LELY COMMUNITY DEVELOPMENT DISTRICT. 42K Creation. Lely Community Development District is

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1 THE FULL TEXT OF THE RULE IS AS FOLLOWS: LELY COMMUNITY DEVELOPMENT DISTRICT 42K Creation. Lely Community Development District is hereby created. Specific Authority: Section (1) and , Florida Statutes (F.S.) Law Implemented: Section , F.S. History-New 42K-l.002 Boundary. The boundaries of the District are as follows: DESCRIPTION: All that part of Sections 21, 27, 28, 33 and 34, Township 50 South, Range 26 East and part of Section 3, Township 51 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Begin at the southwest corner of said Section 28; thence along the west line of said Section 28, North SS East feet to a point on the boundary of that land described in O.R. Book 542, page 765; thence along the boundary of said land in the following three (3) described courses; 1) South OS East feet; 2) North East feet; 3) LNorth West feet to a point on the west line of said Section 28; thence along the west line of said Section 28, North l6 East feet to the northwest corner of said Section 28 and the southerlymost corner of that land described in

2 0. R..Book;1244, page 983; thence along the easterly line of said land in the following two (2) described courses; 1) North 26 l3 32 East feet; 2) North ll West feet to a point on the west line of said Section 21; thence along said west line North East feet; thence leaving said line South East feet; thence southeasterly feet along the arc of a circular curve concave northeasterly having a radius of feet through a central angle of SO and being subtended by a chord which bears South East feet; thence South East feet; thence easterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet; thence South East feet; thence southeasterly feet along the arc of a circular curve concave southwesterly having a radius of feet through a central angle of OO and being subtended by a chord which bears South East feet; thence South East feet; thence southeasterly feet along the arc of a circular curve concave northeasterly having a radius of feet through a central angle of l and being subtended by a chord which bears South East feet; thence South 4l056h11~ East feet; thence North East feet; thence northerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of OO and being subtended by a chord which bears North East feet; thence North 08 ll ll West feet; thence North West feet thence North

3 O8 i1~ii West feet; thence North East 170:60 feet; thence South ll East feet; thence South West feet; thence South East feet; thence southerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of OO and being subtended by a chord which bears South West feet; thence South West feet; thence South 4l 56~ll~ East feet; thence southeasterly, easterly and northeasterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet; thence North sso41i30i~ East feet; thence northeasterly feet along the arc of a circular curve concave northwesterly having a radius of feet through a central angle of 45~00 00 and being subtended by a chord which bears North East feet; thence North East feet; thence northeasterly feet along the arc of a circular curve concave southeasterly having aradius of feet through a central angle of 3103l~30~ and being subtended by a chord which bears North ls East feet; thence North OO East feet; thence northeasterly, northerly and northwesterly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of and being subtended by a chord which bears North West feet to a point of reverse curvature; thence northwesterly feet along the arc of a circular curve concave northeasterly having a radius of feet through a central angle of and being subtended by a chord which

4 hearsnorth West feet; thence along a nontangential line North East feet; thence South East feet; thence southeasterly feet along the arc of a circular curve concave northeasterly having a radius of feet through a central angle of OO and being subtended by a chord which bears South East feet; thence South East feet; thence easterly 309:59 feet along the arc of a circular curve concave northerly having a radius of feet through a centralangle of and being subtended by a chord which bears South East feet; thence South East feet; thence easterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of and being subtended by a chord which bears North ~ East feet to a point of reverse curvature; thence easterly feet along the arc of a circular curve concave southerly having a radius of feet through a central angle of and being subtended by a chord which beats North East feet; thence South lo East feet; thence easterly feet along the arc of a circular burve concave southerly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet to a point of reverse curvature; thence easterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of l and being subtended by a chord which bears South East feet; thence South East feet to a point on the proposed westerly right-of-way line of C.R. 951, Isle of

5 Capri~Road~ thence run along said proposed right-of-way line in the following three (3) described courses being parallel with and 25 feet westerly of the existing right of-way of C.R. 951; 1) South O0051~4l~T West feet; 2) southerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of and being subtended by a chord which bears South lo West feet; 3) South West feet to a point on the northwesterly line of that land described in 0. It. Book 124, page 459; thence leaving said right-of-way line and along the northeasterly line of said land, North West feet; thence along the northwesterly line of said land, South West feet to a point on the northeasterly right-of-way line of U.S. 41, Tamiami Trail; thence along said right-of-way line North West feet to the southerlymost corner of that land described in 0. R. Book 1173, page 789; thence along the southeasterly line of said land, North East feet; thence along the northeasterly line of said land, North West feet; thence along the northwesterly line of said land, South West feet to a point on the northeasterly right-of-way line of U.S. 41, Tamiaini Trail; thence along said right-of-way line, North West feet; thence continue along said right-ofway line North West feet to a point on the north and south 1/4 section line of said Section 33; thence along said north and south 1/4 section line North East feet to the north 1/4 corner of said Section 33; thence along th~ south line of said Section 28, North Ol West feet to the Point of Beginning; containing acres

6 more ot 1es~S; subject to easements and restrictions of ~ecord; bearings are based on the west line of said Section 21, being North 2058b09t1 East. Specific Authority: Section (1), F.S. and , F.S. Law Implemented: Section and , F.S. History-New 42K Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: C. William Norman, David N. Blank, Lee L. Katz, Fred Gartz, Evelyn M. Cryder. Specific Authority: Section (1) and , F.S. Law Implemented: Section (1), F.S. History-New

7 ~_-a4 t ~L ant x ant ant v nr a (7 U va.c& aa a ant- L ~flt ft a r;1ot5 SXc Uvpartmrut of ~tutv Thuiaian of Elections ~1(7P I, JIM SMITH, Secretary of State of the State of Florida, do hereby certify that the above and foregoing X is a true and correct copy of Chapter 42K i, Florida Administrative Code, rules and regulations of the Land and Water Adjudicatory Commission, Lely Community Development District, filed pursuant to Chapter 120, Florida Statutes, and became effective on January 10, 1991, as shown by the records of this office. K4 ~7flt~ i~iben unber mp baub nab the ~c 0~reat ~ eal of the ôtate of jioriba, at ~allaba~see, the CapitaL, ttji the 11th bapof January, A.D tnftli 101 ~ ecntarg of *tatt t~ ~42i ~

8 THE FULL TEXT OF THE RULE IS AS FOLLOWS: LELY CO?~4UNITY DEVELOPMENT DISTRICT 42K-l.OO1 Creation. Lely Community Development District is hereby created. Specific Authority: Section (1) and , Florida Statutes (F.S.) Law Implemented: Section , F.S. History-New 42K-l.002 Boundary. The boundaries of the District are as follows: - DESCRIPTION: All that part of Sections 21, 27, 28, 33 and 34, Township 50 South, Range 26 East and part of Section 3, Township 51 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Begin at the southwest corner of said Section 28; thence along the west line of said Section 28, North East feet to a point on the boundary of that land described in O.R. Book 542, page 765; thence along the boundary of said land in the following three (3) described courses; 1) South East feet; 2) North East feet; 3) North West 1456.:5 feet to a point on the west line of said Section 28; thence along the west line of said Section 28, North East feet to the northwest corner of said Section 28 and the southerl ~ost corner of that land described.in

9 0. R. Book 1244, page 983; thence along the easterly line of said land in the following two (2) described courses; 1) North 26 :3 32 East feet; 2) North ll West feet to a point on the west line of said Section 21; thence along said west line North East feet; thence leaving said line South East feet; thence southeasterly feet along the arc of a circular curve concave northeasterly having a radius of feet through a central angle of 24 l0 SO and being subtended by a chord which bears South East feet; thence South East feet; thence easterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet; thence South East feet; thence southeasterly feet along the arc of a circular curve concave southwesterly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet; thence South East feet; thence southeasterly feet along the arc of a circular curve concave nortneasteri.y navlng a radius of reet through a central angle of and being subtended by a chord which bears South O3 East feet; thence South East feet; thence North East feet; thence northerly feet along the arc of a circular curve concave wester1y having a radius of feet through a central angle of and being subtended by a chord which bears North East feet; thence North 08 ll ll West feet; thence North West feet thence North

10 08 11 ll West feet; thence North East feet; thence South ll East feet; thence South West feet; thence South 08 ll 11 East feet; thence southerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of and being subtended by a chord which bears South West feet; thence South West feet; thence South l1fl East feet; thence southeasterly, easterly and northeasterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet; thence North 55 4P30 East feet; thence northeasterly ~39.Sz :eet along tne arc or a clrcuiar curve concave northwesterly having a radius of feet through a central angle cf OO and being subtended by a chord which bears North East feet; thence North East feet; thence northeasterly feet along the arc of a circular curve concave southeasterly having a radius of feet through a central angle of and being subtended by a chord which bears North ls East feet; thence North East feet; thence northeasterly, northerly and northwesterly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of and being subtended by a chord which bears North West feet to a point of reverse curvature; thence northwesterly feet along the arc of a circular curve concave northeasterly having a radius of feet through a central angle of and being subtended by a chord which

11 bears North West feet; thence along a non tancential line North East feet; thence South East feet; thence southeasterly feet along the arc of a circular curve concave northeasterly having a radius of feet through a central angle of Q0 and being subtended by a chord which bears South East feet; thence South East feet; thence easterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of 23 1l 13 and being subtended by a chord which bears South 77032l34~ East feet; thence South lo East feet; thence easterly feet along the arc pf a circular curve concave northerly having a radius of feet through a central angle of l and being subtended by a chord which bears North East feet to a point of reverse curvature; thence easterly feet along the arc of a circular curve concave southerly having a radius of feet through a central angle of and being subtended by a chord which bears North East feet; thence South East feet; thence easterly feet along the arc of a circular curve concave southerly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet to a point of reverse curvature; thence easterly feet along the arc of a circular curve concave northerly having a radius of feet through a central angle of and being subtended by a chcrd which bears South u East feet; thence South East feet to a point on the proposed westerly right-of-way line of C.R. 951, Isle of

12 Capri Poad; thence run along said proposed right-of-way line in the fcllowing three (3) described courses being parallel with and 25 feet westerly of the existing right of-way of C.R. 951; 1) South West feet; 2) southerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of SB and being subtended by a chord which bears South lb 16 lo West feet; 3) South West feet to a point on the northwesterly line of that land described in 0. R. Book 124, page 459; thence leaving said right-of-way line and along the northeasterly line of said land, North West feet; thence along the notthwesterly line of said land, South West feet to a point on the northeasterly right-of-way line of U.S. 41, Taniasni Trail; thenoc along said rig:~t-o~-way line North West feet to the southerlvmost corner of that land described in 0. R. Book 1173, page 789; thence along the southeasterly line of said land, North East feet; thence along the northeasterly line of said land, North West feet; thence along the northwesterly line of said land, South West feet to a point on the northeasterly right-of-way line of U.S. 41, Ta.rniami Trail; thence along said right-of-way line, North West feet; thence continue along said right-of way line North West feet to a point on the north and south 1/4 section line of said Section 33; thence along said north and south 1/4 section line North East feet to the north 1/4 corner of said Section 33; thence alona the south line of said Section 28, North West feet to the Point of Beginning; containing acres

13 more or less; subject to easements and restrictions of record; bearings are based on the west line of said Section 21, being North East. Specific Authority: Section (1), F.S. and , F.S. Law Implemented: Section and , F.S. History-New 42K Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: C. William Norman, David N. Blank, Lee L. Katz, Fred Gartz, Evelyn M. Cryder. Specific Authority: Section (1) and , F.S. Law Implemented:~ Section (1), F.S. History-New

14 AFFIRMATION OF CONSENT TO ESTABLISHMEfl OF LEVY COMMUNITY DEVEWPMENT DISThICT The undersigned, SOUTHERN MANAGEMENT CORPORArION, as owner of that certain property located in Collier County, Florida, more particularly described in Exhibit A attached hereto and made a part hereof, hereby affirms its consent to establishment by rulemaking of the tell pommiinity DEVELOPMENT DISTRICT which was established by Rule 42K i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudicatory Commission with an effective date of January 10, The undersigned further acknowledges that the BOARD OF SUPERVISORS FOR TEE LEVI COMMUNITY DEVELOPMENT DISTRICT has caused the undersigned to be informed by way of resolution and otherwise that the BOMW OF SUPERVISORS shall not be delivering community development services nor facilities to the Exhibit A lands, and that as a Board of Equalization, it found no assessment to be attributable to the Exhibit A lands, also described as Tract 16 of Lely Resort Phase One, flat Book 16, Pages 87 through 99, inclusive, of the Public Records of Collier County, Florida, nor any benefit to the Exhibit A lands derived therefrom, nor shall any ad valorem and/or non-ad valorem assessments be made against the Exhibit A lands. The undersigned by the execution hereof confirms and Li,in FcS acknowledges the0 jurisdiction of the BOARD Of SUPERVISORS to effect Sc~tJi~f MC~ the exclusion of the Exhibit A lands from the aforesaid District, to which it consents as evidenced by the IRREVOCABLE CONSENT TO HAVE LANDS EXCLUDED FROM THE JURISDICTION AND BOUNDARIES OF THE LEVY COMMUNITY DEVELOPMENT DISTRICT of even date herewith executed by the undersigned. 1

15 in WIThESS WHEREOF, the undersigned executes this Affirmation of Consent to Establishment of the Lely Community bevelopmeiit Diátrict on this?3 day of May WITNESSES SOLFfBERN fl~agemewi~ CORPORATION STATE OF FLORIDA) COUNT! op6a2n&atk~ BEFORE NE, personally appeared GEORGN,T. ROYfl, as president 4%C-~ of SOUTHERN MANAGEMENT CORPORATION to me well know&4fld known to we to be the person described in and who executed the, foregoing inbtrument, and acknowledged to and before me that he, as President of SOUtHERN NA GEMENT CORPORATION, executed said instrument for the purposes therein expressed, and in behalf of SOUTHERN MANAGEMENT COIU ORAflON. WITNESS my hand and official seal this 3 day of )ay, NO ANY PUELI - (Sea My MY CoMMlS~0H CPIRES M RCU 19, 99,!ONO!D 1NRU ASHTON AGEHCYi R~ -. - c,\uttlitle\cofleeflt. afl 2

16 EXHIBIT hyjh Description of part of the northwest 1/4 of Section 3, Township 51 south, Pang. 26 East Parcel A (Globe Oil parcel) Collier County, Florida All that part of the northwest 1/4 of Section 3, Township 51 South, ~ 26 East, Col.Ii.r County, Florida being sore particularly described as follow sj cc..n.ncing at the northwest;corner of said Section 3g thenc. along the north lin, of said Section 3, Soith 595_301_l1* flit feet to the westerly right of way line of State Road Hi, (Isle of Cepri Poad)g thence ilop lq Said right ofwsy line, South P West ~9S.50 fest to th. northeast corner of that land described in o.r. Book 124, page 459, Collier County Public Records, Collier County, riorida, thence leavinq said rjight of vay,llne, and along the north line of said land, North West f..t to the northwest corner of ash land; - 1 -~ thence leaving said corner, North 54e_2O~245 West feet to the POIHT or beginning of the Parcel A herein described; thence South 3S 40 3~ West feet to the northerly right of way line of U.S. 41 (Taniaai Trail); thence along said right of way line, North West feet; thence leaving said right of way linö, North East feet; thence South SV tact feet; thence South West feet to the Point of Beginning of the Parcel A herein described; being apart of the northwest 1/4 of Section 3, Township 51 South, Ring. 26 flit, Collier County, Florida; subject to easements and restrictions of records containing 1.26 sent of land sore or less.

17 ,AREVOCABLE CONSENT TO RAVE LMWS EXCLUDED FROM THE JURISDICTION AND BOUNDARIES OF THE LELT COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the LELY COMMUNITY DEVELOPMENT DISTRICT is a local unit of special purpose government, organized and existing in accordance with the Uniform Cormminity Development District Act of 1980, chapter 190, Florida $tatutes, as amended, created by a rule of the Florida Land: and Water Adjudicatory Commission (Rule chapter 42K i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudication Commission) which became effective January 10, 1991; and WHEREAS, SOUTHERN MANAGEMENT CORPORATION is the present fee owner of the lands described in Exhibit A, attached hereto and made a part hereof, of approximatelyl.25 acres, more or less and located within the boundaries of the aforesaid I1Efl COMMUNITY DEVELOPMENT DISTRICT as described in Rule Chapter 42K-i, Florida Administrative Code; and WHEREAS, the J1ELY COMMUNITY DEVELOPMENT DISTRICT was created for the specific purpose of delivering certain community development services and facilities within its jurisdiction and boundary, none of which development services and facilities will be provided by the LELY CoMMUNITY DEVELOPMENT DISTRICT to and for the lands described in Exhibit A ; and WHEREAS, the BOARD OF SUPERVISORS OF THE leijy COMMUNITY DEVELOPMENT DISTRICT acting as a board of equalization did on the 8th day of May 1991 in recognition that the Exhibit A lands, also described as Tract 16 of Lely Resort Phase One, Plat Book 16, Pages 87 through 99, inclusive, of the Public Records of Collier County, Florida, would receive no benefit from the development services and facilities to be provided by the I.ELY COMMUNITY DEVELOPMENT DISTRICT, found that no assessment for benefits was attributable to the Exhibit A lands; and

18 WHEREAS, the EOFSBD OF SUPERVISORS OF THE LELY COIIMUNIn DEVELOPMENT DISTRICT did further on the 8th day of Nay 1991, make a determination to effect the exclusion of the Exhibit A lands from the jurisdiction and boundaries of said LELY COMMUNITY DEVELOPMENT DISTRICT as established. NOW THEREFORE: The undersigned, SOUTHERN NPINNENENT CORPORATION, as Consenter, acknowledges that it is the present fee owner of that certain parcel of land located in Collier County, Florida, described in Exhibit A1 attached hereto and made a part hereof, which are within the boundaries of the I2LY COMMUNITY DEVELOPMENT DISTRICT as established in Rule Chapter442K l, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudication Commission. That the BOARD OF SUPERVISORS OF THE LEI.Y COMMUNITY Lj,i;4-c4 DEVELOPMENT DISTRICT has ~legal jurisdiction over the Exhibit A lands and as such is authorized by this Consenter to appear in its behalf for thes~~urpose of excluding the Exhibit A lands from its District boundaries in such proceeding for amendment of the Rule (Rule Chapter 42K-i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudicatory Commission) before the Florida Land and Water Adjudication Commission and before such other forums and/or at such other proceedings and/or hearings before the appropriate agencies and/or units of government to achieve the aforesaid stated purpose. The undersigned in accordance with the foregoing does hereby irrevocably consent to the exclusion of the Exhibit A lands from the boundaries and jurisdiction of the LELY COMMUNITY DEVELOPMENT DISTRICT as established in Rule Chapter 42K i, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudication Commission, It being the intent of this Consent that 2

19 .a Consent be irrevocable and ongoing until such time as the Exhibit A lands are excluded from the IJEIJY COMMUNITY DEVELOPMENT DISTRICT boundaries. IN WITNESS WHEREOF, the undersigned executes this Irrevodable Consent on this 23 day of May WIThESSES; SOUTHERN MANAGEj4fl4!f CORPORRTI0N STATE OF FLORIDA) COUNTY 0F62tth7I &~d-j Dy: Its../t resident BEFORE ME, personally appeared GEORGE,i~t ROYAL, as Presidentfrt<~_. of SOUTHERN MARAXEMENT CORPORATION to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he, as President of SOUTHERN MANAGEMENT CORPORATION, executed said instrument for the purposes therein expressed, and in behalf of SOUTHERN MANAGEMENT CORP ORATION. WITNESS my hand and official seal thi S day of May, 1991, My Commission Expires: - NOTARY PUWC; STATE OP PLO~1IDA AT LARG. MY COMmISSION EXPIRES MARCH 19, 1994 LCJNDEO TFIRU ASHTON AGENCY, INC~ 0 AflY PUBLIC {Sea ce\utilitle\oonsunt. irr 3

20 EXHIBIT ha~ Description of part of the northwest 1/4 of SectIon 3, township 51 South, Pang. 26 East, Parcel A (Globe 011 Parcel) Collier County, tioride All that pert of the northwest 1/4 of Section 3, township 51 South, Ping. 26 Lilt, Collier County1 florida being sore particularly described a tollow á; cotisencing at the northweat:corner of said Section 3~ thenc. along the north line of paid Section 3, South e~ 3o n Last feet to the westerly right of why line of Stat. Road p51, (Eel. of Cepri Road)g ttience along said right of way line, South West,98.50 feet to the northeast corner of that land described in 0.R. Book 124, page 459, Collier County Public Records, Collier County, Florida; thence leavinq aid right at vay,lin., and along thi north line of said land, North ~ West feet to the northwest corner of said lend; thence leaving said corner, North West 45,00 feet to the POINT Of ItOENNING of the Parcel II. herein described; thence South 35 ~ welt test to the northerly right of way line of U.S. 41 (Taaiaai Trail); thence along aid right of way line, North West feet1 thence leaving said right of way lini, North 3S ~40 39 East feet; thence South ~4 tast feet; thence Bouth 35e..401_39t West feet to the Point of Beginning of the Parcel A herein described; being apart of the northwest 1/4 of Section 3, Township 51 South, Pange 2~ East, coltt.r County, Florida; subject to ealebente and reetrictione of record1 containing 1.26 acres of land sore or Ia:;.

21 SPAWE OF FLORIDA COUNTY OF COLLIER AFFIDAVIT AND HOLD HARMLESS AGREEMENT BEFORE NE, the undesigned authority, personally appeared John J. Agnelli, as President of Lely Development Corporation, who being by me first duly sworn on oath states: 1. That Affiant was the petitioner for the creation of the IJELY COMMUNITY DEVELOPMENT DISTRICT which was established by Rule 42K-l, Florida Administrative Code, Rules and Regulations of the Land and Water Adjudicatory Commission, with an effective date of January 10, That this Affidavit and Hold Harmless Agreement is given for the express purpose of inducing and in consideration of SOUTHERN MANAGEMENT CORPORATION executing certain documents effecting said District boundaries, to wit: an IRREVOCABLE CONSENT TO HAVE LANDS EXCLUDED FROM THE JURISDICTION AND BOUNDARIES OF THE LELY COMMUNITY DEVELOPMENT DISTRICT and AFFIRMATION OF CONSENT TO ESTABLISHMENT OF LELY COMMUNITY DEVELOPMENT DISTRICT; the Affiant well knowing that this AFFIDAVIT AND HOLD HARMLESS AGREEMENT is being relied upon by SOUTHERN MANAGEMENT CORPORATION. 3. The undersigned in behalf of LELY DEVELOPMENT CORPORATION does hereby further agree to indemnify and hold harmless SOUTHERN MANAGEMENT CORPORATION from any and all costs including but not limited to, costs and assessments, operation and maintenance, Community Development District assessments etc. occasioned by the inclusion of real property owned by SOUTHERN MANAGEMENT CORPORATION within the District boundaries, and the costs to remove the same therefrom, including petitioning costs, filing fees, hearing costs, and any other costs associated with and/or attributable either directly and/or indirectly to the real property of said SOUTHERN MANAGEMENT CORPORATION, being removed from the above-referenced District boundaries. 4. The undersigned hereby further agrees to indemnify and hold harmless SOUTHERN MANAGEMENT CORPORATION from any and all liabilities and expenses resulting from the reliance of SOUTHERN MANAGEMENT CORPORATION on the representations made in this instrument. IN WITNESS WHEREOF, the undersigned executes this Affirifration of Consent to Establisimient of the Lely Community Development Distri~t.on this 1.6 day o~may LELY DEVELOPMENT C2RPORI%!p ION ByCJ4~La /John J~~tAg5)f111i, President STh!PE OF FLORIDA ) / V ) COUN!L Y OF COLLIER BEFORE NE, personally appeared JOHN S. AGNELLI, as President of LETS DEVELOPMENT CORPORATION to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he, as President of I.Efl DEVELOPMENT CORPORATION executed said instrument for the purposes therein expressed, and in behalf of LELY DEVELOPMENT CORPORATION. WITNESS my hand and official seal this /~day, My Comnu.ssion Expires: llo~ary ru~ ~t:b d. Mj toni is~cn ~ç:!r.:, 24, i~4 flirt. NOTARY PUB (Seal) a: \agreement\aff&soia scu