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Backup Documents 05/11/1999 R REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS MAY 11, 1999 REFERENCl #912733 !~i OF PUBLIC HEE State ~)f County of ~fore the ~er~ed aut~rtty~ e~ar~ B. La~ ~ ~ ~th says t~t she serves as the Assistant Cor~rate Secretary of the NapLes Oa~Ly H~s, a dally n~s~r ~bt~sh~ at ,aptes In CoLLier C~ty~ FLorida: that the attach~ c~ of ~ert~l~ vas ~ttsh~ tn laid . n~s~n ~ dates L$st~. '~:~%~ AffJmnt further ~s that the ~ Napier N~s ~ m n~s~r,'~b~tth~ et Naples, ~n Cot~ter~~C~ty,~ F[ortda, e~ that the tatd ~1~ in ~ald ~O~ler C~ty, F[orSda, each day ~ ~s ~' ~ter~ as sec~ 'cLass ~ttee at the ~st offtce ~n Naptes, ~n aa~d CotL~ee C~ty~ FLor~da~ for · ~rl~ of 1 year next prec~ the first ~L~catf~ of t~e attach~ c~ of'~erttse~t; a~ affiant furthee ~eys t~t she ~s nelthee ~d ~r pr~ts~ any ~rl~/ fire or c~ratt~ any d~sc~t~ r~te~ c~tsst~ or refu~ for the ~se of se~eJ~ th~s ~ert~s~nt for A0 SPACE: 55.~ %aCH .:~f Af f~ant~ NOTIC~ CXe PUBLK: N~ETING ROARD OF COUNTY COLL~ COUNTY, FLOR/DA May 11, I~ ~ce Is ~eby given m~s~rs '~t} ~,e~ ~e ThUd F ~ ~ ~e A~ mlnlstrotlon Building LBuI~ ~} ~ ~e C~ller Lounty Government ~ ~ c~u~ the ~1- ~ ~e. f~ ~id meeting will ~ County Admlnl~trotor, ~nv ~r~ ~o ~. · ls ~d will n~d o r~ ~d ~ ~e ~lnlng ~e~, tns,~-e ~ a v~lm ~ r~d ~ ~ pr~{ ~ Is ~e, ~h r~ f cord Includes the te~y a~ BOARD OF COUNTY CO~S~O~S COLLIER COUNTY 1 FLORIDA ' ~ P~ELA ~ MAC'KIE I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 11, 1999 9:00 a.m. NOTi ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR'-~TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. -- COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING INA/FY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD ,~i~% AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE '<SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A ~aE THAT A~,VERBATiM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD.Z~CLUDES ~,H~ TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO ~ . .~ ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ~LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1.'~i~ INVOCATION ~everend Paul Jarrett Naples Church of Christ 2''~ '~ PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS "i~6'~ed and/or adopted with changes - 5/0 OF CONSENT AGENDA. APPROVAL 'i OF SUMMARY AGENDA. i~ ~~ May Il, 1999 C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as presented - 5/0 A.~..~:'April 13, 1999 B'$~9~ 'April 13, 1999 C. April 20, 1999 Regular Meeting Workshop Workshop PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1} Proclamation proclaiming the week of May 22-28, 1999 as National Safe Boating Week. To be accepted by Lt/C. Arch D. Ward, Executive Officer, Naples Power Squadron Adopted - $/0 2) 3) Proclamation proclaiming the week of May 16-22, 1999 as Emergency Medical Services Week. To be accepted by Ms. Diane Flagg, Chief, Emergency Medical Services Adopted and Phoenix Awards Presented 5/0 Proclamation proclaiming the week of May 16-22, 1999 as Law Enforcement Appreciation Week. To be accepted by Sheriff Don Hunter, Collier County Sheriff's Office Adopted - 5/0 4) Proclamation recognizing Elwood Witt, Sr. Adopted - 5/0 Bo 5) Proclamation proclaiming the week of May 9-15, 1999 as Rotary International Group Study Exchange Week. To be accepted by Mr. George Drobinski, District 6960 Group Study Exchange Chairman, Rotary International Adopted - 5/0 SERVICE AWARDS Presented 1) 2) 4) 5) 6 } 8) David Gipee, Road & Bridge 20 Years Steven Dornbusch, Wastewater Dept. - I0 Years (Not Present) Donnal Holm, Revenue Services Dept. 10 Years Arthur Drury, Jr., Road & Bridge 5 Years Gordon Hazen, Parks & Recreaticn Dept. 5 Years Thomas Walsh, Water Dept. 5 Years (Not Present) Susan Kolanda, Pollution Control - 5 Years (Not Present) Mark Linsay, Road and Bridge - 5 Years ~iay I I. 1999 C. PRESENTATIONS 1) Recommendation to recognize Julio Torres, Customer Service Representative II, Public Works Engineering Department, as Employee of the Month for May 1999. Recognized 2) Presentation of the Family Friendly Workplace Designation Award from the Naples Alliance for Children to be Presented by Myra Shapiro, Naples Alliance for Children President. Presented APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES PUBLIC PETITION Ms. Terri Ellison representing Waldon Oaks Homeowners Association regarding a speeding problem. Staff to prepare agreement and present same as a regular agenda item (Consensus) Bo Mr. Richard Vetter regarding Westview Plaza PUD landlocking of lots. Staff to investigate and come back (Consensus) COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) Progress report from the Comprehensive Plan Standards Ad Hoc Committee Conu~ittee Report Accepted - 3/2 (Conunissioners Mac'Kie and Carter opposed). Urban Density Reduction Approved 3/1' (Commissioners Mack,Kie opposed and Commissioner Constantine out). Special meeting to be held May 18, 1999 re rural policy (Consensus) Report to the Board on the Transportation Element of the Collier County Growth Management Plan. Continued 5/0 3) Request by Attorney John E. Spiller to waive LDC requirements for a Site Improvement Plan (SIP) for existing improvements on various properties located in Immokalee, Florida, and to amend the LDC to provide for an administrative exemption from Site Development Plan or Site Improvement Plan submittal. May II, 1999 Staff Recommendation upheld - 3/2 (Commissioners Mac'Kie and Berry opposed) PUBLIC WORKS 1) Approve an inter-fund transfer to the Immokalee MSTU to complete the Immokalee Main Street Beautification Project and designate CR 846 and SR 29 as gateways into Collier County. (Companion item to 8{E!i~!, Bid No. 99- 2921) Approved 4/0 (Commissioner Carter out) 2) Award Bid No. 99-2921 for the Immokalee MSTU {Phase II- B) Median Landscape Improvements along S R. 29 to Hannu!a Landscaping, Inc. (As a companion item to Funding Report under Section 8(B) (1} of the agenda). Approved 4/0 (Commissioner Carter out) 3) Approve an Agreemen[ for sale and purchase for property required to provide for a Stormwater Management Pond in the Gateway Triangle area. Approved - 4/0 (Commissioner Carter out) This item has been deleted. 5) Adopt a Resolution authorizing the Acquisition by Gift, Purchase or Condemnation of road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple tit].e in[erests for Pine Ridge Road between Airport-Pulling Road (C.R. 31) and Logan Boulevard CIE No. 41. Res. 99-228 Adopted - 4/0 (Commissioner Carter out) 6) Approve a Resolution to create the Golden Gate Parkway Water and Wastewater MSBU District. Res. 99-229 Adopted 4/0 (Commissioner Carter out) PUBLIC SERVICES 1) CONTINUED FROM 4/27/99 MEETING: Review of documents necessary to create a Collier County Community Health Care Committee. Res. 99-230 Adopted w/changes 5/0 2; Authorization to negotiate the sales price of property adjacent to the Golden Gate CommuniSy Center {GGCC) and appoint a Commissioner to act as a liaison to assist with the negotiation of the price. 4 May II. 1999 10. Continued A. Staff recommendation Approved; Commissioner Constantine to~handle negotiations - 5/0 3) A99rove an agreement for sale .and purchase for the 9urpose of acquiring Tract "D' of Roberts Ridge, "Roberts Ranch", Immokalee. APproved w/stipulations - 5/0 D. SUPPOR~ ~ERVICES E. COUNTY ADMINISTRATOR Moved from Item #16E1 1) Approval of membership in the National Association of Count ies. AP'Pro,al to reinstate membership 3/2 (Commissioners NoT'~is and Constantine opposed) F. EMERGENCY SERVICES G. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT A. Recommendation that the Board authorize the office of the County~torney to work jointly with the Clerk of the Circuit Court to take all appropriate action to recover any monies ~wed to the County by Southwest Florida Drama, Inc. or othe~entities or persons as a result of the grant of Tourist~ Tax funds for the Epic Drama proposal. Approved - 5/0 BOARD OF COUNTY COMMISSIONERS CONTINUED FROM 4/27/99 MEETING: Appointment of members to the Health Facilities Au=hority. B. Replacement of Ad Hoc Committee member. Res. 99-231 appointin~ John Wiseman Adopted - 5/0 Recommendation to declare a vacancy on the Public Vehicle Advisor~ Commit tee. Res. 99~232 - Adopted 5/0 em re~aro~ng ~es. 99~ to (Commissioners 99 employment of County Administrator. terminate County Administrator- Adopted 3/2 Carter and Berry opposed; and to come back on May 11. 1099 11. OTHER ITEMS OTHER 1) ITUTIONAL OFFICERS Recommend that the Board of County Commissioners sign t~ Certification of Acceptance f~r the State of FI'6~ida STOP Violence Against Women Grants Program Subgrant Award #99-DV-C1-09-21-01-009/DomestJc Violence Unit Project in the amount of $91,125. Approved - 5/0 B. PUBLIC ~ENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS 12. 1. Mr. Rodriguez re different organizations in Collier County 2. David Sh~aly re promoting South Florida 3. Frank Laney re English only in Collier County ADVERTISED PUBLIC HEARINGS - BCC A. COMPRE~{ENSIVE PLAN AMENDMENTS ZONING AMENDMENTS 1) Petition R-99-04, Richard D. Yovanovich of Goodlette Coleman & Johnson, P.A., representing Naples Dinner Theater Associates, LTD. =equesting a rezone from C-1 to C-3 for property located on the north side of Piper BOulevard immediately west cf Cypress Way, further described as Block B, Palm River Estates Uni~ 4, in Section 23, Township 48 South, Range 25 East, Collier County, Florida, consisting of .77+/- acres. Ord. 99-32 Adopted with changes - 4/1 (Commissioner Carter Opposed) CONTIN~IED FROM THE APRIL 27, 1999 MEETING. PUD~93- 01~(~), George L. Varnadoe o~ Young, van Assenderp & Varnadoe, P.A. representing WCI Communities L.P. for an amendment to the Pelican Marsh PUD for the purposes of adding specific regulations for boundary and project signage; making provisions for fifty (50) special residential dwelling that ma}, function as rental units in conjunction with the hotel or golf course; and revising the authorized amount of commercial de~91opment in the activity center district for property bordered on the west by Tamiami Trail North (U~ . 41), on the east by the future Livingston Road, an~ on the south by Vanderbiit Beach 9oad in sections 2) 6 .May I 1. 1(199 2 7,34,35, and 36, Township 48 South, Range 25 East, C~lier County, Florida, consisting of 2072.88 + acres. ¢¢~MPA~Xo~ TO DOA-99-0~) - Or~inance 99-33 Adopted with stipulations 5/0 Moved from Item #17A~ 3) Petition R-99-2, D. Wayne Arnold, AICP, of Wilson, M~Iler, Barton & Peek, Inc. representing M.J. Zuidema, Trustee for Land Trust ~500967, requesting a rezone f~6~ "A" rural agricultural to "C-4" for property l~ted on the east side of U.S. 41 North, north of the i~ersection of U.S. 41 and Old U.S. 41. in Section 9, T~ship. ~ 48 South, Range 25 East, consisting of 7.9 +/- acres. Ordinance 99-34 Adopted with stipulations 5/0 C. OTHER 1) 2) 3) CONTIN73ED FROM THE APRIL 27, 1999 MEETING. DOA-99-01 George L. Varnadoe of Young, van Assenderp & Varnadoe, P~. representing WCI Communities L.P. for an amendment t6~the Pelican Marsh Development of Regional Impact (DRi) Development Order No 95-01 as amended for the purpose of increasing the authorized amount of retail floor space by 57,500 square feet of GFA, an increase or,fifty (50) hotel rooms, and a reduction in medical office space of 25°000 square feet of GFA, for property bordered on the west by Tamiami Trail North (U.S. 41), o~he~ east by the future Livingston Road, and on the south by Vanderbilt Beach Road in Sections 2~.27,34,35,& 36, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2072.88+ acres. (COMPANION TO PUD-93-01-(4)) D~%%lopment~ Order 99-2/Resolution 99-234 Adopted with stipulations 5/0 Adopt an Ordinance Amending Ordinance No. 97-37, the Reclaimed Water System Ordinance; by adding Subsection B to Section Twenty-~hree, Customer's On-site Reuse System; to establish policy regarding rates that the County's Reclaimed Water customers may utilize to pass- t~r6ugh direct costs to individual end users; providing fo=.~inclusion into the Code of Laws and Ordinances; providing for Inclusion into the Code of Laws and Ordinances; providing for Conflict and Severability; prb~iding an Effective Date. Ordinance 99-35 Adopted 4/0 (Conunissioner Carter out) Petition VAC-009 to renounce and disclaim all rights an~7]~interests of the County and public access (i~ress/egress) and travel upon the following roadways 7 Mayll. 1999 13. 14. within Foxfire Subdivision and Planned Unit ~e~e~:FthOse roadways~dep~cted and described in ~ oxfire Unit On~ , ~lat Book 13, Pages 84 t~ugh 86 and Foxfire Unit Three, Plat Book 13, Pages 1~'~ through 103, Public Records of Collier County, FlOrida; providing fer the continuing and unaffected r~h~s of easement holders, emergency medical and fire s~rVlces, Collier County water management vehicles and personnel, Collier County Transportasion vehicles, personnel, and permitting, and Collier County water- sewer district vehicles and personnel; providing an effective date. (COMPANION TO 12 C 4) Resolution 99-235 - Adopted 5/0 4) O~inance amending Collier County Ordinance No. 72-1, a~{amended, which created the Collier County Lighting D~trict by removing Foxfire Unites ! & 3 from the C~ilier County Lighting District. (Companion Item to i~(C) (3) Petition VAC-99-009, Vacation of Platted Rights-of-Way in Foxfire Units One, Two and Three). Ordinance 99-36 - Adopted 5/0 BOARD OF ZOning APPEALS A. ADVERTISED PUBLIC HEARINGS 1) P~'tion CU-99-4 Collier County Community Development a~ Environmental Services Division represen[ing the B6~d of County Commissioners requesting the approval of~ Conditional Use for boat docks as a permitted principal use in the "RSF-4" residential single family z6'~'ing district for a property located on the south s~de of Street West and is further described as L~ 1 through 11, Block H, Little Hickory Shores Unit #~Replat, Collier County, . Florida Re~lution 99-236 - Adopted 5/0 2) Pe~tion Nuc-99-01 Thomas E. Conrecode of the V Group of~i~lorida, Inc , representing American Funding and Se~lce Corporation, requesting a change in use from a sch6ol to an indoor flea market for property located at 68~0 Golden Gate Parkway in Collier County, Florida. B. OTHER STAFF'S COMMUNICATIONS A. Commis"~o~er Constantine to work with County Attorney re the Lely Ho~owners Association Lawsuit Mediation. 15. B. Commissioner Berry regarding Gate at 1-75 and Everglades Blvd. F0~r emergency purposes during evacuations. BOARD OF COUNTY COMMISSIONERS' COHMLrNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered ~'~be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by ~ember of the Board, that item(s) will be removed from the Co~'ent AGenda and considered seoarate~¥, Approved an4~or Adopted with changes 5/0 A. COMMUNITY DEVELOPMENT & ENVIROnmENTAL SERVICES 1) A~pt an interlocal agreement between Collier County a~d the City of Naples to provide ~or a Floodplain M~agement (FEMA) Coordinator ~"isfact~on of ' 2) S . . Lien for Public Nuisance Resolution 3) AWard of Bid #99-2922 fei' artificial reef construction. TOiKelly Brothers, Inc. for the construction of thc Marco Island 5 mile artificial reef in the amount of $25,000.00 est to approve for recording the final plat of "Ventura, Phase One" and approval of the standard form Construction and Maintenance Agreement and approval of t~ performance guarantee. W~h Construction and Maintenance Agreement, P~'~formance Security and stipulations 51 est to approve for recording ~he final plat of "Ventura, Phase Two" and approval of the standard form C6~struction and Maintenance Agreement and approval of t~'amount of the performance securitv. With Construction and Maintenance Agreement, Performance Security and stipulations 6) A~opt resolution approving transfer of Florida Cities Water Company - Golden Gate U~ility System to the FlOrida Governmental Utility Authority as recommended b~the Collier County Water and Wastewater Authority. Re~' 99-225 7) item has been deleted. 8) 9) Budget amendment for the Shellabarger Park Infrastructure Improvement Project Reql/est to approve for recording the final plat of "L'Ermitage II at Grey Oaks" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the perfor~]ance security. With Construction and Maintenance Agreement, Performance Security and stipulations PUBLIC WORKS 1) ApProve Change Order related to the North County Regional Water Treatment Plant 8-MGD Expa~'isior], Bid 97- 2690R, Project 70859/70828. In the amount of $353,437.15 Co De 2) Recommendation that the Board terminate the Contract with J & J Baker Enterprises, Bid No. 98-2878 roi' Emergency and Scheduled Sewage Hauling. Staff to rebid 3) Acceptance of various Drainage Easements to provide for Flood Relief and Drainage Outlets for those Properties North of US-41. One drainage and maintenance easement from Rookery Bay Services, Ltd and two Temporary construction access and drainage easements from DY Associates Joint Venture 4) Adopt a Resolution approving a Memorandum of Agreement among the Counties, Municipalities and other Coastal Governments of Collier, Lee, Charlotte, Sarasota and Manatee Counties regarding Coastal Beach and Inlet Management. Res~ 99-226 PUBLIC SERVICES 1) Authorization to approve an extension cf an agreement with the Southeastern Library Network ~SOLINET) and pe~ission for Chairman to sign agree:zent. SUPPORTi~SERVICES 1) Approval of a Lease Agreement between Collier County and Florida Rock and Sand Compan~', Inc. For use of County-owned land Th~ item has been deleted. 2) Io Ma)' I I. 1999 3) This Item Has Been Deleted. 4) 5) Approval of 800 MHz Radio System Modifications and the Purchase Contract to Achieve Year 2000 Readiness. Report to the Board of County Commissioners Concerning the Sale of items Associated with the County Surplus Auction of March 27, 1999 and donation of Asset #930159, a 1992 14' starcraft boat to the K-9 Search & Rescue of South Florida, Inc. 6) Authorize Staff to Reject Proposals Received from RFP ~98-2785, Department of Revenue Integrated Software System. Staff to re-solicit at a later date E. COUNTY ADMINiSTRATOR Moved to Item 1) Approval of membership in the National Association of Counties. Fo EMERGENCY SERVICES 1) Approve the Purchase of Two 1999 Yamaha Boat Engines In the amount of $22,150.00 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the~Public Defender for Case No : 2) Miscellaneous items to file for record with action as directed OTHER CONSTITUTIONAL OFFICERS J, 1) Recommend that the Board of County Commissioners update a document for Third Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. COUNTY ATTORNEY 1) Re¢gmmendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 43 in the lawsuit entitled Collier County v. Community Development C°~.~.~,~oration of Southwest Florida-Hickory Bay West, e~ 2) al., Case No. 94-2934-CA (Bonita Beach Road Four- laning Project No. 60021). Request by the Collier County Educat!onal Facilities Authority for approval of a reso!uticn authorizing the Authority to issue revenue bonds to be ~:sed to finance educational facilities for International College. Res. 99-227 AIRPORT AUTHORITY 17. STORY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF~ 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLARNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD~ AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Moved to Item #12B3~ Petition R-99-2, D. Wayne Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing M.J. Zuide~a, Trustee for Land Trust #500967, requesting a rezone from "A" rural agricultural to "C-4" for property located on the east side of U.S. 41 North, north of the intersection of U.S. 41 and Old U.S. 41, in Section 9, Township 48 South, Range 25 East consisting of 7.9 +/- acres. Co Petition PUD-99-2, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing Kenney Schryver, as Trustee for Land Trust 98-101, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Venetian Plaza for professional offices and light commercial uses located on Vanderbilt Beach Road (C.R. 862) ~ mile west of Airport-Pulling Road (C.R. 31) in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 6.02 +/- acres. Ord. 99-30 CONTINUED FROM THE APRIL 27, 1999 MEETING. Petition PUD-98- 21, David H. Farmer, of Coastai En'~[~&~e~ng, Inc. representing The Club Estates, L.C., requesting a rezone from "PUD" to "PUD" Planned Unit Development in order to merge the Club Estates PUD (Ordinance 97-69) and The Casa Del Sol PUD (Ordinance 89-70) to create a new PUD known as The Club Estates PUD for property located on the west side of C.R. 951 approximately one mile north of Rattlesnake ~2 },la}' Ii. 1999 Hammock Road, in Section 100 Township 50 South, Range 26 East, Collier County, Florida, consisting of 254.7 ~ acres Ord. 99-31 ~- WITHDRAWN (STAFF REQUEST) An ordinance of Collier County, Florida, to revise and codify the County's policy regarding exemption from beach facilities parking fees.: findings and purpose; applicable beach facility locations; beach facility parking fee rates. Vehicle exemption from beach facility parking fees for permanent Collier County residents; proof of Collier County residency; Collier County parking citations; restricted parking areas; prohibited parking at metered parking spaces; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE T(; THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 13 .~lay 11, 1999 '3 ,'1 GENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEE I*I.'VG MOVE ITEM 17(A) TO 12(B)(3) PETITION R-90-2. RI!ZONE [:ROM "A" AGRICULTURAL TO "C-4" FOR PROPERTY LOC.,k'I*I-~D ON Till/ li,,\ST SIDE OF US 41 NO. NOR'I'H OF THE INTERSECTION OF [.'S 41 AND O1.1) [JS41. (COMMISSIONER CARTER) NOTE: ITEM 5(A)(2) Tills ITEM II'ILL ALSO I,X'('I. UDE file PRESENTATION OF TIlE PtlOENI,\' ,,I WARDS. PRO('[.ANI,,\TION PROCLAIMING THE WEEK OF MAY 16-22 AS EMERGf!NCY MI:,DI('A[, SERVICES WEEK, PROCLAA4A T£ON each year more Americans ore choosing recreoNonal boating os on ideal way to relax with their familie~ and friend~; however, what starts out os o pleasant cruise often ends in trasedk~ because booter~ foil to teach their fomHies to swim, rod to properly equ~ their croft wUh persono~ f[ototfon devices and other protecNve equipment, or foH to instruct their passengers m the use of such devic~ prior to o bootin9 cruise; and, every ),ear hundreds of fives are lost th boating accidents. ~hese fatalities can be reduced and boating made more pleasurable if those who engage in it wi//emphasize know/edge, care and the courtesy necessary for safe boating: and, WH~EA$, the Cong~ o,t?he United States havin9 recognized the need for ~,?,,~ . ~]//er Codn~, F/or/Ua, tha* the week of ~ay Z$ ~8 .~ 3.~... . . . - , 1999 be AND OR~ ~ llth DaZ of ~a~,. I999..- · A~ELA 5. ~ACK~E, ~HA~WO~AN P R O CL~A I~ A TI O N emergency medico/services/s o vital and irreplaceable public sa£ely set'v/ce; and, fht Paramedics of the Collier County, Emergency A4edica/ Services Depart'merit are ready fo provide lifesaving core to those ~ need 24 hours a day, seven days a wee~' and, WHEREAS° access to quality emergency medical care dramatically improves the survival and recovery rate of those who experience sudden illness or inJury; and, WHEREAS, emergency medical services prow'tiers have traditionally served as ~'he safely net o£ America's health care s/stem,' cad, NOW DONE AND ORDERED the Paramedics of tho Collieb'COunW EmergencY 14edica/ Serw'ces tn:~o~n~s of hours of spec~h~ed trainin~ and value and ~h~ ~CcOmPlishments of " ~edical 5trvic~ D~tment by a ~cd of Co~n.~ Commisstanec~ of week of ~.I$ ~ 22, 1999 be ' ~EDXC~ ~C~ WEEK CLERK BOARD OF COUNTY COt4A~ZSSIONERS COLL£ER COUNTY, FL ORi'DA PROCLAA4A T_rON WHEREAS, the problems of crime touch oll segments of our society and can undermine and erode the moral and economic strengths of our communities; and, WHEREAS, we are fortunate that/aw enforcement officers from aH area agencies dedicate themselves to preserw'n9 /aw and order and the public's safety; and, we recognize that the men and women in/aw enforcement risk their/ives on a daily basis to protect our citizens and maintain social order: and, WHEREAS, we encoura2e ali citizens to pause to recognize our/aw enforcemen~officevs, so that we may not take their work NOW ~E~ ~:be it p~oclaimed by the Board of County ~ ~s,~aedof colfiee Couaty, Flon~a, that t~e ~eeR of DONG AND P~OCI. A~A T.FON .. .. the communitie~ of Palm ~iver and 141i//oughby Acres are strong, diverse communities 9iv/n9 retirees os we//os youn9 families o safe, enjoyable p/ace to coil 'home": and, G/wood Witt, Sr. Was/nstrumentalin the development of Wi//oughby Acres and remains the last living member of the individuals responsible for the development of Palm River; and, E/wood W/tt, Sr. was well known for his advocacy and generosity and ha$ given unselfishly of himself here th Collier County,' and, Elwood Witt, Sr. spearheaded a group of hard workin9 citizens which rea~lted in the construction of a safe and much needed access for the ce~idents of these communities. NOW TH£REFOR~, be it proclaimed by the Board of County Commissioners of Co/i/er Count/', F/or/da, which W/sh~ to lhank ail of the citizens of Palm Ri~r and.~il/o~hb? Acr~ who worked so hard to show the need and wish to. especiallZ recognize EL WO00 W£TY', figuratively and literally build~h9 communit7 bridges to roads and communities safer. bONE AND A I-IE$ 7:: BOARD'OF COL/ND/COtAA4_rss_rONER$ PR O CL A t4 A TION 't we welcome the Rota~y.rnternational Group Study Exchange Team from Roto~ International District 2050 in ~ilan, rtaly to Colh~r Coun~, Florida' and, the Rotaty Founda nbn o f Ro tam/Zn terna tional Group Study ~xchange Program has sent to us a team of six professionals who are visitin9 Collier County to study our institutions and way of fife; and, the team members will a/so observe the practice of their own professions and exchange ideas; and, 14/HEREA$, the team/$ able to pecsona//y~experience family h'festyles as they ore hosted b~ROtar~,, ~'lob$ of Col/im' County and given "' ,~, ' '~S.":"'"' ' ' ,',-."'. RO~NA~ONAL ~ROUP ~D~ ~CHANGE WEEK "~'~t:,~ ;,BOARD OF COUN~ COUNTY, FLORIDA PROJECT: GATEWAY POND 2A FOLIO: 61834040004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM E. FORSYTH AND AUDREY FORSYTH, his wife, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more padicularly described as: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and m consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set fodh, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. Y F P I 2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall be ONE HUNDRED SIXTY THREE THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($163,250.00) DOLLARS, (U.S. Currency) payable at time of closing. ,/,r'.,F 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of ~ .-.-- the transaction shall be held on or before sixt~.~.days following execution of this ~ Agreement by the Purchaser-bt~-r~Hate ' ' , , unless extended by mutual wdtten agreement of the parties-hereto.-The-Gtosing-sh.att be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Flodd3. The ~,,,'-~,~. ,o ~,, ~ ~,,. ..... '~ ~)' +~ P°'+~°~ ~ ....... '~ ..... ;+~ ~'o ~l,,~ing shah be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: Page 2 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the purchase price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, al its sole cost and expense, shat! pay at Closing all documentary stamp taxes due relating to /he recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the titte commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. EEQ.U S 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be. shall perform the following within the times stated, which shall be conditions precedent lo the Closing; 4.011 Within fifteen (15) days after the date hereof,-Seller-shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's TiIIo Insurance Policy (ALTA Form B-1970) covering the Property. issued by a national title insurance company, together with hard copies of all exceptions shown thereon, Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objr:cti(m to title other than liens evidencing monetary obligations, if any, which obligniions shall be paid at closing. Permitted exceptions shall include, but are not limited to, the. following: (1) applicable zoning regulations and ordinances of tho county having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 1.999, which are not yel due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in writing of any such obiections in Seller's title in the manner herein required by this Agreemenl. tho title shall bo deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title .qood and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination wilhin the time period provided herein shall be deemed an election by Purchaser to purchase the Properi~' in accordance with this Agreement. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Properly, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL P_.F,-.~LO_D_ 5.01 Purchaser shall have ninetv.~..98','r days from the date of th~s Agreement (Appraisal Period), to obtain one (1) independent appraisal in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, wdh the results of the independent appraisals, Purchaser shall deliver to the Seller prior to the expiration of the Appraisal Period, written notice of its intention to waive the apphcabte contingencies or to terminate th~s Agreement. If Purchaser fails to notify tho Seller in writing of its specific objections as provided herein within the Appraisal Period. it shall be deemed that the Purchaser ~.~ satisfied with lhe results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate thi~ Agreement co!',¢m of the ;~ppraise! repeals shall be furnished lo the Seller. VI. INSPECTION PERIO~ 6.01 Purchaser shall have one hundred and twenty ~ days from the dato of this Agreement, ("Inspection Period"). to determine through appropriate investigation that: Page 4 1. The Property is in compliance with all applicable State and Federal environmonlal laws and the Property is free from any pollution or contamination, 6.02 If Purchaser is not satisfied, for any reason whatsoever, with [ho results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Pedod, written notice of its intention to waive the applicable contingencies or to terminate this Agreement, If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that tho Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation, Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property, VII. I~.S..P__6 CT10 N 7.01 Seller acknowledges that the Purchaser, or its authorized agents, sha!l have the right to inspect the Property at any time prior to the Closing. 8.01 Purchaser shall be entitled to full possession of the Property at IX. PRORATIONS 9.01 Ad valorem t~xes next due and payable, after closing on the Properly, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMF..J::)_LF..S 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10,02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser. Page 5 whereupon one percent ~%) of the purchase price shall be paid to Seller as hquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 1301 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncerlain in amount and difficult ~o ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the padies, and said sum was not intended to be a penalty in nalure. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge lhat the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficienl remedies Io each of the parties, and take into account the peculiar risks and expenses o¢ each of the parties. Xl. ~qELLER'S AND PURCHA-~E.R~zI_R~~TAT£ONS_A_ND_~,~LA_R_R.AHTIE$ 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter iht() and to execute this Agreement and to undertake all actions and to perform alt lasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby, All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on tho date of this Agreement and as of the date of Closing. Purchaser's acceplance of a deed lo the said Property shall not be deemed 1o be full performance and discharge of every agreement and obligation on the part of the Seller to be pedormed pursuant Io the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other prop(;rty Il'tat could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, 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. Page 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property'; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents tho Property has not been used for the production. handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground waler contamination from neighboring propedies. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitan/landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Properly are in violation of any applicable ~ederal. State or local statute, law or regulation, or of any notice from any governmental body has been served upon Sel;er claiming any violation of any law, ordinance,-code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has riel complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals Iherefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects lhe Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on lhe effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Page 7 11.023 To the best of tho Sellers knowledge, Ihey represent that the Property and alt uses of the Properly have been and presently are in compliance with all Federal. State and Local environmenlal laws; that no hazardous substances have been gE:er;rated, stored, treated or transferred on the Property except as specifically disclosed lo Ihn (;o[Jnty; Ihat the Sellers have no knowledge of any spill or environmental law vit31ation on ;Jr)y property contiguous to or ~n the vicinity of tho Property Io bo sold Io Ihe Count/, that lbo Sellers ))ave not received notice and otherwise h~w~. no knowledge of a) any spill on the Prop.dy, b) any existing or threatened environmental hen Against the Property or c) any law.~uit, proceeding or Investigation regarding the generatinn, storage, treatmenl, spill er transfer ~f h.3,"ardnus substances on the Property. 11 024 Any toss end/or damage lo tho Property between the date r)f this Agreement and the date of Closing shall be Seller's sole risk and expense. 12.01 Any notice, request, demand, instruction or other commumcahon tn be given either party hereunder shall be ~n writing, seal by registered, or c. edifiod mail, reborn receipt requested, postage prepaid, addressed as fol,ows. If to Purchaser: Real Proper'tv Management Department Administration F]uilding 3301 fam,am~ Tra4 East Naples, Flor,da 34112 W~th a copy to: Heidi FAshton, Assislanl County Allorm:y Office of the County Attorney Admintstratton Building 3301 Tam,ami ]rail East Naples, Flonda 34112 If to Seller: William E. Forsylh and Audrey r orsylh 2527 Lee Street Naples, FL 34112 12,02 The addressees and addresses for lho purpose ut' this Art~clt., may bu changed by either party by giving written nobce of such change Io the other party m Ihe manner provided herein. For tho purpose of changing suct~ addresses or addressees only, unless and until such written notice is received, the lasl addressee and r~;spoclive address stated herein shall be deemed to contmue ir' effect for all purposo.~, Xlll. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim o~ liability for commission or fees to any broker or any other person or party cla~ming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with Ihis Agreement Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement. ~f any. x~v. 14.01 This Agreement may be executed ~n any manner et coumerpads which tOgether shall conslitute the agreement of tho parhes. Page 8 14.02 This Agreement and the terms and provisions hereo:' 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 assignees whenever tho context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the padies hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as lhe context or the use thereof may require, 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be exlended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County. Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with lhe Federal Securilies 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.) 14.10 This Agreement is governed and construed in accordance with tho laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included ~3 ~S Agreement or any such referen~.~d agreem,e¢~s has been c,r ~s be~j reaa~ upo~ by either party. No modtf'k-.,at~on o~ amendment of th,s Agreement 5hall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. Page 9 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Pr_oject)Acquisition Approved by BCC: "-/',/~///., 17~ ~ AS TO PURCHASER: DATED: ATTEST: ~ ,~J)WIGHT E. BROCK, Clerk DATED: WITNF__.~SES: / / El'RST. WITNESS (Signat~rre) /Prin, t~me)' ' SECOND WITNESS (Signature) (Pdnt Name)' ? .,:. ; .. ' 1 (Print Name) ' BOARD OF COUNTY COMMISS, JONERS COLLI?.~ COUNTY. FLORIDA /, * ,,P~amela S. Mac'Kie. ChairwOman William E. Forsyth Audrey Forsylh Approved as to form and legal sufficiency: Hetdi-F:^ hton Assistant County Attorney EXHIBIT "A" 2.5 ACRES OF THE WEST 537.32 FEET OF LOT 32, OF NAPLES GROVE & TRUCK COMPANY'S LITTLE FARMS NO. 2, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 1. PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (U 'l RESOI.UTION NO. 99- ~8 RESOLUTION OF Tt[E BOARD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY. FLORIDA. AUTIIORIZING THE ACQLIISITION BY GIFT. PURCHASE OP. CONDEMNATION OF ROAD RIGI IT-OF-\VAY. SIDEWALK, SLOPE. UTII.ITY. DRAINAGE. MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AND'OR FF.[! SIMPLE TITLE INTERESTS WI II('11 ACQUISITIONS ARE REQUIRED FOR TItF. SIX-LAN[NG INIPRO'x'EMENTS FOR ['INE RIDGE ROAD {896} BETWEEN AIRPORT-P[!LLING ROAD {C.R. 31) AND I.¢)GAN BOULEVARD CIE NO. 41. WItEREAS. the Board of Counts, Commissioners {Board}. on October 28, 1997. adopted Ordinance No. 97-55 lherein eslablishing the 1997 {Seventh Annual) ('apital Impr~vcmcnl Element of the (Jrox~lh Management Plan in order to establish priorities for the design, acquisition :md eonstn:clion of thc various capilal improvement projects, The Transportation Element ~l'lhe ('ounty's Comprehensive Plan was adopted in Ordinance No. 97-62: and WHEREAS. the six-laning roadway imprm'ements to Pine Ridge Road (('.R. ~;96) between Airport-Pulling Road (C.R. 31 ) and Logan Boulevard are component parts of the Tran:~portation Element of thc Count~,"s Comprehensive Plan' anti WHEREAS. alternate locations, environmental f;lclors, long range planning, cost variables. concurrence, safety and welfare considerations ha~ c heen reviewed as they relate lo thc implcmentalion of said lransportation improvements: and it has been recommended by County Slaff that it is neccssar3.' and in lhe best interest of Collier County. Florida. to maintain flexibility over the acquisition of property rights required for the construction of the six-laning roadway improvements for Pine Ridge Road between Airport-Pulling Road and I.og:m ]:loulcvard. hereinafter referred to as "Project" ;is Jdenti fled on Exhibit "A" attached hereto and incorporated herein by reference; and WttEREAS. the design and construction of sa,d transporlalion improvements ;,nd related facilities have been determined by the Board to bc necessary and in the best interest of ('oilier County; and WfIEREAS. the co,tstruction of thc tran~p,,rlation improvements and related facilities contemplated by the Project are necessaD' in order to protect the health, safety and wcl I';tre of the citizens of Collier County, and will assist ('oilier t 'ounty in meeting certain concurrency requirements of the Growth Management Plan for Collier Count?. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUNTY, FLORIDA. that: I. Thc Board has considered thc cnvironmcnlal faclors, safety factors anti fiscal c~msidcrations relating to the final adopted location of thc transportation improvements and related fi~cililic.,,. 2. The road right-of-v,'ay, sidewalk, slope, utility, drainage, maintenance :md temporary driveway restoration interests by easement and/or lhe fee simple title interests acquisitions idcnti fled on Exhibit 'A" are the most feasible Iocalions, both necessary and consistent with Ibc project rcqt, rcments, in order to penmJt the construction and maintenance of Ihe transportation improvements anti rcl:,tcd facilities for the Pine Ridge Road six-laning improx cments between Airport-Pulling Road and I.ogan BoulevaM. CIE No. 41. 3. The Board has determined that the constn,cfion and maintenance.of thc six-laning transpor- tation improvements and related facilities are neccsga~, for a public purpose and is in the best interest of Collier County. ~,. Thc construction and maintenance of thc ~ransportafion improvements and related facilities arc compatible with thc long range planning goals anti objectives of thc Growth Management Hah for Collier County. 5. It is necessary, and in the best interest of Collicr County for the Board lo acquire thc road right-of-way, sidewalk, slope, utility, drainage, m~nlcnancc and temporary driveway restoration interests by casement and/or thc fcc simple title interests identified in Exhibit "A": and ('ounly Staffis hereby authorized and directed to acquire by gift or purchase thc perpetual, non-cxclusivc, road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary, driveway restoration interests by easement and/or fee simple title interests on thc properties identified in Exhibit "A". 6. Thc Chairman oflhe Board is hereby authorized to cxecule Appraisal Agrccmcnls with Ihe appraisal firm(si selected front the list of firms pre-qualified by thc Board o£('ounty (.'onmtJssioncrs. The Board further directs staffto use appraisal reports or internal compensation estimates as staff detern~ines is neccssar2... to best serve the needs of thc Project in a timely and cost-effective manner. 7. Thc Board. in accordance with the provisions of Chaptcr 125.355. Florida Slatutes, hereby formally waives the requirement for a Formal. independent appraisal report For thc purchase ora properly where lite purchase price of thc parcel (thc compensation duc to thc property owner) is less than One Hundred Thousand and 00/100 Dollars (5 IO0,O00.O0). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, thc dollar amounts of which shall be predicalcd on "staffcompcnsation cst/males" based upon independent ~tppraisals [ 8B$ the data therefrom) obtained on similar properties and upon consideration anti application of appropriate market value and cost d.qta peninenl Io Iht subject parcels. 8. Upon the approval by thc County Attorney's Officc of ali documents ncccssaD Iht thc subjccl property acquisition. Real Property Management Department staff is hereby directed h~ immediate dclivcD' to the respective properly owners of thc full compensation las established by lire appraisal or staff compensation estimates in accordance with the provisions of C..'hapter 125.355. Florida Statutes). in return for thc intmcdiate anti proper cxcculion of thc respective c~scmcnts, and such other legal documents and/or affidavits as Iht ('ounty Attorney's Office deems appropriate in order lo prolect thc interests of the County: and thc Board hereby authorizes its present (_'haJm'oman and an.',' subsequent Chainnan/Chaim'oman. for thc life of the Project. to execute any instruments which have been approved hy thc Office of the (,(,truly Attorney which may include, agreements. documents Io remove thc lien of any encumbrance, and for any such other purpose its may bc required for tire acquired road right-of-way, sidewalk, slope, utility, drainage, maintenance and IcmporaD, driveway restoration interests by easement and/or fi.'e simple title interests. 9. In those instances where negotiated scltlcmcnts ma5. bc oblained via thc "Purch~,sc Agreement" or "Easement Agreement" mechanism, tile Director of the Public Works Engineering I)cparlmcnt. or his designee, is charged wilh the responsibility for completion of various capital improvement projects. and is hereby delegated the authority to approve thc purchase of land interests above thc staff compensation estimate or appraised value and pa5' normally related costs when it is in the best interest of thc Project. within the pro-rata share of thc land rights acquisition budget for the parcel being acquired, only when the difference between thc purchase price and compensation estimate or t,ppraiscd value is less than Fifteen lhousand and On..'l (}O Dollars (SI 5.000.00) or thc current purchasing limils established by the Collier £'oumy Purchasing Department; provided. Project funding ~s ;,vailablc. I0. That tire scltlemcnl approval authority is dclcgalcd by thc Board lo thc extent Ihal such approvals do not conflict with thc provisions of Section 125.355. Florida Stalutcs. 1 i. Thc Chainvoman of thc Board is hereby authorized to execute I'{ascmcnt Agreements and Purchase Agreements v, here Ibc/and owner has agreed to sell thc required Izmd rights m the ('ounly al its appraised value or at that amount considered thc "Administrative Settlement AmomW' as such term is internally used by the administrative agencies or Collier County. 12. Where thc propcr~y owner agrccs, by agrccmcmt "Purchase Agreemenff or "Easement Agreement", to convey a necessao' intcrest in real properly to the County, and upon thc proper c×ccution by the properly owner oflhosc casements or fee simple title, and such other legal documents as thc Office oflhc Counly Altomcy may require, tl~c Board hereby authofi~cs lhe Finance Dcpa~mcnl to issue wa~ants, payable to thc prope~y ownc~s) of record, in Ihose amounls as shall be specified on a closing stalcmcnt and which shall be based u~n thc app~isal or ~affcompensation csfimalc in accordance wi~h this Rcsolulion and thc provisions of S~lion 125.355, Florida 13. All title to propc~ies or interests in propcnies which have been oNaincd in Ibc nmnncr described ubovc shall be decreed "accepted" by Ibc Board of County Commissioners. as Ibc governing body of Collier Counly. F]orida. a political subdivision of the Slatc of Florida. ami as such. stuff hereby uulhorizcd ~o record in lhc Public Rccords of Collier Counly, Florida, said cascmcnls or fcc simple tillc and such ofl~cr insl~mcnls as may ~, rcqui~ Io remove the ]icn oFany cncumbrance from linc acquired propc~}cs. AND IT IS FURTHER RESOLVED thal ull propc~y shall bc put to public pu~oscs. AND IT IS FURTHER RESOLVED Ihat Ihe Counly slaffis hcrcby authorized to immediately acqtfire by gift. purchase or condemnation in accordance with the provisions of Chaplets 73.7~ and 127, Florida Stalutes, lhe above-rcf~enced real prope~y intu~ests more pa~icularly described in Exhibit "A". altached hereto and inco~omted herein. AND IT IS FURTHER RESOLVED thai no mobile homes arc located on thc propc~y sought to be acquired This Resolution adopled on flus l/~ay ,,f ~ I')')'), after mom,,,. and majority vote. ATTEST: DWIGHT E. BROCK. CLERK Attest as to Chaf~'$ s~ature ~ 1.1r, , . Approved as to ~rm and legal sufficiency Hgidi F. Ashton Assistant County Atlomey BOARD OF COUNTY COMMISSIONERS OF I areola S. Mac'Kie, ('hainvomaff" -/ / 5301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54~12 (941) 774-8192 SKETCH OF LEGAL DESCRIPTION PROJECT NO., PROd[CT PARCEl. NO ......... TAX PARCEL NO. (NO_T. ~,. SURVE_.~. temporaty drJve~/~ly r~'~toratjoh ea.~t, ment LEGAl. D£SCRIFTION A parcel of land lying in Section 12. Township 49 South, Range 25E. ('oilier County. Florida. and being more particularly described as follows; 'I'he Fast 75 0 feet ortho West 317 0 feet ofthe Norlh 20 feet ortho Soulh 05 feet c,fthc Easl ltalfofthe Southwest Quarter of Ibc Southwest Quarter, Section 12, Township 49 South, Range 25 East, Collier Count)., Florida Containing ! 500 square feet more or less Parcel No 701 EXHIBIT DAli; PI,~OFESS~ONAL LAND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX · :3301 E TAMIAMI TRAIL NAP ORIDA 34112 ~ ILE NO.: SHEET .'OF' 3301 OFFICE OF CAPITAL PROJECTS EASI" I'AMIAMI TRAIL NAPLES, FLORID/\ 54112 (941) 774-8192 '8B5 'a PROJECT NO. PROJEC1' PARCEL NO ........... fAX PARCEL NO, 00256S()U006 SKETCH OF LEGAL DESCRIPTION (NO] A SURVEY) fee simple ~ it lc LEGAl, DESCRIFFIQN A portion of land located in the Northwest Quarter of Section 13, Tov~mship 49 South. Range 25 East, Collier County, Florida, and being more particularly described as follows BEGIN at the Northeast Comer of the plat thereof, Carillon, as recorded in Plat Book 21, Pages 59 through 61. of the Public Records of Collier County, Florida, said POINT OF BEGINNING also being on the South right ofway line of Pine Ridge Road (C.R 896), thence along said South right ofway line S89° 52' 59" E 80.16 feet to the East line of the Northwes-t Quarter of the Northwest Quarter of said Section 13; thence along said East line SOO° 58' 52" E 35.01 feet to a point lying 110 feet South. as measured perpendicular to, the North line of said Section 13; thence along said line lying I I0 feet South, N89° 52' 59"W 80.14 feet to the East line ofaforesaid plat of Carillon; thence along said East line ofCariIlon N OI° 00' 37" W 35 Ol feet to the POINT OF BEGINNING. Containing 2805 square feet _+ Subject to Easements, Restrictions and Reservations of Records Prepared By ,.George R Richmond, PLS 2406 Collier County O.C P.M 3301 Tamiami Trail East Naples, Florida 34112 Parcel No 102 bob\pag~gld 045 DRAWN BY: BY:_.. _. DAI {: .... GE. Ok, ,, -iT. -R~'DbiOND' PROFL~,%IONAL [.AND SURVEYOR #2406 OFFICL OF CAPITAL PROJECTS COLLff;F~ COUNTY GOVERNMEN] COMPLEX 5,301 E TAMIAMI TRAIL NAPLES~ FLORIDA ,34112 ]r~ no,: iSHEET OF OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION PINE RIDGE ROAD ~ S.89'b2'59"E. ~1 Mi J~, X-KENSINGTON ir'ARK ,,-) A0.14' I '~ PAGES 62-67 ~J ~EAST LINE OF ' ~ NORTN~ST QUARTER ~J ~ OF THE NORTHWFSF QUARIER j EXHIBIT J GENERAL NF1TES 1) P.B.C. indicates Point 0¢ Conme¢cement 2) P.B.B. indicates Point o¢ Begim¢.,mg Sec indicates Section, 4) Twp. Indicote$ Township ,5) Rge. indicates Range 6) R/',/ indicates Right-oF-way 7) Att distances ore in ~eet amd decimots thereat' 8) Beor'ings ate based on the Nct th Lime o¢ Section 13 os being S89'52'59'E. 9) Not vatid umtess signed o. nd soared with the emloossed seat o¢' the p,'oressiomot lanr., surveyor THIS IS ONLY A SKETCH NaT Tg I 02-07-9/ SCALE I SHEET 2 OF ,~ 102 3301 885 OFFICE OF CA/:'ITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 i2 (941) 7/4-8192 PROJECT NO. t~t~/[[ F'ROJECI' PARCEL NO ...... '"~(~_. FAX PARCEL NO.OO2$6$GOt)l~t] SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway r~,~t.ration easement CC~Ilv~ENCING AT THE NORTHEAST CORNER OF ~ PLAT THEREOF ° CARILLON'.AS RECORDED IN PLAT BOOK 21. PAGES 59-61. OF ~ IRIBLIC RECOI~)S OF COLLIER COUNtY.FLORIDA; THENCE SOUTH I DEGREE OO MINUTES 37 SECON~)S EAST ALONG THE EAST LINE OF SAID PLAT A DISTANCE OF .~J OI FEET TO FHE POINT OF BEGL~41NG: THENCE SOUTH 89 DEGREES 52 MINUTES ~9 SECONDS EAST. A DISTANCE OF ~) 14 FE~-F; TFFENCE SOLFFFI 0 DEGREES Sm MINbTES .~2 SECONDS EAST. A DISTANCE OF 15.00 FISET; THENCE NORTH ~9 DEGREES blIN'UTES 59 SECONDS VEST. A DISTANCE OF ~, 13 FEET TO TH~ EAST LINE OF AFORESAID PLAT; THENCE NORTH I DEGREE I~ MINUTES 37 SECONDS WEST. A DISTANCE OF 15 O0 FEET TO TH~ POINt' OF BEGI.~g[NG; SAID DESCRIBED TRAC.'T CONTAINING 0 025 ACRE ( 1.202 SQUAR~ FEETL XtORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID PLAT OF 'CARILLO,~' BEING SOUTH ~sl DF. GRI~S ~ MINUIT.$17 SI~CONDS EAST TRACT 7r~2 EXHIBIT PRort~s~O~. L~D SUSVerOR //~0~ OFFICE OF CAPITAL PROJECTS COLU[F: COUNI'Y GOVERNMENT COMPLEX ~,301 f TAMIAMI TRAIL NAPLESi FLORIDA ,34112 I'' ~°': ISHEET OF OFFZCE OF CAPITAL PROJECTS 5.301 EAST TAMtAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 SKETCH OF DESCRIPTION GENERAL NOTES l) P.D.C. i~d,cates Point oF Com~,-ce~er, t 2) PD.B. ~dicotes Point oF 3) Sec. indicates Section ' ' EXHIBI 4) Twp, Indicates Townsh,p 5) Rge. imdicotes Range 6) R/~ i~dic~tes Right-aC-way V~ 7) All distances o~e i~ Ceet o~r, Opcimols thereo~ 8) Bea~ings ate based cn the N,~fth Li~e oF Section ]3 as being 9) No~ valid umtess signed and '.~,aJed ~ith ~he embossed seal oF the p~oFessional Jon-i ,~u~veyor THIS IS ONLY A SKETCH SCALE 02-12-9 z 702 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 8B5 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ............... ~ ~ /~.L .... PRO-'EGTPARCE, NO ....... TAX PARCEL NOO.~,!.~.3..5.;.~.¢,).t,I.~D.3 ........ fee simp!e, title COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARll:.R OF SELTION 12. TO%~, .'NSHIP 49 SoIYrH. RANGE 25 EAST. ('OLLIER COUNTY. FLORIDA. TIIENCE NORTlt DEGREES 32 MINUTES 47 SECONDS WEST ALONG TtlE SOUTIt LINE OF SAID SECTION 12 AND THE CENTERLINE OF PINE RIDGE ROAD ICR.$196h A DISTANCE OF 1¢(~').32 FEET. TIIENCE NORTH {fi) DEGREES 19 MINUTES {)7 SECONDS EAST. A DISTANCE OF ?5.{)¢) FEET TO TIlE POINT OF BEGINNING; TI-fENCE NORTH 1~9 DEGREES 32 MhNUTES 47 SECONDS WEST ALONG THE NORTH RIGIH' OF WAY IANE OF PINE RIDGE ROAD, A DISTANCE OF 519.66 FEET. THENCE NORTH 0 DEGREES 26 MINUTES 54 SECONDS EAST. A DISTANCE OF lO.eX) FEET; TIIENCE SOUTH g9 DEGREES 32 MINUTES .17 SECONDS EAST. A DISTANCE OF 519 64 FEET. T'HENCE SOUTH {} DEGREES 19 MINUTES 0'7 SECONDS WEST. A DISTANCE OF I000 FEET TO THE POINT OF BEGINNING: SAID DESCRIBED TRACT CONTAINING 0 119 ACRE f5.196 SOUARE FEET). MORE OR LESS BASIS OF BEARINGS IS 'DiE SOUTH LINE OF SAID SECTION 12 BEING 89"32'47" W. EXHIBIT ~: ) . .-,</ PREPARED BY ........... ~/~..~,.-: ................... ~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENG NEERING DEPARTMENT ~', COLLIER COUNTY GOVERNMENT COMPLEX ' 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 I0~ A PUBLIC WORKS ENGINEERING DEPARTMENT ;, 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PARCEL 103A -- s 89'3Z47'E f 1 POS N 89'3Z47'W t 519 ~' N PINE RIDGE ROAD (C.R. 896) GENERAL NOTES 1) P.O C. = POINT OF COMMENCEMENT 2) P.O B. = POINT OF BEGINNING 3} SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE S) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR JANUARY 15, lgggJ PR103 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ............... ~7.~. 1./../. ...... PROJECT PARCEL NO ...... [~.~.....~. ..... TAX PARCEL NO..!!.!!.'.2..5..~..3.~...0..(.).,.0.~. ...... fee simple title COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA: THENCE NORTH DEGREES 32 MINU'TES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12 AND THE CENTERL[NE OF PINE RIDGE ROAD (C R 896), A DISTANCE OF 34655 FEET: THENCE NORTH 0 DEGREES I I MINUTES 20 SECONDS EAST, A DISTANCE OF 75 0~) FEET TO THE POINT OF BEGLN,'NING; THENCE NORTH ~9 DEGREES 32 MhNUTES 47 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C R. 896). A DISTANCE OF 519.(~ FEET: THENCE NOR'IH 0 DEGREES 19 MINUTES ¢)7 SECONDS EAST. A DISTANCE OF I000 FEET: THENCE SOUTH 89 DEGREES 32 MINUTES 47 SECONDS EAST. A DISTANCE OF 519.63 FEET, THENCE SOUTH 0 DEGREES I I MINU'rES 20 SECONDS WEST. A DISTANCE OF 10 00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0 119 ACRE OR (5.196 SQUARE FEET). MORE OR LESS BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 12 BEING N 89"32'47" W EXHIBIT _~ / PREP RED. °ATE' ...... ~ ...-.~.........~. .......................................~ ~ORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA'3~il'I'~ (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 89'33~JO'W 516 8~ S 89'3~47~E PARCEL 103B 5196~ N 8g*32'4?'W 51966' PINE RIDGE ROAD ~oc s~ cc~ sw~ · GENERAL NOTES 1) PO C. '" POINT OF COMMENCEMENT 2) P 0 B ~ POINT OF BEGINNING 3) SEC = SECTION 4) TVVP. = TOWNSHIP 5) RGE · RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR JANUARY 15, 1999 PR103A SHEET 2 OF 2 3501 OFFICE OF CAP[TAL PROJE, CTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 34112 PROJEC] NO._ ~ 011 I PROJECT PARCEL NO. 70 ~ A TAX PARCEL NO.0_02553600{)3 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) temporary driv~,w;ly restoration easement LEGAl, DESCRIPTION A parcel of land lying in Section 12. Township 4'9 South. Range 25E. Collier County'. Florida. and being more particularly described as follows, The West Sixty, Feet of the North 30 feet office South 115 feet of the South ilalf of the West Half of the East Half of the Southwest Ouarter of Section 12, Township 49 South. Range 25 East. Collier County, Florida Containing 1800 square feet more or less Parcel 703A DRAWN BY; PROFE%SIONAL LAND SURVEYOR //2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 I~'~ "~': SHEET "-O.F PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMi TRAIL NAPLES, FLORIDA 3~112~ (941 ) 774-8192 8B5 ' , LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO... 60111 PARCEL NO ...... 703B ._ 00255320001 FOLIO r~u ............................. temporary driveway restoration easement THE NORTH TEN (103 FEET OF THE SOUTH 85 FEET OF THE WEST 90 FEET OF THE EAST 866.21 FEET, OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING gOO SQUARE FEET OR 0021 ACRES MORE OR LESS. ~:~K~EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECTNO ................... ~..O..//.[.... PROJECT PARCEL No ........... ./.0..~ .... TAX PARCEL NO..',~!.!2..~).5. J.Z,().qO. 7..,:... fee simpl,, title I,EGAI, I)ES(:RIPTION A portion of land lying in Section 12, Township 49 South, Range 25 East, Collier County, Florida, described as follows. The North 10 feet of thc South 85 feet of tl~c East One t lalfofthc East One l lalf ot'thc East One Half of the Southeast One Quarter of the Southwest one Quarter; together with, Thc West 120 feet ortho North 10 feet oflhe South 85 feet ofthe West One Hail'of the West One Half of the Southwest One Quarter of the Southeast One Quarter, all in Section 12, Township 49 South, Range 25 East. Containing 4667 square feet Parcel No. 104 b(~,'pag,~gld 071 EXHIBIT ~ ' GEORGE R. RICHMOND PROFESSIONAL ~ND SUR~YOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST T~I~I TRAIL NAPLES. FLORIDA 34112 SHEET 1 OF 1 3301 OFFICE OF CAP{TAt PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 8B5 PROJECT NO. PROJ[CT PARCEL NO._ TAX PARCEL NO 0()2")5l 2r}~H)7 SKETCH OF LEGAL DESCRIPTION .(NOT A SURVEh') I,EGAi, DESCRIPTION A parcel of land lying in Section 12, Township 40 South, Range 25E, Collier County, Florida, and being more particularly described as follows; The East 50 feet ortho North 35 feet ofthe South 120 feet ofthe East Halfofthe East 14all of the Southeast Quarter of the Southwest Quarter of Section 12, Township 49 South, Range 25 East, Collier County, Florida Containing 1750 square feet more or less together with The West 50 feet of the North 35 feet ofthe South 120 feet ofthe West Halt'of the West Half of the Southwest Quarter of the Southeast Quarter. Containing 1750 square feet more or less. Parcel 704 EXHIBIT ICH( KED El': [ SCULl: DAI£: PROF[SSIONAL LAND SURVEYOR #2406 OFFIC[ OF CAPITAL PROJECTS COLUER COUNT~ GOVERNMENT COMPLEX ;3,501 E T~,MIAMI TRAIL NAPLES~ FLORIDA .34112 I SHEET OF ! PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............. 60111 ', foe simpl~, t it lo PARCEL NO ........... 105 FOLIO NO .!!Q~.5 ~!4 !)Ill ti.)~.. S 89°52'20" E 285 74' PARCEL 105 S 8g'52'20" E 753.53' N 89'52'20" W 1039.25' P O.B PINE RIDGE ROAD ~ C,R.886 SOUTH LINE SEC.12,TWP. 49S, RGE 25E P.O,C. S E CDR. El,2. SW 1 ~4,SE ~ '4 LEGAL DESCRIPTION PARCEL 105 COMMENCE AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE OF THE SOUTH EAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE N 00'26'05" W 75.00 FEET TO THE POINT OF BEGINNING: THENCE N 89'52'20" W ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (CR. 886) 1039.25 FEET: THENCE N00'17'01" W 50.00 FEET; THENCE S 89'52'20" E 285.74 FEET: THENCE S 00'07'40" W 15.00 FEET; THENCE S 89'52'20" E 753.53 FEET; THENCE S 00'26'05" E 35.00 FEET TO THE POINT OF BEGINNING. COrlTAINING 40,656 SQUARE FEET OR 0.933 ACRES MORE OR LESS BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD BEING N 89°52'20~ W. GENERAL NOTES 1} P.O.C. = POINT OF COMMENCEMENT 2) P.OoB. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP.= TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIt~Z:~LS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE F. MBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR GEORGE R RICHMOND PROFESSIONAL ~ND SURVEYOR-FL REG. PUBLIC WORKS ENGINEERING DEPT. COLLIER COUN~ GOVERNMEHT COMPL~ 3~1 EAST TAMIAMI TRAIL NAPI r s. Fl ORI[3A 34t 12 NOT TO SCALE NOVEMBER 30, 1998 PR105 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) P.OJ~C~'NO .................. ~.O..lZl.. .... PROJECT PARCEL NO ......... /O..~. ...... TAX PARCEL NO(.!.0.~.,5,.~3.2.Q,0.0.0 ........ fog simplo t if Io THE NORTH TEN (I0') FEET OF THE SOl. ri'Ii s.$ FEET OF THE WEST 100 FEET OF TtlE SOUTHEAST QUARTER OF THE SOUTIIEAST QUARTER OF SECTION 12, TOWNSIIIP 49 SOUTH. RANGE 2~ EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET MORE OR LESS. PARCEL 106 file prrT06 ....... PROFESSIONAL LAND SURVEYOR-FL REG, # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT- 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PRO~EO' NO ................... &.~../.((... .ROJECT P^RCE,.O ........... 7..0..~. .... TAX PARCEL Nd.! ?.~:~.?..3...2..(?..0...0...0- ........ temporary driveway re.~toraL ion ea.seme n t I liE NORTH TEN (10') FEET OF THE SOUTH 95 FEET OF THE WEST IiX) FEET OF TIlE SOUTHEAST QUARTER OF Tilt-. SOU'FHEAST QUARTER OF SECTION 12. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. CONTAINING IO(X) SQUARE FEET MORE OR LESS PARCEl. F'~tl B I T / ' GEORGE R. RIC~ND PROFES$1ON~ ~D SU~YOR-FL. REG. ~ 24~ PUBLIC WORKS ENGINEERING DEPARtEd. COLUER COU~ GO~RNMENT COMPL~ ~01 BST T~I~I T~L NAPLES, FLORIDA 24112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ................... PROJECT PARCEL NO .......... ./~),.~. ..... 6'~(J4(JO00 ] 04 TAX PARCEL NO ............................. fee simple 8B5 LE___GA L DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County, Florida, and being more particularly described as follows; The South Ten (10') feet of that parcel - as shown on the plat thcxeof, Naples Progressive Gymnastics Camp, as recorded in Plat Book 24, Page 84 o£thc Public Records of Collier County, Florida. Containing 3890 square feet more or less. Parcel 108 bob\pag~lgld.029 PREPARED.'~:=' 2~o~'&'E'~';'AiSi~'~6'~6 ................ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 SHEET 1 OF 1 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 PROJECT NO. ,, PROJECT PARCEL NO. TAX PARCEL No.,O304000f) 1 O4 LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway rostorat ion ea s(,l~e fl t. 8B5 PARCEL 708 THE NORTH TEN (I0') FEET OF THE SOUTIt TW'ENTY (20') FEET OF THE EAST SIXTY (60') OF TIlE WEST 129 FEET OF THAT PARCEL AS SHOWN ON 'i~E PLAT THEREOF, NAPLES PROGR~C}SIVE GYMNASTICS CAMP, AS RECORDED IN PLAT BOOK 24 PAGE, OF THE PUBLIC RECORDS OF COI.LIER COUNTY, FLORIDA. CONTAINING 600 SQUARE FEET MORE OR LESS. IEXHIBIT EORGE '~. RlCl-IMO}~b ' DALE: .~o~ss~o.xL ~.D SU.~OR ~=~0~ OFF~C~ OF CXP~ PROJeCtS COLLIER COUN~ GO~RNMENT COMPLEX 3301 E TAMIAMI TR~L NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PRO.~ECT NO ................... ¢.O.l/l .... PRO.~EOTPA,C,-'~_ NO .......... 10..¢.. ..... PARCEL NO ~.!!.)g.(~ U!.f:9.9.f!..4. ...... 8B5 '- fee simp!, title I.EGAI. DESCIIIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County. Florida, and being more particularly described as follows; Commence at thc South Quarter Corner of said Section 12, also lying on the ccntcrime of Pine Ridge Road (C R. 896) thence along smd ccntcrline S 89° 32' 07" E 1485 93 feet; thence N 00° 05' 53" W 75.00 feet to thc noah right-of-way line ofsaid Pine Ridge Road; thence along said north right-of-way line S 89° 32' 07" E 388.00 feet to the POINT OF BEGINNING ofthe parcel of land hereinafter described, thence N 0'? 36' 52" E 10.13 feet; thence along a line lying Ten (10') feet noah, as measured perpendicular to, said north right-of-way line S 89° 32' 07" E 385.86 feet, thence SO0" 17' 55" E 10.00 feet to said noah right-of-way line; thence N 89° 32' 07" W 387.60 feet to the POINT OF BEGINNING. Containing 3867 square feet more or less, Parcel 109 Sheet I of 2 bob\pagqgld.031 / GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FI., REG. # 2406 PUBLIC WORKS ENGINEERING DEFARTMENT. COLLIER COUNTY GOVERNMENT COMPL EX 3301 EAST TAMIN,'II TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 '3P EfCtt OF' 8B5 Pnc South Oucr [er 159.31' ---% . . :,...u,. u .... % i.... i8, 5:, ?.0.B~ J ~ 87'52'07"E. X 3':,,'. ,' '~,o.~Y ~ '~?' ..'"vA ........ ~%¢22 ........ [ I~:°: ,' 75.05' GENERAL NOTES 1) P,O.C. indicates Point oF Commencement 2) P.O.B. Indicates Point oF Beglnnlng 3) Sec. Indicates Section 4) Twp. Indicates Township .5) Pge. Indicates Range 6) R/W Indicates Right-oF-way 7) Att dl~onces ~re In Fee~ and declnot~ themeo¢ 8) B~sls oF Bearings Is %he centertlne oF Pine Ridge Road being S.89'32'07'E. 9) No~ vaUd untess signed and seated with ~he embossed se~t o{ the peo~esslon~ ~nd su~veyo~ THIS IS ONL',' A ~I<EICH 0~ ~: CH[~ ~: J S~ j ~I~ j ~ NO.: L.M.R, NOT TB I ~ 109 SCALE ~ II-18-gB I EXHIBIT I c ,~ OF 2 .H_ET PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .......... ..... PROJECTPARCELNO .......... l/0. ...... TAX PARCEL Nd.).(!.~.?.?.;! f.!?.?.,(.!.7, fee simple ~ it le COMMENCING AT THE SOUTHEAST CORNF. R OF SECTION 12. TOWNSHIP 49 SOUTII. RANGE 25 EAST COLLIER COUNTY. FLORIDA. SAID POIN-r OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF LIVINGSTON ROAD (CR. 8gl) AND PINE RIDGE ROAD (C R. 886); 'D{ENCE NORTII o DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 12. A DISTANCE OF 75.f~) FEET; THENCE NORTH 819 DEGREES 31 MINUTES 15 SECONDS WEST. A DISTANCE OF 30 ~) FEET TO TIlE POINT OF BEGINNING; TiIENCE NORTII {} DEGREES 17 MINL-I-ES I)3 SECONDS WEST ALONG ALINE LYING 3~ FEET EAST. AS MEASURED PERPENDICULAR TO.SAID EASI' LINE OF SECTION 12. A DISTANCE OF 1245 71 FEET. TItENCE NORTH 89 DEGREES ~2 MINUTES I~ SECONDS WEST. A DISTANCE OF 187.45 FEE1 TO THE POINT OF CURVATURE OF A NON.TANGENT CURVE. CONCAVE TO THE EAST. HAVING A RADIUS OF 58¢m.33 FEET. A CENTRAl. ANGLE OF 2 DEGREES 02 MINUTES 37 SECONDS. AND A CHORD OF 20707 FEET BEARING SOUTH 9 DEGREES 22 MINUTES 52 SECONDS EAST; TIIENCE SOUTlt ALONG SAID CURVE. A DISTANCE OF 207.09 FEET 10 THE POINT OF CURVATURE OF A REVERSE CURVE. CONCAVE TO THE WEST. HAVING A RADIUS OF 5686..'13 FEET. A CENTRAL ANGLE OF 6 DEGREES 07 MINUTES 58 SECONDS. AND A CllORD OF 608.36 FEET BEARING SOUTH 7 DEGREES 21) MINUTES 11 SECONDS EAST. THENCF. SOUTH ALONG SAID CURVE. A DISTANCE OF (~08 (fid FEET; THENCE SOUTIt 0 DEGREES 17 MINUTES 03 SECONDS EAST. A DISTANCE OF 413 86 FEET; TIIENCE SOUTH .15 DEGREES 06 MINUTES 14 SECONDS WEST. A DISTANCE OF 21 I)6 FEET. TtlEN('E SOUTH 89 DEGREES 31 MINUTES 15 SECONDS EAST. A DISTANCE OF 385.o4 FEET; TIIF. NCE SOUTH oo DEGREES 17 MINUTES 03 SECONDS EAST A DISTANCE OF I0.0{) FEET TO 'DIE NORTH RIGHT OF WAY LINE OF AFORESAID PINE RIDGE ROAD, THENCE SOt:FI I au DEGREES 31 MINUTES 15 SECONDS EAST AI.ONG SAID NORTH RIGHT OF WAY LINE. A DISTANCE OF 480 (15 FEET TO TIlE POINT OF BEGINNING. SAID DESCRIBED TRACT CO,NFrAINING 3255 ACRES (141,691) SQUARF, FEET). MORE OR LESS BASIS OF BEARINGS IS THE EAST LINE OF SECTION 12 BEING NORTIt I~l DEGREES 17 MINUTES 03 SECONDS WEST PARCEL I I0 EX HIBI-T I PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGI,VEERING DEPARTM£',VT 33,3! EAST TAM~;,MI TRAIl.. Curve number I Radius = 5686.33' a = 06'07'58' Arc = 608,66' Chord = 608.36' Chord Brg, S,07'20'11'E. Curve number 2 Radius = 5806.33' h = 02'02'37' Arc = 207.09' Chord = 207.07' Chord Brg. S.09'22'52'E, NAPLES, FLORIDA '., 4-,.,1 9,. (94~) · '~ ~" ']FETCH c,F DESCRIPTION lO.O0'J S89'32'i.~"E 480 05' CURVE NO. S.45'06'14'W.-.~ 2~.06' .385.04' S.89'31'15"E. 480.05' t,:-e'.)~. (I t',u' Z uL GENERAL NOTES 1) P,B.C, indicates Point oF Commencement 2) P.O.B, Indicates; Point oF Beginning 3) Sec, indicates Section 4) Twp, Indicates Township 5) Rge. Indicates Range 6) R/W Indicates: Right-oF-way 7) Atl distances are in Feet and decimals thereof 8) Bearings are hosed on the East tine oF said Section 12 as being N.OO'IT'O3°W. 9) Not valid unless signed and seated .Ith Uae embossed seat oF the proFessionat Icncl surveyor' -30' 75.[m' '-- P. ,: . C. THIS IS ONLY A SKETCH L.M.R. SCALE 11-30-98 110 E"X HIBIT I SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ................... .... PROJECT PARCEL NO ........... .///.. ....... TAX PARCEL Nd!!).~.8..7..~.8...0..0...0...3. ........ fee simple title, COMMENCING Al' THE NORTHWEST CORNER OF SECTION 18. TOWNSIIIP 49 SOUTlt. RANGE 26 EAST, COLLIER COUN"TY. FLORIDA. SAID POINT OF COMMENCEMENT ALSO BEING THE CEN"I'ERLINE IN"FERSECT[ON OF PINE RIDGE ROAD IC.R. 886 AND LIVINGSTON ROAD; THENCE SOUTH o DEGREES 15 MINUTES 33 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF ?.~ 00 FEET;TO TIlE POINT OF BEGINNING THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST ALONG THE SOUTtt RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD. A DISTANCE OF 6425~ THENCE.SOUTH e~} DEGREES 18 MIN~FI'ES 54 SECONDS EAST A DISTANCE OF lO.fX} FEET: THENCE NORTH 1¢9 DEGREES 33 MINLrTES 12 SECON~)S WEST A DISTANCE OF 5?749 FEET; THENCE SOL~I"H 44 DEGREES 36 MINUTES ¢)6 SECONq)S WEST. A DISTANCE OF 21.41 FEET; THENCE SOL~H 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG A LINE LYING .~0 FEET EAST. AS MEASURED PERPENDICULAR TO. 'rite WEST LINE OF SAID SECTION I~, A DISTANCE OF 4?5.00 FEET; THENCE SOUTH }¢') DEGREES 44 MINUTES 27 SECONDS WEST. A DISTANCE OF 20,00 FEET; THENCE SOUTH o DEGREES 15 MINUTES 33 SECONDS EAST ALONG A LINE LYING 30 EAST. AS MEASURED PERPENDICULAR TO. SAID ~VEST LINE OF SECTION I8. A DISTANCE OF ?452? FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST. A DISTANCE OF 30.¢R1 FEET TO THE WEST LINE OF SAID SECTION I g. THENCE NORTH 00 DEGREES I.~ MINUTES 33 SECONDS WEST, A DISTANCE OF 1245.27 FEET TO THE PO[N~T OF BEGINNING. SAID DESCRIBED TRACT ('ON"FA INING 1.21R ACRE (53.401) SQUARE FEET). MORE OR LESS BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION IR BEING SOUTH O0 DEGREES 15 MINUTES .13 SECONDS EAST PARCEL I I I I~ E' X'!l B I T' I [" GEORGE R. RICHMOND PROFESSIONAL ~ND SUR~YOR-FL REG, ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPL~ 3301 ~ST T~I T~IL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 III SKETCH OF DESCRIPTION NOT A SURVEY N 89'39'19"E 643.67' EXISTING 30 FOOT _ f UTILITY EASEMENT ,. GOLF DRIVING RANGE 10' N 89°35'12"E S 8g'44'27"W 50.00' PARCEL 111 ,~77,49' ~ z b >_ S 89'35'12"W 642.58' PINE RIDGE ROAD (C.R. 886) P.O.C. P.O.B. GENERAL NOTES 1) PO.C. = POINT OF COMMENCEMENT 2) P.OB = POINT OF BEGINNING 3) SEC. = SECTION 4) ~, = TOVVNSHIP 5) RGE. · RANGE 6) RAN · RIGHT OF WAY ~ ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE i.EX H[BIT ! JANUARY 12, 1999I PR111 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .................... .... PRO ECT PARCELNO ......... 8.(../. ........ TAX PARCEL NO!?.().~..8..7..4..~..O...O..f.)..3, ........ drainaRe, ut ;liLy & maintenan(o ea,~t, ment COMMENCING AT THE NORTHWEST CORNER OF SECTION lit. TO~,~SI lip 49 SOlo'Ttl. RANGE 26 EAST, COLLIER COUNTY. FLORIDA SAID POINT OF COMMENCEMENT Al.SO BEING TIlE CEN'TERLINE INTERSECTION OF PINE RIDGE ROAD (C.R gg6) AN'D LIVINGSTON ROAD. TllENCE SOUTIt o DEGRF. ES 15 MINUTES ~1 SECONDS EAST. A DISTANCE OF 75 ~m FEET; TllENCE NORTll ~,) DEGREES .15 MINUTES 12 SECONDS EAST. A DISTANCE OF 30o0 FEET. THENCE SOL"I'll 0 DEGREES SECONDS EAST ALONG A LINE LYING 30 FEET EAST. AS MEASURED PERPENDICULAR TO. THE WEST LINE OF SAID SECTION 18. A DISTANCE OF 50000 FEET TO THE POINT OF BEGINNING; THENCE NORTH ii9 DEGREES 44 MINUTES 07 SECONDS EAST. A DISTANCE OF 30.00 FEET; TIIENCE .SOUTH 0 DEGREES 15 MIN2.FrES 53 SECONDS EAST ALONG A LINE LYING 60 FEET EAST. AS MEASURED PERPENDICULAR TO, SAID WEST LINE OF SECTIONI8. A DISTANCE OF 74530 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES [9 SECONDS WEST, A DISTANCE OF 3000 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 53 SECON'DS ALONG AFORESAID LINE LYING 30 FEET EAST OF SECTION Ig. A DISTANCE OF 74~.34 FEET TO THE POINT OF BEGrN,rNING. SAfD DESCRIBED TRACT CONTAINING 0 513 ACRE (22.360 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS SAID WEST LINE OF SECTION I~ BEING SOU"IH o0 DEGREES 15 MINUTES 5~t SECONDS EAST PARCEL 81 lA FEXHIBIT "J / .......................... DATE...' ¢ :'"'GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 330"1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 OFFICE OF CAPITAL PROJECTS 3301 EAST T/,MIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION 8B 5 S.89'39'19"W. 643.67' GOLF DRIVING RANGE u~ S. 44'g6'06'W.%N PARCEL 811B~Xx 567.58~, 1~.15' [0:Q0~ N.SO'35'12"E. PINE RIDGE CR-896 (150' GENERAL NDTES I> P.D.C. Indicates Point oF Connencemen't P> P,O.B. indlca.tes Poin.t oF Beginning 3) Sec, Indicates Section 4) Twp, Indlcotes Township 5) Ege, Indicates Range G) R/~/ Indicates Right-oF-way 7) All dlstences Qre in Fee~ ~nd decimals thereof 8) ~e~rtngs ~re b~sed on the ~es~ line or s~ld Section ]8 cs being N.00']5'53'~. 9) Not v~lld un[ess signed ~nd seeled with the embossed se~[ oF ~he proFession~[ [~nd surveyor THIS IS ONLY A SKETCH ZOO 30' iEXHIBif' ] ICH£CI~D ITl': SC, AL[: I D~T[: NDT Tn I 09-I~0-97 SCALE r~t£ NO.: PR-81IA SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAr,,,llAr,'ll TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............ 60111 PROJECT PARCEL NO 112 FOLIO NO.i~84 ~!!.{.).~)(~(I,, .... r~ O r~ Z O ~3 simpl~, I it :o, UVINGSTOhl WOODS LANE L. 308 23' TRACT // PARCEL 112 / PINE RIDGE ROAD [C R 88~ ti 89'3749 31001 279~' LEGAL DESCRIPTION THE EAST 1,5 FEET OF THE OF THE WEST 45 FEET LES5 THE SOUTH 75 FEET AhID THE NOR TH 30 FEET Arid THE NORTH 10 FEE ! OF THE SOUTH ~15 fEET LESS THE WEST 30 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO 35. A~ RECORDED l~'4 PLAT BOOK 7. PAGE 8.5, OF THE PUBLIC RECORDS OF COLLIER COUNT'¢. FLORIDA CONTAI~'.IIrlG 10..517 SQUARE FEET OR 241 ACRE,~ MORE OR LE,~,~ GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH TI tE NAPL[.,~. I'LORit)A 341%' EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE NOVEMBER 23.1998 PR 112 EXHIBIT " 7 / PI~orEsSIONAL ~ND SURVEYOR.FL REG ~ PUBLIC WORKS ENGINEERING OEPT COLLIER COUN[Y GOVEr{NMENI COMPLEX SHEET 1 OF 1 3301 OFFICE OF CAPITAL PROJECTS -EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION ('NOT A SURVEY} PROJECT NO. PROJECT PARCEL NO. 7[2 TAX PARCEL NO. t~mporary drive~'a? re,~toration oa.~ement COk~TENCfNG AT TIlE SOUTIIWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTtl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID POINT OF CO/V0~,f~NCEI~I~NT ALSO BEING .rilE CENTERLINE. INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD (C.R. RS1); THENCE NORTH 0 DEGREES 28 MINUTES 50 SECONDS EAST ALONG TIlE WEST LINE OF SAID SECTION 7, A DISTANCE OF 221.92 FEET; TIlENCE SOUTH 119 DEGREES 37 MINI.ITES 40 SECONDS EAST, A DISTANCE OF 45.00 FEET TO TIlE POINT OF BEGINNFNG; THENCE SOUTI! 119 DEGREES 31 MINUTES I0 SECONDS EAST, A DISTANCE OF 25.00 FEET; TH'ENCE NORTH 0 DEGREES 28 MINI.[TES 50 SECONDS EAST, A DISTANCE OF 33.00 FEET; TIlENCE NORTI! 119 DEGREES 31 MINUTES 10 SECONDS SS/EST, A DISTANCE OF 25.00 FEET; TIIENCE SOUTI! 0 DEGREES 28 MINLFFES 50 SECONDS WEST, A DISTANCE OF: 33.00 FEET TO TIIE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.019 ACRE (1125 SQUARE FEET3. MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 7 BEING NOR'HI 00 DEGREES 28 MINIJTES 50 SECONDS EAST. PARCEL 712 EXHIBIT GEb.,~(~E R. RICHMOND. DATE: PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX .3.301 E TAMIAMI TRAIL NAPLES, FLORIDA .34112 OFFICE OF CAPITAL PROJECTS ,3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 SKETCH OF DESCRIPTION N.Gg'40'50"W. 508.25' ~O PARCF. L 812A ~ ~PARCEL 712 o ,DH o -~ ]j/PARC£t. ,112 /'---PARCEL 812B P,Fl.C,_/' S 89'37'40"E PI,NE RIDGE ROZ. D (CR-B96) ~50' GENERAL NOTES l) P,0.C. indicates Point oF Commencement 2) m.0.~], imdicotes Point oF .geginnlng 3) ~ec. i~dicates Section ~ 4) TwD, Indico. tes Townsh!D 5) Rge. indicotes R~nge 6) R/%~ indicates Right-oF-wqy ~ ~'~ ,4 ~ 7) A{I distonce5 ~e in Feet nnd declmols ~he~eo~ Section 7 being N.00'2~'~Q'[. 9) Not volld unless stgned nmd sealed ~l~h ~he embossed THIS IS ONLY A SKETCH NOT TO SCAl_r 08-07-97 PR-71;-? S[~"~'~ 2 OF 2 ~ WORKS ENGINEERING DEPARTMENT LEGAL DI_~SCI~.II"I'ION (NOT A SI, JI,~VI~;Y) PROJECT NO....O0111 PARCEL NO .... 113A FOLIO NO ...................... Tract 13 38451040005 Tract 12 38451000003 fee simp]e ti~!n COMMI-~NCING AT TIlE SOUTIIWEST CORNER OF SECq'ION 7. TOWNSIIIP 49 SOU'I1 I. RANGE 26 EAST, COI.LIER COUNTY. FLORIDA. fiAID I'¢)INT OF COMMENCEMENT ALSO LYING ON TIlE CENTERLINE OF I'INE RIDGE ROAD (C R s')6), TIIENCE NORTII 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CI:NTI'.'RLINE, A DISTANCE OF 31)2 87 Fl{El'. TIIENCE NORTll 0 DEGREES 25 MINUTES 24 SECONDS WEST. A DISTANCE OF 75 oo EEET TO THE NOR'Ill RIGIIT OF WAY LINE OF SAID PINE RIDGE ROAD AND TO TllE POINT (IF BEGINNING; TItENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 337.03 FEET TO Title POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO TIlE SOUTH, HAVING A RADIUS OF 5~04.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06 MINUTES 10 SECONDS; TIIENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET; TIIENCE NORTtl 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF I0.01 EEET TO TIlE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO TIlE SOUTI I. ftAVING A RADIUS OF 5~14.58 FEET. A CENTRAL ANGLE OF 2 DEGREES 05 MIl%UTES 56 SECONDS. AND A CItORD OF 213.00 FEET DEARING NORTH 89 DEGREES 22 MINUTES 26 SECONDS WEST; TIIENCE WEST ALONG SAIl) CURVE. A DISTANCE OF 213.02 FEET; TIIENCE SOU'Vll 89 DEGREES 34 MINUTES .16 SECONDS WEST. A DISTANCE OF 337oz I:EET; TIIENCE SOUTII o DEGREES 25 MINUI'ES 24 SI~CONI)S EAST. A DISTANCE OF Io.oo FI!ET TO lllE POINT OF IIE(;INNIN(;. SAIl) I)I:.SCRIIII!I ) TI{ACT CONTAINING 1! 126 A('RI': (5.5~} SQUARE FI:'F.'r). MOI~,E OR I.F. SS [3AfilS OF IIEARINGfi IS TI IE CENTI,~RIolNE OF PINE RIDGE ROAI) UI£IN(J N ,~')°34'~6" l( PARCF. L I 13A '~- GEORGE R. RICHMOND PROFESSIONAL LANO SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3~01 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 {941 } 774-8192 PROJECT NO.. .60111 PARCEL NO ..... 113A LEGAL DESCRIPTION (NOT A SI,.;RVEY) FOLIO NO ................. o30 mO --J O %0, 0 r,.)~ Z Z GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 I'UBI,IC WORKS 17. NGINILF. I~,ING I)IT.I'AI~,TIVlF. NI' 3301 EAST TAMIAMI TRAIL NAPLES, FI.ORIDA 3.1112 {941} 77,1-8192 LEGAL DESCRIi'Ti()N (NOT A StJR¥1(Y) PROJECT NO . .60111 PARCEL NO 11 aB FOLIO NO. 38452120005 fcc simple till,' COMMENCING AT TIlE SOUTIIWEST CORNER OF SECTION ?. TOWNSIIIP 49 SOUTII. RAN(iF. 26 EAST, COLLIER COUNTY. FLORIDA. SAID POINT OF COMMENCEMENT ALSO LYING ON TIlE CENWERLINE OF PINE RIDGE ROAD (C R x%). TllENCE NORTll 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE. A DISTANCE OF 302 I,F7 FEEl'. TItENCE NORTtl CO DEGREES. 25 MINUTES 24 SECONDS WEST. A DISTANCE OF 75 0o I:EET TO TIlE NOR'TII RIGIIT OF WAY LINE OF SAIl) PINE RIDGE ROAD. TI IENCE NOI~.'I'II ,~9 DEGREES 34 MINUTES 36 SECONDS EAST, A I)ISTANCE OF 337 03 FEET 'TO TIlE POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE TO TIlE SOUTIi. ItAVING A RADIUS OF 5804.58 FEET AND A CEN'TRAL ANGLE OF 2 I)F. GREES 06 MINUTES I0 SECONDS; TI IENCE EAST ALONG SAID CURVE. A DISTANCE OF 21 '~ o2 FEET TO TIlE POINT OF BEGINN lNG; 1"HENCE CONTINUING EAST ALONG SAID CURV[.'. A DISTANCE OF 402.71 FEET; TIIENCE SOUTH 1~4 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 3862 FEET; TllENCE NOR'III 0 DEGREES 26 MINUTES 26 SECONDS WEST. A DISTANCE OF 10.06 FEET; TItENCE NORTH 84 DEGREES 20 MINUTES .14 SECONDS WEST. A DISTANCE OF 3755 FEET 1"O TIlE POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE. TO TIlE SOUTtl, IIAVING A RADIUS OF 5814.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 5~ MINUTES 44 SECONDS; TIIENCE WEST ALONG SAID CURVE. A DISTANCE OF 403 '/8 FEET; TIIENCE SOUTII o DEGREES 26 MINUTES 26 SECONDS EAST. A DISTANCE OF I00l FEET 2'0 Till'.' POINT OF BEGINNING; SAID DESCRIBED TRACT (?ONI AINING o IOl ACRI! 1.1.413 S()UARI! I:EI~ I'L MORE OR LESS BASIS OF BEARIN(;S IS 'file CI.~NT[.~RI.tNE t,)l I'lNl! I,tll)(';l! ROAD I/l.~lN(; N g')°t-I'W,' l( PAI~,CEI. I 1 ~1t I lei I T J ,~GEORGE R. RICHMONd' ..... PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 240fl PUSLIC WORKS ENGINEERING DEPARTMENT. COLL{ER COUN~ GOVERNMENT COMPLEX 3301 EAgT TAMIAMI TRAIL NAPLES, FLORIDA ~4112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO....60111 PARCEL NO .... 113B FOLIO NO .......................... u~O mO _.J 0 zG~oo PREPARED BY .................................................. DATE .................. GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR.FL REG. # 2406 PUBUC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA $4112 (941) ?74-8192 LEGAL DESCRIPTION f'o(, ~iml,!,' t it 1~.' A PARCEL OF LAND LYING IN SECTrION 18. 'FOWNSIlIP 49 SOUTll. RANGE 26 EAST, COLLIER COb,~ITY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT TIlE NORTHWEST CORNOR OF SAID SECTION lg, TIIENCE NOR'Ill DEGREES 34 MINUTES 36 SECONDS EAST ALONG TIlE NORTII LINE OF SAID SECTION IX. A DISTANCE OF (>14.09 FEET; TIIENCE SOUTll 0 DEGREES MINUTES 33 SECONDS EAST, A DISTANCE OF '/5 IX} FEET TO TIlE SOUTH RIGtlT OF WAY LINE OF PINE RIDGE ROAD (C.R. x9¢,) AND TIlE POINT OF BEGINNING; THENCE NORTIt 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 2.9? FEET TO TIlE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH. tlAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 14 MINUTES 50 SECONDS; TllENCE EAST ALONG SAID CURVE. A DISTANCE OF 32Q47 FEET; TIIENCE SOUTII o DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 350~ FEET TO 331E I~OINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO TIlE SOUTH, IIAV]NG A RADIUS OF 5619.5x FEET, A CENq'RAL ANGLE OF 3 DEGREES 16 ,~IlNUTES Ol SECOND. AND A CIIORD OF 321).39 FEET BEARING NORTII 8g DEGREES 4'/MINLrrEs 23 SECONDS WEST; TItENCE WEST ALONG SAID CURVE, A DISTANCE OF 321) 43 FEET; TIIENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST. A DISTANCE OF 3.(}3 FEET; TtIENCE NOR'I'll 0 DEGREES 19 MINUTES 33 SECOND.~ WEST. A DISTANCE OF 3.S.OO FEET TO TIlE POINT OF BEGINNING; SAID DESCI{IIH~D TInCt cO~rAINING o260 ACRE (11,321 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NOR'i'll LINE OF SAID SECTION Ill BEING NORTll 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 114 /" ,' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 SHEET 1 OF 2 PUBLIC' IFORK$ ENGhVEERING DEPART:ttli'NT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,1112 (941) 774-8192 i ~,KETCFI OF [)E$C. RIPIIOH Curve number Radius = 5654.58' /~ : 03'14'50' Arc = 320.47' Chord : 320,43 Chord Br9. S.88'47'59'E. Radius = 5619.58' /x = 03'16'01' Arc = 320.43' Chord = 320.39' Chord Brg. N.88'47'23'W. GENERAL NOTES 1) P.O,C. Indicates Point oF Connencement 2) P,O.B. Indicates Point oF' Beginning 3) Sec. Indicates Section 4) Twp, Indicates Township 5) Rge. Indicates Range 6) R/W Indicates Right-oF-way 7) Alt distances are In Ceet and decln~ts ~hereoF 8) Bearings are based on the North line oF Section 18 as being N.89'34'36'!~. 9) Not vatld unless signed and sealed with the enbossed seat oF ~he professional land surveyor IIII5 IL-', ¢)NI.'~ A ',l,,I.l~'II 11-18-98 .___ 114 I S~tEET" OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT · 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 i 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ........... 60111 PARCEL NO ............. T 15 FOLIO NO 5:,'730mJ7~',1) & PINE RIDGE ROAD (C.R. 896) Ts' 150' R\W ! TRACT 11 1345' 1251.76' % "~'~:' T --" J I PARCEL 715 s'J 120' TRACT "R" 165' R\W KENSINGTON PARK PHASE ONE P.B. 21, PG. 62-67 25' DESCRIPTION PARCEL 715 THE NORTH 15 FEET OF THE EAST 120 FEET OF THE WEST 213.24 FEET OF TRACT "R" OF THE PLAT THEREOF, KENSINGTON PARK PHASE ONE, AS RECORDED IN PLAT BOOK 21, PAGES 62-67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1800 SQUARE FEET OR O41 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC, = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) P./W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR E~HIBIT J GEORGE R RICHMOND PROFESSIONAL ~ND $URVEYOR.~L. REG. ~ PUBLIC WORKS ENGINEERING DEPT. COLLIER COUN~ GOVERNMSNT COMPLEX 3~1 ~ST TAMIAMI TRAIL NAPLES. FLORIDA 34112 NOT TO SCALE OCTOBER 26. 1998 PRT02A SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT PARCEL NO ............ /./.~. ...... TAX PARCEL NO !).U.2 ~.~.(J.0.~.0.U.0. ...... fee simple title 8B5 A PORTION OF LAND LYING IN SECTION Itl. I'OWNSHIP 49 SOUTtt. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND BEING SLOPE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT TIlE NORTIIWEST CORNER OF SAID SECTION 18, TIIENCE NORTll ti9 DEGREES 34 MINb~ES 36 SECONDS EAST ALONG THE NORTIt LINE OF SAID SECTION 18. A DISTANCE OF ')67.32 FEET; THENCE SOUTtl 0 DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 114.08 FEET TO TIlE Sou'rll RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 8')6) AND TIlE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE. CONCAVE TO THE SOUTH. HAVING A RADIUS OF 5654.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 49 MINUTES 50 SECONDS. AND A CHORD OF 279.32 FEET BEARING SOU'Ht 85 DEGREES 45 MINUTES 41 SECONDS EAST; TIIENCE EAST ALONG SAID CURVE, A DISTANCE OF 279.35 FEET; THENCE SOLrrH g4 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 44.30 FEET: THENCE SOUTH 0 DEGREES 22 MINUTES 55 SECONDS EAST. A DISTANCE OF 35.20 FEET: THENCE NORTH g4 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 4g.00 FEET TO TIIE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOU'Ht, HAVING A RADIUS OF 5619.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES ,15 MINUTES 39 SECONDS; THENCE ',VEST ALONG SAID CURVE, A DISTANCE OF 275.68 FEET: THENCE NORTH 0 DEGREES 21 MINUTES 15 SECONDS WEST, A DISTANCE OF 35.05 FEET TO THE POINT OF BEGINNING; SMD DESCRIBED TRACT CONTAINING 0.260 ACRE (l 1,329 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTtl LINE OF SAID SECTION 18 BEING NORTIt 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 116 JGEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 PUBUC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC IFORKS ENGINEERING DEPARTJlENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,;112 (941) 774-8192 Curve number 1 Radius = 5654.58' /k = 02'49'50' ArC = 279.35' Chord = 279.32' Chord Brg. S.85'45'41'E. Curve Radius = 5619.58' A = 02'48'39' Arc = 275.68' Chord = 275.66' Chord Brg, N.85'45'04'~. SKETCH OF DESCRIPTION 8B5 GENERAL NOTES 1) P.O.C, Indicates Point oF Commencement 2) P.I]o]~. indicates Point o? Beginning :3) Sec:. indicates Section 4) Twp. Indicate:; Township 5) I~ge. indicates Range 6) R/Y/ Indicates Right-oF-way 7) At~ dh;tonces ~re In ?eet c, nd declmo~s thereof 8) Bearings ere based on the North Ur, e oF Section 18 os being N.Bg'34'36'E, 9) No~ volld un[ess signed ond seoled ,Ith the embossed seat oF the proFessIonat ~and surveyor /I /I; I/-S.00'22'55"E. 5.84'20'44"E i~~ 44.30' ' .35.20' , . N 84'20'44"W S.OO'2115E.-x/ Il l/ "-' .o~. ' N,l jj, N.00'21 '15"W. 0~7.32' ~p~.~. North~e$[ corner of Section Collier County, ~lorido THIS IS C,NL',' A $1<E1CH L.M.R. , 11-18-98 /_. __116 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 77'4-8192 LEGAL DESCRIPTION (NOT PROJECT NO .................. ~..~..~, ./../. .... PROJECT P^RCEL .O ........... ..... TAX PARCEL NO..' !!! i! .HT. !!.f~..!!?.?.! ....... fee simplo t itl(, I,EGAI. I)ESCI~II'TION 8B5 A parcel of land lying in Section 18, Township 49 South, Range 26 Easl, Collier County. Florida and being more particularly described as follows; COMMENCE at the Northwest Corner ofsaid Section 18, thence run N 89° 34' 36" E 1289.76 feet; thence S O0° 22' 55" E I I 1 47 feet to the POINT OF BEGINNING of the parcel of land hereinafter described, said point also being on the South Right of Way Line of Pine Ridge Road (CR 896), thence S 84° 20' 44" E 5570 feet to a point of curve; thence along a curve to the le~ having a radius o£ 580458 feet, a central angle of 2" 38' 45", an arc length of 268 05 feet and a chord which bears S 85° 40' 03" E to a point on a non-tangential line; thence S Off' 24' 36" E 35.06 feet to a point on a non- tangential curve; thence along a curve to the right having a radius or5839.58 feet, a central angle of 2° 39'59" an arc length uf 271.76 feet and a chord which bears N 854 40' 43" W to a point on a tangential line, thence N 00° 22' 55" W 35.46 feet to the POINT OF BEGINNING. Containing 11,331 square feet, more or less Parcel No. I Ilg /' EORGE R. RICHMOND PROFESSIONAL ~D SUR~YOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST T~I~I T~IL NAPLES, FLORIDA 34112 SHEET 1 OF 2 '.j PUBLIC WORKS ENCINk'ERING DEPARTM£NT' 3.301 EAST TAtdlAMI TRAIL NAPLES, FLORIDA 34.112 (941) 774-8192 Curve number [ Radius = 5804.58' ,~ = 02'38'45' Arc = 268.05' Chord : 268.02' Chord Brg, S.85'40'07'E. Curve number 2 Radius : 5839.58' ._% = 02'39'59' Arc = 271,76' Chord = 271.73' Chord Brg. N.85'40'43'W. SF'EICH OF :.,ESCP, IPTION 8B5 GENERAL NOTES 1) P.O.C. Indicates Point oF Commencement 2) P,0.B. Indicates Point oF Beglnnlng 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge. Indicates Range 6) R/W Indicates Right-oF-way 7) ALL distances ore In Feet and declmois thereof 8) Bearings ore based on the Nor~.h line oF Section ]8 os being N,Bg'34'3G'E. 9) Not volld unless signed ond seo[ed with the embossed seat oF the proFesslonoi [ond surveyor S. O0'22'55"E.--~% ,, I/ ' 52.00' ' ~. I J , ~ ~N.O0'22'55"W. ~orthwest corner of Section 18, Twp. 49 S., Rge 26 E. Collier County, FloridQ THIS IS OHL, A SKETCH I EXHIBI 1 , ~)' T _ CH£C~) BY: 11-18-98 118 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .................ftS?.G~../, i.L ........ PROJECT PARCEL NO ......... !./..¢. ......... TAX PARCEL NO ..................................... Vol los:' Tract 29 - 3Y, 452160007 Tract /./, & 45 "~4531 (il 005 fee .~impl~. I it le COMMENCING AT TIlE SOUTHWEST CORNL:R OF SECTION 7, TOWNSHIP 49 SOUTII. RANGE 26 EAST. COLLIER COUNTY. FLORIDA, TIIEN('E NORTH g9 DEGREES 3,1 MINUTES 36 SECONDS EAST ALONG TIlE SOUTH LINE OF SECTION 7. A DISTANCE OF 1299 71~ FEET. THENCE NORTtt 0 DEGREES 26 MINUTES 2~, SECONDS WEST. A DISTANCE OF 3~ 64 FEF. T 'FO THE POINT OF BEGINNING; THENCE SOUTII ~44 DEGREES 20 MI.'~flJTES 4.1 SECONDS EAST. A DISTANCE OF 61.53 FEET ALONG THE NORTII RIGHT OF WAY LINE OF PINE RIDGE ROAD (CR.g96) THE NEXT 3 COURSES TO THE POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE TO THE NORTH. IIAVING A RADIUS OF $654.58 FEET AND A CENTRAL ANGI.E OF 6 DEGREES 04 MINUTES 40 SECONDS; THENCE EAST ALONG SAID CURVE. A DISTANCE OF 599.g2 FEET; TttENCE NORTH ~9 DEGREES 14 MINUTES 36 SECONDS EAST, A DISTANCE OF 329.94 FEET. THENCE NORTH 0 DEGREES 2(, MINUTES 26 SECON'DS WEST. A DISTANCE OF 1500 FEET; THENCE SOUI'tl 1~9 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 329.94 FEET;TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO 'FILE NORTH.HAVING A RADIUS OF 5639,51~ FEET. AND A CENTRAL ANGLE OF 6 DEGREES o4 MINUTES 40 SECONDS: THENCE EAST ALONG SAID CURVE. A DISTANCE OF 5982~ FEET. THENCE NORTI! g4 DEGREES 20 MINUTES 4~ SECONDS WEST. A DISTANCE OF 63~ I ~ FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST. A DISTANCE OF 15.09 FEET TO THE POINT OF BEGINNING: SAID DESCRIIBEI) TRACT CONTAINING 0 341 ACRE f 14.x69 SQUARE FEETI. MORE OR LESS BASIS OF BEARINGS IS TIlE $Ob"l'll LINE O[' M:ORESAID SECTION 7 BEING N 89°34'36" E. EXHIBIT ~-.~ORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT· COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY 'J~Z GENERAL NOTES 1)PO.C ·F'OINTOFCOMMENCEMENT 2) P O B = POINT OF BEGINNING 3) SEC = SECTION 4) '/~/VP · TOWNSHIP 5) RGE. - RANGE 6) RNV ~ RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGHED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE JANUARY 14, 1999 PRl19 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIl. NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ................... ~..~.~..~..~. .... PROJECT PARCEL NO ........... TAX PARCEL NO?.!!.~..~.7..?...2..0.0.,.O,..2. ....... fee simple title A PARCEL OF LAND LYING IN SECTION 18, TOWNSIIlP 49 SOUTH, RANGE 26 EAST. COLLIER COb.'NTY', FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT TIlE NORTHWEST CORNER OF SAID SECTION Ig; TI[ENCE NORTI! 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 18. A DISTANCE OF 1612.20 FEET' THENCE SOUTH 0 DEGREES 24 MINUTES 34 SECONDS EAST. A DISTANCE OF 139.59 FEET TO 'l'tlE POINT OF BEGINNING; SAID POINT ALSO LYING ON TIlE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. $96) AND BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF $804.58 FEET, A CENTRAL ANGLE OF 3 DEGREES I 1 MINUTES 08 SECONDS, AND A CHORD OF 322.68 FEET BEARING SOUTH 88 DEGREES 35 MINUTES 03 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 322.1'3 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES I7 SECONDS EAST, A DISTANCE OF 35.00 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5839.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 10 MINUTES 00 SECONDS, AND A CHORD OF 322.'/0 FEET BEARING NORTI! 8g DEGREES 35 MINUTES 43 SECONDS WEST; TIIENCE WEST ALONG SAID CURVE, A DISTANCE OF 322.74 FEET; THENCE NORTH 0 DEGREES 24 MINUTES 36 SECONDS WEST, A DISTANCE OF 35.06 FEET TO THE POI NT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.259 ACRE ( 11,295 SQUARE FEET}, MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 12O PREPARED . . ' ..................... PI~OFESSlONAL LAND SURVEYOR-FL REG. # 240B PUBLIC WORKS ENGINEERING DEPARTMENT, COLLIER COUN~ GOVERNMENT COMPLEX 3301 ~ST T~I~I T~IL , PLES, LOmO SHEET OF 2 '" .. PUBLIC tFORI¢$' ENGIN£'£RING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ,, :..j (941) 774-8192 "' iCI I 0I: l tll'.',Ch~ll"'llt 4q Curve number I Radius = 5804.58' -'", : 03'11'08' Arc = 322.73' Chord = 322.68 Chord Brg. 2.88'35'03'E. Curve number 2 Radius : 5839.58' /k = 03'I0'00' Arc = 322.74' C:,ord = 322.70' Chord Br9. N.88'35'43%/. 885 GENERAL NOTES 1) P.O.C. Indicates Point oF Commencement 2) P.O.B. Indicates Point oF Beginning 3) Sec. indicates Section 4) Twp. [ndlcc~tes Township 5) Rge, indicates Range 6) R/W indicates Right-oF-way 7) At( distances ore in Feet and declnats thereof 8) Bearings are based on the North line oF I " I S.00'26'17"E. / I v .I ~%"P.B.C. Northwest corner of Section 18, Twp. 49 S., Rge 26 [. ColEer County, Florida i S.OO'24'aa"E.~j-- ~39.59' Section 18 os being N.Bg'34'36'E. Not valid un[ess signed and sealed with the embossed seat oF the proF'esslonol land surveyor IHI'-j I'~, ()NI., A '.',KI IL'Il 120 EX 7~IBITJ SHEEr 2 OF 2 8B5 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION__(NOT A SURVEY) PROJECT NO.. PARCEL NO FOLIO NO0()2;~ fee *iimpl,, ' itlr COMMENCING AT THE NORTIIWEST CORNER OF SECTION 18. TOWNSHIP 49 SOUTll. RANGE 26 EAST. COLLIER COUN'I~'. FLORIDA. THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG TIlE NORTH LINE OF SECTION 18, A DISTANCE OF 193464 FI:'ET. THENCE SOUTH 0 DEGREES 26 MINUTES 17 SECONDS EAST. A DISTANCE OF 149.95 FEET TO THE POINT OF BEGINNING AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE.. CONCAVE TO THE NORTH. HAVING A RADIUS OF 5804..~g FEET. A CENTRAL ANGLE OF 0 DEGREES 14 MINUTES 47 SECONDS. AND A CItORD OF 24.96 FEET BEARING NORTI! 89 DEGREES 42 MINUTES 00 SECONDS EAST. TI IENCE EAST ALONG SAID CURVE. A DISTANCE OF 24 96 FEET; THENCE NORTH 89 DEGREES 1.: MINUTES 36 SECONDS EAST. A DISTANCE OF 619.95 FEET; THENCE NORTH 89 DEGREES 17 MINUTES 34 SECONDS EAST. A DISTAN('E OF 0.38 FOOT; THENCE SOUTH 0 DEGREES 2') MINUTES .~9 SECONDS EAST, A DISTANCE OF 510.28 FEET; THENCE SOUTH 89 DEGREES to MINUTES 21 SECONDS WEST. A DISTANCE OF 30.00 FEET; TIiENCE NORTH 0 DEGREES 29 .MINUTES 39 SECONDS WEST, A DISTANCE OF 260.27 FEET; THENCE SOUTH 89 DEGREES 3o MINUTES 21 SECON~)S WEST A DISTANCE OF 5.00 FEET THENCE NORTH oo DEGREES 29 MINUTES 39 SECONDS WEST A DISTANCE OF 165 O0 FEET; THENCE NORTH 48 DEGREES 3~ MINUTES IQ SECONX)S WEST. A DISTANCE OF 74.99 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 529.60 FEET TO THE POINT OF CURVATURE OF A TANGENt!' CURVE, CONCAVE TO THE NORTH. HAVING A RADIUS OF 5839.5g FEET AND A CENTRAL ANGLE OF 0 DEGREES ]4 MINUTES 41 SECONDS. T}IENCE WEST ALONG SAID CURVE. A DISTANCE OF 24 95 FEET; THENCE NORTH 0 DEGREES 26 MINUTES I ? SI-.'('ONDS ~,%~ST. A DISTANCE OF 33.¢}{} FEET TO THE POINT OF BEGINNING CONTAINING ~'~ ~ I(, SQUARE FEET OR 0 'X)3 ACRES LEXHIBIT _:. PREPARED BY..%d.,.=..~,.....,//..~.~.,./...: ..... : .................. DATE ./d.9.,~.~... (' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKB ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX NAPLES. FLOmDA 34~2 SHEET ~ OF 2 PUBLIC WORKS ENGINF_,ERING DEPARTMENT , 3301 EAST. TAMIAMI TRAIL NAPLES, FLORIDA 34.112 (941) 774-8192 t SKETCH OF DESCRIPTION NOT A SURVEY ....... P.O.C. NORTHWEST CORNER SEGTION 18, TOWNSHIP 49 SOUTH. RANGE 26 EAST N 89°34'36~E 8115 S 0°26'17.0"E 35.00' P.O.B. C1 619.95' 24:96' S 89'34'36"W · 529 60' C2 24.95' PINE RIDGE ROAD C.R. 896 N 89°37'34"E 150' R\W 0 38' N 89'34'36"E PARCEL 123 S 89° 30' 21" W 5.00' S 89'30'21"W 30 00' Curve Delta Angle Radius I 0' 14'47" 5804.58 2 0°14'41" 5839.58 GENERAL NOTES 1) PO C · POIhlT OF COMMENCEMENT 2) P O B · POINT OF BEGINNING 3) SEC, · SECTION 4) TVVP. · TOWNSHIP 5) RGE · RANGE 6) R/W = RIGHT OF WAY 7~ ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNEO AND SEALED WITH THE EMBOSSED SEAL OI= A PRO~ESSIONAL LAND SURVEYOR Arc Tangent Chord 24 96 12,48 24.96 24 95 12.48 2495 EXHIBIT Chord Beadng N 89'42'00" E S 89'41'57" W SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) ?74-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO.. 60111 PARCEL NO .......... 124 FOLIO NO. !.~!'..?..;? ~.~.< ~ '(' ~ N 89°40'50'' W 330.0' TRACT 60 30' PARCEL 124 15' ~__¢__ __ .3o0 0' ~ S 89°37'40" E 330.0' PINE RIDGE ROAD LEGAL DESCRIPTION THE SOUTH FIFTEEN (15') FEET OF TRACT 60 LESS THE EAST THIRTY (30') FEET THEREOF, OF THE PLAT THEREOF. GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 4500 SQUARE FEET OR .103 ACRES MORE OR LESS GENERAL NOTES 1) P.O.C. · POINT OF COMMENCEMENT 2) P.O.B - POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE I FEBRUARY 22, 1999 PR124 PREPARED ~ /GEORGE R RICHMOND DATE ¢ PROFESSION/'.L LAND SURVE¥OR.I:L REG # 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 601 ! 1 PARCEL NO ............ 125 I~ FOLIO NO ......... E 30' of Tr 6U simp]~, title 38&53Ohf)O02 Tract 61 - 3N45~,tlfll)f)O/~ N 89°40'50" W 3300' o 30' LU TRACT 61 PARCEL 125 ~ ._~__ 330 O' S 89'37'40" E 360 0' PINE RIDGE ROAD LEGAL DESCRIPTION THE SOUTH FIFTEEN (15') FEET OF TRACT 61 AND THE SOUTH FIFTEEN (15') OF THE EAST THIRTY (30') FEET OF TRACT 80, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 5400 SQUARE FEET OR .124 ACRES MORE OR LESS. GENERAL NOTES 1) P.OC. = POINT OF COMMENCEMENT 2) P.O.B. · POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP RGE. = RANGE RAN = RIGHT OF WAY EXHIBIT ] DATE GEORGE R RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. PUBLIC, WORKS ENGINEERING DEPT 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY GOVERUMENT COMPLEX 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE 3301 EAST TAMIAMI TRAIL EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 NOT TO SCALE~ SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) ?74-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............. 60111. · .'~mpl~ titl or'' ~ I 20t' BUFFER EASEMENT I ~ TRACT 4 I f .,~,~ I "(~o" PARCEL 126 c_ -~277- - - -~- - - PROJECT PARCEL NO 126 TAX PARCEL NO .............................. Fo! lo: CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 232' 207' TRACT "D" PINE RIDGE ROAD C.R. 896 150' R\W DESCRIPTION PARCEL: 126 THE SOUTH 10 FEET OF TRACT 4, OF THE PLAT THEREOF, CROSSROADS MARKET AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20. PAGES 7 & 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2210 SQUARE FEET OR 0.051 ACRES MORE OR LESS. GENERAL NOTES I) P.O.C. ~ POINT OF COMMENCEMENT 2) P.O.8. · POINT OF BEGINNING 3) SEC. · SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR D~a,w~ 8¥ ~'~CKED 6v ~N.E ~TE NOT TO SCALE OCTOBER 27, 1998 /' /./,/i GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR.FL. REG Il 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAil. NAPLES, FLORIDA 34112 PR126 SHEET 1 OF 1 /27 PUB£IC ~FORKS .3301 EAST TAMIAMI fee simple I :: le SP ~iCH OF ' !"]FjP!PI ENG1NL'ER[NG DEPARTM£'NT' TRAIL NAPLES, FLORIDA 541 t2 (941) 774-8192 Proiect: Folio No. LIVlNGS1ON MEADOW Plat Book 19. Page 66 N.89'40'50"W. 330GU' TRACT 61 ~ ~. ~,^CT --_i South 15' feet Tract 76 330.00' S.gg'37'40"E. TRACT 77 PINE RIDGE ROAD (CR-896) 150' R/W LEGAL DESCRIPTION The South, fifteen (15') feet of Tract 76 of the Plot thereof. Golden Gate Estates Unit 55, os recorded in Plut Book 7, Page 8.5 of the Public Records of Collier County, F'lorido Contcining 4,9.50 square feet more or less. Basis of Bearings is the North Right of Way hne of Pine Ridge Ro~d being S.89'57'40"E. TH, IS IS ONL, A SKE'rCH CHrCK£D NDT TB SCALE EXHIBIT J BY: . ' .. ' · ~ Z. OFFICE OF C~IIAL PROJECTS COLU[R COUN~ GO~RNMENT COMPLEX 550~ [ T~I I~IL r~PL[5. FLORIDA 11-18-98 ,, 1~7 SHEET 1 OF 1 128 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION 8B5 LIJ Orr' NOT A SURVEY fee simpl~, t it ,~, PROJECT NO .............. 60111. PROJECT PARCEL NO 128 TAX PARCEL NO,;.!! ~, :~l~!) 2..~ (.!.~? ......... CROSSROADS MARKET AT THE VINEYARDS P.B20 PGS 7&8 23Z i 201-- BUFFER EASEMENT TRACT 4 227"- - 207' TRACT"D" PARCEL 128 · I-- 10' PINE RIDGE ROAD C.R. 896 150' R\W DESCRIPTION PARCEL: 128 THE SOUTH 10 FEET OF THE WEST 85' OF TRACT D, OF THE PLAT THEREOF. CROSSROADS MARKET AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20. PAGES 7 & 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 850 SQUARE FEET OR 0.020 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. - POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING :~) SEC. - SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) R/VV - RIGHT OF WAY " ~xHI'BIT J 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE OCTOBER 27, 1998 GEORGE R RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3,301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 PR128 SHEET I OF 1 ...530 i 3411:4 I'h~Lil~ i l','d,:L i I ~,',., i',',i,J !' l.' 38455(14(1~uil 12.9. SKETCH OF LEGAL DESCRIPTIO__N._.(N__OT__.A__ S__U_!_~_VE.¥) foe simple title I,I'X;A I~ I)ES(~I~IPTION A portion oF'l'racl 77 orlh¢ plat thereof, Gulden Gate Estates Unit 3.5 as recorded in I'lal Book 7, Page 85. of thc Public Records of Collier County, Florida, and being more particularly described as Iblloxvs: COMMENCE al thc Southeast corner o1' Section 7, 'l'o~,.,Iship 49 South. Range 26 East, Collier County, Florida; thence along the Soulh lisle of said Section 7 S 89' 37' 34" W 1559.29 feet; thence N 00' 26' 33" W :54.91 fi:ct to lhe POINT OF BEGINNING of thc parcel of land hereinafter described; thence continue N 00' 26' 33 W 20.02 feet; thence S 87' 20' 08" W 23.36 feel; thence S 89' 37' 34" W 306.60 feel; thence S 00' 26' 37" E 74.00 feel; thence N 89' 37' 34" E 8.92 fo:t; thence N 00' 26' 26" W 54.00 t'cct; d~cnce N 89' 37' 34" E 298.00 feel; ihcnce N 87' 20' 08" E 22.98 fccl lo Iht l'OINT OF BEGINNING. Containing 7083 ~quare feel more or less. Basis of bearings is tile south line of Scctitm 7 being S 89' 37' 34" W. No. 129 GRIUlab/Igld SCALE :,, DRAWN BY: CHECKED BY: FILE NO: REVISED: EXHIBIT CH[¢KLU 'li3fJ I IAMIALII 1flAIL ,balE: r*Lf.. ~ r NAPLES~ Ft. ONI:~,', 34112 ISHEEI' OF 127 PUBLIC' WORKS' ENCINg'ERING DEPARTMi:,'NT' 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SYE1CH OF DESCRI:'TION 8B5 - J__ U~,nNGSTON WOODS DRIVE (SlII AVC. S.W.) TRACT ~N ~ TRACT ~i ',~ TRACT ~ z/____ 23.36' S.87'20'08"W. //--- N.87'20'08"E. S.89'57'34"W.---7 // 22.98' I 306.60' / // ,-P E1 B · ' ' POC N.OO'26'26"W.-~ [ 298.00'J/ /V / / Southeast corner 54.00" X~~..~ j,j~' / Of Section 7, '~ / -.J,,F / Twp. 49 S., \, 7..oo'-.....H-'----~ ./l/ .g,. 26 E. \1 - 20.02~/ ..... .-/~? ACQUIRED GENERAL NOTES 1) P.O.C. indicates Point oF Commencement e> P.D,B, Indicates Point Of Begtnnlr~g 3) Sec. indicates Section 4) Twp. Indicates Township 5) Roe, Indicates Range 6) R/W Indicates Right-oF-way 7) All distances ore In Feet and decimals thereof 8) Basis oF clearings Is the South tine oF Section 7 os being S.89'37'34'W, 9) Not valid unless signed and seated with the embossed seal oF the professional [and surveyor L.M.R. il-tiS I:,~'' ONLY A "l'.,',Ell:ll. NOT TO SCALE II-lB-gOJ 12c) SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 f~'o simple, t it le LEGAL DESCRIPTION (NOT A SURVEY) P.OJECT NO ............... PRO.,ECT ......... /3Z .... TAX PARCEL NO?.~/~..$.h ~ !.!?.!!.(.!,'.2 ....... A PORTION OF 'IRAC"I' 92 OF Tt IE PLAT TI IERIiOF.GOLDEN GAI'E iJS'I'A'I'ES UNF[' AS RECORDED IN PLA'r BOOK ?, PAGE 85. OF TIlE PUBLIC RECORDS OF COLLIER COUNq'Y. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT Tile SOUTIIEAST CORNER OF SECI'ION 7. TOWNSIIIP 49 SOUTI 1, RANGE 26 EAST; TItI~NCE SOUTtt 89 DEGREES 3'/MINUTES 34 SECONDS WEST. ALONG THE SOUTH LINE OF SAID SECTION ?. A DISTANCE OF 1559.29 FEET; THENCE NORTII 0 DEGREES 26 MINUTES 33 SECONDS WEST. A DISTANCE OF 54.91 F~T TO TIlE POIN"F OF BEGINNING, TItENCE NORTH 87 DEGREES 20 MINLrI'ES ()8 SECONDS EAST. A DISTANCE OF 33Q 19 FEF.'I. TIIENCE NORTII (I DEGP, EES 26 MINUTES 28 SECONDS WEST, A DISTANCE OF 20.02 FEET; TllENCE SOUTII 87 DEGREES 20 MINSq'ES 08 SECONDS WEST. A DISTANCE OF 330.19 FEET; 'FIIENCE SOUTH 0 DEGREES 26 MINUTES 33 SECONDS F. AST, A DISTANCE OF 2Q02 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0 152 ACRE (6,605 SQUARE FEET). MORE OR LESS. BASIS OF BEARINGS IS THE SOUTII LINE OF SAID SECTION ? BEING SOUTH 89 DEGREES 3? MINUTES 34 SECONDS WEST PARCEL 132 '! EXHIBIT PROFESSIONAL LAND SURVEYOR-FL RE6 # 2400 PUBLIC; WORKS EN6INEERIN¢~ DEPARTMENT. COLLIER OOUNTY (~OVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 SHEET 1 OF 2 PUBLIC IFORff. q'_ I'_,'NGINI;,'lJ,'t~.IN6' DI,.,'I-)AI~.~"I4','¥"'~:; ~ 5301 EAST 1AMIAMI 'FRAtL NAPLES, FLORIDA .341 12 (941) 774-8192 SFE~Ct-I OF DESCRIPTION LIVINGSTON WOODS DRIVE (STII AVE. S.W.) TRACT ~-l.4 TRACT 77 :"'1 ~- o°J® 92 ,J 8B5 TRACT 9.3 S.87'20'08" w.-~ /-- - N.87'20'08"E 330.19' ~/ / 330,~9' ' \ / /--20.02' \ ~ / Southeast corner ~ , ./' /_,,,, .... __P.O.C. 20.02 _....~ ~ --~ .,,, of Section 7 /-- / / Twp, 49 S., / ,/ 329 94' / 7 ' o · / -4, F, ~ PINE RIDGE ROAD (CR-896) / PREVIOUSLY 150' R/W ACQUIRED GENERAL NOTES I) P.O.C. Indicates Point oF Commencement 2) P.0. J~. Indicates Point oF Lleglnnlng 3) Sec. Indicates Section 4) Twp. indicates Township 5) Rge. Indicates Ronge 6) R/W indlcotes Right-oF-way 7) AiL distonces ore in Feet ond declmots thereof 8) Basis oF clearings is the South line oF Settlor. 7 os being S.89'37'34'¥/. 9) Not valid unless signed ond seoted with the embossed seol oF the proFessiono[ Jond surveyor '[HIS IS ONL',' A SKEI'CH D~.*w~ 8?9 CH(CK[D 8(: NOT TO 11-1B-98 SCALE NO.:'' 132 SHEET_,~ OF 2 35O i OFFICE OF CAPfT'zlL PROJECTS EA~ST 'I ...... ,~,,ll,,,,,, 'IRAIL NAt2LES, I-LORIDA 54 i i,: TM (941) 7/,i-g192 SKETCH OF LEGAL DESCRIPTI0J_q _(rjp l' ,',, SU__R,g 0 foe simple ~ itle I,[(;AI, IIE,~('IilI"I'ION A pomun of'l'ract 93 of Ibc plat tbmcul; Gulden Gale Eslales Unit 35 as iccordcd in Hal Book 7. Page 85. oflhe Public IL~urds of ('oilier County. FIo6da. and being more p~icularly described as follows. COMMENCE at Ihc Southeast corner of Section 7. Towuship 49 South. Range 20 East, Collier County, Florida, thence along the South linc of said Section 7 S 89° 37' 34" W 1229.35 feet; thence N O0° 26' 28" W 68 1 I fcct to the POINT OF BEGINNING of the parcel ofland hereinafter described; thence N 89° 37' 34" E 215.53 feet, thence N 70° 30' 38" E 121.21 feet; thence N O0'~ 26' 24"W 21.16 fccl, thence S 70'~ 30' 38" W 125.16 feet; thence S 89° 37' 34" W 21180 feel; thence S O0° 26' 28" E 20.02 feet to thc POINT OF BEGINNING Containing 6737 square fcct more or less Basis ofbcarings is the South line ofSectiun 7 being S 89° 37' 34" W. Parcel No. 135 ~'r,..,W'A~EaOy...'? / / COLLIE~ ~OUNTY GCVERHM[NT 3~1 EAST TAMIAMI TRAIL NAPLES, FLORIDA ~112 JSHEET OF /35 PUBLIC WORMS' ENGINEERING DEPART'MIi'NT' 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 (941) 774-8192 '3/EICH 01' DE'E, CP, iI-'I'ION TRACi g2 ? : ~. ..,..,0 38 ,.~ g. 59.3 7'3z." .v.-7 / :21.2q' 2i1.~S' / / ~ / ~ /- :~'.~.'"::'o.':.,,~.s,:~':o~,.~ s..:" i~''-p'O'c' B~ Rge. 26 E. P.D. , / 329 9.5' / - ; PREVIOUSLY 1,.,rj' I,~ . .'. ACCUIRED GENERAL NATES 1) P.O.C. Indicates Point of Commencenent 2) P.O.B. Indicates Point of Beginning 3) Sec, Indicates Section 4) Twp, indicates Township 5) Rge. Indicates Range 6) R/W Indicates Rlght-of-w(zy 7) Alt distances are In Feet and decimals thereof 8) Basis of clearings iS the South llne of Section 7 as being S.89'37'34°W. 9) Not valid unless signed and sealed wlth the embossed seal oF the professional land surveyor THIS IS UNL'~ A L',l,,E1Cti L,M.R. SC~L£: NOT TEl SCALE NO.: 135 SHEET '2 O1'- 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO .................... ~.0..l/1... PROJECT PARCEL NO ........... /~' ' TAX PARCEL NO3~'/~'5''7'2''~'0'0''O''5' ........ fee simple title A PORTION OF TRACT I01~ OF TIlE Iq. AT TIII';I{EOF.GOLDEN GATE ESTATES UNIT 35 AS RECORDED IN PLAT BOOK 7. PAGE 1¢5. OF 'HIE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT Tile SOUTHEAST CORNER OF SECTION 7. TOWNSHIP 49 SOtJ'I'I{, RANGE 26 EAST. COLLIER COUN"I'Y. FLORIDA; TIIENCE SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST ALONG 'I'ttE SOUTH LINE OF SAID SECTION 7. A DISTANCE OF 899.41 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 42 SECONDS WEST, A DISTANCE OF 116,42 FEET TO 'FILE POINT OF BEGINNING; TI IENCE CON"TINUING NORTtl ALONG SAID LINE AND TIlE WEST LINE OF SAID TRACT IO,% A DISTANCE OF 21.16 FEET; THENCE NORTII ?O DEGREES 30 MINUTES 38 SECONDS EAST, A DISTANCE OF 00.35 FEET. TIIENCE NORTH 36 DEGREES 51 MINUTES 40 SECONDS EAST, A DISTANCE OF I0.00 FEEl'; TIIENCE SOUTll 53 DEGREES 08 MINUTES 20 SECONDS EAST. A DISTANCE OF 2000 FEET; TIIENCE SOUTH 36 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 16.05 FEET, THENCE SOUTII 70 DEGREES 30 MINUTES ;l~ SECONDS WEST, A DISTANCE OF ?3.30 FEET TO TIlE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 0.0]? ACRE (I,597 SQUARE FEET). MORE OR LESS. BASIS OF BEARINGS IS TIlE SOUTH LINE OF SAIl) SECTION '/BEING SOUTll 89 DEGREES 3~ MINUTES 34 SECONDS WEST PARCEL 136 ~.~EORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAP[.ES. FLORIDA 34112 SHEET I OF 2 ?UI3LIC IFORKS; I:/NCINlYli'P, ING D£'PART'MZNT' 3.5'.a i '.._/"*w; f/,' , .L'.' I ['.~-..._ rd/.;-,/:" ~ [ ~ ip!',.d, .:,: ('-)41) 7/4-81"-, ~- Sr'E'ICI4 OF D?;Ct-:IPI ON 865 GENERAL NOTES 1) P.0,C. indlc~tes Point oF Commencement ~) P.0. B. Indicates Point oF Beginning 3) Sec. Inctlc6tes Section 4) Twp, Indicates Township 5) Rge. Indicates R~nge 6) R/W Indicates Rtgh~-o¢-w¢y 7) Att dlstgnce5 ore in Feet ond clectm~ls thereof 8) B~sis oF ~eorings is the South Une oF Section 7 being S.89'37'34'W. 9) Not votid unless ~igned ond ~ealed ,ith the embossed ~eol o~ the p~oFessio,%al tatar3 su~veyo~ i Ex.p,t-} Till'5 I'.5:, I)l.j ,' A L,I"E'I']H jDRAt'~,I BY: L.M.R. I$C'~r: i I~lr: jFI%L NO.: NOT TO SCALE 136 i j SI IEET_ ~ OF _ '~ PUBLIC' IFORK£' 3301 EAST TAMIAMI £NCINI££RING D£PARTM£'NT TRAIL NAPLES, FLORIDA 34;12 (941) 774-8192 t'r,~ j(,('! : hl}l I I Curve number [ R~clius = ~.00' A =90' Arc = 39.27 Chord = 35.36 Chord Brg, S,45'25'16'E. Curve number R~dlus = 25,00' A = 53'07'48' Arc: = 23.18 Chord = 22.36 Chord Brg, S.G3'51'22'W, >- z ':'<El'CH 0I" L)ESCI~:It~IION fee ~imple title 8B5 ' 5.89'54'44"w. 2~ 139.92' 119.92' C-1 N.89'34'44"E. C- F'o ] i o: 80h ? IRACT L-14 VINEYARDS UNiT ONE PLAT BOOK 14 PAGES 67-74 ! i/.--,o, oo' c PINE RIDGE ROAD-,/ R-Sg6) 150' R/W LEGAL DESCRIPTION The South Ten (10) feet of Tract L-14 of the plat Vineyards, Unit One os recorded in Plot Book 14. Pages 67 through 74 of the Public Records of Collier County, Florida. Containing 1,339 square feet more or less. F-' 1 EXHIBIT-- THIS IS ONL'f A SKETCH IGM[OXID NOT TO SCALE X;EORGE R. RICHMOND PROFESSIONAL LAND SURVL','OR #2a06 OFFICE OF' CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX ..3501 E TAMIAMI TRAIL NAPLES. FL.ORIOA 34.112 IDA'ri: I Fat NO.: 137 SHEET 1 OF 1 PUBLIC' WORKS' ENGINEI;.'RING DEPARTMLNI 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 Pro jeff: hi)Ill ~NEYARDS UNIT ONE PLAT BOOK 14 PAGES 67-74 .[ICH fee simplo title ~ TRACT CC ~ VINEYARDS UNIT 3A Jo PLAI BOOK 17 ~ ..: PAGES 7-18 20.15'~ ~ S.89'34'44"W. t ~ 2035.51' N.Sg'34'44'E. GOLDEN GATE ESTATES Io UNIT 34 PLAT BOOK 7 PAGE 25 ,/?PINE NIOGE ROAD.-`/ (CR-89~) ~50' R/W LEGAL DF. SCRIPTION The South Twenty (20) feet of Tract CC of the plat Vineyards, Unit SA as recorded in Plat Book 17, Pages 7 through 18 of the Public Records of Collier County, Florida. Contoinlng 40,720 square feet mere or less. THIS IS ONLY A SKETCH FEXHIBIT ] X~ORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3.301 E TAMIAMI TRAIL NAPLES. FLORIDA 34112 DRAWN CHEC~£D ~Y: NOT Tn SCALE i1-18-98 FIL~ NO.: 138 SHEET 1 OF 8B5 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 .L_E_?_A_L~.~DESCRIPTION (NOT A SURVEY) PROJECT NO ................. ~...~..//../.. ..... PARCEL NO .............. ]. ,~...~... FOLIO N O .?,~.~..4. ,L.)..8..4, !.).!!.(! !.). ....... road right of ~ay, sidewalk, utility, drainage & maintenance LEGAL DESCRIPTION The South Twenty (20') ofthe North 170 0 feet ofthe East 62.0 feet ofTract 121 ofthe Plat thereof, Golden Gate Estams, Unit :13 as record~ in the Plat Book 7, Page 60, ofthe Public Records of Collier County, Florida. Containing 1240 square feet more or less. Parcel No 139 PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET I OF 2 OFFICE OF CAPITAL PROJECTS i[A~T TAt.41[d.,l! I'RAIL NAPLES, FI.ORIDA (94'~) :74-8 34112 SKETCH OF LEGAL p~o,~[cT ~o. ~_~1// PRC,JECT PARCEL NO.I TAX PARCEL NO. 38390920008 DE~-C_R!PT!_ON_(N_O__'F A SURVEY) fee simple title LEGAL DESCRPITION COMMENCE at the Southwest Comer of Tract 14, of the plat thereof Golden Gate Estates Unit No. 34, as recorded in Plat Book 7, Page 23, of the Public Records of Collier County, Florida; thence run along the west line ofsaid Tract 14 N 00' 19' 10" E 181.55 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence S 89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E 10.00 feet; thence S 89' 37' 45" E 414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right, of-way line of Logan Boulevard; thence along said west right-of-way line N 00' 19' I0" E 45.37 feet to the Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896); thence along the south right-of-way line of said Pine Ridge Road N 89' 37' 45" W 630.00 feet to the west line ofaforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to tl~ PDINT Ot' BFI~[.qNIN4) Containing 8726 square feet more or less. Parcel 140 Sheet I of 2 Basis of Bearings is the West line of Tract 14 being N 00' ]9' 10" E. GRR/lab/lglds EXHIBIT SCALE:, DRAWN' BY: CHECKED BY': FILE NO:, REVISED: DPAWN OV; CH£CR£D Of: OFFICE OF CAPITAL PROJECTS 330! EAST TAMIAMI TRAIt. NAPLES. FLORIDA 34112 (941) /74-8192 SKETCH OF DESCRIPTION 10 x-- N.sg'37'44"W -.~ 62.38' LOGAN BOULEVARD ~-~ N.OO'19'10"E. 200.99' 155.62' S.44'59'18"E 50.05' S.89"37'45"E 414.62' N. O0'22'15"E 10.O0' PORTION TRACT 1,4 S,89'37'45"E 180.00' P.O.]3, 181.55' !;. 00'19'10"'/1. 201.55' GENERAL NBTES 1) P.D.C imd~cotes Po;m: o¢ Commer-.cement 2) P.a.~, indicote5 Point oF ~eginn;no 3) Sec. indicotes Section 4) Twp. [nd;c~es To,~nship 5) Rge. ind;co%es Range 6) R/W ipdico~es Righ~-o¢-woy Tract 14 oeing N.00'IO'i0'E. ~) No~ voUd ,~mtess signed amd sooJed wit~ the embossed Seal O¢ the professional [amd surveyo~ P,B.C, I EXH'BIT"'j~q THIS IS ONLY A SKETCH JCHECKED BY: J I NrlT Tn I SCALE DATE: ! 0P_-07-97 I'lL[ 140 SHEET 2 OF 2 8B5 3501 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO PROJECT PARCEL NO. TAX PARCEL NO. SKETCH OF LEGAL DESCRIPTION ._(NOT A SURVEY} road right of way, sidewalk, utility, drainage & mainlenance BEGIN AT 1'1HE POINT OF INTERSECTION OF TI H~ NORTH RIGHT OF WAY LINE OW PINE RIDGE ROAD (C-g96) AND Tile EAST RIGHT OF WAY LINE OF LOGAN BOULEVARD; TI{ENCE NORTH 0 DEGREES 19 MINUTES I0 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE OF LOGAN BOULEVARD, A DISTANCE OF 38.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 40 DEGREES 58 MINUTES 19 SECONDS EAST, A DISTANCE OF 50 62 FEET TO TI-HE NORTH RIGHT OF WAY LfNE OF SAID PINE RIDGE ROAD;, TI4ENCE NORTH 89 DEGREES 3'/ NUNI.rf'ES 45 SECONDS W~ST ALONG SAID NORTH RIGHT OF WAY LIN~ OF PINE RIDGE ROAD, A DISTANCE OF 33.40 FEET TO 'rifE. POINT OF BEGINNR~G; SAID DESCRIBED TRACT CONTAfNING 0.015 ACRE ('635 SQUARE FEET}, MORE OR LESS. BASIS OF BEARINGS IS T~E NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD BEING NORTH 89 DEGREES 37 N~NUTES 45 SECONDS WEST. PARCEL 141 ICH(CI<I~ I~Y: ] StALl:: I OAI[; PF~3FESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY COVERNMENT COMPLEX · 3301 E TAMIAMI TRAIL NAPLES. FLORIDA .34112 J FIL~ SHEET OF 141 OFFICE OF CAPITAL PROJECTS 5301 F. AS1 TAMIAMI TRAIL NAPLES, FLOR!DA 34~'2 (941) 774-8192 SKETCH OF DESCRIPTION TRACT 18 o ~ S.40'58'19"[. 50.62' - 33.40' N.89'37'45"W. PINF RIDGE ROAD 8B5 . PARCEL 141 GENERAL NOTES ~) P.D.~J. I 4) Twp. 5) Pge. i~dicot~o Pine Ridge Posr'l he,r~g N.89'37'4'.3"W. 9) Not valid untess %ignecl ar~d fir'r, lpd with the embossed see( o¢ the f)roFossionnt Inr~d '~,~rveyor THIS IS ONLY A SKETCH ICH[CKED Ii't: N~T TO SCALE 0E~-~3-.97 141 SHEET 2 OF 2 COLLIER COUNTY, FLORIDA INITIAL ASSESSMENT RESOLUTION FOR THE GOLDEN GATE PARKWAY MUNICIPAL SERVICE BENEFIT UNIT ADOPTED ON t4ay ~1 _,1999 SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. SECTION 3.06. SECTION 3.07. SECTION 3.08. SECTION 3.09. SECTION 4.01. SECTION 4.02. SECTION 4.03. TABLE OF CONTENTS ARTICLE I DEFINITIONS AND INTERPRETATION DEFINITIONS INTERPRETATION GENERAL FINDINGS. ARTICLE II NOTICE AND PUBLIC HEARING ESTIMATED CAPITAL AND PROJECT COST ASSESSMENT ROLL PUBLIC HEARING NOTICE BY PUBLICATION NOTICE BY MAIL ARTICLE Ill ASSESSMENTS DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA 8 IMPOSITION OF CAPITAL ASSESSMENTS 8 APPORTIONMENT 8 PREPAYMENT AMOUNTS 8 COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS 9 INITIAL PREPAYMENT OPTION 10 ADDITIONAL PREPAYMENT OPTION 10 MANDATORY PREPAYMENT 11 REALLOCATION UPON FUTURE SUBDIVISION 11 ARTICLE IV GENERAL PROVISIONS METHOD OF COLLECTION. SEVERABILITY. EFFECTIVE DATE. PAG~E 12 13 13 APPENDIX A - APPENDIX B - FORM OF PUBLISHED NOTICE FORM OF MAILED NOTICE RESOLUTION NO. 99-229 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION OF A WATER LINE AND RELATED WATER FACILITIES PLUS A WASTEWATER LINE AND RELATED WASTEWATER FACILITIES NEEDED TO FACILITATE THE AVAILABILITY OF WATER AND WASTEWATER SERVICE FROM FLORIDA GOVERNMENT UTILITY AUTHORITY TO SERVICE (11) LOTS ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY EAST FROM SANTA BARBARA BOULEVARD TO 53RD STREET SOUTHWEST; DETERMINING THE ESTIMATED CAPITAL AND PROJECT COST OF THE WATER AND WASTEWATER FACILITIES' DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE CONSTRUCTION OF WATER AND WASTEWATER FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE COST OF CONSTRUCTING THE WATER AND WASTEWATER FACILITIES AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; DIRECTING THE COUNTY ADMINISTRATOR TO PREPARE A TENTATIVE ASSESSMENT ROLL BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE iN CONNECTION THEREWITH: AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNIY~FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND INTERPRETATION SECTION'1,01, DEFINITIONS, As used in this Resolution, the following terms shall ha~{the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the amount required to prepay the Capital Assessment for each Tax Parcel located in the Benefit Area (1) following issuance of the Original Obligations, as computed pursuant Section 3.04(B) hereof and revised annually pursuant to Section 3.05(H) hereof, and (2) following issuance of any Refunding Obligations, as computed pursuant Section 3.04(C) hereof and revised annually pursuant to Section 3.05(H) hereof. II II ...... "Annual Debt Service Component" means the amount computed for each Tax Parcel pursuant to Section 3.05(E) hereof. "Annual Debt ,~ervice Factor" means the factor computed pursuant to Section 3.05(D) hereof. "Assessment" means the sum of the Capital Assessment for any Tax Parcel. "Assessment Roll" means a non-ad valorem assessment roll for the Capital Assessments within the Benefit Unit. "Benefit Area" means that portion of the Golden Gate Parkway Municipal Service Taxing and Benefit Unit located within the proposed Golden Gate Parkway Benefit Area, as described in Section 3.01 hereof. "Board" means the Board of County Commissioners of Collier County, Florida "Capital Assessment" means an annual special assessment imposed against property located within the Benefit Area to fund the Project Cost of Water and Wastewater Facilities to serve the Benefit Area and related expenses, computed in the manner described in Section 3.05 hereof. "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of the Water and Wastewater Facilities and imposition of the Capital Assessments under generally accepted accounting principles; and including reimbursement to the County for any funds advanced for Capital Cost and interest on any interfund or intrafund loan or other external loan mechanisms for such purposes. "Collection Cost" means the estimated cost to be incurred by the County during any Fiscal Year in connection with the collection of Assessments. To include but not limited to Property Appraiser and Tax Collector fees, annual costs of updating and administering the assessment roll, and maximum discounts allowed for early payment under the Uniform Assessment Collection Act. "County" means Collier County, a political subdivision of the State of Florida. "County Administrator" means the chief executive officer of the County, designated by the Board to be responsible for coordinating special assessments, or such person's designee." "Debt Service Amount" means the amount computed pursuant to Section 3.05(A) hereof.: "Final Assessment Resolution" means the resolution described in Section 3.05 of the Ordinance that imposes Assessments within the Benefit Area. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Funding Agreement" means the agreement pursuant to which the County agrees to deliver the Obligations against Payment therefor by the purchaser or unden,vriter of Obligations. ; SU .C~., "Initial Prepayment Amount;'~ea~s the amount computed pursuant Section 304(A) hereof for each Tax Parcel located in Benefit Area to prepay the Capital Assessment prior to issuance of the Origin?Obligations. "Local Improvement" means a capital improvement constructed or installed by the County for the special benefit of a neighborhood or other local area, for which special assessments may be imposed pursuant to the Ordinance. "'Maintenance Cost" means all expenses that are properly attributable to maintenance of the water and wastewater facilities under generally accepted accounting principles. "Modified Debt Service Amount" means the amount computed pursuant to Section 3.05(C) hereof. "Obligations" means Original Obligations or Refunding Obligations "Ordinance" means Ordinance No. 98-45. "Original Obligations" means a series of bonds or other evidence of indebtedness including but not limited to. notes, commercial paper, capital leases or any other obligations of the County issued or incurred to finance any portion of the Project Cost of the Water and Wastewater Facilities and secured, in whole or in part, by proceeds of the Capital Assessments. "Prepayment Modification Factor'' means the factor computed pursuant to Section 3.05(B) hereof. "Project Cost" means (A) the Capital Cost of the water and wastewater facilities. ([3) the impact fees or system development charges as required by the water and wastewater provider, (C) the Transaction Cost associated with the Obligations attributable to the Water and Wastewater Facilities, (D) interest accruing on such Obligations for such period of time as the County deems appropriate, (E) the debt service reserve fund or account, if any, established for the Obligations attributable to the Water and Wastewater Facilities, and (F) any other costs or expenses related thereto. "Property Appraiser" means the Collier County Property Appraiser. "Refunding Obligations" means a series of bonds or other eviCence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligations of the County issued or incurred to refund all or any portion of the Original Obligations or any indebtedness issued to refinance the Original Obligations. "Related Service" means the operation and maintenance of a Local Improvement. "State" means the State of Florida. "Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 3.05(F) hereof. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Transaction Cost" means the costs, fees and expenses incurred by the County in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of b~nd counsel; (C) the underwriters' discount; (D) the fees and disbursements of the C~unty's financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation st~pporting issuance of the Obligations; (F) the fees payable in respect of any municipal bOnd insurance policy; (G) administrative, development, credit review, and all other fees associated with anY' pooled commercial paper or similar interim financing program; and (G) any other costs of a similar nature incurred in connection with issuance of such Obligations. ,~' "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or an~Successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereund~r. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular ~umber include the plural number, and vice versa; the terms hereof, hereby, here~n, hereto, hereunder and s~m~ ar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective d~te of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. The Board legislatively finds and determines that: (A) Article VIII, Sec'fion 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board has enacted the Ordinance to provide for the creation of municipal service benefit units and authorize the imposition of Assessments to fund the acquisition and construction o[ Local Improvements and the provision of Related Services to benefit th~'property located therein. (C) Construction of the Water and Wastewater Facilities constitutes a Local Improvement as cont~rnplated by the Ordinance. (D) The Benefit Ar~a consists of (11) lots on the south side of Golden Gate Parkway east from Santa Barb~'a Boulevard to 53rd Street Southwest. The property owners in the foregoing area requested the County to construct Water and Wastewater Facilities to allow for construction on the referenced property. (E) The Benefit Area is located in Golden Gate City, Unit 7, Block 230, Lots 1 through 11, in Section 28 South, Township 49 South, Range 26 East, as recorded in Plat Book 5, page 140 of the Public Records of Collier County, Florida. (F) The construction of such Water and Wastewater Facilities will serve a predominately public purpose and improve the quality and appearance of all property located within the Ben~efit Area by allowing the owners to proceed with construchon, thereby providing a special benefit to such property. (G) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the acquisition, construclion of the water and wastewater facilities by fairly and reasonably allocating the cost to specially benefited property. ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2,01, ESTIMATED CAPITAL AND PROJECT COST. (A) The estimated Capital Cost for the Water and Wastewater Facilities is $3@G,825. (B) The estimated total Project Cost is $452,733. (C) The Project Cost of the Water and Wastewater Facilities will be funded through the imposition of Assessments against property located in the Benefit Area ~n the manner set forth in Article III hereof. The annual maintenance cost for water and wastewater facilities will be borne by Florida Government Utility Authority upon conveyance of the facilities. SECTION 2.02. ASSESSMENT ROLL. The County Administrator is hereby directed to prepare final estimates of the Capital Cost for the Water and Wastewater Facilities and to prepare the preliminary Assessment Roll in the manner provided in the Ordinance. The County Administrator shall apportion the Project Cost among the parcels of real property, within the Benefit Area as reflected on the Tax Roll in conformity With Article III hereof. The estimates of Capital Cost and the Assessment Roll shall be maintained on file in the offices of the County Administrator and open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Tax Parcel can be determined by use of a computer terminal a.vailable to the public, SECTION 2.03. PUBLIC HEARING. The County Administrator is hereby authorized to establish the date and time of a public hearing to be held in the Collier County Commission Chambers to consider (A) creation of the Benefit Area, (B) imposition of the Assessments, and (C) collection of the Assessments pursuant to the Uniform Assessment Collection Act. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials required by Section 2.02 hereof, the County Administrator shall publish a notice of the public hearing authorized by Section 2.03 hereof in the manner and the time prowded in Section 3.04 of the O,.rdinance. Such notice shall be in substantiaily the form attached hereto as APpendix A. SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by Section 2.02 hereof, the County Administrator shall, at the time and in the manner specified in Section 3.03 of the Ordinance, provide first class mailed notice of the public hearing authorized by Section 2.03 hereof to each property owner proposed to be assessed at the address indicated on the Tax Roll. Such notice shail be in substantially the form ~ttached hereto as Appendix B. ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA. The Board proposes'tO create the Golden Gate Parkway Benefit Area within the Golden Gate Parkway MumC~l~al Servme Taxing and Benefit Unit to encompass the property located in Golden G~t~ City, Unit 7, Block 230, Lots 1 through 11, in Section 28 South, Township 49 South, ~ inge 26 East, as recorded in Plat Book 5, Page 140 of the Public Records of Collier Cd ;~ty, Florida. The Benefit Area is proposed for the purpose of improving the use a~ enjoyment of property by funding the construction of Water and Wastewater Facilitie..¶ o allow for construction on the property located therein. The description of the pr~ ,Used sanitary sewer improvements is the construction of a new Pump station, new gr~! ~ity and force main seWer lines and appurtenances from 53''~ Street S.W. through ~ ~i alley to connect to the Florida Government Utility Authority existing sewer facilitieS, located on 53''~ Street S.W. The proposed potable water improvements is the~nstruction of a new 8" water main, appropriate fire hydrant(s) and appurtenances ~l~3ng the south side of Golden Gate parkway to connect to the Florida Government/.Jtility Authority existing water facilities located on Santa Barbara Boulevard. SECTION 3.02. IMPOSITION OF CAPITAL ASSESSMENTS. Capital Assessments shall be imposed against property Iocaled within the Benefit Area for a period of 15 years. The first annual Capital Assessment will be included on the ad valorem tax bill to be mailed in November 1999. When imposed, the Capital ASsessment for each~Fiscal Year shall constitute a lien upon the Tax Parcels located in the Benefit Area, pur~Suant to the Ordinance. SECTION 3.03. APPORTIONMENT The Board legislatively finds and determines that since use of the Water and Wastewater Facilities will be substantially proportional to the tolal geographic area of each Tax Parcel, it is fair and reasonable to apportion the costs of the project on a per SECTION 3.04. PREPAYMENT AMOUNTS. (A) The Initial Prepayment Amount for each Tax Parcel located within the Benefit Area shall be computed by determining the total Project Cost, subtracting from that the Avatar Properties, Inc. contributions and Debt Service Reserves, divided by the total number of benefited Tax Parcels as described in Section 3.01 (B) Following issUance of the Original Obligations. an Adjusted Prepayment Amount for each Tax Parcel, Other than those Tax Parcels as to which the Capital Assessment has been prepaid prior to issuance of the Original Obligations, shall be computed by multiplying (1) the a~'6unt computed by dividing (a) the Initial Prepayment Amount eStablished herein fcJ~r sUch Tax Parcel by (b) the aggregate Initial Prepayment Amounts for all Tax Parcels within the Benefit Area. excluding those Tax Parcels as to which the Capital AS§essment has been prepaid prior to issuance of the Original Obligations, by (2) the''~ '~ shall be computed as~e sum of (1) the Annual Debt Service Component and (2) the Prepayment Amount f0~ Section 3.05(H) hereof,,~ (C) Following issuanl "of any Refunding Obligations, a new Adjusted Prepayment Amount for each Tax 15_~rcel, other than those Tax Parcels as to which the Capital Assessment has been p!epaid prior to issuance of such Refunding Obligations, shall be computed by multi.P!~iing (1) the amount computed b7 dividing (a) the Adjusted Prepayment Amount for~uch Tax Parcel by (b) the aggregate Adjusted Prepayment Amounts for all Tax Pa'r~els within the Benefit Area, excluding those Tax Parcels as to which the Capital AsseSSment has been prepaid prior to issuance of such Refunding Obligations, by (2) th~pr~nc~pal amount of such Refunding Obl~§at~ons, The Adjusted Prepayment Amount f~Ji;,~each Tax Parcel shall be revised annually, as provided in Section 3.05(H) here "o[.~ SECTION 3.05. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS. fha annual Capital AssesSment shall be computed for each Tax Parcel in the manner set forth in this Section 3.05. (A) DEBT SERVICE AMOUNT. A "Debt Service Amount" shall be computed for each Fiscal Year as th_e. amount which would be payable in respect of the Obligalions in accordance with a deb"t~service schedule wherein the principal and interest installments equal those establishe'(J in the Funding Agreement. (B) PREPAYMENT MODIFICATION FACTOR. A "Prepayment Modification Factor" shall be computed for each Fiscal Year by dividing (1) the amount computed by subtracting (a) the su~"bf the Adjusted Prepayment Amounts, as of the date on which the Obligations are issued by the County, for all Tax Parcels as to which prepayment has been made following issuance of the Obligations, from (b) the total principal amount of Obligations~.lnitially issued by the County. by (2) the total principal amount of Obligations initially is~i~d by the County. (C) MODIFIED DEBT SERVICE AMOUNT. A "Modified Debt Service Amount" shall be computed for each Fiscal Year by multiplying (1) the Debt Service Amount by (2) the Prepayment Modification Factor. (D) ANNUAL DEBT SERVICE FACTOR. An "Annual Debt Service Factor" shall be computed for each Fiscal Year by dividing (1) the Modified Debt Service Amount by (2) the aggregate Adjusted Prepayment Amount. (E) ANNUAL DEBT'~$ERVICE COMPONENT. The "Annual Debt Service Component" shall be computed for each Fiscal Year for each Tax Parcel by multiplying (1) the Adjusted Prep .~.~ment Amount for such Tax Parcel by (2) the Annual Debt Service Factor· ' ~ (F) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount" shall be computed for each Tax. Parcel as the maximum discount allowed for early payment under the Umform Assessment Collecbon Act, such amount to be calculated by deducting (1) the Ann~l Debt Service Component from (2) the amount computed by dividing (a) the Annua~:~)ebt Service Component by (b) (G) (~APITAL ASS~[~SMENT. The annual Capital Assessment for each Tax Parcel ncipal amount of the Original Obligations. The Adjusted ;ach Tax Parcel shall be revised annually, as provided in Statutory Discount Amount. (H) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon ~ssuance of the ad valorem tax bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be re-compUted by deducting (1) the amount computed by (a) dividing (i) the principal componen~t~f the Debt Service Amount utilized to compute the Debt Service Component fo~ithe Assessment Roll by (ii) the total Debt Service Amount utilized to compute the Debt Service Component for the Assessment Roll and (b) multiplying the result by the Annual Debt Service Component included on the Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount utilized to compute the annual Capital Assessment included on the Assessment Roll for such Tax Parcel. SECTION 3.06. INITIAL PREPAYMENT OPTION. (A) On or prior to the thirtieth calendar day following the date on which the County adopts the Final AssesSment Resolution, the owner of each Tax Parcel subject to the Assessment shall be entitled to prepay all future annual Capital Assessments upon payment of the Initial Prepayment Amount. The Board. ,n its sole discretion, may eject to accept prepayments pursuant to this Section 3.06 on any date prior to execution of the Funding Agreement. (B) The amount of all prepayments made pursuant to this Section 3.06 shall be final. The County shall not be required to refund any portion of a prepayment if the actual Capital Cost of the water and wastewater facilities is less than the estimated Capital Cost upon which such the Initial Prepayment Amount was computed. SECTION 3.07. ADDITIONAL PREPAYMENT OPTION. (A) Before the thirtieth calendar day following the date on which the County adopts the Final Assessment Resolution, or such later date as the Board may allow in its sole discretion, the owner of each Tax Parcel subject to the Capital Assessments shall be entitled to prepay all future unpaid annual Capital Assessments upon payment of an amount equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount, computed at a rate one full percentage point in excess of the rate on the Obligations, from the most recent date lo which interest on the Obligations has been paid to the next date following such prepayment on which the Cour:ty can redeem Obligations after providing all notices required to redeem all or any podion of the Obligations. (B) During any period commencing on the date the annual Assessment Roll is certified for collection pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes become delinquent, the County may reduce the amount rec~bired to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the amount of the Capital Assessment that has been certified for collection with respect to such Tax Parcel. (C) The amount of all prepayments made pursuant to this Section 3.07 shall be final The County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Water and Wastewater Facilities is less than the amount upon which such Adjusted Prepayment Amount was computed, or (2) annual Capital Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 3.08. MANDATORY PREPAYMENT. (A) If at any time a tax certificate has been issued and remains outstanding in respect of any Tax parcel subject to the Capital Assessment, the owner shall prepay all future unpaid annual Capital Assessments for such Tax Parcel if the County, at its sole option, elects to accelerate the Capital Assessment, The amount required to prepay the future unpaid annual Capital Assessments will be equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount, computed at a rate one full percentage point in excess of the rate on the Obligations, from the most recent date to which interest on the Obligations has been paid to the next date following such prepayment on which the County can redeem Obligations after providing all notices required to redeem all or any portion of tile Obligations. (B) During any period commencing on the date the annual Assessment Roll ~s cedified for collection pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes become delinquent, the County may reduce the amount required to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the amount of the Capital Assessment that has been cedified for collection with respect to such Tax Parcel. (C) The amount of all prepayments made pursuant to this Section 3.08 shall be final The County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Water and Wastewater Facilities is less than the amount upon which such Adjusted Prepayment Amount was computed, or (2) annual Capital Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel located within the Benefit Area that ~s subject to the Capital Assessment, and compliance with the conditions set forth below, the Initial Prepayment Amount for such Tax Parcel (or, if the Obligations have been issued, the Adjusted Prepayment Amount for such Tax Parcel) shall be reallocated among the subdivided parcels. (B} In order to have the Initial Prepayment Amount for such Tax Parcel (or, if the Obligations have been issued, the Adjusted Prepayment Amount for such Tax Parcel) reallocated in connection with any such subdivision, the owner shall be required to apply to the County and comply with each of the following conditions: (1) a recorded pla[i "approved site plan or comparable document must be provided to the County sufficient in detail to describe adequately the location of the Tax Parcel and the individual parcels in the proposed subdivision: (2) the Property Appraiser must have assigned distinct ad valorem property tax identification numbers to each individual subdivided parcel or committed in writing to assign such numbers ~brior to the next ensuing August 1 or any later date approved by the County that will not prevent timely certification of the Assessment Roll in accordance with the Uniform Assessment Collection Act; (3) at the expense df the property owner, an appraisal mus~ be provided by a County-approved "certified general appraiser," as defined in Section 475611 (g), Florida Statutes, which indicates the fair market value of the Tax Parcel prior to the subdivision and the fair market value of each individual subdivided parcel; ~n determining the fair market value of the individual subdivided parcels, the appraiser may take into consideration any infrastructure improvements that are then under construction if funds sufficient for their completion are secured to the satisfaction of the County Attorney; : (4) a proposed reallocation of the Initial Prepayment Amount (or. if the Obligations have been issued, the Adjusted Prepayment Amount) to each individual parcel must be provided to the County; provided however, that no portion of the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) may be reallocated to property proposed for dedication to the public or to common use of the subdivided parcels; (5) the fair market value of each separate parcel after the subd~'.,~s~on must be at least five times the Initial Prepayment Amount (or, if the Obligations hove been issued. the Adjusted Prepayment Amount) reallocated theretol and (6) the property owner shall pay an assessment reallocation fee to the County for each individual parcel resulting from the subdivision, in an amount to be established by resolution of the Board of County Commissioners. (C) If the owner of any Tax Parcel subject to the Capital Assessment subdivides such Tax Parcel and fails to comply with the foregoing conditions, the County shall reallocate the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) among the subdivided parcels, based upon the land value, without improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole~b~tion, the County may obtain an appraisal of the subdivided parcels at any time an'd reallocate the Initial Prepayment Amount (or, ~f the Obligations have been issued, the Adjusted Prepayment Amount) based upon the land value, without improvements, reflected in the appraisal. If an appraisal is obtained, the cost of the appraisal will be allocated among the subdivided parcels on the basis of the value reflected therein and added to the Capital Assessment for each subdivided parcel in the Fiscal Year following receipt of the appraisal. The Board legislatively finds and determines that the foregoing method of reallocating the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) among subdivided parcels is fair and reasonable, taking into consideration the opportunity for reallocation availableto the owner and the requirement to provide adequate security for the Obligations. .~. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act 12 SECTION 4.02. SEVER.ABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein, SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this //,,~Cday of ~. ~ ,1999. (SEAL) A"I-i"EST: ' DWIGHT E. BROCK, CLERK Approved as to legal forr~ and sufficiency I~avid C. Weigei ~ County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , / PAMELA S. MAC'KIE, CHAIR~/VOMA~ / 13 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published [INSERT MAP OF BENEFIT AREA] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPEC:AL ASSESSMENTS IN THE GOLDEN GATE PARKWAY BENEFIT AREA Notice is hereby given that the Board of Commissioners of Collier County will conduct a public hearing to consider creation of the Golden Gate Parkway Mur;~cipal Service Benefit Unit, as shown above, and imposition of special assessments for the construction of water and wastewater facilities. The hearing will be held at [insert time] on [insert date], in the [insert location], for the purpose of receiving public comment on the proposed Benefit Area and assessments. All affected properly owners have a right to appear at the hearing and to file written objections with the County Commission within 20 days of this notice. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made. including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the County Administrator at [insert telephone number] at least seven days prior to the date of the hearing. The assessment for each parcel of property will be based upon a per lot basis, The geographic area of each parcel of properly is set forth in the Initial Assessment Resolution adopted by the County Commission on [insert date]. Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are available for inspection at the office of the County Administrator, located at [insert address]. The assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title The County Commission intends to collect the assessments in [insert number] annual ir;stallments, the first of which will be included on the ad valorem tax bill to be mailed in November 1999. If you have any questions, please contact the County Administrator at [insert telephone number]. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 14 APPENDIX B FORM OF NOTICE TO BE MAILED [INSERT NAME OF COUNTY OR DEPARTMENT, ADDRESS AND PHONE] [insert date] [Property Owner Name] [Street Address] [City, State and zip] Re: Parcel Number [Insert Number] Golden Gate Parkway Benefit Area Dear Property Owner:~ As you should be aware, the Board of County Commissioners is considering creation of the Golden Gate Parkway Municipal Service Benefit Unit for the construction of water and wastewater facilities. The cost of the water and wastewater facilities will be funded by assessments against property within the Benefit Area. The assessment for each parcel of property is based on a per lot basis. The geographic area of each parcel of property is set forth in the Initial Assessment Resolution adopted by the County Commission on [insert date]. Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are available for your review at the offices of the County Administrator, located at [insert address]. Information regarding the assessment for your specific property is attached to this letter. The County intends to issue debt to finance this assessment project This will permit the capital cost attributable to your property to be amortized over a period of [insert number] years. However, on or prior to the thirtieth calendar day following the date on which the County adopts the final assessment resolution, you may choose to prepay your assessment in full ($... to cover your share of the capital cost) and avoid the additional financing cost. If you do not choose to prepay on or prior to the thirtieth calendar day following the date on which the County adopts the final assessment resolution, the amount necessary to pay your assessment in full will be increased by your share of the financing cost. The annual assessment will include your share of the principal, interest, collection cost, and the maximum discount allowed for early payment under the Uniform Assessment Collection Act. The maximum annual assessment is estimated to be $~ per lot. However, the actual annual assessment cannot be determined until the debt is secured and then the assessment may be lower. The County intends to include annual assessments on your ad valorem tax bill. Failure to pay your assessments will cause a 15 tax certificate to be issued against the property which may result in a loss of title. The Board of County Commissioners will hold a public hearing at [insert time] on [insert date], in the [insert location], for the purpose of receiving comments on the proposed Benefit Area and the assessments, including collection on the ad valorem tax bill. You are invited to attend and participate in the hearing. You may also file written objections with the County Commission prior to or during the hearing If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the County Administrator at [insert telephone number] at least seven days prior to the date of the hearing. Questions regarding your assessment and the process for collection may be directed to [Insert name and telephone number]. [INSERT NAME OF COUNTY OR DEPARTMENT] * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE ..... Golden Gate Parkway Municipal Service Benefit Unit [Property Owner Name] Parcel Number [Insert Number] Prepayment amount before loan is issued (no financing cost): [Insert Amount] Prepayment amount after loan is issued (includes financing cost): [Insert Amount] Number of annual payments for capital cost: [Insert Number] Maximum annual payment for capital cost: [Insert Amount] Expected date of first bill: November 1999 * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE RESOLUTION NO. 99-.~.0 A RESOLUTION ESTABLISHING THE COLLIER COUNTY COMMUNI'IW HEALTII CARE REVIEW COMMI~FFEE FOR THE PURPOSE OF REVIEWING EXISTING HEALTH CARE SYSTEMS 1N COLLIER COUNTY; TO DETERMINE IF ADEQUATE ACCESS AND tlEALTlt CARE IS AVAILABLE T() AI.I. ¢)F TIlE RESIDENTS OF COLLIER COUN'I~ AND IF NOT TO RECOMMEND A(TFIONS THAT MIGHT BE TAKEN TO ADDRESS ANY LAPSES IN ACCESS OR COVI']RAGI'~ WHERE. AS, MI health care provided directly to this commuu,w certain limited care prox'ided to ve~' limited populations by the Collier (]rnmtv I leahh are provided through pm'ate heahh care providers. WHEREAS, there is no oversight of the m.'my different hcahh carc ~vswms ~,, ~ ,:'.,,re that all of Collier Coun~,."s residents have adequaw access to affordable heahh c;Irt', alRI WIIEREAS, the ¢~llier Count? (.'om:niss~¢m during Its ammal s,r. cg~c pi.mn,,: ~c~s,,,,~ chscussed ~d a~ to omsider impaneling a con~ittee of inw~.sled arc.i ;l~t'llclt... ]~ dill providers ~d co~uniD' leaders to review this suhwct for ;1 fixed one ye;ir ix.H,M. NOW TIIEREFORE, BE IT RESOLVED BY TtlE BOARD OF C(}UN'I'Y COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: SECTION ONE. Creation of the Ad Hoe Collier County Community Ih';,hh (:are Committee. Pursuant m the provisions (ftC'oilier C, nmrv ¢)rdinance N,, 86-41. as amcmh d. d,,. l~.,,'d of ~unD- O~issioners hereby creams the Collier Cbmn~' Cfm:reunify I h.ahh (]arc ~, ,,:m,,m.c as ~ ad-hem advisog, committee for a ~ri¢~] of not to excel.ti one (1)' ye.ir from {}It' d itc of this Resolution. SECTION TWO. Appointment of Member~ and Failure to Attend MeetinRs. The following members are hereby aplxfirm, d to the C,,ll,cr (.'outlr¥ (~Tlmi.ee: l Ieahh Care Providers: Naples Communin.. f [ospital Cleveland Clinic CS~llier County Medical ~x:ie~,' Senior Friendship Center Neighborhocxl I Ieahh Clinic, Inc. David Iawrence Cemter tqorida Nurses Asstx:iation, District 29 Retired Physicians Association CommUnie.· lx'aders: Collier County Medical Alliance Cl~arnber ,..,f (!ommerce Economic IX. velopment Counc,I Collier C. ounh.. Public [ {eahh and } {uman ~'ices ]~ard for Dt. pamncnt l ~';l~]e Of ~X'omen X'oters Ci~. of Naples Ci~. of Ma<o Island 3 Citiz~s At Izlrge Advisors: l lealth Planning (5'mncil of &mthwest I qorida Memal Health Association Collier C~un~' [ [eahh l~aument } {eahhy Kids (5,unc~l If any n~mlv..r of the Collier ())unty lie;dill Caw (]onm'~mt c ~s al)scm ir, mi v.v,, ' , ~r' tnorc cons<urive meeting~ without a sattsf;<tocv ¢.xcu~c, such m{.'m~K'r'$ i~s:r~{,n m:,v Iw dccl.i, ,t v.ik'311! by the Board of C. ount3- Commi.~sioners. SECTION THREE. O~cees; Quorum; Compens~ation. The officers of d~c Collier County (;¢)111111ttlllt¥ Ilcahh r:are I~r,111iI~lrl( e q~;dl I,~ , [,cwd I)v the meml~hip of thc ~.,~ittee and shall include a Chairman 'and V,ct,-r ]um~;m 'iht rff<.ight or mm ~1~ shall cons~itutt, a qu. tmm. "ll~e C.]licr (],mnly r ,,mmumtx Ih drh (];irt. Cr)mmirtee may adopt mits of pn~cdurcs fi)r the transaction of I)usines~ and q~,dl k(;ct.. ,, ,nix r,l' meetinh~, findin~ ~(I dete~inati(ms, 'l%e meml~ of dsc (]r)mm=m'e shall ~'~x~ com~.nsafion, but may I~ ~imbu~ fi)r travel, mileage and/or ~.r dwm t,xj~.tl., .. approved, in ad.ce, by rl~c ~a~ r)r Count. C,.nmis~ioners SE~ION FOU~ Functions~ Powem and Duties of the Collier C~unb. (;ommunhv I le2hh C~re Committee. ']lie function.i, powers and dunes .f Ih(, C-Ilier (~OUIII¥ Ct~rnmtllllt¥ j lt',lhh shall Ix: re examine thc cxssring h~ald~ ore sv~rem~ in place i'-r ;ill ¢:tdhcr ~:.unl:, dctcnntn(, if in ~e ()pmi,m .f fl~c c~)tl~milrt.t, th(ri, is adeclUaV(. ;wcc~ and t';llt' [~pula~irms. and if il is dctc~mml Ihal rht. rc is ,nsufficienr acces~ or ca... Ibc ('~mr~u~r('t. shall review the optics [or cr~rrt'cling such ~l[~s ,Irid m;Ikt' recommc'nd,trlofl5 tf] ih( l'r~rm ~*t ,m tub,il T~l~,rf r. d~e l~)ard of ~n~' Commissioners. ~lu,n b~)king al pr~)~)~cd r,pnr,~l~ access or care. ~lpmv~l use of existing resources shall I~ the prct~'rrcd (,l~m,r~ cc)re, id, ,,'d 'l])(' commtt~t,e sh~l ~F particular art~lu)n to prcv(.n~we and prim;l~' care ~(.r~'tct,s <mnu~ d. , , ,l'tt'~ Iht u~e of existing hOl~ care funding sr)urces. :snd/.r private fur~dm~1 shall Ix' c~,,l~i(h,..d fimds of any so~ All ~fin~ office Collier (~t)un~' (~t)mmum{v 1 leahh Care C,,mm~m.t, public and shall ~ ~vemect by fl~e Sunsh:me Law All' meeting,s shall Ix. held ;d'..r .'a<, ,u.~5 h. puhh~ nonce i~ pmvid~ as m the I,~afion, ~ime ami 5ubwc~ mai~cr of Iht. mcch '[~is ResOlufi~m adopted diis//~ day .f ~ .......... I'~'~') :mcr I):lvid C. Wcigel: ,: r:,)un~...'\tlr)racy ! ! r~ The Greater Naples :_. __________ Civic Association M~:ch 19, 1999 578 Goodle~e Road South Naples, Florida .33940 (813) 262.242,1 Pa.'nde S. Mac"Kie, Chalt~,~m~.n Collier County Board of Coun~ Commissioners 3301 £:~st Tamiami Trail Naulc~. FL 3,1112 Dear Commlssionev. Mac"Kie: 1-h,e Gr=at~r Naples Civic A.s.sociation (ONCA) hss {emmed of~e County Coramis.sion's mte.e.: ,n oeati, ng a ccmmi~ec co look at ~e sy~ctas ~*t ~'c providing for this com."nuni5.'s health care n:eJs. Fo {v,~mg thc I,,udable efforts of the FOCUS group, the ONCA adopted a eommir:~ o('it.s own ~I!~ the Collier C,.,u,tv He.fith C-,,e T~k Force '['~is group ~s f~'m~[ simply hecta, se it ~ felt that heshh cm'e w-a.s ~n ~ssue ofsomc ct'ns~d~al~le cemmuntt-~ ,meres~ and deser~ed to be pursu~ further. In the recur me~mg wi~h Dr. Konissberg. the PuNic Ht~Ith Direr. or ~d Tom Olliffofyou.. ~t.*lE it uts agre,~ ~hac lt:,=e is no need foe ¢oml~in8 c, omm~.e~s. Further. sstfile GNC^ believes the subjec~ ,s m~por'tant, there is no sense of'ownership by our ttsoci~,tion: we don't care who docs it or who gets the fac'. it would probably be mote eft. ti. if il ha,d the full weight of the County behind a~c.~ ~o send this letter suppor~{ the County s eff'or~ and to expre..s its v.5'llingness ~o l',ble mdef'micelv the Coi{i~ Coun~ Heslth Crate Task Force committoc, upon the formation ora stmilar comm,,~e,- ,: .'he Cou,~ty :eve!. T'ne:e has ~ considembl{ work doue by Ken Abemathy on behalf of GNCA pa.~icipafion on the Collier County Ec:~lth Cm'e Tzsk Force. as you no~e fi.om the member, sh,p ~ter provided. We lee{ :hat many of t.hes~ ;e~le should b~ consider~ for any comminec devoted :e the subyec~ a:-,~ hope chat this would be a r:at':mg point ofl.qy County commine~ thn~ is formed. We ar-. mcoutag~ bythe Commission's intetet, in t~his subject ~cl will s~d ~. to hear v.&a~. ~f any. action will be tak.,,'~, in regar~ Ce ',his issue when il is N'ou~,h! for~tatd by yotu' or.ny ~ssis:anc-. wi:h this ot my athet manet ofmu~ml S L-:c~. cb., Grater Naples Ctv~¢ A~ociation '2 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARY E. GIDDENS, JOHN DALE GALLAGHER AND PHILLIP C, SHERROD, AS TRUSTEES OF THE ROBERTS FAMILY TRUST DATED SEPTEMBER 21, 1994, with full power and authority either to protect, conserve and to sell or to lease or to encumber or otherwise manage and dispose ol' the real property described herein, (hereinafter referred to as 'Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred ID as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real prop~:rty (hereinafter referred to as "Property"), located in Collier County. State of Florida, and being more padiculady described as: Tract "D" of Roberts Ridge, a subdivision recorded in Plat Book Page 100 and 101, of the Public Records of Collier County, Florid~ Subject to easements, restrictions, and reservations of record WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such s;d(; and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and tile respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars (S10.00). the receipt and sufficiency of which is hereby acknowledged, it is agreed as fotlows 1.01 In consideration of the purchase price and upon the terms ,~,nd conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAY 2.01 The purchase price (the "Purchase Price") for the Property shal~ not be less than SIX HUNDRED THOUSAND and NO/100 DOLLARS (S600,000). ] hr; PURCHASE PRICE shall be SIXTY-EIGHT THOUSAND, ONE HUNDRED EIGHTY TWO DOLLARS AND NO/100 ($68,182) per acre for the 8.8 acres within Tract "D" as dt':termined by a survey previously obtained by the Seller. The Purchase Price shall he paid in U.S. Currency and shall be payable at time of closing. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held after September 30, 1999, following execution of this Agreement by the Purchaser but not later than November 30, 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the padies in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser tho items specified herein and the following do~:uments and instruments duly ,;xecuted and acknowledged, in recordable form: 3.0111 A Trustee's Deed in favor of Purchaser conveying title t~ the Property. free and clear of all liens and encumbrances othor than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and C~;rtification" as required by the Internal Revenue Service, 3.01,16 Such instruments as may be required by the t~tle insurance underwriter in order to insure the "gap" and issue the policy c~.mtemplated by the title insurance commitment. 3.012 At the ClOsing, the Purchaser, or its assignee, shall cause to be dehvered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amour:t equal to the purchase Price. 3.0122 Funds payable to the Seller representing the cash r)ayment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's ~ees. Sellor, at its sole cost and expense, shall pay at Closing all documentary stamp ta×~:s due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such o~her time as specified within this Article, Purchaser and/or Seller, as the case may be. shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc., or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4,012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable, If any objections to title exists, and upon notification by the Purchaser of such objections, Seller shall have thirty (30) days Io remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as il then is, waiving any objection; or Purchaser m~,'v lerminate the Agreement. A failure by Purchaser to give such written notice of terl-nination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, obtain a current survey of the Property prepared by a survoyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Properly, if any, to Purchaser wdhin thirty (30) days of executioq of this Agreement. V. 5.01 Purchaser shall have ninety (90) days from the date of this Agreemunt (Appraisal Period), to obtain two (2) independent appraisals in order to determim; the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with thJ~ results of the independent appra;sals, Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fa4s to notify the Seller in writing of its specific objections as provided herein, it shall be d<;emed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects ta terminate this Agreement copies of the appraisal reports shall be furnished to the Seller 5.03 Seller a,cknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of the two (2) independent appraisals, the Purchasor is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shal! terminate and the parties shall bear their own costs. 6.01 Purchaser shall have one hundred twenty (120) days from [h~, date of this Agreement, (",!n~pection Period"} to determine through appropr ate nves ~gation that' 1. Soil tests~a~,nd engineering studies indicate that the Property can be developed without an~ abnormal demucking, soil stabilization or foundations. 2. There are~n~J abnormal drainage or environmental requirements to th~., development of the Property. 3. The Property is in compliance with all applicable State and Federal ~mvironmental laws and the Property is free from any pollution or contamination. 4. The property can be utilized for its intended purpose. 6.02 tf Purchaser is not satisfied, for any reason whatsoever, with thn r,.}sults of any investigation, Purchaser shall deliver to Seller prior to the expiration ol the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its spocific objections as provided herein within the Inspection Period, it shall be deemed that th(; Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results comrnissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim r~ade agmnst Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. P__OSSESSlON 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Twenty-Five Thousand Dollars ($25,000.00) shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties arising out of this Agreement, the prevailing party in such litigation or other action sha'.i be entitled, in addition to such relief as may be granted, to an award of a reasonable sum for its attorney's fees, paralegal charges and all fees and costs to include investigations, trials, appeals, post judgment proceedings and bankruptcres; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND__W_A_,R._R_A~__TiES 11.01 Seller and Purchaser represent and warrant the following: 11.01 lA Seller is the owner of the Property in fee simple. 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been 4 obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. All representations and warranties shall survive the closing,. ~'~ ,-, (~. ,-~. ,-.,~,¢J :.~' ~-,....¢, (~'/) y~:: Z~ //,, ~. 11.014 Seller represents that it has no knowledge of any actions~ suits, claims, proceedings, litigation or invesligations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any olh~:r property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any r~ght or el)hen to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbra,~ce, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer syslem. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Properly has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller has no knowledge that storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Sellers operations concerning the Property are in violation of any applicable Federal. State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has n~}t complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property. and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental inw.~stigations or requirements, formal or informal, existing or pending or threatened whi(:h affects the Property or which adversely affects Seller's ability to perform hereunder: nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees nol to onter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in [he zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Prop~my. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasseding [he foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fues) asseded against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"). which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ('SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser. hereunder, shalt survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense, except as provided in Paragraph 6.03. 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail. return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Roberts Family Trust c/o Dallas Townsend P. O. Box 1110 Immokalee, Florida 34143 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 13.01 The Seller acknowledges that Gulf Citrus Properties, Inc. has been engaged as the sole real estate broker and that any and ali brokerage commissions or fees earned by Gulf Citrus Properties, Inc. shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. The Seller will accept no responsibility for brokerage commissions or fees incurred through the actions of the Purchaser. xlv. 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the padies. 14.02 This Agreement and the terms and provisions hereof shall be etfecl:.e as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parti.es hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the numbe¢ and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of ~my provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 tf any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 before Property held in such capacity is conveyed to Collier County. (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.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15,01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller, Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals, Dated Pr. oject/Acquisition Approved by Bcc: '-/~y ~./,/~,~,? AS TO PURCHASER: DATED: "~ ~//./?,~, ATTEST: ;.DWIGHT E. BROCK, Clerk COLLIEF~UNTY. FIjO~DA , £'~!"'/~' ~ F,'c/~,4' A/'.', Deputy Clerk Attest &~_T~LLE~: signature DATED: BOARD OF COUNTY COMMISSIONERS PAMELA S. MAC'KIE, Chairwoman WITNESSES:, / .L ,. '..., /~ :~i:, ~, .~.~./' FIRST WITNESS (Signature) /'~.,"F, '~ ~f %,_,_ '...~-~;. ~.../ (P~iht Name) ,~_. . S~OND WITN E S ~..(_S_ignature) ..' (Print Name) FIRST ,WITNESS (Signature) (Pdnt Name) ~.. S~COND WlTNES~nature) (Print Name) F~RST W~T~SS ~i~n~t~:e) / (Prat Name) ./ ~ , _ . .',~ ~- ' ~ ~ECOND WlTNES~ignature) . (Print Name) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney ? MARY'E. GI~)D~:NS, TRUSTEE -' / OHN DALE GALLAGH,./ER, TRUSTEE PHILLIP C. SHERROD, TRUSTEE '"~"* October 13, 1998 Moving on then to item 8(A), recommendation to approve the fiscal year 1998/99 bicycle and pedestrian program project list for countywide pathway construction. COMMISSIONER CONSTANTINE: Move approval. CHAIRPERSON BERRY: Mr. Battis probably would like to say a few words, would you, Jeremy? MR. BATTIS: Just a couple. CHAIRPERSON BERRY: Okay. COmmISSIONER CONSTANTINE: I'll withdraw my motion. ~R. BATTIS: Thank you, Madam Chair, members of the committee -- members of the commission. Jeremy Battis, bicycle coordinator. I have for your submission today 10 projects brought to you by the bicycle and pedestrian program and its advisory committee, the pathway advisory committee. These 10 projects will add approximately five and a half miles to the existing network in the neighborhoods of East N~ples, Golden Gate and Immokalee. And it's with my firm endorsement that the commission approve the recommendation. CHAIRPERSON BERRY: Okay. Commissioner Constantine? COMMISSIONER CONSTANTINE: Move the item. COmmISSIONER NORRIS: Second. COMMISSIONER MAC'KIE: Second. CHAIRPERSON BERRY: He told me he had a question. COMMISSIONER CONSTANTINE: I got mine answered. CHAIRPERSON BERRY: Okay, we have a motion and a second. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. Thank you very much. Item t8C1 REVIEW OF PRESERVATION PLANS AND FUNDING OPTIONS REGARDING THE HISTORIC ROBERTS RANCH PROPERTY IN IMMOKALEE - OPTION "B" APPRO~IKD W~! CONDITIONS Item 8(C) . This is a review of the plans for funding options regarding the historic Roberts Ranch property, located in In~okalee. MR. FERNANDEZ: Madam Chairman, I must apologize, I was trying to manage all of these signup sheets, and I had missed Cheryl Newman, who had asked to speak on that last item, the pedestrian -- COMMISSIONER CONSTANTINE: She's waiving. MS. NEWMAN: That's okay, I just wanted to say thank you. COMMISSIONER MAC°KIE: You're welcome. CHAIRPERSON BERRY: We appreciate that, and we accept your thanks, Cheryl. Thank you. COMMISSIONER HANCOCK: Go ahead and have a few minutes saying thanks, Cheryl. Page 7 8C3 October 13, 1998 MR. OLLIFF: Good morning. For the record, Tom Olliff, the county's public services administrator. This item originally came to you, I believe, two weeks ago under a public petition where the Roberts trust was asking the county commission to consider the purchase of some additional acreage adjacent to property already owned by Collier County for use as a preservation and historic site. I think if you've had an opportunity to review the executive summary before you, what we've tried to focus on were ways that the County Commission might be able to purchase that property and the funding mechanisms that were available in order to be able to do that. If you'll look primarily at the fiscal impact statement, I think we've tried to show you some financial opportunities in both the tourist development tax and through an MSTU, and in both cases, obviously looking to try and obtain and use some of the state historical grant preservation funds that were the same type of funds that we used in order to be able to restore the Everglades City project. In terms of the actual property and the preservation plans that are included in your executive summary, I'll allow Mr. Jamro, your museum director, to provide you a little more detail about the different types of preservation plans that we have there in the executive summary for you. MR. JAMRO: Good morning, commissioners, Ron Jamro, your museum director. And I apologize, it's a little hard getting through that hallway at the moment, it's kind of jammed. But as an historic site, Roberts Ranch's credentials are by now well enough known. And as one of Collier County's premier historical resources, it certainly is preservation for future generations and merits our careful consideration. We took what you had to say to us last time to heart and began to search for options that would help to preserve the ranch without resorting to general fund tax dollars. It is a rather involved exercise that ultimately begins with a board decision on exactly how much of the ranch the homestead can and should be preserved. At least three plans are presented to you in your sun~ary. The first limits our efforts to restoring only the original 4.1 acre site that was gifted to the county by the Roberts family in 1996. There are advantages and distinct disadvantages to this plan; the greatest of which I think is perhaps the risk of one day seeing an historic remnant of the ranch sandwiched between modern development, and too small to be truly useful or completely believable. The second plan, plan B, involves a significantly larger site, encompassing all of the historic structures and elements by purchasing the adjoining 8.8 acres, that's tract D, of the original homestead. And that is what Mrs. Sherrod had come to you with a public petition in September to ask about. The costs associated are naturally higher with this plan, but it keeps the ranch buildings intact, preserves the coherent shape and feel of the historic property. Page 8 October 13, 1998 The third plan, and the one which in fairness we have to suggest to you as well, is to simply abandon the project. I don't personally support that, but that is certainly an option. Once a particular plan and direction is determined by the board, then it simply becomes a matter of assigning the costs and finding the resources to accomplish the project. We feel that a successful strategy will involve the use of tourist development tax revenues as a catalyst, and to apply these funds in combination with individual and corporate gifts, to leverage a succession of state historic preservation grants. That could be for perhaps half tke cost, ultimately. As many as three separate applications might be needed to the state, and the project completed in about five to six years, would be my guess, and that compares favorably to the 10 years it took us to do that process for the restoration and reuse of the museum of the Everglades in Everglades City. That is the essence of it, and I am here certainly to answer any questions the board might have on any of these options. And I know we have some interested citizens as well who can also speak to the issue in various details, if you need that. CHAIRPERSON BERRY: Commissioner Mac'Kie, do you have any questions? COmmISSIOn;ER MAC'KIE: I'm just anxious to hear more of the details. CHAIRPERSON BERRY: Okay. Commissioner Norris? COMMISSIONER NORRIS: No, I want to hear what else we have. CHAIRPERSON BERRY: Any questions at this time? COMMISSIONER HANCOCK: I'll hold my comments. I'd -- CHAIRPERSON BERRY: Okay. COmmISSIONER HANCOCK: -- 'til I hear more. CHAIRPERSON BERRY: Do we have speakers? MR. FERNANDEZ: Yes, Madam Chairman, you have three speaker's on this subject. First two are Dudley Goodlette and Maria Stone. COmmISSIONER HANCOCK: It would be The Honorable Dudley Goodlette. MR. GOODLETTE: Good morning, Madam Chairman, members of the commission. My name's Dudley Goodlette. I appear before you today I guess officially as my -- in my capacity as representative elect for District 76 in the Florida house of representatives. I merely wanted to -- (Applause.) MR. GOODLETTE: I merely wanted to take a moment of time, after reviewing your agenda, Madam Chairman, this morning to let you know that in my new office I will lend whatever help I can to complement the important public policy decision that you're about to make this morning to seek historic preservation grant funding for this project. I have worked with Barbara Cacchione and the members of the long-range planning committee with -- during the time ~hat I've served on the Economic Development Council in Collier County. This is a very, very important community project. As all of you Page 9 803 October 130 1998 know, the Main Street program in Immokalee is a -- we hope to be a successful one. It's clearly an important one. This property is ideally located within that mainstream project. And for all of the reasons that you know so well, and I won't belabor those points, and I assure you that during my term of office I will not abuse the privilege of -- and it is a privilege to appear before you. But this I thought was an important enough subject to appear and to urge you to take -- to move this project forward, and it is a public policy decision that you must make, but I wanted you to know that I will lend the full support of my new office to assist you in that endeavor of going forward. Thank you. CHAIRPERSON BERRY: Thank you very much. M~. FERNA~IDEZ: Next speaker is Maria Stone and then Pam Bro~. MS. STONE: Good morning -- CF~iRPERSON BERRY: Good morning. MS. STONE: -- Madam Chairman and commissioners. I'm Maria Stone. I live in Naples, and I'm a former teacher in Immokalee. And I have written 20 plus books, published by my husband, Peter Stone, solely to preserve the folk history of Collier County, hopefully for use in our schools. We must preserve the past for the future. The future I'm referring to is the ever increasing population of the children in Collier County. They are the future. I believe preserving local history and teaching it provides children with a sense of wonder and ~owledge of times past. It provides a sense of belonging to a community, a sense of loyalty and pride in the roots of their home area. The Florida history is taught in the fourth grade all over the state. It was my view that I should motivate my class here in Collier County, as well as in other counties, by having local natives come to talk about the old days. And children love to hear about the old days. Tell me about the old days. My grandchildren even say that to me. ~en I was 35, I felt like that was kind of an insult. One local person I invited to my class in Immokalee was Mildred Roberts-Sherrod. After the talk, she invited my class, and for years after, to tour the family ranch. Everything was just as it had been when in operation. The class toured the home and looked at all the pictures and enjoyed the idea of living in a big ranch house. In the back hall were cowboy boots, and I felt like I was still back in cattle country. They went to the bunk house and imagined what it weuld be like to be a cowboy and live in that bunk house and spend your nights there and rise early to go to the cattle. The hide bins were still there. The smell was still there. The salt was still in the bins. There were some traces of hides. And immediately, the children wanted to know what those were. They were intrigued by them. And Mildred explained about some of it. And so I said to them, "Well, it looks to me like this is a good subject for us to do some research. What is made from cow hide?" Well, they were taken back in time at that ranch to 1914 when it was really in Page 10 October 13, 1998 oDeration. To me, isn't this really what education's about? Mr. and ~4s. Roberts and their nine children -- they had two more after they moved there -- have given much to Collier County. Several were teachers, some were in business, all providing jobs and supplying the area with much of their talents. ~4ildred, would you please come here? Please? This is Mildred Roberts-Sherrod, the youngest daughter of the nine. She has a brother, Bobby, who is still a cow hunter. ~4ildred, I want to ask you -- are you people aware that Mr. Roberts was one of the very first commissioners when this county was newly organized? COI~MISSIONER ~C'KIE: I learned it -- CO~ISSI©NER HANCOCK: Yes, but we won't hold that against him MS. STONE: Good. ' MS. SHERROD: He wasn't a politician. COmmISSIOn;ER HANCOCK: I know the feeling. MS. STONE: Now, Mildred, I wanted you to explain to ~hem the trip that he had t© take to come to his commission meetings. MS. SHERROD: Well, I well remember it. He had to ~o to Fort Myers, Maples, Marco, take a boat across to Everglades. i made one trip with him, and it took three days. CHAIRPERSON BERRY: That's dedication to the County Commission. MS. STONE: It certainly is. CO~4ISSIONER HANCOCK: And you folks talk about traffic today. MS. STONE: What part did you play when they were cow hunting? I believe you told me you were the person in charge of water What did they call you? ' MS. SHERROD: Oh, they didn't let me do that 'til I was 65 years old. Poppa wanted -- thought girls should stay home and do girl jobs. But I had a little jeep and I asked my brother if he didn't need a water boy; I wanted to go along on the cattle drive, which we drove from south Hendry County out to west Hendry County. Took two days, and it was quite an experience. It'd take a long time to tell about it. ~S. STONE: Do you have anything else you'd like ~o share? ~So SHERR©D: No, there's -- ~.~S. STOr'~E: There are so many thin~s. ~S. SHERROD: Yes. MS. STONE: And I know you have this book because I left it with you the last time. CO~.IISSIONER MAC'KIE: I can't tell you how much I'm enjoying it, reading it with my kids and letting them know where we are, who we are. Thank you so much. MS. STONE: Well, I hope the rest of them get a chance -- thank you, Mildred -- to read it. CO~ISSIONER NORRIS: Can we move on? MS. STONE: Now, not only was he a commissioner, but he and the two sons were also on the board of cattle -- Florida Cattlemen. Very active. I'm not scared in front of kids, I'm not afraid up here, but I'm Page 11 8C3 October 13, 1998 just so anxious to see this come about. On this same ranch, in 1870, on this same spot, Captain Hendry built a log cabin. I would like to read you just one sentence. CHAIRPERSON BERRY: Ms. Stone, I appreciate this, but we have time allocations -- MS. STONE: Yes, ma'am. CHAIRPERSON BERRY: -- and i think many of us are aware of ~- MS. STONE: Yes, ma'am. CHAIRPERSON BERRY: -- the history. I appreciate your dedication to this, and I know you're enthusiastic about this project. MS. STONE: Well, can you please give your support to this~ We need it for our future generations. ' CHAIRPERSON BERRY: Yes, ma'am, I understand. MS. STONE: We must not let this prize slip away. We'll be sorry in the future. Thank you very much. CHAIRPERSON BERRY: Thank you. COM~ISSIONER MAC'KIE: Thank you. M2R. FERNANDEZ: Final speaker, Madam Chairman, is Pam Brown. MS. BRO~: Good morning. CHAIRPERSON BERRY: Good morning, Pam. MS. BRO~: My name is Pam Brown. I am the Main Street projec~ coordinator. I'm also working with Visit Naples and Visit Florida in their ecotourism, trying to promote our area. My family, like the Roberts family, is one of the pioneer families of Immokalee, so my interest is also personal here to how this project is going for us in Immokalee. We have a lot of things that we have to offer out there. We want to be able to enhance Naples, to show that there is (sic) things over there that we do have It's very vital for us. ' We're working with Lake Trafford now, trying to get it restored. We're also working with Pepper Ranch and Preserve and our Main Street, and we'd really appreciate it if you would consider doing this for us. CHAIRPERSON BERRY: Thank you. MR. FERNANDEZ: No other speakers. CHAIRPERSON BERRY: No other speakers? At this time, commissioners, you have seen the proposals before you. I'll entertain any discussions, or if you have any questions regarding this. CO~ISSIONER NORRIS: There's one down there. CHAIRPERSON BERRY: Commissioner Hancock? COPE4ISSIONER HANCOCK: I was -- I guess it was mid last week, I was out in Immokalee talking about architectural standards and some of the problems they're having in meeting their architectural standards we adopted and whatnot. And that discussion kind of turned into not just architectural standards, but a long-term vision for the town of Immokalee. And it is, it's distinctly different than the coast and needs to be treated as such. We've invested a lot of money in Immokalee, through an incubator project out at the airport to try and get an economic base going Page 12 8C3 October 13, 1998 there, through grant applications that are resulting now in lighting, plantings and what not. And what has kind of failed to happen in all of that is it's kind of like working on one piece of a puzzle at a given time and never really putting them together to create a whole to get a single picture of what Immokalee can or should be. I think in looking at purchasing this land and making it a passive area for visitors, I think that's a fine idea, but I think it's an incomplete idea. If this project is going to be successful, it's got to go beyond a passive location for people to show up and visit and learn about history. It's got to become an engine of sorts to draw people to Immokalee. And from that point you will see some of the shops along main Street start to enjoy that traffic, you'll see some of the businesses in Immokalee, the restaurants in Immokalee start to benefit. I guess from my side, rather than saying that, you know, it's incomplete, let's get a new plan, I think we're actually looking at step one of something that we can use to provide a year-around economic engine in Immokalee. You may remember when through TDC funds we funded Rick Compton of some amount of money to do a traditional Seminole play somewhere out in the boonies of land he had secured that has never materialized. We probably could have burned that money and at least provided warmth for somebody, but we don't have anything to show for it. The idea came to me as I was going through Immokalee that if we have a historical site -- and we have no shortage of organizations in this to,~,' such as the Naples Players and others at differing levels -- we might have an opportunity on this site to have some type of a theater production year round that would portray the history of Roberts Ranch, the history of Immokalee, bring people to Immokalee, bring them there on motor coaches, you know, 40 and 50 at a time. And I know, Commissioner Norris, you were out west, you mentioned, and gone to places where they had active shows. I think what we're looking at, although it's going to be difficult to find a positive funding mechanism, is an opportunity that if we go a little bit further than what's being proposed here today, we ceuld provide a real economic engine in the tourism base for Immokalee, that if we let this slip away we're probably never going to have a chance to do it. So I would like to look at the option of proceeding with matching state funds to try to accomplish the acquisition, only if it's a part of a greater plan to bring this site together as a generator to draw people out there. Because honestly, I've been to passive historical sites before; they're nice to walk through, but they don't generate a lot of traffic. You need something to bring people there. If we're going to go that far with it, great. If we're going to go halfway and stop, then I think we're wasting our time and our money. And I think it just comes down to what level of commitment financially we as a board can make to see this happen. C}~IRPERSON BERRY: Commissioner Constantine? CO~<MISSIONER CONSTANTINE: That's a good suggestion. But one of the things we have consistently tried to do when we've put various Page 13 October 13, 1998 projects together or commit public money is prior to making that commitment, making sure there is something on the other side; making sure there are private funds being raised as well making sure there's a private commitment. ' I like the idea of having some sort of active thing there, but whether that's our historical group or someone else, needs to make a commitment and have that formally in place; who's going to participate, how is it going to become a reality, rather than just an idea, before I'm comfortable committing any money. Secondly, we can do that, frankly, on either one of these, whether it's preservation plan A or preservation plan B. I'm more comfortable with plan A for a couple of reasons, and not the least of which is the money. And we might explore B again in the budget process, but I hate taking additional monies just out of the blue in the middle of the year. You cannot compare that in a prioritization process the way you can during the budget process. And so we're six months away from starting the next budget process, and that's probably a more appropriate time. - And one of the things that bothered me, and this is an uncomfortable thing to say, but one of the most passionate advocates who got up three or four weeks ago on the issue before us here did not identify himself as such, but is the realtor for the property and stands to gain personally. And that just -- that doesn't diminish the value of the property or the value -- the historic value or the educational value, but I wanted to make sure the board and the public knew that at least one individual who stood at that podium and told us what a great idea this was and how important it was for the community also stood to make what I assume is three percent of $50~),000, should the county sell it for $500,000. And that at the very least should have been identified to us. I don't worry as much about development squeezing u~ out when we talk about the Immokalee community. There's two thoughts there, and I've mentioned to you all before, I grew up in New England, and when you go in Boston, it's actually not a bad feel when some of the developed area is broken up by historical areas. They obviously couldn't reserve all of downtown Boston; however, there are certain areas that are set aside, and it's very refreshing to have that modern development broken up that way. But secondly, in discussions on TDR's and other topics, we've had discussions as to how quickly we can expect Immokalee to develop. And I don't think there's a real threat of development squeezing that out in the near future, certainly not in the six months before we get into the budget process. So I would suggest that we pursue, in concert with our historical folks, putting together a plan like you've laid out, but doing that for the time being on preservation plan A and then consider B in the context of the whole budget in the coming budget year. CHAIRPERSON BERRY: Commissioner Mac'Kie? COb~ISSIONER MAC'KIE: I would weigh in for preservation plan B. I think that to ask the project to complete itself before it's started Page 14 803 October 130 1998 is unrealistic. And if what we're -- you know, I think that we're putting the cart before the horse here unless we commit to the project or commit to its complete undertaking, and then all of those details that you'd like to see flushed out, Commissioner Constantine, can be done, and this is a phased project. This is something that will require matching grants over a three-year period. It's something that we'll see phased in. I think that we are -- I really honestly think that we as a commission and city council for the City of Naples and others, we're at a unique position in the history of the development of Collier County where, you know, we talk about use it or lose it. This is the time in history where we are either going to preserve what we have that will become downtown Boston or will become 100 years and 200 and 500 years old, or it will be gone. And I don't want to be the commission that lost it. I want us to preserve it and I think we have to do that with plan B. CHAIRPERSON BERRY: Commissioner Norris? COMMISSIONER NORRIS: Well, I'm -- I had a conversation with Mr. Jamro, and I -- I could support plan B or plan A on the condition that we could get -- we could have secured the 50 percent funding from the state grant system.. And also, that if we could arrange the funding so that we could pay our portion of it over a 10-year period, for example, rather than all at once. But even so, I was still not too excited about getting into the project. But now that Commissioner Hancock has suggested that we could use it for programs and shows and expositions or whatever of the -- and bring some tourism into Immokalee, I'm certainly more receptive to the idea. Because one of the things that's bothered me about this property all along is that other than being a cattle ranch, it has no particular historic significance. It doesn't have -- the Magna Carta wasn't signed here or anything like that. It's just a cattle ranch. It's -- COMMISSIONER HANCOCK: It's a period. CO~4-ISSIONER NORRIS: Some of the places that I toured out west had other historical significance beyond being just simply a cattle ranch, and that made them different. This one is not that, it's a cattle ranch. But it may be the last cattle ranch, so that puts it up the list a little bit as far as historical significance. But if we can combine Commissioner Hancock's suggestion with the funding options that I'm -- I have discussed with Mr. Jamro, then I could support the project. COMMISSIONER MAC'KIE: Did Mr. Jamro indicate that was a reasonable possibility? COMMISSIONER NORRIS: I'll let him indicate for you. COMMISSIONER MAC'KIE: Thanks. MR. JAMRO: If I may, just several points very quickly. Commissioner Hancock, you're reading our minds. We've talked about cowboy poet festivals; we have people all over the state ready to do just a thing right now at the site. Commissioner Constantine, the reason this was brought to you in Page 15 October 13, 1998 the urgent manner it was is because there is a contract on that piece of property or proposal to sell that piece of property, so that is why we're here trying to almost force the issue, because that would disappear very soon. That's why we're working fast now. And I think that we would be obligated to find 50 percent of the grant, basically. Not all necessarily from the Board of County Commissioners, but from individual donors/corporate sponsors, who I really think are waiting in the wings to help us on this and are waiting for a demonstration of support from you first as the -- to get the ball rolling. I believe we could almost guarantee you that. COM]4ISSIONER MAC'KIE: And the 10-year funding possibility that Commissioner Norris mentioned, is that something tha% we could do? MR. JAMRO: I'm a historian, not a financier. That would -- I would defer that to the -- to our legal team. And I think Mr. Olliff has some thoughts on that as well. MR. OLLIFF: Generally, I think what was suggested in the fiscal impact statement is that you would have to take down some sort of a long-term note. I think in either of the options, we would look at funding either through the MSTU, the tourist tax or general fund or whatever the board decided to do, and then do that over an extended period of time so that the annual debt service cost would be something manageable for the project. I don't think the board's willing to step up and provide the 600, $500,000 that it might take to provide the 50 percent match up front, so I think in all of the scenarios we anticipated a long-term payment process. COMMISSIONER MAC'KIE: Great. COMMISSIONER NORRIS: Let me ask a question, Mr. Jamro. Who owns the property right now? Roberts' family? CHAIRPERSON BERRY: Uh-huh. MR. JAMRO: Collier County owns the 4.1 acre tract, and the 8.8 is the estate. The estate still owns that portion it. I guess the reason is we really can't even initiate the grant process until we have some sort of, you know, cash on the line at least pledged towards the project. Then we can go -- and the first window for that is in June, so that's -- we would be working towards that deadline. COM/~ISSIONER NORRIS: Well, does the -- since the estate, the Roberts family owns the property, do they not share our enthusiasm for its historical significance? If they're willing to sell it to a commercial purchaser, are they not on board in this project? MR. J~RO: Oh, I think they are. I think -- it's a rather large group of people, and in any large group of people you're going to get people who are very interested and excited about history, others who really don't care very much for it. And I think that may be, you know, part of the problem or process there. But they'd have to answer that one for you. I couldn't attempt it. COM}4ISSIONER MAC'KIE: And I've been told by others, and it's jus5 secondhand, but that they're having other opportunities certainly Page 16 8C3 October 13, 1998 to sell the property that have been resisted over time in the hope that we could come to some kind of preservation opportunity, and now it's just, you know, been a long time and they're ready to either take the offer that's on the table, sort of fish or cut bait. MR. J~ERO: I think that's the financial reality. You know, I'm sure you'd like the money, you know. It's time to sell if there's a buyer. We're hoping that maybe we can be the buyer. CO~MISSIONER CONSTANTINE: Madam Chair? C~IRPERSON BERRY: I have a comment, it's my turn now. It's a little frustrating once in a while sitting in this chair, because I try to let everybody else say their peace first before I speak. But I have to tell you that this particular project, I'm excited about the Roberts Ranch. And I guess this comes from a background of having lived on a farm in the Midwest and seeing some of those farms that were the typical small farms destroyed. Not really destroyed, but disintegrate into big corporations that are now forming and farming huge, huge, huge sections of land. So the farm that many people knew and recognized, it's gone. And once it's gone, you don't get that back. Because buildings are destroyed, the whole concept is destroyed. I also, like Mr. Norris, have had the opportunity to visit what they call a living farm, which is located close to the capital in tke State of Iowa. And it's a very viable working area that people can go to, and it's a huge attraction for people to go. And it starts back in the Indian days, and there are sections divided out, and then it comes up to tk3 farm life back in the Thirties, Forties -- Thirties obviously were pretty depressed -- and the Forties and the Fifties. And it's an exciting thing because kids -- our kids today have no idea about what life was like. And you can read it in a book, it's one thing, but to see it is something else. And I think our kids here in Florida need to experience and be able to see some of the early ranching that was done. And this is kind of a -- it is a historical event. And it is certainly part of Collier County history. Yeah, there's a price tag to it. And I guess I was excited about this because I have spoken with the Sherrod family, and we talked about some of the things that we could see. I could see this becoming a working ranch, obviously small scale, but some things that could be done there. It does take planning, but before you can begin to plan, you've got to have the property. The question could well come in whether we need all of the property. If there was any opportunity to purchase and negotiate out some of the portions where the buildings are -- I really am not in favor of moving those buildings, because I think you're going to -- I think you'll destroy them. But if there was any way to negotiate out the location of those buildings -- and again, I question whether we need all of this property to do what we need to do. I don't know if that's a viable option. I would like to -- that's number one. I'd like to just see if there is that possibility. The second thing, as far as funding, there are other groups other Page 17 October 13, 1998 than the state. I believe you have a Cattlemen's Association; you've got a group called the Cracker Cattlemen's Association, separate group, that I think' would be possibly really interested in maybe getting involved in this kind of thing. You're talking about the cattle industry. It's a big industry. And I think it's something that we need to pursue and look into funding from these people and see what they may do in terms of participation. COM/4ISSIONER MAC'KIE: Right. CHAIRPERSON BERRY: But I'd like to see us go with whatever we can do. But I would like us to proceed one more time. I'd like to check out and see what we could glean from the location of those buildings. And if we don't need all that property, then that's fine, they can certainly put it back on the market and sell whatever it is that we don't need. But let's take a look one more time and see if there's any possibilities of that. Sure, I'd love to have the whole thing. I'd like to buy the whole corner, I mean, the entire works. But you're talking about a chunk of money. And I'm not sure that it's really necessary to do what we need to do. COM~ISSIONER NORRIS: The other option would be that we could proceed with B and if we didn't want all of the property, we could declare it -- sell it ourselves. That would be another avenue. CHAIRPERSON BERRY: That's a possibility. There's certainly that possibility. So I think we've got -- I think we've some options here, but I'd like us to proceed with this and look into --- and Ron, with your expertise in looking at the site and looking what's there, as far as the historical buildings and, you know, looking at it from that angle. And then I agree with Commissioner Norris, I thin~ personally --. and Commissioner Mac'Kie -- I think we should go ahead with preservation plan B, with the idea that what we really need we can take out of that, and what we don't need. then perhaps we can look at other alternatives for it. But I think there's a real -- I think this is a viable thing that we need to proceed with. COMMISSIONER CONSTANTINE: Madam Chairman? CHAIRPERSON BERRY: Yes. COMMISSIONER CONSTANTINE: The history lover in me loves this and thinks it's great, but the fiscal conservative in me has some very real worries. And Commissioner Mac'Kie said those details can be flushed out later, but I just -- I worry about that approach to it. We have had other things where that approach has not proven successful. We don't know what private funds are going to be dedicated to this, we don't know what state funds are ooing to be dedicated. - And I realize there needs to be some process before you can get into the state funds, but I like the idea of the living history and the working ranch type thing, but we don't know who would do that, who will fund that. We don't know any of those details. Ron, you said you think you can practically guarantee there are Page 18 8C3 October 13, 1998 contributors standing in the wings? I would like to see some commitment from those people so that it's a true guarantee. And lastly, I think it's -- I would prefer, if we're going to move forward, to do your first suggestion and that is let's let Mr. Jamro and crew look at this and see if there are parts we do not need instead of buying something and then trying to sell it in what is admittedly a slow market out there after the fact, if we don't need certain parts. I don't think that's a good business approach. Let's see if there is a way where we can pick some parts. An¢! if not, that's fine. But I would feel more comfortable if we laid out some of those details. It sounds like you're asking them to come back a third time anyway with some parts of it. I would feel better, anyway, if when you come back, Ron, if you could have a commitment from some of those private contributors. And that may be contingent upon the county's participation, but at least we'll have some specific details to fill in those blanks. MR. JAMRO: I guess if it's not important to us, it's not going to be important to a lot of these contributors as well. It's a who's going to make the first move. It was the same dilemma we faced 18 years ago when we started building the Collier County Museum, who will support it. Well, there's your proof. You know, I think those folks are still there. And I don't know, we had talked about that, possibly of dividing that up. There was some sort of -- the frontages or something couldn't be subdivided and it was decided, well, the grove is worth saving as well, so -- you know, Collier County's original citrus grove -- and that would capture an element of that. And in the long-term master plan, that provided for the church to be restored as well to that area. So the land -- and the buildings are sort of sprinkled across it, so it is going to be hard to cut out little enclaves there, but it's certainly worth exploring, I think. CHAIRPERSON BERRY: I wasn't interested in -- maybe I didn't make that clear, Ron. I don't want to chop up the property so you get bits and pieces, but if there's some way that we could take a look at where those buildings are located and more or less draw a straight line and say okay, this encompasses everything that we need. Now, is -- how much of that section, that part of the land that they want to sell us, how much of that do we really need and then how much is, quote, surplus. I guess if there's a chance that we're not going to get this, I'd rather take part of it and do it well than not take any part of it at all. I mean, my druthers, I want the whole thing, okay? And I think -- and I agree, I think if -- we're going to have to put up or shut up, okay7 And I think we're at the point where [~'s step forward and say we're going to do this project or we're not going to do it. And I'll go along with that. But at the same time that I'm saying that, I want somebody else sitting back there saying and analyzing and looking at this whole site and saying this is what you really need and maybe this is something Page 19 October 13, 1998 that you don't need. At least give us the option, okay? That's all. But I'm willing -- I'm willing, if I've got two other people here, to go forward and say let's do it. But I also want people looking at this and giving it some scrutiny and -- COMMISSIONER NORRIS: Well, let me see -- CHAIRPERSON BERRY: -- good thought. CO~ISSIONER NORRIS: -- if we can get it going here. I'll make a motion that we proceed with option B, contingent with a contingent contract that we can procure 50 percent of the funding from state grants, and that we can get some sort of extended payment period for the other half. And also contingent on some significant participation from private sources. COMMISSIONER MAC'KIE: Second. COM~4ISSIONER HANCOCK: Madam Chair? CO~4ISSIONER CONSTANTINE: Two questions. CHAIRPERSON BERRY: Commissioner Hancock? COZ&MISSIONER HANCOCK: Since we aren't even going to be able to apply until June of next year for those funds, one, we don't know if that's going to be acceptable, and this is one way to find out, but as we were going through this discussion, I've made some notes. And I'm always concerned when we do something like this that we don't give sufficient or specific enough direction in a number of areas. So let lae, if I may, list a couple of observations and some things that I would like to be included in the direction. One is that if you look at the difference to the cost between plan A and plan B, it's a difference of 8.8 additional acres for $300,000 difference. That's $33,000 an acre. I think it'd be silly of us, if we're going to make a commitment in any way, shape or form under plan A, to make a minimum commitment equal to that under plan B, you know. And if there are additional funds that need to be sought, then seek them. But to get an additional 8.8 acres for $300,000, we need to make that happen. Because financially, it would make -- it wouldn't make sense to do anything else. If we're already going to do A, then B just makes all the more sense. CO~MISSIONER NORRIS: That's why I went there. COM/~ISSIONER HANCOCK: Okay. The two -- couple of things I think that maybe we'd give additional focus is that we as the county will focus on the cost of land acquisition. We encourage the Friends of Roberts Ranch to focus on raising the funds for restoration. Restoration is a big cost involved with this. And I think if -- since we'd be underlying property owners, or be the property owners, land acquisition costs make sense for us. However, restoration, we need to put something on their shoulders, as Commissioner Constantine just said, to bring the community into it. :I think restoration's a good thing to do that with. I think we need to ask our staff to look at the viability of some type of a seasonal show that may complement the harvest of annual crops out there in such a way that it draws people to the site. That potentially could be a revenue producer to offset acquisition costs in Page 20 October 13, 1998 the long term. It's very gray right now, but I think it ought to at least be looked at for similar shows elsewhere to see if that's viable and to see if they could produce revenue. And the other ideas that -- do we have a farmer's market on Main Street out there already? CHAIRPERSON BERRY: Yes. COMMISSIONER HANCOCK: Okay. Okay, then we'll scratch that one. Okay, those are the things I just want to raise as points that I think we need to consider and really try and make plan B work as best we can. COM]4ISSIONER NORRIS: I don't have any objection to including those in my motion as direction items. COMMISSIONER MAC'KIE: Second agrees. COM~{ISSIONER CONSTANTINE: Question. C~AIRPERSON BERRY: Okay, Commissioner Constantine has a question. COMMISSIONER CONSTANTINE: Do we have some sort of appraisal process when we purchase it7 It's just when we look at buying this 8.8 acres for $500,000, that's almost $60,000 an acre. That seems like a pretty high price for property in Immokalee. And I'm wondering, how did that number come about? MR. J~RO: I think when the property was -- when the PUD was prepared in '92 or something, you know, some sort of assessment was made. Because that's one of four sections that are available for sale that's Going to surround the historic site. I would have to research that. I really don't know what the -- COMMISSIONER CONSTANTINE: That just seems like kind of an important detail. MR. OLLIFF: And to add to that, because the family or the trust was in negotiations with another potential buyer, we didn't have the opportunity to actually sit down and try to negotiate a price. So we're Giving you our best rough estimate that we've Got at this point. And I don't really have a Good number until we sit down and either get some direction to negotiate or get some appraisals, as you suggest. CHAIRPERSON BERRY: I think negotiate. COMMISSIONER MAC'KIE: Sure, negotiate -- CHAIRPERSON BERRY: I think negotiate's probably the -- COMMISSIONER CONSTANTINE: So we're not coming to a specific price today? CHAIRPERSON BERRY: No, but I think we've Got an idea here at what -- at this point in time. But at the same time, I would certainly say, you know, you go forward and take a look. MR. FERNANDEZ: Madam Chair? CHAIRPERSON BERRY: I think that would be silly not to do that. COMMISSIONER MAC'KIE: Isn't that a state law? CHAIRPERSON BERRY: Mr. Fernandez? MR. FERNANDEZ: We also have the legal requirement -- CHAIRPERSON BERRY: Okay. MR. FERNANDEZ: -- for appraisals. That will be part of the Page 21 8C3 October 13, 1998 process before we get to the -- CHAIRPERSON BERRY: There's nothing to talk about. MR. OLLIFF: Actually, two -- COM~ISSIONER NORRIS: I think one thing -- MR. OLLIFF: -- separate appraisals. COMMISSIONER NORRIS: -- to clarify, really, the intent of my motion is that I understand that we're not going to be able to get an answer on grant funds until June or so of next year, maybe a little later than that. But that is the critical part of our commitment here today as far as my motion goes. If that's not acceptable to the family, then that's the way it is. But that's what this board needs to do for our own protection. CHAIRPERSON BERRY: Commissioner Constantine? CO~{ISSIONER CONSTANTINE: Two more questions. One, what is the source of the county funds that we're dedicating? CO~MISSIONER MAC'KIE: Well, I was hoping we were going to get to that discussion. I hope it's going to be the TDC option. I mean, there's general fund, there's TDC and there's an MSTU. COMMISSIONER CONSTANTINE: Did we change TDC so we can now buy capital projects? Is that the one that's pending? COI@iISSIONER MAC'KIE: That's the one that's pending. COMMISSIONER CONSTANTINE: Significant private funds was part of your motion. CO~4ISSIONER NORRIS: Yes, it was. COMMISSIONER CONSTANTINE: What is -- how do we define significant? CO~4ISSIONER NORRIS: Well, I think that's going to be in the eye of the beholder. I would think 50 percent of match of our commitment, ex-state, would be significant. Five percent I don't think would be. CO~4ISSIONER CONSTANTINE: Well, I suspect I'm going to be in a four-one minority; however, I'm -- and it's not for lack of supporting historical endeavors. But I don't think that -- COMMISSIONER NORRIS: Okay, we'll mark that -- CO~.IISSIONER CONSTANTINE: -- we have enough answers from the fiscal end to go ahead with this, so -- CO~4ISSIONER NORRIS: Well, those answers -- CO~4ISSIONER CONSTANTINE: -- I won't belabor it. CO~.~ISSIONER NORRIS: -- can't be answered here today is one of the problems. We can't determine a funding source today. That's going to have to be discussed at a future time. MR. FERNANDEZ: Madam Chair? CHAIRPERSON BERRY: Mr. Fernandez? MR. FErnANDEZ: Along the same lines from a staf£ perspective of trying to understand the direction of the board here, I'm trying to .determine how we can determine the other contingencies will be satisfied before the county is in the position to make its commitment. COMMISSIONER NORRIS: Well that's -- see, that's the catch-22 here. MR. FERNANDEZ: Yeah. COMMISSIONER NORRIS: If that's -- if that sort of contingency in Page 22 October 13, 1998 the real estate offer, the contract that we deliver to the estate, that's not acceptable to them, we're out. MR. FERNANDEZ: All right. COM/4ISSIONER MAC'KIE: As I understand it, we -- what we're proposing is that we'll draft a contract to make an offer to purchase the property from the estate. In the -- the contingency that we don't have control over two of them, one is contingent on state grant matching -- MR. FERNANDEZ: Right. COMMISSIONER MAC'KIE: -- and the second contingency is contingent on significant local private match. COMMISSIONER NORRIS: Right. COMMISSIONER MAC'KIE: And they will accept or reject that, and they'll probably give us an amount of time, you know, in which to fulfill those contingencies; you know, hopefully enough time to be able to go through the state process, that the contract will remain with that contingency. Mr. Weigel can draft that for you all day long. MR. JkMRO: I should -- CO~4ISSIONER NORRIS: It won't take him that long. MR. JAMRO: If I may, commissioners, while -- we have every assurance that the folks in Tallahassee really like this project. We've talked to them on and off for 10 years about this project. I can't give you a guarantee that they will fund it in a particular year. They -- we may skip a year. That we won't know until the state review process in Tallahassee, the state budget is set, and the new Secretary of State, you know, makes a decision. As long as you understand, I'll do my best to get you that money. COMMISSIONER NORRIS: But I think your argument is that the County Commission has stepped forward -- assuming that the motion passes, the County Commission has stepped forward, offered a contract, and it's time for the state to get aboard or risk losing the project forever. MR. JAMRO: Oh, I think your move today is key, absolutely -- COMMISSIONER HANCOCK: I think -- MR. JAMRO: -- to that process. COP[MISSIONER HANCOCK: Commissioner Norris, I think there is one option that falls in the middle of the fish or cut bait approach, and that is that if the state is unable to go to the maximum, which is 300,000 in a given year, it's very unlikely that you would achieve that maximum -- MR. JAMRO: That's right. COM/~ISSIONER HA/~COCK: -- two or three years in a row. If we took an eight to 10-year financing window and applied year after year after year to do it in piecemeal fashion, if at some point we see those funds are not going to come, even though we may have acquired the property in advance, we know the property has a market value because there's a contract on it right now. So we could just turn around and do what we tried to avoid which is sell the property, you know, if we negotiate a good enough price out of the chute, and not Page 23 8C3 October 13, 1998 hurt ourselves or the taxpayer in the process. COMZ4ISSIONER MAC'KIE: And that's what I assumed the long-range financing option was, to cover that. Because it's a three-year grant and we can't get a three-year commitment. But the long-range funding financing would cover that contingency -- MR. JAMRO: Could be a five-year grant -- COMZ4ISSIONER MAC'KIE: -- after the first year. MR. JAMRO: -- could be a six-year grant. You never really know. COMMISSIONER MAC'KIE: Exactly. MR. JA/ZRO: And remember that you can only, you know, use the funds within the last five years, like the security system we put in at the ranch this past year. We can apply that to this very first application as county funds committed to the project, so you're already 5,000 up. The 5,000 that the Friends organization paid for a consultant to do the master plan, development plan, now we're 10 000 in the red, or in the black. But no, I think I hear you, you want preservation, but you want painless preservation, and we can do that. CHAIRPERSON BERRY: We want it all, Ron. COMMISSIONER NORRIS: Well, let's -- MR. JAMRO: We're going to make a believer out of Commissioner Constantine yet. I really -- I'm pledged to that. CHAIRPERSON BERRY: Ail right, let me call for the question Ail in favor? ' CO~4ISSiONER MAC'KIE: Aye. COMMISSIONER HANCOCK: Aye. CHAIRPERSON BERRY: Aye. COMMISSIONER NORRIS: Aye. Opposed? CO~4ISSIONER CONSTANTINE: Aye. CHAIRPERSON BERRY: Motion carries four-one. Next item on the agenda is an appointment of member -- oh, I'm sorry. MS. SHERROD: Ms. Berry, I would just like to say that this was not our family's idea, it was suggested to us by other people, because we don't ask the county for anything. But you mentioned getting more land. You know, we're in a trusteeship now that's spread out over too many. I, and I feel like there were others, would be glad to give their part, if you really want it and you want to do something with it. And that would give you more land for less money is what I'm trying to say. COMMISSIONER HANCOCK: That's great. COMMISSIONER NORRIS: That's very gracious of you. Thank you. (Applause.) MS. STONE: Can I just explain the paper I gave you, Madam Chairman? I don't have enough to go around, but -- COmmISSIONER NORRIS: We need to move on. MS. STONE: -- this is a proposal of Eco-Tours, and on the back pages it explains about what can be done at the ranch. CHAIRPERSON BERRY: Right, thank you. Page 24 October 13, 1998 MS. STONE: Thank you. And Mr. Constantine, there's been a Winn Dixie in Immokalee 20 years. COM/~ISSIONER CONSTANTINE: Thank you. COMMISSIONER NORRIS: You may want to do your shopping there. COMMISSIONER CONSTANTINE: There's apparently going to be a second one there. CHAIRPERSON BERRY: All right. Item %10A RESOLUTION 98-420 APPOINTING ~.~. LAM TO THE COLLIER COUNTY WATER AND ~U%STEWATERAITI~HORITY - ADOPTED Okay, moving on then to item 10(A), appointment of member to the Collier County Water and Wastewater Authority. CO~{MISSIONER CONSTANTINE: Madam Chairman, one opening, one applicant -- COMMISSIONER NORRIS: Second. COMMISSIONER CONSTANTINE: -- I'll make a motion we support Lowell M. Lam. CHAIRPERSON BERRY: Ail in favor? Opposed? (No response.) CHAIRPERSON BERRY: We have a motion and a second. Motion carries five-zero. Page 25 10B RESOLUTION NO. 99-231 A RESOLUTION APPOINTING JOllN WISEMAN TO Tll E CO.M PREH ENSIVE PLAN STANDARDS AD tlOC COMMITTEE. WHEREAS, on April 13, 1999. thc Board of County Commissioners adopted Rcsolmhm No. 99-202. creating thc Comprehensive Plan Standards Ad ttoc Committee Io rcvicx~ and provide the Board wilh standards for cjustering and natural resource proleclion, and to i~l'ovidc recommendations for proposed scltlement with the Depaamem of Corotar, nj tv A Ffitirs: and WHEREAS. thc Board of County Commissioners appointed ten (l(l) members to this Committee; and WHEREAS. there is currently a vacancy on this Committee: and WHEREAS. it is the desire ofthe Board that John Wiscman fill this vacancy. NO\V. THEREFORE. BE IT RESOLVED BY TIlE BOARI) OF ('()I"N'I"F COMMISSIONERS OF COLLIER COUNTY. FLORIDA, fi'iai John Wisoman is hereby appointed to lhe Comprehensive Plan Standards Ad Hoc Committee for a period of one ~1~ year or through the duration of settlement negotiations with the Department of ('ommunitv A fthirs, whichever is less. This Resolution adopted after motion, second and majority vote. DATED: May 11. 1999 ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY ('()MMISSIONIiRS COI.LIER COUNTY. FLORIDA ",~.e.-. L ~.$~' to ~r,~ ' ," ' Approved as to fom~ and legal sufficiency: David C. Weigel County Attorney DCW/kn RESOLUTION NO. 99-232 A RESOLUTION DECLARING A VACANCY ON Tile PUBLIC VEIIICI,E ADVISORY COMMITTEE lOP WHEREAS, thc Public Vehicle Advisory Committee was established by ('oilier County Ordinance No. 86-4. as amended; and WttEREAS. Collier County Ordinance No. 86-4, as amended, provides ~l~at thc Public Vehicle AdvisoD' Committee shall consist of five (5) members with (3) of the members being affiliated as holders of certificates to operate a motor ,,'chicle for hire company within ('ollicr County; and WHEREAS. Collier County Ordinance No. 86-41, as amended, provides that: "Any board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such rcsigmation, declare the position to be vacant and shall pron~plly same pursuant to the provisions of Section Six herein;" and WItEREAS, the Chairman of the Public Vehicle Advisory Committee advised thc Board County Commissioners that John Dougherty has failed to attend several meetings satishctory excuse in violation of the requirements set forth in Ordinance No, ~6-41, amended, and has requested that the Board of County Commissioners declare the seat held bv John Dougherty to be vacant on their Committee. NOW, TtlEREFORE. BE IT RESOLVED BY TIlE BOARD OF COI)NTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that after considcralion of the presented, the Board of County Commissioners hereby declares lh¢ scat of John l)oughcrly vacant on the Public Vehicle Advisory Committee. This Resolution adopted after motion, second and majority vote. DATED: May Il. 1999 ATTEST: ~WIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONF. RS COLI.iER COUNTY, FLORIDA $I~ature ApProved as to form and legal sufficiency: County Attorney B Y:__.L_'_Z__ .. PAMELA S. MAC KIE, Ch',ffrwoman DCW/kn lOB RESOLUTION NO. 99-233 RESOLUTION OF INTENT TO TERMINATE T! IE EMPLOYMENT OF TIlE COUNTY ADMINISTRATOR WIIERF. AS, the County Administrator, Robcrl F Fernandez, (Administrator) is employed pursuant to the terms of the County Manager Employment Agreement dalcd May 1997; and WIIEREAS, numerous issues have cotne to light during tile tenure ~,f lhis County Administrator that have eroded the Board of County Commissioners' and the public's confidence in the Administrator's ability to effectively manage the personnel and operations of Collier County government; and WIIEREAS, pursuant to the lerms and conditions of Collier Counlv Ordinance No o3- 72, as amended, the Collier County Administrator Ordinance. and Section 1£5 73(21. Florida Statutes. termination procedures have been established to protect lhe Administrator by rC(lUiring an initial public hearing wherein a Resolution of Intent to Terminate thc F~mployment of thc Counly Administrator must be adopted by an affirmative vote of three members of the Board County Commissioners {'Board) only after said Resolution has been placed o~ Ibc agenda ~t' regularly scheduled Board meeting and v, here said agenda hem has beers included as a part tff thc published agenda ofthe Board meeling, and WIIEREAS, lhe public interest is protected in thal a final action terminating tile employment of the Administrator shall occur not less than fourteen (14) days attet adoption of a Resolution of Intent to Terminate Employment of the County Administrator a~ a rt:gularly scheduled meeting of the Board of Counly Commissioners NOW, THEREFORE, BE IT RESOIoVED BY 'rl IE COMMISSIONERS OF COLLIER COUNTY, FI.ORIDA, that: BOARD OF COUNTY This Resolution of Intent Io Terminate the Employment of tile County Administrator is adopted pursuant to the terms and conditions of the County Manager Employment Agreement dated May 20. 1907, after due public uoticc, placement on the Board of County Commissioners meeting agenda for May 25. 1999, (a regularly scheduled Board meeting), and said Resolution having been included as part of the published agenda of the Board meeting. The Board of County Commissioners hereby directs that a Resolt,titm Terminating the Employment of the County Administrator be placed on a regular County Commission agenda not less than fourteen (I,4) days hereafter as appropriately determined by the County Attorney. The Resolution Terminating the Employment of the County Administrator shall bc included as part ot' ll~e published agenda of thc Board of County Commissioners. 3) It is the intent of the Board to comply with all thc terms and comlitions of ti~c County Manager Employment Agreement dated May 20. 1997, and Ibc Board directs thc County Attorney to ensure that all procedures arc properly followed This Resolution adopted this 1 !'h day of May, 1999 after motion, second and not less than three affirmative votes of thc Board of County Commissioners, Approved as to form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONF. FLq COLLIER COUNTY, FLORIDA - 2 - .MEMORA ND UM DA TE: TO: FROM: RE: May 10, 1999 Commissioner ,lames D. Carter, Ph D. Bob Fernande.;, Count.' Administrator Evaluation As you requested, I have completed the attached self-evaluation. This is provided in effort to provide a basis for my performance en'aluation with you. I lookfiJrward to the opportunitl, to discuss my perfi~rmance b~ a straightfor~vard and constructive mariner. RFF/bp Attach men t cc: Board of Coun~., Commissioners Res ends to the ublic in a rom t thorou h and a re riate anner. I have looked for ways to make all County officials more acc~s~ ~o ~-e public. ~ For example, I implemented the establishment and publicalion of e- mail addresses.for commissioners, county administrator and staff, division administrators and department heads. I also appear with great regularity at civic and service organizations as.gu, est and speaker (see attachment I). If for this type of reason I must be out of the office, there is always a senior staff person available in my office to assist any caller. Res ends to the Board of Coun Commissioners in a p. rompt, thorou .and appropriate manner, (individua'.-, ...... ' .... ~_g_h · ~ ~y/,~:~ a .qroL(p~. /ne tracking logs th,at have been maintained in the Administrator's office for the past six months show a typical response for specific Commissioner requests of h, vo to foudeen days. This includes the time required to route each item to th? appropriate staff. We make an effort to recognize those items with the greatest urgency and to treat them accordingly. Further, I believe that our responsiveness to collective requests of the Board, either for specific items to be scheduled on the agenda or for follow-up actions to be taken has been exceptional. '-'. Res ends to the ress/media in a rom t thorou h and a ropriate m~anner. As is consistent with the Board's wish that information regardinq County operalions come from me and not from the press, it is sometimes m~/ practice to not speak to members of the press before the subject at issue has been discussed with the Commission. I understand that this can frustrate the journalist at times, but my first responsibility is to the Commissicn 4. Pre ares corn rehensive relevant and eom late a enda to /cs and r_eports for the Board of County Commissioner~_, I believe that the agenda package as presented to the Commissioners today receives a greater level of scrutiny at the staff level than it has any time in Collier's recent history. In fact we now offer an internal training class to teach staff specifically how to write a good Executive Summary. We did make an atlempt, as a means to save money and reduce the bulk of the agenda package, to remove certain routine contract-type documents from the actual agenda package and rather have them available for inspection by the Board members in your office. This effort, while well intentioned, could have been better communicated and was poorly received. As soon as I became aware of the fact that this approach did not meet the needs of the Commissioners, it was immediately discontinued. It is important to note that at no tim~e was any information denied to the Commissioners, we had j'ust'changed its location. ~-. Makes forthri ht and a re riate resentations and recommendations t..o the Board of County Commissioners. As the Administrator I take responsibility for all of the staff presentations- made to the Commissioners at the Tuesday Board meetings. We have made improvement in those presentations a point of emphasis, I believe with positive results. While i~ is not my personal style to make myself the focal point of most staff presentations, at commission meetings, I have been very directly and FersonaIly involved in improving the overall staff presence there. Communicates reliable information to the Board of Count_L/ Commissioners durinq Commission meetinqs~. I refer to my answer to question five. I have placed a great emphasis on ensuring that ali staff information to be presented to the Board is accurate and complete. occasion, when the nature of the issue being presented is particularly sensitive, I have required that the presentation be discussed with me in detail and actually presented to me in order that it may be thoroughly,, critiqued and if necessary revised prior to presentation to the Commission. Demonstrates professional inteqrity, a commitment to goals and o__bjectives of the Board of County Commissioners and a willinqness to seek personal growth and development I believe that this administration has made the highest possible effort to f~low the collective direction of the Board of County Commissioners. I do not bring a personal agenda to the arena and strive only to follow the will of the Board as a whole. That direction, however, is at times unclear and difficult to accurately interpret. In those cases it is our practice to review meticulously the meeting minutes to determine the Board's actual intent. Failing that. it is our practice to ask for further direction. I have always been aclive, throughout my career, in pursuing professional development opportunities. I have been a frequent participant in educational and professional development sessions sponsored by the Florida City and County Management Association, the Florida Association of Counties the International City and County Management Association and many other organizations. Demonstrates leadership and vision in planninq needs of Divisions and im__~plements or alters necessa ro rams and activities to increase efficiency and effectiveness. With the involvement cf the division administrators, I revised the pay-for-performance pro~ram to more appropriately meet the needs of the organization. I proposed a very minor reorganization, which was approved by the Board, as a means to resolve a number of organizational issues. I streamlined and better organized the agenda of the Board through the introduction of the Summary Agenda and changed the .schedule of Board meetings to twice a month, These enhancements ,rave resulted in fewer total hours spent in meetings, allowing the Board to concentrate its time and attention on matters of highest importance. I have introduced procedures that have eliminated previously existing administrative steps required for internal approvals. This has resulted in managers being given the flexibility within general guidelines to control their own areas of responsibility. I have involved the division administrators in organization-wide decisions. Demonstrates the ability to secu.r..e cooperation and obtain p_p_ti___m._u/__n_ results throuqh the efforts, of others_. It is a 'keystone of ray.management philosophy to empower those around me to function at their highest level. believe that the overall level of performance of this organization reflects lhe success of that management approach. Periodic written communications (reports, ne:;,sletter_s.___et___c_.j___a_ce. informative, interestinq and well received. We have provided a quarterly financial report to the Board which we believe has been well received. The County's annual report also has been widely acclaimed. Furthe;, in an unprecedented step, we recently released, via newspaper insert, a report to the community. This report was the generator of overwhelmingiy positive comment. In addition, various staff members are encouraged to communicate directly with the commissioners regarding the success of their programs; the Board receives these reports regularly. Once again, it is no[ my desire to be personally identified with the effort, but rather to ensure that the Commissioners receive the information. Il. Em__~_p__h_hasis is laced on utilizin all o ortunities to communicate with the__~_~_public and maintainin o en lines of communication. The level of commitment to public access and information of this administration is unprecedented. In addition to the previously mentioned Internet access, v,,e have reconfigured and strengthened the Public Information Office, improved the Channel 54 effort, and produced for the first time our own regular newsmagazine program. Further, in the last four months alone I have appeared personally at more than 55 community events, and have been featured speaker at 28 of those. 12. Em Io s hi hi ualified rofessional ersonnel. Selects and assic~s_ professional personnel to appropriate positions. Ranging from over thirty registered Professional Engineers to certified planr~ers to certified water and wastewater plant operators and all areas in between, this county employs a very impressive list of highly qualified professionals. We work hard to deve!op, recruit and retain employees of the highest caliber. I believe hiring and firing decisions should be made on the basis of the needs of the organization, not the needs of the individuals and who the,/know. 12,. Recommends the allocation of sala and benefits in a manner that meets the stated ob'actives of the Board of Coun Commissioners. Never in the history of this agency has the overall control of salary expenditures been kept more directly within the guidelines as established by D the Board of County Commissioners. Past practices of granting adjustments that were administratively allowed but that drove the overail payroll beyond the Board-approved revels have been eliminated. In addition, the revised merit plan. for the current fiscal year elicited fewer employee complaints that: any sala.ry administration system in recent years. 14. Mana es ositive em !o er-em Io ee relations within ~ My willingness to meet individually with groups cf employees and my participative management style have been effective ill fostering positive employee relations. I recommended to the Board that it take a lar9er role in funding activities such as the annual employee picnic, which continues to be a great success. T__h_e annual budqet is presented in a timely, mann~_____er__a, nd reflects a well- p_l__an_ned, realistic and accurate financial plan_. I believe the pre. par~tion and administration of the annual budget remains one of our hiqhest achievements, and reflects an extremely competent approach to E~cal management while facilitating the clear expression of program priorities by the Board. - , 16. Admini_stration of the bud et is res onsive to the needs of the community. Budget monitoring and control procedures have been put into place to ensure that administrative flexibility allows the mos~ efficient use of available funds while ensuring that the policies and priorities of the Board are accurately carried out. ] 7. Demonstrates fiscal accountabili ' and efficient utilization of resources. In addition to previous responses addressing this topic, increased accountability has ensured that the increased flexibility mentioned earlier has resulted in strict conformance to the budgetary limits e,-,,abhshed by the Board. This fact is verified by the enhanced quarterly budqel status reports that have been regularly presented to the Board. l~. Leadershi s le uides individuals and rou s _toward task accom lishment h~ the lannin develo ment and im lementation o__f proqrams. My empowering management style has resulted in the freedom to allow the excellent professionals we employ to bring forward the very best professional ideas and recommendations they have. I believe that the success of my leadership style is validated by the tremendous leve! of achievement of the organization as a whole. lg. Directi_______on for Division Administrators is ima inative ositive and problem-solvin related. I have taken a very participative approach to my dealings with the division administrators. I have encouraged the elimination of traditional organizational barriers that often stifle creativity. I haw~. encouraged division administrators not to be constrained by past conventions and traditions but to continuously re-examine what we do and how we do it to dollar. While there constantly remains the challenge to be vigilant and improve in this area, once again I believe that the overall operations of my agency reflect the success of this approach. 20. Demonstrates and maintains a commitment to th____e__d_ev__e.l_o_pment of re/at/onships with local, state and federal aqencies I bring a very, high levet of statewide involvement to the job. I remain very active in the efforts of the Florida Association of Counties and remain a membe~ of the State Retirement Co~nmission. I have scaled this effort back somewhat as a means to remain accessible to the local community, a goal that was given to me b'/ the Commissioners. I have met and committed to ma ntain stronrj lines of communication with the newly appointed Special Assislant to tt~e Governor. I remain an active member of the Florida City and CoL, nty Management Association and the International City and County Manaceme. nl Association. I have recommended the further involvement in these'areas through membership in the National Association of Counties and the Florida Innovation Group. Crisis .mana ement is evidenced b roven and rudent 'ud ments in manaqmq unplanned events. I believe that our response to the Hurricane Georges event best typifies ou~ ability to respond to true emergencies. I was directly involved at each step of the decision making and I believe that our effort, result, and communication of it with the Board and with the comr'nuniI,.,, ,,',,ere exceptional. 22. Conflict mana ement is demonstrated b the ab#it to moderate wide/~ .diverqent views into consensus_. I believe that this consensus-building ability is one of my strongest points. An excellent example of this is the process by which important administrative decisions are typically made after the consideration of input from all affected parties. Although this approach may result in the prolonging of the process, the product is much more likely to receive favorable organizational support. *-.3. Serves as a role model b the demonstration of essential rofessio, nal .qualities and ethical behavior. I believe that my ethical standards example are of the highest q~ality. As I stated during my video taped interviev., over two years ago, for these principles to be effective in se.~ting the tone for the organization, they must be lived, not merely talked about. Dis~la s the ersonal skills attributes and ualities re~ired for .s..UCCessful leadership. Taken as a whole, I refer once again to the level 0---7 success in managing this highly complex, varied and dynamic organization. 5 1013 The success that this organization has enjoyed is the product of its effective leadership. Other Comments: I feel that I have done a good job in a very challenging environment. External resources have confirmed that the organization is well run. For example, the annual citizen survey conducted by the League of Women Voters consistently reports a high level of public satisfaction in general with county services with increasing satisfaction during my tenure. In addition, the Comprehensive Annual Financial Report recently completed by the County's external auditor confirms that the County is on strong financial ground. All of this despite ',.he challenge of managing a very diverse government organization of approximately 1200 employees and an annual budget of slightly less than $500,000,000. Yes. there are problems to be addressed. It would be unrealistic Io expect othen,,,,ise in an organization as complex as this. I have recognized these issues and have put mechanisms in place to deal with them. Clearly, more work needs to be done in this area, i would have appreciated the opportunity Io address these areas of concern now that they have been publicly expressed by a majority of the Board of County Commissioners. dTTA CHMENT "B " _COUNTY ADMINISTRA TOR 'S ATTENDANCE A T LOCAL FUNCTION,~' J_.4NUAR Y 1998 THROUGH MA y 1999 SCHOOL TOUR - SHADOWI.~I IISN ELEMENT,.tR y ?61PLES CtL4MBER PRESIDENTS CLb~ BROIl%r BAG LU~WH. CENT~L LIB~RY IE.ILKqMERICA E,~CUTI~ L ~5¥CHEON GOLDEN G.-I TE SItE~FF'S RIDE~4LO~%~ L%TTED I~ y RECOGNITION RECEPTION SCHOOL TOUR - SI~DOW~ I~ ELEMENTAR Y ECONOMIC DEVELOPMENT COUNCIL SOCL4L SttERIFF'S "DO THE RIGItT TILING" CEREMONY ItlS TORIC4 L SOCIETY LUNCH (PALM CO TTA GE) BROIl' BAG L~¥CH. R~L PROPERTY 3LqRCtt OF DIMES ATCKOFF CONSER ~5t,~WY BR~KFAST B R 0 ~¥ BAG LUNCH - INFO R3IA TION TECItNO LOG Y FOCUS MEETING SCttOOL TOUR. VINEYA~s ELEMENTARY MEDIC4L E.~MINER DEDICATION CEREMONY DRILL A O~D&IIy CEREMONY .ILl R CO LIBRA R Y GROL;VDBR~4 KING 1/14/98 1/1.5/98 1/22/98 1/29/98 1/30/9,¥ 2/3/98 2/4/98 2/4/98 2/9/98 2/17/98 2/26/'98 3/5/98 3/9/98 3/9/98 3/13/98 3/18/98 3/1/9/98 3/2 7/98 EDC GOVERNANCE COM'MITTEE MEETING BR 0 ~ISV BAG LUNCH - OCPM tVORKDA y_ INFORMATION .TECItNOLOGY LEADERSIIIP FLORIDA MEETING BROII,W BAG LE,SYCH~ NATURAL RESOURCES SUNRISE ACADEMY GRAND OPENING BROIF'N BAG LL,5¥CH- NNIFI~'Tp LOII.'E',5' GR..IND OPENING OPEN HOUSE- I~%¥ ON sm CLEI/ELAND CLINIC TOPPING OFF CEREMONY L~I.'t[OK..tLEE GR..tNT PRESENTATION BR 0 I~.'~/ B.4 G Lf~SVCH. II'ASTEIE4 TER COLLECTIONS EDC GOVER,%tNCE COMMITTEE MEETING BRO IFN BAG LUNCH - SIFIt/Tp JUDGE ELLIS RECEPTION B R O II/TV BAG L UNClt - HU~IlAN RESOURCES TAX CERTIFICATE SALE BRO IlO; BAG LUNCH- SOLID I~:.tSTE EDC GOI/ERNANCE COMMITTEE MEETING GOLDE. V G..I TE CItAMBER OF COMMERCE SCItOOL TOUR- TAKiiZON BROI~V BAG LOSVCIt. CODE ENFORCEMENT EDC RECEPTION. HOUSING FINANCE BD OF DIR. 4/1/9,¥ 4/I5/9,S' 4/17/98 4/23/98 4,-73/98 4/2 7/9,¥ 4/29/98 4/29/98 4/3O/98 5/1/9,¥ 5/7/98 5/7/98 5/1 I/'9 8 5/14/98 5/2g'98 5 /2 ,W9 8 5/2 ,W98 6//4/~ 8 6/4/98 6/1 O/98 6/11/98 lOf] NAPLES DIAM'OND JUBILEE BRO lf'~ BAG L gaS~,~CH. A GRICUL TURE GA TEI~51 Y TRL.t~LE MEETING EDC GO ~TRNANCE COMMITTEE RECEPTION A T MUSEUMS[ G~tND OPENING- TIlE CARLISLE BROI}W BAG LUNCIt- SUPPORT SERVICES ~%IPLES ~IKES COUNTRY CLUB G~ND OPENhVG BOLVER L4ND DESIGN OPEN HOUSE GOLDEN GA TE COMMUNITY P.4~ A Q UA TIC FA C. BROI~r BAG LUNCtI- COMMUNITY DEVELOPMENT WOR~A y. DOMESTIC ANI3~L SER VICES IlAR VEST PA~DE IMMO~LEE S..1 T. GEO. IE4SItlNGTON F~G ~ISING FIDDLER'S CREEK RECEPTION C~,I[ BAY RESTO~TION GROUNDBR~4ATNG LEE CO65YTy. REGIONAL GO VE&VMENT :WGIfT BROI?W BAG LUNCIt. OMB FL ORIDA SCE;%?C ItlGItlVA y DEDICATION ,4 GRICUL TURE TOUR S,,IE ItlSPA,WCA F~.tlRS AD VISOR y BOA RD DIVERSITY MEETL,YG MUSEUM-SIE4MP BUGGY ~CING ESItlBIT/RECEPTiON 12/1/98 12/3/98 12/8/9,¥ 1/21/99 Z/l~99 2/11/99 2/7 9?) 9 2/25/'99 Z05/99 3/I/99 3/4/99 3/5/99 3/6/99 3/9/99 3/10/99 3/1 I/99 3/I 1/99 3/1,°/99 4/7/99 4/10/99 4/22/99 4/23/99 COUNTY PICNIC PAINT }'OUR tlEART OUT CINCO DE MA YO FESTIVAL MUSEUM OF TIlE EVERGLADES Isr A~X5¥IVERSAR Y NATIONAL DAY OF PRAYER -C,4MBIER PARK I VIC BRE.4 KFA S T SA T. S..IE SUN. 4125/99 5/1/99 511/99 512/99 516/9 9 5110/99 1© A TTA CHMENT "c' CO~:5¥TY ADMINISTRATOR SPEAKING ENGAGEM. ENT.5' JANUARY, I998 THROUGtt APRIL, I999 BONITA BEACtI ROAD DEDICATION CEREMONY T.*LYP,4 }'ERS' ACTION GROUP CIIAMBER MEETING A T REGISTRY RESORT lIAR VARD CLUB PELIC.4N BA Y PROP. OII5¥ERS' ASSOC. GOLDEN G,,I TE CIVIC ASSOCIA TION ROTARY CLUB AT COLLIERATHLETIC CLUB CItAMBER OF SOUTItWEST FL ORIDA MPO MEETING lxSX'OIV YOUR COUNTY GOVEI~'MENT LUNCtt NAPLES MENS' CLUB :~5tPLES A REA BOARD OF REAL TORS PINE RIDGE CIVIC ASSOCIA TION GOLDEN GA TE CIL4MBER OF CO.$LIIERCE I:: 4ST NA PL ES CIVIC ASSOCL,! TION FGCU PRESENTATION ASPA CHAPTER LE, 4DERSItlI' COLLIER MASTERS' RETREAT GOLDEN G,.! 'rE CII'7C ASSOCIATION TO,'IST3£.ISTERS' CLUB S,.I T. 1/8/98 1/8/98 1/22,/98 2/2/98 2/9/98 2/9/98 2/12/'98 2/12/98 2/2 7/'98 3/I 0/98 4/1/98 4115/98 4/16/9,¥ 6/4,'98 6/I 1/98 9/12/98 10/? 9/98 11/9/98 12/9/'98 RESERVE OFFICERS' ASSOCL4 TION FIRST PRESBYTERIAN MENS' CLUB }51ICA YOUTIt IN GOVERNMENT CAUCUS (P,.INELIST) ST. K-I TttERINE'S CHURCH COLLIER REGIONAL SCIENCE FAIR (JUDGE) KIIE4NIS CLUB LEADERSHIP COLLIER. LOCAL GOVERaVA,*'CE E.4 S T NA PL ES CI VIC A SSO CL4 TION LE.4GUE OF WOMEN VOTERS- VOLUNTEERS 1/7/99 1/11/99 1/19/99 1/20/99 2/12/'99 $/$/99 3/11/9 ~) 4,:U'9 9 4/15,"9 9 State of Florida Department of Community Affairs Bureau of Community Assistance Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRA/gT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 99-DV-Cl-09-2i-01-009 in the amount of $91,125, for a project entitled: Domestic Violence Unit Project for the period of 03/01/99 through 12/31/99, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions,, governing this subgrant. 'gnature of Authorize lCl~Xl) (Date of AccePtance) Pamela S. Mac'Kie, Chairwoman, Collier County Cora~ission (TylS~d:'N&tne and Title of Official) Al-TEST: DWI, GHT E. BROCK, 'C.L .~,3RK Attest as '~o Chatrm~'$ signature DCA-CJ Form i (June, 1985) ...A resolution to stimulate a diversity initiative in Collier Couuty... (Proposed draft prepared by Frank Rodriguez) The United States of America has achieved world leadership and power by developi,e common ties and bonds among people of diverse nationalities and cultures, worki,~ to reach the common goals of freedom, equality and the realization of the American dream. One of the strongest bonding elements has been the use of the English language in National and International relations, as the common language for private, public business and official communications among its multi national, multi cultural and multi ethnic society. The State of Florida holds a most strategic geographical location, which facilitates business and other relationships with Countries of diverse cultures including .Mexico. the Caribl~ea, .'Nations, Central America and South America, and such a favorable location has enh:,nced the State's economic growth to reach a higher rate than that of the United States. to a level that if it was an independent Nation it would be the 16th largest market in the world, and the 5th largest economy of the Americas. Collier County's growing diverse population reaffirms the fact that people from diverse cultural and ethnic backgrounds who recognize the use of English as their common language, work together toward a common goal, and realize that their st,ccess depends upon supporting and stimulating innovation, teamwork and sharing of iuformation achieved from diversity.. Page I of 2 The Board of Collier County Commissioners values diverse backgronnds, fresh appro:~ch to problem solving, English as a common language, and insight into the culture of all rcsidcnls and visitors, and furthermore recognizes that economic opportunitie.~ and tile success generations to come in the local and global market, depends upon the continuin~ sttcccs~ all of us advancing diversity in the public, private and corporate sectors. The Board of Count).' Commissioners resolves and hereby publicly announces, that it encourages, supports, promotes and will lead a Count).' wide "Diversity Iniliative." throughout all Count).' Government Agencies, Departments, appointed or volunteer' Boards of Advisors, existing or new Committees to be created in future years. Furthermore will encourage the private sector to enthusiastically join this "Diversity Initiative." l'or tile mutual benefit of Collier County existing and new residents, visitors and foreio~n entrepreneurs who will be welcomed to their new "Home," in Collier Co~,ntv. Respectfully submitted, Page 2 of 2 Naples DaiLy Xe~s Naples, FL 34102 Affidavit of Publication Haples Daily Ne~s BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFEREHCE: 001230 #912501 57866833 91-102/R-99-04 NOT[C State of Florida County of Collier Before the undersigned authority, personally appeared 8. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Heys, a daily newspaper published st Naples, in Collier County, FLorida: that the attached copy of Advertising vas published in said newspaper on dates listed. Affiant further says that the said Hap[es Daily He~s is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered es second class mail ~tter at the post office in Haptes, in said Collier County, Florida, for a pert~ of I year next precedi~ the first publication of the attached copy of advertiseeent; and affiant further says that she has neither paid r~r promised any I~rson, firm or coporati~ any discount, rebate, co~ission or refu~ for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/25 AD SPACE: 135.0(X) INCH FILEO ON: 04/26/99 Signature of Affiant ~" ' '/ "~' J ~3 Personally kn~n by me 91.102/R-9~-04 NOTICE OF INTENT TO CONSIDER ORDINANCE tJotlce is hereby given tnot on TUESDAY, MAY 11, 1999, In the Boor dr oom, ~'d A~mi~$1~of~n Bulld~, Colper Coun~ m~t Ce~er, 3301 E~I T~I Troll, C~ C~mlSsIon~r s c~e ~ ~ A.~ The ~e ~ ~ ~e Is ~ f~lo~: AN OROlNANCE AbSENtING ORDI- NANCE NU~BE~ 91-102, THE C~LIER COUNTY LAND DE- VELOPMENT CODE WHICH INCLUDES THE COMPREHEN- ~ ZONING REGU- LATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY~ FLORIDA BY A~NOING THE OFFICIAL ZO~ING AT- LAS ~ NUM~RED ~23~ BY CHANGING THE ZONING CLA~SI- FtCATtON OF THE HEREIN DESCRIBED REAl- PRetTY LO- CATED ON THE NORTH SIDE OF PIP- ER BOULEVARD I~. ~EDIATELY WEST OF CYPRESS WAY. FUROR ~1~ AS BL~K B. PALM RIVER ESTATES UNiT 4, IN SECTION ~], TOWN~IP 4~ SOUTH, RANGE 25 EAST, COL- L~R COUNTY, DA, FRO~ C-1 TO PROVIDING FOR STAFF AHD PLAN- NING COmmISSiON STIPULATIONS: AND BY PROVIDING AN EFFECTI~ DATE. Petition No. R~d D. Yov~lch o~ Go~leffe Colemon & ~ N~les O;n~ T~. otre As~oclotes Ltd., ~d~e ~e ~ file ~e ~ol~le f~ In~ec- ~. AIl ;~est~ ~e~ ~e ln~ to ~end NapLes DaiLy Ne~g NapLes, FL 3&10~ AffidavLt of Pub[tcmt~on BOARD OF COUNTY CO~H]SSJOFlERS ATTN: TONYA PHLLL[PS PO BOX NAPLES FL 34101-3016 REFERENCE: 001230 #912501 57&66~33 91-102/R-99-04 NOTIC State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, uho on oath lays that she servel as the Assistant Corporate Secretary of the Naples DaiLy Ne~s, a daily ne~spoper published at NapLes, in CoLLier County, FLorida: that the attached copy of Advertising uss published in said neuspaper o~ dates Listed. Affiant further says that the said NapLes DaiLy Ne~s is a newspaper pubLished at NapLes, tn said CoLLier County, FLorida, and that the said nevspaper has heretofore been continuously published tn said CoLLier County, FLorida, each day and has been entered as seco~l class ~ett matter at the post office in RapLes~ in said CoLLier County, FLorida, for a period of I year next preceding the first pubLicatioN of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or ¢oporatton any discount, rebate, coemissJon or refund for the purpose of securing this advertisement for pubLicatto~ in the said newspaper. PUgLISNED ON: 04/25 AD SPACE: 135.O00 ~NCH FZLEO ON: 04/26/99 Signature of Affiant Z ' PersonaLly k~n by me NOTICE OF INTENT TO CONSIDER ORDINANCE Nollcl It her~o¥ given thatan TUESDAY, ~ C~mitsloners AN ORDI/4ANCE AMENDING ORDI. NANCE NUMBER COUNTY LAND ~- VELOPMENT CODE WHICH INCLUDES THE CO~PREHEN- ~ ZONING REGU- LATION~ FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~NG ~ ~1~ ZONING AT. 15~ BY CHANGING T~ ZONING FICATION OF THE HEREIN DESCRIBED REAL PR~RTY LO- CATED ON THE ER BOULEV~D I~. ~ED ATELY WEST OF CYPRESS WAY, F~THER A~ B~K B, PAL~ RI~ ESTATE5 UNiT RAN~ 25 EAST, L~R C~NTY PROVIDING FOR ~TAFF AND PLAN- NING CO~MISSION ~TIPU~ATION~ AND ~Y PROVIDING AN E~CTI~ DATE, Petition NO. R-99-04 ~ee~e. Coleman & atre Associates NOTE: All persons ~ ~m m~t re~s. me ~ a v~m OF R, COUNTY~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS. To: Clerk to thc Board: Please place the follo~ing a~ a: XXX Normal legal Advcn,semcnt [] Olher: gDisplay Adv.. location, etc.} Petition No. (If none. g~ve bnefde~npl~on). Petitioner: (Name & Address): Naples Dinner Theatre As~iales. Lld. 995 Aqmq Circle. Naples. FL ~ Name & Address of any ~r~n{s) Io ~ nolified ~' Clerk'~ Offi~: (If more spa~ i~ n~ded, a.ach ~parate shec~ Richard D. Yovanovich of G~lclte. Coloron & John~n. P.A.. 4~1 Tnmiami Trail Noah. Suite 3o0. Naptes. H~fing ~fore ~X BCC BZA ~hcr Rcqucsled Hearing dalc:__~~ Bo~d on adve~mcn~ ap~nng 15 da)s ~forc hc,trin~ Newspa~r{s) lo ~ u~d: (Complete only if implant) .~XX Naples Daily News Other ~ Legally Required Pro~d Texl: {Include le~! d~fiplion & common l~lion & Size: R-99~4, Richard D. Yovanovich of G~lel~e, Coleman 1.0hn~n, P.A.. reor~min~ Naol~ Dinner ~ A~ial~ Lid.. moes~in~ a rezone from g-I lo C-3 for p~,,~y no~h side of Pier B0ul~'ard imm~iatglv ~ of C~ Way. ~her d~fi~ aS Bilk B, Pahn River E~a~es Unit 4j.n ~lion g.3, Township 48 ~ulh. ~nee 25 ga~. Collier C~nN. ~o~dn. consi~in~ of .77~ C~panion ~lilmn(s). if any & pro~ bearing dale D~k ~c{ition Fee include advc~sing cost'~ ~ ~ No If Yes. x~hal account should ~ char~cd 10r adx creasing cosl~ I~il3~I~8312~49110. ~.-- ti ~ · Dn'~on H~ Da~e Coun~ Manager Lisl Allachmenls: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division ilead approval befnrc submitting to County Manager. Note: If legal document is involved, be sure that any necessan' legal review, or request for same, is submitted to Counly Attorney before submitting to Count~ Manager. The Man;~ge~"s office will distribute copies: ' [] County Manager agenda file: to [] i~quc~lin~ D|,,ision [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file FOR CLERK'S OFFICE USE ONLY': Date Received: .t-~_4//O,~ Date ofPubtic heanng: ..,ff~.////~ Date Advemsed: ~/~- ,.~/qJ ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I02. THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISIIED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATEI) AREA OF COLLIER COUNTY. FLORIDA. BY AMENDIN( ~ THE OFFICIAL ZONING ATLAS MAP NUMBER 8523S BY CHANGING THE ZONING CLASSIFICATION OF Till:. HEREIN DESCRIBED PROPERTY LOCATED ON TttE NORTH SIDE OF PIPER BOULEVARD IMMEDIATELY WEST OF CYPRESS WAY. FURTHER DESCRIBED AS BLOCK B, PALM RIVER ESTATES UNIT 4. IN SECTIDN 23, TOWNSHIP 48 SOUTH. RANGE 25 EAST.' COLLIER COUNTY, FLORIDA. FROM C-I TO C-3; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich of Goodlette. Coleman & J,~hnsoi'~. P. A.. representing Naples Dinv. er Theatre, Ltd.. petitioned the Board of County Commissioners t, change the zoning classification of the herein described real property; NOW. THEREFORE BE IT ORDAINED BY THE BOARD ()1: C¢)I~NTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA: ,SECTION ONE~ The zoning classification of the real property as more particularly described by F~xhibil "A". attached hereto and incorporated by reference herein, ~d located m Section 23. Township ,18 South, Range 25 East, Collier County, Florida, is changed from c'-1 to C-3 arid the Official Zoning Atlas Map Number 8523S, as described in Ordinance 91-1~2. thc C'ollicr County Land Development Code is hereby amended accordingly. The herein dc.scribed real property is the same for which the rezone is hereby approved subject lo Ibc tbllowing conditions: Exhibit "A" This Ordinance shall become effective upon filing with the Department of Slate. PASSED baND DULY ADOPTED by ~e Board of County Commissioners of Collier County, Florida, this ~ day of __, 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: PAMELA S. MAC'KIE, Chairwoman - APPROVED AS TO FORM AND LEGAL SUFFICIENCY MAPJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY g/admin/sue/R-99-04 REZONE ORDINANCE/ I, , as authorized agent for Petition , agree to the following stipulations requcslcd by thc Collier County Planning Commission in their public hearing on < >, 1999. PLANNING: PETITIONER OR AGENT STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledged before mc this ___ day of 1999 by _. who is personally known to mc or who has produced as identification. -- (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: REPRESENTATIVE FOR CCPC Exhibi~ "A" STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agre~l~nt Sheet was acknowledge~l before me this ~ day of 1999 by _, who is personally known to me or who has produced as identification, (Signature of Notary f'ublic) NOTARY PUBLIC Commission # My Commission Expires: g/3d~r~suc/R.99-O~ 12R! · '0: ~ X~]C~l~__ NAPLES DAILY NEWS · ~'f~J[~- ELLIE HOFFMAN Agril 2, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition R-99-04 Dear Pam: Please advertise the above referenced notice one time on Sunday, April 25, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 11_~199_~9 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a Counsy Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COL~TY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8523S BY CH~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY LOCATED ON THE NORTH SIDE OF PIPER BOULEVARD IMMEDIATELY WEST OF CYPRESS WAY, FURTHER DESCRIBED AS BLOCK B, PALM RIVER ESTATES UNIT 4, IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER CO~TY FLORIDA, FROM C-1 TO C-3; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. R-99-04, Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A., representing Naples Dinner Theatre Associates Ltd. requesting a rezone from C-1 to C-3. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested narties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator r~ior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted i0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEA5) April 2, 1999 Naples Dinner Theatre Associates, Ltd. 985 Aqua Circle Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition R-99-04 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Elli=_ Hoffman, D~outy_. Clerk Enclosure April 2, 1999 Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition R-99-04 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Nap]es Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK. CLERK Eilie Hoffman, Deputy Clerk Enclosure ( )RI)IN..\N('I~ NO. 9'0- 32 AN ()t.(DIN:\Nf.'l' .',,MI';NDING ()RI)INAN('I! Xl'.',.ll'~i<l< ')I-IIC. TIlE ('OI.I.II!R ('()[;NTY LANI) ('OI)I! \VI{ICIt f(.%~ABI,ISilIil) Till{ ('O.MI'P,F. IIt!N.$1VI: ZONING RI!(iUI...\II()NS F()P, Till[ UNIN('f}I<P()R..\Iid} ..\I(I:.A {)F ('OI.I.II!}.~ ('O[.'N'I'Y. FI.OP, IDA. I'}Y AMI!NI}IN{} 'I'IIl_-' OFI:ICIAI. ZONING :VI l.:\S .MAP NI._'.XII,~I!I,~ ('ttANGING TIlt! ZONING {2'I.ASSII:I('ATtON {}l: I Iii. 1t[-2P, I-'.IN [)[:..S{-'P, Ii~I!D PP,()PI;.RTY 1.O('ATI~I){}N 'illi.' N(.)WFII SII)I.2 OF PII'I-2t~. t~OUI.F.V:\IU) \\'liS'I' (}I: ('YI'f(I!.%S \VAY. I:UP, TIlliP, I)I!.$('I.~IBI:I) BI.(}{.'K B. t'..\I.M I~l\'t!I~, I!ST:\'I'I!.% ['NIT .1. IN 23. 'I'{)\VN.SIIIP 4,', .$(}(.TI'll. I.~,,\NGI-2 25 I!:\SI'. ('(}l ('(}I'N'I"C. I:I.{-}I~,II)..X. FI((}M ('-] T{} {'-3. }'[((}Vll)lN(~ FOP, STAFF \N[) 1'1 .,\NNIN(i ('()XIMINSI( S'I'IPI'I.:X'II{)NS: ..XNI) B't' PP,{}VII}IN{J ..\N I):VI I! \VtlhRl!.,',,.~. P, ich:.u'd 1) Yov.mc, vich ~d' {hw,,.l)c'llu. ('ol,.'n~;m ,',: I,.dm:-xm. i' .\. rcprcscntm~ XapJc~ [}il:ncr 'l'hcalrc. t, td.. pclitumlc,'l l)~c I~O;l!-d id { 'IILIHI\ { 'C'II]I]IiS~I(IIIL'I?, N()W. I'III~RtLFOR[: Bh I'1 (H(I).XINtLI} I~Y IItIL ICL-XRI) ()l. (()i f'OMM]SSIONI(RS OF C(}I.I,IER ('0[ 'NTY. StL('TIf)N ONE: "A". ;llt;tcJlud hcrct(~ ;ttld ]llcorp,~l;~lcd ~ rclgrcntc hcl'eilh ;tlld J{!L',IIC(~ ill ~t'cIilHI ~3. ,. labS. ('~,]liL'r (',~tlr11v. t:lorala, i~ chan~cd :'r,m, ('-1 h~ ( ; ami II16 ()l'l]c~aJ ~olIHI~ ,'X~iS~ .~]3I} XHr!!hcJ S527S. ;~S described In (~rdm;mcc ')1-if 2 Ibc ( '~llici J. I TsuS PCI'TlliHCd: ..... ] ..... I( '- I ( '~l~lfllcrcJ;tl ProlgsSi¢l~al DJslrJc~) b. [ )Jll~lcr 2. I)c~ch~pmcnt Slandards: a. N'o building sttall cxcccd a i~cight oflhtllT-15vc 1351 Ik'cl. ().', T',V ('): !his ()rdinancv shall bet's,mc d't'ccli~c upoi~ filing ~llh HB_' l)cp;!rtmcm o1' S1;,R' P.,\.%~I!D AND I)I;I,Y ,,\l)()lrl'l{I) by fiw Ih~ard ~>f £'tmnty (,'~mm]issioncr.~ of £'{>liicr County. Florida. this //'X~ davof ~__c_.s.,.~___. 1999. / BO,,\RI) ()l: COl ;N'I'Y £'1 )I.I.II']R (.'()liNTY. ,.Vi'Tir2q'i: DWI(il IT E. BR¢)CK. ('I,}:RK ..x,T'?Rr)VI!D ,,\S 'I'( ) J.( )RM A:',iT) l.l:( ;..'~I..'4i ?l. t'ICll!",'£'Y M,-\I~,J()I*,IE M. S'I'Ui)I!N I' ASSISTANT (.'OI.;NTY A ["I'()RNI:Y ' ................ ....... ' ......... 25". 7,'72-~:Z =.' ............... Co~.en~znq a~ khe southea~L co:ncr cL Et¢;~:~ reco~d~¢] at Flat Beck ~, ~.2~ 69, cf the 2.10 feeL: T~ence run wes: p~r~i],~L ~: the 12B 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-32 Which was adopted by the Board of County Commissioners on the llth day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 1999. DWIGHT E. BROCK Clerk of Courts and Cl'erk Ex-officio to Board of County Commissioner~ By: Ellie Hoffman, Deputy Clerk NapLes DaiLy Ne~s NapLes, rL 34102 Affidavit of PubLica:fo~ t~pLes Daily Neus BOARD OF COgNTY COflHISSIONERS ATTH: TOf~'A PHILLIPS PO BOX 41~O16 NAPLES FL 34101-~O1( REFERENCE: 0012~ 912501 57~3 ~-102 ~TICE OF State of FLorida Cc~ty of Collier ~fore the ~ersJgned authority, persma[[y appeared B. La~, ~ ~ ~th says that she serves es t~ Assistant Cor~rate Secretary of the D~t[y N~s, a dally n~s~per ~bLish~ et ~epLes, in Collier C~ty, FLorida: that the attech~ c~ of ~vertJst~ ~es ~bLish~ in said n~s~r m ~tes Affiant further says t~t the said Naples Daily Co[[Je~ C~nty, FLorida, e~ t~t the n~s~r ~l heretofore ~en ~[~lh~ in laid Collier C~ty, FLorida, each day eM ~s ~ enter~ as sec~ class ~iL ~tter at t~ ~st office in Naples, in said Collier C~nty, FLorida, for a per~ of 1 year next prec~i~ the first ~Licati~ of the attech~ c~ of ~vertis~ent; a~ affiant further ~ys t~t she ~s neither ~id ~r pr~ts~ any ~r~, firm or c~rati~ any dJlc~t~ re~te, c~isst~ or refu~ for the ~r~se of ~ecurt~ this advertJse~nt for ~Licatt~ in the said n~spe~r. PUBLISHED C~I: O4/11 AD SPACE: 160.0OO INCN FILE0 C~: 04/12/99 .............................. · T ........................................... Signature of Affiant 91.102 t~OTICE OF I~TENT TO CONS~)E~R O~DINANC[= Not~e P~ h~ebv ~v~ enot on TUESD~ ~r~m 3rd FI~. A~nls~ ~ulldlna, ~ C~er, 3~1 Eost F~I~, ~e ~rd of C~ntv ~mlssloners ~11 c~ ~ en~- me~ of a C~ Ordt- comme~e ~ 9:~ A.M. The rifle ~ ~e prod ~dln~e Is os AH ORDIUANCE NANCE ~1-102, T~ COLLIE~ COUNTY L&ND VELOPMENT CODE THE COMPREHEN. SI~ ZOt~l~ ~EGU- LATIONS FOR THE UNINCORPORATED AREA OF COLLIEP COU~TY, FLORIDA BY AMENDING THE OFFICIAL ZONII~G AT- LAS MAPS ED ~52Sli, ~525S, 8S275, 8535S, 8536~, AND fl53536 CHANGIt~G THE lNG CLAS~FICATIO/~ OF THE ~REIN ~- ~D REAL ERTY FROM "PUD" TO '~UD" PLANNED UNIT OE~L~NT KNOWN AS PELICAN ERTY L~ATED ~EDIAT/CY NORTH TO VANDERBILT ~EACH ROAD (C.R. US 41 N~TH, TO PLANrI[D LIV. INGSTON ROAD RIGHT.OF -WAY ~CTIONS ~S 27, 34 ANO ~, TO~N~' SOUTH, RAr~OE 26 EAST, COLLIER j ORDINANCE 99- · \N ORDINANCE AYiENDING ORI.)INAN('t: NU,',IBt!R 9I.it?, TIlE COLLIER COL'NTY I..,\N[) I~E\'I:t. QP,MEN1 ('ODE, \Vi-!ICI-t INCLUDES 'I'ttF. COMPREIiENSIVE ZONING REGUI.ATIONS FOR TIlE UNINCORPORATED ARFA OF COI.!.IFR c'o~ 'N'I.','. FLc)RiDA. BY ,.\M ENDI:.~G OFFI('I..\I. Zc3X. iNi; .Vii.AS MAPS S525N..q525S. '527N. s52-S. S534N. S5345,. Sf35N. $53SS. g536N. ~'~,5:, AND 853536 B'~' ('!b\NtilN(} DES('P.![II:.D Rk\L PROPERTY FROM "PI.'D" I'i..\:,'.'.:fli~ UNII. DE\:ELOPMENT KN~>WN :\S PEI.ICAN :.',.-\RStt. FOR PROPER'I'Y I.OCAFEI~ IMMEDIATEI.'~' N'ORTtl OF AND CONTIGUOUS 'I'© VANDERBILT BEACH ROAD (C.R. 901). US NORTII. TO TIlE PLANNED Lf\,'INGSTON ROAD RIG}iT-OF-WAy IN SECTi'ONS 25, 27, 34. 35. AND 36, 'FOWNStflP ..18 SOU'I~Ij'. RANGE 26 EAS'F. COI.LIER COUNTY. FLORIDA. CONSISTING OF 2072 s,$ ACRES. MORE OR I.ESS: PRO",'IDING I:O~. 'file REPEAL OF ORDINANCE NUMBER ,)7.'7,). 'I.ttE FORMER PELICAN ,MARSIf PUD; AND P,'~' PROVIDING ;\N [(FFECTIVE DATE. WItEREAS. George I.. Varnadoc ,,t' Yrmng. van Assenderp and Va:n,~dnc. p...\... classification of the hereto described real propcn>. NOW TIIEREFORE BE II ORDAINED BY THE Bt)AR[> (~f: ('t~[ COMMISSIONERS OF COLI.IER COUNTY. FI.ORIDA: The Zoning Classification of the herein described real propemy located m Seclhms 25, 27.34. 35 and 36. Township 4S South. Range 2r, East, ('oilier County, Florida, is changed from "PUD" "PUD" Planned Unit Development m accordar~ce with the ['UD Doctmae::t. amlchcd hcrc[o as "A". which is incorporated hereto :tilt} h,.-:'e:brc~cc made paa }:ercof. The OFficial Zoning .,Xtlas Map> numbered 8525N. S525S. S527N. S527S. ~534N. $534S. 8535N, S535S. g536N, S536S ANI) S5353t,. as dcschbed in Ordinance Number 91-102. the Collier County l. and Dcvelopmu.~ Cmlc. arc hereby amended accordingly. Ordinance Number 97-79. kmm n as thc Pelican Marsh PUD. adopted on December 9. 1~7 by the Board ofC,mnty Comm~ss,~ners oI'('*~i}i~2r (*ounty. :s hcrcb'..' repealed in ilg cnlirctv. This Ordinance shall become effective upon filing with the I)epartmcnt of State. I'ASSED AND Di :i,Y ADOPTIED bv Ibc Board of C'cmnly Comn:issi,)ncrs t~l' C'oliicr Corm:y, Florida. this ._ __ dav ATTEST: DWIGItTE. BROCK, Clerk BOARD OF COUNTY COMM ISSIONL:RS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency q'9""~ Marjorie M. Student Assistant Count,.' Attorney BY: PAMELA S. MAC'KIE, CH a. It~,\VOM:\N EXHIBIT A PELICAN MARSH COMMUNITY A PLANNEI) UNIT DEVELOPMI&NT 2072.88+ Acres Ix)cared in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: WCI COMMUNITIES, L.P. 124301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 PUD 93-1, ORDNANCE 93-27 - ORIGINAL PUD 94-9, ORDINANCE 95-4 - AMENDMENT Psd't304-9(~ ORDINANCE 95-50 - AMENDMENT term,,t~,,,v.r,,v ORDINAN(;E 9:5-7~ - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 1/29/{)9 TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECIION II SECTION III SECTION IV SECTION V S ECWION VI SECIION VII S F__,Cn ON VIII LEGAL D -F..SCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJF__~T DEVELOPMENT RESIDENTIAL DISTRICT GOLF COURSE, RECREATION & OPEN SPACE D IS'I"RICT RESERVE DISTRICT CULTURAL CENTER DISTRICT ACTIVITY CENTER DISTRIC-~ GENERAL DEVELOPMENT COMMITMENTS PAGE ii iii 1-I 2-1 3-1 4-1 5-1 6-1 7-1 8-1 LIST OF EXtlIBITS MASTER PLAN (WMB&P, Inc. File No. RZ-219-H) STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the WCI Communities, I..P., hereinafter referred to as WCI or the Developer, to create a Planned Unit Development (PUD) on 2072.88_+ acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 E,'Lst, Collier County, iqorida. 'Iq'se name of this Planned Unit Development shall be Pelican Marsh Comtnunity. The development of Pelican Marsh Community will be in general compliance with the planning goals aM objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District/Urban Residential SubdisLqct as identified on the Future Land Use Map as required in Objective 1, of the Future iztnd Use Element (FLUE). The purpose of the Urban ResidentiaJ Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The proposed density of Pelican Ma. rsh Community is 2.5 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four units per acre. Certain parts of the subject proper'~y are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and intcrconnection density r,.xluction, which when taken collectively anti applied to the property yield an allowable density greater than three units per acre. Pelican Marsh Community is compatible with and complcmcntaD, to existing and future surrounding land uses a.s required in Policy 5.4 of the Future l~nd Use Element. Improvements are planned to be in substantial compliance wiLh applicable land development regulations as set forth in Objective 3 of the Future l~as~(l Use Element. The development of Pelican Marsh Community will result in an efficient ;md economical extension of community facilities and services a.s required in Policies 3. I.H ,~d L of the Future Land Use Element. Pelican Marsh Community is pla. nned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objex:rive 1.5 of the Drainage Sub-Element of the Public Facilities Element. o Pelican Marsh Community is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination a.s set forth in the Collier County Land Development Code Planned Unit Development District. Pelican Marsh Community represents a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future l.,and Use Element. SIIORT TITLE This ordinance shall be known a~nd cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPME~ ORDINANCE". SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSilIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Pelican Marsh Community, and to dc.scribe thc existing condition of thc property proix~scd to be developed. 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2072.88 acres, is legally described a.s follows: BEGINNING at the soathwest corncr of Section 27, Township 48 South, Range 25 l~a.st, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00°38'20' West 2623.40 feet to the west I/4 comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00o39' 12' West 827.69 feet; thence leaving said line North 89020'45" East 3844.57 feet to the westerly right-of-way linc of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05°34'48" F2st 3545.96 fcet to the muth line of said Section 27; 2) South 05033' 10" l-hst 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central anglc of 12042. 18" and being subtended by a chord which bears South 00°47'59" West 619.60 feet; 4) South 07°09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses; 1) 2) 3) 4) 5) 6) 7~ South 89°50'58' West 88.21 feet; North 31°34'00' West 120.19 feet; Noah 05037' 10' West 956.47 feet; South 74046'39.. West 379.98 feet; South 12°04'43' 'East 23.53 feet; South 87°09'43' West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64°46'40" and being subtended by a chord which bears North 48050'02'' West 1757.26 feet; 8) thence thence thence radius which North 81°13'22'' West 737.85 feet; leaving ~.id plat boundary North 0(Y03' 39' West 707.85 feet; South 89°33'32. -East 336.81 feet; North 00026'28'. East 180.64 feet; northerly 37.60 feet along the arc of a circular curve concave ca.sterly having a of 130.00 feet through a central angle of 16034' 19" and being subtended by a chord lxxars North 08°43'37' F~st 37.47 feet; thence North 17°00'47" [&',,st 181.41 feet; thence northwesterly 654.92 feet ;dong thc arc of a circul:u' curve concave muthwcstcrly having a nulius of 395.00 fc~t through a central angle of 94°59'52" and being subtended by a chord which bears No,-th 30029'09" West 582.44 feet thence North 77°59'05" West 144.30 fo'ct; thence northwesterly 418.87 feet along the arc of a circular curve concave northca_stcrly having a radius of 800.00 feet through a central angle of 29°59'57'' and being subtended by a chord which bears North 62059'06" West 414.10 feet thence North 47o59'08" West 100.03 feet; thence westerly 615.18 feet akmg the arc of a circular curve concave .'.¢~uthcrly haying a radius of 826.09 feet through a centr, d angle of 42°40'04.' :md tx.'mg subtended by a chtmt which bears North 69° 19' 10" West 601.07 f~t; Lhence South 89°20'48'' West 204.55 fe,2t to the ',,,'cst line {ff right-of-way line o£ U.S. 41; thence along .~q. id line North 00039'20, West 665.92 fcmt to the Point of Beginning; LF..SS AND EXCEF'F all that part of Pelican Marsh Unit Five as recorded in flat Btx)k 22, pages 88 through 89 Public Records of Collier County, Florida being mort'. particular described as follows; BEGINNING at the norlhwcsterly corner of .~dd Pelican Marsh [.Init [:Jvc; thence along the boundary of said ['clican ,",larsh Unit Five South 89°33'32" [~tst 306.56 feet to a point on the west line of Tract WF-1 (Drainage thsement) according to the Plat of Grand Isle at Pelican Marsh, Plat [k)ok 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00°00'00' East 481.17 feet to a [x)int on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of ['elican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 fcct along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00. through a central angle of 07°13'26, and being subtended by a chord v,'hich bears South 88°15'16~ West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five: thence along said line North 00°03'39' West 492.87 fcct lo thc POINT OF BEGINNING of the parcel hcrcin described; Containing 3.40 acres more or less; Subject to easements and restrictions of record. Bearings are ba~d on the north line of ~fid Pchcan Marsh L/nit Five I)cing St:,t~tJl 89°33'32~ thst. containing 573.98 acres more or less; subject to easements and restrictions of record; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEl.: All that pa~ of Section 27, Township 48 South, Range 25 Fzst, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 comer of ~d Section 27; thence along said west line North (X)"39' 12" West 827.69 f~t: thence leaving said line North 89=20'45" Fa.st 577.78 feet to the POIN'? OF BEGINNING of the parcel herein described; thence North 57'47'59" East 46.92 foci; thence North 68°35'21" East 110.88 feel; thence North 00°39, 12" West 187.52 fi:et; thence North 77"43'..k0" F. ast 573.08 feet; thence South 72059'03" Fast 785.48 fe~2t; thence South 00039, t5' th.st 27.71 feet: thence North 89°20'45' [-La.st 503.78 feet; thence South 00°39. 15' Ea.st 100.64 feet: thence South 89°20'45" West 1957.22 fi:ct to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings arc based on the west line of mid Section 27 as being North 00°39' 12" West; AND LESS THE FOI.I.OWING TIIP, EE (3) DILSCRIBED I'ARCEI~$: All that part of Section 27, 'Fownship 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west one quarter comer Section 27, Township 48 South, Range 25 East; thence along the west line of .said Section 27 North 0G"39' 12" West 827.69 feet; thence leaving .said section line North 89°20'45" East 55.00 fcct to thc Point of Beginning of the area thereon described; thence North 89°20'45" :'East 3(,6.45 thence South 00°39' 15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38°45'23" :md being subtended by a chord which bears South 64°19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet throu3h a central angle of 75°24'06" and being subtended by a chord which bears South 07°14'23" -East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66°43'37' and being subtended by a chord which bears South 02°54'07" F2.st 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98024' 12" and being subtended by a chord which bears South 12°56' 10" West 105.98 feet; thence South 62008. 16' West 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93°06' 13" and being subtended by a chord which bears South 15235' 10" West 43.56 feet; thence along South 30057'58- -East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14°16'43.. and being subtended by a chord which bears South 23049'37.' F_~t 19.89 feet; thence along a non-tangential linc South 84°13. 14" East 158.41 feet; thence South 80°55'24" l:~aqt 183.78 feet; · F2st I gO.90 feet; East 261.28 feet; West 394.57 feet; F2.st 271.73 feet; West 120.32 feet; thence South 81°52'51" thence South 00°00'00" thence North 9(Y'00'00" thence North 00°00'00' thence North 84° 13' 14" thence South 33°05'40" thence South 76°56'51" thence North 58°35'21" thence North 15°31'55" thence North 00°41 '41 ~ thence North 28°22'47" thence North 17°11'45" thence North 13°02'52" thence Nor-th 73o36' 14" thence South 49° 16'08" thence South 89o47'08'. thence North 58°00'49" thence North 00039. 12" described; West 54.13 feet; West 89.04 feet; West 65.19 West 74.80 fl',et; West 115.24 feet: -F2.st 171.51 feet: West 1(')6.79 feet; F~st 28.51 feet; West 54.78 feet; West 112.78 feet; West 53.08 feet; West 50.49 feet; West 303.49 feet to the Point of Beginning of the area herein Containing 7.8 acres more or less; Subject to easements and restrictions of record; Bearings are Nased on the west line of Section 27, Township 48 South, Range 25 f-~ast, Collier County, Florida being North 00~'39'12" West; and All that part of Section 27, Township 48 South, Range 25 Fast. Collier County, Florida being more particularly describoJ as follows: Commencfng at the west 1/4 comer of said Section 27; thence along said west line North 00'39' 12" West 827.69 feet; thence leaving said line North 89°20'45" Fa.st 2469.55 feet to thc P()I~F OF BF.(;INNING of the parcel herein described; thence continue North 89o20'45" :East 787.88 feet; thence South 84°45'32" West 23.43 feet; thence South 74°56'42" West 121.32 feet; thence South 79°49'51' West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39~'30' 16" and being subtended by chord which bears North 80°25'01" West 44.61 feet to a point of reverse curvature; thcmce northwesterly 52.92 feet along the arc of a tangential circular curve concave to thc south having a radius of 150.00 feet through a central angle of 20012'57.. and being subtended by a chord which bears North 70°46'21" West 52.65 feet: thence North 80'52'50" West 36.59 feet; thence westerly 46.17 feet along the arc ora tar, gential circular curve concave to the ~mlh having a radius of 80.00 feet through ace. ntral angle of 33004. 13" ,'md being subtended by chord which bears South 82°35'04" West 45.54 feet to a point of rcvcr~ curvature; thence westerly 38.16 feet along the arc ora tangential circular curve concave to the north having a radius of 60.00 feet through a central angle of 36°26'18" and being subtendc(I by chord which bears South 84016'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet aJong the arc ora tangential cJrculitr cu~'c concave to thc .south having a radius of 305.00 feet through a cenlral angle of 12°55'58'' :md being subtcndcxl hy a chord which b,..~rs North 83~'58'44" West 68.71') feet: thence South 89033. 17" West 18.36 feet; thence South 89°39'I 1' West 71.63 fozt; thence North 89o35'03" West 36.03 fozt; thence South 86006'33" West 42.94 feet; thence South 83°,1.4'08" ',Vest 26.23 ft.'ct; thence South 51~01 '05" West 27.49 feet; thence South 33025'42" West 19.95 feet: thence South 15"39'57" '~,'es~ 20.54 feet; thence South 10°54'31" West 34.6,.1 feet; thence South 89020'06" thence North 10'45'58" described; Wesl 101.06 fi.~l; -E,.Tst 101.42 feet to the Point of Beginning of the parcel herein Subject to e~sements and restrictions o£ record. Conhxining 0.48 acres more or Jess. Bearings are based on the west line of ~id Section 27 as being North 00039. 12" West; and All that part of Section 27, Township 48 South, 'Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west I/4 comer of said Section 27; ther~.e along said ,,,,'est line North 00°39' 12' West 827.69 feet; thence leaving said line North 89°20'45' F2.st 3401.12 feet to the POINrF OF BEGINNING of tim parcel herein described; thence continue North 89o20'45'. East 443.43 feet; thence South 05o34'48- -East 147.72 feet; thence South 89o20'45.' West 51.56 feet; thence North 23°56'01' West 13.07 feet; thence northerly 30.72 feet along the arc of a tangent/al circul,'u' curve concave to thc cnu;t having a radius of 80.00 feet through a central angle of 2] °59'53' and being subtended by a chord which bears North 12°56'04" West 30.53 feet; thence North 05°01 '01' West 31.56 feet; thence North 36°19'27" West 32.02 feet; thence North 56°04'43" West 35.11 feet; thence North 80"39'23" West 32.53 feet; thence North 88°39'20' West 97.78 feet; thence North 86°04'48" West 45.79 lc,et; thcnce North 89°49'56' West 132.77 feet: thence North 69040. 18" Wesl 37.23 feet to the Point of Beginning of the l~trccl hr:rem Subject to easements and restrictions of record. Containing 0.38 acres more tlr lc.ss. Pc:mSngs are ba.sed on the west line of.~aid Section 27 as bein~ North 00°g9' 12" West; AND TOGETHER WITH T}tE FOI.I.OWING DI-.~CRIBEI) PARCEl.; BEGINNING at the northwest comer of said Section 35; thence along the north line of .said Section 35 North 89~45'35'' East 5231.69 feet lo west fight-of-way line of Airtx~rt-Puiling Road (C. R. 31); then~ along said westerly fight-of-way line South 00°31 '47' East 5258.31 feet to thc line of said Section 35; thence along ~tid south line South 89<'39'22" West 2541.65 feet. to thc south i/4 corner said Section 35; thence continue along said south line South 89'~39'32" West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89~51'02'' West 391.57 feet tc the boundary line ora parcel dc~ribcd in O.R. Pook 524, page 121 of tine Public Records of Collier County, Florida; thence along the boundary of said parcel North 01°03'33" We.st 295.29 feet; thence condnue along thc boundary of said pazc¢l South 89°:51 '02" West 443.28 IL-et to the easterly right-of-way line of proposed Goodlette-Frank Road ,as r~ordcd in Plat ~xok 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly fight-of-way line North 07°09'0fl" F.,ast 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central ,angle of 12°42' lg" and being subtended by a chord which bears North 00"47'59" East 64g.37 feet; thence continue along said right-of-way line North 05"33' I0" West 262g.44 feet to a t×~int on the north line of said Section 34; thence Imving said right-of-way line and along the north line of said Stx:tion 34 South g9°31'31" -East 772.91 feet to the Point of Beginning: containing 708.39 acres more or less; subject to easements and restrictions of record; AND TOGETHER WITH THE FOI.I.OW1NG DFS;CRIBI-~D PARCEL BF_.GINNING at the northeast comer of said Section 36; thence along the mst line of .said Section, South 02012'03" F_.zst 2671.63 feet ua the east 1/4 comer of said Section 36; thence continue along the east line of said Section 36 South 02°06'2g" F~st 2519.0g feet to a point on the northerly right- of-way line of Vanderbilt l:~?.ach Road: thence along said northerly right-of-way line North 89"39'39" West 2855.35 thence continue along said line North 89043'59" West 2544.g7 fc~et to a Nfint on the easterly right-of-way line of Airpo~-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00°31'47" West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the ~uth 80 feet of tile north 619.49 feet of said Section 36; thence along the .south line of .~'~id h'md North 89:'27'57" F2s! 15.00 feet: thence along the east line of said lasld North 0(3°31 '47" West 80.00 feet; thence along the north line of said I:md South 89027'57.. West 15.0'3 Ir'ct to the cast rigtlt- of-way line of Airlx3rt R~d (C.R. 31): thence, along said right-of-way Nor'Lb fX3"31'47" West 539.49 feet to the north linc of said Section 36; thcmce along said north line Norlh 89"27'57" East 3914.28 feet tO the ~mthwest corner the east 1/2 of the east 1/2 of sztid Scx:ticm 25; thence along the west line of the ea.st 1/2 of the e,xst 1/2 of said Stxztion 25 Norlh 01"54'09" West 2668.19 feet; thence continue along the west line of the east 1/2 of the cast 1/2 of said Section 25 North 01057. 16' West 2567.0(> lt.-ct t~> a point on the ~mtherly right-of-way line of lmmokalee Road (C.R. 846); thence along said right-of-way North 8714'36" }k~_st 1325.57 fcct to thc c:t.st linc of s~id Section 25; thence along said east line of Section 25 South 02"06'59" [k~.st 2569.75 feet to tile erst I/4 corner of Section 25; 1.1 1.2 thence continue along said east line of Section 25 South O2°00'46'' Ir~a.st 2670.97 fcct to the Point of Beginning; containing 789.67 acres more or less; total parcel contains 2076.28 2.072.88 acres more or lc_ss; subject to easements and restrictions of record; Bearings are based op. the State Plane Coordinates 1983 datum !990 adjustment, thc north line of Section 35, being North 89°45'35' -East. PRO PERTY OWN ERSI IIP The subject property is currently under the equitable ownership or control of WC[ Communities, L.P., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 341.34. Detailed ownership infonnation is provided on Attachment 4-1 of thc Pelican Marsh Community Application for Development Approval. GENI-2RAL DESCRIPTION OF PROPERTY Ao The project site is located in Sections 25. 27. 34, 35, & 36 Township 48 South, Range 25 East, and is generally bordertxl on the west by Tamiami 'Fr:,dl Nc~rth ([I.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent l,ake :Estates, Four Sea.sons and lmmokalec Road (C.R. 846); on thc easl by thc future Livingston Road; and on the south by Pine Ridge Subdivision and Vanderbilt lkrach Road, Monterey PUD. F. mcrald l.~'~kes PUD, and Vineyards ['UD. The kw. ation the site is shown on Map A of the Pelican Marsh Community Applicatitm Development Approval. The zoning cla_s.sification of the subject property ms of this submittal is Pill) (Planned t/nit Development). A (Rural Agricultural) and A-ST. FJevations within the site range from 6' t~ 14' above mean .sea level with an average of approximately 11.0 fl.'ct. Per FEMA Firm Map Panels Nos. 1200674)1931), 0195D, 0381D, and 0385D datecl June 3, 1986, the Pelican Marsh property is located within both zones "AE" and "X". Topographic mapping is shown on Map C of thc Pelican Marsh Community Application for Development Approval. The soil types on the site generally include Immokalee fine s:md; Myak 'ka fine saml; Hallandale fine sand, Pine&'~ fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; i3oc2 fine sand; Cholx'e, Winder and Gator. dcpres.~ional; Holo?~aw and Okcelanta s~ils deprcssional; t~'~ca, Rivicn~, limestone substratum; Copeland fine .~and; H{~lopaw fine ~nd; Urb:tn l~and; Urban 12nd Holopaw Basingcr Complex; Urban Land Immokalc~ Oldsm~ Limestone Substratum complc×: Satcllilc fine .%and; and Urban l_.and Satellite Complex. .Soil 1.3 !.4 Conservation Service mapping of soil types is shown on Map t:. of the l)elic:m Marsh Community Application for Development Approval. Prior to development, vegetation on site primarily consist,..~J of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazili,an Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed area.s, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval. The project site is kx:ated within the Cocohatchee River Basin a_s depicted within the Collier County Drainage Atlas (1993). The general surface drainage !mtttem of the site west of Airport Road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport Road runs in a ca_st to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocoh,'~tchee River. Thc Stormwater Management M,'Lstcr PI,an is shown on Map I of the Pelican M,'trsh Community Application for Development Approval. DEVELOPMEN'T OF REGIONAL hMPACT Due to ils scope, the Pelican Marsh Community has tx'ca rcvicwed and approved by Collier County pursuant to Section 380.06, Florida Sl.atulcs. a.s a Development of Regioaal Impact (DRI). Developer has also received approval from thc Florida Department of Community Affalr~ (DCA) for an application for a Preliminary Development Agreement (I'DA) encompas.sing 1,086.5 acres of the Pelican Marsh Community. This approval pmvidc-d thc State's authorization for the commencement and development of the lirst pt~a.sc of thc community, which is below 80% of ~my applicable [)RI threshold. DENSITY Acreage of the Pelican Marsh Community is approximately 2072.88 acres and thc number of dwelling unils authofizx.'d to be built pursuant to this PUD is 5100. The gross project density, therefore, will be a m:tximum of 2.5 units per acre. At all times all properly included within the Pclic~m Marsh Community shall tx: included in determining project density including property rc'.,cr,,'cxt or dedicated for public uses, such as, but not limited to, public roadways. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of dcvclop~nent for Pelican Marsh Community, and to identify relationships to applicable County ordinances';, ixdicics, and procedures. 2.2 GENERAL DF~SCRII'TION OF PROJECT i'LAN AND PROIK)SEI) LAND USF.,S Pelican Marsh Community, a private community, will include a brt~ad nmge of single family and multi-family housing, 63 holes of golf with clubhouses ,and other xssociated facilities, a master planned activity center including a resort hotel and cultural fitcilitics, stormwatcr management la. kcs, open spaces, and reserve ar~ns. The Master Plan is iljustraled graphically on WMB&I', Inc. [rile No. RZ-219-tf. A I~and Use Summary indicating approximate land usc acreages is shown on thc plan. The location, siz. e, and configuration of individual tracts shall be determined al thc time of Preliminary Subdivision Plat approval with minor adjustments at thc time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of thc Collier County I2nd Development Code. 2.3 GF~NERAL COMPLIANCE WI'FII COUNTY ORI)INANC~2~; Regulations R~r development of Pelican Marsh Community shall tx2 in acct~rdancc with thc contents of this PUl) Ordinance and applicable ~'ctions of the Colllcr County [..and D~velopmcnt Coda (to the extent they are not incx)nsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorize.s the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authoriz~'uion. Preliminary Work Authorization was approved by thc Board of County Commissioners on May 20, 1993 and amended on April t9, 1994. Where this PUD Ordinance or subsequently adopted Community Design Guidelines :md Standards fail to provide developmental standards, then thc provisions of thc mosl similar zoning district or ~"clion of the (;oilier County l~and Development Code shall apply. Unless othc~'i~ defined hcrcth, or a.s ncrccsSanly implied by context, the definitions of all terms shall bc the .same as the definitions set forth in thc (~ollicr County Land Development (.'.ode in cfi{mt at the time of development order application. Dtwelopment permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordin~ce Article 3, Division 3.15 of the Collier County Land Development Ctxle. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable land development codes remain in effect with respect to the development of the l,-md which comprises this PUl). All conditions imposed herein or ~ represented on thc l'clican Marsh Community blaster Plan an: part of thc regulations which govern the manner in which tile land may be developed. Thc Subdivisions Division of thc Collier County Land I)evelopmcnt Code (Article 3, Division 3.2) shall apply to Pelican Marsh Community, except where an exemption is .set forth herein or otherwise granted pursuant to l.,qnd Devclopmcn~ Code Section 3.2.4. Go The Site Development Pl,'ms Division of the Collier County l.~'md l)cvclopment Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exemption is .~t forth herein or otherwise granted Development Code Section 3.3.,1. 2.4 COMMUNITY DEVELOPMENT I)ISTRICT T'ne developer h~ established thc Pelican Marsh Community Development District (PMCDD) to design, construcl, m~age, and maintain infrastn~cture and community facilities need~ to serve thc Project. Thc PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensure thc provision of facilities and infrastructure for thc proposed development. Such infrastructure as may be constructed, m~aged ~d financed by thc PMCDD sh:fll tx: subject to, and shall not be inconsislent with, the ('oilier County Growth Management Pl~ and all applicable ordin;mces dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infra.structurc provision by a district that has the powers scl forth in the charter of a Community Development District under Section 190.006 through 190.041, Horida Statutes. Such a dislrict is a legitimate alternative available tyoth to thc Cot:nty and to the landowner for the timely and sustained provision of quality infrastructun: under the terms and conditions of County development approval. 2.5 ROAI)WAYS Roadways within the Pclic. a.n Marsh Community are included ;ts one of thc I'MCI)I) provided infrastructure improvemcnLs. Standards for roads shall tx: in compliance with thc applicable provisions of Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary 7_-2 Subdivision Plat approval. Thc Developer reserves thc right to n.xtucst substitutions lo Code design standards in accord'race with Article 3, Division 3.2., S(x:tion 3.2.7.2 of the Collier County Land Development Code. The Developer, also reserves [.he right to establish gates, guardhouses, and other access controls as may be deemed appropriate by thc Developer on all privately owned and maintained project roadways. 2.6 LAKE SETBACK AND EXCAVATION The lake se~ack requirements describ,M in Article 3, Division 3.5, Section 3.5.7. I of the Collier County Land Development Code may be reduced with thc administrative approval of the Collier County Development Services DirtY:tot and the Pelican Marsh Design Review Committee (PMDRC). All lakes greater than two (2) acres may be excavated to thc maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Pelican Marsh Community shall be limit~ lo ,'m amount up to 10 v,:rcent per lake (to a maximum of 20,(X)0 cubic yards) of the lotal vt~lumc cxcav;m:d unlc.v~ ;~ commercial excavation permit is rc.~:eivctt. 2.7 USE OF RIGIITS-OF-W/,,Y Utilization of lands within all prc)jc, t rights-(fi-way fl~r landscaping, dtx'ontti,,,c cntrlmce ways, and signagc may be allow(xt subj(x:t to review and administrative approval by the Developer and thc Collier County Development Services Director for engineering and safety considerations during the development review process and prior It) any insudlati~ms. 2.8 NIODEL IIOMF2,;/SAL .KS CI-hNTERS Model homes, sales centers ;md other uses and structures rclatcxl to thc pre)motion ami .,,ale of real estate such as, but not limited to, p~tvilions, wewing platforms, ga;,ebos, parking areas, tenkf, and signs, shall be permitted principal uses throughoul I'elican Mar,;h Community subject to the requirements of Article 2, Division 2.6, S(x:tion 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, or thc Collier County l,qnd Development Ctxlc. 2.9 C]IANGES AND AMENI),MEN'IS TO PUl) IX)CUMEN'I' ()R PUl) MAS'I'I.~R PI.AN Changes and amendments may be made to this PUD Ordinance ,Dr I'UD M:tstcr l'lan :ts provided in Article 2, Division 2.7, Section 2.7.3.5 of thc Collier Coumy l.:md Development Code. Minor changes and refinements ;ts described in Section 8.3 of this PUD document may be made in connection with any type of development or [×'trait application required by the Collier County I~,'md Development Code. 2.10 COMMON AREA MAINTENANCI.; Most common arm maJntcn,'mcc will tx: provided by thc PMC[)D. Thc I'M(;I)D i.,, a legitimate alternative for thc timely :md sustained provision of quality colnmtm area infrastructure and maintenance under the terms and conditions of a County development 2-3 approval. For those areas no~ maintained by the PMCDD, the DeveloDcr has crcatc'd a property owners a.~.~x:iafion or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD or the property owners association, a.s applicable, shall be responsible for the operation, maintenance, a.nd management of the surface water and stormwater management systems and reserves serving Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the Florida Department of F. nvironmcnud Regulation, U.S. Army Coq)s of Engineers, ;md South Florida Water Management District. 2.11 I.ANDSCAPE BUFFEILS, BERMS, I:'F~NC~q AND WALI~S Landscape buffers, berrns, fences and walls are generally permitt~ as a principal use throughout Pelican Marsh Community. The following standards shall apply: A. l~a. ndseape bem~s shall have the following maximum side slolx:s: G m.~.e,~A berms Ground covcrcxJ bcrms 2:1 Rip-Rap berms I: 1 Structural walled bcrms - vertic',d Fence or wall maximum height: six feet (6'), as measured from thc finished smile of the ground at the base of the fence or wall. For thc purpose of this provision, finished grade shall be considered to be no grmter than eighttmn inches (t8") alx~vc the highest crown elevation of the n~trest existing road unless the fence or wall is constmct~xl on a perimeter landscape berm. In these C.~LSeS thc wall shall not cxc~xxl six feet (6') in height from thc lop of berm elevation for berm elcvatit~n with an average side slope of a:l or less, and shall not exceed tour feet (4') in hcigm from thc top of berm clevati.n for tx:tins with an average side slope of greater than 4:1 (i.e. 3:1). l~mdsc..ape buffers, berms, fences and walls may be constructcxl along the pcnmctcr of the Pelican Marsh C.mmunity PUD boundary prior to preliminary sut×livisicm plat and site development plan submittal. All such areas must be inctud~xl in a landscape easement on final plat.s, or in a ~l",arate reeordcxt instrument. Do Fences and walls which are an integral pan of security and access contrt)l .structures such a.s gate houses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by thc height limitations for principal structures of the district in which they are loc.~tled. In the C:LSe of access control structures within right-of-ways adjoining two or more different districts, thc more restrictive height standard shall apply. Pedestrian sidewallcs and/or bike paths, water management systems :md drainage may be allowed in landscape buffers subjeet Io review and approval by the PMDRC. 2.12 FILL STORJkGE Fill storage is generally permitted as a principal use throughout Pelican Massh Community. Fill material generated from properties owned or lm~.sed by the developer may tx' transported and stockpiled within areas which have been disturbed/farmed, f'rior to stockpiling in these locations, a Letter of Notification along with plm'~s showing the locations and cross-sections shall be submitted to Collier County Project Review Ncr,Aces for review and approval. The following stan&u'ds shall apply: A. Stockpile maximum side slope 3:1 B. Stockpile maximum height: thirty-five feet (35') Co Fill storage areas sh,'dl be .screened with a security fence at le:Lst ,;ix fi_x:t (6') in height above ground level. D. Thc following FI.LJ('('S ('ode I:mds ;ts shown on Map I: of thc I'clican Marsh Community Application for [)cvclopmcnt Apprtwal may tm used fur fill storage: 200, 212, 214,4,..~,'~'~ 424, 740. Fill storage in exce~s of five f~t (5') tn height shall tx: It~m.'d no closer than three hundred feet (.300') from any developed residential properties. Fo Soil erosion control shall be provided in accordance with Collier County Innd Development Code DMsion 3.7. Go Fill storage shall not be permitted in areas occupied by threatened or cndangcrcxl species unlc~ an approved m:magement plan permits such usc. 2.13 DESIGN GUIDELINF~$ AND STANDARDS The Collier County Pla. nned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, a_s set forlh in thc Collier County I.znd Development Code. Article 2, Division 2.2, Section 2.2.20.1. Pelican Marsh Community is plmmed a.s a private, large-scale, functionally inlcrrchttcd community under unified control, to tx2 developed over an extended time pcricxt. I)evelopcr has established community-wide design guidelines and standards to ensure a high and consistent level of quality tbr community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian :;ystems, "- ...... 2.5 bicycle paths, [xivement tru"atments, roadway mcxtians, fences, w;dls, buffers, berms and other similar facilities. Upon approval of spcx:ific design guidelines and sumdards by Collier County and I)eveloper, thom guidelines shall be considercx:l as supplement:d standards or requirement~ or this Planned Unit Development Ordin:mce. Developer will also establish supplemental design guidelines and st;u~dards by means recorded covenants, conditions, and restrictions, the existence of which shall be noted the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions restrictions shall provide that prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Pi:tn Application to Collier County, an applicant must first submit the application to PMI)RC for review and approval. Collier County shall not accept any such application for processing unl,~ss it is accompanit~,l by a letter indicating Developer's review and approval. 2.14 REQUIRED ENVIRONMENTAl. I'ERMI'I* Where the development of land within this Planned Unit l)cveh~pment requires a permit from a local, state, or Fedend Agency with jurisdiction over the property (regulating; agency) proposed for development, then the Developer shall obtain such permits as may tx: required prior to the commencement of construction or alteration of the land slxx:ifically requiring such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or except thc r,aquirements of the is~sued permit, provided that Collier County may iml'X)se conditions that exceed and are not in conflict with the issucxl permit if Collier County's regt, latory juri~icfion a.s provided in the Collier County Growth Management Plan and l~.'md Development Code cxc. ceds that of thc other regulating agencies. In such a case, Collier County's environmental permitting guidelines and rcxtuiremcnts shall conlrol relative t~ thc specific County permit only. Construction approvals from (.;oilier County may be pha.sed to allow construction of portions of a particular usc that do not impact lands which require an environmental per,~it, provided that such environmental permits have been applied for ,'mci are under prtx:css by the appropriate agencies, and subjcx:t to thc undcrst.~ding that it is thc Dcvcloix:r's ~lc risk if such permits are not finally issued t(~ all()w completion of the prt)Fx).'~-x.l use. 2.15 PRELIMINARY SUBDIVISION PLAT i'IIASIN(; Due to the size and anticipated build-out period of Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision flats for the project may tx: accomplished in phases to corresT~ond with the planned devek'~pment of the property. 2.16 GI-~NERAI, I~ERMI'I'FEI) U'Si'~S Certain use.s shall be considered gcnc.qal [x;rmitted uses throughot~t the Pelican Marsh D~s,nct. General permiltcxl uses are those .~s which Community PUD except in Re.rye ''" generally serve the Developer and residents of Pelican blarsh Co~nmunity and are typically pan of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under Coliier County 12nd Development Code, Section 2.6.9. I. 2. Water management facilities and relaled structures. 3. Temporary sewage treatment facilities. 4o Lakes including lakes with bulkheads or other architectural or structund bank treatmenLs. 5. Guardhouse.s, f. alehouses, and access control stn~cmres. Community and neighborhcxxt parks, recreational facilities, comnmnity Tcmpora0' construction, ~'xles, and axtministrativc offices for thc Dcvclolx'r and Developer's authorizxxt contractors and consultants, including necessary access ways, parking areas and related users. Lzmdsc. ape features including, but not limitcxt to, landscape buffers, bcrms. fences and walls subjcx:t t, thc standards .set forth in Section 2. II of this PUD. 9. Fill storage subject to thc stand'mis set forth in Section 2.12 of this I'UI). 10. Any other use which is compar'able in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Stzndards: Unless otherwise set forth in this document, the following dcvclopmcnt standards shall apply to structures: Setback from back of curb or edge of pavement of any road - fifteen fcc( (15') excep~ for guard houses, gatehouscs, ~d access control structures which shall have no required ,ctback. 2. Setback from properly lines - one half (%) the height of the :;tincture. Minimum distance between structures which are part of an architecturally unified grouping - five feet (.5'). 4. Minimum distance between unrelated structures - kyn feet (10'). 5. Ma.ximum height of structures - twenty-five feet (25'). 6. Minimum floor area · None required. 7. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cart paths may occur within County requirc~d bu.rfers; however the width of the required b~lffcr shall be incrca.scd proportionately to thc width of the paved surface of the sidewalk, bikepath. or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pclic,'m Marxh Community design guidelines and standards, are to be in accordance witt~ Collier County Land Development Code in effect at thc time t)f ,";itc Development Plan Approval. 2.17 OPEN SPACE REQUIRE,MEN'TS Thc PUD Minter Plan identifies approximately 1211.g 121,3,7 acres included in thc Golf Course/Recreation and Open SF~ce District, Reserve District, lake, and miscellancx>us open space/buffer designations. These areas, in conjunction with open space arms included within the Residential District, fully .satisfy thc open space requirements of Article 2. Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Dcvek, pmcnt Code. 2.18 NATIVE VE, GETATION RETENTION REQUIREMEN'I~ Pursuant to Policy 6.4.6 of the Conservation and Coastal Management F. lcmcnt of thc Collier County Growth Management Plan, 25% of the viable naturally functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD b~undary is 871.9 acres, therefore 218.0 acres are required to bc retained. This requirement is fully ,satisficxl within the Reserve l)istrict and no furthci preservation is required. 2.19 SIGN~,GE A, All Collier County sign regulations in fore. at the time of apprt)'val of this l'UD._r.~z__9_aSj!g action shall apply unless such regulations are in cgnflict with the conditions .Wi f0rt_h in 05.:, Section. in which ~ the PUl) I)ocumcn_t shall govg_m.~. Bound;'0'3, m,-u'k¢r ~nonument~ cgn;~ininE prqjJcct identification signs pr~cct or any major usc within the project shaJl b¢ ~rmitted alon~ the prqicx:[ boun(larie~ on U.S, 41, Goodlettc-Fra~k Road. Va.nderbill Beach Road. ^irpgrt,__Ro~.~d. ~,jvin~ston Road. V-L_vp¢ l'29und~r.~_markcr .mor~j~_m__cn_.kt._khall bc_pcrm_[Lt_e~._ ~n_ly :ti intersections. (~, A maximum of ~¢n (10) bxaunda~' mark~?,~_b ~haLl.~L2s;~Eit_Lc_'_d, The sign face ~uazc Feet, 'l'nc c'dgcs of ~y sign fa~:9 may ng! extend above thc,!gp gr' beyond thc comer ~,?.c of ~ny bound'try m,'trkcr monumcnl 9.n. wh~ If Iht )X)u~n_d~ar, yAnar_~Kr monument is two-sidod, each sign face may not exceed ~ ~q.u~c f~,x;t 9F ar~ :b~ch side of a b,,.)und;~'y m_3~rk~c, mgnumc'nt mf~y ¢'gn~,in up ~0 R,~r {4) individua!_jF~z3, business or dir~tion idcntificatLons (mes~ag.c are~s), ~s long ms ~c lobation n0~ cxc~ ~ ~~~. '~ size 9f ~h9 wg!ds, Iq~, ~g~phy ~d color ~hcmc u~ in ~'ach Jndividu~ prqj¢~t,~singss, or dirc~ticm:d jdcntification on a si~n on a ~' marker monume~ shall ~ similar t9 and wi~ ~¢ o~cr idcnti~tions placc~ on the ~amc ~und~ mark¢r m~numcnL Fmt~cc signs may ~ I~t~ at ~ch omccc to ~c ~r~t ~d ~ ~ one.two ~id~. Such signs may conui.8. UP to four (4) individu~ pr~ccl, b~sincss ur idcndfi~tions (mes~gc ~s) ~r si~c. ~s long ~ ~e toh~ sign face on ~tch side d~S ~xc~ ~ ~e f~t o[ ~, ~crc a thrc~-sid~ sign is udli~xi, thc third si~. siclc shall '~c si~ of words, Icttcrs,_~hi95, ~J thc b~g~ ~d color ~hcmc u~d individ~ prqi~t, busin~'s~ or dir~ti~;d idcnti~cafi0n 9n an en~cm¢¢~gn sh~ll ~ ~ ~d ~onsistcnt ~~~itic;iijons.p!ac~ ~tmc >j~n, A l-sid~, one 2-sick~. or one ~-skk~ cnm~¢¢ ~ign~ may ~ ~rmi~_~tch cntnmcc. Boundcu"y marker mgnumen[~ :~nd cntnmce signs may not ex_qee__d_d ~a__t)e_~f' the crown of ¢¢ ne~trcst rcx'!d, unless L~.C_~n (or wall Co. ntai_nin~ _t~.~gn).j~, .constnLc~Lc!n a ~rimctcr I,'md~'a~ bc.,-m, i~..w~h¢ sign_5.ha]l not excc~x!Zt H, Bgundary mark¢r monum~,'nts and cnm,,ncc s,,~_t rtDy bc I_i~,L~_ht~,L~)ruvidcd all dir.ected 19 th~; sign or arc shielded. SECTION 1II RESIDISNTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS A maximum number of 5100 residential dwelling units may be constructed on lands designated "R.' 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Pian are designed to accommodate a full range of residential dwelling type~, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master PI~. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County' Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential are,ms. 3.4 PERMIWFED USF~ AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family l>etached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Twcvfamily and Duplex Dwellings. 4. Single Family Attached and 'Fownhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. Churches and other places of worship, subject to Collier County administrative approval during Site Development Plan review to address site locati~, size, ingress and egress, and buffering requirements, and subject to the Mull-family Development Standards set forth in 'Fable I. 7. Schools (public or private). o Assisted Living Facilities, Group Care Facilities (Category I and It), Care Units, Nursing Homes, and Family Care Facilities (collectively A[.F') only east of Airport Road. Any other principal use which is comFar'able in nature with thc foregoing urns and which the Development Services Director determines to be compatible in the "R" IZ)istrict. Up to 50 rcsir, lential unit~, which ~,hall .not be subject lt.) the d¢finition'~ contained in Division 6.3 9f the Land Develgpment Code may be. constructed ca.5l of Airport R~d within the Activity Center ant} thc residential _mrccl north of ~nd adjacent to the designated Activity Center. These residential units may 1;)C rented by the d4ay, we~k, monlh 9r other rental periods determined by their res~tiv~: owncr/manager, whiq:h .~hall b~ either thc hotel locate4 within the activity center or thc entity owning the golf resort use, Fg,;'h r¢sidentia, l unit ,$ha, ll consti;ute and be counted as 9ne of the 5.100 authoriz.ed residential un.i~ wi[tin the Pelican Mar~;h development and shall be develoF~'d in accordance wi.th the rc~;idcn~ dcvelopmenl :,[andards in Section 3.5 of this PUD D(x:ument. B. Accessory Uses and Structures: Accessory u~s and structures custom;trily a_xsoch~tcd with principal permitted in this district. Any other accessory usc which is comparable in nature with thc foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMEaNT STANDARDS Table I sets forth the development standards for land urns within the 'R' P. esidential District. Site development standards for categories I - 4 uses apply to individual residential lot boundaries. Category 5 st~md~ds apply to platted parcel bound:tries. Do no Fo Standards for p~u'king, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicatod, required )ards, heights, and floor area standards apply to principal structures. Development standards for uses not specitically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accord,'mce with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space rcquiremenLs are deemed satisfied pursuant to Scx:tion 2.17 of this PUD. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Sea.sons Subdivision zoned RSF-2, and Quail Woods -Estates zoned RSF-2 .shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Resident/al lands abutting those are,~ of Victoria Park Subdivision zoned P,S[':--4 or RMF-12 and Quail Woods F...su'~tes zoned RMF-6 shall be limited to single, two- family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundr~ feet (100') between the two uses. In addition, a platted ROW or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "c" buffer as described in the LDC, must be provided within the one hundred feet (100'). Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which am sepantte imm any roads v,,hich serves a development exceeding 96 units. ^ cul-de-sac road within the development may have abutting surface partdng where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exc. eption of cul-de-sacs sewing 24 units or less. Single family patio and zcm lot line dwellings are identified separately from single family detached dwellings with co,~ventiona, l side yard requirements to distinguish these typ,.'s for the purg. o:se of applying development s~dards under Table 1. Patio and zero lot line dwellings shall be defined as any t)T,,: of detached single family ..1-3 structure employing a zero or recluce~ side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1) The cabana st~'-ucture must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence; 2) The cabana structures must be accessible only from the encloscv. J courtyard and must not be accessible direcdy from the street; and 3) The cabana structure may not contain primary cooking facilities. TABLE 1 PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENI~AL AREAS SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED PERMITTED USES AND FAMILY ZERO LOT FAMILY ATTACHED AND FAMILY LIVING STANDARDS DETACHED LINE & TOWNHOUSE DWELLINGS FACILITIES DUPLEX Cattgor~ I 2 3 4 5 Minimum Loc. Area 7,S00 SF S,000 SF 3,500 SFa4 3,000 SF I AC I AC Minimum Lot Width '5 75 50 35 30 150 150 Front Yard 25 20 '3 20 "3 20 '3 25 25 Front Yard for 15 lO I0 I0 15 15 Side Entry Garage Side Yard 7.5 '6 0 or 7.5 0 or .5 BII .5 BIt 70 OR .5 BH Rear Yard Principal 20 t0 20 20 BIt Bt{ Rear Yard Accest, ory I0 5 I0 l0 15 15 Rea." Yard Special "1 10 5 10 I0 .5 Maximum Building tleight 35 35 35 35 50 50 '2 Distance Between 15 I0 0 or 15 .5 Shit .5 SBtt .5 SBtl Principal Structures Floor Axe4s Min. (S.F.) lg00 SF 1600 SF 1600 SF 1200 SF 1000 SF"8 N/A*7 BI-I: Buildin~ ICcight SBH: (Sum of Building Heighu): Combim:d height of twn adjaccnl buildings fi~r the purpusc of determining scthact rcquircmcnta. All di~ncca a~ in feel unku ~het'~ise m~cd. * 1 - ~th ~pprcr..,,d fnn'n I:~4DRC. ~r yard, fi~e pfc;pal ~ctu~s nn l~as ~hlch 4but golf cemt~, lake. ~Wcn ~a~c. -r re~c a~as. Sctback fn~m lake fi~r all pH~al a~ ~c~ u~ ~y be O' p~iding ~hhcour~l hank Irc~t~nl i~ ino,~orated into design a~ ~hjcc~ to ~riUcn appr.val ~~ Rcv~ approval from PMDRC, tr.o~ yards ~.hlll be mc&~red as folh)~,s: If thc par~cl ia served by a public right-of, way, ~thack is nx:ametd ft.m I c adjacent fight-ut-way line. lfl/g pan:el ia ~e~cd by a pfivat~ rv~d, ~etback ia rm:asutcd frs)m thc hack otcurb (if curbed) or edgc of pavement (if m)t curbed) '2 - B~ildin,g height ~h*ll bc thc vcrtlcel di.o. nce mcamrcd from tl',c firs~ habitable finished fl~x~r elevation to the uppermos~ finished ceiling clev·ti,m of the '3 - Singk f&mily dwellings which provide fi~r 2 parking ~'~a~.c~s ',,.ithin an cnclo~d garage and pr,,vidc fi)r gucs~ parking other than in t, Hvatc dcivcways n~y reduce ts..c fronl yard rt:qui~mcm 'a~ 5' f~n' thc garage and 15' for thc ~crnnining sir'ut'lures °4 - E~ch h~lfof a duph:x umt requites · l,~ a~* ·lh<atlon of 3.'iOO S F. fi,r s t~l minimum lot ~rea ~ f 7,OOO S.F "5 - Minimum kc width rr~y hc reduced hy 20% f-r cul-de-sac I,.s pr,,vidcd m.dmum I<~ area rcquimn~nt i~ ~ill n~intained. '6 - ~m feet {0') o¢ a ~Mmm of fivc foci (5') (,n ci~cr sidc cxccpl ~at ~'hc~ ~c zero foci (0') yam ~tion is utili/4d. ~c (~l)oshc sidc of ~c stmctu~ ~all ~vc I ~n f~ (10') ya~. ~) feet (0') yards ~y ~ u~d on N~ sides ~,f s structure provided ~at ~c ~poshc ten f¢~t (10') ya~ is provided Patios, p~ls I ~IfM V~ OI'-MPERR y and .crtefl cflcSmmrts ~y cflcr~ech i~ thc 10' yard and mJy' 0IL. ch ~.o thc ad)olmn~ d~clti,~ provided an ca,chant is ~rnntcti from thc .djoinin; dwcll~n~ unit '8 - Str~cl~a ~a.t of AJr'po~ Rc~4~ have e n~nimum Poor Jr~a of 750 S F. SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open SpacedBuffer. 4.2 G F_aNT_.,RA L DESCRIPTION Areas designated as "GCO' and Miscellaneous Open Space/Buffer on the Master Plan are designed to acw..ommlxtate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 4.3 PERMITYED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf courses, golf clubhouses, golf facilities, golf tmching facilities including classrooms and temporary golf clubl-,ouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. o Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatm¢';:t plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Dirtx:tor determines to be compatible in 01e "GCO" and Miscellaneous Open Space/Buffer District. 4-1 B. Permitted AccessoD, Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such but not limited to, golf, tenr,'s, and recreational related sales. 4° Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. o Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. Any other accessory u~ which is comparable in nature with thc foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMF. NT STANDARDS Ao Principal structures shall be setback a minimum of twenty feet (20') from "GCO' and Miscellaneous Open Space/Buffer district boundaries and private roads, ;'.nd fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which ca.se the setback shall be one half (V=) the height of the structure. Accessory structures shall setback a minimum of ten feet (10') from "GCO" ~md Miscellaneous Open Space/Buffer district boun 'daries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (%) the height of the structure. Lighting facilities shall be arranged in a manner which will protect roadways ~md residential properties from direct glare or unreasonable interference. D. Maximum height of stn,ctures - Fifty feet (50'). Eo Minimum distance betwc,en principal or accessory structures which are a part of an architecturally unified grouping -'Fen feet (I0'). 4-2 Fo G. H. I. J. Ko btinimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures -Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor ,area standards apply to principal structures. "' .... ' ' ..1-3 5.1 5.2 5.3 SECTION V RE.SERVE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan, as Reserve. GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pc!icon Marsh Community residents. PERMFrTF~ USES AND STRUCTURES No building or structure, or part thereof, shall be erected, ,"altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Passive recreational areas, boardwalks, including recreation,"d shchers and restrooms. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. ° Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. o Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank R(md, and the Cocohatchec Strand Golf Course crossing/reconnection area. 7. Utility lines in xeric uplands. 5.4 5.5 o Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. DEVELOPMF_2qT STANDARDS Ao All structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management stn:ctures, which shall have no required setback. B0 Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor arm - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County l~md Development Code in effect at thc time of Site E, evelopment Plan Approval. Unless otherwise indicated, requircxt yards, heighu, and floor area standards apply to principal structures. RESF. aRVE DISTRICT CONSERVATION F..ASEMI~hNT A non-exclusive conservation easement or tract is required by Collier County l~and Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District. Conservation ea.sements shall be recorded L'a conformance with the Preliminary Work Authorization as amended on April 19, 1994. l/t~'~'~-~ I & ~1 Vel' ...... 5-2 6.1 6.2 6.3 6.4 SECTION VI COMMUNITY FACILITY DISTRICT PURPOSE The purlXr~ of this section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as" CF.' MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet Cgross floor area) of Community Facility Uses may be constructed on lands designated "CF.' GENERAL DESCRIPTION Areas designated as" CF" on the Master Plan are designed to accommcxtate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the "CF' district is indicated on the Master ['lan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. PERMITTED USE. S AND S'I'RUCTURF. q No building or structure or part thereof, shall be erected, altered or uscxl, or land used, in whole or part, for other than the following: A. Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3. Child day~,tre facilities 4. Civic, social and fraternal associations o Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the ' CF" District. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Recreational facilities. 3. Classroom facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" District. 6.5 DEVELOPMENT STANDARDS Ao Principal structures shall be setback a minimum of twenty feet (20') from "CF" district boundaries and private roads, and fifty feet (50') from ,all PUD bound;roes, public roads and residential tracts. Bo Accessory structures shall be .setback a minimum of twenty feet (20'1 from district boundaries and private roads, and twenty feet (20') from PUD bound,"u'ies, public roads and residential tracts. Co Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subjt.~t to written approval from PMDRC, PMCDD, and Collier County Development ~rvices Department. Do Lighting facilities shall be arranged in a manner which will protect roadways a. nd residential properties from direct gl,am or unreasonable interference. E. Maximum height of structures - Eighty feet (80'). Fo Minimum distance betv.'een principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). G. Minimum distance between alt other principal structurc, s - Twenty ft, t (20'). H. Minimum distance between all other accessory structures - Ten feet (I0'). Minimum lloor area - None required. 6-2 J. Minimum loi or parcel area - None required. Ko Standards for parking, landscaping, signs and other land uses where such standards arc not specified herein or within adopted Pelican Marsh Community design guideline~ and standards, are to be in accordance with Collier County Land Development Code in effect at the dine of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area su'mdards apply to principal structures. 7.1 i~tJRPOSE SECTION VII ACTIVITY CENTER DISTRICT The purpose of this section is to identify permitted uses and development standards for arms within Pelican Marsh Community designated on thc Master Plan as "AC." 7.2 MAXIM'UM SQUARE FOOTAGE/ROOMS -~c~ ~ (350.00Q square feet leasable A maximum of 402.500 ~uare feet gross floor area .... floor area) of retail uses; ~.,,,.,,000 175.000 square feet gross floor arm of office usc.s, including up to ~ 25.00Q square feet of medical offices; 400 4~0 hotel rooms and 80,000 square feet (750 seat) of cultural facilities may be constructed on lands designated 'AC.' 7.3 GENERAL DESCRIPTION Areas designated as "AC" on the Mastcr Plan are designed to acco~nmodate a full range of retail, service and office commercial uses, essential services, and customary acces~ry uses. The approximate acreage of the "AC" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Pl~.n or Prelimin,'u'y Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Activity Center tracB are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 7.4 PERMI~ USES AND STRUC"IIJRI-2~ No building or structure, or l~trt thereof, shall be erected, altered or usc'd, or land used, in whole or part, for other than thc following: A. Permitted Principal Urns and Structures: o 4. 5. 6. Accounting, Auditing and Bookkeeping Services (Group 872 l). Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991. 7993, 7997). Apparel and Acces3ory Stores (Groups 5611-5699). Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). Building Materials, Hardware and (;arden Supplies (Groups 5211-5261). 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. .'~. Business Services (Groups 7311-7352, 7359 except airphme, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except, am~or~_xl car and dog rental, 7389 except auctionc,,zring, bronzing, field warehousing, salvaging of damaged merchandise). Commercial Printing (Group 2752, excluding newspapers). Depository Institutions (Groups 6011-6099). -Fating and Drinking -"~tablishments (Groups 5812, 5813). Engineering, Accounting, Research, Management and Related .";crvices (Groups 8711-8748). Fcx)cl Stores (Groups 5411-54991. General Merch;mdise Stores (Groups 5311-5399). Glass and Glazing Work (Group 1793). Golf Club Facilities including Ancillary Tmching Facilities and 'I'cm[×,rary Golf Clubhou.~s (Group~ "992, 7997, 7999 ) Group Care Facilities (Category I and Il), Care Units. Nursing Homes ,and Family Care Facilities (Groups 8051 excluding mental rcuirdalion hospitals, 8052, 8059). Health Services {Groups 801 I-8(149, 8082, 8093, 8(X)9). Holding and Other Investment Offices (Groups 6712-6799). Hotels and Motels not lo exceed 400 450 rooms (Groups 701 I, 7021,70.1 I). Home Furniture. Furnishing, ,and [kluipmcnt Stores (Groups 5712-5736). Insurance CarTicrs, AgenLs and Brokers ((;roups 63 t 1-6399, 6411 ). Legal Ser,,'ice.s ((Jroup 8111). Libraries (Group 8231). Membership Organizations (Groups 8611-8699). Miscellaneous Rcl~fir Scrvices (Groups 7622-7(,41, 7699 except agricuhural equipment rcFtir, awning repair, beer pump coil cie:ming and repair, blacksmith shops, catch basin, .septic tank ,and cesspool clcaning, coppersmithing, farm machinery repair, fire equipment repair, furnace :md chimney cie:tire,g, industrial truck repair machinery cl,'.xning, repai~ of service suction cquipmcnl, t~)ilcr cleaning, tin.srnithing, tntclor repair). Misccllant.xms P, etail (Groups 5912-5963. 5992-599x)). Motion Pictt,rc Theaters (Group 7832). Multi-Family Dwellings including Garden Apartments. Non-Depositor), Credit Institutions (Groups 6111-6163). Personal Services (Groups 7211, 7212, 72]5, 7216 non-industrial tlr), cleaning only. 7217, 7219-7261 except crcmatnrics, 7291-7299). R~---fl ----~tate (Groups 6512, 653i, 6541). Res, on Recreation Facilities including but not limitcxl Io Tennis Clubs, Haflth Spa.s, [(qucstrirm Clubs and other Rtx:reational Clubs (Groups 7¢)1. 7999) Public Administnttion (Major Groups 91,92.93, 94, 95, 96, 97) Recreation Services (Gm,ps 7911, 7922, 7920, 7933, 7941, 7991, 7997, 7999) B. 35. 36. 37. 38. 39. 40. 41. 42. Security and Commodity Brokers, ~_,der, Exchmagcs and Services ((Jroups 6211-6289). Social Services (Groups 8322-8399). United States l'us~ Service (Group 4311 except major distribution comer). Veterinary Set%ecs (Groups 0742, 0752 excluding outside kenneling,). Video Tape Rental (Group 7841). Vocational Schools (Groups 8243-8299). Uses permit~t under Section 3.4 of this PUD, subject to the Development Standards of Section 3..5. An)' other principal use which is comparable in nature with thc fl,rcgoing uses (including general ,and professional offices not specifically listcxl above) and which thc Development Se~'iccs Director determines to t~z compatible in the 'AC' district. Permitted Acces.~)r'v l lscs and ,"';wucturcs Accessory uses and structures customarily a.s.',x~cialcd with principal uses permitted in ttus district. o Customary accessory u_~s for hotel and motel principal u.~s including but not limited to shops, personal service establishments, rating or drinking establish~nents, d:Lncing anti staged enter'utinmcnt facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with c-mmon architectural shag&at'ds, even if cont:dncd in a free- standing building. Other accessory uses include, but are not limhed to, rccrmtional facilities that serve as an intcgnd Nm of the pcrmiucxl u.v.:s such a.,; pool, tennis facilities, parks, playgrounds and playficlds. residential vnD~zhichDhal .not ~ subj~t to the dcfin tions Division 6,3 (?_~ 1~ D~vclopmcnt C(~ay ~ constm~!vxl Alert Road within ~c Activity Center ~d ~c rcsiOenti~fl p~ce! no~h of ~d adja~nt to the designat~ Aqtivi~y Uentcr, ]~?~ residcnl a units rna~ ~ rent~ by thc day, w~k. monlh or ~cr rental ~fi~s determine0 ~eir res~!ivc~wnqr/m~ager, whic[3 shall ~ eider ~C hotel wi~in Ce activit~ c~nler~r Ce entity o~ni~g the golf re~ u~, U~tgh ~~it~hall constitute ~d ~ couDt~ i~ one of thc 5. m$idenli~ units wi~in ~e Peli~ M~sh development ~d shall be ¢cvclo~_ in accord,raCe w.i¢ ~he re~i~:tAal development Any other acc:;:,~ry usc which is comparable in nature with thc fi):cgoing uses and which the Development Services Dirc'ctor determine:; to be compatible in thc 'AC' district. 7*3 7.5 DEVELOPMENT STANI)ARI)S A. Minimum Yard Requirements: 3. 4. 5. Front Yard: Twenty-five feet (25') minimum or one-half thc buikling height, whichever is grater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential [:~a~"ccl: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero lect (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. I-2xtcrior lighting shall tx: arnmged in a manner which will protect coad,.v:lys ;md residential properties from dircx:t glare or unrea.sonable interference. C. Maximum height of structures - One hundred feet (I(X)'). D. Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet Fo Minimum floor armt :;even hundred (700) square feet gross floor arca on thc ground flexor. G. Minimum lot or parcel area - Ten thou~tnd (10.0~) square feet. H. Minimum lot width - Seventy five feet (75'). Standards for lxtrking, kmdscaping, signs and other land u~s where such sumdards are not specified herein or within adopted l"¢lican Marsh Community design guidelines and stan&trds, are to be in accordance with Collier County 12nd Development Code in effect at the time of Site Development Plan Approv',d. Unless otherwise indicate, required yards, heights, and floor area st,'mdards apply to principal structures. The maximum density' ~br Adult Congregate Living Facilities and other tyix:s of elderly housing shall t;,c twenty-six (26) units [)er gross acre. Ko The net plaued parcel density of hotel totems per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall tx.- ~ 4_~5_0. 7-4 8.1 8.2 8.3 SECTION VIII GENERAL DEVELOPME~"NT COblMITMENTS PURPOSE The purpose of this Section is to set forth the development commitmenLs of Developer within Pelican Marsh Community. GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision .of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final ma:m:r plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwim set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. MASTER PLAN The Master Plan, WMB&P, Inc. File No. RZ-219-H, is an iljustrative preliminary development plan. The design elements and layout iljustrated on the Master Plan sh',dl be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. A. The following limitations shall apply lo such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD document. i 2 Do 'The minor change or refinement shall meet the criterion of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination and Public Hearing pursuant thereto. The minor change or refinement shall not conslitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve arms within or extermfl to the PUD. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A:' Reconfiguration of Re.~rve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ix)nds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encr(xtchment into Reserve arc,-q_s. 3. Reconfiguration or golf course envelopes and dcsign features. Internal realignment of rights-of-way other than a relocation of access points to the PUD. o Reconfiguration of residential parcels when there is no encroachment into Reserve arca.s. Minor changes and refincmenls as described above shall be reviewed by appropriate Collier County staff tu ensure that said changes and refinemcnB are o'd~crwisc in compliance with all applicable County Ordinances and regulations prior to the Development Services l)ircctor's consideration for approval. Approval by the Development Services Director of a minor change or refinetnent may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute ;m authorization for development or implementation of the minor change or refinement without first obi. fining all t)lhcr nc-ccssa~ County permits a~qd approvals. 8.4 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommrxlafion shall be made for the future use of building space within common areas for thc purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all succexsors in interest that acquire ownership of such common areas including homeowners associations or tenants associations. This agreement provides for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary' by the Supervisor of Elections. 8.5 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 8.6 SUNSETIING This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date sh',dl govern. 8.7 TRANSPORTATION Ao The developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. Bo The developer shall provide arterial level street lighting at all community access points to State or County public rights-of-way at the time of construction of tach The developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access points to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. Collier County and Developer entered into an Agreement dated January 12, 1993, (herein "Agreement') to address the alignment and environmental permitting for Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community 8-3 Eo Fo Go Ho property; and to address environmen~ permitting for the expansion of G~×~dlette- Frank Road from Immok,',,lee Road to VBR. As is set forth in the Agreement, Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD properly. Pursuant to the Agreement, Developer is eligible for Road Impact Fee credits for half of their expenditures per the Agreement in obtaining environmental permits. Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by Developer, upon request by Collier County, so long as that right-of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to Developer. Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 ,'md Section 380.06 (16) Horida Su'~tutes. 1992, as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equ.'d lo Developer's cost of acquisition of the propcray. There are acknowledg~.xl benefits to both the County and [X:velolx:r in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and a_s referenced in the Agreement and hereinafter as the "Preferred Alignment". However, there is the potential that the cost of environmental permitting, mitigation, design, and construction of the road segment in its Preferred Alignment could be more expcnsive than an alternative alignment within the area of consideration referenced in Attachment I to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Co~nmunity PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to Developer, Developer agrees to pay the "Differcntial Cost" for the segment of VBR within Pelican Marsh Community PUD bound,'mes. "Differential Cosff means the re~tsonably ascertainable additional cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community PUD boun 'daries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement. Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "Differential Cost" described herein. The cost for design, permitting and construction of the Goodlette-Frank Road overpass structure, approved by thc Board of County Commissioners to accommodate up to six (6) lanes, is not the County's responsibility, but that of the development entity. Payment of Roar! Impact Fees shall be in accordance with thc applicable ordina, nce as mended with thc stipulation that payment shall occur at the time of building 8-4 Jo L° No O° permit issuance or in accordance with the requirements of thc Collier County Land Development Code, Division 3.15, Adequate Public Facilities. These transportation stipulations set forth in Section 8.7 of the PUl) are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said Agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. Thc devcloper shall build, at its cost, a Vanderbilt Be:ich Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right- of-way and north of Hickory Road right-of-way. This buffer shall include a minimum six foot berm landscaped and irrigated excc.at where the roadway is located adjacent to I2ke Bunting. Adjacent to Lake Bm~t/ng where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Be~ch Road for public use. Internal accexs between the Pelican Marsh Communit) Activity Center and the Pelican Marsh Community shall be designed in a ~nanner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsl~ to exit the Community. Such access may be restricted by the developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian and bicycle access connections between the Pelican Marsh Community and the Activity (.;enters located at the Vanderbilt Beach Road/U.S. 4l intersection and the lmmokalee Road/U.S. 41 intersection shall not be required. No final local development orders (building permits) will be granted for Activity Center uses until the cr~mpletion of two lanes of Vanderbilt Ben,ch Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and }:ina] Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt lk:~ach Road from Airport- Pulling Road to U.S. 41. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-rata funding mechanism established by Collier County to implement an area- wide pedestrian and bicycle path system. Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-mm contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. 8-5 ~i~ M~sh Community PUD M~stcr PI~. Map ~h~ PUD ~umcnt. india~tcs ~c approxima~ Pdi~ Mmh Activity Cenmr ~d indimtes full ac4css or dir~tional a~ces~. I~tion of ~e~ access ~in~ is subj~! to change ~d will ~ fin~i~ at fha tim~ 9f ~it~ing, Developer agrees to dedicate (or cau~ to have dedicated) to Collier County the road right-of-way required for that .,,cction of proposed Livingston Road wilhin the Pelican Marsh Community PUD t~aundaries. Thc conveyance shall d~xlicate all property within the Pelican Marsh Community PUD tv, cst of the FP[, c,n.':,cment to the County and be by general warranty deed with a disclaimer ,xs to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. Developer shall entitled to imp'act fee credits for this dedication pursuant to Ordinance 92-22 ~md Section 380.06(16), Florida Statutes, (1995). The value of thc dedicated property shall be determined pursmmt to Sub~'ction 2.7.2.8. I. of thc I,.DC. 8.8 WATER MA N A G I-2X I F2\'T ho An Excavation Permit ~,ill be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with DMsion 3.5 of Collier County Ordinance No. g I-102 and South Florida Walcr Management District rules. A copy of a South }:lorida Water M;magcment District Permit or Early Work Permit is required prior to construclion plan approval. A letter of no objection from the Collier County Utility Division stating thal no adverse impacts on thc percolation ability of the adjacent wastewater treattncnt ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. Preliminary Work Authorization wins approved by the Board of County Commissioners on May 20, 1993, mid amended on April 19, All off-site flow collc'uti(~n and routing facilities sh:fll bc reviewed ,-md approved by Collier County Dcvclt,pment Services Dep.q. rlmcnt at the time of subdMsion construction plan approval. 8.9 Thc fixed crest weir with emergency undertow gate which replaces thc existing amil gate will be reviewed and approved by Collier County at the time of Ca:r.~ohatchee Strand Restoration Plan construction plans or Preliminary Work Author:a. afion approval. Preliminary Work Authorization w~ approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, I c'/)4. Fo As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 346), Developer or the PMCDD will pay for the design and construc6on costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the beatings and access walks) and the gate seals (if required). Replacement of the gates, cradle.s, structures, or foundations, if required, will not be the responsibility of Developer, the PMCDD, or their assigns. Collier County will contribute 59,000.00 to the cost of design and construction. 'l'ne rehabilitation shall be completed by the time the Cocohalchc'.e Stnmd Restoration Plan is certified complete to South Florida Water Management District. Go Water management and canal ea.sernents conveyed to SFWMD and thc County will be per the Pelican Marsh Preliminary Work Authorization ,as amended on April 19, 1994. Ho If legally and physically possible, the PMCDD will maintain that portion of thc l'inc Ridge Canal off-site from the south border of the PUD to a point immediately .~)uth of the Immokalee Rc~d amil gates. Maintenance responsibility by the PMCDD for this portion will ce~x.sc iii the time of final development order for the protx:rty encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to m~d<e rmsonable access to and along the canal possible. The ram of post-development stonnwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the sud'ace water m:magement permitting prcx:css. UTILITIF~q Ao Temporary construction and/or roles trailers may use septic tanks or holding tanks for waste disposal subicct to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. Bo Golf course rest stations and maintenance buildings may be permitted to use ~ptic tanks or holding tanks lbr waste disposal subject to permitting under F.A.C. 10D-6, and may use potable as~d irrigation wells. Do Eo The project will be .5c.r','c'-d by central potable water distribution, fire protection and sewage collection facilitics. Irrigation water w~ll be provided with a separate distribution system supplied by onsite wells, reclaimed water or other non-potable water .source. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution ff93-187), as amended, and other applicable County rules and regulations. PMCDD will be resl:xmsible for installing potable water and irrigation water service connections to distribution mains for single family only. Use of the .services will be approved on final inspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be c.onstructed will be customers of the County and will be billed by the County in accord:race with the County's establishcxt rates. Thc on-site water distribution system serving the project must be connc~cted to the Collier County Water-Sewer District's (the District) water main available adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead end mains shall be minimizxxl by looping the internal pipeline network where feasible. The project's Developer(s) his assigns or successor', may negotiate an Agrcx:mcnt with the District fi)r the use of treated sewage effluent within the project limits, for irrigation purposes. The I'.)ev¢loper would be responsible for providing all on-cite piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, ,as required by the Ir:DEl' consistent with thc volume of treated wastewaler to he utilized. "Fhe utility construction dtx:umcnts for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design ,and configuration of One ma.stet pump station, flow by gravity into the station will not tx: possible. The Dcvc:loper's 'Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent 8-8 Mo N° with the County's Water Master Plan to insure that the Distr'ict's water system can hydraulically provide a sufficient quantity of water to meet t,qc anticipated dem~qds of the project a..qd tile District's existing committed calTacity. This reqt~irerncnt will be waived provided a written statement is obtained from Collier County Utilities Division skating that thc District has adequate facilities and capacities to sc~'c that phase of ~ project at the time utility service is requi~J. The exisdng off-site sewage transmission facilities of the District must be cwduated for hydraulic capacity to serve this project and improved as required outside project's boundary to provide adequate capacity to tr-,,.nsport the addition~d wastewater generated ',,;ithout adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that pha_se of the project at the time utility service is rcxlt,ired. Within the Pelican Marsh Community landscaping (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of a utility tine. Canopy trees may be located .,;even feet (7') from the utility line (seven feet (7') being measured from the trunk of the tree to the centcrline of the utility line). Reconstruction of sidewalk/pathw;~ys or modificadorffre-insm]lation of pl,mt materi',ds due to necessary maintenance of utility line will be the responsit~ility of the Developer its succes~rs or assigns. Collier County Utilitic~, Division shall 'allow the installation of potable water irrigation water service connections to distribution m~ns during construction of the single family subdivision utilities. The installation will be scheduled upon request and ~yment of fees by ~he developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, m~d pertbrmed by the developers' contractor. The contractor must be approved for the installation by thc Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection f~s will be rebated to the develolx:r annually based on meter inskallations. Developer will prepare a study to determine the most effective and efficient m~'qns to shield the light source spill-over from the sports field lights at Veter, m's P~k. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County Parks and Recr~tion Director for review and approval. Should the improvements be determined by the County to be expenses that are eligible for impact f~s credits, the developer will provide the County with engineered drawings and specifications suitable for bidding by the County. Developer will pay the County the value of light shield installation ,and receive impact fee cr~it, il' it qualifies under the County's Parks and Recrealional Facilities Impact Fee Ordinanex, for the actual cost of the work pursmmt to the terms of the impact fee ordinance. $-9 8.I0 E,NVIRONbI~TAL mo In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, the requirement for obtaining approval of an Environment~ Impact Statement (ELS) pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD bound,'tdcs that require County permits for or County approval of development or site alteration. This provision is based upon (I) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community -Environmental Supplement submitted in conjunction with this Application For Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD ElS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance ff93-27. This provision shall apply m thc Developer, its successors, or assigns. Pursuant to Collier County Land Development Code Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD EIS cited in provision 8.10.A above shall constitute Collier County's review and approval of all environmental resources and environmental qualily issues contained in the Pelic~m Marsh Community Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as defined via County Ordinance ff93-27. Co Provisions 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or chang~ environmental conditions on thc site relative to species of special status pursuant to Collier County Land Development Code Section 3.8.5.4.1.5.d. and e. D° The Collier County 'ST' overlay has been eliminated and replaced by this Plannc~ Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. The Cocohatchee Strand Mitigation Bank is hereby created and incorporat~ into this PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, linc. File No. ENV-88) depicts the improvements contemplated under the Cocohatchee Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and availa'fle credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Restoration Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes caum a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depict~ on the Restoration Plan, such modifications and revisions may be ad~ninistrafively approved by the Collier County Development Services staff. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the 'GCO' District and to the Xeric Scrub Conservation Ar~t. Compensation for lost habitat whose extent has been approved by the Florida Game and Fresh Water Fish Commission (FGI~VFC) shall be in accordance with FGFWFC policy. Go Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to South Florida Water Management District. The developer shall coordinate with and copy Collier County on all approved permits. 8.11 SUBDIVISION REQUIRF~MENTS AND STANDARD DESIGN SUIkSTITUTIONS Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless other'wi.se stated in this PUD. The following substitutions lo thc improvement standards are approved for Final Subdivision Plat requirements: A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except ~ follows: Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikcpath on each side of the street. All other thrcmgh streets shall be considered local streets and shall Ix: required to have a sidewalk or bikcpath on one side of the street. o All cul-de-sacs serving more than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving fifty (50) or less single family lots shall not Ix: required to have a sidewalk or bikepath provided the following conditions are satisfied: The right-of-way section shall include two twelve foot (12') wide travel lanes, and the gms:, density of the cul-de-sac shall be less th~ two (2) units per ac I'e. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: ........ 8- I I Cul<le-sac and local streets less than one thousand feet (1,0r'J0') in Icngg~ :irc required to have a minimum forty foet (40') right-of-way width and two ten foot (10') wide travel lanes, subject fur,.her to the cop. clitions of Section 8.11.A.4 of this PUD. All other cul-de-sacs are required to have a minimum fifty feet (50') right- of-way width and two ten foot (10') wide travel lanes, subjc-ct further It) the conditions of Section 8.11.A.4 of this PUD. o All other local streets are required to have a minimum fifty feet (50') right- of-way and two twelve foot (12') wide travel lanes. Where sidewalk design substitutions are desired per Section 8. l I.A.4 of this PUD, cul-de-snc streets shall have a minimum of two twelve foot (12') wide travel lanes. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. may exceed a length of one thousand feet (1000'). Do Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except o,~ Pelic;m Marsh Boulevard where the requirement shall be seventy-five feet (75'). go Street grades may exceed four percent (4~) under Subsection 3.2.8.4.16.14 prov/ded that applicable Florida Department of Transporu~tion, Manual of Uniform Minimum Standards ([:I)OT MIJNIS) and AASHTO criteria ;ire met. Fo Roadside slopes within private strect rights-o£-way may be allowed lo a maximum of 3:1 in accordance with }:DOT MUNIS, page I11-35. 8.12 PINE RIDGE CANAL 'Fine existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community blaster }'lan. The design of the rekr. ated canal incorporates features intended to fully mitigate for any impacts associated with its construction ,'md elimination of the existing canal, and shalt therefore not require thc: usc of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the res[xmsibility of the I'MCDD. 8.13 DEDICATIONS All dedications of property or facilities for a public purpose, whether by ea.sement or deed, may, at Developer's option, contain a condition limiting the use to .said public purpose. In addition, said dedication, at Developer's option, ma)' contain a reverter clause in thc event '""" ~"'"'"' ii- 1 ~ the public purpose use is discontinued or not commenced within a reasonable time period. The 'reasonable time" will be agreed to between the developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of ~ dedication. 8,14 PELICAN MARStl COMMUNITY SCttOOLSITE The Pelican Marsh Community School Site as shown on the PUD Master Plan sh,'fil be subject to the following standards and restrictions: A. Permitted Use The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of Building and Building Height The minimum setback of any structure (including lemporary, accesmry and portable structures) from a property line or fight-of-way line shall be twenty- five (25) feet on the northern and western property lines and fifty (50) feet on the eastern and southern property lines. No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty (20) feet in height. The maximum height of any structure shall be measured as .set forth in the Collier County l~and Development Code. C. Landscaping All areas not covered by structures, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management at.ts. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate govemmental agency. D. Signs Any sign installed in, on or placed within the School Site shall be no larger than ten (10) feet in length by five (5) feet in height. Lighting of any sign may be fluorescent uplight from grade. No neon or colored lighting is 8.15 allowed. All signs must also conform with the Coliier County L,'md Development Code. E. Exterior Lighting All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only ,and shall use fixtures, light source, installation and conh-ol techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. F. Outdoor Equipment All garbage and Uash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or sight-screened, fenced-in areas so that they shall not be readily visible. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be sight-screened so that they shall not be readily visible from adjacent properties. o All active sports areas including baseball, soccer, basketball, football, etc., shall be setback twenty-five (25) feet from the m.sterly and southerly propcrty lines. NOTIFICATION OF PROXIMITY TO COUNTY FACILITY Developer shall include the fi~llowing Notice in its sales contracts with purchasers within PMC who are acquiring an interest in rc~ property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: 'This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundaD, of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County." The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that Developer shall comply with the requirements of said ordinance or regulation, where applicable. 5/,_14 Pelican Marsh Communities .,::.,.~ * ,,.:~.. Map H2 (Re~.,~.d ~,~.p H} , ~ ~ ~ ~ : .............. Matte, Par WClC~ L~ted Perlner~¢ ELLIE HOFFMAN ,! ,I March 29, 1999 Ms. Pam Perrell Naples Daily :;ews 1075 Central Avenue Naples, Florida 34102 Re: ~:otice cf Public Hearing to Consider Petition PUD-93-01(4t Dear Pam: Please ad';ertise the above referenced notice one time on Sunday, April il, 1999, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF INTE[':T TO CONSIDER ORDINAJ~CE Notice is hereby given thai on TUESDAY~ APRIL 2~_~_)~_~L in tke Boardroom, 3rd Floor, Administration Building, Ccltler County Government Center, 3301 East Tamiami Trail, Naples, Florida, the of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M, The title of tlr,. proposed Ordinance is as follows: A/,~ ORDINANCE AMENDING ORDi~iA/,ICE NUU4BER 91-t02, THE COLLIER COU:?]':' LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE bq;INCCEPO~iED AREA OF COLLIER CO~TY, BY ~ENDI];G THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8525N, 852qf 8527S, 8534N, 8534S, 8535N, 8535S, 8536N, 8536S ;CID 853536 BY CH~.iGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REA~ PROPERTY FROM "PUD" TO "PUD" PL~I.;NED :~;IT DEVELOPMENT Yd';O~H~ AS PELIC~; [z~RSH, FOR PROPERLY LOCATED iMMEDiATELY UORTH OF A}~D CONTIGUOUS TO V~:DERBiLT BEACH ROAD (C.R. 90!), US 41 NORTH, PL~;ED LIVINGSTON RO~ RiGHT-OF-WAY IN SECTIONS 25, 27, 34, 36, TO'~EiSHiP 48 SOU/H, P~GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2072.88 ACRES, MORE OR LESS; PROViDiNG FOP THE OF ORDiNPC;CE NUMBER 97-79, THE FORMER PEL!CA2: MARSH PUD; AND PROVIDING ;d~ EFFECTIVE DATE. Petition No. PUD-93-01(4), George L. Varnadoe of Young, van Assenderp ~ Varnadoe, P.A., representing WCt Communities, L.P. fo~ amendment to the Pelican Marsh PUD for the purposes of adding spec[! ic regulations for boundary and project signage; making provisions for fifty (50) special residential dwelling units that may function as rental units in conjunction with the hotel or golf course; and revising the authorized amount of commercial development in the activity district. Copies of the proposed Ordinance are on file with the Clerk to Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must registe~ with the Count}, administrator prior to presentation of the agenda item to be addressed. Indi'/idual speakers will be limited to 5 minutes c>;~ any item. The selection of an individual to speak on behalf cf an organization or group is encouraged. If recognized by the Chairman. ~ spokesperson for a group or organization may be allotted 10 minutes ~o speak on an item. Persons wishing to have written or graphic materials included i~ the Board agenda packets must submit said material a minimum of 3 we~ks prior to the respective public hearing, in any case, written materJ.~].s intended to be considered b}' the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides tc appeal a decision of the Board will a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~4TY COMMISSIONERS COLLIER COUNTY, FLORIDA PA/4ELA S. MAC' KiE, CHAIRWOMA24 DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) March 29, 1999 Mr. George L. Varnadoe, Esq. Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive Naples, FL 34134 Re: Notice of Public Hearing to Consider Petition PUD-93-01(4) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Nap]es Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Eltie Hoffman, Deputy Clerk Enclosure March 29, 1999 WCi Communities L.P. 24301 Walden Center Drive Bonita Springs, FL 34134 Re: Notice of Public Hearing to Consider Petition PUD-93-01 ~'it r Dear Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 11, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure DAVID PLUMMER & ASSOCIATES 12B 2 April 22. 1999 332-2617 FA~: 941 /132-2645 E .mad dp, ofr.-~- :,~<jano' n~ Mr. George Varnadoc Young. ','an Asscndcrp & Varnadoc. t':\ P. O. Box 7907 Naples. Fl. 34101 RI:.: l'elican Marsh Notice nf l'r-p~sed Change, #98581 :~P~ 2 -, !999 Dear George. You have asked our firm to calculate thc number of muhifamily residential units that would have ~o be eliminated at thc Pelican Marsh Community to keep thc trip generation associated wifl~ the current (I 999) Notice of Proposed Change the same or less than t}~c trip generation associated with the pre~ ious ( 19971 Notice of Proposed Change. Our conclusion is that 200 muhifamilv residcr~tial units have to be eliminated to achieve no increase in trip generation. A total of 4.149 net external PM peak hour trips were approved for thc original DRI. 'thc:;c approved trips are reported in the Rcgi, real Planning Council's Staff Assessment. Table [6 I. trip generation associated with thc 1997 Notice c, ft'roposcd Change was reported in thc traffic studv ti~led Pelican Marsh Community. Nnt~cc of Proposed Chan~c, T[0. ffic Study and dated August 20. 1997. That stud.',' establishcd a total of 3.385 net external PM peak hour trips fi~r the 1997 The original submittal for the 1999 NC)I'C (Pelican Marsh Community. 1909 Notice nf Prop~scd Change.. Traffic Study and dated January 13.1999) established a total of 3,429 net external PM peak hour trips. 'I'he trip generation is summarized below. Pelican Marsh Community Tr__jip_ Generation Summary Scenario Net External PM Peak [four Trips Original DRI and Approved 1997 NOPC 1999 NOPC Original Submittal 4.149 o,38~ 3,429 The original 1999 NOPC submittal resuhcd in approximately 17% fewer trips than those established for the original DR1. When compared, however, to the 1997 NOPC. the originally submitted 1999 NOPC generated 44 more net external t'N! peak hour trips, or a 1.3% increase. FI A,,vE.~.S * CO~t G,~t~S · P~t.",,', BEACH · I~,]'~PA · FI LA. UDERDAtE 12B 2. If 200 muhifmnily trails are removed from thc 1999 NOPC, thc rcsuttar, t net external PM peak hour trips would be 3.375. This would bc I0 trips fewer than the 1997 NOPC or a reduction of approximately 0.3%. The trip generation calculation is summarized in Exhibit 1. A trip generation summary and trip comparison between the 1999 Revised NOPC and thc originally approved DRI and the 1997 NOPC are presented in Exhibit 2. The resultant development parameters, compared to the prior studies, are presented in Exhibit 3. We trust that the above clarifies thc traffic issue associated with the 1999 Notice of t'roposcd Change. If you should have an)' questions concerning the above or need any additional infom~atiun. please do not hesitate to contact these Vcf'v IrulV VOLI.Aq,_ , . MJG:sw 98551' CC: Ed Gri filth C. l.aurcncc Kccscv E.X~mT ~ PEUCA,N MARSH FTE ?RI~ GEt~ER.AT1ON (1) USE LUC) SIZE Ut~1T TRIP TYPE FACTOR Itl OUT TOTAL DAJI. Y S,~',~.,LE -F A.M IL Y -C,E T AC H E D 210 900 0 U. TOTAL 498 280 778 7826 It/TER~'~,.-MLSC. 9% 35 35 69 ('2) 664 (2) REC. FAC. 8% 31 31 62 (3) 615 (3) t,q'ERt~L-COMM. FAC. 1% I 1 2 (4) 73 (4) ~ ERhL~J. 431 213 6.44 6-4~4 P,~.~S-SY 0% 0 0 0 0 NET NEW 431 213 ~ r:~45.4 230 4.0rJO DU, TOTAL &,59 428 1297 14972 B,'TERNAL.MtSC 9% ~8 58 115 ('21 1309 (2) It,'TERr,L~..R£C. FAC. 0% 52 52 103 (3) 1177 (3) tJTERrGq..COMM FAC 1% 2 2 4 (4) 140 (4) EXIERt~L 757 316 1073 17~,46 Px2,5.8 ¢ 0% 0 0 0 0 NET NEW 757 316 1073 123,4~ CENTER 495 &O .~Y~/3 5q FL TOTAZ 4.8 92 140 1830 INTERNAL. MLSC DO% 35 35 70 (2i 915 ~2) ff(TE=,t4~L · REC F~. 0~ 0 0 0 0 HTER;~-C~M FAC. 0% 0 0 0 0 ~ER~ 13 57 70 9~5 P~S-BY 0% 0 O 0 O tlET NEW 13 57 70 9~5 RETAJ1. 820 (9) TOTAL 6.89 74G 1435 15255 It,"TERt~kL.Mk~C. 8% .~ 57 115 (2} 1220 (~t) It,rTE RtL~J.. - REC. F~. C% 0 0 0 0 ~ERt~L. C~M FAC. 0% 0 0 0 0 EXTERt~ 631 ~9 1320 1~35 P~S-BY 29% 2~ 2~ 416 (6) ~23 (~ tlETtiEW 423 ~1 ~ 1~12 GEt JE R/-J. OFF)CE 710 1 ~-,0.0CO $c Ft TOIA.L 42 205 247 1812 IraTE. Rte,.. MIX 8% 10 10 20 {~) 145 It;TERt~L - REC. FAC 0% 0 0 0 0 NTERt~AL · COMM. F~. 0% 0 0 0 0 EXTERt~ 32 1~ 227 ~7 P~Y 0% 0 0 0 0 NET NEW 32 1~ 227 MED~.,AL C~FICE 720 25.CO3 5q FL TOTAL 23 62 85 ~07 INTERtt~,L. MtSC 8% 4 3 7 (2) 65 ~JTERr~L. REC. F~. 0% 0 0 0 0 t~TERt~. ~M. F~. 0% 0 0 0 0 E~ERt~ ~ 9 59 78 742 P~S~Y ~ 0 0 0 0 NET NEW 19 59 78 742 HOTEL 310 45'3 TOT,aL 157 163 320 4014 INTERN~AL-MiSC. 9% 14 14 28 C2) 351 ('2') I/',FFER,'~AI.. REC. FAC. ~,% 13 13 25 (3) 315 ~) NTERt~ · ~MM. F~ 0% 0 0 0 0 ~E~ 1 ~ 1 ~ 2~ 3~ P~S~Y ~ 0 0 0 0 NET ~EW 1~ 1~ 2~ ~ ELEMEt~T~J~Y $C ~-.X~L 520 tuden~ TOTAL 5 5 10 (8) 9~x9 INT ER/4~L - MIGC 0% 0 0 0 0 It~'TERt~ - REC. FAC 0% 0 0 0 0 NTERH~. COMM FAC. 15% I I 2 (4) 145 (4) ~TER~ 4 4 8 824 P~S-SY 0% 3 0 0 0 NET ~W 4 4 8 824 ~e~-gR.W~4 l:~Bn' 1 PELIC.~ ~SH t~Di:~ g85~I ITE TR~ GEHERATE~ EST~,ATE BU~D~..rT. 2008 12B 2 [1) ITl: AZ)J. (1) L~JhlO USl: LUC) e,.,LTE. Ur~T T~IP TYI::'E. FACTOR lt,t OUT TOTAL DAJt. Y CHURCH 560 50.000 Sq FL TOTAL. 18 1 § 33 455 INTERNAL. M~.~;. 0% 0 0 0 0 IhrTERNAL. REC. FAC. 0% 0 0 0 0 t~'ERt~J - ~M. F~. 15% 2 2 5 (4) ~ (4) ~E~ 16 13 28 ~7 P~S-BY O~ 0 0 0 0 tIET NEW 16 13 28 ~7 C, OU: C4DURSE (PRrVATE~ 430 IB H, ~el. TOTAL 22 25 50 6.43 It,'TERhtAL. MLSC 0% 0 0 0 0 ~',rTERtUq.. REC FAC. ~ 22 22 45 (3) 579 (3) N'TERtta.L · C.,OMM FAC. 0% 0 0 0 0 [.XTE Rt 1A1. 0 6 .5 6-4 PASS-BY 0% 0 0 0 0 t~ET ~'~l: W 0 6 6 C4 COURSE (13UBL~) 43G 18 ~l~ TOTAL 22 28 50 I~4TERNAL - M~ 0% 0 0 0 0 ~r,~TERr~J.. REC. FAC ~% 13 13 25 (3) 322 (3) HTERr~ · C~M. F~. 0% 0 O 0 0 E~ERt~ 9 15 25 321 P~SS-BY 0% 0 0 0 0 NET NEW 9 15 24 321 COLF CO(JRSE (PUBLIC) 430 27 Hq~es OTHl:R RECRE.A HEALTH CLUB 493 5,D"J0 Sc Ft. TOTAL 33 41 74 It,'TERt~,.L · M~C. 0% 0 0 0 0 ItFTERt~L,REC. FAC. 5~% 19 19 37 (3) 4~3 (3) NTERhtAL - COMM. FA,C. 0% 0 0 0 0 EXT E R~',~/. 14 22 37 4.82 PASS~Y 0% 0 0 0 0 NET NEW 14 22 :~ ~82 SUBTOTAL 13 9 22 244 (5') SUBTOTAL 35 3.5 70 (7) 559 TOTAL 4.8 4-4 92 8O3 ff~TERhb~L. MISC. 0% 0 0 0 0 ff~'TERh~,.L · RI:C. FAC. 90% 41 41 83 (3) 723 (3) NTERt ~,_ · COMM. FAC. 0% 0 0 0 0 EXTER~tAL 7 3 9 ~0 PASS-BY 0% 0 0 0 0 NET NEW 7 3 10 80 TOTAL Peak H~J[ Direcl)onal S~.'Peak-[o-Daily Ra~o TOTAL 2474 2137 4611 509'34 It,FTERt/,,,M.-MI~.~C. 214 212 426 (2) ~ (2) IHTERtC*.L.REC. FAC. 191 191 382 (3) 4214 (3) tFFERt~.L - COMM. FAC. 6 6 12 (4) 427 (4) l:J(Tl: R~'~aJ. 205'3 1728 3791 4166.4 PASS-BY 206 20~ 416 (6) 4023 (6) Nl:T t',~E W 1855 '[520 3375 37641 55.0% 45 0% 90% FOOT't~STE S; (1) Based an ITE Trip C,*ne~6o~, Six~ Edit~:x~. ('2) ~ ~:~ Io4~om Community a~ ~1U~. ~ ~l ~ ~ R~e.~ F~, ~udi~ ~ ~. (~ ~ ~ ~ ~u~ F~. (~ ~ ~k ~ r~a ~ m~ ~ ~ ~E, Tdp ~. ~f ~ r~ a 10% r~ ~ PM ~ak ~r ~te f~ ~-~ak ~. 2 EXItlBIT 2 PELICAN MARSI! 1999 NOPC TRIP GENERATION SLIMMARY Originally Approved DRI and Approved Trip Generation 1997 NOPC ]'rip Generation 1999 Revised NO['C Trip Gcncr:ifion 1999 Revised NOI'C - Original DRI Approved Trip Generation 1999 Revised NOPC - 1997 NOPC Trip Generation Net Extcrn:d PM l'cak }t,?ur 4.149 3.385 3.375 - 774 (-18 - I 0 ~2~ 2 ZZZZ 'I. 2B 2 ¢ll/DIX,.\N('E 99- 33 :\X ORI)IN:\ NC[.~ .-\MENDING ORDIXAX('I! NI'XlP;ER 91-I~,2. TIll:' COLIAER ('Ol_iN'r'Y DF.\'F_I.()I'.\IEN'I ('ODE. V,'HICtt IN('I.I~Dt!S Till-: ('O~.IPRI!IIENSIVI-_' ZONING REGUI..,VI'IONS I-'()R TtlE I:NIX('(~I.It'ORATI.~D AREA ('}1: ('OI.I.It!R ('(,~t :N'I'Y, I:I ()R II)..\. B'Y .,\M ENDIN(i Till! ()FFI('I,,\I. ZOXlN(i ATLAS .\lAPS S525N. 8525S..x527N. 8527S. 8534N. 8534S. 8535N. 8535S. S536N. s53t~S AND 853536 [t5' -I'IIF. ZONING ('I-.,\SSIFI(b\TION O[: Till! Ill!RI!IN I)ESCRIBED Rf!.,\L PROPERT'Y FROM "PUD" 't() 'TUI)' I'LANNI..I) UNI'[' DI/VI![.OPMi:NT KN(I\VN AS PI-:A. ICAN \I..\RStl. FOR PROPERTY l.O('.,\Tf!l) I.M.MEDIATI!I/f NORTtt OF AND CON'rlGUOI \',.XXDERBILT lttL,\('It RO..\D lC.It. 9011. N¢)RTtt. TO 'litf! PI.ANNED I.IVINGSTON R[GtlT-OF-\VA'f IN Si'!CTIONS 25, 2-. ?,4..;5, ,,\NI) 36. TOWNSIIIP 4,'-i SOUTII. RANGE 26 I!..\SI', COI.LIER COI'NT'f, FI.ORtDA. CONSISTIN(i OF 2072.88 ACRF. S. MORE OR [.ESS; PROVIDIN(i Tile REPE.,\L ~')F ORDINANCE NUMBER 97-79. TIlE FOR.\IER l'f~l.lC..\N MARStt PUD: .,\ND PROVIDING .,\N I!I:FF.('TI\"E DATE. \\'111!REAS. (Jcorgc l.. \'arnad,,c of Young. van ..Xsscndcrl) and V;~rnmioc. t'.A.., representing WCI Communities. l..l'., petitioned thc Board of ('otllllV ('ommissioncrs ~,~ change Ibc classification orthe hcrein described real propcns: NOW TItEREF()RE lie r7 ORDAINED RS' TIlE ItOARI) ()1: COMMliSlOXERS OF ('OLIJER ('OI X'I'Y. FI.ORIgA; Thc Zoning Classification of fl~c herein dcscrihcd real propc~y hmalcd in Sections 25. 27. 34, 35 and 36. Township 4~ South. Ran~. 2r~ l!asL Collier County. Florida. "PUD" Planned Unil Dcvdopmcnt in acc~rdancc wilh Ibc PUD Dncumcnl. allachcd hcrclo ;ts Exhibi~ "A", which is mco~orated herein and t,x rct~'rcncc made pan hereof. Thc Official Zoning Alias Maps numbcrcd8525N, i525S. R527N. 8527N x534X.~534S. S535N. 8535S. 853(,X. S53(,N AND 853536. its dcscribcd in Ordinance Number ~)1-i,22. fl~c (',fllicr ('ounlv Land l)cvclopmcnt ('odc. arc hereby amcndcd accordingly Ordinance N'mnl-~cr 0%79. knm~ n as thc I~c}i{:iII1 ~lal'sh I'UD. adopted on I)eccmbcr 9. 1997 by the Board of C'ounly Commissioners ol'r',,!licr County. is hcreby repealed in its cnlirclv. 12g 2 SECTION TttREE: This Ordin;mce shall become eflL'cti~ e upon liling wilh tile Dcl~am'ncnl t~l' State. PASSEI3 AND DL'[.Y AI)OP'I [~1) by the Board of County Commissi~mers of ('~fllicr ATTEST: BOARD OF COUNTY ('OMMISSI()NERS DWIGIIT E. BROCK. ('lcrk ('OI.[.IER ('OtiNTY. FI.ORII)A ~ttes~ as to Chmf~'~ signature only. ApprovedastoYormamt l.egalgt~£15cicncv Ib\~(" k' IE. CI IA{R \VOM.,\N Marjor/.k M. Student Assistant ('ountv AtloD"~cy -2- 12B 2 .E, Xtt[BIT A PELICAN MARSII COMMUNITY A PLANNED UNH' DEVELOPMENT 2072.88+ Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 :Fast Collier County, Horida PRI';PA RED FOR: WCI COMMUNITIES, L.P. 24301 Walden Center Drive Bonita Springs, Horida 34134 PREPARED BY: WII.SON, MII.LER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 PUD 93-I, ORDNANCE 93-27 - ORIGINAL PUD 94-9, ORDINANCE 95-4 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 -AMENDMENT ORDINANCE 97-79 -AMENDMENT ORDINANCE 98-11 -AMENDMENT DATE FILED DATE REVIEWED BY CCPC_ DA'It APPROVED BY BCC ORDINANCE NUMBER 1/29/99_ 4/1/99 5/11/99 TABLE OF CONTENTS 2 LIST OF -EXHIBITS S'TATEMENrF OF COMPLIANCE AND SHORT TITLE S F.C'TI O N I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECWION VIII LEGAl. DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DfLSCRIPTION PROJECT DEVELOP/vIENT RESIDFh'qTIAL DISTRICT GOI.F COURSE, RF..CREATION & OPEN SPACE DISTRICT RESERVE DISTRIC'¥ CULTURAL CENTER DISTRICT ACTIVrFY CENTER DISTRIC'r GF. NERAL DEVF. I.OPMENT COMMITMENTS PAGE ii iii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 12~ 2 LIST OF EXIIIBITS 'Exhibit A blap 1-t2 (Revisc~d btap H) Mast.er Pla. n 0vVMB&P, Inc. File No. RZ-219-H) 12,? o o STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of thc WCI Communities, I..P., hereinafter referred to a.s WCI or the Developer, to create a Planned [Init Development (PUD)on 2072.88+ acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 F..a.st, Collier County, Florida. The name of this l'lanned Unit Development shall bc Pelican Marsh Community. The development of Pelic;m Marsh Community will be in general compliance with thc planning goals and objectives of Collier County as set forth in the Gro~ Management Plan. Thc development will be consistent with the gro'~,~ policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject prot~crty is within the l. lrb,'m Mixed Usc DistricffUrb~m Residential SubxJistrict as identified on thc Future l..and [lsc Map as required in Objective I, of the Future Usc Element (FI.UF0. 'Ibc purpo.~ of thc Urban Residential Subdistrict is to provide fi~r higher density rcsidcnlial u.scs in an arcz, with relatively few natur, fi rc.umrcc coastntints where existing and planned public facilities are concentrated. The pre,postal density of Pelican M'arsh Community is 2.4 units per acre and less than maximum density permitted by thc FI.UE D,,msity Rating System ;md is therefore consistent with Future I..and Usc FJemcnt Policy 5. I. The entire subject properly qualifies for a ha.sc density of four units per acre. Certain parts of the subject property arc flmher subject density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long rang,..:' traffic congestion arm and intcrconnection density rtxJuction, v. hich when lakcn collectively :md applied to the properly yield an allowable density greater than thrt.~ uniL',; per acre. Pelican Marsh Community is compatible with and complementary to existing anti future surrounding land tJgCS as required in Policy 5.4 of the Future Land IJ~ t:.lerncnt. Improvements arc planned to ix2 in subsumtial compliance with applicable land development regulaliuns ;is .scl forth in Objective 3 of the Furore I...and Usc Element. 'Igc devclop~ncnt of PclJcan Marsh Co~nmunity will rcsuh in ~ efficient and economical extension of community fitcilitics and services a_s required in Policies 3. I.H and L of the Future Land Usc Element. Pelican Marsh Community is planned to incorporate natural systems for water management in accord,'mce with their natural functions and capabilities as may be required by Objective 1.5 of thc Dnfinage Sub-F. Icmcnt of thc Public Facilities Element. Ill Pelican Marsh Community is a large sca. lc funcdonaJly interrelated community, and is planned to encourage ingenuity, innovation and imagination a.s set forth in the Collier County Land Development Code Planned Unit Development District. Pelican M'arsh Community represent~ a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. StiORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". 12B 2 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERStlIP, AND GENERAL DF-SCRIPTION 1.I PURPOSE The purpose of this section is to set forth the legal description and ownership of Pelican Marsh Community, and to de.r/be the existing condition of thc property proposed to be developed. 1.2 I.EGAL DESCRIPTION PELICAN MARStl, being approximately 2072.88 acres, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 F. ast, Collier County, Flor/da; thence along the west line of said Section 27 and the easterly right-of-way linc of U.S. 41 North 00o38'20" West 2623.40 feet to the we.st 1/4 comer of said Section 27; thence continue along the ,.,,'est line of said Section 27 and said right-of-way Norlh 00 39 1,. West 827.69 feet; thence leaving .said line North 89020'45" East 3844.57 feet to the weslerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Flor/da; thence along said westerly right-of-way line in the following four (4) described cour.~s; 1) South 05%4'48" 'East 3545.96 feet to the .south line of said Section 27; 2) South 05°33'10- -E~t 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12°42' 18" and being subtended by a chord which bears South 00047'59" West 619.60 feet; 4) South 07o09'08" West 1675.64 feet to thc boundary line of the plat of Pine Ridge Second Extension ms recorded in Plat Book I0, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses; 1) 2) 3) 4) 5) 6) 7) South 89050'58" West 88.21 feet; North 31034'00" West 120.19 feet; North 05037' I0" West 956.47 feet; South 74°46'39'' West 379.98 feet; South 12004'43" Fxst 23.53 feet; South 87°09'43" We.st 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64°46'40" and being subtended by a chord which bears North 48°50'02" West 1757.26 feet; 1-I 8) North 8 ° ' " I 13 22 West 737.85 feet; thence leaving said plat I'x)undary North 00°03'39" West 707.85 feet; thence South 89 3. 32 Ea.st q36.81 feet; thence North 00°26'28'' F~ast 180.64 feet; thence northerly 37.60 feet along thc arc of a circular cu~'c concave c~Lsterly having a radius of 130.00 f~t through a central angle of 16°34. 19" and being subtended by a chord which be_ars North 08043'37.. iD.st 37.47 feet; thence North 17°00'47- Fa.st 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59 5, and being sublend~t by a chord which be. ars North 30~29'09- West 582.44 ~'eet thence North 77°59'05.. ",Vcsl 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve connive northeasterly having a radius of 800.00 IL'ct Olrough a central angle of 29:59'57" and being subtcnd~.xt by a chord which bears North 62'59'06~ West 414. I0 feet thence Nor-th 47°59'08- West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve conc~l,/c ~uthcrly having a radius of 826.09 fcct through a central angle of 42°40'0g' ,'md txsng subtendcct by a chord which bears North 69'"19' 10" We.st 601.07 feet; thence South 89°20'48' West 2('M.55 feet to the west line of .~ml Section 34 and the right-of-way linc of U.S. 41' ' thence along s~tid li;~¢ Nor'Ih (~ 39'20" West (~5.92 [',et to thc Point r~f Beginning; LF~SS AND I£×CF. PT all that part of Pelican Marsh Il'nit Five as recorded in P/at Book ~q pages 88 through 89 Public Records of Collier County, Florida being more particular described as follows: BF~GINNING at the northwesterly corner of ~id Pelican Marsh [Init Five; thence along the boundary of said Pelican Marsh Unit Five South 9 33 32 F..ast 306.56 feet to a point on the west line of Tract WF-I (Drainage l'~asement) according Io the Plat of Grand Isle at Pelican Marsh, Plat Ik-',ok 24, pages 67 through 70, Public Records of Collier Count),, f:h~rida; thence along .said 1/ne South (Xl"/)O'IX)" East 481.17 feet to a point on the nor'Ih linc of Tract ~Lt~ (Vandcrbilt Beach Re,ad) according ~o thc Plat of Pelican Marsh Unil Five. Plat Bcx)k 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly,, 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00, through a central angle of 07° 13'26' and being subtende(t by a chord which bears South 88~' 15'16" West 306.17 feet to a point on the boundary of ~id Pelican Marsh Unit Five; thence along said line North 00¢03'39~ West 492.87 feet to thc POINT OF BI;GINNING of the parcel herein described; Containing 3.40 acres more or Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33 32 F~ast. I-I 12B 2 containing 573.98 acres more or less; subject to e~a.saments and restrictions of record; TCKitTFHER WITit THE FOLI.OWING D -ESCRIBED PARCEl.: All '.hat part of Section 27, Township 48 South, Range 25 l-2tst, (7oilier County, Florida being more particularly descri~xt as follows: Commencing at the west I/4 comer of said Section 27~ thence along said west line North 00039' 12' West 827.69 feet: thence leaving said line North 89°20',45" IL'LSt 577.78 fl_'et to the P()INF OF BF.(ilNNING of the ixarcel herein described; thence North 57°47'59" Fast ,46.92 feet; thence North 68'35'21" F2,st 110.88 fi.mi; thence North 00039. 12" West 187.52 feet: thence North 77043'40" I'hst 573.08 fi-ct; thence South 72059'03" [kq. st 785.48 feet; thence South 00039. 15" -East 27.71 feet; thence North 89°20'45" F. ast 503.78 feet: thence South 00"39' 15" Fast IfX).64 feet; thence South 89°20'45" West 1957.22 feet to the Point of Beginning of thc parcel herdn dcscfitx.-d; Subject to ea.scment.s and restrictions of rccr)rd. Containing 9.5 acres more or less. Lk,nrings are ba.v,'xl on thc ,,,,'cst line of .~tJd Section 27 ;ts being N~rth (XP39' 12" Wcsl; AND I.f-LSS THF. FOLLOWIN('; THREE (3) DFLSCRIBED F'ARCEI2,;: All that part of Section 27, Township 48 South, Range 25 l-7.a.st. Collier County, Rod(la and being more particularly descrit~xl &s follow~: Commencing at the west ()ne quarter comer Section 27, Township 48 South, Range 25 Ih.st; thence along the west line of ,~.'tid ,Section 27 North 00°39' 12" West 827.69 feet: thence leaving said section line North 89°20'45.. Fast 55.00 feet to '&e Poinl of ~ginning or the area thereon described; thence North 89°20'45" East 366.45 feet; thence South 00039. 15~ East 34.09 lc. ct; thence southeasterly 47.35 feet along the arc ora non-h'mgential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and being subtended by a chord which bears South 6.4°19'09'' F2st 46.45 feet Io a point of compound curvature; l?-g 2 thence .~mthcrly 259.53 freer airing the arc of a circular curve concave we..,itcrly having a radius of 197.21 feet through a central angle oi' 75024'06'' and being subtended by a chord which bears South 07014'23.. East 241.20 feet to a point of reverse curvature; thence mutherly 151.40 feet along the arc of a circular curve concave m.sterly having a radius or 130.00 feet through a central angle of (:,6°43'37" and being subtended by a chord which bears South 02°54'07'' East 142.99 feet to a point of reverse curvature; thence mutherly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98024. 12" and being subtended by a chord which N.'ars South 12°56'10" West 105.98 feet; thence South 62"08' 16" West 75.07 feet; thence southerly 48.75 feet along the arc of a circular cur,,,e concave e,x';tcrly having a radius of 30.00 feet through a central angle of 93°06' 13" and being subtended by a chord which bears South 15o35' 10" West 43.56 feet; thence a4t-mg South 30°57'58.. East 34.79 feet; thence .southerly 19.94 re, el along thc arc ora circul,'u' curve concave westerly having a radius of 80.00 fl.'ct thrtmgh a central angle of 14016'43" and being subtended by a chord which bears S~uth 23°49'37'' Ik~st I9.89 feet: the:~ce aloag a non-tangential linc Sot, th 84° 13' 14" ir-mst 158.41 lEx:t; thence South 80°55'24" l:~a.st 183.78 fox't; thence South 81 °52'51" t'2-Lst 180.90 feet: thence South O0°(X)'00'' F. ast 261.28 feet; thence North 90000'00" West 394.57 feet; thence North 00°(X)'00" F.a.st 271.73 feet; thcnce North 84°13' 14" West 120.32 IL'ct; thence South 33°05'40" West 54.13 feet; thence South 76°56'51" West 89.04 feet; thence North 58°35'21" West 65.19 feet; thence North 15°31 '55" West 74.80 feet; thence North 0¢41 '41" Wesl 115.24 feet; thence North 28°22'47" l'2tst 171.51 feet; thence North 17°11'45" West 106.79 feet; thence North 13°02'52" tia.st 28.51 feet; thence North 73036' 14" West 54.78 feet; thence South 49016'08" West 112.78 feet: thence South 89"47'08" West 53.08 feet; thence North 58'"00'49" West 50.49 feet: thence North 00039. 12" West 303.49 feet to the Point of Px:ginning of the area herein described; Containing 7.8 acres more or less; Subject to ea.~ements and restrictions of record; l.k::arings arc based on the wcsl line of Sect/on 27, Township 48 South, Range 25 F,a.st, Collier County, Florida being North O0 .9 12 ',Vest' ~nd AIl that p;u-t of Section 27, Township 48 South, Range 2.5 [~st, Collier Counly, Florida being more particularly descriix:d as follows: Commencing al the west 1/4 comer o£.said Section 27; thence along said west line Nord~ 00°39'12- We_st 827.69 feet; thence leaving said line North 89°20'45" East 2469.55 feet to the POINT OF Bt-XJINNIN(; of the parcel herein described; thence continue North 89"20'45' East 787.88 fever; bhcnce q;outh 84°45'32" West 23.43 feet; thence South 74°56'42' West !21.32 feet: thence South '79°49'51" West 45.93 f~t; thence we, sterly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feel through a central angle of 39°30' 16" and being subtended by chord which 'treats North 80°25'01" West 44.61 feet to a I:xfin! of' reverse curvalurc; thence northwesterly 52.92 feet along thc arc ora tangential circular curve concave to thc south having a radius o£ 150.C~) fret through a central angle of 2Ct' 12'57" ,-,mci tx:lng subtendc~ by a chord which h,,.'ars North 70°46'21" West 52.65 feet; thence North 8(fi52'50" West 36.59 f~t; thence westerly 46.17 feet along the arc of a tangential circular cu~'e concave to the .mulh l'uaving a radius of g0.00 fcct through a central angle of 33'04' 13" al~(t being subtended by chord which bears South 82"35'04" West 45,54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 fc~t through a central angle of 36"26' 18" and being subtcndcxt by chord which bears South 84016'{36" West 37.52 feet to a Fxfint of reverse curvature; thence westerly 68.84 feet along the arc of a tangentiM circular curve concave Io the muth having a radius of 305.00 fcx..t through a central angle of 12~'55'58'' and being subtend~.xd by a chord which bears North 8Y~58'44'' West 68.70 feel' thence South 89°33'17" West 18.36 Cc'et; thcnce South 89°39'I 1" West 71.63 feet; thence North 89°35'03'' Wcsl 36.03 feet; thence South 86o06'33.. West 42.94 feel; thence South 83°44'08" West 26.23 feet; thence South 51°01 '05" West 27.49 feet; thence South 33°25'42" West 19.95 feet; thence South 15°39'57~ West 20.54 feet; thence South 10°54'31" Wcs~ 34.64 Feet; thence South 89020'06" ~, cst 101 06 feet; O~ence North 10045'58" [La.st I01.42 feet to the Point of Beginning of the parcel hcrcin described: Subject 1o ea_c, emenLs and restrictions of record. Containing 0.48 acres more or less. Beatings are ba.sed on the west line of said Section 27 as being North 00"39' 12" West; 1-5 1. B 2 a~d All that pan of Section 27, Township ,18 South, Range 25 ['~ast, Collier Cotinty, Florida being more particularly descfibed as Follows: Commencing at the west I/4 corner of said Section 27; thence along said west line North 00039. 12" West 827.69 feet; thence ieaving said line North 89°20'45" East M01.12 feet to the POIN'T OF BEGINNIN(; of tt;e parcel herein described; thence continue North 89°20'45" East 443.43 feet; thence South 05°34'48" l~st 147.72 feet; thence South 89020'45" West 51.56 feet; thcnc:: North 23°56'01" We,st 13.07 feet; thence northerly 30.72 ft.~..'t along the arc of a tangential circular curve concave to the ms~ having a radius of 80.0(/feet through a central angle of 21"'59'5Y' and being subtended hy a chord which bears North 12056'04'' West 30.53 feet; thence North 05""01 '01" West 31.56 feet; thence North 36:'19'27" Wcsl 32.02 feet: tht_mce North 56"'04'.13" West 35.1 I feet; thence North 80°39'23- Wcsl 32.53 fret; thence North 88039'20.. West 97.78 feet; thence North 86004'48" West 45.79 feet; thence North 89049'56" West 132.77 feet; thence North 69°40'18.. West 37.23 feet to the Point of l~ginning of the parcel herein dcscribe, d; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are b,'tscd on the west line of .~'fid Section 27 as being North 00"39' 12" West; AND TOGEFHER WITtt THF, FOLLOWING DESCRIBED PARCEl,; BEGINNING al the northwest comer of said Section 35; thence along the north line of .~dd Section 35 North 89°45'35" East 5231.69 fi:et to thc west fight-of-way line of Aiq'xm-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00031'47" F.,a.st .5258.31 feet to the .~mth line of said Section 35; thence along said south line South 89039'22'. West 2541.65 feet Io the south 1/4 corner of said Section 35; thence continue along .said south line South 89039'32" West 2641.33 feet to the southwe,st comer of .said Section 35; thence along the south line of said Section 34 South 89°51'02" West 391.57 feet to thc boundary line of a parcel dc.~ntx, d in O.R. Book 524, page t21 of the Public Records of Collier County, Florida; thence akmg the bouncktry of .~t/d parcel North 01°0Y3Y' West 295.29 fo'et; 1.2B 2 thence continue along the boundary of said parcel South 89°51 '02" West 443.28 feet to thc easterly fight-of-way line of proposed Goodlette-Frank Road a.s recorded in Plat [knok 13. page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07009'08.. East 1729.52 feet; thence continue along .said easterly right-of-way line northerly 649.69 feet ,'dong the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12°42'18~ and being subtended by a chord which bears North 00047'59'' East 648.'37 feet; thence cxmtinue along said fight-of-way line North 05033' 10" West 2628.¢4 feet to a point on the north line of said Section 34; thence leaving said fight-of-way line ,and along the north line of mid Section 34 .South 89°31 '31" East 772.91 feet to the Point of Beginning; ctont:tining 708.39 acres more or tess; subject to easements and restrictions of record: AND TOGI~'FUI-;R WITtt 'l't-II£ FOLLOWING DF__,SCRIBED I'ARCI:.I. BEGINNING at the northeast comer of said Section 36; thence along the east line of xfid Section, South 02o12'03.. [:.a_st 2671.63 feet to the ~LSt 1/4 comer of said Section 36; thence continue ,'dong the east line of .said Section 36 South 02°06'28' 'F2.st 2519.08 feet ~o a t×fint on the northerly right- of-way linc of Vandcrbilt Be~ch Road; thence along said northerly right-of-way line North 89039'39.. West 2855.35 feet; thence continue ,-'dong said line North 89043'59.. West 2544.87 feet to a poim on the easterly fight-of-way linc of Airlx:)r~-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 0(Y~31'47'' West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the ~mth 80 feet of the north 619.49 feet of .sa./d Section 36; thence along the south line of said l,'md North 89o27'57'' East 15.00 feet; thence along the mst line of mtid land North 00°31 '47" West 80.00 feet; thence along the north line of s~dd land South 89027'57" West 15.00 feet to the ~a.st fight- of-way line of Airport Road (C. R. 3 I); thence along said right-of-way North 00°31 '47~ West 539.49 feet to the north line of said Section 36; thence along said north line North 89027'57. E.a.st 3914.28 fcct to the southwest comer of the east 1/2 of the east 1/2 of said Section 25; thence along the west line of the east 1/2 of the east 1/2 of .~d Section 25 North 01o54'09.' West 2668.19 feet; thence continue along thc west line of the east 1/2 of the east 1/2 of said Section 25 North 01°57'16'' West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said fight-of-way North 89°14'36'' F.,ast 1325.57 feet to the east linc of .said Section 25; thence along said c,~t line of Section 25 Stmth 02006'59.. F_.,tst 2569.75 f~t to the east 1/4 comer of Section 25; 1.1 1.2 thence condnue along said east line of Section 25 South 02°00'46" East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or less; total parcel contains 2076.28 2,072.88 acres more or less; subject to easements and restrictions of record; beatings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89045'35' East. PROPERTY OV', ,~ERSHI P The subject property is currently under the equitable ownership or control of WCI Communities, L.P., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. Detailed ownership information is provided on Attachment 4-1 of the Pelican Marsh Community Application for Development Approval. GENERAL DESCRIPTION OF PROPERTY Ao Bo The project site is located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 -East, and is generally bordered on the west by Tamiami Trail North (U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Sea.sons and Immokalee Road (C.R. 846); on the east by the future Livingston Road; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is shown on Map A of the Pelican Marsh Community Application for Development Approval. The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development), A (Rural Agricultural) and A-ST. Elevations within the site range from 6' to 14' above mean sea level with an average of approximately I1.0 feet. Per FEMA Firm Map Panels Nos. 120067-0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zones "AE' and 'X'. Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. The soil types on the site generally include Immokalee fine sand; Mya. kka fine .sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine .sands; Boca fine sand; Chobee, Winder and Gator, depressional; Holopaw and Okeelanta soils depressional; 13oca, Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land Holopaw Basinger Complex; Urban Land Immokalee Oldsmar Limestone Substratum complex: Satellite fine sand; and Urban Land Satellite Complex. Soil 1-8 12B 2 1.3 1.4 Conscrvation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval. Et Prior to development, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval. The project site is located ~4thin the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport Road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport Road runs in a east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stormwater Management Ma.stet Plan is shown on Map 1 of the Pelican Marsh Community Application for Development Approval. DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statute:~, as a Development of Regional Impact (DRI). Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's author/zation for the commencement and development of the first phase of the community, which is below 80% of any applicable DRI threshold. I) EN'SITY Acreage of the Pelican /vlarsh Community is approximately 2072.88 acres and thc number of dwelling units author/zed to be built pursuant to this PUD is 4900. The gross project density, therefore, will be a maximum of 2.4 units per acre. At all times all property included within thc Pelican Marsh Community shall be included in determining project density including property reserved or dedi~tted for public urns, such as, but not limited to, public roadways. 12B 2 2.1 2.2 2.3 SECTION I1 PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally de.scribe the plan of development for Pelican Marsh C'~mmunity, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DES, CRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Pelican Marsh Community, a private community, will include a broad range of single family and multi-family housing, 63 holes of golf with clubhouses and other associated facilities, a master planned activity center including a resort hotel and cultural facilities, stormwater management lakes, open spaces, and reserve areas. The Ma.star Plan is iljustratad graphically on WMB&P, Inc. File No. RZ-219-H. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. GENERAL COMPLIANCE WITli COUNTY ORDINANCES Regulations for development of Pelican Marsh Community shall be in accordznce with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such a.s but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Ia. nd Development Code shall apply. Unless otherwise defined herein, or as necessar/,ly implied by context, the definitions of all terms shall be the same as the definitions .set forth in the Collier County Land Development Code in effect at the time or development order applicatioa. 2-I 12B 2 [X:velopment permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land IXwelopment Code. Unless modified, waived or excepted by this PUD or by sub.,~quent requc.st, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or a_s represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. Thc SubdMsions l)ivision of the (;oilier County l.~md Development Code (Article 3, DMsion 3.2) shall apply to Pelican Marsh Community, except where an exemption is mt forth herein or otherwise granted purstumt lo l..and Development Code Section 3.2.4. Go The Site I~veloprnent Plans Division of the Collier County Iztnd l)evelopmem Code {Article 3. Division 3.3) shall apply to Pelican Marsh Community, except where an exemplion is .set forth herein or otherwise gnanttxl purstkant to Land Development Co(lc Section 3.3.4. 2.4 C()M,MUNITY DEVELOP,MI..~',,'T I)ISTRICT The developer has established the Pelican Marsh Community Development Dislrict (PMCDD) to design, construct, manage, and mainta/n inffaslructure and community facilities nc,zded to serve the Project. The PMCDD constitutes a timely, efficient, effective, reziponsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the PMCDD sh,'fll be subject to, and shall not be inconsistent with, the Collier County Growth M,'mngement Plan anti all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Sc(lion 190.006 through 190.041, Florida, Stalutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of qthality infrastructure under the tenns and conditions of County development approval. 2.5 ROADWAYS Roazlways 'within the Pelican ~.larsh Communily are included ~s one of the PMCDI) provided infrastructure improvcmcnt.s. Standards for roads shall Ix' in compliance with the 2~2 2.6 2.7 2.8 2.9 12B 2 applicable provisions of Collier County I.and Development Code regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2.. Section 3.2.7.2 o£ the Collier County Land Development Code. The Developer, also reserves the right to establish ,gates, guardhou.~s, and other access controls as may be deemc, d appropriate by the Developer on all privately owned and maintained project roadways. I.AKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican M'arsh Design Review Committee (PMDRC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Pelican Marsh Community shall be limited to an amount up to I0 percent per lake (to a maximum of 20.(XX) cubic yards) of the total volt,ne excavated unless a commercial excavation permit is received. USE OF RIGIITS-OF-WAY Utilization of lands within all project rights-of-way for landsc~aping, decorative entrance ways, ,'md signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Dirc'ctor for engineering and safety considerations during the development review process and pr/or to ,any installations. MOl)EL ! IOMF~q/SALI'2$ CENTERS Model homes, sales centers anti other uses and structures related to thc promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Pelican Marsh Community subject to the requirements of An/cie 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Sectkm 3.2.6.3.6, of the Collier County l~'md Development Code. CIlANG~2S ANI') A,'HENI)MENTS '1"O PUD DOCU,MENT ()R PUI) MASTER PI.AN Changes and amcndmenLs may be made to this PUD Ordinance or PUD Master Pllm as provided in Article 2, Division 2.7. Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Sect/on 8.3 of this PUD document ma)., be made in connection with an.,,, type of development or permit application r~-xluirc'd by d~c Coil/er County Land Development ('ode. 2.10 COMMON AREA MAINTENANCE 2 Most common area maintenance will be provided by the PMCDD. The PMCDD is a legitimate alternative for thc timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a property owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. Thc PMCDD or the property 'owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 9048 and Resolution 90--292. together with any applicable permits from the Florida Dcparlment of Environmental Regulation, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.11 LANDSCAPE BUFFEILg, BERMS, F'F~N'CF~g AND WAI,LS Landsc. aF, c buffers, berms, fences and walls are generally permiued as a principal usc throughout Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following m~imum .side sk)i~s: 1. Grassc~l berms 3:1 2. Ground covered tx:tins 2:1 3. Ri~Rap bcrms 1:1 4. Structural wall~ bcrms - vertical Fence or wall maximum height: six feet (6'), as measurc(t from the finished gn, de of the ground at the bare of thc fence or ,,,,'all. For the purpose of this provision. finished grade shall be consider~ to be no greater than eighI~n inches (18') above the highest crown elevation of thc nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wail shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not cxccxx:l four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3: 1). Co Landscape buffers, bcrms, fences and walls may be constructcq along the perimeter of the Pelican ,%larsh Community PUD boundary prior to prelimin,-uy subdivision plat and site development plan submittal. All such areas mu~;t be included in a landscape easement on final plaks, or in a separate recorded instrument. Fences amd walls which are an integral part of security and access control structures such ,Ts gate houses and control gates shall not be subjtxzt lo thc height limitations .Scl 2-4 forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within fight-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in I~dscape buffers subject to review and approval by the PMDRC. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout Pelican Marsh Community. Fill material generated from properties owned or leased by the developer may be transported and stockpiled within arc,',',',',',',',','as which have been disturbed/farmed. Prior to stockpiling in the.ce locations, a Letter of Notification along with plans showing the Iocafioas and cross-sections shall be submitted to Collier County Engineering Review Services for review and approved. The fn!lowing standards shall apply: A. Stockpile maximum side slope 3:1 Stockpile maximum height: thirty-five feet (35') Fill storage arc.,'q.s shall be ~reened with a .security fence at lea.st six feet (6') in height above ground level. The following FLUCCS Code lands as shown on Map [: of the Pelican Marsh Community Application for Development Approval may lye used for fill storag< 200, 212, 214,422,424. 740. Eo Fill storage in excess of five feet (5') in height shall be loc:ded no closer than three hundred feet (300') from any developed residential properties. Soil erosion control shall be provided in accordance with Collier Courtly Land Development Code Division 3.7. Go [:ill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such u.se. 2.13 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as .~t forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. Pelican Marsh Community is planned as a private, large-scale, functionally interrelated community under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific design guidelines and standards by Collier County and Developer, thou guidelines shall be consider~ as supplemented standards or requirements of this Planned Unit Development Ordinance. Developer will also establish supplemental design guidelines and sumdards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions and restrictions shall provide that prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant.must first submit the application to PMDRC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating Developer's review and approval. 2.14 REQUIREI) ENVIRONMENTAl. PER,MITS Where the development of land within this Plan led Unit Development requires a permit from a local, state, or Federal Agency with jt risdicfion over the property (regulating agency) proposed for development, then the Deve :~per shall obtain such permits as may be required prior to the commencement of construct!on or ahemtion of the land specifically requiting such permit. Where such regulating agei,cy issues a permit, Collier County shall ~e~t l. mpose, confl?tio.ns, e,xact,on.s or modificauonsl that are in cor,(lict with or exceed the ~mrements or me ~ssueo perm~I, provided that C¢lllier County may impose conditions that .ex.c~t....and are not. ,n c.onflict w,th the issued Jpcrmit if Collier County's reaulatorv JUriSdiCtion as provided in the Collier Count)' 'Growth Management Plan an~ Lanai Development Code exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements sh.fll control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow conskrucfion of portions ora particular use that do not impact lands which require an environmental permit, provided that such cnvironmcnt,~d permits have been applied for and are under process by the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. 2.15 PRELIb, IINARY SUBDIVISION PLAT PIIASING 2.16 Due to the size and anticipated build-out period of Pelican Mm'sh Community, submission, review, and approval of Preliminary Subdivision Plats for the proj~t may be accomplished in phases to correspond with thc planned development of the property. GE~NERAL PER~IITI'ED USF~S Cer'm/n uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in Reserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: -'"~sential set-vices ,':LS Set for'th under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Gtmrdhouses, gatehouses, and access control structuros. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, benns, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage subject to the st,'mdards .set forth in Section 2.12 of this PUD. 2 12B 2 Bo 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. Setback from property lines - one half (~h) the height of the structure. Minimum distance between structures which are part of an architectura/ly unified grouping - five feet (5'). 4o Minimum distance between unrelated structures - ten feet (I0'). Maximum height of structures - twenty-five feet (25'). Minimum floor area - None required. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accorclance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1213.7 acres included in the Golf Course/Recreation and Open Space District, Reserve District"~ lake, and miscellaneous open space/buffer designations. The~ area.s, in conjunction with open .~ace areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. S/l&"/9-ST'O~9 V~r tI~-~PELIL¥ so~-~n-e~.c..;2~l 2-8 l 2B 2 2.18 NATIVE VEGETATION RETENTION REQUIREgIENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable naturally functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 871.9 acres, therefore 218.0 acres are required to be retaine4. This requirement is fully satisfied within the Reserve District and no further preservation is required. 2.19 SIGNAGE All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. Boundary marker monuments containing project idemifieation signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. Fo C. A maximum of ten (lO) boundary marker monumenLs shall be permitted. D. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the comer edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. -Each side of a boundary marker monument may contain up to four (4) individual project, business or direction identifications (message area.s), as long as the total sign face area does not exceed 64 square feet of area. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. Entrance signs may be located at each entrance to the project and may be one, two or three- sided. Such signs may contain up to four (4) individual project, business or direction identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the deveJopment and the sign message area shall not exceed 10 sqtmre feet. The size oF words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identification on an entrance sign shall be similar ~,'J6,,9~ ~ V~r OI'-MPEZJI. y 2-9 to and consistent with the other identifications placed on the same sign. A maximum of two l-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance. G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet. H. Bound,q. ry marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded. 3.1 3.2 3.3 3.4 SECTION III RILSIDENTIAL LAND USE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for arms ',vithin Pelican Marsh Community designated on the Master Plan as "R." MAXIMUM DWELLING UNITS A maximum numtx~r of 4900 residential dwelling units mav be constructed on lands designated "R." ' G F2qERA I. D KSCRIPTION AM designated a.s "R" on the Master Plan are designed to accommodate a full range of residential dwelling t)1:~cs, compatible non-residential uses, a full range of recreational and educational facilities, essential .services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. PERMITTED USES AND STRUCTURF~q No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than thc following: A. Pti ncip,'tl Uses: Single Family l~tached Dwellings. Single Family Patio and Zero Lot Line Dwellings. Two-family and Duplex Dwellings. Single Family Atkachtxt and Townhouse Dwellings. Muhi-Family Dy, oilings including Garden Apartments. 3-1 2 2 Churchcs and other places of worship, subject to Collier County staff administrative approval during Site Development l'hm review to address site location, size, ingress and egress, and buffering requirements, and subject m the Multi-family Development Standards set forth in Table }'. 7. Schools (public or private). As.sister Living Facilities, Group Care Facilities (Category i ,and II), (.'arc Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airporl Road. 9. Rental Rc,sidcntial Units Up to 50 residential units which shall not be subject to the definition of 'dwelling, multiple-farnily,' contained in Division 6.3 of the [_,'md Development Crv. lc may be constructed east of Airport Road within thc Activity Center ,and the residential parcel north of and adjacent to thc designated Activity Center. These residcnti~ units may be rented by thc day, week, month or other rental periods determin~ by their re~sjxx:tive owner/manager, which shall be either the hotel Iocattxl within the activity center or the entity owning the golf re.sort usc. l'~ch residential unit shall constitute and bc counted as one of the 4,900 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residcntial development standards in Section 3.5 of this PUD Document. I0. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in thc 'R" District. B. Access)fy U,~s and Structures: Acccsg>ry uses and structures customarily ~ssociatcd with princiF~fi urns permitted in this district. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Dircx:tor determines to be compatible in thc "R" District. 3.5 DE VEI..O PM I-SNT STANI)A l{I).q Table I sc. ts l'onh thc development standards for land uses within the 'R' Residential District. 3.2 Site development stand~u'ds for calcgorics I - 4 uses apply to individual residential Itt boundaries. Categ{,~, 5 standards apply to platted parcel boundaries. ? Standards for parking, kmdscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and stanchtrds, are to be in accordance with Collier County 12nd Development Code in efftx:t at the time of Site Development Plan Approval. Unless othe~'ise indicated, required yards, heights, and fl~r area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of thc L;md Development Code in accordance with those sm-dm'ds of thc zoning district which is most similar to the pro[x)sed use. In the c~sc of residential structures with a common archit{.x:tural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. Residential lands abutting those arc'a.s of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zeroed RSF-2, and Quail Woods 'Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water rmanagement facilities ,'md lakes, and customary single family accessory uses. Residential lands abutting those ar~as of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail w(~xJs Estates zoned RMF-6 shall be limited to single, two- family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site sin.:;le family uses, there shall be a minimum separation of one hundred feet (1130') between the two uses. In addition, a platted ROW or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an allemative type 'c' buffer a.s described in the LDC, must be provided within the one hundred feet (10()'). Off street parking required l'or multi-family uses shall be accesscxl by parking aisles or driveways which are separate from any roads which serves a development ex, lng 96 units. A cul-de-sac road within the development may have abutting surface parking wberc thc parking serves 24 units or less. A green space arm of not less than ten feet (I0') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs set'ring 2.1 units or less. .'1-3 12B 2 Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family slructure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are pcrmitled providing that: l) The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appemm~ce in elevation from thc street of being one single family residence; 2) The cabana structures must be accessible only from the enclo.~ad courtyard and must not be accessible directly from the street; and 3) The cabana structure may not contain primary cooking facilities. 12B 2 TABLE i PELICAN MARSH COMMUNITY DEVELOPMENT SWANDARD$ FOR "R" RESIDENTIAL AREAS SINGLE PATIO 8. TWO SINGLE FAMILY MULTI ASSISTED PERMITTED USES AND FAMILY ZERO LOT FAMILY A'I-FACttED AND FAMILY LIVING STANDARDS DETACHED LINE & TOWN'HOUSE DWELLINGS FACILITIES ,,, DUPLEX Category I 2 3 4 5 _8 Minimum Lot Area 7,500 SF 5,O00 SF 3,500 SF'4 3,000 SF I AC 1 AC -- Minimum Lot Width *5 75 50 35 30 150 150 Front Yard 25 20 '3 20 '3 20 '3 25 25 Front Yard for 15 10 10 10 i 5 15 Side Ento, Garage Side Yard 7.5 °6 0 or 7.5 0 or .5 BI! .5 BH 20 OR .5 Bll Re. at Yard Principal 20 10 20 20 BH Bit Rear Yard Accessory l 0 5 I 0 10 15 15 Rear Yard Special *I 10 5 I0 lO .5 BtI .5 BH Maximum Building Height 35 35 35 35 50 50 Distam:e B~tween 15 lO 0 or 15 .5 SBI! .5 SBH .5 SBH Prlz~ipal Structures Floor Area Min. (S.F.) 1800 SF 1 (.,OO SF 1600 SF 12OO SF IOOO SF'8 N/A'7 SBH: (Sum ofBoilding Height~): Combined height of two ,diadem buildings for the purpose of determining Ktback tequire~n~. '1 - ~ ,~,I f~ ~DRC. ~.r ye~s for p~ip.[ s~ctu~, off l~ ~-hkh .but golf o~r~. Lake. ~en ~.cc, or rc~e .teas. S~beck from l&kc f~ pfi~al a~ ~cet~ u~s ~y ~ 0' pn~viding a~hileclural bank treat~ is i~n~o~ted into design s~ ~bjccl Io written ~ppmval from ~anning ~pan~m. A. If~ panel is ~med by ~ publ~ righl~f-w~), ~ack ~ ~su~d fr,~m ~e adj*cenl Nght-of-way B. If~ p.rccl i~ ~ed b7 ~ pfivale And, ~ck is me~ur.:d f~m ~e b~k ofcu~ fifcu~ed) or edge of pnvc~nl ~fm~t '2 - ~ildi~ beigh~ ~ll be ~c veA~l di~me ~red f~m ~e fir~ h~bi~ble fini~ed timer elev~llon tn ~e uppe~st fi~ed ceiling elev~tlon of -Slngle family dwclllngA ~.hi:h provide fca 2 pnrking ~p*:c, within an cncloKd ~.r~gc ami provide for guc.l p.~rking other th.n in private drivcwsy~ m~y ~cducc ~ fron~ yar~ requirement ~n 5' for thc gAr*ge And 15' for t~c remaslnlng slrucmres. E~ch half of a duplex unit requites s I~ ,r~a ~llocation of 3.5(~) S.F. for s I~.*l minimum b~ ,rea of 7.00~ S.F. Minimum to~ ~'idff~ rr~y bc reduced hy 20'~ for cul-dc-.~c h~,~ pr,~vided minimum Iol ~,rza rcq.ir=rnent is sliZl rm~irltnincd. 2 '6 - Zero fccc (0') o~ · mlr~mum of five l'ccc (S') off timer ·;dc except ~t where Mc z~ro l'ccl (0'))',rd opLion is mili~,,cd. Mc a~po·i~ ,i~Jc of Mc Nrucmrc h~vc I ~zn I'oo¢ (10'))'·rd. Zero feet (0') y·rds rn~y bc u~ccl on b~ ~id¢* o1'~ ~¢ruccur~ provided ~! Mc opposiic ICh ~'cx~ (10') ylrd i· provided. P,~io~. pool, n~d ~crccn cnclo~rc, rn~y cncro, ch inlo Mc 10' )'·rd and n~y ,linch m ~e adjo~nin~ d~,ellln~ provided ,n e,~cmcm is granlcd from Mc .dj~inJn~ dwcllifl~ unit *7 - For density comp,r~mn, c·ch r~sidcmial unit ~ll equ~! 4.0 ALI: un~J. e~ . Stru¢~l~l can of Airport Rowel h~vc. minimum ~oot *t~, ~f 750 S.F. 4.1 4.2 4.3 SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open Space/Buffer. GENERAL DESCRIPTION Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary u~s and essential services. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, he,-dth spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance area.s, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. Open space uses and structures such as, but not limited to, Ix)ardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness tva/Is and shelters. 2 12B 2 Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. B. Permitted Accessory Uses and Structures Accessory uses and structure~ customarily associated with the principal uses permitted in this district. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related ~fles. ,4. Restaurants, ctx:ktzdl lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. Any other acccs.s~Jry use which is comparable m nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miseellaneous Open Space/Buffer District. 4.4 DEVEI.,OPM~NT STANDARDS ao Principal structures shall be selback a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuLs the Collier County Wa.stewater Treatment Plant er a public right of way, in which case the setback shall be one half (Vz) the height of the structure. Accessory structures shall setback a minimum of ten feet (I0') from "GCO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuLs the Collier County Wa.stewater Treatment Plant or a pulsiic right of way, in which case the setback shall be one half (%) the height of the structure. l.ighting facilities shall N: arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. 12B 2 Do Fo H. I. J. Maximum height of structures - Fifty feet (50'). Minimum dist,xnce between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (I0'). Minimum distance between all other principal structures - Twenty f'eet (20'). Minimum distance between all other accessory structures - Ten feet (I0'). Minimum floor area - None required. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square t'eet of gross floor area, which shall be considered inclusive of required golf course parking Standards for parking, landseaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the t/me of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 2 SECTION V RESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan, as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Marsh Community residents. 5.3 PERMITTED USF~S AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Passive recreational areas, boardwalks, including recreational shelters and restroorns. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable l)ermits. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Rtxad, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. Utility lines in xeric uplands. 5-1 2 Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 5.4 DEVELOI~IENT STANDARDS Ao All structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not stx~ified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 RESERVE DISTRICT CONSERVATION EASF_~IENT A non--exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accor~ce with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be reslxmsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization a.s amended on April 19, 1994. ......· 5-2 12B 2 6.1 6.2 6.3 6.4 SECTION Vl COMMUNITY FACILITY DISTRICT PURPOSE The purpose of this .section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as. CF." MAXhMUM SQUARE FOOTAGE A maximum of 50,000 square Feet (gross floor area) of Community Facility Uses may be constructed on lands designated" CF." GENERAL DESCRIPTION Areas designated as" CF" on the Master Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the" CF" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water ma. nagement facilities, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure or pan thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3. Child daycare facilities 4. Civic, social and fraternal associations Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the" CF" District. B. Accessory Uses and Structure.s: Accessory uses and structures customarily associated with the principal u~s permitted in this district. 2. Recreational facilities. 3. Classroom facilities. 6.5 Any other accessory use which is comD-trable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the ' CF" District. DEVEI.,OPM~NT STANDARDS Principal structures shall be setback a minimum of twenty feet (20') from "CF" district boundaries and private roads, and fifty feet (.50') from all PUD boundaries, public roads and residential tracts. Accessory structures shall be setback a minimum of twenty feet (20') from district boundaries and private roads, and twenty feet (20') from PUl) boundaries, public roads and residential tnicts. Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural b;mk treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. Go Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Eighty feet (80'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance t×'twccn alt other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (' 10'). Minimum floor area - None required. 6-2 2 Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to princil:~l structures. 12/ 2 7.1 7.2 7.3 7.4 SECTION VU ACTIVITY CENTER DISTRICT PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Pelican h, hrsh Community designated on the Master Plan as "AC." MAXIMUM SQUARE FOO'rAGFJROOMS A maximum of 402,500 square feet gross floor area (350,000 square feet leasable floor area) of retail uses; 175,0CX) square feet gross floor area of office uses, including up to 25,000 square feet of medical offices; 450 hotel rooms and 80,000 square feet (750 seat) of cultural facilities may be constructed on lands designated "AC." GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, exsential services, and customary accessory uses. The approximate acreage of the "AC" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Account/ng, Auditing and Bookkeeping Services (Group 872 I). Amusements anti Recreation Services - Indoor (Groups 7911-7941 7991 7993, 7997). , , Apparel and Acce.%ory Stores (Groups 5611-5699). Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). A utomoti ve Repai r, Services, and Carwashes (G rou ps 7514, 7515, 7542). Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7-1 12B 2 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armor~ car and dog rental, 7389 except auctionecring, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial Printing (Group 2752, excluding newspapers). 9. Depository Institutions (Groups 6011-6099). 10. ----Earing and Drinking Establishments (Groups 5812, 5813). 11. 'Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 12. Food Stores (Groups 5411-5499). 13. General Merch~dise Stores (Groups 5311-5399). 14. Glass and Gla.zing Work (Group 1793). 15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Group~ 7992, 7997, 7999 ) 16. Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 17. Health Services (Groups 8011-8049, 8082, 8093, 8099). 18. Holding and Other Investment Offices (Groups 6712-6799). 19. Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041). 20. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). 22. Legal Services (Group 811 I). 23. Libraries (Group 8231). 24. Membership Organizations (Groups 8611-8699). 25. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery mpa/r, fire equipment repair, furnace and chimney clc,'aning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, t/nsmithing, tractor repair). 26. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 27. Motion Picture Theaters (Group 7832). 28. Multi-Family Dwellings including Garden Apartments. 29. Non-Depository Credit Institutions (Groups 6111-6163). 30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 31. Real Estate (Groups 6512, 6531, 6541). 32. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spa_s, Equestr/an Clubs and other Recreational Clubs (Groups 7991, 7.cn)9) 33. Public Administr~d£ion (Major Groups 91, 92, 93, 94, 95, 96, 97) 34. Recreation Se~'ic'es (Groups 7911, 7922, 7929, 7933, 7941 7991 7993, 7997, 7999) 7-2 35. 36. 37. 38. 39. 40. 41. 42. Security and Commodity Brokers, Dmler, Exchanges and Services (Groups 6211-6289). ~ Social Services (Groups 8322-8399). United States Postal Service (Group 4311 except major distribution center). Veterinary Sen, ices (Groups 0742, 0752 excludiag outside kenneling). Video Tape Rental (Group 7841). Vocational Schools (Groups 8243-8299). Uses permitted under Section 3.4 of this PUD, subject to tile Development Standards of Section 3.5. Any other principal use which i'.; comparable in nature with the foregoing uses (including general and professional offices not s~'cifically listed above) and which the Development Services Director delermines to be compatible in the "AC" distr/ct. Permitted Accessory U.ses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. Customary accessory uses for hotel and motel principal urns including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center ,and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf resort use. Each residential unit shall constitute and bc counted as one of the 4,900 authorized residential units within the Pelic,'m Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "AC" district. 7-3 12S 2 7.5 DEVELOPMF2~'T STANDARDS A. Minimum Yard Requirements: Bo Go Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be. zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. Exterior lighting shall be arranged in a manner which will protect roadways and resident/al properties from direct glare or unreasonable interference. Maximum height of structures - One hundred feet (100'). Minimum distance betw~n ~1 other principal structures - 'Fwenty feet (20'). Minimum distance between all other accessory structures (exch,d ng drive-through facilities) - Ten feet (10'). Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. /vlinimum lot or parcel area - Ten thousand (10,000) square fo'ct. Minimum lot width - Seventy five feet (75'). Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. Ko The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. ....~" 7-5 8.1 8.2 8.3 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS PURI:OSE The purpose of this Section is to set for'th the development commitments of Developer within Pelican Marsh Community. GENERAL Ail facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in ',his document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and spex:ificafions of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other Sl:~ific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. MASTER PLAN The Master Plan, WMB&P, Inc. File No. RZ-219-H, is an iljustrative preliminary development plan. The design elements and layout iljustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD document. 12B 2 Do The minor change or refinement shall meet the criterion of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination and Public Hearing pursuant thereto. o The minor change or refinement shall not constitute a substantial change pursuzmt to Article 2, Division 2.7, Subsection 2.7.3.5. I. of the Collier County I~md Development Code. The minor change or refinement shall be compatible with adjacent land uses and shall not cream detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A: Reconfiguration of Reserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, ,and where there is no further encrc~chment into Reserve areas. 3. Reconfiguration of golf course envelopes and design features. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfigurafion of residential parcels when there is no encroachment into Reserve areas. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Sep,'ices Director's consideration For approval. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining al~ mher necessary County permits and approvals. N~ I ~4-~ 1-00~- I~gJC- 22 '91 8-2 12B 2. 8.4 8.5 8.6 8.7 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Cotlier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners associations or tenants associations. This agreement provides for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. .MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. SUNSETYING This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date alta. Il govem. TRANSPORTATION Co The developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. The developer shall provide arterial level street lighting at all community access points to State or County public rights--of-way at the time of construction of each accel. The developer shall provide a fair share contribution toward the capital cost of traffic sigrals at any community access points to a public right-of-way when deemed warrant~ by the County. These signals will be owned, operated and maintained by Collier County. Collicr County and Developer entered into an Agreement dated January 12, 1993, (herein "Agreement") to address the alignment and environmental permitting for 8-3 12B 2 Fo Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community property; and to address environmental permitting for the expansion of Goodlette- Frank Road from lmmokalee Road to VBR. As is set forth in the Agreement, Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, Developer is eligible for Road Impact Fee credits for half of their expenditures per the Agreement in obtaining environmental permits. Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by Developer, upon request by Collier County, so long as that tight--of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to Developer. Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16).Florida Statutes,, 1992, as is further set forth in Section 8.12 hereof. The value of said tight-of-way dedication shall be equal to Developer's cost of acquisition of the property. There are acknowledged benefits to both the County and Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and as [efcrenccd .in .the. Agreement and hereinafter as the "Preferred Alignment". owcver, mere is me potential that the cost of environmental permitting, mitigation, design, and construction of the road segment in its Preferred Alignment could be more expensive than ,an alternative alignment within the area of consideration referenced in Attachment I to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to Developer, Developer agrees to pay the "Differential Cost" for the segment of VBR within Pelican Marsh Community PUD boundaries. "Differential Cost" means the reasonably a.scertainable additional cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community PUD boun~tries as compared to the total of the ~me cost elements for permittable alternative alignments within the area of consideration referenced in Attachment I to the Agreement. Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "Differential Cost" described herein. The cost for design, permitting and construction of the Goodlette-Frank Road overpass structure, approved by the Board of County Commissioners to accommcxtate up to six (6) l~es, is not the County's responsibility, but that of the development entity. Ko Payment of Road Impact Fees shall be in accordance with the applicable ordinance a.s amended v,,ith the stipulation thai. payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. These transportation stipulations set forth in Section 8.7 of the PUD arc not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said Agreement rem,fins in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Va~'~dcrbilt Beach Road right- of-way and north of Hickory Road fight-of-way. This buffer shall include a minimum six foot berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use. Internal access betw~.~cn the Pelican Marsh Community Activity Center ,'md the Pelican Marsh Community shall be designed in a manner that provides lot vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalce Road/U.S. 41 inter.~tion shall not be required. No final local development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S. 41. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-rata funding mechanism established by Collier County to implement an area- wide pedestrian and bicycle path system. Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-ram contribution based on contributions made for the improvements to U.S. 4.1, Vanderbilt Beach Road, and Goodlette-Frank Road. 1.28 2 Po 8.8 A. The amended Pelican Marsh Community PUD Master Plan, Map "H-2" attached as Exhibit A to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall bc responsible for all costs of conveyance. Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the dedicated property shall be determined purstmnt to Subsection 2.7.2.8.1. of the I.DC. WATER MANAGF~MENT Co E. An Excavation Permit will be required for proposed lake(s) anti Pine Ridge (Sinai relocation in accordance with DMsion 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District rules. A copy of a South Florida Water Management District Permit or -Early Work Permit is required prior to construction plan approval. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. The fixed crest weir with emergency undertow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Pla~ construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. 8-6 Fo As long as Collier County ~ operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and accrues walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchee Strand Restoration Plan is certified complete to South Florida Water Management District. Go Water management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokaiee Road avail gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. ]'he rote of post-development stormwater discharge into the Pine Ridge Canal, Airport Road Canal and lmmokalce Road Canal will be determined by SFWMD during the surface water management permitting process. 8.9 UTILITIES ho Temporary construction and/or sales traJlers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may usc potable or irrigation wells. Bo Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable and irrigation wells. The project will be served by central potable water distribution, fire protection and sewage collection facilities. Irrigation water will bc provided with a separate distribution system supplied by onsite wells, reclaimed water or other non-potable water source. 1.28 2 Jo Water distribution, sewage collation and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution ,f93-187), as amended, and other applicable County rules and regulations. PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family only. Use of the services will be approved on final inspection and accepmce by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundar/es consistent with the main sizing requirements specified in the project's Utility Master l'lan and extended throughout the project. During design of these facilities dead end mains shall be minimizxyj by looping the internal pipeline network where feasible. The project's Developer(s) his assigns or successors may negotiate an Agreement with the District for the use of treated sewage effluent within the project limiLs, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wa.stewater to be utilizxyJ. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (l) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a stJfficicnt quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. '['his requirement will be w,~ved provided a written statement is obm. ined from Collier County Utilities g-8 1.2B 2 Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. Thc existing off-site sewage transmission facilities of thc District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that thc District has adequate facilities and capacities to serve that pha~e of the project at the time utility service is required. Within the Pelican Marsh Community land.~::aping (including palm trees, shrubs and groundcovers), sidewalk.qpaths will be allowed within utility casements including placement within three feet (Y) ora utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (7') being measured from the trunk or the tree to the centerline of the utility line). Reconstruction of sidewalk/pathways or modification/re-installation of plant materials due to neces.~ry maintenance of utility line will be the responsibility of the Developer its successors or assigns. Collier County Utilities Division shall allow the instailation of potable water and irrigation water sc'mice connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by the developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and Ix'fformed by the developers' contractor. The contractor must be approved for the insudlation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbur.~ment of connection fees will be rebated to the developer annually based on meter installations. Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling of the work and will be pre~nted to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to be expenses that are eligible for impact fees credits, the developer will provide the County with engineered drawings and specifications suitable for bidding by the County. Developer will pay the County the value of light shield installation and receive impact fcc credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordin,"u~ce, for the actual cost of the work pursuant to the terms of the impact fee ordinance. 1.2B 2 8.10 ENVIRONMI~NTAL Ao D. In order to avoid repetitive review of environmental issues in subsequent stages of thc County development approval process, thc requirement for obtaining approval of an F. nvironmentaJ Impact Statement (EIS) purstamt to Division 3.8, Section 3.8.3 of thc Collier County l.,'md Development Ctxle shall bt: deemed .satistied for all future activities which take pla~ within the Pelican M,'u'sh Community PUD [mundafies that require County permits for or County approval of development or site alteration. This provision is based upon (1) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community Environmen~ Supplement submitted in conjunction with this Application For Public Heating for PUD Rezone; and (2) the Pelican Marsh Community PUD ElS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance//93-27. This provision shall apply :~, thc Developer, its successors, or assigns. Pursu,'mt to Collier County Land Development Code Article 3, Division 3.8, Section 3.8.8, the l'clic:m Marsh PUD ElS cited in provision 8.10.A aN)ye shall constitute Collier County's review and approval of all environmenufl resource.s and environmental quality is.sues contained in the Pelican Marsh Community Application for Development of Regional Impact in so far aa said issues specifically pertain to l~ds con~.fincd within the Pclic:m Marsh PUD boundaries, ax defined via County Ordinance//93-27. Provisions 8.10 A anti B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code Section 3.8.5.4.1.5.d. and c. Thc Collier County 's'r' overlay has been climinaled and replaced by this Planned Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into this PUD by reference. The Cocohatchee Strand Restoration Plan ON'MB&P, Inc. File No. ENV-88) depicts the improvements contemplated under the Cocohatchee Strand Restoration Program and itemizes in tabular form the Cocohatchec Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchce Strand Reston~tion Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revi~ the Cocohatchee Strand Restoration Program and Mitigation Bank ........ 8-10 12B 2 as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier County Development Services staff. Fo In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the 'GCO" District and to the Xeric Scrub Conservation Area. Compensation for lost habitat whose extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. Go Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to South Florida Water Management District. The developer shall coordinate with and copy Collier County on all approved permits. 8.11 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUIkSTITUTIONS Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions to the improvement standards are approved for Final Subdivision Plat requirements: A. Sidewalks&ike paths shall conform with Subsection 3.2.8.3.17 except as follows: Pelican biarsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. o All cul-de-sacs serving more than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4o All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: ao The r/ght-of-way section shall include two twelve foot (12') wide travel lanes, and the gross density of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: Cu143e-gac and local streets less than one thousand feet (I,0(X)') in lengti~ are required to have a minimum forty feet (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. o All other cul-de-sacs are required to have a minimum fifty feet (50') right- of-way width and two ten foot (I0') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. o All other local streets are required to have a minimum fifty fo'et (50') right- of-way and two twelve foot (12') wide travel lanes. Where sidewalk design substitutions are desired per Section 8.11.A.4 of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. Co Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length oronc thous:md feet (10(K)'). Tangents between reverse cu~'es shall not bc required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where thc requirement sl~all be seventy-five feet (75'). Eo Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASI-ITO criteria are met. Roadside slopes within private street rights-of-way may be allowcxl to a maximum of 3:1 in accordance with FDOT MUMS, page 1II-35. 8.12 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated xs shown on the Pelican Marsh Community Ma.stet Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and eli~ninafion of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal and associated control structures w/thin the bounda, ry of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. 8.13 DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at Developer's option, contain a condition limiting the use to ~aid public purpose. In 8-12 2 addition, said dedication, at Developer's opdon, may contain a reverter clause in We event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between the developer and thc grantee at the timc of the dedication, it being the intent of the grantee to have sufficient dine to commence the use of the dedication. 8.14 PELICAN MARSII COMMUNITY SCiIOOLSITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following sumdards and restrictions: A. Permitted Use The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of' Building and Building Height The minimum setback of any structure (including temporary, accessory and portable structures) from a property line or right-of-way line shall be twenty- five (25) feet on the northern and western property lines and fifty (50) feet on the eastern and southern property lines. No principal structure of any kind shall exce~ three (3) stories in height and accessory structures shall be limited to a maximum of twenty (20) feet in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. C. I.andscaping All areas not covered by structure.s, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate governmental agency. D. Signs Any sign installed in, on or placed within the School Site shall be no larger than ten (10) feet in length by five (5) feet in height. Lighting of any sign 8-13 12[ 2 may be fluorescent uplight from grade. No neon or colored lighting is allowed. All signs must also conform with thc Collier County Land Development Code. E. Exterior Lighting Ali exterior lighting for the school buildings shall be for thc expressed purpose of safety and security only and shall use fixtures, light source, installation and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. F. Outdoor Equipment All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or sight-screened, fenced-in areas so that they shall not be readily visible. ° For structures at the maximum building height, all vcnLs, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be sight-screened so that they shall not be readily visible from adjacent properties. ° All active sports areas including baseball, srrx~r, basketball, football, etc., shall be setback twenty-five (25) feet from the easterly and southerly propeny lines. 8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the clo~st boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: "This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County." The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that Developer shall comply with the requirements of mid ordinance or regulation, where applicable. 8-14 12B 2 STATE OF FLORIDA) COUNTY OF COLLIER/ I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDIN~4CE NO. 99-33 Which was adopted by the Board of County Commissioners on the llth day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of May, 1999. DWIGHT E. BROCK Clerk of Courts and:CI~,.r~ Ex-.officio to Board ~f /Cou n~C'¥ Commissioners, By: Lisa Steele, ." J~"':~ Deputy Clerk " d!qgJOUlJ~ pal~u~."l 'ao!l!untuu~o~) sa!l!unuJ~oo ~e~'elB (H dst~l pal~!^o~) ~H d~l~l ¥ l!q!qx~ t .T 9LO~t'/ XO~ Od 20tti 9J 'Selde~ ~,'-aN Al~eO SelCh~# ORDI~, ,\NCE NO. 99- AN ORDINANCE AMt:NDING ORDINANCE NUMI3ER 91-102. TIlE COLI.IER ('I)UNTY LAND DEVELOF'MENT CODE WttICH ESTABI.ISIIED IttE COMPREttENSIVE ZONING REGULAIION.% FOR TIlE [,,~INCORPOR,,\TED ..\RE.,',, OI: ('O[.LIER CO[ 'NTY. FLORIDA, Ii5' A.MENI)IN(} 'lite OFFICIAl. ZONING .\TI.AS MAP NUMBER $509S ItY ('II.\NGING llqE ZONIN{} CLASSIFICATION OF TIlE tlEREIN DESCRIBED PROPERTY LOCATED ON Tllt:~ [!\SI SIDE OF I.'.S. 41 NORTH. NORTH OF Till! IN'rERSECTION OF I.'.S. ~1 AND OLD U.S. 41. IN SECTION 9. TOWNStflP 48 .qOUTtt. RANGE 25 EAST. f¥)IA.IF.R COUN'IS'. FI.ORIDA. FROM "A" RURAl. ..\GI,tlCUI.IURE TO "C-4" GENERAL COMMERCIAL FOR USES PERMITTED IN rite C-4 ZONING DISTRICT: PROVIDING FOR STAFF ..\ND PLANNING COMMISSION STIPULATIONS: AND BY PROVIDING AN EFFECTIVE DATE. W}II:RE.Xg. D \V;tyr~c Amnld, ;\I('P ,~f Wilson, Miller. It:lmm & Peck. Inc. rcprc~cnhn~ MI Zuidc:m~. Imsl~'c fi*r l,md In~t xSt)t~}t~7, pclitioned ibc B<~;ml C'ommisqJoncrs lo change thc/-nmg cla~sificatmn ol'thc hcrcin described rcm pr,~pcrty. NOW. TIfEREFORE ftE rr ORDAINED gS' TIlE BOARD ()F COMMISSIONERS OF COI.I.IER COUNTY. FI.ORIDA: SECTION ONE: Thc/aning classification of the real property as more particularly described by "A". attached hereto and inco~nralcd by reference herein, and located in 5cclmn 9, 4fi fiouth, [{an~c 25 East, Collier ('ounty, Flor/da. is changed from "A" Rural Agriculture "C-4" General ('ammcrcial and the Official Zoning All~g Map Number 85h'lfi, as described Ordinance 91.It)2, thc Collier ('ounty l.and Development Code is hcrcbv amended accordingly, lhc herein described rcal properly ~s the ~ame fi~r which thc rc/~mc ~q hereby approved ~ubjcct t~, Iht cm~dilions as tlcscr~hcd b~ I~xhibit "B". SECTION T ~. O: This Ordinance shall become effcctive upon filing with lhe Department of State. PASSED AND 1')I;I.5' ADOPTED by thc Board of Count)' Commissioners of ('ollicr County. Florida. this ...... day of . 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ATTEST: DWIGHT E. BROCK. CLERK PAMELA S. MAC'KIE. CItAIRWOMAN APPROVED ,.kS TO FORM AND LEGAl. SUFFICIENCY MARJOR4E M, STUDENT ASSISTANT COUNTY ATTORNEY 0'R-99-02 REZONE ORDINANCE/ ]2B3 {/-ST. CO.~-;~ COb'. ', ;~Co";:. T~£NC.r. RU,, S. 88'05'34" SOOT' ~;';:, 0F '~':. . cm~"~;A~-,,~, . QUA~,TEP, C,C SAID r U.S, ,:':,~.4:.r ',0 4' ~"; ,.g 45), A 200.C3 ro0~ ~:~..~ ","%C[ Pb~ ', :~'.t' ,".. ",,. ~. C'.:; ~Ig EASTERL'~ RIGHT ~ D~S~',C~ '~.. ',". I,': ;r;: ir;. FHr_ [,_O,'r "',.il~,.~ OF , ,'. , ;';h ~tG'~G T~ A~C 0 P, GHr. h7.',;',~, · ",~'. ;', (;; 5629 5~ ~[ET. ]HROLJGH {~ 05'C,g'~;6', ~;":'';1~,.'. :'' ;- F~O~rJ., , . 0~ ~.,'0~ ~, SubJec~ to th~, follo~in~ r: .-~dition9~ t ch, nu~ ~ . Ir]ll~ll ILl, Il ilOirlqU~l PlJa~ Jt~ 94:].774-8406 , .I April 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition R-99-02 Dear Pam: Please advertise the above referenced notice one time on Sunday, April 25, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved tc this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAX~ MAY 11, ~.,. in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE 'JNINCORPORATED AREA OF COLLIEP CO[RITY, FI,ORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ~p NUMBER ~SO~S ~Y CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY LOCATED ON THE EAST SiDE OF U.S. 41 NORTH, NORTH OF THE INTERSECTION OF U.S. 41 AND OLD U.S. 41, IN SECTION 9, TOWNS}{[t~ 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "A' RURAL AGRICULTURE TO "C-4" GENERAL COMMERCIAL FOR USES PERMITTED IN THE C-4 ZONING DISTRICT; PROVIDING FOR STAFF ~D PLM.INING COMMISSION STIPULATIONS; ~¢D BY PROVIDING ~ EFFECTIVE DATE. Petition No. R-99-02, D. Wayne Arnold, AICP, of Wilson, Mille~, Barton & Peek, Inc., representing M. J. Zuidema, Trustee fo~ [,~nc] Trust #5000967, requesting a rezone from "A" Agricultural ~o "C-a" consisting of 7.9~ acres. Copies of the proposed Ordinance are cn file with the Clerk to the Board and are available for inspection. Al! interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Indiv~dua! speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf o[ an organization or group is encouraged, if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 m~nutes to speak on an item. ' - ~ Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, in any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon 'which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) April i, 1999 Mr. D. Wayne Arnold, AICP Wilson, Miller, Barton & Peek, 3200 Bailey Lane, Suite 200 Naples, FL 34105 Inc. Re: Notice of Public Hearing to Consider Petition R-99-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure April 1, 1999 M. J. Zuidema, Trustee Land Trust #500967 3844 Exchange Avenue Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition R-99-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. AN ORDINANCE AMENDING ORf)INAN('I( 91-102. TIlE COLI.IER COUNTY LANI) [)F. Vf!I.OI',M[..N'I' CODE \VtlICtl ESTAB[.ISHEI) ]''tie COMPRF. tII{NSI\'I{ ZONING R[{GULATIONS FOR ]'lib UNIN('()RI'OR..\I't([~ .,\REA OF CO1A.IER COUNTY. FI.ORII)A. TI tH OFFICIAl. ZONING A].'[.AS MAP NI,.!MBIiR 85t)')S ('ItANGING THE ZONING CI~ASSIFICATION OF Till{ tIEREIN DESCRIBED PROPERTY I.()CATt!I) {)N ]'lit: EAST SIDE OF U.S. 41 NORTII. NOR'I'll OF INTEP, SECTION OF U.S. -ii AND OI.D SF.("FION 9. TO\VNSIIIP 48 SO[;'I'II. P,,,XN(}]{ 25 t'2.,\SI'. ('{}[.I.IER ('OUN'I'Y. ["[.{)RI DA, [:R O,X] "A" P,[ ;I~,..\ t A('iRICUI.T[YI{E TO"('-4" (iI._'NF.R:\I. { ['SES PER.XIITTF. I) IN ']'tI[! ('-4 Z()NlN(i PP, OVIDING FOP, STAFF AND PI.ANNIN(i STIPULATIONS: AND B'~' PROVII)ING .,\X' DATF.. WItERF.,.\S. D. \¥'avnc Al-lmld..,\1('I' nf Wilson, ,Xlillcr. Barton & I'cck. Ira'. represent/n,, M Zuidcma. Trustee fi~r l.amt Trust :~<(~o'}(,7 pctitmncd iht Board ,~ft Commissioners to change thc zoning classification of thc herein described real properly: NOW, 'FIIEREFORE BE IT ORI)AINED lib' 'l'tlI! B()AI~I) {)1: COMMISSIONERS OF COI.LIER COUNTY, FI.ORIDA' SECTION ONE: Thc zoning classification of thc real properly its mm'c pil~lR'uhu'lv described Iw I',xhil~ "A". allachcd hereto and incorporated by rclUrcncc herein. ,mi loc;llcd in Section 9. 'l'mvnship 48 South. Rangc 25 East. Collicr Counly, Florida. is changed Ikom "A" Rural 2Xgricullurc h~ "C-4" Gcncral Commcrcial mid thc Official Zoning Atl,s Xlap Number 85~1{~S. as described i~ Ordinance 91-102. the Collier ('ountv l.and I)cvclopmcm ('odc is hereby amcmtcd accordingly. Thc !mrcin described real properly is thc same liar Much thc rezone is hcrcbv approved subject lo thc ~ondilions as described by Exhibit "B". S~ECTION TWO: This Ordinance shall become effective upon filing v,'ith the l)epartmcnt of PASSED AND DUI.~' ADOPTED by the Bc, ard of ('ountv ('ommissionm's of ('oilier co~,,,ty, r:~o,-i,~. ,,~is ../_Z~_. ,~,,y o~' '74 ._oW_.. ~ttest a~ to Chafrm~n'~ stgnatur~ only. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNI"~' ('OM X'IISSI(')NI!RS COLLIER ('OUNTY. [:LORII)A APPROVED AS TO FOR,Xl AND I. EG,,\I_ St;FFICIEN("~' MARJ~RIE M. STUDENT ASSISTANT COUNTY ATTORNE'~' 3 ~--25 LEGAL DESCRiP T~ON THAT PORTION OF THF SOUTH 't/2 OF THE "' ', " ~O~T~ : OF [HF SOUTH 1 OF SECTION 9, TO',,'",SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF U.S. HIGHWAY N0.41 (FLORDA STATE ROAD BEIFIO MORE PARTICULARLY DESCRIBED AS FOLLOWS; ~ AT THE SOUTHEAST CORNER OF SECTION $, T0;'~SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA- THENCE RUN S. 88'05'34" Vl., ALONG ~E SOUTH I ~ ' LNc OF }HE SOUTHEAST QUARTER OF SAID SECTIOq 9, FOR A DISTANCE OK 444.26 FEC~ TO A POINt O~l THE EASTERLY RIGHI. OF-Y/Ay LINE OF U.S. HIGHWAY NO.~I (S.R. NO. 45), A 200.00 FOOT OF-WAy: TH[ENCE RUN N. i6'11'03" W., ALONG SAiD EASTERLY RIGHT-CF. V, AY LINE, FOR A DISTANCE OF ]79.16 FEET TO THE BEGINNIHG OF A ~ANGENTIAL CIRCULAR CURVE, CONC4VE TO THE EAST; THENCE RUN NOR i~LRLY, ALONG SAID EASTERLY RIGHT-OF-WAy LINE AND ALONG THE ARC OF SALE} CURVE TO THE RIGHT, HAVING A RADIUS OF 5629.58 FEET, THROUGH A CENTRAL ANGLE OF 03'03'56", SUBTENDED BY ~ CHORD OF 301.~7 AT A BEAR[NG OF ',. 14'39'07" t~., ~OR A D~StANCE OF 301.2~ FEE~ TO ~ POINT ON THE NORTH LINE OF THE 5OUTH HALF OF ~HtE SOUTH HALF OF THE SOUT.,EA3, I~4 OF SAID SECT~OH g: THENC~ F4UN N. 8897'5]" ~'., ALONG THE F4ORTH LINE OF THE SOUTH 1/2 0F ~HE SOU]~ ~,/2 OF SOUl, EAST 1/4 OF SAID SECTION 9, FOR ~ DIS~ ..... Ct OF fl90.70 FEE 70 ~ POINT ON T~E EAST LINE OF THE SOU]HEAST ~4 Of' ~3AID SECTION 'rdFNCF RUN S. 0Y04'53" E., ALONG THE E~ST L~NE OF THL SOUT~EAS7 :/4 OF SAiD SECtiON 9, FOR A D~SrANCE OF 659.2] FEE[ TO ~NT 0F ~iNF, CONTAINING :'.88~ z.~ ,,~,~ ~. .... - ............ : ,-"~ 'ESS ...... ~ . ~O T~'E SOUTH L"IE OF ~-~= [JOUTHEAS' ,3,jA~TEO Gr- S[CT~O~ Q TOWNSH~ ~8 3OU.~:, F)A '~ - . ./1 1,< :,_,Jn~D/- /-S D~'~JS; S 88'05'34 ,',, CE~TiF:;"D TO ZJ.D£,Mz. CONSTFUCT;Ot-,i CO. ~tJC: I HEREBY CERTIFY THAT THiS SKETCrt OF PROPERTY ','~AS SUP,'/EYED UNDER FURTHER CERTIF"r' THAT THIS SURVEY EETz, "u- ' STANDARDS FOR LAND SURVEYING IN THE $';/,TE Or FLOR:DA PURSUAN: TO CHAPTER 61G17-6. F.A.C. HOLE. MONTES & ASSOCIATES. INC. CERT~FICATiON OF AUTHORIZATION L8#1772 TH .... ---~=-- ................ P.L,S. //374'1 ~" ~ OUAS j. aARRIS i': "7. S~AiC-',O~.:FL:O'RIbA .'_ ,.... -... ,: ., ,. 1. Exhibit I. B R-99-2 Should thc property be developed for a usc othcr than a maximum ofa 100.000 gross square foot shopping center, as delir~ed bv thc I_and Development ('ode. Iht developer shall be required to submit a revised 'I'raf55c Impact Statement Il'IS) to the Transportation Sen'ices Department for their review and approv:fi prlor lo final plal ~r silt plan approval, whichcver occ ers first. Prior to the issuance o f a certi ficatc o f occupancy, thc petitioner shall pa,, alt rcquirc'd Road Impact Fccs in accordarlcc with Ordinance 92-22. ' The developer shall be required to obtain a Roadway ('onncction Permit from thc Florida Department of Transportation (FDOT) prior to the ~onstruction of lbo prc~jcct's entrance. l'hc developer shall bc responsible lbr thc construclion of turn I;mcs al thc project entrance as may be required by thc FDOT. All required turn hmcs shall hc in place prior to thc issuance of any Certificates el'Occupancy lbr thc developments. 'l'hcsc improvements arc site related, and thcrclbrc, si(all not bc climhlc tbr credit toward any road impact l~cs required by as may be amended. The property owner shall maintain a I00 lbot building setback from thc current southern property line. of which the County reserves the right to acquire llp to 90 feel of thc setback area lbr tile future construction of tile East/\Vcst l.ivingston Road projccl. Thc County's cost of acquisition shall be based on thc fair market value el'Iht hind convcvcd to the County :is of thc date immcdialcly preceding thc cftk'ct~vc date of thc initial re/om: !~ction which required tile 90 loot future right-of-way rcscrvalion, plus the costs el'any Improvements within tile building setback area which must bc removed or relocated. Thc owner may accept the County's appraisal figure, or may elect. ~t his own cost and expense, to have an appraiscr he selects to appraise thc fair market value. If thc owner and the Cour~tv are unable to agree upon the fair market value and thc cosls 1o hc paid for thc removal and/or ~'elocation of improvements, tile p:,rtJes may agree up{m a th/rd appraiser, thc costs of which shall be shared equally, m determ~nc thc fair market x'aluc antl costs of removed or rclocated improvements, or thc Cou~ltv n~ay proceed to institute an action in eminent domain. No port/on of thc owner's propcriv or improvements thereon, including structures outside thc building setback area. ~hal! bc dccmcd lo bc norl-conforlllirlg as ;?suit of the Coullty's acquisition off thc ri,.¢l',t-c,f-xvay. In accordance w/th Section 3.9.5.5.4. of thc Collier Ctmnty Land Development Code. fifteen (15) percent of thc existing native vegetation by ~,rea shall be preserved on site or that area shall be re-created on site in all three (3) strata, with larucr plan mater/al as required by Section 3.9.5.5.4. - A Gopher tortoise survey shall bc submhtcd to thc Phmning Services Environntcntal review section for their review and approval itt the lime of thc first dcvclopi'l~e~ll order submittal. Thc maximum allo~.Vable building height shall be seventy-live {75) foci for efficc buildings and fifty (501 feet for all other buildings, unless fl, rther restricted by the [.and l)cvclopmcnt ('ode at thc time of Site Development Plan approval. 12B .3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-34 Which was adopted by the Board of County Commissioners on the llth da}- of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board Df County Commissioner~ By: Ellie Hoffman, "".~ Naples Daily News Naples, FL 3410~. Affidavit of Publication Naples D&ily News BOARD OF COUNTY CO~MISSiONERS ATTN: TOHYA PHILLIPS PO BOX 413016 NAPLES FL 34101~3016 REFERENCE: 001230 912501 57862689 DOA-99-01 NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared B. Lam~, who o~ oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~a, a daily newspaper published at tTaples, in Collier County, Florida: that the attached c~py of Advertising was published in sald ne~sl~per on dates listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor pro~tsed any person, firm or coporation any discount, rebate, commission or refund for the p~rpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04~16 AD SPACE: 10~3.000 iNCH FILED ON: 04/16/99 Signature of Affiant Sworn to and Subscribed e,ore me ,hi, day of DOA-99-O 1 NOT1C~ OF' PUi~LIC HEARING Notice Is h~eby glv~ ~, ~11 h~ Op~ he~lng ~ TUESDAY ~, ~d FI~, g~llE ~ ~un- ~ ~, 3~1 E~ T~I~ Troll, F~ T~ ~ ~ ~d will ~ ~ Yo~. ~ A~- ~end~p & Vornodoe, c~ ~ Oevel~me~ of R~ ~m~ ~1) ~e ~tzed o~m retal~ fl~ s~ce ~fel r~ms, ~ o ~ ~ ~lc~ ~ce ~ ~e west T~Jo~l ~r~Jl J~. 41), on ~e ~,t b', f~ure Livingston by Vonderbilt Beech NOTE: All persons ~t~ ~ ~ ~ any ~ ~em must regis. f~ ~ ~e C~ mlnlstrotor PRI~ ~' to ~e~ ~ ~ o~n. ~ ~em ~ ~ ~ess~. ~ IIm~ ~ 5 mln~es ~ .em. The ~ ~v~ to c~ ff rec~lzed by the Choirmon, o spokesDerson for grou~ ~ ~gonlzoflon ~~ ~em, Persons wishing to ~e ~en ~ ~hlc ~ ~ minimum of 3 week~ ~ ~ ~e re--lye ~ ~lng. In ~v c~, ~n ~er~Is I~ to ~ ~d- minimum ~ ~v~ ~s ~ ~ ~ ~Ic h~. In~ A~ ~ us~ In ~e~nt~s ~f~e me ~d will ~ffi a ~. ~ ~ of ~e re. Any ~n ~o ~- ~ ~ ~ a ~ of ~ ~ will n~d a re- c~d ~ ~ ~e ~ o I~s Is ~e, ~lch ~e- cord Includes the ~ ~1~ ~ ~ Is BOARD OF COUNTY CO~O~S COLLIER COUNTY, PAMELA S, MAC'KIE, ~A~WOMAN DWIGHT E. BROCK, ~11 16 ~. "1 RF/."~'EPT '.-'OR LEGAL ;,7,','E~?i21:};:] ,OF iU['LIC ~E;!.::;'ii' IXXXX/ Normal ' ~ ;.dvcr'.;::,z-~,¢r.t ! .... ~ er: ~Di~pla7 ~v., lo,at,on, etc. ~ Pe:~t. 2one:: {Neme ~ ~d,Zr,s~:: *:r. Ge,',,~.ue L. '¢~rna~z,t, t:;,~.:_Of '~c,u~,~__l,~k.!&~e~.t:[ ,.. <.~rh~,.L,,.* j ..¢,.z eof ;.a,.:e~ Oak Dr:',,e, ~giz~t._.~<~_'!~__ ~i~.34' . . __eec attached _~. ................... :::',,,,, i .:. :: .: , ,: :,:, ,.:.;~_ Hearing before: /----~u-- , ..... , 9r legally req...r,~; ~'-'-- ~ ~ ...................................................................................................... ~. 22.% Pro.seal Text: (include iegal ~escrtptzon ~ co.on i<,,:at;or, & s~ze,: ~.A-~I, (}¢~ I~ Vama&~ of Y~n~ van Vamad~, P.~, tepr~lini WCI C~.munlti~ I..P for an ~m~dm~t Io ll~e Pdican Ma~h [~v¢l~i of ReFi~al Impad (DRI) ~vel~,nmt am~, f~ the pu~ of i~easin~ lhe at,horized amount of relall fl~ space by ~2,~ ~uare f~l of ~fa, an in~ea;c of fifty (~0) hold r~s, n~icsl o~ce space of2~,0~ ~.are fee; of Rtl, for pro~ny ~d;¢ed ~ Ihe wc~ by 'Famiami Trail N~h {US 41 ), ~ Ihe ea~ by Ihe fulure l.ivi~ Road, ~il~ by VaM~b ~ ~a~ R~d in S~ions 25, 27, 34, 35 .~ 36, To~m4~ip 48 ~m:h, RanRe 2~ F~, Colli~ Co.mv, H~i&o~.~x~,mnR 9f 207~._8~ Companlor, petit:on(s~, 1~ ,sr,/, 4 prb; ..sed hearing ,J,~',.: . r ~' - .,J-.J- ~ :4 ' Reviewed by: ~// / / . ¢.,, ~ ., . :,~; . ,,,: ~./: Division Head ~; ...... ~ ._.~1.¢' ._ DCte_~2.%- ~",-/' ' -"--~¢n,.'.' '4:,r,~ ;,.: ................. ,.. =-.~;-;~=~ ,-,..; .., ,...,..,..; ...... ,..,-;... ;;-.; .......................................... approval t,?[~:e s,;trr.%'.::,:; 'c, '~:.~r~t'.,' V, tr,,:;-.: . ',:.iL: ......... l: .,r:;i : ,v,.':, ~, ..,,:,. OS'SI7:~i~L-~'2Si:-~l'v:'"!' -! r"'i'lP2'}. : .r :,,;,r,,., ..' : ~:'~':~":. ' , ";'' ,¢ ,r,. .',:' :~;~,~ to County Man,ger. Th,, }r~',aq,,r': ':fl; -, ~.'' :;:,'[ : .',. r ,, : _Additional Name & Ad_dress of any person(s) to be____notified by_Clerk's OA'fic__.q- Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Corn munity A flairs 2740 Centerview Drive Tallahassee. Florida ~ ~ .~.399 Mr. Daniel Trescott I)RI Coordinator SWFRPC P.O. Box 345.5 N. Ft. Myers, Florida 33918 DEYELOPMENT ORDER NO. 99 - RESOI.IYTION NO. 99 - A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 95-1. ,\S AMENDED, FOIl TIlE PELICAN ,MARSIt DEVELOP.MENT (.)F REGIONAl. IMPACT BY PROVIDING FOR: SECTION ONE, AMENDING I'ARA(;RAI'il FOUR OF THE FINDINGS OF FACT SECTION TO CIIANGE 'FIIE SQl;ARE FOOTAGE ATFRIBUTABLE TO CERTAIN OF THE REFEREN('EI) I.ANI) I'SEg SET FORTIt TIIEREIN AND AMENDING 'FILE MASTER I'LAN; .';ECTION TVct FINDINGS OF FACT; SECTION TItREE, CONCI.USI()NS OF I.AW; SE('Ti()N FOUR EFFECT OF PREVIOUSI~Y ISSUED I)EVEI.OP,MENT TRANS.MITTAL 'FO DEPARTMENT OF COMMI;NITY AFFAII~S ..\NI) EFFECTIVE DATE. WIIEREAS, \VCN Communities, Inc., {herein "WCN") filed on November 30. 1';{)3. x~ ~th thc County of Collier an Application lbr Development Approval (ADA) ora Development of Rcgmnai (DRI) knox;m as Pelican Marsh Community in accordance with Subsection 380.06(6). l:hmda Stair WtIEREAS, ~e Board of County Commissioners of Collier County. l:londa, approved I )cvch,p~ncnt Order 95-1 (the "Development Order") for thc Pelican Marsh Commumly DRI on January 24. 1~;95 WItEREAS. fl~e Board of Courtb. Commissionc~ of('ollicr ('ounty, Flortda. approved I )ex cI,q',mcnt Order 95-5 by Resolution No. 95-555, amending Development Order ~15-1. tm September 26. 1995. t~, ch;rage the legal dcscnptmn of thc Pelican Marsh Community; and WItEREAS, ~c Board of County Commissioners of Colher County. Florida, approved l)cvchqm~cnt Order 97-4 by Resolution No. 97-457, amending Development Order 95-I. on [)cccmbcr 9. 1997. h~ rc~ thc acreages of various land uses w/thin thc development and amend paragraph 4 prov~smns rcga:d~ng humcane evacuation/floodplain and humcanc shelters; and WHE~AS. WCI Communities, a limited pa~nership (hereinafter "WCI"), thc successor m mtc~csl to W~ desires to make ccmin revisions to the plan of development and Development Order fi~r thc I'chcan Marsh Community and to make certain changes Io the amounts of development approved herein: ami WIIEREAS, WCI, through its aulhor~zcd agent, has filed ~ts application and n~lScal~,~:~ proposed change to Development Order 95-I, as amended, which ~s ;tltacllcd hereto and ~ncorpor;~tcd reference, marked as Exhibit "A"; and WItEREAS, the Board of County Comnnssioners as the governing body of lbo uninct~q,t~r;tlcd atca of Collier Counb,' with jurisdiction pursuant to Section 380.06, Florida Statutes. is authorized empowered to consider proposed changes to thc Pelican Marsh Commu,uty DRI I)cvclupmcnt ~ ~rdc~ as amended: and \VHEREAS. the Collier County Board of County Commissioncrs has pa,,cd Ordinance No. 99- on , 1999, which amended the PUD zoning for thc !'c[ican Marsh ('ommunity appr°ved in Ordinance No. 97-79 on December 9. 1997: and WHEREAS, the issuance ora development order pursuant to Chapter 3×0.06(19), Florida Ntatutcs, does not constitute a waiver of any power or rights regarding the issuance of oil:ct development permits not consistent herewith by the County or State; and WItEREAS, on , 1999, the Board of County I ,)remiss ont rs, ill :4 public heating in accordance with Section 380.06, Florida Stalutes, having considered X~,( Ts applicalitm and Notice of Proposed Changes to the Pelic~ Marsh Community Development Order 95-1. :~s amended, amt thc record made at said hearing, and having considered thc record of the documentary and ~,ral cv~dcncc presented to the Collier County Planning Commission; thc report and rccommcndanons of ~l:c (;~)llicr t '{runty I'l;mning Commission; the report and recommendations of the Collier Coumy Staffand ..Xdv~sory Jh);trds: Ibc rcport and rccommcndations of thc Southwest Flor/da Regional Planning Crmnc~l. thc Board ~)t' ('ounty Commissioners of Collier County hereby approves the following Pelican Marsh ( 'ommunity I)cvclopmcnt Order amendments. SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER .'\. Paragraph 4 of the Findings of Fact Section of Development ~ )rdcr 95-1. as amcndcd (Resolution 95-71, as amended) is hereby amended to read as follows: 4. The applicant proposes the development of thc l'chcan Marsh (-'tmlrllunlty consisting of 2,072 acres. Pelican Marsh includes 80 acres of"activity center" usc which will ,:(miata thc following hind uses: up to Yzk54'g)O 395&Q_~ square feet of gross floor area (GFA) ofrctt, il conlrJlcrcnlJ LlSe; Lip tis square feet ofGFA ofoffice commercial use, with up to 504,t00,.25,0_,0.~ GFA of medical office usc: 400 450_ hotel rooms; and an 80,000 GFA Cuhural Center (Attraction Facility) w~th 750 seals and 4(10 parking spaces. The Pelican Marsh Community ,,viii contain a maximum of 5,100 residential dwchmg units; 63 holes ol'goll' and clubhouses; 330.4 acres of conservation area, (some of which is within an FI'&[. cascmcnt); 114.2 acres of open space; and a 20 acre school site. 2. Exhibit "A" (Map It-1, Master Plan) of Development Order !)5-1 for thc Pelican ,Marsh Community DRI, as amended by Development Order 95-5, is hereby amended by replacing ~;m.l Map II-1, Master Plan, v,'itl~ Exhibit "B" hereto, a new Map Il-2, blaster Plan, att::chcd and ~ncorpo~atcd hcrcm by reference, reflccnng the amended loca ions of appro,.'cd !and u<c, SECTION TWO: FINDINGS OF FACT / Z-C I A. Thc approved land uses within the Pelican .\larsh DRI are dcr~ictcd on Map 1I-2. Master Plan, which is marked Exhibit "B", attached hereto and incorporated by rcfcrc:~cc herein. B. The application is in accordance w/th Section 380.06(19), Fha: ~tla Statutes. C. The development ofl'clican Marsh Community on 2.(172 acres, ,; land shall mcludc Ibc land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved l)cvclolm:...nt ()rdcr is c~msislcnt with the report and review of thc SWFRPC. E. A comprehensive review of the impact generated by thc rcqm stcd amcndmcnt has bccn conducted by the County's departments and the SWFRPC. F. Thc development is not in an area designated an Area of Critlca; Stale (Toi'~ccrn l')urst~;mt lo thc provisions of Section 380.06, Florida Statutes. SECTION TIIREE: CONCLUSIONS OF L:',,W A. The requested amendment of this previously approved I)cvclopm,.~,t ( )rdcr ~s c~,ns~stcm with the report and recommendations of the SWFRPC and does not constitute a "sub~,:antial dcv~at,m" pursuant to Section 380.06(19), Florida Statutes. B. The proposed amendment to the previously approved l)cxclopmcnt ()rclcr will not unreasonably interfere with thc achievement of the objectives of lbo adopted State I.and Dcvch>l)mcnt Plan applicable to thc area. C. The proposed amendment to thc previously approved l)c:.C/Ol, mc;~~ Order is con'~4ent ;vith the Collier County Growth Management Plan and thc l.and Development Rcgt.!almns adOl~iCdpt, suant thereto. D. The proposed an'~cndment to thc previously approved I)evcJopmc:;r ( )rdcr is c-nslstcn~ with the State Comprehensive Plan. SECTION FOUl,',: EFFECT OF PREVIOUSLY ISSUED DEVEI.¢)I,.',,IENT ()RI)ER(S) TRANSMITTAL TO I)CA AND EFFECTIVE I)ATI-i I. Except as amended hereby, Development Order 95-5. as amended ~,hall remain m ~11 lhrcc and effect, binding in accordance with its terms on all parties thereto. Thts amcrn,lcd I)¢vclopmem ( )rdcr shall take precedence over all other applicable prcvmus and subsequent l)cvelopn~cnt Orders which arc m conflict thereof. B. Copies of this Development Order 99-~ shall be transmitted :mmcdlately upon execution to the Department of Community Affairs, Bureau of Land and \rater *'lana;cmcnt, and the Southwest Florida Regional Planning Council. C. ]'his Development Order shall take effect as provided by law. BE IT RESOLVED that this Resolution be recorded in thc :ninmcs o! thc Board. This FURTHER Resolution adopted after motion, second and majority vote. [),,ne this ....... cia>, of' · 1999. ATrEST: DWIG}FF E. BROCK, Clerk BOARD OF COUNT'r' COMMISSIONERS COLLIER COUNT'(. F1-ORIDA Attest as to Chair'.roman's signature only Approved as to (orm and legal sufficiency: PAMELA S. MAC :'KIE. Cht,,rwon~an Student t Assistant County Attorney PELICAN MARSH DEV. ORDER~'rnd FORM RPM-BSt'-I~ROI'CI IANGI';-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A I'ROPOSED CIIANGE TO A I'REVIOUSLY AI'I'I~,OVt:;i) DEVEI,OPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORII)A STATUTES ] ] 1 J ] Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, thc regional planning agency, and the state land planning agency according to this form. 1. ' I, George L. Varnadoe, thc undersigned authorized representative of WCI Communities Limited Partnership, a Delaware limited partnership, hereby give notice of a proposed change to a previously approved Development of Regional'impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh Community development which information is true and correct to the best ofmy knowledge. I have submitted today, under separate cover, copies ofthis completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. (Date") -- (Signatu Exhibit. "A" ] 1 CONSENT ANI) AI'I'OINTMEN'F OF A(;ENT This Consent and Appointment of Agent is made this '~[~ay of January, 1999, by WCI Communities Limited Pa. rtncrship, a I3clawarc limited partnership (hereinafter ret'erred to as the "Owner"). W I 'F N E S S E T I{ WltEREAS, thc Owner ha~s a mailing address of 24301 Walden (;enter l)rivc, lhmila Springs, Florida 34134; and WIIEREAS, the O;vner owns approximately 2075 acres of land Iocatcd in (;oilier Florida, more particularly described in Exhibit "A", attached l~crcto (hereinafter thc Property"), which land is located v,'ittxin thc Pelican Marsh Development ol'Rcgicmal Impact ("I)RI") whicll was approved in l)cvclop:ncnt Order 95-l issued by Collier County on J:mt~arv 24, 1 ()95; and WttEIU~;AS, tile Oxxq~cr intends to carry out development (m the Subject l'ropcrty described in Exhibit "A" which will require changes, amendments, or additions to lhc }'clicau Marsh Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of thc State of Florida and agencies of local goverrg!:ent; and WIIEREAS, tile Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by the O,amer, and to authorize said ag/xnt to act on its behalf wifl~ full authority, to obtain such approvals, including amendments to the PUD and the DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NOW THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTblENT OF AGENTS 1. George L. Vamadoe and the law firm of Young, van Asscndcrp & Varnadoc, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and appointed tile agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owner's plan ofdevelopment for the Subject Property described in Exhibit "A". 2. George L. Vamadoe and the law firm of Young, van Assenderp & Vamadoc, I'. A., are authorized to represent and to act as agents for the Owner,Mth their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriat'd and reasonably related to obtaining approval of proposed development on the Subject Properties, including amendments to the DRI Development Order, and PUD zoning or rezoning on the Subject Property. These agencies or entities may include, but shall not be limited to, the following: '1 a. Thc Collier County l~,oard ofCounly Commissioncr:~ and all departments, divisions and sub-units of Collier County. b. ltm Southwest Florida Regional Planning Council. c. The Florida I)epartments ofCommunity Aft~irs, F. nvironmcntal l'rolcction, and Transportation. d. Thc Florida Secrclary of'State and all other Cabinet level office:; and agencies. c. Tile Florida I.and and Water Adjudicatory. Commission. f. Thc South Florida Waler Management l)islrict. AS EVIDENCE OF CONSF. NT TO AND APPOINTMI;NT OF ]'I IE AGI:.NT named ab~vc, tile Owner, WCI Communities limited Partnership, a Delaware limited partncrshil,' has signed below. OWNER: WCI COMMUNITIES LIMITED PAI<TNERSHIP By: Title: Senior Vice President Dated: January 7, 1999 WI'FNESSES. Signature Printed Name Signat~.r~ Printed Name I':xh i b J L ..J ] ] ] J J Legal l)escription of I'elican Marsh Community PELICAN MAtL$It, being approximately 2072.88 acres, is legally described as £olh~w:;: BEGINNING at the southwest corner of Scction 27, To;vn.shil) ,lS South, Range 2.5 l'2~st, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of Il.,'-;. 41 North 00o38'20` West 2623.40 feet to the west 1/4 comer of said Section 27; thence continue along the ',,,'est linc of said Section 27 and sakl right-of-way Nortl~ 00°39'12.' West 827.69 feet; thence leaving said line North 89o20'45'' East 3844.57 feet to the westerly right-of-way line of,proposed Goodlette-Frank Road' as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05°34'48" East 3545.96 feet to the south line of said Section 27; 2) South 05033' I0' East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet du'ough a central angle of 12042' 18" and being subtended by a chord which bears South 00o47'59" West 619.60 feet; 4) South 07009'08.' West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book I0, page 8.6 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (g) described coupes; I) 2) 3) 4) 5) 6) 7) South 89050'58" West 88.21 feet; North 31o34'00· W~t 120.19 feet; North 05°37'10" West 956.47 feet; South 74°46'39. West 379.98 feet; South I2°04'43· East 23.53 feet; South 87009'43" West 272.40 feet; northwesterl7 1854.46 feet along the ate of a non-tangential circular curve concave ~outhwesterly having a radius of i640.26 feet through a central angle of 64o46'40" and being subtended by a chord which bears North 48°50'02" West 1757.26 feet; 8) thence thence thence North 81013'22. \Vcs, t 737.85 foci; leaving said plat boundary North 00°03'39' West 707.85 fcct; South 89°33'32' F~t 336.81 feet; North 00O26'28' Fast I80.64 feet; thence northerly 37.60 fcct along thc arc of a circular curve concave easterly havi~g a radius of 130.00 fcct through a ccntral anglc of I6°34'19.' and tx:lng sublcndcd I~y a chord wtfich bears North 08o43'37'. .Frost 37.47 feet: thcncc North 17000'47" East 181.41 fcct; thcncc northwcstcrly 654.92 fcct along thc arc of a circular curvc concave soutl~wcstcrl7 having a radius of 395.00 fcct through a central anglc of o~o~,,~.~. by a chord which be. ars North 30O29'09~ West 582.44 fcct~'' ~"~' '~" and bcint,~ :,ul>tcmlcd thence North 77°59'05' West 144.30 feet; thence northwestcrly 418.87 fcct along lhc arc of' a circular curve coacavc nmthca:;Icrly having a radius of 800.00 fcct through a ccntral amglc of 29059'.57" and bcin!,. ~..~},r~:~,tcd by a chord v,'hich bears North 62°59'06" Wcst ,114. I0 fcct thence North 47°59'0,~''Wcst 100.03 fcct; thcncc wcstcrly 615.I8 fcct along thc arc ora circular curve concave mc)uthcrly havit I' :~ radius of 826.09 fcct ttu'ough a central anglc of 42°40'04' and being subI,-. ~ c:rl I~y a chord which bears N'orth 69019. I0~ West 601.07 feet; thence South 89o20'48'Wcst 2¢l.55 fcct to tile west linc of said Section 34, :md II~c cast right-of-way linc of U.S. 41: thcace along said linc North 00o39'20.. West 665.92 fcet to the Point of Beginniag; L'F_~S AND EXCEPT all/hat part of Pelican Marsh Unit Five as recorded itl Plat Ilooi.: 22, pages 88 through 89 lh~blic Records of Collier County, Florida bcing more particular describcd as follows; BEGINNING at the northwesterly corner of said Pclican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Fivc South 89°33'32'' East 306.56 fcct to a point on the west linc of Tract WF-I (Drainage 'F_msement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, ['ublic Records of Collier County, Florida; thence along said line South 00°00'00'' :East 481.17 feet to a point on the north line of Tract ~B" (Vandcrbilt Beact~ Road) according to the Plat:of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Rccords of Collier County, Florida; thence southwesterly, 306.37 feet along thc arc of a non-tangential circular curvc concave to the southeast, having a radius of 2430.00, through a central angle of 07°13'26" and being subtended by a chord which bears South 88°15'16'' West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00*03'39" W~t 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89°33'32'' 'East. J .1 .] ] conlnining $73,98 acre.'; more or le:.,~; TOGETItER VVITIt TI IE FOLLOWING I)I~CRIBED PARCEl.: All flw. t part of Section 27, Township 48 South, Range 25 I~ast, Collier' County, l:lorid:~ 'being more particularly described as follows: Commencing at the ',,,'est I/4 corner of said Section 27; thence along said ',,,'cst line Noah 00"39' I2" Wcst 827.69 fcet; thence leaving said line North 89o20'45.. F~'~st 577.78 feet Io thc POINT O1: BEGINNING of the parcel herein described: thence North 57°47'59" East 46.92 fee{; thence North 65°35'21' Ii'~st 110.88 feet; thence North 00039. 12' thence North 77°43'40 thence South 72°59'03 thence South 00°39'15 tl~ence North 89°20'45 thence South 00039, 15 thence South 89O20'45' defer/bed; West 187.52 feet; F. ast 573.08 feet: F.2.st 785.48 feet; · East 27.71 feet: · East 503.78 feet: · F~st 100.64 feet: West 1957.22 feet to thc Point of l~,cginning of tile parcel t:crcin Subject to casements and restrictions of record. Contain/ag 9.5 acres more or less. Bearings are bascd on the west line of said Section 27 as being North 00039. 12' West: AND L ""~S TIlE FOLLOWING THREE (3) DF_.SCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 'East, Collier Count)', Florida and being more particularly described as follows: Commencing at thc west one quarter corner Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00039. I2' West 827.69 feet; thence leaving said section Iine North 89o20'45'' 'East 55.00 feet to the Point of Beginning of the area thereon describ,'..d; thence North 89°20'45· 'East 366.45 feet: thence South 00039' 15' 'East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a cemral angle of 38°45'23' and being subtended by a chord which bears South 64°I9'09~ 'East 46.45 feet to a point of compound curvature; .J ] .1 .J J thence southerly 259.53 fcct along thc arc of a circular curvc concavc wesmrly having a radius of I97.21 fcct through a ccntral angle of 75o24'06' and being subtended by a chord which bears South 07014'23.' East 241.20 feet to a point of reverse cup,'alure; thence southcrly 151.40 fcct along the arc of a circular curve concavc castcrly having a radius of 130.00 fcct tlu-ough a ccntral angle of 66°43'37' and being subtended by a chord which bears South 02°54'07' -East 142.99 feet to a point of rcvcrse cur','aturc; thence southerly 120.22 fcct along the arc of a circular curve concave westerly having a radius of 70.00 fcct through a central angle of 98o24' 12' and being subtended by a chord wtfich bears South 12°56'I0.' West 105.98 feet; thence South 62°08' 16'Wcst 75.07 fcct: then~ southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central.angle of 93006' 13' and being subtended by a chord which bears South 15°35'10'' West 43.56 feet; thence dong South 30057'58' F~'~st 34.79 feet; thcncc southerly 19.94 feet aloag the arc of a circular curve concave wes[cfi:,, l~;~vi~q,, a radius of 80.00 feet through a central angle of 14°16'43' and being subtcndc,.l I,v ;~ c I~ord which bears South 23°49'37' 'East 19.89 feet; thence along a non-tangential line South 84o13. 14" East 158.41 feet: thence South 80°55'24'' 'FAst 183.78 feet; thence South 81°52'5i" .F_2.st 180.90 feet; thence South 00°00'00' East 261.28 feet: thence North 90°00'00" West 394.57 feet; thence North 00°00'00' East 271.73 fcet; thence North 84013' 14~ West I20.32 feet; thence South 33°05'40' West 54.I3 feet; thence South 76°56'51" West 89.04 feet; " thence North 58°35'21" West 65.19 feet; thence North 15°31'55~ West 74.80 feet; thence North 00°4I'41" West 115.24 feet; thence North 28o22'47" East 171.51 feet; thence North 17o11'45" West i06.79 feet; thence North I3°02'52'' East 28.51 feet; thence North 73°36'14" West 54.78 feet; thence South 49o16'08" West 112.78 feet; thence South 89°47'08" West 53.08 feet; thence North 58000'49'' West 50.49 feet; thence North 00o39, 12" West 303.49 feet to the Point of Beginning of the area herein described; Containing 7.8 acres more or less; Subject to easements and restrictions of record; Bearings are based on the west line of Section 27, Township 48 South, Range 25 ILk. st. Collier County, Florida being North 00o39, I2" West; and 1 ] J J All that part of Scctioa 27, Town.';hip ,18 South, P, angc 25 F~'tst, Collier County. l:lorida being more particularly described as follows: Commencing at the ,,vest 114 comer of said Section 2?; thence along said west line North 00°39' I2" West 82?.69 feet; thence leaving said line North 89°20'45" Fast 2469.55 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89O20'45" 'East 787.88 feet; thence South 84°45'32' West 23.43 feet; thence South 74°56'42' West 121.32 feet; thence South 79°49'5 I" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to north having a radius of 66.00 feet through a central angle of 39030. 16' and bein:,, subtended by a chord which bears North 80°25'01 ' West 44.61 feet to a point of curvature; thence northwcsterIy 52.92 feet along the arc of a tangentia! circular cur'~'e south having, a radius of 150.00 fi:ct through a central angle of 20° I2''''~'_,, and b,,:'i subtended by a chord which bears North 70"46'21' \Vest 52.65 feet; thence. North 80°52'50' West 36.59 feet; thence westerl7 46.17 feet along the arc of a tangential circular curve concave to south having a radius of 80.00 feet through a central angle of 33°04'13~ and being subtended by a chord which bears South 82°35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet ttu-ough a central angle of 36°26'18' and being subtended by a chord which bears South 84°16'06' West 37.52 feet to a point of fever.sc curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet tltrough a central angle of 12°55'58" and being subtended by a chord which bears North 83°58'44'' West 68.70 feet; thence South 89033. I7' West 18.36 feet; thence South 89°39'11" West 71.63 feet; thence North 89°35'03' West 36.03 feet; thence South 86°06'33' West 42.94 feet: thence South 83°44'08" West 26.23 feet: thence South 5i°01'05' West 27.49 feet; thence South 33°'2.5'42' West 19.95 feet; thence South 15°39'57' West 20.54 feet; thence South I0°54'31' West 34.64 feet; thence South 890'2,0'06.' West i01.06' feet; thence North 10°45'58' 'East 101.42 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039' 12" West; anct ] .] 17_C All that part of Section 27, Towmhip 48 South, I~nge 25 :East, Collier County, Florida being more particularly described as follows: Commencing at thc west 1/4 comer of said Section 27; thence along said west line North 00039' 12" West 827.69 feet: thence leaving said line North 89°20'45'' East 3401.12 feet to the POINT OF BEGINNING of the parcel herein described: thence continue North 89°20'45" East 443.43 feet; thence South 05°34'48" East 147.72 feet; thence South 89020'45" West 51.56 feet; thence North 23°56'01" West 13.07 feet; thence northerly 30.72 feet along thc arc of a tangential circular curve concave to thc cant having a radius of 80.00 feet through a c'cntral angle of 21059'53' and t~ing sul~tctldcd by a chord which bears Nomh 12°56'O~." West 30.53 feet; thence North 05°01'01' West 31.56 feet; thence Nortt~ 36°19'27 thence North 56°04'43 thence North 80°39'23 thence North 88°39'20 thence North 86o04'48 thence North 89049'56 West 32.02 feet; West 35.11 feet; West 32.53 feet; West 97.78 feet; West 45.79 feet; West I32.77 feet; then, ,cr¢~' North 69°40'18" West 37.23 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039. 12' West: AND TOGETHER WITtI THE FOLLOWING DESCRIBED PARCEL: BEGINNING at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89045'35' East 5231.69 feet to the west fight-of-way line of Airport-Pulling Road (C.R. 31)i thence along said westerly fight-of-way line South 00°3'1'47'. East 5258.31 feet to the south line of said Section 35; thence along said south line South 89039'22'' West 2541.65 feet to the south 1/4 corner of said Section 35; thence continue along said south line South 89039'32'' West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89051'02" West 391.57 feet to the boundary line of a parcel described ih O.R. Book 524,'page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel No~-n.h 0i°03'33'' West 295.29 feet; thence continue along the boundary of said parcel South 89051'02.' West 443.28 feet to the easterly right, of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07°09'08'~ Fast 1729.52 feet: -"' 6 i J ] J ] 12Cl thence continue along said easterly right-of-way line northerly 6-~).69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet ~hrough a central angle of 12°42'18' and L~ing subtended by a chord which bears North 00o47'59` t'2~st 648.37 feet; thence continue along said right-of-way linc North 05°33'10'' West 2628.44 feet lo a point on the north linc of said Section 34; thence leaving said right.of-way line and along the north line of said Section 34 South 89°31'3I.. 'East 772.91 feet to thc Point of Beginning; containing 708.39 acres more or less; subject to casements and restrictions of record; AND TOGETtIER WFFH TtIE FOLLOWING DESCRIBED PARCt.iI, BEG12',~NING at the nor-thcast comer of said Section 36; thence along thc ca.st linc of said Section, South 02°12'03 Faust 2671.63 fcct to thc cast 1/4 corner of said Section 36; thence continue alon?, tl~c cast linc of said Scction 36 South 02°06'28" East 2519.08 fcct ~,o a point on thc north5vly right-of-way linc of Vandcrbilt Beach Road; thcnce along said nonherI7 right-of-way line North 89039'39" West 2855.35 fi:ct; thence continue along said line North 89043'59" West 2544.87 fcct to a point on thc easterly right--of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way Iine North 00°31'47" \Vest 4490.03 fcct to thc south{vest comer of the east 15 feet of thc west 115 feet of the south 80 feet of thc north 619.49 feet of said Section thence along the south line of said land North 89°27'57" East 15.(53 feet: thence along the cast line of said land North 00°31'47" West 80.00 feet: thence along the north line of said land South 89027'57" West i5.00 feet to the cast right- of-way line of Airport Road (C.R. 3I); thence along said right-of-way North 00031'47" V/est 539.49 feet to the north line of said Section 36; thence along said north line North 89o27'57' -East 3914.28 feet to the southwest corner of the east 1/2 of the east 1/2 of said Section 25; thence along the west line of the east 1/2 of thc cast I/2 of said Section 25 North 01054'09'' West 2668.19 feet; thence continue along the west line of the cast 1/2 of the east 1/2 of said Section 25 North 0I°57'I6- West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said fight, of-way North 89014'36'. F_,ast 1325.57 feet to the east line of said Section 25; thence along said east line of Sectioh 25 South 02006'59" -East 2569.75 feet to the cast 1/4 comer of Section 25; thence continue along said cast line of Section 25 South 02000'46" -East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or less; total panel contains 2076.28 2,072.88 acres more or less; :] J ,! ] ] subjcct to easements and restrictiorkq of record; bearings are b,'ued on thc State Plane Coordim'~tcs 19[';3 datum 1990 adjustmcnt, the north line of' Section 35, being North 89°45'35' East. 12Cl 8 o o i Applicant (name, address, phone). WCI Communities 24301 Walden Center l)rive Bonita Springs, Florida 34134 Authorized ,\gent (nanm, address, phone). George I.,. Varnadoe, Esquire Young, ','an Assendcrp & Varnadoe, I'.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 [.ocaticm ((:it3'. C~mm.,.., Township/i<angc/Ncctitml of apFrovcd I)RI and propo.sc,! ch:rage. The Pelican Marsh Community is located in Sections 25.27, 34, 35 aud 36,'I',m'nshii~ 48 South, Range 25 East, Collier County, Florida. Provide a complete description of the proposed change. Include an.,,; proposed changes to thc plan of development, phasing, additional lands, commencement date, build-out date, develSpmcnt order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, suppler0enting with other detailed maps, as appropriate. Additional information may be requestcifl by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh DRI was originally approved by Collier County in 1995 (I)O 95-I; Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail commercial (gfa), 350,000 square feet of office space (including up to I00,000 square feet of medical office), 280 hotel units, and 36 holes ofgolfi An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units to 5,100 units and decreased retail and office uses by 230,000 and I50,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. WCI Communities is proposing minor revisions to the Pelican Marsh Master Plan to reflect changes in the amounts of three previously approved land uses. The proposcd changes are an increase orS0,000 square feet of leasable retail commercial use (adding 57,500 square feet of gross floor area), an increase of 50 hotel rooms and a decrease by 25,000 square fect of medical office use. These changes are reflected on thc revised Pelican Marsh Master Plan (proposed) attached as Exhibit "A.' - 2 - .1 I I ] ] Thc chart on tile foil.wing l)agc describes thc uses originally :~ppr.ved in lhe 199S Pclicnn Marsh l)cvclopment Order (I)() 95-I) and the chnn~cs rcsullin~ fr, m Imlh lhe NOPC approved in 1997andtIleproposcdclulnlgesthatarclhcsul)jcctofll,c,e,rrcnl application. With these proposed changes, considered cumulatively with tile previous NfII'(;, lhe Pelican Marsh I)RI has been reduced by 500 dwelling'units, 172,500 square feel (t41'a) of retail, and 175,000 square feel ofoffice use since the 1995 I)() was issued. There has been a cumulative increase of 27 14olfholes and increases t)f36.4 acres of c.nservalitJn area and 55.2 acres of open space. With Ihe prolmSCd :uhlilio, of 5(I holel rmims, lhe number of approved r~mms will total 45(I. No additional hind is being added to Pelican Marsh and there:ire n, l}r.l)OScd ch,n~cs lo thc phasing, commencement or I)uildout dales, ,)r to tht, currently :tppr~ved dcvclol)mcnl order condilions and requirements. A traffic :,nalvsis prci):,r.}.d I,v l):,vid Plummet & Associates, altached as Exhibit "Il," cslnblishes tl~at lhe ch:~n~es Will have n sig.ificanl or adverse impact on thc rcgi{mal r. adway system. Thc proposed changes do not conslilule a substantial dcviation fr.m lite approved Pelican 5Iarsh l)RI. - 3 - "1 1 1 -} I ] ] ] 1 ] ] ] o Complete the attached Substantial [)cviation Determination Chart for all lan,l u:;c types approved in the development, lfno change is proposed or has occurred, indic:tlc n~ change. See Chart below. IAst all tim dates and resolution numbers (or ortner appropriate identiticali,m numbers) of all modifications or amendments m the originally approved I)RI devclupmcm order ~t~:~l have been adopted by thc local gox'crnmcnt, and provide a brief description of thc prcviotts changes (i.e.. any information not already addressed in thc Nubstantial l)cviation Determination Chart). thts there been a change in local government jurisdiction tbr any portion of the development since thc last approval or development order wits issued? If so, has the annexing local government adopted a new DRI development ~,rdcr flw thc projccl'? The I'clican ~larsh I)RI (I)() 95-I) has hccn amended twice, :is dcscrilwd Iwhm': Collier County approved De,,'clolmlent Order 95-5, Iw l,tcs~,luti,n No. 95- 555, on September 26, 1995. The change consistctl of ;t nc;v lc,gal description and corresponding plan and text cl,an,gcs to rcllcct Ibc addition of one (1) acre of land to the project. B. Collier County issued Development Order 97-4, (Resoh, tion 97-457) on l)ccember 9, 1997, which approved thc applicant's NOPC with the land usc changes shown on the above chart following question number 5. Describe any lands purchased or optioned within ~A mile of the original I)RI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, ,'md adjacent non-project land uses within ',5 mile on a project master site plan or other map. WCI Communities has an option to purchase, during the :}'ear 2000, 151 acres of land on the east side of tile future Livingston Road. A legal description of this parcel is attached hereto as Exhibit "C." Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. Do you believe this notification of change proposes a change which meets tile criteria of Subparagraph 380.06(19)(e)2., Florida Statutes? YES NO X 1 1 I 1 I !0. 11. 12. 13. Does the proposed change result in a change to the buildout date or any phasing date ()f thc project? I1' so, indicate thc proposed new buildout or phasing dates. No changes are proposed. Will the proposed change require an amendment to the local government comprehensive plan? NO. Provide thc following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative (;mit: See attached proposed I)evch)pmcnt Order, attached as Exhihit An updated master site plan or other map of the development portraying and distiHguishing the proposed changes to the previously approved DRI or development order conditions. A copy of the approved master plan is attached as l:.;xhibit "I,~" and a copy of lite proposed plan is attached as Exhibit "A." t Pursuant to Subsection 380.06(19)(0, Florida Statutes, include tim precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. Ail proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components ofthe proposed change; bo See proposed Master Plan, Exhibit "A" and revised Development Order, Exhibit "D." There are no proposed changes to phasing or buildout dates, nor to existing DO requirements and conditions. An updated legal description of the property, if any project acrcage is/has been added or deleted to thc previously approved plan of development; No land is being added to Pclican Marsh. There is no change to thc legal description. 1 l ] ] ] ] ] Co do co A proposed amended development order deadline fi~r commencing physical develop,nent of the proposed changes, if applicable; Not applicable. A proposed amended development order termination date that reasonably reflects thc time required to complete the development; No change. A proposed amended development order date until xvhich the local govcrnmcm agrees that the changes to the DR1 shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. - 7 St,IL"; I ,\~N I IAI~ I)EVIA'I'I(),N I)I.71'I.~I~,.M I.N..\'I I()N ('II,\I,FI' 'FYI'E OF CI IANGI.: I'R()POSI-:I) LAND USE CATE(;()Ry PI,AN I'I.AN ('llAN(;E & I)ATE: C()l.l.ll:R ('OUN'FY ILO. 97-4; R I-~.%. h'¢). g7-.457, I)e¢. 9, 1997 Attraction/ .': Parking .Spaces -I00 (rio chan~c, ] Recreation t: Speclal,,r,; "' i ..... _ ~`geats 7.50 (no chan~c~ 750 7.~0 Site Iocational chanties ,gee Map "Il-2" Sec M:,,p Acreage, including drainage, within 80-acre 15 acr:'c within ,~¢} ace,: ";it tivity ccnlcr' ] Re)w, easements, crc. actix'stx, center ~ Exlcmal vehicle trips D.O. condifion~ _,, ADA representations Runwa~ (slrefl~dl) Tem~inal(~ross sq. ft..) ~ Parking spaces ~ Gates .. Apron ~ea(gross -- S~3~ Iocational chan~es Ai~ort acreage, including drainage, ROW, e~emenU, etc. ~ External vehicle D.O. conditions ADA represen~tlons l{ospilal~ .... ~ Beds N/A N/A N/A ~ Parkin~ spaces Building (gross s~.~.) ~jte ]ocational chances {Acreage, including drainage, ROW, e~emen~, etc. ~ External vehicle trips D. O. conditions TYPE OF CIIAN(;I,; I'ROI'OSEI) ORI(;INAI, I'I~,EVI()US I)() , iLAND USI'; CA'FF:GOI~Y il PI.AN PI,AN C! IAN(;E & I)ATE: : COI,I,IER COUNTY D.O. 97-4; RES. IN(). 97-457, Dee. 9, 1997 Industrial Acreage, including drainage, N/A N/A N/A J ROW, casements, etc. tt Parkin~e Spaces Building (gross sq.ft.} # Emplo?cs Chemical Storage (barrel5 and lbs.'} Site locational chan?s ...... tt External vehicle trips D. O. condition~ ADA representations Mining Operations Acreage mined (.,,'ear.) N/A NIA N/A Water v;hhdrawal (gal~da,v). Size of mine (acres), including drainage, ROW. easements, etc. Site Iocational changes # External vehicle trips D. O. conditions ADA representations Office Acreage, including drainage, within 80-acre 20 acres wilhin 80-acre "activity center" ROW, e.a~ements, etc. "activity' center" Building (gross sq.fl.) 175,000 sq.fl. (up 350,000 sq. ft. (up 200,000 sq.fl. (up to 50,000 sq.fl. to 25,000 sq.fl, to I00,000 sq.fl, medical of'rice) medical office.) medical office`) # Parking spaces -- # Employees Site Iocational changes Sec Map 11-2 See Map "1 t" ... # External vehicle~ _ · D.O. conditions ADA representations TYPE OF CIIAN(;F~ I'I~,OI'OSI~I) ORIGINAl, I~IH']VIOU,',; I)() LAND USE CATE(;()IC¥ PI,AN PLAN CIIAN(;E & I)ATE: It [-~S. NO. 97-457, Dre. 9, 1997 Petroleum/ Storage capacity N/A N/A ,,,Chemical Storage (,,barrels and/or lbs.,) Distance to navigable waters (feet) Site Ioeational chan?s Facility acreage, including draina?. ROW, casements, etc. # External vehicle D.O. conditions ADA re.presentations Porls (~,,larinas) # boats, wet stora? N/A N/A N/^ # boats, dry storage Dredge and fill (cu.,yds.,) Petroleum storage (gals.,) Site locational chan~es Port acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Residential # Dwelling units $, 100 $,600 $, I00 Type ofdwel[in~ units (no change,) # Lots Acreage, inc. drainage, ROW, .~76.8 acres 859 acres .~76.8 acres easements, crc. (no change) · Site Iocational chan~es See I"..~ala ! 1-2 See Ntap "Fl" See Ma.stet Plan # External vehicle trips D.__O.~conditions ] TYPE OF CIIANGI.~ I'i~,OI'OSEI) ORI(;INAI. I'I),I';VI()II,"; i)() LAND USE CATI,Xi()I~,Y 1'LAN PLAN CIIANGE & I)ATE: COI,I,II-~I~, COIlNTY I).O. 97.4; RES, NO. 97-457, Dee. 9, 1997 Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "actw~ty cenlcr Service ROW, eascmcms, etc. "activity center" Floor space (gross sq.fl.) 402,500 gross 575,000 gross 345,000 gro:;s sq.ft. sq.fl, sq.fl. # Parkint,.,. spaces # EmpIo?'ccs Site Iocational chart,ecs Sec Map "H-2" See Map "1 I" a External vehicle ~rips D. O. conditions ADA Representations ;lotel/blotel # Rental Units 450 rooms 280 rooms ,1()(I rm,n.~ Floor space (gross sq.ft.) _# !'_arking places # Employees ... Site Iocational chan~es See Map "}1-2" See Map "I'1" Acreage, including drainage, within 80-acre .' within 80-acre "activity center" ROW, easements, etc. activity center # External vehicle trips D.O. conditions .. ADA representations R.V. Park Acreage, including drainage, N/A N/A N/A ROW, easements, elc. # Parking spaces Buildings (gross sq.fl..) # Employees Site Iocational chan~es # External vehicle trips D.O. conditions ADA representations TYPE OF CIIANGE I'I~OPOSEI) ORIGINAl. I'II:EVI()US I)O LAND USE (/..VFE(;ORY PLAN PI,AN CIIAN(;E & DATE: COIAAER COUNTY D.O. 97-4; RES. N'O. 97.457, Dec. 9~ 1997 Open Space (all Acreage 114.2 acres (no 59 acres 114.2 acres natural and change) vegetated) Site Iocational chan~es See Map "li-2" Type of open space non-impervious D.O. conditions surfaces) AD,'.. representations Preservation, Buffer Acreage 330.4 Acres (no 294 acres 330.,1 acres or Special change) Protection Areas Site Iocational changes Sec Map "H-2" Sec Map "I I" Development of site proposed D. O. conditions ADA representations l ] ] ] - 12 - Pelican Marsh Communities 12(~1 (~]3~tl3 ,eKT~ PA~ NAPLES DAILY NEWS 263-4.~Q~ ' I March 29, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition DOA-99-01 Dear Pam: Please advertise the above referenced notice one time on Friday, April 16, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Eliie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY~ APRIL_ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. DOA-99-01, George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A., representing WCI Communities L.P. for an amendment to the Pelican Marsh Development of Regional Impact (DRI) Development Order No. 95-01, as amended, for the purpose of increasing the authorized amount of retail floor space by 57,500 square feet of gfa. an increase of fifty (50) hotel rooms, and a reduction in medical office space of 25,000 square feet of gfa. for property bordered on the west by Tamiami Trail North (U.S. 41) , on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited tc 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted !0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In an}' case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER CO%~4TY, FLORIDA PAMELA S. MAC'KiE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Ho~fman, Deputy Clerk (SEAL) March 29, 1999 Mr. George Lo Varnadoe, Esq. Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive Naples, FL 34134 Re: Notice of Public Hearing to Consider Petition DOA-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, April 16, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK El!ie Hoffman, Deputy Clerk E~lclosure March 29, 1999 WCI Communities L.P. 24301 Walden Center Drive Bonita Springs, FL 34134 Re: Notice of Public Hearing to Consider Petition DOA-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, April 16, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure March 29, 1999 Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Notice of Public Hearing to Consider Petition DOA-99-01 Dear Mr. Atkins: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, April 16, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure March 29, 1999 Mr. Daniel Trescott DRI Coordinator SWFRPC P. O. Box 3455 North Ft. Myers, FL 33918 Re: Notice of Public Hearing to Consider Petition DOA-99-01 Dear Mr. Trescott: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 27, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, April 16, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Eliie Hoffman, Deputy Clerk Enclosure I)E%'EI.()P.ME.~'T ()I~I)EI~ N(). 90 - ~ RES()I.I'TI(iN N(), 99- 234 2, I~ES()I.I"I'I()N A.MENI)IN(; I)E%'EI,()I'MENT ()RI)ER NC). {;5-1. %.'4 A.',IENI)EI). FOR TIlE i'EI,I('AN .~I..'~RSll I)E%'EI.()I'.MENT ¢)F RE(;I()N,,\I, I.'ql'A('T BY PR()VII)IN(; F()R: SE("FI()N ()NE, AMENI)IN¢; I'AR.,'~(;R..%i'II F()I'R ()F TIlE FINI)IN(;S ¢)F FACT SEC'I'I()N 'F() ('llAN(;E Till-; SO!'..%1(!.~ FOOT:~,(;I~; A'I'FRIBI 'TAI{I,E T() ('ERTAIN OF TIlE REFi.:I~EN( SET FORTll TIIEREIN ANI) A.MENI)IN(; TIlE .MASTER I'I,AN; FINDINGS ()F FA("I': SE(~TION 'FIlREE. ('ON('IA;Si()NS ()F I...\V,': SE('TI( F()I'R EFFE('T ()F i'REVi()i'SI.Y ISSI'EI) I)EVEI.()I'.%II.'.NT ()I~i)ER. 'I'RANS.MITTAI, 'I'() I)EI':\RT.MENT ()F ¢'¢)M.MI'NITY \FFA, II,IS .,\NI) EFFE('TI%'E I)ATE. WI II{Rh..\.%. \V( 'N ('mnmunmc,. Inc., (herein "\V('X") l~icd ~m X~',cmhcr 3(). ]'~'J t. ,,~ ,th thc County or'( '~Hhcr an ,,~ppl~cal~m fi~r l)c~ ch~pmcnt Appu,val (Al)Al ~H'a I)cvch~pmcm ~d' Rc~,,,~;~l I~np;tcl (I)RI) known as Pelican Marsl~ ('ommumlv m aco~rdancc ~ ~lh Sub~ccl~<m )~(I ~lt,((,). l'h~mla ~l;Ihllc~. ;iDa WI IId(I'AS. thc Board ,,t'( 'ount~ ( '~mm~tssmnur, of'( '~dhcr ( 'oumy. I'h~mt:i. :~pprm'cd I k'~ ch?mum ()rdcr 95-1 fthc' l)c~ch~prncnl (~,lcr"~ l~,r thc ]'cl~c:m .M;Ir~h ('<mlrntm:lv I)Ri ,m .l;IDtlHr% 24 ~()U~. ;lll(I WI IkREAS. thc I~omd off ',mnly f 'mlln1~.,:¢loncr~ o1'( i~ll~cr ('o,nty. Flor Ma. apprm'cd i )cvci~pmcm f)rdcr 95-5 hv Rc,,4ut:~m N~. 95-555. amending l)cvch,pmcnl f )rdcr 95-i. ~m September 26. I'~(~. h, ch;ragu thc legal dcscnptltm rd' IBc I'cllcan Marsh t '~,rllmull~l~: and Order q7-4 i~v Rcs(dtll~,m N,~ q7-457. ;Hllk'llt~lllp I)cx Ch~plllC~H f Crdcr '15-J. ~m ] )t'CClllhci 9. WI II~RI(AS. W( '1 ('~,n]mtm~t~c~. a Imnlcd partncrshu, (hcrcm:~licr "W( T' I. Ibc StlCCt'ssl)r 111 Marsh (.'o~mU~llV arid Jr} tll~lkc ccrlalr~ cJlilllgCh h~ thc ~lmot~H, {,l'dcvcl,~pmc~ll al~j~t-(,vctj hc~clr~: proposed change t{~ l)cvch)pn~cnl f)rdcr 95-1. as amended. ~ hwh ~s ;rtl;lc}left hcrclo and ~llC~H'p~r;Hc{J rcl~'rcncc, marked a, lCxluh~t ".R": ~Vl ll:RILAS, thc Ih)ard ,H'( 'J~LilIIv ('~HllmlS~h}~lcr~ ;1% thc goxcrrlnlg I~,d~ ,)1 thc Llnlrlcorl~,lalCtj of ('oilier ('ounly. ~th JurlqdlCtH)ll pursu;mt h) Scct~n 3xr}.(}6. I'h~rMa hlattitcs, IX empowered to consider proposed changes m d~c Pchcan Marsh ('mnmunnv i)RI l)cvch~pmcm ( as amended: anti \Vt t F.I,',I':AS. thc ('~,}l~cr ('ountv B~ard of( 'ounly ('ommlss;oncr~, ha~, pa~scd ( ]rdulancc No. 99- 234 on __~_ 11 . 1999. which amended the P{[I) /onmg I~r Iht l'cl~can ,M:u'd~ ('ommumty WI II~RE,.XS. thc ~s~uancc ora development order pursuant to ('t]aptcr ,~XtLO6tlgl. I. i~r]da WIII{REAS. on ...... ~_ ] I . 1999. lee Ih)ard ol'( 'ountv (',)mm~s:onc)~. al hearing m accordance w~h Sccm)n 3S0.0t,. Florida Statutes. having c(ms~dcrcd W( '1'~ apphcal)(m and Nohcc of Proposed ('hangcs to thc l'clican Marsh ('onlmtmily l)cxcl()pmcnl ()rdcr 95-i. a, amended, and thc record made al ~aid hearing, and hav~ng considered thc record of thc d()cumcntarv and oral cv~dcncc prcsc))tcd thc (~o]]~cr ('our, tv Planning ('ommlssloll: lhc r,:p()rt anti rcc()mmcndal:ons ~)1' thc ('()liter ('rarely }'hmnmg ('ommiss~()n: thc report and recommendations of'thc ('olhcr ('ountv Staff and ..Mlv~o~y Ih~ard,.: thc report and recommcndat~()ns of thc Soulhwesl [:londa Regional Planning ('ounc:t. Ibc ]h)ard ()1 ('ommlssloncrs of ('oJ]Icr ('ountv hcrcl~y approves thc }~,]Joxvmg [)cllcan NJarsJl ( 'OI1~H!IlIlIIV J)ck Order amendments. SECTION ()NE: AMENDMENTS TO I)EVEI.OPMENT ()RI)ER A. l'aragraph A of thc l'lndmgs of l:acl SCCll~)n of' [)evclopmcnl { )rdcr 95-I. :is ;Imcntlcd (Resolulion 95-71. ;1~ amended) ~s hercb~ anacndcd to read as l~)Jlm~ ~: 4. Thc appltcant prop()sc~ thc dcxclopmcnt of ;he J~cJlcan Nlar~h ("~rllHltlIIIIV C(HI~IMI/a?. 2.072 acres. Pelican Marsh mctudcs S0 acres ~l'"act~VltV center" usc ~ h~ch w~Jl conlam thc fl~JJox~ng hind uses: up to =~ ~5.000 square Ir'ct ol'gross floor area ((iFA) ol'rcta~l commcrcml usc: up Io square Ir'ct of (;I:A of office commercial usc. wHh up to ~~)g ( iFA of mcdical ~d'ficc usc: hotel rm)ms: and an 80.000 GF,.X ~' 'uhural ( 'enter {.,Mlracllon Facility) ~v~th 750 scats and 400 parking '~e Pelican Mar~h ('ommumtv x~ll c~mtam a ma,xmmm of ~Ma~ ~ rcs~dcnl~aJ dwelling un:ls: 63 of golf and clubhouses: 330.4 acres of conscrvahon area. (some of xvh~ch ~s w~thm an [:l'&l. ca~.cmcnt); 114.2 acres of open space: and a 20 acre school site. 2. Exhibit "A" (Map Il-l, Master Plan} of Dcxc[opmcnt ()rdcr 95-I fi)r thc I'cl~c;m Marsh Community DRI. as amended by l)cvelopmcnt ()rdcr 95-5. is hereby amended by replacing s;ml M;H~ Il- Master ]'lan, with Exhibit "B" hereto, a nc~' Map l I-2. Master Plan. attached and tncorporalcd hcrc~n by reference, ret]coting thc amended Iocamms of approved land uses. 12Cl '"'-' SECTI()N T\vO: FINDINGS OF F<\( "F A. '1 hz approved land uses x~h~n the Pelican Marsh I)RI arc denoted (m Map 11-2. Master Plan. which is marked Exhibtl "B". attached hereto and incorporated by rcfcrcncc hcrcm. B. Thc applicatmn ,s in accordance with Scctmn 380.06(19). Florida Slatulcs. C. Thc development of Pelican Marsh ('ommt,nlty on 2.072 acres of hind ,droll include II~c land uses described in the above Findings of Fact at Paragraph D. 'l he rcqucslcd amendment Io lhc previously approved l)cvclopn~cnl ()rdcr ~s cons~stcnl w~lh the report and review of thc S\VFRIKL E. A comprehensive review of thc impact generated by thc requested amendment ha.4 bccn conducted by the County's departments and the S\VFRPC. F. The development is not in an area designated an Area of('ritical State ('onccm pursuaul to lhe provisions of Section 3$0.06. I:h)r~da Stalulc,;. SECTION TIIREE: (,ON('i.17SIONS OF I.,.\W A. The requested amendment ofthls prevmusly approved Development Order is consistent with the report and recommendations of thc S\VFRP(' and does not consmute a "substantial dcviatmn'' pursuanl to Section 380.06(19). Fh)rida Statutes. B. Thc proposed amendment to thc previously approved Dcveh~pmcnt ()rdcr xvtll not unreasonably interfere with Iht achievement of iht objectives of the adopted .<,talc I.and I)evelopmcn! Plan applicable to thc area. C. Thc proposed amendment to the prcvmusly approved I)evelopmcnt Order ~s cons~stcnl x,.'tth thc Collier County Growth Management Plan and the l.and l)evelopment Rcgulalions adopted pursuant thereto. D. The proposed amendment to the previously, approved l)cvclopmcnl ()rdcr ts consistent with the Slate Comprehensive Plan. SECTIONFOI~R: EFFECT OF I'REVIOI:SI.Y ISSI~EI) DEVEI.Oi'MENT ()Ill)Eli{S) 'FRANS.%IIT'FAI. TO I)('A ANi) EFFE("FIVE I)ATE I. Except as amended hereby, l)evclopmcnt ()rdcr 95-5, as amended shall remain m full force and effect, binding m accordance ,.vflh ils terms on all parties thereto. This amended l)cvelopmcnl ()Mcr shall take precedence over all other applicable prevmt, s and subsequent l)cvelopmcnl Orders whsch arc in conflict thereof. 12C 1 B. Copies of this Dcvelopmenl Order 99- 2 shall bc Iransmflled ~mmcdmlcly UlXm cxccumm to the Department of Community Affairs, Bureau of Land and Waler Managcmenl. and Iht .'qoulhwesl Florida Regional Planning Council. ('. This Development Order shall take effect as provided by law. tie IT F1JR'I'IIFJ~, RESOi. VF~D that th~s Resolution bc recorded m thc minutes of thc Board. Resolution adopted after motion, second and majority vote. l)onc this l[..~,,d;,y of .... "yh .1999. ATFEST: . ,. D~,YIGHT E. BROCK. Clerk '"A. r(est as to Chairwoman's s~gnaturc"only Approve~i as 'to form and legal sufficiency: Marjor/~ M]~Student ~ Assistant County' Attorney BOARD OF ('()[INI'Y (.'()MMISSII)NliRS COI.I.IER COUN'I"f. I"I.ORII)A PAMEI..,\ S. MAC'KIF.. PE[.ICAN MARSH DF.V ORl)l!R'md FORM RPM-BSP-PROPCIIAN(;F.-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CIIANGE TO A PREVIOUSLY APPROVEI) DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal ora proposed change to a previously approved DRI be made to the local government, the regional planning agency, and thc state land planning agency according to this form. 1. I, George L. Varnadoe, the undersigned authorized representative of WCI Communities Limited Partnership, a Delaware limited partnership, hereby give notice of a proposed change to a previously approved Development of Regional' impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh Community development which information is true and correct to the best ofmy knowledge. I have submitled today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Co,ncil, and to the Bureau of State Planning, Department of Community Affairs. (Date") \ (Signature~ ~ ,,, CONSENT AND AI'I'OINTMENT OF AGENT This Consent and Appointment of Age.hr is made this ..'q. da.', of January. 1999, by WCI Communities Limited Partnership, a Delaware limited partnership (hereinafter referred to as the "Owner"). WlTNESSETil WIIEREAS, the Owner has a mailing address of 24301 \Valdcn Center Drive, B(mita Springs, Florida 34134; and WIIEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A', attached hereto (hereinafter the ".qubjcct Property"), which land is located within the Pelican Marsh Development ofRegional hnpact which ,.vas approved in Development Order 95-1 issued by Collier County on JanuaD, 24, 1995; and WIIEREAS, the Ov~qaer intends to car'c,.' out development on thc Subject Property described in Exhibit "A" which will require changes, amendments, or additions to thc Pelican Marsh Community PUD and DRI Development Order 95-I, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the State of Florida and agencies o f local govemrrBent; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop thc Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and thc DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A'. NOW TItEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property., consents to the following: APPOINTMENT OF AGEIV'I'S 1. George L. Varnadoe and the law firm of Young, van Asscnderp & Vamadoc, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and appointed the agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval ofthe Owner's plan of development for the Subject Property described in Exhibit "A". 2. George L. Varnadoe and the law fLrm of Young, van Assenderp & Varnadoe, P. A., are atrthorized to represent and to act as agents for the Owner with their full authority before any and all governmental entities, and any agencies o fthe state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject Properties, including amendments to the DRI Development Order, and PUD zoning or rezoning on the Subject Property. These agencies or entities may include, but shall not be limited to, the following: 12 I a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other Cabinet level offices and agencies. e. The Florida Land and Water Adjudicatow Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APl'OINTMENT OF ]'tiE AGENT named above, the Owner, WCI Communities Limited Partnership, a Delaware limited partnership, has signed below. OWNER: Title: WCI COMM,,UNITIES LIMITED PARTNERSttlP senior Vice President Dated: January 7, 1999 WITNESSES: Signature Printed Name Printed Nme Legal Description of Pelican Marsh Community Exh I b t t l'2C 1 PELICAN MARStI, being approximately 2072.88 acres, is legally described as follows. BEGINNING at the southwest comer of Section 27, Town.ship 48 South, Range 25 Ihst, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 4 t Noah 00o38'20' West 2623.40 feet to the west 1/4 comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00°39, 12" We. st 827.69 feet; thence leaving said line North 89°'20'45" ~East 3844.57 feet to the westerly right-of-way line of proposed Goodle.e-Frank Road'as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; i) South 05"34'48' East 3545.96 feet to the south line of said Section 27; 2) South 05.33'10' East 2642.i7 feet; 3) southerly 620.87 feet along the arc of a circ~Iar curve concave westerly having a radius of 2799.93 feet through a central angle of 12°42'18. and being subtended by a chord which bears South 00°47'59~ West 619.60 feet; 4) South 07~39'08' West 1675.64 feet to the ~undary line of the plat of Pine Ridge Second 'Extension as recorded in Plat Book I0, page 86 of the Public Records of Collier County, Florida; thence dong the boundary of said Pine Ridge Second -Extension in the following eight (8) described courses; I) 2) 3) 4) 5) 6) 7) South 89°50'58· West 88.21 feet; North 31.34'00' West 120. I9 feet; North 05'37'I0' West 956.47 feet; South 74046'39· West 379.98 feet; South I2'04'43' East 23.53 feet; South. 87~:)9'43' West 272.40 feet; northwesterly 1854.46 feel along the are of a non-tangential circular curve concave ~xrthwesterly having a radius of 1640.26 feet through a central angle of 64Q46'40' and being ~bteaded by a chord whtch bears North 48Q50'02· West I757.26 feet; 8) thence thence thcncc North 81°13'22' West 737.85 fcet; leaving said plat boundary North 00003'39- West 707.85 feet; South 89°33'32'' -East 336.81 feet: Nord~ 00°26'28' -East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through, a central angle of 16°34'19' and being subtended by a chord which bears North 08°43'37. 'Fast 37.47 feet; thence Nor'& 17°00'47" -East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southweslerlv having a radius of 395.00 feet through a central angle of 94"59'52' and being,, subtcnde~ by a chord which bears North 30°29'09' West 582.44 feet thence North 77'59'05' West 144.30 feet; thence northwesterly 418.87 feet along the arc. of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29o59'57' and being subtcndc~l by a chord wtfich bears North 62'59'06' West 414.10 feet thence North 47059'08.. West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42*40'04' and being subtended by a chord which bears North 69°19'10' West 601.07 feet; thence South 89°20'48' West 204.55 feet to the west line of said Section 34, and thc east fight, of-way line of U.S. 41; thence along said line North 00039'20.' West 665.92 feet to the Point of Beginning: LF. SS AND -EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat 13001.: 22, pages 88 through 89 PuNic Records of Collier County, Florida being more particular described as follows; BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five: thence along the boundary of said Pelican Marsh Unit Five South 89°33 '32" Fast 306.56 feet to a point on the west line of Tract WF-1 (Drainage -Easement) according to the Plat of Grand Isle at Pelican Marsh. Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along ~aid line South 00°00'00'' East 481.17 feet to a point on the north line of Tract "B" Oeranderbilt Beach Road) according to the Pint"of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00, through a central angle of 07'I3'26" and being subtended by a chord which bears South 88°15'I6" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence tlong said line North 00'03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements ~ mmic~ons of record. Bearings ~e based on the north line of said Pelican Marsh Unit Five being South 89'33'32' East. ! 2 conu/ning 573.98 acres more or less; subject to ¢a~cmcnts and restrictions of record; TOGETttER Vi-H{ THE FOLLOWING D -ESCILrBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly de.scribed as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00"39' 12' West 827.69 feet; thence leaving said line North 89020'45' East 577.78 feet to the POINT OF BEGINNING of the parcel herein described; thence North 57°47'59" East 46.92 fee{; thence North 68°35'21 thence North 00039, 12" thence North 77°43'40 thence South 72°59'03 thence South 00039, 15" thence North 89°20'45 thence South 00o39' 15" thence South 89020'45 d~cribed; East 110.88 feet; West 187.52 feet; -East 573.08 feet; F. ast 785.48 feet; -East 27.71 feet; -East 503.78 feet: -East 100.64 feet; West I957.22 feet to the Point of Beginning of the parcel herein Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being 'North 00039' 12" West: AND LESS THE FOLLOWING THREE (3) DESCR/BED PARCELS: All that part of Section 27, Town~hip 48 South, Range 25 F2zt, Collier County, Florida and being more particularly d~cribed as follows: Commencing at thc west one quarter comer Section 27, TOwnship 48 South, Range 25 thence along thc west line o~ said Section 27 North 00o39' 12" West 827.69 feet; thence leaving said section linc North 89020'45' East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89020'45' ~t 366.45 feet; thence $ou~ 00°39'I5'' East 34.09 feet; thence southeasterly 47.35 feet along thc arc of a non-tangential circular curve concave southwesterly having a radi~ of 70.00 feet through a central angle of 38°45'23' and being ~btended by a chord which bears South 64°I9'09' Last 46.45 feet to a point of compound cum'ature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 19'7.21 feet th. rough a central angle of 75~24'06" and being subtended by a chord which bears South 07°I,$'23.' .East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66°,13'37' and being subtended by a chord which bears South 02054'07' East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet th.rough a central angle of 98~24'12' and being subtended by a chord which bears South 12°56'10'' West 105.98 feet; thence South 62008' 16" West 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central.angle of 93°06' 13' and being subtended by a chord which bears South 15"35' 10" West ,:13.56 feet; thence ~tong South 30057'58'' -East 34.79 feet; thence southerly 19.9,4 feet along the arc of a circular curve concave westerly having a radius of' 80.00 feet through a central angle of 14016'43" and being subtended by a chord which bears South 23049'37" -East 19.89 feet; thence along a non-tangential line South 84°1'3'14'' 'East 158..41 feeT: thence South 80°$$'24" 'East 183.'18 feet: thence South 8I°$2'51' East 180.90 feet; thence South 00°00'00" East 261.28 feet: thence North 90000'00" West 394..57 feet; thence North 00°00'00" East 271.73 feet; thence North 84°13'I4" West 120.32 feet; thence South 33005'40" West 54.13 feet; thence South 76°56'5I ' West 89.04 feet; thence North .58°35'21" West 65.19 feet: thence North i5°31'55" West 74.80 feet; thence North 00°4.1'41" West 11.5.24 feet; thence North 28°22'47· East 171.51 feet; thence North 17011'4.5· West I06.79 feet; thence North 13~:)2'$2' East 28.51 feet; thence North 73°36'14. West 54.78 feet; thence South 49°16'08' West 112.78 feet; thence Sotrth 89°47'08· West .53.08 feet: thence North 58°00'49'' West .50.49 feet; thence North 00°39'12' West 303.49 feet to the Point of Beginning of the area herein described; Containing 7.8 acres more or less; Subject to easements and restrictions of record: Bearing_,: are based on the west line of Section 27, Township 48 South, Range 25 East. Collier C.(mnty, Florida being North 00"39' 12" West; 12C !. thence South 89~39'I 1· thence North 89~35'03· thence South 86~)6'33' thence South 83°44'08· Ail th.at part of Section 27, Township 48 South, Range 25 -East, Collier County, Florid~' being more particularly described as foIlows: Commencing at the west I/4 corner of said Section 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89020'45" 'East 2469.55 feet to tile POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45" East 787.88 feet; thence South 84"45'32' West 23.43 feet; thence South 74°56'42· West 121.32 feet; thence South 79°49'$I- West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to tile north having a radius of 66.00 feet through a central angle of 39°30. 16" and being subtended by a chord which bears North 80°25'01" West ,¢,i.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to {tie south having a radius of 150.00 feet tttrough a central angle of 20°12'$7" and bci%, subtended by a chord which bears North 70°46'21" West 52.65 feet; thence-North 80°52'50- West 36.59 feet; thence westerly ,46.17 feet along the arc of a tangential circular curve concave to thc south having a radius of 80.00 feet through a central angle of 33°0.4' 13' and being subtended by a chord which bears South 82°35'04' West 45.54 feet to a point of reverse curvature; thence ~esterly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of ~.00 feet through a central angle of 36026'18' and being subtended by a chord which bears South 84°16'06' West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet through a central angle of 12°55'58" and being subtended by a chord which bears North 83°58'44" West 68.70 feet; thence South 89°33'17. West 18.36 feet; West 71.63 feet; West 36.03 feet; West 42.94 feet; thence South 5I~0I'05· thence South 33~25'42· thence South 15~39'57· thence South I0°54'31 · thence South 89~20'06· thence Noah I0°45'58- described; West 26.23 feet; West 27.49 feet; West I9.95 feet; West 20.54 feet; West 34.64 feet; West 101.06 feet; East 101.42 feet to the Point of Beginning of the parcel herein Subject to easements asxi restrictions of record. Containing 0.48 acres more or less. Bearings are based on the we~t line of said Section 27 as being North 00"39' 12" We.st; Al/that part of Section 27, Townsl"dp 48 South, Range ~ East, Collier County, Florida being more paxticularly described as follows: Commencing at the west I/4 comer of said Section 27; thence along said west llne North. 00'39'12" West 827.69 feet; thence leaving said line North 89020'45'' 'East 3401.12 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45' East 443.43 feet; thence South 05'34'48' East 147.72 feet; thence South 89020'45" West 51.56 feet; thence North 23'56'0I' West 13.07 feet; thence northerly 30.72 feet along the are of a tangential circular curve concave to the east having a radius of 80.00 feet through a dentral angle of 21'59'53" and being subtended by a chord which bears North 12°56'04" West 30.53 feet; thence North 05°01'0i" West 31.56 feet; thence North 36'19'27" West 32.02 feet; thence North 56°04'43" West 35.11 feet; thence North 80039'23' West 32.53 feet; thence North 88039'20' West 97.78 feet; thence North. 86004'48' West 45.79 feet; thence North 89049'56' West 132.77 feet; then,~ North 69040. 18" West 37.23 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039. 12' West; AND TOG~ WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89045'35' East 5231.69 feet to the west right-.of-way line of Airport-Pulling Road (C.R. 31)i thence along said westerly right--of-way line South 00'3'1'47' East 5258.31 feet to the south line of said Section 35; thence along said south line South 89039'22' West 2541.65 feet to the south 1/4 comer of said Section 35; thence continue along said south line South 89*39'32" West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89'51'02' West 391.57 feet to the boundary line ora parcel described ih O.R. Book 524,'page 12I of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01'03'33' West 295.29 feet; thenc~ continue along th~ boundary of said parcel South 89'51'02' West 443.28 feet to the easterly fight-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book I3, page 58 of the Public Reco~ of Collier County, Florida; thenc.~ along said easterly right, of-way line North 07*09'08" East 1729.52 feet; -" 1 6 ,. thence continue along said easterly right-of-way line northerly 649.69 feet along tl~;'arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12°42'18' and being subtended by a chord which bears North 00047'59.' -East 648.37 thence continue along said fight, of-way line North 05°33'10" West 2628.44 feet to a point on the north line of said Section :34; thence leaving said fight-of-way line and along the north line of said Section 34 South 89°31'$1' -East 772.91 feet to the Point of Beginning; containing ?08.39 acres more or less; subject to easements and restrictions of record; AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEl. BEGINNING at the northeast comer of said Section 36; thence along the east Iinc of said Section, South 02°12'03" · East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east line of said Section 36 South 02°06'28" -East 2519.08 feet to a point on the northerly fight-of-way line of Vanderbi[t Beach Road; thence along said northerly fight-of-way line North 89"39'39" West 2855.35 feet: theme continue along said line North 89°43'59" West 2544.87 feet to a point on the easterly fight-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way linc North 00o31'47" West 4490.03 feet to the sourh~vcst comer of the cast 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south linc of said land North 89O27'57" ~t 15.00 feet: thence along the east line of said land North 00°31 '47" West 80.00 feet: thence along the north line of said land South 89°27'57" West '1'5.00 feet to the east right- of-way line of Airport Road (C.R. 31); thence along said fight-of-way North 00°31 '47' West 539.49 feet to thc north linc of said Section 36; thence along said north linc North 89O27'57" East 3914.28 feet to the southwest comer of the east 1/2 of the east I/2 of said Section 25; thence along the west linc of the east I/2 of the east I/2 of said Section 25 North 01054'09- West 2668.19 feet; thence continue along the west line of the east 1/2 of the east I/2 of said Section 25 North 0I°57'16, West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right, of-my North 89°14'36· East 1325..57 feet to the cast line of said Section 25; thence along said east linc of section 25 South 02o06'59· East 2569.75 feet to the east I/4 comer of Section 25; thence continue along said east linc of Section 25 South 02000'46· East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or less; total parcel contains 2076.28 2,072.88 acres more or less; .2C abject to ~-.ascmcnts and restrictions of record; bearings are based on the State Plane Coordinat~ 1983 datum 1990 adjustment, tt~¢ noah line of Section 35, being N'orth 89°45'35'' East. o Applicant (name, address, phone). WCI Communities 24301 Walden Center Drive Bonita Springs, Florida 34134 Authorized Agent (name, address, phone). George L. Varnadoe, Esquire Young, ','an Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Location (City, County, Township/Range/Section)of approved DRI and proposed change. The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, Collier County, Florida. Provide a complete description ofthe proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, devel6pment order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requestei:i by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh DRI was originally approved by Collier County in 1995 (DO 95-1; Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail commercial (gfa), 350,000 square feet of office space (including up to 100,000 square feet of medical office), 280 hotel units, and 36 holes of golf. An approved 1997 NOPC (DO 97-4; Resolution No. 97457) decreased the number ofdwelling units to 5,100 units and decreased retail and office uses by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. WCI Communities/a proposing minor revisions to the Pelican Marsh Master Plan to reflect changes in the amounts of three previously approved land uses. The proposed changes are an increase of 50,000 square feet of leasable retail commercial use (adding 57,500 square feet of gross floor area), an increase orS0 hotel rooms and a decrease by 25,000 square feet of medical office use. These changes are reflected on the revised Pelican Marsh Master Plan (proposed) attached as Exhibit "A.' - 2 - The chart on thc following page describes the uses originally approved in Iht 1995 Pelican Marsh Development Order (DO 95-I) and thecbanges resulting from both thc NOPCapproved in I997 and the proposed changes that are the subject of the current application. With these proposed changes, considered cumulatively with the previous NOPC, the Pelican Marsh DRI has been reduced by 500 dwelling'units, 172,500 square feet (gfa) of retail, and 175,000 square feet ofoffice use since the 1995 DO was issued. There has been a cumulative increase of 27 golf holes and increases of 36.4 acres of conservation area and 55.2 acres of open space. With the proposed addition of S0 hotel rooms, the number of approved rooms will total 450. No additional land is being added to Pelican blarsh and there are no proposed chan/2cs to the phasing, commencement or buildout dates, or to the currently approved development order conditions and requirements. A traffic analysis prepared by David Plummet & Associates, attached as Exhibit "B," establishes that the changes will not have a significant or adverse impact on the regional roadway system. The proposed changes do not constitute a substantial deviation from the currently approved Pelican blarsh DRI. ' - 3 Complete the attached Substantial I)cviation I)ctcrmination Chart tbr all land use types approved in the development. Ifno change is proposed or has occurred, indicate no change. See Chart below. List all the dates and resolution numbers (or other appropriate identification numbers) of;dl modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of thc previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has thc annexing local government adopted a new DRI development order for thc project? The Pelican Marsh I)RI (DO 95-I) has been amended twice, as described behm': Collier County approved Development Order 95-5, hy l~,esolution No. 95- 555, on September 26, 1995. The change consisted of a new legal description and corresponding plan and texl chan~es to reflect the addition of one (1) acre of land to the project. Collier County issued Development Order 97-4, (Resolution 97-457) on December 9, 1997, which approved the applicant's NOPC with the land use changes shown on the above chart following question number 5. Describe any lands purchased or optioned within ¼ mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 'A mile on a project master site plan or other map. WCI Communities has an option to purchase, during the year 2000, 15I acres of land on the east side of the future Livingston Road. A legal description of this parcel is attached hereto as Exhibit "C." Indicate if the proposed change is less than 40% (cumulatively with other prcvious changes) of any of the criteria listed in Paragraph 380.06(I 9), Florida Statutes. Do you believe this notification of change proposes a change which meets thc criteria of Subparagraph 380.06(I 9)(e)2., Florida Statutes? YES NO X - S I0. Il. 12. 13. Does the proposed change result in a change to the buildout date or an5' phasing date of the project'?. If so, indicate the proposed new buildout or phasing dates. No changes are proposed. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9.1-2.025, Florida Administrative Code: See attached proposed Development Order, attached as Exhibit "I)." An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. A copy of the approved master plan is attached as Exhibit "E" and a copy of the proposed plan is attached as Exhibit "A.' Pursuant to Subsection 380.06(19)(0, Florida Statutes, include the precise language that is being proposed to be deleted or added as an ,amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See proposed Master Plan, Exhibit "A' and revised Development Order, Exhibit "D.' There are no proposed changes to phasing or buildout dates, nor to existing DO requirements and conditions. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; No land is being added to Pelican Marsh. There is no change to the legal description. 12C 1 do Co A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. A proposed amended development order termination date that reasonably reflects thc time required to complete the development; No change. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and ' No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom thc report is submitted as specified in Subsection 9,/-2.025 (7), F.A.C. No change. - 7 - 12[. I SIiBSTANTIAL DEVIATION DETEI~MINATION CIIART TYPE OF CIIANGE PROPOSEI) ORIGINAL I'REVIOUS I)O LAND USE CATEGORY PI.AN' PLAN CIIANGE & DATE: COLLIER COUN'IrY D.O. 97.4; RES. NO. 97-457, Dec. 9, 1997 Attraction/ n Parking Spaces 400 ~no change} 400 4o(~ Recreation # Spectators #Seats 750 (,no chang, e} 750 750 Site Iocational chan.ees See Map "H-2" See Map "H" Acreage, including drainage, v.'ithin gO-acre 15 acres within gO-acre "activity center" ROW, easements, etc. activit,v center # External vehicle trips D.O. conditions ADA re?rescntations ,, Airports Runway (len~h) N/A N/A N/A , Runway (,stren.~th} Terminal(~ross sq.ft.) # Parkin.e spaces # Gates · Apron area(gross sq.fl.) Site Iocational ch~,ees Airport acreage, including drainase, ROW, easements, etc. # External vehicle trips I D.O. conditions ~ ADA representations [ Hospitals # Beds N/A N/A N/A . # Parkin~ spzces Building {'gross SCl.fL) Site Iocational changes Acreage, including drainage, ROW, easements, etc. # External vehicle trips D. O. conditions ADA representations - 8 - 12C I TYPE OF CIIANGE PROPOSEI) ORIGINAl, I'REVIOUS I)O LAND USE CATEGORY PLAN PLAN CIIANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 9?-457, Dec. 9, 1997 Industrial Acreage, including drainage, N/A N/A N,'A ROW, easements, etc. # Parkin~ Spaces Building (gross sq.ft.) # Em pIo,vees Chemical Storage (barrels and lbs.) Site locational chan~es # External vehicle trips D. O. conditions ADA representations Mining Operations Acreage mined (year) N/A N/A N,'A Water withdrawal (gal/day) Size of mine (acres), including drainage, ROW. easements, etc. Site Iocational changes # External vehicle trips D. O. conditions ADA representations Ol'~ce Acreage, including drainage, within 80-acre 20 acres within 80-acre "activity center" ROW~ easements? etc. "activitT center" Building ~ $q.fL) 175,000 ~.fl. (up 350,000 sq. ft. (up 200,000 sq.ft. (up to 50,000 sq.fl. to 25,000 sq.fL to I00,000 $q.fL medical office) medical office) medical office) # Employees Site Iocational chanses See Map H-2 See Map "H" # External vehicle trips D. O. conditions A DA representations - 9 - TYPE OF CIIANGE PROPOSED ORIGINAL I'R. EVIOUS I)O LAND USE CATEGORY PLAN PLAN CilANGE & DATE: COI.LIER CO[.INTY D.O. 97-4; RES. NO: 97-457, De.". 9, 1997 Petroleum/ Storage capacity. N/A N/A N/A Chemical Stor~age (barrels and/or lbs.) Distance to navigable ~'atcrs Site Ioc..ational chan~es Facility acreage, including drainage, ROW, easements, etc. ... tt E×temal vehicle trips D.O. conditions ADA representations Po_frs uSl,,rinas) # boats, we~ storage N/A N/A N/A # boats, dry storage Dredge and fill (cu.yds,) Petroleum storage (gals.,) Site Iocational chan?s Port acreage, including drainage. ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Rg~identlal # Drilling units 5,1 O0 5,600 5,1 O0 Type of dwelling units (no change) Acreage, inc. drainage, ROW, 576,8 acres 859 acres 576,8 acres easements~ crc. (no change) Site Iocalional chartres See Map H-2 See Map "H" See Ma~cr Plan ti External vehicle trips D.O. conditions - 10 12? 1 TYPE OF CIIANGE PROPOSED ORIGINAL I'REVIOUS DO LAND USE CATEGORY PI,AN PLAN CIIANGE & I)ATE: COLI,IER COUNTY D.O. 97-4; RES. NO. 97.457. Dec. 9, 1997 Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center" Service ROW. easernents, etc. "activi ,~, center" Floor space (gross sq.ft.) 402,500 gross 575,000 gross 345,000 gross sq.fl. sq.ft, sq.fl. # Parking spaces # Employees Site loc#rio#al chan,ees See Map "11-2' Sec Map "If" # External vehicle trips D. O. conditions A DA Re?resentations ~l"otel # Rental Units 450 rooms 280 rooms 400 roorns Floor space (gross sq.fl.) # Parking places # Employees Site Iocational chart,ecs Sec Map "1t-2" See Map "l-t" Acreage, including drainage, within gO-acre within 80-acre "activity center" ROW, easements, etc. activit~ center ' # External vehicle trips D.O. conditions ADA representations 1 '" R..V. Park Acreage, including drairt~gc, N/A N/A N/A ROW, easements, etc. # Parking spaces Buildings (gross scl.ft.) # Employee~ Site loc#rio#al changes # External vehicle trips D.O. conditions ADA representations - ll - TYPE OF CtlANGE I'ROPOSED ORIGINAl., PREVIOUS I)O I,AND USE CATEGORY PI,AN PLAN CIIANGE & DATE: COI,LIER COUNTY D.O. 97-4; RF~. NO. 97-457, Dec. 9, 1997 e {'all Acreage natural and 114.2 acres (no 59 acres 114.2 acres change) vegetated) Site Iocational chan~cs See Map "1{-2" Type of open space non-impervious D.O. conditions surfaces=~ i A DA r_.~prescnta!ions on, ButTer Acreage 330.4 Acres (no 294 acres 33{).4 acres or Special change) Site Iocational chart,ecs See Map "H-2" See Map .._._.__ D.O. conditions __ ADA representations - 12 - 1 o Exhibit "B" -- 1 'i ! Exhibit "B" -- May 14, 1999 Ms. Donna Harris Department of Community Affairs Division of Resource Planning & Management 2740 Centerview Drive Tallahassee, FL 32399-2100 Re: Development Order 99-2/Resolution 99-234 for Pelican Marsh Dear Ms. Harris: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida on Tuesday May 11 1999. ' , , Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk /ejh Enclosure laC 1. May 11, 1999 Mr. Dan Trescott Southwest Florida Regional Planning Council P. O. Box 3455 North Ft. Myers, FL 33918-3455 Re: Development Order 99-2/Resolution 99-234, for Pelican Marsh Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida on Tuesday May 11 1999. ' ' ' Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk /ejh Enclosure DE STATE OF FLORIDA PARTMENT OF COMMUNITY AFFAIRS 'Helping Floridians create safe, vibrant, sustainable communities' STEVEN M. 5[IBIRT S~ rotary Mr. Ronald Nino, DRI Coordinator Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34103 June 15, 1999 Re: Pelican Marsh Community DRI: DCA Project File No. ADA-0994-007 Review of Adopted Amendment to the Development Order Dear Mr. Nino: We have completed the review of the adopted amendment to the development order (D.O.) for the Pelican Marsh Community Development of Regional Impact (Collier County D.O. Number 99-2; and Resolution 99-234), adopted on May 11 1999 and rendered to the Department on May 14, 1999. ' It has been determined that the revision to the development order meets the requirements of Section 380.06(I 5), Florida Statutes, and Rule 9J-2.025, Florida Administrative Code. 'The Department has no comments relating to the subject D.O. and ,,','ill not appeal its adoption. If you have any questions or comments regarding this matter, please call .loseph Addac- Mensa, Planner II, or Roger Wilburn, Community Program Administrator at (850) 487-4545. Sincerely, Bob Cambric, AICP Growth Management Administrator Be/jam cc: Dan Trescott, DRI Coordinator, Southv.'est Florida Regional Planning Council Dwight E. Brock, Clerk Collier County George L. Vamadoe, Esq.,Young. ,.'an Asscnderp & Varnadoe, P.A. 2555 SH UMARD OAK BOULEVARD ' IALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-§466/Suncom 278-8466 FAX: {8501 921.0781/5uncom 291-07~1 Inlerne~ addros,~: h~tp l/www.~.latr..fl us/comaf~/ IrLORIDA ~7~ ~ H~ay, ~ 212 ~ea ~ Ct~al State. C~em Nap[es DaiLy Nevs NapLes, FL ~102 Affidavit of PubLication Naples DaiLy Ne~s BOARD OF COUNTY CC~HLSSIONERS ATTN: TONYA PHILLIPS PO BOX 411016 NAPLES FL 36101-~O16 REFERENCE: 001230 /.082101056481 57870002 97-37 NOTICE OF INTE State of FLorida Co~ty of CoLLier Before the undersigned authority, personaLLy appeared B. Laeb, uho on oath says that she serves as the Assistant Corporate Secretary of the Nap[es DaiLy Ne~s, a daily newspaper published et Naptes, in ColLier County, Florida: that the attached colm/ of Advertising vas published in said newspaper on dates listed. Affiant further says that the said NapLes Daily Nas is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second cLass ~eiL aatter at the post office in NapLes, in said CoLlier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proetsed any person, fire or coporation any discount, rebate, comission or refund for the purpose of securing this advertisement for pubLicatio~ in the said newspaper. PUBLISHED ON: 0~/~ Al) SPACE: 116.000 ZNCH FILED 0~1: Signature of Affiant 97-37 NOTICE OF INTENT TO CONStI:~R ORDINANCE N¢~1¢. IsherTUeb~Sl~AY,eh that on MAY 11, 1999, In Boo~d~n. 3~d Floo~, me~ff Cartier, 3301 Tomiaml Trail, Naple~, PlorJd~, fhe ~ord Co~rffy Commissioners wt,I consider fl~e enod. men~ of o Ordhqonce It ~ follows: ADOPT AN ORDI- NANCE AMENDING ORD~N ANC~ NO. THG RECLAIMED WA. TER SYSTEJ~ ORCH. NANCE; BY ADC)lNG SUBSECTION B TO SECTION TtA~EN T Y-- THREE. CUSTOI~ER'S ON-~ITE REU~ TEM; TO ESTATBLISH POLICY REGARDING RATES THAT THE COUNTY'S RE- CLAIMED WATER CUSTOMERS MAY UTILIZE TO PASS-- THROUGH DIRECT COTS TO I~I~DUAL E~ U~RS' ~O~- lNG FOR 'INCLUSIN INTO T~ C~ OF LAWS AND ORDI- NANCES; PROVlDIt4G F~ C~FL~T ANg SE~R AB~ITY; ~O- rIDING AN EFFEC- TI~ DAT~ ~1~ of ~ ~r~ed ~dl~e ~e ~ file ~CI~ ~dond ~e ~iioble f~ In~c- ~ All I~eresf~ ~e Invff~ to ~ ~d ~ he~d. NOTE: All ~ersons ~ ~m m~t re~s- ~ w~ ~e ~ mlnl~tratorPRIOR to ~ ~ to ~ ~r~s~. ~ ~. T~ ~ledl~ ~ ~ on m~lz~l~ rec~Jz~ by ~ C~lr. ~ o ~e~ f~ Per~ons wlshl~ to ~rd ogendo packets o ~ln~um ~ 3 ~s ~ ~ ~ r~ve m~ ~ ~e ~e ~ St~ o minimum ~lc ~ All ~. c~ o ~m~ ~ ~ r~ Any ~r~ ~ ~ld- ertoInlng ~erelo ond ~e, ~ ~ to ~e ~ o v~m h ~, wh~hr~d ~OARO OF COUNTY COLLIER COUNTY~ FLORA PAMELA S. MAC'KIE, ~mWO~N DWIGHT E. BROCK, ~ c;~ 12i 2 COLI,IER COUNTY FI,ORIDA REQUEST FOR LEGAL ADVERTISING OF I'lqH.IC ItEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advemsement [] Other: (Display Adv.. location, etc.} Originating Dcpt' D,v: Public Works - Operam~ns Dept. Person: Ann .Marie Saylor Date: 3,, 15,9t,~ Petition No. (If none. give brief description I: Ordinance Amendment Petitioner: (Name & Address Name & Address of any personlsl to he notified by ('lcrk's Office: lit'more space is needed, alta,th separate shccll Hearing before X BCC BZA Other Requested Heanng date: (Based on advertisement appearing Io days before hearing. ).lay 11. Newspaper(s) to be used: (Complete only it' importa:~tl: X Naples Daffy Nev,'s [] Other ~ l.c~ally Required Proposed Text: (Include legal description & common location & Size: ,An Ordinance amendmu~ {)rdmancc No. 9'7-37. thc ('oilier Count' Reclaimed Water System ordinance: by adding subscctmn lB} to section twenty-three. "cus;omcr's on~s~tc reuse system" to establish policy regarding rates that the County's reclaimed v,'atcr customers ma,,' utilize to pass-thr, ugh direct costs m individual end users: providing for inclusion ,nto thc code or' laws and ordinances: providing fo'r conflict amt scvcrabilitv: prov"hnu an effective date. · - Companion petmon(s), il' any & proposed hearing date: Does Petition Fee include adverusmg cost'? ~ Yes 210105-648160 Reviewed i~v: '""-'~ . ~ Di,~ion A~t~)esignce Dat~; // Il'Yes. ~lllat account should be chaigcd for advertising List Attachments: Ordinance I)1['I'11, I Ill fi'lOS [~.q'I'R For hearingsbefl~reBCCorl;ZA: Initiating person to complete une coy and obtain Division llcadapprov..dbefore submitting to County .Manager. Note: lflegaldocument isinvolve¢l, be sure that anv necessary legal review, or request for same. is submitted to Counlv Attornev before suhmittinR to County .Mana[ler. Tile Manager's office will distribute copies: [] County,Manager agenda file: to Clerk's Office [] Requestinlg i)i,,ision [] Original B. Other hearings: lniuating Division head to approve and sub:mt original to Clerk's Office. retam:ng a cop.-,, fi~r file FOR CLERK'S OF~'ICE USE ONLY: / / Date Received: ?//..Z/ ~ Date of Public hearing: ............. 3,~ Date Advertised' .... ~ ............................................ IIII ................ III ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 97-37, 'l'ilE RECLAIMED WATER SYSTEM ORDINANCE: BY ADDING SUBSECTION B TO SECTION TWENTY-THREE, CUSTOMER'S ON-SITE REUSE SYSTEM; TO ESTABLISIt POLICY REGARDING RATES TIlAT TIlE COUNTY'S RECLAIMED WATER CUSTOMERS MAY UTILIZE TO PASS-TllROUGII DIRECT COSTS TO INDIVIDUAL END USERS; PROVIDING FOR INCI,USION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFI,ICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 12[ 2 a (H~,III~/~NC'I,~N().q~-__ 1 2 , ~ Tile (]()l,l,lgl~ ('()U~'I'Y IH,]('I~AIMEi) WATI,]R ()RDINA~('I,~: llY AI)I)I~(~ ~UIIgE("I'I()N (11) '1'~ (;UST()MEI~g MAY I;TilAZE '1'() I)IRECT ('()S'l'S 'i'() INI}IVIi)UAI, ENI) I'ROVII)iN{; Ff}R INCIAISI{)N IN'F{} Till.: I.AWS AND ()RI)INANCES: PR(}VII)IN(; FOR ('(}NI:I,I('T AND SEVEiiAIHI,ITY: I'R{)VIDIN(; AN WIIEI~,EAS..n May 12. P}97. t]~' Ihmrd .f('nunlv ('ommissi.m.~s ~,1 ('oilier ('otmty. Florida. as Ibc (;ovcrning llodv ol'( 'oilier ('rarely. ('ounly Ordinance No. 97-37. a rcclahucd walcl' syslcnl {}nlin;mcc. g,,vctning policies, procedures and c,miitions regarding Ihe use of thc ('mmlv's reclaimed water system: and WIIEREAS. the l~oard of ('ourltv Commissioners dcshcs l- amend Ihal Ordinance 1o authorize sui)melering an(J aJJocilJiOI1 or direct c.sls in acc()rd:mcc WiIII existing policies and procedures applical}le h) tmlalfle water sulmlclcring and :dlocatmn ()f(lirccl costs. NOW. TIII':IiEI:¢)IH.L lie IT ¢)I{I)AINEI) liY TIlE II()ARI) ()1" ('()IJN'I'y ('(),M,MINSI()NERN ¢)F {':(JlA.lEI{. ('()liNTY. FI.f)ItIIJA. Ag TIlE II(}i)Y ()F TIlE (:OIA,IER COLINTY 'sV,\'I'EI~,-,gEM,'ER I)INTRICT. lhnf: A.MI.~NI).M EN'I'S T() ,qI,:C'TION TWENTY-TIIIH':E ()1" OIH)INANCF~ N(). 9?-37 - (~tJST()~iER'S ()N-SITE S'VS'I'EM. Secti.. (vrenly-lhree of ()rdinance No. 97-37 is herehy ame.dc(I l)v ad(linE a new sul)secti()n (B) fherefo, which reads :is folh)ws: A: Thc applicant shall, at ils expo'nsc, cm)strucl all necessary on-site ~cusc facilities stlch as pipes, stmagc facilities, and spray or sl,riukler fhcilitics li)r I% reu:~c ,,f' reclaimed ~valcr. 'Ibc applicant sh:fl[, at its expense, c.r~strucl all ueccssary h':msmissim~ mains, re-pump slations and appurtcnnnt impmvenmnls for transmitting reclaimt.d water from tile Coul~ty tr;msmissiun system 1o Ihe applicanl's site. LL C~ll_cr may a~.p_v..rtion its m~IllthL~hargcs [}nit] to thc Cullicr_Cmug~ ~tcr/S~wcr~istrict fCCWSD) fox~l~rjgiltio~ice by equal apportionmenk by instal~ion of std~lllClg~ or apportiomn~t is fair itl)~lO{ unrc~L~onably di~Ja~tory, an~ is Jimilgskt~~(' ~lc Customcr's acluaJ direct c~t~ in obtaining Ibc r~tive ~trict and. in turn. providing same Io thc ~l~s. administrative and_~pital cos~~g~algtLfllCf~'zo.y_~i~f intemal.us¢rs as described in this subsection flin~¢d to dir~ls pas~-~tough) doe~ not constitutc sale or disposilion of rcclai~O.~tix~s~n, ice. ~ten requ¢st for same~ll~mcr flint rc~uesthl~rlal user. documentation tt~ ~mx~he Cu~uer's ab~xc-tlc~jl~d to allocate those c~s~ to lh~uLezlTifl ~~providgd_lo thc rcs~c~t~c, zg~~rm~mcz.u~lJat~r_th~uxf~.u (5) busines~ d.ays a Ftcrr~qcil~the ~t~;~mcr of ~N_-I~: C'()NI:I,ICT ,",NI) ,";EVI",II. IIIii,I'I"Y. In thc event Ibis Ordinance conflicts with any olher ()rdinmlcc oft 'oilier ('~,mlly or oilier applicable law, thc more restrictive shall apply. Il'any section. or portion of this ()rdinance is Ibr any reason held invalid or unconslitufiomll hy any court of'competent jurisdiction, Stlch pollion shall be deemed a separalc, dislimq. imlepcndcnt provision and such hokling shall iml ark'ct the validily of Ihe rcmainiug portions of this orditmm.e. .S_'E_Q'I'J_,~:N,.~' 'J.I_LR~I;;: INCI,USI¢)N IN TIlE C()DE OF I,AWS A~D ¢)IIDINAN( ES, The provisions of lifts ordinance shall become am] be mmlc part [,aWS [llld (')[tiJIIllIICCS of' ('_'oilier ['ouilty. Fhn"Jd;i. Thc seclil~ns rcnumbcrcd nr re-]cllered lo accomplish such ami Ihe word "ordinance" may hc charrgcd lo "scct'on '. "article' or any other appmprialc word. ' 5g_(,"J.:I_Q~I'.:.Q_I.J.g: EI:FI.:¢71'iVE DATE. This Ordiuance shall become effective upon rcccip! nf nolicc Ihal Ibis ()nlin:mcc has been filed with thc Sccrcla .fy of State. PASSED AND I)(JI,Y Al)Olrl'lfl) hv Iht f~oanl oft"ounly ( 'omuussi~mcrs of Collier County. Florida. this day tlr A'VI'EST: I)WIGItT 1!. t3ROCK. Clerk IJcputy Clerk Approved as lo fomi ami lcgal sufficiency: Thomas C. [ almer Assistant County Attorney h:lcp/Ord. 99. Reuse nf Reclaimed Waler I~(,~ARI) OF ('()UNTY (;OMMINSI()NF.R,q F.X-OFFICIO TIlE GOVI!RNIN(j P, OARI) (')Ir 'FIFE COI,LIER COt;N'FY WATER- SEWER DISTRICT F'AMEI,A ,q. MAC'KIE. ('hai~vomau del mcd afc added: w,,rfls '.m4ck~br,m~h aie t e crc I ,~.~:~: PAM' PERRELL ~: NAPIF~ ~AIIY NFW~ 4rgA't) April 22, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance amending Collier County Ordinance 97-27 Dear Pam: Please advertise the above referenced notice one time on Friday, April 30, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 408-210105-648160 NOTICE OF INTENT ~O CONSIDER ORDINAN__C~ Notice is hereby given that on TUESDAY, F~AY 11, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ADOPT A/~ ORDINA/~CE A/~ENDING ORDINANCE NO. 97-37, THE RECLAIMED WATER SYSTEM ORDINA/~CE; BY ADDING SUBSECTION B TO SECTION TWENTY-THREE, CUSTOMER'S ON-SITE REUSE SYSTEM; TO ESTABLISH POLICY REGARDING P~TES THAT THE COUNTY'S RELCAIMED WATER CUSTOMERS MAY UTILIZE TO PASS-THROUGH DIRECT COSTS TO INDIVIDUAL END USERS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SERVEP~BILITY. PROVIDING AN EFFECTIVE DATE. ' Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ~ NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered b}, the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. 5%AC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) ¢)RIHNANf'E NO. 9Il- _3q_ AN ORDINAN'CE AMENDING ORDINAN('E Nf,. 97-~~ ' ~ TIlE COl,i.iER COUNTY RECI,AIMED WATER SYSTEM 'j~ ORDINANCE: BY ADDING SUBSE~ION (BI TO SECTION TWENTY-TilREE. ~CUSTOMER'S ON-Sll'E REUSE SYSTEM" TO ESTABLISll POi. ICY REGARDING RATES TIlAT Tile COUNTY'S RECI,AIMED WATER CUSTOMERS MAY UTiI,IZE TO PASS-TliROUGI! DIREC~ COSTS TO INDIVIDUAl, END USERS; PROVIDING FOR INCI, USION INTO TilE CODE OF i.AWS AND ORDINAN('ES; PROVIDING FOR ('ONFl,l(,T AND SEVERABIi,ITY: PROVIDING AN EFFE('TIVE DATE. ~A'IIEREAS. on May 12. I,~,,,~. thc Board of ('ountv ('ommlssioncrs ('oilier ('ounly. Florida. as Iht ( lox crmng ll,~dv ol'('ollicr ('OUnlV. enacted ( 'oilier ('ountv Ordinance ~,. ';7-37. a reclaimed xvalcr syslcm Ordinance. ~licics. pr~cdurcs and conditions regarding Ibc use of Ibc ('ounlx's reclaimed water syslcm; and WllEREAS. thc Board of ('OUnlV ('ommissioncrs desires Io amend Ihal Ordinance to authorize submctcring anti all<alion of dir~l costs in accordance wid~ cxisling ~licles aml pn~cdures applicable lo polable waler submelering and allocation ofdJrecl costs. NOW. 'FIIEREFORE. BI-; IT ORDAINED BY TIlE BOARD OF COUNTY COSI.MISSIONERS OF COI.I.IER (,O['NTY, FI.ORIDA. AS Tile (;¢)VERNIN(; BODY OF TIlE COI.I.IER COUNTY ~,VA'rER-SEWER DISTRI¢TF, Ihal: SECTION ONE: AMENDMENTS TO SE¢'TION TWENTY-TiiREE OF ORDINAN('E NO. 97-37 - CUSTO.MER'S ON-SITE REUSE SYSTEM. Section twenly-lhree of Ordinance No. 97-37 is herebv amended by adding a new nubneclion {B) lhereIo, which rea{in an follown: 3,. 'ibc applicant shall, al its expense, construct all ncccssarv on-silo reuse facilities such as pipes, storage facilities. :md spray or ',prinklcr facilities for d:c reuse of reclaimed water. The applicant shall, at its expense, conslruct all necessary transmission mains, re-pump stations and appurlenant improvements for transmitting reclaimmI water from the County transmission system to lhe applicanfs site. LLCustomer may apportion its monthly charves oaid to thc (_'oilier County ~,' ; -v,' ' ' ''W .. . : .,. 7 ' . . . . by equal apportionment, by mS~ubmclers, or olhe~,.'isc, orovided apportionment is fair and nol ttnrcasonabl3: discrinfinalor~and is litlaLq_d.l.~LLq. C..~crv thc Customer's actual direct costs in obtain,,~ ti~c respective irl'iga, lion service from thc District and. in turn. providing same to the in[cmal users, including the Cuslomcr'~ internal users as described in this subsection dimited to direct c~val$ pass-through! dot~ not constitute sale or disposition of reclaimed irrigation service. Upon an internal uscE.~ written request for same. the Customer shall, at no cost to the internal ~L~i~O~.~o that recauesting internal user. documentation lo prove thc Customer's abovc-dcsc_rib~ actual direct costs, includ,ng i: ~xillcn explanation of thc basis utilized by the Ctblomc£ to allocate those costs to that internal user for that service. Such written ~roofand r, atllani~on shall be provided to thc I'~lix'c requesting internal user not l~lcr ~L~-Dt~-l~-ak ciD's alier LCco~b~!.b.'c_(.'X~,:m~- o f that uscrLt.xvnLtca, r,:auc..~Lfi, o.L~a~ 12C 2 ~: ¢'O:N'FI.IC'r A,NI) In the evenl lhi., Orthnancc conllicls ~ ilh any olher Ordinance ,~l'(',,Hicr ('oumv or other applicable law. thc more reslrictl~'e shall apply. If any section, phrase, scntenc~ or potion of this Ordinance is for any reason held invahd or t~nconsl~lulional by any cou~ ofcompelcnl juri~iclion..,ach pnflion shall be deemed a scparalc, distinct. ind~cndcnt provision and .,ach holding shall not affecl Ibc validilv of thc renmmm~ potions of this ordinance. SEC~I'iON TilREE: INCI.USION IN TIlE ('()DE OF I.A~VS ANI) ¢)RDINAN¢'ES. l'he provisions &this ordinance shall become and I~ made parl of linc ('ode of I.aws and ¢)nhnances of ('oilier ('ounly. Florida. Thc scclions o£ Iht ()rdmancc m;,v hc rcnumbercd or re-lcltcrcd lo accomplish .,ach and the word "ordinance" ma~ hc chamzcd Io "section". ~arliclc~ or an)' olher appropnale ~ord. ~: EFF'E¢?I'IVE I)ATE. 1 Ili., Ordinance shall become ¢ fR.'Cll~, ~.. upon reccipl of notice thal this ()r(linancc has been filc(I ~ ilh thc Sccrcla~, ,)f Slal~. PASS!!D .'",NI) DI;I.Y ADOPTED by the Board Collier ('ounty. Florida. this //~.. day of .~_._c~ ATTI:'ST: I)WIGIIT ['L BRO('K. ('lerk Dep,,ty Clerk ~ ;aa t.,.'r ~. Approved as to form and h:gal sullici,.'ncv: Tbom~ C. Palmer Assislant C'ountv Attorney h fop ¢)r,f '~,'. Reuse of' Recla,mcd Wak'r 12g 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-35 W"nich was adopted by the Board of County Commissioners on the llth day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of May, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: Ellie Hoffman, Deputy Clerk NapLes OaiLy News Naples, FL 36102 Affidavit of Publication Naples Oatly News BOARD OF COUNTY CO~,H[SS]ONER$ ATTN: TONYA PHILLIPS PO BOX 613016 NAPLES rL 34101-3016 REFERENCE: 001230 912501 57867357 VAC-99-009 t~TZCE OF State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, vho on oath says that she serves as the Assistant Corporate Secretary of the Naples OatLy Ne~s, a daily newspaper published at Naples, in :oilier County, Florida: that the attached copy of Advertising uas published in said newspaper on dates Listed, Affiant further says that the said Naples Daily Nays is a nevspeper published at Naples, in said Collier County, Florida, and that the said nevspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mai[ matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor pr~mised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/25 AD SPACE: 103.000 INCH FZLED ON: 04/26/~q ............................... :; ......... : ..................................... Signature of Affiant /'/-' ' -- ~ ~ ..... ;~ ...... 12C VAGe~.OOe NOTIC~ O~ Pb'~L lC HEMINO ng ~ Tuesday ~, ~d F~, z~ C~, E~ R~tzel & An~resl. A~ ~ Fo~ ~. ~lng ~ lng all rights ~ P~ ~ ~ce~ (Inorets/E~ss) r~ ~ In Faire ~lvl. evelopmen~ those r~ ~1~ ~ B~k 13, Paget Un~zT~. PIM ~ I?L ~ 101 ~ ~1~ ~, F~ ml~ ~ ~v ~ T~ by the Cholrmon~ a Persons wishing to ~a O~ ~ckefs m~t. ~ff ~ ~ o m~nlm~ M 3 wMsl ~ ~ ~ r~vel u~llc h~lng. In ~y c~, ~l~n ~s ~ t~ ~ ~ ~ ~C ~1~ All ~ r~ Any ~ ~ ~O OF COUNTY COLLIER COUNTY, FL~OA ' ~W~N DWIGHT E. BROCK, CLERK 120 3 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Bolrd: Please pllce the followinR I$ I: fi',/,t' Normal legal ,'\dvertxscmcnt FDisplav Adv. location, crc I ~'1 (Zher- Z212 'Z/" 'Z,::; .................................... ;)ate: Thursday. April 15, 1999 Petition No. (Il'none. give brief description) VAC 99-009 (FOXFIR.E-ROADS) Petitioner:. (Name & Address): FoxFu-e Commum ,~, AssociaUon of Collier County. Inc. 1030 Kings Way Naples, Fl. 34104 Name & Address oFany person~ s) to be nohl~ed by Clerk's Office- tlf more space ts n~'xJcd, attach '~-T~trate sh~tl 1) Kc'n Cuyler, Esq., Roctzel & A~dress 850 Park Shore Drive, 'Ihxrd Floor Naples. FI 2) See .'.'our list o£res~dents (approx. 1100 addresses)- tteanng Ix:lore/ff'/BCC B?.~, Other R~q,,.,~ H~nS,~,e: MAY 11, 1999 Ncwsl~per~s) Io b~ uspci: (Complete only ifimport~nO: ff'/~/ N,ple~ D~ily News O~h~r ~'*/ff l,e~lty Required Proposed Text: (Include leg,I description & common Ioc-tlon & Size: PETITION VAC 99~9 TO RENOUNCE AND DISCLAIM ALL R/GFITS AND INTER.E,STS OF TH~ COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND I'RAVEL UPON THE FOLLOWING ROADWAYS LOCATED WITH]~ FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PLAT B(X)K 13, PAGES ga ]}[ROUGH 86 AND FOXFIP,,E UNIT TI-[REE, PLAT BOOK 13, PAGES 101 THROUGH 103. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Compamon pention~si, if any & propose~ hearing date: Dce~ Petition I:~ incl~e adv~si~ ~? ~/~ y~ For Adv~i~g ~, c~ge to: P.O. 912501 For R~mg ~, c~ge to: I 13-13~312~30 Re~e~ bF ~~ ~t ~t~ m,~ [] No If Yes, u,'hat account should be chargert for udvertism8 Approved by:,. Cou~ Ach~str~or - Date IJ~ AV-achments: 1) RE,~OLU'I2ON I~ISTRJBbTION INS'I'RUCTIQ~.~ A.. For heartn~ b~for~ BCC or BZA: [nid~l:t~ FOR CLE~S O~I~ USE ONLY;." RESOLUTION FOR PETITION V~TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND TI::~VEL UPON THE FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PLAT BOOK 13, PAGES 84 THROUGH 86 AND FOXFIRE UNIT THREE, PLAT BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COUNTY TRANSPORTATION VEHICLES, PERSONNEL AND PERMI~-FING, AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Sections 336.09 and 336.10, Flodda Statutes, Kenneth B. Cuyler, Esq., as Agent for petitioner, Foxfire Community Association of Collier County, Inc., has petitioned the Board of County Commissioners to renounce and disclaim any dght of the County and the Public to access (ingress/egress) and travel upon the platted roadways located within Fox'fire Subdivision and Planned Unit Development, except as specifically set forth in this Resolution; and WHEREAS, the roadways are described as those platted roadways dedicated to the use of the general Public and located within Foxfire Units One and Three and legally described as follows: Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book 13. pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Flodda; and WI-IEREAS. the Board has this day held a public headng to consider the petition to renounce and disclaim the right of the County and the Public to access (ingress/egress) and 12C travel upon said roadways and rights-of-ways, except as specifically noted and provided below. and notice of said public hearing was given as required by law; and WHEREAS, the granting of this petition is intended to and shall only renounce and disclaim the Public's dght to access (ingress/egress) and travel upon such roadways, and all other easement dghts and County access rights as specifically described below shall be retained; THE BOARD OF COUNTY NOW, THEREFORE BE IT RESOLVED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board hereby determines and makes the following findings: a. The adoption of this Resolution to renounce and disclaim the dght of the County and the Public to access (ingress/egress) and travel upon thee below-described roadways, except as specifically retained and reserved herein, is in the best interests of the Public. b. The County shall have reduced maintenance and repair costs as a result of the Board's adoption of this Resolution. The adoption of this Resolution is not injurious to the Public welfare or the individual property rights of any easement holder ~r property owner. 2. The right of the County and the Public to access (ingress/egress) and travel upon the following platted roadways: Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Flodda; is hereby renounced and disclaimed. 3. This Resolution to renounce and disclaim the County and the Public's right to access (ingress/egress) and travel upon the above-described roadways shall not affect in any way easements which have been granted or dedicated through the plat to any service provider or other entity including, but not limited to, electrical utilities, telephone service providers, or cablevision providers including, but not limited to, Flodda Power & Light, Spnnt Telephone, United Telephone, Continental Cable and CVI Cable, and their successors and assigns. The access dghts of such service providers shall be unaffected by this Resolution. 4. The County does not disclaim or renounce, and specifically retains all rights for itself and all emergency services, the dght to ingress/egress and travel upon the above-described roadways for emergency services including, but not limited to, the Collier County Sheriffs Department or other law enforcement agencies, the East Naples Fire Control Distdct and other fire control entities, and Collier County Emergency Medical Services and other emergency medical providers. 5. The County does not renounce or disclaim, and specifically retains and reserves to itself, the dght to ingress/egress and travel upon the above-described roadways for purposes of providing the following: a. Stormwater Management Services; b. Engineering Services; and c. Installation, maintenance and operation of Utility Facilities and Services by the County or Collier County Water-Sewer District. 6. Further, the County specifically retains and reserves to itself the right to issue right-of-way permits by the Collier County Transportation Department for access to and installation. maintenance and operation of Facilities or Utilities within the above-described roadways and right-of-ways including, but not limited to, electrical utilities, telephone service providers and cablevisicn providers. 7. Maintenance and repair of the roadways described herein shall be the responsibility of the petitioner, Fox'fire Community Association of Collier County, Inc., after the effective date of this Resolution. BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the County and the Public to access (ingress/egress) and travel upon the above-described roadways shall be spread upon the minutes of the Commissioners as provided in Section 336.10, Florida Statutes. BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the Commissioners shall be published one time, within thirty (30) days following its adoption, in one issue of a newspaper of general circulation published in the County. Proof of publication of notice of public hearing, the Resolution as adopted, and the proof of the publication of the notice of the adoption of such Resolution shall be recorded in the Deed Records of the County. FURTHER, proper notations evidencing this Resolution shall be made on the plats of Foxfire Units One, Two and Three as legally described above. BE IT FURTHER RESOLVED, that this Resolution shall be effective upon its adoption. This Resolution adopted after motion, second and majodty vote favoring same. DATED: A'I-rEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency Heidi F. Ashton Assistant Collier County Attorney 4 PAlM PERRELL NAPLES DAILY NEWR 263-4703 '1.2C 3 ' 'h (2~m,~m~ ,m~rr~ c:OV]~) · l;rlm~: LISA STEELE County of Collier I 2C 3 CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTNOU~ 3~01 TAMIAMI ~RAIL E..~T PO. BOX 413044 NAPLES. FLORIDA 34101.~1~4 ClI~CUI! cour~T COUNTY COU~t Dwight E. Brock COUNTY ~ECORDE~ Clerk CLERK BOARD OF COUNTY COMMiSSiONErS April 19, 1999 Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition VAC-99-009 Dear Pam: Please advertise the above referenced notice one time on Sunday, April 25, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Maureen Kenyon Deputy Clerk Purchase Order No. 912501 12C 3 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 11, 1999, in the Boardroom, 3:~ Floor, Administration Building, Collier County Government Center, 3301 east Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VAC-99-009, Ken Cuyler, Esq. of Roetze! & Andress, Agent for Foxfire Community Association of Collier Count}', Inc. renouncing and disclaiming all rights and interests of the County and Public to access (Ingress/Egress) and travel upon the following roadways located within Foxfire Subdivision and Planned Unit Development: those rDadways depicted and described in the plat of Foxfire Unit One, Plat Book 13, Pages 84 through 86 and Foxfire Unit Three, Plat Book 13, Pages 101 through 103, Public Records of Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a grcup or organization may be allotted i0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAn; DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOU$~ 3301 TAMIAMI TRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34101.3B44 12C CIRCUIT COURT COUN1¥ COURt COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS April 19, 1999 Ken Cuyler, Esquire Roetzel & Andress 850 Park Shore Drive Naples, Florida 34103 Re: Notice of Public Hearing to Consider Petition VAC-99-009 Dear Mr. Cuyler: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, Deputy Clerk Enclosure Dwight lit. Brock Clerk County of Collier CLERK OF' THE CIRCUIT COURT cow~ cou~r~ cou~ou~ ~301 IAMIAMI ~AIL ~ PO, ~X 413~ N~S. FL~ ~101~ 12C CIRCUIt COURt COUNTY COURT COUNIY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS April 19, 1999 Foxfire Community Association of Collier County, Inc. 1030 Kings Way Naples, Florida 34104 Re: Notice of Public Hearing to Consider Petition VAC-99-009 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Maureen Kenyon Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUE~ COUNT'/COURIHOUS~ 3301 TAIMIIAMI TRAIl. EAST PO. BOX 413[~M NAPLES. FLORIDA 34101-3044 120 3 CIPCUI! COURT COUNTY COUR! COUNTY I~ECORDER CLERK BOARD OII: COUNTY COMMISSION~:RS April 19, 1999 Re: Notice of Public Hearing to Consider Petition VAC-99-009 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, Maureen Kenyon Deputy Clerk Enclosure Naples 0aily Nays Naples, FL 34102 Affidavit of Publication Naples Daily Nays BOARD OF COUNTY COHHISSIONERS ATTN: TGNYA PHILLIPS PO BOX 413016 NAPLES FL 3&101-3016 REFERENCE: 001230 912501 S7867357 VAC~99-OOg NOTICE OF State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who o~ oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily n.~spaper published at Naoles, in Collier County, FLorida: that the attached cc;y of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, tn said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 0~/25 AD SPACE: 103.0(X3 INCH FILED ON: 04/26/99 Signature of Affiant *** 2481462 OR: 2550 PG: 1866 *** R~CORDID in O~!IClA~ UCORO$ of CO~LIIR COUI?T, !& 05/2&/US) at 10:DAM OilGBT !. BROC[, CURl RI¢ U! ~.0O C0~I15 l.OO ~etB: ........................... Cbl~l tO ill BOA~ IX? T240 . NOTIC~ ~m~ hl~lng on Tuel~ov ~ 11, Kin Cuv~ ~ r~ Development: those r~ B~ 13. Paget 14 ~h 16 ~ FO~i Un~ T~ee. 13, P~ 101 103. ~lc Re~ C~I~ ~ NO~: ~1 ~ wl~ m~ ~ e~ ff r~z~ by the Cholrmon, ~e~ ~ ~0 m~~ ~m. Persons wishing to ~e ~n ~ ~lc ~ minimum ~ ~ ~ r~ bY~d~l~ m~ ~ ~ r~ Any Nr~ es ~ ~ a ~c~ ~l ~ o v~m r~d ~ ~ ev~e ~ BOARD OF COUNTY COLLIER COUNTY, FLORA PAMELA S. ~AC'KIE, ~WO~N DWIOHT E. BROCK, ~K B~/~ ~ Km~ NapLes OatLy News Naples, FL H4102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMHISSIONERS ATTN: TC~YA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #915846 578~/903 NOTICE OF ADOPTION N State of FLorida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a da~ly newspaper published at Naples, in Collier Co~Jnty, FLorida: that the attached cody of the advertising was published in said newspaper o~ dates Listed. Affiant further says that the said Naples OaiLy News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously l~dblished in said Collier County, FLortds, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid r~r pro~t~ed any persr-~, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBL[SHEO ON: 05/16 AD SPACE: 60.000 INCH F%LED ON: 05/17/99 , , , Signature of Affiant ~.'~.', ~ '/~, / ' ""dd .',~,"' *** 2481464 OR: 2550 PG: 1871 *** RICOLOID JO OUICIAL RICORDS 0! COLMIR COON?T, Iai CLIRK 10 TH] BOARO ......................... ~?IROUICl &TH ~LOOR IX? 7240 c mil ~ RESOLUTION NO 99- 235 RESOLUTION FOR PETITION V~TO REN(¢~¢NCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF filE COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PUA'r ROOK 13, PAGES 84 THROUGH 86 AND FOXFIRE UNITTHREE PLAT BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECOr~DS OF COLLIER COUNTY, FLORIDA; PROVIDING FOF' THE CONTINUING AND UNAFFECTED RIGHTS OF EA,~,FMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SE[:~VICES, COLLIER COUNTY WATER MANAGEMENT VEHICLIiS AND PERSONNEL, COLLIER COUNTY TRANSPOF ;ATION VEHICLES, PERSONNEL AND PERMITTING, AND ~,.?LLIER COUNTY WATER-SEWER DISTRICT VEHICLE~; AND PERSONNEL; PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Sections 336 09 and 33610, Flonda Sta~ ;:es. Kenneth B. Cuyter, Esq., as Agent for petitioner, Foxflre Community Association of C ...',,-.:r County, Inc., has petitioned the Board of County Commissioners to renounce and discla~r" any right of the County and the Public to access (ingress/egress) and travel upon the platted .¢adways located within Foxfire Subdivision and Planned Unit Development, except as spe, ',-:atly set forth in this Resolution; and WHEREAS, the roadways are described as those platted roadw ~. ~ dedicated Io the use of the general Public and located within Foxfire Units One and Three .":~ legally described as follows: Those roadways depicted and descnbed m the Plat of Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Flodda; and WHEREAS, the Board has this day held a public hearing to consider the petition to renounce and disclaim the right of the County and the Public to access (ingress/egress) and travel upon said roadways and rights-of-ways, except as specifically noted and provided below, and notice of said public hearing was given as required by law; and WHEREAS, the granting of this petition is intended to and shall only renounce and disclaim the Public's right to access (ingress/egress) and travel upon such roadways, and all other easement rights and County access rights as specifically described below shall be retained; THE BOARD OF COUNTY NOW, THEREFORE BE IT RESOLVED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board hereby determines and makes the following findings: a. The adoption of this Resolution to renounce and disclaim the right of the County and the Public to access (ingress/egress) and travel upon the below-described roadways, except as specifically retained and reserved herein, is in the best interests of the Public. b. The County shall have reduced maintenance and repair costs as a result of the Board's adoption of this Resolution. c. The adoption of this Resolution is not injunous to the Public welfare or the individual property rights of any easement holder or property owner, 2. The rigl~t of the County and the Public to access (ingress/egress) and travel upon the following platted roadways: Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Florida; is hereby renounced and disclaimed. 3. This Resolution to renounce and disclaim the County and the Public's right to access (ingress/egress) and travel upon the above-described roadways shall not affect in any way easements which have been granted or dedicated through the plat to any service provider or other entity including, but not limited to, electrical utilities, telephone service providers, or cablevision providers including, but not limited to, Flodda Power & Light, Sprint Telephone, United Telephone, Continental Cable and CVI Cable, and their successors and assigns The access rights of such service providers shall be unaffected by this Resolution. 4. The County does not disclaim or renounce, and specifically retains all rights for itself and all emergency services, the right to ingress/egress and travel upon the above-described roadways for emergency services including, but not limited to, the Collier County Sheriff's Department cr other law enforcement agencies, the East Naples Fire Control District and other fire control entities, and Collier County Emergency Medical Services and other emergency medical providers. 5. The County does not renounce or disclaim, and specifically retains and reserves to itself. the right to ingress/egress and travel upon the above-described roadways for purposes of providing the following: a. Stormwater Management Services; b. Engineering Services; and c. Installation, maintenance and operation of Utility Facilities and Services by the County or Collier County Water-Sewer District. 6. Further, the County specifically retains and reserves to itself the right to issue right-of-way permits by the Collier County Transportation Department for access to and installation, maintenance and operation of Facilities or Utilities within the above-described roadways and right-of-ways including, but not limited to, electrical utilities, telephone service providers and cablevision providers. 7. Maintenance and repair of the roadways described herein shall be the responsibility of the petitioner. Foxfire Community Association of Collier County, Inc., after the effective date of this Resolution. 3 BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the County and the Public to access (ingress/egress) and travel upon the above-described roadways shall be spread upon the minutes of the Commissioners as provided in Section 336· 10, Florida Statutes. BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the Commissioners shall be published one time, within thirty (30) days followin9 its adoption, in one issue of a newspaper of §eneral circulation published in the County. Proof of publication of notice of public hearing, the Resolution as adopted, and the proof of the publication of the notice of the adoption of such Resolution shall be recorded in the Deed Records of the County. FURTHER, proper notations evidencin9 this Resolution shall be made on the plats of Foxfire Units One, Two and Three as legally described above. BE IT FURTHER RESOLVED, that this Resolution shall be effective upon its adoption. This Resolution adopted after motion, second and majority vote favodn9 same. ATTEST: DW1GHT E. BROCK, Clerk Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA P~,MELA S. MAO'KIE CHAIRWpMAN Heidi F. Ashton Assistant Collier County Attorney I 116~1_1 .Wp.f (221c:~~ ~rrs co~) ~: ELLIE HOFFMAN ~ ~0: (941) 774-8406 May 12, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Adoption of Resolution 99-235/Petition VAC-99-009 Dear Pam: Please advertise the above referenced notice one time on Sunday, May 16, 1999, and kindly send the Affidavit of Publication, in duplicate, uogether with charges involved to this office. Thank you. Sincerely, El!ie Hoffman, Deputy Clerk Purchase Order No. 915846 NOTICE OF ADOPTION Notice is hereby given that on the llth day of May, 1999, the Board of County Commissioners of Collier Count},, Florida, adopted Resolution 99-235, re Petition VAC-99-009, pursuant to Section 336.09 and 336.10, Florida Statutes, Ken Cuyler, Esq., of Roetzel & Andress, Agent for Fox£ire Community Association of Collier County, Inc., renouncing and disclaiming all rights and interests of the Count}' and Pubic to access (ingress/egress) and travel upon the following roadways located within Foxfire Subdivision and Planned Unit. Development: those roadways depicted and described in the plat of Foxfire Unit One, Plat Book 13, Pages 84 through 86 and Foxfire Unit Three, Plat Book 13, Pages 101 through 103, Public Records of Collier County, Florida. Resolution 99-235 may be viewed in the Office of the Clerk to the Board, Minutes & Records Department, 4th Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Nap]es, Florida. BOARD OF COL~TY COMMISSIONERS COLLIER COUNTY, FLORIDA P~4ELA S. M~C'KIE, CHAIRWOM~; DWIGHT E. BROCK~ CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL} Naples Daily News Naples, FL Affidavit of Publication Naptet Daily BOARD OF COUHTY COHHISSIONERS ATTN: TO, VA PHILLIPS ~) BOX &13016 NAPLES FL 3&101-]016 REFEaENCE: 001230 #915&J.6 578T~'903 NOT%CE OF ADOPTZON N State of Florida County of Collier Before the u~ersignecl autl"~rity, personally a~ared Arvgela Bryant, ~ m oath says that she serves as Assistant Secretary of the Naples Daily Hews, a daily newspaper published at Naples, Jn Collier C~nty, Florida: that the attach~ c~y of the advertist~ wes ~blish~ Jn laid newspaper m. dates Affiant further says that the said Nepte~ N~s i~ a newsier ~bl~sh~ at Naples, ~n said CoLlier C~nty, FLorida, a~ that the said n~s~r has heretofore ~en pubLJsh~ tn said Col[te~ C~nty, FLorida, each day e~ has ~en enter~ at sec~ class ~il ~etten at the ~st office tn Naples, in said CoL[~en C~nty, FLorida, for e ~rt~ of 1 year next prec~t~ the first ~b[tc~tt~ of the ettech~ copy of advertisement; e~ affiant furthe~ s~ys that ~he ~s neithen pr~is~ any ~rs~, firm or c~ratt~ any ~ltc~nt, re~te, c~ttlt~ or refund for the ~r~se of securt~ thf~ ~verttteeent for ~b[icat~ in the laid n~er. PUBLISHED Off: 05/16 AD SPACE: 60.000 FILED ON: 05/17/99 Sfgnature of Affiant . :'~,.:j :'~,. NOTICE Of ADOPTK:)N Notice I~ hereby Ih(st O~ tt~ I1~ day of N~V, 1/9t, /he Boord of Co4Jf~y Commissioner., of Co, fief ~, Odopte~ Resolution W.~,IS, rt Petition VAC- tlon 33&.0e and 336. tO,Floe'ida Sta+ute$, Ken Cuvier, ~$ra., Jsi~l~lon of Collier C~ ~, r~l~ o~ Interett~ of the ond Interests cass (Ingre~s/egre~t) OeveloDment: those . t~ t& ~ P~ 101 tm~ ~lc R~ ~ 8OARO OF ~OUHTY COLLIER COUNTY, ~ELA t, ~AC'KI~ ~WOM~N ~ ~. 1411510 (II~LODIN~ THIS coYIm) · ~OM: Ell ie Hoffman I~.A~IO~I: 09r.~'.~'l~ OD~ COUR'~OU~ PHONE NO: (941) 774-840~ E. WILLSON BAKER, D.D.S M.S Prachce bruited to Odhodont~cs ' ' ' 120 4333 MONROE.,,~RE ET TOLEDO. ~..rfo 43606 (419,)/472.1186 706 HAYES AVENUE FREMONT, OHIO 43420 (419) 334-7777 12C NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 11, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 east Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VAC-99-009, Ken Cuyler, Esq. of Roetzel & A_ndress, Agent for Foxfire Community AssociatiQn of Collier County, Inc. renouncing and disclaiming all rights and interests of the County and Public to access (Ingress/Egress) and travel upon tne following ro~dw~y~ located within Foxfire Subdivision and Planned Unit Development: those roadways depicted and described in the pla~ of Foxfire Unit One, Plat Book 13, Pages 84 through 86 and Foxfire Unit Three, Plat Book 13, Pages 101 through 103, Public Records of Collier County, Florida. NOTEs All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an erganization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. AriS, person wh? decides te appeal a decision of the Beard will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA PA~4ELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk (SEAL) Naples Daily Napte$, FL 3&102 Affidavit of Publication Naples Oatty Uews BOARD OF COUNTY COHHZSS[ONERS ATTN: TONYA PHILLIPS PO BOX ~13016 NAPLES FL 3&101-3016 REFERENCE: 001230 1011636106491 57867657 72-1 NOTICE OF INTEN State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, v~ o~ oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached cory of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Nap[es, fn satd Collier County, F[ortda, and that the said newspaper has heretofore be. es continuously published in said Collier County, Florida, each day and has been e~tered as second class nail matter at the post offfce fn Hap[es, in said Collier C~Jnty, Florida, for a period of 1 year next preceding the first p~bltcation of the attach~J copy of advertisement; and affiant further says that she has neither p~id nor promised any person, firm or ¢c'~oratton any discount, rebate, conmtssto~ or refund for the purpose of securing this advertisement for publication in the said nevqpeper. HJBLISNED 0~: 04/25 AD SPACE: 112.000 INCH FILED ON: 04/26/99 Signature of Affiant /.~' ° '" // f J/ ~ ~* -,.r~ %~ NOTK=E OF ~NTENT TO CONSIDER ORDINANCE thor on TU~SI~A Y, NUkY il, me~ c..,ef~, 2301 East l Tc~'~lamt Troll. Na~les. ~_~, ~e ae~-d~l county Commissioners men[ of o Coum~ nanca, The meeting comme~ca M ~t:00 A.~& ~N ORDINANCE AMEI~)INO COUNTY ORDINANCE NO. 72-10 AS AMINO. ED, V~tICH C~EATEO TY MGHTING DIS- FO~FmE UNITS ~ & 3 FROM ~ COUNTY LIGHTING T~ C~ ~ LA~ AND PRO~ CO~L<T AND A~ ~O~NO nN EFFE~ DA~ c~ m vAc- 99.00~, NOT~: All D~rSon~ mlnlstroto~ to : rec~lz~ ~ ~ o1~ I0 Persons wlshtng to t~ t~ ~ ~lc ~ AH An~ ~ ~ ~d wlfl ~ o r~ pt~alnl~ ~ereto ~e ~ o v~m 80&~D OF COUNTY CO~IE~ COUNTY, CHA~WO~N DWIGHT E, BROCK, x Normal legal Advertisement (Display ,.\dv.. location, etc. I ('OLLIER C¢)i'NTY FI.()RII)A REQUEST FOR LEGAL ADVERTISING OF I'I'BIAC HEARINGS .lerk to the Board: Please place the folh)v.'ing as a: '_~ ()thee: Originating Dept Dlv: Transportatmrx Pubhc Works Person: Nlarqtuta Km.~ I)att.. 4'2f1 qq PetiUon No. {If none. gv.'e briefdescrtpuonl: n a Petmoner: fName& :\ddrcss~: n a Name & Address of an.'.' persont ~,~to be notified by ('Jerk's fO(rice- (If more '~pace I,, n'.'eded, ::t:a. h ,eparalc ,:hect~ ti a }learm.u before x BCC BZA (Other Requested i learing date: {Based on advemsemem appearm.u 10 days before heanng.'" Ne',,,'spapedsl to be used ~C'omptet..: onEy lflmp{',rtant~: x Naples L)aib,' Ne'.;'.,, :" ()the: x: c..',~tt?. I~cqt,lrcd Proposed Text: I Include legal description & conm~on locat:o~ & Si/e: Ordinance amendm? amended, which created the Collier ('ountv l.lghtm~ Ihslr~ct by removing Fo\fire District. Companion petttion~ s !, 1£ any & p:oposed hearing date: VA(' qq.i~flq, vacation of platted and Three. Does Petition Fee inch:de advcrusum c',i,t? ~ Y~' x I6_ 610-o49,00 ..- ~ x / Reviewed by: _ Edwald&Kant PE. Tr~¢ortation Division .&t~m~stra~or or Des~e' ' ' ' -' ' nec '-- No 'If Yes. what accmmt should be ,'btu'ged l~r ,ulvcms:n~4 List Attachments: Ordinance amending Ordinance No. 72. I. as amended. I)IS/RILI!JdfflON INSTRI'CIlONS Ao For hearings beforeBCCorBZA: Initiating person to complete one coy nnd obtain i)i~i,i.nlleadapprovalbefore submitting to County ManaRer, Note: Iflegaldocument is involved, be ,mre that auv nect,%,~ary legal reviev~, or request for same. is submitted to (.7ounty Attorney before submitting to County ,Manager. Tht Manager's office will distribute copies: x County Manager agenda file: to Clerk's Office x Requesting Division x Original B. Other hearings: Initiating DWision head to approve and *uhm,t original tn ('lcrk'~; ()ffice. retaining a cop.,,, for fid FOR CLERK'S OFFICE USE ONLY: Date Received: __ __ Date of Public hcarin[:: Date Advertised: I 7 I0 II 13 ORI)INAN('I'] NO. 99- AN ()I<U)INAN('I.i :iMI!NI)IN~i t'(H.I.II!R ('()1 IN'I Y ¢)RI)IN,,iNI T N() 72-1, AS ('(11 'N'I Y l.l(ill'l INil I)IS'I RI("I I & 3 [:ROM '1111.i C(}I I.II'.'R I'(II~N'I'Y I.I(ilITIN(} I)ISIRI('I: PII()VIDIN(i FOR IN('I.IiSN)N IN ('()1)1! ¢)F I,.i\V.',; ,,i:41~ ORI)INAN('I!S: PR()iql)lN¢i ('IINFI.I('T ANI) SI.~\,'I,J/AIIII Il'Y, ..\NI) PR()VIDIN(i AN I!FFI.X'Tli'I.i I),,\TE. NO\V, TtlI!RI!F()RIC P,E II ()RI)AINt:I) 14 COMNIIfi~I()NI.J~N (11: ('()I.I.IFR ('(H ~N'I Y. I.'[ {)RlI).,% tirol: 1~ fiECTI()N()NIL AMI:NI)MI~NTfi I'() ~'()11.IkR ('()I;NI'Y 1{, AMENI)I~I) 17 IN Section ()nc of Colhcr ('ottnlv (}r,limtncc No. 72-1, ,is alllClltlCtJ, ~s ]lcrclw ;llllCll~[Ct[ bV 19 delctin~ thc follo~ h~g area t}on; thc ('Miler ('OIIlll¥ I.i~hting I)Jslricl: 24 27 2fi ~EC'rlOX TWO: IX('l.l,~fil()~ 1~ '['ill~ ('()I)E ( ~1.' I.AWS A~I) 29 30 '1 he provisimls of Ibis Ordinance shall I~ec~,ne and he ~1 Ordinances or Collier ('ounly. Florida. The s('clions nf 32 re-lcucred lo accomplish such. and thc xxork "(~rdinancc" may be changcd Io "suction." "arlicle," ~,r 33 any other appr,priate x~ord. 34 SECTIONTIIREE: CONFI.I('I'ANDSEVI~RAI~II.I'rY 35 In thc ex'em this Ordimmcc cmdlicl~ with ;my othcr ()rdilmncc ~q'( 'ollic'r ('on,Iv or ,~lhcr 36 applicable law. d~c m,~rc rcslriCliVc qmtl appl), il ;mv phragc m' purlion iff thz [)rdin;mcc is hchl 37 invalid or unconstiluliona] by any courl .1' cmnpclcnl urisdicimn, such pm'lion shall 38 scparale, dislinct and mdel~endcnl prm'ision. ;md such holding ~h:lll m~l al'l~cl Ihc validilv of Iht 39 remaining portion. 4o SI!CI'ION F()I iR: IH:FECI'IVE l).,Vl'l! 41 This Ordinance shall lake cft¥cl upon filing x~ ilh lilt SCCl'Ulal'y 14'~latc. \Vords undcrlincd are added; words s:,'".:ck ;british ate deleted. PASSED AND I)I/I.Y AD(IPTFI) by Iht Board of ('rarely ('ommissi.ncts of ('oilier 2 Cotmty. Florida. this day o1' 3 4 5 6 7 8 9 10 II 12 13 14 15 ATI'EST: DW1GI IT E. I:IRO('K. Clerk Approved as Io lorn1 and legal su flqciencv: Heidi F. A.~lmm Assistant (,_'ounty ,.Mtorncv BOARD OF ('()1 !NI'Y ('(),'xl N11.$;.'ql{ )NliRS ('OI.I.IER CO1 IN'FY. FI ,( )R ID,,\ PAMF. I,A N. MA("KII{. ('h:firwmmm 04 21 ORDINANCE NO. 99- ^,",' ()Rbl\'^×¢'I..' AMhNI)ING COLLIER ('OI;XI'Y ORDINAN('[ NO. 72-1. A.5 AM[:ND£D. WHICH ('RI-.AIhD TIlE COLLIER COUNTY LIGHTI\'G DISTRIC'I I & ,} FROM THE COLI.IER PROVIDING FOR I~CLU.~IO\' IN (OI)1: ()I' I.AWS AND AND PROVIDING AN FFFECi I~ h [)ATt' 1204'"- 'qC?0,'. THEREFORE, lie IT Ol¢llAl%l-I) FlY I IIt~ BOARD OF ('Or N'l'5 C()MMISSI()NERS ()F COLLII:R ('OUNI Y. FLORIDA Ihat SE('IIt)Nt)NI.. A.MI:NI)MIJNIS l'O ('()I.LIER ('()l:Nl~ ()RDINAN('1%'() ?, I ..~ .~XIE~DED del~lm~ I1~. Ihllowin~ arc~ from Iht Colh~r C'mml~ [_~hlm~ SECTION 7 '.vO: INC'LL'~ION I%* THE CODL Ol [.A~S AND ORDINAN( gE(WIONIIIRI~I:. ('ONFI.I('TANDSEVI:R&iH[.ii~. rcmmnmg po~JOfi SkCTION FOUR' t:I. FF. CI'[VE DATE lhls Ordinance shall take cflk-cl vpon Illing willl thc S~ct.r) of Words und~li~d arc addcd: words aa~.4h+ea~.h arc dclc~cd FILE ~o.lCol 0.' 21 '~ 09:~, I[]:O' T~.~IS~R'T~TII::~I F~::7';/4 .c,:--F/B I:'~r'~. :: PASSED AND DI I[_Y ADOPTED b.~ thc Iloa~d of ¢'mmly C'~mm~i~sion¢l~ o1' ('olh~r ('OUlll~,. I'lolld4. IhPl day of , 1')41') Al'l'ESl DWIGHT t'. BROCK. CleH. Approvcd ns to £om~ ,nd legal ~tlf"lq¢[ent y IIOARD UF ('O[;NTY ('OMMISSIONERS (.'OLI.II:R (.'rot NT"i'. FLORIDA 1204"'- IJc~dt I' Ashlon A$$1slat?,f ('¢qJ*lt). Allorn¢? ~: PAM' PERRELL ~: NAPI FS halt Y N~w~, April 21, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance amending Collier County Ordinance 72-1 Dear Pam: Please advertise the above referenced notice one time on Sunday, April 25, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Lisa Steele, Deputy Clerk Purchase No. 101-163610-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 11, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO, 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT BY DELETING FOXFIRE b~ITS 1 & 3 FROM THE COLLIER COU%;TY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS, AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Companion to VAC-99-009, vacation of platted rights-of-way in Foxfire Units One, Two and Three Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record cf the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk ( SEAL ) ORDINANCE NO. 99- 36 ..\N ¢)RDINAN('I! AMI!NDIN(; ('OI.I.IER COUNTY ORI)IN:XN('I! NO. 72-1. ,\S :\M[:.NDEI), \\'tll('li CRF. ATED Till! ('()I/NTY ].I(;IITIN(.; I)IS'I'RI('I [IY l)[~[.[~'l IN(; [:(.)XFIRI! {'NITS I & 3 FROM TIlE ('OI.I.IER ('()[;N'I'Y I.I(;]ITIN(; I)ISI'RI('I': PROVIDING FOR IN('I.IT.<,ION IN ('ODI{ O[: I..\\vs .\Nl) ORDINANCI.:S: PROVIDIN(; ('ONF[.[('T AND S[LVI{RABII.IIY: AND PRO\:IDING AN I:.FFE('T[V[.~ DATF.. NOW. TItEREFORE. BF. IT ORD..\INEI) BY 'Fill': B()..\RI~ {)I" ('()I~N'I'Y C(')MMISSION[=~RS OF COLLIt~R COt 7NTY. FI.ORIDA that: SECFIONONE: AMENDMI~NTS '10 ('OI.LIER ('OUN'FY ORI)INAN('k N(). 72-1. ANI ENDED Section ()ne of Collier ('otllllv Ordinance No, 72-1. as atllctldcd, is t~crcby atllclidcd deleting Iht follm~ ing area l?om thc ('oilier ('ountv I.ighthlg District: SECTION 'l WO: INCLUSION IN Till{ ('()l)E OF I.AWS AND ORI)INAN( Thc provismns of this Ordinance shall become and Nc made a pan of thc ('ode of Ordinances of Collier County. Flqrida Thc sections oF thc Ordimmcc may bc rcnumhcrcd re-lettered to accomplish such. and thc work "ordmallcc" nlay hc changed to "scctiml," "arliclc." or any other appropriate word. SE('TION THREE: CONFLI('T AND SEVI!R..XBII.ITY In lhe ex'chi this Ordinance cnnllicts with :my OlhCr Ordinance of ('oilier Ctmntv or other applicable l;iw. thc more resmctivc shall apply Il' any phrase or poH:oll rtl' thc ()rdinancc is held invalid or unconstitutional by any court ol competent jurisdiciton, such potlion shall hc dccmcd separate, distinct and independent provision. :md such holding shall not aft¥ct thc validily of thc remaining portion. SECTION FOUR: EFF[:CTIVE DATE This Ordinance shall take el'foci upon filing with thc Secrcta~' of 12C PASSED AND DULY ADOPTED hv the Board o£ County C'omnfissioners o1' Collier County, Florida, this ~ day of ~~ .1999. ATTEST: DWIGHT E. BROCK, Clerk ~.ttest ~s to s linat~re ontL. Approx ed as to torm and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONI:.RS 120 4' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-36 Which was adopted by the Board of County Commissioners on the llth day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of May, 1999. DWIGHT E. BROCK ' " Clerk of Courts and 'Clerk Ex-officio to Board 'of County Commissioners ".'.' By: Ellie Hof fman. '.., :.. ~ Deputy Clerk El I .......................... ' ..... I II I ............. N~ptes Deity llapLe~, FL 3&102 Affidavit of PubLication OF C~l~ T~YA ~ ~X ~1~6 NAPLES FL 3~101-~6 REFERENCE: ~12~ 912~1 S~te of ~Lor~ C~ty of CoLLier ~fore t~ ~r~t~ ~t~rity, as t~ Asetlt~t Cat.rate ~cretery of t~ 1~ CoLLier C~ty, florida: t~t t~ ettee~ c~ of ~ert~st~ ~as ~tis~ tn n~s~r ~ dates AffJ~t fu~t~r s~s t~t t~ ~td ~tes H~s t~ · ~r ~t~ at ~Les, tn ~td CoLLier C~ty, FL~t~, ~ t~t t~ ~f~r ~t ~retofore ~ c~tf~ty ~t~ tn se~d Cattier C~ty. ftort~, each ~tter at t~ ~t office t~ ~pte~, In ta~d CoLLier C~ty, Ftor~, for · ~r~ of I yeee ~xt p-~t~ t~ first ~ttcatt~ of t~ atta~ ~ of ~ertl~t; ~ eff~t furt~r sey~ t~t ~ ~ ~t~r ~td ~r pr~t~ ~ ~r~, fire or c~rat~ ~ di~t, r~te~ c~1~t~ ~ ref~ for t~ ~r~se of lecurt~ this ~vertts~t foe ~ttcatt~ tn the ~td AD SP~CE: ~.~ I~CH FI~D ~: ~/26/~ Stature of Afft~t / ' ' /" I be~(M t~O A.M. Boo'd ~dll com~ e~ pett~n CU~, mentoI Services Commissioners, ~y the C~olrmon~ o ~~o~ Per~s wishing fo ~ M 3 ~e 1 ./ RESOLUTION A RESOLUTION PROVIDING FOR THE ESTABLISftMENT OF NON-COMERCIAL BOAT LAUNCIIING FACII.FHkS CONDITIONAL USE I IN THE RSF-4 ZONING DISTRICT PURSUANT TO SE("IION 2.2.4,3. OF TIlE COI.IIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY I.OCATED IN SECTION 5, TOVs.,~SIIIP 48 SOUTtl, R;\N~}F 25 EASI', COI. LIER COU,~TY. FI.ORIDA. WttEREAS. the Legislature of the State of Florida in Chapter 67-12a6, l.av.'s of Florida. and Chapter 125, Florida Statutes, has conferred on Collier County the power lo estab!i:,h, coordinale and enforce zoning and such business regulations as arc necessary for thc protection o£ the public; and WHEREAS. thc Count;.' pursuant thereto ha.; adopted a land Development Code fOrdinance No. 91-102) :'.hich includes a Comprehensive Zomng Ordinance establishing regulations for thc zoning of partir, ular geographic divisions of the County, among x,,-hich is the granting nf Conditional Uses; and WHEREAS. the Collier County Planning Commission, being thc duty appointed and constituted planning board for the area hereby affected, has held a publ;c hearing after volice as in said regulations made and provided, and has considered the advi~abilit.,, of Conditional Use I of Section 2.2.4.3. in an RSF--t Zone for Non-commercial boat launching facfinies on thc pr.perry hereinafter described, and has found as a matter of fact fExhihit "A") that satisfactory, provisi,m ami arrangement have been made concerning all applicable matters requited by said regulations anti m accordancc with Subsection 27.a.a o!' thc Land Development ('t~tc for the Collier County Planning ('.remission; and WIIEREAS, all interested parties ha',c been given opportunity to be heard by this Board in a public mcetin? assembled and the Board having considered all matters presented. NOW. TIIEREFORE BE IT RESOI.VkD, BY 'HqE BOARD OF ZONIN(J APPEAI.S of Collier County. Florida that: The petition filed by Collier County D,:vclopment and Environmental Services Division representing the Board of County Commissioners with respect to the property hereinafter described as: Lots i through ! 1, Block "H", Little Hickory Shores, Unit #3 Re-Plat, as recorded in Plat Book 3, Page 97, Official Records of Collier County. be and the same is hereby approved for Conditional Use I of Section 2.2.4.3. of the RSF-4 Zoning District for Non-commercial boat launching facilities subject to the following condition~;: All boat docks erected on the subject lots shall comply with the requirements of Section 2.6.21. of the Land Development Code. -1- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes oF this Board. This Resolution adopted after motion, second and majority vote. Done this day of .1999. BOARD OF ZONING APPEAI.S COLLIER COUNTY, FI.ORIDA ATTEST: DV, qGItT E. BROCK, Clerk BY: PAMELA S. MAC'KIE, Chainvoman Approved as to Form and Legal Sufficiency: Assistam Count,',' Attorney f ¢'1.}-9')'t.:'~ ~I!¥)l.! '| IH'; FINDING OF FACT BY COLLIER COb~TY PLA/,~ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. 0 Grantinc the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case cf fire or catastrophe: Adequate ingress & egress Yes Nc Affects neighboring proDerties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by --___ Affect canno~ be mitigated m o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should no~) be recommended for approval DATE: CS~.iRM3LN: f/Fib'DiNG OF FACT CHAiP.~J~/ FINDING OF FACT BY COLLIER COUNTY PLA~NNING COMMISSION FOR A CONDITIONAL USE PETITION FOE CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land ~, ~ ~ ' D_v_~opm_n,. Ccde and Growth Management Plan: Yes No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in re!atic, n to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Comoatible use _._n ict w~in distr Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: f/Fi:.'~I:;S CF FACT MEMBER/' ~ NO: (94,1) T/4,-8~,06 1 April 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-99-04 Dear Pam: Please advertise the above referenced notice one time on .Sunday, April 25, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY,. MAY llx 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-99-04, Collier County Development and Environmental Services Division, representing the Board of County Commissioners, requesting Conditional Use "1" of the "RSF-4" zoning district per Section 2.2.4.3 for boat docks for property described as Block "H", Little Hickory Shores Unit 3 Replat, in Section 5, Township 48 South. Range 25 East, Collier County, Florida. NOTE: All persons wishing to speak on any agenda item must register with the County administrator ~Q~ to presentation of the agenda item to be addressed, individual speakers wi..1 be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak cn an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~JTY COMMISSIONERS COLLIER COUNTY, FLORIDA PA~MELA S. MAC' KIE, CHAIRWOMukN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) RESOLUTION 99- 23.6 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF NON-COMERCIAL BOAT LAUNCHING FACII.ITIES CONDITIONAL USE I 1N IHE RSF-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE COI.LIF. R COUNTY LAND DEVELOPMENT CODE FOR PROPERTY I,OCATED IN SECTION 5, TOWNSItIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA. WIIEREAS. the Legislature of the State of Florida in Chaplcr 67-1246. l.aws of Florida, and Chapter 125, Florida Statutes. has conferred on ('triller County the power to cs~ablish, coordinate enforce zoning and such business regulations as arc necessary for thc protection ol' thc public; and WtfEREAS, the County pursuan! therelo has adopled a I.and Devclopmcnl Code (Ordinance No. 91-102} which includes a Comprehensive Zoning Ordinancc establishing regulations Ibr Ibc zoning of particular geographic divisions of the ('ounty, among which is the granting of Conditional Uses; and WHEREAS. thc Collier County Planning Commission. being thc duly appomlcd and constituted planning board for thc area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Usc 1 of Section 2.2.4.3. in an RSF-4 Zone for Non-commercial boat launching facilities on thc property hereinafter described, and has found as a matter of fact (Exhibil "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for thc Collier County Planning Commission; and WHEREAS, all interested parties have been given opporlunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED. BY THE BOARD OF Z()NING APPEALS of Collier County, Florida that: Thc petition filed by Collier Count>' Dcvclopmcnt and Environmental Services Division representing tim Board of County Commissioners with respect to the property hcrcinaltcr described as: Lots I through I 1, Block "H", Little Hickory Shores, Unit #3 Re-Plat, as recorded in Plat Book 3, Page 97, Official Records of Collier County. be and the same is hereby approved for Conditional Use I of Section 2.2.4.3. of thc RSF-4 Zoning District for Non-commercial boat launching facilities subject to thc following conditions: All boat docks erected on the subject lots shall comply with the requirements of Section 2.6.21. of the Land Development Code. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes o£this Board. This Resolution adopted after motion, second and majority vote. Done this .__/1,,~:::6 day of ~:~~. 1999. ~,ttest 15 te Chatrma~ s :~natur¢ only. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPI~,ALS COLLIE~COUNTY. FLORII)A / ~.q. MAPAMELA S. MAC'KiE. CI/ai~voman Approved as to Form and Legal Sufficicni:y: Marjo/qe M. Student Assistant County Attorney f,('l/.9~la~l RILNOI.UllON FINDING OF FACT BY ~'~'ER-.~ COb~TY PLAN~ING COMMiSSiC~ FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: C o Consistency with the Land Development Code and Growth Management Plan: Yes '~ No ingress and egress to property and proposed structures therecn with particular reference ~o automotive and pedestrian safety and convenience, trafric flow and control, and access in case of fire or ~'atastrophe: Adequate ingress & egress Yes ./~ No Affects neighboring properties in relatzon to noise, g~, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~in district Yes~]~ No Based on the above findings, this conditional use should, with stipulatio~ (copy..attached) approval ~ia/~~) . <should not) be recommended for f/FINDING OF FACT. CHAiRM~%/~/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PI2%NNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 4 CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C o Affects neighboring properties in reia~ion to noise, glare, economic or odor effects: No affect or Affect mitigated by ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: f ' /.3' ' ~ f/FINDInG OF FACT ~/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Bo ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~eS~ Yes ~./ No Affec~s~heighboring properties in relation %0 noise, glare, economic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ,'should not) be recommeDded-- for approval ~/~'~ - / DATE: / / , PACT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: i. Section of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A0 Consistency with the Land Development Code and Growth Management Plan: Yes ~.: No C o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes z~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~. No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / · No Based on the above findings, this conditional use should, with stipulations, (copy attached)(should not).b~/ec~ended for approval / DATE: ~/--/b~'-?~ MEMBER: .,-'h~, .~,~-?' ?' ,.~ ,/ //' ' f/FINDII4~ OF FA~T FINDING CF FACT COLLIER COUNTY PLightING ~MiMI csiON FOR A CCN-DiTIONA~ USE PETITION FOR CU-99-04 The following facts are found: Section cf the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the .ec~ other property public interest and will not adversely al' " cr uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Yes No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case cf fire or catastrophe: ~_r Ade.~uate ingress & ess Yes ~- Nc Affects neighboring Drcpert~es in relat'cn tc noise, glar,~ economic or odor effects: No affect or Affect mitlgated ky Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use,/~thin district Yes v No Based on the above findings, stipulations, (copy attached) approval thi,s conditiJpnal use should, with ~-),)be rec~/~nded ~r " >.2 , . I' ," ' ' / ,I 4 Fif~DiNG OF FACT BY COLLIER COb74TY PLANNING COMMISSION FOR A CO~VOITiONAL USE PETITION FOR CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes /' No Ingress and egress to property and proposed structures thereon with particular reference ko automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No Affects nelghboring properties ~.n rela~-:on ~_o noise, glare, economic or odor effects: ×~ No affect or Affect mitigated Dy Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use wk~hin district Yes ~,..,-'~" NO Based on the above findings, this conditional use should, with stipulations, icopy attached) ~(~.sh~ho--dt) be recommended for approval -- f/FINDINO Ol' ~ACT FI}~ING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A0 Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to 'property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation %o noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: / / FINDING OF FACT BY COLLIER COU~;TY PLANNING CC~3~.iSSION FOR A CONDITIONAL USE PETiTiON FOR CU-99-04 The fcilowing facts are found: Section cf the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the ~ ' ~ic ~~ other property ~uD_ interest and will not adversely ~=_~ cr uses in the same district or neighborhood because of: Ao Consistency with the Land Deveic~ment Ucde and Growth Management P~,n: Yes No ingress and egress to ~roper:y and prc~=sed structures thereon with particular reference tc automotive and pedestrian safety and ccnven=ence, traffic flow and control and access in ~ase ~f =~= or catastrophe: Adequate ingress & .e~;ess Yes ~,' No Affects neighboring properties ~n reia%~on 5c noise, gl~r~, economic cr odor effecKs: No affect or Affect mitigated ky Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes ~,/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommej%~ed for approval f/FINDIN~ OF FA~T M~MBER/ ' m' , ?INDING OF FACTBY COLLIER COUNTY PLANNING COMM!SSi~N FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: Section of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: B 0 Consist°ency with the Land Development Code and Growth Manage_glerl~ .Plg~n: Ge'__)¥ No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ingre _ &.~ess Adequate ~__~___No Affe~ neighboring properties in relatlon ~o noise, ,g~2~ e~A~c or odor effects: Go affec_~ or Affect mitigated by Affect cannot be mitigated D. Compatibility with adj,%cent properties and other property in the dist]~fct: Compatib~L~ithin district Based on the above findings, this conditional use _s. hould, with stipulations, (copy at_-ta~he~-~be recommended for approval ,4PP~V~ f/FIND]2}~(] OF FAL~T Naples 0airy NeuS Naples, FL 34102 Affidavit of PubLtcatio~ Naples 0aily Ne~S BOAgD OF COUt~TY CO~.MISSI~4EgS ATTN: TO,~"I'A PH]LLImS PO BOX 41S016 NAPLES FL 34101-~016 REFERENCE: OO12~O 113138~2~H~.91 578~7277 NUC-9q-01 t~TiCE OF State of Florida County of Cotlter Before the undersigned authority, personntly appeared B. La~b, ~ho on oath says that she serves ay the Assistant Corporate Secretary of the Naples Daily N,~s, a daily newspaper published at Naples, in Coltlar County, FLorida: that the attached copy of Advertising uas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper Published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day end has been entered as seco~l class Mil matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first Publication of the attached cop)/ of advertisement; an~J affiant further says that she has neither paid nor promised any person, fire or coporatio~ any discount, rebate, coeetssion or refund for the purpose of securing this advertiseaent for publication in the said newspaper. PUBL]SHED ON: 0~/25 AD SPACE: 69.000 INCH F,[LED OH: 04/26/99 Signature of Affiant /'~ · NUCogq-0t NOTICE O4: PUBLIC HF_.~ING h~ on TUE~Y,: ~Y 11, 1~, In ~. ~d F~, A~lnJs~ ~1~, ~ Ce~, ~1 T~tam Tr~l~ F~I~. T~ m~ ~ I · ~d ~tl ~d- T~ E. ~ ~ ~e V. ~ ~ F~- ~, I~., re~e~ Serv ce r~fl~ a c~ ~e ~ ~ ~ ex~ ~rml~ u~ by c~ ~ exls~ ~00 Golden PO~Y, ~ Est~es U~ ~, T¢~ ~.ln ~ ~,T~ Eo~f, Collier ~, ~v~ed to ~. fo tar to ~ ~ to ~ef~e, ~ ~ ~re ~ 0 v~m ~e ~ ~h BOARD OF COUNTY COM. M~S~O~S COLLIER COUNTY, PAMELA S. ~AC'KIE, ~RwO~N DWIGHT E. BROCK, B~/s/Ll~ a , 2;.~?La.t Ad,,'., ;2':at::r,, Or~g~r,a%sr, g Ccep'.IOi¥: Com. Lev. Ser.z./Curr.n. Piar, nin~ ~erson:,. ........ .~_~::%7:7; .................. , ...... Petltior, I1~. ~:f ~one, ~ive ~r:ef ~elcr~ptlo~l: NUC-99-O1 [~f ~ore space r. eede~, ]ttacr. separate ~r, ee%; .... ~ a:hool to ~r, ~noovr ~Lea **r<et ~n CE~:~5~X.. :one~ "E~t,:e.s" tr,~ . ~',..: ~t. 6~00 Gol~er, Gate L~es ~et:t:~n ~.. ~r, cl',~e ~.:'/ez%iz~r,.$ J~s5 .ea ,--~- No , .... ,- :f /e.'., ,.' ~' :.:cc.,:r.% nhouid be charged -- D~te DISTRi BUT:ON INSTRU~:~S necessary legal review., :,r request for statue, :~*~mlt~e,3 to C~,;nt,f n,- :T.y ~'.-,,e submltting to ::~y for ~'' ' ': ~rc: ye ~r.a suc~:- :r;~:r ~. - 'l~,''s Off~ce, retaining a FOR CLERK'S OFFICE USE '~LY Date Recelved Date of P.H. Date A~-'zerti3e: RES(}I.UTI()N NO. 99- ~ RELATING TO PETITION NUMBER NUC-99-O1. FOR · -\ NON-CONFORMING USE CIIANGE ¢)N PROPERTY tH:.RE[NAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WIII:.RE:\S. :he l.cg~slaturc ~I' the State of Florida in ('haptcr 125. I:!orMa Statutes. has conferred on all counucs in Florida the power to establish, coordinate and cnfl)rce ;'onmg and such business regulations as are necessary, for thc protccuon or,he public, and WI IEREAS. the County pursuant thereto has adopted a Land Development ~'ode ~Ordmancc No. 91-102) which establishes regulations for the zon,ng of pamcular geograph,c dp.'lslons of thc ('ounty. among which is thc granting tit' requests for non-con/brmmg use changes, and WItEREAS. thc Board of Zoning Appeals. being the duly elected constituted board o~' thc area hereby affected, has held a public hearing after notice as ,n said regulations made and provided, and has considered the advisability of a change in use of an existing non-conforming use by converting the existing use from a school to an indoor flea market in an "E" Zone lbr the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 1.8.6 of thc I.and Development Code for the unincorporated area of Collier County. and WIII~REAS. all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW. 'I'IIERI:I:ORE. BE IT RESOI.VED BY 'FILE BOARD OF ZONING AI'PEAI.S of('ollier County, Florida.: that The Petition Number NUC-99-01 filed bv ['homas E. Conrecode of the V Group of Florida. Inc.. representing American Eundmg ami Service Corporation. with respect to thc property hereinafter described as: Golden Gate Estates Unit 29. Tract 36 as recorded in Plat Book 7. page 57 of the official records of Collier ('ounty. Florida be and the same hereby ts approved for a change in use of an ex~stmg non-conforming use by converting the existing use from a school to an indoor flea market m the Estates Zoning District wherein said property is located, subject to the following: a) The site plan (Exhibit "A') is conceptual in nature and is subject to any changes that may be required during Site Development Plan review. b) The subject site and structure shall be brought into compliance w,th all applicable provisions of thc Collier County Land Development. Building. Life Safety and Administrative Codes dunng the Development Plan and Building Permit review processes. c! d} c~ gl A twenty-five fbot wide landscape buffer, excluding areas where thc existing building is closer than twenty.five feet to the property line. shall be provided along the south and west property lines. ]'his buffer shall include a cocoplum hedge a minimum of 2.1 inches m height at the time of planting, planted 3 feet on-center, and a row of live oak trees a minimum of 12 feet in height at the nme ofplantmg, planted 25 IL'et on- center. Wnhm the south and ~.`.'cst buffers and interior to the plantings, a six-foot high architecturally fimshed masonry, wall shall be com, lmctcd. Lighting shall be bruited to a maximum height of 15 feet from thc ex~sting ground elevation and shall ~ shmlde~d so as to prevent glare onto neighboring propemes. Primary access shall be from 68th Street SW, tX nght-m only cmrance may be permitted from Golden Gate Parkway, SIgnage shall be limited to the Golden Gate Parkway I?ontagc und shall further be limited to one wall s~gn. not to exceed 250'square feet m area. ]'here shall be no amplified music outdoors, except as may be pertained on a case by case basis pursuant to Section 2.6.33. Temporary I Ise Perm/ts. of the Collier County Land Development Code. BE IT RESOLVED that this Resolution relating to Petmon Number NI;( '-99-01 be recorded in thc minutes of this Board. l'his Rcsolumm adopted after mo,on, second and majority '.'otc. Done this day of -------- - __. 1999. .'VVIES'I': DWIGIfT E. BR(X'K. Clerk BOARD OF ZONING APPEAI.S COLLIER COI.rNTY. FI.f)RIDA Approved as to Form and Legal Sufficiency: PAMELA S. MAC'KIE, ('ha~rwoman Marjorlc bi. Student Assistant CourtLy Attorney g'adm wsuc/NU('.9Oa,q RI/SOl UTION, PROPOSED '~ S 7CR'~' : 300.00' Exhibi~ April 8, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition NUC-99-01 Dear Pam: Please advertise the above referenced notice one time on Sunday, April 25, 1999 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Lisa Steele, Deputy Clerk P.O. No. 113-138323-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, MAY 11, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition NUC-99-01, Thomas E. Conreccde of the V. Group of Florida, Inc., representing American Funding and Service Corporation, requesting a change in use of an existing non-confirming use by converting the existing use from a school to an indoor flea market on property zoned -Estates" and located at 6800 Golden Gate Parkway, further described as Golden Gate Estates Unit 29, Tract 36, in Section 30, Township 49 South, Range 26 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) April 25, 1999 Thomas E. Conrecode The V. Group of Florida, Inc. 5150 Tamiami Trail Suite 600 Naples, FL 34103 Re: Notice of Public Hearing to consider a Petition NUC-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Encl. April 25, 1999 American Funding and Service Corporation 720 Goodlette Road Suite 305 Naples, FL 34103 Re: Notice of Public Hearing to consider a Petition NUC-99-01 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Encl. Joseph Cheatham Wastewater Director Joseph B. Cheatham has more than 28 years experience ~n the are~. of wastewater treatment For the past 16 years t~ has served as Water Reclamation Fac~hty Manager for Gamesv~lle Regional Utdlbes His management e,,pe",er~ce includes planning, organ~z~n9 and d~recting the operahon of the Kanapaha WaF~.r Reclamahor~ facihty ~th a capacity of 10 MGD and the Ma~n St WRF '¢,'~th a capacity of 7 5 MGD In addition, he ~s responsible for the operation and maintenance of '~ 32 wastewater- pumping stations Other respons,b~l~bes ~nclude prepanng a 3 8 m~lhon dollar operations and maintenance budget, coordinabng enwronmentat ~2d regulatory affairs, evaluating guidelines for professional and craft training, and adm~mstermg the terms and conditions of the labor agreement for all depadment barga~mng employees, reclaimed water systems wastewater pump~n9 systems and an advanced analytical laboratory He has served as the chairman of the PWOD Management Committee for the Water Environment Federation. WEF Execuhve Committee and served as the Flonda Water Environment Association Operations Challenge Committee Chairman He is the author of the correspondence course Supervision and Management el Wastewater Treatment Plants for the University of Florida Departme,-lt of Continu~n9 Educabon Other classes he has instructed at University of Flonda TREEO Center are Pf~vahzat~on & Benchmarkmg and Report Wnt,,ng fo/' the At444/A Water Uhflty Management lnshtute. Troubleshooting O&M problems at A¢"vated Sludge ~,VVVT'PS. and Ophm~zlng B~olog~ca/ Nutnent Removal systems for ~;ma.;l -MeCum size V'v"vV-FP$ He serves as a peer rewewer for the AIA/WA Oualse.",e program that evaluates other utfl¢hes for the purpose of conttnuou$ lmprovement Joe has a Class A" Wastewater Ce,'lrflcate from the Florida Department of Enwronmer~ta! Protection He has been an actwe parbcipate ~n local Umted Way and March of Dimes campaigns He is married to Relta Cheatham for the past 22 years 'f~ey have three children Jer',nrfer 18 Kimberly 15. and Jonathan 10 In h~s spare t;,;-'e Joe hkes to play golf and follow Umversity of Flonda athletic events 2477808 OR: 2547 PG: 1787 ~ICORDBD zn O~HCZAL R~CORDS of COLM~R COOR?L ~ 05/I?/1~99 at 08:~4A~ D~IG~T B. BROC[, RJC ~S! N.O0 copras 5.00 t~: 7240 INTERLOCAL AGREEMENT FOR CITY-COUNTY FEMA COORDINATOR Th,s Agreement. made and entered ,nto th,s //~day of -'~ ~ _~ 1999. by and between the CITY OF NAPLES. a municipal corporation, hereinafter' naiad "C~ty" and COLLIER COUNTY. a political subdivision of the state of Flonda. hereinafter called "County". to prowde for the continuation of a joint City-County FEMA coordinator to provide and develop floodplain managemer, t programs to coincide w~th the National Flood Insurance Program and Community Rating System wKhm each commumty WITNESSETH WHEREAS. the C~ty and County both par*ac:Date :n the FEMA iNat~cnal Ficcd Insurance Program and the Commumty Rating System: and WHEREAS. the City and County have determined lhat the ,mplementahon of a C,ty- County FEMA Coordinator has proved beneficial to both C~ty and County governments and ~ts citizens: and WHEREAS. the C~ty and County des,re to renew the Interlocal Agreement with ¢,~ mcc:ficat~cns to oaerating ex[;enses for a pen.od of thr__ 197.. :o excite or', December 31. 2001 NOW THEREFORE. in cons;cleration of the mutual covenants contain, ed hereto the I:ames heresy agree as follows: There w,II be one Commumty Rating System Coordmatcr ~ 'FE:.4A Coordinator") for both the C4y and the Ccunty The C.ty w,lt emp!cy the FE!..4A Cocrcinator subject to the funding F..rows~ons set forth m paragraph 2 2 /he rescons~mlihes of the FEMA Coordinalor are as fc¢cws a Pls.q ~mplemem. and oversee the ccmpiet~on of Ccmrqum~y Rating System 3c:Jwties. The actiwt~es include, but are not !~m~ted to the following: Activity 310 -- Eievat~on Cemficates · Msmtam and collect Elevation Certificates for aJi new construction and substantially improved buildings budt in the Sceciat Flood Hazard Area s~nce the commumty joined the Community Rating System · Maintain and collect Elevation Certificates for all new construction OR: 2547 PG: 1788 16A 1 Maintain and collect Elevation Certificates for all new construction and substantial improvements on buildings built in the Special Flood Hazard Area since the commumty joined the National Flood Insurance Program Input Elevation Cerhficate data received after October 1. 1997. ~n computer format and provide th~s data to FEMA annually Establish a procedure for more efficient and effechve storage and retneval of Elevat~on Cerhficates Activity 320 -- Map Information · Provide :nformat~on regarding the Flood I:~su'ance Rate Map (FIRM) and flood ~nsurance purchase rec. u~rements to the public Act,vity 330 -- Outreach Projects · Once annually send wntlen informabon to all procecy owr~ers of the C~ty and County covenng the foilow~ng top,cs, local flood hazard mao of the local flood hazard, flood warmng system ,flood safety flood insurance property protection measures floodplain development permit requirements substar':,al ~mprovement requirements, drainage system maintenance, and the natural and beneficial functions cf the local floodplain Th~s outreach project also advertise the servmes prowded by the Development Serwces D~vis~on. ~nclud~ng prowding FIRM ~nformahon canal/d~tch dumping regulation, and flood protection assistance · Prowde mformahon on monthly utlhty bdls from the C~ty and County (one top,c/month) · Twice annually send wn~en ,nformat~on to owners of property ~n the Scec~al Flood Hazard Area located in e~ther the Clty or County. expla~mng that the recipient ~s located ~n a Spec:al Flood Hazard Area. Th~s outreach project w~ll cover the folio,ring top,cs: local flood hazard, map of the local flood hazard, flood warning system. flood safety, flood ~nsurance. property protection measures. floodplain Ceveto~men', permit requirements, substantial ~mprcvemer. t re~au~rements, dra~naae system maintenance, and the natural and benefic:al functions of the local flccdc!am Serwces provided by the Devetc~ament Serwces D~vls~cn ,nclud:ng prowd~ng FIRM ~r~fcrmat~on. canal/ditc,q dumping regulation and flood protect~o2 assistance w,!l also De adve~lsed · Conduct other outreach projects suc~ as 2rese~tabons to professional o~can~zat~ons school ~r': ~¢.s homeowners' asscc:at~cr5 etd Act:wry 3,43 -- Haza:= D~sc:csure EstaOhsr, hazard C;sc:csure standards for rea; es;ate agents to notify ttaose ~nteres',.ed in purchasing propeq:es ;c,".ated ~n the SFHA aDout the flood hazard and %o0 insurance Rurc~a~e recu~rement. Act~wty 350 -- F!ccd Protection L~brar'/ Ensure that the local libraries contain the follow,ng: a copy of the City's and County's current Flood 'Insurance Rate Map. an up-to- date directory of addresses and telephone numbers of local offices that can provide more information including a reference on the Floodplain Management Resource Center and ,nstructions on how people can use it. and publications relating to the follow,ng top~cs flood ~nsurance. flood protection, floodplain management or flood hazard mitigation natural beneficial funct,ons of floodplains Activity 360 -- Flood Protection Assistance Provide site-spec;tic flood and flood-related data such as floor elevations, data on h~storical flooding in the neighborhood, or similar information so that inquirers can relate the flood threat to their properbes Provide names of contractors and consultants knowledgeable or experienced in retrofitting techniques and construcbon Provide matenal on how to select a qualified contractor and on what recourse people have if they are dissatisfied with a contractor's performance Make s~te vis~ts to rewew flooding, drainage and sewer problems and prowde one-on-one advice to the property owner Provide retrofitting advice and ass,stance Activity 420 -- Open Space Preservation · Momtor City and County regulations for vacant floodplain lands open through public ownership, private preserve, or which regulate development so that there will be no new buildings or filling on the land. · Monitor City and County regulabons which require that areas preserved as Open Space are maintained ~n an undeveloped natural state, restored to a natural state, or which protect natural and beneficial floodplain functions Activity 430 -- Higher Regulatory Standards · Coordinate with City and County Budding Off,cials to ensure enforcement of the Standard Building Code regulation requiring engineered foundations. Activity 440 -- Flood Data Maintenance Coordinate annual update and maintenance of d~g~bzed parcel data Coordinate annual update and maintenance nveriay map of FIRM and property map. Activity '~50 -- Stormwater Management Coordinate continued routine ~nspection stormwater management system and maintenance of Activity OR: 2547 PG: 510 -- Floodplain Management Planning Coordinate the development of a Floodplain Management Plan utilizing the following standard planning process; organize and prepare the plan. ,nvolve the public, coordinate w,th other agencies. assess the hazard, assess the problem, set goals, rewew possible activities, draft an action plan. adopt the plan. ,mplement the plan. and evaluate and rev,se annually Activity 530 -- Retrofitting Coordinate the retrofitting of insurable buildings located ~n the Special Flood Hazard Area in order to protec~ them from flood damage Activity 540 -- Drainage System Maintenance · Coordinate the Inspecbon of drainage systems and removal of debris from the drainage system on a roubne bas~s · Coordinate the enforcement of the canal;d~tch dumping regulabon · Coordinate the marntenance of coastal erosion protection programs Activity 6 I0 -- Flood Warmng Program · Coordinate the flood warmng program ~nclud~ng emergency warning disseminatIon and ma~nta,mng and evaluat,"c critical fac:htpes planmng annually Prepare and maintain Commumty Rating System ac:lwt,/cccuments Prov,Ce input to the C~ty and County on pohcy dec:s~ons that floodplmn management and flood hazard m~t~gabon affect The annual funding under th~s Agreement ~s as follows a Budgeted Items Projected Amount Salary and Benefits Printing and Mading School and Tra~mng Vemc!e maintenance, reca,.r & fuel Computer Software Cellular Phone Office Susplies Books/Subscriptions Work area at C,ty of Nas:es & Co~!ier County S,-:0 000 $7 000 S: 300 $ 4.50 ~ 6,30 ~..360 :~ 300 $ 200 Tctat ,t ,,- · :,,--~ 910 Above items do not necessanly ,e.le,., defimte ex?.end~tures but are bases on Drewous actw~bes of Any additional excenses must be dec:ced ucc'- "-~ -: · .n,..,t..,h mutual written agreement *** OR: 2547 PG: 1791 All costs and expenses set forth above shall be paid 50% by the City and 50% by the County. The City will pay for all expenses imtially and shall bill thd County annually for expenses incurred through August of each year. An invoice shall be submitted no later than September 15th This Interlocal Agreement shall be in effect until December 1. 2001 However this agreement may be cancelled by e~ther party upon a sixty (60) day notice. This Agreement shall be recorded in the Public Records of Collier County. Florida. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first above written. Attest: Tar~ Norman. C_.~t~/Clerk B'~Barnett. Mayor Approved as to form and legality' Kenneth B. Cuyler. C,ty~ Attest: Dwight E. Brock. Clerk Name: Deputy Clerk Attest ms to Chair~bn'$ sl~ature ~1~. ApOroved as to for~ ~n~ legal su~cency: / ~Ccunty Attorney BOARD OF COUNTY COMMISSIONEt~S COLLIER COUNTY. FLORIDA / P~ne!a S Mac'Kie Cha,r¥.,°man / This instrument prepared by:l Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2477207 OR: 2547 PG: 0101 *** ~IC0mDID in 0~flClAL RICORDS Of C0LLII~ C0UI?Y, fL coP~s 1.00 C~iII TO TBI BO~D IXY 7240 Property Folio No. 62777640003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 99-106 against: Jennifer S. Brandon 791 98"' Ave. North Naples, FI. 34108 The lien was recorded on March 16, 1999 Official Record Book 2523, Page 3443, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five ($245.00) plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 3, Block 66, Naples Park, Unit 5, according to the Plat Thereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier County, Florida. REFERENCE: 80821-031 Folio#62777640003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this . //.,~:..z., day of "7')1 ,~ ,1999. Atte~.t ~ to Cha'lr~zn'~ signature onl/. ATTEST.---.,,, D .W GHT E. BOARD OF COUNTY COMMISSIONERS Pamela S. Mac'kie Chairwoman CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS Tills CONSTRUCTION AND MAINTENANCE AGREEMENT I:¢~R .'qI/BIIIVISION IMPROVI'~MENTS entered inlo this /_~:~L, day of _'7,~, ~__. 1999. bc~ecn l'ulte ilome Corporation, hereinafter referred to as "Developer". and the Board of County ('~mm~issioners ,ff Collier County. Florida. hereinafter rcferred to as "The Board". RECITALS: A. Developer has. simultaneously, with the deliver).' of this Agreement. applied fi~r the approval by the Board ora certain plat ora subdivision to be known as: Ventura Phase I. B. Division 3.2 of the Collier Count', i.and Development Code requires the Developer to post appropriate guarantees for thc construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, TflEREFORE. in consideration of the fi~regoing premises and mutual covenants hereinafter set forth. Developer and the Board do hereby covenant and agree as fifllows: 1. Developer will cause to be constntcted: The paving, drainage, potable water, irrigation, sanitary server and slreet lighting improvements ~r Ventura Phase I ~,ithin tx~'enty-fi~ur ~24) months from thc date of approval of said subdivishm plat. said improvcmcn! hereinafter referred to as lhc "required improvements." 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 42. %! 4' ? ~) ~ {.:. which amount represents ten percent (10%) of the total contract cost to complete ce, nstmction plus one hundred Cc~nstruction ~nd Maintenance Agrccmcnl l'a~.c 2 Vcntura I"h,~ ! percent (100%) of thc estimated cost of to complete the required improvements at thc date of this Agreement. 3. In the event of default by the Developer or failure of thc Developer to complete .~uch improvements within tile time required by the I.,and Development Code. Collier Counts. may call urxm tile subdivision performance security to insure satisfacton completion of the required improvements. 4. The required improvements shall not be considered complete ~tn~il a statement of substantial completion by Developer's engineer along with the final project records have been fi~mished to be reviewed and approved by the Development Sen'ices Director for compliance with die ('oilier County Land Development Code. 5. ]'he Development Services Director shall, within sixty (60) days of receipt ortho statement of substantial completion, either: a) notify the Developer in writing of its prelimina~' approval of the improvements; or b) notify the Developer in writing of its refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order Io obtain thc Director's approval of the improvements. I lowcvcr, in no event shall the Development Sen'ices Director refuse preliminary approval of thc improvements if thc.,,' are in fact constn~cted and submitted for approval in accordance w/th tile requirements of this Agreement. 6. 'l'he Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by thc Development Sen'ices Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Direclor to inspect the required improvements. The Development Services Director or his designee shall inspect tile improvements and. if found to be still in compliance with the Collier County l,and Development Code as reflected by final approval by the Board, the Board shall release the remaining ten percent (10%)of tile J~4/99. ~ ~4~3 Ve'r £'On~ln~¢lion ~ld M~inlen~lnc¢ A~r¢¢mcn! I'a~c ~ Vcnlu~a Ph~'~ I su~ivision perfommncc securily. The Developer's rcs~msibilily for mninlcnancc oF tt~c required improvements shall continue unless or unlil Ihe Board accepts mainlenance resDmsibilily fi~r and by County. 7. Six (6) months after the execution ofthis Ag~cment and once within even, six (6) monlhs thereafter thc Develo~r may request the Development Semices Direclor to reduce thc dollar amount of su~ivision ~rfonnancc security on thc basis of work completed. Each request fi~r a reduction in Iht dollar amount of the subdivision performance security shall ~ accompanied by a slalcmcnt of subslanlial completion by the Dcvclo~r's engineer togetl~cr with the projecl records neccssnrv lbr review bv thc Development Sen'ices Director. ~c Development Semices Director may grant thc request liar a reduction in thc amount of the subdivision perfo~ance security for the improvcmcnls completed as of Ibc date of Ibc Yequest. 8. In thc event thc Dcvelo~r shall thil or neglect Io fultill its obligations under lhis Agreement. u~n cenific~tion of such failure the Counly Administrator may call uN,n the suNtivi~hm performance security Io secure satisfactoo' completion, repair and maintenance ~ff the required hnprovcmcnls. 'I]~c Board shall have the right to construct and maintain, or cause I~ be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. the impr-vements required herein. '~e l)evcloper, as principal under thc su~i~ision ~rlb~ancc security, shall be liable to pay and Io indemnify the Board. upon completion of such conslmction, thc final total cosl t~, thc Board lhcrcot~ including, but not limited to. engineering, legal and contingent costs, together x~itl~ any damages, either direct or consequential, which the Board may sustain on account of fl~c failure of thc l~evelopcr to thlfill all of thc provisions of this Agreement. 1.6A Cen.,,truction and Maintcnance Agrccmcn! Vcmur3 Phz~c l All of the terms, covenants and conditions herein contained arc and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF. the Board and the Developer have caused this Agreement to be executed by their dui.,,' authorized representative this /12fSi. day of. ~"~__~. 1999. Witness #2 - Print Name DWIGItT E, BROCK, CLERK Attest .~s ,to,Chi lrman' s Pulte Home Corporation 4014 Gunn Highway Suite 250 Tampa,. ~orida 33624 BY: ~ ~~~ Printa.~me Il I! Board of County Commissioners of Collier Chai~'oman Approved as to form and legal sufficiency: David C. Weigel, Esquire County Attorney ~/~ 1~99-$jlt76 Ye' OII-NIlOFFMAN S UST LETTER OF CREDIT NUMBER: ATLP600723 ISSUe;CE DATE: APRIL 19, 1999 APPLIC~Uf: PULTE HOME CORPORATION (HEREINAFTER "APPLICanT') 4014 G~; HIGHWAY, SUITE 250 T~4PA, FL 33624 BENEFICIARY: THE BOARD OF CO~TY CO~4ISSIONERS COLLIER CO~;~f, FLORIDA (HEREINAFTER "BENEFICIARY") C/O OFFICE OF THE CO~'~Y ATTOrnEY COLLIER CO~Y COURTHOUSE COMPLEX NAPLES, FL 33942 FOR USD 425,473.76 (FOUR H~RED TWENTY FIVE THOUS~ FOUR H1~RED SEVEN~f THREE 76/100 U.S. DOLLARS) DATE OF EXPIRATION: NOVEMBER 15, 2000 PLACE OF EXPIRATION: COUNTERS OF ISSUING BANK WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. ATLP600723 IN YOUR FAVOR FOR ACCO~4T OF THE ABOVE-REFERENCED APPLICANT AVAILABLE BY YOUR DRAFTS DRAWN ON US PAYABLE AT SIGHT FOR ANY S~4 OF MONEY NOT TO EXCEED A TOTAL OF THE AMOUNT REFERENCED ABOVE ~EN ACCOMPanIED BY THIS LETTER OF CREDIT A~ THE FOLLOWING DOC~4EI~: BEI~FICIARY SIGNED A2~ DATED STATEMENT PURPORTEDLY SIGNED BY THE COUN/"f MANAGER, CERTIFYING THAT : "PULTE HOME CORPORATION HAS FAILED TO CONSTRUCT AND/ OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS VENTURA PHASE I OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUN~f HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, ~ SATISFACTORY ALTEP~ATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO M~ FORF~LLY ACCEPTED BY THE BEI~FICIARY." THIS LETTER OF CREDIT SETS FOR IN FULL THE TERMS OF SUNTRUST BANK, ATLA/~A'S ~ERTAKING A2~ SUCH SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, A.ND A/T£ SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ~Y DOCUMENT, INSTRUME}~ OR AGREEMENT. IT IS A CO}~ITION OF THIS LETTER OF CREDIT /%~AT IT SHALL BE DEEMED AUTOMATICALLY EXTEndED WITHOUT A/~ENDMENT FOR ONE YEAR FROM THE EXPIRATION DATE HEREOF, OR ALlY FUTURE EXPIRATIOt; DATE, ~LESS SIXI"f (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SEND WRITTEN NOTIFICATION TO YOU BY REGISTERED MAIL THAT WE *****CONTINUED ON NEXT PAGE***** LETTER OF CREDIT N/R4BER ATLP600723 PAGE NO. Al con'esi:x:x'x~mc~ and c, ommu-tcat~on stx:xAJ be circled to our agent SunTrust ~ternalK:)~l See. aces. Inc.. 25 Park Place. Auanta, Georgia 30303 Telex: 5422 I0 16A $ UST ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR A~f SUCH ADDiTIO:~AL PERIOD. ALL DRAFTS MUST REFERENCE THE N'UP~BER A/~D ISSUE DATE OF THIS CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE U~IIFORM CUSTOMS A~FD PP~ACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTER~;ATIONAL CHA14BER OF CO~4ERCE PUBLICATION 500. WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRA~ IN COMPLIA~iCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESE~ITATION A~FD DELIVERY OF THE DOCUMENTS SPECIFIED ABOVE TO SU~ITRUST BATIK, ATLANTA, 25 PARK PLACE, 16TH FLOOR, LETTER OF CREDIT DEPT. - 3706, ATLANTA, GEORGIA 30303 ON OR BEFORE NOVEMBER 15, 2000 OR ANY AUTOMATICALLY EXTENDED DATE. SINCERELY, SUI;TRUST BANK, ATLANTA AUTH~g~D SIGN~T~ ~ C. P~a~la ~sXstant Vice President PAGE Group Vice President A~ co~resc.3r, den~ and communication should be Oirected to o~ agent SunTrust Internatioaal Services. Inc.. 25 Pa~ Place. Attanta, Ge<:~gia 30303 Telex: 542210 RESOI,UTION NO. 99..225 A RESOLUTION OF COI.I.IER COUNTY, FLORIDA, PURSUANT 'i'O SECTION 1-19, COIAJIER COUNTY ORDINANCE NO. 96-6, AS A.XlENI)ED, :\PPROVING TIlE TRANSFER OF TIlE GOI,DEN GATE WATER .\ND WASIEWATER UTII,ITY FACILITIES AND CONTROl., OF SAID FACii.ITIES FROM FI.ORIDA CITIES WATER CO5IPANY TO TIlE FI.ORll)A GO",'ERNSIENTAI. UTILITY AUTIIORITY, WITtl NO CllANGE IN SERVI('i:. .-\REA BOUNDARIES OR SERVICE RATES, AS RECO.MSIENDEI) i~,Y TIlE COIAAER COUNTY WATER AND WASTEWATER AUTIlORITY. WIIEREAS. Ordinance No. 96-6, as amended, established the Collier County \Vater and Wastewater Authority (AUTItORITY) and specific poxvers alld duties; and WllEREAS. on August 13. 1996. thc Board of County Commissi~mcrs (BOARD) granted Florida Cities Water Company water and wastcwatcr certificates for iht continued provision of water anti waste\rater treatment service lo Iht (h~ldcn (Jalc ('it>' area; and Wl l E REAS. on March 9. 1999. thc BOARD adopted Resolution Nos. 09-1¢,9 and CWS-99-I, executing an Intcrlocal Agreement with the Florida (h~x'crnmcntal I !tililv ..\uthority (GUA). enabling thc GUA to purchase thc Florida Cities Water ( 'ompany's Golden Gate C'lilit,; System. xvhilc preserving certain County options lt,r I'uturc acquisition of said system, and providing for County lo hilX'C administratix c oversight regarding fiiturc rate increases, wherein thc (iUA agreed to remit regulatory assessment Ices to Count,,,'; and WtlEREAS. Ordinance No. 96-6, as amended, provides a process for utilities under local jurisdiction to file an application For transfer of water and/or wastcxvatcr certificate, fi~cilitics, or control; anti WltEREAS. on April 15, 1999. Florida Cities Water Company (TR:\NSFI~ROR) filed an application for transfer of its Golden (3ate Utility System to thc (TRANSFEREE); and WtlEREAS. on April 26. 1999. the AUTItORITY considered said application during its regularly scheduled meeting for thc purposes of receiving evidence and testimony regarding thc application for transfer submitted by TRANSFEROR; and WIIEREAS, thc AUT}IORITY eslablished findings of fact and conclusions of lax,,' pursuant to Ordinance No. 96-6, as amended, in formulating its recommendation to the BOARD; and WIIEREAS, the AUTHORITY issued its Preliminary Order No. 99-01. incorporated herein as Attachment "A". recommending that the BOARD approve thc transfer of the Golden Gate Utility System from TRANSFEROR, Florida Cities Water Company to TRANSFEREE, GUA, with no change to the current water and wastcwatcr sen'ice areas or rate tariffs. NOW, TIIEREFORE, BE IT RESOI.VED by the Board of County Commissioners of Collier County. Florida. that: I. The AUTHORITY'S Preliminary Order No. 99-01. including thc Ilndings of fact and conclusions of lax,,', is hereby approved and adopted by the Board of Cotinty Commissioners. 2. Pursuant to Section 1-19, Ordinance No. 96-6, as amended, the Golden Gate Utility System is hereby transferred to the Florida Governmental Utility Authority for the continued provision of v,'ater and wastewaler sen'ice for the service areas cited at Allachment "A". 3. This action authorizes no change in the water and wastewater rate tariffon file with the Collier County Water and Wastewater Authority. 4. The "declaration of exemption" portion of the application is hcrcby limited to the terms of the Interlocal Agreement cited by Resolution Nos. 99-169 and CWS-99-I, adopted by the Board of County Commissioners on March 9, 1999. This Resolution adopted this ///=::~. day of ~ c:~ second and majority vote favoring same. · 1999 after motion. .ATTEST: DWIGHT E. BROCK Deputy Clerk ~ttest Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COM MISSIONERS COLLIER COUNTY, FLORIDA b. to C. ha trsant"lg,~MELA S. MAC'KIE, C/fiairwoman ~15. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBI)IVlSION IMPROVEMENTS 'Fl IlS CONSTRUCTION IMI'ROVEMENTS entered into this AND MAINTF. NANCE I1' da:' of f 't AGREEMENf I:(}R SUBI)IVI.";ION .. 1999. between (;rcs Oaks Development Corl~ration. hereinafter referred to as "i)cveloper". and the Board of Count)' Conmfissioners of (.'oilier County. Florida. hereinafter referred to as "The Board". REClTA L~,: A.. l)eveloper has. simultaneously, v, ith tile deliveD' of this Agreemeni. applied for thc approval by the Board ora certain plat of a subdivision to be known as: L'Ermitage II at Grey Oaks. B. Division 3.2 ofthe Collier Count.,,' I.and Development Code requires tile Developer to post appropriate guarantees for tile construction of the improvements required by said subdivision regulations. said guarantees to be incorporated in a bonded agreement fi~r the construction of the required improvements. NOW. TIIEREFORE. in consideration of the foregoing premises and mutual covenants hereinafter set fimh. Developer and the Board do hereby covenant and agree as fiflltm %: I. Developer will cause to be constrt,ctcd: The paving, drainage, potable water, irrigation x,.ater, sanitary sev.'cr and street lighling improvcmenls for l.'Ermitage II at Grey Oaks within txvenly-fot, r (24) months from the date of approval of said subdivision plat. said improvement hereinafter referred to as the "required improvements." 2. Developer herewith tenders its subdMsion performance securitx (attached hereto as Exhibit "A" and by reference made a part hcreol) in thc amount of S ,.t3-. .C'...~ ........... ' ~ which amount represents ten percent (10%) of the total contract cost to complete construction plus one hundred 16A9 !i Conetruction and Maintenance Agr~¢mcnl Page 2 L'l!rmitag¢ II at Gr~y Oaks percent (100%) of tile estimated cost of to complete the required improvements at the date of this Agreement. 3. In thc event of default by thc Developer or failure of thc Developer to complete such improvements within thc lime'required by thc Land Development Code, Collier Cotlnt.x. may call upon tile subdivision performance security to insure satisfactory completion of the required improvements. 4. ll~e required improvements shall not Ix: considered complete until a statemenl of substantial completion by Developer's engineer along with the final project records have been fi~mishcd to be reviewed and approved by the Development Services Director for compliance xvifl~ the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt ofthe statement of substantial completion, either: a) noti~' the Developer in writing of its preliminary approval of the improvements; or b) noti~' the Developer in writing of its refusal to approve improvements, therewith specifying those conditions which thc Developer must fulfill in order to obtain the Director's approval of the improvements, tto,~,,ever, in no event shall the Development Services Director refi~sc preliminary, approval of the improvements if they are in fact constructed and submitted for approval in ~ccordancc with thc requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period ofone year after preliminary, approval by the Development Services Director. After the one year maintenance period by lhc Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. 'Fhe Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board. the Board shall release the remaining ten percent (10%) of the 'q~ I .'~-4} I Construe:ion and Mainicnancc Agtccrnenl I'agc .t I.'F, rrni~agc II az Ck~, subdMsion performance security. The Developer's responsibility for maintenance of the requir¢ci improvements shall continue unless or until thc Board accepts maintenance responsibility for and by the County. 7. Six (6) months after thc execution o£ Ibis Agreement and once within every six 1'6) months thcrcaficr thc Dcvclopcr may request thc Development Services Director to reduce thc dollar amount of thc subdMsion performance security on thc basis ofxvork completed. Each request for a reduction in Iht dollar amount of the subdivision performance security shall be accompanied bra statement of' substantial completion bv thc Developer's engineer together ~ith the project records necessary for review by Development Services Director. Thc Development Services Director may grant the request for a reduction in d~c amount of thc subdivision performance securit.,, for thc improvements complctcct as o£ thc date of thc request. In the even! thc Developer shall fail or neglect to fulfill its obligations under this A$recment, upon certification of such failure thc County Administrator ma)' call upon thc subdivision performance security to secure satisfactory completion, repair and maintenance of thc required improvements. The Board shall have thc right to construct and maintain, or cause ;o be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, thc improvements required herein. Thc Developer. as principal under thc subdMsion performance security, shall bc liable to pay and to indemnify the Board. upon completion of such construction, the final total cost to thc Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which thc Board may sustain on account of the failure of thc l)¢vclopcr to fulfill all of the provisions of this Agreement. Construction and .Maintenance Agrcemcnl I.'l!rmitag¢ [I al Grey Oaks I'agc 4 9. All of' thc terms, covenants and conditions herein contained are and shall hc binding upon the Developer and thc respective successors and assigns of` the Developer. IN WITNESS WllEREOF, the Board and thc F)evcloper have caused this Agreement to hc executed by their dui>' authorized representatives this .,_ ay of I}/fi,{ . 1999. Signed. Scaled and Delivered ia the presence of: ~> · ( 'a..T,4/.~,.-,,.~., .,,¢., Signature 'CAIHEP-J N F ROBIIAIL.~ Printed or typed name Signalure LEA ANN KORN Printed or, type~d name~ ~'rjes'r: DWIGltT F_~BttOCK, CLERK Approve~ as tb fora and legal sufficiency: / Oaks Developm4'orporali~ la: - ?.,,,,/ I ~.-." ~',..--~ By: ,...,-'?~-~'/ {' {"t Thomas W. Sansburv ..// Prin'ted ~ mtme President Title BOARD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY. FLORIDA ' Not 2o-O15,,~7.E $FIM,Z284 ! ~on~ ~128000188 C()I.I.IER COUNTY I.ANI) DEVELOPMENT COl)l{ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, that Grey Oaks Development Corporation. a Florida corporation, located at 2640 Golden Gate Parkway. Suite II 5. Naples. Florida 34105. e hereinafter referred to as "O`,sner") and Amssest Surety Insurance Company (hereinafter referred to as "Surer)") are held and firml) bound unto Collier County. Florida. ehereinal't,:r referred to as "County"} in the total aggregate sum of SFiftv three 'Fhousand one hundred thirtx eie. ht dollars and rift,,' seven cents ($53.138.57} m lawful money of the United States. for the pa)ment of s~hich sum ~e!l ~,nd trul5 to be made. xYe bind oursel`, es. our heirs. executors, administrators, successors and assigns, iomtl? and severally, firmly by these presents Owner Surer? are used for singular or plural, as the context requires. TIlE CONDITION OF Tills OBLIGATION is such that ~,shereas. the O`,vner has submmed for approval b) the board a certain subdivision plat named L'Ermital~e il at Grey Oaks Subdivision. and that certain subdivision shall include specific improvements xghich are required by Collier Count)' Ordinances and Resolutions ehereinafier "Land Development Regulations'). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW. TtlEREFORE~ if the O~ner shall s`,cll, trul) ,md faithfully perlbrrn its obligations and duties in accordance with the Land Development Regulations during the Guaranty Period established by the County. and the Owner shall satisfy all claims and demands incurred and shall full)' indemni~' and sa~,e harmless the County from and against all costs and damages ~hich ~t may suffer by reason of Owner's failure to do so. and shall reimburse and repay the Count) all outlax ;,nd expense xxhich the County ma,. incur in making ?od an? default, then th~s obligation shall be void. otherx¥ise to remain in full force and effect. PROVIDE. FURTIIER. that the said Surety. for value received hereby, stipulates and agrees that no change, extension of time. alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond. and it does hereby v, aive notice ofany such change, extension offime. alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTitER. that it is expressly agreed that the Bond ,,hall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the O,,vner and the Surety to the lull and faithful performance in accordance with the Land Development Regulations. 'l'he term "Amendment". wherever used in this Bond. and whether referring to this Bond. or other documents, shall include any alteration, addition or modification of any character ~hatsoever. Page I of 2 IN WITNESS WHEREOF. the pames hereto have caused this PERFORMANCE BOND t, be executed this ~'"~'~ dayof -~'~f~-c~-:~. .1999. Witness Grey Oaks ~t Amwest Surety ~ Name: Karen A. Ke~ Title: [ttomey in Fact STATE OF FLORIDA COUNTY OF COLLIER The fore~oine instrument was ackn(w, ledgcd bcibre me this ..~ --" ' ;-~dav . - _ of ~' /..f .1999bv Thomas W. Sansbury as. President ofGrc5 Oaks Development Co~. a Florida corporation~ on the behalfnfthc cn~oration. [lc is personally knm~n [o mc ::nd did not take an oath. - -~ _: ........ ,... / ~ '~;; ,.iv CO~U~SS~ON e CC 7~ ~1 ~ta~ ~blic i, '<~:~ ~t,~~ Il Printed Name: ~: ~1 My commission expires: _. / ~ ' ~/-~_eo ~ STATE OF FLORIDA COUNTY OF COLLIER Thc foregoing instrument was acknowledged bclbrc mc this 28th day of April. Ig09 by Karen A. Keller, Attorney in Fact for Amwest Surer,,' Insurance Company a Nebraska Corporation, on behalf of the corporation. She is personally known to me and did not take an oath. Notary Public ~ Printed Name: f'Y] ;Jcz.~ 'T'. ,,~P--,(b-i'T' My commission expires: Page LIMITED POWER OF ATTOR Y zpiration Date: i I I 100 I'()vvI. R N; MIII:R 0000947938 KNOW Al i i~.'~' T!iF.SE FRI!S}[N r. :Nat Amssesl Surer? Ir. surance Corrran? .~ Ne~aaka cc, q:x~atu)n, do~$ hcreh?, make..-n.,t~tu:e and app. mt Kzren A. Keller Ron Kasardz Mark i~n~on Piper Kelly llunt Paul-, A. Murdock A~ Emplo.'.ees of 5rdl~ick of Florida. Inc. :rue and la~ fu: A::o.'m~-:-,-f~¢:. '.;~h hm~!ed pc,.ser and au:N:.~:? :;,~' and ~,n bcha:: ' :%' t'ompan> a., surer.'. :o exccu:e, dcilt =..,r,d affix ibc ~eal .~l '.he c.mp:~n~ ll~eteto follo~, s Bid Bonds up to Contrac! Bonds up to $1.000.0OO.00 I.i~.¢n,*e and Permit Bonds up to $100.000.00 .s. fi'scell- n ~m,s l~ und~ss~ed set~emr/of Am'*esl SurelF Insurance ('omnany. a NcDa~ka ;,.rp. ,~':,,~. IX) IIEREBY CERTIFY ~hut :k~g P ,,~cr .I ..Mzorncy rcnmms m full fi~ce ~r~ G Coho. * ' ' ' * ..... ' ..... RESOI.t'TIONS OF TIlE BOARD ()f' I)IRE{~ORS * * * * * .......... ' ' * * * * * ' * h~s POA ts szgncd ~nd sealed ~y tans:mile under and b} :he au~hon:~ ,~l :k~ fidlo'*mg re~lulmns ad.led by the Board ,,f l)~rc;:,,~, ol Am'*cst Nurety Insurance k'u~ny t a ~etmg duly held on Dc~em.~ 15.: RESOLVFD. :~at the P'e~denl .r anx V~t'e Pre~ldc~:. m c ,w~nc::.m x~,~h tko ~e~rc~r} -r an) ,~sls~l selector>, r~'. ~p..t[q alt~r~c~s-m-lat': or ag~ls '~q~sly ~amcd lo such ~htm s~gned by the Prcs~dtml or any Vice Pres~den: ,,r h~rc~rF ,,r ~lsblnl ~ccre=r). and countt~a~cd dnd ~alcd I~t'a seal be rcqmred) by a duly au:~zcd aH~¢yq~-facl or agent; or *hem duly executed and scaled of a s~al ~ r~u~rc(l) hy (nlc .r "'~C atl(~nc~s-~n-l~ct or agcnls pursuant ~,~ and ~th~n l~ lim~ls of the evidenced by thc ~c of alt~y ~ssucd by t~ Co~ny to such pt~s(m (~ RFSOLVFD FURTHER. tP~l Ibc s]~naturc o~ any authorized ()f[]ct~ and I~ ,esl o( ;he C.m~ny ~) ~ ut'fixed b', ~a..~mtlc ~() an~ P(}A oe ce~fical~ca iI~ll~ 18c cxcc~t.)n azd dcht~) of an5 ~md. undcr~kmg, rcto}m~/lncc, or ()t~t~ ,urea> ~h:p .bhgumms ,)f t~c C():.:~zn>. ur~d .~;~h s~g~uturc and ~al ~hm ~ used ~11 rye t~ ~m~ lbrcc and cffecl as trough ~nu~lly , ~ ba~lS of ~tls:~c[o~ cx~dcncc) to ~ Ih¢ ~rsoms} ~*C na~(sl ~, arc subseubt-~ to inn ~Imn ,nstrur~nl a~ acknowtcd~,cd lo mc all t)~l hcts~;lhcy cxccul~ I~ n~ in h]~'~/thc~r autO,zed capac~t~0cs), a~ t~t by h~.t~r s~gnaturt~s~ on :he mst~nt thc ~s~(sl. ~ thc cnuty u~)n ~lf of which lhc ~'r~ms) acl~. ~t~ t~ instant. WITNESS my. {r~d and (,ftlc~al seal ~Seal ~ 5230 Las Virgenes Road Calabasas. CA 91302 TEL 818 871-2000 j 16B 1! DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 16B ~ DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 RES()I.UTION OF Till-: BOARI) ()F COUNTY (:(,,,,~ I(}NERS (}F (;('}1,1.1 ER COUNTY. FI,ORIDA ..s. PPR(}VI NG A MEM(}RANI}UM (}F Af;REEMENT AMONG TIlE COUNTIES, MUNICIPALITIES. AND ¢}'I'IIER COASTAl. (;OVERNMENTS OF C¢)I.I,IER. I,EE, CiiARLOTTE. S,~RASOTA AND MANATEE COUNTIES RE(;.S. RDIN(; COASTAl, BEACI! AND INI.E'F .MANAGEMENT. ('harlollc. Lec. and C,,llier. are a rccogn~/cd geographical unit with colt~nl~m coastal ~fO~lOn alld Inlcl managcmcnl prohlem,..mci WilERI~AS. thc~c cou~li~ ~fld ~,,mmunitic~ ha~c evidenced active interest in ~olving their c-a~tal erosion and inlc~ management problcm~ and I~avc informall~ and formall? to Iho~c ends: and WIII:REAS. Chapter 9M-311 I.a~, of Florida. thc 1998 Bcilch Acl. requires thc [)cpartmcnl of Ellvir~,~lllcnl:l[ Proleclion lo develop regatta;ti heath managcmcrll plans and to provide cn~,,.ragemcnl, rcquiremcnl~, and Ittfldi~lg for coordination and cooperation on a rcg,,m.~l level: and WIIEREAS. it in in thc best intcrcnln of thc Count) lo coordinate it~ beach and inlet managcmcnl projccl~ al a regional level in order lo cn~urc use of financial resources. NO%V. THEREFORE. BE IT RkS()I.VED BY 'Fill: BOARD ()1. ('f}MMISSI~)NERS f}}:C(}LLIER COUNI'Y. FLf)RIDA. thai: Section I. 1he ('h~iif~lll;ln ,,J tile Ilo;ltd of' ('Otlllt) ('()llTllll.~ll,licr~ aulhori/¢d I~ ~l~n the ~Jcmorali~Jlllll of A grc'c'mc nj ~llllOfl~ tilL' Colllll lc's. and M;In;itcc ['(~tlfltics regarding coa~f;iJ beach and inlet m~nagcm~nI. Se~ti~m 2. Thi~ R~olution ~hall ~akc effect imm~dialcl~ upon adoption motion, ~ecof1~ alld nlajorlty ~otc ~avor~n~ ATTEST Dwight E. Brock. Clerk Pamela S. Mae'Kit. Ch;lifl/wom;m Deputy Clerk Approved a,, to form ;in~jg~ttlrt- legal ~ufficiency: Heidi F. Ashlon Assi~t;~nt Counly Allorncy MEMORANDUM OFAGREEMENT 16 ' among the counties, municipalities, and other eoustal governments of Collier. Lee, Charlotte. Sarasota, and Manatee regarding COASTAL BEACH and INLET MANAGEMENT THIS MEMORANDUM OF AGREEMENT is made and entered into this//-~.7~ day of %O_~ . 1999. by, and between, th,e, coastal governments lo~ated in the aSove named counties] as political subdivisions- of the State of Florida, acting by' and through their various Boards, Councils, and Commissions. the governing bodies thereof: the Southwest Florida Regional Planning Council ¢SWFRPC): and the West Coast Inland Navigational District (WCIND): together comprising a Regional Coastal Advisory Convocation, hereinafter referred to as the "Convocation". WlTNESSETH: WHEREAS, Coastal beaches and inlets proximate to the Gulf of Mcxico. arc a valuable, natural resource. WHEREAS. Coastal beaches and inlets are an important component of our local economy. WHEREAS. Coastal beaches and inlets are a principal tourist attraction of regional significance WHEREAS. Coastal beaches provide storm protection to a multitude of public. private, and commercial infrastructures. WHEREAS. The coastal governments within Collier, Lee, Charlotte. Sarasota. and Manatee geographically define thc Southwest Florida Coastal Community. WHEREAS. the counties located within this coastal community have acknowledged the importance of their coastal beaches and inlets bv establishing various advisory committees, councils, commissions, and/or task forces to develop and implement coastal beach and inlet management plans appropriate for their communities. WHEREAS, the Florida Legislature, through the Department of Environmental Protection (DEP), has dedicated funding that fosters regional coordination of all coastal projects, and encourages regional approaches to ensure geographic coordination and sequencing of prioritized projects. WHEREAS, the DEP is authorized to implcment regional components of the beach management plan, including entering into agreements with coastal and waterway governments and authorities to cost share and coordinate such activities. 16B# , WHEREAS. the Convocation recognizes and encourages local coastal advisory councils as being instrumental in bringing formal recommendations to thc Convocation. NOW THEREFORE. in accordance with the purposes of this Memorandum of Agreement, the "Convocation" agrees to work together in implementing a regional approach to coastal beach management through acceptance and implementation of the following provisions, goals, and objectives. ..S. ECTI ON ONE 1. The Convocation recognizes its member Cities and Counties as one coastal region. 2. The Convocation shall pursue a regional approach to minimizing costs by coordinating and initiating joint projects. The Convocation encourages an equitable approach to sharing sand sources, and to this end. has as a goal evaluation of where sand nourishment is most needed, and pursuing funding for such areas. ~ 4. The Convocation encourages the pursuit of an assessment of the regional scope of sand sources available for renourishment and restoration. 5. The Convocation encourages a process through which all members can share information and review new and updated technology. The Convocation encourages members to collectively agree to select an individual spokesperson to represent actions and initiatives of the Convocation to the federal and state agencies, to act as the lead person in organizing ConvOcation activities, and to promote to the federal and state agencies partnering opportunities. The Convocation agrees to the SWFRPC to function as the central receiving agency and records custodian, and to act as the disseminator of information to ,ts members. SECTION TWO This agreement shall become effective upon adoption of a resolution, ordinance, or other suitable means of approval by each participating coastal government within the Southwest Florida Coastal Community, specifically adopting the provisions, goals, and objectives of the Convocation. Each individual coastal governmental approval shall serve as an authorization to participate in this Memorandum of Agreement, and the MOA shall be revised to add the name of each participating; coastal community accordingly. 3. This agreement may bc tcrminatcd by any party by providing 60 days writtcn notice to thc Convocation. IN WITNESS WHEREOF, this Memorandum of Agreement has bccn acknowledged and approved by thc following coastal governments: BOARD OF COUNTY COMMISSIONERS ATTEST: .: Dwight E. Brockj_.C/le?. tz.~'e N)fF'~D c p u t y Cle[l~' ltte~t ~$ t~ Ch~ frown's St~ature Approved~'aSlfo Form and legs! suf~cicncy J ,.,-i Hcidi F. Ashlon Assistant Count)' Atlorncy soliNET' A NETWORK OF KNOwI. EDGF" CONTRACT EXTZn$10n MEMORANDUM TO: Director, Collier County Public Library (FNO) FROM' Catherine Nevins, Executive Director DATE: May 15, 1999 SUBJECT: Contract Extension The Bibliographic Products and Services Agreement between your institution and the Southeastern Library Network, Inc. (SOLINET) expires May 5, 1999. The present agreement will be extended until such time as a new base contract is negotiated between SOLINET and OCLC. Please reaffirm all of the provisions of the existing agreement by signing both copies in the space below and returning one copy to Rhonda Pollard at the SOLINET office. Please contact her if you have questions regarding the contract or tkis extension. EXTENSION AGREEMENT In consideration of the mutual undertakings contained therein, SOLINET and the undersigned institution hereby agree to extend the Bibliographic Products and Services Agreement existing between them until May 5, 2000, or the date of execution of a new Bibliographic Products and Services Agreement between them, whichever date is earlier. Except for the date of termination of such agreement, SOLINET and institution hereby reaffirm and ratify all terms and provisions of such agreement. BOAP3) OF COUNTY COMMI~I~// ATTEST: ~iqh~ ~..~k, Clerk SOLINET TITLE: Executive Director Ap~oved as to ~orm ~n~ leqal. . , ~' April 15, 1999 f.icien~. Rt~es% ~S tO ~ai~ ~'~' __~~hm~lmr ......... ~ 800.,¢¢ 8558 ... aoa 892.7879 ~st~t, nt ~ntv 16C[ EXTENSION AND AMENDMENT OF AGREEMENT FOR BIBLIOGRAPHIC PRODUCTS AND SERVICES This extension and amendment of Agreement entered into this .~,~ day- ' of~ 1991 by and be%ween Southeastern Library / ' " and the Network, Inc , hereinafter referred to as "SOLINET, Collier County Board of County Commissioners, hereinafter referred to as "MEMBER." W I T N E S S ~ T H: WHEREAS, SOLINET and MEMBER have previously entered an agreement dated April 29, 1986 for the provision of bibliographic products and services by SOLINET to the.Collier County Board of County Commissioners and the Collier County Public Library; and WHEREAS, said Agreement specified that it would continue for a term of .three (3) years; and WHEREAS, SOLINET and M~-MBER have continued to be bound by said Agreement althcugh no extension of Agreement has previously been executed by the parties; and WHEREAS, SOLI?~ET and MEMBER desire to continue to be bound by t.._ Apri' 29, 986 Aqreement, as amended, gntil a new agreement is negotiated betT~een the parties; and WHEREAS, it is beneficial to ME~{BER and the public interest as well as to £OLi~;ET for the Agreement cf April 29, 1986 to be e:<tended for a fi:<ed ~erm; and Page 1 of 3 WHEREAS, it is necessary to amend the Agreement of April 29, 1986 to provide for said extension of this Agreement to be governed by Florida, not Georgia, law. NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated April 29, 1986 and those further stated herein, the said Agreement of April 29, 1986 is hereby extended and amended as follows: 1. The Bibliographic Products and Services Agreement dated April 29, 1986 is hereby extended until May 5, 199Z. 2. Amendment of Sect~oD ~7. Section 17 of the Agreement is hereby amended to read in its entirety, as follows: "This Agreement shall be governed by, subject to and construed according to the laws of the State of Florida." Except as expressly provided herein, said Agreement of April 29, 1986.remains in full force and effect according to the terms and conditions contained therein. The said terms and conditions are applicable hereto except as expressly provided otherwise herein. Page 2 of 3 16Cl "' ' IN WITNESS WHEREOF, the undersigned, being the duly aUthorized representatives of the parties hereto, have executed this e×tension and amendment of Agreement, under seal, as of the date first above written. SOUTHEASTERN LIBRARY NETWORK, INC. a/k/a SOLINET Executive Director AT.T~EST: ? James C.'Giles, Clerk BOARD OF COUNTY COM~4ISSIONERS · - .. '.~ COLLIER COUNTy, FLORIDA · :, ~ '-~ .'' Chairman Apprd~d as to form and legal sufficiency: Assistant County Attorney Page 3 of 3 Lea~e # TIllS I.EAS[: AGREEMkNI entered ,n;,, th,s //fi~f., day of between FI~ R~k and Sand ('ompany. Inc.. ~ h,,.c reading addrcs~ ~ 15~) ~W ~ ~rcct. Fh,r~da Cqy. Fhm~ 3303~. h~e~naficr ref~cd lo a, "I.ESSEE". and ('OI.I.II~R ('{)I~NIY. a ~lmcal su~ivlsi~ of t~ S~lc of FI~. ~ reading ~ddre~s is 33OI }'~t 'Iammm~ 'l'rad. Naplc~. I:hn,da 3~112. h~cinaft~ ref~ed lo a~ "I.ESSOR". wI'rNkSSETI! l,n consideration of the mulual covenants c~mtalned hertnn, and other valuable con~tderalll,n. parties agree a,, follows: ARTi(TE I. Demised l'rcmlsc:~ I.ESSOR hereby leases to I.I:SSEE and I.I:SSF. F. hereby ica~es from I.I,:.%S¢)R thc pro~-rty deserlhed as Lot 7. Secllofl ,I. Township 57. Range 76. hereinafter referred to as the "ik-m~,.cd situated in Ihe ('ounty of ('olhex and the Stale of Honda. for the sole pur[x~se of storing conslrt,ctlon malelqal$ and use oflhe existing building a,~ a colt, qructlon office. ARTICI.E 2. ~ LESSEE shall have and }mid the IX-raised Premises for a term of Three {3) years, o,mmcn¢,ng op the dale m which this Agreement is executed by fhe I.ESSOR If 1,3:SSEE'S project p, not c-mplctcd wllhin lhe i.ease term. lESSEE ,s granted the opmln, provided tt is not la dcfauh of any ,,f the term,, ,,f Ihls l.ea.se, to renexs' mine on a m~mth-to-month ha,q.~ for a lerrn no hmgcr lhan one { I } year. under thc same terms and condition,, a~. provided herein, by gwlng tS, TltlgmYI notice of i.F. SSI':[:'.% InlellIIOfl h, do %o lo the I.ESSOR not less ~han thirty (.t0} days prior to the explrallon of thc [ca~:hold e,,talc hereb.~ crcalcd Said not,cc shall ~. effect,ye upon placement of thc m~llce In an off, c,a} dcpo,qNn~,, of thc I ?nlled Nlalt'~ Post Office. Registered or Certified Mad. Po~tage Prepaid LESSOR re~:rve,, Ihe rlghl lo lerlTIIrlale tMs I.ease. with or w-lthou! cause, by pr,,s ,,ling I I'.SSl'J: with thirty {30} days ~Tllten nolice to the address set finlh In Article 13 of thlt I.ea~.'. NiHd n,l~cc shall be effectwe upon placement of the notice In an official dep~nlt~,.' of the !!ruled .glatt, Registered or ('erlHled Mall. ih,,,tagc Prepaid ARll¢'l.l,i 3, Kcnl In lieu of rent. prior to Iht' !crmlnat~m ,r cxplral~m of Ibis lease. I.I:SSI'.I: shall dcn,,h,,h Iht' existing building located at lhe I~:ml~-d Premix, c, lo {hNn' slab and d,r,[x~,.e of all dcmohhon dcbrl,,. [.ESSI,:E is not resp~mslble fin' removal ,f underground utlhtte,L ha/ardous material and -r thc removal or demolition of asbestos abatement. AR] ICI,F..1. Othcr kx~mses and {.'barges LESSOR shall no! provide fl,r any re. pair. maintenance or Improvements m. on or around thc Dem~s~l Premises. LF. SSEI'~ ackno~,,ledges that thc restroom within the Ik'mlrazd Prcmlse,~ is inoperable due to an obsolete ,er, age system and I ESSI-~E he?her agrees lhat the I.[-:SSI{li will utd~ze a portable restrm~m at LESSI,:.}:'S '~de co,.t and cxp~n'.~ for t['c term of~h~s LESSEE shall pay all c~p~ts ass,[~:laled g ~Ih 'he ik'mtsed I'reml~es mcl~ng, hut not hm~ted to. janit~al ~'Jce~ and any a~ all utlhty charges. I tlltty c~rgc$ ~ll mcl~e, but shall not ~ hm~ted lo, elcc~clty, light. ~at. air c~dlllomng. ~cr. ~al~. ~w~ and tc}cp~ne or other commtlfllCatlofl ~ic~ u~d, r~ed ~ ~pphcd Ih~cu~n or m connectl~ with I~ [~m~d Prcm~%. If I.ESSf)R el~ to ~ly any ~'~ces, I.ESSEE a~ Io pa~ I~ same as add~tmnal r~t w~lhm thirty {30} days of i~ ~ei~ of~ I.ES~R'S bill ~ invoice. ARTICLE 5. Modifications to lX'm~sed PrcmJ-.c> Prior to making any changes, aheratmn.,,, addmon~, or Improvements to thc l)cmised I'rcmtsc,,. LESSEE will provide to LESSOR all prtqaosals and plans for alterations, Improvements. changes or additions to the Deml~d Premises for LESSOR'S ,~rllten approval, specifying in v, Tmng the nature and extent of the desired alterat~m. ~mprovement. change, or addflton, ahmg with the contemplated ~tarllng and completion time Iror such prolect. I.I,{SS¢}R ,n ~t'~ designee will then have ,~lxty ((~}) day,, wdhin [.1{~1:.[: ¢,,vcnant~ and agree,, in c,mne~t~,m ~llh any malnl~ancc rcpa,r &k,,rk. crccll*m. tmprovcm~ts tn thc ik-m~wd i'rcm~-~, tn ,,h~c and comply ~'~th all lht~ and I%mre aprl,~ahlc la~,. ~d~nancc~. ~lc~. rc~ulat~,m~, and rcquncment~ of the I'mtcd ~tatc, ~,l' Amt~ca. ~taw .f I'h~nd;~. ('ounly .f('olhc~. and an) and all c~cmm~mtal a~cnc~t', All ah~an,ne. Iml3ro~.'cment`. and addtt.m.. m~allcd. ~ ~mcd a~ al~ac~d to lhe f'rcch~ld and t, ~%e ~omc W~-~y ,,f I.I ~)1{ Iq,,r h~ thc I~nalum -f Ih~ l.ca< or any rt~c~ al t~ Ihere-f. d~rccl% I.I:~SI:I: ~hall prompll~ fcmo~¢ the addfl.pn~. Im~o~cmenl~. ullcral,,n,. IlXltlte% ;Irld ~ma~¢ ~ca~cd t- the IX~wd l'rcm~ h~ ,uch removal; and ~n dcfauh therc-t I.I ~l ~I( m.~ c4~plc~c ~d rcm-val~ and r~a~r~ at I,i:5~!:!:'~ i.i:S.M:t c,,~ cndnt, and a~ree, m,~ h, u,c. ~.~.up.'.. ,uff~ or ~'rmtl ~a~d I~nu,cd pa~ I~c,,f I~, ~' u.cd ,,: ,~cup~cd fi,r any ?ur~,-c c~,nlruQ' t,~ la~ ,,r the rulc~ ~hhc aul~lly AR'I i( '!.!: r, A~a;c--~ t~miwd l'rcml~.~ I.I:SS(;R. ~t., duly aufixg~,'ed agent.,, rcprc~.-ntall'`C~ and empIoyce~. ,hall h;~c ~hc r~yh~ JUcr rca~hlc n~flCC hi I.I:SSI~I:. t- cnlt~ Inh~ and u~m thc Ik-ml~d Prem~ or an~ pan thcre,,t ~1 ~11 rea~mahlc h,ur, fi,r Iht pu~,~' of' cxam~nln~ thc ~umc and makm~ repall'~ and fi~ Ihc pu~ -f in~-ct~ f~ c-mphancc ~tlh I~ ~ovl~,~n~ ~l fh~ I e;~e ,~rt'cf~ent A R1 ICl.l= IJ:.~S}'.I' c,,'`k-nant`, and agree, n~t I. a,,l:n ~hm`. Ica,a: ~r t. ,uhlct Ihe x'`h.lc .r m~? p;~rl ,fl thc I.I?SSOR. Any ~uch a~gn~ ~g ~uhkq~mg. e~en ~lh ~ c,m~'nl ,d' I.t:~SI~R. ~hall n~fl relieve I.ESSI:i~ from habflfly fig paymenl of rent ~g ~)lhcr ~um~ ~rcm provided or lh~m Iht ,,hhgaIum I,~ kccp and ~ ~mnd by t~ t~. ~ondfl,m~ and c,~enant, of lhl~ I.¢a~* 1he a¢~cplance ~)1' renl IY~m~ any o~hw ~n ~hall md be d~mcd Io be a ~a~'cr -I an> of'the pruvl,.m~ .t lh~, I ea.,c ~, ht ~. u c~m~enl lo thc a~Fnmc~t ~)l' Ih~ lca~ -f ~uhlctf~ng {,l' thc Ik'n,~'d Prcmt~'~ ARI I( TI: k. imJcnmJb' I.J:S.~I:I:. m ¢-n,qdcrat,,n -f Ich Ih,liar,, I%ll~ ~"~1. thc reccmpt and -ul'flc~cncy-f ~h~ch ~, hcrch~ ackn~ lodged. ~haH mdcmmt~', delYnd and h,,Id h;~rmlc,~ I I'~SO~. ~, a~cnl~ and empl-yec~ h.m and agalnht any and all hablht~ I~tatuh,~ ~r ,,~hcr~ ,,cp. danlugc,, clam~,. ~ufl~. richland,. }lJdgmt. nl,. inl~c~t and cx~ (including. But n~d hmfled to. att,,mcyC ft'¢~ and d~bur~cmcnt~ ~lh al trial a~llalc Ic~cl~ ar~mg, directly ,,r mdmrcctl), b{,m an~ Inlu~ h~. ~t death ol. an~ ~'r,~)n damage Io pr~'~y ~ncludm~ h~ of u~ fl~e~c'-fJ rclalcd I. iA~ I I:~1:1:'~ u~' .f lhe Ik'm~c.d Prcm~. IBI any ~ork or lhm~ ~ hat~cr done. ~r any condition created (other lhun hy cmploycc~, agcmt~ or contruct~r~) b~ ~r on ~-half .t I.l:~l~l: m or a~ml the I~m~cd I'rcm~. ((') any c~mdimm of thc l~m~wd I'rcm~'~ due I. or re~uh:n~ ff-m any default by I,hSSt:I: ~n ~he ~.rlbrmuncc of I.FS~EI:'~ ohh~amm~ under lh~ I ca~'. or {I)1 any act om~.m [~r nc~h~cncc -I agars, conlrach)r%, emph,ycc,. %ubtenanl%. hcen~.c~ ,~r in%liCe-. In ca~' uny aCllOn or pr~&'eedlfl~ brought agam~t I.I~SSOR by rea~m ot any one ,r :re,re thereof. I.I~SM:I: ~hall pay all co~t~. f¥¢5. ¢x~n~ and hahflfl~c~ re~u~nn~ thcrcfr-m .md ~hal] dcf~nd %uch actn~n or pn&'eedm~ l~ I.ESSOR shall not be hable fi,r any ,njur2..' or damage to person ,~r pn~pcrt) calr.~.'d [35' thc elements m' by ~lher pers~ms m the lk. ml.~d I'rcmlsc`...r from the ,,trect or sub-~,urfacc. ,r from any other place, or Ibr any mlerferencc caused by opcr:,tmn,, bv or construction of any public or quas~-pubhc lhe LF..~S¢)R .,hall not be hable f(~' any damage~ m or Io,,s of. ~ncludlng Io..,, due t~, pctly thcli. any properly, occurring on the Ik'mt,~ed I'rem~', ,r :my pan thereof, and thc I.lsSSI:Ii agrec~, to hold I.I..SSOR barmier,, from any claim,, fi~r damage,,, except ,,,,here such damage or Imury r, lh¢ rc,,uh ~1' ~,~ negligence ~,r ~'lllful ml,,c~,nduct of thc 1.1:%S~ )R ,,r ,1`. cmph,ycc, I.I:SSEL ~hal[ pr,,~dc and mare!am gcncrat h:~hlhty and I~-~)' habfl~ly Insurance ap~ovcd by ~hc ('olht~ f'oun~y ~k Mana~cm~l I kTanmcnL I~,r not Ic,~ than (~c Mdlu,n I~,llar~ and ~o~('~I~ ~SI.I~t.~L(~) combined ~n~lc hm~1~ dunn~ I~ t~ nf Ih~ A~rccmcnl In add,l.~n. I.F~SSEE ~11 ~,,~dc and ~m~m Work~'. ('o~-n~al.~ Insurance c(,vcnn~ all cmpl(,ycc~ Statul~ IJm~s m compha~c ~th ~ a~i~cahic .~a:c and fcd~l law~ 'l~c coverage ~hall include F.~I~'(~ I.mNhty ~1~ a mm~mu~ hm~t ()f (~c Ilundred '~u~nd I~)llar~ ami ~,) (Siffl.f~L~)) each acc~dcnl. Such In,uranc¢ p~lhcyHc,,t ~hall h~t ('-Ihcr (,,ant) aL an addll,mal m~urcd lhcrc,n h~ ~dcncc .I ~uch in~uranc~ ~11 ~ ~o~dcd Io t~ ('.lhcr ~ ~n~y R~k ManaFcm~mt l~'parlmcnl. ~l~l Tammm~ Trad. Adm~m~irall~ Building. Naple~. Florida. ~4112. fi~r ~ppro~al prl,,r I, Iht comm~ccm[mt of th~ [.ca~ AFrccmcnl: and ,hall include a ~ml,.m rcqmrlnF ten ~TII)day, prmr ~TITT~ ~)IlCC tO f'olli~ County c o ('()0nly ~l~k ManuFcmcnt ~a~mcnt m Iht' c~t-nl ~)l canccllalmn or c~ngm In ~hcyllc~t covmgc. I.[:SSOR rc~-r~c~ (h~ riehl Io rca~mahly amt.nd Iht rcqmr~ ~) ~c o~ mmcc m ~nt~nF to I I:SM.L. ~rcu~m receipt of ~uch nol~cc I ~11 ~vc th~)' I ~Oi day~ m ~ h~ch m oh~a~n ~'h add~m~al m~ance AR'! ICIL Irt. Maintenance I.F.S.%EE shall, al ils role co.! and expend, keep thc l)eml~d I'remlse., clean at all trow'.. Il ',aid l)cms,,ed l'rcml~'~, arc not ker~ clean in the ~,pmu,n ,,f I.li.~S¢)R. I.I:SSl-.I:'S manaucr ~,.lll N.: ~,, ad,,Iv.'d Ill ~?lllng. If o~rccl~se acll(~rt i~, ntt! takcn ~lthln f,~t'11t.1,' t~O) da)~ ,,f Ibc receipt ,if ,ach m~tlcc. i.[:SSOR ~lll caul: thc ~amc ~o b~. cleaned '-,nd c.rrecled and ! t:SM'.I; ,hall a~,umc and pa.~ all ~c~' clcamn~ c~t~ and ~h within I~ (101 da~'~ of r~c:pt Ibc I.l:%hl' I:. a~ ~ ~dc o)'.t...hall repair a;I damage to thc IX'mi,cd I'rcmr. c.. cmr-a.'d hy I I'.~%hl.. It~ c1TIplo.','e¢~, agc~t~, inde~ldt'~lt c,mtractor,,. ~:u¢,1~. Irlilt¢C~. hceH-,4.'e~, or patron~ The l.l:S.%l:l', at its ,,4d¢ o,.t. ,hall rcm,sc from thc Ih. mr,cd I'rcm,w,, m accordance ~s,th ;ill apphcabl¢ rule,, la~,, and rcgulalu,n~, all ~,hd. hqmd. ,cmr~,hd. am! .ua,<-ou, tra,.h and ~s;,,~e ;md rehr.¢ of an)' nature vthat~ocser v. hlch mlghl accumulxc and am, e from the opcrall, m,, -I Iht I I.S',ilq.'S bu,,met*;. Such tra.h, st a..le and rcfir-c ,hall N: ,u,rcd m chr, ed c~mtamcr'. :,pprmcd h.. thc I I...%St H,t Failure -! [ 1.5NI.lt t,) c.rnpl.', I-r nmel) 19Ol dj.'.,, ~smth an.',' material prO~,l·mn Lea~ ,,hall ¢on,,~llute a default. I/:S%¢)R may. at il,, optHm. Icn'nmale Ih~ Iea~: after lh~rly ~l~t day, sSI'lilt11 m~llcc h, I liS,lei:, unlc,,~ Iht' dcfaull N: cured v, llhm thc nOllce p<.'rlr~d ((If' s, uch ad(htn,n:d line!' IS rca,<mabl) required to c~¢ct ,ach de!aah) lh,u. cscr. lhe ,<currcncc ol any ,,f ,~hall c(m*,l~lutc a de!aah h)' I.I:SSi:I'.. and Ibm I¢a,¢ ma.',' N.' smmcdmlcl.x ~crmmatcd hv la) Abandonment of }'al*,H'~¢a'h,m .f I.I-";MI. or an alzt'nt -I I I :'i.~l'.l' of an.', re,Ir1 rcqtitred I. bc !urni,,hed h, I.I':SS( )R pur,uant to Iht' term., of thl. I ca-!' lc} Fihng of m~l~.cncy, rc.rt:amzamm, phm or arrangemcm! or bankruplc5 IdJ Ad.ludltamm as bankrupt. (c) Maksnff ofa ttcneral a,'*sgnmcnt of thc ~cncfi! ol'crcd~t~w, (fl If ! I:SSI'.I' ,ul'ft~", Iht, I.ca~c Io h~' taken under any v. nt ,nt' cxctut.,n. In !Ix: c~,ent of thc occurrence of an~,' ,if '~hc tbrcgmng default,. ~n thl~ AR I I( '1.1:. I.I;SS( )R. in addition lo any other rights and rcmcd~c~ ~t ma5 haxe. ~hall have :he smmcd~utc rsght t,, rc-cntcr and remove all ~n~ and ~ny from the I~m,,cd I'rem~. Such pro~y may be rcm,,~cd anti stored in a ~hhc ~arch,,u< or el~ here at thc co~t of and li.r thc account .t' l.l~SSl'.h, all t~ !Ih, mt -crx sec ot ~OllCg 1~ r~l~ lo leffal pn<cs~ ami wlt~mt N'm~ deemed guilty of ~re~pa,,. ,,r N'mt, habit I.r an~ Io~ The LESSOR ma)at it,. option lermlllale thps I.ca.,e after receipt by I.I:SSI:I; of than)' 13¢ti wntmff ifa hen .. filed days. pageant h) thc l:londa Mechamo, i 1601 L£SSOR ~hall I..o ¢~'en! be charged ~lth dcfa-h In the pcrforma.¢~ of a.y ~ndt~ unl~ a~ un.I iJL~R ~11 ~c faded ~o ~rf~ ~h ohliga.~ wnMn lhmy ~30) daw ~m ~h ~dm~al .mc a~ t~ rea~nahly reqmrcd to c~cct ~uch def~uh) after no.c~ to I.I:~)R ~y [.}LSSEE ~]y S~Cl(Vlng ~'h~eln I.ESSOR ha~ failed fo ~f~ any such -bh~atmns. ARTlCTE 13. Notices An.,,' no,cc ~hlch I.ESSOR or I.ESSEI'~ may Ix- required In g,vc to thc -Ihcr pan)' thall hi. ~n ~'ntmg lo the other part.'.' at the following addresses' LESSOR: Board of {'nunty c/o Real Pnqx-rty Mgmt. Ik~t. 3301 ]'amlam~ 'Ifad Adm~mst~lmn Butldmg Naples. Flor~ 3Al 12 I.I:SSEE: Fbn'lda Rm:k and Sand ('ompany. Inc. 150{~'} SW 4OX* Street I:lm'lda City. Fhmda 3~()3A ..Mh.'n!lon: VICe Pr¢,,ident of ('on,,lrtlCllon cc: ¢}fficc of thc ('ounty Attornc.~ Facilities Management [~'parlment i)lrcctor A RTI('I.F. I 4. Surrend~ of Prrm~ LESSF. F. ~hall deliver up and surre~xler to I.I:S.',LOR pus.,~s~lon of the IX'ml~..d I'reml~..,, at Iht' lermmatlorl of lhl~ i.ea~, or Its earlier ler~lnallon as htmem provided, broom clean and In a~ u~ax! condition and repair a~ Ihe ~me ,~hall be al the commencement of Iht. Icrm of Iht, I.ca,,c or may i:avc been put by LESS()R or I,ESSI-.E during the continuance thereof, ordinary wear and lear and damage by fire or the element,, heycmd I.ESSEE'S c~mtrnl excepted. I.ESSI{Ii ,hall dcm,dish thc cxl~,ng hmldln~ h<atcd at thc I)cml~:d l'rcm~,c, m th,,r ,,lab and dlspo.~' of all dcmohtmn debris. I.I:SSEIi I~, nol rc~pon,,,ble for removal nf underground ulllltlr,.. hazardous material and'Or thc remoxal m demohl.m of ashesto,~, abatement. ARTICI.E 15. Gcncral l'rov~smn,, LESSEE expressly agrees Ibr ,,ell I,, ,,ucccs~' and assTgn.% to refrain fr.m a.v u,c .f' the [)emir, ed Premiss v,'h~ch ~ould mlerferc ~'lth or adver~ly afl'eel the operation ,r maintenance .f LF~S¢)R'S &tandard ~qaeral,on~ ~ here olht-r operatlon,~ ,,hare common facilities. R,ght.~ nol ~r~..cfl'~cally granted the I.l:SSl. l'~ by thl*, I.ease arc hereby re',erv,:d h) the I.ENN( )R I.ESSEI~ agree~ lo pay all ,,ale~ la,~ Imp~.'d em Iht' rental of the I).'ml~ed Preml,,e,, v, here applicable under la~. I.ESSEE agrcc~ to pay all tmangtblc per,mai property taxes thai ma)' be impo.~d dlie h) thc creation, by this I.ea.,,ie. of a lea.c, ehold Interest In the Demi~d Premiss or I.I{SSEI:.'N possession of said leasehold Interest in the Dem,~d ARTICLE 16. 'Environmental C'onccrn,~ LESSEE rcpre~'nt~,, warrants and agrees io mdcmn:fy, rclmburse, defend and I~)ld harmless, LF-SSOIL from and against all co,ts (including att,~mcys IL'cs) as,~ertcd against. ,reposed on ,)r incurred by I.ESSOR directly or indlreelly pursuant to or In conncctwn with thc apphcation of an)' federal, stale, local or common law relating to pollution or prolecll.n of the en,.'mmment. ARTICLE 17. Radon Gas in Compliance with .e~tlon 404.056. Florida Statutes. all parties are hereby made a~arc of thc following: Radon is a naturally occurnng radioactive ga, that. when it has accumulated in a budding sufficient quanlities, may present health risks to ix'r~ons who are CXl~sed tn II over lime. I ertl., of radon thai exceed federal and ,tale guidelines ha~c been found in buildings in [:hmda. Additional Information regarding radon and radon testing may he obtained from )'our County Pubhc Ilealth Department. ARTI('I.E I ~, ~ All peT~s Io whom Iber, e prL-.~t'nts may c.~ ~rc ~t ~ ~tic~ of t~ fact thal thc ,nt~c~l of t~ LESSOR in thc [~1~ Pr~ s~l] ~t ~ subj~t lo li~s f~ ~m~vt~]~ made by thc LESSEE. a~ h~s f~ ~~t~ ~e ~ I~ I.ESSEE a~ ~fically ~ohibited from attaching ~ ~ing a li~ ~ !~ mt~t of t~ I.ESSOR m t~ [~d ~i~ ~ any pa~ notice in g~ ~suant tn t~ Wnv~n~s of and m cnmphance with ~i~ 713.10. Florida Statutes. ARTi('I.E 19. ~ This i.ca,,c ~hall become effective upon execution by both I.ESSOR and I.F. SSliI: ARTICLE 20..(~ This l.ca~ ~hall l-<' governed and construed In accordance with the lab ,, of thc Nt;th: ~,t' I h,rM:L IN wrINESS WIIF. RF. OF. the parOcs ho't-tn have hereunder .~t forth thclr hands and <al,~. AS TO T]IE LESSOR: DATED: ATTF. ST: DWIGIIT E. BRCK_'K, Clerk Attest ts to ~:~,,,.n s AS TO I.ESSEE: 2A,TED: APRIL 7, 1999 "3A'ITN'ESS {s~gnature} c .. {~nt WllNE~q~gnaturc( ~GGIE FOX (pnnt name) H ORII)A RCX'K AND SAND ('t)MI'.XNY. IN(' ,hiE% F. TO .II:('ISF.. JR., Pr~Mcnt Approved as to form and legal suffioen~.: ilcldi F. Ashton Assistant Count) Ail(ri'nc) 16 4 PURCHASE CONTRACT THIS PURCHASE CONTRACT ("Contract") Ts made and entered Tnto this 11 day of May ~ 1999 ("Effective Date'l. by and between Collier Count~orida (hereinafter referred to as the "Buyer") and ERICSSON INC-~-D'elaware corporation (hereinafter referred to as 'Seller") R_ECITA_LS Re1. Buyer prev,ously purchased certa,n radio communlcahons systems products that were either manufactured by the Private Radio Systems D~vls,on (PRS') of Seller. or were branded for PRS and use PRS applicat,on software (collectively defined herein, exclusive of :he Vendor Products and Excluded Products defined below, the "PRS Manufactured Products') Together wrth the PRS Manufactured Products. Buyer may also be using components forrnmg a communications system Ithe 'Buyer s System'~ Re2. Buyer has either (~) prepared, or (,) previously reviewed and approved the preparation and delivery of an audit form with an inventory of lhe PRS Manufactured Products and other products and components that Buyer is using A copy of the ~nventory audit form ~s attached hereto this Contract as E_x~b!t_.A and ~ncorDorated here,n by reference ~the "Aud,t Form") Re3. Seller has rewewed the ,nformat,on on the Audit Form and has class~hed the products shown on the Audit Form into one or more of the following five categories Category 1 - PRS Manufactured Products currently I,sted ,n the 1998 PRS Products and Services Catalog. ,ssued 5/1/98 Hhe "Current PRS Manufactured Products, Category 2_ - Th,rd party vendor products also currently t,sled ,n the 1998 PRS Products and Services Catalog. ithe 'Current Vendor Products") Category 3 - PRS Manufactured Products that are no longer hsted m the 1998 PRS Products and Serwces Catalog (the ' Non-Cur;ent PRS Manufactured Products") Cate_gory 4 - Third party vendor products that were prev,o[Jsly but are no longer listed in the PRS Products and Serwces Catalog (the Non-Current Vendor Products') R-6. RoT. Cate og~c~5 - Third party p'oducts that do not fall ~n any of the four Categories I~sted above including but not Imputed to components and serwces linking the Buyer's System to other products or systems (the 'Excluded Products') For purposes of th,s Contract. the Current PRS Manufactured Products {Category 1) and the Non-Current PRS Manufactured Products (Category 3) shall be hereinafter collectively defined as the "PRS Manufactured Products'. For purposes of th~s Contract. the Current Vendor Products (Category 2) and the Non-Current Vendor Products (Category 4) shall be hereinafter collectively defined as the 'Vendor Products") Seller has delrvered to Buyer a proposal dated Jan 31. 1.~,9cj and wdh MBP #20654 (the "Seller Proposal") in which Seller offered to replace certain PRS Manufactured Products w~th Current PRS Manufactured Products (the 'PRS Replacement Products') and. if indicated on the Audd Form. to replace certain Vendor Products w~th new Vendor Products (the 'Vendor Replacement Products i A copy of Seller's Proposal ~s attached hereto thIs Contract as Exh~b,t B and incorporated here~n by reference The PRS Replacement Products and the Vendor Replacement Products hf any) shall hereinafter collect~vel¢ be referred Io as the Products ~ Seller ,s prepared to offer ~ts Year 2000 Readiness warranly ~as defined herein) for the PRS Replacement Products and those PRS Manufactured Products I~n Categories 1 and 3) m Buyer's System lhat are not replaced by Seller W~th respect to the Vendor Products and Excluded Products Seller grVes no Year 2000 Readiness Warranty but Seller w,II pass through the Year 2000 Read,ness warranty. ~f any. that ~t receives from the other vendors Buyer has accepted Seller s Proposak based upon lh~s Contract w~th Seller. to provide Buyer w~th lhe PRS Replacement Products the Vendor Replacement Products hf applicable), and other servtces ;ts set forth in Seller's Proposal Buyer and Seller desire to enter ~nto th~s Contract to set forth ~n wr~hng their respect,ve rights, duhes and obhgat~ons w~th respect to the PRS Manufactured Products and other Buyer's System components sold by Seller whether under th~s Contract or prewously Because Buyer's System may be at r~sk w~th respect to certain Year 2000 Read,ness Issues due to certain third party products, such as the Vendor Products and Excluded Products. th~s Contract also provides certain protections for Seller w~th respect to such third p;~rty r~sks !604 NOW. THEREFORE. WITNESSETH that for and in cons~derabon of the mutual promises contained herein and other good and vaiuable consideration, the sufficiency and receipt of which are hereby acknowledged, it ~s mutually agreed between the parl~es that the Recitals are ~ncorporated herein by reference and that the following terms and condmons shall apply: Purchase and Sale Seller agrees to sell and Buyer agrees to purchase the following ~tems (~f included and if applicable ~n accordance with the terms of Seller's Proposal): A The PRS Replacement Products ~n the quantities ar'~d at the prmes ~dentified in Sellers Proposal, The Vendor Replacement Products in lhe quant~hes and at the pmces identified in Seller's Proposal. The installation services fn the quantities and at the prices idenhhed in Seller's Proposal. The software services in the quanPties and at the prices ~dentified ~n Seller's Proposal and subject to the terms and conditions of lhe EDACS F.X Agreement attached hereto as Exhibit C and incorporated herein by reference (the 'EDACS FX Agreement"). If applicable, lhe EDACS FX Agreement shall be executed by Buyer and Seller simultaneously with the execution of this Contract. Eo The training courses, if any, shall be provided by Seller in the quantities, at the locations and for the prices set forth in Seller's Proposal Seller agrees to provide the Products and deliver the services to Buyer ~n accordance with the mstallat,on schedule to be mutually agreed upon and attached hereto as Exhibit D and incorporated herein by reference (the 'Schedule"). 2. Buyer's Obligations: A, The Buyer's obligations set forth in this Contract shall be performed by Buyer in a timely and complete manner in accordance with the Schedule, or as otherwise mutually agreed upon by Buyer and Seller in writing, to allow Seller to timely perform its obligations under this Contract. In addition to any other obligations specifically identified in Seller's Proposal and this Contact and in ~, Supplemental Responsibilities, attached hereto and incorporated herein by reference. Buyer shal' have the following obligations: 2 Buyer shall designate a project manager ("Buyer's Project Manager") to act as Buyer's primary interface with Seller, If Buyer s Project Manager :s not a technically qualified member of Buyer s Year 2000 Task Force. Buyer shall also make available to Sailer a technically qualified member of that Buyer's Year 2000 Task Force or Buyer's Year 2000 consultant, which technically qualified person shall be called ~Buyer's Y2K Expert'. Buyer shall prowde ready access to all sites and faoht,es owned. leased or otherwIse controlled by Buyer ("Buyer's Faclht,es '), Buyer's Project Manager shall participate wIth Seller m the preparation of the project planning and the Schedule Buyer's Y2K Expert shall dewse for Buyer (and assure Seller that Buyer has) a sufficient solutio[~ to the Year 2000 Readiness issues as to all Vendor Products. Excluded Products and interactive systems hnked to Buyer's System. Buyer's Y2K Expert shall also be available to receive on behalf of Buyer any warnings as Seller may (but shall not be obligated to) provide about Vendor Products and Excluded Products or other Year 2000 Readiness concerns, and Buyer shall then work with Buyer's Y2K Expert to address those warnings or concerns, so that Seller's Products can function as contemplated without impairment by Vendor Products. Excluded Products or ~nteractive systems linked to Buyer's System or other factors outside Seller's scope of work ~n th~s Contract: Buyer shall provide, at Buyer's expense, all modifications to Buyers Facilities. if any, specifically set forth in Seller's Proposal. including, but not limited to, electrical system changes. UPS installation, HVAC changes, console furniture changes, etc. All such modifications shall be provided by Buyer in a good and workmanlike manner and in accordance w~th the dates set forth in the schedule. Buyer shall also be solely responsible for the Year 2000 Readiness of all Excluded Products and other interactive systems linked to Buyer's System; Buyer shall provide, at Buyer's expense, electricity for Seller to ~.,se to install applicable Products' 3 A 7 1604 Buyer shall obtain, at Buyer s expense, all permits and hcenses from an,/federal, state or local government authority to perform work at Buyer's Facilities. together with any modifications required to Buyers Federal Communications Commission (FCC) licenses. ,f any. necessary for the operabon of any Products purchased under th~s Contract: and If not purchased from Seller. Buyer shall provide to its users Product training. Buyer's Y2K Expert shall also explain to Buyer's personnel who have a need to know about the relevant Year 2000 Readiness issues, including any concerns identified by Seller. such as the dsk that even though Seller's Products function as expected Buyer's System may not function effectWely if Vendor Products or Excluded Products or other interactive systems linked [o Buyer's System are not Year 2000 Ready. Buyer represents and warrants that Buyer and Buyer's Y2K Expert have read and reviewed the information contained in the Audit Form and that the information contained in the Audit Form is accurate and complete and Buyer knows of no other product or equipment that should be listed on the Aud,t Form 10. Buyer represents and warrants that it has consulted with Buyer's Y2K Expert or other qualified adwsors about the risks to the functioning of Buyer's System if Vendor Products or Excluded Products or other interactive systems linked to Buyer's System are not Year 2000 Ready. Seller's Obligations Subject to Buyer performing tls rectprocal obhgations in a timely and workmanlike fashion. Seller's obligaPons set forth in this Contract shall be performed by Seller m a timely and workmanlike fashion in accordance with the Schedule. or as otherwme mutually agreed upon by Buyer and Seller in writing. In addition to the other obligations spectfically identified in Setler's Proposal and this Contract and in Exhibit F. Supplemental Responsibilities. attached hereto and incorporated herein by reference. Seller shall have the following obligations: I Seller shall designate a project manager ("Seller's Project Manager"t to act as Seller's primary ~ntorface wfth Buyer: Se Se~lerS Project Manager shall participate with Buyer in the preparation of the project planning and the Schedule: and After installation and functional testing of the Products ~n accordance with the Functional Test Plan attached hereto as Exhi____b~t E and incorporated herein by reference. Seller shall install the current revision software and 'Year 2000 Ready" (as hereinafter defined in Paragraph 11) revision software for the PRS Manufactured Products and the PRS Replacement Products. Buyer shall retain exclusive responsibility for assuring that all Vendor Products and Excluded Products and interactive systems linked to Buyer's System are Year 2000 Ready. so that (among other things) Buyer's System shall not fail to function as expected for reasons associated with the Vendor Products or Excluded Products or interactive systems or other causes beyond Seller's control within the scope of this Contract Delivery, Title and Risk of Loss The Product shipping dates are approximate and are based [Jpofl prompt receipt of all necessary information, Delivery will be made F .c) B. point of shipment to Buyer. Shipping and handling charges will be pa~d by or b~lled to the Buyer, Title to all Products and risk of lOSS or damages passes to Buyer upon delivery Io lhe carrier Taxes In addition to any price specified herein. Buyer shall pay the gross of any present or future sales, use, excise, value.added, or other similar tax applicable to the price, sale or any Products or services furnished hereunder or to their use by Seller or Buyer. or Buyer shall otherwise furnish Seller with tax exemption certificates acceptable to all applicable taxing authorities. Terms of Payment. Late Charges Ten percent (10%) of the price of all Products and services set forth in Seller's Proposal shall be paid by Buyer within thfrty (30) days after the Effective Date of this Contract. A The rema~mng N~nety Percent (90%) of the pr,ce of Products will be billed as Product shipments are made and payment ~s due 30 days from the date of the invoice, Bo The remaining Ninety (90%) of the price for each installation servme associated with the installation of a particular Product wdl be billed upon completion of the installa,on and applicable functional testing of the Product and wsll be due 30 days from the date of invoice One hundred percent (100%~ of the price of the Software Services set forth In the EDACS FX Agreement shall be paid by Buyer w~thin thirty (30) days after the Effective Date of this Contract One hundred percent (100%) of the price of any training courses to be provided by Seller shall be pa~d by Buyer to Seller not less than thirty (30) days prior to the scheduled date of the training course. If manufacture or shspment of Products ss delayed by the Buyer, payment of the remainder of the Product p.ce shall become mmmediately due. Products held for the Buyer shall be at Buyer's .sk and ext3ense. If mvo,ces are not paid when due. Buyer agrees to pay monthly late charges at the lesser rate of one and one-half percent (1 5%) or the lawful maximum late charge on the unpaid delinquent balance If Buyer defaults and this Contract is placed with an attorney for collection, enforcement or defense. Buyer agrees to pay all reasonable attorney's fees and other collection charges incurred by Seller to collect any momes owed by Buyer to Seller under th~s Contract. Seller's oblmgation to continue performance of any and all obligations under th~s Contract ms automatically suspended to the extent that any payment or other performance owed to Seller is not made when due 7, Security Title Security title and right of possession without legal process of ,'he Products sold hereunder shall remain with lhe Seller until all payments hereunder shall have been indefeasibly made in cash and the Buyer agrees, upon request from Seller. to do all acts necessary to perfect and maintain such dght and security. In particular. Buyer grants and assigns to Seller a first priority security interest in and to all Products (including all PRS Manufactured Products) as security for all obligations and liabilities of Buyer to Seller in connection with this Contract (and any supplements hereto which may arise at any time in connection with the Buyer's System). and Buyer shall execute and delivery to Seller such UCC financing statements and other documents as may be necessary or requested by Seller to perfect or further secure such collateral Seller shall have all of the dghts and remedies of a secured party under the Uniform Commercial Code as applicable in Virginia Delays Seller shall not be liable for delays in delivery or performance or for failure to manufacture or deliver or perform due to: (i) causes beyond ~ts reasonable control, or (ii) acts of God, acts of Buyer, acts of civil or military authority. governmental priorities, strikes or other labor disturbances, floods. epidemics, war. riot, delays in transportation or car or other transport shortages, or ~'iii) inability on account of causes beyond the reasonable control of Seller or ~ts vendors or suppliers to obtain necessary materials. components, services, or facilities including Vendor Replacement Products and other Products; or (iv) the failure of any Excluded Products or Vendor Products or any interactive Systems linked to Buyer's System or other property or systems relied upon by Buyer, to be Year 2000 Ready or for other factors beyond Seller's reasonable control, including the failure of any supporting or related system or function which may adversely affect Buyer's System or Seller's Products. In the event of any such delay, the date of delivery or of performance shall be extended for a Deriod which ~s equitably sufficient or mutually agreed to place Seller in the same position as performance without such delay; provided, however, that the mimmum amount of such extension shall be at least equal to the time lost by reason of the delay. 16D4 Coverage, Interference. Year 2000 and Third Party Facilities. Representations concerning the d~stance at which usable radio signals will be transmitted and received by the Products supplied hereunder (or as to Year 2000 Readiness) shall not be binding upon the Seller unless explicitly and specifically set forth in writing in Seller's Proposal Radio s,gnals are subject to degradation of service from natural phenomena and other causes beyond the reasonable control of the Seller such as motor ignition and other elect.cai noises, and interference from other users assigned to the same or adjacent frequencies. The Seller cannot be responsible for interference or d~sruption of service caused by operation of other radio ecluipment or by natural phenomena or by motor ignition or other interference over which there is no reasonable control. Such ~nterference and noise may be m,mmized by addition (at Buyer's expense) of corrective dewces adapled for particular locations and installations Seller may make recommendations as to the use of such devices: however, total freedom from noIse and interference cannot be guaranteed. Similarly. Seller shall not be responsible for defects or nonperformance with respect to any Vendor Products or Excluded Products in Buyer's System or with respect to any other system or components linked or integrated with or into Buyer's System. whether as to their Year 2000 Readiness or otherwise, even though the effect of such defect or nonperformance is that Buyer's System itself ('including Seller's Products) are thereby d~sabled from performing as desired by Buyer. In the event Buyer utilizes facilities or services supplied by others, such as common car.er services and shared serwces, Seller shall have no responsibility for the availability or adequacy of any such facilities or services ~ncluding because of any Year 2000 Readiness problems expe.enced by any other party or any of ~ts products or vendors or other suppliers. Buyer acknowledges and agrees that Seller shall not be directly or indirectly liable or responsible if Buyer's System is not Year 2000 Ready in time for Year 2000 (or such earlier date as may be applicable to similar date related software or firmware programming problems), subject to the limited warranty in Paragraph 11. Prompt and timely, complete, and accurate responses by Buyer are essential to both the Audit Form and to Seller's Proposal. and Buyer acknowledges that the availability of necessary components and services may be already declining ~n anticipa,ion of the Year 2000 and related risks and problems. 16 4 10. Warranty Seller warrants to Buye~ that PRS Replacement Products furnished by Seller shall be free from defects in material, workmanship and title, and shall conform to the PRS Replacement Product's published specifications. With respect to any Vendor Replacement Products (and unreplaced Vendor Products), SELLER GIVES NO WARRANTY, SELLING 'AS IS.' AND ONLY THE WARRANTY, IF ANY. GIVEN BY THE MANUFACTURER OF THE VENDOR REPLACEMENT PRODUCTS SHALL APPLY. Seller shall have no responsibility or liability for or on account of any Excluded Products or unreplaced PRS Manufactured Products or Vendor Products or any other supporting or related services or systems on which Buyer rehes, whether consisting of hardware, software, firmware or otherwise, and Seller does not warrant the performance of the Buyers System as a whole las distinguished from the components for which Seller ~s so warranting) For purposes of the warranty set forth ~n Paragraph 10.A above, the nickel-cadmium batteries supplied by Seller shall be deemed defectTVe ff. (1) the battery capacity is less than 80% of rated capacity: or (2) the battery develops leakage. Replacement batteries shall be warranted only for the remaining unexpired portion of the one year warranty period This warranty becomes void ~f (1) the battery has been subjected to any kind of m~suse. detrimental expcsure, or has been involved in an accident, or (2) the battery is used in equipment or service other than the PRS Replacement Product for which ~t is specified Seller's obligations set forth ~n Paragraph 10.D below shall apply only to failures of the PRS Replacement Products to meet the above warranties (except as to title) occumng within the following periods of t~me from date of delivery to the Buyer, and are conditioned on Buyer's giving written notice to Seller within thirty (30) days of the occurrence of such failure: for fuses, and non-rechargeable batteries, operable on arrival only; for parts and accessories (except as noted in C. 1 above) ninety (90) days: and for all other PRS Replacement Products, one (1) year. 16D4 16. D4 If any PRS Replacement Product fails to meet the foregoing warranties. Seller shall correct the failure at its option: (i) by repairing any defective or damaged part or parts thereof: or (ii) by making available at Seller s factory any necessary repaired or replacement parts. Any repaired or replacement part furnished hereunder shall be warranted for the remainder of the warranty period of the PRS Replacement Product in which it is Installed V'~ere such failure cannot be corrected by Seller's reasonable efforts, the parties will negotiate an equitable adjustment in price not to exceed the purchase price of the PRS Replacement Product(s) in question. Labor to perform warranty service w~ll be provided at no charge only for the PRS Replacement Products covered under Paragraph C.3 above and only during the first three (3) months following the date of delivery of the PRS Replacement Product to the Buyer, Thereafter, labor will be charged at prevailing rates. To be eligible for no-charge labor, service must be performed by a sen/ice provider authorized by Seller for these purposes, e~ther at its place of business, during normal business hours for mobile or personal equipment, or at the Buyer's location, for fixed location equipment. Service on fixed location equipment more than thirty (30) miles from the authorized service provider's place of business will include a charge for transportation. PRS Replacement Products located off-shore are not eligible for no- charge labor. Seller's obligahons under Paragraph 10.D above shall not apply to any PRS Replacement Product, or part thereof, which: (i) has been modified or otherwise altered other than pursuant to Seller's written instructions or written approval: or (ii) is normally consumed in operation: or (iii) has a normal life inherently shorter than the warranty periods specified ~n Paragraph 10.C above; or (iv) is not properly stored, installed, used, maintained or repaired; or (v) has been subjected to any other kind of misuse or detrimental exposure or has been involved in an accident: or (vi) has been disabled or adversely affected by any Vendor Product or Excluded Product or other cause beyond Seller's control, including any Year 2000 Readiness issues, such as those to be addressed for Buyer by Buyer's Y2K Expert. The warranty for any soflware provided by Seller is set forth in the EDACS FX Agreement EXCEPT FOR THE TERMS OF THE YEAR 2000 READINESS WARRANTY SET FORTH IN PARAGRAPH 11 BELOW, THE PRECEDING PARAGRAPHS SET FORTH THE EXCLUSIVE De If any PRS Replacement Product fails to meet the foregoing warranties. Seller shall correct the failure at its option (i) by repairing any defective or damaged part or parts thereof: or (ii) by making available at Seller's factory any necessary repaired or replacement parts. Any repaired or replacement part furnished hereunder .shall be warranted for the remainder of the warranty period of the PRS Replacement Product in which it is ~nstalled V'~ere such failure cannot be corrected by Seller's reasonable efforts, the parties will negotiate an equitable adjustment in price not to exceed the purchase price of the PRS Replacement Product(s) in question. Labor to perform warranty service w~ll be provided at no charge only for the PRS Replacement Products covered under Paragraph C,3 above and only during the first three (3) months following Ihe date of delivery of the PRS Replacement Product to the Buyer. Thereafter, labor will be charged at prevailing rates. To be eligible for no-charge labor, service must be performed by a service provider authonzed by Seller for these purposes, either at its place of business, during normal business hours for mobile or personal equipment, or at the Buyer's location, for fixed location equipment. Service on fixed location equipment more than thirty (30) miles from the authorized service provider's place of business will include a charge for transportation. PRS Replacement Products located off-shore are not eligible for no- charge labor Seller's obligations under Paragraph 10.D above sha~l not apply to any PRS Replacement Product. or part thereof, which: (i) has been modified or otherwise altered other than pursuant to Seller's written instructions or written approval; or (ii) is normally consumed in operation: or (iii) has a normal life inherently shorter than the warranty periods specified in Paragraph 10.C above; or (iv) is not properly stored, installed, used. maintained or repaired; or (v) has been subjected to any other kind of misuse or detrimental exposure or has been involved in an accident; or (vi) has been disabled or adversely affected by any Vendor Product or Excluded Product or other cause beyond Seller's control, including any Year 2000 Readiness issues, such as those to be addressed for Buyer by Buyer's Y2K Expert. The warranty for any software provided by Seller is set forth in the EDACS FX Agreement. EXCEPT FOR THE TERMS OF THE YEAR 2000 READINESS VVARRANTY SET FORTH IN PARAGRAPH 11 BELOW, THE PRECEDING PARAGRAPHS SET FORTH THE EXCLUSIVE 11. BUYER REMEDIES FOR CLAIMS (EXCEPT AS TO TITLE) BASED UPON DEFECTS IN OR NONCONFORMITY OF THE PRS REPLACEMENT PRODUCTS, WHETHER THE CLAIM IS IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE). STRICT LIABILITY OR OTHERWISE, AND HOWEVER ARISING OR INSTITUTED. UPON THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD, ALL SUCH LIABILITY OF SELLER SHALL TERMINATE. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN. EXPRESSED, IMPLIED OR STATUTORY. NO IMPLIED OR STATUTORY WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO OTHER EXPRESS WARRANTIES SHALL APPLY, AND ALL OF SUCH EXPRESS AND IMPLIED WARRANTIES ARE HEREBY RELEASED AND WAIVED BY BUYER. IN NO EVENT SHALL SELLER BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY INCIDENTAL, CONSEQUENTAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR EXPENSES. NO COMMUNICATIONS OR ACTS BY OR ON BEHALF OF SELLER IN PERFORMING THIS CONTRACT. INCLUDING TRAINING OR INSTALLATION SHALL BE DEEMED TO EXPAND OR INCREASE ANY WARRANTY IN THIS CONTRACT OR TO CREATE ANY NEW WARRANTY OF ANY KIND, WHETHER BASED UPON ANY AFFIRMATION OF FACT OR OPINION, ANY DESCRIPTION OF ANY GOODS OR SERVICES, ANY SAMPLES, MODELS OR DEMONSTRATIONS, OR OTHERWISE, AND ALL COMMUNICATIONS AND DEALING BY OR ON BEHALF OF SELLER SHALL BE DEEMED TO BE QUALIFIED BY AND SUBJECT TO THIS CONTRACT Year 2000 Readiness Warranty With regard to both the PRS Replacement Products and those PRS Manufactured Products identified in the Audit Form which are not removed and replaced by PRS Replacement Products or otherwise labelled in the Audit Form as Excluded Products (collectively. the "Covered Products"). Seller warrants that the Covered Products by themselves will be 'Year 2000 Ready'. which shall be described as the ability to correctly process date data as defined in Rules I through 4 below (and subject to the terms and conditions of this Contract as to Vendor Products. Excluded Products and other matters outside Seller's control, such as the failure of third party operating system software platforms, including DOS and PDP based products, to be upgraded to Year 2000 Readiness by those third parties): Rule 1: No value for current date will cause any mater~al interruption in the normal and customary operation of the Covered Products by themselves, Rule 2: The date, based functionality of the Covered Products by themselves will behave consistently in material respects for dates prior to, during and after the Year 2000. Rule 3. In all Covered Products interfaces and data storages the century in any date will be speCified either explicitly or by unambiguous algorithms or inferencing rules; and Rule 4: The Year 2000 will be recognized by the Covered Product software as a leap year. None of those Rules 1-4 or any other provision of this Contract shall be deemed to warrant or imply that compliance with Rules 1-4 by Covered Products by themselves will enable the Buyer's System itself to function as expected or to be Year 2000 Ready. With respect to the Vendor Products. Seller gives no Year 2000 Readiness warranty, but Seller well pass through the Year 2000 Readiness warranty, if any. that it receives from the other vendors. Buyer acknowledges its exclusive responsibihty to assure the Year 2000 Readiness and performance of Buyer's System, including Buyer assuring the compliance of Vendor Products and Excluded Products with Rules 1-4. Where third party vendors have not provided Year 2000 Readiness solutions for their products (such as DOS and PDP based operating system software platforms), it shall be Buyer's exclusive responsibility to acquire alternative product solutions, which may require interactive solutions for other components, as, for example, where acquiring upgraded software may require greater capacity hardware to operate such upgraded software. Buyer represents and warrants that it has received and complied with the advice of Buyer's Y2K Expert and other advisors of Buyer (and has not relied on Seller) as to avoiding disruption of performance of Covered Products caused by Vendor Products. Excluded Products or other causes beyond Seller's control. THIS WARRANTY SHALL BE CONDITIONAL UPON: (i) BUYER COMPLYING WITH THE RECOMMENDATIONS OF BUYER'S Y2K EXPERT AND OTHER EXPERTS ADDRESSING THE YEAR 2000 READINESS OF THE VENDOR PRODUCTS, EXCLUDED PRODUCTS AND OTHER SUPPORTING OR INTEGRATED PROPERTY OR SYSTEMS OUTSIDE THE SCOPE OF SELLER'S DEFINED RESPONSIBILITIES; (ii) BUYER IMPLEMENTING RECOMMENDED OR SUGGESTED HARDWARE AND/OR SOFTWARE UPGRADE PACKAGES AND/OR CORRECTIONS SUPPLIED OR RECOMMENDED OR SUGGESTED IN WRITING BY SELLER IN SELLER'S PROPOSAL AND OTHER DOCUMENTS AND WHICH UPGRADE PACKAGES AND/OR CORRECTIONS W'ILL PROVIDE THE FUNCTIONAL ABILI ~'~f FOR THE COVERED PRODUCTS TO COMPLY VVITH THE FOUR RULES OF THE YEAR 2000 READINESS DEFINITION SET FORTH ABOVE. AND (iii) ALL HARDWARE AND SOFTWARE USED WITH THE COVERED PRODUCTS MUST PROPERLY PROCESS DATE DATA TO ALSO COMPLY WITH THE FOUR RULES OF THE YEAR 2000 READINESS DEFINITION SET FORTH ABOVE. THIS YEAR 2000 READINESS WARRANTY SHALL NOT COVER YEAR 2000 ERRORS OR PROBLEMS OF ANY KIND CAUSED BY ANY HARDWARE OR SOFTWARE OF ANY PRODUCTS OTHER THAN THE COVERED PRODUCTS. INCLUDING ANY VENDOR PRODUCTS. OR EXCLUDED PRODUCTS WHICH BUYER ACKNOWLEDGES COULD BE IMPAIRED IN THEIR EXPECTED FUNCTIONS BECAUSE OF VENDOR PRODUCTS. EXCLUDED PRODUCTS OR OTHER FACTORS FOR VVHICH SELLER IS NOT RESPONSIBLE (EVEN WHERE THE COVERED PRODUCTS COMPLY WITH THIS WARRANTY). In the event of any breach of thIs warranty, Seller shall, if not~fied ~n wnbng before the 1 ~ of July 2000. at its option and without undue delay, correct or replace the hardware or software of the affected Covered Products. at no expense to Buyer. by providing Buyer with an updated Covered Product software release or a Covered Product software correction, so that the Covered Products can comply with the four Rules of the Year 2000 Readiness definition sel forth above. However. as explained above the Year 2000 Readiness of the Covered Products by themselves may not be sufficIent for the Buyer's System itself to be Year 2000 Ready. because of Vendor Products. Excluded Products or other Buyer or third party property or matters beyond Seller's control or responsibdity, and Buyer shall assume full responsibility for the Year 2000 Readiness of Buyer's System (apart from Covered Products) and all consequences of the lack of such Year 2000 Readiness. THIS YEAR 2000 READINESS WARRANTY CONSTITUTES THE ONLY WARRANTY AND OBLIGATION MADE BY SELLER WITH RESPECT TO YEAR 2000 READINESS OR THE ABILITY OF THE COVERED PRODUCTS TO HANDLE CONVERSION TO THE TWENTY FIRST CENTURY AND OTHER ASPECTS OF WHAT IS BROADLY DESCRIBED AS THE 'YEAR 2000 PROBLEM" (WHICH DEFINITION INCLUDES CERTAIN SIMILAR SOFTWARE DATING PROBLEMS WHICH MAY ARISE BEFORE THE YEAR 2000). AS BUYER ACKNOWLEDGES IT HAS DISCUSSED WITH BUYER'S Y2K EXPERT AND ADVISORS THIS YEAR 2000 READINESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. EXPRESSED OR IMPLIED. IN ANY MAI',INER RELATING TO THE ABILITY OF THE COVERED PRODUCTS 12. TO HANDLE CONVERSION TO THE TWENTY FIRST CENTURY, AND OTHER YEAR 2000 READINESS PROBLEMS. INCLUDING. BUT NOT LIMITED TO. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH EXPRESS OR IMPLIED WARRANTIES ARE WAIVED BY BUYER. THE REMEDIES SET FORTH ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO BUYER IN CASE OF A BREACH OF THIS YEAR 2000 READINESS WARRANTY. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER UNDER THIS YEAR 2000 READINESS WARRANTY OR OTHERWISE FOR ANY INACCURACIES. DELAYS. INTERRUPTIONS OR ERRORS AS A RESULT OF: (i) THE COVERED PRODUCTS RECEIVING DATE DATA FROM ANY VENDOR PRODUCTS. EXCLUDED PRODUCTS OR OTHER PRODUCTS, SOFTWARE OR SYSTEMS IN A FORMAT THAT IS NOT YEAR 2000 READY OR IS OTHERWISE INCONSISTENT WITH THE FORMAT AND PROTOCOLS ESTABLISHED FOR THE COVERED PRODUCTS OR FOR YEAR 2000 READINESS: OR (ii) ANY ADDITION, EXTENSION. CHANGE. MODIFICATION, UPDATE OR ENHANCEMENT MADE OR ATTEMPTED TO BE MADE TO THE COVERED PRODUCTS BY PARTIES OTHER THAN SELLER OR MADE TO BUYER'S SYSTEM APART FROM COVERED PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY LOSS OF PRODUCTION, LOSS OF USE, LOSS OF BUSINESS. LOSS OF DATA, PROFIT OR REVENUE OR FOR ANY SPECIAL, INDIRECT. INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS, INCLUDING ANY CLAIMS BY THIRD PARTIES WHICH ALLEGE LOSSES. LIABILITIES, DAMAGES OR INJURIES WHICH ALLEGEDLY COULD HAVE BEEN AVOIDED IF THE BUYER'S SYSTEM (OR ANY COMPONENT THEREIN OR SYSTEM RELATED THERETO) WAS YEAR 2000 READY, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES COULD HAVE BEEN REASONABI_Y FORESEEN. BUYER UNDERSTANDS AND AGREES THAT THE YEAR 2000 READINESS WARRANTY IS NOT APPLICABLE TO ANY OTHER GOODS OR PRODUCTS DELIVERED OR PROVIDED BY SELLER AT ANY TIME OTHER THAN THE COVERED PRODUCTS. Patents Seller warrants that the PRS Replacement Products furnished hereunder. and any part thereof, shall be delivered free of a rightful claim of any third party for infringement of any United States patent. If notified promptly in writing and given authority, information and assistance. Seller at its expense shall defend, or may settle, any suit or proceeding against Buyer so far based on a claimed infringement which breaches this warranty. In 16D +., case any such PRS Replacement Products or any part thereof, ~s in such su~t held to constitute such an infringement and the use of said PRS Replacement Product or part is enjoined, Seller shall, at its expense and option, either procure for Buyer the dght to continue using sa~d PRS Replacement Product or part, or replace same with a non-~nfrmg~ng product, or modify same so it becomes non-infringing, or remove said PRS Replacement Product and refund the purchase price (less reasonable depreciation for use) THE FOREGOING STATES THE ENTIRE LIABILITY OF SELLER FOR PATENT INFRINGEMENT BY PRS REPLACEMENT PRODUCTS, OR ANY PART THEREOF. AND IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN PARAGRAPH 13, "LIMITATION OF LIABILITY." The patent infringement indemnity obligation set forth in thfs Paragraph 12 shall not apply to any product or part thereof manufactured to Buyer's design, or to the use of any Products or part furmshed hereunder in conjunction with any other equipment in a combination not furnished by Seller. As to any such Product part thereof, use or combination, Seller assumes no direct or indirect liabdtty whatsoever for patent infringement 13. Limitations of Liability Ae THE TOTAL LIABILITY Ot: SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS. ON ANY AND ALL CLAIMS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, ARISING OUT OF. CONNECTED WITH, OR RESULTING (i) FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS CONTRACT, OR (ii) FROM THE MANUFACTURE, SALE, DELIVERY, RESALE. REPAIR, REPLACEMENT OR USE OF ANY PRODUCT OR THE FURNISHING OF ANY SERVICE. or (iii) FROM THE FAILURE OF BUYER'S SYSTEM TO BE YEAR 2000 READY FOR ANY REASON OTHER THAN OR BEYOND SELLER'S WARRANTED PERFORMANCE OF COVERED PRODUCTS IN THIS CONTRACT, SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE SELLER PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM. Be IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGUGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER, OR ITS AGENTS. EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES. SUBCONTRACTORS OR SUPPLIERS, BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY SPECIAL. CONSEQUENTIAL. INCIDENTAL, INDIRECT OR EXEMPLARY 14. 16D , OR PUNITIVE DAMAGES. INCLUDING. BUT NOT LIMITED TO. LOSS OF PROFIT OR REVENUES. LOSS OF USE OF PRODUCTS. OR ANY ASSOCIATED EQUIPMENTS. COST OF CAPITAL. COST OF SUBSTITUTE GOODS. FACILITIES. SERVICES OR REPLACEMENT POWER. DOWNTIME COSTS OR CLAIMS OF BUYER'S CUSTOMERS OR THIRD PARTIES FOR SUCH LOSSES (JR DAMAGES. IF BUYER TRANSFERS TITLE TO. OR LEASES THE PRODUCTS SOLD HEREUNDER TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY THIRD PARTY. BUYER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AND AGREEMENT AFFORDING SELLER AND ITS AGENTS. EMPLOYEES. OFFICERS. DIRECTORS. AFFILIATES. SUBCONTRACTORS AND SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE. Ce The provisions of this Paragraph 13 LIMITATION OF LIABILITY. shall apply notwithstanding any other provisions of th~s Contract or any other agreement, whether past. concurrent or future, and notwithstanding the conduct of Seller or any of its employees. officers, d~rectors, agents, affiliates, subcontractors or suppliers ~n the performance of this Contract The provisions of this Paragraph 13 (among others). LIMITATION OF LIABILITY. shall survive the expirabon or terminahon of this Contract. Remedies In the event of a material breach of th~s Contract by Seller which shall continue for mnety (90) or more days after wntten notice of such breach (including a reasonably detailed statement of the nature of such breach) shall have been gwen to Seller by Buyer (but subject to the agreement herein regardIng arbitration of d~sputes). Buyer shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise I~m~ted or waived under the terms of this Contract) and thereupon either: (1) suspend performance of its payment obligations under the Contract for as long as the breach continues uncorrected; or (2) terminate th~s Contract by written notice to Seller if the breach remains uncorrected. In the event of: (1) any failure by Buyer for thirty (30) or more days to make any payment when due. or (2) any other material breach of this contract by Buyer which shall continue for (90) or more days after written notice of such breach or repudiation (including a reasonably detailed statement of the nature of such breach or '~4~1q.'5 am 15. repudiation) shall have been given to Buyer by Seller. but subject to the agreement heretn regarding arbitration of disputes. Seller shall be entitled to avm[ ~tself cumulatrvely of any and all remedies available at law or in equity (provided such remedies are not otherwise adjusted or limited under the terms of this Contract) and either: (1) suspend performance of its obligations under this Contract for as long as the breach remains uncorrected: or (2) terminate this Contract by written notice to Buyer ~f the breach remmns uncorrected. Notwithstanding the foregoing termination provisions of th~s Paragraph 14, the following provisions (among others) shall survive the expiration or termination of this Contract: 2A(1 ). ~ 3). (5), (8),/9) and (10): 5: 6; 7: 8: 9; (excluding Seller's continuing warranty obligation thereunder after termination pursuant to Paragraph 14B) 10.11 and 12: 13: 14; 15: 16: 18: 19: 20: 21: 22: 23: and 24 Confidentiality Ae During the term of this Contract. it is antic,pared that one party (hereafter the 'D~sclosing Party's may disclose to the other party (hereafter the 'Receiving Party') information which the Disclosing Party considers proprietary and confidential. Accordingly, with respect to any specification, drawings, sketches, models, samples. tools, techmcal reformation, conf'~ential bus~ness information or data. in written or other tangible form which: (1) has been designated in wnt~ng by the Disclosing Party as confidential or proprietary, or (2) ~s of the type that the Receiwng Party customarily treats as confidential or propnetary, and which is furnished by the Disclosing Party to the Receiving Party in contemplation or of under th~s Contract (hereinafter 'Information"), the Receiwng Party shall treat such information, for a period of ten (10) years after the Effective Date of this Contract. as confidenhal informahon with at least the same degree of care as the ReceWing Party affords to confidential information of its own of a s~mqar nature and shall not reproduce any such Information, in whole or in part. except as specifically authorized in wnting by the Disclosing Party The provisions of the preceding subsection shall not apply to any Information which' (1) is or shall become publicly available without fault on the part of the Receiving Party; (2) is already known by the Receiving Party (as a result of proper conduct) prior to receipt from the Disclosing Party; (3) is independently developed by the Receiving Party: or 16. 17. 18. (4) is rightfully obtained by the Receiving Party from third parties without restrictmn. The provisions of this Sechon (among others), CONFIDENTIALITY. shall survive the expiration or termination of this Contract. Notices Notices and other communications between the parhes shall be transmitted in writing by certified mail, return receipt requested, to the parties at the addresses set forth below and shall be deemed effective upon receipt by the receiving party. Either party may change ~ts address by giving notice in writing thereof to the other party. Compliance Seller w~ll comply with applicable federal, state and local laws and regulations as of the Date of this contract which relate to equal employment opportunity (including applicable provisions of Executive Order 11246. as amended), workers compensation, and the manufacture in Seller's facilities of the PRS Replacement Products delivered hereunder (including applicable provisions of the Fair Labor Standarcls Act of 1938, as amended). The price and. if necessary, delivery of any Products will be equitably adjusted to compensate Seller for the cost of compliance with any change in the federal, state or local laws or regulations after the Effective Date. Entire Undemtanding, Amendment The terms and provisions of this contract and all Exhibits attached hereto constitute the entire understanding between the Buyer and Seller concerning the subject matter hereof (which subject matter shall be deemed to include Buyer's System and its components and functions, including components sold by Seller in the past and services, conduct and communications by or on behalf of Seller in the past. as to which Buyer agrees this Contract constitutes the superseding statement of the entire agreement of the parties). The warranties and other obligations of Seller in this Contract shall replace and supersede any and all other prior and other warranties and liabilities of Seller in connection with the Buyer's System, including with respect to the PRS Manufactured Products, the Vendor Products, and Excluded Products (although Seller continues to disclaim any obligations with respect to any Excluded Products or any other products or services not prowded by Seller), or otherwise. 16B However. nothing herein shall be deemed to rewve or extend any p.or warranty or claim ~n favor of Buyer (or any prior Iiabfli~y of Seller) which has expired or become barred by any statute of hmdations. contractual bar. laches, waiver, estoppel or otherwise, which deadlines under prior contracts between Buyer and Seller shall co.tmue to run as ~f this Contract had been signed ~n place of each such prior conlract at the time of such prior contract Such inclusion of Buyer s System and other non-Seller components and funchons shall not be deemed to ~mply any Seller responsibility therefor, but rather to protect Seller from any such responsibility beyond the Seller s Products as speofled herein In the event of a conflict between the terms and prowslons of this Contract and any Exhibits. the terms and provls~omng of this Contract shall govern The terms and provisions of th~s Contract expressly supercede and replace any oral or written, past or present commun~ca.on, conduct, representation, promise understanding, proposal, agreement, warranty course of dealing or trade usage concermng the subject matter hereof which are not expressly contained or referenced in th~s Contract. and the terms and prows~ons of any such communica.on, conduct, representation, promise, understanding, proposal, agreement, warranty, course of dealing or trade usage shall not be binding on Seller or Buyer. IN PARTICULAR AND WITHOUT LIMITATION. BUYER WAIVES AND RELEASES ANY AND ALL CLAIMS AND CAUSES OF ACTION. WHETHER BASED ON SELLER'S ALLEGED NEGLIGENCE, BREACH OF WARRANTY, CONTRACT OR OTHER LEGAL DUTY OR OTHERWISE WITH RESPECT TO ANY PRS MANUFACTURED PRODUCT. VENDOR PRODUCT. EXCLUDED PRODUCT OR OTHERWISE IN CONNECTIOhJ WITH BUYER'S SYSTEM, SAVE AND EXCEPT FOR SELLERS OBLIGATIONS AS TO THE PRS REPLACEMENT PRODUCTS PURSUANT TO THIS CONTRACT AND AS TO ANY UNEXPIRED WARRANTY ON ANY PRS MANUFACTURED PRODUCTS NOT REPLACED WITH PRS REPLACEMENT PRODUCTS. AS TO WHICH THIS CONTRACT SHALL BE DEEMED TO REPLACE AND SUPERSEDE THE PRIOR CONTRACTS AND WARRANTIES OF SELLER. AS IF THIS CONTRACT HAD BEEN EXECUTED IN PLACE OF THOSE. BUYER ACKNOWLEDGES AND AGREES THAT BUYER RECEIVES FULL AND REASONABLE CONSIDERATION FROM SELLER BY ENTERING INTO THIS CONTRACT FOR SUCH ARRANGEMENTS TO "CLEAN THE SLATE" ON PRIOR MATTERS AND USE THIS CONTRACT AS THE SOLE SURVIVING OBLIGATION. No modification, amendment, recisfon, waiver or other change or supplement or addition shall be binding on Seller or Buyer. unless expressly set forth in a writing expressly acknowledging the specific effect on the terms and provisions of this Contract SELLER DOES NOT ASSUME ANY OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THE SALE OF 19. 20. :21. 22. THE PRODUCTS OR SERVICES THAN THOSE EXPRESSLY STATED IN THIS CONTRACT. AND DOES NOT AUTHORIZE ANY PERSON IINCLUDING ,SELLER'S MANUFACTURER'S REPRE,SENTATIVE,S AND SALES OR OTHER AGENTS OR SUBCONTRACTORS OR ,SUPPLIERS) TO ASSUME FOR SELLER ANY OTHER OBLIGATIONS OR LIABILITIES. Severability The invalidity, in whole or in part. of any paragraph a part of paragraph of this Contract shall not affect the validity of the rr,,mamder of such Paragraph or the contract Each paragraph shall be enforceable to the maxImum extent permItted by applicable law Headings Section headings are inserted for convenience only and shall not be used in any way to construe the meamng of terms used in this Contract Governing Law The validity, performance and all matters relating to the interpretation and effect of th~s Contract any amendment thereto shall be governed by the laws of the Commonwealth of Virginia. Buyer consents to the personal jurisdiction of the state and federal courts and arbitrators in the Commonwealth of Virginia. which courts and arbftrators shall constitute the exclusive forum for the enforcement of this Contract and the resolution of all Disputes related to the subject of this Contract. whenever, wherever and however arising, whether at law. in equity or otherwise and whether the Dispute revolves any alleged breach of contract, violation of law or tort of any kind. No Third Party Beneficiaries; Assignment The provisions of th~s Contract are solely for the benefit of Buyer and Seller and no other person. No other person or third party ~s intended to be beneficiary of nor is entitled to rely upon or enforce any of the terms and provisions of this Contract or to assert any claim for any nonperformance of this Contract by any party. This Contract may not be assigned by either Seller or Buyer w~thout the prior written consent of the other party. The terms and prowsions of this Contract shall inure to the benefit of and be binding upon Buyer arid Seller and their respective permitted successors and permitted assignees (if any) "-~ i~;fl').TM am 23. 24. WAIVER OF JURY TRIAL THE PARTIES EACH AGREE THAT ANY DISPUTE AND AHY LEGAL ACTION COMMENCED BY OR AGAINST EITHER PARTY SHALL BE RESOLVED 4'SUBJECT TO ARBITRATION AS PROVIDED ~ELOVV) BY A COURT WITHOUT A JURY, AND EACH PARTY WAIVES ITS RIGHT TO A JURY AS TO ANY DISPUTES OR CLAIMS ARISING UNDER OR RELATING TO THIS CONTRACT. WHETHER FOR BREACH OR ENFORCEMENT OF CONTRACT, TORT OR OTHERWISE INCLUDING ANY DISPUTES DESCRIBED IN PARAGRAPH 24 BELOW Each party acknowledges that jury trials are slower and more expensive than court trials without juries, and. considering then nature of the complex technology and other ~ssues which may give rise to Disputes that a judge may be better trained than a random jury to evaluate the foreseeable expert witnesses and other technology evidence ARBITRATION. Any and all Disputes (as defined below} between or revolving Seller and Buyer shall be resolved by arbitration conducted by three arbitrators ~n accordance with the Commercial Arbitration Rules of the American Arbitration Association [the "AAA"] (as enhanced by any special rules and procedures for Year 2000 related disputes and ~n accordance w~th the Federal Arbitration Act. and in accordance with the applicable law and express terms specified in the Contract) The arbitration shall be conducted expeditiously at a convenient site determined by the arbitrators within 100 miles of Seller's execubve office in V~rgmla The arb,trator selected directly by each party shall be a lawyer w~th at least 10 years of practice experience, a material part of which ~nvolves representing clients w~th respect to transactions involwng the sale of technological goods that operate in conjunction with computer software or firmware. The third, neutral arbitrator selected by the other two arbitrators shall be either an experienced technology officer with expertise in transactions involving comparable goods and software and with related Year 2000 Readiness issues, or an experienced lawyer with sufficient knowledge and comparable experience in order to be able himself to judge with certainty which of conflicting experts for each party ~s correct in his or her opinion regarding such technology transactions and Year 2000 Readiness issues The decision of the arbitrators shall be reported by with their written findings of fact and conclusions of law in accordance w~th this Contract following applicable law, The arbitrators shall use their best efforts to reach that decision within six (6) months from the date when the initial arbitration request is made, and the arbitrators shall direct the process accordingly to attempt to accommodate that timing. As used herein the term ~Disputes" means any and ali disputes, controversies, claims or causes of action of every kind. whether arisin9 from any alleged breach of contract or warranty, tort, violation of law, right to equitable relief or other leg. al or equitable theory, in any way, directly or indirectly, arising out of or from or relating to this Contract or any prior contract, warranty, communication or conduct relating to Buyer's System, or any PRS Manufactured Products, Vendor Products or Excluded Products. Whenever Buyer wishes to enforce any of its rights or claims with respect to any Dispute in any legal action or arbitration. Buyer must commence the arbitration within one year from the date on which the cause of action would have first arisen with respect to that Dispute under applicable law, and all claims and causes of action of every kind not properly asserted within that one year period shall be forever barred as to any and all Disputes 1604 IN WITNESS WHEREOF. Buyer and Seller have executed this Contract .qs of zhc daze set forth below. DWIGFr~' E.'BROCK.Clerk A~test ~s to Chairman's stgaature onl.v. Approved as to form and Legal sufficiency: Thomas C. Palmer A.~i~tan~ Coumy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ~ ~i~. Ch.~r~op.~~ ~/¥~ SEM. ER ERICSSON INC. Titlc: Co..~ .~,.,,t., Date: WITNESS Witness Nam~i~oj SATISFACTION OF LIKN FOR SER%qCKS OF THE PUBLIC DEFI:ND£R 2477170 OR: 2546 PG: 3475 UCOI~ID il OIHClIL ti(OlDS o! C~LLIII C~UI'~, BC ~1 i.ll ~m~r KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through it~ BOARD OF CO,'V~ISSIONERS, b ~e owao. ~xl hold~ of a certain Ikn t~inst CASE NU,'MBER: For sery~ccs of the Public Defender. bearing ~be dare of the 6~h day ofluoe, 1988 recorded in office of the Clerk of~be Circui~ Coufl of Collier County. ~ securin[ the principal sum of Twelve Dollars and Fifty Cents, under Final Sudlen,~.m and (hder recorded in Official Record book 1357, page 0567. The Board of County Comm~ionc~ of Collier Coumy box, by admowledge~ full payment and satisf~ctmn of said lien, hereby sun'endcrs that lame as canceled, and hereby directs that the Clerk of said Circuit Court cancel (his lien of record. IN WITNESS WHEREOF. The Board of County CommissJonm of Collier Cmmty, Florida, hereby directs that its Chaimun execum this SatJsfactmn of Lien in its name. Attest is to Chalra~'S BOARD OF COUNf~ COMMISSIONERS COLLIER COUN'~'. FLORIDA BY: Pamela S. Mac'K~c Chairwoman PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY !!. 1999 FOR BOARD ACTION: Satisfaction of Lien: NEED MOTION authorizing t~e Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case No.: 85-0650-MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH AGI'ION AS DIRECTED: Clerk of (~gur~: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(I), the disbursements for the Board of County Commissioners for the period: A. April 12- 16. 1999 B. April 19 - 23.1999 4. District: Ao Port oflhe Islands Community Improvement District - Minutes of Fcbruao' 18. 1999 and March 18, i 999 meetings Key Marco Communily Development District - Oen~ Purpo~ Financial Statements of September 30. 1998; l.ocal Government Annual Financial Repofl; Management Letter, Managem~t Letter Comments; and Description of Outstanding Bonds No. MAY 1 1 1999 Pg. · M E MI)R~INI)I '51 :hr pen,,d BCC PAYROLL MANUAL WARRANT LOG DATE NAt, IE AMOUN[ 04,'15~ 1999 R~ta Sa~nz 189,54 04115/1999 ;ud~h K Payne 32422 04/16.q999 Kev~ R. McDonald 89 99 CHECK# 203O79 203080 209081 16H2 REASON 25 50 RT 40 0 RT Adl Support Pml E~C VEUC)OR I'.L&NUAL WARP, ANT lO~ 16H2 DATE NAME AMOUNT 0411:~1999 Flagfa-R Jense~Cef of ~af ~. 40 ~ ~114/1~ P~ ~,~u~h 63 ~ ~116;1~ F~ ~ ~ R~ 9.389 80 C. df. CK! 482935 483S44 483545 483~46 REASON Conf Reg,'~lrat~n. Crofl & ~ns Adv Per Re,mb - Los! Check fl384584 IVl~rch Irjr~9 Sales Tax 16H2:"'~ C,',:,,;,s To: t6U2'l BCC VENDOR MANUAL WARRANT LOG 04/20/1699 Flonda Wate~ Sennc~ 04/23~1999 C,;OA 96.00 4.209.61 46621846 403,672.03 22/' 50 2,296,18 660.00 4.060 O0 483547 483548 483561 483552 484178 484179 484180 484181 C,o~fereno.' - Student Impact Fees Impa~.t Fee~ I~'~eter Ce~:amn of Emp;~/ee P~:nic. MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department April 29, 1999 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Port of the Islands Community Improvement District has submitted the following: (a) (b) Thank you Minutes to meeting held February 18, 1999 Minutes to meeting held March 18, 1999 h.lisc. Con,~s: gate: ~-"',~ ' / us lo: Port of the Islands April 20, 1999 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza II! P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 3:3.308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held March 18. 1999 From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. RECEIVED GLIVITlr ,FINANCE ~ OF ME~G PORT OF THE ISLANDS COlVIMUNITY IMPROVE~IENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday,, March 18, 1999 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were. Richard Gatti Bernard E. Wolsky Brennan Gillespie Richard Burgeson Chairman Vice-Chairman Super~-isor Supervisor Also present were: John Petty Bruce Anderson Darrin Mossing Tim Stevens Marlene (Sams) Marchand Tom Barnard Gerry McNeal Several Residents District. Staff Attorney' Distric~ Staff RV Park Owner FIRST ORDER OF BUSINESS Roll Call Mr. Gatti called the meeting to order at 4:00 P.M. and Mr. Petty called the roll and stated that all Supervisors are present at roll call with the exception of Ms. Strohm. Mr. Gatti stated I am glad to see a lot of new faces here. We have adopted a practice where we handle CID business first. These are things that we are legally required to do and we get those out of the way and we focus the first part of the meeting just on CID matters so that we can let Staff go if necessary. After that we open it up to a Homeowner's Meeting and we can talk about anything we want to talk about. The unusual circumstance today, is one of the things that we are all very interested in is some of the rezoning and zoning changes being proposed on some of the properties on both sides of the street. That falls a little bit into the CID matters and more into the HOA. We will handle that at the end of the CID meeting. I will look to Staff for support on whether you fellows what to be here for that part of meeting or not. Certain portions have to do with allocations are ~ OF ME~G PORT OF THE ISLANDS COlVIMUNITY IMPROVE~IENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday,, March 18, 1999 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were. Richard Gatti Bernard E. Wolsky Brennan Gillespie Richard Burgeson Chairman Vice-Chairman Super~-isor Supervisor Also present were: John Petty Bruce Anderson Darrin Mossing Tim Stevens Marlene (Sams) Marchand Tom Barnard Gerry McNeal Several Residents District. Staff Attorney' Distric~ Staff RV Park Owner FIRST ORDER OF BUSINESS Roll Call Mr. Gatti called the meeting to order at 4:00 P.M. and Mr. Petty called the roll and stated that all Supervisors are present at roll call with the exception of Ms. Strohm. Mr. Gatti stated I am glad to see a lot of new faces here. We have adopted a practice where we handle CID business first. These are things that we are legally required to do and we get those out of the way and we focus the first part of the meeting just on CID matters so that we can let Staff go if necessary. After that we open it up to a Homeowner's Meeting and we can talk about anything we want to talk about. The unusual circumstance today, is one of the things that we are all very interested in is some of the rezoning and zoning changes being proposed on some of the properties on both sides of the street. That falls a little bit into the CID matters and more into the HOA. We will handle that at the end of the CID meeting. I will look to Staff for support on whether you fellows what to be here for that part of meeting or not. Certain portions have to do with allocations are M, arch 18, 1999 16H Port of the Islands C.I).I). the entry feature that we started last year north. If it is the Board's direction, we can modify our landscaping contract and have the work done. Mr. Gatti stated there is the potential that the area between the hotel and U.S. 41 is going to be developed. The question we want to ask ourselves is do we want to spend $15,000 because we can see what is happening on the other side. It gets abused daily. So, then the question we want to ask ourselves is do we want to do that work now or postpone it. I am open to the Board's direction on that. Ms. Marchand asked what does the quote include'? Mr. Petty responded it includes the sod and landscaping, irrigation heads and piping from the entry feature to 1,000 feet North. It gets you around thc first curve and a little bit further. Ms. 5Iarchand asked how much was that again? 5Ir. Petty responded $15,000. 5Is. Marchand asked is that money you lose if you do not spend it this year or can you carry it forward'.) 5Ir. Gatti responded we can reallocate the money. 5Ir. Petty stated the money is in the General Fund so if there is an)' excess money in the fund at the end of the year, that would get rolled over to next year. You would have to allocate it specifically for irrigation if you wanted your irrigation pot to grow above what we normally would allocate each year which is approximately $25,000 each year for improvements. Mr. Gatti asked what is the Board's pleasure? Mr. Wolsky responded I would move that we postpone it in view of the coming development. Mr. Gillespie asked for clarification, from the edge of the pavement, how far offinto the wilds does it go? Mr. Petty responded no very far at all. It goes approximately 8'. Mr. Gatti asked does that give you direction 5Ir. Petty? Mr. Petty responded yes, sir. Mr. Gatti stated we will put that on hold with the understanding that the money be specifically allocated during or after construction. FIF'rH ORDER OF BUSI~'ESS Staff Reports A. Attorney There not being any, the next item followed. M. arch 18, 1999 , Port of the Islands ~.D~.~. B. Engineer There not being any, the next item followed. C. Manager. Status Report on Meeting with D.Ed. Mr. Petty stated at last month's meeting we brought to your attention a letter we received from DEP regarding a recent inspection of the wastewatcr treatment plant facilities and of our collection system. There were a few comments. Staff has met with DEP and they have addressed all of thc outstanding issues and it looks like we will have a clean bill of health from DEP. Mr. Gatti stated for the benefit of a lot of new people, please describe what jurisdiction DEP has over us at the wastewater treatment plant. Mr. Petty stated Department of Environmental Protection is what I)EP stands for. They have control over all utilities in thc State of Florida. They control our permitting, construction, and operations of those facilities according to State standards. It is routine for them to come down on a regular basis to inspect those facilities, to talk with our operators and to let us know of ~ny updated regulations that we need to be in compliance with. At our recent inspection, thc had some items on their list to be discussed. Most of them I would put in a housekeeping range. The only significant item on the list was a lift station function on the South side of the road that we are in the process of having repaired. Our meeting with DEP resolved all the outstanding issues at this time. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comment.~ Mr. Gatti stated we are at the point of Supervisor's Request and Audience Comments. We are all here to discuss the zoning issues that are coming up. We are talking about two different situations. Everything North of U.S. 41 is one circumstance and everything South of U.S. 41 is another circumstance. I have asked Mr. Barnard, who is one of the co-applicants on the re-zoning, who is involved on the North side and that is what we are going to discuss first. Mr. Barnard, if you don't mind. Mr. Barnard stated the parcel of property that we are going to be discussing here is about 50 acres. (Mr. Bamard proceeded to show the audience the section on a map.) There are two seperate zoning categories for that property. The top one-third is zoned what is called residential-tourist. That has either hotel, motels or condominiums at 16 units per acre. Those are the two main things that can be done with RT zoning. The conservation zoning is basically a hold-over from what 4 M~arch 18, 1999 Po~ of the Islands C.D.D. was called recreational open space. There is a section line between section four and section nine. There is nothing conservational in here as you know. It is a mowed field. Ms. Marchand stated the North part of it zoned Residential-Tourist and the South end towards U.S. 41 is zoned Conservation. Mr. Barnard stated that is correct. The North portion that is zoned for development is approximately 19 acres and it is zoned for 300 units. Ms. Marchand asked how do you get 300 units? Mr. Barnard responded 20 acres times 16. It is 19.432 acres. Mr. Gatti stated let's let Mr. Barnard make his presentation and the~ wc vdll entertain questions. Mr. Barnard stated let me give you a little bit of the hi,~to~. ,l' thc property. The property was offered at auction in 1994 and it did not sell. Subsequently, thc owner of the hotel put in an offer to purchase it and then changed his mind. Thc broker that had sold the hotel to Mr. Wong found another buyer who purchased the property. He purchased the properW for probably $10,000 in cash subject to the tax bill on it which was about $160,000 a year. What this property is, is a piece o£ property that is assessed t)5. the Property Appraisers office and it appraised at $150,000 and it cost you $175,000 a year to own it. Every year that you don't build something and put somebody living there you buy the property again when you pay your taxes. After three years of non-payment of taxes and non-payment of utility standby fees by Mr. Martello, who then owned the property, the Improvement District voted to lien the property and we placed a lien in the amount of about $60,000 at that time on the property which simply said that we have a lien on it and ifit ever sells before you do anything, the District gets paid 860,000. It became evident after three )ears that the owner of the property, who had moved away, had no intentions of every developing it. Mr. Hardy came to me and said, "Let's see if we can solve the problem. Let's see ifwe can acquire the title to the property and work with one of the two tax certificate holders, both of whom are major players in Florida real estate, one is Bank Atlantic and the other is called Capital Asset Research. Capital Assets is the major purchaser of tax certificates in the United States. For instance, they buy all of New York City's delinquencies. They are a very large company. We, with the full understanding and as a matter of fact we even had the Board acknowledge it by vote that they understood that we were going to take title 5 5~arch 18, 1999 16H2 · Port of the Islands C.D.D. to the property and try to solve the problerns, but we were not going to be able to come up with the $500,000 that it took two years ago to clear the property. Right now those liens total $1 million. A major amount to pay to clear $150,000 property which it is assessed. The Board voted to approve our acquiring the property with the understanding that we would continue--we would not be able to pay thc $150,000 or $175,000 every )'ear and we would not be able to pay the fees, but they would continue to accrue on the property and they have at interest. As I say, it is now required to clear the property and get ready for development $1 milli~m. We have worked out a deal with the holder of the tax certificates. (;apital Assets. They will fund the part that they do not already have. They will pay the other $700,000 including the $100,000 that is owed to the utility if we can this property. We do have a site development plan that has been approved by ¢'~llier County which means that with going through two mc, re hoops incluciing architectural plan and a building permit we cap. begin buildi~g buildings ~,~ there within six or eight weeks up to 300 units of multi-family rondominiums. The problem is you can build them there, but unless you can get them to whvrv they are looking at the water you have zero chance of selling them. It does not make any sense. What we are asking the County to approve and asking you to assi.,,t us in getting approved is taking this 20 acres and exchanging it fl)r this 20 acres. \Ve anticipate that the new conservation area will become a co:nmunity park We also anticipate that the folks who purchase in this project will be boaters and of them may boat in the canal and be bass fisherman, but most of them will probably be people that want to get out to the gulf to boat. We are going to try and find a way to get them over to the boat ramp to put their boats in and that is the way they will go fishing. If the zoning change is approved, the development d~,al then finanlized and somewhere between 200 and 300 units depending on tmw much can sell, how fast you built and what the timing is, probably closer to 200, hut .~incv we have 300 here we are simply trying to transfer where those 300 could be built. That is not to say that they will be. Let me clear up some of the things that you have heard. This is not low income housing. This is not HUD housing. What we are going to build and try to sell are condominiums that will be competitive so tha: people will buy them. If you can go to Sunset Condominiums and buy a two bedroom, two bath fi~r $107,000 6 5l~arch 18, 1999 16H2 Port ,,f thc Islands C.D.I). which has direct access to the Gulf of Mexico and boat dockage, we are not going to be able to sell these for $150,000. The price range that we are looking at to be competitive is between $80,000 and $100,000. It is certainly not low income. Some of them will be smaller units that we have. It will be 900 or 1,100 square feet. There may even be some one bedroom units that will be 600 or 700 square feet. The only way that you can get development in a price range that can be sold is to do that. $80,000 to $100,000 is comparable. Those of you that know Mainsail and Fairways those are the kinds of units that you are going to be looking at. if you know those on Marco Island. Mainsail is 960 square feet with two bedrooms two baths and they sold in thc $70,000 to $80,000 range. What we are doing is not really changing any zoning, we are takin~ .nc zoning and re-aligning it, same acreage and same number of t, nits. ,.ks I said this is called a SDP, Site Development Plan, and it has bccn approved by (%l!icr County. It has 300 units on ~he 19.54 acres and that is app,',vcd ;,ne] could },c built starting within 30 to 60 days depending on how long it would take v-u t,, get a .~ct (,f building plans approved. Unfortunately, in order put thc dcal together which saves.the property--and you need to really clearly, understand that this pr,;pcrty has been in default for five years. It has not pa,d its taxes. It has not paid its standby fees. If we do not achieve this and we will need your help to do it, if we cannot achieve the re-zone and thc PUD to build these units around this lake one ,,f tw,, things will happen. A tax sale in which the holder of a certificate will tile for a tax deed. What that does is eliminate any subsequent liens to the original 1.9,q4 taxes which would include the S100,000 utility lien. If it does not ;fy through and the property goes to a tax sale, the person that file has to pay 5:)00,000 because they are going to pick up everything except the utility lien and thcn they file and get a deed to the property. A more likely event is that if it does ~,ot get approved, the holder of the tax certificates being now fully aware of the assdssed value of the property and being fifily aware of the Improvement District's costs of buying the property every year and not being a real estate developer will more than likely cut its losses and walk away. If the tax certificate does not sell in June and no one flies for a tax deed--and there are only two buyers for the certificates, one of them does not buy in Port of the Islands anymore and the other one is the one that is going to be the partner if we get this approved--I do not know what happens. Does the title ofthe property go to the County.'? I do not know. 7 March 18, 1999 ! 16H2 Port of the Islands C.D.D. Ms. Marchand stated if nobody buys the tax certificates, Collier County essentially buys it and they are in exactly the same holding position as everyone of the preceding tax certificate holders which means if they wanted to foreclose and assume the property to Collier County, they would have to buy back all the tax certificates. They do not get any preferential treatment over any of the private people holding a tax certificate and it goes in order of priority by date. Mr. Barnard stated I guess the question would be if the County acquired the tax certificate do they actually pay the cash. Ms. Marchand stated yes, they have too. They are presented in exactly the same format as a certificate holder. Will the District get their money. I asked the questions for my property and the answer was yes. They are in exactly the same position as a certificate holder. ,X, Ir. Barnard stated as you can see and you have st,:n it in ,~ther places in Port of the Islands, the Improvement District's costs add greatly t,, thc h,,lding costs of the land. I.and which is accessed at $150.000 and cost S175,000 a year to hold and every year that it is not built on it becomes less and less likely that it call be built on. What the answer is ifit never gets built, I do not know. Eventually the Bonds go into default, I guess. That would be up to somehody besides me. Mr. Gatti stated when you are ready we will entertain questions, but let's do it in an organized way sowe will go through the Chair. Does the Ihmrd have any questions? I have a couple. One of my concerns is the height on the C-4 zoning. This property is zoned C-4 and conservation. C-4 zoning allows 16 units per acre, 100 feet of height and that concerns me. Mr. Barnard stated our PUD document limits it to four stories which is 45 feet. Mr. Gatti stated this is not the Board, but Dick Gatti as an individual. The four stories concern me just a little bit. It there some way that we could comparise that. That is one question I would like to ask. i realize that the numbers have to work on this, but the fimr stories concern me. l)oes everybody have a good sense of what is happening? Right now, they can build 300 units between the hotel and about the beginning of the curve. Right now, they can go t~ the County get a permit for 300 units. What they are asking us to consider or wha! they are asking the County to consider is that this zoning is RT and that allows 16 units per acre. You multiply the acreage and they can build 300 units here. That is a duster right in front of the hotel. In a conservation zone you can build one unit per five acres. Vv'hat they are asking is that we combine this two and rather 8 March 18, 1999 ........... [ IIII .......... I II I 16 2 3. ~ ) Port of the Islands C.I .D. than have a cjuster of 300 units in one spot but to distribute those along thc lake. Is that essentially what we are doing? If you put 300 units in 18 acres you have a tremendous density. What is being proposed is that in some form and in some number those units instead of being concentrated in thc RT z,ning that we aggregate the conservation zoning and the RT zoning together and allow construction around thc lake. A resident stated that is not what he said. It sounded like they ~r~ to flop it. Mr. Gatti stated let's take it one piece at a time. That is what they are proposing. That is the submittal to the County. Instead~fputti~gall-flht'units in one cjuster, they want t, put it ar,und the lake. I will give ?u my iudivid~ml opinion and again this is rmt the Board speaking. 'l'h,s is I)ick (;atli as an individual. I am concerned a little bit about the height. We are talking al,,u! fimr stories. That is the down side. I am also concerned a liltle bit at,mt :il)(I ,nits. The other side of the coin is that this area is getting t, b,. a camp ground and we have all kinds of people coming in there and leaving their garbage. That is ou! of our control. With this kind of development that wh,le parcel comes under a definod control. There are plusses and minuses t, this. My only c,ncerns ~r,' tile 100 feet or four stories and the 300 units. A resident stated I called into Collier County to get some infi~rmati(m about this and what I was told was to change from a 100' height to a 45' height as a maximum with a diluted distribution instead of a c,mpact distribution. Mr. Gatti stated let's accept that. 100' is m~t ~,f the picture except that under the current zoning they can build to it. A resident stated the zoning change which they are askin~ fi~r w,,uld bring it down to 45' and would eliminate the 100' height. I w,uld hope. Mr. Barnard stated yes it does. A resident stated the question I have is why, essentially with anything at this time ifit can be left in natural state and I am sure a l,t of us w,uld like to see it stay that way. *Ir. Barnard stated at $200,000 a year it certainly can be. A resident stated I do not understand how that impacts us. Mr. Barnard stated let me give you an example. The cost of operating a utility system requires one thing. It requires people that nrc drinking the water and flushing the toilets. That is how your utility operates. This project is designed to provide customers for your utility and to provide payment on your 9 March 18, 1999 16H2 '" Port of the Islands C.D.D. Bonds which all of you pay a part of. Mr. Mossing, could you discuss the impact of not having this project go through? Mr. Mossing responded a large part of the District's water and sewer utility operating budget is funded in part from minimum charges and standby fees. The District this last year and as all of you noticed your County tax hill increased substantially this year because of these properties that are undeveloped are not paying their standby or fixed operating costs on a monthly hasis. In ,rder f{~r the District to enhance the likelihood of collecting those minimum charges we re,red everyone's minimum charge/standby fee to the tax bill. Now what Mr, B;,rnard is describing is that if this property is not developed and th,se tax bills arc, lik(,Iv t. be paid that is going to directly impact your water and sewer rates l~eca~e we are going to impute a sizable uncollectable am,unt t, y,ur ~perating In,dget which needs to be funded by the users oF the system, l;esidesthe:,:tual us~?~f utility plant which we need is that those monthly fi:es which are siz;,hle ~,, those properties will be paid and will fund the operations and make the n,,cdcd improvement for our water and sewer utility plant. Mr. Gatti stated along that line, now would be a very appropriate t,me fi~r Mr. Petty to describe to us what the plant was designed to do. It was designed carry so much baggage and somebody has to carry it. Either 1¢) l)e,l~]c, carry it or 100 people have I,, carry it s, it is a matter of h,w much y,u pay and that is essentially what we are saying. What I w,uld like ~lr. t~ettv to d, is to describe to us how was the original allocation distributed over thtl properties. Because one of the questions that is going to come down the line as we fl~rther develop these units is do we have enough sewer and water capacity. Could you address that? Mr. Petty responded the parcel that we are talking about was all.cared a little bit over 109~. of the plant size and capacity. If it is not devel,~p that basically means that 10% of the plant has to be disbursed over the remaining 905;. ,just operations, the existing users would have to absorb that 10~ of the plant. Mr. Oatti asked how many units does that transform into? Mr. Petty responded for this parcel 1~3.28. Mr. Oatti asked acres? Mr. Petty responded ERCs is what we call them. There is expected to be a little bit under 200 units built on that parcel of land. They are not supposed to be full size single family homes, but something smaller so they have a smaller value than what we call a single family home. They were calculated in the beginning l0 March 18, 1999 Port of the Islands C D.I). lc~e, ealculated in that manner. I think an as being an RV or similar to so RV is at .4 ERCs. A resident asked could you speak up a little bit please? Mr. Petty responded sure, The original allocation of usage for this parcel was considered to be what we call an ERC, an equivalent residential connection. We are comparing the water usage to a typical single family home and tho allocation for this parcel of some 300 units was going to he a little bit over 133 ERCs. That is a little bit over 10% of the total anticipated units or EI{C,s to be connected to the water and wastewater facilities which have already been built. If we do not get payment from a development that comes in, Ibc existin~ ~s,,rs will be hit with that charge. A resident stated I understand that cond,miniums ~r~ .s l';l(¢'s, is that correct? .Mr. Petty responded certain condominiums. A resident stated sC, to come up with a 130 El{(;s it is at,m~t 160 condominiums. Mr. Petty stated what the (',hairman askvd was what was it alloc:~t,,d. It was allocated at a .4 because it was considered t,, be an RV site. That is what an RV unit such as we have here is charged ~'ith. Now if it goes to condominiums, Mr. Barnard has already come before this Board and has asked them t. consider the change of ERCs to meet the development style and the Board has given conceptual approval of doing so. Depending on what is approved in the final t?nd it, will get an ERC value. We are anticipating a minimum of 133 El(Cs bcin~l developed on that parcel so that our plant maintains it existing cost and your charges stay the same. If it is anything less than that or no development at all. then the existing residents will have to bear those costs. Ms. Marchand stated an ERC is an ERC on whatever property. The split as to whether it is .4, .6, .8 was designated when the District was fir:st set up. A hotel room is something. A pool is something. A marina slip is something. An RV site is something. Only iran RV site is put in does it get a .4. The Cll) meeting at which that was discussed to reduce any condominiums--and condominiums currently are at .8 whether they are one bedroom, two bedrooms, three bedrooms or the square footage--was shelved because we could not get an agreement. There was no conceptual agreement at all for those assessment units to be redone. Mr. Petty stated approval by the Board at that time was not granted. Conceptual approval by its very nature in its name implies that you would March 18, 1999 2 Port of the l'slands C.D.I). consider an application and that is what the Board told the Developer at that time. They would consider an application. Mr. Barnard stated let me further clarify if I can. If this development under whatever circumstances it ge~s ~eveloped where to exceed the number of ERCs that are assigned to it, it would have two options. One is to transfer ERCs from other properties which are owned in common, but arc not being used which are extra and not going to be utilized and the second ~,ption is to purchase additional ERCs by paying an impact fee and that would have to be an amount negotiated with the District as to how much each unit extra would impact the utility. Currently, there are a number of ERCs which are on properties which has not been developed and does look like it is going to be developed fi~r a while. Those may impact your water and sewer fees and in one ~,f the ways t~ reseller, that would be to have people here drinking and flushing, but an3'lhin~ that is exceeded in the amount of ERCs that are assigned to the property, if the l)eveloper wanted to build more than "X" number of units, whatever it is times whatever the tlow is, he would be required to either transfer those from other properties where he is nm using them or is not going to tis them or he would have to purchase the capacity. It is very simple. There is no free lunch. *Is. Marchand stated I would like to clarifysornething that I said. That is a seperate issue though as to how the ERCs are applied depending on the type ~,f construction that there is. That is what I am saying has been etched and set tip with the District initially. I do not want to sound like the bad guy here. I am going to be in exactly the same position with developing my property and I am of the opinion I think it is very imperative that we all work together to insure that the parcel of land for the best of the District and for ourselves, fi~r our community be developed. The more people we can bring in here and there will be a limit as to how many there can be, if the Board does what it is designed to do and we elect them, I think it imperative and it is extremely important, l'will go on record however as saying that I will support as a major landowner that if there are already condominiums out here at .8, that there would be a reallocation at this point. If there is, then a reallocation of all the numbers would have to be done. If a hotel room is .2, then look at it as whether it should .3 or .1 and an RV site may be .5 instead of .4, but that would be the only issue I would take exception to at this point because it effects all the Developers of anybody developing something and the precedent has been set that condominiums here including one bedroom one bath with a different square footage than some of these would be allocated a .8. If this docs not happen--and we can see what they have done in getting this area developed in the last few years--and it goes to a tx sale, if the County tz~kes it over we totally lose control. We have no idea who is going to buy that and what they are going to put there. This is someone coming to us and telling us this is what they are going to do. Mr. Gatti stated that four stories would be a concern. They would look into and say maybe it will be three or reallocating something, but if somebody new comes in or the State steps in, it might all be turned into conservation and nothing is going to happen. What I like the sound of is what Mr. Barnard said about turning an area because it will be conservation into a community park area. That would be something that would be to the benefit of eveo'm~e. A resident stated I would just like to agree with what Ms. *Iarcha~d said in regards to the point begin that I do not think that should De changed. ~,~,':~s this originally a planned development? .X, Ir. Oatti responded in I985, 1986 the Ray's b(mght this property a~,d when into the County and asked fi~r cerUfin z(,ning and they entered into an agreement with the State in accordance with the then existing comprehensive plan a~d said okay. You have all of this property and you can zone it this w~,y. We :(re in residential. You are in RTand so that zoning exists today. That is what exists out here today. A resident asked was the water and sewer predicated on those numbers? Mr. Gatti responded that is the question that I asked Mr. Petty. I,et's talk about water and sewer. To make things simple, let's say that we have 1,000 single family homes out here. Now I am talking about the Engineer looking at this and he is the one that is on the location. He says that in the RV park they are not going to use as much sewer and water as a single family home. They are going to use .4 so that when we look at the overall plan and we look at what we need over at the sewage treatment plant, they are a little less than half of what a normal residential home would contribute. If you have one residentihl home, you can have two RV units. However, you redistribute that. Condominiums are .8 of an ERU so if we started with 1,000 the more condominiums you have, the more connections you can have. The more RV units you have the more connections are can have in accordance with those ratios. Are you with me? It is as simple as that. The question that we have to ask ourselves and the things that we have to look at is when we change the zoning, we have to look at everything. You cannot change one thing without changing another because we said this is how much we have in accordance with that original zoning. This is how much sewage and 13 March 18, 1999 16H'2 Port of the Islands C.I).I). If you increase tho number of RV units, then you have to water capacity we have. take it away from someplace else. A resident stated it call comes back to what Mr. Petty said before. I think his number was 100 unit values worth of water and sewer. Mr. Petty stated it was a little bit over 133 ERCs. A resident stated in order for the Developer to have more than that based on the condominium figure of .8, he would either have to reduce to where .8 divides into 133 or he will have to trade off other areas where he will not build the ERCs from that property. Mr. Petty stated he would have to come before this Board and see if' there was any capacity that could be provided for anything above that amount. A resident stated that give us a problem. If this was all set up t,y an Engineer coming out and laying this all out, what numbers were used when the water and sewer plant was put into operations or constructed? Mr. Gatti stated these exact numbers. Mr. Petty stated 133 and change. What that means is the numbers were the best numbers available at the time and the ERC values come out of standard engineering data which gives you standard w, lumes of water or wastewater services coming from a specific type of dwelling. If there was a new dwelling that is to be constructed at Port of the Islands that may be something that the Board may want to consider is adding to the category. It would not just effect them, but anybody falling wqthin that category. We are not trying to give away a special deal on water. It is all based on anticipated flows from generally accepted engineering standards. A resident stated I just would not want to see a situation develop where the last 20 to 30 people that would want to move down here would then impact this to the point where it would not be functional anymore. Mr. Gatti stated and that is something that we have to cor~sider. A resident asked when we started out with Mr. Bill Ray how many residential units did they approve? You are talking about a little piece of property there. I am talking about the whole place. Ms. Marchand responded 1,032. Mr. Barnard stated that is the number of assessment units. Mr. Petty stated it is 1,022 ERCs that were put into the design of the water and wastewater treatment plant back when we built those facilities. Port of the Islands C]D.D. Mr. Gatti stated we can pick this apart. Here are the bottom lines that we have to concern ourselves with. We cannot take away sewer and water service from another piece of property and kill that piece so nobody can develop it. We have to take that into consideration. A resident asked how many additional ERCs are going to be coming from the South side of the road? I know we are talking about the North side, but I understand there is supposed to be a development going in South that is g~fing to take in more ERCs. Mr. Gatti responded I do not know exactly. On the Smith side ~t' tht~ street which is another subject, they are trading commercial zoning fl~r r'vsith,ntial zoning. A resident stated but I am talking about ERCs. Mr. Gatti stated commercial z~,ning like the hotel and thc marint~ have ERCs attributed to them. The hotel has. 191. The commercial pr,perry has certain ERU assigned to it so if you trade I cannot *ell y,,u whether ?u are ahead or behind, but it is 52 units on the South side. I,et's kind of keep that separate fi~r a minute, but it is the same concern that we have to look at. Do we }lil~'e enough sewer and water capacity for these developments? Mr. Barnard is totally aware of this and the numbers have to work out so that we have sewer and water available for everybody. As Mr. Barnard indicated unless somebody says I am not g{fing to develop this piece. A resident asked can they sell their ERCs? Mr. Petty responded ERCs are not a commodity in this I)istrict. Anybody looking to move an ERC from a piece of property would have to petition this Board for approval. Mr. Gatti stated and when we say, "this Board" that is us. Ali of us in this room. Through the Board it can be done. The thing we have to look at ~bviously is what are we doing to the other piece of property. A resident asked the map that you have up there now where ym~ have all the 300 units squeezed into the North end of the property is basically on 20 acres and the whole property we are talking about is 50 acres. What is the height of those building there are squeezed in right now? Mr. Barnard responded four stories. A resident stated if we were to go ahead as a group and decide that we will let you spread it out over 40 or 50 acres, there would not be any need to build four story buildings. 15 Port of the Islands C.D.I). Mr. Barnard stated the County won't let us do that. It is not being spread over 50 acres. The acreage is going to be the same. We tire going t, build buildings on the same number of acres, but it is going to be a more linear development; therefore, the buildings are not going to be jammed into together. They are going to be spread out in a semi-circle, if you will. A resident asked what is the bottom line estimate on the impact of our water fees if we do nothing and the land reverts over to the County? We talked about the fact that somebody is going to have to pay that because we are not going to have that income coming in. If the average water bill fl~r a condominium is $25 a month, what are we going to see that rise to? Is it going to be $.30, $35, $50? Mr. Petty responded head estimate would be a involved since a large part have been talking about, it sales which means that a than have for the water and sewer utilities an .ff the t~q) .f my 105~ increase immediately. '['here are other [':wi.rs of usage is a part of the tax bill. In the case that we appears that the tax hill may not be purcimsed in tax very large portion of .perational costs much greater the 10% thnt you are seeing now would actually come act.ss. Ti,at would deep impact to the existing I,andowners. A resident asked what are we talking about S20, Mr. Petty responded you are talking 1()',~ of tile debt service which is considerable. You all know what you pay on your tax bill each year. What we are talking about is 125 assessment units not paying so take what you pay times 125 and divide it amongst you. It is a considerable impact. Mr. Wolsky stated plus the fact that these properties w.uld not exist and would not be using water. What he is talking about is standby fees. This is lack of usage which would have to be made up. The rates would go up. A resident asked would there not also be impacted any future Bonds that might need to be issued and are there any on the horizon'.' I know that several months ago there was some talk about upgrading the sewage t/'eatment plant. I think maybe you addressed that. Mr. Gatti responded the issue of the sewage treatment plant, if we start to infringe on these ERUs then the other option that has not been talked abmlt is to expand that capacity where the Bond issue would come into play. The only thing we are talking about at the sewage treatment plant that comes off the top of my head is standby power. I do not think we have standby generators. Mr. Petty stated yes we do. Mr. Gatti stated there are no pending Bond issues. 16 1M ......... !- -II Mr. Petty stated I think what thc gentleman was referring to was that existing Bondholder would consider it a plus to bare more roof tops there. The Bonds become more secure and the District's financial credit is much higher with more roof tops there versus undeveloped property that is not paying taxes or its assessments. If the roof top is there and you have people paying their bills, our rating goes up as a District and as a community. A resident stated I have a very serious concern about this in regards to the property going back to the County. I think we are all well aware of tim fact tl~at the County is looking for a site to put this low income housing on. If the (~m~nty was to gain this property in tax foreclosure, what are the possibilities (h;~l they might move that Iow income housing on to this property? Mr. Gatti respbnded I cannot answer that question and I do n~,t anybody else can. but let me put it this way. If this goes backt~,thc(;ounty, and it has been said before, we lose control. Then we cannot predict what is ~;,,ing happen there. Your point is well taken. It kas been suggested that we ¢]t~ not develop this property. That might be okay, but it is not reality. It is ~¢~ir:~Z t¢~ happen and what we have to do--again I am speaking as Dick Gatti not the l]oard- -is look at the best interest of the community and try and steer that dcvel~pmcnt that a) we protect ourselves in terms of the resources that we have here and b) thc aesthetics and everything else that enters into it. I think we have to look at, it fr~m~ a cooperative standpoint. We need the Developer. We need Mr. Hardy, Ms. Marchand and the hotel. Mr. McNeal stated I think we have to consider at this time we have an opportunity to either be part of the problem or part of the solution for the development of this property. I have been here for over 10 years and have seen it grown. I was the sixth unit that was built here. When it was first laid out by Chuck as to what was going to happen, this area where we are was supposed to be an RV park of 750 units. I cringed at that, but I said well tha't is in the future. Maybe it will. Maybe it won't. I was not sure about the advantages ofd~,ing it. My suggestion to them at that time was to take this hotel and make it into a Country Club and put an 18 hole golf course around it and sell about 200 units and they could have their boat and golf and everything else and this would have been perfect, but Mr. Ray died. Things happen. That went by the board. It has been chipped up into different pieces now and Ms. Marchand has the RV park and everybody has a piece of this and it is all going to go to pot if we do not take some kind of action to be able to have some control in what happens. I do not think as 17 March 18, 1999 16H2 Port of the Islands C.I).D. far as Mr. Ray, if he came back here right now would say that the RV park is appropriate given the development on the South and the values associated with the South. The values that have built up on the South is much more than Mr. Ib~y ever envisioned and he would have essentially changed this a little bit. Ms. Marchand asked do you know why? Mr. McNeal responded because the values have gone up and I :,m n~,t saying anything against the RV park. Ms. Marchand stated the whole stow is that he transferred ER('s t,, tlw RV park so that he could reduce the cost so that hc could sell re,re single fi~rnily homes. .Mr. McNeal stated part of the problem is that if'we do m)thi~g any(m,, c()~lld come in here and build a 750 unit mobile home park t)y purch:~sing what up here plus what Ms. *larchand has. The RT zone not m~ly allows fi~r I~; t~,~its per acre in terms of building units, but is also allows for 2(3 units per acrt~ hotel or an associated facility such as a hotel. On this land, you would build ;t 500 unit hotel 100 stories high or a time share. Those are the realities of what t,xist today. I am not saying Mr. Hardy or Mr. Barnard are giving us anything. Because they are not. Ithink they know that marketing what is upon the board there is unrealistic. Can we work with them to get what is compatible fiw all of us? I think this can be a lot of pushing and pulling, but it is possible. I would agree with Mr. Gatti 100tl that the four stow building over here is not Port {~f thc Islands. Mainsail Way down on Marco is not Port of the Islands. Is there market here for more of what he is building on the other side? Yes because he wants more over there too. The advantages of building over there was that they have waterfront and they have access to the ocean. The possibility of nmvin,~ the wear--have you every thought of that, moving it further up and all of the sudden you go under the bridge and have to raise the bridge. You can I~et under there at low tide with a small boat, but it is a possibility. Even if?u do not have that, you do have the ability, I think, for roughly 200 units two story exactly what you arc building over there rather than open parking lot. Maybe a little bit less that what is over there, but the land costs I do not think are any different from what our appropriate in the area of roughly $t35,000 a unit. It would work out to 200 units what you would have to pay for it. That would be rcughly the land costs. That works. 18 16N2 March 18, 1999 Port of the Islands (',.I).l). 200 units means that you would have to buy some more ERUs, but there is no reason why we could not ask Ms. Marchand and work with her and say, "Something nice is really being started here." The possibility of working with Ms. Marchand later on to extend that type of thing further up, she might be willing to work with the Board and yourselves to sell you some of the ERCs to make 200 possible. There are a lot of other ins and outs. Any Developer, and I have worked with Developers 5~r 40 years, always goes in asking for more than what he wants and more than what he expects. There is absolutely no question about it. Anybody in opposition always goes in and asks fi~r a lot less than what they expect recognizing there is s~mel,~dv up there who are the politidans and those politicians up there, the PlanninI: Board and the County Commissioners are true politician by being compromisers. IFthe Developer comes in and asks for more than he wants and the opposition cotncs in and asks for less and the Commission splits down the middle, they make everybody happy. What I think we have is chance to work with the l)evcl~,pcr, il' he will work with us to come up with something that can be viable fi~r Port of' the Islands and point the future for this section of the whole area to upgrade it. I am not saying that the whole thing has to be one type. There is room f'or mobile homes and there is room for a few other things too. I think what .",Ir. Barnard has to recognize to is that there has to be more than just a swimming pool and a launching ramp fi~r 200 units there. There has to be an activities center. You might even consider granting Port of the Islands CID a piece of land for municipal purposes. There are all kinds of trade offs that can be made. I think these all have to brought out into the open and I honestly think you have to work with them; otherwise, we will be letting it go down the drain and opposing him and having it go back to the County. You know they won't build that. It is not good marketing and I think he knows it. Here you have an opportunity to work with them and for~ what we have as a community. Mr. Chairman you can work with Mr. Barnard, maybe fi~rm a committee of the CID which has a very large input in here. Mr. Barnard ! think you have to work with these people. You have been here and you were here from day one. Mr. Barnard stated if I was not willing to work with it, I would not be here. Mr. McNeal stated I have to give you a lot of credit coming up here. It is like being in the lions den and you being here does indicate that you do want to work with us. 19 M. arch 18, 1999 16N2 Port of the Islands C.I).I). Mr. Gatti stated let's see if we can bring this into focus or else we are going to be here three days. A resident stated I think what Mr. McNeal saying is the only way that we will every save it. Mr. Gatti stated let me see if I can put what I have heard with a few exceptions into some sort of focus. I think we recognize as a group that development, even though it has it downsides, is really in our best interest both from the standpoint of the CID and what it is going to cost us to run this wastewater treatment plant. The idea of having that a vacant piece of property and not knowing what the future will hold on it with the possibility of loosing control of what happens there is unpalatable. Is it fair to say that reluctantly we see that the development is necessary. Secondly, the idea of spreading these units across thc much larger piece land and then defining that entire front end where we have a park on one side and we have control of that area around the weir and everything that goes with it is positive. So distributing these units over this larger area is in our best interest. What are the give and takes on it. Again, I have expressed my concerns and Mr. McNeal has too. I am a little bit concerned about the height and I am a little bit concerned about the density. That plays into our concern about what are the resources available at our treatment plants. That all has to come together. Does everybody feel comfortable with that? A resident asked how much give is the Developer willing to give'? There is a proposal on the floor. Does this make some sense to you? Mr. Barnard responded first of all if we were not willing to listen to you folks, we would not be having this meeting. I know that there are some ofyou that would much rather see it a field. Realistically, it can stay that way, but it is very expensive when it happens and it costs the entire community. Density reduction can work to the point where there is not economic value in th;2 property, but is therea number less than 300. The reason we have the four stories is to achieve the buildings in a configuration that does not jam them all up together you have to go to four stories to get 300. Would we ever build 300? I do not think so. Am I willing to compromise? Absolutely and if you do not build 300, you do not need four stories. Maybe it will be three stories or whatever. Just quickly, I think there are 12 building sites in there, if we do two story units we only end up with 144 units. It might not make economic sense. There could be a mixture in there for two and three story buildings where three of them would be three stories and a 2O March 18, 1999 16H2 Port of the Islands C.D.I). couple of them two stories. I think that would probably add a little bit of interest to it. Mr. McNeal I appreciate your thoughts that you would like to build more of what is already over there, unfortunately when you start adding garages and you start added more square footage, first of all you are beating your own brains out because you are not selling something that has to sell for $120,000 and it does not offer the amenities that you can get for $105,000 across the street. I am here to try to explain to you the best I can and the most honest way what we are looking to do. We do not have a l~t of money in this pr~ject. I am telling you right up front. We did not pay a lot fi~r the land. We bailed the guy (mt that was stuck with it five years ago and all rest of it, nil Sl milli~m, is just laying there including $100,000 to the utility. One of the things that could be ({~ne with that $100,000 is set aside for possible future expansim~ of the utility pl;,~t. \Ve h:~vt? not addressed the fact and I hate to bring up old news that some of you have no idea exists, but when we built this utility plant we ran out ,f money. It c~sts more money that we had to spend and lurking out there somewhere is a little knowledge of when we ever get to that 900 ERCs there is some money that needs to be spent on the plant to be able to meet all the properties needs. What are we talking about? Probably 30 years down the road realistically. Some of it is never going to get developed. You know that and I know it. Certainly his. Marchand is going to expand her RV park, but in order to expand to the full amount and use up all the ERCs I think his. hlarchand would have to do something like 450. I (i(~ not know, but realistically that is not in the picture. There are some stuff floating around out there that can be used. Certainly, I am willing to work with Mr. Gatti or anyone that you designate and you can form a committee and we will sit down and look at. We will l,t~k at the things that make sense. I will tell you what my numbers are. Beyond that I cannot do the development, but certainly somewhere between that and less than 300. If we don't get 300, we do not need four stories. There is some room for compromise. I know it is not perfect. It would be nice if we had 10 single family homes around there and we could sell them for $600,000 a piece. We would all feel better. We would make more money and the community would be a ~nore attractive place, but certainly in terms of having 600 RV sites in there--no offense-- but it is a better use of the property. Mr. Wilson stated I think originally you are trying to sell the Landowners on doing this on the basis of not raising our water and sewer an absorbent amount. Well, realistically I do not think any of us would fuss too much at 10% if that would preclude doing something that we did not want done. The three story/four story thing as far as I am concerned should not be considered. I think you have to come back to us in order to really placate the rest of us with something that is in keeping with what is being done on the other side of the road. Maybe it cannot quite be the same, but it does not have to go down to 800 feet or 900 feet. That is does border on low housing. I thir~k you have to come back t(, us with something that we can accept and feel good about. Mr. Gatti stated I am going to take exception to one thing you said ify,u do not mind. You said, "You tried to sell us the idea." The Board, believe trbSng to sell anything. Our purpose is to represent you fi,lks. .Mr. Wilson stated I am not trying to point any fingers. Mr. Gatti stated we have to disscminate as much informati.n as Mr. Wilson stated the first 30 minutes of this was based on this. A resident asked since we have been designated as a scenic hi,~hway we have more golf courses going in, Boy(on is developing, we are g,in,~ to be presenting 300 units, hopefully 200, at the lowest price in this wh.le ;,rea. At Foley Waters their least expensive unit for $109,000. Why do we have t~ have small units that sell for $90,000. Why can't they be better units with re,re in keeping what we want Port of the Islands to be? When you get to cr, wdin,~ these big buildings at a very low cost as far as today's market, I think it wot, Id terrible mistake. I am all for developing it, but not for cramming in inexpensive high- rises. A resident asked at this point, has there been any architectural w(,rk'? Are you waiting to get the PUD and then start spending money on the plans? Mr. Barnard responded what we are looking for is the zoning which will control the density, the set-backs, the building heights and so (,n. I do not know what they are going to look like. A resident asked is there room for a committee to work with you at this point? Mr. Barnard responded we are certainly willing to talk to you about the things that we have talked about. The density is an issue we cnn talk nbout it. The building height is an issue we can talk about it. Set backs are set up by the PUD. Those are the issues we have now. As to what the buildings are going to look like, what the price range is going to be, that is down the road. I do not know that. 22 March 18, 1999 16H2 a 't P,~rtofthelslandsC.l).l). A resident asked is that the next step? Mr. Bar-nard responded ifyou get your zoning, then you can begin to It,ok at what it is going to look like. Mr. Gatti stated we have a whole other subject to talk about so I am going try and bring this together. Ms. Walker stated I want to ask this a long time ago and we almost got to it but not quite. Does anybody know what our average homeowner ct)st is going to go up if we don't develop this land? What does that 10% and the ERC, s translate t~ terms of dollars to us based on today's population and today's usage? *Ir. Petty responded I can give you a couple of scenarios it' tha! }mlps. The way it is going to impact the residents depends on what happens il' the land ti(ms not get developed and who gets control of it. It is a distinct p,ssil)ility th:~t the units at the parcel that is currently being taxed at that we are rcceivin~z revenue from on a tax certificate sale may not come to us in the future because people will no longer buy certificates on that prt~pert)'. If we do not receive that revenue, that is about 125 ERUs for tax purposes and the assessments that )',u get on )'{,t~r tax bill tells you what that amount is. .Multiple that by 125 and it is a si,,.,nificant amount of money that will be lost. When it comes to the utility we are guessing off the top of our head, that there will be at least an immediate 10';~ impact residents on the water and sewer fees that they currently have if we take th.se units out of the computation. Ms. Marchand asked isn't 20 ERCs worth just over S9007 Mr. Petty responded there is no value to an ERC on the books. Ms. Marchand stated you are talking about the tax value. I think what they are trying to get to is a dollar amount. Mr. Gatti stated I do not think we can g/ye you that answer clearly, but the other thing that I would say is we are not talking S1000 a year. It is not a major, major impact. Mr. Mossing responded it should be about 8450 to $475 per ER(? and operating costs times 125. You pay approximately $230 a unit for your operatin~ and maintenance on your tax bill. You pay approximately $240 per ER(; fi~r you standby bill. If you add those two together multiply it by the 125 EI1.C and then divide that by the remaining. If you were starting at 1,000, you would subtract 125. Mr. Gatti stated who ever is left has to pick it up. 23 Mm-ch 18, 1999 Mr. Mossing stated yes, but there are other properties that are in t);is similar situation. There is only about a third of the property right now that is paying its taxes. Mr. Gatti stated I do not think we are getting further on this. I am going to recognize a couple of people, but I want to ask the Board if they have any comments. Mr. Dyer stated I live on Newport Drive. I am a newcomer t,, the ;tre:t. I have been here about five years. I am involved in this type of dcvel.pment a,~(t 1 have sold everything that you see out hure over the last 35 to 40 years in othc,' parts of the Country. When I listen to Mr..McNeal and this gt:ntlem:,,~ in f'r,)n! (~f x',n~, it makes a lot of sense. You do need t(, w,~rk with the Developer. We need t,, devch~p that property in the right manner. We need to have a c()mmitt('t, st,,(lv the proposals and w{,rk with the Developer. One thin~: that d,,es disturb ,ne ,s w)~en you start talking about th,Jse S,~0.0rt() to $90,000 c(,ndominiums wht:n thc ,,,,(.s at Foley's run for $105,000. I do not k~mw of any that have s,,ht fi,r un(let $12(),()00 recently and there is only a handful ltYt. When we have units that sell (;,,' SS().()()() or $90,000 we are really looking into the future fi,r s,,me t)r,,blcms :,,,(t and it is going to have an impact on thc value of the other taxable housing that is in this area. I bought into this area because I thm, ght y,u had a pretty g,,,,(l set standards. I think we need to reduce the density. The densitydistu,'bs me. The height disturbs me and the h,w cost range of SS0,000 to S.q0.000. I think wv make some compromises from the Developer and raise thc standards :md raise the square footage. Even if we had to come back and say we h:td I,~ pay an additional 5% on our water or sewer bill to achieve those standards and increase the values of those in the Po~ of the Islands. Mr. Gatti stated we are repeating what has already been sai(t and I have tried to bring that together. I think we are all on the same page. We rec(~gnize that development is going t(, hat)pen'. We recognize that we Want t() m:,intain control of what happens there as much as we possibly can. I w~,uld ask thc Staff that we have talked about a committee. How appropriate or how delicate is that? How does that work? Can we have a subco,nmittee of this Board? Mr. Anderson responded this Board has no zoning powers whatsoever. Once this Board appoints a co~ittee for an>xhing, then it becomes subject to the Sunshine Law. I would encourage it not to be appointed by this Board because then you get into a whole set of requirements. Since we do not have any zoning authority whatsoever, it is really not something that this Board should be 24 March 18, 1999 but if you want as individuals after this meeting is over to organize amm~gst yourselves, then you avoid the Sunshine Law and it is not something that this Board has any say about. We are hero to provide a utility service. Mr. Barnard stated I will leave it to you to contact me. I will be willinM to talk with you at anytime. We are willing to listen and I appreciate ali of you letting me speak. We are going to try and do a nice development that is economically feasible, if we can and if w'e can't somebody else will hav~. something with the property. Mr. Gattistatedhereisthec°urse°facti°n I would like to take. l,et'stake about the South side of the street. We will adjourn the meetin[: and lht'n w~ can sit here for a couple of minutes and see who would like to be inxmlved certainly open tt~ anybody that wants to he involved. Ms. Marchand stated the North side of this property has always bt,un the poor sister of Port of the Islands. There are three major I,andowners, mvs~,lf. Mr. Barnard and Mr. Hardy and the Hotel. I have never seen s~ many p~,~ple get together to talk about the North side {~f the property. When ~ther thi~/zs important come up, they are not here I want to clarify a couple ofthin',.'s that have already been said as fi~r as the RV park because I have you all here and it makes it a lot easier. We aren{~ta mo}file home park. We arean RVl~ark and in October of 1990 a $7 million Bond was floated at Port of the Islands. That has to get paid and they wav to pay it is thr°ugh devel°pment' The hotel owners are not here and I do not feel there is anybody that can speak fl~r them and I think it is imperative that whatever we do, it keeps in mind that we will have the dr.,bt now for the other major owner on this side r~f the prop{:rty if it is not dm~e in a way it would be compatible with some other type of facility. Mr. Barnard stated thank you fl~r ?ur time and I will be availabh: at any time to talk to a committee or a group r~f you. Mr. McNeal stated one other thing quickly. The Enginet:rs that have been utilized for this project and submittal are the same Engineers that are w~rking for this Board. I think there is a conflict of interest. Mr. Barnard stated they are not doing any of the engineering or tl~c' design work. They are simply doing the PUI). Mr. McNeal stated it does not look good. Mr. Petty stated Mr. Chairman, as an engineer you probably kn~w there are Professional Engineers in the State of Florida that adheres to certain regular!cos by the State and there is not an engineering company in Collier County who does not work for both sides of the fence, Whether we have Wils~n, Miller; Hole, Montes or any other engineering firm here, they would h;~ve multiple interest. The reason they are certified by the State and called Professional En~neers is because they divorce themselves from thc,se issues. ]t is considered by the S~ not W ~ a conflict of in.rest. Mr. McNeal stated I understand it not to be a conflict of interest, but it just does not look right. Mr. Oatti stated your point is well taken. [.et us tak~, thal consideration. After this meeting we will sit here for 10 minutes and i will ask for whomever wants to be involved and we will put it together, l.ct's talk al.mt the South side of the street fi~rjust a minute. Mr. McNeal d~, rrm w~nt lo ~:ix'~ ~$ a quick over view? Mr. McNeal stated <m the South side of U.S. 41 there is a strip ~,f'l~d lt~;~t zoned commercial all the way down tt~ where the c,~nd*~mir~iums ar~) :~ll~,x.,'~(t start and that is roughly where the ~ld parking area and the traiTers were arid the old treatment plant was. Thatisall zoned crm~merci~l with isC-4 which isa very high commercial area and allows us to put an awful lot of things in it. The ofi~nal plan was to allow an area fi~r utilizati(m by cr~mrncrcial activities which would support approximately 1,200 to 1,400 units that wer,~ g~fing to be here build-out. You needed some expansion facilities in terms oF commercial activities. U.S. 41 runs d~wn the left hand side. They ha~'e reqt~es~ed th;~t Dght hand seven acres be rezoned from a commerci:~l to what their apl)licatirms stated as an R-16 whifih is the existing z~ming further zone. A resident asked who are they? Mr. McNeal stated the applicants are Mr Robert Hardy, Mr. Clarence Smith and Ms. danet Kelley. What they are propr~sing is to extend essentially Sunset Village further north. They want to put ~n 52 units (~[' condmniniums there in the exact configuration that they have not. Thcvwm~ldlbavethcf'r~,nt :3 acres io there as commercial and y~}u have rmtict:s as you have bt, ell tlr'i~'it~g around that they have put in a back road that would s,~rve the rest ~f tbt. commercial area. There are advantages and disadvantages to all of these. The disadvantages are that we would lose any possibility of a large number of acres devoted m semce when you get the build up. As a said a barber shop, shoe repair, a boat repair business. Those things we might not be able to have because there might not be enough room there [o house them, but maybe with 1,200 to 1,400 units here, it would be enough to se~'e as a market for that type of thing. On the other 26 6H2" March 18, 1999 I i{ Port ~f th~, Islands (;.i).[). side, what could be put in here are body shops and ali kind of things. Whether they would be an advantage in terms of marketing their services down here is another question, but the uses are not the best uses in the world. You have to balance that with sa~5ng okay, put in more residential units. The ERCs allocated to that commercial area are 12 and of course ifyou go 52 X .8 that is about ,14. So there are four times the number of ERCs that exist there. X~qmt they say is that they would use approximately 20,000 gallons per day is the projected fi~ure fi~r the water. The CID has stated that in excess capacity there is al,,ut ,I.1,()(}() gall,,,~s per day in sewer available. Mr. I'(,tty stated that ~s n,t exces~ capacity il ~s availal,l,, c;,l>;,'tlv Mr. McNeal stated it says unreserved capacity. Mr, Petty stated that is available capacity. That is n,~I ,:xcess. ]x~ ,,lJmr words the design of the plant has the 12 units in there and all the .thor l';]{('s and that is the block that is remaining. We are not assi~'ning it ~,~ any one piece. Mr. McNeal stated it just says unreserved. Mr. Petty stated we do not have any excess in the wastewater tr~:tl~,nt plant. Mr. Mr. there. Mr. Mr. McNeal stated excess in terms of what was all,ca:.ed fi~r the units. Petty stated fi)r the design units that we have, there is no excess in McNeal asked the units would eat into that'? Petty responded )'es, they would eat into the available capacity. Mr. McNeal stated the plan has stone problems associated with i~. tMr. McNeal proceeded to show the audience the area on the rnap. l Thc plan ,,n the right shows the expected units going in and a lake in th,~ hack. Many ~,f comments that I have received are when all of these are built what ?u are to see is a stucco wall on the fight hand side of the road as ~ou g~,d,wn. Theft, is no design gdven to that at all. They alsr~ have part of those52 u~its going into the area that has already been designated fi~r the units of 1,10 that he is ht~ildin~ ri~rht now. I think we have to decide whether we want residential as opposed to commercial and if you want the residential instead of the commercial than that has to be changed because it is not in conformance with good design. If anything the unit should be reduced down to about 40 which would give him the right zoning of R-6 instead of R-12 and he would build without any reserve at all and the lake should be brought frmn the back into the front and you would have a very good marketing program. I think some discussion should take place as to the 27 March 18, 1S99 ~6~ P~Jrt of the Islan(]s (~.t').}). advantages and disadvantages of the existing com~ner¢ial as opp~sed l~ ~(,~'e condominium units in there. I think we can open iL up to discussion. Mr. Gatti sta~d let me repeat what Mr. McNeat said in a more fora. You can see what he is building out there now ~dth that loop gone. Tha~ areais going to be commercial. There is four one acre lots that are going to be developed into four segments. The piece that we are talking about is the pi~,cu immediately behind that about half way down toward the marina. 'l'}~at either be commercial or it can be a continuance of the type (~f homes that he putting in along the water. Obviously, thereis n~twater there and ~l~at is proposed is that he digs a lake in back of the units so that the units would fa('~, the water. That is what is being proposes. In exchange for the commercial tie wants an 1{-12 zoning with allr,ws :~_ units. The same discussi,~n w,~ earlier, applies. I think wc have to sit d~m'n with thc gentle, man. A resid~z~t a ma~'elous idea to put that lake in ff(,nt. I think that wot~ld really be ;~n ~rv feature fi~r us. Again, I am n~t selling, but when we look at the variable l}~;~l have or the options that we have here to have that lake just as we enter int,~ the property, that would really be a positive rather than a row ,~f hm~ses and p~t the houses behind the lake. I think that is a great idea. Here again, we shm~ld sit down with the Developer and see if we can negotiate a more ~:quitahle solu~i~n and something where we have to give a little }~it and he has to give a little l~it. This comes together on April 3rd. This goesbefl~re the County Planning Commissions so that somehow we have to get our thoughts together and have some s~rt ~,f' consensus. I knowweare not going to agree on all ofthis, butwehave t~get thoughts together, put it in writing and have someone present it to tim l~,ard usand tobethere in force. Not necessarily to talk because the Board really not want to here from 50 of us, but so that we have a consensus and go befi~re Board present our ideas and look for a compromise there. I will entertain more questions. Mr. Wolsky stated Mr. Petty and Mr. Anderson, in the course of thc past week I have received numerous phone calls from vahous concerned people at,out how ERCs are done on all sort of things including when was this discussed. 1 and the other Board members were put in a position of trying to condense fi~ur years' expe~ence and discussion on this Board to let people know what was on. What I would like to do on my own is put up a web page in which I would place copies of the minutes. I do not think there iu anything wrong with that because the Commission Board puts up copies of their minutes. I would like to do 28 March 18, 1999 16N2 ' Port of thc l:;]a ~rls a couple of links to the mosquitoes control that thc County is workin,~: f~n. Arc there any legal problems as far as a Supervisor doing that? Mr. Anderson responded not that I can think of. Mr. Gatti stated this is all public information. Mr. Petty stated I would condition that a little bit. Thc condition beingtt~at when you attach links to your web page, other communities and governmunt agencies have had troubles with those links }ming taken and put in s~,meplacc do not want your residents to go. When you arc posting recordings r>r minut~xq notices of thc l)istrict, since it is not thc ofticial public recor,t you always put in some wording that states that, but certainly this Board could five 5'~"~ tim authority to do that. It would have to come from here to be the otI]cial page. Mr. Wolsky asked would it be possible fi.,r tl~e District .\Ianager t,, s{:~t ~,}~. disk with the ~ninutes on it? Mr. Petty responded certainly and in ,\Iacintosh fi~rrnat. SEVEN'HI ()n *lOTION by Mr. \Volskv seconded by ,\Ir. (;illespit.!l with all in £avor the instal(ation of a w~b page bv Mt. fl .Wolsky for the District was approved. ~ ORDER OF BUSINESS Apl)royal of Invoicc.,s lion by Mr. ~,\'olsky seconded by Mr. []with all in favor Invoices for the Gener~al Fund dated[/ IlMarch 8, 1999 in the a~munt of $9,138.56 and Invoices ][the Water,& Sewe[ ~und dated March 8, 1999 in the}] [[amount of 512,663.3~ were approved.. EIG~ O~ER OF BUS~ Adjourn meat Mr. Anderson stated I want to caution this Board abou~ repeating the kl:~5~ of discussions that we had today on zonin~ issues bec:~use tl.e [Iondh,,l(h,r ,~' District's Bonds is following this matter cl,selv. If that property is n,,t or taken over by the County. they are going to be in a position to perhaps take action and I do not want them to be able to come to the minutes of this meeting and take statements that were made by individunls who hnppen t. sit this Board as some kind of statement of Disthct policy. I have no idea what was going on here today or I would have tried to get in touch with each of you indi~Sdually to tell you that, but I would just caution you and I understand that this is the only time perhaps when the community gets together and that is 29 · March 18, 1999 Port of the [..,,ir~(Js C.': ~ Either do it before the real District meeting starts or after, but it sh~,nid ,,~,t I.. the subject of a discussion in the official District Board meeting. Mr. Gatti stated I appreciate thc comment and it is ;'~..,~.' appropri;,~,.;. The meeting adjourned at 5:55 p.m. Assistant Secretary 16H2 AGENDA PORT OF '111E I8I.~\'I)$ COMMUNITY IMPROVESIENT I) ISTIUCT Thursday March 18, 1999 4:00 P.M. RV Recreation Naples, 1. Roll Call 2. Approval of the .Minutes ofihe February 18, 1999 .Mectin~ Acceptance of' the Audi! f;,r Fiscal Y,,ar Ended Septc~nta, r Port of' the Isl:~nds 5. Staff :\. Att,r'nev II. Engir~ecr (?. .Mana,,.,er- St:itu.< [,','I',,,rt nn .X!,.,,ling with I).E.I'. 6. Supervisor's }lequests and :\udier,r~. ('.mments 7. Approval of Invoices 8. Adjournment NOTE TO ALI, 5IEETLN'G A'ITEND Please identify yourseffench time you ~lx.ak to f:,'ililalett-m~SCnl)tm~' ' of meeting minutes. Thnnk you for your Naples Pail7 New~ Naples, FL 34102 Affidavit of Publication Naples Daily News PORT OF THE ISLANDS 10300 )a 11TH MA~OR CORAL SPRINGS FL 3307~ REFERENCE: 0109~8 578~3161 Nctice Of ~eeting 7o State of FLorida County of Collier Before the undersisned autPcrity, pe,sonaLt! appear~ B. Lamb, ~ho on oath says that she serves as the Assistant Corporate Secret~rv o' :he NaoLe~! Oatly News, a daily ne~spaper oubl:she~J at Naples, in Collier County, Florida: t~at t~e att~c~ed copy of Advertising vas published in sai~ newspaper on dates Listed. Affiant further says that the said N)ples Gaily N~s is a n~s~per ~bLish~ at Ne~tes, in said Collier C~nty, FLorida, a~ that the said n~s~per has heretofore been continuously ~bLish~ in said Collier County, Florida, e)ch dmy a~ has been enter~ as secopd class ~iL ~tter at the ~st office in Naples, in sa~d Collier C~nty, FLorida, for a peri~ of 1 year next prec~t~ the first ~bLicetion of the further says that she has neither paid nor prom(s~ any person, firm or co. rat(on any d(l:~t~ rebate, commiss(~ or refund for the ~r~se of securing this advertile~e~t for ~t(catt~ in the said nevspaper. PUBLXSHEO ON: 03/11 AD SPACE: 6Y,. 000 FILED ON: Signature of Affiant /_~ . Suorn tO and Subscribed before me this ~ day of Received eb 7- ~ m from · *- 1,6H2 E Dep rtment of nvi nmental Thom&s B a.ma.r d Port, of'the islsr,,ds Comn~rdty In',provcment Distric~ ~SO00 Ttrr~ Trail E~st Naples, FL 33961 FLC141'~ ' Dear Mr B~mard. The purpose of this IeUer i~ to ~[vi~ yau o£p~.',iSle ','ialaticns al ~. ,, ~'.,-::, -,.}.::-. y::.u m~:, ?,~ re~ible, and to ~ak yo~ ~pcr~ion in rc~lving Ibc m~Itcr. A fic~/, ~n::;cc: .::-: ~ ',~c ' .... above de~:i~ F~cili~y Enclosed i~ i copy of the ComplY,ncc Evalua6on (CEI) tha: was cvnduc:t:! The purpose oftbe CEI was to evaluate the ficiiity's NPDE$ seif, meni:c,: ,.~..~ ../.~ determine if'permit eequlrcrncnu wcre being rhea. The Facil~y's overall rating was Unsalisf~-tory in :?,e tress of the c'~,'-::,~:i.::n ~j Maintenance, Saa'npilng, and Efflurnt Disposal. ' activities observed o~unng thc Depsrtmcnt's field Continued activities at th~ £acility in v~oladon ofstate ~atutes or r~!:s :na~ resu ,:: .,~..,.,y , ~ ' ~: t'~:, for d~ages and resto~fion, and I~ judicial impodfion of cml pcn~fies violation ~r d~y, pursu~ ~o ~ions 403 14~ and ~0~. 16l. F S. Plea. se contac4 Keilh Kleinmann It (941) 332-6975 or at tile of this W~ing L~t~ to a~e a meet{nB to di~'ass this ma:t~, Thc int~est~ in ~e~n$ ~y ra~s y~ may have l~ will ,ssi~ in d~c~ning ~oluion have ~u~ed. y~ ~y b~8 ~yone ~th y~u to the m~ing r~l~ IMz matler. Continued Received Feb-07-99 ~:' - 02 ]vLt.Th~ B~nard Itnua.t7 28 1999 Page 2 16H2 PLEASE BE ADVISED ~at ti'ds Wu'ning prdlminu7 to alii=ney ,,ctlon in ~.ccordance with Section your c~opention in completing the investiilalion ~d Sinc:r:',y, Dircc~ar of DJ.~t r[ct .M~ert~n: .~mo e~c}osure cc: Mikc T~nsid DF.P TaJlahassce (w/c~closurcs} Tim Stephens 16H2 , LN-IT, O D U C Ti ,'7.) N The foIlowi.%, indivi3ual$ were presem d::rinic Kehh KJeirwnar, n Tim Dan Mil}er The overall integrity of the permiaee's s=if-monhcE:',g program due to deficiencies, not~ in the areas off, piing, operation dispo~l insp~fion ream Deflciencie~ idmn:~ed ~<riag :Lo CE1 are IE~:: o~ th~ peri:toe's selgmonitonn~ program. a 0 2 MOD (A.~n,oal Averlge d~ly flow) Barden;?,o process wi:,-, a~ ,~:ural. receiving wetland Er~uen: is disir~ec:ed to meet rcquir~t ofO 5 m~L put.ant to Ftofid~ A~.%nis:ra~ive Cod: 600 440(4~ by thc u~ 0¢ chJo~,qe gas E~ucnt ~,k~ch i~ disc~r:,;:,'~ t~ d~Nofirated by thc introduc:icn of sodium ~i~uif~te O OI m~ li~tafion Wam~nt lo F.A.C Rate 62-3a~ ~60(t0) Bar Screen/Chit Chamber hi=in Influem Lift auttlon Internal R~:yr,.le Pumps Return Activated Sludge Splitter Tank 2 First Anoxic Eh$ira 2 Fir: Nitrification B~ins 2 Second Nqtrificallon Basins Receive~ Fe0--87-99 8~:44p~ ~rom ~lll ~3 "U~iU/N~IU ~AikM ~U. ~eb-O7-g90g:4~P Po~ o~ the ;-'. US,. 1 O page p Second An, oxic Reser~:tion B~n Seccm4e. a'y Clenfiet Automa.',ic Backwash Up Flow Sand F'dter C~odr~ Cont,~'x Chamb~s Eff]ucnC WelwelJ Dechiodnafion Tsr~ R~cl~irn~ Wa~er Stor~g~ Residuab Tl~ckc~ng Ts.,'tks CI2 lnd SO2 [nje~.iotl FaciljtJe~ 16H2 The A'WW'FP is p~fl'ed 6 hour~ a day, ,five days per week with wee_ke~d visits by two certified operators R~ting: 5~!isfactcrv Background: Permit Number' FL0[4170~ Isled: March 18, Expiration' Marc~ 17, 2003 A copy of the Ix-trait w~ ma, Lntain~;l al thc AWWTP as required. The ouffaU a~ oft~ ~cci~g wat~ were ~ d~b~d in th~ p~t. The ~ht~ ~ applied for pc~ ren~/~nd the Deoanment is cu~entiy proc~r.g an N~DES pe~t for facility ' Rating: Satis£actocy 3. Becord, and_ Re~or't~ Background: Setfmor'dtorin,~ records consist~ of:he fo/lo.wing: Disch~r$~ Momtorin~, R~v~n'~ ~) CMin o~Custody K~rd~ Malnt~n~ ~cord~ Ope~tion ~ monitoring logs 'l~e self-monitcnng records were kept for i. minimum o," thr,te year5 Deficiencies: Copies of the facilities DMR's wer~ no~ being rent co Tattahassee in accordance with the current pe~it. Bezulnlvn, Rtqai~me~t: Specific condition ~(7,) or,he ~ve refe~n~ p~t ~es that dudn~ the p~OffS~lion aulh~ b~ th~s ~t. t~ ~t~ee ~h~l compile and ~b~t to the D~sn~r2 on a monthly b~,s D~e Monmtodng R~ons ~'s) Fo~ 62-620 9tO(10), ~ a~la~d ~o ~s p~it 'l~e ~m~ttce shall m~c ~pics ofthe ' ~r~hed D~ fo~s ~ ~l mb~t the com~lezefl D~ fo~s to the Dep~a~nt ~ the tw~ty~th (28th) of~ month foll~ing the ~nth ofo~ation. Copi~ of the D~ shall b~ ~b~ed to ~ch of the ~ddr~s ~fi~ below Florid, Dep~mmt ofEn~ommtl Pm~ion S~h Di~dcz P.O. Box 2549 Fo~ Myen, ~orida 33902-25~9 Received Feb-OT-gg 02:44pm fro~ CCIT] G3 .~ CSID/NSID WATER CO. page 5 Fe~-07-99 02:41P Port Florida Dep~m~rrt of Environmer~l Protection Wa~ewtter Fa~Lities RegulttJon Section, Mail Stsfion 3551 Twin Tow~ Offtc~ b~ilcl&8 2600 Bl~ir Stone RoM Ta]~,~s~, F}oriclj 3239%2400 Ob~er~ atlo~]t 4o facilities chJorine (C!2 cal~r~tio2 recor~ contained ordy ~bration The st~ds used were not being recorded exa~ ~mplir.~ lo~Bon~ ~e ~c: ~in8 r~orded on ~he c~in of c~ody Suggestion: The amu~l s~ezrds u~d ~nd ~he ~ues r~d during thc Cl: met~ c~ibr~ion ~hould ~ recorded in tM d,ily ~l}bratien fog ~ting: M~wn~ g*ck~round: T~ flow m~re~t sy~em wa~ ev~t~ and the foUowing w~ F~nd. D001 Water Speci~It"./turbine Mmer April 30, 1998 Im']uent ISCO Uni Mag Magne'tic Flow Meter May 7, 1998 flow meters ar, caJibrat~ by ~ c¢~ified t~hnici~n Deflciencie~: The facility's ilo,a, warn being r~orded with the effluent flow meter. Re~:~la[lor3, Reciu[ _rtmt~]: Specific Condition lA2 ogthe ~ove refer~c~ ~it indic~s that the flow sh~ld be mea~ur~ whk :~ in~m flow meter Rating: M~ginal Ooe~tion~ ~nd MRin~n~pce Bac~mund: The wut~ater tr~tmcnt facility ia sI~ 6 h~rs per da~, 5 days per week and w~d Gshs. ~th one Class A ~nified o~rator, and one Cl~s C cen~ed Op~atian ~d mmnte~ ~uals were main~ned on Pel'~cieacles: Raw sewage wan spta~hLng onto the/round from the facilltT'a headworl~ while it e~lering the her screen. The liftstatioa at Stella MariJ does not have an at~dlb~e ilarm, only his one grinder pump, end ia in a state ofdbrepair. Facility per~onnet indicated that b wa~ only Intended to be a temporary lift atatiofl and wu never upgraded ~o comply with the bafie I~partment requirementa for a lift $~ation. Receive~] F'eb-87-99 02:44prr~ from CCITT 03 ', CSID,/NSiD ~'AfER CO. page 16H'2 s, The Deparlmtnt was not notitled by.the l~rrnltt~ ora tifhtation overflow that oceur,r~d R~t,~uhitorv._ R_~lut~m~nJ: F.A.C. Rule 62-604 130(5) star~..~ tha~ the failure to ma~t~n tqmp~m ~ a ~ndition ~ will en~l~ ~e intend~ ~nmion is prohbk~d. J~¢[ulatP~ g~;litf~m_~r}l: F.A.C. Rule 62-60: 550(;) st~rcs thst in the ~.:nt of equipment bre~do~,, ~'~er ou:agek dca:ruction by h~ard of fire, wind or by other caus~ the ~l~ shaB north' the d~a~m~: and the local pro~ (wh~re ~ing) when the ahoy. described ab~ ~'c~, r~lt in th~ dispc~i oFi~deq~tely ~ated wute in ~o~ficn of~le 62-60~.t30(t), F A C Notification shall be made ia per~n, by te)ephone, or by tel~raph to ~ nearest o~ to the Depmment ,nd ~ho bcs) ~rog~m within 24 hours o¢~kdo~n or ma~ndion Rating: .Sampl/llW$qll.f ~Mo~i~orin~ ~'r~m Barkground' The ~:ttec collated the xam~l:~ a~ listed in the cmn sh, ows the h~i:y s mJ~mum ~mpl~,g '/'he fo!2owmg Ftc,,.,., 5 Day~'wk Recording Headwork~ TotalL._cr Prior to b~r sc:re, eh pH ! D ay~/',s'k Gr~b DO _" Da?s/v. k Grab (Dis/nf~tion) 5 Da:~ s,'~,, k Grab End oFCCC prior to Dechlar/nstion DechJodnatian Tan. k E,.nd of CCC pr/or :o DcchJo~;nafion D¢chlor matic'.n (discharge) 5 Dayg/wk {ir ]b T$S Bi- Weekly [nfluent 8 i:r Flcw Proportioned Compolit¢ Dech[c r',r, ation Tank Headworks pnor to sid¢$trearn FEB L3'9 'St'9 05:25 FP Dis. rI~ICT OFFICES 1:2 954 345 ~2 [0 194~4~.'=~o ~-~ . Received Feb-eT-g9 eZ:44pm from ~ITT OS * CSID/~SID ~ATER CO. p~ge 7 I_5...$. ]~i- Weekly It Er Flow End of CCC Ix/or Efl'u~nt Propordon~ to Dech]orin~tion Cor~q'~sito ~ Bi- Weekly 8 hr. Flow Headwork~ prior Influent Proportioned to ~.ide~ ream Comi:~it~ mLxin8 ~5 Bi. Wce~y 8 It,-. Flow Efl'lucnt Pr'opor:ion~ Composite Fetal Coliform Bi- ¥,'eetdy Orab Torsi Nitrogen Bi- W~ldy (discharge) Total Phorphoru ~ (discharge) 8 la'. Flow Proportioned Compcme Bi- V/e~kiy 8 hr. Flow Proportioned Composite End of CCC prior to D¢cl'dorination End of CCC prior to DechJorination End of CCC prior to B¢cklorinati~n End of CCC Ix/or to Dechtorin:qion Residual ~.n~JXsi~ ix required to b~ conducted bi-m~ually Deficiently: Effluent ~amptes art beanI t~z,n from the declorinatlon chamber Instead of the proFer ,ampllnl location (Prior to de~lorlnation) tn accordance with the facilities current permit. A r~-vlew of the S~plember I998 DMR tndl, eat~ that the Totzl Nltro~en r~Jult wa~ 6.,17 mw'L. A rrvlew of the Seplember 1991 DMR Indicated that the Ch residual was 0.~I1 mg/'L on September 23, 1995 and 0.64 on September 27, 1998. ReluL~torr _Re~uirtmeaI; Specific rendition IA (2) ofIM ~ove refe~c~ pe~.it states ~ Effiuem aamp)e~ s~ l~cn a~ the mo~lefing ~}te [o~tion~ Ii~ in Peri: Condition I.A. 1. Rezul~.lo~ R~s~uire~e~,{: Specific condition IA (8) of the ~ove refer~ced sta;~ th&t ~he f°t~ Nitrcg~ (~ ~h~ to t~ r~ving wetla~ m~l not ex~ 3 m~ for ~ ~nu~ p~. 3.75 monthly, 4.5 m~ w~kly, an d 6 m~ m~imum pe~iss~l, R~ulato~ R~ui~I: S~cific m~ition IA (4) ~thc ~ove refermc~ ~t~ thit a t ~= ~ms u~ on p~ h~ly flow. Rating: UnsatLsfit~tory FEB 09 '99 09:25 Fp DISTRICT OFFICES =2' 954 345 1292 TO 1~14:]45359-023 Received Feb-07-99 02:44pm from CCITT G3 -~ CSID/N$ID II'^TER CO. page 'Feb-07-99 02:42P Po~l:, of' the -r.~lancis Rea'~t P.O8 16H2 'L b. bornto_r,,z Background: Frocedu. rts ev~uated V the Sande's La~rmtoriea in Nokomis and Es~ero o~oea inc. lude,5 pH, ~vlty, tempemt-ure, arsenic, chromium, c.~mlum, icad nitr~te, ,TP, S04~ , TDb, ~. $, ys~s ue su~,o _c~___ nl. ra~ to the City ~C~p~ _C~ La.bor-a.tory Iq~S #Eb~'26t ( ocedures ev~luazed ~ the Thornton ' ' - )' , . Labor, tones ~r~ for '/o to~ solids, TN 1T Cn respected during thc: i~s~ti~'. , ,,,t. r~, ar~ z.v~. [ ,~ t~¢ota'ton~ wtr, not P~lin~: N/A 9. Efflu~n! l)bposal B~c.k. ground: The f'acilit),'s ~fJlumt is cEschatgcd tc ~n J~olated 3~ acre naluraJ, receMn~ wetland tree via a perfor~ecl PVC pipe. Effluent is dL6.ntected to meet the b~sic · sinfection requbrernera of0.5 mg/L 1Par~mnt to Fk~r~c~a AdmirJstratJve Co. de ('FAC) Rule 62-600.4.40(4)b b~ thc usc o['chlofir~ gss. Efftu~t which is discharg~ to surface waters is then dechJorinated by the introduction o£s4:~liurn bisulfate iron the wa~e stream to meet the 0.01 mg/l limitation pursuant to F.A~C. Rut¢ 62-302.560(10). The ernuent is not being evenly distributed/hroulh out the wttland disposal srt~. It appears as it the discharge pipt was improptrly installed. The effluent dL~hsrge pipe wss inst~lled unevenly and has been modified so that every other hole In the pipe bas been plugled. Re~ula~ory. Rea~lre~meal: F.A C. Rule 62-600.410(6) r~uircs that aJl ~acJlities and ~u~pmcn~ ~ccs~ for thc tr~tmcnL r~, ~nd d~pos~ of do~ic wa~ewater or dom~ic wa~ewat~ resides sh~ll be m~nta~n~ ~t a ~mum, so ~ to ~nction as int~d~ Rating: Ur. satisfic~ory Received Feb-e7-99 ~2:Upm fr~ ~ITT ~3 * CSID/NSID ~ATER CO. reb-OT-g9 02:~3P Port of the Islands aealt FLORIDA D~PARTME~T O~ ~V[RONMEflTAL PROT~CT[O~ page 9 i 6~2 ' Rev~fiUe$ Total Eevenue~ I A nr:~ ~1 Au~'t L~al AC~, O~c~ SuDDI~s Totol Administrative ~Ogd Total Field To,al Expenditures ~cess Revenue~ ~glnning Fund Balance Ending ~und Balance Port of the Islands Community Improvement Disfficf General Fund Statement of Revenues and Expenses For The Period End!ng Fel:xuary 28. 1999 16H2 ' C-.ener~ Fund Procated Budgel Actual Bud~let Thru 02/28/99 T~ru 02/28/99 Variance S3.~ S1250 53627 52 ;2 37; 52 S23.3.439 $~725~ ~,~5 72~ 5~ <;~* 5~ ;4; 5236,439 $98,516 $89,356.03 ($9, 16022)] ~;5; ~f,? S35; :,' ; '9' .:.'. ;2 tat, S3,~ ~ 4,:2 93 :2,:: :.,. ;,:(,; ;2;5 $2~3 4~ ;,J4 5; ~,414 {~,837 ~20,549.87 ~ 10.286.80 J ; ' 703 S 7~ ;~ .~ 5¢4o r~ ~176,025 S74,917 $53,225.16 ~21,691.92 J $236,439 ~1~.754 $73,775 ~ $31,978.72 J 15,58 $271,828.20 ] $287,409.20 ] St~ Total E~er~ Total Admin~HatNe P~nt F~A T~ P~ utm~ Total P~nt Total Ex~nd~ures Ne~ I~o~ (Lo~) ~glnning Fund ~la~e Ending Fund ~nce Pod of the Islands Community Improvement District Water & Sewe¢ Fund S~atement of Revenues and Expenditures For the Pe, lod Ending F~l:xuary 28, 1999 16H2 Fund Proraled Budget Actual Bud~let l'nru 02/28/99 Thru 02/28/99 Variance I S8.D~ $3 ~3 S~57 2 ~ S2 770 ~ 2 S5 ~ S2.~ ~ ~ S27~3 33 52~3~ Sl.0,3 S1 Ct2 42 ~ SlZ~ ~?~ S675 ~ 525 ~ S!0341 S1~.241 58.~i ~ S2~ ~ SI J~ S~:2 S02 12 S479 55 Sl.~ ~17 S2~42 S176 25 S2~ Sl~ SI71 ~ (S)5 ~) ~ S313 S297 &5 SI4 ~ S~ 5~ ~ ~ S~ 33 $66.295 $34,274 ,~22.885.05 $ I ].388.87 J ~:2 cx~ $17.f,gC SI 7.~/I,; 48 (S381 48) 532:3 Sl .~ Sl.~J 43 (S25 ~) S26~ S&~ S~ 8g S~ ) I 52 5~ Sl.D:2 S262 21 5779 4~ 12275 52.276 S~ 4~ ~ $7~4 ~J ~ ~C S15 ~33 S2.~2 ~ ~13~ 33 ~022~ 524.b78 ~ 15.5 i 2 ~ Sq.165 47 S35~ S14~ Stl.~ 74 ~574 5q S~ S~ S I ~ ~ S~ 33 S15~ ~13~ ~1.T25~ 5~.125 ~ S298,737 $125,591 ~,5~.15 $~,~ 1.27 i J $364,032 $159,866 $88,415.20 S 71,4.50.13 [ $).2]9 $19.35~.99 J [ ($ 105,994.74) L (,~56,637.75) Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Ending February 28, 1999 16 12 Revenues: !nterest Income. Pes erve Revenoe !n!e~est Pedemphcn SpecioI Assessments Prepayments [jf~ta I Revenues $9,813 15 $ 3,5¢'~, 5,5 .~,0 CO S30q 88 S26fl.7t2.71 S14,175 80 .... $2¢'2',518.09 ii Principa; Interest ~Total Expenditures S7o.ooo.o0 $247,50000 $317,500.00 J Excess Revenues ($24,981.91)1 JBecflnnlnc~ Fund Balance $1,031,191.24 J [Ending Fund Balance $1,006,209.33 Pod of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expendiiures For The Period Ending February 28, 1999 6H2 'i Interest Income Construction & AcquisY, ion Revenues $ t!.~ 3 96 "$843.96 Capital OuTlay I~'otal Expenditures [Excess Revenues $843.967 [Beglnnln~ Fund Balance $59,779.54 I~:ndln~l Fund Balance $60,623.50 16H2 ! 6H2'~'-, ~6H2 =:o. ~ o o. o o o. o oO O0 o %, 0 16H2 16H2 ' April 16, 1999 Memorandum To: Clerk of the Circuit Court o'o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale', Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Pa~ad Naples, Florida 34114 Reference: From: Minutes of Meetings held February 18, 1999 Gary L. Moycr Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of' Supervisors of Port of the Islands Community Improvement District as referenced above. GLM/jmr RECEIVED FIk P. iCE MINIfrES OF ME~G PORT OF 'IItE ISIANDS CO~IMuNrrY ~'~IPROVEM:ENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, February 18, 1999 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were: Richard Gatti Bernard E. Wolsky Millie K. Strohm Brennan Gillespie Richard Burgeson Also present were: John Petty Bruce Anderson Tim Stevenson Marlene (Sams) Marchand FroST ORDER OF BUShN~_.SS Chairman Vice-Chairman Supervisor Supervisor Supervisor District Staff Attorney RV Park Owner Roll Call Mr. Gatti called the meeting to order at 4:00 P.M. and Mr. Petty called the roll and stated that all Supervisors are present at roll call with thc exception of' Mr. Burgeson. SECOND ORDER OF BUSLNF~SS Approval of the Minutes of the Januao' " 21, 1999 Meeting Mr. Gatti stated that each Board member had received a cvpy ()f the minutes of January 21, 1999 meeting and requested any additions, corrections or deletions. On MOTION by Mr. Wolsky seconded by Ms. Strohm]] with all in favor the minutes of the January 21, 1999 meeting were approved. THIRD ORDER OF BUSLN~_.SS Discussion of Medirm LanrLqcaping Mr. Petty stated you directed Staff at the last meeting to get prices for changing the sod from Bahia to Floratam on Newport Drive and to get prices in two pieces, one for the front end and one for the back end. Mr. Stevenson has talked w/th our Landscape Contractor and has some prices to discuss with you. Mr. Gatti stated so we are all clear on exactly where we are talking about, please describe that area for us. Mr. Stevenson stated the area is between the marina at that intersection and the rest of the way down Newport Drive. Mr. Gatti asked to where'? Mr. Stevenson responded to the curve where you turn into Newport Cay. It is approximately 21,035 square feet at 25e per square foot which comes to $a,4a~. a. Mr. Gatti asked is that to remove and replace? Mr. Stevenson responded he recommends spraying it with l{~,u~d lip and killing it all and then coming back and sodding it. Mr. Gatti asked how much was tl~at again'? Mr. Stevenson responded Mr. Wolsky asked will the Round [Jp bother t}~e existi~tF, lan(l:~cap~ material? Mr. Stevenson responded no it ,,viii not. I think he leaves it down fl~r a}~,ut week or two. I am not sure of the exact period of time. Mr. Petty stated it was about two weeks. Mr. Gatti stated they put it down and let the }lound Up die ~ff f~,r effectiveness and they wait for a couple of rain falls and then come back pick up the old grass and putitback. What was tbe pnce per square Mr. Stevenson responded Mr. Gatti stated that is m~t a bad price. We buy a l~,t of it at thc City and that is a vew reasonable price. Ms. Marchand asked what are they putting in'? Mr. Stevenson responded Floratam. Ms. Marchand stated but all the bushes will stav' Tt~at is just for the grass. Mr. Gatti asked is it within our budget'? Mr. Petty responded in the landscape bud,get we have $25,()()() for landscape improvements and that is an annual allocaticm. Mr. Wolsky asked is this entire area that we are going to clean up and plant sprinkled? Mr. Stevenson responded yes it is. Mr. Petty stared there is one more section that we have a price for which is the No~h side of the Newport DAve to Highway 41. Februa~yl8, 1999 16H2 "' Port of the Islands C.I).D. Mr. Stevenson stated the North side of the marina to High'way 41 is approximately 15,025 square feet of sod at the same price of 25¢ per square foot r. Df Floratam sod is $a,906.25. That is done the same way, spray it. with Round Up, come back and re-sod it. Mr. Wolsky asked is that irrigated also. Mr. Stevenson responded yes. Ms. Marchand stated they have been working on that area. Mr. Oatti stated the only comment i would have is subject t, wha!.evc, r acti~Sties might occur at the hotel, v,'e might want to think about holding back c>~ that North entry. Weare really not talking about that much money and we really do not have any idea what the hotel is going to be doing. I can support this either way, putting it in nov,' or wa/ting. Mr. Wolsky asked would it be wise to wait until construction is finished'? *Ir. Gatti responded we have no idea when that is geeing t, be. It ct~u]rJ J>c a couple of )'ears away. A~ain, for $3,000 or S4.000 I think it would be an improvement. *Ir. Stevenson stated ii'you are going to consider that point, what you might consider doing is from the point where the hotel breaks off South and rc-s,dding only that second portion from where the hotel property begins Nr~rth. Mr. Gatti stated we could consider that too. Ms. Marchand asked that S25,000 which is budgeted fl~r this year w,'~.sn't a good amount of that allocated t. getting new sod and sprinklers t, the N,rth side7 Mr. Gatti re.?ponded yes. Ms. Marchandstated this is going to take upagood portion o£ that. Wbatis going to happen to the sod and sprinklers for the North side. Mr. Petty stated the North side of the road leading lip [o the North hr~tcl and beyond has always been an item that we looked at from year toyear. Thc rn{~nev was not set aside specifically £or just that, }>tit it has been a t.t>ic that ,.vt ;t<trlrcslq From )'ear to year. Mr. Gatti stated if we spend the $9,000 that leave us about SI~;.()01/. l"r, rn Staff is there any other major items other than North of Route 4 1 that y"'u see us dealing with this year? Becnuse in fairness to Xls. Xlarc}~and, we have bee~t putting this off a long time. Ms. Marchand stated I thought it was going to hnppen this time. Mr. Petty stated as a matter of fact you bad asked tis to come back with a quote for also continuing on with that program. We do not have one ready bcci~t~se February 18, 1999 16H2 Port of the Islands C.D.D. our Landscape Contractor is still working up the numbers for the irrigation system and that is the key to the North side, but I think it is our intention to come back to you at the next meeting with prices for coming up tile North road another two or three sections. Mr. Gatti stated Ms. Marchand I appreciate your .situation. If the Board approves this, let's spend the money of $9,000 on the South side and concentrate the remaining $16,000 to what we can get done on the North side. I noticed new plantings in front of the sign near the hotel. Is that us? .Mr. Stevenson responded yes. Those are annuals that have been there fl~r three years. Mr. Gatti stated it looks good. Mr. Wolsky asked what did you do to them? Mr. Stevenson responded I just told him to replace them because ti~cv wer~ only good for a couple of years. Mr. Gatti asked is there a motion to re-sod the median from the entire hack of the building down to Newport Ca)' x~qth the understanding that the remaining $16,000 that we have be allocated to the North side of the street. I[On MOTION by .Ms. Strohm seconded by Mr. Wolsky][ with all in favor District Staff was authorized to ?end][:'- S9,365 of the Landscaping budget for the .,X,~t:dianl[ Landscaping for the South side with Big Cypress]] Landscaping Maintenance Co., Inc. The record ~¢'ill reflect that .Mr. Burgeson has joined the meeting. FOURTH ORDER OF BUSEN'F,,SS Discussion of Fire Ant Control Mr. Petty stated you have directed Staff to go out and get some prices based on experience with the RV Park and the success that they have had in a program that they have been working with. Mr. Stevenson has gone out and received some prices. I am going to tell you the prices are excellent. We have discussed it and it appears that the gentleman is worth the effort for the price. He wants a minimal amount of money just like the RV Park Owner had told us. It is $500. Mr. Stevenson stated we have a quote of $500 for two treatments a year. Mr. Gatti asked what does that include? Mr. Stevenson responded that includes the public property. There are a lot of ants off of the right-of-way. I gave him a general area of four to six feet off the road edge. A lot of it was further off than that which he will not get to. February 18, 1999 16H2 Port of the Islands C,D.D. Mr. Gatti stated subject to the Board's direction, I think we should proceed on the basis that we have to make everyone in the Community aware that just doing the median part or the public part is not going to get it because if we do not do our own property, we are not going to accomplish anything. It is not that big a deal to get a little box of Andro and sprinkle it over the area. Ms. Strohm asked how far apart MI1 these treatments be? Mr. Stevenson stated the gentleman says he has it down pat where he will treat them next month because it is the starting of the breeding season for ants and in about six months he comes back and treats them again. He guarantees that there will not be any ants and if there are any in between that time. he will come back for free. Ms. Strohm asked how long is the guarantee for? Mr. Stevenson responded a >'ear. Mr. Gatti stated I think we should budget for it on an annual basis, but again I encourage everybody to take care of their own property. Mr. Gillespiestated I would like to makea comment. What Ms.*Iarchand went ahead and did at the RV Park she also had done at the gun club. If you haqe not been to the gun club, there is a lot of concrete walks there and the shooting platforms are all concrete and those are beautiful hiding places fl~r the fire ants. In the main area, I would say we have had at least a 90% drop in our fire ants. Some of them still do reappear, but we go out on a regular basis and sprinkle them with a fire ant killer and it does work and we have really curtailed all oC our fire ant problems. I would recommend that it is a good product to use. The gentleman puts it out off of a four-wheel vehicle with a spreader in the back. He spreads it like fertilizer and sprays it on to the ground and that is all he d~es. He comes back subsequent to that and re-spreads it again. Mr. Gatti asked did. you not sa>' the gentleman wanted a minimum amount of money? Mr. Mr. Mr. Mr. Is the $500 to do the lump sum hid to do this ? Stevenson responded that is the maximum amount. Gatti asked is it not to exceed $5007 Petty responded yes. Stevenson stated it will probably be less. liOn MOTION by Mr. Wolsky seconded by Mr. Oillespie[] [with all in favor the Fire Ant Program with T-N-T Fire[[ [Ant Services in the amount not to exceed $500 wast] lapproved. II 5 February 18, 1999 Port of the Islands C.D.D. FIFTH ORDER OF BUSINESS Staff Reports A. ARo~ There not being any, the next item followed. 16H2 There not being any, the next item followed. C. Manager Mr. Gatti asked Mr. Petty do you want to give us an update on'our EPA situation? Mr. Petty responded in the course of operations we received a letter from DEP noting some deficiencies in our Operational procedures and facilities that they have asked us to address. The list has approximately eight items~,n it. Mos! of which we have already started to address. Staff will be meeting with DEP representatives tomorrow to go over those issues and to address all of the concerns that DEP has with our operations and our facilities. At next month's meeting Staffwill be ready to give you all the details ofour meeting tomorrow. Mr. Gatti stated as I read through the document it is not that they are not dissatisfied with the operations, but with the reporting provisions. That is what I read into it. We will get a full report next month. Mr. Petty stated yes. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Ms. Strohm stated I was wondering if the Board would consider'scllin, g pr leasing the sign to the hotel owners, if, and/or when, the hotel is sold rather than the upkeeping being our responsibility. Mr. Gatti stated that is a good idea. First of all, any hotel that comes in there is going to want to put up their own facility. Second of all we would like to get it maintained by others. Mr. Petty stated one thing to consider is the sign does have a str~ng character for the community and depending on who approaches the hotel property and what they would do with it, the sign could become a nuisance. Currently, you do have control over it as a community. I remember there were times we have discussed where they had a sale on shrimp and they put that up on the sign and a lot of residents were concerned that the entry sign to their property 6 February 18, 1999 suggested a sale on shrimp. the sign. Port of the Islands C.D.D. 16H2 That is something that we could consider. Keeping Ms. Strohm asked when we hand it over could we perhaps leave the sign under our control through contract conditions. Mr. Petty responded that is certainly a consideration for the Board. Ms. Strohm stated I am sure whomever owns it xvould want it more lit up and looking good. Mr. Gatti stated the bottom line is the reason we have control ~n float sign now is because it is on CID property. In that context, we own it and we have control over it. If a new operator comes in and puts the sign on his property, he will be subject to the County sign ordinance and we can voice our opinion. The bottom line is that is the County code that will determine what will happen. I am sure when the new operator comes in and he wants to put up an appropriate sign he v,411 probably do it on his own property and be dictated by the County codes. Let's let it ride for now. Mr. Stevenson stated the electricity for that sign comes fi'om the building and the building has been turned off. To get lights to that it costs us a few thousand dollars to get a meter put in and the electrical lines. A resident stated it occurred to mc with the fire ants and that can be the very reasonable price, but is there some way that we can get him to d~ the Homeowners property and mayhe it would he reasonable enough £~,r him Io do that. Mr. Stevenson stated you may want to address that with your HOA. Mr. Gatti stated if you will Mr. Stevenson tell him that some of the owners would be interested in having their individunl property done, but it would have to be a deal strictly between the Contractor and the individual. It could m,t go through the CID, but it could go through the HOA's. *Ir. Petty stated maybe Ms. Marchand could he the source fl~r pc~>i)le to contact for his name and number. Ms. Marchand stated sure. I am sure he would be happy to come up with a group rate. A resident stated that price seems very reasonable, but I wanted to make sure the price included material as well as labor. Mr. Petty stated yes it does. 7 February 18, 1999 16H2 ~ Port of the Islands C.D.D. Mr. Stiles stated I live over at Sunset Cay and I am new to the area. I was wondering if anybody had addressed the Y2K issue and the power interruptions. Do you take care of the wa~r systems? Mr. Petty responded yes we have addressed the Y2K issue. The design of the plant is not computerized. The design of the plant is switches and manual control. Even with that we are concerned about the power that comes to us. As you are probably aware, Y2K is looked at in three tiers; your facilities, your mission critical suppliers and their mission critical suppliers. As far as our operation is concerned we are very experienced on how to operate this plant under adverse conditions. We do have back up power supplies. As wc near that time level we will be more concerned about topping off our tanks for our back up power. We have operators who are always on call and during that periled of lime will on site. When it comes to our mission critical suppliers we h;~vc talked with a Ii,t of them and a lot of them have given us the standard response, "We think wc we hope we are, but I am not. telling you I am." Thirdly, you are looking at their suppliers and in general that is FPL, the telephone suppliers, Sprint and United Telephone. They are basically coming out with that same line. They are past their own facilities and they are on to their mission critical suppliers. All in all. from a utility standpoint you sit very well. We have looked at it from our administrative prospective as well. These are not mission critical items because if we do not get your water bill for a couple of months, I do not know if b'¢~u will all be put out, but we are looking into those items as well. Mr. Stiles asked bow long can you maintain this plant if y,u bad' a .serious interruption of electricity? Mr. Petty responded we could probably take care of it fl~r a minimum three days, possibly longer. There are three different facilities here, fire protection off the canal which has its own power supply and fuel deImt. There is the water and wastewater which are shared facilities which can be alternated at times and we have a mobile unit to fit our lift stations. The reason I say three days or more is if it is indeed as dark as a prospective as they tell us it may be what is going to happen is that we need to plan for how tong can we provide services here until people can get their things together and move some place where they can get to. It is very similar to hurricane preparedness. Two, three days, seven days. How long can we supply it until people can get to a major metropolitan area ',,,-here there may be services. We are in the Lee County Co-op which may not be as strong as FPL especially in a rural atmosphere such as what 8 February 18, 1999 Port of th~-Island; ciD.l). we are in so it basically our guideline of the company to supply fi~ciiities For a minimum of three days and through the ability to scale back, we can lower pressures so that you do not use as much water at home and knocking on your doors and tell you to try and conserve. Again, by scaling back our facilities, we can extend that somewhat. If there is a major outage on Y2K, we are going to have to get you to a metropolitan area probably anyway. Mr. Stiles asked have you talked to Lee Count)' that provides thc power here? Mr. Petty responded I have talked to Lee County and t, bcy have sent mc their su~'ey as well. Mr. Gatti stated as part of our future consideration as ~hc c,rn~nttnitv Met.s a little bit built up and we bare more resources to work with. we will pr.vi(ting generators and that was ,:alled for in the original plans and specificati,ns, but because of a cut back in costs we t,ok the generators {~ut but we will t~e pettifog those back in sometime in the future and then we can braid (,ut a lot better. A resident stated but that is way in the future. Mr. Gatti staled not necessarily. If things keep goin,~ thc w:~v they ~.rc. it Won't be that long. A resident stated Port of the Islands accessed value last year was $20 million and this year it was $32 million so we have jumped up S12 milli~n in one year. A resident asked what does that figure represent? A resident responded the assessable property in Port ot' the Islands. A resident asked is the hotel still pa55ng for its waLer usage? Mr. Gatti responded let me answer this a little differently. Are they paying? They are being billed. A resident asked has any money come in? Mr. Petty responded the last time we discussed this they were lale ~,n their pay~nents. I have not heard that they bare made up all their late payments, but as true bureaucrats we })ill them and accm:nting says that the re.ney is ll~c,'c and it sits there until somebody does pay and they do not get a dr, p ,f water t~ntil they do. Mr. Gatti stated we are covered there and I am not nearly as uncomfortable Mth the hotel as I am some of the other properties because somewhere along the line somebody is going to want some water there and when they do they are going to have to pay it. g February18,1999 1 6H 2 Portofthel',~lands(:.[).I). A resident asked when you come in on the hotel side where it looks like there is a construction entrance there, the first thing anyone sees is the mud hole v,4. th the water. Could the Developer put some gravel in there so it looks at least presentable when you dave in? On the left side, you turn into the hotel. On the fight side, you turn into what was the construction road that they took d,~wn and that has been sitting there that way forever. Itjustgivesaverybadimprcssion. Mr. Gatti stated that is good news and bad news. The bad new is that it on side, the good news is that I would rather see them use that side, than roadways. A resident stated the mud hole is getting bigger and there is ware,' sittin~ i,, there now and it has not rained in months. They should dump some ~ravcl there to make it look presentable. Mr. Gatti stated maybe you can ~et some ~f his guys t, take a I.,k at i~. A resident asked there is a lot where there are some old pilings ;~,~rt pieces from the marina that were pulled out and iris just left th~rc I~ r~,t. Ix that CID property or County property? Mr Gatti responded it is not a CID problem, but I will tell you h,w t~, resolve it. Call Code Enforcement at the County and they will come r~ut and h~v~, them clean it up. SEVEN-iII ORD 'FA'I OF BUSINES~ Approv,'tl of Invoict~q 1] On MOTION by..Ms.. Strohm ~seconded b'5 Mr. Gilles, pi [[with all in favor Invoices for the General Fund datedll I~February 10, ,1999 in the amount of S20,658.19 an,il} Illnvoices for the Water & Sewer Fund dated February 1() 111999 in the amount ofS12.270.42 were approved. ' ' EIGttTt! ORDER OF BUSEN*I,2..qS Adjournment The meeting adjourned at 4:50 p.m. hrennan Gillespie Assistant Secretary I{i }:h a'i'f'd (:atti Chairman 10 AGENDA PORT OF THE ISLANI)S COM/~UNITY IbIPROVENfENT DISTRICT Thursday February 18, 1999 4:00 P.M. 1. Roll Call RV Recreation Hall 12425 Union Road Naples, Florida o Approval of the Minutes of the January 21, 1999 5Ieetin~4 Discussion of Median Landscaping 4. Discussion of Fire Ant Control 5. Staff Reports A. Attorney B. Engineer C. Manager 6. Supervisor's Requests and Audience Comments 7. Approval of Invoices 8. Adjournment NOTE TO AIJj ME~G A~ITENDEES: Please identify yom-self each time you speak to facilitate trm~.~ription of meeting minutes. Thank you for your assist,-mce. Naples Daily News Raples, FL 34102 Affidavit of Publication Naples Daily News OF THE ISLAHDS IODO0 N~ 11TH IIANOR SPRINGS FI. 33071 ERENCE: 010948 57825878 Notice Of Meeting Po of Florida of Collier )elate the undersigned authority, personaL(y B. Lamb, who on oat~ says that she !the Assistant Corporate Secretary of th~ haples News, a daily newspaper published at Naples, ier County, Florida: that the attached of Advertising was published in said ~spaper on dates listed. ~ffiant further says th;t the said Naples D~iLy t~ 8 newspaper published at Naples, in said .tier County, Florida, and that the said ~paper has heretofore been continuously ~lfshed in sa~d Collier County, Florida, each ~and has been entered as second class ~ail at the post office in Naples, in said tier County, Florida, for a period of 1 year preceding the first publication of the copy of advmrtisement; and affiant ~her says that she has neither paid nor ~ised any person, firm or coporation any rebate, commission or refund for the of securing this advertisement for tcation in the said newspaper. o~: 02/11 ACE: 64.000 INCH 0 ON: to and Subscribed b fore me this ~ day cf Lty known by me _ . tk71~ce Of Me~lr~ Peet of the IsJc~ts Community Improve. m~ Dl~lct ~e ~d ~ 5u~e~l- Iond$ CommunlIv Imorovemenf Dlsfr~cf w(U ~ld ~elr r~ut~ me~ng ~ 4:~ Thur~y F¢~¢ tiaa Holm, 12425 Union ~e public Ond will CO~uOed In FI~IUO Low f~ Comau. nl~ Devel~ment Dis. ~1~. tact ~e OIs~lO Office 543 7534380 ~ ~ ~e preenings and I~fudlng ~e te~imonv ~ch ~D~l Is to FeD. I1 NO. 1348269 16H2 12~93 E Tamlam~ Trail, S',J~te ~t111 Naples, FL 34113 Phone (941) 649-~.:_.~.7 FAX (941) 417-AGO1 Fcb~uary19.1999 Page of 2. L'r.~.uzul ,'M2atilied W;_ I'urt .l'lh¢ Islands Community h'aprov. DisTrict A l'lN: 'rim Stevens 10300 N.W. l lth Manor ('oral Springs. Fl. 33071 Phone (954) 385-2000 Fax (954) 753-8784 c~lx_'tformatmn: ['(.)I, Communit', Improvement 250L)0 E. Tamiami Trail .Naples. FL 3411-1 DE.SCRI PTI().N: Porlion ol'gras*, bct',veen Marina and cad of Newport Drl,.e.: Spray 'aith Round-up Suppl) and install approximatel?' 21.035 sq. fi. Floratarn Sod r~ .25 per sq. fi..Actual cost to be detemfincd on amotm: installed. 200.00 55,258.75 CONTtCkCT TOTAt.: 55,458.75 }'irc thousand tour hundred fif;ty eight and 75/100's Terms: balance due upon completion. 1~93 E Tam,am, Trail, Su,te Naples, FL 34113 Phone (941) 64cj-/.547 F/-9( (941) z17.1601 Cypress Landscape Maintenance Co., Inc. ~l Ih~ ~¢~ ~. b~.cJ ~r,)n al', ~3~v~ ~cm~ p:,l~,rn,c~ ~u~,~'~ r~jl3t ~,o~r~ ~ ,~,,'~ An} 3d~ ~,~n31 c~l mCu~d l~r,~',.Jmi, .SL;BMII"I ED BY: BIG CYPRESS LANDSCAPE ,'viAl.'< FEN,',NCE CO.. INC. APPROVED BY: PORT OF THE ISLANDS COMMU~qlTY IMPR,OVMENT DISTRICT [Jig Cypress Landscape Maintenance Co., Inc. 1~-'~593 E Tamiami Trail, Suite #111 Naples, Fl. 3d113 1 6H2 Phone ~1) 649.4547 F~ ~41)417.1C01 Februa~'19, 1999 Page l of 2. Pot1 of'IN: Islands Community Improv. ATTN: Tim Stevens 10300 N.W, I l[h M~or Coral Springs. FL 33071 Phone (954) 385-2000 Fax (954) 753-8784 SSIZ. informWd~:. POI/Community Improvement Disl. 25000 £, Tamiami Trail Naples, FL 341t,1 DESCRIP'I"ION: Portion of grass bet,xeen US 41 and Marina: Spray with Round-up Supply and install approximately' 15,025 sq. 3. Floratam Sod tb~ .25 per sq. fl. Actual cost to be detcrmined on amounl installed. S 150.00 53,756.25 CONTRACT TOTAL: S3,906.25 Three thousand nine hund,'ed six and 25/100's 'l"erms: balance due upon completion. []{g Cvpre~s Lamdscape Maintenance Co., Inc. ~2593 E Tam,ami Trail, SuJle ~'lll Napt~s. FL 3.4113 Phone (9.41) 649-4547 FAX k341) 4t7.1001 16H2 t.'t)ND{ l Il)N% Of' I:ROI't)'~ 1 1 I./~ Jo'~n ~dh h31,.nc.- duc' u,m,n compi.";lcn. 2l Llp~m ~pl~t~n ur t~ h~ pe~d b) th[' [cnrh 110:h) uf~h¢ I~ll0~ ;r,~ mcnlh fl) Ih~ IJt,)~' ~l[~akc n~, d:n~nd Fur IicmJ31~J SIjBM 11"1 LD BY: fllo CYPREss LANDSCAPE MAINTENANC£ CO., INC.( Thom; ...,immons. Pr:sident ~._~ "xx APPROVED BY: PORT OF THE ISLANDS COMMUNITY IMPROVEMENT OlSTR~ I I Clewiston, FL orate .(941) 983-5950 ~..(941) 983-8545 ~e Treatme~ ~feement ~ plus ~ percOlt for I:oada, flitch b~, pump stations, li;4n.g areas and work a-cas}. Trcat:,ng importer ~ help ma~ conh'ol of the entire site " ' ~11 to Wall rmm~nt for ~ s~df~d aa'e~ above. Also, ~h~ bait ur,~d may A~ceptsnce of Agreement: [ uudcrs',and ~h¢ abo':c prices and work to be done. Pa)Tncnt i_s duc uI;on complction o,~T-N-~s Signature: /~, . . 57 16~2 ~0~ ~~< 0 Z <: Z o 0 o o o ~, § ~ o o 0 o o o § lilt-- - 1111111111 0 0 0 16H2 W C:) 0 16H2 ° ° 2 o o 16H2 u.'~' 16H2 0 TO: MEMORANDUM FROM: ,.. z I?! DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department April 29, 1999 Miscellaneous Correspondence - BCC Agenda Misc. Correspondence Agenda Date Agenda Item # t61-12 Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. ,Key Marco Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Key Marco Community D:,w.I,..,pment,:" ""' , District has submitted the following: (a) (b) (c) (d) (e) Thank you General Purpose Financial Statements September 30, 1998 Local government Annual Financial Repod Management Letter Management Letter Comments Description of Outstanding Bonds :~speciar'sPec~al April 23, 1999 Clerk of the Circuit Court Finance Department 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 16 2 Attention: Mr. Timothy J. Gillett Clerk of the Circuit Court Subject: Key Marco Cornmunity Development District Fiscal Year 1998 Annual Financial Report of Units of Local Government Dear Mr. Brock: Pursuant to Florida Statues, Section 218.32(1 )(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 1998. 2. Local Government Annual Financial Report. 3. Management Letter, and Management Letter comments. If you have any questions or require any additional information, please contact me. Yours sincerely, KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Financial Services RGWAds Enclosures "RECEi'v'EL) KEY NIARCO CONiNIUNITY DEVELOPMENT DISTRICT GENERAL-PURPOSE FINANCIAL STATEblENTS AS OF AND FOR TItE YEAR ENDED SEPTE.~IBER 30, 1998 ! 6H2 '7, TABLE OF CONTENTS INDEPENDENT AUDITORS' REPORT 1-2 GENERAL-PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All Governmental Fund Types and Account Groups Combined Statement of Revenues. Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues. Expendin,res and Changes in Fund P, alanccs - Budget and Actual - General .'md Debt Service Fund Notes to General-Purpose Financial Statements SUPPLEMENTARY INFORMATION Report on Schedule of Special Assessments Levied for Debt Service Schedule of Special Assessments Levied fbr Debt Sen'ice GOVERNMENT AUDITING STANDARDS Independent Auditors' Report on Compliance and on Internal Control Ba.scd Over Financial Reporting on an Audit of General-Purpose Financial Statements Performed in Accordance with Gor'ernment Auditin,g ,q'ttmdard.¥ MANAGEMENT LETTER RESPONSE TO MANAGEMENT LETTER 13 14 15- 16 17- lb; 16H2 INDEPENDENT AUDITORS' REPORT I:):. The Board of Supervisors Ii Key Marco Community Development District :.~ Collier County, Florida We have audited the accompanying general-purpose financial statements of Key Marco Community Development District, as of and for the year ended September 30. 1998. These general-purpose financial statements are the responsibility of the Kev Marco Community Development '. ' ' · . Dtstrlct s management. Our responsibility is to express an opinion on these general-purpose finas~cial statements based on our audit. Except as discussed in the following paragraph, we conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assum..nce about whether the tinancial statements are tree of material misstatement. ,,\n audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Governmental Accounting Standards Board Technical Bulletin 98-1, Disclosures About }'ear 2000 Issues, requires disclosure of certain matters regarding the Year 2000 issue. 'Dm District hns included such disclosures in Note 8. Because of the unprecedented nature of the Year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until thc year 2000 and thereafter. Accordingly, insufficient audit evidence exists to support the District's disclosures with respect to the Year 2000 issue made in Note 8. Further, we do not provide assurance that the District is or will be Year 2000 ready, that the District's Year 2000 remediation efforts w/Il be successful in whole or in part, or that parties w/th which the District does business will be Year2000 ready. In our opinion, except for the effects of such adjustments, if any, as might have been determined to be necessary had we been able to examine evidence regarding Year 2000 disclosures, the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of the District as of September 30, 1998, and the results of its operations for the .','ear then ended in conformity with generally accepted accounting principles. As explained in Note 2 to the general-purpose financial statements, in 1998, the District changed its method of reporting investments. , ! In the current year. 83 of the 134 special assessments levied were not paid by the respective property owner. These 83 assessments were collected pursuant to Florida Statute Section 1~ "'" )7.4.2_ Sale q/Tax Certificates for Unpaid Taxes. There can be no assurance that Tax Ccrtiticatcs will be sold in thc future if subsequent year's special assessments are not paid bv the respective property owner. Sec also) Note 5. ' - In accordance with Government ,4uditing ,5'tandard& we have also issued our report dated January 15. 1999, on our consideration of Key' Marco Community Development District's internal control over financial reporting and our tests of its compliance with certain provisions, laws. reuulations and contracts. ~ Schultz, Chaipel & Co., L.L.P. January 15, 1999 16H2 KEY NLARCO COMNID~qlTY DEVELOPI%[ENT DISTRICT COMBINED BALANCE SHEET - ALL GOVERNMENTAL FUND TYPES AND ACCOUNT GROUPS September 30, 1998 Assets and other debits Cash Due from other governments Due from other funds Special assessments receivable (Note 3) Accrued interest receivable Investments (Note 2) Other assets Property (Note 4) Amount available in debt service Amount to be provided for retirement of general long-term debt Total assets Liabilities, equity and other credits Liabilities Accounts payable Due to other funds Deferred revenue Bonds payable (Note 5) Total liabilities Equity and other credits Investment in general fixed assets Fund balances Reserved for debt service Unreserved, undesignated Total equity and other credits Total liabilities, equity and other credits 16fl2 The accompanying notes are an integral part of these financial statements Governmental Fund Types Debt General Service $ 3.672 $ 4 S8 I0,1 (>7 4.,_71 I ! 50O I I 49.901 S 1,932 1,932 47,969 47,969 49,901 1,881.701 38,790 3.0,12.229 4,972,887 $ 22,467 45,271 11,881,701 11,949,439 3,023,448 3,023,448 14,972.887 I I ! ! I I I I I I I I I Account Groups General Fixed Assets General Long-Term Debt 16112 Totals (Memorandum Only) 1998 1997 0,650,461 3.023.448 9,58 "~ $ 3.672 $ 14.497 10.625 ,15.271 22.757 11.881.701 12.902.683 38.790 34.173 3.042.229 2.827.661 5OO 5O0 10.650.461 10.650.461 3,023,448 2,816,563 9.581.552 10.723.437 $ 10,650,461 S 12,605,000 S 38,278,249 $ 39 99273~ $ 24,399 $ 25,150 45,271 22,757 - 11,881,701 12,902,683 12,605,000 12,605,000 13,540,000 12.605.000 24.556.371 26.490.590 I0.650.461 10.650.461 10.650.461 3.023.448 2.816.563 47.969 35.118 10.650.461 13.721.878 13.502.142 $ 10,650,461 $ 12,605,000 $ 38,278,249 $ 39.992.732 16H2 KEY MARCO COMMUNITY DEVELOPMENT DISTKICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES For the Year Ended September 30, 1998 Governmental Fund Types Debt General Ser~'ice Revenues Special assessments S 67,781 S 2,190,836 Interest income 747 158,472 Miscellaneous 4, 816 Total revenues '~- - ,.~,.~44 2,349,308 Expenditures Current General government Operating expenditures Debt service Principal retirement Interest Other fees and charges Total expenditures Excess revenues over expenditures 60.49.3 60,493 Totals (,Xlemorandum Only) 1998 1997 2.258,617 S 1,912,028 159.21o 11%75') 4.816 132 2,422,652 2,032.8t9 60,4:)3 59.403 935,000 935,000 415.000 1,155,060 1,155,060 1,204.628 52,363 52,363 31,720 2.142,423 2,202,916 1,710.75 12,851 206,885 -,19,7o6 0....068 Fund balances, October 1, 1997 Fund balances, September 30, 1998 35,118 2,816,563 $ 47,969 $ 3.023,448 2,851,681 ..2,529,613 3,071,417 $ 2,851,681 The accompanying notes are an integral part of these financial statements KEY MARCO COMMUNITY DEVELOPMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - GENERAL AND DEBT SERVICE FUND For the Year Ended September 30, 1998 Revenues Special assessments Interest income Miscellaneous Total revenues Expenditures Current General government Operating expenditures Debts service Principal retirement Interest Other fees and charges Total expenditures Excess revenues over expenditures Genera[ Fund Budget Actual $ 82.468 Variance Favorable (Unfavorable) 67.781 S (I.1.687} 747 747 4.816 4 816 82.468 73.344 ~9.124~ 32.468 60.493 21.975 82.468 60.493 21.975 12.851 12.851 Dchl 5;er',icc F:LJnd P, udgct :\ctual Favorable 1.288.t, 87 $ 2.1')0..'q3~, $ '~ I(1 .... 0 1 qR. 172 55.752 200,1 '1() 12( 0 0 II I. 501.4 )7 2,34,L3o,'q '7572)oi 335.0o0 935.0(,}0 86.75 I 52.363 34. 1.591.4{}7 2.142..123 {55 2 )6 885 2 )6 885 Fund balances, October !, 1997 Fund b~lances, S~ptember 30, 1998 35,118 35,118 $ - S 47.969 $ 47,969 S 2.816,563 2.816.56~ S 3.023.448 $ 3.023.4.18 The accompanying notes are an integral part of these financial statements 5 16H2 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCI/\L STATEMENTS September 30. 1998 NOTE I - SUMMARY OF SIGNIFICANT ACCOU'NTING POI. ICIES The Key Mm'co Community Development District (the "District",~ was established June30. 1992 by the Collier Count.,,' Bom'd of County Commissioners pt~rsuant lo Ordinance Number 92-45 and the provisions of Chapt,Jr 190. Florida Statt.'tcs. l'hc District was established to provide for the ownership, operation and maintcnancc of certain community-wide infrastruclurc. The accounting policies of Key Marc,, Community Devek~pment District conform with uencrailv accepted accountinu prim:iplcs (GAAP) as applicable to governments. Key Marco Developments. a Florida ',z'cncral partnership, is thc prcscm Illai(3r lamt,}x~ncr in the District. ~ · The accounting policies of Key Marco Community lOcvclopment District ctmlbrm ~ilh generally accepted accounting principles (G,,\/\P) a~ npplicable to governments. Governmental Accounting Standard Board Number la. "Financial Rcpt~rting Emit.,," (GASB 14) requires the financial statements of thc District (thc primary go~,crnmcnt) include its component units, if any. A component unit is a le~aIlv sermrate ormmizatitm for which the elected officials o1: the primary government ar'-e tSnanbiallv Based on the criteria established in GASB 14. there arc no potential coS~po,w~t trails required to be included in the District's general-purpose financial .statements The following is a summary of the more significant policies: Scope of the District The criteria used in determining thc scope of the entity lbr financial reporting purpt,scs is that of management oversight bv the District's Board of Supervisors. All such activities are included in the following £unds: Governmental Fund Types General Fund The General Fund is established to account for all tinancial transactions not properly accounted for in another fund. Debt Service Fund The Debt Service Fund is used to account for the accumttlation of rcst,urces for. and payment ol: general long-term debt principal and interest and related costs. NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS 2 September 30, 1998 , 1614 NOTEI- SUblMARY OF SIGNIFICANT ACCOUNTiNG POLICIES(Continued) Account Groups General Fixed Assets and General Long-Term Debt The general fixed assets and general long-term debt sell-balancing groups or' accoums are used solely to account for the long-tem~ assets and liabilities that arc not properly' accounted for in Governmental Funds. In Governmental Funds. purchases and sales of long-term assets are recorded as expenditures and revenues. Payments of Iong-tcm~ debt principal are recorded as expenditures in Governmental Funds. These two account groups are not "funds". They are concerned only with thc measurement of financial position. They are not invol¥:ed with measurement of rest, Its of operations. Measurement Focus The General and Debt Service Funds are accounted for on a "spending" or "financial flow" measurement/bcus. This means that only current assets and current liabilities arc generally included on the balance sheet. Accordingly, the reported undesignated fund balances (net current assets) are considered a measure of available. Sl3¢ndable or appropriable resources. Governmental Fund Type operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Basis of Accounting The Governmental Funds arc accounted for usine thc modified accrual basis of accounting. Revenues are recognized when the',' become measurable and available for use. Expenditures are generally recognized when the liability is incurred. Budgets On August 19, 1997, the District adopted the operating budgets for the General and [)cbt Service Funds. These budgets are adopted on a basis consistent with generally accepted accounting principles. Unexpended balances expire at year-end. Expenditures may not legally exceed budgeted appropriations at the activity level. The District monitors expenditures-to-date on a monthly basis to avoid exceeding thc budget, but does not use formal encumbrance accounting. KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMFNTS September 30, ! 998 NOTE I - 161-12 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Fixed Assets All property including infrastructure assets are recorded at cost. No depreciation has been provided on general fixed assets. Investments Investments are reported at fair value which is determined by using quoted market prices. Totals (Memorandum Only) Column The totals columns on the combined statements arc captioned "Memorandum Only" to indicate that the5' are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or' changes in financial position in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. [nterfund eliminations have not bccn rt~adc ill thc aggregation of this data. Comparative Data Comparative total data for the prior year have been presented in the accompanying general-purpose financial statements in order to provide an understanding of changes in the District's financial position and operations. However, comparative data have not been presented in all statements because their inclusion would make certain statements unttulv complex and difficult to understand. NOTE 2 - CASH AND INVESTMENTS Florida Statutes provide that each special district may deposit its public fimds in thc Florida State Board of Administration Local Government Investment Pool or in banks and savings associations that participate in thc Florida Muhipl¢ Financial Institution Collateral Pool. All such deposits are classiEed as fully insured. Florida Statutes also provide that special districts rna,,,' invest in securities li~itcd to ohligati(ms of thc U.,";. Govermnent, Mortgage Backed Securities guaranteed by the U.S. Government and in mutual funds that invest in only the aforementioned securities. The bond resolution provides similar limitations on authorized investment securities. All deposits and investments during and at the end of the year were in compliance with statutes and thc bond resolution. KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30. 1998 NOTE 2 - CASH AND INVEST,MENTS (Continued) 1 6H 2 At September 30. 1998. thc carrying amount of the District's deposits was 53.672 ,md thc bank balance was $13.600. These deposits were entirely, covered by federal dcpositor.x insurance or by collateral pursuant to the Florida Security for ['ublic I)eposits .,\el (Florida Statutes Chapter 280). The District has implemented GASB Statement Number 31. ,,tcc~uortin.g wut Reporting for Certain lm'estments and Jbr £rlernol hn'e.¥tmem l%t~l.v, tinder this statement, the District has elected to show all investments nl fair value. All fair valuations are based on quoted market prices. The net effect of adopting Statement Number 31 was immaterial to the tinancial statements. Thc following is a schedule of the District's investments at September F, vcrgrccn Select 100% Treasury Money Market Fund. CLI, FI') a471 United States Treasury Bill t.. 66.08_ I ~475,847~ NOTE 3 - SPECIAL ASSESSMENTS Current Year Levy On August 19. 1997. the Board adopted Resolution 97-5 levying non-Ad Valorem Special Assessments for the purpose of meeting thc debt service and opcratitm maintenance requirements of thc District tbr fiscal 1998. Thc amount levied $1,288,687 for debt sen'ice and $82.468 for operations and maintenance. Special Assessment Outstanding Special assessments receivable, beginning of year Principal component of current year debt service levv Prepayments $12,9()2,683 Special assessments receivable, end of year KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAl. STATEMENTS September :30, 1998 NOTE4- PROPERTY 16 2 Property in the general fixed assets account group consists of infrastructure assets (roadways, bridges, water management and street lighting) and water, sewer and irrigation facilities. NOTES- BONDS PAYABLE On December 23, 1992, the District issued Special Assessment Revenue Bonds, Series 1992 in the amount of $14,460,000 dated December 29, 1992, and bearing 8.75% interesl. The District levies special assessments pursuant to Section 190.022 of the Florida Statutes and the assessment rolls are approved by resolutions of the District Board. Thc collections are to be strictly accounted For and applied to the debt service or' thc bond series for which they were levied. The District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the bonds. However, payment of principal and interest on the bonds is dependent on the moncv available in the Debt Service Accounts and the District's ability to collect special assessments levied. Of the amounts levied during the year ended September 30, 1998, $1,052,476 was received from the Tax Certificate Sale for delinquent special assessments. At the time of the Tax Certificates Sale, special assessments on 83 lots were delinquent. Thc non- payment of the District's special assessments for debt service associated with the District's Series 1992 Bonds along with the non-payment of the operations and maintenance assessment may create a significant loss contingency which is estimated as fbllows: Debt Service Bond principal outstanding allocable to the 83 lots $7,807,575 Operations/maintenance Current year assessments allocable to the 83 lots $. 41,984 The bonds are subject to mandatory redemption at par on a schedule of annual redemptions beginning December I, 1995, through maturity December 1, 2013. ]'he District is required to redeem the bonds at par prior to scheduled maturity from the proceeds of any assessments prepaid in full or monies received as a result of condemnation or destruction of the project. The bonds are subject to redemption at the option of the District at par on or after December 1, 2008, or at a premium between December 1, 2002 and November 30. 2008. 10 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30, 1998 NOTE 5- BONDS PAYABLE (Continued) Interest is payable on thc first day of each June and December and commenced Jtme I 1993. ' ' A summary, of changes in Bonds payable during the .'.'ear folloxvs: Bonds payable at October 1. 1997 Principal retired Bonds payable at September 30. 1998 $13.540.000 935,000 The £ollowing is a schedule of debt service requirements for the next live years an,t thereafter: - - Se~lember30, Principal Interest l'otal 1999 $ 350,000 S 1.087.625 $ 1.437,625 2000 380,000 1.055.688 1.435.688 2001 410,000 1.021,125 1.431.125 2002 450,000 983,500 1.433.500 2003 485,000 942.593 1.427.5o3 Therea~er 10.530.000 6.317.938 !6,~37,938 $12.605.000 $11,408,469 524.01~ t od.6; NOTE6- DEBT SERVICE RESEP, VE The Indenture provides for a Debt Se~'ice Reserve Fund which shall be held bv thc Trustee separate and apart from all other funds. The Debt Service Reserve Fund requirement is the lesser of: (a) the maximum principal and interest rcquircmcnts in the current or any future bond year: or (b) the maximum amount nllowcd under thc Internal Revenue Service Code. which is ten percent (10%) of the bond proceeds. The following is a schedule of reserve requirement and balance in thc reserve account at September 30. 1998: Special Assessment Revenue Bond, Series 1992 Reserve Reserve Requirement Balance $1.475.847 $1.475.847 The remaining fund balance is reserved for the payment of principal and interest. I1 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL-PURPOSE FINANCIAL STATEMENTS September 30. 1998 NOTE 7- EXPENDITURES IN EXCESS OF APF'ROI~'RIATIONS The Debt Service Fund reported total expenditures in excess of appropriations. 'Iris resulted from additional principal payments being made during thc year. Thc Resolution calls for thc payment of bond principal upon thc receipt o~' prepaid assessments. NOTE 8 - YEAR 2000 DISCLOSURES District management has addressed the Year 2000 issues relating to its computer systems and other electronic equipment. The Year 2000 issue ret'ers tt:, thc fact that many computer programs usc only the last tv,'o digits to refer to a year. 'l'hercforc, both and 2000 would be referred to as "00." Computer programs have to be ad. justed recognize the difference betv,'een those t,.vo ','ears or thc programs mav fifil {)r create errors. Also. some programs may not be aglc to recognize that 200()'is a leap Further. the Year 2000 issue coulci affect electronic equipment - such as cnvironmcntaI systems, elevators, and vehicles - containing computer chips that have features. During the I998 fiscal year. District management addressed thc Year 2000 issue. [)istrict management identified the computer systems that are mission-critical (that is critical conducting operations) and that need to be Year 2000 compliant. District managcmcnt also utilized the following stages as outlined in GASB technical bulletin 98-I' · Awareness stage - establishing a plan for dealing with the Year 2000 issues. · Assessment stage - identifying the systems and components for which Year compliance work is needed. · Remediation stage - making changes to systems and equipment. · Validation/testing stage - validating and testing the changes that wcrc made during thc remediation stage. The District has completed all the stages discussed above and believes that its mission critical systems are Year 2000 compliant. .Als(). the District did not spend signilicant resources to make its computer s,.'stems and other electronic etluipmcnt Year 2000 compliant. Because of the unprecedented nature o1' thc Year 2000 isstie, the success of rcmcdiation efforts by District management will not be tull,,,' determinable until after the Year 2000. Management cannot assure that thc District is Year 2000 ready or remcdiation efforts have been successful in whole or in part. 12 16~2 SUPPLEMENTARY INFORMATION 16H2 SCHULTZ REPORT ON SCHEDULE OF SPECIAL ASSESSMENTS LEVIED FOR DEBT SERVICE Board of Supervisors Key Marco Community. Development District Collier County, Florida Our report on our audit of the general-purpose financial statements of Key Marco Community Development District for thc year ended September 30. 1998. appears on page 1. That at,dit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a wEt)lc. The Schedule of Special Assessments Levied for Debt Ser¥ice is presented for thc purpose of additional analysis and is not a required part of the general-purpose financial statements and. in our opinion, is fairly stated in all material respects in relation to the general-purpose financial statements taken as a whole. Schultz, ChaipeI & Co., L.L.P. January 15, 1999 ~ll:~'q Ft)k CI':\ }-IRM~- ~,I(R~. 13 ~Y M.~d~¢O ¢O~bgq~TY D£V£LO?MEHT DII $CH£DULE OF $?£C~^L ^SSESSME~T$ L£V~£D ~0~ DHB9' SE~¥ICE For the Year Ended September 30, 1998 Special Assessments levied for debt service Add: Amounts prepaid by lot owners Less: Amounts collected during the 3'ear ended September 30, 1998. including prepayments Special Assessments receivable at Seplember 30, 1998 1.288.687 685.982 Of the amounts collected during the 3'car ended September 30. 1998, $1,0. ~.476 was received from the Tax Certificate Sale for delinquent special assessments. At the time of thc Tax Certificate Sale. special assessments on 83 lots were delinquent. 14 16H2 ScI-tUHI'Z CHAIPEL INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL-PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITII GO VERNMEN T AUDI TING S TA NDA R DS To the Board of Supervisors Key Marco Community Development District Collier County, Florida We have audited the general-purpose linancial statements of Kev Marco Community Development District (the "District") as of and for the year ended September 30, 1998. and have issued our report thereon dated January 15, 1999. which was qualified because insufficient audit evidence exists Io support the District's disclosures with respect to the Ye,'tr 2000 issue. Except as discussed in the preceding sentence, we conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Stamk~rds, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the District's general-purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions ,,vas not an objective of' our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that arc required to be reported under Government ,.t uditing Standards. I-OR t'PA FIRM~,, .\V' i!~ 15 Internal Control Over Financial Reporting 16H2 In planning and performing our audit, we considered the District's internal contrtd ox'ct tinancial reporting in order to determine our auditing procedures for thc purpose of expressing our opinion the general-purpose financial statements and not to provide assurance on the internal ct)ntrol over financial reporting. Our consideration of tim internal control over financial reporting ~¥ould necessarily disclose all matters in the internal control over financial reporting that mighl bc material weaknesses. A material weakness is a condition in which the design or operation ot'onc or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements amounts that would be material in relation to the financial statements being audited mav occur and not be detected within a timely period by employees in the normal course oF pcrfimnin~ their assigned functions. We noted no matters involving thc internal control over linancial reporting and its that we consider to be material weaknesses. This report is intended solely for the information and usc of the Board and m',m',mcmcnt t,t' thc l)istric~ and the Auditor General of the State of Florida and is not intended to bc and s'[muld m~t be usctl by anyone other than these specified parties. Schultz. Cfiaipel & Co.. [..L.P. Januaq,' 15, 1999 16 MANAGEMENT I.ETTER SCHU LTZ CH PEL Honorable Board of Directors Key Marco Community' Development District Collier County, Florida We have audited the general-purpose financial statements of the Key Marco Community l)cvclopmcnt District (the "District"), whose headquarters are located in Coral Springs. Florida. as of and for thc fiscal ,,,'ear ended September 30. 1998 and have issued our report thereon dated .hmuarv 15. 1999. We have issued our Independent Auditors' Report On Internal Control Structure and our Independent Auditors' Report On Compliance With I,aws and Regulations both dated Januap: 15. 1999. Disclosures in those repons, if any, should be considered in conjunction with this management letter. We conducted our audit in accordance with generally accepted auditing standards, and (;,vernment Auditing Standards issued by the Comptroller General of the United States Additionally. our audit was conducted in accordance with provisions of Chapter 10.550. Rules of the Auditor General, which govern the conduct of local governmental entity' audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General (Section 10,554(1 )(e)l.) require that we commcnl as t, whcthcr or not irregularities reported in the preceding annual financial audit report have been corrected. There were no irregularities disclosed in the preceding annual report. The Rules of the Auditor General (Section 10.554(1)(e)2.) require that we comment as to whether or not recommendations made in the preceding annual financial audit report have been fi)llowed. There were no recommendations made in the preceding annual financial audit report. I I As required by the Rules of the Auditor General (Section 10.554(1)(c)3.), thc scope of our audit included a review of the provisions of Section 218.503(I), Florida Statutes, "Determination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us to believe that the Key Marco Community Development District is in a state of financial emergency as a consequence ofthe conditions described in Section 218.503( l ). Florida Statutes. 17 As required b.v the Rules oF the Auditor General (Section 10.554(Ii(e)4.). we determined that thc annual financial report of the Kev Marco Community Development District for thc fiscal year ended September .30, 1998. ,,,,'as filed with the Department o£ Banking Finance pursuant to Section 218.32. Florida Statutes. and is in agreement with the annual financial audit report for thc fiscal year ended September 30. 1998. The Rules of Auditor General (Sections I0.554(1){e)6.,7.,8.,9.) require disclosure in tile management letter of the following matters if not already addressed in the auditors' reports on the internal control structure or compliance: recommendations to improve financial management, accounting procedures. and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or'may no't materially al:Feet the financial statements: improper or inadequate accounting procedures (e.g.. the omission of required disclosures from the financial statements): failures to properly record financial transactions: and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed no matters required to be disclosed bv Rules nfAuditor General (Sec'tions 10.554 (I)(cj6.,7..8..9./. The Rules of the Auditor General (Section 10.554(1)(e)10.) also require that the name or official t~tle and legal authority, for the primary, government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the gcncral-purp, sc financial statements. The Key Marco Community Development District was established bv the Collier Count,. Board of County Commissioners pursuant to Ordinm~ce Number 92-45 and the provisions t~I' (_'hapt~Jr 190. Florida Statutes. PRIOR YEAR COMMENTS TIIAT CONTINUE TO APPLY: None CURRENT YEAR COMMENTS: None This report is intended solely for the information and usc or'thc Board and. management of thc District and the Auditor General of the State o[' Florida and is not intended to be and should not bc used by anyone other than these specified panics. Schultz, Chaipet & Co., L.L.P. January 15, 1999 KEY MAR CO COMMUNITY DE VEL OPMENT DIS TRIC T 10300 N. I4/. llTH MANOR CORAL SPRINGS, FLORIDA 33071 March 10, 1999 Schultz, Chaipel & Co., L.L.P. 12660 World Plaza Lane Fort Myers, Florida 33907 Dear Sir: Pursuant to the Rules of the Auditor General Section 10.557(1), this letter serves as our written statement o f explanation. I am pleased that you have reported no findings in your report dated January. i 5. 1999 on Compliance and on Internal Control and that you reported no management letter comments in the current or prior year management letters. I look forward to working with your firm in the future. Sincerely, KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Jar es P. Ward Assistant District Manager J'PW/gb 19 John C. Norris Dish, ct 1 James D. Carter. Ph.D. DisMct 2 Timothy J. C,o~stanfine Distdct 3 Pamela S. Macl~Je District 4 Barbara B. Berry District 5 3,301 Easl T::,mi~rni Trail · Nsples. Florid~ 34112-4977 (941) 774-8097 * Fax {941) 774.3602 May 11, 1999 SCAAP 99 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW Washington, DC 20531 Re: Designated Official For SCAAP application ~e~ntlemen: 1611 Pursuant to the Bureau of Justice Assistance (BJA) SCAAP compliance requirement, as the Chairwoman of the Collier County Board of Commissioners, approve and designate Don Hunter, Sheriff, Collier County, Florida, or any future holder of this office as the signing official for application for State Criminal Alien Assistance Program (SCAAP) funding. si y, /× ~mela S. Mac'Kie, Cha' o a Collier County Commission a:ssdel3 16J i DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 16J2 P,t!S()I.t;TIOX NO. 9U-227 ,.\ RESOI.UTION OF '1'I tt! t~().,\RI) ()F ('OUNTY ('()XIXtlSSI()Nf I,.'.5; )1 COI.LIER COUXTY. FI.OP, II)..\ AI'I'ROVIN(i TI ti! ISSt.'..XN('I: ()1. EDUCATIONAL F,.\('II.ITII~S RI~VI_:.NUF. BONDS IX AN ;\.x,l()l 'NT N()'I '1'() EXCEED S$,000J~HU HY TI IE ('()[.I.IER ('()I ;XTY EI)I '('.,VI'I()N,.\I. FACII.H'IES :\UTI tORITY \VItERtL-\S. on ..\pril 2IL 19UU 'a puhlic hcarilm was held hv thc ('oilier (',mm\ Educational Facilities Aulhoritv {thc "Authority") xx'ilS~ rcuard_ Io t[~c issu',mcc of thc ..Qutholitx's Educational Facilities Revenue BoHds. Series 1999 llntcrnational ('ollcgc. IHt lh'ojccl)iH :m aggregate principal anlotllll not I ~ exceed 55.1H )~ j H HI { Hie "Berets" 1: aml \VHERE.-\S. on April 211. lUUg. the .,\ulhoritv adopted ils RcsolulioH UU-I.II {lllc "At, lhoritv Resolution"). a copy oFx~ hich is altachotl hereto alld lllilt!C il pilF[ hul'uol~ said .. Resolution shov,'ing cm its Gcc that it was ;jdol~lcd al'~cF :1 l',ublic heal'iH:._.' tll'~ull ;lolicc gix ti: :Is scl lbrth lhercin ;.md ;.~s scl Jbrlh ill Exhibit l?, to thc ..\tttllorilv RcsoJulioH: :ukt \VItERF. AS. thc proceeds el'thc Bomls ~x ill bc tlscd by thc ..\utl~orltv Io make a International College. Inc. lthc "('oltcgc") to finaHcc thc acqu'isition, ami Ct~HSlrttclioH of educational Fac/I/tics tbr thc Collc?'s prix'ate fi~cilitios localcd xxithin thc Northhruok I'I within Collier C'ountv. Florida ami lo puy lbo cosls of isstmallcc of l}lc llontJs (i~ll t~l' thc financed with proceeds el'thc Bonds will hc ox\ ned alld el,el'areal by thc ('ollcgcl: aim \VHF. RF..-\S. thc Bonds ~ ill riel hc :in {~bligaliol,. oFlhc ('ou,,~tv. ',llltl ~.~. ill hc ixL,,ahlc I'F, UH Funds of the College: ;.lilt] \VHERE.-\S. purstKult to Ibc rctlttircmciHs of lbo lI~tcrnal I~.cx cnuc code o1' lUSh. as amended (the"Codc"}. as a prerequisite to thc issuance of lbo Honds it is necessary lhal Iht Board orCotllllv ColllHlissiOllCl's ~l'('t~llicr (',~tmty al~pr{~vc thc issuaHcc lhcFcol'a]'lcr said public hearing: and WI tERE..\S, the Fhxu'd of ('curtly ('ommissioncrs desires iSStl;.lncc et'thc Bollds solely lo satisI'v thc FCtJttircmcnls Of thc NO\V. TIIF. Rt!FORt!, 17,1! I'I' Ixl:s(' ' )l.\'l(l)t~5' Till! P,r)AI?,I)()t: ('('H 'N'I'Y COMMISSIONERS ()1: ('()t.I.II(R ('()t 'NT'F II I..\T: Section l. Thc Board ol'('ouFHv ~.'omlnissioncrs hereby approxcs Iht sstt:mcc o l'll'tc Bonds solely for purposes o1' Sccthm 14 7(I') oF thc ( Section 2. Thc Bonds shall Hot ctmstilutc it ttcbl, liahiiilv or obli,.,atiol~ ol'('olticr ('c~uHlv. ils Board of County (.'onmlissiollcrs. t~l)l¢c'i's, agents OF cHlplOvccs. OF thc Sl;Itc o1' Florida political subdivision thereof, but shall be pa.v:tble solely from the rex cnucs prox'idcd Ihcrctbrc. and neither the lhith illld credit nor any taxing ImXX cr ol'('ollicr ('OtlllIV. of tile 51zllc o l' l.h~ridu or any political subdivision thereof is plcttgcd Io thc paymcnl of thc princilxd o1'. prcn~ium, il' any. ;tlld interest on the [~ollds. No mcnlbcr of thc t~oiu'd of ('otmty ('tmlmissioncrs ,,[( 'oilier ('otn~lx or any officer, agent, or cmplo> cc thereof' shall be liable pcrsomflly tm thc llonds bx reason om' its issuallce. Section 3. l'his approxill shall in no \,.ay be deemed to ahrogmc any ~cgulatitms of Collier County, and thc Prqiect contemplated by this Resolulion shall be suhjcct ~o all such remflations, including, but not Itmited lo. lhe ('oilier ('ountv (irox~lh Nlan'agcmcnt l'lzm, all ct~lCtlWellCy requirements contained therein, thc ('oilier ('ounlv land [)c', ch*tmlcnl (Mdc, and all applicable impact IZ'c regulations. to be invalid or incflUclivc lbr any reason, thc rclnaindcr ol'lhis Rcsolutit,n sh:t}l c,mlinuc ti~ I'ull lbrce and eflbct, it bcillg exprcssl> hereby lbund ;md declared lJlat thc rcnxtintlcr oJ' this Rcsolulion would have been aduptcd despite thc in\ aliditv or incliZ'ctix chess ~ such sccl]t,]~. paragraph, clause or provision. Section 5. This Rcsoltni,m shall take cl'l~'ct inm~cdialcly up~m its atlopll,m. PASSI!I) and Adopted this I th ATTEST: Dwight E. Brock, Clerk Dcputy Clerk Attest sl~q~ture onl]. ('()l.l.lliR C()I.'N'I'Y. FI.()I~,ll)..\ I~,'~' 1'1% II()..\RI) ()I: ('()t 'N'I'V ('()XI.MI,SSI¢)NI!I~5 . K,;hei:, ,,:,,/ [SL:AI.] Approved as Io lbnn and legal sul'lic;cncx: David C. \\'ci,.z'cl. Cotlll~/.'\tlorllc.V 16J2 RI-2N()I.['TI()N N(). 90-01 :iN lN1)t'C'liNlli.',,l RI!S(3I.t'TI¢3N ()1: t'1t1.i ('()1 1.11..I,~ ('()t;NTY I!I)t('..NTI()N..\I. F.\('II.ITII'.N P,F. GAI),DIN{; 'I-It['2 ()FFI('IAI. .,\("I'I()X (}1: l'llI-. AUTtI()I{ITY \VII'II P,I!,SPI'f'*I' l'{) 'l'ltli ISSI.*.,XN('I'2 B'~' 'I'l II! .,X[' I I I()I{1TY {)l: ITS I~l)I FACII.I'I It~ I~I~VI'.N[ 'I~ t~(}NDS AGGI~I~(]ATt'2 t'I~IX('IP:XI...XXI{}['N'T N(}T I() S~.I)fHUH)() ["( )t~ ']']t[~ I'I~ I N'( 'I P..X t. 1'[ '1~1'( )SI' ()]. IN'I't~I~N:X I'I{)X:XI. (*()l.l.I'.{~l'2. IX('. {]'III'. *'COR POf~ATI{ }N" } IN ('{)NNI~("I'I{}X ~VI'I'] I ACOUISITI{)N'. ('{)NSTI~['("I'I(}N :XNI) ('tH~T:XIN HI}['{'..X [I{)X:XI. I:.-X('II.I'I'I[~S: TttE I~XI~('(."I'I{)N ANDI)IH.IVI'2I~Y ()FA PI~t~I.I~IIX:XI~' .XI:X'I'TI~I~S. %VllEREAS, llncrnat~ol~aI ('ollc~c. Inc.. ~ I:lorMn m~t-I~r-prt~l~t c~rp~r',~l~m "Coq>oration") has applied to tl~c ('ollicr ('ountx [(ducationz~l I::~cilitic, .,Xu~horitv issucdasmuhiplebondsoroncbond)l~)rthcprincipaIpurposcof financing thc Bonds to thc Corporation t]tll'stKillt [o ('laaptcr 24). [':xrl I1 l:lori& btnttitcs, t~r such provision or provisions of Florida I:~xx :ts thc ,.Xu~ht~ritx m:~v dcIcl'llli~lc :Rix is~blc (thc in order to accomplish thc fi)rcgoing purposes: XVIIEREAS. thc issuance ol'thc l:lomts ;md thc Corporation to finance thc costs {~t' tl~c Pr(UccI umtc~' loan be at least sufficient to pay thc princitxtl oJ'illltI inlcrcst and Authority. will assist thc C,:,rl'~oralic, n arm I'm. mlolc Ibc pul'die purpo.,;e.,; i)rm'idcd i~ ~l~c .,\el: and WiiEI~,I']AS, thc ('~,rl',.m~tion has submitted iht I'rcliminarv .'X~rccmci~l (thc I r~llllll~ary ,,~grcClllCll{ ')I'CJ;ltlll~ {o thc ~tl;lllCC o{'[J1¢ J~oH~{~. ',l[l;icJ~c~J Iici'cio ;1~ I.Lx hih~ ..~. alia WI IEP, EAS. in order to, .'.;atisl'v certain of thc rCcluiremcnts c,l' ,"4o,.'ti~m 1471 l) ,,~t' thc Internal Revenue Code of 19,%. ;is ;.uncritical (thc "('ode"). thc/\uth,.',rilv dM ,m thc d'alc hereof hold a public hearing oct the propc~sed issuance of the Ig,.'mds lhr lh$ purl'x~.c:, i~cl'cin stated, which date is more than 14 days following thc t]rsl puhlic',x~i,.m of nmicc of such public hearing in a ncxxspapcr of general circttlation in ('ollicr ('ountv ami xxhich tmblic hearing was conducted in a m',mncr that prox'idcd a reasonable opportunity I~r pcrstms xx ilh dil'l~ring views to bc heard, both orally alltJ ill xvritin~, on thc issuance of'tile J/~mtls and linc location and nature of thc Ih-t!jcct as more Ixlrticuhu. lv tlcscribcd in Ibc m~ticc {,1' imhlic hearing attached hereto as ILxhilqt B: and XVItEREAS, il is imcndcd that this l(csolt~tion sh;~ll c¢msliltttc t~l)]chll aclitm h,xx ard thc issuallcc of thc Bonds within lJlc mcanin,2 of thc applicable ['nitctJ 5tillC~ 'J'rcHstll'v RcguhHions in addition ti} HI1V other action that n~av h;txc hcrctolk~rc t~ccn hLkcn hv tt~ Coq)oration; NOW, 'I'IIEi{I.:I:Oi~,E. lIE IT l~,i.:5OI.X,'El) IIY Tile ('()I.I.IER ('()t'.NTh' EI)UCATIONAI. FA('! i.iTi I-:S ..\ UTi 1() RIT'F. TI IAT: SECTION !. ..\['TIIORIT'~' I.'()R Tills RESOI L'TI()N. 'ibis ' I 'm - I,.csoJuti~m is adopted ptlrSth:.lllt tO thc prox'isions el'thc ,,\c! and other al)plicablc pr{>visions of Jax~. SECTION 2. PREI.I.X, IIN.-\I{5' S'I'..VI'E.Xil'~NT. This l~csolul/{m is cntcrol into to pcm~it thc Corporatic)n to proceed with thc fin:racing el'thc costs of'thc {'rWccl ;~m{ to provide an expression ol'illtcntion by thc/XtltJlol'jl)'. [~rior Io lilt is~tl;lncc el'thc J3oll~J~. h, issue and sell the Bonds and make thc proccc(Is thcrcol'availablc fi~r .qtch {~urj)oscs. all in accordance witt~ and subject to thc provisions of thc Act. thc ('onstilution and (dhcr Jaxxs of thc State of Florida and lilt ]~lx~ S el'thc t'nitcd 5talcs ol'.,Xmcrica, inclmlin~ thc ('t,dc. ~ml this Resolution, but sub. jeer in :tJl respects [t~ thc terms el' thc I'rclin~in;trv ..{grcctl~cnt. SECTION 3. ..\i'i'I{()\'..\I.()I."I'ilE I"IN.,kN('IN(;. 'Ibc I~n;inclnu,~l'thc COSt.'.; ofth¢ Project by thc ..Xutht~rit~ lhrt~tlgJl thc i,suancc ~H'IIlc will improve educational o{){)orltlililics I~H' Ibc cit//cns will promote thc economic dcvch)l)mCnl' prosperity, health and xvcJl~H'c Collier County. will promote Ibc general teem)mit sti'ucttn'c of ('oilier County. and will tllerebv ser;'¢ thc public pttrp,,~scs of thc Act ami is hereby prelimin;~rilv ;q~prt~x cd. st~h. jcct. ho,,,, ever, in all respects to tile ('orporation nlCCtink~ thc ¢omlitions .,;ct forth in thc I'rcli;nimtrx Agreement to the sol,: satislhction of thc :\Ltthoritv. SECTION4. EXE('UTI()N AND I)EI,IVEI~,'V ¢)I:I'I.~I.]I,1511NAI,I'~' AGI/EEMENT. The Chaiml',m c,r thc Vicc-C'hairmzm is hcrcbx' ;nlthori/cd ;tmt directed It~ execute. Ibr and on bchal fo[thc ..Xuth¢~rity. thc Ih'climinary :Xgrccmcnt. in thc fi~rm Zlttz~chcd amount dctcmlincd by thc Authority and thc Corporation it, bc llCCcSMIl'X 1o ;~ccemq,lisJ~ thc foregoing pu¢oscs. SECTION 5. ..\I.'TII()I~.IZA'I'I()N ()1-' TIlE B()NI)S. 'l'l~crc ishcrchx authori×cd to be issued ;tnd thc ..Xutlmritv hereby determines tt~ i:;suc thc rcqttcstcd by thc ('oqvorzttiem ztnd sub cci in all respects to thc ctmtliti~ms set Bonds shall not exceed thc IllatXillltllll I'zltC l)Crmittcd by laxv. SECTION 6. GENEI~.AI. AUTllOIIIZATI()N. Ttlc ('llairmz~n z~mtthc Vicc-C'hairman are hereby fl,'thor at~thorizcd to proceed, upon execution {~fthc I'rclimim~rv Agreement. with tile undertakings provided fi)r therein on thc pz~rt of thc ..X tlllk~ritv z~ml z~'c fu~lhcr authorized to take sUCh steps and actions as may hc rcqtlircd ¢)r ;lcccsszlrv in t)rdcr to cause the Authority to issue thc Il(rods stdzjcct in all respects Io thc lcrms and c,,mlili,ms set froth in thc Preliminary ..Xgrccmcnt ;mth(~ri/cd hereby. SECTION 7. Oi-'i:I('IAI. A(;TI()N. l'hi~,r'cs¢,lutionisztnoflSciat~tctitmof thc Attthorilv toward thc isstzzlncc o[ thc 13tracts. as c{mtcmplatcd in thc th'clitnim~r; Agreement. in :~ccordancc with thc provisions of thc laws t)l' ibc Str~tc t~J' t:l~ri&l Liiltl thc applicable United States Treasury Regulations. SECTION 8. I.i.XlITEI) OIiI.I(kA'I'IONS. Thc florals :trot tile int,.:rcst thercon Shall not constitute an indcbtcdncss or plcct,,c~ of'thc~ucncralcrcditortaxin~, ixm'cr of C'ollicr County. thc 5tare ofl:lorida or any political st~bdix'isitm ~' ;~pc~cy Ihcrct)l'btit sh:~ll be payable solely J)'Olll tile rGVCllLICS pledged lhcl'Cl},r J)tll'Stl;lllt It~ gl Jo;lll /I~rCcIIICIII ¢)I' OlJlCI' tinancing agreement entered iI~to bctxxccn thc Authority and thc ('(,rporiititm pritfi' It, or conlcmpor;meously ;vith thc isst~ancc of thc Bonds. '1 hc .,Xutht,ritv h;ts nt~ lltxing p~>xx cf'. SECTION 9. 1.1511TI']I) ..\lq'I{()VAI... 'Ibc approval gix'cn Ilcrcin sh'all not be construed ;is ;.111 approx';~l or Cll(Jt)l'SClllCll! OJ' apprt)val of Jill~, I1CCC.$.q{Irv I'e/olli[l~ applications nor for any other regulatory permits rclzmng to thc }h'ojcct and thc At~tht~ritv shall not be construed by reason of its adoption of this resolution tt~ have waix'¢d any riul~t of Collier County or cstopping Collier County from asserting any rights or responsibilities it may have in that regard. SECTION I0. EFFECTIVE I)ATI,:. This Resolution shall t',tkc effect immccliatclv. ADOPTEI) this 20th ,,l:.t',.' of April, 1999. 16~2- ATTEST: ~st Sccrctary C()I.I. IEI~ COUNTY I'.I)U(A I 1()~ :%,1 FACIIATIES AUTIIORITY /,qt'' 't I'REI.I.~IINAIUf ..\(;I(EE.XlENT !:01( ISSI::\N('E ()1,' PI~.IV..\TE ACTIVITY I~,EVENUE B()Ni)S This Agreement bctwccn the Collicr County F. ducational [:acilitics ,,\uthorit.v. a public body corporate and politic (the "Authority")and International College. Inc.. a Florida not-for- profit corporation (the t orpc~at~on ), WITN ESSETli: I. Preliminary ~talemcnt. An~ong tile lqqatlcrs o1' i~lulual undcr,~tandin~z a~ltl inducement which have restlJted in tile e×ecution oF this ,.\?'cc;nc~t arc thc I'~,ll~>xN illg: (a) The Act provides that thc Authority may issue revenue bonds and loan thc proceeds thercofto 0110 or mOl'C pOI'StillS, ill'IllS Of private corpol'aliOllS, or t~sc sucJl proceeds. to dclkav the cost of acquiring, by l~urchasc or construction, certain quail I?ing educational facilities. (b) Thc Corporation is considering financing thc costs t)l' thc acquisition. construction and equipping of educational Facilities l,* bc owned illltt t~F)Cl'illCd by thc Corporation. (c) Thc Corporation has applied to thc ..\uthority to issue a series of its private activity revenue bonds in the initial a==~u=atc' ,,{, ' ',,' · principal amount of not to cxcccd 55.111111.11111) (the "Bonds") fbr the principal purpose of linancing a portion el'certain cosls ol'acqt~isition. construction and equipping of certain educational lhcililics (thc "Project") to bc OWllcd alld operated by the Corporation and paying costs associated with tt~c issuance of thc }hinds. (d) The Authority considers thc issuance and sale oFthc ttonds, fi~r tilt' puq~t,scs hereinabove set forth, consistent with thc objectives of tile :\ct. This ..\grcemcnt ctmslitulcs official action of the Authority toward thc issuance of thc Bonds in accordance with tile purposes of'the Act and the applicable United States 'l'rcasurv Regulations. 2. Undcrtakinus (3iq lhe Part ol'tllc At~thoritv. Subject tt~ the tcrn~s hcrcol', thc Authority agrees as folloxvs: (a) The .,\uthorhv will. subject to tile terms; hereoF, at~thori/c thc isst~ancc el'iht Bonds. in one or more series, in thc a-,,ro,atc~.= = principal anqoulqt necessary and sut'lqcicnt lO finance the cost oft~cquirir~g, coi'lstrueting anc~'~lt~lpiMng ! %'o. jcct as tilt: ..\ulhorilv and tilt.' Corporntion shall agree in writing (inclutiil)g costs off issuance off such I~onds). I)t~t i~) events, the principal amount off stroh Igonds shnll t~c,t exceed thc lesser t)l'(i) thc dctcm'~ined by thc ,,\uthoritx ~md linc ('orl)oration to bc ncccss;)rv to ~ccomI31ish foregoing, or (ii) (b) The Autl~oritv x,, ill coopcrntc with tl~c ('Ol'l)orntion and with thc t~tlcvv, ~'it,:~'s. placement agents or purchasers off thc [~onds and thc JBond ('ounscl t,l' tl~c ..Xt~lht~-itv respect to the issuance and sale ct'thc [tonds nnd xx'ill take such l't~rll~cr :~ctio~ ired tl:e execution of such documents as sh:~ll be mutu~tllv szttisl~{clo~'x' to thc ..Xtllllol'ilv illin thc Corporation for thc autl~ori/ation, issuance '~/~ld szttc off st~c}~ lgt~tts z~l~tl thc proceeds thereof to finance thc cost ol'const~'uclit~g, z~CCltii~'i~g illld ctlt~il,l)i~g linc {%'t~.jccl to pay costs related to thc isstt;~ncc of tl~c (c) Such actions ~md documents mz~5' permit tl~c isstt~t~cc I'r{~m time It~ lime i~ linc lizture of additional bonds on ~crms which shall be set l}~rlh thcvcil~, xx hctl~cr t~:~ri i>:~sxt~ x~i~h other series of bonds or othcrxvisc, l~)r thc pt~rposc oI'11 I dctS';~)lng thc c~,st of ct~ml)lt, ti~. enlargements, improvements alld cxj)illlsiolls t,J' lbo J~l'(}iccl. t)r lilly 5CglllClll lhct'ct~l'. ,~r 12) rcfimding all or a po~qion c)t' tho [tonds. (d) Thc loan agreements, trt~st illdcnlttrcs. (collectively. the "lrinancing .,Xgrccmcnls") bctxx cch thc ..Xt~thoritv ;t~tt Iht ('t)rl>~,~'i~tio~ shal I. under terms agreed upon by thc ill,flies, t)rox'idc in such SLIMS aS shall be ncccss',~rv to t)~t)' lilt :tm{~tmls rcqt~ircd t~dc~' thc .'XCI. i~clt~tti~g thc principal of and interest al~d redemption t)Fcmittm, iff ireS', on tl~c I~onds. ;~s ;t~ltt xx }~c~ thc same shall become duc ~md pltytll~le. (c) In authorizing any isst~rmcc off thte 13o~tls pu~'st~nt t,~ this ..Xg~'ccmct~t. thc Authority will make no warrant5', either expressed o~' implied, that thc t)~'t~cccds ol'thc Ig~tls will be sufficient to pa5' all costs ol'aCClt~iring, constructing ~md cxt)it~ttit~g thc I%'o. jcct or lhat those tS~cilities encompassed by thc ['rc~jcct will be suitable li)r tl~c pttrl)oscs or ~cctts of tl~c Co~oration. Thc t3onds shall spccilicatlv proxidc that tl~cx' afc i,ayal~Ic solclv tT{~m tl~c revenues derived from thc f:inz~ncing/Xgvccmcnts between tl~c .-Xt~tho~'itv ',~nd thc ( constitute an indebtedness or pledge off thc gcl]cFi~l credit t~l' ('oilier' ('ot~,~tS'. thc Nta~c Florida or any political subdivisio~ or agency lhcrcot~ ililtl stroh Ii, ct sh',,ll be l~lai~l>· on the tinct ct'each of thc Bonds. 16J2 (g) issuance of thc Bonds [)5' thc Authority shall bc contingent upon of all ortho provisions hereof'and all provisions of thc Internal amended (thc "Code"). and thc regulations promulgated thereunder, inclttdi, and desirability by thc Authority to issue obligations to thc approval by thc Board ol'Cottntv Commissioners ol*('ollicr ('ounlv in ;tcc¢~'d'ancc the provisions of Section 147(t) of the Code, 3, Undcilakings on tile Part of thc ("orpt~rati{m. ,'qub. icct h~ thc tcm~s hcl'ct~l', thc Corporation agrees as £ollows: (a) Tile Corporation will use reasonable c['lk~rls h) insure that ibc [hinds in thc aggregate principal alr~ount as stated above are sold: provided, however, tlml thc Ici'ms such Bonds and of thc sale and delivery thereof shall be mt}lu;lllv s;llisl';lct{,cv h, lilt Authority and thc Corporation. (b) Prior to thc issu:mcc ortho l.lomls in thc principal amounl slated i~l~,)x c thc Corporation will enter into thc Financing Agreements with thc ,,~ttthoritx', {l~c which shall be mutuatly agreeable to thc vNttthor Iy and iht ('orpt)raliol~. i)l'ox-idinu fi~l-thc loan or usc ofthe proceeds of thc Bonds to finance thc costs of thc l'rqjcct. Nt~cJl Agreements will provide that thc ('oq)oration will bc obligatctl to pay thc ,.Xuth{~ritv (~ulUvct to ally assiglllllC[lt ptlrst~aHl ti) thc [:inancin~ Agreements, as thc cz~sc may be) sums ,t~ in the a,mrc,,atc~ e to enable thc ,AtHhoritv to pay thc principal {~famt interest and premium, ifany, on thc Bonds. as and when thc same shall become dtlC :lllcJ payztblc. :llltJ all other expenses related to thc issuance :md delivery of thc (c) The Corporation shall, in addition to paying thc amotl;~ts scl Ibrlh in thc Financing Agreements, pay ;ill applicablc costs of Ol)cralion, ma;nrc,anco, taxes. governmental and other charges which may bc assessed or levied aura;nsf or with respect to tile Project. (d) To tile extent not othcm ;sc paid from 1total proceeds, thc ('ol'porz~tion hcrchv agrees to pay (i) tile Authority Brmd Issuance Fcc. (ii)all of thc ()ul-oILpt~cket expel]scs ~(~' Bonds and (iii)all t'ccs and expenses ot'I)onald ,,\, lhckxx'orlh. I).,,\.. ('oui'~scl Il, thc and ofNabors, Giblin & Nickcrson. I'.,,\.. ltomt ('ounscl, (c) Thc Corporation will hold thc Authority of any mortgaging or other disposition of thc (f') 'lhc Corporation ~1'¢¢s to indemniI\' and ciciL'nd ibc .,Xulht)riIv and the Bonds and thc ('orpornlion's undcrtaki~,,~ thcrc{>t', or in rmv. xvitv .~'{~xx il~,,= ottt resulting from this Agreement including, without limitation, nil CoStS illld cXl¢CllSCs t,l' thc Authority and reasonable nttorncvs' t~cs incurred in thc CIII~I'CCIllCII[ t~l'[lll} ilpI'Ck'IllClII Corporation contained herein, but cxcludin,, anv claims. It>sscs. liabilities t,r resulting from thc :kuthoritv's or ('elliot ('otHllv's gl'ess negligence or willful In thc event that thc Bonds ~u'c ~t~l issued and delivered, this indemnity M~all surx ixc thc termination of this (g} Thc Corporation ,,','ill lake such fttrlhcr action as m:~v bc required I~ is~plcll~cul its afi~rcsaid undertakings nnd ~s it may dccn~ at)t~ropriatc in [)tll'Stl~lllcc thcrc{,l'. 4. General I%'ovisio~,;...\Il c~llll~'lilmcl~ls el'Ibc ,.\t~lh~rilv til~tlt.'l' and ot' the Corporation ui'~dcr Section 3 ]lcrcof ill'C st~bjcct to thc ct~ntlitions IJlilt ;ill (~I' thc following events shall hax'c occtll'rcd llot Inter than .J;~ltlu;Arx' I. 211{)11. O1' NHch ~)thcr dltlt: its shall bt: mutually salist'i~¢torv to thc ..Xttthoritv and Ibc (a) The ..\t~thoritv shall bc lax,.l'ullv entitled ~,, issue Ibc I/oncls as tlcrci~ contemplated. (b) The .,\uthoritv and thc ('orf,t~rali~,n shnll hltx t: :~gFcc~t {~l~ n~t~tt~i,llv :~cccl>titl~lc terms ti>r thc Bonds a~d thc snlc and dclix'crv lhcrcol'and mt~tuitllv aCCCl,tnblc tcr~s illltJ conditions of any trust instrttmc]~ls or i~stt'ttmc~ts in rcspccl thcrclt~ iltld ;~x' l:it~:t~c~t~g Agreements or other agreements incidental Io Ibc 15~it~ci~g ~t' Fcl~'rFcd tt~ it~ Nccti{,~s 2 i~tt 3 hcrcol~ (c) RtiJiIlgs s:ttisl'~icI,~I'x It~ thc ('t~l'l',,~FitliOll illld Ibc ..Xtllhoritx ~l~ t{) stlch ~,lllcls with respect to thc Bonds. Ibc t'l't~iccl, thc Financing .'[grcclllCllls illltt illlV olJlCl' Ii'iisi obtained t~om thc Internal I{cx Cl~tlc SCI'X iCC illld t~I' tl~c [ 'nitctt NI',IIC5 l'~'c;~stt~'x' I )c[~;~rl~ct~t and shall be in li~ll lbrcc illld cl'l~'cl itt lbo time of issuance of thc l~ond~. (d) Such other rtltings, apl'~r~vals, ct~nscnts, ccrlilSctJtc.,, (~l'ct~plia~cc, t~l~inions oJ'cotHlscJ ired other illStrt~mo~als ~J~tJ proceedings sati%l}lclo~'v Io IJlC ('oVJ~or',~tio~ illltJ lJlc 2Xuthority as to such matters with I'CSpccl Io thc J~tHlds. Ibc t'ro. jcct. thc I:i~',incing zXgrcemcnts and any other trust i~strumc~t or instruments, as shall be spcci lScd by thc Co~3>oration or the/Xuthority, shall have been ~,btaincd li'on~ such gt,vcrnmcnlnl, as well llOll-govcrnmclltil], agencies and ctltitics as may hilV[' O1' ilSScl'l Ct~llll)CtClll .jt~risdiclit~ ~,vcr 16J2 or interest in matters perlincn! thereto aim shall be in lhll three and tilL'ct ',~t thc time issuance of the Bonds. (e) Compliancewifl~;lll applical~l¢ provisions of('haplcrs 243. I Nu. 21~ and 21S. Florida Statutes, and lhe Aulhoritx s guidelines and procedures rclalin~ l~ Ibc issu',mcc t~t'lhc Bonds, the interest rates thereon. Iht type of purchasers of thc t3onds and thc terms ,m x~ hich thc Bonds may othcmise be issued. (f) Notwithstanding any other terms hcrcol: nothing contained herein sl,~ll bc construed to create a bindin~ commitment by thc Authority t~) issue Iht I3on& until st~cl~ time, if ex'er, as thc Authority shall grant its final apl)royal ]k)r thc issuance t,l'thc Ihmtls ;~l~tl thc final terms and provisions of thc Financing Agreements. lgv cxccutitm hcrcol', thc Co~oration agrees that thc Authority may withhold ils final al,prov:~l oFthc isstmncc of lbo Bonds in its sole discretion and shall not incur any liabiliw xvhatst,cvcr as :~ result t)l'il not granting any such approval notxvithstanding any o~hcr pr~)x ision hcrct)l'. If the events scl lbrth in this Section 4 do not lake pl,cc xx ithin tl~c s .t fi,t'th ,,r any extension thcrcolk thc Corpc)ration agrees that it xx ill rci]nbt~rNc thc ..Xt~tht,ntx Ik,' nil Ibc reasonable anti necessary direct (~r indirect expenses which thc ..Xt~thoritv m;~x incnr ,t thc ('oq)oration's request arising t¥om thc execution ol'this Agreement and thc peril)finance bx thc ..Mlthoritv of its obligations hereunder, including rcastmablc Icg~Jl IL'cs anti CXl,CnSCs liar Counsel to thc Authority and 13ond Cotm~cl. 5. Binding Effect...\11 crux'chants and a~.rccnqcnts herein of thc Authority and the Corporation shall bind and inure to thc bcncl]t o1' thc rcspcclix c S[lCCCssors and assigns of thc ,,Xuthoritv and thc ('orpor, li(m whether IN WITNESS WttEREOF. thc parties hereto have entered into this.,\grccn~cnt by ti'mir oFfiCers thereunder duly authorized as oF thc 2~)th day oF .,\pril, 1'){)'). /Remainder o/pal4,' intentionally Iq/t hla.~. ~i.'..nantrc~ on/oll,,,~'in'4 I,a.~,c/ 16J2 ' '~ COI,LI ER COLINTY EI)U('..VI'I()N..\I, FACII.ITIES AUTtlOI~ITY INTEI~,NATIONAI, ('01.1.1';(;1';, IN(' lh'csMcnt A -6 16J2 EX}ti BIT B TO I,IESOI. UTION AFFil)AVrr OF PUIII.ICATION OF NOTICE (.)F I'Ulll, IC llEARIN(; NapLes DaiLy News NapLes, FL 34102 Affidavit of PubLication NapLes DaiLy Ne~s PICKIdORTH, DONALD P.A. 5150 TAHIAHZ TRL N #602 NAPLES FL 34103 REFERENCE: 01078~ 57857898 Notice of Public Hea State of FLorida County of Collier Before the undersigned authority, personally B. Lamb, who on oath aaya that she servel the Assistant Corporate Secretary of the Iiaples News, a daily newspaper published at Naples, Collier County, Florida: that the attached copy of Adverttatng uas published in said on dates Listed. Affiant further says that the said ,apres Daily iS a newspaper published at Naples, tn sa(d Collier County~ FLorida, and that the said paper has heretofore been continuously tshed in said Collier County, Florida, each and has been entered as second class mail Jotter at the post office tn Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor pro~tsed any person, ftre or reparation any discount, rebate, commission or refund for the of securing this advertisement for tcatton in the said newspaper. oN: 04/05 SPACE: 138.000 INCH ..... .... s- 16J2 ' ........................... Notice of Public Hearing Notice Is herebv given that the Collier County I ucotlonal Facilities Aulhorlt¥ the "Aulhorlt¥") will Conduct 0 specloI meeting and public hearing nn 20, 1999 ~ 10:00 a.m. In the Economic Developmen~ Council of Collier Cotlnfy Conference Room 305q North Horsesl~oe Orion Stllt~ 120 N(:pl~% [Inter~tlonal College~ Inc. ProJect), .Series lg9q tn amount not to exceed ~S 000 000 to be ii,ecl to fin(mca I. P~OJECT OESC~IPTIOH: Con~h'uction al a tw(, - ~. PROJECT LOCATIOri: T~oct J]"ol the 3, INITIAl. n~ATO~ and OWHER: /4epics, Flmido 34104 able for inspection and Copying al the office nf the nomJc Oevel~menf Council Set lorth SHOULD ANY PERSO[I DECIDE TO APP[AI Ally DECISIOH MADE DY THE AUTHOB~TY RESPECT TO ANY MATTER CONS:O~EO AT HEARIIIO, SUCH PERSON WILL NEED A ~t~C()~P THE PROCEEDINGS AND, FO~ THAT PURPOSI, SUCH PEaSON MAY NEED TO ENSURE THAT VERBATIM ~ECORD OF THE PROCEEDIHGS IS /2ADE, WHICH RECORD INCLUDES THE TESTIf~qO~l Ar4g EVIDENCE UPON WHICH THE APPEAL tS lO ' BASED. worth General Counsel at {941) 263-8060 no later thc:l~ '5/ aeneid A. P~ckwo~h Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily Ne'.s BOARD OF COUNTY COMMISSIONERS ATTN: TO~YA PHILLIPS PO BOX 413016 flAPLES FL )4101-3016 REFERENCE: 001230 #912501 578672~z, 91-102/PUD~99-02 t~T State of FLorida County of Collier Before the undersigned authority, personally appeared 8. Lamb/ ~ o~ oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~a, a dotty newspaper published at Naples, tn Collier County, FLorida: that the attached copy of Advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s ia a newspaper published at Naples, in said Collier County, Florida, and that the said ne~apeper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proefaed any person, firm or coporation any discount/ rebate, coemissfon or refund for the purpose of securing this advertisement for pubttcatiun in the said newspaper. PUBLISHED 0~i: 04/25 AD SPACE: 147.000 INCH FILED ON: 04/26/99 /. Signature of Affiant /~/- / ) $~orn to and Subscribed befc~ .e this~,~f --d.y of./~ ~9~ 91.102/PU0-99-02 NOTIC~ OF INTENT TO CONSIOER Nc~ce b I~ere~y that on TUESDAY, C~II~ ~ T~I~I Trail. FI~I~, ~e ~d of C~n~ Commissioners will c~l~ ~e en~- ~e. T~ ~1~ writ com~ ~ ~ ~ ~no~e Is m f~l~ AN ORDINANCE AMENDING ORDI- NANCE 91.102~ ~ C~LIER COUNTY LAND DE- VELOPMENT CODE ~HICH INCLUDES THE COMPREHEN- ~ 2ONI~ RE~- LATIONS FOR THE UNINCORPORATED AREA OF COLLIE~ COUNTY, FLORIDA BY A~DING THE OFFIO~ ZONING AT. LAS MAP NU~ED 9~2NS; BY ~NGING T~ ZONING FtCATION OF THE HEREIN DESCRIBED REAL PR~ERTY LO- CATED FRO~ "A" RU- RAL AGRICULTURE TO "PUD" PLANNED UNIT ~L~NT KNOWN AS VENE- TIA~LA~ F~ ~O- FESSIONAL OFFI~S AND LI~ CO~R- CIAL U~S, L~A~D ON VANDERBILT ~ACH RO~ [~ 1/4 ~E ~ST OF AIRPORT-PULLING RO~ (~ ~I).~N ~C- TION 2. TOWN~IP SOUTH, RANGE EAST, COLLIER COUNTY, FLORIDA, COt4SISTIHG OF 6.02 PR OVtDIN~' AN - FECTI~ DATE. Peflt~ No. PUD-~2, Kenney Schryver, os Tru~ee f~ L~ T~t 9~40L r~i~ ~ r~- cu~e to "PUD" P~ Unit Development to be knovm os Venetian Plaza for Professional offices and light cornmerclal uses, motored on Vender- but Beach Rood (C.R. 862) 1/4 mile ~ of Air'pact-- Pulling Rood (CJi. 31) Ordinance ore o~ file with We Clerl~ to the Board or,d ore ovolloLfle for tion. All Irrterested porlies ore Invited to ottencl be heard. NOTE: All persons wlsNr~ to ~oeok on c~v o~e~ Item must regis- ter wlff~ file p~RiO~ o~t; minlstrator ~o item to be o(~clre~sed. be limited fo $ minutes o~¥ Item. The ~elecflo~ of behalf of an or grouD is e~. It recognized by Rle Choir. mon~ a ~ookes~erso~ for a g~ouP or orgonlzalto~ may be allotted 10 min- utes to seeak o~ a~ Item. Persons wishing to have writlen or grc~hlc materials Included In the Board agenda packets mu~t aura-nit Sold o minimum of 3 weeks i~'lor to ~e resaecttve public hearing. In any case, wrlflen mofee'ialS In- tended to be cm~sldered b¥ the Booed shall be sub- mitred to the Courdy st~t a minimum gub~lc hearln~ An materi- al used In ~-eses~otk~s before tt~e B4:~rcl will be- come o perrnonenf po~'t of ~ re~3r~ AnV ~ ~ d~e¢ld- ORDINAN( E NO. 17B AN ORI)INA~{'Ii AMI!NDIN(; ORDINAN('E NUMIH:R <~I-Io2 ('OI.I.IER ((JI'NTY LAND DEVI~LOPMI~NI' CODE WIII('I[ IN('I.I'DES IHE ('OMPREIIENSIVE ZONING RE(~UI.ATIONN I()R IIIE I;~INCOR~}RATED AREA OF {'O[.I.II~R COI~N~'y. FI.ORIDA I~Y AMENDING 'I'IH~ OYFI('IAI. ZONING Ali. AS MAP NI 'Mfff:R '}~02N: ('IIANGING 'IHI: ZONING ('I-A~NIFIf'A'I'I()N ()I- lllI~ )H RbIN DESCRHHI) RI'Al I)R()PFRIY I'R()M "A" RI'RAI A(~RI( I'I II'RI: "l'I;f)" I'I.ANNI:I) [NII I)I:VI IOPMi,~I' KNi)WN Ag VI:NH lAN I'I ~d IOR I'ROtI%SI~)NAL OII I('I-S AND ll(;lll' ('<)MMI:RflAI. I.f~'AIED$)% VANDIAIUITIH.A(-IiR().U}i ('R At)2)',Mlll WINI AIRPi~RI-I'I'IIIN(; Rr)AD ,'R 31). IN NEC'lION 2. I()',VNglIII' 4') SOI"[II. RAN~i. 2~ EAS'I. COt[IIR('Oi;NTY. i.i.ORiI)A. OF 6 02, A('RI ~; AND I~Y I'R(WIIHN(; AN I..FFt-("IIVI. I)A I F NOW. lltI:RI:IORF I~I II ()RII%INFI) h'. lhe Ih)aM of r'mmt,. ¢'omml,,,],,nc~, ,d ( ,dl,..[ F SI ¢'II()X tiN'Ii: Range 25 Earl. ('oilier ('ollrll). I lorMa, i, chan~ud fronl "A" Rmal A~rul~uhurc I)cvelop~,nl m accnrdance ~nh Ibc V['llt'llall J)J~/a Iq'Il Di~Ufllqll[, alla~Jl[,d mco~rated by reference hereto ibc Officml ~OIIlH~ Alias Map Number ~f ('1 I()~' 'IWO: l'has Or(hnancc 4mil b(.'cmn¢ cflccll~ c upon fihng l:;( ).%}),D ()F ( ()I 'X I 'V {'( ]% ?, ('()1 IIlR('~)I'NiY, i. it)Rll).\ · '% [ 'l i~$ I': Approved ar, to Form and I.¢gal gutfic~ency A~sistant Counly Allomc,, Pt ~'I)-99.02 ~ ~R DIN'A NC 'ii VENETIAN PLAZA A PLANNED UNIT DEVELOPMENT Prepared for: LAND TRUST 98-101. Kenncy Sch~'vcr. Tmstcc 686 15'~' Avenue South Naples. FI. 34102 Prepared by: WILSON. MILLER. BARTON & PEEK. INC. 3200 Bailey Lane Suite 200 Naples. Fl. 34105 EXI tl BIT ",V' Date Reviewed by CCPC Date Approved by BCC Ordinance Number Amendments and Repeal TABI.E OF CONTENTS Statement of Compliance Section I Property Ownership and Description I.I. Purpose 1.2. Legal Description 1.3. Property Ownership !.4. General Description of Property Area 1.5. Short Title Section II Project Development Requirements 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9.. Purpose General Description of the PUl) Master Plan and Proposed I.and IJscs Related Project Plan Approval Requirements Sales Facilities Amendments to PUD Document or PUD Master Plan Common Area Maintenance Design Guidelines and Standards Provision of Off-site Removal of Earthen Material Section III Office and l. ow Intensity Commercial 3.1. Purpose 3,2, Uses Permitted 3.3, Development Standards ii Section IV Development Commitments 4.1. Purpose 4.2. General 4.3. PUD Master Plan 4.4. Monitoring Report and Sunset Provision 4.5. Transportation .$.6. Water Management 4.7. Utilities 4.g. Engineering 4.9. Landscaping 4.10. Environmental 4.11. Accessory. Structures 4.12. Signs 4.13. Polling Places · l.14. Historic/Archeological 17B Exhibit "A" PUD Master Plan Exhibit "B" Legal Description STATEMENT OF COMPLIANCE The development of this project ,.,.ill be in compliance with the planning goals and objectives .f Collier Count.,, as set forth in thc Grov, lh .Management Plan. This compliance includes: The project will consist of a maximum of 90.000 square fcct of of lice space and intensity commercial uses on the 62 acre site. Thc property is located in thc Urban Mixed Use District. Urban Residential Subdistrict. The subject property qualifies for the intended office and Iow intensity commercial PUD. under the Office and In-fill Commercial Subdistrict of thc Future l.and Use Element. The Office and In-fill Commercial Subdistrict is intended to allow Iow intensity office and commercial development on small parcels within thc Urban-Mixed Use District. where properties are located along County arterial roadways and residential development is not compatible or appropriate. The Future l.and L'se Element specifics 10 criteria that must be met to qualify for the Office and In-fill Subdistrict. Thc Venetian Plaza PL"L) meets each of the ten criteria specified in the Comprehensive (;rowth Management Plan and is consistent with the Plan. 'Ihe project shall be in compliance with all applicable Count.,.' regulations including the Growth Management Plan. 3, The project will be served by a complete ramee o~' scr",'iccs and utilities its approved by the Count.','. The project is compatible u,'ith adjacent lasid uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein, 5, All final local development orders Ibr this project are subject to the Collier County Adequate Public Facilities. Division 3.15 of thc Land Development Code. iv 1-I SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1olo 1.2. 1 o3. 1.4, 1.5. PURPOSE., Thc purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under thc project name of Venetian Plaza. LEGAL DESCRIPTION The East 'fi of the Northeast % of thc Northwest 'A of the Northeast '/, of Section 2. Township 49 South. Range 25 East. Collier County. Florida. consisting of 6*_ acres. Sec attached Legal Descriptions. Exhibit B. PROPERTY OWNERSilIP. The subject properly is currently under the equitable ownership or control of National Association of Police Organizations, Inc. and Walnut Acres Foundation. Inc. GENERAL DESCRIPTION OF I'ROPERTY AREA A. The 6-'- acre site is located approximately IA mile west of the intersection of Airport- Pulling Road and Vanderbilt Beach Road in Section 2. Township 49 South. Range 25 East. The vacant property is bordered on the north by Vandcrbilt Beach Road 862), on the south by Tennis Court Lane. on the east b;' the Walgrecns P[J'D. and on the west by the Marker Lake Villas PUD. B. The zoning classification of thc subject propcr~y prior to thc date of this approved PUD Document was A. Agriculture. C. The project site is located in Flood Zone "X" according to FIRM Map Panel No. 120067 0385 D. June 3. 1986. PROJECT DESCRIPTION The Venetian Plaza PUD is designed as an inter-related office and low intensity in-fill commercial develOpment. Buildings will be arranged in a manner which is compatible with existing and future development and will be developed consistent with the Collier County architectural and site design standards. SHORT TITLE This Ordinance shall bc known and cited as thc "Venetian Plaza Planncd Unit Development Ordi nanc¢." SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2olo 2.2. PL'RPOSE 'Ihe purpose of this Section is to delineate and generally describe the project plan oF development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as ,,,,'ell as other project relationships. (; ENERAL Regulations for development of Venetian Plaza shall bc in accordance with thc contents of this Planned Unit Development District document and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at thc time of development order approval. Where this PUD Ordinance does not provide development standards, then the provisions of thc specific section of the LDC in effect at the time of issuance or' any development order that is otherwise applicable shall apply. Unless othero,'ise noted, the definitions o£ all tcnns shall bc thc same :ts thc definitions set forth in Collier County l.and Development Code in effect at the time of building permit application. All conditions iml~)scd and all graphic material presented depicting restrictions tbr the development of Venetian Plae.,a shall become part of the regulat~'~ns which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD. the provisions of any other sections of the Land Development Code. where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Do Development permitted by the approval of this Petition 'o,'ill be subject to a concurrency review under the provisions of Division 3.15. Adequate Public Facilities, of the Land Development Code, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2-2 2.3. DESCRIPTION OF TIIE PUD MASTER PLAN AND PROPOSED LAND USES 2.4 A. The PUD Master Plan. including layout of internal vehicular circulation and use of land for the various tracts, is iljustrated graphically by Exhibit "A". PUD Master Plan. All conditions imposed herein or as represented on Venetian Plaza Master Plan are part of the regulations which govern the manner in ,.vhich thc land may be developed. A maximum of 90.000 square feet of gross building area may be const~cted within thc Venetian Plav. a PUD. Bo The specific location and size of individual tracts and the assignment of square lbotage or units shall be determined at the time of County development approval. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County development approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of thc Collier County LDC. in addition to thc various areas and specific items shown in Exhibit "A". such easements as necessary futility, private, semi-public) shall b,: established within or along the various tracts as may be necessary. Do Development of the uses authorized in Section 3.2 shall not be permitted until such time as the Future I.and Use Element of the Growth Management Plan providing for an Office and In-fill Subdistrict is found to be in compliance by the Florida Department of Community Affairs. In the interim, uses authorized by Section 2.2.12. Commercial Professional District lC-i) and Commercial Professional Transitional District (C-Iff), of the Land Development Code in effect at the date of the approval of this PUD rezone shall be pcrmit~cd subject to the requirements that the gross floor area of authorized uses shall not exceed 25,000 square feet. kand uses which are permitted throughout the Urban Mixed Use District and permitted within the Venetian Plaza PUD, such as churches, child care centers, and assisted living facilities arc not subject to the 25,000 square feet gross floor area restriction. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat. and/or Condominium Plat for all or part of the PUD. final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. 2-3 Bo 2.5 2.6 2.7 Exhibit "A". PUD Master Plan. constitutes the required i'UI) l)evelopment Plan. Subsequent to or concurrent with PUD approval, a Prelimina~' Subdivision Plat. if applicable, shall be subraitted for thc entire area covered by thc PUD Master Plan. Any division of property and thc development of thc land shall be in compliance with Division 3.2 of the Collier County Land Development Code. and the platting laws &the State of Florida. The provisions of Division 3.3 of thc Collier County l.and l)cvclopmcnt Code. when applicable, shall apply to the development of all platted tracts, or parcels oF land as provided in said Division prior to the issuance of a building ~pcrmit or other development order. Appropriate instruments will be provided at thc time of infrastructure improvements regarding any dedications and methods fl)r providing perpetual maintenance of common facilities. SALES AND CONSTRUCTION OFFICES Wet or dry temporary offices used for sales functions and/or construction offices and their support facilities shall be permitted uses in conjunction with the promotion and development of the Venetian Plaza PUD. These uses shall be subject to thc requirements of Section 2.6.33.3, Section 3.2.6.3.6 and Division 3.3 of the Collier County Land Development Code. Construction trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 64E-6, Florida Administrative Code. and may utilize potable or irrigation ',,,'ells. Non-permanent sales centers exceeding 120 day duration shall connect to the County sewer if available, if sewer is not available, they shall require a septic system. All permitting shall be done through the Collier County Public Health Unit. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. Section 2.7.3.5. ASSOf~I/h, TI[ON OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said development in which the common interest is Iocatext, that developer entity shall provide appropriate legal instruments for the establishment of a Property Ovnaers' Association whose function shall include a 2,8 2.9 2-4 provision for the perpetual care and maintenance of all common t'acilitics and open space subject further to the provisions of the Collier Count,',' l,and Development Code. Section 2.2.20,3.8. DESIGN GUIDELINES AND STANDARDS The Venetian Plaza will feature an integrated and compatible architectural building style. All buildings will be developed in accordance with Collier County Land Development Code, Division 2.8, Architectural and Site Design Standards, unless the specific building use is otherwise exempt from the proxisions of said Division 2.8. pROVISION FOR OFF-SITE REMOVAL OF EARTIIEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is permitted. Off-site disposal of this material is also permitted subject to the following conditions: Excavation activities shall comply with the definition of a" "development excavation" pursuant to Section 3.5,5.1.3 of thc Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20.000 cubic yards, All other provisions of Division 3.5. are applicable. SECTION III 3-1 3.1 3.2 OFFICE AND LOW INTENSITY COMMERCIAL AREAS PURPOSE The purpose of this Section is to identi~' the type of office and low intensity commercial uses and development standards that will be applied to thc areas so designated on Exhibit "A". USES pEPuM ITTED A maximum of 90,000 square feet of gross building area may be constructed within the Venetian Plaza PUD. No building or structure or part thereof, shall be erected. altered or used. or land used. in ',,,'hole or part, for other than the following: Permitted uses. I. Accounting, auditing and bookkeeping se~iccs (group 8721 ). 2. Automobile parking (group 7521). 3. Building Construction (groups 1521-1542 office space only). 4. Business services (groups 7311. 7313. 7322-7331. 7338. 7361. 7371, 7372, 7374-7376, 7379). Child day care serx'ices (group 835 i ). Depository institutions (groups 601 i-6099, including drive-through facilities). Eating Places (group 5812. not to exceed 4,500 square feet. and excluding fast food and/or drive-through restaurants) 8. Engineering, architectural, and surveyirg services (groups 8711-8713). 9, General Governmental Agencies (groups 9111-9199) I0. Group care facilities (category I and II, except for homeless shelters); c/ire units, except for homeless shelters; nursing homes; assisted living facilities and continuing care retirement communities, all subject to section 2.6.26. Il. Health Clubs (groups 7991, except that such uses may not be free-standing facilities) 12. Health Services (groups 8011-8052. 8071-8092 except that dental and medical labs shall be permitted as an ancillary use to offices and clinics of other health practitioners, 8099), 13, Holding and Other Investment Offices (groups 6712-6799) 14. Home furniture and furnishings stores (groups 5712-5719) 15. Individual and family social services (group 8322 including only activity centers, elderly or handicapped; adult day care centers; and day care centers, adult handicapped only), o 3.3 3-2 16. Insurance carriers, agents and brokers (groups 6311-6_~9:). 641 t). 17. Justice, Public Order, and Safety (groups 9221. 9222.9224.9229) 15. Legal services (group 81 ! I). 19. Management and public relations services (groups 8741-8743, 8748). 20. Membership Organizations (groups 8611-8641, except fraternal lodges, bars and restaurants for member only; groups 8651-8699) 21. Miscellaneous pcrsonal services (group 7291). 22. Museums and art galleries (group 8412). 23. Nondepositor2,.. credit institutions (groups 6141-6163). 24. Personal seN'ices ( groups 7212. 7231. 7241. 7261. except crematorics. 7291 ). 25. Real estate {'groups 6531-6541 ). 26. Veterinarian's office (group 0742, excluding outdoor kenneling). 27. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. Uses accessoD' to permitted uses. 1. Uses and structures that are accessory and incidental to thc uses permitted. 2. Caretaker's residence, subject to Section 2.6.16. DEVELOPMENT STANDARDS The following development standards shall apply to all permitted and accessory uses. I Minimum Yard Requirements: Front: Side: 2. Minimum Lot Area: 3. Minimum Lot Width: 4. Maximum Bldg. tleight: 5. Minimum Floor Area: 6. Building Separation: Equal to building height, with minimum of 35 feet 25 feet for structures up to two (2) stories in height and 35 feet structures exceeding two (2) stories, except that yards adjacent to the eastern property line of the PUD ma)' be 15 feet. 45 feet from centerline of Tennis Court Lane 10,000 SF 100 feet Three (3) stories, not to exceed 45 feet 1,000 square feet for principal structures Fifteen Feet o SECTION IV 178 D EVELOPM ENT COMM ITM ENTS 4,1o PURPOSE The purpose of this section is to set forth the development commitments for thc development of the project. 4.2. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws. dodes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code. Division 3.2, shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property, in addition, an.,,' successor or assignee in title is also subject to any commitments within this agreement. 4°3. PUD blASTER PLAN ho Exhibit "A" PUD Master Plan. iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4. MONITORING REPORT AND SUNSET PROVISION A. The Venetian Plaza PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 4-2 4,5, 4.6, 4.7. B. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. TRANSPORTATION ho Primary site access shall be from Vanderbilt Beach Road and shall be consistent with the County's Access Management Policy, Resolution 92-422, as amended. Secondary project access shall be from Tennis Court I,ane. Access points shall be coordinated with the adjacent development to the east, such that future traffic signalization may be accommodated. Should the traffic signal identified on the Collier County Access Management Plan be located at the project's eastern property boundary and sen, e as a project access, the applicant, or successor in title, shall be responsible for a lair share contribution toward the cost of this signal. Co The developer shall be responsible for the installation of arterial level street lighting at all project entrances prior to thc issuance of certificates of occupancy. exclusive of the model center. Road impact fees shall be paid in accordance with Ordinance 92-22. as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. WATER ~MA~A G EM ENT The development of this PUD Master Plan shall be subject to and governed by thc following conditions: mo In accordance with the rules of the South Florida Water Managcment District (SFWMD), Chapter 40E-4 and 40E-40. this project shall be designed for a storm event ora 3-day duration and 25-year return, frequency. Drainage outfali shall be designed for discharge to the Airport Road Canal, unless an alternate outfall is approved by Collier Count',' or the South Florida Water Management District. The development of this PUD Master Plan shall be subject to and governed by the following conditions: 4.9 4.10. Ao 17B "', 4-3 Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer at no cost to Collier Count.,,' and the State of Florida. Potable water and sanitao.' sewer facilities constructed v, ithin platted rights-of-way or within dedicated County utility easements, required by the County, shall be conveyed to the County for ownership. operation and maintenance pursuant to Collier County Ordinance No. 97-17, as amended and ali State and Federal regulations and adopted policies in effect at the time of conveyance. Ali potable water and sanitary sewer facilities cotmmcted on private property and not required by the County to be located within County utility easements shall be owned, operated and maintained by the developer, his assigns or successors. Bo All customers connecting to the potable water distribution system shall be customers of the County and shall be billed by the County in accordance with the County's established rates. Collier County shall assume ownership and maintenance responsibility for any lift station required to serve the Venetian Plaza. should such lift station also be designed to serve adjacent site(s). ENGINEERING A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier (;ounty [.and Development Code. Division 3.2. B. Work v. ithin Collier County right-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. LANDSCAPING A. All required landscape buffers shall be in accordance with Section 2.4.7.4. of the Collier County Land Development Code. ENVIRONMENTAL The developer shall be required to remove all prohibited exotic vegetation on site and to prevent reinvasion of prohibited exotic vegetation by maintaining the site exotic-free in perpetuity. 17B 4-4 4.11. 4.12. 4.13. 4.14. ACCESSORY STRUCTURES AccessoD' structures shall be constructed simultaneously with or following the construction of the principal structure(s). Temporary offices to be used for sales functions and/or construction offices may be constructed prior to the construction of principal structures. SIGNS All signs shall be in accordance with Division 2.5 and Division 2.8 of the Land Development Code. except as identified herein. A. Project Directory. Sign One directory sign. not exceeding 250 square feet in area. may be located along the Vanderbilt Beach Road frontage subject to a fifteen foot (I 5') setback from all property lines, in accordance with Section 2.5.5.2.4.1 of the I.~d Development Code. POLLING PLACES Pursuant to Section 2.6.30 of thc Land Development Code. provisions shall bc made for the future use of building space within common areas {'or thc purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall provide for a public building/public room or similar common facility to be used for a polling place if determined to be necessary, by the Supervisor of Elections. This agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, property owners' associations, or tenants' associations. HISTORICAL/ARCHAEOLOG ICAL The subject property is located outside an area of historic/archeological probability and therefore is granted a waiver pursuant to Section 2.2.25.3.10 of the Collier County Land Development Code. [f during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact or indicator is found, the developer shall invoke procedures as established in Section 2.2.25.8.1 of the Collier County Land Development Code. EXItIBIT B Legal Description for approximately 4-acre parcel owned by National Association of Police Organizations, Inc. West 2/3 oft he East 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northeast I/4 in Section 2. Township 49 South. Range 25 East. Collier County. Florida. and Legal Description for approximately 2-acre parcel owned by Walnut Acres Foundation, Inc. West 1/3 of the East 1/2 of the Northeast 1/4 of the Northwest I/4 of thc Northeast 1/4 in Section 2. Township 49 South. Range 25 East. Collier County. Florida. J ___L A PLANNED UNIT DEVELOPIVlENT :~ ~ ~ J~ 178 ~,t, _I?: {9,A',J-II April 9, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUD-99-02 Venetian Plaza Dear Pam: Please advertise the above referenced notice one time on Sunday, April 25, 1999 and kindly send the Affidavit of Publication, in duplicate, to~ether with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF INTENT TO CONSIDER ORDINA2,ICE Notice is hereby given that on TUESDAY, MAY 11, %999L in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: A~; ORDINANCE A14ENDING CRDiNA/;CE Nbq4BER 91-I02 THE COLLIER COb74TY LA/;D DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UIJICORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9502NS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL AGRICULTURE TO "PUD" PLA3P;ED UY{IT DEVELOPMENT KNOWN AS VENETIAN PLAZA FOR PROFESSIONAL OFFICES LIGHT COMMERCIAL USES, LOCATED ON VANDERBILT BEACH ROAD (CR 862) 1/4 MILE WEST OF AiRPORT-PULLING ROAD {CR 31), IN SECTION 2, TOW~,;SHIP 49 SOUTH, RA2;GE 25 EAST, COLLIER COUY,~Ty, FLORIDA, CONSISTING OF 6.02-_ ACRES., AI.~D BY PROVIDING Al;~ ~rE_T~--- c ~jE DATE. Petition No. PUD-99-02, Donald W. Arnold, AiCP, of Wilson~ Miller Barton & Peek, Inc. representing Kenney Schr~.,er, as Trustee for Land Trust 98-101, requesting a rezone from ~A" Rural Agriculture to "PUD" Planned Unit Development to be known as Venetian Plaza for Professional offices and light commercial uses, located on Vanderbilt Beach Road (C.R. 862) 1/4 mile west of Airport-Pulling Road (C.R. 31) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ~OTE~ All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted !0 minutes to speak on an item. Persons wishing to have written or graphic maserials included in the Board agenda packets ~ust submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~;TY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOM~ DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) April 9, 1999 Donald W. Arnold AICP of Wilson, Miller, Barton & Peek, inc. 3200 Bailey Lane Suite 200 Naples, FL 34105 Public Hearing to Consider Petition PUD-99-02 Venetian Plaza Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 11, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure April 9, 1999 Kenney Schryver C/O Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane Suite 200 Naples, FL 34105 Public Hearing tO Consider Petition PUD-99-02 Venetian Plaza Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners cn Tuesday, May 11, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ORDINAN¢'I~ NO. gO- 30 AN ORDINAN¢;F. AMENI)IN¢; ORDINANCE NI;MI~ER ql-102 '1111! COI.IM~R ('OI'NIY L:\NI) l)l!VliI.Ol'MliN'l ('ODI! WIII('II :FILE COMPRI~IIEN.~IVI! ZONING RI!(Jl;I.A 1 lC)NS FOR UNIN('ORI'ORA'II!I) ARI::\ OF ('OLIAI:R ('OIfNIY. I'I.(~RII)A I~Y A.MFNDING l'lll! ¢}FFI¢'IAL ZONING ATI.AS MAP NI 'MBI!R (Lq~2N: BY CIIANGING 'lite ZONINO ¢'LASSIFICATION OF 'lllli IlliRlilN DESCRIBI!D RI{AL PROPERTY FROM "A" RtfRAL AGRI('I'I. I'!'RI: 'PUD~ PI.ANNI:D UNFI' I}EVELOPMEN1 KNOWN AS VENF;I lAN I'I.AZA FOR PROFESSIONAl. OFFI(T.S AND I.lGIll' COMMIiR('IAI. LOCATF. I) ON VANDI~RBII.T BI:At'II ROAD ~ CR g62t % MII.F Wl..S1 AIRPOR1-PULI.IN(i ROAI) ICR 31k IN SI-.'CI1ON 2. l(1Wk'.~llll' .~OL"[IL RANGE 25 EAST. ¢'OI.IAF. R COI:'NTY, FI.¢)RIDA. ('ONSI.%I ING OF 6.02: At'RI:S: AND ICl PROVIDIN(i AN liFFE('IIVE DA I WIIEREAS. D.nald W. Arr...Id. AICP .f Wd~n. Mdler. Ba~on and Peck. rcptcscrmn? Kcnncy a~ 'I mslre for Land Trust 9g 101. pelltlOned the Board of ('ounty ('omml%:oncrs to chan~c thc/.rang cla~sll's<all.n oft~ ~ein ~d real pro~Hy: NOW. TIIEREI:ORI~ BE Il ORI)AINIiD by thc Ih,aM .f ('.unty (*,,mm,~..:crs ,,f'('.lht.~ (',,unto. I:hm~: SECTION ONE; Range 25 East. Collier ('ounly. I.l-r~da. ~s changed I?om "A" Rural Agru~c.hurc t,, "lq'If' I'l.mnt,,I l)es'elop~l In accmdance ssllh lhe Venetian Pla/a I'I'D I),<ument atlachcd heron, .s~ I'xhlb~l ",%" aim inco~)rafed by reference herein Ihe ()H]cial Zoning Atla~ %lap Number 0~O2N. ~s dc~cHhc,I III { Num~ ~I-IOL Ibc Colh~r ('.unty I...,J Jk'~ ei.pment ( ',,dc. ~ h~w6> .mc.,Ivd SECTION ~VQ Statures. PASSED AND l)l 'I.Y AD(}I'I Iii) by the I{.ant ,,1'( 'OtlllI} ('~'rlWlmlN~IOIICtN .f{ ~,Ihc~ c '..nl>. I h,rlda. //~ ~y o,' _~_.~ 1999. ;VKIEST: Approved as lo Iorm and Legal SufficH:ncy ·lar. lorJJ: M. Student As,,istant C,unty AtN,rnex i'1;D-99.02 ORDINAN¢'j: VENETIAN PLAZA A PLANNED UNIT DEVELOPMENT Prepared for: 17B LAND TRUST 98-I01. Kenney Schryver. Trustee 686 15'~ Avenue South Naples. FL 34102 Prepared by: WILSON. MILLER. BARTON & PEEK. INC. 3200 Bailey Lane Suite 200 Naples. Fl. 34105 EXHIBFF "A" PUD99-02 Date Reviewed by CCPC Date Approvcd by BCC Ordin,mce Number Amendments aad Repeal lTB ' TABLE OF CONTENTS Statement of Compliance Section I Property Ownership and Description I. 1. Purpose i.2. Legal Description 1.3. Property Ownership i.4. Germ'al Description of Property Area 1.5. Short Title Section 1I Project Development Requirements 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. Section 1II Purpose General Description of the PUD Master Plan and Proposed Land Uses Related Project Plan Approval Requirements Sales Facilities Amendments to PUD Document or PUD Master Plan Common Area Maintenance Design Guidelines and Standards Provision of Off-site Removal of Earthen Material Ofti~ and Lo,~' Intensity Commercial 3. I. Purpose 3.2. Uses Permitted 3.3. Development Standards ii Section IV Development Commitments 4. I. Purpose 4.3. PUD Master Plan 4.4. Monitoring Rcport and Sunsct Provision 4.5. Transportation 4.6. Water Management 4.7. Utilities 4.8. Engineering 4.9. Landscaping 4.10. Environmental 4.11. Accessory Structures 4.12. Signs 4.13. Polling Places ,L 14. HistofiedArcheologicai Exhibit "A' PUD Master Plan Exhibit "B' Legal Description t713 STATEMENT OF COMPLIANCE The development of this project ',','ill be in compliance with the planning goals and objectives Collier County as set forth in the Growth Management Plan. This compliance includes: The project ss'ill consist ora maximum of 90.000 square feet of office space and Iow ,ntensity commercial uses on the 62 acre site. The property is located in the Urban Mixed Use District. Urban Residential Subdistrict. The subject property qualifies for the intended office and Iow intensity commercial PUD. under the Office and In-fill Commercial Subdistrict of the Future Land Use Element. The Office and In-fill Commercial Subdistrict is intended to allow Iow intensity office ,and commercial development on small parcels within the Urban-Mixed Use 'District. where properties are located along CourtLy arterial roadways and residential development is not compatible or appropriate, Thc Future Land Use Element specifics l0 criteria that must be met to qualify for the Office and In-fill Subdistrict. The Venetian Plaza PUD meets each of the ten criteria specified in the Comprehensive Growth Management Plan and is consistent with the Plan. 2. The project shall be in compliance with all applicable Count',' reeulations including · e Growth Management Plan. - 3. The project will be sen'ed by' a complete range of sen'ices and utilities a.s approved by the County. The project is compatible with adjacent land uses through the internal arrangement of $ti'uctm'~ the placement of land use buffers, and the proposed development standards contained herein. 5. All final local development orders for this project are subject to thc Collier County Adequal~ Public Facilities. Division 3.1.5 of the Land Development Code. iv 17 1.1. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of thc property, and to describe the existing conditions of the property, proposed to be developed under thc project name of Venetian Plaza. 1.2. LEGAL DESCRIPTION The East ~ of the Northeast '/, of the Northwest ¼ of the Northeast ;/, of Section 2. Township 49 South, Range 25 East, Collier County, Florida, consisting of 6+ acres. See attached Legal Descriptions, Exhibit B. - !.3. PROPERTY OWNERSttlP 1o4, The subject property is currently under the equitable ownership or control of National Association of Police Organizations. Inc. and Walnut Acres Foundation. Inc. GENERAL DESCRIPTION OF PROPERTY AREA ho The 6+_ acre site is located approximately ¼ mile west of the intersection of Airport- Pulling Road and Vanderbilt Beach Road in Section 2, Township 49 South, Range 25 East. The vacant property is bordered on the north by Vanderbilt Beach Road (CR 862), on the south by Tennis Court Lane, on the east by the Walgreens PUD, and on the west by the Marker Lake Villas PUD. B. The zoning classification of the subject property prior to the date or' this approved PUD Document was A. Agriculture. C. The project site is located in Flood Zone "X" according to FIRM Map Panel No. 120067 0355 D, June 3. 1986. 1.5. PRO$~CT I)ESCR/PTIQN The Veaetian Plaza PUD is designed ~ an inter-related office and low intensity in-fill co~ development. Buildings will be arranged in a manner which is compatible with existing and fiatu~ development and will be developed consistent with the Collier County ~,.hitecmml and site design standards. ].6,, lFB SHORT TITLE This Ordinance shall be kr, own and cited as the "Venetian Pla~.a Planned Unit Development Ordinance." SECTION II 2.1. 2.2. PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The puspose of this Section is to delineate and generally describe thc project plan of development, relationships to applicable County ordinances, the respective land uses of the trac~ included in the project, as well as other project relationships. Regulations for development of Venetian Plaza shall be in accordance with the contents of this Planned Unit Development District document and other applicable sections and parts of the Collier County, Land Development Code and Growth Management Plan in effect at the time of development order approval. Where this PUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC in effect at the time of issuance of any development order that is otherwise applicable shall apply. Ao Unless otherwise noted, the definitions of all terms shall be the same as thc definitions set forth in Collier County Land Development Code in effect at the time building permit application. Bo Ali conditions imposed and all graphic material presented depicting restrictions the development of Venetian Plaza shall become part of the regulations which govern the mariner in wh/ch the PUD site may be developed. Co Unless modified, waived or excepted by this PUD. the provisions of any other sections of the Land Development Code. where applicable, remain in tull force and effect with respect to the development of the land which comprises this PUD. Do Development permitted by the approval of this Petition will be subject to a conetm'ency review under the provisions of Division 3.15. Adequate Public Facilities. of the Land Development Code, at the earliest or next to occur of either f'mal SDP approval, final plat approval, or building permit issuance applicable to this development. t713 DE$(~RIPTION OF TIlE PUD MASTER PLAN AND PROPOSED LAND USES Ao The PUD Master Plan. including layout of internal vehicular circulation and usc land for the various tracts, is iljustrated graphically by Exhibit "A". PUD Master Plan. All conditions imposed herein or as represented on Venetian Plaza Master Plan am l:mrt of the regulations ,~,hich govern the manner in which the land may be developed. A maximum of 90.000 square feet of gross building area may be consm~ed within the Venetian Pla~a PUD. The specific location and size of individual tracts and the assignment of square footage or uxfits .shall be determined at the time of CourtD' development approval. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County development approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of thc Collier County LDC. Co In addition to the various areas and specific items shown in Exhibit "A". such easements as necessary. (utility.. private, semi-public) shall be established within or along the various tracts as may be necessary. D° Development of the uses authorized in Section 3.2 shall not be permitted until such time as the Future I.and Use Element of the Growth Management Plan providing for an Offic~ and In-fill Subdistrict is found to be in compliance by the Florida Depnrtm~t of Community Affairs. In the interim, uses authorized by Section 2.2.12. Commercial Professional District (C-l) and Commercial Professional Transitional District (C-l/T), of the Land Development Code in effect at the date of the approval of this PUD rezone shall be permitted subject to the requirements that the gross floor ar~ of authorized uses shall not exceed 25,000 square feet. Land uses which are permitt~ throughout the Urban Mixed Use District and permitted within the Venetian Pla,-a PUD, such as churches, child care centers, and assisted living facilities are not subject to the 25,000 square feet gross floor area restriction. 2.4 RELATED PRO.JEC'F PLAN APPROVAL R]~.. QUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of tl~ PUD, final plans of all required imt:n~vements shall receive approval of tl~ aiapropriate Collier County governmental agency to insure compliance with t~ PUD Master Plan, the Collier Comaty Subdivision Code and the platting laws of the State of Florida. 17B 2-3 Bo Exhibit "A". PUD Master Plan. constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat. if applicable, shall be submitted for the entire area covered b'v thc PUFJ Master Plan. Any division of property and the development of th~ land shall be in compliance with Division 3,2 of the Collier County Land Development Code. and the planing laws of the State of Florida. Co The provisions of Division 3.3 of the Collier Count-,' Land Development Code, when applicable, shall apply to the development of ali planed tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. SALES Ai'N'D ¢ONSTRI,ICTiQN OFFICES Wet or dry temporary, offices used for sales functions and/or construction o.~ces and their support facilities shall be permitted uses in conjunction with the promotion and development of the Venetian Plaza PUD. These uses shall be subject to thc requirements of Section 2.6.33.3. Section 3.2.6.3.6 and Division 3.3 of the Collier County Land Development Code. Construction trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 64E-6. Florida Administrative Code, and may utilize potable or irrigation wells. Non-pemianent s~le$ e...cnter$ exceeding 120 day duration shall connect to the County sewer system if available. If Sewer Service is not available, a septic system shall be required. All permitting shall be done through thc Collier County Public Health Unit. 2.6 AMENDMENTS TO PUD DQCI)'ME. NT OR PUD MASTER PLAN ~ts may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ~TIQN OF PROPERTY OWNERS FOR COMMON AREA MAII~I-zNANCg Wtmne-cer the developer elects to crente land area and/or amenities whose ownership and maintenance responsibility is a common interest of all of the sutmeq~nt ~ of property within said development in which the common interest is ~ that daxeloper entity shall provide sppropgia~ legal instntments for the ~ of a Property Owners' Association whose function shaJl include a 2.8 2.9 provision for the perpetual care and maintenance of ali common facilities and open space subject further to the provisions of the Collier County Land Development Code. Section 2.2.20.3.8. DESIGN Gt, JIDELINES AND STANDARDS The Venetian Plaza will feature an integrated and compatible architectural building style. All buildings will be developed in accordance with Collier County Land Development Code. Division 2.8. Architectural and Site Design Standards. unless the specific building use is otherwise exempt from the provisions of said Division 2.g. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl, The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is permitted. Off-site disposal ofthis material is also permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code whereby off-site removal shall be limited to 10% of'the total up to a maximum of 20.000 cubic yards. All other provisions of Division 3.5. are applicable. 3.1 3.2 SECTION III OFFICE AND LOW INTENSITY COMMERCIAL AREAS The p~ of this Sectton is to Identify thc type of office and low intensity commercial uses and development standards that will be applied to ~hc areas designated on Exhibit "A". USES PERMITTED A maximum of 90.000 square feet of gross building area may be constructed within the Venetian Plaza PUD. No building or structure or pan thereof, shall be erected. altered or used. or land used, in whole or pan. for other than the following: uses. 1. Accounting, auditing and bookkeeping services (group 8721 ). 2. Automobile parking (group 7521). 3. Building Construction (groups 1521-1542 office ~ace only). 4. Business services {groups 7311, 7313. 7322-7331. 7338, 7361, 7371, 7372. 7374-7376. 7379). 5. Child day care services Cgroup 8351 ). 6. Depository instxtutions (groups 6011-6099, including drive-through facilities). 7. Eating Places (group 5812, not to exceed 1.700 square feet. and excluding free- smading, faat food and/or drive-through restaurants and shall be permitted only on th~ northemmo~ 300 feet of PUD as mea~axred from the front property line) $. Engineering, architectural, and surveying services (groups 8711-8713). 9. General Governmental Agenci~ {'groups 9111-9199) I0. Group care facilities (category I and II, except for homeless shelters); care units. exe.~t for homeless shelters; nursing homes; assisted living facilities and continuing care retirement communities, all subject to section 2.6.26. 11. Health Clubs (groups 7991, except that such uses may not be free-standing facilities and shall not be located on the south 400 feet of the PUD). 12. Health Sm'ices (groups 8011-8052, 8071-8092 except that dental and medical ~ ~hall be permitted as an ancillary use to offices and clini~ of other health pr~'titioner~, 8099). 13. Holding and Other Investment Officc~ (groups 67124799) 14. Hom~ ftmfiture azxl furnishings stores (gt'm~ 5712-5719) 1:5. Individual and family social serv-icea (SXOUp 8322 including only activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 3.3 3-2 i 6. Insurance careers, agents and brokers (groups 6311-6399.641 I ~, 17. Justice. Public Order. and Safety (groups 9221. 9222.9224.92291 I 8, Legal services (group 8111 ). 19. Management and public relations services (groups 8741-8743. ~¢748 I. 20, Membership Organizations (groups 8611-8641. except fraternal lodges, bars and restaurants for member only; groups 8651-8699) 21. Miscellaneous personal services (group 7291L 22. Museums and an galleries (group 8412). 23. Nondepository credit institutions (groups 6141-6163 I. 24. Personal services ( groups 7212,723 I. 724 I. 7261. except crematories. 7291 t. 25, Real estate (groups 653 i -6541 ). 26. Veterinarian's office (group 0742. excluding outdoor kennelin~,~. 27. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. Uses aexeasory to permitted uses. 1. U~"~ and structures that arc accessory, and incidental to thc uses permitted. 2. Caretaker's residence, subject to Section 2.6.16. DEVELOp~ME3'T STANDARD,_S The following development standards shall apply to all permitted and accessory uses. I. Minimum Yard Requirements: Front: Side: 2. Minimum Lot Area: 3. Mix,hum Lot Width: 4. Maximum Bldg. Height: 5. l~inlmum Floor Area: 8. Separation: Equal to building height, with minimum of 35 feet 25 feet for structures up to two (2) stories in height and 35 feet structures exceeding two (2) stories, except that yards adjacent to the eastern property line of the PUD may be 15 feet. 45 feet from centerline of Tennis Court Lane 10,000 SF 100 feet Three (3) stories, not to exceed 45 feet, except that no building constructed within 200 feet of the ~outherly property line shall exceed 35 feet in height, which will aecommo,~te a 2-story building with pitched roof. 1,000 square feet for rn4ncipal structures Fil%en Feet 1.7B SECTION IV 4-1 4.1. 4.2. 4.3. 4,4. DEVELOPMENT COMMITMENTS PURPOSE The purpose of this section is to set forth the development commitments for thc development of the project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws. codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code. Division 3.2. shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlinod in this document. The developer, his successor or assignee shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigne~ in title is also subject to any commitments within this agreement. PUD MASTIER PLAN A. Exhibit "A" PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land uae boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other insmm~ents shall be granted to insure the continued operation and maintermnc~ of ali service utilities and all common areas in the project. MONITORING REPORT A/TD SUNSET PROVISION A. The Venetian Plaza PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 1.7B 4-2 B. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier Count.',' Land Development Code. 4.5. TRANSPORTATION Primary site access shall be from Vanderbih Beach Road and shall be consistent with the County's Access Management Policy, Resolution 92.-422, as amended. No permanent project ingress/egress shall be permitted to Tennis Court Lane. Bo Access points shall be coordinated with the adjacent development to the east. such that future traffic signalization may be accommodated. Should the traffic signal identified on the Collier County Access Management Plan be located at the project's eastern property boundary, and serYe as a project access, the applicant, or successor in title, shall be responsible for a fair share contribution toward the cost of this signal. Co The developer shall be responsible for the installation of arterial level street lighting at all project entrances prior to the issuance of certificates of occupancy', exclusive of the model center. Do Road impact fees shall be paid in accordance with Ordinance 92-22. as amended. and shall be paid at the time building permits are issued unless othe~'ise approved by the Board of County Commissioners. Ee The developer commits to provide for an interconnection to the parcel to. the east (Walgreem PUD) in order to facilitate bi. directional traffic movements between the two projects. Such movements may be accommodated through a joint access point to Vanderbilt Beach Road, through a cross access easement on both properties, or by some other appropriate means. Said commitment is subject to a similar commitment from Walgreens PUD, and is further subject to negotiation of any applicable fair share contribution. Nothing in this commitment shall restrict the fight of Venetian Plaza PUD to obtain access to Vanderbilt Beach Road. 4,6. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. In ae.,exnqanc~ with the rules of the South Florida Wau."r Management District (SFWMD), Chapter 4OE-4 and 40E-40, this project shall be designed for a storm eve~ of a 3-clay duration and 25-year return ~. r: 4'7, 4.8. 4.9 4-3 B. Drainage outfall shall be designed for discharge to the Airport Road Canal. unleSs an ahemate ot,tfall is approved by Collier Count.,,' or the South Florida Water Management District. .u'rlLIVlg$ The development of this PUD Master Plan shall be subject to and governed by the following conditions: Water distribution, sewage collection and transmission systems shall be consm~eted throughout the project by the developer at no cost to Collier County and the State of Florida. Potable water and sanitary sewer facilities constructed within planed rights-.of-way or within dedicateci County utility easements, required by the County, shall be conveyed to the County for ownership, operation and maintenance pursuant to Collier County Ordinance No. 97-17, as amended and all State and Federal regulations and adopted policies in effect at the time of conveyance. All potable water and sanitary sewer facilities cortstructed on private property and not required by the County to be located within County utility easements shall be owned, operated and maintained by the developer, his assigns or successors. All customers connecting to the potable water distribution system shall be customers of the County and shall be billed by the County in accordance with the County's established rates. Collier County shall assume ownership and maintenance responsibility for any lift station required to serve the Venetian Plaza, should such lift station also be designed to serve adjacent site(s), ENGINEERING A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. B. Work within Collier County fight-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. ~APING All required landscape buffers shall be in acco/dance with Section 2.4.7.4. of the Collier County Land Development Code. 1713 4.10. 4.11. 4.12. 4.13. 4-4 B. A 20 feet wide. Type B landscape buffer in accordance with Section 2.4.7.4 of the Collier County Land Development Code shall be required along the southern boundary of the Venetian Pla.za PUD. ENVIRONMENTAl. The developer shall be required to remove all prohibited exotic vegetation on site and to prevent reinvasion of prohibited exotic vegetation by maintaining the site exotic-free in perpetuity. ACCESSORY STRUCTURES Accessory, structures shall be constructed simultaneously with or following the construction of the principal structure{s). Temporary, offices to be used for sales functions and/or construction offices may be constructed prior to the construction of principal structures. All signs shall be in accordance with Division 2.5 and Division 2.8 of thc Land Development Code. except as identified herein. POLLING PLACES Pursuant to Section 2.6,30 of the Land Development Code. provisions shall be made for the future use of building, space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the"Circuit Court of Collier Coun ,ry, which shall provide for a public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. This agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, property owners' associations, or tenants' associations. 17B 4-5 4.14. HISTORICAL/ARCHAEOLOG!CAL. The subject property is located outside an area of historic/archeological probability and therefore is granted a waiver pursuant to Section 2.2.25.3.10 of the Collier County. Land Development Code. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact or indicator is found, the developer shall invoke procedures as established in Section 2.2.25.8.1 of the Collier County Land Development Code. EXHIBIT B 4-I Legal Description for approximately .l-acre parcel owned by National Association of Police Organizations. Inc. West ~'3 of the East 1/2 of the Northeast 1/4 of the Northwest I/4 of the Northeast I/4 in Section 2. Township 49 South. Range 25 East. Collier County. Florida. and Legal Description for approximately 2-acre parcel owned by Walnut Acres Foundation. Inc. West 1/3 oft he East !/2 of the Northeast I/4 of the Northwest I/4 of the Nonhea.st 1/4 in Section 2. Township 49 South. Range 25 East. Collier County. Florida. UJ O ~ 17B STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-30 Which was adopted by the Board of County Commissioners on the llth day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of May, 1999. DWIGHT E. BROCK Clerk of Courts and ~lerk Ex-officio to Board of County Commissioners By: Ellie Hoffman, Deputy Clerk .i:.;~ State of FLortc~ County of CoLLier Before the uoderatgned authority, persor~tLy ~lr~ B. ~, ~ ~ ~th ~l t~t she se~ves :' 'Deity X~s, n ~tty ~ ~tt~ at ~ptes, ~ of ~erttst~ ~s ~ttM ~s~r ~ ~tes ttst~. ~fft~t furt~r ~s t~t t~ Mid ~tes x~s ts a n~s~r ~tt~ et ~tes, t, said ~tHer ~y, ftort~, ~ t~t the ~r ~ heretofore ~ ~ ~[tJ~ in ~td Co[Her ~y, Florida, elch ' ~ ~ ~s ~ ~ter~ os se~ cross ~it Meter ~ the ~st offtce CotLter C~ty, Ftort~, for a ~rg~ of I year ~xt prec~t~ t~ ftrst ~$~tt~ of atta~ ~ of ~ertt~t; 'furt~r ~ys t~t h ~s ~tt~r ~td ~r d$1~t, r~te, ~$1~t~ ~ ~ for the ~e of securt~ thtl ~ert~l~t for P1J~SHED ON: 03/28 AO SPACE: 159.(3<:)0 INCH FILED ON: 03/29/99 Signature of Affhmt . . .TO CONSOER ORDiNAtE No+kc ~. he~et~ glve~ thor on TUESDAY, ~L 13, 1~, In ~, ~d FI~, ~ C~, 3~1 E~ T~I Troll, Fl~J~, ~ ~d ~11 C~ ~ AN ORDINANCE AMENDING ORDI* NAHCE tJUMBER e1.1~, T~ ~L~R C~NTY LAND VELOPMENT CODE WHICH INCLUDES THE CO~PREHEN- ~ Z~ING RE~- LATIONS FOR THE UNINCOPPORAT~D AREA OF COLLIER COUNTY/ FLORIDA BY A~EN~ING ~FICIAL ZONING AT- LAS ~AP~ BY CHANGIt~G THE Z~ING CLASSIF~A- TION ~ T~ HEREIN DESCRIBED REAL P~OPE~TY "PUD" TO "PUD" ~L~NT KNeel AS THE CLUB ES- TATEr, A ~E~N- TIAL, ~N~E FA~ILY ~L~AENT, ~RTY L~ATED OF I~E OF CA~I ~O~ (~. 951) AP. PROX I~ATELY ' OFiE ~AILE N~TH ~ ~AT- TLESNAKE HA~- IH ~N 10, T~N SHIP 50 SOUTH RA~ 26 ~ST, C~: L~ C~r~Y, FL~L OA. CON~STI~ 25S +/. A~ES' ~O- VIDING F~ T~E RE- ~ ~-70, T~ SOL GOLF C~JNTRY ~U8 PUD-~9,1 1). ~OVIDING REPEAL OF ~DINANCE THE FOR~ER THE CL~ E~TATE~ OV/DING AN FECTIVE DATE, P~lt~ ilo, PMO.~.2 ~staJ E~i~ T~ Ck~ Et~ ~ to ~ ~ C~ Es~es P~ (~e ~ 97~9) ~ ~ +/. PUO (Ordinance No. ~-70} ~ a ~ ~ ~ ~e ~ file w~ ~e ~ol~e ~ I~- ~e ~,/~t~ to ~ ~1~ ~ ~ ~ ~lnlstretor PRIOR to re~z~ bY ~ ~ ~ o~d 10 ml~ Per~ons wishing lo ~rd ~e~o pockef~ o m~ M 3 we~s ~ ~* ~ r~e ~llc h~lng. I~ ~XX Norn~'~l Ic~l Advcm.~'mcnt [] Olhcr: ~. (Display Adv.. loot}on, clc) Originating ~ D~': Comm.~'.Sc~' ~lannmg Per. n: ~~ Dmc: ~'/~- ~ pctmon No {If none. give bncfd~nplionY PUD-9~-21 Petilioner: {Na~ & A~): David H. Fa~er. C~stal Engin~ring Consultants. Inc.. 31(~) South Hor<sh~ Dr.. Naples. Fi. 3410~ Name & Address of any ~n{s} Io ~ notified b} Clerk's Off, ce: tlf more space ~s needed, atlach ~paralc sheet} Hcanng bef,~rc XXX BCC Requested tleanng date Nc~sp.~pcrts) to be use. d BZA Other q //.~/ (~ Basedo~ad,.enisement',,ppcanugl~..&.,~.sbeforehear'ng tComplctc onl.v sf m:ponant) XXX Naples Daffy Ne~s$ Other [] l.egally Rcqt, rcd Proud Text: {Inclu~ le~l d~ription & common I~lion & Size: PUI)-gg-21. DavM Ii l-'am~cr. El. of C~stal Eng:n~ng Consul~ts. ~.. t~ting ~e Club Espies. L C. r~uc%tmg a rezone from 'PUD" to "PUD" ['lanncd 15n:~ i~vclopmcm m ord~ Io me. fie ~e Club Estal~ ~ I~di~n~ No 97~9) a~ ~ ~ a~es of ~¢ Casa I~l Sol PUD (~dman~ No X9-70 ~ snm a nc,~ }'lannc~ tJnit IMvcl~t rcf~ lo ~ ~ Ciub Es~l~ PUD '~h:ch ~11i c~tst of 51 resident:al d~clling un:ts ;md a common tennis rccrc~,t mn ar~ f~ ~ l~al~ ~ ~ ~ SI~ of C R q51 ap~oxtmalely one nule no~h ol Ralllcy. n~e I lamm~k R~x~d ~n Sccmm 0. '[o~:~lup 50 South. Range 26 F~I. C~IS~ C~t~, Flon~. c~ststsng of 25~ 7:: acr~ Companson petmon(s), if any & proposed henring dale: Docs point}on Fee in~lud~ advert)sing cosl? l)~s~ }lead Dale No If Yes. xslml account should be charged for advcr~ssmg cosls Approved by Cotml.~ N1;inagcr [)ale Lisl Allachments DISTRIBUTION INSTRUCTIONS A. For hearings before Bce or BZA: Initiating person to complete one coy and obtain Divi.~ion }lead approval before submitting to Count}' Manager. Note: If lel~al document i~ involved, be sure that any necessa~' legal review, or request for same, is submitted Io Count.v Altorney before submilling to Count)' Manager. The Manager's office ss'ill distribute copies: [] Cemnty Manager agenda file: lo [] Request}nfl Division [] O ril~inal Clerk's Office B. Other heanngs: Initiating Division head to approve and submit original to Clerk's OlT~ce. retaining a cop.,,' for FOR CLERK'S OFFICE USE ONLY: z./~/'/.~.f/,9 ~ Date Advertised: -,~,, o_.~' ,, Date Reccived:'--~_~/////~'9 Date of Public hearing: / ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 TIlE COLLIER COUNIY LAND DEVELOPMENT CODE WltlC[t INCLUDES TIlE COMPREIIENSIVE ZONING REGI,'I.ATIONS FOR DS' ~MENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0610S AND 0615: BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE CLUB ESTATES. A RESIDENTIAL. SINGI,E FANIII,'f DEVELOPMENT. FOR PROPERTY LOCATED ON TIlE WEST SIDI- OF ISLE OF CAPRI ROAD tC.R. 9511, APPROXIMA]'ELY ONE MILI~ NORTH OF RA~LESNAKE tlAMMOCK ROAD (C.R. 8641 SE~ION I0. TOXk~SHIP 50 SOUTH. RANGE 26 EAST. COU~Y. FLORIDA. CONSISTING OF 2552 ACRES: PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 89-70. TIlE FORMER CASA DEL SOL GOLF AND COUNTRY CLUB PUD {PUD-S9-11), AND PROVIDING FOR REPEAL OF ORDINANCE NUMBER 97-69. IHE FORMER THE CLUB ESTATES PUD (1'UD-97-9): AND PROVIDING AN [~FFECTIVE DATE. WttEREAS. David Farmer of Coastal Engineering Consultants. Inc.. representing Club Estates. Lic. ICharles Benton. Principal}. petitioned thc [~oard of ('ountv ('omm~ssi.mcrs change the zoning classification of the herein described real property: NOW. THEREFORE BE IT ORDAINED by the Board of County ('ommissioncrs of Collier County. Florida: The zoning classification of thc herein described real property located in Scctmn 'fownshlp 50 South, Range 26 East. (.'oilier County. Florida. is changed from "I'UI)" m "I't'D" Planned Unit Development in accordance with thc Club Estates PUD [)ocum~-nt. attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 0610S and 0615. as described Tn Ordinance Number 91-102. the Collier ('ountv [,and Development Code. are herebv amended accordingly. Ordinance Number 89-70. known as the Casa Del Sol Golf and ('ount~, (']ub PI,q) (PUD-89-1 I). adopted on October 24. 1989 hy the Board of County Commissioners of Collier County, and Ordinance Number 97-69, known as The Club Estates PUD [PUD-~)7-9). adopt;d November 4. 1997 by' the Board of County Commissioners o£ Collier County, arc both hcrchv repealed in their ~,'ntirety. This Ordinance shall become effective upm'l filing with thc Department PASSED AND DULY ADOPTED by the Board of County Comnusgioners of Collier County, Florida. this ___~ day of , 1999, BOARD OF COUNTY COMMISSIONERS COI.LIER COL.~T¥, FI.ORIDA ATTEST: DWIGHT E. BROCK. Clerk PAMELA S. MAC'KIE, CIfAIRWOM.,\N APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANrr COUNTY ATTORNEY PUD-98.21 ORDINANCE THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT i7C ,l REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THE CLUB ESTATES, L.C. 4141 ISLE OF CAPRI ROAD NAPLES, FLORIDA 34114 PKEPAKED BY: COASTAL ENGINEERING CONSULTANTS, INC. 2800 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 CEC FILE NO. 98,127 AMENDED~lS, 1998 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER I)7-69 AMENDMENTS AND REPEAL Exhibit "~" TABLE OF CONTElS~I'$ LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE PAGE i ii SECTION SECTION SECTION SECTION SECTION SECTION I PROPERTY OWNERSHIP AND DESCRIPTION II PROJECT DEVELOPMENT REQUIREMENTS [] LOW DENSITY RESIDENTIAL AREA PLAN IV COMMONS AREA PLAN V CONSERVATION/PRESERVE AREA PLAN VI DEVELOPMENT COMM]~S IST OF E ITS AND T LES EX'BIT A EXHIBIT B PUD Master Plan Typical Lot Plan 17C The development of approximately 254.6 acres of property in Collier County, as a Planned Unit Development to be known as THE CLUB ESTATES will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of THE CLUB ESTATES will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the C-nav,'th Management Plan for the following reasons: Residential P ro'el.~ The subject property is within the Urban Residential Land Use Desi~ation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 ,and Policy 5.3 of the Future Land Use Element. The ~bject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements ace planned to be in compliance with the Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and I. of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functior;s v.:d to serve as project amenities. The projected gross density of 0.19 d.u. per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base density: 49 d.u. Project area: 254.6 Acres 49 d.u./254.6 Ac - 0.19 d.u./Ac. Density allowed = 3 d.u./Ac. 1.2 1.3 1.4 SECTION PROPERTY O~&~"ERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and tO describe the ~xi.qing conditions of the property proposed to be developed under the project name of THE CLUB ESTATES. LEGAL DESCRIPTION The subject prop~'ty being 254.6 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 ~, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right- of-way and/or Utility Easements, as appear in those ctxtain deeds and instruments recorded at O.IL Book 1952, Page 2219. and commencing at the northeast comer of Section 15, TSOS, R26E, Collier County, Florida; thence along the North line of said Section 15, S87°37'14"W 100.16 feet to the West fight- of-v-ay line of CR-951 for a PLACE OF BEGINNING; thence along said West of fight-of- ,.,,'ay line S00~51'SY'W 892.87 feet; thence S87°4Y59"W 4870.63 feet to the West line of said Section 15; thence along said West Section line N00°15'2Y'W 882.49 feet to the Northwest corner of said Section 15; thence N87°37'14"E 4888.46 feet to the place of beginning, containing 99.33 acres more or less. ProPERTY The subject property is currently under the ownership of Richard K. Bennett, as successor Trustee of Land Trust 5385, the Club Estates L.C., and NATIONSBANK of Maryland, N.A. and Stephen M. Savage, as Co-Trtmees of residuary Trust C under the will of Bernard M. Savage. GENERAL DESCRIPTION OF PROPERTy AREA The project site is located in the South 1/4 of Secfionsl0 and 15, Township 50 South, Range 26 East. Generally, the project is located on the ;vest side of CR-951 approximately one mile north of Rattlesnake Hammock Road. Thc zoning classification of the original 155.8 acre property prior to the date of the original PUD Ordinance approval was Rural Agricultural. The zoning classification of the additional 99.33 acre property prior to the date of approval for this PUD Ordinance Amendment was PUD, Casa Del Sol, Ordinance No. 89-70. I-I 1.5 PHYSIC The undeveloped property is south of Naples National Golf Course development, east of the Naples Heritage Golf Course commurtity, northeast of the Wing Park South subdivision, north of undevel~ land and west of CR-951. The project is located in the C-4 Canal Drainage Basin. The average exis~g elevation is 9.5 NGVD with specific spot elevations ranging from 8.3 to 10.4 NGVD. The depths to bedrock in the area varies from some four (4) feet to more than twelve (12) feel All of the site is in Flood Zone X according to Firm Maps 120067 0605E and 120067 0415D. The soil typea on the site include Pineda fmc sand (approximately 75%), Boca fmc sand (approximately 20%) and Chobee (approximately 5%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.6 PRO The completed project will be a private gated community consisting of 49 residential lots, a common tennis recreation area and two interconnected lakes in northern area and three interconnected lakes in the southern ax-ea. The lots and lakes will be located on both sides of the perimeter access road. Each lot will have a permanent concrete block or stone retaining wall stm'ounding the lot and driveway. 1.7 $ItORT TITLE 'f'nis Ordinan~ shall be known and cited as the "THE CLUB ESTATES PUD." 1-2 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. G ENEIL.kL Regulations for development of THE CLUB ESTATES shall be in accordance ~Sth thc conlents of this document, PUD.Planned Unit Development District and other applicable sections and paris of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in thc County Land Development Code shall apply. Unless otherwise noted, thc definitions of all terms shall be the same a.s thc definitions set forth in Collier County Land Development Code in effect at thc time of building permit application. All conditions imposed and all graphic material presented depicting restriction~ for the development of THE CLUB ESTATES shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of any other sections of the l.and Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subjcct to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building pcrmil issuance applicable to this development. DESCRII:rl~IO~ OF PROJECT PLAN AND PROP .OSED LAND USES The project Master Plan. including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit 'A', PUD Master Development Plan. There shall be approximately six (6) land t~se tracts, plus necessary water management lakes and street rights--of-way, the general configm'ation of which is also iljustrated by Exhibit 'A'. II-1 TRACT DEVELOPMENT TYPE UNITS/S.F. H' ',~REA ..... L · ~[NGLE FAMILY LOTS i_ 49 79.7 AC T COMMON AREA/FENNIS CENTER 4,000 S.F. 0.9AC CA CONSERVATION AREA N/A 108.5 AC O LAKES AND CONSERVATION AREA N/A '" 48.2 AC R ROADS/RIGHT-OF-WAY N/A i 7.2 AC 11. TURN-LANE N/A' m '0.1 AC TOTAL 2546 AC 2.4 2.5 Areas iljustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon approval, para thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit 'A'. Minor modification to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Developmem Plan approval, ~bjecl to ~ provisions of Sections 3.2.6.3.5 and 2.7.3.:5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. In -addition to the various areas and specific items shown in Exhibit "A", such easements ,as necessav! (utility, private, semi-public, etc.) shall be established within or along the various Trac~ as may be ~. DESCRIPTION OF PRO.IEffI' DENSITY OR INTENSITY OF LAND USE A maximum of 49 single family residential dwelling units, shall be constructed in the total project area. The gross project area is 254.6 acres. The gross project density, therefore, will be a maximum of 0.19 units per acre. RELATED PROJECT PLAN APPROVAL REOUIRENIENTS mo Prior to the recording of a Subdivision Plat, for ali or part of the PUl), tinal plans of all required improvements shall receive approval of thc appropriate Collier County governmental agency to insure compliance with the PUD blaster Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code. and the platting laws of the State of Florida. II-2 2.6 Co Do The provisions of Division 3.3 of the Collier County Land Developmcnt Code when applicable shall apply to the development of all planned tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instnm~ents will be provided at the time of infra.structural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. MODEL H , ND. L F ILITIES Model homes/model home centers including a sales center shall be permitted in conjunction ~,4th the promotion of the development subject to the following: One "wet" and three "dry" models may be constructed prior to recording of a plat. Location is limited to future, platted single family lots. Permits for all models must be applied for by project owner. Bo The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupidd until a permanent certificate of occupancy is issued. Co The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. D° Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions taus', meet proposed plat configurations and all models cortstructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. Access shall be provided to each "dry" model from thc "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. F° Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes within the project only as provided herein. II-3 Go 2.7 2.8 The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fn'e protection facilities in accordance with NF?A requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and cons~cted so that it is integrated with thc master system for the entire development. AMENq)SfENT$ TO PUD DQCU~FEN'T OR PUD MASTER PLAN Amendments may be made to the PUD as provided in thc Collier County Land Development Code, Section 2.7.3.5. ASsOC'IATIO~ OF PI~OPERTY OWNERS FOR COMMON AREA MArN'rENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal in.stnm~ents for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 1I-4 17C 3.2 3.3 *Ii. .... s .c o m LOW DENSITY RESIDENTIAL AREA PLPuN The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract "L", Low Density Residential. MAXIMUM DWELLING For the purpose of this section Iow density residential is defined as 4 or less dwelling units per acre on the tract(s) allocated to this purpose. The maxiraum number of low density dwelling units allowed within the PUD shall be as follows: Tract "L" 49 Total 49 USES PE~ED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: I. Single Family Dwelling Unit 2. On-site sewage treatment plant/facilities (see Section 3.5) B. Acce.~sory Uses: Customary acce~ry uses ~md structures, including private garages. Cornmon recre2tion amenities. Detached Guest Hou~ Commercial Ex~vafions III-I 3.4 O £ V~ L O ~.~_.~_T~A~ ARD S. A. Bo Do Eo 17C All yards and set-backs shall be in relation to the individual lot b~undarics, except as otherwise provided. ~ LOT AREA: 20,000 square feet. NflNIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right-of-way and shall not include the narrow driveway portion of the lot. 1. Comer Lots - 100 feet 2. Interior Lots - 100 feet MINIMIYM LOT FRONTAGE: I. 30 feet, measured at the fight-of-way line. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. Please see the Typical Lot Plan, Exhibit 'B'. i. Front Yard: 50 feet from Right-of-Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shah be measured as follows: (a) If a lot or pamel is served by a public or private fight-of-way, setback is measured from the adjacent right--of-way line, even if the lot or parcel is "T" or flag shaped. C0) If a lot or parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or property line. III-2 Go Ho 3.5 ,MINIMUM FLOOR AREA: 1. 3,000 square feet ,MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: 1. 10 feet OFF-STREET PAKKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect the time of building permit application. ,MAXIMUM HEIGHT: Principal Stractur~ - 50 feet and 3 stories above the minimum base flood elevation. Accessory Structure - 35 feet and 2 stories above the minimum base flood elevation. SP ECIA_6.~_U_~ A portion of Tract "L' may be used as the temporary location of a sewage treatment plant and oxidation/evaporation pond if a the County treatment and collection system is not available to serve the project. At such time as the u-eatment plant is discontinued, all of Tract "L" shall be utilized for single family development as provided for by this Section. A. D~tELOPMENT STANDARDS MINIMUM YARDS: Structure - FiRy (50) feet fi'om sewage treatment plant parcel boundary. Ponds - 20 feet from sewage treatment plant parcel LANDSCAPED BUFFER REQUIREMENTS: Twenty (20) feet landscaped buffer pur~mnt to the planting and opacity requirements of Division 2.4 of the Land Development Code. 3. MAXIMUM HEIGttT: Thirty (30) feet. III-3 4,1 4.2 SECTION IV COMMONS AREA PLAN 170 The purpose of this Section is to set forth the development plan and development standards for the area(s) designed as Tracts "O" and "T", Commons Area/Conservation Area on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. ~D No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Lakes. 2. Open Spaces/Nature Preserves (Conservation Area). Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the commons areas. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Tennis courts, shuffle board courts, swimming pools, and other types of facilities intended for outdoor recreation. 6. Commercial Excavations. 7. Cen',x',fl Refuse Area (Tract TI Only). B. Accessory Uses: Clubhouse and other customary accessory uses for tennis facilities, or other recreational facilities. o Small enclosures or other structures consu'ucted for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. IV-1 4.3 4.4 D EVELOPM~Eb"r REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. Bo Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. Co There shall be no setback requirements for Tract "T" (tennis center) due to the isolated nature of the tract. Structures shall comply with the SFWMD and ACOE Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. F. MAXIMUM HEIGHT: 1. Principal Structure: 30 feet. 2, Accessory Structure: 30 feet. G. MINIMUM OFF-STREET PARKING AND LOADING No off-street parking is required for Tract "T" (tennis center). Access to the facilities will be by pedestrian, bicycle or golf cart, all of which will utilize a raised boardwalk for ingress-egress. No automobile traffic is anticipated. OFF-SITE REMOVAL Or EARTHEN MATERIAL The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby pertained. After consideration of fill acfi,,4ties on those buildable portions of the project site there will be a surplus of earthen material. Therefore, its off-site disposal is also hereby permitted subject to the following conditions: ho Commercial excavation v,-tivities shall comply with the definition of a "commercial excavation" pursuant to Division 3.5 of the Land Development Code. A Commercial Excavation Permit p~t to Division 3.5 of thc I.and Development Code must be obtained. B. MI other provisions of said D/vision 3.5 are applicable. IV-2 5.1 5.2 SECq'ION V CONSERVATION/PRESERVE AREA PLAN 1 7c Conservation/Preserve Area - The purpose is to preserve and protect native vegetation and naturally functioning habitat in their natural state. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal., permits when required; A. Principal Uses: I. Open Spaces/Nature Preserves. 2. La,kes as shown on the PUD ma.s~r p~an- Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. 4. Boardwalks subject to appropriate approvals by permitting agencies. Perimeter security fences or privacy walls may be eight feet high and will be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats. 6. Native vegetation landscaping. 7. Permitted mitigation activities. Vol 6.1 6.2 6.3 6.4 SECTION VI DEVELOPMENT COSL~,flTMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall bc constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable Stat~ and local laws, codes, and regulations applicable to this PUD. Except wher~ specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow thc Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the re'zoning of the property. In addition, any successor or assignee in title is also subject to any commitments within this agreement PUD MASTER PLAN Exhibit "A", PUD Master Plan, iljustratea the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land ute boundaries shall not be coastn~ed to be final and may be varied at any subsequent approval phase such as final platting or sit~ development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made bom time to time. All necessary easements, dedications, or other insmm~ents shall be granted to insure the continued operation and maintenance of all .service utilities and all coaunon areas in the project. SCHEDULE OF DEVEI.,OPMENT/MON!TORING REPORT AND SUNSET PROVISIQN. Infra.5'cr~cm, re: It is the developer's intent to construct the fn'st phase of infrastructure for the single family lots within two (2) years from the date of approval of the PUD Ordinance. VI-1 6.5 6.6 Recreational Facilities: By the time building permits for 50% of the residential units are issued, the developer agrees to have constructed the two (2) tennis courts in the location shown on the PUD Master Development Plan. No facilities shall be dedicated to Collier County. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenue~ collected by the Homeowners' Association. The Homeowners' Association By-Laws shall include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowners' Association. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Sun~ pl'ovisions; All PUD's shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. SUBSTITUTIONS TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS Substitutions to design standards to Division 3.2 of the Land Development Code shall be made pan ora concurrent application for Preliminary Subdivision Plat approval. TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by thc following conditions: Access from CR 951 shall be consistent with the County's Access Management Policy, Resolution 92-422, as amended. Co 'rum lanes in accordance with Ordinance 93-64, as amen&d, shall be required as a component of the construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. Nothing in any zoning approval shall operate to vest any right to a median opening in this project. Do The developer shall be responsible for the installation of arterial level street lighting at the project entrance as a component of the construction plan/final plat approval for the first development pha_~. They must be completed prior to preliminary acceptance of the Fha.se One subdivision improvements. VI-2 6.7 E. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. F. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of Cotmty Commissioners. G. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. l-{. Any required turn lane(s) will be constructed and paid for by the developer and any required right-of-way as a result of said turn lane will be dedicated to Collier County with no impact fee credit to the developer. I. The developer shall resev,'e 120' of right-of-way for a future e&st-west road along the south property line of the project. The developer shall be eligible for Road Impact Fee credits at the time the reserved right-of-way is dedicated. 3. The developer/applicant will be responsible for sidcv, alks and bicycle paths as required by Section 3.2.8.3,17 of the Land Development Code. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The SFWMD ERP Permit for the project. B. The ACOE Dredge-Fill Permit for the project. C. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Develo;,ment Code and the SFWMD rules. VI-3 6.8 The development of this PUD Master Plan shall be subject to and governed by the following conditions: mo Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. Water Facilities Looping and Stubs: Thc on-site water distribution system to serve thc project must be connected to the district's water main on CR-951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of thes~ facilities, the following features shall be incorporated into the distribution system: Dead-end mains shall be eliminated by looping the internal pipeline network. Stubs for future system intercormection with adjacent properties shall be provided to the property lines of the project, or the limit of jurisdictional wetlands, at locations to be mutually agreed to by the County and the developer during the design phase of the project. C. Connection to the County Central Sewer System or a Master Pump Station: The utility constxuction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is tra~mitted by one (I) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the s~ation will not be possible. The developer's engineer shall meet with County staff prior to commencing preparation of constriction drawings, .so that all aspects of the sewerage system design can be coordinated with the County's sewer mater pl'm. D. Off-site Utilities improvements: Water - The existing off-site water facilities of the district must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's water master plan to insure that the district's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the district's existing committed capacity. VI-4 6.10 Sewer - The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to tram'pon the additional wastewater generated without adverse impact to the existing transmission facilities. ENGINEERING The development of tl-fis PUD Master Plan shall be subject to and governed by the following conditions: Ao Bo Crmssed slopes of 3H:IV may be used for berm heights to 4 feet throughout the project based on the constn~ction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater than 4H: IV. Work within Collier County fight-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. ENVIROi~WIEh'rAL The development of ti-ds PUD Master Plan shall be subject to and governed by the following conditions: A. Permits or letters of exemption from the~U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shalt not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Co Al! conservat:on areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, and shall be dedicated to the Homeowners' Association with responsibility for maintenance. D. Buffers shall be provided around wetlands, emending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five .I~, (25) feet from the landward edge of wetlands. Where natural buffers are not \, ~t~o_ ssible, structural buffers shall be provided in accordance with the State of Florida '"' Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Fo An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Errvironmental Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and W'fldlife Service (USFWS) and Florida Game and Fresh Water Fish Commission CFGFWFC) regarding potential impacts to protected wildlife species. Where irrotected species are observed on rite, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. 6.11 ACCESSORY STRUCTURES Accessory structures shall be consla'ucted simultaneously with or following the construction of the principal structure except for a construction site office and model units. 6.12 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 6.13 LANI)SCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 the Collier County, Land Development Code in effect at the time of building permit application. (TYOU ~ JO 3'~ - t4;6 'U'D / o~ J~uJM'x~ QN'V ~ 30Ytf~l Maureen K. Kenyon From: murray_d [Don Murray~colliergov.net] Sent: Thursday, April 22, 1999 8:5:2 AM To: Subject: filson_s; johnson_c; martin_c; Maureen Kenyon; murray_s; nino_r; pedone_b The Club Estates PUD, PUD-98-21 Mr. David Farmer, Coastal Engineering. has requested another co¢,tinuance o1' PUD-98-21 from the scheduled April 27, 1999 BCC Meetj...ng~~.-.tgggJ~C_g Mee~__,g.:. '----'rh~'~tem was originally scheduled for the BCC consent agenda on April 13, 1999, and it was continued to April 27, 1999. IMaureen K. Kenyon From: murray_d [DonMurray@colliergov.net] Sent: Thursday, April 01, 1999 11:45 AM To: Maureen K. Kenyon Subject: FW: Request for Continuance PUD-98-21 THE CLUB ESTATES FYI--This is a request for a continuance of the Club Estates PUD (see below) 17C I From: nine r Sen', Thur~'da'/. A;)r~101, 1999 11:25 AM TO r'".,'ra/ d S.b?.-ct -RE Reqbest :or Con:;nua~,ce You "ced to mc!ude t,taureen Kenyon in your hst I From: murray d ~ Senl Wedne~'day. March 31. 1999 4:20 PM ~ To pedor'e b, f, lson s; iohnson c; marlin_c ICc n,r,o r .... J Subject - Request for Continuance David H Farmer, Coaslal Engineering Consultants. Inc, representing The Club Estates. L C.. requests a continuance o~' The Club Eslates PUD rezone, scheduled to be heard at the April 13, 1999 Board of County Cornmiss~oners' Meeting. to a hme certain being April 27, 1999 The Club Estates PUD was scheduled as a Summary Agenda item on lhe Board o1 County Commissioners' Agenda. If you ha.'e any queshons, please call me at ext 2484. (:c~~ '~ cove) ~** NAPLES DAILY NEWS .~a,'~.(]~: ELLIE HOFFMAN (912), ,! NOTICE OF INTENT TO CONSIDER ORDINANCE !;ctice is hereby given that on TUESD_AY_x APRIL 13 1999 . in the ~oardroom, Srd Floor, Administration Building, Collier County ,vernment Center, 3301 East Tamiami Trail, Naples, Florida, the Board County Commissioners will consider the enactment of a County ~dinance. The meeting will commence at 9:00 A.M. The title of the REGULATIONS FOR THE UNINCORPOPJ~TED AREA OF COLLIER COUNTY, FLORIDA BY ;J4EMDII~G THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0610S AND 0615; BY CHA/IGII;G THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLA}NED UNIT DEVELOPMENT KNOW~; AS THE CLUB ESTATES, A RESIDENTIAL, SINGLE FAMILY DEVELOPME}~T, FOR PROPERTY LOCATED ON THE WEST SIDE OF ISLE OF CAPRI ROAD (C.R. 951), APPROXi:4ATELY O:~E MILE NORTH OF PJ%TTLESNAKE HA/~240CK ROAD (C.R. 864) I~; SE=TI~J 10 TO~SHIP 50 SOUTH F3~;GE 26 EAST, COLLIER COUNTY, FLORIDA, CO!:SiSTI~;G OF 255± ACRES; PROVIDING FOR /HE REPEAL OF ORDI:~A/;CE :;hUmBER 89-70, THE FORMER CASA DEL SOL GOLF A/.;D COU~,;TRY CLUB PUD (PUD-89-11), A/;D PROVIDING FOR REPEAL OF ORDINA2;CE 97-69, THE FORMER THE CLUB ESTA!ES PUD (PUD-97-9); A2~D BY PROVIDI!.IG A~ EFFECTIVE DATE. Petition No. PUD-98-21, David H. Farmer, E.I.~ of Coastal Engineering Consultants, Inc., represen=ing The Club Estates, L.C., requesting a rezone from "PUD" to "PUD" Planned Unit Development in order to merge The Club Estates PUD (Ordinance No. 97-69) and 99~ acres of the Casa Del Sol PUD (Ordinance No. 89-70) into a new Planned Unit Development. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE, All persons wishing to speak cn any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behai~ of an organizaticn or group is encouraged. If recognized by the Chairman, a spokesperson for a group or crganization may be allotted 10 minutes to speak on an item. Perscns wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to ~he appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a Iecord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COU~TY COMMISSIONERS COLLIER CO~TY, FLORIDA ipAMELA S. ~AC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) March~ 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-21 Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 17C March 12, 1999 Mr. David Ho Farmer Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive ~;aples, FL 34104 Re: Notice of Public Hearing to Consider Petition PUD-98-21 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing° Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. 99- 2,1 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-1o2 Till:. COLLIER COUNTY LAND DEVELOPMENT CODE WI II(Il INCLUDES TIlE COMPREIlENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY. FI.ORII)A BY AMENDING TIlE OFFICIAL ZONING ATLAS *lAPS NUMBERED 0610S AND 0615; BY CttANGING 'FILE ZONING CI.ASSIFICATION OF TIlE ttEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVEI.OPMENT KNOWN :kS TIlE CLUB ESTATES. A RESIDENTIAt.. SINGLF. FAMII.Y I)F.\'EI.OPMENT. FOR PROPERTY t.OCATEI) ON TIIF. WI!ST SIDE OF ISI. F. OF CAPRI ROAD IC.R. 951 ). APPROXIMATEI.¥ ONE NORTII OF RATTLESNAKE IIAMMOCK ROAD fC.R. 8¢,4) IN SF. CTION ltl TOWNSIIlP 50 SOUTIt. RANGE 26 EAST. ('OI.I.II!R COUNTY. FI.ORIDA. CONSISTING OF 255_* ACRES: PROVII)ING FOR TIlE REPEAL OF ORDINANCE NUMBER 89-70, TIIE FORMER CASA DEl. SOL GOLF AND COUNTRY CLUB PUD (PUD-89-1 AND PRO\'IDING FOR REPEAL OF ORDINANCE NUMBER 97-69. TItF. FORMER TIlE CLUB ESTATES PUD {PUD-97-9): AND PRO\'IDING AN EFFECTIVE DATE. WI IEREAS. l,)ax id I:armcr of Coastal Engine(ring Consuh;n~ts. Inc.. representing ('lub ['~MiIICS. I,iC, tCbarlcs Benton. Principall. petitioned thc Board ,f ('Otltlly change' thc zoning classi fication of thc her(in de~ribcd real properly; NOW. TIIEREFORE BE !1 ORDAINED by thc Board of County C'ommissioncrs Collier Courtly. Florida: Thc zoning classification of Ibc herein described real pr-pcrly localcd lmvnship 50 Soufl~. Range 26 East. ('oilier County. Florida, i~ ch,m~ol lH-~nl "PI ;I)" I,~ "1'I ~I)" Planned Unit Development in accordance wifl~ thc C'ltfl~ Eslatcs PUD l)ocumcm, atl;~chcd her(lo as Exhibit "A" and inco~orated by reference herein. 'I he Official Zoning Atlas Maps numb(red tl610S and 0615. as described in Ordinance Number 91-I~12. ll~c Collier ('otmty land [)cvclopmcnt Code. arc hereby amended accordingly. Ordinance Number S9-70, known as Ibc Casa Del Sol ('Jolt' and ( IPUI)-Sg-! il. adopted on Oclobcr 24. 198') bx Ih( Board of C'ounly ('orators:sion(rs of {'.llicr County. and Ordinance Number 97-69. known as Thc ('lub Estates l"l[l) ~t'UD-07-9), adoplcd November 4. 1997 by the Board of County Commissioners of Collier Courtly. :~rc both hereby repealed in their entirety. 'l'h~ Ordinance shall become effective upon filing with thc Dcpamncnt .f Stale. 170 ATT EST: ~ttest a: to Chal~a~'$ $Ign~tur~ only. APPROVED AXJ TO FORM AND LEGAL SUFFICIENCY PASSED AND DULY ADOPTED by the Board of Counly Commissioners of Collier Counly. Florida, this/_/_~-~__ day of.~..__o~~, 1999. t~O^RD or couxT',' COMMISSIONERS N ' COLLIER COU, TS, FLORIDA / MAPUORIE M. STUDENI ^SSISTANT COUNTY ATTORNEY Pt,'D.glg.21 ORDINANCE 170 THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOP~T CODE PREPARED FOR: THE CLUB ESTATES, L.C. 4141 ISLE OF CAPRI ROAD NAPLES, FLORIDA 34114 PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 2800 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 CEC FILE NO. 98.127 AMENDED JUNE 18, 1998 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 97-69 AMENDMENTS AND REPEAL Exhibit "A" TABLE OF CONTENTS_ 1.7 LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE PAGE i ii SECTION SECTION SECTION SECTION SECTION SECTION I PROPERTY OWNERSHIP AND DESCRIPTION I! PROJECT DEVELOPMENT REQUIREMENTS III LOW DENSITY RESIDENTIAL AREA PLAaN IV COMMONS AREA PLAN V CONSERVATION/PRESERVE AREA PLAN VI DEVELOPMENT COMMITMENTS LIST OF EXHIBITS AND TABLES EXHIBIT A EXHIBIT B PUD Master Plan Typical Lot Plan 17C STATEMENT OF COMPLIANCE The development of approximately 254.6 acres of property in Collier County, as a Planned Unit Development to be known as THE CLUB ESTATES will be in compliance with the goals, objectives and policies of Collier County as set forth in the Grov, th Management Plan. The residential and recreational facilities of THE CLUB ESTATES will be consistent with thc growth policies, land development regulations, and applicable comprehensive planning objectives of each of the clements of the Growth Management Plan for the following reasons: Residential Proie, c, ~ The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use blap as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. o ]'he subject property's location in relation to existing or proposed community facilities and services permits the development's residential derk4ty as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary, to existing ,'md future surrounding land uses as required in Policy :5.4 of the Future Land Use Element. Improvements are planned to be in compliance with the Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.I-I and I, of the Future kand Use Element. ]-he project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Planned Unit Development includes open spaces and natural features 'which are preserved from future development in order to enhance their natural functions and to ser,'e as project amenities. The projected gross density of 0.19 d.u. per acre is in compliance v.-ith the Future I.and Use Element of Grov,'th Management Plan based on the follo~dng relationships to required criteria: Base density: Density allov,'ed 49 d.u. 25..t 6 Acrex 3 d.u.lAc. 1.1 1.2 1.3 1,4 170 SECTION I PROPERTY OWNERSIIIP MN'I) DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of THE CLUB ESTATES. LEGAL DESCRIPTION The subject property being 254.6 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right- of-way and/or Utility Easements, as appear in those ceaain deeds and instrtunents recorded at O.R. Book 1952, Page 2219. and commencing at the northeast comer of Section 15, TSOS, R26E, Collier County, Florida; thence along the North line of said Section 15, S87°37'14"W 100.16 feet to the West right- of-way line of CR-951 for a PLACE OF BEGINNING; thence along said West of right-of- way line S00°51'53"W 892.87 feet; thence S87°43'59"W 4870.63 feet to the West line of said Section 15; thence along said West Section line N00°IS'2Y'W 882.49 feet to the Northwest comer of said Section 15; thence N87°37'I4"E 4888.46 feet to the place of beginning, containing 99.33 acres more or less. PROPERTY OWNERSITIP The subject property is currently under the ownership of Richard K. Bennett, as successor Trustee of Land Trust 5385, the Club Estates L.C., and NATIONSBANK of Mm-yland, N.A. and Stephen M. Savage, as Co-Trustees &residuary Trust C under the will of Bernard M. Savage. GENER¢~,L DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/4 of Sectionsl0 and 15, Township 50 South, Range 26 East. Generally, the project is located on the west side of CR-951 approximately one mile north of Raulesnake Hammock Road. The zoning classification of the original 155.8 acre property prior to the date of the original PUD Ordinance approval was Rural Agricultural. The zoning classification of the additional 99.33 acre property prior to the date of approval for this PUD Ordinance Amendment was PUD, Casa Del Sol, Ordinance No. 89-70. l-I 1.5 PHYSI ,aL DES N 17 The undeveloped property is south of Naples National Golf Course development, east of the Naples Heritage Golf Course community, northeast of the Wing Park South subdivision, north of undeveloped land and ,,,,'est of CR-951. The project is located in the C-4 Canal Drainage Basin. The average existing elevation is 9.5 NGVD with specific spot elevations ranging from 8.3 to 10.4 NGVD. The depths to bedrock in the area varies from some four (4) feet to more than twelve (12) feet. All of the site is in Flood Zone X according to Firm Maps 120067 0605E and 120067 0415D. The soil types on the site include Pineda fine sand (approximately 75%), Boca fine sand (approximately 20%) and Chobee (approximately 5%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, is.sued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.6 PRO.IECT DES ,CRIPTION, The completed project will be a private gated community consisting of 49 residential lots, a common tennis recreation area and two interconnected lakes in northern area and three interconnected lakes in the southern area. The lots and lakes will be located on both sides of the perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot and driveway. 1.7 SttORT TITLE This Ordinance shall be known and cited as the "THE CLUB ESTATES PUD." I-2 2.1 2.2 2.3 SECTION II PRO.IEC~ DEVELOPMENT REQUIREblENTS PURPOSF... The purpose of this Section is to delineate and generally describe thc project plan of development, relationships to applicable County ordinances, the respective land uses of thc tracts included in the project, as well as other project relationships. GENERAL Regulations for development of 'l'ttE CLUB ESTATES shall be in accordance ~ith thc contents of this document. PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Pian in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in thc County l.and Development Code shall apply. Unless othe~Mse noted, the definitions of all terms shall be. the sanac ms thc definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for thc development of'DIE CLUB ESTATES shall become part of thc regulations which govern thc manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of an)' other sections of file Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD, I)evelopment permitted by the approval of this petition ~g{ll be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PRO,IECT PLAN AND PROPOSED LAND USES 'lEe project Master Plan, including layout of streets and use of land for thc various tracts, is iljustrated graphically by Exhibit "A", PUD Master DeveloPment Plan. There shall bc approximately six (6) land use tracts, plus necessary water management lakes and street rights-of-way, the general configuration of which is also iljustrated by Exhibit 'A'. II-1 1.70 'TRACT DEVELOPMENT TYPE ,I UNITS/S.F',."'{ AREA L SINGLE FA.MILY LOTS 49 79.7'AC' T COMMON AREA/I tzNNIS CENTER 4,000 S.F. 0.9AC CA CONSERVATION AREA N/A 108.5 AC .. 'O LAKES AND CONSERVATION AREA N/A 48.2 AC R ROADS/RIGHT-OF-WAY N/A 17.2 AC ... ~ TL 11JtLN-LANE N/A 0.1 AC TOTAL 254.6 AC 2.4 Areas illu~rated as lakes by Exhibit 'A' shall be constructed ~ lakes or, upon approval. parts thereof may be constructed as shallow, intermittent wet and d~ depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the scane general acreage as shown by Exhibit 'A'. Minor modification to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to thc provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County Land I')cvclopment Code or a.~ otherwise permitted by this PUD document. in addition to the various areas and specific items shov, xt in Exhibit "A:', such casements as nccessar?' (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. DESCRIPTION OF PRO.IE(Tr DENSITY OR INTENSITY OF. LANI) USE A maximum of 49 single family residential dwelling units, shall be constructed in the total project area. The gross project area is 254.6 acres. The gross project density, therefore, will be a maximum ot'0.19 units per acre. RELATED i'RO.IECr PLAN APPROVAL REQUIREMENT~ of all required improvements shall receive approval of the appropriate Coflier County governmental agency to insure compliance with the PUD Maste..r Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Sut'Mivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. An)' division of property and the development of thc land shall be in compliance with Division 3.2 of the Collier County. La.nd Development Code, and the platting laws of the State of Florida. II-2 2.6 1.7g 'I'ne provisions of Division 3.3 of the Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. 'l'he development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in confon'nancc v..ith requirements of Division 3.2 of the Collier County l.and Development Code prior to thc submittal of construction plans and a final plat for any portio:~ of the tract or parcel. Appropriate instruments ',,,'ill be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. ~IODEL IIOM£S A~ND SALF3 FACILITIES__ Model homc.~/modcl home centers including a sales center shall'be permitted in conjuncti,~n with thc promotion of the development subject to thc following: A. One "wet" and three "do'" models may be constructed prior to recording .of a plat. Location is limited to future, platted single family lots. Permits for all models must be applied for by project ov,'ner. B. The models permitted as "do' models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. D. Prior to recorded plats, metes and bounds legal descriptions shall be providcd to ,'md accepted by Collier Count)' as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footagcs, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road ,.,,'ill be allov.'cd. Access to thc "wet" model shall be provided by a paved road or temporary, driveway ,and shall have a supporting parking lot. F. Sales, marketing, and administrative functions are pcm~itted to occur in designated "wet" model homes vAthin the project only as provided herein. II-3 2.'/ 2.8 The "wet" model may be .~xved by a temporary utility system with ultimate connection to the central system, Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home. parking, access road/driveway and other impcrviou.s surfaces. Thc system shall be designed and constructed so that it is integrated with the m,xster v,,'stcm for the entire development. ~ RP DbIASTERPI,AN Amendments may be made to the PUD as provided in thc Collier County l,and Development Code, Section 2.7,3.5. FOR COMblON AREA MAhNTF, NANCE Whenever the developer elects to create land area ancttor recreation amenities xvhosc ownership and maintenance responsibility, is a common interest to all of the subsequent purchasers of property within raid development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a l'rope~y Owners' Association whose function shall include provisions for thc perpetual care and maintenance of all common facilities and open space subject further to the pro','isions of thc Collier County Land Development Code, Section 2.2.20.3.8. II-4 170 3.1 3.2 3.3 SECTION III LOW DENSITY RESIDENTIAL AREA PLAN PURPOS The purpose of this Section is to identify specific development designated on Exhibit "A' as Tract 'L", Low Density Residential. standards for areas blAXIMUM DWELLING UNITS For the purpose of this section low density residential is defined as 4 or less dwelling units per acre on the tract(s) allocated to this purpose. The maximum number of low density dwelling units allowed ~qthin the PUD shall be as follows: Tract "L" 49 Total 49 USES PERMI'Iq'ED_ No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or pm't. for other than the following: A. Principal Uses: Single Family Dwelling Unit On-site sewage treatment plant/facilities (me Section 3.5) Accessory. Uses: 1. Customary accessory uses and structures, including private garages. 2. Common recreation amenities. 3. Detached Guest Houses 4. Commercial Excavations I11-1 '1_7C 3.4 DEVELOPMEN-r STANDARDS Bo GENEI~L: All yards and set-backs shall be in relation to the individual lot boundaries, except as otherwise provided. MINIMUM LOT .auREA: 20,000 square feet. MINqMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the fight-of-way and shall not include the narrow driveway portion of the lot. 1. Comer Lots - 100 feet 2. Interior Lots - 100 feet Do MINIMUM LOT FRONTAGE: 1. 30 feet, measured at the right-of-way line. MINIMUM YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard df zero feet is justified. Please see the Typical Lot Plan, Exhibit "B". 1. Front Yard: 50 feet from Right-of-Way. 2. Side Yard: 0 feet Rear Yard: 0 feet Front yard setbacks shall be measured as follows: (a) I£ a lot or parcel is sev,'ed by a public or private fight-of-way, setback is measured from the adjacent right-of-way line, even if the lot or parcel is 'T" or flag shaped. (b) If a lot or parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. (c) if a lot or parcel is sep,'ed by a planed private drive, setback is measured from the road easement or property line. Iii-2 17 C 3.5 Fo Go MINIMUM FLOOR AREA: i. 3,000 squan: feet MINIMUM DISTANCE STRUCTURES: BETWEEN PRINCIPAL AND ACCESSORY 1. 10 feet OFF-STREET PARKING AND LOADING REQUIREMENTS As requked by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. Ng',,XI MUM HEIGHT: Principal Structure - 50 feet and 3 stories above the minimum base flood elevation. Accessory Structure - 35 feet and 2 stories above the minimum b~se flood elevation. SPECIAL USE A portion of Tract "L" may be used as the temporary location of a sewage treatment plant and oxidation/evaporation pond if a the County treatment and collection system is not available to serve the project. At such time as the treatment plant is discontinued, all of Tract "L" shall be utilized for single family development as provided for by this Section. DEVELOPMENT STANDARDS 1. MINIMUM YARDS: Structure - Fifty (50) feet from sewage treatment plant parcel boundary. Ponds - 20 feet from sewage treatment plant parcel 2. I.A.%'D~A/'I~ ~ ~~T/~: T~,~O' /29/ ~ Division 2.4 of the Land Development Code. 3. MAXIMUM HEIGHT: Thirty (30) feet. III-3 4.1 4.2 SECTION IV COMMONS AREA PLAN PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area(s) designed as Tracts "O" and 'T', Commons Area/Conservation Area on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilitiesi' Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. USES p EI:LMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Lakes. open Spaces/Nature Preserves (Conservation Area). Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the commons areas. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Tennis courts, shuffle board courts, swimming pools, and other types of facilities intended for outdoor recreation. 6. Commercial Excavations. 7. Central Refuse Area (Tract T1 Only). Bo Accessory Uses: 1. Clubhouse and other customary accessory uses for tennis facilities, or other recreational facilities. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. IV-I 4.3 4.4 .DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. B. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts and a landscaped and maintained buffer shall be provided. C. There shall be no setback requirements for Tract 'T" (tennis center) due to the isolated nature of the tract. Structures shall comply with the SFWMD and ACOE D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. Go MAXIMUM HEIGHT: 1. Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. MINIMUM OFF-STREET PARKING AND LOADING No off-street parking is required for Tract "T' (tennis center). Access to the facilities will be by pedestrian, bicycle or golf cart, all of which will utilize a raised boardwalk for ingress-egress. No automobile traffic is anticipated. OFF-SITE REMOVAL OF EARTHEN MATERIAL. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. After consideration of till activities on those buildable portions of the project site there will be a surplus of earthen material. Therefore, its off-site disposal is also hereby permitted subject to the following conditions: A. Commercial excavation activities shall comply with the definition of a "commercial excavation" pursuant to Division 3.5 of the Land Development Code. A Commercial Excavation Permit pursuant to Division 3.5 of the Land Development Code must be obtained. B. Ail other provisions of said Division 3.5 are applicable. IV-2 SECTION V CONSERVATION/PRESERVE AREA PLAN 17C 5.1 5.2 PURPOSE Conservation/Preserve Area - The purpose is to preserve and prot..'ct native vegetation and naturally functioning habitat in their natural state. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in ,~hole or in part, for other than the following, subject to regional state and federal permits when required; A. Principal Uses: o Open Spaces/Nature Preserves. Lakes as shown on the PUD master plan. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. Boardwalks subject to appropriate approvals by permitting agencies. Perimeter security fences or privacy walls may be eight feet high and will be placed in areas with the least impact to the conservation areas, such as along the private road which is the most disturbed or in areas of least impact to native plants and naturally functioning habitats. 6. Native vegetation landscaping. 7. Permitted mitigation activities. V-! SECTION VI DEVELOPMENT COMMI~IENTS 6.1 6.2 6.3 6.4 PURPOSE The purpose of tl~s Section d~'elopment of the project. is to set forth the development comments for the GENT. RA .L. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, Iris successors and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, anY successor or assignee in title is also subject to any commitments within this agreement. PUD MASTER PLAIN: Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary, easements, dedications, or other instnanents shall be granted to insure the continued operation and maintenance of M1 service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISIOM A. Infrasmtcture:. It is the developer's intent to construct the first phase of infrastructure ~'or the single family lots within two (2) years from the date of approval of the PUD Ordinance. VI-1 6.5 6.6 Co Recreational Facilities: By the time building permits for 50% of the residential units are issued, the developer agrees to have constructed the two (2) tennis courts in the location shown on the PUD Master Development Plan. No facilities shall be dedicated to Collier County. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeovmers' Association. The Homeowners' Association By-Laws shall include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the ttomeowners' Association. Monitoring Report;. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. D. Sun.~t Provisions.; All PUD's shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. SUBSTITUTIONS TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS. Substitutions to design standards to Division 3.2 of the Land Development Code shall be made pm ora concurrent application for Preliminary Subdivision Plat approval. TRANSPORTATIO~ The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Access from CR 951 shall be consistent v;ith the County's Access Management Policy, Resolution 92-422, as amended. B. Turn lanes in accordance with Ordinance 93-64, as amended, shall be required as a component of the construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdMsion improvements. C. Nothing in any zoning approval shall operate to vest any right to a median opening in this project. D. ]'he developer shall be responsible for the installation of arterial level street lighting at the project entrance as a component of the construction plmv'final plat approval for the firs~ development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. VI-2 6.7 Fo Go Il. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Road Impact Fees shall be paid in accordance ,.,,5th Ordinance 92-22, as amended. and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Road improvements required for this project, both site specific ,-md system capacity. shall be in place prior to the issuance of any Certificates of Occupancy for the development. Any required turn lane(s) will be constructed and paid for by the developer and any required right-of-way as a result of said turn lane will be dedicated to Collier Count)' with no impact fee credit to the developer. The developer shall reserve 120' of right-of-way for a future east-west road along the south property line of the project. The developer shall be eligible for Road Impact Fee credits at the time the reserved right-of-way is dedicated. The developer/applicant will be responsible for sidewalks and bicycle paths its required by Section 3.2.8.3.17 of the Land Development Code. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and govemed by the following conditions: A. The SFWMD ERI' Permit for the project. B. C. The ACOE Dredge-Fill Permit for the project. An excavation permit ssSll be required for the protx~sed lakes in accordance with Division 3.5 of the Collier Count)' Land Development Code and the SFWMD rules. VI-3 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the district's water main on CR-951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: Dead-end mains shall be eliminated by looPing the internal pipeline network. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, or the limit of jurisdictional wetlands, at locations to be mutually agreed to by the County and the developer during the design phase of the project. C. Connection to the County Central Sewer System or a Master Pump Station: The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The developer's engineer shall meet with County staff prior to commencing preparation of construction drawi, ngs, so that all aspects of the sewerage system design can be coordinated with the County's sewer mater plan. D. Off-site Utilities Improvements: Water - The existing off-site water facilities of the district mu.~t be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the Cotmty's water master plan to insure that the district's water system can hydraulically provide a sutTtcient q.uantity of water to meet the anticipated demands of the project and thc district's existing committed capacity. VI-4 6.9 6.10 Sev,'er - The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary' to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: ho Grassed slopes of 3H:IV may be used for berm height~ to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no greater than 4H:IV. Bo Work v.'ithin Collier County right-of-way shall meet the requirements of Collier County Right. of-Way Ordinance No. 93-64. [ENWIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Permits or letters of exemption fi.om the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Co All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, and shall be dedicated to the Homeowners' Association with responsibility for maintenance. VI-5 Do Eo Buffers shall be provided mound wetlands, emending at least fifteen (15) feet landward fi.om the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Plamning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, v,'ith emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply ,,,,'it& the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission ffGFWFC) regarding potential impacts to protecte[t wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. 6.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 6.12 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 6.13 I,ANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. VI-6 '~.7C 17C ORDINANCE NO. ~'}- AN ORDINANCEAMLNDINGORD1NANi.E NILMBFR 91. 102 fill: ('OLI.IER COI.'N'IY LAND DEVELOPMFNT ¢'f)DE WllI('I{ IN('I.UDES IIIE COMPREIIENSIVE ZONING REfiLTA'Hf)NS FOR IHE L.~INCORPORATED AREA OF COLLIER COI,NIY. FIDRIDA !15' AMENDING IIIE OFFICIAl. ZONING A FI.AS MAPS NIiMBERED {X~ll)S AND 0615: BY CItANGING HIE ZONIN(; ('L..',,SS[FICAIION OF TIlE }IERE[N DF.S('RtBED RI!Al. ['Ri FROM "PUD" TO 'PUD" PLANNED [;NIT DEVELOPMEN'I KNOWN AS THE CLUB ESTATES. A RESIDENTIAL. SIN(ii.fi F:'~NI{I.Y DEVELOPMENT. FOR PROPERTY LOCATED ON IIIE WEST OF ISLE OF CAPRI ROAD IC.R. 951 }. APPROXIMATI..I.Y ONE MILE£ NORTH OF RATTLESNAKE IIAMMOCK ROAD ¢C.R. 8{,.lj SECTION 10. TOg,,~SHiP 50 SOUTH. RANGE 2t, EAST. COI.I.IER COliNFy. FI.ORIDA. CONSISTING OF 255: ACRES: PR¢)VIDINf; {"¢)R lite REPEAL OF ORDINANCE NUMBER 89.70. I}IE FORMI:R {'ASA DEL SOL GOLF AND COL~'N'TRY CLUB PUD {PUD-,'qO-Ill. AND PROVIDING FOR REPEAL OF ORDINANCE NL'MBER tile FORMER TIlE CLUB ESTATES PUD ~I'l'I'}-,tT.,~}: AvD t'ROVIrIING AN EFFECTIVE DARE. WIIEREA.$. Da%.M F.u'mer of Coastal Engineering ¢'on.,,ultants. Inc. rcpr"csenlmg change :he 7omng cl&~s~fical~on nflhe herein de<n~d real pmpc~). NOW. THEREFORE BE IT ORDAINED by the Bo~d of ('ounty ('ommlssmner~ ('olli~ County. ~ON O~ The /,,nmg classtllcamm of thc hereto described real propc~} I,<alcd m %cotton lo'ansh~p 50 South. R~ge 26 E&% ('olher County. Florida. ~s ch~gcd from "P{ D" to Planned I'ml Developm~t m accordance ~lth lhe ('lab Estates [H;D [),~tlmcnl..lllached hcrcl,~ a~ Exhlblt "A" and lnco~rattM by relerence hereto. ~e OIfic~al ~onmg Atlas Maps numbered o610S ~d 'g~lS. ~ d~n~l m (~hn~ce Numar 91-I02. the ('olher ('ounty I.and Development ('~Me. ~e hereby amend~ accordingly Ord:n~ce Num~ 89-70. known &q :he ('&~a De; Sol (}oil and (',marry ('lub Pl_'D-89- 1 [ }. ~ted on ~to~ 24. 1989 by the [{,*ard ,~,f ('aunty ('omm~s~.~oncrs of ('olhcr 'ounly. :md Ordm~ce Numar 97-~,'L knoa~ ~ D~e Club kslnle~ P{ 'D IPI 'I)-'~7.9). adopted No~cmbcr 4. 1~17 by Ihe Board of County f'omrms~mners r,t (',,liter ('~mn~y. arc ~>~h Ilctch~ r~aled in lhe~r enllrety. Ih~s Ord:n~qce shall ~ome eft<live u~n fihng a~th the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida. this d~y of .19gO. BOARD OF COL,~TY COMMI$$N)NF. RS COLLIER, COUNTY. FLORIDA AFT EST: DWIGHT E. BROCK. Clerk PA,Mt:LA S..',.IA(.7'KIE. CtlAIRWOMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY .XlXRJOI~IE M;SmUt)Em' ASSISTANT COL .'N'I'Y ATFORNEY PL D-'~-21 O~DI'~ANCE -2- l'? STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-31 Which was adopted by the Board of County Commissioners on the llth day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of May, 1999. DWIGHT E. BROCK Clerk of Courts and'~lerk Ex-officio to Board'. of County Commissioner~ By: Ellie Hoffman, Deputy clerk ~pLes Daily Neva Naples, FL 3A102 Affidavit of PubLication ~apLes Dairy NE~ BOARD OF COL~TY CC~ISiXO~IER5 ATTN: T~WA PHILLIPS PO BOX &13016 NAPLES FL ~101-~6 REFERENCE: 001230 00q-156310 57870669 NOT[CE Or [HTENT TO State of Florida ~ty of CoLtler B~fore tl~ txx:lersJ~ed authority, ~rs~aLLy appeared B. Laeb, ~ ~ ~th says t~t she serve~ a~ t~ A~t~t~t Cor~ete Secretary of the Nap{e~ in Cottter C~ty, FtorJ~: t~t the ittach~ ~ of ~ertist~ vas ~ttsh~ ~n ~atd n~s~r ~ ~tes Afft~t further ~ays t~t the sa~d ~tes CoLt$er C~:y, FLorida, ~ t~t the ~s~r ~s heretofore ~ ~Li~ in said CoLLier C~nty, Florida, each ~tter at the ~st office in ~ptes, Jn said ~:L~er C~ty, ~:ort~, for a ~rJ~ of 1 year next p~ec~J~ the f$r~t ~icatJ~ of attec~ ~ of ~vertis~nt; a~ affiant further ~ t~t ~ ~ neJther ~td rot dJsc~t, r~te, c~Js~J~ or ref~ for the ~r~se of securi~ thie ~vertJse~t PUBLISHED 0el: 0~/30 SPACE: 12].000 INCH FILED 0~: o~/~0/~ Stature of AffJ~t "' ' ' S~rn to .~ S~scrJ~ before . ,hi, ~ ~y of ~~ 19~ .??.'.~.,i", Jsyce E B~zmr , NOTK~ Oe: INTENT ' TO COt~IDER O~DINAtK~ thaf on TUESDAY, MAY 11, 1999, In I~xx'droom, ~d F~, ~ C~, ~1 E~t T~f~ Tr~l, ~, F~J~, ~ ~d ~o ~ ~DINANCE COLLIER COUNTY. FL~O~ TO AND CODIFY 7HE COUNTY'S POLICY REG~NG EXE~- T~N FRO~ OEACH PURPOSE; APPLIC- ~E ~A~ FACL~ TIES LOCATIONS BEACH FAC L TY P~Ki~ FEE RATE[ VEHICLES EXE~P- T~N FROM BEA~ FACILITY PARKING FEES FOR ~RMA. ~NT C~L~ C~- TY RESIDENTS; PR~ ~ C~L~R C~Y · COLLIER COUNTY REiTR~TED PARK* lNG REAS; ITED PARKING AT METERED PARKING ~ACES; PROVIDING T~ ~ ~ LAWS ArID ORDINANCES; FC~T AF~ ~VERA. BILITY; PPOVIDING F~ AN EFFECT~ DAT~ ~e ~ f~ ~. HOTE: All persons mlnl,trato, ~ ~ ~e~ T~ ~ ~ ~ ~ 10 ~n. Per~ons wishing to ~ to ~ ~1~ ~ln~ In ~f~e ~e ~d ~ ~ r~ ~ ~d will n~ ~e ~ o v~ COLLIER COUNTY,} FLORA PAMELA ~. ~AC'KIE, DWIGHT E. BROCK, ~K B~/s/LI~ Stee~, PAM' PERRELL ?74-8408 (941) 7'74-840b'_ April 16, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance to codify County policy regarding beach parking fees exemptions and enforcement Dear Pam: Please advertise the above referenced notice one time on Friday, April 30, 1999, and kindly send the Affidavit of Publication, in duplicate, to~ether with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 001-156310 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 11, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: kN ORDINA/~CE OF COLLIER COUNTY, FLORIDA, TO REVISE AND CODIFY THE COUNTY'S POLICY REGARDING EXEMPTION FROM BEACH FACILITIES PARKING FEES; FINDINGS ~D PURPOSE; APPLICABLE BEACH FACILITY LOCATIONS; BEACH FACILITY PARKING FEE RATES. VEHICLES EXEMPTION FROM BEACH FACILITY PARKING FEES FOR PERMANENT COLLIER COUNTY RESIDENTS; PROOF OF COLLIER COUNTY RESIDENCY; COLLIER COUNTY PARKING CITATIONS; RESTRICTED PARKING AREAS; PROHIBITED PkRKING AT METERED PARKING SPACES; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS ~ND ORDI~;A/~CES; PROVIDING FOR CONFLICT ;~D SEVERABLITY; PROVIDING FOR ~: EFFECIIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization cr group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate Ccunty staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. A~ny person who decides to appeal a decision of the Board will need a record o5 the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appea'l is based. BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FLORIDA PA/~ELA S . ~vj~C' KIE, CHAIRWOMA/~ DWIGHT Eo BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) lTD COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IlEARINGS To: Clerk to Ihe Board: Plea~ place thc follossing as a: [] Normal ~cgal Advcrlisemcnl l'-] Olhcr: (Display Ads-,, location, crc,) 1.7.D .... :-!: Originating ~ Div: Parks and Recreation / Pnblic Sc~'iccs Per.n: John D,:nnuck Dale: 2/Ig/')9 Pclilion No. (If none. give brtcf dcs,cnpt~onl~ Ordinance to codif)' County polio' regarding beach parking fee,,, exempnons, and · eh/ore, mem. Pcfitioncr: {Name & Addrcss): Name & Addrcss of an)' person(s) Io be nolificd I~.' Clerk's Office: {If more space is needed, attach separalc shecl) Hearing tx:fore xxx BCC BZA Off,er Requcslcd Hearing date' {Based on ad,,cnl~cmcnt appearing I0 da:,s before hearing Nc',vspapcr(s) lo I~. used: (Complclc onl.,, ff inlporLiill) Il, lee [] Naples Daily No,ss [] Othcr [] I.cg:dl.~ Rcqmrcd Proposed Text: (Include legal dcscriplion & cmnmon location & Size: Tcxl includes thc proposed ordinance Ihat codifies thc Count)' polio' regarding beach parking fec~. exemptions, and enforcement. Companion pcIHion(s), if an.s & proposed hearing dale: Docs Pclition Fcc include advcrlising cost? [] Ycs [] No If Yes. sshal account should be charged for advertising costs: I~)l. 156310 DiVili'on - Dale Lisl Aliachmcnls: Proposed Ordinancc Apptcn'cd ~': Courtly Manager Dale I)ISTRIBUrlON INSTRUCTIONS For hearings before BCC or B7~: Initiating person lo complete one coy and ohtaln Dh'ininn Ilcad apprnval bcfl~rc submilting to County .Manager. Note: If Icgal documen! ia insohed, be sure that any necc~,.~ary legal review, or rcqucnl for same. i~s submitted to Count) Altnrne) I)cfore ~ul)milting to County .M;~na~er. The Manager's nffice ss'ill dislrihule copies: ~ Count:}' Manager agenda file: Io i~ Requcstina Dhhlon [] Original Clerk'S Office B. Olher hearings: inilialing Division h~d 1o approve and submit original Io Clerk's O~cc. retaining a cop)' for ':. '-::-: ,, OateR<ei,'cd /5,,, ~o Da,eofl'ublichmar",gfi"'~ [~[~e~ DalcAd,eni~d: L ORI)INANCI': NO. 99- AN ORi)INANCE ()F C()IA,IEI~ COUNTY, I:I,ORIi)A. '1'() I~/WISI,; COI)IF¥ TIlE COI:N'I'Y'S POI,ICY i{E(;AIH)IN(; I.;XI.;.MI"I'I()N I.'R()~I BEACII FACII,ITIES PARKING FEES; FINDINGS ANI) AI'I'I.ICABI,E BEACil FACI I,I'I'Y LOCATIONS: BEACI[ I:..X (:11,ITY PAI{KIN(; FEE RATES. VEIIICi. E EXEMI'TION FROM lll~..X(/ll I.'.ACII,ITY I'ARKIN(; FEES FOR PER31ANENT COI,I.IER C(HTNI'Y I~I.:SII)EN'I'E: I'ROOF OF COI.I,IER COUNTY RESIDENCY; COI,I.IEI{ C()I'NTY I'AI~KIN(; CITATIONS; RESTRI~FED PARKING AREAS; Pi{Ol[ll~ITl.~l) I'Al{l(IN(; AT METERED PARKING SPACES; PROVIDING FOR INCI.ITSION INTO TIIE CODE OF I,AXVS AND ORDINANCES; I'ROVIDING F()R (7{)NFi.l(Tl' AND SEVERABII.ITY; I'ROVIDING AN EFFECTIVE I)ATE. WIIERI~AS, by adoption of Resolution No. 95-543 on Scplcmi~cr 2;,. P)q5 , Board of Cmmty Commissioners of Collier County. Florid:L ;brmMly all]rmcd II~c County's policies regarding fees fi~r parking vehicles :~t thc r't,tm:,.'.. I,czt,ch fhcilitics aq spccilicd in ih;it Resolution; and X~llEREAS. Thc Staff of the County's ['arks and Rcc~c;iti-n I)cp:,:mcht rcqucslcd lhal thc Board of County Commi:,sioncrs revise .m.! co,Iifx ~hc WI IEREAS. thc Hoard of Counly Commissioners. havhm rc','ic',~cd thc conJained in Resolution No. 95-543, and having considered 51al't'), agrees wJlh Slal~s recommendations ami hereby revises and codifies Iho~c poJicJc~ NOW, 'I IIEREFORE, lie IT ORI)AINI'~I) lJ¥ TIlE lJ()AIJI} ()l.' (;()l COM.MISSIONEIJS OF COI,I.IER COI;NT¥, I:I.ORII).X. Ihal' SECTION ONE. FINDINGS AND I'URi'OSI.L The Board orCounty Commissioners makes the bflloxv{n~ Ih~din:~ ~d' I Thc majority of motor vehicles at Ibc Cotmly's beach parkin~ Ihcilitics arc occupied by persons who are not residents of Collier Count5. 2. Thc costs of providing beach parking filcilitics alltl .f imlicing. maintaining and repairing beaches, plus costs m expand parking lhcditics or new parking facilities are increased as resulting from incrcasin7 mmfl~c~s of xchiclcs being parked at those beach parking facilities. 3. The County's beach hcilitics parking tko is >~. ,d per vehicle per day. 5,0.75 per hour at each parking space that is controlled hv an imlix'idual p:,rkm:~ meter. Over thc past three f3) fiscal ycar~ these parking fccs produced revenues ~hich reimburse Collicr Count)' for Icss II]an eighty percent (g0%) ~f Ihc (?.unty's beach facilities expenses. 4. Adoption of this Ordinance is intended to fncili:alc cnforccmcnt of ce, llection of these beach facilities parking fccs. SECTION 'i¥,'O. AI'i'LICABLE BEACII FACILITY I.OCATI()N.~. 'lhe beach parking fees apply to thc following beach p;Irkin~ I:qcilities within Collier Count,','. Additional beach parking facilities may be added to ~his list fr,m time- to-time by Resolution(s) adopted by the Board of County Commissioncr.~. Barefoot Beach Access. Barc£oot Beach Park. Vandcrbilt Beach Access. Clam Pass Park, North Gulfshore Beach Access. Tigertail Beach. South Marco Beach Park. SEC~FION TIIREE. BEACII FACII,ITY I'ARKING FEi.; IIATI:,S. The beach parking fees are hereby affim~cd lo bc 53.00 per vehicle per (lay for parking spaces that arc not metered; and are seventy-five ccnis ($0.75) pcr hour per ,.'chicle for parking spaces that are individually metered. The fees arc c~llcctcd Iht. ugh parking meters or by direct collection by authorized county personnel. SECTION FOUR. VEIIlCLE EXE31I'TION FRO.M I}I,;,\CII FACII,ITY PARKING FEES I:OR PERMANENT COIA,IER COUNTY RESIDENTS; PROOF OF I'I';I~,*IANENT RESIDENCY IN COLLIER COUNTY. I. No vehicle shall be exempt from the subject beach facility parking fees at the specified beach facilities unless thc vehicle displays a valid beach parking sticker issued by the Count,',' or by thc City of Naples. 2. Each individual who applies for one (1) or more vehicle parking sticker(s) must be a resident of incorporated or unincorporated Collier County. Ad valorem taxes assessed against residential living units, and other taxes paid by residents, contribute to partially pay for the County's expenses and the City of Naples' expenses related to the subject public beach facilities, which taxes are not paid by persons who arc not residents of Collier County. Tho documentation required to prove eligibility to be issued parking stickers by Collier Cot, nty shall be as required by Rules (ff the Collier County Parks and P, ccrcation Department approved by Resolution(s) adopted by the Board of County Commissioners. Each individual who owns {'cc title to real propcr~y m Collier County then in single family residential usc is eligible for parking stickers. Each individual who resides in Collier County for one hundred anti eighty-three (183) days or more in an)' three hundred and sixty-five (365) day period is eligible fi~r parking stickers. SECTION FIVE. RESTRICTED I'ARKING ARE:\S. Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each of the above-listed "Applicable Locations" is designated as an area where vehicle parking is restricted to vehicles that display a valid vehicle parking sticker or fi~r which thc applicable beach parking fee has been paid. SECTION SIX. PROIIIBITEI) PARKING AT ,METEIU';I) I'AI~,KING SPACES. Pursuant to Section FOUR of Collier County Ordinance No. 8047. as amended, at each of the above-listed "Applicable Locations" each vehicle parking space controlled by a parking meter is an area ~vhcre parking is prohibited at all times when the parking meter is "expired." SECTION SEVEN. COLLIER COUNTY PARKING CITATIONS. Pursuant to Chapter 89-449, Laws of Florida, as amended, and Resolution(s) that may be adopted in conjunction with that Special Act, Collier County {'ark Rangers are authorized to issue parking citations for each beach facility in accordance with Ordinance N°. 80-47, as now or hereafter amended, or as may hc superseded by subsequent ordinance(s), SECFION EIGIFr. INCLUSION INTO TIlE COI)E OF I,..\W.',; AND ORDINANCES, The pro',ision of this Ordinance shail become and be made a part of the Code of l.aws and Ordinances of Collier County, Florida. The sections of the Ordinance may hc renumbcrcd or relettered to accomplish such, and thc word "ordinance" may be changed to "Section." "Article," or any other appropriate word. SECTION NINE. CONFLICT AND SEVERABIIATY. In the event this Ordinance conflicts with any other ordinance ofCollicr CmHaty or other applicable law, the more restrictive shall apply. If any phrase or pnnion of ~his Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall bc deemed a separate, distinct and independent proxisi,n and such holding shall not affect thc validity of the remaining portion. SECTION 'FEN. EFFECFIVE I)ATE. This Ordinance shall become effective upon filing v,,ith the Florida Department of State. PASSEl) AND DI[I.Y ADOPTED by thc Board of County Commissioners of Collier County, Florida, lhis ____ day of .19'~0. ATTEST: I)WIGt tT E. BROCK, CI.ERK Deputy Clerk Approved as to £om~ and legal sufficient': I Tt~omas C. [ almcr A.qsistant Caunty Attorney 1~ Icl\ Beth Parbv, g Fees Ord BOARD OF COUNTY COM:',flSSIONF~RS, OF COLLIER COUNTY, FLORII).,\ By: PAMELA S. MAC'KIE, Ct b\IRWOM,\N CERTIFICATE OF AUTHENTICITY FOR CLERK OF THE CIRCUIT COURT COLLIER COUNTY, FLORIDA 170 This is to certify that the microphotographs appearing on this Feel are true and accurate reproductions of the records of the Clerk of Circuit Court, Collier County, Naples,Florida. That the records were microfilmed On the date or during the period indicated; and that at the time of microfilming the records were in the custody of the Clerk of Circuit Court. It is further certified that the records microfilmed on this reel were microfilmed under the authority of the Clerk of Circuit Court: and that in order to insure archival quality, authentic reproduction, and legal admissibility of records filmed they were microfilmed with equipment and film approved by the Department of State, Division of Library and Information Services - Records Management and that the guidelines set forth by the Department of State, Division of Library and Information Services - Records Management were adhered to. M~crofirm %a~era ~p~erator~ Date - Month/Day/Year THIS PORTION TO B~O~L~KD O~Y ~ APPLICABL~ CERTIFICATE OF AUTHENTICITY REGARDING CONTENT OF INFOR/.LATION ON FIL24 This to certify that the microphotographs appearing on this film; start with CASE N~4BER and end with CASE NU~.IBER Microfilm Camera Operator Date - Month/Day/Year