.88' 34.2' 240.08' 120.79' 154.54' 149' 200.48' 89.67' 231.31 ' 534.66' 240.24' 955.07' 41.47' 216.74' 119.05' \\ 05) P.C.0 TANGENT 2.25' 14. 64 ' 5.69' 37.98' 17.58' 171.93' 61.35' 83.07' 74.82' 102.39' 44.89' 120.63' 272.13' 151.8' 541.81' 23.01' 139.45' 63.48' (12) CHORD 4.34' 28.18' 10.95' 69.99' 33.74' 207 39' 119.86' 149.28' 148.68' 198.38' 89.61 ' 226.6' 529.97' 216.91' 900.7' 39.5' 194.36' 115.42' 10) U 11 v a CHORD BEARING S.35' 12'20 "W. S. 35' 12'20 "W. S. 66'49' 12 "W. S. 16'08'08" W. S. 22'4 1' 19 "W. S. 59' 16'03 "W N. 55'28'02 "W. N. 69'09'05 "W. N.88'42'454.. S. 83'24'38 "W. S. 65'29' 15 "W. S-82'00'09"141. N. 62'36'02 "W. N. 08'59'45 "W. 6.84'54'45 "E, S. 62'3856 "E. S. 7736'43" E. N.87'11'2 1 "E. v a CL � 6J T, E Q V6 . �> >� ._ < Line Bearing Dtstam L 1 S. 19'29'07"W 4.7 L2 5.50'5533 "W. 17.08 L3 5.50'5533 "W. 10735 L4 5.89'48'16 "W. 51.36 L5 N. 74' 11 ' 12 "W. 273.05 L 6 S. 61'44'4 1 "W. 65.38 L 7 S. 39'00'59 "W. 25.13 L8 S.0621 '39 "W. 50. 13 L9 N. 35'2425"E. 182.58 L 10 S. 51 '08'02 "E. 145.19 L 11 5.31'47'17 "E. 59.53 L 12 5.50'55'33 "W. 7.74 L 13 N.67- 49'33 °W. 50.39 ACTIVITY iNITwtS /EHP NO DATE APPROVED: ev �aRC is ® _,D �'ORK /CREW CHIEF wii DRAFTED. KLB 1502 g /pr Planners . Engineers . Ecologists . Su-vey rs . Landx CHECKED (:Y- MHM 1204 9/01 _ Wilsormiller. 'c lG JOK/PACE: MICHAEL H. MAXWELL PSM L54550 32008ade Lsne, Suite 200 - N Napes -Fort Myers . Sarasota Y aples fin'iG+a 34175 -!1507 - Phone 947 -6:: ?RARY DRAINAGE SENT EXHIBIT B3 PAGE 2 of 2 13 I 18 24 19, POINT OF COMMENCEMENT M' NE CORNER SECTION 24 NW CORNER SECTION 19 s j O POINT OF BEGINNING TEMPORARY DRAINAGE EASEMENT TEMPORARY DRAINAGE EASEMENT ** NOT A SURVEY ** SEE ATTACHED FOR LEGAL DESCRIPTIONS ill .b - -RLk,u-0m= DATE: CLIENT: e r 9/2001 TITLE: - SCALE. l leek . Transpoda6on Consw9anls 7"=200' :n Tampa =ax 941-647_5716 • Web -5::c *"wisorrnmarco,, Y / COLLIER LAND DEVELOPMENT SKETCH OF DESCRIPTION TEMPORARY DRAINAGE EASEMENT PART OF SECTION 24, T -50 -S, R -25 -E, & SECTION 19, T -50 -S, R -26 -E, COLLIER COUNTY, FLORIDA N0229 1 1 - 1 2D- 75 0 w I- OR; 3138 PG; 3411 EXHIBIT `B -4" Legal Description and - Sketch. of 12.92 Drainage Area in the PDA INS&l�iiller OP: 3138 PG: 2412 New Directions In Planning, Design & Engineering EXHIBIT B4 Description of Temporary Drainage Easement PAGE I of 3 Being a part of Section 24, Township 50 South, Range 25 East and Being a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (CDC) All that part of Section 24, Township 50 South, Range 26 East and all that part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows; Commencing at the northwest corner of said Section 19; Thence along the west line of said Section 19 South 00 °14'17" West 173.15 feet; Thence leaving said section line along the southwest right of way line of Tamiami Trail (U.S. 41) South 39 °04'27" East 1109.03 feet; Thence leaving said right of way line South 50 °55'33" West 449.00 feet; Thence southwesterly 4.39 feet along the arc of a circular curve concave to the southeast having a radius of 8.00 feet through a central angle of 31'26'25" and being subtended by a chord which bears South 35 °12'20" West 4.34 feet; Thence South 19 °29'07" West 4.70 feet; Thence southwesterly 28.53 feet along the arc of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31 °26'25" and being subtended by a chord which bears South 35 °12'20" West 28.18 feet; Thence South 50 °55'33" West 17.08 feet; Thence westerly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31047'18" and being subtended by a chord which bears South 66 °49'12" West 10.95 feet; Thence South 50 °55'33" West 107.35 feet to the Point of Beginning of the easement herein described; Thence South 89 048'16" West 51.36 feet; Thence North 74 °11'12" West 273.05 feet; Thence South 61 °44'41" West 65.38 feet; Thence southerly 71.88 feet along the arc of circular curve concave to the west having a radius of 90.00 feet through a central angle of 45 °45'41" and being subtended by a chord which bears South 16 °08'08" West 69.99 feet; Thence South 39 000'59" West 25.13 feet; Thence southerly 34.20 feet along the arc of a circular curve concave to the southeast having a radius of 60.00 feet through a central angle of 32 °39'20" and being subtended by a chord which bears South 22 °41'19" West 33.74 feet; Thence South 06 °21'39" West 50.13 feet; Thence southwesterly 240.08 feet along the arc of a circular curve concave to the northwest having a radius of 130.00 feet through a central angle of 105 048'48" and being subtended by a chord which bears South 59 °16'03" West 207.39 feet; Thence North 67 049'33" West 50.39 feet; Thence northwesterly 120.79 feet along the arc of a circular curve concave to the northeast having a radius of 280.00 feet through a central angle of 24 °43'02" and being subtended by a chord which bears North 55 °28'02" West 119.86 feet to a point of reverse curvature; Thence northwesterly 154.54 feet along the arc of a circular curve concave to the southwest having a radius of 170.00 feet through a central angle of 52 °05'09" and being subtended by a chord which bears North 69 009'05° West 149.28 feet to a point of reverse curvature; Naples fort Afyers Sarasota Bradenton Tampa Tallahassee ivnroI 09700 Vim. ooi -rs�a& 32010 Bailey Lane, Suile 200 Alaples, Florida 34705 -8507 C-3 941 649 1010 6 t 941 -3 57r6 r+aso,sooa. 0 www. wilsonmiller. cam YL'll�ei r�ti li(/.. l,,, I( ; 1, / 1" .: lI��II!in CA 4,1 Ecio Wilsonmiller New Directions In Planning, Design & Engineering OR; 3138 PG: 2413 EXHIBIT B4 PAGE 2 of 3 Thence westerly 149.00 feet along the arc of a circular curve concave to the north having a radius of 658.56 feet through a central angle of 12 °57'48" and being subtended by a chord which bears North 88 °42'46" West 148.68 feet to a point of reverse curvature; Thence southwesterly 200.48 feet along the arc of a circular curve concave to the south having a radius of 400.00 feet through a central angle of.28 °42'58" and being subtended by a chord which bears South 83 °24'38" West 198.38 feet to a point of compound curvature; Thence southwesterly 89.67 feet along the arc of a circular curve concave to the southeast having a radius of 720.55 feet through a central angle of 07 007'50" and being subtended by a chord which bears South 65029'15" West 89.61 feet to a point of reverse curvature; Thence westerly 231.31 feet along the arc of a circular curve concave to the north having a radius of 330.00 feet through a central angle of 40 °09'39" and being subtended by a chord which bears South 82 °00'09" West 226.60 feet to a point of compound curvature; Thence northwesterly 534.66 feet along the arc of f-a circular curve concave to the northeast having a radius of 1164.47 feet through a central angle of 26 °18'25" and being subtended by a chord which bears North 62 036'02" West 529.97 feet to a point of compound curvature; Thence northerly 240.24 feet along the arc of a circular curve concave to the east having a radius of 155.00 feet through a central angle of 88 °48'19" and being subtended by a chord which bears North 08 °59'45" West 216.91 feet; Thence North 35 °24'25" East 182.58 feet; Thence easterly 955.07 feet along the arc of a circular curve concave to the north having a radius of 810.00 feet through a central angle of 67 °33'26" and being subtended by a chord which bears South 84 °54'45" East 900.70 feet to a point of reverse curvature; Thence southeasterly 41.47 feet along -the arc of a circular curve concave to the southwest having a radius of 38.50 feet through a central angle of 61 043'19" and being subtended by a chord which bears South 62 °38'56" East 39.50 feet; Thence South 31'47'17" East 59.53 feet; Thence southeasterly 216.74 feet along the arc of a circular curve concave to the north having a radius of 135.50 feet through a central angle of 91 °38'52" and being subtended by a chord which bears South 77 °36'43" East 194.36 feet to a point of reverse curvature; Thence northeasterly 119.05 feet along the arc of a circular curve concave to the south having a radius of 138.50 feet through a central angle of 49 °15'00" and being subtended by a chord which bears North 81011'21" East 115.42 feet; Thence South 74 °11'12" East 586.65 feet; Thence South 50 °55'33" West 7.74 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Containing 12.92 acres more or less Bearings are based on the west line of Section 19 being South 00 °14'17" West. /� By M .�r.- X ..t,� Date Michael H. Maxwell, P.S.M. t_S # 4650 Certificate of Authorization # LB-43 Ref. 2D -75 02&01 -00700 Ve.. oil -",Xw C�3 NO' „^4018&000- . 0 OR; 3138 PG; 2414 8 y - m -�/' , / /./ '/'z' q - Z All MICHAEL H. MAXWELL, H S. M. LS J4550 CERTIFICATE OF AUTHORIZATION # LB -43 P.R.C. = POINT OF REVERSE CURVATURE \ \ F.C.C. = POINT OF COMPOUND CURVATURE SCALE 1 " =200' l� P.C.C. U a J t11�v (9) a P. c c. (12) �> � N0. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING J 1 8.00' 31 '26'25" 4,39' 2.25' 4. 34 ' S. 35' 12'20 "W. 2 52.00' 31 '26'25" 28.53' 14.54' 28. 18' S. 35'72'20"W. 3 20.00' 31 '4718 " 11.11 5.59' 10.95' S. 66'49'72"W. 4 90.00' 45'45'41 " 71.88' 37.98' 69.99' S. 16'08108 "W. Line Bearing Distor. 5 60.00' 32'39'20 " 34.2' 1758' 33.74' S.22'41'19 "W. 5 130.00' 105'48'48" 240.08' 171.93' 207..39' S. 59' 16'03 "W. L 1 S. 19'29'07 "W. 4. ; 7 280.00' 24'43'02" 120.79' 61.35' 119.86' N.55'28'02 "W. L2 S.50'55';3 "W. 170E 3 170.00' 52'05'09" 154.54' 83.07' 149.23' N. 69'09'05 "W. L3 S.50'55'33 "W. 107.,3E 9 658.55' 12'57'48" 149' 74.82' 148.68' N. 88'42'46 "W. L 4 S.89'48' 16 "W. 51.34 10 400.00' 28'4258° 200.48' 102.39' 198.38' S.83'2438 "W. L5 N. 74'1 1' 12 "W 273.0 11 720.55' 07'07'50" 89.67' 44.89' 89.61' S. 65'29'15 "W. L6 S.61'44'41 "W. 65.3E 12 330.00' 40'09'39" 231.31' 120.63' 226.6' 5.82'00'09 "W. L7 S.39'00159 °W. 25, 1,; 13 1164.47' 26'18'25" 534.56' 272.13' 529.97' N. 62'36'02 "W. LS S. 06'21 '39 "W. 50.1" 14 155.00' 88'48' 19" 240.24' 151.8' 216,91' N. 08'59'45 "W. L9 N 35 2425 "E. 182.51 15 810.00' 673326" 955.07' 541.81 ' 900.7' S. 84'54'45 °E. L 10 S.51'08'02 "E. 145. 1 16 38.50' 61'43'19" 41.47' 23.01' 39.5' S. 62'3856 °E. L 11 5.31'47'17 "E. 59.5. 17 135.50' 913852" 216.74' 139.45' 194.36' S. 7736'43 "E. L 12 S.50'55,33 "W. 7.7� 18 138.50' 49'15'00" 119.05' 63.48' 115.42' N. 81 ' 17'2 1 "E. L 13 N. 67'49'33 "W. 50. 5� ACTIVITY INIrwLS /EMP. NO DATE APPROVED: RESEARCH: -IELD WORK /CRE;` CHIEF wilstil � OR FTED: KLB 1502 9/01 ► CH Planners • Engncors - Ecologists. Scn'eyors - Lends CHECKED Ev; Mrrnr /20a 9101 F1E_D BG0K,�P:,GE WilsonMiller, MICHAEL H. MAXWELL, PSM L S4"O 3ZOO Be]ey Lane, Sai e 2W •Nap /cs P. da 3410 5p7e p} ona 9a�l6 'ORARY DRAINAGE 'MENT EXHIBIT B4 PAGE 3 of 3 13 I 18 24 19I 3 LO A - J w POINT OF COMMENCEMENT NE CORNER SECTION 24 NW CORNER SECTION 19 s j cSa. 5� v POINT OF BEGINNING TEMPORARY DRAINAGE EASEMENT TEMPORARY DRAINAGE EASEMENT do cS a. ** NOT A SURVEY ** SEE ATTACHED FOR LEGAL DESCRIPTIONS -�-^ RLkow -c ° DATE: CLIENT: COLLIER LAND DEVELOPMENT er 912001 TITLE: SKETCH OF DESCRIPTION ,.4 SCALE: TEMPORARY DRAINAGE EASEMENT PART OF SECTION 24, T -50 -5, R -25 —E, & SECTION cMecfs . TranspoHaGon Constganls i" -200' 19, T -50 —S, R -25 —E, COLLIER COUNTY, FLORIDA ZRDSS REFERE CE =�LE D . PROJECT NQ.: SHEET NUMBER: FILE NO.: %ton • Tamps . Fa; 941.64; -5716 . Web-SR-4c rrwwwdsamrJercom N0229 1 OF ) 2D -75 Y / 0 w 'Z7 G'� OR; 3138 PG; 2416 EXHIBIT `B -5" Conceptual Sketch of Dedicated Land to be Included in Lely Project OR; 3138 FG: 2417 rrniurr• Dc OR: 3138 PG: 2418 EXHIBIT 4B -6" Memorandum of County Regarding Drainage Requirements for Lei y Pro ject OR; 3138 PG; 2419 EXHIBIT " B -6 " MEMORANDUM OF UNDERSTANDING: STORMWATER MANAGEMENT CONSIDERATIONS FOR COMPANION DEVELOPER CONTRIBUTION AGREEMENT WHEREAS, CDC /Developer and Collier County agree that within Two Hundred and Seventy [270] days of the execution of the Developer Contribution Agreemnt containing this Memorandum of Understanding, the parties shall enter into a Companion Agreement pertaining solely to the Lely Project and setting forth the terms as outlined below: 1. Section [8] of the CDC PUD Ordinance No. 86 -77 in Section 5.06 shall be amended to read as follows: A. The Developer shall cooperate with the County Stormwater Management Department and the Big Cypress Basin Board in implementing improvements to the Lely Canal and Lely -Manor Canal as outlined in the County's Lely Area Stormwater Improvement Project (LASIP). In addition, construction of the Avalon School Outfall Canal and relief to the Fern Street drainage system shall be incorporated into the Developer's project. Specifically, the Developer, 'n cooperation with the County shall be responsible for the design, permitting and construction of the following primary water management facilities and shall be reimbursed for the costs in excess of its fair share of the construction cost. 1. Canal and OutfalI Waterway improvements on: A. Lely Canal B. Lely -Manor Canal Western Outfall* 2. Developer agrees to construct at 100% Developer cost: A. Avalon School Outfall Canal B. Fern Street Relief System B. In addition, the Developer shall agree, as a cooperative endeavor, to design, permit and construct, according to reasonable County specifications, combined salt -water barrier /water level control outfall spreader structure /lakes near the downstream end of the Lely Canal and the western outfall of the Lely -Manor Canal. Upon completion and acceptance by the County, the Developer shall, by an appropriate agreement, be reimbursed for the actual cost of constructing the salt water barrier/ water level control outfall spreader structures/ lakes exclusive of any engineering/inspection costs or costs associated with any proposed canal road crossing that may be an extension of the salt water barrier /water level control outfall spreader structures /lakes. OR: 3138 PG; 2420 C. Collier County shall reimburse CDC/Developer for all costs and expenses incurred by CDC /Developer for the design, permitting and construction of Lely Canal and Lely Manor Canal Western Outfall reduced by the proportionate share of the CDC PUD's share of those cost and expenses. The Companion Agreement shall determine the basis of the reimbursement. D. Phasing of the construction of the proposed improvements to the Lely Canal and the Lely -Manor Western Outfall Canal stormwater management facilities shall be coordinated with the various drainage systems. It is anticipated that construction will be completed one [ I ] year after final permitting is obtained for the amended CDC PUD. No certificates of occupancy shall be authorized, except in the PDA area, until all associated improvements to the Lely Canal or the Lely -Manor Western Outfall Canal (whichever is appropriate) have been constructed by the Developer and approved by the County. E. The Developer shall provide the County with appropriate easements associated with the above- described proposed Lely Canal and Lely -Manor Western Outfall Canal stormwater management facilities, including the salt water barrier /water level control outfall spreader structures /lakes, in order for the County to properly operate and maintain said facilities. The easements shall provide the County with appropriate access to maintain those casements. The County will reimburse Developer I'0,- the easements that shall be provided within three [3] years of either the Developer's construction of the Lely Canal and Lely -Manor Western outfall Canal stormwater management facilities, including the salt -water barrier /water level control outfall spreader structures /lakes, the platting of the property, or the County's written request for the easement dedications. Valuation shall be based upon an appraisal as set forth in the Land Development Code. The parties shall determine the date of valuation within the Companion Agreement. F. As the above considerations relate to the LASIP improvements within the boundaries of the CDC, it shall be understood to relate to those improvements deemed appropriate by the approved permits issued by SFWMD and the USCOE. G. In the event of a dispute, the County's Alternative Dispute Resolution Procedures shall be utilized. H. The County's share of the costs of construction of the Lely Project shall be reimbursed to CDC/Developer within sixty [60] days of completion of the construction. *Cooperative effort with County, Lely Estates, Inc. and Texas Industries Corp. or assigns. AS TO COUNTY Attest: Dated: i Q c d -_ DW,.GIIT '. BR ze K ; r'l; rk• Attest . xo' fRt�Bit'i° BY, AS TO COLLIER LAND DEVELOPMENT: WITNESSES: Print Name: 1 Signature Print Name: 6-n4eYm K , [C LL-- Signature STATE OF FLORIDA COUNTY OF COLLIER GR$- 3138 PG; 2421 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: JA S N. COLETTA, Chairman JEFFREY M,.BIRR, Vice President Title: The foreaoino instrument was acknowledged before me this day ofAL r, 2002, by L� on behalf of Ca(n) Corporation /Company. On behalf of the corporation and limited liability company He /She is E e, or [q} as produced driver's license no. CL l�(ilv,tc LrCEiVf� as Identification. k�L A 41,1P NOTARY/PUBLIC (SEAL) Name: d, -t rAf /wl . (Type or Print) ^~ Approved as to form and legal sufficiency: My Commission Expires: tsiue 1ne Hubbard Robinson stant County Attorney 1HR/Collier Development/Memorandum of Understanding ode( O��Y A » KnT:1FtvOT AA tRhIY E CCMit[$S,py++tr18Eq 'Ilea IOaP WyCQU►AU� XPMs ""T 2920t)< OR: 3138 PG: 2422 EXHIBIT "C" Engineer's* Estimate of Probable Costs OR: 3138 PG; 2423 EXHIBIT C PAGE I of 8 Thomasson Drive and Xeric Lane Engineer's Opinion of Probable Costs of Roadway Construction and Improvements Associated with the Public Roadways Prepared For: Collier Land Development, Inc. 3003 Tamiami Trail North, Suite 400 Naples, F,- 34103 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 -8523 October, 2002 10,'1(V2002- IC6583 V,•1 (MI Lit ORA C_, NI220.0.'2-001 c 1$I7C : 1ii1: EXHIBZTO� 8 OR: 3138 PG: 2424 Engineer's Opinion of Provable Cost, 10 /02 NVilson�lMiller, Inc:. Drawing File No's D- 0229 -48 and D- 0229 -58 Total Cost ( County Poo -tion (o /0 I County Portion ($} Xeric Lane; $229,038 50% $114,819 Thomasson Drive Phase 1 $744,771 75% $558.578 Thomasson Drive Phase 2 $1,260,110 75% $945,083 Retention / OutEall 72.5% $123.907 FDOT - US 41 $379,512 75% $284,b34 Engineering / Surveying / Permitting / Certification $270,000 72.5% $195,750 Total $3,055.062 $2,222,861 Assumptions: 1. Unit prices were taken from contractor's contract. 2. For the FDOT portion, the Clearing & Grubbing, Excavation & Embankment, and Striping & Signage prices were assumed to be 3011j0 of the total contract cost. 3. The Retention / Outfall costs do not include the cost of land. 4. The Engineering / Surveying / Permitting / Certification projection is based on approximately 9.7% of construction costs for Xeric Lane, Thomasson Drive Phases I and 2, Retention / OutfaIl and FDOT - US 41. 5. The County Portion Percentages were furnished by Collier Enterprises on I0/7/02 based on their agreements with Collier County. JOHN C. ENGLISH, p E. John C. Eng ish, P.E. �--' WILSON MILERN LICENSE - � 5161 XC C000170 License No. 56171 10116/2002 - x506578 14 • L i=U)RA N0229 022 001 .E SDC I`f C PAGE 3 of 8 OR. 3138 PG; 2425 PAGE Engineer's Opinion of Probable Cost, 10/02 NVilsonk iller, Inc. Drawing File No. D- 0220 -48 Xeric Lane ]tell] Units Qa;tntity Unit Price Tot ;1l Price EmIn ork 111[1 [ntitall � �til,tittlaiit Silt Fcncc CY LF 10,027 1.600 $6.50 - $1.25 $65.175.50 $2.012.55 Subtotal S67,2:�13,05 llav ins 1" TNpc S -III Asphalt SY 2.920 $2.65 $7.7.;1.(1(1 3" T\ e S -I As halt SY 2.920 $6.70 $19.56.1.00 10" Limcrock Base SY 2,920 $6.75 $19.710.00 12" Stabiliicd Subj;mdc T� c "F" Ct1rb SY LF 1.55(1 1.(125 $1,10 $6.95 $3.905,00 $11. 3(1 1.1 FDOTP- 6lnicts EA 6 $1.750.00 $IO.500.00 4" COTIMIC Slde\t'alk (6' n idc) Stri tine (thcnua )lalicy SF LS 9,660 1 $1.85 $2.950.00 $17.914,91 $2.950.00 Relocation of Exislinc FPL Polc LS 1 $6,000.()() $6 o00 00 Subtotal 599,583.05 Stonn Dmina gc 1" RCP LF 513 $16.21 $1.315.73 30" RCP LF 364 $18.02 $6.559.28 Curb Inlct. Tv pc P -6 EA 6 $2.010.00 g 12,060.00 $ 1 53.1 00 24" Mitered End Section EA 2 $767.00 $2fi.50 Rip-Rap SY 35 $927.50 Subtotal 529,396.5I Lighting 30' Street Light Poles EA 5 $4,500.00 $22,500.00 Subtotal $22,500.00 Landscaping Sod SF 8,000 $0.30 $2,4(10.00 anon LS 1 $8,500.00 $8,500.0o $101900,00 Su btatal Total 5229,63$ 1 015 612 00 2. 0106579 14 - LFLORA P:0_219 022 001 FSN EXHIBIT C PACs 4 of 8 OR; 3138 PG; 2426 Engineer's Opinion of Probable Cost, 14/02 WilsonN ilier, Inc. Drawing File No. D- 0229 -48 Thomasson Drive Phase I Item [)nits Quantitt Unit Price Total Price Ean hwork Fill Install K ltiMintain Silt Fcncc Subtuia! CY LF 22.560 1. < >GU $6.50 $1 25 $146.6110.00 $1082.5; 5t.lx,7z2.;� f ;,� ins, I" Stn,ctural Comsc tT \pc S -M) SY 13.5~2 $2.65 $35.y1)2.30 Stnoctural Course (Ty pc S) 10" Lintcrock Base SY SY 13.582 13.582 $6.70 $0.75 $90,999.4o $91.740.24 12" Stabiliicd Sub rack SY 16.30O $I . l0 $17v30.00 .LF T� pc "F" Club FDOT P -5 Inlets EA 4-420 5 $6.�)j $1.75n.t)0 `�3c).731).Ov $8.75t).00 FDOT P -6 inlets EA 5 $i.7SO.00 S .7_ O.00 $xSF -3" Concrete Sidcnafk (0' aide) Stri in l (tl,ermo Iastic) LS 1_,,7.1(► 1 $1.85 $9.950.00 $i.10O.t)(> $25_ -}x 1.45 S'9.95(),()() S'9.95(),()() Si _na�c LS I $I.IOO.UO Relocation of Esistin,: FPL Polc LS 1 $1.50 {).00 $1 5OO UO Subtotal 5322,932.4' Store, DminaLc 1 S' RCP LF fit) $16 21 $972.60 i x" RCP LF 220 $1 x.02 $3.96-1.00 ��„ RCP LF 346 $26.11 $9.137.55 58 RCP LF 138 $93.3 t $12.376,.78 5.1' RCP LF 952 $1 iO.73 $105.114.96 Cvrb Inlet, T� e P -5 Curb Inlet. T�• e P -6 Curb Inlet. TN e J -5 EA EA EA 2 4 3 $1,700.00 53,100.00 $2,010.00 $x,0.10.00 $3,350.00 $10.050.00 Curb Inlet. T� e J 6 EA 1 $3,060.00 $3,060.00 Junction Boe EA 3 $1.700.00 $5.100.00 5 Concrete Head��aii EA I $1,600.00 $1,600.00 Suu btotal $163,61 15.89 Landsca in ROW Landsca in Subtotal MI 0.23 00 $3,000.00 $69.U(lO.00 S69,000.00 Liglttin 30' Street Light Poles EA 9 $4 500 00 S40 500 00 S40,500.00 Subtota! Total 5744,771 10/16f''002 - 0106576 vd - t FLORA x:;;':_90.2 Cot rSrC PAGE BSTof 8 OP,; 3138 PG; 2427 Engineer's Opinion of Probable Cost, 10/02 WilsonMiller, Inc. Drawing File No. D- 0229 -58 Thomasson Drive Phase 2 Item Units Quantity Unit Price Total Price I;1 rt 11« ork Fill CY 47.000 V, 50 $.;05,500,O11 Install and M;Iilltalll 5111 1"CIIce LF 4.020 $1.71 V.043,2 7 Clcarim- AC 4 $2.661,43 $93315.00 Stripping Topsoil. 4" CY 4.590 $1.40 $6.426.00 Lakc E.\ca ation to Plan Fills CY 47.365 0. 1.60 $75,75.1.()0 Finishiva to 0.2" AC 9 $755.00 $6.6172.50 Backfill Islands and Medians CY :.595 $4.11) $14-739,50 subtotal 5423,4811.27 Pavlm! Removal of E.\istine .Asphalt SY 1.574 $3.00 $4.72 00 Install Rum I,F 300 $j0(1.0U $1c).0t10,0O MOT I.ti ( $;,000 0u $,,000 00 I" Stnlctural Course ("1'� e S -111) SY 15.I- oo O5 $41.207.50 Sinlctural Conrsc ("1Npc S) SY 17.041 $0 70 $1 14.174,70 10" Linlcrock Base SY 17.04 t $61.75 $114,949.29 12" Stabilized Submide SY 20,300 $1,10 $22330.00 Type "F" Curb LF 9.000 $6.95 $62.590.91 FDOT P -6 inlet EA 10 $1.750.00 $17.500.00 4" Concrete Sidewalk SF 33.200 $1.85 $61.570.91 Striping (thermoplastic) LS I $8.500.0o $8.500.00 Sisna e LS 1 $500.00 $500.00 Relocation of Existing FPL Pole LS 1 $6,000.00 $6.000,00 Subtotal 5489,045.31 Stomi Drainage 15" RCP LF 215 $16.21 $3.485.15 18" RCP LF 615 $18.02 $11.081.18 24" RCP LF 638 $26.41 $16,849.00 30" RCP LF 1,092 $35.72 $39,004.25 Curb Inlet, Type P -6 EA 10 $2,010.00 $20,100.00 Grate Inlet, Type C EA 5 $1,200.00 $6,000,00 Junction Box EA 4 $3,400,00 $13,600.00 Conflict Box EA 1 $4.100.00 $4.100.00 18" Mitered End EA 4 $650.00 $2,600.00 30" Mitered End EA 3 $980.00 $2,940M Rip-Rap Subtotal SY 50 $26.50 $1,325,00 5121,08.1.59 Landscaping ROW Landscaping Subtotal M1 0.47 $300.000.00 $141.000.00 5141,1100.00 luntir-'Uu� 9105578. v4 LFLORA Mp�'_90.2Lot [SOG EXHIBIT C Engineer's Opinion of Probable Cost, 10/02 PACE 6 of $ Wilson Nliller, inc. Drawing rile No. D- 0221 -58 Thomasson Drive Phase 2 !tent Unils Quantity Unit Price Total Price Li,-duinlu ;n' Street LiLdil Poles Sublotal EA 19 $4.5(1(} t)O gS5.500.00 SHi,�E1(1.t111 Total S1,260,1 10 OR: 3138 PG: 2428 10/16;:00:. - 10657$ v4 - [H URA IJO: _[7 0-2 i_01 ESC;C. Engineer's Opinion -of Probable Cost, 10/02 EXHIBIT C WilsonMiller, Inc. Drawing File No. D- 0229 -48 PAGE 7 of 8 Retention / 4utfall Itcnt Units Qunntil} Unil Price 'i'nt:ll Price E.xc.tt•ation & Mobiha Fill (Collier Comm Blasting,, Permit AC 1 1.4 $2-15,00 2.7().3•(1! Blastin <u Notices LS I $1.070.00 $1M70,01 Blass Drillinu K Blastin., AC 8 $1 3.(1{1!1.(1(1 $107250.Ot Lake Escavation to Plan Fills CY 121. _5 $f.bts $19S.9S-t.Ot Lakc E .\c ;w:i0 its (n- Innts') or to Stock pile CY 126 620 $1.30 $164.600.Ot Subtotal S474,703.0( Oull'011 Drainal-c 24, E2CE' LF 504 $20.41 Junction Box E ?A 2 } ;.100.nts i(1.SUts.csc Contra! Structure EA I S3.30(w0 w3.3u0.ut 24" Concrete Headwall E.A 1 $, 1.0!1(1.00 y LOOt1.Ot Rip-Rap SY 90 $26.50 $2..353,0( 0( Mitered End Section EA 2 $7G7 00 St 385 Subtotal S28.329.1� ---,, 34% of Toul Outfall Costs 4R, 3138 PG; 2429 10116/2602 - u10657N c4 1 POiNA S171,031 UR: 3 1 J"8 'PG:'- 2'430 '--"- Engineer's Opinion of Probable Cost, 10/02 EXHI BIT C Z� PAGE 8 of 8 WilsoniNfiller, Inc. Drawing File No. D-0229-48 ii'Do'r - US 41 Item Units Unit Price Total Pricc Enilmork ()o $11.55(wo M;IIII(C11.111ce ol"Trilfic m (m $ 4. 11.' , o oo Lxcmanoji mid Emb;mkinem LS S I 175 -$1 I..i 5o, oo S42.450.00 Paving 12" Stabilized SUbgmidc SY 1.127 $4.55 $5,127.85 $16.00o.()() 6" ABC-] 11 As shalt (J- Ijnc) SY 1. 03 1) $15.40 2 1/2" S-I Asphalt (Rivc) SY 1.O39 $6.35 S6.597.65 S 3) 0, 5 0 1 1/2" S-I Asphalt (N-filled Arc;i) Sy $4.25 I" FC-.' ) SY 5,705 `3.75 521.39;.71 2" Millim-, of Existim., Asph;)II SY 4-6(,0 15- 3')7.~11 ',' -, 59 70 SX6. 1) 0 7. 4 TN pe E CurbLF silknital LF 2146 Storm Drairmp 367° RCP LF -037 -$64,35 $40,990.9-;; T�pc 3-8 Marificic (9, x EA 1 $6.50 1 .m $6.501,() 3 30" MES EA 3 $2.415,00 $7-2-15.7)7) Subtotal S-54,736.9-5 Misc. 6' Gravity Wall LF 50 $W25 $4.462.50 Aluminum Handrail (Bicycle) LF 5 0 $36.75 $1,837.50 Stripingand Signage LS 1 $3- 465,00 -F,,4(75 00 Sodding (Bahia) SY 1.62 0 $1.40 signaliz,111011 LS 1 $183.384.17) Subtotal S 195,417. j o Total 5379,512 701 1612002 c106578 14 - LFLORA ESDC OR; 3138 PG; 2431 EXHIBIT "D" Ledger for Road Impact Credits for'Cash OR: 3138 PG: 2432 EXHIBIT "D" COLLIER LAND DEVELOPMENT, INC. CASH PREPAYMENT ROAD IMPACT FEE CREDIT LEDGER FOR RATTLESNAKE HAMMOCK REALIGNMENT IMPORTANT: This Road Impact Fee Credit Ledger is intended to Document the balance of Read Impact Fee Credits applying ONLY to the following Property described in Exhibit "A -I" attached hereto:: BEGINNING BALANCE $2,222,861.00 DATE PERMIT NO. ROAD IMPACT FEES DUE IMP /.CT FEE CREDIT BALANCE- County Official Developer Representative (Signature) (Signature) $ I$ WilsOnMillef OR: 3138 PG: 2433 New Directions in Planning, Design & Engineering EXHIBIT A PAGE 1 of 5 Description of all of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 East, and part of Section 19, - Township 50 Sou'.h, Range 26 East, Collier County, Florida All of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follows: Section 19, Township 50 South, Range 26 East, Collier County, Florida, lying south and west of State Road 90 ( U.S. Highway 41 - Tamiami Trail); LESS those lands described in O.R. Book 2605 page 2481_ Lands described in O-R. Book 2605 paoe 2481 sfi elated order of taking: That portion of the south 1/2 of Section 19, Township 50 South, Range 26 East, Collier County Florida. Being described as follows: Commence at the southwest comer of said Section 19, North 88`19'24" east, 1315.118 meters (4,314.68 feet) to the survey baseline of State Road 90 (U.S. 41); thence along said survey baseline, North 39 °01'59" West, 19.173 meters (62.90 feet); thence South 88 °19'24' West, 19.173 meters (62.90 feet); thence South 88 °19'24" West 57.518 meters (188.71 feet} to the westerly existing right of way line of said State Road 90 (per Section 03010 -2216) for a POINT OF BEGINNING; thence continue Souiti 88 °19'24" West, 152-400 meters (500.00 feet); thence North 01 °40'36" West 50.720 meters (1Q6.40 feet); thence North 88 °19'24" East, 113.683 meters (372.97 fee[) to said westerly existing right of way line; thence along said westerly existing right of way line, South 39 °01'59" East, 63.809 meters (209.35 feet) to the POINT OF BEGINNING. Containing 6747.8 square meters x1.667 acres). Bearings are based on the south right -Of -way Me of US 41 being South 39 °01'59' East. Being Better Described as follows: All that part of Section 19, Township 50 South, Range 26 East, Collier County Florida; Being Described as; Commencing at the southeast comer of said Section 19; thence along the south line of said Section 19, South 88 °10'01" West 657.39 feet to the survey baseline of State Road 90 (U.S. 41); thence continuing along the south line of said Section 19, South 88 °10'01" West 188.42 feet to the westerly right of way line of said State Road 90 (U.S. 41); thence along said right of way line North 39 °04'27" West 62.81 feet to the Point of Beginning of the Parcel herein described, said point being the north line of a drainage easement as recorded O.R. Book 2605, page 2482; in thence along said line South 88 °10'01" West 500.00 feet; thence leaving said line North 01 °49'59" West 166.40 feet to a point on a line Eying 166.40 north of and parallel with the north line of a drainage easement as recorded in O.R. Book 2605, page 2482; thence along said line North 88 °10'01" East 373.51 feet to the westerly right of way line of said State Road 90 (U.S. 41); thence along said right of way line South 39 °04'27" East 209.02 feet to the POINT OF BEGINNING of the parcel herein described. Containing 1.67 acres. Napier Fort Myers Sarasota Tampa TaIla bass ee 3?A� Bailcy 1 a re, Suite 200 Nsplos, Florid.? 341D5 911 - 649 -4040 n 941-643 -5716 [y L:S':OU7. O4e10 Yd: Ott- :�-.�4 C..o u�-^>a.n ooi. c Nnvw. wilsonmi!lcr. com wu: unnl:rrrr fna — !L 11. / L i:000llo Panama City Beach t�lils, Miller OR: 3138 PG: 2434 New Dir=60ns In Pbnninp, Design d Enpineerinp EXHIBIT A PAGE 2 of S SUBJECT TO a drainage canal easement (Walker Canal 120 feet wide) - extending from the southwesterly right way - of - way of State Road 90 (U.S. Highway 41 Tamiami Trail) to the west line of said Section 19, as recorded in O.R. Book 157, page 269 of said public records; ALSO SUBJECT TO a Florida Power & Light Company transmission line easement (110 feet wide) extending from said southwesterly right way - of - of State Road 90 to the south Dine of said Section 19 as recorded in O.R- Book 194, page 601 of said public records; SUBJECT ALSO fe t of saidSection0 drainage 19 as ero ded in O.R. (50 feet wide) lying Book 532 page120 of said Public Records; of the south 50 s, AND ALSO SUBJECT TO any easements, restrictions, reservations or rights - of - way of record. Containing 247.09 acres more or less. AND Section 24, Township 50 South, Range 25 East, Collier County Florida, lying south of State Road No. 5 -864 (Thomason Drive) and tying south and west of State Road 90 (U.S. Highway 41 Tamiami - Trair); EXCEPTING THEREFROM the north 1891.01 feet of the west 1290.01 feet of said Section 24; SUBJECT TO a Florida Power & Light Company easement as recorded in O.R. Book 857, page 1037 of the Public Records of Collier County, Florida; ALSO SUBJECT TO a right of way easement for public road as recorded in O.R Book 1345 page 908 of said public record ALSO SUBJECT TO a utility easement as recorded in O.R. Book 1346, page 1693 of said public records; AND ALSO SUBJECT TO any easements, restrictions, reservations or rights way of record; Containing 599.72 acres more or less. AND Section 25, Township 50 South, Range 25 East, Collier County, Florida; SUBJECT TO any easements, restrictions, reservations or rights - of - way of record; Containing 6 5-7.07 acres more or less. AND The Southwest One Quarter of Section 23, Township 50 South, Range 25 East, Collier County, Florida, EXCEPTING THEREFROM the waters of Tide Creek; ALSO EXCEPTING THEREFROM the following described parcel; Be-ginning at the west 1/4 comer of said Section 23; thence along the east -west 114 section line of said Section 23 North 89 °29'20" East 1384.95 feet; thence South 00 °32'30" East 200.00 feet; Y'Y_'00f -Mate V— Ott - t -aM Cu Paget I Iso,�lVtiller New &,n ors In PjUnning, DOM d Enpineering EXHIBIT A PAGE 3 of OR; 3138 PG; 2435 thence South 89 °29'20' West 916.48 feet; thence South 00 °06'08" East 453.00 feet; thence South 89 °2920" West 470.01 feet to the west line of said Section 23; thence along said tine North 00 °06'06" West 653.00 feet to the Point of Beginning of the parcel herein described. Containing 150.39 acres more or less. AND A tract or parcel of land lying in Section 23, Township `50 South, Range 25 east, Collier County, Florida, being more particularly described as follows: Commencing at the west 114 comer of said Section 23; thence along the east -west 114 section line of said Section 23 North 89 °29'20" East 1384.95 feet to the Point of Beginning of the parcel herein described; thence North 00 °32'30" West 367.45 feet; thence North 89 °24'46" East 300.00 feet; thence South 00 °32'35" East 60.00 feet; thence North 89 °2446" East 980.26 feet to the ncrtit -south 114 section fine of said Beckon 23; thence South 00 °42'05" East 309.14 feet to the center of section of said Section 23; thence along the east -west 1/4 section line of said Section 23 South 89 °29'20" West 1281.12 feet to the Point of Beginning of the tract or parcel herein described. Parcel Contains 9.4-8 acres more or less. SUBJECT TO any easements, restrictions, reservations or rights - of - way of record; AND Lots 70, 71 and 91, Naples Groves and Truck Co's Little Farms No. 2 as recorded in Plat Book 1, page 27, Public Records of Collier County, Florida; Parcel contains 30.68 acres more or less. SUBJECT TO any easements, restrictions, and rights -of -way of record. AND A tract or parcel of land lying in Section 26, Township 50 South, Range 25 East Collier County, Florida, more particularly described as follows: t. The west 1/2 of said section 26; AND The southeast 114 of said Section 26: AND The southwest 1/4 of the northeast 114 of said Section 26; AND The southwest 1/4 of the southeast 114 of the northeast 1/4 of said Section 26; SUBJECT TO AND TOGETHER with an egress easement, ingress - 60 feet wide, lying 30 feet on each side of the west line of the aforesaid fraction of a section as recorded in O. R- Book 283, page 359, Public Records of Collier County, Florida; Parcel contains 550.88 acres more or less. Cw �oisoos.. o Page3 Cru �iiD -016CtTY- 0 tl� ISM''Miller OR: 3138 PG: 2436 New Direrrians in Punning, Design & Engineering EXHIBIT A PAGE 4 of 5 Subject to any easements, restrictions or rights- at-way of record. AND A tract or parcel of land Eying in Section 36, Township 50 South, Range 25 East, Golfer County, more pariicttlariy desc -bed as follows: _ P3orida, Beginning at the northeast comer of said Section 36; thence South 00'1 SW West along the east line of said Section 36 for 1518.00 feet; thence North 87 °28`25 West 5329.09 feet to a point on the west line of said Section 36; thence along the west fine of said Section 36 North 00.19'40• East 1254.00 feet i the notch Fine of said Section 36; thence along the north Fine of said Section 36 North 89'41'10' East 2665.95 feet to the north Quarter comer of said Section 36; thence continuing along said north line North 89'41'16' East 2659.04 feet to the Point of Beginning. SUBJECT TO any easements, restrictions, reservations or rights - of - way of record. Containing 169.43 acres more or less. Bearings are Based on the Southwest Right- of-way of US 41, being South 39 °04'27' East Plane Coordinate System, Florida East Zone, NAD 83 Adjustment} (per State Total Parcr.I contains 2414.74 acres more or less, WilsonMiiler, Inc. r 1 Gt, / .. Michael H. Maxwell, PS #4650 Not valid unless embossed with the Professional's seal. Ref. 4d -112 PIN: N0229- 001 -010 Date: Oat ober 10, 2001 Revised: O '—ober 10, 2002 Pagc4 S0 3 ySR It r.r pi i 30 31 D R OR: 3138 PG: 2438 sfr .�.vir: aw tr [,;,a s..+rr'r Vn- .r•rYr' f.r r s.r � r fa na ....II . ��6 ¢wnT S1�6P d_ wawa r rV Ie• • iq. l7 r Ir. .r~i fC r4r, l.r � Y� r oyr rrr! w�� r.1 wr ti �w ra rc.c r..cr..i CM ' s... (A la'1 • ��V rY.� . w1/ ..yr1 c 0 t� N 1 r N arec o� • -- a �... r sr. r. ,r c� rte. [.•.5 n'..r r P /.S r.... —•L�r a.Q IlII lw �_ Iwrr. d[ M � JOr.. `rd r_uY r.•� ..r r err r o Nz . U rw ... wr>r• .. 6n rr. rar re .� w rrlrar r . n �. lOJC r.r! rw Yr FnTr'r Y�Y r a. rr P W 3� aDP -dMi V 1r'r.r_rr IM r rrNirr .r r _' naaa ru r r � s no�c yea r.rJaort_ Prl r.rw..�wrrP.r P Rll .Ij L rrpYr �err.r w.�rl ` r1r I r Yr 4 /o N.t Ij . tuvnm r>•4 r.. r1 rr I.r (� xMSY r emm ..e nrry ... r r I/O :r lYY I.I rr ..r r f. rr iMil'!rl J^�]i l.rr r r •r.r.Y -Ir r s V r wr Irr er b NS iiO 7b Pw .iWiyuerr� i i.i r YF rrLrr_V L i13[CI b . rr.r r.1 r.rr nYr o.r LV 1 Ybb .r 19 1 10 \X� 30 I 29 w• K a! I r r r r L r X sue f610. r. ar6r b , w ti� •.• �-. �� r err • ac cID rrrO AA =.w r w rr�r .. T b w r.rr ry �� tM w r Ltii d D.u.• I >.r II Vrr t.:vrc hOVar r ._.. r rr Gr �naw.e roes r rrti .,....r •r a/. w.rr_V r•_ � bYaV im_ r.T fir. am .rr rnYNw1411 rr� rr rrr.er r dLr. r�r.l w rrP .1 w. ir+r+rY wrrr _ Irr.r ` rr..lN�rri.1P L .rr1P r r r =r� r r rs rr .rss oaar r >oe rrc w es•� u rmm rr; ecs' 4r rem w .n.! tr. ratre •w r r �Lr r.rrr f✓t .ba M r/ r M bwlwM_� +.r r.r� -r th wdrrrr w�i u � wnna�r W�U�r r M. Orr ilw�..rr r� luv flms. Il 4C. A -r r�� � rryrr -r -ti SX£TCH OF DESCRIPTION mm L`q'r• Ir+r.Pr. r..Tfr. CY_yr r r ,__ n r Ir+ i $� I1 k x w i �-.. eP z� wr a r �� � L.r R r•+.. b Sr .Vw .t 4 [.lr r...e rl.r Y.f9 .� Ca7LU (niuPrce Prnpc firx lMrrM+•o_tirM<w'_ -r ]e -1111 4 .t R Ia5 fw.1e N G Mn /r•.sr « • .r . r.rr / �. r... try x r.rr/frr �rx >e_ x �. rrr Nrr<...r rhr r�rl r.r� T Dr A✓< Lr.r tiw Irr ra.allr tf w w_ r r �_fl0a. x asry ♦ .. w w Jo_ 2 r arsca' r usx r r . rmr rr two rcr m'.I'Y' 4 xe.N r r t✓ i 1..0 fm tr a. arr 1 c,.rr ar r.-. r� /r. w u rrrc rr..e L Ortt r ..r41 N Y O,R msc.R r wec.e rwle �nww rr aarn.i r roc ra a. noPr raela s.r,v r.rq CIUCR DMOPYINT CORPORdnON G7s-04'L6T ' f r i I fti 177 s OR: 3138 PG: 2439 EXHIBIT "E" Ledger for Construction Contribution OR: 3138 PG: 2440 EXHIBIT "E" COLLIER LAND DEVELOPMENT, INC. CONSTRUCTION COSTS CASH REIMBURSEMENT LEDGER FOR RATTLESNAKE HAMMOCK ROAD REALIGNMENT IMPORTANT: This Road Impact Fee Credit Ledger is intended to Document the balance of Road Impact Fee Credits applying ONLY to the 1'01lo\,,-ing property described in Exhibit "A - I" attached hereto: BEGINNING BALANCE: $1,503,660.00. This Roud Impuct Fee Reimbursement Amount i.e not uvuiluble wild all rouclwa'Vs subject to Developer Contribution Agreetllellt are completed, accepted bt the Coway and open to the public'. The two 121 roudivuYs and iniprovenlents subject toJ°nal Colllplettott before reiinbursement lire: ThoMMUS011 Drive, Xeric Lcnle, Retelltioll/Outfall and FDOT — US 41 Illtprovements us set J('lrth in Developer Colltribr.ction Agreement. DATE PERMIT NO. ROAD IMPACT FEES DUE IMPACT FEE CREDIT BALANCE County Official Developer Representative (SiImature) (Signature} I I k $ $ $ $ $ $ WjjSj;jMjjjer' OR$ 3138 PG; 2441 New Directions in Planning Design & Engineering EXHIBIT A PAGE I of Description of all of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida AJI of Section 25 and part of Sections 23, 24, 26, and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 Soulh, Range 26 East, Collier County, Florida being more particularly described as follows: Section 19, Township 50 South, Range 26 East, Collier County, Florida, tying south and west of State Road 90 ( U.S. Highway 41 - Tamiami Trail); . LESS those Iands described in O.R. Book 2605 pane 2481: Lands described in O.R- Book 2605 Page 2481 stipulated order of takin That portion of the south 1/2 of Section 19, Township 50 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the southwest comer of said Section 19, North 88 °19'24" east, 1315.118 meters {x,314.68 feet) to the survey baseline of State Road 90 (U-S. 41)• thence along said survey baseline, North 39 °01'59" West, 19.173 meters (62.90 feet); thence South 88 °19'24" West , 19.173 meters (62.90 feet); thence South 88 °19'24" West 57.518 meters (188.71 feet) to th e westerly existing right of way line of said State Road 90 (per Section 03010 -2216) for a POINT OF BEGINNING; thence continue SOutt) 88 °19'24" West, 152.400 meters (500.00 feet); thence North 01 °40'36" West, 50.720 meters (166.40 feet); thence North 88 °19'24" East, 113.683 meters (372.97 feet) to said westerly existing right of way line; thence al sting right r ong said westerly exis way line , South 39 °01'59" East, 63.809 meters (209.35 feet) to the POINT OF BEGINNING. of Containing 6747.8 square meters (1.667 acres). Bearings are based on the south right -of -way line of US 41 being South 39 °01'59' East Being Better Described as follows: AJI that part of Section 19, Township 50 South, Range 26 East, Collier County Florida; Being Described as; Commencing at the southeast corner of said Section 19; thence along the south line of said Section 19, South 88 °10'01" West 657.39 feet to the survey baseline of State Road 90 (U.S. 41); thence continuing along the south line of said Section 1.9, South 88 °10'01" West 188.42 feet to the westerly right of way line of said State Road 90 (U.S. 41); thence along said right of way line North 39 °04'27' West 62.81 feet to the Point of Beginning of the Parcel herein described, said point being the north line of a drainage easement as recorded in O.R. Book 2605, page 2482; thence along said line South 88 °10.01" West 500.00 feet; thence leaving said line North 01 °49'59" West 166.40 feet to a point on a line lying 166.40 north of and parallel with the north line of a drainage easement as recorded in O.R. Book 2605, page 2482; thence along said line North 88 °10'01" East 373.51 feet to the westerly right of way line of said State Road 90 (U.S. 41); thence along said right of way line South 39 °04'27" East 209.02 feet to the POINT OF BEGINNING of the parcel herein described. Containing 1.67 acres. Naples Fort Myers Sarasota Tampa Tallahassee Panama Clty Beach ors- meta var. 1200 Bailey Lane, Suile 200 NapLcs. Florida 34105 941- 649 -4040 q 9.11- 643 -5716 c:n_ays. ac -,.y. wo TIL^.)O 16003- - o www- wilr7onrniller com n utpne HUei ln: -- rc ic i [: C: JOI "o INISO,�% %//'1` OR: 3138 PG: 2442 New DifccVDns In Penninp, D=ipn 6 Engineennp EXHIBIT A PAGE 2 of 5 SUBJECT TO a drainage canal easemeni (Walker Canal 120 feet wide) - extending from the southwesterly right way - of- way of State Road 90 (U.S. Highway 41 Tamia ni Trail) to the west line of said Section 19, as recorded in O.R. Book 157, page 269 of said public records; ALSO SUBJECT TO a Florida Power & Light Company transmission line easement (110 feet wide) extending from said southwesterly right way - of - of State Road 90 to the south line of said Section 19 as recorded in O.R- Book 194, page 601 of said public records; ALSO SUBJECT TO a drainage easement (50 feet wide) lying over and across a portion of the south 50 feet of said Section 19 as recorded in O.R. Book 532, page 120 of said Public Records; AND ALSO SUBJECT TO any easements, restrictions, reservations or rights - of - way of record. Containing 247.09 acres more or less. AND Section 24, Township 50 South, Range 25 East, Collier County, Florida, lying south of State Read No. S 864 (Thomzsson Drive) and tying south and west of State Road 90 (U.S. Highway 41 Tamiami - Trail); EXCEPTING THEREFROM the north 189" .01 feet of the west 1290.01 feet of said Section 24; SUBJECT TO a Florida Power & Light Company easement as recorded in O.R. Book 857, page 1037 of the Public Records of Collier County, Florida; ALSO SUBJECT TO a right of way easement for public road as recorded in O.R. Book 1345, page 908 of said public record ALSO SUBJECT TO a utility easement as recorded in O.R. Book 1346, page 1693 of said public records; AND ALSO SUBJECT TO any easements, restrictions, reservations or rights way of record; Containing 599.72 acres more or less. AND Section 25, Township 50 South, Range 25 East, Collier County, Florida, SUBJECT TO any easements, restrictions, reservations or rights'- of - way of record; Containing 657.07 acres more or less. AND The Southwest One Quarter of Section 23, Township 50 South, Range 25 East, Collier County, Florida, EXCEPTING THEREFROM the waters of Tide Creek; ALSO EXCEPTING THEREFROM the following described parcel; Beginning at the west 114 comer of said Section 23; thence along the east -west 114 section line of said Section 23 North 89 °29'20" East 1384.95 feet; thence South 00 °32'30" East 200.00 feet; wa�a1,goo a v -, o1FWy. eiw Paget W YsOnMiller OR: 3138 PG: 2443 New DirrcUons In Planning, Dzipn & Engineering EXHIBIT A PAGE 3 of thence South 89'29'20" West 916.48 feet; thence South 00 °06'08" East 453.00 feet; thence South 89 °29'20" West 470.01 feet to the west Fine of said Section 23; thence along said line North 00 °06'06" West 653.00 feet to the Point of Beginning of tl:e parcel herein described. Containing 150.39 acres more or less. AND A tract or parcel of land lying in Section 23, Township 50 South, Range 25 east, Collier County, Florida, being more particularly described as follows: Commencing at the west 1/4 comer of said Section 23; thence along the east-west 114 section line 6f said Section 23 North 89 °29.20• East 1384.95 feat to the Point of Beginning of the parcel herein described; thence North 00 °32'30" West 367.45 feet; thence North 89 °2446" East 300.D0 feet thence South 00 °32'35" East 60.00 feet; thence North 89'2446" East 980.26 feet to the north -south 114 section line of said Section 23; thence South 00 °42'05" East 309.14 feet to the center of section of said Section 23; thence along the east -west 1/4 section line of said Section 23 South 89 °29'20" West 1281.12 feet to the Point of Beginning of the tract or panel herein described. Parcel Contains 9.48 acres more or less. SUBJECT TO any easements, restrictions, reservations or rights - of - way of record; AND Lots 70, 71 and 91, Naples Groves and Truck Co's i.ittie Farms No. 2 as recorded in Plat Boole 1, page 27, Public Records of Collier County, Florida; Parcel contains 30.68 acres more or less. SUBJECT TO any easements, restrictions, and rights -.Of -way of record. AND A tract or parcel of land tying in Section 26, more particularly described as follows: Township 50 South, Range 25 East, Collier County, Florida, The west 1/2 of said section 26; AND The southeast 1/4 of said Section 26; AND The southwest 114 of the northeast 114 of said Section 26; AND The southwest 1/4 of the southeast 114 of the northeast 114 of said Section 26; SUBJECT TO AND TOGETHER with an egress easement, ingress - 60 feet wide, lying 30 feet on each side of the west line of the aforesaid. fraction of a section as recorded in O. R. Book 2$3, page 359, Public Records of Colter County, Florida; Parcel contains 550,88 acres more or less. �' -�JD1- La016 Vr. OS4 iG,ty Ctiw '01600.1.. Q Page3 Ua.y �01M1mY -p HisdaMiler OR: 3138 PG; 2444 New Di=U'nns In PLvrning, Design 6 Engineering EXHIBIT A PAGE 4 of S Subject to any easements, restrictions or rights-of-way of record. AND A brad or parcel of land tying in Section 36, Township 50 South, Range 25 East, - Collier County, Florida, more particularly described as follows: Beginning at the northeast Comer of said Section 36; thence South 00'18'3Q• West along the east line of said Section 36 for 1598.00 feet; thence North 87 °28'25" West 5329.09 feet to a point on the west line of said Sec on 36• thence along the west line of said Section 36 North 00'19'40' East 1254 00 feet to fhetnorth line of said Section 36; thence along the north line of said Section 36 North 89 °41'10' East said Sermon 36; 2665 95 feet to the north quarter comer of thence continuing along said north fine North 89'41'16' East 2659.04 feet to the Point of Beginning. SUBJECT TO any easements, restrictions, reservations or rights - of - wa Containing 169.43 acres more or less. y of record. Bearings are Based on the Southwest Right -of—ay of US 41, being 39 °04'27' East Plane Coordinate System, Florida East Zone, NAD 83 Adjustment) (Per Stcte Total Parcel contains 2414.74 acres more or less. Wilsonhi flex, Inc. `;'/rrf� t�lichaei H. Maxwell, PS Not valid unless embossed with the Professional's seal. Ref. 4d -112 PIN: N0229-001 -010 Date: October 10, 2001 Revised: October 10, 2002 PagL -4 j .id Qr t IIIIIII/II�Ifs •ply r !F C i! e� J 1 7 J it (� r�s�. �. �.•... X [.w.tir ..rw�r J..rrr / •S r.r .r �.� M JJ21 .... r w..v . as r. ]•m r .•.� r r r rn r s..w nt yam.,, y M•Y r.... .�.rrJ....n rr17! r IJrf rY r•. (Ur....rJ r ..Y w'.: ra..� �Nt •� rr a+'r xrn •..r /ws�ru ..._ s.. rrrlr ... rr rn �. (ai rt rr Y rrl T' r LJY w• /�lrr�rM�.. r.•w/r.r oh fey wNMr a.- bear uq +.lAC r/r X.rY [.r rte• rwra.e.Yf (...[ r +. b LA rrw N rra r a.� . � �� n J'•� _ Na ..F ✓r r.. r Lr r o r. r .r.. ,•,. r _ _ r. r J.m n•. l.q r v 1r rear• r ym r rw Mrt/'!.r J'ltlr r r . ^•.+r .v arrrJrr vbNt ar �srw..rc wa.+e....�alri `��_ rY 4•f b .. Y r r.r . SD Ir. IJ{t ay 1aQT b . wr.r W r .../ - r. rr r r.r.• Y r+o.rarrb� Yr..r r..rrr arw... y�+r •�W + - •r-�rr• M T r1 I .fir l� r-irl.. ea �a qb •' .r. ro r .w�..M ...r�Y�..•r. uwu; l.•w r OR: 3138 FG, 246 rte• ..e J� �r [�[ L"r°'4 rs+•.r -a t+ r sr iY.r r to rte n.. u/ L.O. >b r... r. rr.r. •. r. rw ..r,:r• :rr w r ' K .r16 ¢1lrrrrs 1.mrrya a. . n.r I...r r 1] r nr O • i.c. r 6_.. Cw_, 4_...w. u Cry. [r r t.a.. rlrr. l..ur 0..r_ Crr.r Q •• . VrrW•Tl Q)r'7 4rrrr. 14 I t ID y shy -Mwr Yw w. rr ..rr r rr r. r)tt •rr+r .r r_r ya L�Qr.iC M...Y r w ••• rrri.:rn 1•e RTar x .e.4r ! • 4 •r Ol A. RVIY.1.. �_r ^. 4 r r t•r .r• V lNt r so :oor a u/o a w .—ra w sr.rr� a. nwr.. s... a •-r. Om'rC rOOi. r r.rr. r V <! ^lXx._c •ores r W� ss r....•rrr Wr�rr)r [F �. r..• r r -� W r.r r I r a.r u w rear r1 [XUr .� �J... errr arr rrwrlrxraan rrrr •. r r a.t.r u r...t ry r r.wr• r.r .s .r. ,.rrwr.►irry _. b i...•r..r a ._ trrrr <ry Yrwrr�r Wrt. r.rw rr..�.• r Y _r rw r....rt 0rra' r Jve ... rw w�v srrr r_ w oJTa'(r rs .rrt �r+W �rwrF..ru •� 1rr= W[rs M r r r J..w u sr `ae- r ucu r • r ter•• Y.�1 ._I • .r 4_ SXL7CN OF DFSCRip71ON .rsra. r_. r.r rf fr 2l X X_ JL L_wL.errnr Colter [nloyrtte P(eoryfilt �r JPrar1 Y N t • • ~!J. Ir\ r_ r/ Y. [..rte rLY r.r.. wr JN wwr r r DIT�y r V.• y Lt 4 D r.[ W .r�r r..r r.. rw�.• wrr. __�.rnrrrv.x rrlhrrr.rr y.r rs.R r ..rrr W . r r...rr ..• V�rr M_R LrIfQ b' reflall ✓♦ w wr r�.a . r w rr 0-• s l►..•.rtyw...rr .H.rrrnv K LtD r w �Y rr. c...• rr. rarr+wrwr�r. r+..r. r r rYr rr r r Jo_ ; Yr�L rlrae" ..r r• r r r r.r ` alalSf' Irrr ilJt. r r ...rrt_rrlrw� rr !ar•'.' lr Ja.tt r w�rwrr..r l..O.J �•• � k wyr. r. r r w.r r r••r•�r� r 0s .a 0••• r.. JM)r •e.o •e mrur ..womer �l •rterol tK tar..rr r a.r.a s. o a nm ua� y.00r r.Q COUZR DrVnDPU M CWPOR.inOA I r 1 I 0-w Ln O Ln OP; 3138 PG; 2447 EXHIBIT "F" - Attorney Title and 's Opinion of Authority of Signatory to Developer Contribution Agreement EXHIBIT EDWARDS & ANGELL, LLP COUNSELLORS AT LAW Michael E. Botos, P.A. Direct Dial: (561) 820 -0209 Emnil :address: mhotos W ealaw.com OR; 3138 PG; 2448 ONE NORTH CLEMATIS STREET. SMITE 400 WEST PALM BEACH, Fl, 33401 -5552 (5611833-7700 FAX (561 ) 655 -8719 October 17. 2002 Board of' County Commissioners of C*olller County, f:lorida _ Collier County Go %ernment c , 3301 E. Tamiami Trail Naples. FL 34112 C1 Re: Sabal Bay Commercial Plat — Phase One - Attorney's Opinion Uri Dear Commissioners: This Opinion is given as an inducement to the Board of County Commissioners of Collier County. Florida (the "County") to accept the dedication or conveyance of the real property described in the attached Exhibit `'A", which is incorporated herein by reference, said land being located in Collier County. Florida (the "Property"). The undersiuned is a licensed attorney, Florida Bar Number 160662, authorized to practice law in Florida. The unde-siygned has examined record title information to the Property, and as of' the date of this Opinion, (1) the record owner of the Property is Collier Land Development. Inc.. a Florida corporation, and (ii) there are no lienholders, liens or similar financial encumbrances upon the Property - The undersigned has examined corporate information obtained from the Secretary of State of Florida, and Collier Land Development, Inc. is current and active Within the State of Florida and has the po,.%-er and authority to convey or dedicate the Property to the County. Tile exact name and title of the person authorized to execute the instruments on behalf of Collier Land Development, Inc. in conjunction 1,vith tilt conveyance or dedication of' the Property is.ieffrey M. Birr. Vice President- MEB:nc Enclosure Very truly yours, Michael E. Botos. P.A. Florida Bar No. 160662 P:\M wv7 Is I1)I)t M111)l u\ i3MIT A Wir .. NWfit NNVPvi 00*0 Description of Rattlesnake Hammock Road OR: 3138 PG: 2449 Plxase 1 Being a part of Section 24, Towrishlp W'South, Range 25 East and Section 19, Township 50 South,' Range 26 East, Collier County, Florida Sabal Say All that part of Section 24, Township 50 South; Range 25-East and Section, 19, TovmsNp 50 South, Range 26 East, Collier t aUMy, l`loiida being mare particularly desrxitted as fo lows; Commencing at the northeast comer of said Section 24; Thence along the east line of said Sedbh 24 .South 00014'17' West 173.15 feet to a point on the southwesterly right of way One of Tatnlanli, Trail (U.S. 41 ) Thence leaving said section line akng said right of way line South 39004'27' East 223.49 feet to the Point of Beginning of the parcel herein described; Thence continue'South 39`0427' East 134.68 feet; Thence leaving said tight of way line South 50 9581451 West 320.87 feet; Thence South 84'2811x' West 51.42 feet; Thence South 50°58'45'" West 313.09 feet; Thence South 42 °27'37' West 813.93 feet; Thence South 50 058'45" West 198,83'feet; Thence South 64 °2$'30" West 52 38 feet; Thence southwesterly 207.58 feet along the arc of a circular =w concave to the noM having a radius of 810.04 feet ftough a central a of 14'40`58" and being subtended by a cfior�d which bears South 56'58'313" Vilest 207.01 feet; Thence North 25'41'ocr Wost 120.030 feet; Thence soutfisastedy 180:02'feet 8larig the are of a circular cxrfve COMMve to the north having a radius of 69o.00 feet throuoh a oentral angle of 13920115" and being subtended by a chord wNch beam, Notch S7038'rW East 160.28 feet; Thence North 50*W451 Esrst 281.13 feet; Thence North 46.1 M. ' Earst 145.59 feet; Thence Nonni 50.58'45' East 167.08 feet TImce North 64`28`31;}" East 23.70 eat Thence North 4A' U' East 86:58 fr�W4 Thence North W43'";East -6;88 Thence North 5b *5W4S ".Earst.26gAO*fiset; Theritaa North W. 2WW. East 51.42 last; Thence Norte S0"!�'45".Earst 42:83 € ot; Theaice ndrthsas terty'l3 78 feat 'A or arc of s tlar curv+` wttcao to the r'sorffrwest � � #'�krs at 3a:gQ feat t�'nt sr .ae�tral s�la.of 22'33'34* std !'�hg 8Ubtend6d by a tad %ftich -be rs NoM 39 °41'58" East 13.89 fest.W the point of BeQMnlrtg o#=tfte isart ai:t3at� descr# & subject to easstnentsand:r one of re=d, Contalning 3.66 acres mc*e or less Bearings are based on the east tine of said SecWn 24. being South 00'14.'17" Vilest ey-; .............. Date 30'"+x. Micfratei N. Maxwetli PM , t.S# 4650 OR; 3138 PG; 2450 w DhWba k Dow, 6TbWIAV Description of Rattlesnake Hammock Road phase 2 Being a part of Section 24, Township 50 South, Range 25 East, Collier County, Florida _ Sabai Bay All that part of Section 24, Township 50 South, Range 25 East, Collier County, Florida; being mom particularty described as follows; Commencing at the northeast corneir of said Section 24; Thence along the east line of Bald Section 24 South 00 °14'17" West 173.15 feet to a point on the southwesterly right of way line of Tamiarril Traq (t.i:S. 41) Thence leaving said section line along said right of way line North 39 004'27 - West 157.97 feet to a point on the south right of way line of Thomas= Drive (SR 864); Thence along said right of way one 'South 89 °42'317' West 2587.54 feet; Thence South 89 63535' West 26.43 feet to the Point of Beginning of the parcel herein described; Thence leaving said right of way Rho southeastedy 161.72 feet along the arc of a, cirewar curve concave to the -southwesthaving a raTtus of 840.00 feet through a central en& of 11'01'50" and being subtended by a chord which bears South 56'38'57" East 161.47 feet; Thence South 51'08'2" East 1350.48 feet; Thence sautheasterty and noftheasfe t 777.35 feet along the are of a: circular cUve concave to the 'horth having a radius of eW.00 feet through a certtm ang#e of 64432'58" and being subtonded by'a chord which bears South 83.24'32" East 736,8$ feet; Thence South 25041'0(7' East 120.00 feet Thence southwester#y and .n6rttumtarty912.55 feet a" the are of "a chuWr iojxvs eve to the north havlt'tg a rackm of 810.00 feet through a c wtml argyle af`S4'32'58' and being subtanded -by a chord which bears North 83'24'31' West865.06 feet; hence North 51'b0M.' Wast 1350,48 feet; Therx north stsrty 493162 feet alo no the am of a drtx * cure$ -eve t'o the souflrivest havlrt$ a radius of 7'215:401iDet through a obntral angle of 3l;'16'24- and N . subtended by a. which bears North 70'46'13' West 483.92 feet; Thence South aV35'36"` Weft 37.63 feet; ihenC* North 71'4'1'06' West 6631 f$et to a point on the south right of way line of said 'ihornasson Drive;. . Thence aiarig :saki 119116 rif vuay ithe Norio 83'35'35' 1st 494.13 treat to the Poltzf of Beginning ©f tht,�isacr [ # In S ; Suet fC easeriteiitz` sndmiaa trjc6mz of recant. Cotttdriitig 6:94 saes rno7s:ot'iess ..eearinP are based on th6 $art One *f said Section 24 being South 00 °14'17' West. BY. 00 Dots f- ^O'a._ Mictmet H. Maicwetl, P.S. ..LS# 4s5o - OR: 3138 PG: 2451 Description of Xeox Lane Being a part of Section 24, ToWhship 50 South, Range 25' East Collier County, Florida Sabal Bays All that part of Section 24, ToWnship 50 South; Range 25 East, Collier County. Florida, being more parkicuiariy described as follows;. Commencing at the northeast corh6r of said Section 24; - Thehoe along the east line of s aid Section 24 Souta 00 °14'17" West 173.15 feet to a point on the soudw sterty right of way line of Tarriiarni Trall (U.S. 41) Thence leaving said section line along said tight of way One North 39 °04'27" West 157.97 fleet to a paint orr the south right of way line of Thomasson Dave (S.R. 864); Thence along said right of way litre South 89.42'30" West 497.63 feet to the Point of Beginning of the parcel herein de ; Thence leaving said right of way line southwesterly 54.99 Peet along the are of a circular curve o x=ve to the southeast having a radius of 35.00 feet through a central engie of 90 °01'32° and being subtended by a chord which bears South 44.4145" West 48.51 feet; Thence South 00.19'01' East 102.40 feet; Thence southerly 575.95 feet along the arc of a circular crave concave to the nartr _est having a radius of 862.50 feet thri wi g' h, a r enbW angle Of 38 *15'37' and being subtended by a chord which bears S b 19128'50' East 555.31 feet; Thence South 38 °34'38' east $0.24 feet; Theno s easterly 55.25 feet akxV the are of a i�tar curve concave to the north having a radius of 35.00' feet through a centW angle of SW26'36* and being subtended by a chord which t3"rs South '83 °47'66` East 49.69 feet; Thence South 48 °15W West 146.59 1act;. Thence northerly £4.71 f$et along t il? i m c of a circular carve concave, to tha west having a radius of 35.00 feet throug€r a ahtral angle of 89 °33'24' and being subtended by a chord which bearz -North 0"12'00 East 49.31• feet; Thence North W34W,West 43.37.faet; iherica nortludy 628:0.3 €eat atcng flee acc Of.a.clrWar ccnve c oft av'e to the ncs'2lt sot haviusg a radius of 937.50 foot #lrotigh a,oentml angle of 38.15'37* and being suWanded by a c hmd wtiich Wait North 19 *28'$(Y' West 614.46 fit; Thence North 00 °19'01* West 102.46 feet; Thence aort#twesteriy 54:96 Est aslor Ahe ahc of a circular canoe cwn�ore-:l i somwest havtV a r44tt$ of 35.40t ftuvh a central -angle of 8918828' and being subtended try 8 charxt which b"rs -North . 459 MI 5* West 49.49 feet to a point on ale south right of way. Rne of said nomasson Rrtm; Thence along said rghf o!"aY 116 f40dh $9'42'30' East 145.00 feet to the Point of Beginning.0i t}ts p E ftierein desc Subject to ea8w�eft end'resbictiom 'of record Containing 1.42 ama tnoc+a ot`iess BeaMp are based-on the east'line of said Section 24 being South 00 °14'17` West. BY .a :. .: Date f 30-02- Mr tOW H. MaXwea, Pa. Cert8lcate at AuthorizatfaTS'IVt.H,43 Raf. 48 =1 IS ' boo koiiiiii JMWLNA & M- Akii4 tio�kY «,ywt 40.0* .9,8718 irr►war..• r�(sk�11ii11�K�i111► Description of T6mporary Drainage Easement Being a part of Section 19, Township a0 South, Range 26 Eaat; Colder County, Florida (CDC) AJ that part of Section 19, Tovvr�ship 50 South, Range 26 East, Cotner County, Florida, being more Parti«ttady'desciiheli as foi;ows; Carnmandng at the riort v.fest corner of saki Secttoh 19;. Thence Wong the west time of said Section 19 South 000 14'17- West 173.4s feet;. Thence leaving said section Brie along the southwest right of w-ay Rne of Tamiaml Trait (U.S. 41) South 39.04'27v East 1169.O3 €set; Thence leaving said right of way line South 5€ *55'33' West 449.00 feet; Thence soot weaterty 4:39 feet along the sr�c of a circular curve concave to the southeast having a radius of 8.08 feet through a central angle of 31.26'2x' and being subtended by a chord which beam South 35'12'200 West 4.34 feet; Thence South 19'29'07' West 4.70 feet; Thence sotthwestedy 26.53 lest along the arc of a circular. curve eve O the-nort mest having a radius of 52:00 feet. through a ,cantt'ai angle of 31128'25' and being subte�ded by a chord which bears South 35°2'28'.5 West 28.18 feet; Thence South 50''55'33'' Wast''17.08 feet; Thence wesierty. 11.f4feet slang the are of -a *War curve concave to: the nc.-`h having:a. radios of 20.00 feet`s g bbntml ar*Df 31 °47"18" and ielng subtended by a chord "ich bears South 66949.'42" Wig5j:10.8v feat; Thence South W55'33" W&A 107.35 feet to #^j6 Fpint of Beginning of the ease nt herein described; Theme Sotiti3 3$'tl2`44" tuot 8 log feet; Th4noa South AW62 .110" West 40; 3`feig; Thwnoa NoM 39.O2'44' West 935;42 f� Them North 89'48'18` East 51.38 feet to #tie Pont of i3eglrrnirrg of 'the easernsnt _�a�t cias+ciit�sd; Subject to eacemants- and:rOptrictiom of record, Cam 0.94 acmes MOM �or less Bearings are based Oh the vest line of Secdw 19 being South 00°14'17" Weal. By .� . Date,_ Idichaat H. MaxweQ, P.S.M. tS 4650 CerWfOl fe of Authofsf}oh # LS-43 Ref. 20-75 t OR; 3138 PG. 2453 N#Wd No �. HIOwOMx#�r in r � mss. Description of Timpwmy Drainage Easement Being a part of Section 24.3' sh[p!,60 South; RttrVe,2v East and Being a part of Section 19,T hio 50 South, Rarige 28 East. Collier County, Florida (CDC) All that part of Section 24, TcWnship 50 Svuth,:M hga 26 East and all that part of Section 19, Township 50 South, Range 28 East, Collier County, Florida, being more pairticularty described as follaows; Commencing at the northwest comer of said Section 19; Thenc+a along the west fins of said Section 19 South M014'17" West 173.15_feet, Thence leaving said section fine along the southwest right of way fine of Tarnlaml Trait (U.S. 41) South 39 °04'27" East 1109,03 feet, Thence leaving said right of 'way line South 50'0.5'33" West 449.00 feet, Thence southwesterly 4.39 foet along the eta of a circular curve c or ave to ttte souft4st having a radius of 8.00 feet through a central angle cf 31.2625" and being subtended by a chord which bears South 35'1 27T West 4.34 feet; Thence South 19 "29'07' Wsst 4.70 feet; Thence southwesterly 26.53 feet along the am of a ch;ular curve concave to the northwest having a radius of 52.00 feet through -4 cent W angle of 3'1.25'25' and being subtended by a cxordwhich bears South 35'12'20" West28.18 feet, Thence South 50'55'33" West 17.08 feet; Thence westerly 11.10 feet along the arc of :a ctrcular curve concave to the north hawing a radius of 20.00 feet through a central angle of 31'47'18' and Ming subtended by a chord which bears South 88'49'12' West 10.95 feet; Thence South 50 "55'33' West 107.35 feet to the Point of Beginning of the easement herein descrbed; Thence South 8948'18' West 51.36:#eet; Thence North 74.1 VIT Wost 273.05 feet; Thence South 8104-'4'l" Wdst 66.38 feet; Thence soutt�erly.;r'i #eet arc: of droular-mve concave to ft wart bavhg a radlue of 9040 feet tttrbiO a COOk { angle c f 45`4541" and being subtended by a &lard w *h bears Sotm WQ$ or West $9.09 feet; Thence SotM 3' §`0 %9 West 25.13` feel~ Thence sc erfyr.34,2ti €fit�at* the sip of a r�itarcurve;axtcays:#b.�ie� hsving.a ria[silus'of fi0;tk5 feet f raugt s-terwid ai>rgiQ of 32636,& aid[ #setng suf Sanded by a clord wl'iictt tears S00i ='41111'08 West. 33.74 feet; Thence Soi#h 06'21 %11 ftst,fo,j $ Wit; Tigrtce scytt#,itwasfieriy 24{l i ix � f ttis arc of a =#a�ifar ctst s ve 0111e }}� ridi# 5t f igili .. ir�`I �7�1 � w tf lF W0h A .enfti df 705/4811 __""A S�ub�t.6l�tda8d by ByC Orsf ",Wh�t�c ,`.}� �yB�B Styat�sl ti9"'i$'03 "nest M.39'fi"t; i7iZ7+W iii:: t��t .a�.�aJ- �Tt4isi•c7V.�tOtll',.� ' TtlBrtae i}iJ ff �W@$E84jfa"�� •Ct!l ACC L1 t''GttttVll.YB t08 rrort€i t :hisvjng a i-a S Of.280.00- f"t- Uwotigh "8 erii i an& . if 4' `brad balClg subtended by a chord "width gars North 55"28'02" West 119.86Ieet :to a- poird of reverse cxviraiurre Tbe6ce nodhiv y '64X4 fevtjdorig :ttre rt~•v%,�t d ':+ trv�e.: iii :inalis ::. . Vouenvest iisY tg sr iacilos.i '!n.00 t6tth a cal :ftngte of #2MEV S�' &Wd being subtended by s cfivrd wtticii tsars "North Of''t39't�i" Was�i 148:28. to a' Pit of MOM curvature; :....:.. ..►.per.+.. �. t� ;sue t��. OR: 3138 PG: 2454 1', kr W inftro*V, DaknAEW Thence westerly .149.00 feet Wong the arc of .a circular curve concave to t i4 north having a radius of 658.56 feet thrdugh.a central angle (I 12.67460 Snt# beisig.stbterided by a chord which bears North 88 °42'46" West 148.68 feet to a point. of revers txirvature; Thence sauihwestady 200.48 feet 'along the arc of a circular curve conncave o.the south having a ra-dfus of 400.010 feet through a central angle of 28.42'58 and being.subtended by a chord which bears South 83 °24'38" West 198.38 feet to a point of compound curvature; Thence southwesterly 89.67 feet a" the arc of a circular curve concave tip t#ie- southeast having a radius of 720.55 feet through a central angle of,07'07'5(r arid'being subtanded by a chard which gars South 65 °28'15" West 85.61 feet to a point of reverse curvature; Thence westerly 231.31 feet along the arc of a c rcular curve concave to floe 'wrth having a radius of 330,00 feet throw e central angle of 40.08'39" ar�d tielrig subtended by a chord which hears South 82 000'09' West 226 -60 feet to a point of compound curvature; Thence northwestsrfy 534.88 feet aizxtg the are of a drrular curve concave to the northeast having a radius of 1164.47 feet through a central angle of 28"18'25"' and being subtended by a covert which ben= North 62.36'02" West 529.97 feet to a point of compound curvature; Thence northedy 240,24 feet along the arc of a circular curve concave to the east having a radius of 155.00 feel through a central angle of 88.45'99" and being subtended by a chord which gears North 08'59'45" West 216.91 feet; Thence North 35 °24'25" East 182.56 feet; Thence easterly 955.07 feet a"'the arc of a circular curve concave to :the north having a radius of 810.00 feet though .a central A(gia_of 87 °33'25" and 'beicrg.miotorfod by a chord which bears South 84 °64'45w East 900.70 feet to a point of reverse cu mture; Thence southeastarty 41 A7 feet atorEg the arc of a cim+eular curve concave to the southwest hav% a radius of 38.50 fleet through a central angle of 61'43'18' and being subtended by a chord Wh!dh beam. South $2'38'56" East 39.50 feet; Thence South 31 `47''1 r F..ast 59.53 feet; Thence soutfreasieriy 218.74 €eet along 'the are of a circular curve concave to the north having a car}itns of 135:tat 1 feet throe t a ours# angle'of 81 `3$'b'd ate # .,, subiertded by a dmW which beam &xM 77'3843" East 194 -36 feet to e- point of rovwte owvak"; Thence noMmstwty 119 05 fie# afong the arc of a C nMI r C' We Concave to tie souM havN a. radIUs of 13&50 f$et ff ough a cent aerie of 49'16'00' and belrid.st6kwded by a chord whim bews NoAh 81. 1'21'` East 118.42-feet; 'itter►ce South 74'11'12',East SMOSfeet; Thence &KM 50'5533' West 7.74 feel to the Point of -Beginning of the easemW'h6rein tlsscrit�sd :. . Sub to:easetf�ts and r6M.Momof mowd. CbnUMIhg 12.82 a nmma less . Bearings are based on the YiWi One of S&%on 19 #doing South 00.14Ir Went By ... Hate Mich;W H. Maxwell. P.S.M. VS # 4650 Certificate of Auftftatlon # LB--43 Ref. 28 -76 ir«.w+e v.e.r.uwe ice.,...... OR; 3138 PO; 2455 EXHIBIT "G" Risk Management Guidelines or Level One [1] Environmental Audit by Certified Environmental. Engineer i i r i r i 0 r r r EXHIBIT "G" Ardaman & Associates, Inc. Geotecnnlcal Envlrenr..ental and t,Aalanals Consultants OP,; 3138 PG; 2456 PHASE I ENVIRONNNIENTAL SITE ASSESSMENT REPORT FOR CDC /PDA i 60 ACRES VACANT LAND SW CORNER THOMASSON DRIVE AND U.S. 41 NAPLES, = --OLLIER COUNTY, FLORIDA PREPARED FOR COLLIER LAND DEVELOPMENT, INC. 3u03 TAI-11- -MI. TRAIL NORTH, SUITE 400 N, ,kPLES, FLORIDA 34103 ATTENTION: i1IR. JEFFREY l'i. BIRR PREPARED BY ARDANIAN & ASSOCIATES, INC. 9970 BAVARIA ROAD FORT MYEI?S. FLORIDA 33913 FILE "O. 0I -4731 �I'RIL ?4_ ;�)Gi :!? •ir.r 1 6 :1- iJd(19 I,:I ,.., ., i NI ..'..11:,:!'P ?';u i Ln':C .>.Ii:15U1.1. .17!.1!t,l Sr1e) i_U:p7.l IN "Ilnl OR, 3138 PG; 2457 PHASE I EI 'VIRONNIENTAL SITE .ASSESSMENT CDC/PDA 60 ACRES N"ACANT LAND SW CORNER THOtiIaSSON DRIVE & U.S. 41 NAPLES, COLLIER COUNTY, FLORIDA Ardaman & Associates, Inc. OFFICES Orlando, 8008 S. Orange Avenue, Orlando, Florida 32809. Phone (407) 855 -3860 Bartow, 1.525 Centennial Crive, Bartow, Florida 33831. Phone (813) 53'3 0858 Cocoa, 1300 N. Cocoa Blvd., Cocoa. Florida 32922, Phone (407) 632 -2503 Fort Lauderdale, 3665 Park Central Boulevard, North, Pompano Beach, Florida 33064, Phone (305) 969 -8788 Fort Myers, 9970 Bavaria Road. Fort Myers, Florida 33913. Phone (513) 768 -6600 Miami, 2608 W. 84th Street, Hialeah, Florida 33016. Phone (305) 825 -2683 Port Charlotte, 740 Tamiami Trail, Unit 3, For Charlotte, Florida 33954, Phone (813) 624 -3393 I Port St. Lucie, 1017 S.E. Holbrook Ct., Port St. Lucie, Florida 34952, Phone (407) 337 -1200 Sarasota, 2500 Bee Ridge Road, Sarasota, Florida 34239, Phone (813) 922 -3526 Tallahassee, 3175 West Tharpe Street, Tallahassee, Florida 32303, Phone (904) 576 -6131 Tampa, 1406 Tech Boulevard, Tampa, Florida 33619. Phone (813) 620 -3389 West Palm Beach, 2511 Westgate Avenue, Suite 10, West Palm Seach, Florida 33.309. Phone t407) 687 -8200 MEMBERS: ASFE. American Concrete Insuluie Arnericall Suciety for TdShng ano .foaiefwis American eoneulling En, nears C,)unc:l Flom Ir:a'Wwe of CunSirllifl j (_n,3, r,�•;tr; Ai olwait l; onnca nl !n, {rp. ndon1 LtC,r 1'•no•: O�' �1�8 I�0��������T���S uu. J1�O D/I �X�8 �o^ L��0 SECTION EXECUTIVE SUMMARY --------------------------------'----1 l'O -------------------------------------� 2.0 GENERAL SETTING ---��--------------------------_____.6 �.� 3.0 - HISTORICAL REVIEW _ ---------------------------------'9 4.0 RECORDS REVIEW ---- ---------------'---------------'l4 5.0 SITE RECON-NAISSANCE __20 6.0 -----'--� �--------- --'----------------------------Z4 7.0 --------' � ------- -------------------------------25 -- 8.0 _______� em� ___ ....................................................................................... 9.0 CONCLUSIONS ........... }0.0 R-E CONTIM END AT IONS 2Q 11.0 ................... )g lZ'0 QUALIFICATIONS OF ENVIRO-N-MENTAL PROFESSIONALS PARTICIPATINGIN FSA ...................................... .......... ................ ............. .............. 3O 13'0 -------. ..................... ......................................................................31 14'0 FIGLRES 15.0 TAB LES ................ NQ�U ............ ................................................ ---------------3] dl�'0 ----' ��------- —'--------------------------------34 10 AmamanxAssociates. Inc. - Ardaman File No. 01 -4731 t 60 Acres Vacant Land Naples, Collier County, Florida E,X'ECUTIVE SUMMARY OR; 3138 PG! 2459 Ardaman & Associates, Inc. has completed a Phase I Environmental Site Assessment (ESA) of the approximately 60 -acre subject site located on the southwest corner of Thomasson Drive and U.S. 41 (Tamiami Trail East) in Naples, Collier County, Florida. ,The purpose of this assessment was to determine if there were recognized environmental conditions associated with this site. To achieve this objective, the scope of services included limited research, a review of specific listings, interviews, and a site rEconnaissance in general accordance with the American Society for Testing and iMaterials (ASTM) Standard E 1 -527 -00 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process ". THIS EXECUTIVE SUMMARY DOES NOT FULLY SUMMARIZE FINDINGS AND OPINIONS. Findings and opinions are related through the full report only. The subject site is it— egular in shape and is located in a residential/commercial area. The property consists of approximately 60 acres-of vacant land that was previcusly used for agricultural purposes. A produce stand was formerly located in the northeast corner of the subject site. A cardboard recycling bin is currently located is in the northeast corner of the subject site. Vegetation on the subject site consists of pine, palm. Brazilian pepper, herbaceous undergrowth, and grasses. The current improvements on th` subject site include drainage canals and di:catng, fencing, water wells /irrigation systern, and old electrical boxes located in the northeastern corner of the subject site. The subject property is bounded by Thomasson Drive to the north, by U.S. 41 to the east, and by vacant land to the south and west. Access to the site is via Thomasson Drive to the north. The adjoining properties to the east (across U.S. 41) are Fuller Funeral Home. Golf and Electric Carriages, 7- Eleven = 30012. First Union Bank, and Naples Plaza South from north to south respectively. The adjoining properties to the north (located across Thomasson Drive) are occupied by the Speedway #015 gas station and a residential community from east to west respectively. The County West Waste Water Transmission facility is located along the northern boundary of the subject site. Ardaman File No. 0 1 -4731 l 60 Acres Vacant Land Naples, Collier County, Florida OR; 3138 PG, 2460 A review of government agency listings indicates: (1) the site is not referenced as using, generating, storing or disposing of hazardous materials; (2) underground storage tanks are not currently permitted for the site; and (3) unauthorized releases (UAR) of petroleum hydrocarbons or hazardous materials have not been reported for the site_ It should be noted that unregulated ( <550 gallon) diesel tanks are commonly utilized on agricultural property. These tanks supply fuel to irrigation pumps. Remnants of an irrigation system and a pump station were observed on site. While no diesel tanks were observed during the site reconnaissance, unregulated tanks may have been located on the subject site in the past. .A,rdaman File No. 01 -4731 j- 60 Acres Vacant Land Naples, Collier County, Florida 10.0 RECOMMENDATIONS .... . . . ........ . .... .. 2 OR: 3138 PG : 1461 Ardaman & Associates, Inc. does not recommend additional Inquiry into the environmental condition of the subject site at this time. Ardaman File No_ 0 1 -4731 60 Acres Vacant Land Naples, Col$ier County, Florida * ** OR; 3138 PG; 24ff * ** 11.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS Karen L. Cheney Environmental Geologist Roxanne Gause, P.E. Senior Environmental Engineer Peer Review By: Gary A. Drew, P.E. --ranch Manager ,4-j C. Signature Signature Sipature o `- COLLIER COUNTY Agenda Item No. 16134 October 27, 2009 Page 111 of 202 DAVID C. WEIGEL COLLIER COUNTY, ATTORNEY 3301 East Tamiami Trail Naples, FL 34112 -4902 Telephone: (239) 774 -8400 Facsimile: (239) 774 -0225 October 27, 2003 C. Laurence Keesey, Esquire Young, Van Assenderp, Varnadoe & Anderson, P. A. Post Office Box 7907 Naples, FL 34101 -7907 Pat Utter Collier Enterprises, Ltd. 3003 Tamiami Trail North, Suite 400 Naples, FL 34103 NOV 18 2003 �'(URMWAT"R ...,. Heidi F. Ashton Jennifer A. Belpedio Ellen T. Chadwell Jeffrey A. Klatzkow William E. Mountford Thomas C. Palmer Michael W. Pettit Jacqueline Hubbard Robinson Marjorie M. Student Scott R. Teach Patrick G. White Robert N. Zachary RE: Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements Dear Sirs: Enclosed please find a recorded copy of the above - referenced agreement for your records. Sin erely, yot _ r� Enc. cc: David C. Weigel, County Attorney I )W, Attorney Agenda Item No. 16134 October 27, 2009 Page 112 of 202 bcc: Sharon Newman, Transportation Accounting Supervisor Retn: 3279855 OR; 3424 PG, V33rPateRROP11202 ctober 27 2009 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS Of COLLIER COUNTY FL COPIES 145.50 INTEROFFICE 47H FLOOR 10/17/2003 at 08:04AN DWIGHT B. BROCY, CLERK 32,00 BIT 7240 ' COMPANION AGREEMENT TO THE OCTOBER 22, 2002 DEVELOPER CONTRIBUTION AGREEMENT REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS COMPANION AGREEMENT is made and entered into this --LL—(46 day of 2003, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer "), and Collier Development Corporation, a Florida corporation ( "hereinafter referred to as "CDC "), which, along with their respective successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County"). RECITALS. ITALS. WHEREAS, CDC/Developer owns approximately 2,416 acres of real property located in unincorporated Collier County, Florida which is the site of the CDC Planned Unit Development ( "CDC PUD" ), which was approved by Collier County on November 10, 1986, in P[ 1D Ordinance 86 -77; and WHEREAS, PUD Ordinance 86 -77 granted to CDC/Developer certain development rights and required CDC/Developer to undertake certain obligations in return for the developmental approvals; which obligations included the dedication of land to the County and the construction by CDC/Developer of certain roadway and surface water management improvements; and WHEREAS, CDC/Developer entered into a Standard Form Developer Contribution Agreement For Road Impact Fee Credits with Collier County on October 22, 2002 (hereinafter referred to as "Contribution Agreement "); and 1 Agenda Item c� No. 16134 OR: 3 e�1 4 o JS WHEREAS, the Contribution Agreement required that within 270 days from October 22, 2002, CDC/DeveIoper and Collier County would enter into a "companion agreement" to insure equitable payment or credit to CDC/Developer for drainage improvements constructed or donated by CDC/Developer and to insure that CDC/Developer pays for its fair share of the costs of the stormwater facilities, and drainage improvements known as Lely Area Stormwater Improvement Project (hereinafter the " LASIP Project "), as set forth to in the Memorandum of Understanding attached as Exhibit `B -6" to the Contribution Agreement; and WHEREAS, County and CDC/Developer, in furtherance of the public health, safety, and welfare, desire to commence the planning and construction of the LASIP Project prior to the County's final consideration of the CDC PUD amendment application and further desire to define CDC/Developer's obligations with regard to contributions of land for, and construction of, certain portions of the LASIP Project and to specify the amount and timing of reimbursements or credits CDC/DeveIoper shall be entitled to as a result of its land donations for, and construction Of its portion of the LASIP Project; and WHEREAS, the LAST Project does not anticipate or take into consideration or accommodate receiving additional discharge from developmental activity within the CDC PUD beyond pre - development historical flows; and WHEREAS, the County and CDC/Developer acknowledge and agree that the valuation of the eligible anticipated construction to the County's Lely Project storm water drainage improvements will be based upon professional opinions of the total project's estimated probable costs certified by a professional engineer, which valuation for the County's budgetary purposes must be provided to the County no later than March 31" of the calendar year prior to the year that CDC/Developer breaks ground under Paragraph 4 below and CDC/Developer shall update 2 c�cz Agenda Item NNooi. 16134 OR; 1 �Sf4 39 the probable cost estimate and provide it to the County prior to commencement of construction; and WHEREAS, the Collier County engineer has recommended to the Board of County Commissioners that the proposed plan for CDC/Developer's dedication of land and contributions for the LASIP Project shall be in conformity with the County Stormwater Management Element in its Growth Management Plan and are in furtherance of the public's health, safety and welfare; and WHEREAS, CDC/Developer acknowledges and agrees that it has full capacity, power and authority to cause the construction or installation of the subject portions of the LASIP Project, or shaII post a bond therefore, and thereafter execute any and all documentation necessary to convey the contributions or land donations to the County in conformance with the County's standards, procedures, ordinances, and regulations; and WHEREAS, this Agreement shall not limit or affect the County's authority to make any determination the County may choose regarding the future CDC PUD amendment application, and this Agreement shall not be construed or characterized as a "development agreement" under the Florida Local Government Development Agreement Act; and WHEREAS, CDC/Developer is currently authorized to develop only that 83 acre portion of the CDC PUD land which is the subject of a amended Preliminary Development Agreement ( "PDA ") dated May 16, 2002, as amended by an Agreement dated May 28, 2003, both of which were entered into by and between the Florida Department of Community Affairs and CDC/Developer; and any additional development beyond the site specified in the PDA must be authorized by Collier County after its consideration of CDC/Developer's application to amend the CDC PUD ordinance. 3 (e- nAgenda Item No. 1684 �} O![ , � ee 'of 0�% U WHEREAS, the parties acknowledge that the County desires to expedite the LASIP Project's completion and that there are costs associated with both the delay of the LASIP Project and the County's pursuit of construction permits from the regulatory agencies involved. WITNESSETH: NOW, 'THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration previously exchanged between the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1• All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. A map generally depicting the components of the LASIP Project is marked Composite Exhibit "A" and attached hereto. Collier County has prepared a design plan for the LASIP Project improvements, including the Lely Canal. County has filed and is pursuing final approval (Permit Application No. 980828 -1) of a permit from the South Florida Water Management District for the LASIP improvements (hereinafter referred to as the "LASIP Permit "). 3• CDC/Developer desires to construct the Lely Canal following a meandered, non- linear canal design to improve water quality, and to improve the visual aesthetics of the Canal (hereinafter Modified Drainage Design) which differs from the County's proposed design for the LASIP Permit application. CDC/Developer shall file an application for the Modified Drainage Design with the S.F.W.M.D, as soon as practical, but no later than July 1, 2004. CDC/Developer shall begin construction of either the LASIP Project or � the Modified Drainage Design within two (2) years from the issuance of the LASIP Permit. The 4 J �L I Agenda Item NNoo. 16134 OR #' 344e'�1� of 1 two -year time period for CDC/Developer's commencement of construction of the Modified Drainage Design shall be extended up to a maximum of nine (9) months, if CDC/Developer has applied for, and is pursuing in good faith, a SFWMD permit for approval of the Modified Drainage Design. If CDC/Developer fails to timely begin construction of the Modified Drainage Design or the LASIP Project, upon written notice to CDC/Developer, Collier County shall have the exclusive right to construct the LASIP Project and CDC/Developer shall provide all necessary access to the County on CDC/Developer's property, without cost, to enable the County to construct the LAST Project. S• ReLrarding the Lel Cana1: A. if constructed under the Modified Drainage Design, the Lely Canal shall be designed at a minimum to accommodate the same water flow criteria as approved in the LASIP Project, plus any additional flow beyond pre - development historical flows contributed by on -site development within the CDC PUD. For either the Modified Drainage Design or the LAST Project, all costs now and forever arising from any additional flow beyond pre - development historical flows contributed by on -site development within the CDC PUD, including but not limited to expansion or modification of the Modified Drainage Design or the LASIP Project, shall be borne solely by CDC/Developer. _B. ) For either the Modified Drainage Design or the LASIP Project, CDC/Developer must complete the canal construction within one year from breaking ground. Agenda Item No. �.16B4 OR. '4+Jdig f2 C. For either the Modified Drainage Design or the LASIP Project, following completion of construction by either party, CDC/Developer shall, at its sole cost, be responsible for the ongoing maintenance of the Lely Canal. D. If constructed pursuant to the Modified Drainage Design, CDC/Developer shall receive all mitigation credit for the enhancements to the Canal beyond the LASIP Project. If CDC/Developer obtains grant funding for the improved water quality design of the Lely Canal, the grant funds shall be shared, with the County entitled to receive only that percentage of the grant funds which equals the percentage of the grant funds attributable to, or awarded for the LASIP Project design, including the spreader lake, and CDC/Developer receiving that percentage of the grant funds awarded for the Modified Drainage Design to be permitted by the S.F.W.M.D. E. CDC/Developer shall dedicate and convey, at no cost to the County, all rights and interests it has to the existing Lely Canal that historically has been maintained by Collier County. A graphic rendering of this area is shown as "Lely Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated therein at 21.2 acres. All references to acreage herein, including this reference, are estimates only, with a final determination of actual acreage to be determined in a customary manner by the County. F. CDC /Developer shall dedicate and convey to County an additional 14.3 acres for the Lely Canal, representing the area of the widening of the existing canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B. Collier County shall pay c o p e3ggn�413 - Page 119 of 202 CDC/Developer the appraised fair market value for the 14.3 acres and the land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land. G. The current LASIP Project design for the Lely Canal substitutes a spreader lake in place of a spreader water way. A graphic rendering of the spreader lake is shown on "Lely Canal (Per LASIP Design)," attached hereto as part of Exhibit B. This spreader lake is approximately 13.87 acres. CDC/Developer shall dedicate and convey to Collier County this additional 13.87 acres. Collier County shall pay CDC/Developer the appraised fair market value of these 13.87 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDC/Developer entered into the Contribution Agreement, with the valuation based on pre -PUD Agricultural zoning. As an offset to this purchase price, the County will be credited for 18.6 acres (3.1 acres upland, 15.5 acres wetland) of the 26 -acre spreader waterway canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B. This credit will be based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land, considering the spreader canal's land characteristics as either wetland or upland. H. Payment to CDC/Developer for all of the conveyances set forth shall be made by the County within three years of the date that the land is dedicated to Collier County by CDC /Developer and accepted by the County. ODgenda Item No. 16134 ![ gebf I. Mz- The County shall reimburse CDC/Developer for the County's Proportionate share of the costs of the design, permitting and construction of the LASIP Project based upon the method or mechanism selected by Collier County for the calculation of the proportionate fair share allocation for property owners in the LASIP Project area. The proportionate share of costs may be based upon gross acreage, taxable value, front footage or some other equitable method adopted by the County. County shall reimburse CDC/Developer for the County's share of the costs of the Project within sixty (60) days of final completion and acceptance of the Project. J. All land dedications referenced above shall be conveyed to the County at the earlier of (1) the final completion and acceptance of the Modified Drainage Design or LASIP Project, or (2) upon the County exercising its night to construct the LASIP Project under Paragraph 4 herein, within thirty (30) days of written request by the County. So long as CDC/Developer is engaged in the construction of the Let Canal al by either design, County shall not refuse to process applications for site plan approvals, building Permits, certificates of occupancy for commercial use or other County permits for development within the $3 acre CDC 2003 PDA area. Within the Iarger a mended _CDjD project area, no certificates of occupancy shall be authorized or issued by the County until all associated improvements to the Lely Canal by either design specified in Paragraph 4, above, have been constructed by CDC/Develo er and a roved by the County; except that when consistent with the amended CDC PUD, the Collier County Land Development Code and all other Collier 8 O�b R01T-Ai5 County Laws and Ordinances, and provided that there are adequate public facilities capacity available, Certificates of Occupancy shall be approved by the County for the following commercial development: al buildings, sales centers, model homes, and a golf course, including a P ' golf club house and golf maintenance facilities. 7. Re ding the Avalon School Outfall Canal and Fern Street Relief System: A. The Avalon School Outfall Canal and Fern Street Relief System are depicted on the attached plan marked as Exhibit D. B. CDC/Developer will dedicate land needed for the drainage improvements, and shall construct, the Avalon School outfall canal and Fern Street Relief System as graphically, and approximately depicted in ,Exhibit D attached hereto and incorporated herein. C. The County shall reimburse CDC/Developer for the value of the dedications for which the County is responsible for payment within three (3) years of the date the real property is accepted by the County and shall be valued based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRl/PUD land. 8. Re ardin the Lel Manor Canal: A. County is currently seeking permits from the South Florida Water Management Plan. B. The County will obtain permits and construct the Lely Manor Canal at its own costs and may proceed with construction of the Lely Manor Canal in advance of CDC/Developer's filing an application for amendment of the CDC PUD. OR;A�4 o ��., Aj§ Page 122 of 202 CDC/DeveIoper shall provide the County with access to the Lely Manor Canal for maintenance purposes. C. CDC/Developer shall dedicate and convey to the County approximately 12.3 acres of land for the spreader lake and canal improvements. A graphic rendering of this area is shown as "Lely Manor Canal (Per LAST Design)," attached hereto as part of Exhibit C. The spreader Iake is approximately 9.68 acres, and the canal improvements are approximately 2.52 acres. With respect to the spreader lake, Collier County shall pay CDC/Developer the appraised fair market value of these 9.68 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDC/Developer entered into the Contribution Agreement, with the valuation based on pre -PUD Agricultural zoning. With respect to the canal improvements, CDC/Developer shall dedicate and convey to the County a strip of land between 15 feet and 35 feet wide of CDC/Developer's land along the Lely Manor Canal. Of the 35 foot wide strip of land, 15 feet is required for the canal and 20 feet is needed for the County's maintenance of the Lely Manor Canal. If CDC/Developer dedicates and conveys less than a 35 foot strip along any portion of the Lely Manor Canal ( "CDC/Developer Portion "), CDC/Developer will maintain at CDC/Developer's sole cost the CDC/Developer Portion, and will also provide access to the County (at no cost to the County) for maintenance of the portion of the Lely Manor Canal not maintained by CDC/Developer. At County's request, the parties will enter into a Maintenance Agreement setting forth these terms. Collier County shall pay CDC/Developer the appraised fair market value for this 2.52 -acre strip and the Page 123 of 202 land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land. D. The County shall reimburse CDC/Developer for the land dedicated to the County for the Lely Manor Canal dedications within three (3) years of the date that the land is dedicated by CDC/Developer. All land dedications referenced herein shall be conveyed to the County after receipt of all necessary permits and within thirty (30) days of written request by the County. 9. The considerations and commitments in this Agreement relate to the LASIP improvements within the boundaries of the CDC PUD, and these considerations shall be understood and interpreted to relate to those LASIP improvements that are deemed appropriate and authorized by the permits to be issued by the South Florida Water Management District and the U.S. Army Corps of Engineers. 10. Regarding contributions of construction or installation of improvements, the value of CDC/Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by CDC/Developer, but in any event not to exceed twenty (20 %) above the estimated probable costs of such improvement. 11. In the event of a dispute, the County's Alternative Dispute Resolution Procedure shall be utilized. 12. All conveyances set forth herein shall be in fee simple to the County by warranty deed. With respect to such conveyances, the County shall be responsible for paying the costs of any title work and searches, and CDC/Developer shall be responsible at its costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. I I ro�—/ OR: AW48 PcG; NUAL October 27, 2009 Page 124 of 202 13. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by the successors in interest. 14. The burdens of this Agreement shall be binding upon, and benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 15. Either party to this Agreement shall have the ability file an action, including an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement after submission to the County's Alternative Dispute Resolution process, said remedy being cumulative with any and all other remedies available to the parties for legal enforcement of this Agreement. 16, This Agreement shall be recorded by the County in the official records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman of the Board of County Commissioners, executes this Agreement. A copy of this recorded document will be provided to CDC/Developer. END OF PAGE 12 C*- * DONE AND ORDERED this ($day of ®( 2003. Q, T E. B4bC '( CLEW T^ Depot Wk MIGHT E.. BRk tk;I CLERK AttM `to Maim"' s 219"V only. APPROVED AS TO FORM AND LEGAL StF9CIENCY: ASSIjT*4T COUNTY ATTORNEY WITNESSES: A' L 4, 2 (Signature) ArTR i I, K l 1 JT -rc®r (Print full name) ( Signature) .iZ. Crim (Print full name) On Agj d Itemm No. 16B4 R$ p 9C 5 df 2j BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HERRING to-1y _03 Chairman 3UPACY A. KAl2ho�J COLLIER LAND DEVELOPMENT, INC. By: .-- ---_ -- JEFFREY M. ,Vice President 13 :'. M► � OR;A �t �g Page 126 of 202 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me this,�day of 2003, by Jeffrey Birr, Vice President of Collier Land Development, Inc. [. . 44 Notary Publi Name ( _ C-S, c' Certificate No. My Commission expires WITNESSES: Z4 2 i I (S' ature )K __.� (Print full name (Signs ure) 3.R. Crtw, (Print full name) STATE OF FLORIDA COUNTY OF COLLIER 40T NANCY LYNN HALL j MY COMMISSION* DD 031397 N� aFr CC EXPIRES: June 24.2005 tWD9.NDTARY FL Nobly S*pAw d eonu;ny, Inc COLLIER DEVELOPMENT CORPORATION By: JEFFREY M. BIRR ice President P COW ar The foregoing Agreement was executed before me thisa?,�!d day of , 2003, by Jeffrey Birr, Vice President of Collier Development Corporation \A �_' d. J) Nota6 Public ���y NANCY LYNN HALL Name_ ��Q� L 40L l ,a MY COMMISSION O DD 031397 Certificate No. y-'aR; EXPIRES: Junc 24.2005 4lpp -MTARY FLN0WySwvm8BonOinp,,nc My Commission expires `01� b _* Agenda Item No. 16134 OR: 3424 PG: 0351 W Plana„ . slow as . R rkoa . arvomv • l.nxtcp. kow"b . Thanpwkft COWA npi Mq+la • Ftrt r •arm . BvOxUan Tip M • T*W&M* . Prrr�r L� 6M-rJ� amoa�l r� I►�. soo . mil, . X -a*," . ru 1*40 -M • Wsb- swwAbw ,, r=m CLIENT: COLLIER DEVELC CORPORATIi PROJECT: SABAL BA COUNTY CAN SAY DUNDARY UNE OR: 3424 PG: 0352 1 E N T DATE. TITLE: 08/26/03 HORIZONTAL SCALE: EXHIBIT A: COUNTY CANALS 2 VER LOCATION MAP TICAL SCALE: N/A SEC: TWP: RCE: CROSS REFERENCE FILE NO.: PROJECT NUMBER: N0229-029—on .3 Agenda Item No. 16134 October 27, 2009 D- N0229 -74 -A .ET NUMBER: 1f nc 1 Agenda Item No. 16134 October 27, 2009 Page 129 of 202 OR: 3424 PG: 0353 M�Iler "'dill Lllkl;l 4200 6iey L.ri0. � 200 -. � � - Swwi •�Tin�s TMUMwM . p�r�nr C�j, 9s�� NCR iiorfdl d'A17 • Awr p,� -E�, w • rat XVIM d71f, • MYb �► w�6adrirc�Dm CLIENT: COLLIER DEVELO CORPORATIC PROJECT: SABAL BA, COUNTY CAN OR: 3424 PG: 0354 Agenda Item No. 16134 October 27, 2009 Agenda Item No. 16134 October 27, 2009 OR: 3424 PG: 0355 t - - :r-lft - en o* T- Tawm - - ft---ar&" . � �e- e�o-.�o�o . r•.x . nw.e�. - ...ra,. -.room CLIENT: COLLIER DEVELC CORPORATIt PROJECT: SABAL BA' COUNTY CAN OR: 3424 PG: 0356 k-11-1 Agenda Item No. 16B4 October 27, 2009 Agenda Item No. 16134 Page 133 of 202 OR; 3424 PG; 0357 W Pbmns -err S- q= - Un*cWo *d*-b • nwmpwi ft 4^a v*f* _ WVeoMAW,, ha "ENT: COLLIER QEVELI CORPORATI PROJECT: SABAL BA COUNTY CAr OR: 3424 PG; 0358 Agenda Item No. 16134 Agenda Item No. 1684 October 27, 2009 OR; 3424 PG; 0359 www ,,wa -�wnwvt a CLIENT: COLLIER DEVEL CORPORAT PROJECT: SABAL B) COUNTY CAI OR; 3424 PG; 0360 Agenda Item No. 16134 Agenda Item No. 16134 OR; 3424 PG: 0361 .I. ""Ro:�R:Maw��r CLIENT; W PJrm.n - ERO". &F-Y -* . LWN* apa kd*mb - Tra W rhion Manuffer, ha X00 �1' art Btls Nq*a -. liorid� 9fA'�RXA •pip: MCWy�eb-� witriamfiraan COLLIER DEVELE CORPORATI PROJECT: SABAL BA COUNTY CAS OR: 3424 PG: 0362 Agenda item No. 16134 October 27, 2009 K - , i X S5 34 OR: 3424 PG: 0363 24 Miller � . 6r,y.,,a„ • F • 6,r„r�ar.. cr,�. Ar+d� • Tirrp�a�pon Con�aM, #*W - rat w" - am* . a Tom* T ws . . ftm C& as ai Mo a ftL4% q* xv - tr* ftft sacs-w - ffim 4uao . Fa W40 -ter - w b M..r�„a,,,,.,,rrr�,,, Agenda Item No. 1684 ('1rtnhar 97 9nnca Page 139 of 202 ti vo Y M M S♦ ti( taY MANOR ( SPREADER LAM CLIENT: COLLIER DEVELC CORPORATIC PROJECT: SABAL BA) COUNTY CAN, �o °o. AR 1' 6ii (TYP.) M ENT J _S 11/if `' TITLE: 08/26/D3 1ZOH EXHIBIT C: TAL SCALE. = 2000' (PER fICAI SCALE: N/A TWP: RCE: I CROSS REFERENCE FILE ND.: Agenda Item No. 16B4 October 27, 2009 D-, ,. (. I A n -4: ')nn OR: 3424 PG: 036 s� s �O. LELY MANOR CANAL LASIP DESIGN) Nn #2io— nq *>—nn'; L/0\7--Qp INDEX NUMBER: D— N0229 -74 —C SHEET NUMBER: A nc Agenda Item No. 1684 age OR: 3424 PG: 0365 W Nq" - FW *wa - ft Kok • 9 o* n %. T',r� r iWw" • FW--- cay &mch 32W N+•r LS* &ft W - ftk* F 3WS-W - neon. M"0-00 . FM - W*-M ,*= CLIENT: COLLIER D EVELC CORPORATI( PROJECT: SABAL BA' COUNTY CAN Agenda Item No. 1684 Page 142 J2-62 OR: 3424 PG: 0366 f. Agenda Item No. 16B4 n-7 nnnn ge 143 of OR; 3424 PG; 0361 t worwrTie =wri r:.iw.�rw Wll Miller f - scimm. - - arvowv - Loxbc o ArdArob - rnvopwkfm Cawa w* NWW - Forf Mj" - arack • 8adr�pe= f'.z hildom . - ftwm cq ftsdG sago Eft L&* a4b 2W . arpk fiaridi sao� eet� .rte. aye a .�aa . �u . w.� se. r roa,► CLIENT: PROJECT: COLLIER DEVELC CORPORATI( SABAL BA COUNTY CAN Agenda Item No. 16134 October 27, 2009 * ** OR: 3424 PG: 0368 * ** Agenda Item No. 1684 October 27, 2�9 Ilk Pag a 2 AMENDMENT TO THE OCTOBER 14, 2003 COMPANION AGREEMENT REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS AMENDMENT TO COMPANION AGREEMENT (the "Amendment ") is made and entered into this 27th day of March, 2007, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer "), and CDC Land Investments, Inc., a Florida corporation formerly known as Collier Development Corporation, a Florida corporation ( "hereinafter referred to as "CDC "), which, may be jointly referred to as "C Collier County, Florida, as "County "). WHEREAS, the parties Developer Contribution their respective successors and assigns, of County Commissioners of (hereinafter referred to as to the October 22, 2002 Area Surface Water Drainage Improvements on October 14, 2003 (the "Companion Agreement "), wherein CDC/Developer agreed to provide in part certain surface water management improvements in accordance with the l terms' ,and conditions of PUD Ordinance 86 -77, which was approved by Collier County on November 10, 1986; and WHEREAS, CDC/Developer is undertaking its obligations in a timely fashion under the Companion Agreement and is poised to proceed with its further obligations thereunder; and WHEREAS, both parties desire to fully clarify and resolve various issues concerning their respective rights, expectations and duties under the Companion Agreement; and Pagel of 5 Agenda Item No. 1684 Octob j ?,�7� 2009 Page 14�i pf 202 WHEREAS, numbered paragraph 13 of the Companion Agreement allows for the amendment or modification of that agreement upon the mutual written consent of the parties or their successors interest; and WHEREAS, upon recommendation by the Transportation Administrator and after reasoned consideration by the Board of Commissioners, the Board finds that this Amendment enhances the County's stormwater management system and is in the public interest. WITNESSETH: NOW, THEREFORE, in consi der t l J)a valuable consideration exchanged` amongst the parties, anc contained above and herein, and tKe fdrnhat shall be fully incorporated f agree as follows (additions in b6fd; deletions in stz" 1. Page two (2), paragraph ),of the Com .ar �, .° , WHEREAS, the County and CDODeve r ck lars ($10.00) and other good and ; rt consideration of the covenants e recitals are true and correct and 91 fob this Amendment, the parties f� agreement is amended as follows: owledge and agree that the valuation of the eligible anticipated construction to the County's Lely Project stonmwater drainage improvements will be based upon professional opinions of the total project's estimated probable costs certified by a professional engineer, which valuation CDC /Developer shall provide to County prior to the commencement of construction as set forth in Paragraph 4 below. v ie" fer- the Geu",'s budge", pufpeses must be pr-evided te the GDetmv., ne late ahan Mafrah ; !`-of 2. Page nine (9), paragraph (7)(B) of the Companion Agreement is amended as follows: Page 2 of 5 O .p. .sue cs, N Agenda Item No .; October 27 2 Page 147 o 2 B. CDC/Developer will dedicate land needed for the drainage improvements, and shall construct, the Avalon School outfall canal and p_em Stfeet Relief Syste as geographically ; and approximately depicted in Exhibit D, attached hereto and incorporated herein, upon the commencement of construction of the Sabal Bay Development. As to the Fern Street Relief System, CDC Developer agrees to maintain the current positive outfall already in existence which adequately conveys stormwater flow from Fern Street. 3. Page eight (8), paragraph five (5) of the Companion Agreement is amended to add paragraph 5(K), as follows: K. Upon performance of the Companion Agreement and as otherwise provided herein, County agrees to reimburse CDC/Developer for the conveyances of land in fee simple in accordance with the su Reality Resources dated Februj County's share of the actual pos agrees to the proportionate to the County on January 19, Z agrees with the current pra a� 2007, attached hereto as Exhibi#�G 4. Except as set forth in lh�is re�4v ogre teal property appraisal from Integra r �3 -2004, ttaca he& r as Exhibit "E." As to the *4he- design, a mittin and construction, the Coun 1 ty aculat r ndrx e R-WA `IConsulting, Inc. provided atta a la rr s ib t The County further p`rojesub e, CDC dated January 19, �U ,.— _ � � pr%p�x'on Agreement shall remain in full force and effect. This Amendment shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Page 3 of 5 0 :+C7 .rte N C?Cf b F—.. w Attest: • , C DWIGK�ri-BI�OCk, Clerk By: A� !f Lila f s. eputy Clerk S IgRature WI E Ucl�— SSES: Print Name: � ame: STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 16134 Page 0 Page 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: _ 4�62 - - Jame oletta, Chairman �4 �..� 7 (' P ENT, INC. f - L 5. ►o zr�t� The foregoing instrument ,w4s acknowledged before me this 3 day of March, 2007, by as of Collier Land Development, Inc. He is [ 7(] personally known to me, or [ ] has produced driver's license no. as identification. 4PU B LL (SEAL) Name: L n ^ �,�P n t •,,�, (Type or Print) My Commission Expires: Zli l0 LYNN M. LAFEMPA MY COMMIS" t DD 391519 EXPIFES: February 4, 2009 A, I flnr rwdrr Rbio unewwrrra Page 4 of 5 .cam N H 00 b H c.s, WITNESSES: CDC LAND INVESTMENTS, INC. Print Name: k�V-ZAE5 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrur t✓ t, EA-rJ oa_ w . 'TA-P--r, is [A personally known to m as identification. (SEAL) LYM IL t M' COMIfAM t DD 391519 ee a �rir„ GoF,R cQC Ap as o form I al sufficiency: Ij Scott Teach, Assistant County Attorney Agenda Item No. 16134 October 27 2 Page 149f G � ay of March, 2007, by ind Investments, Inc. He Page 5 of 5 o PCX n�. t a o �,�,�� «> (Type or Print) My Commission Expires: .V .sue cs, Page 5 of 5 Agenda Item No. 16n G October 27.40W (,1 Page 150 of 202 Exhibit "E" 1'ac,e I nj� 4 COMPLETE APPRAISAL IN A SUMMARY REPORT VACAM LAND Lely Canal SW Quadrant of Iamiami Irl & Thomasson Dr Naples, Collier County, FL 34113 PREPARED FOR: Patrick L. Utter Collier Enterprises 3003 Tamiami Trail North Naples, FL 34103 EFFECTIVE DATE OF THE APPRAISAL: November 9, 1986 & October 23, 2002 N,} M Ldm EB. VRCES - SOUTHWEST FLORIDA FeJR uFntj r: 152- 2003 -0383 � r� i( 7`1 f { f J ii � R �r 1.r r i j A.. 1I rz o � 0 2003 BY INTEGRA REALTY RESOURCES C > b G'1 .tom . ts� rn February 5, 2004 Patrick L Utter Collier Enterprises 3003 Tamiami Irail North Naples, FL 34103 SUB.IECI: Market Value Appraisal Lely Canal SW Quadrant of Tamiami TT-1 & Ihomasson Dr Naples, Collier County, FL 34113 Integra Southwest Florida File No 152- 2003 -0383 Dear Mr Utter: Integra Realty Resources - complete appraisal of the r opinion of the retrospectii November 9, 1986 and Oct This report is intended i report set forth under S Appraisal Practice (USP� reasoning, and analyses tl concerning the data, reason contained in this report is a ,J" R Co /11� IoriF da is pleased io%ra) rroperty. The purpose 6 &j value of4he -Fegw imple 02�, the_offective de oftl used in the appraisk td analyses is retained c 3o the needs of the Agenda Item No. 1 October 27, 2 Page 151 of 22 PQ,�c Z o � 4 the summary report of a ?praisal is to develop an � of' the property as of fora summary appraisal tpr�c>ards of Professional w`sions of the data, apporting documentation /The depth of discussion the intended use of the appraisal as noted herein As of the effective date(s) of a P I � ' ai�tf �rs �a � va cant, cant, unimproved tract of land i . containing an area of 1,605.45 acres, zoned for agricultural uses. It is presently known as the CDC PUD/DRI, and is located at the southwest quadrant of Tamiami Trail (US 41) and Ihomasson Drive. The specific parcels that are subject to this appraisal are 14.2 acres of upland, 18.6 acres (15.5 acres of wetland and 3.1 acres of upland), and 13 9 upland acres of the Lely Canal; 9.68 upland acres, and 2.52 upland acres of the Lely Manor Canal; 3.5 upland acres of the Avalon School Outfall; and 10 upland acre of the Fern Street Relief System. These parcels collectively total 63.4 acres, of'which 15.5 acres are wetland. O ley .cam N ts� Agenda Item IIt� Octob B0- Page r�7 GV Page 15 0 2 pip 3 o-� 4 Based on the analyses and conclusions in the accompanying report, and subject to the defuutions, assumptions, and limiting conditions expressed herein, it is our opinion that the retrospective market values of the Fee Simple estate of the various properties was: Lely Canal As Of November 9, 1986 14 3 Acres of Upland S286,000 18.6 Acres 3.1 Acres of Upland $62,000 15.5 Acres of Wetland $20,150 Lely Manor Canal As Of November 9, 1986 2.52 Acres of Upland --- - ~- $50,400 C Avalon School Outfan& Of, ovember 9,14A6 3 5 Acres 0Q-0 nand � $70,000 Fern Street RelietS, stem As ovember 9, 1986 1.0 Acre ! f i7aci r` ` $20,000 Lely Canal As C)1`±()cto 23, 2w0 1 r 13.9 t r�es,of Upland $556,000 Lely Manor Canal.As October 23, 2002 f 9.68 Acres ofii7�pland �`'d S387,200 0 N Oar r� WPM. LT1 M P45A 4 o f- 4 Agenda Item No. 1664 Octobef7 0 Page 1 3 6 ly.� The preceding value conclusion is subject to the following Extraordinary Assumptions and Hypothetical Conditions: 1 We were not furnished a land survey for the areas subject to this appraisal, but were provided land area estimates by the client. It is assumed that the land area estimates are accurate. Integra Realty Resources - Southwest Florida reserves the right to change our value conclusion, if"wartanted, upon receipt of any information that could affect the value conclusion.. 2 Values are based on two separate effective dates of appraisal: November 9, 1986, and October 23, 2002 The conclusion of value is based on an analysis as if the subject parcels are zoned agricultural, regardless of the current CDC PUDIDRI zoning designation. Ihese instructions are per the "Companion Agreement" between Collier Development Corp. and the Board of _-CDmr issioners of Collier County, a copy of which is contained in the adders If you have any questions or collQn n st please contact the ur ersrgned. Thank you for the opportunity to be of'service. / --/ � Respectfully submitted, INIEGRA REAL IX RES( Timothy P. Brennan Florida State - Registered Trainee Real Estate Appraiser RI# 8836 Supervised by Julian L.H. Stokes, MAI Florida State - Certified General Real Estate Appraiser RZ# 490 ' Julian Id vS.tolC�s/' Al, CRE, CCIM Florida State -C�� &d General Real Esta(teaisyr RZ# 490 CRE, CCI CA�� / I 4 . o PCs .ia 00 W10 C� ] .fi44. C.rs Exhibit "F" Sabal Bay Agenda Item No. 16134 Octob, 4n,2^9 Page 5f If pcgz►04Z Water Management Supporting Calculations & Results for Pro -rated Contribution Pursuant to Developer Contribution Agreement � r Eagracers, IN G Survcyois & tinper�' 1. Planners, & Pm)ect-ma ria rs (} N J�1_�- 6610 Willow Park Drive 1542 Carson Street Suite 200 Fort Myers, FL 33901 Naples, FL 34109 (239) 278 -5224 (239) 597 -0575 Enrilio J obau, P E. Principal O .tom tv COO '-v rn 0 G C v� a: h, V) o� J4 a Q r� v� N T M w � I 0 U A CL ' w 0 u o e n 00 e+ 00 e � Agenda It B4 Octo e 09 Pa g- �02 104-59 Z C4 Z z E E 7 G C C co C W H t� N m c m C7 O m m m S O <O O O u O N •ico .tom N C� + O 'o t O � O t+l u n W ti v Cl II Q 0 o x A a Agenda It B4 Octo e 09 Pa g- �02 104-59 Z C4 Z z E E 7 G C C co C W H t� N m c m C7 O m m m S O <O O O u O N •ico .tom ' Agenda Item 64 - - October Page 156 of 202 Exhibit "G" LELY CANAL PROPOSED BUDGET (Presented on January 19, 2007) Description of Work Proposed B Budget Environmental Services $ $ 110,100 - Est. Environmental, Permit Costs to date' $ $55,500 Civil Engineering $ $ 100,500 - Est Civil Engineering Permit Costs to date $ $37,700 Excavation $ $3,167,138 Rock Blasting and Handling •* $ $1,000,000 Water Quality Monitoring $ $ 36,000 Controlled Burn $ $ 52,500 Exotics Removal $ $ 294,000 Plantings $ $ 115,000 Miscellaneous $ $ 25,000 Contingencies (Approx 5 %) $ $ 250,000 Total Cost Modified Drain4agegn� $ $5,243,438 Less 3,500 CY Excavati16 at $2.28/CY f - - $7,980 Total Cost LASIP Aesigrfi —,t 5 23 $ , 5,458 County's Proporbonat&—ZttarVj" 1 , Less 3,504 cubi4 ya 1r6s of ezcava io �D ' r $4,981,538 NOTE: Eighty percent of «iota roj udge wiji be spen 6!K:Excavation. (Ex. Grading the canal, building tgmb�nkments, spreading` in designated areas and creating a spreader lake wit}treir, in order to contthe water level in the tang{.) The proposed budget reflects't:he le er of two bids for thi work'/ 0 I W Y j Fj N K- Agenda Item No. 16B4 October 27, 2009 Page 157 of 202 FIRST AMENDMENT TO OCTOBER 22, 2002 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS AND SECOND AMENDMENT TO OCTOBER 14, 2003 COMPANION AGREEMENT REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS AMENDMENT is made and entered into this It ay of ArQ , 2008, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer ") and CDC Land Investments, Inc., a Florida corporation, formerly known as Collier Development Corporation, a Florida corporation (hereinafter referred to as "CDC "), which, along with their respective successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County"). RECITALS: WHEREAS, the parties entered into that certain Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002 and recorded in Official Records Book 3138, Page 2357 of the Public Records o"6)ie Eou rity, Florida (hereinafter the "Contribution Agreement "); and WHEREAS, the parties enTf .ihfo that certain Coml Developer Contribution Agreement Regarding--t e Lel �,e dated October 14, 2003 and recorded in Oit`fi'� Records Boob - Collier County, Florida (here haft �tl `eG nx Amendment to the October 14 200 om e e t Drainage Improvements dated Bchh 7 2 and,•re grded in the Public records of Collier iC®un , Flo i (here Ve Agreement "); and Agreement to the October 22, 2002 Sui'face'Water Drainage Improvements 3424,Tag� 337 of the Public Records of e,e,,), as amended by that certain 66L�ittt. rding the Lely Area Surface Water al Ards Book 4218, Page 1451 of Amendment to Companion WHEREAS, paragraph 32 Tih�vContribution Agree � _ 6#1paragraph 13 of the Companion Agreement allow for amendment or mo &i A-tio upon the rni a1 vr`itten consent of the parties or their successors in interest; and r cvxL WHEREAS, Developer and County have agreed to amend the Contribution Agreement and the Companion Agreement, as amended, as provided herein. WITNESSETH: NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration previously exchanged between the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Paragraph 5E of the Companion Agreement is amended as follows: "E. CDC /Developer shall dedicate and convey, at no cost to the County, 011 Fights ~- and interests it has te a drainage easement for the existing Lely Canal that historically has been maintained by Collier County. A graphic rendering of this area is shown as "Leiy Page I of 8 1A H Cz JO o- CD -y ze S. -. N O o AI O n ti e. 0 y H b r 0 0 va o a o oco co N b 0. rn �C y -C e~e a W o .-d r r- r oe as �o Z PO to a 0 Agenda Item No. 16B4 October 27, 2009 Page 158 of 202 Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated therein at 21.2 acres. All references to acreage herein, including this reference, are estimates only, with a final determination of actual acreage to be determined in a customary manner by the County." Paragraph 5F of the Companion Agreement is amended as follows: "F. CDC/Developer shall dedicate and convey to County a drainage easement for an additional 14.3 acres for the Lely Canal, representing the area of the widening of the existing canal. A graphic rendering of this area is shown as "Lely Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B. Collier County shall pay CDC/Developer the appraised fair market value for the 14.3 acres drainage easement and the land valuation shall be apprised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land." 4. Paragraph 5G of the Companion Agreement is amended as follows: "G. The current LASIP Project design for the Lely Canal substitutes a spreader lake in place of a spreader water way --. �raphic._rendering of the spreader lake is shown on "Lely Canal (Per LAS1P� -D siggft__ach�ereto�as part of Exhibit B. This spreader lake is approximately l4: acres. Collit- � ,ittn shall pay CDC/Developer the appraised fair market(' of a drainage ea se over these 13.87 acres, and the appraised valuation shall -be— determined as of Octo�er 1223, 2002 when the County and CDC/Developer entered iiftb�`the�Co Contribution Agreemen� with the valuation based on pre -PUD Agriculturaing credited for 18.4 aca�ffset. i - rchase price, the County will be �t res of 66C�e�+e E e �Iapd 3.V{acres upland, 15.5 acres wetland) of the 26 -acre spreader'walerw �caarral AE aphicJenderIng,,pf this area is shown as "Lely Canal (Per 1985,`t44a ie"I n). atTach". reto`a parxiqf hxhibit B. This credit will be based upon an appraisal, and valuation shat , ee appraise ,has of the value of Agricultural zoned land on the' a�y before the County7lik 1.086_ ezoning to "PUD" of the CDC DRUPUD land, considering the spreader canal s�lan8- characteristics as either wetland or upland. "�; 5. Paragraph 3 of the First Amendment is.:desletdd in its entirety and replaced with the following new paragraph 5(K): 6. "K. Upon performance of the Companion Agreement as amended by the First Amendment, and as otherwise provided herein County agrees to reimburse CDC/Developer for the conveyances of (i) land in fee simple (specifically the Lel Manor Canal described in Paragraph 8 of the Companion Agreement) in accordance with the summary report of the real propeM appraisal from Integra Realty Resources dated February 5, 2004, attached hereto as Exhibit "2" and (ii) by drainage easement (specifically, the Lely Canal described in Paragraph 5 of the Companion Agreement as amended and the Avalon School Outfall Canal described in Para-graph 7 of the Companion Agreement as amended) in accordance with the summary report of the real property appraisal from Integra Realty Resources dated July 26 2007 attached hereto as Exhibit "3 ". As to the County's share of the actual costs of the design, pgrmittin and construction the County agrees to the proportionate share calculations rendered by RWA Consulting, Inc. provided to the County on January 19 2007 attached hereto as Exhibit "F" to the First Amendment The County further agrees with the current proposed project Page 2 of 8 w cn rn .-d G] 0 v tr Agenda Item No. 16134 October 27, 2009 Page 159 of 202 budget submitted by CDC dated January 19, 2007 attached hereto as Exhibit "G" to the First Amendment." 7. Paragraph 5 of the Companion Agreement is amended to add a new Paragraph 5(L), as follows: 8. in its entirety an "L. The parties acknowledge and aeree that CDC/Developer shall construct the Lely Canal in accordance with a Modified Drainage Desian and that CDC/Developer shall dedicate and convey by drainage easement lands for the Lely Canal to be constructed by CDC/Developer. Accordingly, upon the completion of construction of the Lely Canal by CDC/Developer, the Drainage Easement recorded in the Official Records Book 157 at Pages 269 through 270, inclusive of the Public Records of Collier County. Florida ( "Existing Easement ") shall be terminated and replaced by the drainage easement as set forth in Exhibit "1" attached hereto and made a part hereof which reflects the meandered non - linear canal design (the "Replacement Easement ") The parties further acknowledge and agree that the (i) Replacement Easement set forth in Exhibit "1" attached hereto shall depict 52.27 acres of easement area and (ii) County's LASIP designs plan for the Lely Canal contemplates 49.37 acres of easement area The County agrees to pav and the Avalon School Outfall Canal CDC/Developer shall convey by drainage easement land needed for the Avalon School Outfall Canal System drainage improvements and the parties hereto shall execute and record a form of the drainage easement substantially similar to Exhibit "1" attached hereto and incorporated herein As to the Fern Street Relief System, CDC/Developer agrees to maintain the current positive outfall already in existence which adequately conveys stormwater flow from Fern Street C. The County shall reimburse CDC/Developer for the value of the dedication for which the County is responsible for payment within three (3) years of the date the real property or easement is accepted by the County and shall be valued based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DR /PUD land. Notwithstanding the foregoing the County, during any fiscal year, shall not expend money, incur any liability or enter into any contract which by its terms involves the expenditure of money in excess of the amounts budgeted for such projects as available for expenditure during such fiscal year. Accordingly the Parties agree that the County's performance and obligation to pay within the timeframe provided under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners of Page 3 of 8 0 w c.r. cs� 0 v rn Agenda Item No. 1684 October 27, 2009 Page 160 of 202 Collier County. In the event funds have not been appropriated to timely make payment as provided herein County shall within ninety (90) days of learning of such non appropriation, give CDC/Developer written notice of the need to amend the agreement to extend the time for payment, and the parties agree to extend the time for payment to no later than the first 30 days of the immediately following fiscal year." 9. Paragraph 8C of the Companion Agreement is hereby modified by adding the following additional provision: "Exhibit "C" is hereby deleted in its entirety and substituted therefore Exhibits "5" (lake) CDC/Developer has elected not to dedicate or convey less than a thirty five (35 ) foot strip and therefore any and all references to the CDC/Developer Portion are deleted in the entire !y." 10. Paragraph 8 of the Companion Agreement is amended by adding the following additional Paragraph 8(E): "E. CDC/Developer shall dedicate and convey at no cost to the Countv within 9n w me easement. t ne maintenance road easement may be relocated in the reasonable discretion of CDC/Developer, and CDC/Developer shall retain the right to utilize the maintenance road easement area for any purpose that does not unreasonably interfere with the intended purpose of the easement including but not limited to the right to install fences and gates that restrict access to other than the County. In the event that the permanent non - exclusive maintenance road easement is relocated by CDC/Developer, CDC/Developer shall be responsible for clearing and stabilization of the new easement area. CDC/Developer shall provide to County access through the interior roadway network of the Development such that County can reach the temporary construction easement and permanent maintenance road easement Nothing herein shall create any right or easement for the benefit of the general public." 11. Paragraph 12 of the Companion Agreement is hereby modified as follows: 412. All conveyances set forth herein shall be in fee simple to the County by warranty deed except as may be specifically provided herein such as but not limited to the Lely Canal and Avalon School Outfall Canal as described in Paragraphs 5 and 7 which shall Page 4 of 8 a ..a C_ C_Y_ b 0 3 Agenda Item No. 16134 October 27, 2009 Page 161 of 202 be by grant of easement. With respect to such conveyances and easements, the County shall be responsible for paying the costs of any title work and searches, and CDC/Developer shall be responsible at its costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work." 12. The fourth paragraph on Page 4 of the Contribution Agreement is hereby amended as follows: "WHEREAS, the County finds the plan of dedication in fee, or by easement as further specified herein or in the Companion Agreement as amended for the Donated or Conveyed Land described in Composite Exhibit "B" is in conformity with contemplated improvements and additions to the transportation network as described in the Collier County Long -Range Transportation Plan and to the storm water management plan of the County; and" 13. Paragraph 20 on Page 10 of the Contribution Agreement is hereby amended as follows: "20. The duration or availability of impact fee credits or cash payment pursuant to this Contribution Agreement, shall not criod in excess of five (5) years from the date the County acknowledges if e' ,prgved contribution or from the actual date of dedication, bu�i vent shall theme dtrr j i i e:Cceed seven (7) years, exclusive of any controlling mdraiofia, from the date of,�recb� ding in the official records. 14. Paragraph 31 on Ag!jerhent is. creby amended as follows: "31. CDC/De ,wiper will convey to Coun fee, any land owned by CDC/Developer tecfa i�d for drainage /r�ti ��'un�provements required for the Realignment Projecti,d �e Lely Project base unty approved locations selected by CDC/Developer and */D veloper shah ovsuch lands in fee to County on the final plat of CDC/Develop 'S )anP c4nim fie Projects unless the County requests conveyance b warranty dee Y Y Y tyoiistan mg the foregoing, an conveyance of land for the Lely Canal or for the Avalon School Outfall Canal shall be by grant of easement as more fully described in the Companion Agreement as amended " 15. Except as modified herein, the remaining provisions in the Contribution Agreement, Companion Agreement and First Amendment to Companion Agreement shall remain in full force and effect. 16. If there is any conflict between this Amendment and the Contribution Agreement, the Companion Agreement or the First Amendment to Companion Agreement, the provisions of this Amendment shall prevail. Page 5 of 8 w rn -�a 0 w rd l DONE AND ORDERED thist�Oday of r ! 2008. J ^ . L, APPA ,N RM AND LEG S v ltI CY SCOTT R. TEACH, MANAGING ASSISTANT COUNTY AT 70 Agenda Item No. 16134 October 27, 2009 Page 162 of 202 OF COUNTY COMMISSIONERS COLLIER CO TY, FL DA By: V TOM HENNING, CHAIRMAN ORNF.Y o- Page 6 of 8 v 0 WIMP Agenda Item No. 16134 October 27, 2009 Page 163 of 202 WI ESSES: Q COLLIER LAND DEVELOPMENT, INC. V— (Signature) �kee� i'�1►u}A�'t.. .Vice President (Print full name) (Signature) S" 1 V R E • k!bft mD7 (Print full name) STATE OF FLORIDA COUNTY OF COLLIER ,,j A The f going-Agreement Agreement was executed before me thin day of iit 12008 by MiCh4e -( P is resident of Collier Land - -opment,, Inc. Notary blic — t of Flolida CAI Name i ` � MY COMMISSION 519118 EXPIRES:Juie18,2010 Certificate No. % Iftway Pak Lvd"a" My Commission Expires &116,16)o l �, D5C LEA D IN, E � � S, INC. ,N; `f Vice President (Print full name) C E (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing A ement was executed before me this day of +l ' 2008 by &er'l- Car's ,eq a Piq P sident of CDC Land Investments, Inc. Notary ublic = S t of Florida C5"F& NTAww t DD 519118 Name d s"i :'� UpsISSION : jum 18, 2010 Certificate No. L1idi"''"' My Commission Expires L06-16-10 Page 7 of 8 9 ca ts� rn 0 v N 0 Agenda Item No. 16134 October 27, 2009 Page 164 of 202 Exhibit List for First Amendment to Contribution Agreement and Second Amendment to Companion Agreement Exhibit 1 - Drainage Easement - Lely Canal Exhibit I - Land encumbered by Existing Drainage Easement Exhibit 1 B - Lely Canal Legal Exhibit 2 - Integra Realty Appraisal Summary Dated Feb. 5, 2004 Exhibit 3 - Integra Realty Appraisal Summary Dated July 26, 2007 Exhibit 4 - Avalon School Outfall Sketch Exhibit 5 - Lely Manor Canal and Spreader Lake Exhibit 6 - Lely Manor Temporary Construction Road and Permanent Maintenance Easement Exhibits from pre - existing Agreements that ar Tt�re e-E d_in Amendment f ('> Exhibit B - Companion Agreement � I' . / • Lely Canal Existing Conditiot sw • 1985 Master Plan Spreader Lake Exhibit C - Companion Exhibit F - First Amendment - Exhibit G - First Amendment - I -� Lely Manor Canal aiid Sp a ° Lake pl( 1 7I (t Irate sFiare oal on bye Aim ed Project Budget '1• � �,�,,; F:\wpdocs\LMGLV%CoIIier Enterpriscs\sabal Bay�SECOND AMENDMENT TO COMPANION AGREEMENT 4- 15 -08B.doc Page 8 of 8 9 «Z-1:* C-10 c_r. a^_� om V J 0 N EXHIBIT 1 (TO SECOND AMENDMENT TO COMPANION AGREEMENT) Prepared by and return to: Christopher J. Thornton, Esq. Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, FL 34102 DEDICATION AND CONVEYANCE OF DRAINAGE EASEMENT AND RELEASE OF ORIGINAL EASEMENT THIS DEDICATION AND CONVEYANCE OF RELEASE OF ORIGINAL EASEMENT. e ntAgreen day of , 2008, by, -ands Ox:_ DER Florida corporation, whose address D"- Tamiami Tr y LAND INVESTMENTS, IN.G{.,�4,Florida corporation; h North, Naples, Florida 341�0 (col " -. ranto "), aric subdivision of the State of Nlor4a, its suceesszaLs and assi ; Tamiami Trail East, Naples, Flobi� � F—,N~`5,17f)- "7, WHEREAS, Grant$673k s&.`g Jea:j -ar Canal Easement recorded Der;mber 17, 1963 in Records of Collier County, Florid' I (the "Original Agenda Item No, 16134 October 27, 2009 Page 165 of 202 DRAINAGE EASEMENT AND ent ") is entered into as of the LAND DEVELOPMENT, INC., A nth, Naples, Florida 34103, and CDC use` address is 3003 Tamiami Trail COLLIER COUNTY, a political ''Grantee ") whose address is 3301 ent pursuant to the Drainage ►k 157, Page 269 of the Public and WHEREAS, Grantor enterediRJ Q; certain Companion Agreement dated October 14, 2003 and recorded in fftcia cc rcl� $�1�`"3 i 4, Page 337 of the Public Records of Collier County, Florida, as amended by alit-A4m jn ment dated March 27, 2007 and recorded in Official Record Book 4218 Page 1451 in the Public Records of Collier County, Florida and by a Second Amendment dated the day of , 2008 and recorded in Official Record Book Page in the Public Records of Collier County, Florida (collectively, the "Companion Agreement "); and WHEREAS, pursuant to Paragraph 5 of the Companion Agreement, as amended, Grantor is required to dedicate and convey by easement Grantor's right, title and interest in and to the Lely Canal, as constructed in accordance with the Modified Drainage Design; and WHEREAS, Grantor wishes to comply with the provisions of Paragraph 5 of the Companion Agreement, as amended, by granting and conveying the easement described herein; and WHEREAS, in consideration of the easement to be granted by Grantor to Grantee pursuant to this Easement Agreement, Grantee wishes to release and convey to Grantor all of Grantee's interest in the Original Canal easement. cr rn 0 N N Agenda Item No. 16134 October 27, 2009 Page 166 of 202 NOW, THEREFORE, for and in consideration of $10.00, as well as other good and valuable considerations, the receipt and sufficiency of which is acknowledged by Grantor and Grantee, the parties hereto agree as follows: A. Grantee hereby quit claims and releases to Grantor all of Grantee's rights, title and interest in and to the Original Canal Easement and the lands encumbered by the original Canal Easement described in the attached Exhibit IA. B. Grantor hereby grants and conveys to Grantee, on a quit claim basis and without warranty of title, a perpetual, non exclusive easement, license, and privilege, to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage structures and facilities, including but not limited to canals, ditches, swales, earthen berms, rip - rap and retaining wall systems, underground pipes, and various types of water control structures (the "Replacement Canal Easement ") within the following identified easement area, consisting of lands located and being in Collier County, Florida: [see Exhibit 1 B attached hereto .antd= ad a p -hereof (the "Replacement Canal Area")], subject to restrictions and reserva��js of record. � RESERVING UNTc�(G T R, and- Granttor's successors and assigns, w g s, the right to full use and enjoyment of the Replacerne Cap Aiea-fo W.1• uses and purposes not inconsistent with �. r ,t f the right conveyed to Grantee pu�rsuan to this Easemeni A cement including but not limited to, Grantor's right to secure the-Re lac g , �.,�. .�ri 6aria area fro access by the general public by any lawful means as Grantor rhay ,,deem necessary or�desuaa e,,' c uding, but not limited to, the o construction of security fencin , and gates. IT IS FURTHER AGRE'ED" the parties hereto', 1. Terms not expressly defrneierlrirgia} \have the meaning ascribed to them in the Companion Agreement. 2. Nothing contained herein shall be construed as creating an easement or any other right in favor of the general public in or to the Replacement Canal Easement or the Replacement Canal Area or for any recreational use of the Replacement Canal Easement or the Replacement Canal Area. 3. From and after the date of this Easement Agreement, Grantor, or Grantor's successors or assigns, shall have full responsibility for the maintenance of that portion of the Lely Canal located within the Replacement Canal Easement in accordance with all applicable permits, approvals, laws, codes and regulations. 4. In the event Grantor shall fail to maintain the Replacement Canal Easement in compliance with all laws, regulations, permits and approvals applicable to the use of the Replacement Canal Easement for the purpose stated herein, Grantee, after at least thirty (30) days N Agenda Item No. 16134 October 27, 2009 Page 167 of 202 prior written notice to Grantor of such deficiency and Grantor's failure to cure such deficiency within thirty (30) days following receipt of Grantee's notice, shall have the right to enter into the easement area to correct such deficiency, and upon completion thereof, Grantor shall reimburse Grantee for Grantee's reasonable cost to correct the deficiency. In the event such deficiency poses an immediate threat to the safety of any person or property, Grantee may take immediate remedial action, without thirty (30) days prior notice to Grantor, but shall, as promptly as possible, give notice of such deficiency to Grantor. In the event the Grantee enters the Replacement Canal Easement for the purpose of maintenance and damages any landscaping, the Grantee's only responsibility with respect to the landscaping shall be to restore the landscaping to the minimum permitted requirements. 5. Nothing in this Easement Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 6. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall inure to the benefit of the respective parties and their successors, assigns, heirs and personal xepr� This Easement Agreement may be recorded by either party in the public records -6( �ojlier-Counn�- �tprida. 7. The laws of lhiff performance and enforceme of thi 8. By executin thi !Ea and full satisfaction of 'ra�n1 r'k Agreement, as amended.. [signature!','. Florida of page 3 the interpretation, validity, ledges Grantor's complete ph 5 of the Companion lowing page] 0 w c.r rn a N Agenda Item No. 1684 October 27, 2009 Page 168 of 202 IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by its duly authorized corporate officer. Signed, Sealed and delivered in the presence of- Witness Print Name: Witness Print Name: STATE OF FLORIDA COUNTY OF COLLIER COLLIER LAND DEVELOPMENT INC., a Florida corporation By: Print Name: Title: o or ov The foregoing instrutnenr was. -Aj*n 2008, by ; .-- Land Development, Inc., a Florida' coipor`at C produced driver's license no. SEAL Expires: [signatures and acknowledgments continue on following page] 4 me this of w _day of Collier C3- :'sonally known to me, or [ j has L_ 3 as identification. . . N PUTIT Tr cr+ Expires: [signatures and acknowledgments continue on following page] 4 Witness Print Name: Witness Print Name: Agenda Item No. 1684 October 27, 2009 Page 169 of 202 CDC LAND INVESTMENTS, INC., f/k/a Collier Development Corporation, a Florida corporation By: Print Name: Title: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 20008, by 77—a'—, of CDC Land Investments, Inc., a Florid co'tivn^ �A'�W-personally known to me, or [ ]has produced driver's license no. �i' �,, as identification. SEAL 5 N4 i,Pnnt = ame, o111misslo rD C 0 w c� c� rn ATTEST: Approved as to form and legal sufficiency: Print Name: County Attorney FAwpdocsU'nGLV\Collier Enterprises\Sabal Agenda Item No. 16B4 October 27, 2009 Page 170 of 202 COLLIER COUNTY FLORIDA, a political subdivision of the State of Florida By: Print Name: Title: i � , ! `��! ��' � jai- •�.,�`' C 0 cr- Li Z 0 N �J POOR QUALITY ORIGINAL DRAIXAOS CAItAL *ASIME141 ;w•E�'�g • TRIG f N D E N T tF R S , Poch tMi Ind day of Davatpbar, bazweeA Ot7LZT1',!t DrOUMMENr OMPORVION, a aorporatlon ex-0414 W*C the Uwe of the Meta of Plarids, VA havile.1ts pftnalpal plmq of buateaoe of 110 Taniteml Trail, Fteples, Florida, potty of the ties{ pert, find CCU= OOUMV. s you wi snbdlvj44on of ft out* of tlgrltts, havinq'lt4 soar of 90VWVWM t ai Nap3Rlt, whvsi poftpflipe . e wair1s sMOPfoa, oown� of avuler end 1"" of Florio", pbrW of the rte8oad ptttt. t .. 4. WITNselIETRI That the Pero of °the fiat part, for =4 3n ooasidarat iaf i 1.00 Arid ot1►er vatyttbla oettstdorafforrs to 1t In' fW paid by tboYparty of the soccM part, receipt of wbWh ls,Aersby 1 AOtnewladged, has yronbod unw the Percy of TY ttueaesaore in gov"Itiamu, an opsomenTAW r p81j� • Qd+war for t}w st!� of alaaring. oxcevat3e4, o and malataitdrp an ovtfall and dtelgeite oatroi, vFOp a tiuvttgb IvBcn+ing- desC:ifb p• parod of 4vul, situate, IyUV aafl bed d tests of nwida, to-wiQ • n �F . .. A 130 foot sites t:i lar�8"'ly�lnnqq •�let «�a�}t ^s1d� f x� . the IPUOWinq desert asuta73nc �► -] • C301 te.Cin9 at th, X-1, qj, d,.414 20, ' ?ow SO Sstatit, 4�W W alpity .� i the North !tile 4eid'8ae ion 04, 139.56 r feet to afloat !pike 10 � }}�s�q���md. which is ' { also on Wk southwesterly It= aY•aino of qie ! �9 Tsmteatl Trail (0, R, 41)1 theltoa,# 8 3 along 5444 clout w*vter1y Right of 1K y„ laq,Yll t.74t - foot to the oewter of Welktr gnat <teia9 cW aBC3i I Nor hr .ofd MpW lute of Tesateenir thence S 40, 63.39' W 1593.33 toot, tbeW9 a 43127129" W $01.34 foot to a point on tb" West liar► of tteetieo 18 End of CentaT line, Which point' is 428•.37 fsit 0 OtF ";4172" E from the Wesi 1/# earftr of Seabeis 14 Lnd Tie. Conmtnino -3, 2i ' Acres Mcre sir lees. IN WITXE43 WSEREOP sgid Party of tfta Ststplut s •,, r , A ft.,- 9 fi• Agenda Item No. 1684 October 27, 2009 EXhJbif Ic02 O_ .tom W Q'1 Q V POOR QUALITY ORIGINAL bas wood "so pmwntn to bo axaautod in Its PpMo, end tto aorporasa ...now to bs herorneo afr4d, by stn proper offlaaa Moluato duly ' } ` aulhorlsad. tha day and year_ flra t above :written. • t GOL= DMl,0PMz" 0 PvAA7 M •, 0aagtwer atakod and ^ tsrerod !p the poesent:e :• act Harron, Ysaa P►esulaot l_ t l � L . • 7, f. Gatstsoepy.,$e�rtcry. •': .''^ �, :;1 �.. � .i• �`., ,'►. ;.:, gat.:: ttt'M or FWPJ M ) 1 CQtrXw OF 00=4 1 -` • J° ` t T I UREVx C&a71ry that.Qll-Mn day, borne mo, an y pUlper logy mpkkw Led In the Ovate. oOt ataAffa Sclaid to take • aotstpi.Letye,ents, DPr4orrallY'aPp/ �'lv�tr�rir JC: 'HA�tse�n, a� nd )�.� . rwmiaea, drill kr19wn to me to ' r+sppoe��ii• or 4� / bh'n� : PtsloA fp ' `H� � - C -91HO; bovelown"t n p6r In the aeganq Drainage OaDalmEa at hy se a 6 alty t ' . ^� acknwledged execuiing tha sam u . a�.ipr tti,o'sulisFrsb ' � , wtttteap� rtQBl�% 4iid voIurtterily suthoctp duly vista4 in them by said as atioa and that the saw .. � afisxnb aw`s s" tree .corDOCAta , �. gael of $ai*i oospotatfoA. -- + WMRI 68 my hand and official seal i>a the ,a :`r Go1at!►tY Yr•ad State aforesaid this Tnd day o! December • j • � Til � 1• l C � i• ,t - ' y.•(,•�L' J 1. ' �7✓ , C.L� T7 et.4� �} ' �;•..... F Apnlgr�s cwt K tlna'MRI L aan,7 gJ Agenda Item No. 16134 October 27, 2009 Page 172 of 202 O r� t:a c.n rn 0 tV Agenda Item No., 116x134 � E h7 02 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLUER, LYING IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 25 EAST AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 28 EAST; THENCE N.00'1 3'03W., ALONG THE WEST LINE OF SAID SECTION 19, FOR 2,222.38 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE N.71'22'59"E., FOR 109.33 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 531.75 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 38'05'01 AND BEING SUBTENDED BY A CHORD WHICH BEARS N.52'20'29"E. FOR 522.01 FEET; THENCE N.33'17'59'E., FOR 167.67 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 291.58 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 20'52'58' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.43'44'28'E. FOR 289.97 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY 205.48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 419.65 FEET THROUGH A CENTRAL ANGLE OF 28'03'17' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.40'09'18'E. FOR 203.43 FEET; THENCE N.26'0739'E., FOR 196.28 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 60.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 230.97 FEET THROUGH A CENTRAL ANGLE OF 14'57'51' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.33'36'35'E. FOR 60 15 FEET; _ ._ --- -- THENCE N.41 .05'30'E., FOR 384.98 FEETTO A 5QI O i�STERLY RIGHT OF WAY LINE OF TAMIAMI TRAIL (US HWY. 41�..SYATE �t�0 �1.� THENCE N.39'03'52'W., ALONG SAJd W $.TFM.'Y LINE, FOR ,5T' FE , THENCE S.41'0530'W., FOR 425<�i5 F Tb A POINT OF CURVATCIR THENCE SOUTHWESTERLY 121.7QMFlEXT ALONG THE ARC OF A TANG IAL CURVE TO THE LEFT HAVING A RADIUS.OF 46597 FEET THROUGH A CENTRAL AN4E OFr14.57'51" AND BEING SUBTENDED BrrA CHGfR6F Wf41( ii BEARS S.33'36'ri4 W. FOR 181.35 MET; THENCE S.26'07'39'W., FOR 196,28 FEET- T4L4POINT OF CUWAjURE; 1 THENCE SOUTHWESTER ^/ 90.41 FEET ALONf�3.THEIA OF A TANGENTIAL �URV TO THE RIGHT HAVING A RADIUS OF E,IrT' U19'AF 28'03'17' AND BEING SUPTENCJ@ 4Y A ;t H E` . S S 40'0918. FOR 89.51 FEET TO A POINT OF RE ERS , jCURVATLUJ�RtE; � THENCE SOUTHWESTERLY 3 .23 FEET,�il.0 ,G E RCA EV $RS CULE T THE LEFT HAVING A RACMUrO ''4,;03' &46 F `334 Q'GGH i-ENTRAt ANGLEOF- 20'52'58' AND BEING SUS�T 'ED 8T-7C CHO�FOTGV�HIC S.43g4�T'W. QR'3,75.14 FEET: `` THENCE 5.33'17*59W., FOR"167. 7 FEET TO A POINT OF CUR IRE; •'w.J THENCE SOUTHWESTERLY- FEET ALONG THE ARC OF RNG N fl G11 VE TO THE RIGHT HAVING A RADIUS O 66.00 FEET THROUGH A CENT�ANG7 38'05'01' AND BEING SUBTENDED lWkCHORD WHICH BEARS S.52-RC�9 . OR 368.67 FEET; �,}} THENCE S.71'22'59"W., FOR 139 3`FE@"F�T'QL "PQUa�Qy p,GURV� ) THENCE SOUTHWESTERLY 956.70 FEES Atc�l, T AR !(NOIV;TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS b 910.0 FES �JUGH A CENTRAL ANGLE OF 60'14'10' AND BEING SUBTENDED BY A CW61TD-WHI@HEtiRS S 41'18'49'W. FOR 913.25 FEET TO A POINT ON A CURVE; THENCE SOUTHWESTERLY 446.64 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 918.22 FEET THROUGH A CENTRAL ANGLE Page I of 14 RAZIM 030036 00.02 %" aty • t tly 1Atw, Ca wp4w3 Euwaliai Pamir Appiicuiw PaP%C�01 wmS e m lUhiEil A.duc 0 W V'7 CT1 �a7 O W O Agenda Item No, 16134 October 27, 2009 Page 174 of 202 OF 27'5212' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.38'36'10'W. FOR 442.25 FEET TO A POINT ON A CURVE: THENCE SOUTHWESTERLY 592.64 FEET ALONG THE ARC OF A NOWTANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1,288.53 FEET THROUGH A CENTRAL ANGLE OF 26'21 VB' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.28.48'5m. FOR 587.43 FEET TO A POINT ON A CURVE: THENCE SOUTHWESTERLY 395.72 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,052.79 FEET THROUGH A CENTRAL ANGLE OF 21'32'10' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.4D'05'S4'W. FOR 393.39 FEET TO A POINT ON A CURVE: THENCE SOUTHWESTERLY 437.40 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 727.49 FEET THROUGH A CENTRAL ANGLE OF 34'26'52 AND BEING SUBTENDED BY A CHORD WHICH BEARS S.28'31'01M. FOR 430.84 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY 89.60 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 190.59 FEET THROUGH A CENTRAL ANGLE OF 26'58'13' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.20'44'45'W. FOR 88.78 FEET; THENCE S35'5819'W., FOR 187.56 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 229.19 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1,035.00 FEET THROUGH A CENTRAL ANGLE OF 12'41'1 B' AND BEING SUBTENDED BY A CHORD WHICH BEARS S 29'37'41- FOR 228.73 FEET TO A POINT OF REVERSE CURVATURE; W. THENCE SOUTHWESTERLY 157.28 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 11.15'5Y AND BEING SUBTENDED BY A CHORD WHICH BEARS S.2B'54'59'W. FOR 157.03 FEET TO A POINT OF REVERSE CURVATURE.; ---- THENCE SOUTHWESTERLY 404.55 FEET NG,, OF EVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1,03. FEE t;7 A - FR14L ANGLE OF 22'23'42' AND BEING SUBTENDED BY. FkjttD S'vHlCH BEAARS-&23'1v2f� FOR 401.98 FEET TO A POINT OF REVERSE C�UF�6 713RE; THENCE SOUTHERLY 98.99 F6ETT�L.OMB THE ARC OF A REVERSE !Rt E TO 7HE RIGHT HAVING A RADIUS OFp- 793.72,,FEET THROUGH A CENTRAL ANGLE'QF 07'8.6'44' AND BEING SUBTENDED BY A CHCdRDWFIfCR gEAM_$,1 •43'36'W. FOR 98,92 FEET; THENCE S.19'17'57 -W,. FOR 157.89 FEGZ-T0.kPC pF CU_RVA*IJRE; THENCE SOUTHWESTERLY 181;70 FEET ALONS}AE >e-ARC OF A TANGENTIAL;CURVE TO THE RIGHT HAVING A RADIUS OF E QUGk gENT1 A 7lCNGLE OF 13.00'48' AND BEING SUBTENDM I�plR I E�pR 5.25'48 1': 14. AOR 181.31 FEET TO A POINT OF REVERS tCU VATURE �� r� y , i THENCE SOUTHWESTERLY 98 F ET �j )DN THE A � � REVE E CURVE TOTHE LEFT HAVING A RADIUS Q, jjj,��j T L ANGLk OK07'047bJ AND BEING SUBTENDED BY A'CJ;I d *KICH BEARS-S. 8'4 ' FOR 9'78 FEET 'A POINT OF REVERSE CURVATU�iE , / THENCE SOUTHWESTERLX 3 0 FEET ALONG THE ARC OF�•REVERSE CiJ-RY£IfO THE RIGHT HAVING A RADIUtS4�.00 FEET THROUGH A CEWAL ANGL O"F/ 16'0129" AND BEING SUBTEN�iEI T A CHORD WHICH BEARS 39'-444* 'FOR 223.02 FEET TO A POINT ON A CURV '" � THENCE SOUTHWESTERLY 59.DT�FEE AZONG THE ARC OF A NQN- NGENTIAL CURVE TO THE LEFT HAVING A RADIUS OM.94 F.B OU - CENiRA ANGLE OF 25'28'47' AND BEING SUBTENDED BY71,CH0Rp.YV 43EARS f5, 27`Q2 )q-W, FOR 58.59 FEET TO A POINT ON A CURVE; �` 1 11�_ THENCE SOUTHWESTERLY 145.96 FEET ALOWGTHE ARCpF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 125.51 FEET THROUGH A CENTRAL ANGLE OF 66'37'49• AND BEING SUBTENDED BY A CHORD WHICH BEARS S.58'5326'W. FOR 137.87 FEET TO A POINT ON A CURVE; Page 2 0(14 R_V00310500 401M %0all Ray - I iy Mvi � 0-MM3 E--kn Pe k Appl -ion hepK:aml reset a,MM ;,jA,;i A4. W V C n O w Agenda Item No. 16134 October 27, 2009 Page 175 of 202 THENCE SOUTHWESTERLY 201.87 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 121.58 FEET THROUGH A CENTRAL ANGLE OF 95'09'04' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.47'23'33'W. FOR 179.46 FEET TO A POINT ON A CURVE; THENCE SOUTHWESTERLY 164.08 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 90.47 FEET THROUGH A CENTRAL ANGLE OF 1D3.54'4D'AND BEING SUBTENDED BY A CHORD WHICH BEARS S.51'01'45'W. FOR 142.50 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY 144.17 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 157.00 FEET THROUGH A CENTRAL ANGLE OF 52'38'43' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.7B'4044'W, FOR 139.15 FEET; THENCE S.50'22123"W., FOR 179.53 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 62.61 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 3B'3420- AND BEING SUBTENDED BY A CHORD WHICH BEARS S.69'39'33"W. FOR 81.43 FEET; THENCE S.88'S6'43"W., FOR 14.45 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 33.09 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 104.50 FEET THROUGH A CENTRAL ANGLE OF 18.08'36" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.81 .58'59'W. FOR 32.95 FEET; THENCE N.72'54'41'W., FOR 63.21 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 61.05 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 157.D0 FEET THROUGH A CENTRAL ANGLE OF 22'16'40" AND BEING SUSTENDED BY A CHORD WHICH BEARS N.84.03V W. FOR 60.66 FEET; THENCE S.84'4819'W.. FOR 8.76 FEET; THENCE S.85'14'31'W., FOR 44.15 FEET; THENCE S.90'00'00'W., FOR 51.65 FEET; THENCE N.84.17'431N., FOR 37.33 FEET; THENCE N.75.W21"W., FOR 26.24 FEETT-CrA.1 �O C R TURD THENCE NORTHWESTERLY 10.26 F A Ei7T1AL CURVE TO THE RIGHT HAVING A RADIUS OF 25E ROUGH A CENT ��1yyOF 23.31'16, AND BEING SUBTENDED BY A� jj ICH BEARS N.64'12'42'W R tail FEET: THENCE N.52'27TM.. FOR 52. THENCE N.56'11'15'W., FOR, 7.42 FEET TO A POINT ON A CURVE; THENCENORTHWESTERLTL12 .56,,fEF,TALONGTHEAR>M.p,, TN -TANG NTIAL�URVE TO THE LEFT HAVING A RADIUS F 50'`F'CTHRQ�JGH A TN-TANG ANG OF 14'23'50" AND BEING SUB END D BY A CHOR WHI �6EARS N.�3.31'2TW. FDR 1,2.53 FEET; C11 ++','� THENCE N.70'4322W., FR 5 U THENCE N.71'2738'W., FOR 5 ; THENCE N.71'34'38'W., FiDV i gAl N FI VE; THENCE WESTERLY 3.551F`E fGE R LEFT HAVING A RADIUS F.45�HROUGH A CENTRAJANGLE F 04' A lw. ND BEING SUBTENDED BY A i EE TO AA POINT 3' CURVE 'OR 3.5 FEr, / THENCE N.76'06'D3'W., FOfj f THENCE WESTERLY 7.18 FE SAIL G THE ARC OF A TANGE tt C RVE�T� TMF LEFT HAVING A RADIUS OF 45.00 F� UGH A CENTRAL ANGLE OF W'98'$4 ,,AND BEING SUBTENDED BY A CHORD WHIC�R BEAR N.80'40'10 "W. FOR 7.17 FEet ^ �r THENCE N.85'14'17-W., FOR 1 9.1 k, - !3 POINT OF CURVAyIdFE� THENCE WESTERLY 1.55 FEET ALON, . E�INEIENkjIAL C119V'E TO THE LEFT HAVING A RADIUS OF 45.00 FEET THRQLIG P}"�CE�wTl yQ 5 OF;,$1'58'37' AND BEING SUBTENDED BY A CHORD WHICH SEARS\R1.8d!_J � 6'Yt]',-F(fRy 1 EET; THENCE N.87'12'54'W., FOR 27.52 FEET TO A POR�T�'OF , R�URE; THENCE WESTERLY 2.19 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET THROUGH A CENTRAL ANGLE OF 02'47'06' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88'36'27W. FOR 2.19 FEET; THENCE S.90'00'00'W., FOR 20.98 FEET TO A POINT OF CURVATURE; Page 3of14 R1200P03oDl6.00AI y6o1 ary • Lcly Mein C NXp) Lxe�ntron P®nit Applies, ftplC:iroi nccen onWAf dtibit A.doc 9 i►i`•s W Q1 G? C� V W [`J Agenda Item No. 1684 October 27, 2009 Page 176 of 202 THENCE WESTERLY 15.38 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 16'56'43' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.81'31'39'W. FOR 15.32 FEET; THENCE S.73'03'1 7'W., FOR 92.92 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 31.20 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 34'22'30' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.65.52'02 -W. FOR 30.73 FEET; THENCE S.38'40'47'W., FOR 22.43 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 25.46 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 28'03'21" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.24'39'06'W. FOR 25.21 FEET; THENCE S.10'37'26'W., FOR 36.57 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY 34.49 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 61.96 FEET THROUGH A CENTRAL ANGLE OF 31.53'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.042519'W. FOR 34.05 FEET; THENCE 824.23'04`E., FOR 22.11 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 21.22 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 20'36'32" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.34'41'20 "E. FOR 21.11 FEET TO A POINT ON A CURVE; THENCE SOUTHEASTERLY 45.43 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 95.87 FEET THROUGH A CENTRAL ANGLE OF 27'09'06' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.60'33'12'E. FOR 45.01 FEET; THENCE S.68'32'41'E., FOR 40.37 FEET; THENCE S.49'1742'E., FOR 16 54 FEET; THENCE S.33'42'S3 "E., FOR 11 91 FEET TO A POJACLE±N,q..CURVE; THENCE SOUTHEASTERLY 42.53 FEET AL ` ��q NONcTANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 96.8 F E ft ER1Tr�hl ANGLE OF 25'10'11' AND BEING SUBTENDED,B AC ICH $.26�.'� FOR 42,19 FEET; it ✓' THENCE S.20'33'3M., FOR 16.9T F ' �! THENCE S.40'25'37W., FOR 18.42'FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 83.38, FEET ALONG "E -ARC OF A TANGENTIAL CURVE TD THE LEFT HAVING A RADIUS OF 49.N FEEL,IB iOUGH-A`GEATR7tNANGLE OF 9T7257Sg AND BEING SUBTENDED BY A CHORD WHICH BEAkSS S.O 7M'E. FO� 73.64 FEET; THENCE S.56'59'52 "E., FOR 32.64 E.EET;1 THENCE S.69'13'00 "E., FOR 32.0 FED ,,\I THENCE S.71.38'38'E., FOR 14,18 FEET; THENCE S.72'21'32'E., FOR 18161 FEET; I THENCE S.83'4319"E., FOR129:i11 FE, THENCE N.87'44 37'E.. FOR THENCE N.73'58 '34'E., FOR 22.23 FEET; `-T t THENCE N.62'38'46'E., FOIR'4.12,FEET; THENCE N.59'27'25'E., FOk, FEET; THENCE N.72'2227 "E., FOR 1,1: EET; THENCE N.87.02'43'E., FOR 14,3$ -PE THENCE S.88'32'44'E.. FOR 10.54, FEET THENCE S.48'11'00'E., FOR 104.604FEE! TO ,ROINT O��F C,�Uf�V�� - THENCE SOUTHEASTERLY 28.41 FEET ALO T Gt ;H� £t' CURVE 70 THE LEFT HAVING A RADIUS OF 59.00 F `MRWGl (A'=- .r�NGLE OF 27.35'19' AND BEING SUBTENDED BY A CHORD WHICH BLAIkS S61`5S'40'E. FOR 28.14 FEET; THENCE 5.75'46'19"E., FOR 47.78 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 23.56 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 22.52'55" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.87'12'47'E. FOR 23.41 FEET; Page 4 of 14 RA200S1 M36.00.01 Nshl Bay - I <ly Ma'a C:MAYOM E- C-v*on Pserm ArMmMn PrCP%C lc. U emutlE :hba Adoo W 41'7 Q `7 W W Agenda Item No. 16B4 October 27, 2009 Page 177 of 202 THENCE N.81'20'45'E., FOR 74.27 FEET; THENCE S.83.32'37'E., FOR 28.55 FEET; THENCE S.32'07'59'E., FOR 29.62 FEET; THENCE S.38'5824'E., FOR 19.66 FEET; THENCE S.11'23 34'E., FOR 30.83 FEET; THENCE S.21'S6'54'E., FOR 24.00 FEET; THENCE 5- 33'45'477 -. FOR 25.23 FEET; THENCE S.31'10'36'E., FOR 18.82 FEET; THENCE S.28'20'01'E.. FOR 16.86 FEET; THENCE S.27.02'00'E., FOR 16.82 FEET; THENCE S.25'D7'S9"E., FOR 37.09 FEET; THENCE S.20'22'47'E., FOR 42.72 FEET; THENCE S.29.1343'E., FOR 29.16 FEET; THENCE S.02'1326'E.. FOR 22.37 FEET; THENCE S.02'44'31'E., FOR 11.95 FEET; THENCE 8.22'54441W., FOR 6.59 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY 25.98 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 25'13'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.18'59.01"W. FOR 25.77 FEET TO A POINT ON A CURVE; THENCE SOUTHWESTERLY 25.27 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGH A CENTRAL ANGLE OF 24'3222" AND BEING SUBTENDED BY A CHORD WHICH BEARS S29'3428'W. FOR 25.08 FEET; THENCE S.17'18'17'W., FOR 8.56 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 23.90 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 59.00 FEET THROUGHA-CENTRAL -ANGLE OF 23'12'41" AND BEING SUBTENDED BY A CHORD WHICH,!M�t4 @70 F6,Jzt .74 FEET; THENCE S.27.09'48'W., FOR 41. THENCE S.03' 16'55 "E., FOR 11.42 THENCE S.17'ST3i9W., FOR 22.89,E THENCE 5.26'44'25W., FOR 200,EEV TO A POINT OF CURVATURE, THENCE SOUTHERLY 73.53 FEET ALONG THE ARC OF A TANGENTIAL CURVE T THE LEFT HAVING A RADIUS 017,49.00 FEE�HROUG EAIIkiAL gNGIE OF Bf%'19'S "AND BEING SUBTENDED BY A OHOR01WHI�F9 S S.16'25'30'E F 67.04 FEET; THENCE S.59'35'25"E., FO� 17.41 FEET; THENCE S.86'40'56'E., FOR 20.'M THENCE EASTERLY 33.3 FEEI!74Lf�G �A C F �NE 7RVE T( THE LEFT HAVING A RADIUS (F 52. F ET THIRD GHA CENTR�GL OFD 86'a 38" AND BEING SUBTENDED BY A?CHO W� AF�S.86'4�OZ��f FOR 3 75 FEET THENCE N.75'04'40'E., FOR 3'3. E ZyJrj F y! TURF THENCE EASTERLY 8.43 F O THE AR F A TANGENTIAL CU VE TQ T514 LEFT HAVING A RADIUS OF 52.0b THROUGH A CENTRAL ANG E^OF 09. 7-241 AND BEING SUBTENDED BY A CHORD 10OAZEARS N.70.25'58'E. FOR 8,4�ET; ""/ THENCE N.85'47'15'E.. FOR 34. FEET TO A POINT OF CURVq E;� THENCE NORTHEASTERLY 36 0„4f.E'EZ ALONG THE ARC OF A TANC,E Td CURVE TO THE LEFT HAVING A RADIUS O'�a'�2.0Q,, ET THROUGH A CENTRAL �N . E /41'57'S8" AND BEING SUBTENDED BY A CFIpf# BEARS N.44.48'16°6!Fp�2.24 FEET; THENCE N.23'49'17 "E., FOR 104.85 F 1'O- A,P01NiQF_CU E) ~ THENCE NORTHERLY 17.91 FEET AWMN TME'ARQ-OFt T= xl URVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET T RGQ04 0861T GLE OF 19'43'57" AND BEING SUBTENDED BY A CHORD WHICH BEAR3_R -T 7'TB"E. FOR 17.82 FEET; THENCE N.04'0520'E., FOR 87.78 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY 9.47 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET THROUGH A CENTRAL ANGLE OF 10'26'03" ANO BEING SUBTENDED BY A CHORD WHICH BEARS N.01'07'4 M. FOR 9.46 FEET: Page 5 of 14 IMOD71 M34.00X? Saba1 Dry. LCIY M1M CONAM3 Ezavalan Ptm'l APPIi0d%'A "%Canal Ka nMU%fth,hu A.dw W V7 C:7'1 C.? •�7 W Agenda Item No. 16B4 October 27, 2009 Page 178 of 202 THENCE N.06'2743"W., FOR 81.45 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY 26.55 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 1821'33' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.01'60"04 "E. FOR 26.46 FEET; THENCE NAMD'51'E., FOR 92.38 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 43.32 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 26'41'09' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.23'21"25 "E. FOR 42.92 FEET; THENCE N.36'41'59"E., FOR 139.49 FEET TO A POINT OF CURVATURE; THENCE EASTERLY 120.06 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 93.00 FEET THROUGH A CENTRAL ANGLE OF 73'57'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.73'40'55'E. FOR 111.89 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY 315.88 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 152.70 FEET THROUGH A CENTRAL ANGLE OF 118'3121' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.51'24'1 1"E. FOR 262.49 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 376.52 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 219.05 FEET THROUGH A CENTRAL ANGLE OF 98'29'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.43'58'43 'E. FOR 331.65 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 273.75 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 167.80 FEET THROUGH A CENTRAL ANGLE OF 93'35'03' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.37'26'12 'E. FOR 244.32 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 77.28 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 140.99 FEET-THR000H-A.CENTRAL ANGLE OF 31.24'14' AND BEING SUBTENDED BY A CHURQ1YFkIHE' N. 37 "E. FOR 76.31 FEET TO A POINT ON A CURVE; ` LL THENCE NORTHEASTERLY 170.98 FE{a7 L N THE ARC OF 7_1 AN TANGENTIAL CURVE TO THE LEFT HAVING A FLACIIUS DF`t.035.00 FEET THROUGH.}( CE'SLTRAL ANGLE OF 09'27'46" AND BEING SUBTENtaD.8S' A CHORD WHICH BEARS N.2'1,' 62-t FOR 170.74 FEET TO A POINT OF REVERS CURVATURE; \ THENCE NORTHEASTERLY ".81 FEE ALA ONG THE-g F_ A REVERSE CURVE TO THE RIGHT HAVING A RADIUS C)F 565,00 FL -^fTi WUGH A CENTRAL Y>NGLE OF�7'04' ,05' AND BEING SUBTENDED BY A CHORD WHICH UA�N`.28'4622 "E:y FOR 69.76.FEET,TO A POINT OF REVERSE E RV 235F.$,�' r � THENCE NORTHEASTERLY 235.E7 FEET"AM NG THE 0(? i R RSE;C,URi✓E TO, THE LEFT HAVING A RADIUS OF 1,0 i.00(FEET 1 HOOU(H C`fN,T6AL''A lE`pF 1 •OD'4 " AND BEING SUBTENDED BY A (}FORD WH H SEAJRS l.25'4 20 "E. F 2 571` �U THENCE N.19'17'67'E., FO!# 757, FEET$ " tV- kVATUR l THENCE NORTHERLY 128.29•�E T NG THE ARC OF A TANGENTSAL-CURVE �'11 HE LEFT HAVING A RADIUS Orl 02Q72 FEET THROUGH A CENT ANGL� OF DT`OB'44" AND BEING SUBTENDED BY i42 RD WHICH BEARS N. 15'4339 OR 128.2 ' tT TO A POINT OF REVERSE CURV,A1 *F 1 E THENCE NORTHEASTERLY 312- WNE ET ALONG THE ARC OF A REVEiiSE CURVE TO THE RIGHT HAVING A RADIUS OF 80/0 FEZ THROUGH A CENTRAL ANGt OE 22'23'42' AND BEING SUBTENDED BY A CHORD tBEARS N.23'2194'E: 'fD�NIO J1 FEET TO A POINT OF REVERSE CUR'VATUR , THENCE NORTHEASTERLY 203.48 FEET•EILON ME, AStO QF, REVERS CURVE TO THE LEFT HAVING A RADIUS OF 1,035.00 FEET THE 16ti AICENTF' L-AA3LE OF 11.15'52" AND BEING SUBTENDED BY A CHORD WHICH BE7iR'S N-.2V54'59 "E. FOR 203.16 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY 177.15 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET THROUGH A CENTRAL ANGLE OF 12.4118 " AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29'37'41 "E. FOR 176.79 FEET; Page 0 of 14 R12003%M36-00 01 Ubal W y - Ltly Main Caig=3 EYU"li -1 fkmnt Appliahm I rmpKrnl Kc ccmnlExbibil A.dce 9 F� G.a L' C rid O �J W LJ7 Agenda Item No. 16134 October 27, 2009 Page 179 of 202 THENCE N.35'58'19 "E., FOR 187.56 FEET TO A POINT ON A CURVE; THENCE NORTHERLY 196.69 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 424.74 FEET THROUGH A CENTRAL ANGLE OF 26'32'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.21'57'32 "E. FOR 194.94 FEET TO A PONT ON A CURVE; THENCE NORTHEASTERLY 281.25 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 492.49 FEET THROUGH A CENTRAL ANGLE OF 32'43'15• AND BEING SUBTENDED BY A CHORD WHICH BEARS N.28'2V20 "E. FOR 277.45 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 503.03 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1,287.79 FEET THROUGH A CENTRAL ANGLE OF 22.22'50' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.39'0823'E. FOR 499.84 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 490.56 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1.053.53 FEET THROUGH A CENTRAL ANGLE OF 26'40'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.27.35'56 "E. FOR 488.14 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 570.99 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1,142.43 FEET THROUGH A CENTRAL ANGLE OF 28'38'12' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.37 "05'39"E. FOR 585.07 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY 731.18 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 675.00 FEET THROUGH A CENTRAL ANGLE OF 62'03'53' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.40'24'59 "E. FOR 695.96 FEET; THENCE N.71'22'59 "E., FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. —" CONTAINING 2,276,734 SQUARE BEARINGS ARE BASED ON THE'SO0T44,CINE OF THE SOUTHWEST'Q SECTION 19, TOWNSHIP 50 SOUNe'RANGE 26 EAST, AS HAVING AN OFN.88'23'1VE. I / _ PREPARED BY: RWA INC. FLORIDA CERTIFICATE FLORIDA CERTIFICATE WAIJEC AND MAPPER ' 5,6626 Page 7 of 14 R'.0"*"g34.00A2 Saw[ A.y • rely Mao ('"MW3 E1MDW Permit Applkaw k R.PK'a ll aorca e2a04:xhiiu A.dor C> aim W C_" �1 •1 Agenda Item No. 1684 October 27, 2009 Page 180 of 202 THIS IS NOT A SURVEY COLLIER LAND DEVELOPMENT, INC. os� �NC,j asg GJK TME LELY CANAL SKETCH OF DESCRIPTION is sn ?,R 050036.00.02 Nzn rnt rn,yetR 8 a 14 .u�a,tR: 0003 EX SK 9 .p. w v 0 0 v w v Agenda Item No. 1664 October 27, 2009 Page 181 of 202 THIS 1S NOT A SURVEY CURVE LENGTH I RADIUS CURVE TABLE DELTA CHORD -._. CHORD BRG, C2 291.58' 600.00' 289.97' C3 205.48' 419765' 203.43' N4 D8'i6 "E C4 60.32' 230497' 14'57'5 ' 60.15' N3336'35' CS 121.70' 445.97' 14'57'51' 121.35' 36'35`W C6 80.41' 164.65' iT 88.51' S40'09'18"W C7 377.23' 1035.00' 375.14' 4 '4 T DUgr-7/5/06 CUENT: P1s. COLLIER LAND DEVELOPMENT, INC. CONS L � 1" -150' i i V swrt > GJK T'TLE` LELY CANAL "` ° ., _ SKETCH OF DESCRIPTION .a.y.. ,�. FA,c' ij rK.n o so is` M._ .iecx:050036.00.02 5 "„cc' 9 14 ftL __ o� UQER: 0003 EX SK 9 W rs WTI O V w C0 a CURVE LENGTH i RADWS C10 446.64' 91B.22' C11 592.64' 1258.53' C12 395.72' 1052.79' C71 503.03' 1267.79' C72 490.56' 1053.53' C73 570.99' 1142.43' W 0 75 GRAPHIC SCI t'- 150' Agenda Item No. 1684 October 27, 2009 Page 182 of 202 THIS IS NOT A SURVEY «CTAINC. pww COLLIER LAND DEVELOPMENT, INC. [on "'y= `150' Si L i a � n� i %T sw GN LELY CANAL SKETCH OF DESCRIPTION �e:mnaiaat SM ... .cr PRWECt050036.D0A2 SM[rr rCc PAk; BLIt MWOM , 1 4 NUV ER: 0003 EX SK V1 MUM to 50 26 MUM F� L O O w THIS IS NOT A SURVEY CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BRG. C13 C14 437.40' 89.60' 727.49' 190,59' 7` 26 6'13' 430.84 88.78' 1' 8'W 520'44'4 'w C15 229.19' 1035.00' 1 r4 1'1 228,73' '41'W C18 157.28' 800.00' '1 157.03' S2ls54'S 'w C17 404.55' 1035.00' '4 401.98' 1 • W C86 312.69' 800.00' •4 310.71' 23 1' 4` C67 203.48' 1035.00 1' 203.16' N2 54'59" CGS 177.15' 800.00 4 '1 175.79' 3 ' 1` C69 195.70' 424.74' 2 194.94' N21'57' C70 261.25' 492.49 4 '1 ' 277.45' ffuLs Agenda Item No. 16134 October 27, 2009 Page 183 of 202 CLIENT: T s os COLLIER LAND DEVELOPMENT, INC. KIATA n � 1 ".150' c. Zz JJ" r �°`tirot t GJK LELY CANAL "&°'°''M `""'M SKETCH OF DESCRIPTION VIM= i ;W05036.0 50 s K,� s"K.71 or 4 -' - -; 0003 Ex sK Ca.1 rU G7 4� O THIS IS NOT A SURVEY See Sneer 11 Agenda Item No. 16134 October 27, 2009 Page 184 of 202 DIT ` A � 5 U6 CLIENT: vis� nI„ COLLIER LAND DEVELOPMENT, INC. ONSULTMO i�w TA j �s���c a�x mom` LELY CANAL ��pOqq . SKETCH OF DESCRlPT10N fNf:Ib/jt7iF1� sct. wr � 1 CROJCCT 12 so x NUYB(q:050036.00.02 .:12 T, 14 ` "`„R 0003 D( SIC 9 U a b 4'7 0 Agenda Item No. 16134 October 27, 2009 Page 185 of 202 THIS IS NOT A SURVEY SEE SHEET 14 FOR LINE AND CURVE TABLES DIA %�MG 7 /5/06 �ucnl: / COLLIER LAND DEVELOPMENT, INC. vmoA �"i' -lso• CONS LYING Civil Papoovc6 d, , �.. i �` �i i e� ci ''�� LELY CANAL ° °" SKETCH OF DESCRIPTION nuc�"msn' xi so is w``weC`nT050o36.00.02ecm 13 a 14 0007 EX SK 9 or-- ta c.s�+ rn b G7 0 N Agenda Item No. 16134 October 27, 2009 Page 186 of 202 O 70 w to rn G. 0 `7 W Exhibit 2 February 5, 2004 Patrick L. Utter Collier Enterprises 3003 Tamiami Trail North Naples, FL 34103 SUBJECT: Market Value Appraisal Lely Canal SW Quadrant ofTamiami Trl & Thomasson Dr Naples, Collier County, FL 34113 Integra Southwest Florida File loo. 152- 2003 -0383 Dear Mr. Utter. C Integra Realty Resources - Soufthvy t Wrii is p case complete appraisal of the refere�c property. The pur opinion of the retrospectiv�m�lt�e � � o�v�"I November 9, 1986 and October: 3, lrt T1 This report is intended t co��orm ,"th e report set forth under nd'i dkRule 1 -26 f Appraisal Practice (1USP� Jh;� pre n reasoning, and analyses tiat are used in the appr concerning the data, reason g d analyses is retai contained in this report is spe to the needs of t appraisal as noted herein. (^ Agenda Item No. 16134 October 27, 2009 Page 187 of 202 1,%6 smit the summary report of a os -1iis appraisal is to develop an Simple estate of the property as of late of the appraisal. ri�rk fgr a summary appraisal ta�j dards of Professional y�n discussions of the data, procesWj porting documentation �111!ou f The depth of discussion i_ert the intended use of the L � As of the effective date(s) of apprais 't&f V,arent tra as'a vacant, unimproved tract of land containing an area of 1,605.45 acres, zoned or agricultural uses. It is presently known as the CDC PUDIDRI, and is located at the southwest quadrant of Tamiami Trail (US 41) and Thomasson Drive. The specific parcels that are subject to this appraisal are 14.2 acres of upland, 18.6 acres (15.5 acres of wetland and 3.1 acres of upland), and 13.9 upland acres of the Lely Canal; 9.68 upland acres, and 2.52 upland acres of the Lely Manor Canal; 3.5 upland acres of the Avalon School Outfall; and 1.0 upland acre of the Fern Street Relief System. These parcels collectively total 63.4 acres, of which 15.5 acres are wetland. 0 w cr+ rn Q v Agenda Item No. 16134 October 27, 2009 Page 188 of 202 Based on the analyses and conclusions in the accompanying report, and subject to the definitions, assumptions, and limiting conditions expressed herein, it is our opinion that the retrospective market values of the Fee Simple estate of the various properties was: Lely Canal As Of November 9,1986 14.3 Acres of Upland $286,000 18.6 Acres 3.1 Acres of Upland $62,000 15.5 Acres of Wetland $20,150 Lely Manor Canal As Of November 9, 1986 2.52 Acres of Upland _ S50,400 z C Avalon School Outfall -A� ©vembe .f.9�S� 3.5 Acres and �F. 570,000 Fern Street Relief S3 stein - -At OfNoflfmber. 9, 198 1.0 Akre ofUjd S20,000��'. l.e}y Canal At. Of ctober 3 2U47�) ! ' �r ►.d 13.9 Az es of[gplantl � j` $556,000 G? Lely Manor Cana"6�s-,Of October 23, 200 9.68 Acrwo pland 5387,200 car. M Agenda Item No. 16134 October 27, 2009 Page 189 of 202 The preceding value conclusion is subject to the following Extraordinary Assumptions and Hypothetical Conditions: 1. We were not furnished a land survey for the areas subject to this appraisal, but were provided land area estimates by the client. it is assumed that the land area estimates are accurate. Integra Realty Resources - Southwest Florida reserves the right to change our value conclusion, if warranted, upon receipt of any information that could affect the value conclusion. 2. Values are based on two separate effective dates of appraisal: November 9, 1986, and October 23, 2002. The conclusion of value is based on an analysis as if the subject parcels are zoned agricultural, regardless of the current CDC PUD /DRI zoning designation. These instructions are per the "Companion Agreement" between Collier Development Corp. and the Board of Commissioners of Collier County, a copy of which is contained in the addend,- -- -- If you have any questions or opportunity to be of service. Respectfully submitted, INTEGRA REALTY REST ;rsigned. Thank you for the 0 .tom w cs, rn 1,"-- " � Timothy P. Brennanf, MAI, CRE, CCIM Juliai Florida State- Registered Trainee Florida Real Estate Appraiser R14 8836 - Real E supervised by Julian L.H. Stokes, MAI, CRE, CCIIifi� �` t Florida State - Certified General Real Estate Appraiser M 490 ;rsigned. Thank you for the 0 .tom w cs, rn 1,"-- " � o MAI, CRE, CCIM pd General T R7,t1490 Exhibit 3 July 26, 2007 Ms. Valerie Pike Assistant Project Director Collier Enterprises 3003 North Tamiami Trail Naples, FL 34103 SUBJECT: Market Value Appraisal Sabal Bay - Easement Valuation Tamiami Trail East �q Naples, Collier County orada )3,d r �r Client Reference Nurt 'be s:���� Integra Southwest,I ride File No. 152- 2007 - 0223.` Dear Ms. Pike: Agenda Item No. 16134 October 27, 2009 Page 190 of 202 Integra Realty Resources — So0. Best ori) plc 6klo sttttrt ari l endum to an appraisal report and referenced by our preference number 152 - 2003 -0381. Tai purpose of the appraisal addendum is to develop an op into r , of the market value of .the the ,�abal Bay development project. The client for the assignt <nt,is Collier Enterprises, Aandl ih intended use is for asset valuation purposes. \. C ��.:',�� 14 1� C s The appraisal is intended to conform with the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. Reference is made to the previously mentioned appraisal report, a copy of which may be found attached. O c.. c.. a� 0 v Agenda Item No. 1684 October 27, 2009 Page 191 of 202 Ms. Valerie Pike Page 2 Based on the analyses and conclusions in the attached report, and subject to the definitions, assumptions, and limiting conditions expressed therein, it is our opinion that the retrospective market values of the Fee Simple estate of the various properties was: Lely Canal As Of November 9, 1986 14.3 Acres of Upland $286,000 18.6 Acres 3.1 Acres of Upland $62,000 15.5 Acre ��� $20,150 Avalon School Outia "iNove b r, 19$ x, 3.5 Acres;of 6" and $70,000 Lely Canal As Of Octob �. 13.9 Acres V VP The above market value(s) are' 11 4ee simple estate an 1e eel the value of the entire "bundle of rights ". Comparing a serv*ent- t I y DRel is with and without the deeded easements provides a means of quanti'>tj - to iI -th-e easement. The bundle of rights is severable; its four major rights are possession, control, quiet enjoyment, and disposition. Depending on the definition of property rights to be acquired and its intended use, one or all of the rights may be affected. In the case of a fee - simple acquisition, none (or 0 %) of the bundle of property rights are retained by the current owner (servient estate), and the ownership of 100% of the property rights transfers to the new owner. Relative to a less -than fee simple acquisition, that is, for a situation involving less -than 100% property rights being transferred, as in the case of the "Proposed Easement(s)" it is necessary for the appraisers to quantify the property rights. An approach to measuring the impact of an easement is to look at the impact on the surface rights, subsurface rights, and air rights. 0 2007 BY INTEGRA REALTY RESOURCES 9 w cs+ rn 0 .tom oc> Agenda Item No. 16134 October 27, 2009 Page 192 of 202 Ms. Valerie Pike Page 3 In general terms, appraisal experts have traditionally allocated the easement rights between these three areas as: • Surface Rights: 50% • Subsurface Rights: 25% • Air Rights: 25% It is our understanding that at the present time each of the areas proposed for conversion to easement are owned in fee simple. The language set forth in the Dedication and Conveyance of Easement states (Grantor hereby grants ,av0 Grantee a perpetual, non - exclusive easement, license, and privilege for -Ike s cCea'rin_gti�.excavating, construction and maintaining a drainage canal (Existin , &`nal Area, Canah)xpa� n Area, Spreader Lake, Avalon School Outfall Canal) and it -Anage canal relief system (Fern Street Relief System), over, across, upon and through t' a desc� wed are,el p s� The Grantor and Grantor's successors and assigns will retain the right to'full' use and enipyment of t6 described parcels for all uses and purposes not inconsistent with the Rgbj - c nyv 1< Grantee. Grantor (Collier Land Development, Inc. and CDC Land, Invest erjts, to : iii retain, full responsibly for the maintenance of these areas. -�',� �1� j i !� f 1 The easements to be conveyed co©; Street Relief System. Considering; rights, market derived paired sales opinion the drainage easement cons argely of a drainage t�viously referenced lyses�nd our own-id i'.spr'eader lake, and the Fern onal allocation of easement ge and experience, it is our 02007 BY 1NTEGRA REALTY RESOURCES 9 .a L^.31 c_r+ G. 0 Agenda Item No. 16134 October 27, 2009 Page 193 of 202 Ms. Valerie Pike Page 4 We determined the market value of the fee simple for these parcels based on $20,000 per upland acre and $1,300 per wetland acre. Therefore the value of the easement areas would be based on $18,000 per upland acre ($20,000 X .90) and $1,170 per wetland acre ($1,300 X 90 %). This results in the following value conclusion for the conveyance areas (only those areas addressed in the attached appraisal report). Lely Canal As Of November 9, 1986 14.3 Acres of Upland 18.6 Acres 3.1 Acres of Upland 15.5 Acres of Wetland Avalon School Outfall As Of No c� v e 1986 3.5 Acres of Uplan � R cot Lely Canal As Of / Ole -23 2002 ' 13.9 Acres of land ----, If you have any questions q,xp�mm�e�n� I oP�ct the, nderslgil opportunity to be of service. 1; CA- Julian Stokes, MAI, CRE, CCIM State Certified General REA # 490 $257,400 $55,800 $18,135 $63,000 $500,400 :d. Thank you for the 0 2007 BY INTEGRA REALTY RESOURCES O 7rJ .tom w 0 N u w E_ 5 0 v, o v � N O T r 0 0 In rl m Co 0 i v y` n_l 1 � v rn 00 ry G O Co Q O 2 O m a O Q. Exhibit 4 Agenda Item No. 16B4 October 27, 2009 d d w om 4 a `O2 -� w X �I Lj Z ° < >� a j a a N U r J W —1 � s �-, a t Q G 94 of 202 0 Q O CJ7 t� r Y Y U I` � W I m Q QQhQ cn Q l/1 y� l d w om 4 a `O2 -� w X �I Lj Z ° < >� a j a a N U r J W —1 � s �-, a t Q G 94 of 202 0 Q O CJ7 t� Agenda Item No. 16134 October 27, 2009 Page 195 of 202 N LAJ S M M J LJ LJ (n cc CL Cr z X z Uj Lj Z < %, u Z 1�4 x P4 4 z LU uj w z >j :R uj 0 ptz-ot 0 L-4-1 C—" rl—w Agenda Item No. 16134 October 27, 2009 Page 196 of 202 0 w O rr w c. 0 w Agenda Item No. 16134 October 27, 2009 Page 197 of 202 Prepared by /Return to Michael t Botos, P A Edwards .Angell Palmer & Dodge LIT One North Clematis Street. Suite 400 West Palm Beach, FL 33401 THIRD AMENDMENT TO OCTOBER 14, 2003 COMPANION AGREEMENT REGARDING THE LELY AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS THIRD AMENDMENT is made and entered into this day of _ _ 2009 by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer ") and CDC Land Investments, Inc., a Florida corporation, formerly known as Collier Development Corporation, a Florida corporation (hereinafter referred to as "CDC "), which. along with their respective successors and assigns, may be jointly referred to as "CDC /Developer," and the Board of County Commissioners of Collier County, Florida, as governing body of Collier County (hereinafter referred to as "County "). RECITALS: WHEREAS, the parties entered into that certain Standard Form Collier County Contribution --* Agreement for Road Impact Fee Credits dated October 22, 2002 and recorded in Official Records Book 3138, Page 2357 of the Public Records of Collier County, Florida (hereinafter the "Contribution Agreement "); and WHEREAS, the parties entered into that certain Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements dated October 14, 2003 and recorded in Official Records Book 3424, Page 337 of the Public Records of Collier County, Florida (hereinafter the "Companion Agreement "), as amended by that certain Amendment to the October 14, 2003 Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements dated March 27, 2007 and recorded in Official Records Book 4218, Page 1451 of the Public Records of Collier County, Florida (hereinafter the "First Amendment to Companion Agreement "), and by that certain First Amendment to October 22, 2002 Standard Form Collier County Contribution Agreement for Road Impact Fee Credits and Second .Amendment to October 14, 2003 Companion Agreement Regarding the L.ely Area Surface Water Drainage Improvements dated April 22, 2008 and recorded in Official Record Book 4356, Page 174 of the Public Records of Collier County, Florida (hereinafter the "Second Amendment to Companion Agreement"); and WHEREAS, paragraph 13 of the Companion Agreement allow for amendment or modification upon the mutual written consent of the parties or their successors in interest; and WHEREAS, Developer and County have agreed to amend the Companion Agreement, as amended, as provided herein. WITNESSET'H: NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration previously exchanged between the parties, and in consideration of the covenants contained herein, the parties agree as follovvs: PMB 379005 3 Agenda Item No. 1684 October 27, 2009 Page 198 of 202 1. All of the above RE'C'ITALS are true and correct and are herehy expressly incorporated herein by reference as if set forth fully below. 2. Paragraph 8C of the Companion Agreement, as amended by the Second Amendment to the Companion Agreement, is amended in its entirety as follows: CDC/Developer shall dedicate and convey to the County a drainage easement for approximately 12.3 acres of land for the spreader lake and canal improvements. A graphic rendering of this area is sho,,vn as `I.ely Manor Canal (Per LASIP Design)," attached as Exhibit 5 to the Second Amendment to Companion Agreement. The spreader lake is approximately 9.68 acres. and the canal improvements are approximately 2.52 acres. With respect to the spreader lake, Collier C'0Ln11w shall pay CDCiDeveloper the appraised fair market value of a drainage casement over these 9.68 acres, and the appraised valuation shall be determined as of October 23, 2002. when the County and CDC /Developer entered imo the Contribution Agreement, v.%ith the valuation based on prc -PUD Agricultural -zoning. With respect to the canal improvements. CDC;'Developer shall dedicate and convey to the County by casement a strip of land 35 feet wide of CDC/Developer's land along the Lcly Manor Canal. Of the 35 fiiot vwide strip of land. 1 feet is required for the canal and 20� feet is needed for the County's maintenance of the Lely Manor Canal. Collier County shall pay CDCDeveloper the appraised fair market value of the Manor Canal maintenance easements for that 2.52 acre strip, and the land valuation shall be appraised as the � alue of .Agricultural zoned land on the day before the County's 1986 rezoning, to "PI:D" ofthe CDC DRI,'PUD land. Paragraph 8D of the Companion Agreement is amended as folloxws: The County shall reimburse CDC/Developer for the casements over the land dedicated to the County for the Lely Manor Canal dedications �� ithin three (3) years of the date that the land is dedicated by CDC!Deveioper. All casement dedications referenced herein shall be conveyed to the County after receipt of all necessary permits and within thirty (30) days of written request by the County. 4, Paragraph 12 of the Companion Agreement. as amended by the Second Amendment to the Companion Agreement, is amended in its entirety and replaced with the following- revised Paragraph 12: 12. All conveyances set forth herein shall be in fee simple to the County by warranty deed except as may be specifrcall% prov ided herein. such as but not limited to the Lely Canal, Lely Manor Canal and AN L11011 School Outfall Canal as described in Paragraphs 5, 7 and 8, which shall be by grant of easement. AN'ith respect to such conveyances and casements, the County sh<rll he responsible fir paN ing the costs of any title work and searches, and CDC."Developer shall be responsible at its costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. 5. Except as modified herein, the remaining provisions in the Contribution Agreement, Companion Agreement, First Amendment to Companion Agreement and Second Amendment to Companion Agreement shall remain in full force and effect. 6. If there is any conflict between this Amendment and the Contribution Agreement, the Companion Agreement, the First Amendment to Companion Agreement or the Second Amendment to Companion A?reement, the provisions of tills Third Amendment shall prevail. FMB 37900 3 Page Of Agenda Item No. 1684 October 27, 2009 Page 199 of 202 DONE AND ORDERED this day of _ , 2009 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA NAME: APPROVED AS TO FORM AND I.EC SLFFIC�N -'Y NAME: COUNTY ATTORNEY 71-1w-p-A-/ By:_____ Fiala NAME Donna , CHAIRMAN PMB 3790053 Page 3 of 4 ATTEST DWIGHT E. BR©CK, CLERK BY: Vl'17?�ESSES: ( Signature.) (Print full name) (S, nature) r} (Print full name,) STATE OF FLORIDA COUN'T'Y OF COLLIER Agenda Item No. 1684 October 27, 2009 Page 200 of 202 COLLIER LAND DEVELOPMENT; INC. Ley: Print Name:i't` Title: The Foregoing :Agreement was executed before me t1lis of —45`�q v-Ao 20G9 by 'T,^_F�•-�e.� L.. (J,�.r_. the jy.. { Collier Land Development Inc. 4otaPublic - State of Florida Name.: -!,-, b o,ree..1,- -Q� Certificate No.� -- My Commission Expires: _- f WITNFESSES: Q (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER ........ •DEBORAH a BBROWN •••••• Syr C.ar m# DDO&MIQ E)rp M 10fl&M12 Fkx NotwyAwm. rro h.... ....... ..,n -. .. ....................� CDC LAND INVESTMENTS. INC. Print Name: Title: c k '€ The lcrrr�aoin2. A«reentcnt v%as executed beFurr- ill,: tlFi o?.'1 t1,F� z,F ��• '009 by • � rt.L'Z, -_. the �. r z �� f (� UC I.and € iN cstments. lnc- '-� r ..................... .............. ...... ..r... A. i Nlita Public -State of Fl rich a cosrxnAF D00622512 t_s7- � E� 1tY16i2iJ�t2 e ('t f I L [i l E; `� Cl.�� �j G ��,ic Tr�FY�f3 k�EtY Afst. InC My Commission Expires:_ � , s t2 .......,_.. ......................... . . . . .. PK43 379005.3 Page 4 of 4 Agenda Item No. 16134 October 27, 2009 Page 201 of 202 'fit$ b 4 2a a w e` S } D J VI 1J r Cl: 0 ., R� W z x 4 Z W © } W Ira i yie zn W r' CIV, 10 O 4 W a a S `g!E *i; �z; v ' u 0 C t.jn ON 0 -0 Y ts+ i Agenda Item No. 16134 October 27, 2009 Page 202 of 202 1. All of the above RECI'IAKS are true and correct and arc hereby expressly iWorpor'ated herein by reference as if set forth fully below. I Paragraph 8C of the Companion Agreement. ns amended by the Second Amendment to the Companion Agreement, is amended in its entirety as fc,llows: C .'DC /Developer shall dedicate and convoy to the County a drainage casernerrt for approximately 123 acres of land for the spreader lake and canal improvements. A graphic rendering of this area is shown as -1 03, Mmmr Canal {Per LASIP attached as Exhibit 5 to the Second Amendment to Companion Agrecment. Ilse spreader lake is approximately 9.68 acres, and the canal imp iwcmcuts are Wmxhuakly 212 acres. With respect to the spreader lake, Collier County shall pay CDC /Dcvclopor the appraised fair market value of a drainage casement over these 9.68 acres, and the appraised valuation shall he determined as of Cktobcr 23, 2002, when the Coulyy and CDC /Developer entered tofu the Contribution Agreement, v "�ith the valuation based on pre -PtJD Agricultu rd zoning. "qb respect to Be canal irnprovcnrcnts, C'DC-'Dewcloper shall dedicate and convey to the County by vasemcnt r•r strip of land .i5 feel "�ide of C:DC: /Developer's land along the I Q Manor Canal. (Now 35 foot .vide strip of land, 15 feet is required for the canal and 20 feet is needed for the County's maintenance of the Ley Manor Canal. Collier County shall pay CDC/l)cwcloper the appraised fair market value of the Manor Canal maintenance easements for that 212 acre strip, and the land valuation shall he appraised as the value of• Agricultural coned land on tile, day before the County's 1986 rezoning to "I'UI)'' of'the CDC. I)RI.'I'l;D land. Paragraph 8D of the Companion Agrocmcnt is amended as ly }Ilous: The County shrill rcimbursr; CDC /Developer for the casements aver the land dedicated to (he County f-or the I,ely Manor Canal dedications "within three (3) years of the date that the land is dedicated by CDC /[?evcloper. All casement dedications referenced herein shall he ccmvUed to the County after receipt of all necessary permits ant} within thirty (30) days of "written request by the County. 4. Paragraph 12 of the Companion Agreement, as amended by the Second Anwridnacnt to Me Companion Agreement, is arnendccl in its entirety and replaced with the follov"iu�.� revised Iaragraph 12: 12. All conveyances sct forth herein shall he in fee simple to the County by "warranty decd except as may he specifically provided herein, such as but not limited to the Len, Canal, Ley N•4anor Canal and Av,ilon School (titling Canal as dcscrihed in Paragraphs 5, 7 and 8, "which shall be by grant of casement. With aspect to such conveyances and easements, the County shall be responsible for paying the costs of any title �worh and searches, and CDC /Dcvc1oper shall he responsihle ,it its costs Im promptly removing Or curing any liens, encumbrances or dc:MKI'lcics rewcaled in any title work. 5. Except as modified herein, the remaining; provisions in the Contribution Agreement, Companion Agreement, first ;lmendnrcn( to Companion Agreement and Second Amendment to Companion Agreement shall remain in full forec and effect. 6. If there is any conflict between this Amcndmcn( and the COW A,greenrent, the Companion Agreement, Be First Amendment to Companion Agrcemcnt or the Second Amendment to Companion Agreement, the provisions o f t his Third .Amendment shall prevail. PRI 37t)o 13 Page 2 cif 4