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Parcel TCE 1&2 PROJECT: LASIP Main (E-W) PARCEL No(s): 139TCE 1 & 2 FOLIO No(s): a portion of# 55151720006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this /2. ,lI- day of ::rA.l4u~~, , 20~, by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC. , a Florida not-for-profit corporation , whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113, whose mailing address is (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" and Exhibit "D" (hereinafter collectively referred to as "TCE"), which is attached hereto and made a part of this Agreement, for the purpose of constructing pavement and pathway improvements within the access and maintenance easement immediately adjacent thereto; and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a DRAINAGE ACCESS AND MAINTENANCE EASEMENT AGREEMENT for Parcel 139DAME and a DRAINAGE, ACCESS AND MAINTENANCE AGREEMENT for Parcel 142DAME, which is attached hereto as Exhibit "B" ; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $12,700.00 (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's irrigation system, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the TCE. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the TCE shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 6 (h), 7, 8, 9 and 10, or scheduled to occur after closing in sections 8 and 9. (c) No party or person other than Purchaser has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE, except for membership agreements currently in effect. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. A portion of Purchaser's proposed construction project will include rebuilding and repositioning a cart path/access road over and upon the 1 ih and 13th fairway of the Owner's Golf Course, described in Exhibit "C", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Cart Path Improvements"). Purchaser agrees to rebuild and resurface with asphalt that portion of the cart path running approximately from Station 41 +25 to Station 43+75 , and from Station 52+50 to Station 53+75 of the Plans and Specifications for the LEL YEAST-WEST CANAL PROJECT. Purchaser will reposition, rebuild and resurface with Bermuda #419 or similar grass that portion of Cart Path Improvements running approximately from Station 43+75 to Station 52+50 of the above referenced plans. The existing cart path will be removed from approximately Station 44+20 to Station 49+20 of said plans, and be leveled and planted with Bermuda grass #419. (See attached Exhibit "D" for Cart Path removal easement area). 8. Subject to extraordinary weather events, such as a named hurricane impacting the Collier County area during the month of April or May, 2010, Purchaser shall schedule all construction activity for the Cart Path Improvements from station 41 +25 to station 53+75 to commence no sooner than May 24, 2010. Owner shall close the applicable fairways from normal golf play during this period of construction, and direct patrons around the construction site. Commencing on the date of June 1, 2010, and for each day thereafter or portion thereof that construction is underway on the Cart Path Improvements, Purchaser agrees to pay to Owner $1,200.00 per day for each day construction activity prevents usage for playability of golf on these fairways. Such payment shall be made within thirty (30) days of completion of construction. Purchaser shall notify Owner upon completion of the Cart Path Improvements, and Purchaser and Owner shall meet at the property to mutually inspect and agree upon satisfactory completion. 9. Purchaser shall require the construction contractor to carry at least $1,500,000 in casualty loss and liability insurance, with Royal Palm Country Club of Naples, Inc. being named in such insurance policy to the extent its interests may appear. 10. Owner desires to access and remove certain trees located within a County drainage easement, described in Exhibit "E", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Existing Canal Easement"); Owner and Purchaser mutually agree that such trees may be marked, removed and relocated at Owner's sole expense, provided that any removal and relocation be completed prior to December 31, 2009. Any trees and planted vegetation remaining within the Existing Canal Easement after December 31, 2009 shall be the exclusive property of the Purchaser, without claim of any kind by Owner. Owner shall indemnify and hold Purchaser harmless from any claim or liability resulting from Owner's activity in removal of trees and/or planted vegetation from the Existing Canal Easement. 11. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 12. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, this Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 13. The term of the TCE shall be 365 days (one year), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County. In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension. 14. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 15.lf the Owner holds the property underlying the TCE in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes. ) 16. Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 17.Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 6(-(2-;/..0(D ",cR/1 ATTE$.T~;:.'......'..~. 0,.' ;.....,., . '. -ry DWIGf'(T f:BR()~::K>:9lerk :~ ' ~~:. ~;/ ,>" :"; \:~~ :: :~~ BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA ~J~ FIALA, Chairman <-, ~ . .......to .".. . ~~~e"O(\I' AS TO OWNER: DATED: 1//3 /01 . I ' ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for-profit corporation on iJ4/1rJi~ Witness (Signature) lJdN,lJrJ../) /VI, 1-1A-1lJ..lJw Name (Print or Type) #U4d;?~ 'Witness (Signature) Ce/l~,4!J 7. 7JE(r;J~/ Name (Print or Type) ilL' ,1, William Schmitz, President Approved as to form and legal sufficiency: ~j)JO kk Assis' t County Attorney , .. . II \I ':HIBIT A '3ge 1 - ~ _____ UI . '" I I '- >- ~ ~ ~ ::> III I i3~ cL", Sl '" I ",'" 0'" <::J "- LS0 ,'" '- - 0,- >- ..., I '" .., ---.1-Z--<==:r >-Q f-- ::>'" . "'", ('00'" "'. a"''' Qi1j "'''' ~o) ,," l>2,Cl... :c ",- . SCALE: 1- _ JOO' ,::: o:Q ~c) "'", ~ 0<':> t5 ~' ~'" o",n. "-'" ~O(\.j O-J . 0 "'c ~~~ J.~ ",0) ::>'" . e~ , "'. "Olll ;{2::;=: ",0 -'" :Jue..: d I I-J~ "'. 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BEAR!NGS ARE BASED ON THE FLORIDA STATE" PLANE EAST ZONE, HAD 8J/99 ADJUSTMENT. FOR: COLLIER COUNTY STORM WA TER MANAGEMENT NOT A SURVEY SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT. PART OF TRACT N, LEL Y GOLF ESTA TES TRACT MAP, P.B. 8, PG. 20, COLLIER COUNTY, FLORIDA DESlGNE:O BY.' ORA'MI BY.. JAN CHECKED BY: GPA II:::. cwo . II:;:: UNDAGE.... 'o1EW: PLon PnIt..r.o-:l .1I4u....n, f'lo.m>o...... t.ud .......,.,... fullS-- . ____T__-.__...~.. ,.......UI .........----....-................. ,,"""IIU SCAU!: ," _ 100' -......--..---- ....(.--.- ,Ie nru:: A86 PROJf:CT NO. 7599-2 SHEET NO. 0" TE: SEP. 2J, 2009 .3 OF 5 FILE NO. "CAD J;10252-5D88 10252 EXHIBIT I' fl" Page ~\ of :S: PARCEL NO, 139TCE1 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT ALL THA T PART OF TRACT N, LEL Y GOLF ESTA TES TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89'27'38" EAST A DISTANCE OF 6.25 FEH TO THE BASELINE OF THE PROPOSED DRAINAGE IMPROVEMENTS BEING STA TlON 68+98,33; THENCE SOUTH 00'19'53" WEST ALONG SAID BASELINE A DISTANCE OF 151,03 FEH TO THE BEGINNiNG OF A CURVE CONCAVE EASTERL Y AND HA VING A RADIUS OF 2,500.00 FEH BEING STA TlON 67+41.52; THENCE SOUTHERL Y ALONG THE ARC OF SAID CURVE: THROUGH A CENTRAL ANGLE OF 03"29'47" AN ARC DISTANCE OF 152.56 FEH TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADiUS OF 45,00 FEET BEING STATION 65+88.95; THENCE SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 93"44'32" AN ARC DISTANCE OF 73.62 FEET BEING STA TiON 65+15.33; THENCE NORTH 89"25'23" WEST A DISTANCE OF 1,031.17 FEET BEING STA TlON 54+84,16; THENCE LEAVING SAID BASELINE SOUTH 00'34'37" WEST A DiSTANCE OF 50.00 FEET TO THE SOUTHERLY LINE OF AN EXISTING 100' WiDE DRAINAGE RiGHT-OF-WA Y AND THE POiNT OF BEGINNiNG OF THE EASEMENT HEREIN BEING DESCRIBED, SAID EASEMENT BEING 22,00 FEET WIDE LYiNG 71.00 FEH ON EACH SIDE OF THE FOLLOWiNG DESCRIBED CENTERLINE; THENCE SOUTH 44'52'59" WEST A DiSTANCE OF 92,91 FEET TO THE BEGiNNiNG OF A CURVE CONCA VE: NORTHERL Y AND HA ViNG A RADIUS OF 75,00 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59'00'06" AN ARC DISTANCE OF 77,23 FEET TO THE BEGiNNiNG OF A REVERSE CURVE: CONCA VE SOUTHERL Y AND HA ViNG A RADIUS OF 68.30 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'13'59" AN ARC DISTANCE DF 34.85 FEET; THENCE SOUTH 74'39'07" WEST A DISTANCE OF 19.42 FEET TO THE BEGINNiNG OF A CURVE CONCA VE NORTHERL Y AND HA VING A RADiUS OF 143.41 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26'22'02" AN ARC DISTANCE DF 66.0D FEH TO THE BEGINNiNG OF A REVERSE CURVE CONCA VE: SOUTHERL Y AND HAVING A RADIUS OF 200,27 FEH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'40'18" AN ARC DISTANCE OF 58,27 FEET; THENCE SOUTH 84'20'51" WEST A DISTANCE OF 32.47 FEH TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEH; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'27'22" AN ARC DISTANCE OF /6,11 FEH; THENCE SOUTH 65'53'28" WEST A DiSTANCE OF 57,72 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAViNG A RADiUS OF 36,00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'10'52" AN ARC DISTANCE OF 7,03 FEET; THENCE SOUTH 54'42'37" WEST A DISTANCE OF 38.99 FEH TO THE BEGiNNING OF A CURVE CONCAVE NORTHERLY AND HAViNG A RADIUS OF 36.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'55'12" AN ARC DISTANCE OF 16,29 FEH; THENCE SOUTH 80'37'49" WEST A DiSTANCE DF 30.17 FEH TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 75,00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43"31'50" AN ARC DISTANCE OF 56,98 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 197,29 FEET; THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'50'25" AN ARC DISTANCE OF 71,76 FEET TO THE BEGiNNING OF A REVERSE CURVE CONCAVE NORTHEASTERL Y AND HAViNG A RADIUS OF 36.00 FEH; THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'58'38" AN ARC DISTANCE OF 28,26 FEET; THENCE NORTH 31'42'08" WEST A DISTANCE OF 30.94 FEET TO THE BEGINNiNG OF A CURVE CONCAVE SOUTHWESTERLY AND HAViNG A RADIUS OF 700,00 FEET; THENCE NOR TH WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17"15'59" AN ARC DiSTANCE OF 30.14 FEET; THENCE NORTH 48'58'07" WEST A DiSTANCE OF 25.62 FEET TO THE BEGiNNING OF A CURVE CONCA VE SOUTHtRL Y AND HA VING A RADiUS OF 100.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41'25'01" AN ARC DISTANCE OF 72,29 FEET; THENCE SOUTH 89'36'53" WEST A DISTANCE OF 736,2] FEET TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE CONCAVE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH 00'42'19" WEST A DISTANCE DF 100,00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THRDUGH A CENTRAL ANGLE OF 07'19'23" AN ARC DISTANCE OF 12,78 FEH; THENCE NORTH 83'33'06" WEST A DiSTANCE OF 100.23 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADiUS OF 36.00 FEET; THENCE SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65'23'22" AN ARC DISTANCE OF 41.09 FEET; ;5-4-09 REWSED BOoR/NG F~bLLlER COUNTY STORM WA 1ER MANAGEMENT !!i!D=~ NOlJ. ~~=E~y;BY: J"'N bk: mw I:::. CHECKeD BY: GPA ' SKETCH AND DESCRIPTION OF A TEMPORARY I:::: ER " COGO CONSTRUCTION (;ASEMffiT, PART OF TRACT N, U:::: AGE.- '.fEw.' P1.0T2 lELY GOLF [STAres TRACT MAP, P.B. 8, PO. 20, :="-=~U::::::""~~:IL"':i':!::==~ . COLLIER COUNTY, FLORIDA ~.,~,-:"~~~__~':::-K"'":...===:::: SCALE; N.r.S. NOT A SURVEY ASS PROJCCT NO 7599 2 SHEET NO. D'" Tr.. SCP. 23. 2009 4 OF 5 FILE NO. 10252 "'CAD 1;102ts2-SVm .~_J 'I - PARCEL NO, 139TCE1 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT (CONTINUED) THENCE SOUTH 31'03'32" WEST A DISTANCE OF 90.86 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET; THENCE SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'00'59" AN ARC DISTANCE OF 30,75 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCA VE NORTHERL Y AND HA VING A RADIUS OF 25,00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID COMPOUND CURVE, THROUGH A CENTRAL ANGLE OF 45'42'43" FOR AN ARC DISTANCE OF 19,95 FEET TO THE BEGINNING OF A REVERSE CURVE CONCA VE SOUTHERL Y AND HA VING A RADIUS OF 161.92 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1823"31" AN ARC DISTANCE OF 51.98 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 36.66 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'13"24" AN ARC DISTANCE OF 44.93 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 491.36 FEET; THENCE NOR THWES TERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'18'21" AN ARC DISTANCE OF 131.26 FEET; THENCE NORTH 50'41'14" WEST A DISTANCE OF 56.43 FEET TO THE SOUTHERLY LINE OF AN EXISTING 1 'WIDE DRAINAGE RIGHT-OF-WAY AND THE POINT OF TERMINUS OF THE EASEMENT H IN DESCRIBED; CONTAINING 34, SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EA E ENTS AND RESTRICITONS OF RECORD GUY P. ADAMS, ------------------ NO. 4390 5-4-09 RE'VISE.1) WRING FOR: COLLIER COUNTY STORM WA TER MANAGEMENT iiii TITlE: SKETCH AND DESCRIPTION OF A TfMPORARY liU:. k CONSTRUCTION EASEMENT. PART OF TRACT N, :::::: UNDAGS.... LfLY GOLF ESTATtS TRACT MAP, P.8. 8, PC. 20, ==-==''"::.~':=:'''''~~f'l.kl.'': COLLIER COUNTY. FLORIDA ~.."':.=..":f:.:--~..._--:-.:t'_"'kl.':... NOT A SURVEY DE:SIGNED BY: "", ),88 PROJEcr NO. DR"'- WN BY.- JAN 7599 2 CHECKED 8Y: OP' StlEn NO. COGO 5 OF 5 ""'" PLOTZ DAJF:SD>.2J. "'1(1 FILE NO. ~ SC,I,LE; Mr.S. ACAD /:f0252-SD 10252 PROJECT: LASIP MAIN (E-W) PARCEL No(s): 139DAME and 142DAME FOLIO No(s): a portion of 00432040007 and 55151720006 EXHIBIT B P8ge-L 0,_ t.- - DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT THIS DRAINAGE, ACCESS, AND MAINTENANCE EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20_, by and between ROYAL PALM COUNTRY CLUB OF NAPLES, INC" a Florida not-for-profit corporation, whose mailing address is 405 Forest Hills Blvd., Naples, FI 34113 , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"), WHEREAS, Purchaser requires a DRAINAGE,ACCESS, AND MAINTENANCE EASEMENT over, under, upon and across the lands described in Exhibit "A", and Exhibit "B" which are attached hereto and made a part of this Agreement (hereinafter referred to collectively as the "Easement"); and WHEREAS, contemporaneously with this AGREEMENT, Owner and Purchaser are entering into a TEMPORARY CONSTRUCTION EASEMENT AGREEMENT for Parcel 139TCE, which is attached hereto as Exhibit "C"; and WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1, All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $64,700,00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"), Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes, EXHIBIT "E" p~ 2 of{... Page 2 3, Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida, At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company, 4, Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur at Collier Transportation Services, 2885 S, Horseshoe Drive, Naples, FI 34104 within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5, Owner agrees to relocate any existing irrigation system located on the Easement inCluding irrigation lines, electrical wiring and sprinkler valves, etc" prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 6, Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7, Owner agrees, represents and warrants the following: EXHIBIT .. e/ P.30fb- - Page 3 - (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the , instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby, (b) Purchaser's acceptance of the Easement shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement, except as specifically stated to survive closing in this document in sections 7 (h) and 8, (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof, (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing, except as expressly permitted in section 5 of this document. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. (h) The property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances, such as petroleum products, industrial wastes, medical or pharmaceutical wastes, or biological or radioactive contamination on the property underlying the EXHIBIT "5 I, Page, Y 01 ~ Page 4 Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 8, Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9, Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2, In accordance with the provisions of Section 201.01, Florida Statutes, related to the exemptions against payment of documentary stamp taxes by Purchaser, the Easement is being acquired under threat of condemnation and no stamp tax liability shall accrue to Owner. 10, This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes,) 12, Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein, No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity, 14, This Agreement is governed and construed in accordance with the laws of the State of Florida, EXHIBIT "f3 II Page_ S- -0, 6 - - Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written, AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman AS TO OWNER: DATED: ROYAL PALM COUNTRY CLUB OF NAPLES, INC., a Florida not-for-profit corporation on Witness (Signature) William Schmitz, President Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sUfficiency: Assistant County Attorney -. ,..., ,... 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':>: _~ ~ ); '" .. ,.. ~ ';i ~ ~-- '<:::;; po.. ...., ~. ~ -~ '- >- ~ ~ ~~ ~~ "'~ l5{5 ..!.~ f- ;;; a::~ -. >-n. ~tj "'::0" ~~ O~Q. o:Q 0_ I"' l,wR~ :c:t~o "-'" ,-,a", 0 ~O) <nC .lCl:; ::;:.2:00 "'C ~tt: g8l( " ~(j '" 0 0: c - ----l 0 ~ J I : ;]'1_\ ~ ~l<l ~ cb ~~ ~~~ l.O m ~2~ I (I) ~)..I- i5 ~G:l~ I (fI t;-Ie: i:5~.!n I (j i!'~f;! ci f5~~ a..::a:e:fn 5 00'ff1'5J~ IV J51.0J 68+00' / 0) <n'" "',-, ~n. n. ... 5~ :E", "'0. o I I", ~ "'):' ~~ o 1 ~l5 ~'- I ~!l! ...'" ~~ ... I'" I ~ a ~ClC\l :<:VJ~~ f-LU<Cl t:lLL, I- Q5<5~<ti' I"'~!l-' . ",,OJ ).. n: LiJ -J 1 " "' ,. + ... <0 . ~ Q, c. J 67+00 , >- ~ r~ J.fQ ~E 0", 1H~ ..!.- ~8 13" ~~ o:n. ~~~ ,,-,0' <>" ~~ ",0> "'. -'" ;~~~ "'. "'0 ~N C ...~ 0 I~~ ~ ~~ ~ ~~~ ~~ @~ ~G~ 66+QO~,,,\ lj ~ ~~ ~;t' ~" a~ " MA TCHLlNE SEE SHEET 2 OF 4 -~ -", o ~C)(j ~5o.. 0- ~"'~ 00,...; <>"'~ ~~ PARCEL NO,139TCE2 TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR FROM DATE OF CONVEYANCE TEeM-ROW SEP 23, 2009 EXHIBIT I '/1) '. Page_ [ of i '" '" ";0 ~o + + ",,,, <0<0 U <J ~ Q, o o + ... <0 8 ;i; '" o o + '" <0 o o + 1D o o ~ + , g~ ~ ~ ~ ~ < o o + '" '" o o + ~ "' ~ ::> Ii! :ill- ~* ~~ ~~ d g ~ >- ~ cL o ..!. 13 0:", ~ t5~ '" ~(j ~Q Cc:; - " 00) o -tt: l=d ~ 5 i ~ ~ ~ Ili ::; cI <.J ~ --J o "- >-(j~ ('0",,,, ",- . ::> .,;" c",n. (.J it ~~ ~"i("" ~:c::: Q~ ' --J '" <( 0 " o '" ~ ~ " '" + '" <0 . 5' --..J-Z--<==:r SCALe; j~ _ 100' lj ~ ~s ~~ ~" 0~ III ::> <::J "- >-()~ go",,,, ",- ::. t6(j 0",0. O..j , ~~~ ~:c:;: n.~ --J '" <( 0 " o '" ~ a ~ClC\l :<:V)~~ f-LU::;;Cl OLl..f- ~<50lti" I!:~~ . )..I"'ll:! -' Cl LU -J CF'NrnAI NOTF~. ;. DIMENSIONS ARe IN f(H AIoID DECIUALS THERmf. 2. P.o.8. - POINT OF' BEGlNMNG. J. P.D.Co ... POINT OF COWMENCEA/ENT. 4_ P.O. T. = POINT OF TERMINUS. 5. R.O.W. - RIGHT-Of-WAY, 6. D.E. _ DRAINAGE EAsa./ENT. 7. LB.E. - LANDSCAPE BUFfER cAS(/lENr. 8. T.C.E. _ mJPORARY CONsmUCllON EASCNENT. 9. BEARINGS ARE 8ASED ON THE FLORIOA Sf A TE PLANE EAsr ZONE. NAO BJ/f19 AOJUSJMENT. NOT A SURVEY FOR: .... DCSlCNfD BY: COLLIER COUNTY STORM WATER MANAGEMENT ilia ORAIIN BY' JAN TInE:: .... CHECXfD BY.- GPA SKETCH AND DESCRIP'nON OF' A TEMPORARY I:::. ok coco CONSTRUCTION EASEMENT. PART OF TRACT N. U::: UNDAGE,_ \o1EW. PLOT LELY GOLF ESTATES TRACT MAP, P.B. 8, Pc. 20, ~",,""e",p_n. "'led ._,... 1'uI~ . COWER COUNTY, FLORfDA ~~~~-:::'~~:;:=5ll SCALE: f~ _100' bk: AB8 PROJE::Cr NO. 7599-2 SHEET NO. DA 1E': SEP. 2J. ZOO9 1 OF 4 FIlL NO. ACAD #tozsz-SPlO 10252 MA TCHUNE SEE SHEET 1 OF 4 I I I ~ 0 ~Q..C\j 2:\1)'<(0 t--LJ:::EQ.. Ol",t-- '<(;:sOCl:i g:~~a:i >- a.: ij ....J o o + ~ " ~~ o ~C(; "''''Q :;:0 <.:loi ~"'- f5~cti ~~ o o + ~ :s ~~ ~! 8 + " " >- I ~ I 0 ~ 0 $ .!. 1'5 0:", }:5~ I ",- ~~ I ~ 0 ~Q 0 + 0", 11::>::- :;j . "- gOl 8~ ~~ ~l5 '" 1 ~.... r------------~r----- is ~~ <.:l I r-----------__ l'ld_____ 8 ei ~. <Ii ~ ~! '" ~ :3 0 ~ <.:l ~ ~ ~~ 1 iQoo I -~ 8 ~ ~ ...l '" ~ ~ ~ o~}Q /" + ~ ;; 0 "'::> / ~ ~Q..C\j -.J~t.!) " l';:SjQ ~ ~ 2:!Il~0 ~ ~ a.... I) ~ ",0 ~ I t--LJ Q.. '" 2: . O~t-- ei81ll I '<(COCl:i ~ Q l! 8 <.:l ~ ~ g:~~ ' i 6 ~ >- ~ I ~ " + ~ ~ ~ ....J Q.. ~ I.iJ I I ~ ....J 'k:::. 1 I I 0 THE HAMMOCK'S I 0 I I..AKE ORAJNAGE: + CONDOMINIUM """',s,, !l' C.P,S. 20, PG. 91 \ MA TCHLlNE SEE SHEET :5 OF 4 " " " '" " " " " " " " " \ \ \ \ \ I I I I J I I \ \ \ \ \ \ \ I I I I I I I I I I I I I I \ I \ \ I \ \ \ ~ \ \ S \ \ 8 \ \ ~ \ \ ~ \ \) \ \ \ \ iii \ \ N cl I I ~ a: J I I- en "'l( / ~ri!::? /1;/ ~ ~~g / ~ I -' ~~m / 11 t-.....JI:- u /L tI: <( D.. ~ b ~~ J~ !' . ~~ ~~ ~~:: ~i!l~~ 1\ I, EXHIBIT a Page '2 of 'i 3-Z--<==:r SCALE: ,.... 100' !!l d "- >-u~ 1!:2:'" ",- ::>~.(; o Q 00.""" :i"'''' '<{<=::: 0.."- 0'" ...l . "" 0 ): o '" ~ 0 ~Q..C\j 2:\I)~0 t--LJ....Q.. OILt-- '<(clOCl:i g:~~ ' >-I"'~ ....J Q.. !:l ~~ ~-~ ~~ ~~ 5 DO".J4'J7- W 207..' r:~N~RJ.j Nf)~ i. DlAiENSlONS ARE" IN FEET ANO DECiMALS THERroF. 2. P.o.B. - POINT OF' ~INHING. J. P.o.a. ... POINT OF CfJMMENCDJENT. .. P.D. r. ... POINT OF' TERWNUS. 5. R.o.W. ... RIGHT-OF-WAY. 6. D.E. ... DRAINAGE EASEWENT. 7. L.af:. ... LANDSCAPE BlJF'F'ER EASEMENT. S. r.C.E. ... TEUPORAAY CONSTRUCTION EASEIrlENT. 9. BEARINGS ARE' BASED ON THE FLORIDA STATE' PLANE EAST ZONE. NAD 83/99 ItDJUSTlIENT. NOT A SURVEY FOR: ...IE., OES1GNm 8\1 COLLIER COUNTY STORM WA TER MANAGEMENT iiii NOLl ORAON B. oWl TIllE; ..... . CHECKED 9't. liPA SKeTCH AND DESCRIPTION OF A TEMPORARY 1=:=: cooo CONS7RUCTION ~SEMENT. PART OF 7RACT N. ;;:=:: .iCE.- 'o1EW: Pt.OT LELY GOlF ESTATES TRACT MAP. P.8. 8. PC. 20, :==~_"=:"'~~..:::== COLLIER COUNTY. flORIDA ~-"'.:=.:::..-=r'"~-:"--:--=--II.__==== SCALE: f.... 100' ACJ.DJ:I0252-$V'11 b. ASS PRO.ECT NO. 7599 2 """"NO. DAJE':SEP. 23..2Ol:>> 2 OF 4 mENa. 10252 Q ~ "'s::- ~~ ~ls ~'- ~ ~a: ~~ ~ MA TCHLlNE SEE SHEET 2 OF 4 ~ <:) ~a..C'l ~V)~ . 1-lJ..J~~ OlJ..I-a.. ~c5oCO' g:~ ~ . >-F:Cll -' a.. L.:J -' Y> 0; oS", O-n. ",'!; "'50 "'a'" "'", ~aCO i!;'-'n. o '" ~O) ",,,, "'~'" ~QQ '" - ,,-a" -JO- 8C1:::a:l ~~ ",,-, '" '" ",'" o:::2(j o<:n. 0- s::::E" ",0", "'\E "'0 III 00.: o I I I I \ ) / ! 1 I ( I ~ I ~ I ~ e I I I l \ \ '- I i:i l'j i ~ ~ i:i l'j i 11 ~ l'j i~ 11~ f,.:;t: ~. a~ ~ ~ o o ~ + , !;;: ~ 1<l . ~ ~ 8 + :f o o + ~ >-- ~ cL o "- is 0:", ~~ ",- ;;,'" ~Q ao , "- gO) ;::'" '-c ~ o o eJ ::J cj <J , I ~ }I EXHIBIT ......:.iL Page 7' of ~/ -1---Z --<==:r SCALf: ,. _ 100' /'/ A. I / // I I / / I / / I I" I / I ~ I I I / / ~ I I I I ~ I I I 1 Y l- I I I-J-, I I W <0 I I~ I 1 I ~ Y II~ ~p., II~ ru/~ I I)" "!---, 0 I 1 I , ~'ii"~ 1 1 I I ~~ ~ I I ul I eilo I J ~~Z I' / I ~~..J I I / ~ I I all ~ I I nl I ~ I I I ,~ I I ~ \. \. ',Ill fl ~ , I..! , , Q, , , , , , " \. I I \ \ I / / / / / / / / / / / / l'j < h J..:!I: ~~ I'~'~" ~..bt....lIO~ $}.-f'l.- It)N ~..,....1IO .... P t'l';::'l fir... ii2~~~~ ;Z:(/l::!:lIlll;(I) . ~~ ~m ;~; 1f;j;;:;~m:8~ "';"-<d';:qj 201"<0<0* ~~~i'1~I.'!~~ ~<l2~~~~~ ~2:~~~~ ~;~~;;:;:;:j16 o o + ::t: 8 + ':I 8 + " .... 8 + ,. 8 + o .... ~s ~"~'8il:-'. ; ""!I'l.. .CIl ~~::;:~::;:r: :!:onll'lS::!::!~ :!l.~~.~~ aUtH~!juu ~Nr:fU.J Nnwc;. <Il '" -J '-' "- )...(j~ ('O<:N ",- ~(f)~ o",n. u~1"'\ ~oq;f'<') ~<:::: n."- -JO~ '" 0 >.: o 0: t3 J-.;: <:) ~a..C'l ~ Ul~ , 1-lJ..J~~ O~I-a.. ~<:)o<X:i g:~~Oj >- 0.: G:l -' I. DlMOISIOOS ~RE IN Fttr AND DECllJ~I..S 1HEREOF. 2. p.o.s, .. POINT OF' B~GINNlNG. J. P.O,c. - POINT OF COMMf:NCEMENT. 4. P.o.r. ... POINT OF TCRMlNus. 5. R.o.w. .. RtGHr-~-WAy. 6. D.~. .. ORAJNAGE: fASC/JfNT. 7. LB.~. = LANDSCAP~ BUFFER !AS04ENT. 8. T.~E". .. TEMPORARY CONSTRUC11ON EASEMENT. 9. BE"ARINGS ARE BASED ON 1H~ FLORIDA STATE" PLAN~ E"AST ZOO€., NAD 8J/99 ADJUSTMf:NT. NOT A SURVEY FOR ....t: DE"SlGNfil BY! COLLIER COUNTY STORM WA T€R MANAGEMENT ::11 NOLI DRAIIN 8)': o.IIW 1LE: IUI: CHCGKrn 8l':- GPA n SKETCN AND DESCRIPTION OF A 1"FMPORARY II::.. BR Ie COGO CON$7RUCnON EASEMENT. PART OF TRACT N. :1:::- UND.lGB.-. \/lEW: PLon DATE":SCP.23, LELY GOLF ESTATES 1RACTMAP. P.8. 8. PC. 20. p-.....lAMn.p&.o.-..,.laaI.lRlnQo.. _=: . CGLUm COUNTY. FLORIDA ~~:'::=':;S~~~-:;'~':l--=:ll SCAfE 1P..100" ACADj:I0252--SDl ", ABa PROJfCT NO. 7599-2 SHEETHo. J OF 4 FILE NO. 10252 EXHIBIT -.J:Lv Page~0t3: PARCEL NO, 139TCE2 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT ALL THA T PART OF TRACT N, LEL Y GOLF ESTA TES TRACT MAP AS RECORDED IN PLA T BOOK 8, PAGE 20, COLLIER COUNTY. FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT N; THENCE SOUTH 89'27'38" EAST A DISTANCE OF 6.25 FEET TO THE BASELINE OF THE PROPOSED DRAINAGE IMPROVEMENTS BEING STA TION 68+98,33; THENCE SOUTH 0019'53" WEST ALONG SAID BASELINE A DISTANCE OF 151.03 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2,500.00 FEET BEING STATION 67+41.52; THENCE SOUTHERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'29'47" AN' ARC DISTANCE OF 152,56 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET BEING STATION 65+88.95; THENCE SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 93'44'32" AN ARC DISTANCE OF 73.62 FEET BEING STAT/ON 65+15,33; THENCE NORTH B9'25'23" WEST A DISTANCE OF 1,571.98 FEET BEING STAT/ON 49+43.35; THENCE LEAVING SAID BASELINE SOUTH 00'34'37" WEST A DISTANCE OF 207.41 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED, SAID EASEMENT BEING 16.00 FEET WIDE LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 76'28'19" WEST A DISTANCE OF 22,04 FEET; THENCE NORTH 73"53'09" WEST A DISTANCE OF 56.64 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 417,17 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'17'48" AN ARC DISTANCE OF 104,09 FEET TO AN INTERSECT/ON WITH THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND WHOSE RADIUS POINT BEARS NORTH 06'27'47" EAST A DISTANCE OF 934.91 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 05'57'58" AN ARC DISTANCE OF 97.35 FEET TO AN INTERSECT/ON WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND WHOSE RADIUS POINT BEARS SOUTH 13'58'09" WEST A DISTANCE OF 757,90 FEET; THENCE WESTERL Y ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 05'23'00" AN ARC DISTANCE OF 71.21 FEET TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE CONCA VE NORTHERL Y AND WHOSE RADIUS POINT BEARS NORTH 07'17"25" EAST A DISTANCE OF 315.26 FEET; THENCE WESTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 12'08'36" AN ARC DISTANCE OF 66.82 FEET TO AN INTERSECTION WITH THE ARC OF A NON- TANGENT CURVE CONCAVE SOUTHERLY AND WHOSE RADIUS POINT BEARS SOUTH 19'30'43" WEST A DISTANCE OF 226.54 FEET; THENCE WESTERLY ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 16'23'23" AN ARC DISTANCE OF 64,80 FEET; THENCE SOUTH 89'27'16" WEST A DISTANCE OF 24,30 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50,00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58'23'44" AN ARC DISTANCE OF 50,96 FEET TO THE POINT OF TERMINUS OF THE EASEMENT HEREIN DESCRIBED; THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED TO TERMINATE AT. ANOTHER TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) BEING 22.00 FEET WIDE; f CONTAINING 7, 18 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO SEMENTS AND RESTRICITONS OF RECORD ------ , GUY P AoAfiI L. S. NO. 4390 \ ~4 09 RC~SED 8(ARlNG FOR: ....tit DEStCNfD BY! COLLIER COUNTY STORM WA TER MANAGEMENT :n; NOrd DRAlW 8'1': ./AN 1HlE'; I;;; CH~CKEO BY; GPA SKETCH AND DESCRJP1JON OF A TEMPORARY iiii:. BIt j: COGO . CONS7RucnON EASEMENT, PART OF' TRACT N. ...... UNDAGB._ IIlCW: PLOT2 LELY GOLF ESTATES TRACT MAP, P.8. 8, PC. 20. ~~::::.";":=:..u..~~K-====::: . COLLlD? COUNTY, FLORIDA ~~-="='-=:r:"'_-:...--:-.3t-"'''-....f:'-==-'':' SCAlE: N.r.$. NOT A SURVEY .." AB8 PROJECT NO. 7599 2 SHEET NO. DA~$EP. ~ 2 4 OF 4 FILE NO. .ACAO I;I0252-SDIQ 10252 \, " Exhibit E ' TREE REMOVAL AREA EXHIBIT If E: 1/ Page. I of "1- That portion of Tract "N" designated as DRAINAGE EASEMENT on Lely Golf Estates Tract Map as recorded in Plat Book No.8, Page No. 20 of the official records of Collier County, Florida. ~I d z "' '" a: "'I d z '" o o OJ f- '" ..J a. ,; z - "< <.:J-:;[:5 ~ Z w >" wwo ffi ~~~ IJJ r.:i ~ 7- (!;...j<ll" Z ;2", W 0" ~W >-g~ ~ "< Z ~~ ~ "" o a:l"c<li u ,W 1- 5j~ t: t:i z >- m c ~ '" << " w '" . r/J. ~ ~ ~ ~ r/J. ~ ~ ~ o d ~ ~ ~ " ~~ " " -, " 0 ~ ~ ~ [i o 0 " w w " . 0.... <( ~ W <0 '" "' '" !l: <Ii 0 '" 10 Cl "' a. 0 3: ..J f- "- I- u <( 0:: I- ,;:... .... ~~::;~nl/~ ". 'I EXHIBIT 1(6 ---- p~zo{"Z..- "':.-~ <b~~+ ~ ~~ ::0:151-" ~ ~~~ l:lu..~ ~~i~~ ::l",~ : "'oCI- ~ h~;! ~ ~5.,(": a; "00"'''' ~ ::::.,~~'" ~ t;:t:~ ...J ~:<,:!;;:.; ~ ",~~t;::i ::J ~ gS\5i:; @ ,.: f- dl z ." m ::J 0 () --, z '. en J z !l: 0 "' f- :; () ..J "' 0 en () "- 0 ur z 0 i= !l: 0 ;11 a. ~ i . m. ........~ .. '. -..." 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